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HomeMy WebLinkAbout01-6994 'I DAVID E. LENHART, SR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- ft; '191 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE BARBARA J. LENHART, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 II DAVID E. LENHART, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- wC;CJ,/ CIVIL ACTION-LAW IN DIVORCE CIVIL TERM BARBARA J. LENHART, Defendant COMPLAINT UNDER SECTIONS 3301 (C) AND 3301(0) OF THE DIVORCE CODE 1. Plaintiff is David E. Lenhart, Sr., an adult individual who currently resides at 325 South Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Barbara J. Lenhart, an adult individual who currently resides at 5216 Royal Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 16, 1997, in York, Pennsylvania. COUNT I - DIVORCE UNDER SECTIONS 3301 (c) AND 3301 (d) OF THE DIVORCE CODE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. " 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT 11- CUSTODY 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. Plaintiff is David E. Lenhart, Sr., an adult individual who currently resides at 325 South Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 12. Defendant is Barbara J. Lenhart, an adult individual who currently resides at 5216 Royal Drive, Mechanicsburg, Cumberland County, Pennsylvania. 13. Plaintiff seeks custody of David Eugene Lenhart, Jr., born June 19, 1996. David was born while the parties were married. The child is presently in the custody of the Defendant. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Defendant and Carl Murphy, Grandfather Violet Murphy, Grandmother Dean Murphy, Uncle 5216 Royal Drive Mechanicsburg, PA 9/2001-present " Defendant York Haven 6/2001-9/2001 Defendant and Carl Murphy, Grandfather Violet Murphy, Grandmother Dean Murphy, Uncle 5216 Royal Drive Mechanicsburg, PA 3/2001-6/2001 Defendant and her boyfriend Mifflintown, PA 1/2001-3/2001 Defendant and Carl Murphy, Grandfather Violet Murphy, Grandmother Dean Murphy, Uncle 5216 Royal Drive Mechanicsburg, PA 9/2000-11/2000 Defendant Mifflintown, PA 12/1999-9/2000 Plaintiff and Defendant Dillsburg, PA and Franklintown, PA birth to 12/1999 The natural father of the child is David E. Lenhart, Sr., currently residing at 325 South Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. He is married to the Defendant. The natural mother of the child is Barbara J. Lenhart. 14. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Names Relationship Lisa Shannon Girlfriend 15. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: Names Relationship Carl Murphy Violet Murphy Dean Murphy Grandfather Grandmother Uncle i' 16. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 17. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Mother has moved several times since the parties separation and had brief relationships with various men which has disrupted her child. (b) The Mother has threatened that she was going to take her life by driving her car into a tree. As a result of this breakdown she was hospitalized. Within the past month, she again stated to the Plaintiff that she was on the verge of a breakdown. (c) The Father has a stable relationship with Lisa Shannon and they are capable of caring for David. Due to the Mother's work schedule the child spends little time with her. Most of his waking hours are spent with his Grandmother or in school. Father wants to be accommodating to permit "frequent and continuing contact and physical contact" between David and his Mother. 23 PA C.S.A. 5303 (a). 18. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named /I as parties 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. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ~~A\U _ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/clientsllen hart/custody. com II VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ~r~~_ David E. Lenhart, Sr. Date: ,:JIlt /11 ~~ ~~ ~ ~ q..::, -- ~ 81~ ~ '0"~ ~(;,~ F 'oi;: 5:f ~ u ><,"",", n c:, .;;~, q - ~'" 'iA "'0 IT 'n Q)I-r ~{'; C,) ~". % ~2: ':.;:: );:~ ~ ."') ;; ,,-' ...<. @ ".. ,,',': . >""':;!.m:;fi.k:c';I:, . ;1;Hi~jijl"'\""'~' DAVID E. LENHART, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 01-6994 CIVIL ACTION LAW BARBARA J. LENHART DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, December 21, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courtbouse, Carlisle on Wednesday, January 23, 2002 at 10:30 AM 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court herehy 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/ Jacqueline M. Verney, Esq.pA 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . 3]OS)A~(7 ~ \"i' --r:>~JE5)d hdOZ) ---fE:f'<l or ']4 ~ 1S\U..I~Jt<<Y ~ wfl, 0 hrtt:t ~ --:rT~'-V AdOU~ -IQ( re/"t f \f1N'<tA",^SNN3d JJNnOCl al'lIflH38~li::l \ 0;; :E \ld I G 33010 ^'tN10NOlllOdd.,.Jrll :l0 38B:lQ--Cb \i:! I v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.2001-1o<iq,,-\ CIVIL TERM DAVID E. LENHART, SR., Plaintiff BARARA J. LENHART, Defendant DEFENDANT'S RESPONSE TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Plaintiff and Defendant were married on August 16, 1997 in Dillsburg, Pennsylvania. 5. Denied to the extent stated above. 6. Denied. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied to the extent stated above. 11. Admitted. 12. Admitted. 13. Admitted in part; denied in part; Plaintiff and Defendant were not married at the time of David Eugene Lenhart Jr's birth. 14. Admitted in part and denied in part. During the past five years, the child has resided with the following persons at the following addresses: Persons Barbara Lenhart, Carl Murphy, Carl Murphy, Grandfather, Violet Murphy, Grandmother, Dean Murphy, Uncle. Residences 5216 Royal Drive Mechanicsburg, Pa. Dates 8/2001 - present Barbara Lenhart York Haven, Pa. 8/2000 - 6/2001 Barbara Lenhart Mifflintown, Pa. 1/2000 - 8/2000 David Lenhart, Sr. and Barbara Lenhart Dillsburg and Franklintown, Pa. Birth - 1/2000. 14. Admitted to the extent of Defendant's knowledge. 15. Admitted. 16. Admitted. 17. Denied. (a) Mother has not had brief relationships with various men that disrupted her child. Mother has never lived with any unrelated man other than Plaintiff since the birth of the child. Father is currently living with a paramour. (b) Denied. Mother never stated that she was on the verge of a breakdown. Mother did not threaten to take her life by driving a car into a tree. Mother was hospitalized for a viral infection and dehydration. (c) Denied. Mother's work schedule allows her to work four days a week from 2 pm through 12 pm. She is available to spend three full days with the child and 8am through 1 pm with the child on the remaining four days. (d) The best interest and permanent welfare of the child will be served by granting primary custody to mother because: she has been the primary caretaker of the child since birth, has spent the most time with the child since birth and she is best suited to provide for the child's needs due to her flexible work schedule and extensive family support in the area. 18. Admitted. Respectfully submitted, Date: I '~d-.' o~ an Adams, Esquire .0. No. 79465 1 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT >- ..::t- ~ :'f lr. /-00 lIJQ - 8f ()I~~ :z:- a;: ",' ~~~j !,-,> a.. /J~ 1'-,_,: "'-J OJ. s:! C" 5<1) c:)! N ,.< '- ~. i1::ijJ ~- ',-U ....:c 200.: -, '" u,.. '" d C) 0 JAN 2 3 2002 ~ DAVID E. LENHART, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CDeW\ : NO. 2001-6944 CIVIL TERM BARBARA J. LENHART, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2'1 I~ day of :r z.n u 2J ., ,2002, upon consideration of the attached Custody Conciliation Report~ it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. I , of the Cumberland County Court House, on the 8-.tL daYOf~.1 '; -' ,2002, at 9? 