HomeMy WebLinkAbout01-6994 NM 4.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID E. LENHART, SR, )
rri C7"
Plaintiff ) '-1-'
)
-< ry -
V. ) No. ZOO t• ( a 4 LA r _
BARBARA JEAN MURPHY, )
Defendant )
Petition For Waiver Of Costs
1. I am the Defendant in the above matter and because of my financial condition, I am unable
to pay the fees and costs of prosecuting or defending this action or proceeding.
2. I am unable to obtain funds from anyone,including my family and associates,to pay the
costs of litigation. I represent that the information below relating to my ability to pay the fees and
costs is true and correct:
(A) NAME: BARBARA JEAN MURPHY
ADDRESS: 1193 New Franklin Rd, Chambersburg, Pa 17202
(B) EMPLOYMENT:
If you are presently employed, state:
EMPLOYER: Berk And Beyond
ADDRESS: 1909 Ritner Highway, Carlisle, PA 17013
SALARY OR WAGES PER MONTH: $ 215
TYPE OF WORK: Warehouse Associated
If you are presently unemployed, state:
DATE OF LAST EMPLOYMENT:
SALARY OR WAGES PER MONTH:
TYPE OF WORK:
(C) OTHER MONTHLY INCOME WITHIN THE LAST TWELVE(12)MONTHS:
BUSINESS OR SELF-EMPLOYMENT: $ 0
INTEREST OR DIVIDENDS: $ 0
Petition for Waiver of Costs Page 2 of 4
PENSION OR ANNUITIES: $ 0
SOCIAL SECURITY OR S.S.I.: $ 0
SUPPORT: $ 0
UNEMPLOYMENT COMPENSATION: $ 0
WORKER'S COMPENSATION: $ 0
WELFARE: $ 347 (Cash: only received
food stamps)
OTHER(Please specify): $ 0
(D) OTHER MONTHLY CONTRIBUTIONS TO HOUSEHOLD SUPPORT:
SPOUSE'S NAME (if living together): (Not applicable)
If your spouse is employed, state:
EMPLOYER:
SALARY OR WAGES PER MONTH:
TYPE OF WORK:
CONTRIBUTIONS FROM CHILDREN: (None)
CONTRIBUTIONS FROM PARENTS: (None)
OTHER CONTRIBUTIONS: (None)
(E) PROPERTY OWNED:
CASH: (None)
CHECKING ACCOUNT: $ 10
SAVINGS ACCOUNT: $ 5
CERTIFICATES OF DEPOSIT, STOCKS,BONDS: (None)
REAL ESTATE/HOME: (None)
MOTOR VEHICLE:
Year Make and model Cost Amount
still owed
2002 Chevy Alvanche $ 8,000 $ 1,000
1992 Ford F150 Pickup $ 400 $ 0
OTHER: $ ( )
(F) DEBTS AND OBLIGATIONS PER MONTH:
MORTGAGE/RENT: $ 565 WATER/SEWER: $ 0
ELECTRIC: $ 180 TELEPHONE: $ 160
OIL/GAS/HEAT: $ 0 CABLE: $ 89
FOOD: $ 700 CLOTHING: $ 50
Petition for Waiver of Costs Page 3 of 4
.
CHILD SUPPORT: $ 300 CHILD CARE: $ 0
TRANSPORTATION: $ 0 MEDICAL EXPENSES: $ 0
LOAN PAYMENTS: $ 0 CREDIT CARD PAYMENTS: $ 0
INSURANCE: $ 0 MISCELLANEOUS: $ 110
(G) PERSONS DEPENDENT UPON YOU FOR SUPPORT:
CHILDREN(STATE NAMES AND AGES):
Name Age
David E. Lenhart, Jr 17 years
OTHERS (STATE NAME,AGE AND RELATIONSHIP):
Name Age Relationship
(None)
3. I understand that I have a continuing obligation to inform the court of any improvement in
my financial circumstances which would permit me to pay the cost incurred with this case.
4. I verify that the facts stated in the foregoing Petition are true and correct to the best of my
knowledge, information and belief. Petitioner understands that false statements therein are
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
Date: l- 2- ?Q��J�Ltib �a t rY A
BARBARA JEAN MURPH , D dant
Petition for Waiver of Costs Page 4 of 4
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID E. LENHART, SR, )
Plaintiff )
V. ) No. zoo' - (o 9 q y
BARBARA JEAN MURPHY, ) -< ry _
Defendant i7 < :i
c
Petition for Modification
1. Petitioner is Defendant, BARBARA JEAN MURPHY, who currently resides at
1193 New Franklin Rd, Chambersburg, Franklin County, PA 17202.
2. Respondent is Plaintiff, DAVID E. LENHART, SR, who currently resides at
1954 Sheepford Rd , Mechanicsburg, Cumberland County, PA 17055.
3. Petitioner and Respondent are the natural parents of the following child:
Name Age
DAVID E. LENHART, JR 17 years
4. A custody order was entered on February 8, 2010, in the Cumberland County
Court of Common Pleas. A copy of the custody order is attached.
