HomeMy WebLinkAbout09-2745Melanie L. Erb, Esquire
2132 Market Street
Camp Hill, PA 17011
717-975-9446
Merbgdcdlaw.net
CHRISTOPHER D. LAUVER,
Plaintiff
V.
MONICA LAUVER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09 - ANS (}l U ? L '`
: CIVIL ACTION - LAW
: CUSTODY ACTION
COMPLAINT FOR CUSTODY
AND NOW, comes the Plaintiff, CHRISTOPHER D. LAUVER, by and through his
attorney, Melanie L. Erb, Esquire and the Law Office of Darrell C. Dethlefs, who files this
Complaint for Custody and avers as follows:
1. The Plaintiff is Christopher D. Lauver, an adult individual, currently residing at 46
Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is Monica Lauver, an adult individual currently residing at 45
Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3 (a). Plaintiff seeks shared legal and primary physical custody of the minor child
Chenelle Lauver, born February 4, 2002.
3(b). The child was not born out of wedlock. The child is presently in the custody of
Defendant, Monica Lauver who resides at 45 Honeysuckle Drive, Mechanicsburg, Cumberland
County, Pennsylvania. Her relationship to the minor child is that of Mother.
For the past five years, the child has resided with the following persons and at the following
addresses:
List All Persons List All Addresses Dates
Monica Lauver 45 Honeysuckle Drive
Mechanicsburg, PA
Christopher Lauver 46 Warwick Circle
Mechanicsburg, PA
3(c). The mother of the child is Monica Lauver, currently residing at 45 Honeysuckle
Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is currently not married.
The father of the child is Christopher D. Lauver, currently residing at 46 Warwick Circle,
Mechanicsburg, Cumberland County, Pennsylvania. He is currently not married.
4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently
resides with the following persons:
Name Relationship
N/A
5. The relationship of Defendant to the child is that of Mother. The Defendant currently
resides with the following persons:
Name Relationship
N/A
6(a). Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
6(b). Plaintiff has no information of a custody proceeding concerning the child pending in
a court of this Commonwealth or any other state.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested because the child and Plaintiff/Father have a strong bond that should not be
broken or altered by Mother's desire to relocate to Florida.
8. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child has been named as a parry to this action. All other persons,
named below, who are known to have or claim a right to custody or visitation of the child will be
given notice of the pendency of this action and the right to intervene: NONE.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order
scheduling a custody conciliation conference.
PA I/D. No. 84445
The Law Offices of Darrell C. Dethlefs
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
Attorney for Plaintiff
Respectfully Submitted,
VERIFICATION
I verify that the statements made in the Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Date: </ 1?
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Melanie L. Erb, Esquire
2132 Market Street
Camp Hill, PA 17011
717-975-9446
Merb ,dcdlaw.net
CHRISTOPHER D. LAUVER, : IN THE COURT OF COMMON PLEAS
Petitioner : CUMBERLAND COUNTY,,} PENNSYLVANIA
NO. OQ -- ?7V5 Is-e-
MONICA LAUVER, : CIVIL ACTION - LAW
Respondent : CUSTODY ACTION
PETITION FOR SPECIAL RELIEF
AND NOW, comes the Petitioner, CHRISTOPHER D. LAUVER, by and through his
attorney, Melanie L. Erb, Esquire and the Law Office of Darrell C. Dethlefs, who files this
Petition for Special Relief and avers as follows:
1. Petitioner is Christopher D. Lauver, an adult individual, currently residing at 46
Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania.
2. Respondent is Monica Lauver, an adult individual currently residing at 45
Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. The parties in this matter have been separated since January 2004 and are
divorced.
4. To Petitioner's knowledge, currently there is no custody Order in this matter,
however a Custody Complaint is being filed simultaneous with this Petition.
5. Since the parties separation, the minor child, Chenelle Lauver, (born February 4,
2002), has lived primarily with Respondent.
•
6. Petitioner has had significant periods of partial physical custody during that time
period, having his daughter every other weekend from Friday until Monday, and every
Wednesday overnight.
7. Respondent recently traveled on vacation with the minor child to Florida. Upon
her return Respondent has stated she intends to move with the child to Florida.
Respondent has not provided a time frame for her intended move and did not
consult with Petitioner/Father regarding this move.
9. Petitioner does not believe it is in his daughter's best interest to relocate to
Florida.
10. Petitioner is seeking to have his daughter remain in Pennsylvania pending a full
hearing on the issue of legal and physical custody.
WHEREFORE, Petitioner respectfully requests this Honorable Court enter an Order
directing that Respondent is not permitted to relocate with the minor child until a full hearing has
been held regarding custody.
Respectfully Submitted,
lane L. EA( Esquire
PA I.D. No. 84445
The Law Offices of Darrell C. Dethlefs
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
,ell
Date:
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CHRISTOPHER D. LAUVER,
Plaintiff
V.
MONICA LAUVER,
Defendant
MAY 0 4 2009 C
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. QQ - -?V LIS
: CIVIL ACTION - LAW
: CUSTODY ACTION
ORDER
AND NOW, based on the forgoing Petition for Special Relief, it is hereby Ordered and
decreed that the Respondent/Defendant may not travel out of Pennsylvania for any purpose with
the minor child, Chenelle Lauver, pending further Order of Court.
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CHRISTOPHER D. LAUVER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MONICA LAUVER
DEFENDANT
2009-2745 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, May 06, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 16, 2009 at 2:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ John[ Man-an, r. Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Fi i FILE
OF THE 114MTARY
2004 MAY -6 PM G-' I I
Alt
?oe
Custody Conciliation Referral tracking:
s
Docket Number:
Date Referred to Judge:
Date of judge Hearing:
Hearing held? YES or NO
If YES, result of hearing:
Length of Hearing:
If NO, why was hearing not held:
d until
please note that reschedules & continuances should not be submitte a final decision is
made - just change the Judge Hearing date
RETURN TO COURT ADM1N
CHRISTOPHER D. LAUVER
Plaintiff
V.
MONICA LAUVER
Defendant
Prior Judge: Edgar B. Bayley, P.J.
JUN 2 2 2009„ g
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-2745 Civil Term
: ACTION IN CUSTODY
COURT ORDER
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AND NOW, this - day of Ume 2009, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
This Order is entered pursuant to a Custody Conciliat' n Conference. A Custody
Hearing is hereby scheduled on the IS?'day of A?;? 2009 at
1:30 wt/pm in Courtroom number o_ in the Cumberland County Court of
Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in
regard to the physical custody for the subject Children. For purposes of this
hearing, the Father shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for each party shall file with the Court and
opposing counsel a Memorandum setting forth each party's position on custody, a
list of witnesses who will be expected to testify at the hearing and a summary of
the anticipated testimony of each witness. These Memoranda shall be filed at
least five days prior to the hearing date.
2. Legal custody: The Mother, Monica Lauver, and the Father, Christopher Lauver,
shall have shared legal custody of Chenelle Lauver, born 02/04/2002. The parties
shall have an equal right to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding
her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309,
each parent shall be entitled to all records and information pertaining to the Child
including, but not limited to, medical, dental, religious or school records, the
residence address of the Child and of the other parent. To the extent one parent
has possession of any such records or information, that parent: shall be required to
share the same, or copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to the other parent.
3. Physical Custody: Mother and Father shall arrange custody as follows:
a. Father shall have physical custody of Chenelle every Wednesday
from 4:00 pm until Thursday 8:30 am.
b. Commencing 06/19/09, Father shall have physical custody of
Chenelle every other weekend from Friday 4:00 pm until Monday
morning at 8:30 am.
C. Father shall not have custody of Chenelle Wednesday 06/24/09,
but rather shall have physical custody of Chenelle from 06/25/09
until 07/12/09.
4. It is agreed upon that a custody evaluation may be beneficial to the instant matter
with a mutually agreed upon professional. The allocation of costs for the
evaluation shall be arranged between the parties.
5. The non-custodial parent shall have liberal telephone contact with the Child on a
reasonable basis.
6. Holidays: The parents shall arrange a holiday schedule as agreed upon.
7. No party to this action shall remove Chenelle from this jurisdiction without
further Order of Court or express written agreement/permission of the parties.
8. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party. To the extent possible, both
parties shall not allow third parties to disparage the other parent in the presence of
the Child.
9. No party to this action, or any third-party, shall discuss with Chenelle anything
regarding moving to Florida or custodial litigation matters.
10. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as possible after the emergency is handled.
11. During any periods of custody or visitation, the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible,
that other household members and/or house guests comply with this provision.
12. In the event that the parties feel that a custody hearing before; the Court is not
necessary or proper, the parties to this action have the right upon mutual
agreement to directly contact the assigned conciliator to schedule a conciliation
conference to possibly resolve the instant matter.
13. The parties may modify this Order by mutual agreement in writing. In the
absence of mutual consent, the terms of this Order shall control.
stribution:
tie Maxwell, Esq.
elanie Erb, Esq., 2132 Market Street, Camp Hill, PA 17011
?hn J. Mangan, Esq.
0.10Pees
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CHRISTOPHER D. LAUVER
Plaintiff
V.
MONICA LAUVER
Defendant
Prior Judge: Edgar B. Bayley, P.J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 09-2745 Civil Term
: ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
The pertinent information pertaining to the Child who is the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody
Chenelle Lauver 02/04/2002 Mother and Father
2. A Conciliation Conference was held on June 16, 2009 with the following
individuals participating:
The Mother, Monica Lauver, with her counsel, Katie Maxwell, Esq.
The Father, Christopher Lauver, represented by Melanie Erb, Esq. with substitute
counsel, Michael Pykosh, Esq.
3. Mother's position on custody is as follows: Mother has some significant
medical concerns; i.e. fibromyalgia that causes her discomfort and pain.
Mother's treating physicians have recommended that she move to warmer
climes to alleviate some of her symptoms. Mother would like to move to
Florida as soon as possible, but no later than the end of August so that she
may enroll Chenelle in school. Mother has offered Father significant periods
of time with Chenelle for the summers and holidays. Mother indicates that
she has a great relationship with her daughter and would lake primary custody.
4. Father's position on custody is as follows: Father is adamant that Chenelle
not move to Florida. Father would like Chenelle to remain in this jurisdiction.