3~ o'clock, iL... M., at which time testimony wil be taken. For purposes ofthis 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 ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, David E. Lenhart, Sr., and the Mother, Barbara J. Lenhart shall have shared legal custody of David Eugene Lenhart, Jr., born June 19, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 4. Father and Mother shall have shared physical custody on a week on/week off basis. Transfer of custody shall take place on Sunday at 5:00 p.m. Father shall have physical custody beginning Wednesday, January 23, 2002 at 5:00 p.m. until Sunday, January 27,2002 at 5:00 p.m. when Mother shall begin her week of physical custody of the child. Thereafter the parties shall share physical custody of the child on a week on/week off basis. S. The child shall continue to attend his present school until the end of the school year. 6. Transportation shall be shared such that the receiving party will transport the child, unless otherwise agreed by the parties. Notwithstanding the above, Father shall transport the child to and from school during his weeks of physical custody. 7. In the event that the custodial parent is in need of babysitting services for longer than three hours during their period of physical custody, the custodial parent shall contact the non-custodial parent within a reasonable time to offer said babysitting opportunity to the non-custodial parent before arranging for a third party to care for the child. 8. Neither party shall permit the child to be in the presence of firearms while the child is in their care. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, tI/~ ~r::()'Brien, Esquire, counsel for Father ...> /i:I.l1e Adams, Esquire, counsel for Mother L~ 0/-30-0). ~ 'YJ*-d /jd 'l/tJ,;/ /1.A; DAVID E. LENHART, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW BARBARA J. LENHART, Defendant : NO. 2001-6994 CIVIL TERM : IN CUSTODY PRIOR JUDGE: None 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 David Eugene Lenhart, Jr. 6/19/96 Mother 2. A Conciliation Conference was held January 23, 2002 with the following individuals in attendance: The Father, David E. Lenhart, Sr., with his counsel, Robert L. O'Brien, Esquire, and the Mother, Barbara J. Lenhart, with her counsel, Jane Adams, Esquire. 3. The parties had an informal agreement whereby Mother had primary physical custody and Father had alternating weekends and shared holidays. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father maintains that Mother has moved six times in the last two years and has created an unstable environment for the child. Presently the child is attending Mechanicsburg school district kindergarten. At the beginning of the school year Mother was living with her parents in Mechanicsburg. She is presently living in DilIsburg but drives the child to school every morning. Mother works 2:00 p.m. to 12:00 midnight at PHEAA in Harrisburg. She picks the child up after midnight at her parents' home and takes him to DilIsburg for the remainder of the night. Father is willing to continue the child at his present kindergarten until the end of the school year and drive the child to school, but would like the child to attend first grade in the Carlisle School District. Father is presently laid offfrom his construction job but is looking for another job with more traditional hours. S. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule and shared holidays and summer. Mother maintains that Father has shown little interest in the child, refusing additional time offered to him since separation. The child presently exhibits negative behaviors after staying with Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal and physical custody. It is expected that the Hearing will require one day. F;<,3 -0 ~ Date ~1 _ ~.~/ ac eline M. Verney, Esquire Custody Conciliator h't ,c:,f1~'{lq::,.-.c: ,... -, .c......'_) ,....! I '......l..- e,- ',I' ';';'-":'~'I '''1"A:ny " ,- .. :', ,;:, ',i \\JI Vl 02 ,MN 30 AN 10: 34 CUMBr:;:;L' ;,,'it) 0nU'^rn, ......1./1.,\... v", 1\11 r PENNSYLVANIA 'I Ii 1 DAVID E. LENHART, SR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BARBARA J. LENHART, Defendant NO. 2001-6994 IN CUSTODY MOTION TO WITHDRAWAL PETITION FOR SPECIAL RELIEF 1. Movant is Robert L. O'Brien, Esquire, attorney for David E. Lenhart, Sr., Plaintiff if the above-captioned action. 2. Respondent is Barbara J. Lenhart, Defendant in the above-captioned action. 3. On or about February 1, 2002, a petition was filed on behalf of David E. Lenhart, Sr., requesting the Court to review the placement of his son in the Dillsburg Area School District. 4. David E. Lenhart, Sr. has advised his counsel that he no longer wishes to pursue this matter. His counsel has spoken with Jane Adams, Esquire, attorney for the mother, and she concurs in the withdrawal of the petition for special relief. WHEREFORE, David E. Lenhart, Sr., by and through his counsel, Robert L. O'Brien, Esquire, respectfully requests that the Court Order establishing a hearing for Friday, March 15, 2002 at 3:00 p.m. in this matter and the petition upon which it is based be withdrawn. By: rlo.dir/clientsllenhart/motion. wth Respectfully submitted, O'BRIEN, BARIC & SCHERER ~ t:=:::::"O f2 . \-.::)~ Robert L O'Brien, Esquire Attorney for Plaintiff LD # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 II . DAVID E. LENHART, SR Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA J. LENHART, Defendant NO. 2001-6994 IN CUSTODY ORDER OF COURT AND NOW, this II t-~ day of VlA:>J Lt , 2002, upon consideration of the attached Motion to Withdrawal Petition for Special Relief, the hearing that was scheduled in this matter for Friday, March 15, 2002 at 3:00 p.m. is hereby cancelled and the Petition for Special Relief is withdrawn. BY THE COURT, 7 (") r'~t ~; J",~') -c "1'1 ,'-' I fT.'1 (-; ! ,'.",. ::-.J I ~ 2' ?:i u' 1"....::. .' -<.: ('.J r <: ;':'0.. ,'. ).;~ c-; :l: c, ~,~ C) ) >. c: CD C) jO-n :2::: "'" :;::i :< S:J ,-.) -< e Adams, Esquire Attorney for Defendant " ~ ./ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID E. LENHART, SR, Plaintiff BARBARA J. LENHART, Defendant NO. 2001-6994 IN CUSTODY MOTION FOR A CONTINUANCE 1. Movant is Robert L O'Brien, Esquire, Attorney for the Plaintiff in the above-captioned action. 2. Movant has talked with his client who at the present time has undergone a change of address as well as employment. He is currently not in a position to seek primary custody of his son and intends to make an informal arrangement with the child's mother for partial custody. 3. Plaintiff wishes to have this matter continued generally until such time as his life is more settled. Movant has contacted Jane Adams, Esquire, Attorney for the Defendant and she has agreed to a general continuance. WHEREFORE, Movant respectfully requests that the custody hearing scheduled for Monday, April 8, 2002 be continued generally and the matter maybe re-listed for a hearing by the court by either party by motion or petition requesting same. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~O.f:>,. . Robert L O'Brien, Esquire LD. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 r c " CERTIFICATE OF SERVICE I hereby certify that on March 28, 2002, I, Robert L O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Order of Court and Motion For A Continuance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jane Adams, Esquire 117 South Hanover Street Carlisle, Pennsylvania 17013 r ~Q61V Robert L O'Brien, Esquire ,\. (") ,~ "!.'''' -rll-r !