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HomeMy WebLinkAbout09-8717I L LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Shanen Lesher SHANEN LESHER Plaintiff VS. MICHAEL LESHER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW :CUSTODY COMPLAINT FOR LEGAL AND PRIMARY PHYSICAL CUSTODY AND NOW, this day of December, 2009, comes the Plaintiff, Shanen Lesher, by her attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is Shanen Lesher, an adult individual, age eighteen (18) years, who currently residing at 312 S. Broad Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Michael Lesher, is an adult individual, age twenty-four (24) years, who currently resides at 20 West Market Street, Gratz, Dauphin County, Pennsylvania 17030, and has a mailing address of P.O. Box 219, Gratz, Pennsylvania 17030. 3. The Plaintiff and Defendant were married on March 9, 2009 in Gratz, Pennsylvania. 1 G 4. Plaintiff and Defendant are the natural parents of one child; namely, Austin Michael Lesher, born September 29, 2009 in Camp Hill, Pennsylvania. 5. Plaintiff and Defendant have been separated since September 11, 2009. 6. The minor child has resided with the Plaintiff, Shanen Lesher, since his birth at the above address. 7. The Defendant has had minimal contact with the minor child since his birth. 8. All contact between the Defendant and the minor child has occurred in the presence of the Plaintiff. 9. Plaintiff believes the best interest of the minor child that all contact between Defendant and the minor child occur in the mother's presence. 10. The Plaintiff is breast feeding the minor child. 11. The Defendant has informed the Plaintiff that he has papers indicating that he has been granted custody of the child and that he may pick up the child at any time. 12. Plaintiff has not been served with any documents and is unaware of any other proceedings in this matter. 2 13. The minor child had resided in Cumberland County, Pennsylvania since his birth. 14. The Court of Common Pleas of Cumberland County has jurisdiction in this matter. 15. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor child in this or any other Court. 16. The Plaintiff has no information of the custody proceedings concerning the child pending in a Court of this Commonwealth or any other state. 17. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 3 1" 1 i WHEREFORE, the Plaintiff, Shanen Lesher, respectfully prays your Honorable Court to grant her legal and primary physical. custody of the minor child, Austin Michael Lesher. Re B Date ? Z- (G --0 ") Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 4 I ) VERIFICATION COMPLAINT FOR LEGAL AND I verify that the statements made in this PRIMARY PHYSICAL CUSTODY are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. SHANEN LESHER Date: December 11, 2009 r • f.. 7 Y "J9 C!" I -'C ! 3 AN 11: 14 Cr n + 9 A. oo Pa A-MY ey,* ' qqo /34'7.2 e ass Q&5 r, SHANEN LESHER vs. MICHAEL LESHER MAY 10 2010 S IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2009-8717 CIVIL ACTION LAW ~' Q ~ Defendant IN CUSTODY ~ - r s ORDER OF COURT x" c~ ac AND NOW, this ~~tday of j~~ 2010, consideration of the attached Custody Conciliation Report, it is or red and directed as follows: ~: upon 1. The prior Order of this Court dated February 1, 2010 shall continue in effect as modified by this Order. 2. Paragraph 3 of the February 1, 2010 Order is vacated and replaced with the following: The Father shall have periods of custody with the Child beginning Wednesday, May 12, 2010 on every Wednesday and every Saturday from 1:00 p.m. until 3:00 p.m., during which the Mother shall be present at the location but not in the immediate vicinity where the Father and Child are spending time together. For these periods of custody, the parties shall meet at the front door of the Mechanicsburg Public Library, although the parties may decide by agreement to have the period of custody at another public place. 3. In the event the Father is unable to exercise a period of custody under this Order due to unavoidable circumstances, the Father shall provide at least 24 hours advance notice to the Mother. 4. The Father shall have custody of the Child on Father's Day from. 1:00 p.m. until 3:00 p.m., with the Mother present in the general area but not in the immediate vicinity. The parties shall meet at the Mechanicsburg Public Library at the beginning of the period of custody. 5. During periods of custody with the Child, neither party shall smoke cigarettes, use illegal drugs, or consume alcohol. Both parties shall ensure that third parties having contact with the Child comply with this provision. 6. In the event the Father fails to exercise more than two periods of custody under this Order without reasonable justification, the custody schedule shall automatically terminate, unless otherwise agreed between the parties, and the Father shall thereafter have periods of custody with the Child as arranged by agreement between the parties. In that event, the Mother shall not unreasonably withhold her agreement to arranging periods of contact between the Father and the Child. In the event there is a dispute as to whether the Father had reasonable justification for missing more than two periods of custody, the Father may file a Petition to reinstate or establish a custodial schedule or to gradually increase the schedule after a substantial period of compliance. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Albert H. Masland J. cc: J - 1}fane M. Dils, Esquire Counsel for Mother ./Jessica Holst, Esquire -Counsel for Father ~:O~~t~ES mat ~~ s/~z~~~ ~r~ SHANEN LESHER vs. MICHAEL LESHER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2009-8717 CIVIL ACTION LAW Defendant IN CUSTODY Prior Judge: Albert H. Masland CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Austin Michael Lesher September 26, 2009 Mother 2. A custody conciliation conference was held on May 5, 2010, with the following individuals in attendance: the Mother, Shanen Lesher, with her counsel, Diane M. Dils, Esquire, and the Father, Michael Lesher, with his counsel, Jessica Holst, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire ~ Custody Conciliator S SHANEN LESHER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLNAW c) c C -?,-X VS. : NO. 2009-8717 Civil Action M CD cn i ?? . .;, ,.n r- r n MICHAEL LESHER : CIVIL ACTION - LAW rv cD 7 Defendant :CUSTODY CZ1 -a ORDER OF COURT -I Cn ...,. 1 J' ?M ... n id f 2 11 , eration AND NOW, on thi upon co s s day o of the within Stipulation and Agreement, it is hereby ordered the terms of said Stipulation and Agreement are incorporated herein and made a part hereof by reference. BY THE COURT: Distribution: ? Diane M. Dils, Esquire, 1400 North Second Street, Harrisburg, PA 17102 ? Michael Lesher, 2023 E. Grand Avenue, Tower City, Pa. 17980 ?0? d 91"lyd?