Father in turn maintains that if Mother desires to move to Florida, she may do
so without the Child and that he would offer Mother significant periods of
time with Chenelle over the summer and holidays. Father, indicates that
moving would be disruptive to Chenelle because of her school, friends and
extended family all are here in this jurisdiction. Father maintains that he too
has a great relationship with his daughter and would like primary custody.
Both parents would like to have a custody evaluation done but realize that
there are time constraints to accomplish this.
5. The Conciliator recommends an Order in the form as attached scheduling a
Hearing and entering an Order of Court regarding custody as outlined. It is
the Conciliator's belief that this would be in the Children's best interest. It is
expected that the Hearing will require one day.
6. The proposed recommended Order may contain a requirement that the parties
file a pre-trial memorandum with the Judge to whom the matter has been
assigned.
Date:
(427 JJ. gan, Es ire
y Concilia r
FILED-O f I C
0F TNc FR"'; ' ..-" NOTARY
2009 JUL -2 Pe; 3* 0 9
CHRISTOPHER D. LAUVER,
Plaintiff
V.
MONICA LAUVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09 - 2745 CIVIL TERM'
ACTION IN CUSTODY
` CUSTODY STIPULATION
AND NOW, THIS 1 Day of , 2009, the parties
hereby agree and stipulate as follows:
1. This Order supercedes and replaces all prior Orders under the above-
captioned docket number.
2. Legal Custody. Father, Christopher D. Lauver and Mother, Monica Lauver,
shall have shared legal custody of Chenelle Lauver, born 2/04/2002. The parties shall
have an equal right to make all major non-emergency decisions affecting their child's
general well-being, including, but not limited to, all decisions regarding health,
education, and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall
be entitled to all records and information pertaining to the child, including, but not
limited to, medical, dental, religious, or school records, the residence address of the
child and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
3. Physical Custody. Mother shall have primary physical custody of the child.
Father have periods of partial physical custody with the child as follows:
a. During the school year, every Wednesday at 4:00 p.m. through
Thursday at 8:45 a.m. when she will be dropped off at school.
During the summer, every Wednesday at 4:00 p.m. through Thursday at
8:30 a.m., when she will be dropped off at Mother's house, if Mother is
available, or to the babysitter's house, if Mother is working.
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b. During the school year, every other weekend from Friday at 54*p.m.
through Monday at 8:45 a.m. when she will be dropped ofd' at school 0 L
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During the summer, every other weekend from Friday at p.m.
through Monday at 8:30 a.m., when she will be dropped off at Mother's
house, if Mother is available, or to the babysitter's house, if Mother is
working.
4. Vacation Time. Each party shall be entitled to have one week vacation with
the child during summer vacation from school. A week shall consist of six overnights.
The requesting parent shall give the other parent 30 days advance notice of the
requested time and this vacation week shall supersede the regular physical custody
schedule. In the event the parties schedule conflicting vacations, the party first
providing notice shall have the choice of vacation. Prior to departure, the parties will
provide each other with information regarding the intended vacation destination,
address, basic itinerary, and a telephone number at which they can be reached during
their vacation.
The other parent may have reasonable telephone contact with the child during
vacation or periods of physical custody. Reasonable telephone contact'shall mean a
of two telephone c per day.
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5. Leaving the State. Either party may take the child out of state (but within the
country) during a period of their physical custody, for vacation purposes, provided
fourteen (14) days advance notice is given to the other party prior to departure. Prior
to departure, the party leaving will provide the other party with information regarding the
intended destination, address, basic itinerary and a telephone number at which they
can be reached. No notice need be given by either party regarding day or weekend
trips out of state with the child during their period of physical custody.
6. Leaving the Country_ Either party may take the child out of the country,
during a period of their physical custody, provided the party gives thirty (30) days notice
and the other party consents in writing. Such consent shall not be unreasonably
withheld. Each party must sign for the child's passport to be obtained. Prior to
departure, the party leaving will provide the other party with information regarding the
intended destination, address, basic itinerary and a telephone number at which they
can be reached.
7. Holidays.
a. Mother's Day. Mother shall always have the child on the day before
Mother's Day at 5:00 p.m. through Mother's Day at 5:00 p,m.
b. Father's Day. Father shall always have the child on the day before
Father's Day at 5:00 p.m. through Father's Day at 5:00 p.m.
c. Thanksgiving. Mother shall have the child on Thanksgiving Day from
9:00 a.m. through 3:00 p.m. Father shall have the child on Thanksgiving
Day from 3:00 p.m. through 9:00 p.m.
d. Christmas. Mother shall have the child from 1:00 p.m. on Christmas
Eve until 1:00 p.m. on Christmas Day. Father shall have the child from
1:00 p.m. on Christmas Day until 1:00 p.m. on December 26tH
• l
e. New Years. The New Years holiday shall be alternated by the parties
and shall be defined as the period from December 30th at 5:00 p.m.
through January 15t at 5:00 p.m. Father shall have this period beginning
on December 30th, 2009 and every other year thereafter. Mother shall
have this period beginning on December 30th, 2010 and every other year
thereafter.
8. Telephone Contact: The non-custodial parent may have liberal telephone
contact with the Child on a reasonable basis. Reasonable telephone contact shall
mean a miwi r of two calls er.
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9. Disparaging Remarks: Neither party may say or do anything nor permit a
third party to do or say anything that may estrange the Child from the other party, or
injure the opinion of the Child as to the other party, or may hamper the free and natural
development of the Child's love or affection for the other party. To the extent possible,
both parties shall not allow third parties to disparage the other parent in the presence of
the Child. Neither party shall discuss custodial litigation details with the child.
10. Medical Emergency: In the event of a medical emergency, the party with
physical custody at the time may make emergency decisions and then notify the other
party as soon as possible after the emergency is handled.
11. Transportation. The parties shall share transportation for the exchanges.
12. Best Interest of the Child. The parties understand that in making an order
for custody, the court shall consider the best interest of the child, which may include any
factor which impacts the child's physical, psychological, intellectual, and emotional well-
being. Such factors may include but are not limited to: the age of the child, the child's
relationship with each parent, the preference of the child, (if old enough to express a
meaningful preference), the duration, adequacy and stability of the child's current living
arrangements, the motive of each parent, the child's school and community, the
openness of each parent to allow and encourage frequent and continuing contact
between the child and the other parent, including physical access, and the capacity of
each parent to cooperate with each other and teachers or child care providers.
One thing that was considered was the fact that the parties have been observing
the proposed custody schedule for a period of 5 years, seven months, and the
beneficial effect of maintaining stability and continuity in the child's schedule and
regular consistent contact with both parents.
In addition, the parties have considered all of the above factors, and have
attempted to craft a custody agreement which provides for the best interest of the child
or children. The parties understand that while this matter could be heard by the Court,
they are not requesting a hearing or court intervention on this matter, at this time, as
they have been able to reach an agreement beneficial to the child or children, and it is
in the best interest of the child or children and the parties to resolve this matter without
litigation and with minimal conflict.
13. Jurisdiction. This agreement is governed by the laws of Pennsylvania.
14. Modification. This Order is entered pursuant to an agreement of the parties.
The parties may modify the provisions of this Order by mutual consent. In the absence
of mutual consent, the terms of this agreement and Order shall control.
WITNESSETH:
4N7 ?7- it ess
Witness
Monica Lauver, Mother
7//.3 p?
Date.
Date: ''f?f 3 e I
T
2009 JUL 14 PH f : 03
CHRISTOPHER D. LAUVER,
Plaintiff
V.
MONICA LAUVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09 - 2745 CIVIL TERM
ACTION IN CUSTODY
PRAECIPE FOR ENTRY AND WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of Katie Maxwell, Esquire, on behalf of
Monica Lauver, Defendant in the above-captioned matter.
Respectfully Submitted:
Date:
)Vx'?96_? jzo?
atie M ell, Esqu1E-J
I.D. N (10 East HigFi S9 reeOlg
Carlisle, Pa. 17013
(717) 243-3341
Please enter the appearance of Jane Adams, Esquire, as Attorney of record
on behalf of Monica Lauver, Defendant in the above-captioned matter.
Respectfully Submitted:
oate r) I ID I05
a e Adams, Esquire
W No. 79465
West South Street
Carlisle, Pa. 17013
(717) 245-8508
2 0 0 9 JU 13 F'1 #f. `E9
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 57380
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-443G
ATTORNEY FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
~riK1s1~UYHr:R D. LAUVER,
Plaintiff
v.
MONICA A. LAUVER,
Defendant
CIVIL ACTION -LAW
NO. 2009-2745 CIVIL TERM
IN CUSTODY
PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF
COUNSEL OF RECORD
TO THE PROTHONOTARY:
Please withdraw the appearance of JANE ADAMS, ESQUIRE, as attorney of record for
Defendant, Monica A. Lauver, in this matter.
~~ ~~, 2010 ~,,
a e Adarns, Esquire
17 est South Street
arlisle, PA 17013
717-245-8508 _
SUPREME COURT I.D. NO. ~ ~ ~ ~ ~
(r~ '('f~FILED ~~ w
2010.1~~~ 17 Fri 3~ ~
Clil}/i~4.!"~ ;fir ~_.~.:I,.jiVi 1
Please enter the appearance of NATHAN C
Defendant in this matter.
TNT ~ 2010
WOLF, ESQUIRE, as attorney for the
Nat Wolf, Esquire
W WOLF
10 West High Street
Carlisle, PA 17013
717-241-4436
SUPREME COURT ID #87380
CHRISTOPHER D. LAUVER, IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA
v. N0.2009-2745 CIVIL TERM ~
MONICA A. LAUVER, :CIVIL ACTION -LAW , , , ; _; ~ _--
Defendant/Respondent : IN CUSTODY `- ~ W: ~ '~~ ~ ='
_ ~ .,,
cQ c.:,
PETITION FOR FINDING OF CONTEMPT . ~ ~!
8~
AND NOW comes the Plaintiff/Petitioner, Christopher D. Lauver, by and through
his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and
respectfully petitions this Honorable Court for a finding of contempt against
Defendant/Respondent, Monica A. Lauver, and in support thereof, avers the following:
1. Plaintiff/Petitioner is Christopher D. Lauver, hereinafter referred to as
"Father", an adult individual currently residing at 46 Warwick Circle, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
2. Defendant/Respondent is Monica A. Lauver, hereinafter referred to as
"Mother", an adult individual currently believed to be residing in Chile, South America.