-~I ;~- Z.' ?: UJ ~~~ C-, ~~ ~~! ~ , " C.~) l-...J () -I') ~~ C) '-.--- ;;~ :CJ -< c" '''' " . / DAVID E. LENHART, SR, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA J. LENHART, Defendant NO. 2001-6994 IN CUSTODY ORDER OF COURT AND NOW, this ~ day of April, 2002, upon review the Motion For A Continuance the Court orders and directs that the hearing scheduled for Monday, April 8, 2002 at 9:30 a.m. is continued generally and the matter may be re-listed for a hearing by the Court upon application of either party by motion or petition. BY THE COURT, Robert L O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 ~ ~ ~1.)'().lJ CJ-, Jane Adams, Esquire 117 South Hanover Street Carlisle, Pennsylvania 17013 " " \/iN\/!\lJSNN3d )JJx\;-K'(,', r;,~, :':I!]~~:~r?;,t\1nJ 9 'S :01 ~.l';l (. - (}(1'j ZO ".:_ ~o ',' I' DAVID E. LENHART, SR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA J. LENHART, Defendant NO. 2001-6994 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on December 13, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit 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. Date: 3hl/n-- ~t~p.-~ David E. Lenhart, Sr. (") 0 () C" N 1"1 ~~ "'" "'0 en -0 -(J mp'j ;;0 Z::u N ~Tl zr;- ;.::1 CD",','. 0> C:2 -<~~, r..'.-'.. -0 .c.:j -H <\_., ~o ::l!;; ':" ("5 C' ':5rn ::;; -' ::.? C --I 2" 0 .J;:>- ~ :0 ....j -< DAVID E. LENHART, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-6994 CIVIL TERM BARBARA J. LENHART, Defendant CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on December 13, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on December 17, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4, I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit 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. Date: ~J5jO& ~~~~,J ara J. Lenhart (") 0 0 c '" ."f'j s:: en ." 0'; ~.." ,.::!J gJ[r; " -.x; 'r'~ -,. ~. N *')(:1 OJ,}'.; -..J -',19 :<~, '=:;6 ~C) " .C :+1 ~(") .:x 00 :SA N 2m 0 ~ .. ~ 0 "-J -< ~ DAVID E. LENHART, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-6994 CIVIL TERM BARBARA J. LENHART, Defendant CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: via certified mail-restricted delivery on December 17, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution ofthe affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff March 31. 2002 by the defendant September 5. 2002 (b) (1) Date of execution ofthe plaintiffs affidavit required by Section 3301 (d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) \ I I (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: not applicable (b) Date plaintiffs waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: November 5. 2002 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: November 5. 2002 " ~~Ad-"- Robert L. O'Brien, Esquire Attorney for Plaintiff, David E. Lenhart, Sr. '0' -, .- ~;..;:'~ ;-- r) -~ ,. .-;:, ( .~~. , (. .' . . . . . . . . . . . . . . . . . . . . . . + . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "'. ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~ , . + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + . + + + + + . + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + ~~ ~~ ~~~~~~~ ~ TT~T TTTT TT TTTT TTTTTTT TT TTT TT TTTT TTTTTTTT TTTTTTTTT/ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STPfE OF PENNA. David E. Lenhart, Sr. , Plaintiff NO. 2001-6994 CIVIL VERSUS Barbara J. Lenhart, Defendant DECREE IN DIVORCE AND Now,------1Jn\) '" t.-~L--J,.l IT IS ORDERED AND 2Q02 , \~ DECREED THAT David E. Lenhart, Sr. , PLAI NTI FF, Barbara J. Lenhart DEFENDANT, AND ARE DIVORCEO FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None By THE COURT: jj PROTHONOTARY J. ~p b z. ~ ~I?, ("(1.9/,(( ~C7 ~~ ~~~rv ('t?~/li v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.. LAW DAVID E. LENHART, SR., Plaintiff BARBARA J. LENHART, Defendant NO. 2001-6994 IN CUSTODY MOTION FOR A HEARING 1. Movant is Robert L. O'Brien, Esquire, Attorney for the Plaintiff in the above-captioned action. 2. Movant has talked with his client who at the present time wishes to have a court hearing so as to seek primary custody of his son. 3. A copy of the most recent Court Orders originally setting a hearing and permitting a continuance are attached hereto. WHEREFORE, Movant respectfully requests that the custody hearing originally scheduled for Monday, April 8, 2002 be rescheduled to the next available date. Respectfully submitted, O'BRIEN, BARIC & SCHERER . ... .j 1'<:.' >("~' , . A- --.-,-.. ~-)/\...,,,....--. ---. Robert L. O'Brien, Esquire J.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (It" Do vc Len hClr t I ..;- ~1-C;;2. ,.-- '. APR () I 200. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACTION.. LAW NO. 2001-6994 DAVID E. LENHART, SR., Plaintiff BARBARA J. LENHART, Defendant IN CUSTODY ORDER OF COURT AND NOW, this J.J- day of April, 2002, upon review the Motion For A Continuance the Court orders and directs that the hearin~1 scheduled for Monday, April 8, 2002 at 9:30 a.m. is continued generally and the matter may be re-Iisted for a hearing by the Court upon application of either party by motion or petition. BY THE COURT, Ii Q. w~ (P~~.Q. I I . J. Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Jane Adams, Esquire 117 South Hanover Street Carlisle, Pennsylvania 17013 ;: ! . . .~. -~-, '-", ~ ! ::. ,.' ..J .., .....t"... ,,; ''';,. J t),--_t . ~. 0n,,-O 2"" , , ~~~.._._ ...__=/Ji~ ,A. Q.~A.iPI" A1nt1 .... '. I , v........'.,.H..'...r~ i .t.H"":J'';-.:!,; ~( r ?'."r" ;'r--.-------- ., + O?t - on sent/lt-de- I ,IAN 2 :J 2nO? tv'\. c:c,: DCc'Vld L<,(1rhrt 1- g [-0.;\ - V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW U19Y : NO. 2001~ CIVIL TERM DAVID E. LENHART, SR., Plaintiff BARBARA J. LENHART, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this .J.J!k day of consideration of the attached Custody Conciliation Repo follows: 1. A Hearing is schl<~uled in Court RooIp. No. _L of the Cumberland County CSlurt House, on the ~ /'fi day of --9/"(:; p,.Il -,2002, at 9:.3 0 o'clock, 11:..... M" at which time testimony Wilibr taken. Fol' purposes of this Heanng, 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 ten days prior to the Hearing date. _,2002,upon t is ordered and directed as 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, David E. Lenhart, Sr., and the Mother, Barbara J. Lenhart shall have shared legal custody of David Eugene Lenhart, Jr" born June 19, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 4. Father and Mother shall have shared physical custody on a week on/week off basis. Transfer of custody shall take place on Sunday at 5:00 p,m. Father shall have physical custody beginning Wednesday, January 23, 2002 at 5:00 p.m. until Sunday, January 27, 2002 at 5:00 p.m. when Mother shall begin her week of physical custody of the child. Thereafter the parties shall share physical custody of the child on a week on/week off basis. 5. The child shall continue to attend his present school until the end of the school year. m~9 6. Transportation shall be shared such that the receiving party will transport the child, unless otherwise agreed by the parties, Notwithstanding the above, Father shall transport the child to and from school during his weeks of physical custody. 7. In the event that the custodial parent is in need of babysitting services for longer than three hours during their period of physical custody, the custodial parent shall contact the non-custodial parent within a reasonable time to offer said babysitting opportunity to the non-custodial parent before arranging for a third party to care for the child. 