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HomeMy WebLinkAbout04-5143MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04- .51`J CIVIL TERM GREGORY WAYNE LEHMAN IN DIVORCE 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 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 COURTHOUSE, CARLISLE, PENNSYLVANIA, 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 SO. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Frances H. Del Duca #06269 10 West High St. Carlisle, PA 17013 Dated: October 12, 2004 MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04- 5 /v3 CIVIL TERM GREGORY WAYNE LEHMAN .. IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Michelle Ann Lehman, who resides at 232 Old Sawmill Drive, Newburg, Cumberland County, Pennsylvania, 17240. 2. Defendant is Gregory Wayne Lehman, whose mailing address is P.O. Box 701, Johnstown, Pennsylvania, 15907. 3. Plaintiff and defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married in Newburg, PA on August 5, 2000. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request the court require the parties to participate in counseling. COUNT II - CUSTODY 8. Plaintiff and defendant are the natural parents of Hunter K. Lehman, born January 1, 2002 and Blake T. Lehman, born October 21, 2003. Plaintiff seeks primary physical custody of the children. Defendant shall have partial custody. WHEREFORE, plaintiff requests that this Court to enter a decree in divorce and grant primary custody to plaintiff and partial custody of the children to defendant. Dated: Octoberl`, 2004 t- " Frances H. Del Duca, Esq. #06269 Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 717-249-1323 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 10 Pa.C.S. Sec. 4904 relating to unswom falsification to authorities. i Dated: rs 2? ?i} ZC G?/t c 1/?! (r?V .? i 1 V? ? r / ` ,? y ? ?? ? ? .. w ? ? l ? ? v ? c.5 ? r C C ?^? ? MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04- 5-/? CIVIL TERM GREGORY WAYNE LEHMAN IN DIVORCE STIPULATION 1. Michelle Ann Lehman is the natural mother of Hunter K. Lehman, born January 1, 2002, and Blake T. Lehman, born October 21, 2003. 2. Gregory Wayne Lehman is the natural father of Hunter K. Lehman and Blake T. Lehman. 3. The parties agree that the mother shall have legal and primary physical custody of the children. 4. The parties agree that father shall have partial custody every other weekend. 5. The father shall have partial custody at other times as the parties may agree. ? ) /Jj-& a. Mi h 11e Ann Le n Gr ory y Wayne Lehman DATED: /O//R , 2004 ?"? `?_ ' c?? _s.- i 3 ? " ° T +. j : ? f J d77 ?T1 ? -? i -n r? - ?``, . r? w? E? ~ 4r ? ?7i MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ::NO. 04- 5/ q S CIVIL TERM GREGORY WAYNE LEHMAN :: IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce with the count for custody filed on October 12, 2004.. Date d gwyu ?.a) q e ndant 60Y 701 Mailing Address .__ -. ?`? ? C:? cv ? "? ' ? ?? _, .. ' rv i? Cr:? - _ .? - ? t ? ? ? °:° ,. ? ?::? `=s ?..a `a ?: MICHELLE ANN LEHMAN VS. GREGORY W. LEHMAN In the Court of Common Pleas of Cumberland County, Pennsylvania No. 04-5143 Civilxlk TO THE PROTHONOTARY: Please reinstate the Complaint in Divorce filed on To December 1 Prothonotary 0004 Frances H. DelAtioRff for Plaintiff No. Term, 19 vs. PRAECIPE Filed 19 , Atty. k: 1 J0 - ?? ?Y DEC 0 3 MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04- T/ q S CIVIL TERM GREGORY WAYNE LEHMAN IN DIVORCE ORDER 1-'N, AND NOW, this day oA'?. 2004, upon consideration of the Agreement of the parties the mother, Michelle Ann Lehman, shall hai,e legal and primary physical custody of Hunter K. Lehman and Blake T. Lehman, with the father, Gregory Wayne Lehman, having partial custody every other weekend. Date: boa U? .C H,4 9 -X10 UR 17 MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04- jz--Iz?3 CIVIL TERM GREGORY WAYNE LEHMAN IN DIVORCE STIPULATION 1. Michelle Ann Lehman is the natural mother of Hunter K. Lehman, born January 1, 2002, and Blake T. Lehman, born October 21, 2003. 2. Gregory Wayne Lehman is the natural father of Hunter K. Lehman and Blake T. Lehman. 3. The parties agree that the mother shall have legal and primary physical custody of the children. 4. The parties agree that father shall have partial custody every other weekend. 5. The father shall have partial custody at other times as the parties may agree. Ann Wayne Lehman DATED: /Of /R- 1 2004 Lrvy ?v 71 t r q 5i U MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5143 CIVIL TERM GREGORY WAYNE LEHMAN IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed October 12, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce. 4. I have been advised of the availability of marriage counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list Of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 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. 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 19 Pa.C.S. Sec. 4904 relating to unworn falsification to authorities. Dated: Michelle Ann Lehman r -> " f1 _- . cl _. _.,;? 7 ?'i a ?? MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5143 CIVIL TERM GREGORY WAYNE LEHMAN IN :DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed October 12, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce. 4. I have been advised of the availability of marriage counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list Of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 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. 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 19 Pa.C.S. Sec. 4904 relating to unworn falsification to authorities. Dated: GAg(Wy Wayne Lehman ? .,1 d r ?? fr' { ?i MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5143 CIVIL TERM GREGORY WAYNE LEHMAN IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. 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. 3. 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. 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. See. 4904 relating to unswom falsification to authorities. Dated: 111C)'1670- v A,14AA-111 Michelle Ann Lehman c ; '> -7 _ ?` , _,, 1 __, `-- ? ., MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5143 CIVIL TERM GREGORY WAYNE LEHMAN .. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. 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. 3. 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. 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. Sec. 4904 relating to unsworn falsification to authorities. Dated: /?j??f p ze_-?- I J-) 7 Gregory e Lehman ? Y ?'. ? {l `.:DO ?7 `?i ?? .^I^. (. t I ? MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5143 CIVIL TERM GREGORY WAYNE LEHMAN .. 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) ) (330f (d) ) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Acceptance of Service by Defendant November 28, 2004 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff 1 / 19 / 05 by defendant 1/19/05 (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: ; (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None 5. Date and manner of service of the notice; of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: / G Cam// ?/A %/,fj r Frances H. Del Duca, Esquire +t t } + t + 4+ i i { +i f i+ + +i + + }i r+ + it IN THE COURT OF COMMON PLEAS { * OF CUMBERLAND COUNTY f { + f STATE OF PENNA . + MICHELLE ANN LEHMAN " t + No. 04-5143 CIVIL + + * + VERSUS + * GREGORY WAYNE LEHMAN t + + + DECREE IN { + DIVORCE + + * + AND NOW CASAAJ" -z-6 , -,1 2005, IT IS ORDERED AND + t # } r + DECREED THAT _ MICHELLE ANN LEHMAN PLAINTIFF, # + + AND GREGORY WAYNE LEHMAN _ DEFENDANT, { t { ARE DIVORCED FROM THE BONDS OF MATRIMONY . # { + + THE COURT RETAINS JURISDICTION OF THE FOLLOWING CL AIMS WHICH HAVE t + + + BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL YET BEEN ENTERED fYA (7 ORDER HAS NOT + + ; + + + j' f * + / + + + r BY T E COURT: + f + ATTEST: J + # F , PROTHONOTARY } + r % • • r1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mir op, Atin L?nmor) Plaintiff Vs File No. ©`-l - 51 LIS C i y i IN DIVORCE ??ronrru ?l?.xvv.2 ? Q?A_rnR.Y? D dant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or - _ 4_ after the entry of a Final Decree in Divorce dated --- hereby elects to resume the prior surname of (Ylicawal\Q ?r?w ih1 , and gives this written notice avowing his / her intention pursu/a?nt, to the provisions of 54 P.. 704. Date: $ Olo to I l lr Q i a U, 4A)n tV>L(?s?17 Signature (a mn Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF v ) On the day of 200 G before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. RUVOWSK CAlrlN E 1? YPOW W 001M?INd10?NIE{,IAMUAIry 4. Min Prothonotary or Notary Public N v } G c. ?