3. The parties are the natural parents of one minor child, namely Chenelle
Lauver, born February, 4, 2002.
4. The child is presently the subject of two Custody Orders dated July 16, 2009
and June 18, 2010. Pursuant to the Custody Order of July 16, 2009 which was entered pursuant
to a stipulation of the parties, Mother and Father share legal custody with Mother exercising
primary physical custody and Father exercising alternating weekends from Friday afternoon until
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Monday morning and every Wednesday overnight. Pursuant to the Custody Order dated
June 18, 2010, the parties were ordered to engage in a custody evaluation to be performed by
Arnold Shienvold, Ph.D. A true and correct copy of the Custody Order dated July 16, 2009 and
June 18, 2010, marked respectively Exhibit "A" and "B", are attached hereto and incorporated
herein.
5. The Custody Order dated June 18, 2010 was entered as a result of a Custody
Conciliation which was held in response to Mother's filing of a Petition for Modification of
Custody and Permission to Relocate on or about May 27, 2010.
6. A Custody Trial is currently scheduled before the Honorable Albert H.
Masland on February 4, 2011, at 8:45 a.m. The hearing was intentionally scheduled several
months in the future in order to allow ample time for Arnold Shienvold, Ph.D. to complete the
custody evaluation.
7. On Friday, July 16, 2010, Father commenced his alternating weekend
visitation with the subject child. On Sunday, July 18, 2010, Mother texted Father asking Father
to continue his custodial period with the subject minor child as she did not feel well. Over the
next couple of days Father continued to text Mother asking that she contact the child to let her
know that she (Mother) was alright. Mother failed to contact the child at all, leaving the child
anxious and fearful. On Thursday, July 22, 2010, Father discovered via a phone call from
Mother's counsel to Father's counsel that Mother was flying to Chile and did not intend on
returning to Pennsylvania in the foreseeable future.
8. On Monday, 3uly 26, 2010, Father discovered via a telephone call from his
counsel to Riegler, Shienvold, and Associates that Mother cancelled her appointments with Dr.
Shienvold and did not intend on participating in the custody evaluation.
9. Father believes and therefore avers that Mother is suffering from serious
mental health issues, which is the reason why he requested a custody evaluation at the time of the
Custody Conciliation. As well, Father believes that Mother does not want to participate in the
custody evaluation due to her current psychological state.
10. Pursuant to paragraph three of the Custody Order dated June 18, 2010, "the
parties shall, and the parties have agreed to, have a custody evaluation by Arnold Shienvold with
Riegler Shienvold and Associates."
11. Mother is in contempt of the Court Order dated June 18, 2010, by failing to
participate in the custody evaluation to be performed by Arnold Shienvold, Ph.D.
12. Pursuant to paragraph two of the Custody Order dated July 16, 2009, "each
pazent shall be entitled to ... the residence address of the child and of the other pazent."
13. Mother is in contempt of the Order dated July 16, 2009, in that she has failed
to provide Father with her residence address in Chile. As well, Mother has failed to provide
Father with a telephone number where she can be reached in the event there is an emergency
concerning the subject minor child.
14. Father has incurred legal fees and costs in the filing of this Petition for
Emergency Relief and Finding of Contempt.
15. Father is filing a Petition for Emergency Relief contemporaneously with the
filing of this Petition for Finding of Contempt.
WHEREFORE, Plaintif~/Petitioner Christopher D. Lauver respectfully requests
this Honorable Court:.
a. Find Defendant/Respondent Monica A. Lauver in contempt of this
Court's Custody Orders of July 16, 2009 and June 18, 2010;
b. Compel Defendant/Respondent Monica A. Lauver to participate in the
custody evaluation to be performed by Arnold Shienvold, Ph.D.;
c. Order Defendant/Respondent Monica A. Lauver to pay the attorney's
fees and costs incurred by Plaintiff/Petitioner Christopher D. Lauver related to the
filing of this Petition for Emergency Relief and Finding of Contempt; and
d. Any other relief this Court deems reasonable and just.
Date: o Respectfully Submitted,
THE LAW OFFICE OF
SILLIKER & RE OLD
5922 L~iglestown Road
Harrisburg, PA 17112
(71?) 671-1500
I.D. No. 57911
Attorney for Christopher D. Lauver
AFFIDAVIT
I, ~ f'b~ ~5 I....Au~yc,r ,hereby certify that the aforegoing is true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to
unsworn falsifications to authorities.
Dated: ~ 7 p
.•
CHRISTOPHER D. LAUVER,
Plaintiff
V.
MONICA LAUVER,
Defendant
JUl 1 ~ 294~~
IN THE COURT OF COMMON PLEAS
CUM6ERLAND COUNTY, PENNSYLVANIA
NO. 09 - 2745 CIVIL TERM
ACTION IN CUSTODY
ORDER
AND NOW, this ~ v day of V , 2009, having reviewed
the attached agreement between the parties, it is hereby ORDERED and DECREED
that the stipulation entered by the parties on July 13, 2009, shall be entered and
incorporated into this Order of Court.
BY THE CO
~Aeianie Erb, Esquire, for Eater
~ne Adams, Esquire, for mother
_s
CHRISTOPHER D. LAUVER,
Plaintiff
V.
MONICA LAUVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09 - 2745 CIVIL TERM
ACTION IN CUSTODY
` CUST017Y STIPULATION
AND NOW, THIS 1 Day of ~ , 2009, tMe parties
hereby agree and stipulate as follows:
1. This Order supersedes and replaces all prior Orders under the above-
captioned docket number.
2. Legal Custody. Father, Christopher D. Lauver and Mother, Monica Lauver,
shall have shared legal custody of Chenelle Lauver, born 2/04/2002. TMe parties shall
have an equal right to make all major non-emergency decisions affecting their child's
general well-being, including, but not limited to, all decisions regarding health,
education, and religion. Pursuant to the temps of 23 Pa.C.S. §5309, each parent shall
be entitled to all records and information pertaining to the child, including, but not
limited to, medical, dental, religious, or school records, the residence addrefis of the
~h~ld an ~f the ~tha~ parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
3. Physical Custody. Mother shall have primary physical custody of the child.
Father have periods of partial physical custody with the child as follows:
a. During the school year, every Wednesday at 4:00 p.m. through
Thursday at 8:45 a.m. when she will be dropped off at school.
During the summer, every Wednesday at 4:00 p.m. through Thursday at
8:30 a.m., when she will be dropped off at Mother's house, if Mother is
available, or to the babysitter's house, if Mother is working. C~
y=oo
b. During the school year, every other weekend from Friday at 5s~p.m.
through Monday at 8:45 a.m. when she will be dropped ofd at school U~ L
k•~a
During the summer, every other weekend from Friday at ~'p.m.
through Monday at 8:30 a.m., when she will be dropped off at Mother's
house, if Mother is available, or to the babysitter's house, if Mother is
working.
-•
4. Vacation Time. Each party shall be entitled to have one week vacation with
the child during summer vacation from school. A week shall consist of six overnights.
The requesting parent shall give the other parent 30 days advance notice of the
requested time and this vacation week shall supersede the regular physical custody
schedule. In the event the parties schedule conflicting vacations, the party first
providing notice shall have the choice of vacation. Prior to departure, the parties wiN
provide each other with information regarding the intended vacation destination,
address, basic itinerary, and a telephone number at which they can be reached during
their vacation.
The other parent may have reasonable telephone contact with the child during
vacation or~periods of physical custody. Reasonable telephone contact~shall mean a
r~ieia~e~f of two telephone per day.
M ca(~ My ,r+i c.D~
5. Leaving the State. Either party may take the child out of state (but within the
country) during a period of their physical custody, for vacation purposes, provided
fourteen {14}days advance notice is given to the other party prior to departure. Prior
to departure, the party leaving will provide the other party with information regarding the
intended destination, address, basic itinerary and a telephone number ~t which they
can be reached.. No notice need be given by either party regarding day or weekend
trips out of state with the child during their period of physical custody.
6. Leaving the Country. Either party may take the child aut of the country,
during a period of their physical custody, provided the party gives thirty (30} days notice
and the other party consents in writing. Such consent shall not be unreasonably
withheld. ,each Harty must sign for the child's a .Prior to
departure, the party leaving will provide the other party with information regarding the
intended destination, address, basic itinerary and a telephone number at which they
can be reached.
7. H to idavs.
a. Mother's Day. Mother shall always have the child on the day before
Mother's Day at 5:00 p.m. through Mother's Day at 5:00 p.m.
b. Father's Day. Father shall always have the child on the day before
Father's Day at 5:00 p.m. through Father's Day at 5:00 p.m.
c. Thanksgiving. Mother shall have the child on Thanksgiving Day from
9:00 a.m. through 3:00 p.m. Father shall have the child on Thanksgiving
Day from 3:00 p.m. through 9:00 p.m.
d. Christmas. Mother shall have the child from 1:00 p.m. on Christmas
Eve until 1:00 p.m. on Christmas Day. Father shall have the child from
1:00 p.m. on Christmas Day until 1:00 p.m. on December 26'^
• _,
e. New Years. The New Years holiday shall be alternated by the parties
and shall be defined as the period from December 30"' at 5:00 p.m.
through January 1" at 5:00 p.m. Father shall. have this period beginning
on December 30~', 2009 and every other year thereafter. Mother shall
have this period beginning on December 30`", 2010 and every other year
thereafter.
8. Telephone Contact: The nod-custodial parent may have liberal telephone
contact with the Child on a reasonable basis. Reasonable telephone contact shall
mean a~~ oft calls r
9. Dis~aracaing Remarks: Neither party may say or do anything nor permit a
third party to do or say anything that may estrange the Child from the other party, or
injure the opinion of the Child as to the other party, or may hamper the free and natural
development of the Child's love or affection for the other party. To the extent possible,
both parties shall not allow third parties to disparage the other parent in the presence of
the Child. Neither party shall discuss custodial litigation details with the child.
10. Medical Emergency;, In the event of a medical emergency, the party with
physical custody at the time may make emergency decisions and then notify the other
party as soon as possible after the emergency is handled.