8, Neither party shall permit the child to be in the presence of firearms while the child is in their care, 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: Robert L. O'Brien, Esquire, counsel for Father Jane Adams, Esquire, counsel for Mother . , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA : CIVIL ACTION - LAW : NO. 2001-6994 CIVIL TERM : IN CUSTODY DAVID E. LENHART, SR., Plaintiff BARBARA J. LENHART, Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CML 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 David Eugene Lenhart, Jr, 6/19/96 Mother 2. A Conciliation Conference was held January 23, 2002 with the following individuals in attendance: The Father, David E. Lenhart, Sr" with his counsel, Robert L. O'Brien, Esquire, and the Mother, Barbara J, Lenhart, with hl:r counsel, Jane Adams, Esquire. 3. The parties had an informal agreement whereby Mother had primary physical custody and Father had alternating weekends and shared holidays. 4, Father's position on custody is as follows: Fa,ther seeks shared legal and primary physical custody, Father maintains that Mother has moved six times in the last two years and has created an unstable environment for the child, Presently the child is attending Mechanicsburg school district kindergarten, At the beginning of the school year Mother was living with her parents in Mechanicsburg, She is presently living in Dillsburg but drives the child to school every morning, Mother works 2:00 p.m. to 12:00 midnight at PHEAA in Harrisburg, She picks the child up after midnight at her parents' home and takes him to Dillsburg for the remainder of the night. Father is willing to continue the child at his present kindergarten until the end of the school year and drive the child to school, but would like the child to attend first grade in the Carlisle School '. District. Father is presently laid off from his construction job but is looking for another job with more traditional hours. 5, Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule and shared holidays and summer, Mother maintains that Father has shown little interest in the child, refusing additional time offered to him sinl:e separation. The child presently exhibits negative behaviors after staying with Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal and physical cllstody. It is expected that the Hearing will require one day. 1....~3 'Cl ~ Date ~,,1_ %-b' ac eline M. Verney, Esquire Custody Conciliator CERTIFICATE OF SERVICE _<-tk I hereby certify that on "? ' 2003, I, Robert l.. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the proposed Order of Court and Motion For A Hearing, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jane Adams, Esquire 36 South Pitt Street Carlisle, Pennsylvania 1701:l '''-)2D({~1'^-'' Robert L. O'Brien, Esquire r), I' I (") ~'" -rJ :'. n'; "7 ',J ~;:;: (;-. ~;: ~:: ~~ ,,;: -<. C) C) C:) '~J ,-1 I =t? ::::> ..,- . . () '-n ~_:! ;(S 'H :: ~; rf; -, y:~ :::u -< o DAVID E. LENHART, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION.. LAW BARBARA J, LENHART, Defendant NO. 2001-6994 IN CUSTODY ORDER OF COURT AND NOW, this ~ day of October, 2003, upon review the Motion For A Hearing, the Court orders and directs that the hearing originally scheduled for Monday, April 8, 2002 at 9:30 a.m. is scheduled in Court Room 1, of the Cumberland County t:l /k/l/IAA'" _ O1Cl!?<I Court House, on the? day of -r --~ 7 ' 2ere' at q:::J{) ~/p.m. . BYTHECOURT~A J. IRobert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 ) .!Jane Adams, Esquire 36 South Pitt Street Carlisle, Pennsylvania 17013 [~ f<\R~ JO-JO-(B ~ ~/'I%3Av " W\i'V/il!oSNN3d I I! 'r(~'-'_ r,~. ,'...r-d '....''.\In''' ,\.u';: k I", '",',~--(,,-,~i/1I IV 9 I : 11 \1\1 0 I DO SO 'L~ilf ;', '.\i -j.O l\u~J..~,." 'VL i.' '~'" .. .'- ~ J:Jd:;O-C,::;"-li:: DAVID E. LENHART, SR., Plaintiff v, BARBARA J. LENHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6994 CIVIL TERM IN RE: PLAINTIFF'S COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 20th day of January, 2004, a continuation of the hearing previously held in the above matter on January 7, 2004, is scheduled for Monday, March 29, 2004, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. vRobert L. O'Brien, Esq, 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff > v/ofane Adams, Esq. 36 South Pitt Street Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, J. 6-:!, 0 l:;;) -\1 ..1::- ,- ?:"; - ~) .-\ :r:-n ril r:C::~ -cU"\ ~~:'IV C":?,cS :-:::y-\ '~') ~~~!l '"j . -\ N -' -/ -'..: --' " ::..;:~ "C;:.:. r:-,;' ::~ -' .-~ C1 '-'" o I ~{).I ~O ~ DAVID E. LENHART, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. BARBARA J. LENHART, Defendant CIVIL ACTION - LAW NO. 2001-6994 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this 7th day of January, 2004, upon consideration of Plaintiff's complaint for custody, with respect to the parties' child, David Eugene Lenhart (date of birth June 19, 1996), and following an initial period of hearing which has not been completed, the record shall remain open. It is noted that at the time of adjournment on today's date, Defendant was continuing to present her case-in-chief, and had indicated that she intended to call at least one more witness, and Plaintiff indicated that he intended to present rebuttal testimony. It is noted further that at the time of adjournment, Defendant's Exhibits 1, 2, 3 and 4 had been identified and admitted, and Plaintiff's Exhibit 1 had been identified and admitted. No other exhibits had been identified or admitted. Counsel are requested to contact the Court's secretary to schedule an additional half day of hearing in this case. Pending further order of Court, the parties shall continue to operate in accordance with the present de facto custody arrangements. By the Court, AJi'::',(" ~::'\:i";~) f-?:' Llel Uy I 1,.,. ()7 t.:',rf h"'Ol ,J'0 h, d; ~obert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintiff v0ane Adams, Esquire 117 South Hanover Street Carlisle, PA 17013 For the Defendant pcb 7~ ~ ( ~f) _0 Cl\,:} DAVlDE. LENHART, SR., Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BARBARA J. LENHART, Defendant NO. 01-6994 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of March, 2004, upon consideration of Plaintiffs complaint for custodyl with respect to the parties' child, David Eugene Lenhart, Jr. (d.o,b. June 19, 1996), following a hearing held on January 7, 2004, and March 29,2004, and based upon the court's understanding as to the best interest of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in Defendant, the mother. 3. Temporary or partial physical custody of the child shall be iin Plaintiff, the father, at the following times: a. During the school year, (1) On Monday, Tuesday, Wednesday, and Friday, from the close of school at about 3:20 p.m. until 5:00 p.m.; (2) On Thursday, from the close of school at about 3:20 p.m, until 8:00 p,m,; (3) On three consecutive weekends out of five, from the close of school at about 3:20 p.m. on Friday until 5:00 p.m. on Sunday; provided, that where the following Monday is a 1 See Count II, Divorce Complaint, Lenhart v. Lenhart, 2001-6994 Civil Term (Cumberland Co.). ~ ViN\I/Y'~A8\i~~Jd AJ.~:ncr,-i ':i:,:'~:Vir18 Sl-J :8 ~N OS lJ~W ~GOZ ,\1}/LCi<Oi-Ll.OCJd 3Hl .:!O 3Ji:J:l0-a,3lI::i federal holiday, the period of temporary or partial custody shall extend through Monday until 5:00 p.m.; (4) During Christmas vacation, from December 25 at 4:00 p.m. until December 30 at 4:00 p.m.; (5) On Thanksgiving Day, from 4:00 p,m. until 8:00 p.m. (b) During the summer, for alternating two-week periods. 