`= z S n C om 7Aj$ JikpH al?h'ia YRAfRNYE'; 1'1.oOF!'t01N r 4'Att93 VTIRU99 9NIUri 6t4tjj S?11RA STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 30 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE ANN DAIHL formerly MICHELLE ANN LEHMAN, Plaintiff V. GREGORY WAYNE LEHMAN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 04 - 5143 CIVIL TERM IN DIVORCE PETITION FOR MODIFICATION AND NOW comes the plaintiff, Michelle Ann Daihl, formerly Michelle Ann Lehman, by her attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff/petitioner is Michelle Ann Daihl, formerly Michelle Ann Lehman, an adult individual residing at 232 Old Sawmill Drive, Newburg, Cumberland County, Pennsylvania, 17240. 2. The defendant/respondent is Gregory Wayne Lehman, an adult individual residing at 281 Camp Strause Road, Fredericksburg, Pennsylvania, 17026. 3. The parties are the natural parents of two minor children, namely: Name Present Residence A--g-e Hunter K. Lehman 232 Old Sawmill Drive 5 years Newburg, PA 17240 Blake T. Lehman same 3 years 4. The children are presently the subject of an Order for Custody issued December 6, 2004, adopting a Child Custody Stipulation and Agreement of the parties providing for legal and primary physical custody of the children with Mother and periods of temporary physical custody of the children with Father every other weekend and at other times by agreement of the parties. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit A. 5. Although specific custody exchange times were not set forth in the December 6, 2004 Order, the parties verbally agreed that Father would return the children on Sundays between 5:00 p.m. and 6:00 p.m 6. Father has not been returning the children to Mother on Sundays in accordance with their agreement. 7. Father has been repeatedly calling Mother's house in a harassing manner and continues to do so even though requested by Mother to end such conduct. 8. Mother seeks a modification of custody to establish specific times and location for the exchange of custody between the parties for Father's every other weekend custody and to establish a specific time for Father to call the children in the evenings when in Mother's custody. 9. Mother avers that the basis for her actions concerning her children is solely motivated by her concem for the children's best interests and permanent welfare. 10. Mother believes and therefore avers that it would be in the best interests of the children for the Court to issue an order confirming legal custody of the children to Mother, continuing primary physical custody of the children with Mother, and establishing exchange locations and times for Father's every other weekend partial custody as well as times for Father to contact the children when in Mother's custody. 11. Mother believes and therefore avers that the best interests and permanent welfare of the children would be best served by the entry of an order as aforesaid. WHEREFORE, plaintiff, Michelle Ann Lehman, prays this Honorable Court enter an Order granting the relief requested herein granting her legal custody, and for physical custody of the children to be set forth herein, and any other relief the Court deems appropriate. Respectfully submitted, Dated: January /o?, 2007 La &t i Stacy B. W , Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff i??? rrGY y'? r 7 MICHELLE ANN LEHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ::NO. 04- t q? CML TERM GREGORY WAYNE LEHMAN : IN DIVORCE ORDER AND NOW, thrsl day of ` + Yi'W0 , upon consideration of the Agreement of the parties the mother, Michelle Ann Lehman, shall' have legal and primary physical custody of Hunter K. Lelunan and Blake T. Lehman, with the father, Gregory Wayne Lehman, having partial custody every other weekend. BY THE COURT, Date: TRUE COPY rpoM ?ErORD n ; - 'meny vnccr eo`, 1 hare unto sat my hard aG ts'1e seal or syovri 8rlisle, Pa. T ° h c!ay or.. ?..?.,., 1 Prdthonota rY f?l icf ExHIRir°a" MICHELLE ANTN LEHMAN v. GREGORY WAYNE LEHMAN' IN THE OF COMM-ON PLEAS OF CUI 413ERLA,-M COUTNITY, PENNSYLVANIA NO. 04 - C. IN LL TERM WDR"ORCE STIPULATION 1. Michelle Ann Letiman is the natural inother of Hunter K. Lehman, born January 1, 2002, and Blake T. Lehman., born Oct }bee 21, 2003. 2. Gregory Wayme L.ehmin is the nait L7u' Father o hinter K. Lchriiall aiid Blake Z'. Lehman. 3. The parties agree that the mother s.lhall tiRve legal and primary physical custody of the children. 4. The parties agree that fattier shall have partial custody e?? ety other weekend. s. The father shall havc partial custody at ether tidies as the parties may agree. s i;%))0le A tu.i Ldjy?.vn X Grt ry WIN le I?chnlan DATED. /( //z , 2004 VERIFICATION I, the plaintiff in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. January /,2 , 2007 Michelle Ann Daihl (formerly Michelle Ann Lehman) STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE ANN DAIHL formerly MICHELLE ANN LEHMAN, Plaintiff V. GREGORY WAYNE LEHMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 5143 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Petition for Modification on the following party on this date and in the manner indicated. SERVICE BY FIRST CLASS MAIL: Gregory Wayne Lehman 281 Camp Strause Lane Fredericksburg, PA 17026 i Date: January _a, 2007 Stacy B. Wolf, Esquire Attorney for Plaintiff r r": MICHELLE ANN DAIHL A/K/A MICHELLE ANN LEHMAN PLAINTIFF V. GREGORY WAYNE LEHMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5143 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 18, 2007 , 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 Friday, February 09, 2007 at 2:00 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. All children ate 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 TI IE COURT. By: /s/ John 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 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 v f ,, :Z 1 1 MICHELLE ANN DAIHL, formerly MICHELLE ANN LEHMAN Plaintiff V. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW GREGORY WAYNE LEHMAN, : No. 04-5143 CIVIL TERM Defendant : IN DIVORCE ANSWER TO PETITION FOR MODIFICATION AND COUNTER PETITION FOR MODIFICATION AND NOW comes the Defendant, Gregory Wayne Lehman, by his Attorney, Galen R. Waltz, Esquire, who presents the following Answer and Counter Complaint for Custody, representing as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted and Exhibit A speaks for itself. 5. Admitted in part and denied in part; it is admitted that the "specific custody exchange times were not set for in the December 6, 2004 Order, the parties verbally agreed that Father would return the children on Sundays between 5 p.m. and 6 p.m." ; however, insofar as the verbal agreement implies that this schedule has not been amended by both verbal agreement and the parties actions, that implication is denied, for a mutual verbal agreement existed between March '06 to June '06 that allowed Father to receive the children Friday from daycare to Monday when they would be returned to daycare and that occurred for approximately 3 or 4 times. It was only in June '06 that Mother stopped Sunday overnights. In addition, the parties had agreed during Holidays, when Monday was the Holiday and Father was off, that the Father would receive the children and that occurred 5 or 6 times. 