11. TransQortation. The parties shall share transportation for the exchanges.
12. Best Interest of the Child. The parties understand that in making an order
for custody, the court shall consider the best interest of the child, which .may include any
factor which impacts the child's physical, psychological, intellectual, and emotional well-
being. Such factors may include but are not limited to: the age of the child, the child's
relationship with each parent, the preference of the child, (if old enough~to express a
meaningful preference), the duration, adequacy and stabi{ity of the child`s current living
arrangements, the motive of each parent, the child's school and community, the
openness of each parent to allow and encourage frequent and continuirng contact
between the child and the other parent, including physical access, and tihe capacity of
each parent to cooperate with each other and teachers or child care providers.
One thing that was considered was the fact that the parties have been observing
the proposed custody schedule for a period of 5 years, seven months, and the
beneficial effect of maintaining stability and continuity in the child's schedule and
regular consistent contact with both parents.
In addition, the parties have considered all of the above factors, and have
attempted to craft a custody agreement which provides for the best interest of the child
or children. The parties understand that while this matter could be heard by the Court,
they are not requesting a hearing or court intervention on this matter, at~this time, as
they have been able to reach an agreement beneficial to the child or children, and it is
in the best interest of the child or children and the parties to resolve this matter without
litigation and with minimal conflict.
13. Jurisdiction. This agreement is governed by the laws of Pennsylvania.
..'
14. Modrficatiora.~ This Order is entered pursuant to an agreement of the parties.
The parries may modify the provisions of this Osier by mutual consent. In the absence
of mutual consent, the terms of this agreement and Order shall control.
WITNESSETH:
Arc tom, ST ~,
' ess
Witness
Monica Lauver, Mother ""-+'
~f ~31Q~
Date: !
Date: ~f ~~ 3 0 ~'
JUN 5'010
CHRISTOPHER D. LAUVER IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
MONICA LAUVER
:, No. 09-2745 Civil Term
Defendant :ACTION IN CUSTODY
Prior Judge: Edgar B. Bayley, P.J.
COURT ORDER
AND NOW, this ~~ day of June 2010, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. The prior Order of Court dated July 16, 2009 incorporating the stipulation entered
by the parties July 13, 2009 shall remain in full force apd effect with the
following additions and modifications:
2. This Order is entered pursuant to a Custod Conciliation Conference. A Custody
I-fearing is hereby scheduled on the - '~~ day of February 2011 at
am/gm in Courtroom number ~_ in the Cumberland County Court of
Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in
regard to Mother's request to relocate to Chile and to determine the overall
physical custody for the subject Child. For purposes of this hearing, the Mother
shall be deemed to be the moving party and shall proceed initially with testimony.
Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses
who will be expected to testify at the hearing and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least five days
prior to the hearing date.
3. The parties shall, and the parties have agreed to, have a custody evaluation by
Arnold Shienvold with Riegler Shienvold and Associates. Father has agreed to
initially forward the required money for the evaluation.
4. In regard to pazagraph 6 of the Stipulation dated July 13, 2009, the following
sentence shall be added: "Once Chenelle's passport has been applied for, Father
shall retain possession of said passport absent written agreement otherwise or
further Order of Court."
5. No yarty to this action shall remove Chenelle Lauver. born 02/04!2002. from
the United States without further Order of Court or exuress written
agreementluermission of the uarties.
EXHIBIT
~ a
6. No party to this action, or any third-party, shall unduly influence Chenelle
regarding Mother and/or Child moving to Chile or custodial litigation matters.
7. The parties may modify this Order by mutual agreement in writing. In the
absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
Distribution:
Kristin Reinhold, Esq., 5922 Linglestown Rd., Harrisburg, PA 17112
Nathan Wolf, Esq.
John J. Mangan, Esq.
~ TRUl3 COPY RROIYt RECpRp
.nd"~1°r'of~ ~ he!s. unb sit npr !~/
nrs~'~~'~d~ ~Pa,-
~o
~~
CHRISTOPHER D. LAUVER,
Plaintiff/Petitioner
v.
MONICA A. LAUVER,
DefendantlRespondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2009-2745 CIVIL TERM
CIVIL ACTION -LAW
IN CUSTODY
PETITION FOR EMERGENCY RELIEF
~ :~? :.
~ ~~ ,,
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T
I~ ~.~ '
~ --_- _
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- $~~
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AND NOW comes the Plaintiff/Petitioner, Christopher D. Lauver, by and through
his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and
respectfully petitions this Honorable Court for emergency relief awazding him sole physical and
legal custody of the subject minor child Chenelle Lauver, and in support thereof, avers the
following:
1. Plaintiff/Petitioner is Christopher D. Lauver, hereinafter referred to as
"Father", an adult individual currently residing at 46 Warwick Circle, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
2. Defendant/Respondent is Monica A. Lauver, hereinafter referred to as
"Mother", an adult individual currently believed to be residing in Chile, South America.
3. The parties aze the natural pazents of one minor child, namely Chenelle
Lauver, born February, 4, 2002.
4. The child is presently the subject of two Custody Orders dated July 16, 2009
and June 18, 2010. Pursuant to the Custody Order of July 16, 2009 which was entered pursuant
to a stipulation of the parties, Mother and Father share legal custody with Mother exercising
c1~~~~sg33
Q. ~
primary physical custody and Father exercising alternating weekends from Friday afternoon until
Monday morning and every Wednesday overnight. Pursuant to the Custody Order dated
June 18, 2010, the parties were ordered to engage in a custody evaluation to be performed by
Arnold Shienvold, Ph.D. A true and correct copy of the Custody Order dated July 16, 2009 and
June 18, 2010, marked respectively Exhibit "A" and "B", are attached hereto and incorporated
herein.
5. The Custody Order dated June 18, 2010 was entered as a result of a Custody
Conciliation which was held in response to Mother's filing of a Petition for Modification of
Custody and Permission to Relocate on or about May 27, 2010.
6. A Custody Trial is currently scheduled before the Honorable Albert H.
Masland on February 4, 2011, at 8:45 a.m. The hearing was intentionally scheduled several
months in the future in order to allow ample time for Arnold Shienvold, Ph.D. to complete the
custody evaluation.
7. On Friday, July 16, 2010, Father commenced his alternating weekend
visitation with the subject child. On Sunday, July 18, 2010, Mother texted Father asking Father
to continue his custodial period with the subject minor child as she did not feel well. Over the
next couple of days Father continued to text Mother asking that she contact the child to let her
know that she (Mother) was alright. Mother failed to contact the child at all, leaving the child
anxious and fearful. On Thursday, July 22, 2010, Father discovered via a phone call from
Mother's counsel to Father's counsel that Mother was flying to Chile and did not intend on
returning to Pennsylvania in the foreseeable future.
8. On Monday, July 26, 2010, Father discovered via a telephone call from his
counsel to Riegler, Shienvold, and Associates that Mother cancelled her appointments with Dr.
Shienvold and did not intend on participating in the custody evaluation.
9. To date, Mother has failed to contact Father to inform him how long she
intends on staying in Chile, her whereabouts and telephone number in Chile, and that she did not
intend on participating in the custody evaluation.
10. Father has discovered from third parties that Mother's lease on her home in
Mechanicsburg, Pennsylvania terminates on July 31, 2010 and that she has gotten rid of her caz
before leaving for Chile on July 22, 2010. She has also made arrangements for the father of her
other two children to pick up all the children's belongings located in Mother's home.
11. Mother's counsel, Nathan Wolf, Esquire, believes Mother does not intend on
returning to Pennsylvania until the custody trial in February, 2011.
12. Father believes and therefore avers that Mother is suffering from serious
mental health issues, which is the reason why he requested a custody evaluation at the time of the
Custody Conciliation. Said custody evaluation would include psychological counseling.
13. Father believes and therefore avers that Mother would never have left the
country without informing him or the subject minor child if she were not suffering from serious
mental health issues.
14. Father believes and therefore avers that Mother's abandonment of the subject
minor child and her failure to contact the child to inform her she was on leaving the country has
and will continue to emotionally harm the psychological well-being of the subject minor child.
15. In order to protect the child from further psychological harm, Father seeks a
Custody Order awazding him sole physical and legal custody of the subject minor child until
Mother submits to a full psychological evaluation.
16. Mother's behavior and actions have been extremely erratic and unpredictable
over the past several months. Mother broke up with her fianck in April of 2010. She
immediately left for Chile, leaving the subject child in Father's custody for several weeks. Upon
her return from Chile, she informed Father that she wanted to relocate to Chile and was willing
to allow Father to assume primary custody with Mother being entitled to time during the summer
and Christmas holiday. At the time of the Custody Conciliation on June 10, 2010, Mother
informed Father that she was leaving for Chile and would be gone from June 12, 2010 through
July 5, 2010. She had never given Father any previous notice of her intention to leave the
country again and father was forced to immediately make arrangements for daycaze for the child
while he was working. On July 3, 2010, Mother contacted Father and informed him that she
would not be returning from Chile for an additional two weeks. Mother then contacted Father
one-half hour later to inform him that she would return to Pennsylvania on July 5, 2010.
17. Father is concerned for the safety of the subject minor child if Mother would
return to Pennsylvania unexpectedly and request to resume custody according to the Custody
Order dated July 16, 2009 due to Mother's emotional and psychological instability at the current
time.
18. In order to assure the safety of the subject minor child, Father requests
Mother submit to a full psychological evaluation to be performed by Arnold Shienvold, Ph.D.
before resuming any custodial periods with the subject minor child.
19. Father is filing a Petition for Contempt contemporaneously with the filing of
this Petition for Finding of Emergency Relief.
WHEREFORE, Plaintiff/Petitioner Christopher D. Lauver respectfully requests
this Honorable Court:
a. Issue an Order granting him sole physical and legal custody of the
subject minor child, Chenelle Lauver, pending a full psychological evaluation of
Monica A. Lauver;
b. Compel Defendant/Respondent Monica A. Lauver to submit to a full
psychological evaluation to be performed by Arnold Shienvold, Ph.D.; and
c. Any other relief this Court deems reasonable and just.