4, In the absence of an agreement to the contrary, transportation with respect to exchanges of custody shall be the responsibility of the party receiving the child, Nothing herein is intended to preclude the parties from deviating from the terms of this custody order by mutual agreement. ~bert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff ~e Adams, Esq. 36 South Pitt Street Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, .' /7f; L (.v l... , \,. 7~ 03 -30 -O~ DAVID E. LENHART, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA J. LENHART, Defendant CIVIL ACTION - LAW NO. 2001-6994 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 29th day of March, 2004, upon consideration of Plaintiff's Complaint for Custody with respect to the parties' child, David Eugene Lenhart, Jr. (date of birth June 19, 1996), and following a second day of hearing, the record is declared closed and the matter is taken under advisement. By the Court, Robert L. O'Brien, Esquire For the Plaintiff Jane Adams, Esquire For the Defendant ~ ~~b...L 4-0;L~OY 9-, :lfh I I .\:;~,'~ ,^ t'..:...;" "/;'-:J 07 .., If! ... u :Ul ,,'J z - ~jdV ~J8Z ::..) DAVID E, LENHART, SR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01 - 6994 Civil Term BARBARA J. LENHART, Defendant : CUSTODY DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Barbara J. Lenhart, now known as Barbara J. Grove, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Barbara J, Grove, (hereinafter referred to as "Petitioner"), is the above-named Defendant, and is an adult individual currently residing at 1010 Northfield Drive, Carlisle, Cumberland County, Pennsylvania, 17013, 2. David E. Lenhart, Sr., (hereinafter referred to as "Respondent") is currently residing at 325 S, Baltimore Ave" Mount Holly Springs, Cumberland Counly, Pennsylvania, 17065. 3. The parties are the natural parents of one child, namely, David E. Lenhart, Jr., born, June 19, 1996, 4, The parties are subject to an Order of Court dated Mar,ch 29, 2004, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 5. The current Order does not reflect the custody agreem(:nt the parties have been following for at least ten months, 6. Mother is seeking a custody Order which would accurately reflect the true custody arrangements. 7. It is believed and averred that the best interest and pelmanent welfare of the child will be promoted by changes proposed in this custody petition. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the child, Date: , t 2/0/ ()J- ctWd- Adams, Esquire . No. 79465 outh Pitt Street C .sle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER DAVID E. LENHART, SR" Plaintiff IN THE COURT OF COl'vIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW BARBARA J. LENHART, Defendant NO. 01-6994 CIVIL TERM ORDER OF COURT AND NOW, this 29'h day of March, 2004, upon consideration of Plaintiff's complaint for custodyl with respect to the parties' child, David Eugene Lenhart, Jr. (d.o,b. June 19, 1996), following a hearing held on January 7, 2004, and March 29, 2004, and based upon the court's understanding as to the best interest of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody ofthe child shall be in Defendant, the mother. 3. Temporary or partial physical custody of the child shall be in Plaintiff, the father, at the following times: a. During the school year, (1) On Monday, Tuesday, Wednesday, and Friday, from the close of school at about 3 :20 p.m. until 5:00 p.m.; (2) On Thursday, from the close of school at about 3:20 p.m. until 8:00 p.m.; (3) On three consecutive weekends out of five, from the close of school at about 3 :20 p.m. on Friday until 5:00 p.m. on Sunday; provided, that where the following Monday is a 1 See Count II, Divorce Complaint, Lenhart v. Lenhart, 2001-6994 Civil Term (Cumberland Co.). t.. \W..tl~CI ft;- federal holiday, the period of temporary or partial custody shall extend through Monday until 5:00 p.m.; (4) During Christmas vacation, from December 25 at 4:00 p.m. until December 30 at 4:00 p.m.; (5) On Thanksgiving Day, from 4:00 p.m. until 8:00 p.m. (b) During the summer, for alternating two-week periods. 4. In the absence of an agreement to the contrary, transportation with respect to exchanges of custody shall be the responsibility of the party receiving the child, Nothing herein is intended to preclude the parties from deviating from the terms of this custody order by mutual agreement. RobertL. O'Brien, Esq. 17 West South Street Carlisle, P A 17013 Attorney for Plaintiff J e Adams, Esq. 6 South Pitt Street Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, . J; Wesley 01 J t \1 " VERIFICATION I verify that the statements made in this 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: 7//S/tJ.5 e--1O~4-(~ Barbara J. Grove, Petitioner ----0 ~ ) ~('\ :4\ ~ - ~ r-- 0(\ ...l li0 6'" -..l ... ...0 o ~.:; ~' , \ r-' .=;;:) ...-:~ (:.1" <-- C r .- ~" 0" o -~'\ -l ::r~: ..,... r,l ~:'~ '- _,...~ 1 ',' .'.'1(~ € -c' -. - ., !',) N 7-8 TI DAVID E. LENHART, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-6994 CIVIL ACTION LAW BARBARAJ.LENHART DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, July 29, 2005 , upon cons!ideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja"queliue M, Verney, Esq. ,the conciliator, at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on Tuesday, September 13, 2005 at 9:30 AM 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. All children age five or older may also be present at the conference. 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: Isl Jacqueline M. Vemev, Esq. Custody Conciliator -j).tI i The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 Assodation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .~ ~ ~ ^'C~ """, .276r>-( ~C?.$n-? ~ ~ h~<'L ~~ r ;2 ~~' -T9 Jt?-6r='-L , AJf<:""('" '::',c~,in:J J (7 ~nr SOOZ II :2 li;( Vv , , ,. ....,,:,j =iHl:10 AU\1i i':\\.,,--~.,___,-,_'..._.,\ 1 '-~~!::+~::;'::}-(d L:;, - DAVID E. LENHART, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No, 01.. 6994 Civil Term BARBARA J, LENHART, Defendant CUSTODY AFFIDAVIT OF SERVICE. AND NOW, this August 4, 2005, I, Jane Adams, Esquire, hereby certifY that on July 28, 2005, a certified true copy of the PETITION TO MODIFY CUSTODY was served, via certified mail, restricted delivery, return receipt requested, addressed to: Robert O'brien, Esquire 19 W, South St. Carlisle, Pa, 17013 Item 4 If Restricted Delivery is desired. ATTORNEY FOR PLAINTII . Print your name and address on the rever.'" so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space pennits. 1, Article Addressed to: D Agent DAd_ Dves DNo Ro\. O'&ie" I E's1' \ 9 uJes1- ~DI7fh 5t~ Ca.....r'l sit I PAllO 13 3. Service1Ype ~ Certlfled Mall D Exp.... Mall o Registered 0 Return Receipt for Merchandise D Inaured Mail D C.O.D. 4. ~o.t.d DolIvory? /&h /'wI D Veo 2. Article Number mw-lI'om _laboO PS Form 3811, March 2001 7005 0390 0003 2635 3839 DomootIc: Retum Rocoipt 1025Q5-01-M-142. e Adams, Esquire . No. 79465 64 South Pitt Street Carlisle, Pa, 17013 (717) 245-8508 ATTORNEY fOR PLAINTIFF ....-, C:? ~ :t>~ ,- C) o '"f\ \ J.--:'" -'- 8 o II v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- 6994 CIVIL TERM DAVID E. LENHART, SR., Plaintiff BARBARA J. LENHART, Defendant CIVIL ACTION-LAW CUSTODY RESPONSE TO MODIFICATION REQUEST 1. - 4. Admitted. 5. The parties have not modified the custody order by agreement, the custody Order has been unilaterally modified by the Defendant. Defendant has refused to follow the existing Order and has withheld the child from the Father. Additionally, the Defendant has coerced the child to resist spending time with the Father and has the child believing that the Father should consent to relinquishing his parental rights so as to be adopted. 