6. It is denied that Father has not been returning the children on Sundays in accordance with the party's agreement; to the contrary, Mother stopped Sunday overnights in June '06 and ever since that time, Father has returned the children Sunday evenings between 5 p.m. - 6 p.m. 7. It is denied that Father has been repeatedly calling Mother's house in a harassing manner, in fact, that is a legal conclusion and proof thereof is demanded at a hearing in this matter. By way of further response, the Mother agreed in 2005 that Father could call the children at 8:30 p.m.; in 2006 Mother changed the time to 8:15 p.m. When Father attempts to comply with Mother's controlling demands that he contact the children at 8:15, Mother is either not at home, or messages are left for Mother who subsequently indicated that the children were in the tub but she does not return the call on behalf of the children; in fact and typical of the lack of Mother's cooperation occurred with a telephone contact made on January 11, 2007 at 7:07 p.m. when Father left a message on the Mother's landline and at 8:35 p.m. she called to say "aren't you calling the children" and that she "put them to bed." 8. It is neither admitted nor denied the truth or falsity of what Mother is seeking; proof or evidence thereto is demanded at a hearing in this matter. 9. It is denied that Mother's basis for her actions concerning the children is motivated by her concern for the children's best interest and permanent welfare; to the contrary, Mother has consistently been uncooperative as it relates to the care of the children's teeth and orthodontia and Father has taken control of the dental work required for the children. In fact, on January 7, 2007 Mother's boyfriend interfered with the children's healthcare. 10. . Neither admitted nor denied what Mother's belief is; however, in addition, it is denied that the best interest of the children is for the Court to issue an Order confirming legal custody of the children to the Mother; continuing Primal Physical Custody of the children with Mother, and establishing exchange locations and times for Father. It is admitted however, an exchange location and time for exchanges between the parties needs to be established. 11. Paragraph 10 is incorporated herein as if fully stated. COUNTER PETITION FOR MODIFICATION 12. Paragraphs 1-4 the aforesaid answer of the Plaintiff's Petition of Modification are incorporated herein as if fully set forth. 13. The best interest of the children as it relates to their health, education and welfare would be should have established shared legal custody in order that both parties can provide balanced decisions for the children's health, education and welfare. 14. Father requests that the Court issue an Order in the best interest of the children providing for legal custody to be shared between the parties and that Father be provided primary physical custody for the children and in the alternative that the Court provide shared physical custody of the children to both parties for the following reasons: a. The children have dental issues wherein 5 cavities were discovered on January 13, 2007 whereupon the teeth were cleaned, fluoride treatment was provided and pills relative to infection were provided per Father's initiation of diagnosis and treatment; Father has initiated the healthcare treatment of the children's teeth about which their Mother has negligently ignored the problems. b. Mother has steadfastly interfered with the Father/children bonding through nightly telephone contact and has actively thwarted the bonding between Father and sons. c. Successful overnight visits on Sunday evenings has occurred from March to June 2006; Mother's interference with those overnights was not in the best interest of the children but it was solely a plot to secure monetary benefit from child support. d. The health and safety of the children has repeatedly been endangered with Mother's steadfast refusal to place them in child safety restraints while in a motor vehicle while the vehicle is being operated and this occurred on or about December 1, 2006 and on or about December 30, 2006. e. Father serves in the Armed Forces and has occasional drill weekends; Mother is inflexible and will not cooperate with the demands of Father's military schedule and therefore interferes with the bonding that should be occurring between the children and their father by refusing substitute custody time. f. Mother insists that the travel exchanges be Father's obligation and responsibility which in effect serves to diminish the Father/child recreational bonding as a result of continued travel time as well as the incurred costs of constant traveling from Fredericksburg to Newburg. WHEREFORE Defendant, Gregory Wayne Lehman, prays this Honorable Court enter an Order granting Father's request for Shared Legal Custody and for Father's request for Primary Physical Custody of the children or in the alternative grant Father's request for Shared Physical Custody of the children on an every other week basis and further grant shared/rotate and alternate Holidays and further order that exchange of children be provided by the non-custodial parent as well as any other relief that the Court deems appropriate. Respectfully submitted, 28 S. Pitt Street Carlisle, PA 17013 717-245-9688 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Counter Custody 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 Gre Wayne Lehman CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Answer to Petition and Counter Petition for Modification, by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre- paid on the JfJ? day of q t, 2007, from Carlisle, Pennsylvania, addressed as follows: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 and Michelle Ann Daihl 23 Old Sawmill Drive Newburg, PA 17241 TURD LAW OFFICES GAen R. Waltz, esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 c_? ? -n _ c_ X;? -? -?, f-;, ? i ? ?_ _n , ?t3 J ?-Ja -- - ? i?:: ( ? }.% r_?_. .?..? .. ,? ?Ti ? r ...% ? ..? MICHELLE ANN DAIHL A/K/A MICHELLE ANN LEHMAN Plaintiff VS. GREGORY WAYNE LEHMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-5143 Civil Term : ACTION IN CUSTODY COURT ORDER Appri/ AND NOW, this y day of 34erch, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Mother, Michelle Ann Daihl and the Father, Gregory Wayne Lehman, shall enjoy shared legal custody of Hunter K. Lehman, born 1/1/02, and Blake T. Lehman, born 10/21/03. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have periods of partial physical custody three weekends per month from Friday 3:00 pm until Sunday 5:30 pm or otherwise as the parties may agree upon. Should Father or Mother require a different pick up or drop off time due to their respective work schedules, two hours advance notice shall be given. 4. The pick up and drop off location for the custody exchanges shall be at the Sheetz on Route 11 in Carlisle, Pennsylvania, which is approximately half-way between the Mother and Father's respective residences, unless the parties agree otherwise. Should Father desire to pick Children up in Newburg, Pennsylvania from their day care, Father shall give Mother two hours prior notice. Mother and Father shall employ appropriate car seats/restraints for the Children during transportation. 6. Mother and Father shall not engage in any disparaging language with the Children that would negatively affect the Children's love and affection for the other parent. 7. Any Holidays with Children between now and the Hearing date shall be worked out between the parties. 8. When Children are in Mother's physical custody, Father shall have liberal telephone contact with Children, with a minimum of contact every Monday from 7:30 pm until 8:00 pm. 9. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as practicable after the emergency is handled. 10. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on J3 day of 1Mg, 2007 at YS am/n in Courtroom number 2 in the Cum erland County??f Common Pleas, Carlisle, PA 17013. ____ /?/ B Cc7alcen /y Wolf, Esq. Waltz, Esc, J J. +r . 21 ID- r D OR 3 Qilln YP' MICHELLE ANN DAIHL A/K/A MICHELLE ANN LEHMAN Plaintiff VS. GREGORY WAYNE LEHMAN Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-5143 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT I 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: Hunter K. Lehman, born I / 1 /02, and Blake T. Lehman, born 10/21/03, currently in the primary physical custody of Mother Michelle Daihl. 