Date: c~~ 1 (~ Respectfully Submitted,
THE LAW OFFICES OF
SILLIKER & R
.~
'stin R Reuil
5922 Li~glestown Road
Hamsburg, PA 17112
(717) 671-1500
I.D. No. 57911
Attorney for Christopher D. Lauver
AFFIDAVIT
I, ~, S ~~v~ ,hereby certify that the aforegoing is true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to
unsworn falsifications to authorities.
Dated: ~ a.Z ~ u
_ ~
. • JUl 1 ~ ~~
CHRISTOPHER D. LAUVER, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V• : NO. 09 - 2745 CIVIL TERM
MONICA LAUVER, :ACTION IN CUSTODY
Defendant
ORDER
AND NOW, this 1 ~ day of V , 2009, havin review
9 ed
the attached agreement between the parties, it is hereby ORDERED and DECREED
that the stipulation entered by the parties on July 13, 2009, shall be entered and
incorporated into this Order of Court.
cc: Melanie Erb, Esquire, for fater
~ne Adams, Esquire, for mother
V
BY THE CO
.o
o~
EXHIBIT
~ •~
CHRISTOPHER D. LAUVER,
Plaintiff
V.
MONICA LAUVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09 - 2745 CIVIL TERM
ACTION IN CUSTODY
CUSTODY STIPULATION
AND NOW, THIS t~~ Day of ~, , 2009, tMe parties
hereby agree and stipulate as follows:
1. This Order supersedes and replaces all prior Orders under the above-
captioned docket number.
2. Legal Custody Father, Christopher D. Lauver and Mother, Monica Lauver,
shall have shared legal custody of Chenelle Lauver, born 2/04/2002. TMe parties shall
have an equal right to make all major non-emergency decisions affecting their child's
general well-being, including, but not limited to, all decisions regarding health,
education, and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall
be entitled to all records and information pertaining to the child, including, but not
limited to, medical, dental, religious, or school records, the residence a drBSS of the
child a h nthpr arent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
3. Physical Custody. Mother shall have primary physical custody of the child.
Father have periods of partial physical custody with the child as follows:
a. During the school year, every Wednesday at 4:00 p.m. through
Thursday at 8:45 a.m. when she will be dropped off at school.
During the summer, every Wednesday at 4:00 p.m. through Thursday at
8:30 a.m., when she will be dropped off at Mother's house, if Mother is
available, or to the babysitter's house, if Mother is working. C~
4:00
b. During the school year, every other weekend from Fridaay at 5e~p.m.
through Monday at 8:45 a.m. when she will be dropped off at school L1) ~
y.va
During the summer, every other weekend from Friday at `~p.m.
through Monday at 8:30 a.m., when she will be dropped off at Mother's
house, if Mother is available, or to the babysitter's house, 'if Mother is
working.
-•
4. Vacation Time. Each party shall be entitled to have one week vacation with
the child during summer vacation from school. A week shall consist of six overnights.
The requesting parent shall give the other parent 30 days advance notice of the
requested time and this vacation week shall supersede the regular physical custody
schedule. In the event the parties schedule conflicting vacations, the party first
providing notice shall have the choice of vacation. Prior to departure, the parties will
provide each other with information regarding the intended vacation destination,
address, basic itinerary, and a telephone number at which they can be reached during
their vacation.
The other parent may have reasonable telephone contact with the child during
vacation or~periods of physical custody. Reasonable telephone contact~shall mean a
reini~er~ of two telephone per day.
M w(~ M., rn cps.
5. Leaving the State. Either party may take the child out of state (but within the
country) during a period of their physical custody, for vacation purposes, provided
fourteen (14) days advance notice is given to the other party prior to departure. Prior
to departure, the party leaving will provide the other party with information regarding the
intended destination, address, basic itinerary and a telephone number alt which they
can be reached. No notice need be given by either party regarding day or weekend
trips out of state with the child during their period of physical custody.
6. Leaving the Country Either party may take the child out of the country,
during a period of their physical custody, provided the party gives thirty (30) days notice
and the other party consents in writing. Such consent shall not be unreasonably
withheld. .Each party must sign for the child's p~ssport~e--be-obtetrsed. Prior to
departure, the party leaving will provide the other party with information regarding the
intended destination, address, basic itinerary and a telephone number at which they
can be reached.
7. H to idays.
a. Mother's Day. Mother shall always have the child on the day before
Mother's Day at 5:00 p.m. through Mother's Day at 5:00 p.m.
b. Father's Day. Father shall always have the child on the day before
Father's Day at 5:00 p.m. through Father's Day at 5:00 p.m.
c. Thanksgiving. Mother shall have the child on Thanksgiving Day from
9:00 a.m. through 3:00 p.m. Father shall have the child on Thanksgiving
Day from 3:00 p.m. through 9:00 p.m.
d. Christmas. Mother shall have the child from 1:00 p.m. on Christmas
Eve until 1:00 p.m. on Christmas Day. Father shall have the child from
1:00 p.m. on Christmas Day until 1:00 p.m. on December 26'".
_,
e. New Years. The New Years holiday shall be alternated by the parties
and shall be defined as the period from December 30'" at 5:00 p.m.
through January 1'' at 5:00 p.m. Father shall have this period beginning
on December 30~', 2009 and every other year thereafter. Mother shall '
have this period beginning on December 30~', 2010 and every other year
thereafter.
8. Te~ahone Contact: The nod-custodial parent may have liberal telephone
contact with the Child on a reasonable basis. Reasonable telephone contact shall
mean a~ G~ of t ~ Its r
9. Dispar~,sitg marks: Neither party may say or do anything nor permit a
third party to do or say anything that may estrange the Child from the other party, or
injure the opinion of the Child as to the other party, a' may hamper the free and natural
development of the Child's love or affection for the other party. To the extent possible,
both parties shall not allow third parties to disparage the other parent in the presence of
the Child. Neither party shall discuss custodial litigation details with the chidd.
10. Medical Emer„ eQ ncv_: In the event of a medical emergency, the party with
physical custody at the time may make emergency decisions and then notify the other
party as soon as possible after the emergency is handled.
11. Transaortation. The parties shall share transportation for the exchanges.
12. Best Interest of the Child The parties understand that in making an order
for custody, the court shall consider the best interest of the child, which may include any
factor which impacts the child's physical, psychological, intellectual, and emotional well-
being. Such factors may include but are not limited to: the age of the child, the child's
relationship with each parent, the preference of the child, (if old enough~to express a
meaningful preference), the duration, adequacy and stability of the child's current living
arrangements, the motive of each parent, the child's school and community, the
openness of each parent to allow and encourage frequent and continuing contact
between the child and the other parent, including physical access, and the capacity of
each parent to cooperate with each other and teachers or child care providers.
One thing that was considered was the fact that the parties have been observing
the proposed custody schedule for a period of 5 years, seven months, and the
beneficial effect of maintaining stability and continuity in the child's schedule and
regular consistent contact with both parents.
In addition, the parties have considered all of the above factors, and have
attempted to craft a custody agreement which provides for the best interest of the child
or children. The parties understand that while this matter could be heard by the Court,
they are not requesting a hearing or court intervention on this matter, at this time, as
they have been able to reach an agreement beneficial to the child or children, and it is
in the best interest of the chidd or children and the parties to resolve this matter without
litigation and with minimal conflict.
13. Jurisdiction. This agreement is governed by the laws of Pennsylvania
~'
14. Modification. This Order is entered pursuant to an agreement of the parties.
The parties may modify the provisions of this Order by mutual consent. In the absence
of mutual consent, the terms of this agreement and Order shall control.
WITNESSETH:
(~ctST~.
' ess
Witness
Monica Lauver, Mother ""-
-7/ ~ 3/ p9
Date:
Date: ~f ~~ 3 e ~'
JUN 5'010
CHRISTOPHER D. LAUVER IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
:,No. 09-2745 Civil Tenor
MONICA LAUVER
Defendant :ACTION 1N CUSTODY
Prior Judge: Edgar B. Bayley, P.J.
COURT ORDER
AND NOW, this ~,~ day of June 2010, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. The prior Order of Court dated July 16, 2009 incorporating the stipulation entered
by the parties July 13, 2009 shall remain in full force a.~d effect with the
following additions and modifications:
2. This Order is entered pursuant to a Custod Conciliation Conference. A Custody
Hearing is hereby scheduled on the - '~~ day of February 2011 at
am/~ in Courtroom number _~ in the Cumberland County Court of
Common Pleas, Carlisle, PA 17013 at which time testimony will betaken in
regard to Mother's request to relocate to Chile and to determine the overall
physical custody for the subject Child.. For purposes of this hearing, the Mother
shall be deemed to be the moving party and shall proceed initially with testimony.
Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses
who will be expected to testify at the hearing and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least five days
prior to the hearing date.
3. The parties shall, and the parties have agreed to, have a custody evaluation by
Arnold Shienvold with Riegler Shienvold and Associates. Father has agreed to
initially forward the required money for the evaluation.
4. In regard to paragraph 6 of the Stipulation dated July 13, 2009, the following
sentence shall be added: "Once Chenelle's passport has been applied for, Father
shall retain possession of said passport absent written agreement otherwise or
further Order of Court."
5. N048rty to this action shall remove Chenelle Lauver born 02/04/2002. from
the United States without further Order of Court or express written
agreemendpermission of the parties
EXHIBIT
~ M
6. No party to this action, or any third-party, shall unduly influence Chenelle
regarding Mother and/or Child moving to Chile or custodial litigation matters.
7. The parties may modify this Order by mutual agreement in writing. In the
absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
Distribution:
Kristin Reinhold, Esq., 5922 Linglestown Rd., Harrisburg, PA 17112
Nathan Wolf, Esq.
John J. Mangan, Esq.
ntu~ comer FROn~ ~~cc~o
~'~ "°-"~"~t'~r.of~ #~. umo..e na- hey
~_ G2i~4J ~l
c~~
o.
CHRISTOPHER D. LAUVER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V• 2009-2745 CIVIL ACTION LAW
MONICA A. LAUVER IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, August 02, 2010 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator,
at_ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 02, 2010 at 10:30 AM
for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR. THE COURT,
By: /s/ ohn .Man an r. Es
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET ~~
t~ ~ ::~
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. c_.. r:~
Cumberland County Bar Association ~ ~ ~'
g- 3 •t o C~~ ma;1~d -~a ~
~~ ((jam _ , ~~O`~ 32 South Bedford Street
~ ` "~ M~ Carlisle, Pennsylvania 17013 ^ W ~~~~
.~ Pr~yTelephone (717) 249-3166 ~ ~ ~_'
s~• 2.10 /~.7CS1~C1t... <Y~~`~ O ' ~ -:
_~
FS - 3- l0 ~1 o~ced ~ n wl ctn •S ~i (~.-
o
i ~ ~ •
CHRISTOPHER D. LAUVER,
PLAINTIFF
V.