6. The Defendant seeks a custody Order that re'flects her desire to terminate the relationship with the Father. 7. There are no changes proposed in this custody petition. Wherefore the Plaintiff Father respectfully requests that he be given primary custody of his son to repair the relationship that the Defendant Mother has caused. COUNTERCLAIM FOR CONTEMPT 8. The Defendant has embarked on a course of conduct with the intent to estrange the Father and his son, Ii 9. In furtherance of this scheme she has denied the Father his court ordered times of custody without his consent. 10. In furtherance of this scheme she has spoken directly with the child to encourage the child to ask his Father to relinquish his parental rights and to terminate their visits. 11. Father avers that the scheme undertaken by the Defendant has caused the child to suffer psychological turmoil and confusion. 12. Father requests that the child be moved into his primary care and that the Defendant bear all the expenses associated with the counseling necessary to restore the parent child relationship, 13, There is a conciliation scheduled for September 13, 2005 at 9:30 a.m., with Jacqueline M. Verney, Esquire. Plaintiff requests that his Counterclaim for Contempt be considered at that time. Wherefore, the Plaintiff Father requests that he be f}ranted primary custody of his son, that the Defendant pay the Father's attorney fees for the current and subsequent proceedings and that the Defendant pay all the expenses associated with the counseling of the Father and his son, David Eugene Lenhart, Jr. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: \ ..- 1c:::::&!3IW--- Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 il VERIFICATION I verify that the statements made in this Response to Custody Modification and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. CP--~t ~r-:;:: David E. Lenhart, Sr. ....-/' Date: 116ft;!",) cc Dave: uY)h({,rf DAVID E. LENHART, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 01-6994 CIVIL ACTION LAW BARBARA J. LENHART DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, July 29, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator, at 4tb Floor, Cnmberland County Courtbouse, Carlisle on Tuesday,_ September 13, 2005 at 9:30 AM 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. All children age five or older may also be present at the conference. Failure to appear at the confet;e8ce J)1liY . . 0 ~ u prOVide grounds for entry of a temporary or permanent order..'~ ;:;; -n , -\ ," :.".,- (...:- ::L11 The court hereby directs the parties to furnish any and all existing Protection from Altu$e or<l\Ws, ~~f;'; Special Relief orders, and Custody orders to the conciliator 48 hours priol' to scheduled heatinl!, ~5 .,\,?=', /' --- ,,~ ::~r?t ,._~~ FOR THE COURT. By: Isl Jacqueline M. Vemey, ES<f. 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 ~ () .....' = 0 ^4( ~ -fA- ~"--: c:.) ~1 " ~ lr) (/) -' ri i X-n \> -u n1-.-. r-' - I r-: ~ & - _I ,-j , , ~ _r" - tI-1 - - 7::- ~ -" ~ C> C~ f"ri C> >--> r D \..0 ~s 1ECEIVED SEP 14 2005 'Y DAVID E. LENHART, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-6994 CIVIL TERM BARBARA J. LENHART, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of t:... (' ~ 1- ,2005, upon consideration of the attached Custody Conciliation Rep rt, It IS ordered and directed as follows: 1. The prior Order of Court dated March 29, 2004 is hereby vacated. 2. The Mother, Barbara J. Lenhart, and the Father, David E, Lenhart, Sr. shall have shared legal custody of David E. Lenhart, Jr. born June 19, 1996, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Mother shall have primary physical custody ofthe Child during the school year. 4. During the school year, beginning September 23, 2005 and continuing for the school year 2005-2006, Father shall have periods of partial physical custody on alternating weekends from Friday at 6:30 p.m. to Monday morning when Father will make arrangements to transport the child to school. If there is a Monday holiday that falls on Father's weekend, Father shall have physical custody until Tuesday morning when he shall arrange to transport the child to school. For all succeeding school years, Father shall have alternating weekends, Friday at 6:30 p,m. to Sunday at 6:30 p.m. with the provision that if there is a Monday holiday, Father shall have custody of the child until Monday at 6:30 p.m. 5. Beginning the first Friday after school ends, Father shall have primary physical custody of the child and Mother shall have alternating weekends from Friday at 4:00 p,m. to Sunday at 7:30 p.m. Primary physical custody shall return to Mother ten days prior to the start of school. ,- ~ 0'\ ?: 0 1- ;:: uJ~ - :::>5 - Og ~ ?:z Wi -) <.( 9 \,0 02 o~ :.,...~ ',f(:f) ~o... 0- ,:p: ._r_~ u::~ W I.J.J' (/) CL) ~. ~ .." L~ = :::> <=> u '" 6. Each parent is entitled to one full week of custody during the summer, provided they notify the other parent 30 days in advance. Said full week shall include their normal period of custody and not be in addition thereto. 7. Transportation shall be shared such that the parties shall meet at the Tractor Supply store in Carlisle, except when Father arranges to transport the child to school or during the summer when Mother will pick up the child at 4:00 p.m. on Fridays. 8. Christmas shall be shared such that Father shall always have the child on December 23 at 6:30 p.m. to December 24 at 9:00 p.m. Mother shall always have the child from December 24 at 9:00 p.m. to December 26 at 8:00 a.m. Father shall have physical custody of the child from December 26 at 8:00 a.m. to December 30 at 4:00 p.m. 9. Father shall have physical custody of the child on Thanksgiving from 4:00 p.m. to 8:00 p.m. 10. Mother shall have physical custody ofthe child during the summer to take the child to scheduled doctor and dental appointments. Mother shall be responsible for all transportation associated therewith. 11. The parties shall have liberal telephone contact with the child. 12, This Court Order shall be enforceable by the County Sheriffs Department. 13. Neither party shall do or say anything or permit a third party to do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 14. 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, J. cc: Jane Adams, Esquire, Counsel for Mother Robert L. O'Brien, Esquire, Counsel for Father > ~ "'.....: ~<<C 9- J(,- o,{ C}-, DAVID E. LENHART, SR., : IN THE COURT OF COMMON PLEAS OF PlaintiffIRespondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : 2001-6994 CIVIL TERM BARBARA J. LENHART, : CIVIL ACTION - LAW DefendantlPetitioner: : IN CUSTODY PRIOR JUDGE: J. Wesley OIer, Jr., J. 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 David E. Lenhart, Jr. June 19, 1996 Mother 2, A Conciliation Conference was held in this matter on September 13, 2005, with the following individuals in attendance: The Mother, Barbara J. Lenhart, with her counsel, Jane Adams, Esquire and Father, David E. Lenhart, Sr., with his counsel, Robert 1. O'Brien, Esquire. 3. Mother filed a Modification Petition. Father filed an Answer and Counterclaim for Contempt. 4. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated March 29, 2004, after hearing, providing for shared legal custody, Mother having primary physical custody and Father having three consecutive weekends out of five during the school year, and shared physical custody in the summer, two weeks on/two weeks off. 5. The parties agreed to the entry of an Order in the form as attached to resolve the Modification Petition and Counterclaim for Contempt. 