2. A Conciliation Conference was held on February 9, 2007 with the following individuals in attendance: The Mother, Michelle Ann Daihl, with her counsel, Stacy B. Wolf, Esq. The Father, Gregory Wayne Lehman, with his counsel, Galen R. Waltz, Esq. 3. The Honorable Edgar B. Bayley previously entered an Order of Court dated December 6, 2004 pursuant to. Stipulation providing for Mother to have legal and primary physical custody of Children, with Father having partial custody every other weekend. 4. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody of the Children or in the alternative, Father seeks shared physical custody of the Children on an every other week basis and further seeks a shared/rotate and alternate Holiday schedule and seeks the exchange of Children be provided by the non-custodial parent. Father maintains that the Children would be immediately enrolled in day care should he receive shared custody. Father is engaged to be married and is employed with the National Guard that has a requirement of one weekend a month for drills. 5. Mother's position is as follows: Mother seeks continuation of the status quo, i.e. Mother has legal and primary physical custody of Children, with Father having partial custody every other weekend, and establishing exchange locations and times for Father's every other weekend partial custody. Mother also wishes to establish times for Father to contact Children when in Mother's custody. Mother maintains that she has given the Children a secure and stable environment and that the Children have a set schedule with day care. The older Child shall begin kindergarten in 2007. Mother maintains that the distance between her and Father is seventy one (71) miles, so a week on, week off schedule would not be practicable under the circumstances, especially considering that the older Child will be enrolled in kindergarten soon. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court granting Mother and Father shared legal custody with Mother having primary physical custody and Father having partial physical custody three weekends per month as outlined in the proposed Order. It is expected that the Hearing will require one day. 7. 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:March 2,?' 2007 ----- J angan quire st dy Conci 'ator -ft STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE ANN DAIHL formerly MICHELLE ANN LEHMAN, Plaintiff V. GREGORY WAYNE LEHMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04 - 5143 CIVIL TERM : IN DIVORCE PRETRIAL MEMORANDUM OF PLAINTIFF MICHELLE ANN DAIHL Plaintiff, Michelle Ann Daihl, through her counsel, Stacy B. Wolf, Esquire, submits to this Honorable Court the following pretrial memorandum for consideration. L POSITION OF MICHELLE ANN DAIHL WITH RESPECT TO CUSTODY: Pursuant to the December 6, 2004 Order of Court, which adopted a Child Custody Stipulation and Agreement of the parties, Mother has legal and primary physical custody of Hunter K. Lehman, age 5 years and Blake T. Lehman, age 3 years. Father has partial custody every other weekend. Mother and Father were married and both children were born during the marriage. Father moved out of the marital residence in Newburg on Father's Day of 2004 and moved to Fredericksburg. Mother is still residing in the home that was the marital residence. Mother believes that it is in the best interest of the children for her to retain primary physical custody. Mother has been the primary caregiver of Hunter and Blake since their births. Mother provides a suitable and stable household for the children in Newburg, Pennsylvania, meeting both children's emotional, physical, and spiritual needs. While in Mother's care, Hunter and Blake have been able to regularly attend pre-school at God's Little Ones in Newburg, where they have been successful academically, where they have made friends, and where they have regularly attended church. Mother is in contact with the children's teachers at pre-school and sets aside time to work with the children on important I AA learning skills. Both children have been enrolled in a summer program where they will go on fieldtrips, to the library, and to the swimming pool. Mother has enrolled Hunter in kindergarten in Shippensburg for the 2007-2008 school year. Father lives in Fredericksburg, Pennsylvania and serves in the Armed Forces. Father has drills one or two weekends per month and has a couple of weeks of training each July. Father is unaware of whether he will be deployed overseas and thus cannot provide a stable environment for the children. Moving to Fredericksburg would cause extensive disruption to Hunter and Blake's lives in that they would have to adjust to new surroundings with regard to living arrangements, school, friends, and church. Mother assures that the children have regular medical checkups and treatment. Father, however, has neglected to be there for the children's medical appointments and does not stay home with the children when they are ill. In fact, one particular incident occurred in May of 2006 when Father was transporting the children, Blake was ill and Father called Mother and told her to come and pick up Blake on the side of the road because Father did not want to have custody while Blake was ill. Mother filed a Modification Petition to maintain the status quo but seeking the establishment of specific custody exchange times and locations and specific times for Father to call the children in the evenings. Without these provisions, Father has been calling in a harassing manner to speak with Mother, not the children, and there has been difficulty with when Father is returning the children. Mother also filed a child support complaint and on January 29, 2007, the day of the support conference, Father filed his Counter Modification Petition seeking primary physical custody of Hunter and Blake or, in the alternative, shared physical custody on a every other week basis. Mother believes that Father is motivated by his desire to not pay child support. Mother has concern for the children's welfare because they often return home from Father's care with bumps and bruises and has concern about the sleeping arrangements while the children are in Father's custody because the youngest child, Blake, is reporting that he is sleeping with his fourteen year old stepbrother. If permitted to retain primary physical custody of Hunter and Blake, Mother would permit frequent contact and visits between the children and Father and would strive to make custody exchanges as pleasant as possible. 2 II. WITNESSES: MICHELLE A. DAIHL (PLAINTIF M Will testify as to the reasons she is seeking to retain primary physical custody of Hunter and Blake, including what the current circumstances are like and what it would be like if Hunter and Blake were in Father's primary custody or if Mother and Father shared physical custody on an every other week basis. Mother will offer testimony as to her relationships with both children. Mother will also offer testimony as to the children's relationships with her boyfriend, Derek Hedge. KAREN DAIHL (PLAINTIFF'S MOTTHER) Will testify as to her direct observations of the current custody situation, while the children are in Mother's and Father's care, and will testify as to her relationship with the children. III. OTHER WITNESSES: Plaintiff reserves the right to amend and supplement her list of witnesses as necessary prior to the hearing. Date: May -1?9 2007 Respectfully Submitted, WOLF & WOLF By: Aa44--i ?twj Stacy B. olf, Esquir 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff 3 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE ANN DAIHL formerly MICHELLE ANN LEHMAN, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW GREGORY WAYNE LEHMAN, : NO. 04 - 5143 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, StacyB. Wolf, Esquire, attomeyfor Plaintiff, do hereby certifythatthis date, I have served a copy of the foregoing Pretrial Memorandum ofPlaintiff Micheffe Ann Daihl upon the following person, by United States Mail, addressed as follows: Galen Waltz, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF Date: May I q4 , 2007 By: A?? . 