MONICA A. LAUVER,
DEFENDANT
AND NOW, this
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
09-2745 CIVIL TERM
ORDER OF COURT
~~ day of August, 2010, upon consideration of
plaintiffs petition for emergency relief and defendant's reply thereto, IT IS HEREBY
ORDERED AND DECREED pending further order of court that plaintiff, Christopher D.
Lauver, shall have sole legal and primary physical custody of the minor child, Chenelle
Lauver, born February 4, 2002. During such periods of time that defendant is living
outside of the United States, she is permitted to communicate electronically with the
child on a regular basis (e.g., via telephone, computer, skype or otherwise). Should
mother desire to have partial custody or visitation privileges with the child upon her
return from Chile, in the absence of an agreement of the parties, defendant may petition
this court for relief. The court refrains from directing the defendant to participate in
evaluation sessions with the court-appointed psychologist, Arnold Shienvold, Ph.D.;
however, the court notes that baring such participation, requests by the defendant for
visitation or partial custody will be greeted by the court warily.
By the Court,
;.~_
,~ ; , . ; ~ ~' ',,rl~
(~S':1 Lud b ~ o~oL° ~
~ ~ ~ ? ~ E ,:.. ~~,,~, ~~ ~ ,
°-~~\
Albert H. Masland, J.
~- ~in~+o~d,
~.~~~. _.
~Op;es ~:leal $f ~~iD
e,~
R
Kristin R. Reinhold, Esquire
For Plaintiff
Nathan C. Wolf, Esquire
For Defendant
:sal
SEP 13 LULU
CHRISTOPHER D. LAUVER IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 09-2745 Civil Term ,
MONICA A. LAUVER
Defendant : ACTION IN CUSTODY I : ` -- o m
Prior Judge: Albert H. Masland, J. ^
rn
COURT ORDER
ANDNOW, this 43 day of September 2010, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that:
This Order of Court supersedes and replaces all prior Orders entered under the
above captioned matter.
2. The Court hearing scheduled for February 04, 2011 at 8:45 am is hereby
CANCELLED by agreement of the parties. The various special relief, relocation
hearing and the contempt issues have been resolved and are hereby
WITHDRAWN by agreement.
3. During periods of time when Mother, Monica Lauver, resides outside of the
United States, Father, Christopher Lauver, shall have sole legal and primary
physical custody of the minor Child, Chenelle Lauver, born 02/04/2002. Mother
shall be informed and be provided with updates in regard to the Child's well-
being. Mother shall have the right to electronically communicate (e.g. via
telephone, computer, skype or otherwise) with the Child Mondays and
Wednesdays at 8:00 pm as well as Friday or Saturday by agreement of the parties.
If Mother does not relocate back to the United States, Mother shall have visitation
with the Child here in this jurisdiction by giving Father at least one week of
advance notice and shall not travel with the Child more than fifty (50) miles from
Carlisle, PA. Furthermore, if Mother does not relocate to Florida by Christmas
2010, Mother shall be entitled to custody for a period of six (6) days around
Christmas, either starting the day after school lets out or six days prior to school
starting again. It is specifically directed that this Christmas period occur in the
United States either in this jurisdiction or by agreement at some appropriate
maternal relative's residence in Florida. The parent relinquishing custody shall
transport the Child to the receiving parent.
4. Legal custody: In the event Mother relocates back to the United States, The
Mother, Monica Lauver, and the Father, Christopher Lauver, shall have shared
legal custody of Chenelle Lauver, born 02/04/2002. The parties shall have an
equal right to make all major non-emergency decisions affecting the Child's
l..J`
general well-being including, but not limited to, all decisions regarding her health,
education and religion. In the event that Mother is not available to be consulted
with, the Father shall have the right to make medical and educational decisions on
Chenelle's behalf Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be
entitled to all records and information pertaining to the Child including, but not
limited to, medical, dental, religious or school records, the residence address of
the Child and of the other parent. To the extent one parent has possession of any
such records or information, that parent shall be required to share the same, or
copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
5. Physical Custody: In the event Mother relocates back to the United States
(specifically Florida), Father shall have primary physical custody of Chenelle
subject to Mother's partial physical custody as follows:
a. During the summertime, Father shall retain the Child for the first
five (5) days after school lets out, followed by Mother having
custody for four (4) weeks, then Father shall have eleven (11)
days, followed by Mother having custody for four (4) weeks and
then Father shall have custody the last five (5) days before school
begins. The relinquishing parent shall transport the Child to the
receiving parent.
b. Christmas:: Mother shall be entitled to custody for a period of six
(6) days around Christmas, either starting the day after school lets
out or the six days prior to school starting again. The
relinquishing parent shall transport the Child to the receiving
parent.
C. Mother shall have periods of custody with the Child here in this
jurisdiction by giving Father at least one week of advance notice of
her requested time.
d. Mother shall have additional periods of custody as the parties may
agree.
6. In the event Mother relocates back to the United States, Mother shall have the
right to electronically communicate (e.g. via telephone, computer, skype or
otherwise) with the Child .Mondays and Wednesdays at 8:00 pm as well as Friday
or Saturday by agreement of the parties.
7. No party to this action shall remove Chenelle Lauver, born 02/04/2002, from
the United States without further Order of Court or express written
a$!reement/permission of the parties.
8. No party to this action, or any third-party, shall unduly influence Chenelle
regarding the instant custody litigation matters.
9. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party. To the extent possible, both
parties shall not allow third parties to disparage the other parent in the presence of
the Child.
10. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as possible after the emergency is handled
11. The parties may modify this Order by mutual agreement in writing. In the
absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
J.
-Di nib ion:
.stin Reinhold, Esq., 5922 Linglestown Rd., Harrisburg, PA 17112
han Wolf, Esq.
John J. Mangan, Esq.
?al " rY? c
a113/1o
SFF I 010
CHRISTOPHER D. LAUVER
Plaintiff
V.
MONICA LAUVER
Defendant
Prior Judge: Albert H. Masland, J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-2745 Civil Term
ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the Child who is the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Chenelle Lauver 02/04/2002 Father
2. A Conciliation Conference was held on June 16, 2009, an Order issued July
02, 2009, a stipulated Order was issued July 16, 2009, a conference was held
June 10, 2010, an Order issued June 18, 2010, an Order issued August 06,
2010 and a conference was held September 02, 2010 with the following
individuals participating:
The Mother, Monica Lauver, via phone, and with her counsel, Nathan Wolf, Esq.
The Father, Christopher Lauver, with his counsel, Kristin Reinhold, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date: 1-
John J. , Esquire
o iliator
Custody C
( 1/1 7
CHRISTOPHER D. LAUVER
Plaintiff
V.
MONICA A. LAUVER
Defendant
Prior Judge: Albert H. Masland, J.
IN THE COURT
CUMBERLAND
No. 09-2745
: ACTION IN CUS
COURT ORDER
AND NOW, this day of November 2010, upon
attached Custody Conciliation Report, it is ordered and directed
1. This Order of Court supersedes and replaces all prior
above captioned matter.
2. During periods of time when Mother, Monica Lauver, resin
United States, Father, Christopher Lauver, shall have sole
physical custody of the minor Child, Chenelle Lauver, bon
shall be informed and be provided with updates in regard t
being. Mother shall have the right to electronically commi
telephone, computer, skype or otherwise) with the Child N
Wednesdays at 8:00 pm as well as Friday or Saturday by a
If Mother does not relocate back to the United States, Mot
with the Child here in this jurisdiction by giving Father at
advance notice and shall not travel with the Child more th,
Carlisle, PA. It is specifically directed that all of Mother'
occur in the United States either in this jurisdiction or as o
3. Legal custody: In the event Mother relocates back to the L
Mother, Monica Lauver, and the Father, Christopher Lauv(
legal custody of Chenelle Lauver, born 02/04/2002. The p
equal right to make all major non-emergency decisions aff
general well-beingincluding, but not limited to, all decisio
education and religion. In the event that Mother is not ava
with, the Father shall have the right to make medical and e
Chenelle's behalf. Pursuant to the terms of 23 Pa.C.S. §53
entitled to all records and information pertaining to the Ch
limited to, medical, dental, religious or school records, the
the Child' and of the other parent. To the extent one parent
such records or information, that parent shall be required t,
copies thereof, with the other parent within such reasonabl
NOV 0 4 2010
COMMON PLEAS
LINTY, PENNSYLVANIA
Term
)Y z
C'
5
.,
;ideration of the r
entered under the
z?s outside of the
,gal and primary
02/04/2002. Mother
the Child's well-
iicate (e.g. via
)ndays and
reement'of the parties.
er shall have visitation
rast thirty (30) days of
i fifty (50) miles from
custodial periods
tlined below.
nited States, The
r, shall have shared
irties shall have an
cting the Child's
is regarding her health,
lable to be consulted
iucational decisions on
09, each parent shall be
Id including, but not
residence address of
has possession of any
share the same, or
time as to make the
records and information of reasonable use to the other
5. Physical Custody: In the event Mother relocates back to the
(specifically Florida), Father shall have primary physical cu
subject to Mother's partial physical custody as follows:
a. Even if Mother does not relocate to the Unite
have custody of Chenelle here in this jurisdic
October 29, 2010 at 5:00 pm until Monday 1,
bringing Chenelle to school and then from Fi
2010 at 5:00 pm until Monday November 08
The parties shall exchange custody at the agi
the designated dates and times.
b. Whether or not Mother relocates to the Unite
Thanksgiving 2010, and in all even years, M
custody for six days over the Thanksgiving t
maternal relatives and Mother. In 2010, this
11.24 until 11/29. The relinquishing parent
transportation to the receiving parent. (Each
way).