9-;')'05 Date cq line M. Verney, Esquire Custody Conciliator DAVID E. LENHART, SR., IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . BARBARA J. LENHART NO. 2001-6994 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 6th day of November, 2009, upon consideration of Plaintiff's Petition for Special Relief with respect to the parties child, David E. Lenhart, Jr., (date of birth June 19, 1996), and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. BY THE COURT, ,/ Michael A. Scherer, Esquire 17 West South Street Carlisle, PA 17013 Fo the Plaintiff Jane Adams, Es uire q 36S Pitt St Carlisle, PA 17013 For the Defendant pcb ~ F.5' /h,~ ~l~ l~~~ 3~C~ ~___~_ ^^ L~L~ t;~.1'r ~ ~ ~;:, .. .~ ~~` ~ _ r DAVID E. LENHART, SR., Plaintiff V. BARBARA J. LENHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6994 CIVIL TERM CIVIL ACTION-LAW - ' IN CUSTODY -?_'t PETITION TO MODIFY CUSTODY AND NOW, comes, David E. Lenhart, Sr., by and through his attorney, Michael A. Scherer, Esquire, and respectfuiiy represents as follows: 1. The Petitioner is David E. Lenhart, Sr. (hereinafter "Father"), an adult individual who resides at 1954 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Barbara J. Lenhart (hereinafter "Mother"), an adult individual who resides at 5216 Royal Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the parents of David E. Lenhart, Jr., born June 19, 1996, (hereinafter "child"). 4. On February 8, 2010, a Custody Order was entered in this matter, which Order granted the parties shared legal custody, the Father primary physical custody and the Mother partial physical custody. A copy of this Order is attached hereto as Exhibit "A." 5. Father believes it will be in Child's best interest for the Order to be modified to limit the mother's partial physical custody because mother continues to have a plethora of legal problems and has had no fixed address over the last year. + 70.00 Pa Rrr/ C't 17&423 7s?' pt 2 WHEREFORE, Father respectfully requests that this Honorable Court modify the February 8, 2010 Custody Order to provide that mother has partial physical custody year- round on alternating Saturdays from 4:00 p.m. until 8:00 p.m. Respectfully submitted, BARIC SCHERER -4"& iIfIlichael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff i ti i VERIFICATION The statements in the foregoing Petition To Modify Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are 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. § 4904 relating to unsworn faisifications to authorities. DATE: David E. Lenhart, Sr. CERTIFICATE OF SERVICE I hereby certify that on Rd(C? ? <?- , 2011, I, Lori Duncan, secretary at Baric Scherer, did serve a copy of the Petition To Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jane E. Adams, Esquire 17 West South Street Carlisle, Pennsylvania 17013 w Lori Duncan DAVID E. LENHART, SR., Plaintiff V. BARBARA J. LENHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6994 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, thisay of , 2010, upon consideration of the attached Stipulation and Agreement of the parties, it is hereby Ordered that: 1. The hearing scheduled in this matter for February 8, 2010 is hereby canceled. 2. The Orders dated September 1, 2005 and November 9, 2009 are hereby vacated. 3. The parties, Barbara J. Lenhart (hereinafter "mother") and David E. Lenhart, Sr. (hereinafter "father") shall share legal custody of David E. Lenhart, Jr., born June 19, 1996 (hereinafter "child"). Each parent shall have the right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. section 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 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 us to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to e .e the child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher, or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copes of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 4. Father shall have primary physical custody of the child during the school year. 5. Mother shall have partial physical custody of the child during the school year on alternating weekends from-Friday at 6:30 p.m. until Sunday at 6:30 pm.-If-there is a Monday holiday that falls on Mother's weekend, Mother shall have physical custody until Monday at 6:30 p.m. 6. Beginning the first Friday after school ends, Mother shall have primary physical custody of the child and Father shall have alternating weekends from Friday at 4:00 p.m. until Sunday at 7:30 p.m. Primary physical custody shall return to Father ten days prior to the start of school. 7. Each parent is entitled to one full week of custody during the summer, provided they notify the other party at least thirty days in advance. Said full week shall include their normal period of custody and not be in addition thereto. 8. Transportation shall be shared such that the party receiving custody shall do the transporting. 9. Christmas shall be shared such that Mother shall always have the child on December 23 at 6:30 p.m. to December 24 at 9:00 p.m. Father shall always have the child from December 24 at 9:00 p.m. to December 26 at 8:00 a.m. Mother shall have physical custody of the child from December 26 at 8:00 a.m. to December 30 at 4:00 p.m. 10. Mother shall have physical custody of the child on Thanksgiving from 4:00 P.M. to 8:00 P.M. 11. Father shall have physical custody of the child during the summer to take the child to scheduled doctor and dental appointments. Father shall be responsible for all transportation associated therewith. 12. The parties shall have liberal telephone contact with the child- 13. This Court Order shall be enforceable by the County Sheriff's Department. 14. Neither party shall do or say anything or permit a third party to do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 15. 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, this Order shall control. BY THE COURT, J. J. sley Oler; J . 1; TRUE COPY FROM RECORD In Testimony whereof, ! ``ere urto set my hand and the a of said Gap at Cariis e '=a. This y da of 2G y ??/Prct;?oro. i CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into this day of 2010, by and between Barbara J. Lenhart, (hereinafter referred to "mother") and David E. Lenhart, Jr. (hereinafter referred to as "father"); WHEREAS, Barbara J. Lenhart is the natural mother of the David E. Lenhart, Jr., born June 19, 1996 (hereinafter referred to as "child"); and, WHEREAS, David E. Lenhart, Sr., is the natural father of the child; and, WHEREAS, the natural parents are separated and living in separate residence; and, WHEREAS, the parties believe it to be in the best interest of the child that the parties enter in to the following custody agreement. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties, Barbara J. Lenhart (hereinafter "mother") and David E. Lenhart, Sr. (hereinafter "father") shall share legal custody of David E. Lenhart, Jr., born June 19, 1996 (hereinafter "child"). Each parent shall have the right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S, section 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 the other parent. To the extent one parent has possession of any such records or 1 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 us to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher, or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copes of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school fight anc?the like. 2. Father shall have primary physical custody of the child during the school year. 3. Mother shall have partial physical custody of the child during the school year on alternating weekends from Friday at 6:30 p.m. until Sunday at 6:30 p.m. If there is a Monday holiday that falls on Mother's weekend, Mother shall have physical custody until Monday at 6:30 p.m. 4. Beginning the first Friday after school ends, Mother shall have primary physical custody of the child and Father shall have alternating weekends from Friday at 4:00 p.m. until Sunday at 7:30 p.m. Primary physical custody shall return to Father ten days prior to the start of school. 