11,4?) Stacy B. olf, Esquire 10 West Ffigh Street 67 Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff 4 w? C? ? n ? r 1 ... t"t y' `?7 , ' - ,';"l MICHELLE ANN DAIHL : IN THE COURT OF COMMON PLEAS OF formerly : CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ANN LEHMAN, Plaintiff CIVIL ACTION - LAW V. GREGORY WAYNE LEHMAN, : NO. 04-5143 CIVIL TERM Defendant : IN DIVORCE MOTION FOR PROTECTIVE ORDER AND NOW, comes Gregory Wayne Lehman, by and through his attorney, Galen R. Waltz, Esquire, and files the following Motion for Protective Order: 1. In a Custody Order of April 4, 2007, The Honorable Edgar B. Bayley has scheduled a Custody Hearing in the above-captioned matter, set for May 23, 2007. 2. Defend ant/Movant has subpoenaed Dr. Rana L. Mathias, D.D.S., as a witness for testimony at the aforementioned hearing. 3. The said Dr. Mathias has requested a release of liability, signed by both parties, in regard to Health Insurance Portability and Accountability Act. 4. Absent protection from liability, Dr. Mathias has indicated through her attorney that she cannot disclose information or testify. 4. Plaintiff/Respondent has been contacted through counsel requesting acquiescence to sign such a release. 5. Plaintiff/Respondent has been contacted through counsel notifying said party as to Defendant/Movant's intent to file a Motion for Protective Order, and requesting compliance therewith. 6. Compliance as to both proposals was not forthcoming. WHEREFORE, Plainitiff/Movant respectfully requests this Honorable Court to issue a Protective Order precluding any action against Dr. Rana L. Mathias by the parties herein as a result of her testimony in this matter. A three-way telephone conference initiated by the Court, between the Court and both attorneys may serve to expedite resolution of this matter. Galen R. Waltz, Esquire, attorney for Defendant/Movant, is available at (717) 245-9688. Stacy B. Wolfe, Esquire, attorney for Plaintiff/Respondent, is available at (717) 241-4436. Respectfully submitted, ,I-Z/c 1't7 Date uire alen R. WalUt 28 South Pitt Carlisle, PA 17013 (717) 245-9688 Attorney for Defend ant/Movant MICHELLE ANN DAIHL : IN THE COURT OF COMMON PLEAS OF formerly : CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ANN LEHMAN, Plaintiff CIVIL ACTION - LAW V. GREGORY WAYNE LEHMAN, : NO. 04-5143 CIVIL TERM Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of , 2007, after a three-way telephone conference between the court and counsel of both parties on the Motion for Protective Order in the above-captioned matter, it is hereby ORDERED that Dr. Rana L. Mathias shall testify as to the subpoenaed matters and that her testimony shall be protected from subsequent litigation by both parties in this action. BY THE COURT, J. c.c. Stacy B. Wolfe, Esquire Galen R. Waltz, Esquire CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Motion for Protective Order, by facsimile at 717-241-4437 and by depositing same in the United States Mail, first class, postage pre-paid on the sixteenth day of May, 2007, from Carlisle, Pennsylvania, addressed as follows: Stacy R. Wolfe, Esquire Wolf & Wolf 10 W. High Street Carlisle, PA 17013 TURO LAW OFFICES Ga n R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 r, c? 1 _,. ' } 77, ws f MAY S S 2007 ,h4 a., MICHELLE ANN DAIHL A/K/A : IN THE COURT OF COMMON PLEAS MICHELLE ANN LEHMAN : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 04-5143 Civil Term GREGORY WAYNE LEHMAN Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this Vdday of May, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Order of Court dated April 4, 2007 shall remain in full force and effect with the following modifications. 2. The Father shall have periods of partial physical custody every other weekend per month from Friday 3:00 pm until Sunday 5:30 pm or otherwise as the parties may agree upon. 3. This Order is entered pursuant to a telephonic conference with the Conciliator and counsel for the parties. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms o hall control. Cq, cy Wolf, Esq. , ralen Waltz, Esq. C-i MICHELLE ANN DAIHL A/K/A MICHELLE ANN LEHMAN Plaintiff VS. GREGORY WAYNE LEHMAN Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5143 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 children who are the subject of this litigation are as follows: Hunter K. Lehman, born 1/1/02, and Blake T. Lehman, born 10/21/03, currently in the primary physical custody of Mother Michelle Daihl. 2. A telephonic conference was held in regard to a disagreement concerning Father's visitation on weekends with the Children with the following individuals participating: The Mother's counsel, Stacy B. Wolf, Esq. The Father's counsel, Galen R. Waltz, Esq. 3. The Honorable Edgar B. Bayley previously entered an Order of Court dated April 4, 2007 following a conciliation providing for Father to have visitation three weekends per month. 4. Following the telephonic conference, it was recommended by the undersigned that the Father's visitation with Children be every other weekend per month, instead of the three weekends. Date:May 22, 2007 Jo J. gan, Esqui C to Conciliator { 1 MICHELLE ANN DAIHL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY WAYNE LEHMAN : 04-5143 CIVIL TERM ORDER OF COURT AND NOW, this :2 day of May, 2007, following a hearing on the merits on cross-petitions to modify a custody order, IT IS ORDERED: (1) All prior custody orders, ARE VACATED. (2) Michelle Ann Daihl and Gregory Wayne Lehman shall have joint legal custody of Hunter K. Lehman, born January 1, 2002, and Blake T. Lehman, born October 21, 2003. (3) The mother shall have primary physical custody of Hunter and Blake. (4) The father shall have temporary physical custody of Hunter and Blake: (a) Every other weekend on Friday after pre-school or school when he or his designee shall pick them up, until Sunday evening at 5:30 p.m. or Monday evening at 5:30 p.m. if Monday is a National holiday, when the mother or her designee other than the maternal grandfather shall pick them up. (b) During June, July and August each year, for three separate weeks of seven days each. The father shall give the mother notice of these weeks not later than June 15th each year. The pick up time by the father and the return time by the mother shall be by their agreement. (5) The father shall have Hunter and Blake every year from the Friday after Thanksgiving until Sunday evening at 5:30 p.m. even if it is not his rotational weekend which shall not otherwise change. He shall provide the mother one week advance t ft notice of the time on Friday when the children will be picked up. The mother shall return the children on Sunday evening. (6) The mother shall always have the children every Christmas Eve, Christmas Day, and December 26th. The father shall always have them every December 27th through noon on January 1St when the mother shall pick them up. The father shall provide the mother one week advance notice of the time on December 27th when the children will be picked up. (7) The mother and father shall discuss and agree to convenient times for each of them to have telephone contact with the children when they are with the other parent. By the-06u Edgar B. Bayley, J: ,etiacy Wolf, Esquire For Michelle Ann Daihl /alen Waltz, Esquire For Gregory Wayne Leh :sal A zy ;? ?,? ._ _- _??;; '• .? ifs r-- wa u- ?:.= C"3 MICHELLE ANN DAIHL, : IN THE COURT OF COMMON PLEAS formerly : CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ANN LEHMAN Plaintiff/Respondent v : CIVIL ACTION - LAW GREGORY WAYNE LEHMAN, : NO. 04 - 5143 CIVIL TERM Defend ant/Petitioner PETITION FOR CONTEMPT AND NOW, comes Defendant/Petitioner, Gregory Wayne Lehman, by and through his attorney, Galen R. Waltz, Esquire, and presents the following Petition for Contempt, representing as follows: 1. The Defend ant/Petitioner is Gregory Wayne Lehman, an adult individual residing at 281 Camp Strause Road, Fredericksburg, Pennsylvania, 17026. 2. The Plaintiff/Respondent is Michelle Ann Daihl, formerly Michelle Ann Lehman, an adult individual residing at 332 Old Sawmill Drive, Newburg, Cumberland County, Pennsylvania, 17240. 