C. In regard to Mother's custodial periods in the
Mother's "off' year, Mother shall be entitlec
long weekend from Friday 5:00 pm until Mc
spring and fall as long as said custodial peric
with school. Mother shall give Father at lea;
notice of the requested weekend.
d. During Christmas 2010 and in all even years
custody the first six overnights !Chenelle is o
12,/23 until 12/29. It is understood that this c
occur in Florida. In odd years, Mother shall
Chenelle the last six overnights for the break
01 /02. The relinquishing parent shall pay fo
costs. (Each parent pays for one way).
e. In all odd years, Mother shall have custody c
spring break, from the day after school is let
before school begins. This custodial period
Mother shall pay for the round trip and Fath
escort fee.
f During the summertime, Father shall retain t
five (5) days after school lets out, followed l
custody for four (4) weeks, then Father shall
days, followed by Mother having custody fo
then Father shall have custody the last five (
begins. The relinquishing parent shall trans]
receiving parent. (Each pays one way). Thi:
be in Florida.
United States
todv of Chenelle
d States, Mother shall
tion from Friday
ovember 01, 2010
iday November 05,
2010 at 6:30 pm.
-ed upon Wal-Mart at
States, during
:her shall have
,ak in Florida with
eriod shall run from
all pay for the
arent pays for one
fall and spring, in
to have custody for a
iday 6:30 pm in the
i does not interfere
`. thirty (30) days'
Mother shall have
T from school, from
ustodial period shall
lave custody of
from 12/27 until
the transportation
ring Chenelle's
it until the day
all occur in Florida.
shall pay for the
he Child for the first
iy Mother having
have eleven `(11)
r four (4) weeks and
>) days before school
)ort the Child to the
, custodial period shall
g. Mother shall be entitled to physical custodial time here in this
jurisdiction on Mother's Day from Saturday :00 pm until Sunday
6:00 pm.
h. Mother shall be entitled to physical custodial time here in this
jurisdiction on Chenelle's birthday from 6:0 pm until 8:00 pm.
i. Mother shall have periods of custody with th Child here in this
jurisdiction by giving Father at least thirty (30) days' advance
notice of her requested time.
j. Mother has agreed that during her custodial periods here in this
jurisdiction, Chenelle's aunt Ximena shall n t spend extended
periods of time, including overnights, with henelle. In the event
Ximena does intend on staying at the same residence as where
Chenelle and her Mother would be staying, other shall rent a
hotel room for her custodial periods with Ch nelle.
6. In the event that Chenelle is spending overnights not in the rimary residence of
either parent, the other parent shall be notified. It is intended that each parent will
be reasonable in regard to this; i.e. if Chenelle is spending overnight with one
of her friends, it is not reasonable that one parent should be Court Ordered to
notify the other parent.
7. Mother shall have the right to electronically communicate (.g. via telephone,
computer, skype or otherwise) with the Child Mondays and Wednesdays at 8:00
pm as well as Friday or Saturday by agreement of the parties.
8. No tarty to this action shall remove Chenelle Lauvc
the United States without further Order of Court of
agreement/permission of the parties.
9. No party to this action, or any third-party, shall unduly
regarding the instant custody litigation matters.
10. Neither party may say or do anything nor permit a third pa
anything that may estrange the Child from the other party,
the Child as to the other party, or may hamper the free and
the Child's love or affection for the other party. To the ex
parties shall not allow third parties to disparage the other p
the Child.
11. In the event of a medical emergency, the custodial party sh
parties as soon as possible after the emergency is handled.
written
Chenelle
to do or say
injure the opinion of
tural development of
it possible, both
;nt in the presence of
notify the other
12. The parties may modify this Order by mutual agreement in wvriting. In the
absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
J.
_Pistribution:
Kristin Reinhold, Esq., 5922 Linglestown Rd., Harrisburg, PA 171
,/Nathan Wolf, Esq. - C'oQu76°.-L(L'/ g I`vEJ
,ohn J. Mangan, Esq.
2
CHRISTOPHER D. LAUVER
Plaintiff
V.
MONICA LAUVER
Defendant
Prior Judge: Albert H. Masland, J.
: IN THE COURT O COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 09-2745 Civil Term
ACTION IN CUST DY
IN ACCORDANCE WITH THE CUMBERLAND COUN Y CIVIL RULE OF
PROCEDURE 1915.3-81;B), the undersigned Custody Conciliator ubmits the following
report:
1. The pertinent information pertaining to the Child who i
litigation is as follows:
Name Date of Birth Curren
Chenelle Lauver 02/04/2002 Father
the subject of this
in the Custody of
2. A Conciliation Conference was held on June 16, 2009, an Order issued July
02, 2009, a stipulated Order was issued July 16, 2009, conference was held
June 1`0, 2010, an Order issued June 18, 2010, an Orde issued August 06,
2010, a conference was held September 02, 2010, an Order issued September
13, 2010 and a conference was held October 19, 2010 ith the following
individuals participating:
The Mother, Monica Lauver, via phone, and with her counsel, Nathan Wolf, Esq.
The Father, Christopher Lauver, with his counsel, Kristin Reinhold, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date: --
John . Maj(gan, Esquire
CHRISTOPHER D. LAUVER
Plaintiff
V.
MONICA A. LAUVER
Defendant
Prior Judge: Albert H. Masland, J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
C ?
No. 09-2745 Civil Term
rr,
.M
ACTION IN CUSTODY -Tn
=C? :
c ra
C)
COURT ORDER
AND NOW, this 6Pe__-1 day of May 2011, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
This Order of Court supersedes and replaces all prior Orders entered under the
above captioned matter.
2. Legal custody: As long as Mother continues to remain residing in the United
States, the Mother, Monica Lauver, and the Father, Christopher Lauver, shall have
shared legal custody of Chenelle Lauver, born 02/04/2002. The parties shall have
an equal right to make all major non-emergency decisions affecting the Child's
general well-being including, but not limited to, all decisions regarding her health,
education and religion. In the event that Mother is not available to be consulted
with, the Father shall have the right to make medical and educational decisions on
Chenelle's behalf. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be
entitled to all records and information pertaining to the Child including, but not
limited to, medical, dental, religious or school records, the residence address of
the Child and of the other parent. To the extent one parent has possession of any
such records or information, that parent shall be required to share the same, or
copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
3. Physical Custody: Father shall have primary physical custody of Chenelle
subject to Mother's partial physical custody as follows:
a. Commencing Thanksgiving 2010, and in all even years, Mother
shall have custody for six days over the Thanksgiving break in
Florida. In 2010, this period shall run from 11/24 until 11/29. The
relinquishing parent shall pay for the transportation to the
receiving parent. (Each parent pays for one way).
b. In regard to Mother's custodial periods in the fall and spring, in
Mother's "off' year, Mother shall be entitled to have custody for a
long weekend from Friday 5:00 pm until Monday 6:30 pm in the
spring and fall as long as said custodial period does not interfere
with school. (In other words, in even years when Mother has
rn
_0rn
;0
G'°
4
C) ?4
?h
63
Thanksgiving break, Mother shall have a full weekend between
Christmas and summer break and in odd years when Mother has
the spring break, she shall have a full weekend between end of
summer break and Christmas). Mother shall give Father at least
thirty (30) days' notice of the requested weekend.
C. During Christmas 2010 and in all even years, Mother shall have
custody the first six overnights Chenelle is off from school, from
12/23 until 12/29. It is understood that this custodial period shall
occur in Florida. In odd years, Mother shall have custody of
Chenelle the last six overnights for the break from 12/27 until
01/02. The relinquishing parent shall pay for the transportation
costs. (Each parent pays for one way).
d. In all odd years, Mother shall have custody during Chenelle's
spring break, from the day after school is let out until the day
before school begins. This custodial period shall occur in Florida.
The relinquishing parent shall pay for the transportation to the
receiving parent.
e. During the summertime, Father shall retain the Child for the first
five (5) days after school lets out, followed by Mother having
custody for four (4) weeks, then Father shall have eleven (11)
days, followed by Mother having custody for four (4) weeks and
then Father shall have custody the last five (5) days before school
begins. The relinquishing parent shall transport the Child to the
receiving parent. (Each pays one way). This custodial period shall
be in Florida.
f. Mother shall be entitled to physical custodial time here in this
jurisdiction on Mother's Day from Saturday 6:00 pm until Sunday
6:00 pm.
g. Mother shall be entitled to physical custodial time here in this
jurisdiction on Chenelle's birthday from 6:00 pm until 8:00 pm.
h. Mother shall additional periods of time with Chenelle either in this
jurisdiction or at her residence as the parties may mutually agree.
i. Mother has agreed that during her custodial periods here in this
jurisdiction, Chenelle's aunt Ximena shall not spend extended
periods of time, including overnights, with Chenelle. In the event
Ximena does intend on staying at the same residence as where
Chenelle and her Mother would be staying, Mother shall rent a
hotel room for her custodial periods with Chenelle.
4. In the event that Chenelle is spending overnights not in the primary residence of
either parent, the other parent shall be notified. It is intended that each parent will
be reasonable in regard to this; i.e. if Chenelle is spending an overnight with one
of her friends, it is not reasonable that one parent should be Court Ordered to
notify the other parent.
5. Mother shall have the right to reasonable electronic communication (e.g. via
telephone, computer, skype or otherwise) with the Child Mondays and
Wednesdays at 8:00 pm as well as Friday or Saturday by agreement of the parties.
6. No party to this action shall remove Chenelle Lauver, born 02/04/2002, from
the United States without further Order of Court or express written
apareement/permission of the parties.
7. No party to this action, or any third-party, shall unduly influence Chenelle
regarding the instant custody litigation matters.
Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party. To the extent possible, both
parties shall not allow third parties to disparage the other parent in the presence of
the Child.
9. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as possible after the emergency is handled.