5. Each parent is entitled to one full week of custody during the summer, provided they notify the other party at least thirty days in advance. Said full week shall include their normal period of custody and not be in addition thereto. 6. Transportation shall be shared such that the party receiving custody shall do the transporting. 7. Christmas shall be shared such that Mother shall always have the child on December 23 at 6:30 p.m, to December 24 at 9:00 p.m. Father shall always have the child from December 24 at 9:00 p.m. to December 26 at 8:00 a.m. Mother shall have physical custody of the child from December 26 at 8:00 a.m, to December 30 at 4:00 p.m. 8 - _ -Mother shall-have physical custody of the child on Thanksgiving from 4:00_ p.m. to 8:00 p.m. 9. Father shall have physical custody of the child during the summer to take the child to scheduled doctor and dental appointments. Father shall be responsible for all transportation associated therewith. 10. The parties shall have liberal telephone contact with the child. 11. This Court Order shall be enforceable by the County Sheriff's Department. r ? Neither party shall do or say anything or permit a third party to do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Barbara J. Lenhart f ?•. rl? Attorney for Mother y David E. Lenhart, Sr. 1516?,, V-/ Miciaeltg. cher-er,_Esq.uir_e-____- Attorney for Father DAVID E. LENHART, SR. n IN THE COURT OF COMMON PLEAS Olb = C PLAINTIFF rraw CUMBERLAND COUNTY, PENNSYLV = ? -urn V. C© N s-n 2001-6994 CIVIL ACTION LAW Zo =- BARBARA J. LENHART w DEFENDANT IN CUSTODY -C ? ORDER OF COURT AND NOW, Monday, March 21, 2011 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 29, 2011 at 10:30 AM 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/ ac ueline M. Verne 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 3 / Y91 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 „-4 Telephone (717) 249-3166 4-4 (15? DAVID . LENHART, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL_ ACTION - LAW -?3 + CUSTODY AND DIVORCE zr?r,-' BARBA J. LENHART, cnr N c, Defendant : NO. 2001 - 6994 CIVIL TERM -{> 43 c ? -r, C!?. PETITION TO WITHDRAW AS LEGAL COUNSEL crl- w ND NOW COMES the Petitioner, Jane Adams, Esquire, and files the above- referen ed Petition and represents that: 1. Petitioner is Jane Adams, Esquire, an Attorney duly authorized to practice law in the ommonwealth of Pennsylvania, (hereinafter "Counsel'), having a principal place of busi ess located at 17 W. South St., Carlisle, Pa. 17013 Petitioner is currently attorney of record for Barbara J. Lenhart, Defendant in the abo e-captioned matter. Plaintiff's petitioner recently filed for a modification of the custody Order entere in February, 2010. A conciliation is scheduled for April 29, 2011. Plaintiff is currently represented by Michael Scherer, Esquire. Since Petitioner originally undertook representation of Defendant, the events have occurred which make it impossible for her to continue in this legal ration: ) Defendant has failed to honor her fee agreement with Counsel. fib) Defendant has failed to keep in contact with Counsel, to an extent hich would allow Counsel to adequately represent her. Plaintiff's counsel does not oppose the request to withdraw. appea This matter was previously assigned to Judge Oler. iEREFORE, Jane Adams, Esquire requests permission to withdraw her ce from the above-captioned matter. Respectfully Submitted, Date Ja Adams, squire I No. 79465 7 . South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE D NOW, this April 26, 2011, I, Jane Adams, Attorney for Barbara Lenhart hereby certify that a copy of this PETITION is being forwarded contemporaneously with this mailing to the following parties, by placing such in first-class mail, addressed to: Michae Scherer, Esquire 17 W. South St. Carlisle, Pa. 17013 FOR PLAINTIFF Barbara Lenhart 1010 Northfield Drive Carlisle, Pa. 17013 LAST KNOWN ADDRESS OF DEFENDANT Jan Adams, Esquire I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT DAVID E. LENHART, SR., Plaintiff V. BARBARA J. LENHART, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01-6994 CIVIL TERM IN RE: PETITION TO WITHDRAW AS LEGAL COUNSEL ORDER OF COURT AND NOW, this 28th day of April, 2011, upon consideration of the Petition To Withdraw as Legal Counsel, a Rule is hereby issued upon the Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days from the date of this order. BY THE COURT, V Michael A. Scherer, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff Jane Adams, Esq. 36 South Pitt Street Carlisle, PA 17013 Attorney for Defendant ooovll??- 1 2 _-,a? ?ro _ C:d :rc DAVID E. LENHART, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-6994 CIVIL ACTION - LAii -OX MCC BARBARA J. LENHART, ?n Defendant : IN CUSTODY 7Z: cz^ -, ORDER OF COURT AND NOW, this Zy day of AA,-, `1 , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 8, 2010 shall remain in full force and effect with the following modifications. 2. Mother's periods of partial physical shall be as follows: A. Beginning April 30, 2011, alternating weekends, Saturday from 8:00 a.m. to 8:00 p.m. and Sunday from 8:00 a.m. to 7:00 p.m. B. One evening per week from after school or 4:00 p.m. until 9:00 p.m. C. Such other times as the parties agree. 3. Mother shall have physical custody of the child on Mother's Day from 8:00 a.m. to 7:00 p.m. Father shall have physical custody of the child on Father's Day from 8:00 a.m. to 7:00 p.m. 4. Mother shall be responsible for all transportation. 5. 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. Another Conciliation Conference is scheduled for July 29, 2011 at 8:30 a.m. c : Michael A. Scherer, Esquire, Counsel for Father Barbara J. Lennart, pro se - 5216 Royal Drive Ma'( Mechanicsburg, PA 17055 0*0 D? BY THE COURT, , DAVID E. LENHART, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-6994 CIVIL ACTION - LAW BARBARA J. LENHART, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 David E. Lenhart, Jr. June 19, 1996 Father 2. A Conciliation Conference was held in this matter on April 29, 2011 ,mith the following in attendance: The Father, David E. Lenhart, Sr., with his counsel, Michael A. Scherer, Esquire, and the Mother, Barbara J. Lenhart, pro se. 3. The Honorable J. Wesley, Jr. previously entered an Order of Court dated dated February 8, 2010 providing for shared legal custody, Farther having primary physical custody with Mother having alternating weekends during the school year and primary physical custody in the summer. 4. The parties agreed to an Order in the form as attached. Date: q" a c it heJacline M. Verney, Esquire Custody Conciliator b DAVID E. LENHART, SR., Plaintiff V. BARBARA J. LENHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY AND DIVORCE NO. 2001 - 6994 CIVIL TER11M r? ORDER AND NOW, this day of -2, 2011, c w CD rn C oc upon consideration of the within Motion, Attorney Jane Adams, Counsel for Defendant, shall be permitted to withdraw her Appearance on behalf of Defendant. BY THE COURT: cc: ? Michael Scherer, Esquire ? Jane Adams, Esquire led