3. This Honorable Court entered a Custody Order on May 24, 2007, issued by the Honorable Edgar B. Bayley, attached as Exhibit "A" and incorporated herein as if fully set forth. 4. Specifically, Paragraph (4)(b) of the May 24, 2007 Custody Order states, "The father shall have temporary physical custody of Hunter and Blake: during June, July and August of each year, for three separate weeks of seven days each. The father shall give the mother notice of these weeks not later than June 15th each year. The pick up time by the father and the return time by the mother shall be by their agreement." 5. Petitioner provided to Respondent his three week vacation request in a written letter dated April 20, 2008 (attached as Exhibit B and incorporated herein as if fully set forth) and said written request was sent to Respondent via Certified Mail. 6. Respondent contacted attorney P. Richard Wagner which resulted in his May 29, 2008 communication mailed to the undersigned and that letter essentially complained that the Petitioner has not complied with the May 24, 2007 Custody Order. (Exhibit C attached and incorporated herein as if fully set forth). 7. A June 9, 2008 response letter was mailed to Attorney Wagner advising that the April 20, 2008 request was in compliance with the May 24, 2007 Order and described the three seven-day weeks in detail, evidencing the Petitioner's complete compliance with the controlling Custody Order. (Exhibit D attached and incorporated herein as if fully set forth). 8. A June 17, 2008 Attorney Wagner letter was provided to the undersigned wherein Ms. Daihl was identified within each of the first three paragraphs as Attorney Wagner's "client" (Exhibit E attached and incorporated herein as if fully set forth). 9. A June 25, 2008 response letter was forwarded to Attorney Wagner advising counsel that it was expected that the Respondent was to comply with the May 24, 2007 Order and the April 20, 2008 vacation date request. 10. Respondent defiantly advised Petitioner that "he wasn't getting the children" or words to that effect, without providing any justification or rationale for the denial prior to the June 25, 2008 written response letter to Attorney Wagner (Exhibit F attached and incorporated herein as if fully set forth). 11. Petitioner did receive the children for the June 12, 2008 Thursday vacation time that concluded on Thursday, June 19, 2008.. 12. On or about June 30, 2008 Petitioner advised Respondent telephonically that he fully expected the Respondent to comply with his July vacation request and that he would pick up the children at the Daycare Center on Tuesday, July 1, 2008 at or about 3:45 p.m.; Respondent advised Petitioner that she was "taking the children camping" or words to that effect and that the Respondent would not be receiving the children per his request. 13. Petitioner has adhered to the requirements of the May 24, 2007 Custody Order at every instance by providing Respondent with ample notice of his requested vacation weeks. 14. Respondent throughout these discussions never once advised the Petitioner of any pre-arranged plans until after receipt of the Attorney communication of June 25, 2008; and then the advisement was merely that Respondent was taking the children camping and that was provided on or about June 30, 2008. 15. A three-way telephone conference was initiated by the undersigned between Attorney Wagner, the undersigned, and the Honorable Judge Bayley was scheduled for July 1, 2008 at 1:15 p.m. ; for the first time, undersigned Counsel was advised that Attorney Richard Wagner was not the attorney of record for Ms. Daihl and although Attorney Wagner's June 17, 2008 letter indicates within it's first three paragraph references to "my [his] client", as a result, the three-way telephone conference was cancelled. 16. Petitioner appeared at the children's daycare provider on Tuesday, July 1, 2008, at or about 3:45 p.m. at the designated time to retrieve the children and Petitioner after traveling 72 miles was advised that the children were not at the daycare provider that entire day and after waiting for approximately 15 or 20 minutes at the daycare provider, Petitioner left without the children. 17. Respondent intentionally and knowingly refused to provide the children to the Petitioner for the previous advanced scheduled vacation that was to begin July 1, 2008. 18. Thus far, Respondent's belated, furtive formation of nondescript plans bears no other implication than bad faith machinations to obstruct conformity with the May 24, 2007 Custody Order and to further her relentless designs to alienate the children from Petitioner, their father. 19. Petitioner's pre-planned vacation and celebration with family was painfully thwarted by Respondents callous and defiant contemptuous acts. 20. Respondent failed to respond to the April 20, 2008 vacation request until a month and a half elapsed and then the Respondent's reply via Exhibit C did not provide any basis or justification relative to plans made by the Respondent prior to the April 20, 2008 listed vacation dates. 21. Even Respondent Attorney's June 17, 2008 last communication failed to indicate any justification for the Respondent's intentional, knowing and voluntary non- compliance with the May 24, 2007 Custody Order. 22. Respondent's conduct is not only spiteful towards the Petitioner but it rises to a level of most egregious form of contempt for this Honorable Courts Custody Order of May 24, 2007. 23. Concurrence of opposing Counsel for this petition was sought; however Counsel of record is on vacation until July 8, 2008. WHEREFORE, Petitioner respectfully requests that this Honorable Court find Respondent in contempt of the May 24, 2007 Custody Order and direct her to pay all reasonable costs and attorney fees relative to this petition, and all costs that were experienced by Petitioner who traveled from his workplace to the Daycare Center on July 1, 2008 and return trip home; Petitioner would also request that this Honorable Court levy a $500.00 fine upon the Respondent; the Petitioner also requests that this Honorable Court order the Respondent to provide the children into his custody for an additional week of vacation or if the Court finds it to be fair and just, to provide the children into the Petitioner's custody for the remainder of the summer allowing the Respondent to have alternating weekend custodial visits until September 1, 2008; finally, if the Court finds the conduct sufficiently obdurate and vexatious that the Respondent be cited in civil contempt and be provided a period of incarceration. Finally, any other relief that this Court deems to be just and fair should be respectfully provided in resolution of this matter. Respectfully submitted, Date en R. Wa , E re Turo Law Offic 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Petition For Contempt 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 Gre Wayn ehman MICHELLE ANN DAIHL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY WAYNE LEHMAN : 04-5143 CIVIL TERM ORDER OF COURT AND NOW, this 2M day of May, 2007, following a hearing on the merits on cross-petitions to modify a custody order, IT IS ORDERED: (1) All prior custody orders, ARE VACATED. (2) Michelle Ann Daihl and Gregory Wayne Lehman shall have joint legal custody of Hunter K. Lehman, born January 1, 2002, and Blake T. Lehman, born October 21, 2003. (3) The mother shall have primary physical custody of Hunter and Blake. (4) The father shall have temporary physical custody of Hunter and Blake: (a) Every other weekend on Friday after pre-school or school when he or his designee shall pick them up, until Sunday evening at 5:30 p.m. or Monday evening at 5:30 p.m. if Monday is a National holiday, when the mother or her designee other than the maternal grandfather shall pick them up. (b) During June, July and August each year, for three separate weeks of seven days each. The father shall give the mother notice of these weeks not later than June 15th each year. The pick up time by the father and the return time by the mother shall be by their