10. The parties may modify this Order by mutual agreement in writing. In the
absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
Distribution:
Kristin Reinhold, Esq., 5922 Linglestown Rd., Harrisburg, PA 17112
v Monica Lauver, 5313 Archstone Dr., Apt. 203, Tampa, FL 33634
v John J. Mangan, Esq.
oop? I"`
'1"411
p06
CHRISTOPHER D. LAUVER IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
MONICA LAUVER
: No. 09-2745 Civil Term
Defendant : ACTION IN CUSTODY
Prior Judge: Albert H. Masland, J.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the Child who is the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Chenelle Lauver 02/04/2002 Primary Father
2. A Conciliation Conference was held on June 16, 2009, an Order issued July
02, 2009, a stipulated Order was issued July 16, 2009, a conference was held
June 10, 2010, an Order issued June 18, 2010, an Order issued August 06,
2010, a conference was held September 02, 2010, an Order issued September
13, 2010, a conference was held October 19, 2010, an Order issued November
04, 2010 and a telephone conference was held with the following individuals
participating:
The Mother, Monica Lauver, via phone, self-represented party
The Father, Christopher Lauver, with his counsel, Kristin Reinhold, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
--?/
Date: 511'&1-11
John J gan, Esquire
Custody onciliator
CHRISTOPHER D.LAUVER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA -,
v. NO: 09-2745 m
2 VO -M
MONICA A. LAUVER, ACTION IN CUSTODY <� (n o�
Defendant cQ o
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STIPULATION REGARDING CUSTODY 5-5i
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THIS AGREEMENT is made this 25'h day of April, 2013, by and between MONICA A.
LAUVER, now known as MONICA A. ADAMS (hereinafter referred to as "Mother") an adult
individual residing at 809 Butler Drive, Middletown, Dauphin County, Pennsylvania, 17057, and
CHRISTOPHER D.LAUVER,(hereinafter referred to as"Father")an adult individual residing at 46
Warwick Circle,Mechanicsburg, Cumberland County, Pennsylvania 17050.
WITNESSETH
WHEREAS,Mother and Father are the natural parents of one(1)minor child,CHENELLE
LAUVER, born February 4, 2002;
WHEREAS, the parties desire to mutually agree to a modification of the last of Order of
Custody entered in this action on May 24,2011;
WHEREAS,the parties have mutually agreed upon the terms of modification and desire to
incorporate same into a revised Order of Court;
NOW THEREFORE,the parties intending to be legally bound, do agree as follows:
A. Legal Custody: It is in the best interest of the minor child for the continuation of
shared legal custody of the minor child. The parties agree that major decisions
concerning the child's health, welfare, education,religious training and upbringing
shall be made by the parents jointly, after discussion and consultation with each
other,with a view towards obtaining and following a harmonious policy to arrive at a
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decision that is in the child's best interest. Each parry agrees to keep the other
informed of the progress of the child's education and social adjustments. Each parry
agrees not to impair the other parties' right to share legal custody of the child.
Further,each parry agrees to give support to one another in the role as parents and to
take into account the consensus of the other parent for the physical and emotional
well being of the child. The parties agree not to either attempt or alienate the
affections of the child for the other parent. Each party shall notify the other of any
activity that could reasonably be expected to be of significant concern to the other.
The parties agree that the child will be encouraged to contact the other parent by
telephone and e-mail at all reasonable times.
B. Physical Custody:
The parties shall share equally physical custody of their child as follows:
The parties shall alternate custody on a weekly basis with an exchange occurring each
Sunday at 8:00 P.M. It is further agreed that the noncustodial parent shall have one
(1) overnight with the child each week to be mutually agreed upon between the
parties based on the work travel schedules of the parties. However,it is the intention
that the overnight will be Thursday from after school,or if there is no school,at 5:00
P.M. overnight until Friday morning to school, or if there is no school, until 9:00
A.M. Mother and Father will have the equal right to communicate (e.g. via
telephone,computer,Sykpe,or Facetime)with Chenelle while in the custody of the
other parent,no less and no more than three(3)times a week for a maximum period
of thirty(30)minutes per contact.
C. Holidays: The parties shall share the major holidays in accordance with the
following plan:
1) Christmas: In all even years,Mother shall have custody the first five
(5)overnights Chenelle is off from school.Father shall have the remainder of
the Christmas School break. In all odd years, Father shall have custody of
Chenelle the first five (5) overnights Chenelle is off from school. Mother
shall have the remainder of the Christmas School break.
2) Thanksgiving. In even numbered years, Mother shall have from
Wednesday prior to Thanksgiving at 4:00 p.m. until 2:00 p.m. on
Thanksgiving Day.and Father shall have from 2:00 p.m. on Thanksgiving
Day until Friday at 5:00 p.m. This will reverse in odd numbered years and
Father shall have from Wednesday prior to Thanksgiving at 4:00 p.m. until
2:00 p.m. on Thanksgiving Day and Mother shall have from 2:00 p.m. on
Thanksgiving Day until Friday at 5:00 p.m.
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3) Mother's Day and Father's Day: Mother shall always have
Mother's Day and Father shall always have Father's Day. These holidays
shall be from Saturday before at 5:00 p.m.until Sunday the day of that
holiday at 8:00 p.m.
4) Chenelle's Birthday: The parent who does not have custody of
the child on her birthday shall be entitled to custodial time with her from
3:30 p.m. after school until 6:30 p.m. or if there is no school from 2:00
p.m. to 6:30 p.m.
All holidays shall take precedence over the regularly scheduled custodial periods.
D. Vacation: Mother and Father shall each have the right to have two (2) weeks of
vacation of vacation each year. Notice of this period of custody must be given to the
other parent at least twenty one (2 1) days before the requested period. Mother and
Father will have the equal right to choose to electronically communicate (e.g. via
telephone,computer,Skype or Facetime)with Chenelle three(3)times a week,while
she is with the custodial parent exercising this vacation period.
E. School District: The parties recognize that they reside in different school districts,
but they agree that the child shall remain in her current school district of Cumberland
Valley.
F. Travel and Passport: No party to this action shall remove Chenelle Lauver, born
02/04/2002,from the United States without further Order of Court or express written
agreement/permission of the parties.The parties shall cooperate to obtain a Passport
for Chenelle which will be kept by Father until needed.
G. Relocation:Relocation is defined as,any change in residence of the children,which
significantly impairs the ability of a non-relocating party to exercise custodial rights.
No relocation shall occur unless every other person with custodial rights consents or
the Court approves the proposed relocation The party seeking relocation must follow
the procedures required by 23 Pa.C.S. §5337 as set forth in Exhibit A attached to this
order. The party proposing relocation must notify every other individual who has
custody rights to the children.Notice must be given by certified mail/return receipt
requested sixty(60) days before relocation or within ten(10) days of the date party
knows of the relocation. The notice must include the following:
1) Address of the new residence;
2) Mailing address;
3) Names and ages of the individual(s)in the new residence;
4) Home telephone numbers of the new residence;
5) Name of the new school district;
6) Date of the proposed relocation;
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7) Reasons for the proposed relocation;
8) Proposal for a revised custody schedule;
9) Other information which the parry proposing relocation deems
appropriate;
10) Counter-affidavit which can be used to object to the proposed
relocation and modification of the existing custody Order;
11) Warning to the non-relocating parry that if an objection to the relocation is
not filed within thirty(30)days after receipt of the notice of the intention to
relocate, that parry shall be prohibited from objecting to the relocation.
The Court may draw a negative inference from a party's failure to provide notice
to a non-relocating parry. If an objection to the relocation is not filed within thirty
(30)days after receipt of the notice,but the non-relocating party later petitions
the Court for review of the custodial arrangements,the Court shall not accept
testimony challenging the relocation. If no objection is filed,the relocating party
shall file an affidavit confirming that proper notice was given to all parties,a
petition to confirm the relocation details and request that the Court modify the
existing Custody Order and a proposed Order.
H. Consideration of criminal conviction: The parties further warrant and affirm that
neither he or she, or any member of his or her household,has ever been convicted
of a crime identified in 23 Pa. C.S.A 5329. A copy of said statutory section,
including a list of which itemized offenses, is attached hereto as Exhibit B and
incorporated herein by reference.
I. Modification: The parties acknowledge that this agreement shall be entered by the
court as a court order. However,by mutual agreement of the parties,the terms of
this Agreement can be modified.
IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this
Agreement with the full knowledge that this Agreement shall be entered as a court order with the
same force and effect as if a full hearing on this matter has been held.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
WITNESSED:
MO AUVER
P"1111pr D. LAUVER
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COMMONWEALTH OF PENNSYLVANIA )
.__ / ) SS.
f�
COUNTY OF S�(�M ber'Zia 11 C )
Before me,the undersigned officer, a Notary Public in and for said Commonwealth and
County,personally appeared Monica A. Adams,who being duly affirmed according to law,
deposes and says that the facts and matter set forth in the within and foregoing Stipulation are
true and correct to the best of her knowledge, information and belief.
Affirmed and subscribed to before me this o!-D day of r <// ,2013.
COMMONWEALTH OF PENNSYLVANIA
OT Y LIC Notarial Seal
Em James Morton Jr.,Notary Public
My commission expires: 03/ Q�� (SEAL) spring Twp.,Cumberland County
mmission Expires March 30,2014
MEMBER,.PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA )
/ ) SS.
COUNTY OF Canberal7d )
Before me,the undersigned officer, a Notary Public in and for said Commonwealth and
County,personally appeared Christopher D. Lauver,who being duly affirmed according to law,
deposes and says that the facts and matter set forth in the within and foregoing Stipulation are
true and correct to the best of his knowledge, information and belief.
Armed and subscribed to before me this day of l/ , 2013.
COMMONWEALTH OF PENNSYLVANIA
N Y Pt6LIC Notarial Seat
My commission expires: 03/"10� (SEAL) Daniel James Morton Jr.,Notary Public
Silver spring Twp.,Cumberland County
My Commission Expires March 30,2014
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
5
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CHRISTOPHER D. LAUVER, : IN'THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO: 09-2745
MONICA A. LAUVER, ACTION IN CUSTODY
Defendant
ORDER ADOPTING STIPULATION OF PARTIES
AND NOW,to wit,this day of � � , 2013,upon consideration of
the attached Stipulation for Custody and on motion of Plaintiff, Christopher D.Lauver, and
Defendant, Monica A. Lauver, it is hereby ordered, adjudged and decreed that the terms,
conditions and provisions of the attached Stipulation for Custody are adopted as an Order of
Court.
BY THE COURT,
2
J.
'J'qstnbution:
plaintiff-Christopher D.Lauver,46 Warwick Circle,Mechanicsburg,PA 17050
,,,///Defendant—Monica A.Adams,809 Butler Drive,Middletown,PA 17057 c
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