agreement. (5) The father shall have Hunter and Blake every year from the Friday after Thanksgiving until Sunday evening at 5:30 p.m. even if it is not his rotational weekend which shall not otherwise change. He shall provide the mother one week advance notice of the time on Friday when the children will be picked up. The mother shall return the children on Sunday evening. (6) The mother shall always have the children every Christmas Eve, Christmas Day, and December 26th. The father shall always have them every December 27th through noon on January 1St when the mother shall pick them up. The father shall provide the mother one week advance notice of the time on December 27th when the children will be picked up. (7) The mother and father shall discuss and agree to convenient times for each of them to have telephone contact with the children when they are with the other parent. By the-.06u Edgar B. Bayley, Stacy Wolf, Esquire For Michelle Ann Daihl Galen Waltz, Esquire For Gregory Wayne Lehman :sal r A R® $ 7'' .iy?gtlyd3 ?J#II r??.? my hand P Pip th notag .? Greg Lehman 281 Camp Strause Rd. Fredericksburg, PA 17026 April 20, 2008 Michelle Daihl 232 Old Sawmill Drive Newburg, PA 17240 Michelle: As stated in our custody agreement dated May 24, 2007, the dates I have chosen to have Hunter and Blake for three separate weeks in June, July and August 2008 are as follows: June 12 -19, 2008 July 1-8, 2008 August 9-16, 2008 Please consider this your formal notice. Please call me to discuss pick up and return times. sin y, Greg Lehman cc: Attorney Galen Waltz file ,A LAW OFFICES MANCKE, WAGNER, SPREHA & MCQUILLAN 2233 NORTH FRONT STREET JOHN B. MANCKE HARRISBURG, PA 17110 PHONE (717) 234-7051 P. RICHARD WAGNER FAX (717) 234.7080 EDWARD F. SPREHA, JR. BRYAN M. MCQUILLAN May 29, 2008 Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 Re: Daihl v. Lehman Dear Galen: Michelle Daihl has contacted our office concerning the Order of May 24, 2007 and the request that your client made April 20, 2008. His request, while appearing to be in compliance with the §4(b), really does not comply with the Order. If he is to receive the three dates, then they will be for a seven day period each, and are not to be added to weekends either before or after the seven day period. Section 4(b) specifically says, "separate weeks of seven days each," not ten days. Therefore, the weeks takes priority over §4(a) of every other weekend, thereby limiting your client to a seven day period. Please confirm that your client will comply with the same, particularly in light of the fact that June 12`I' will be within the next two weeks. Your attention is appreciated. Sincerely, P. Richar agner PRW/dks cc: Ms. Michelle Daihl Turo Law Offices www.TuroLaw.com RON TORO, Esquire - Of Counsel GALEN R. WALTZ, Esquire JAMES M. ROBINSON, Esquire MICHAEL R. SMITH, Esquire LORIN A. SNYDER, Esquire June 9, 2008 P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2223 North Front Street Harrisburg, PA 17110 VIA FACSIMILE: 717-234-7080 RE: Daihl v Lehman: vacation notice Dear Richard: 28 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 Your May 29, 2008 letter was received by me on Tuesday, June 3, 2008. After reviewing your letter with my client, it appears that Michelle Daihl received the vacation request from my client on or about April 20, 2008. She then waited for a week and a half prior to the vacation request time to direct a response to my client's timely notice for vacation time. Unfortunately, Michelle's delay is consistent with her response to the 2007 vacation request wherein we were forced to prepare a Petition for Contempt but prior to its filing, Michelle agreed to a resolution. As you know, my client's request for June 12, 2008 begins on a Thursday and it is to conclude on the 19th of June, a Thursday. That is a seven-day interval, not the "ten-days" indicated at the fourth paragraph of your letter. The July vacation that my client requested is scheduled to begin Tuesday, July 1, 2008 and end Tuesday, July 8, 2008; again, my client has only consumed seven days in his request, not ten. Finally, my client has requested the date from August 9th, Saturday, 2008 to August 16, Saturday, 2008. My client was restricted to a Saturday to a Saturday term since the house that he is renting for the vacation is only rented from Saturday to Saturday. In fact, my client has agreed not to pick up the children Friday, August 8, 2008 which is actually his custody weekend and he has relinquished that part of his weekend in order that he could comply with the Order's 7-day limitation. 111L AVOLL" OMM-11 P. Richard Wagner, Esquire Page 12 June 9, 2008 Of additional note, it is important to recognize that my client is in the Army and in advance of May 16, 17, & 18th, 2008 my client advised Michelle, and she agreed, to retain custody of the children during the aforesaid weekend, a weekend dedicated to the father. Furthermore, Michelle agreed to make up that weekend's custody of the children to Greg by providing a future makeup weekend. Michelle needs to arrange to provide the children to Greg for a weekend of hers in order to make up for that extra weekend that the parties mutually agreed upon in May, 2008. In response to your fifth paragraph, it is my opinion that my client is going out of his way to limit the vacation to the seven days described in the governing May 24, 2007 Custody Order. Therefore, I am requesting that you confirm that your client will comply in a timely manner with my client's April 20, 2008 vacation request schedule without disruption. Awaiting your response. Galen R. ?Waltz-,-E-fquir( GWaltz TuroLaw.com cc: Greg Lehman JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA, JR. BRYAN M. MCQUILLAN LAW OFFICES MANCKE, WAGNER, SPREHA & MCQUILLAN 2233 NORTH FRONT STREET HARRISBURG, PA 17110 PHONE (717) 2347051 FAX (717) 2347080 June 17, 2008 Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 Re: Daihl v. Lehman Dear Galen: Your recent letter concerning my client has been reviewed. Please note the Order requires the agreement of Mom on any of the three (3) weekends that your client selects. She tells me that she has advised your client will in advance that those times are not appropriate, and therefore, while we will work with you in establishing the three (3) weeks that you want, at this particular juncture, they are not agreeable to my client. Also, please instruct your client not to threaten my client with arrest or contempt under this set of circumstances. Your attention is appreciated. Sincerely, i."" chard Wagner PRW/dks cc: Ms. Michelle Daihl Turo Law Offices www.TuroLaw.com RON TURD, Esquire - Of Counsel GALEN R. WALTZ, Esquire JAMES M. ROBINSON, Esquire MICHAEL R. SMITH, Esquire LORIN A. SNYDER, Esquire 28 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 FILE COF June, 2008 P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 VIA FACSIMILE: 717-234-7080 RE: Daihl v Lehman Dear Richard: After reviewing your June 17, 2008 letter,. I disagree with your second sentence that states "please note the Order requires the agreement of Mom of any of the three (3) weekends that your client selects." The May 24, 2007 Order specifically states at paragraph 4b "During June, July, and August each year, for three separate weeks of seven days each[.] the father shall give the mother notice of these weeks not later than June 15th each year. The pick-up time by the father and the return time by the mother shall be by their agreement." As you can determine, the only mutual agreement in Judge Bayley's Order is the "pick-up time by the father" and "return time by the mother". Nowhere in paragraph b does it indicate that the three separate weeks of the father require mutual agreement of the parties. Even if I were to credit an interpretation that the three weeks required mother's agreement, I need point out the following: 1. Father provided the dates on or about April 20, 2008 well in advance of the June 15 deadline fixed by the Honorable Judge Bayley. 2. At no time did mother attempt to, either verbally, in writing, or through her attorney not only choose which vacation date request was a conflict for her but also she failed to indicate that there was a conflict and what that conflict actually was. P. Richard Wagner, Esquire Page 2 June 25, 2008 It seems to me that my client's reasonable request and reasonable times have only been met by unreasonable blanket statements without explanation by your client. Furthermore, your second paragraph was confusing to my client. You indicate that "we will work with you in establishing the three (3) weeks that you want" which implies that my client's three week vacation request is accepted; however you further state that "at this particular juncture, they are not agreeable to my client." which impliedly seems to me that your client is accepting of the three weeks although she disagrees with the process. Regardless, I have instructed my client that he has followed the Judge's Order exactly as it has been drafted and recorded. As for your third paragraph, my client has been advised to certainly not threaten your client with arrest which he is already aware of; I also advised him that contempt charges will be levied when appropriate and he agrees. However, it appears that any comments made between my client and yours were not threats but merely a response to your client who stated after my response letter to you "What are you going to do, file another contempt charge?" or words to that effect. It appears that any response by my client, if there was a response indeed, would have justifiably arisen following the antagonistic and provoking comments by Ms. Daihl. Regardless, I have advised my client to secure his children for the remaining two requested vacations and it is expected that your client will comply with those requests. Sincerely, Galen R. Waltz, EsquirE GWaltzta'-.TuroLaw.com cc: Greg Lehman TRANSMISSION VERIFICATION REPORT TIME : 07/01/2008 10:20 NAME : TURO LAW FAX : 7172452165 TEL : 7172459688 SER.# : 000B5J451046 DATE DIME 07/01 10:18 FAX N0./NAME 2406462 DURATION 00:01:52 PAGE(S) 07 RESULT OK MODE STANDARD ECM CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the foregoing Petition For Contempt by depositing same in the United States Mail, first class, postage pre-paid on the second day of July, 2008, from Carlisle, Pennsylvania, addressed as follows: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Michelle Ann Daihl 332 Old Sawmill Drive Newburg, PA 17240 TURO LAW OFFICES PKen R. Walt?"squir 28 South Pitt Stre Carlisle, PA 1701 (717) 245-9688; FAX 717.245.2165 lp. Cl) s -, Ll- cx=? N MICHELLE ANN DAIHL FORMERLY IN THE COURT OF COMMON PLEAS OF MICHELLE ANN LEHMAN PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-5143 CIVIL ACTION LAW GREGORY WAYNE LEHMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, July 11, 2008 , 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, August 12, 2008 at 9:00 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/ 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 Disabil.ites 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'?4W * /?a? 00 4 6 P C7 71 goon MICHELLE ANN DAIHL, Plaintiff, V. GREGORY WAYNE LEHMAN, Defendant. TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN'T'Y, PENNSYLVANIA : NO: 04-5143 CIVIL ACTION -LAW : IN CUSTODY PRAECIPE Please withdraw the appearance of the undersigned as counsel for the Plaintiff, Michelle Ann Daihl, in the above-captioned matter. acy W , Esquire t iof I.D. # 7 Please enter the appearance of the undersigned as counsel for the Plaintiff, Michelle Ann Daihl, in the above-captioned matter. Date: ! . t)-- ox Respectfully submitted, Mancke, WagWr, Spreha & McQuillan By P. Ricr^agner, Esquire I.D03 22 orth Front Street Harrisburg, PA 17110 (717) 234-7051 C) i11 77, _n _ N C w? °-C r SEP 4 ?0 LJLd cv? 0 9 MICHELLE ANN DAIHL F/K/A MICHELLE ANN LEHMAN Plaintiff V. GREGORY WAYNE LEHMAN Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-5143 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this 2 day of September 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Father's Petition for Contempt is hereby held in ABEYANCE and the prior Order of Court dated May 24, 2007 shall remain in full force and effect with the following modifications. 2. Exclusive to June, July and August 2009, Father shall have seven (7) consecutive days of vacation with the Children in two of the three months and in one of the three months, Father shall have ten (10) consecutive days with the Children. The Father shall give the Mother thirty (30) days advance notice of the requested dates and this vacation time shall supersede the regular physical custody schedule. If Father is spending time with the Children at a location other than his residence, Father shall provide Mother with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. 3. In order for Father to be further made whole for his loss of one week in July 2008, Father shall have physical custody of the Children two (2) extra weekends from Saturday until Sunday in 2009. One of these extra weekends shall be taken between January and May 2009 and the other weekend shall be taken between September and December 2009. The Father shall give the Mother thirty (30) days advance notice of the requested dates and these extra weekends shall supersede the regular physical custody schedule but not supersede the established/agreed to holiday schedule. 4. By agreement to obviate the necessity of a contempt hearing, Father shall have physical custody of the Children two (2) extra weekends from Friday until Sunday. One of these weekends shall be taken by Father in 2008 and the other weekend shall be taken by Father in 2009. The Father shall give the Mother thirty (30) days advance notice of the requested dates and these extra weekends shall supersede the regular physical custody schedule but not supersede the established/agreed to holiday schedule. .e16 5. Additionally, Father switched weekends with Mother in May 2008 due to work obligations and as such, Father shall have physical custody of the Children for a "make-up" extra weekend pursuant to the days and times set forth in the May 24, 2007 paragraph 4(a). The Father shall give the Mother thirty (30) days advance notice of the requested date and this extra weekend shall supersede the regular physical custody schedule but not supersede the established/agreed to holiday schedule. 6. From the date of this Order until further Order of Court or mutual agreement otherwise, the Father shall give the Mother thirty (30) days advance notice of the requested vacation dates in the summer and these periods of time shall supersede the regular physical custody schedule 7. The parties have agreed that the additional periods of custody in this Order that is in excess of what was directed on May 24, 2007 shall not be construed as precedential. 8. This Order is entered pursuant to a 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, ? -,Xc Cc: Richard Wagner, Esq. Galen Waltz, Esq. John J. Mangan, Esq. J. -,? AIN 9s .8 WV I -130 8001 MICHELLE ANN DAIHL F/K/A MICHELLE ANN LEHMAN Plaintiff V. GREGORY WAYNE LEHMAN Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-5143 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Hunter K. Lehman 01/01/2002 Primary Mother Blake T. Lehman 10/21/2003 Primary Mother 2. Multiple Court Orders have been entered in this matter and after a hearing on the merits to modify the custody situation, an Order of Court was issued May 24, 2007. 3. Father filed a Contempt Petition and a conciliation conference was held on September 24, 2008 with the following individuals in attendance: The Mother, Michelle A. Daihl, with her counsel, Richard Wagner, Esq. The Father, Gregory W. Lehman, with his counsel, Galen R. Waltz, Esq. 4. Following the conciliation conference, the parties have amicably resolved the allegations at issue in the Contempt Petition, for now. 5. The parties have agreed that the additional periods of custody in excess of what was directed on May 24, 2007 in the Order as attached shall not be construed as precedential. 6. The parties have agreed, and the undersigned recommends, to the entry of an Order in the form as attached. Date: S? John gan, Esq ' e Custody Conciliator -