5. Petitioner seeks to modify the custody order because: Child has been residing with
me for the last 3 months and father has showed no interest in getting child back until a child
support order has come in effect. This has been a repeat of past history with having nothing to do
with child until support comes into effect. Child is being verbally and mentally abused by father
and stepmother. Father gets loud and in face of my son and he is afraid to be there. Father also
has taken over$3,500 from child under conditions that he would fix the truck and be receiving
the truck in return,but which the father drives now. Money has also been stolen out his wallet
while in the shower or asleep. Father has be belittling his mother, friends and other family
members. Child is very unhappy and starting to show signs of depression and other emotional
issues. Child takes medication for school due to ADD disorder, when child left his fathers he
Petition for Modification Page 3 of 5
wouldn't let him have any of his personal property unless I the mother bought it and wouldn't
give child or myself his medications for school until I called the Doctor.
6. Petitioner believes the custody order should be changed as follows: We currently
have joint custody with his father is to have physical custody during the school year which I
agreed to cause of were my life was at the time. I/child would like for child to switch back to I
the mother having full primary physical custody. At this time child may agree to supervision
visitation with father.
WHEREFORE, Petitioner respectfully requests that this Court modify the Order as
requested.
Date: 1 - Z-) J
4 j (1 A-1000 A _k_011‘. Y t
BARBARA JEAN MURPHY, De end
Verification
I, BARBARA JEAN MURPHY, Defendant, verify that the facts stated in the foregoing
Petition are true and correct to the best of my knowledge, information and belief. Petitioner
understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. 4904
relating to unsworn falsification to authorities.
Date: 1 - L-11-1 /u Div zi d_ o 'l _
BARBARA JEAN MURPHY, Def d
TU
Petition for Modification Page 4 of 5
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 July 29, 2011, with
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 Oler,Jr. previously entered Orders of Court
dated February 8, 2010 and May 2, 2011 providing for shared legal custody, Farther
having primary physical custody with Mother having alternating Saturdays and Sundays
and one evening per week.
4. The parties agreed to an Order in the form as attached.
Date: e-/- V
ac eline M. Verney, Esquire `�
Custody Conciliator
.t
DAVID E. LENHART, SR., • IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. • NO. 2001-6994 CIVIL TERM
BARBARA J. LENHART, CIVIL ACTION-LAW
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this ay of J'E , , 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
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 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.
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.
I
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 piffles 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,
/ A &LA.
J./ -sley Oler, J . J,
TRUE COPY FROM RECORD
In Testimony whereof, !herd urto set my hand
and the,slik!of said at C^ rise.
This. `t'' ey of ,2G
Z'° -ror
it
CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into this '.:;1"&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
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
night;-an t e ike.
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 shalrhave physical custody of the child on Thanksgiving rom 4 - —
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 Sheriffs Department.
Y
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.
-7) \ 1 . --1"-- -7- i(4,,..A A7---
Barbara J. Lenhart j.f f f (3 .f.tyz., David E. Lenhart, Sr.
JP ,,/ Af# fri
itli
-- .,ne-Adar s-E-squire----- - _._ Mi ae Alherer, Esquire _.. ----
J Attorney for Mother Attorney for Father
To
04.6, Ls.„Nr,p,(-\- Sr IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
•
Vs : No..ZOOI— 6 `II/ CIVIL TERM
•
c5l001--0. J.aCLt\ ` 1 `u,c-,o)i , CIVIL ACTION - LAW
Defendant : IN CUSTODY
CRIMINAL RECORD/ABUSE HISTORY VERIFICATION
1,'" ,:).&004-ex J N., :n Mir pklA , hereby swear or affirm, subject to penalties of
law including 18 Pa. C.S. § 4904 relating to'nsworn falsification to authorities that:
1. Unless indicated by my checking the box next to a crime below, neither I nor any other
member of my household have been convicted or pled guilty or pled no contest or was
adjudicated delinquent where the record is publicly available pursuant to the Juvenile
Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially
equivalent crime in any other jurisdiction, including pending charges:
Check Crime Self Other Date of Sentence
all that household conviction,
apply member guilty plea, no
contest plea or
pending charges
7 18 Pa.C.S. Ch. 25 r r
(relating to criminal
homicide)
I— 18 Pa.C.S. §2702 r
(relating to aggravated c. !u
assault) —,— °'
18 Pa.C.S. §2706 r n,
(relating to terroristic tv .,
threats)
,--- c
E 18 Pa.C.S. §2709.1 r r -
(relating to stalking)
r 18 Pa.C.S. §2901 IT r
(relating to kidnapping)
•
4
IT 18 Pa.C.S. §2902 r
(relating to unlawful
restraint)
18 Pa.C.S. §2903 r- r-
(relating to false
imprisonment)
IT 18 Pa.C.S. §2910 r,� "-• r-
(relating to luring a
child into a motor
vehicle or structure)
�- 18 Pa.C.S. §3121 r F
(relating to rape)
18 Pa.C.S. §3122.1 r IT
relating to statutory
sexual assault).
IT 18 Pa.C.S. §3123
(relating to involuntary
deviate sexual
intercourse).
18 Pa.C.S. §3124.1
(relating to sexual
assault)
18 Pa.C.S. §3125 r-T IT
(relating to aggravated
indecent assault)
18 Pa.C.S. §3126 IT IT
(relating to indecent
assault)
18 Pa.C.S. §3127
(relating to indecent
exposure)
18 Pa.C.S. §3129 r I--
(relating to sexual
intercourse with animals)
r 18 Pa.C.S. §3130 I r
(relating to conduct
relating to sex
offenders)
18 Pa.C.S. §3301 I
(relating to arson and
related offenses)
IT 18 Pa.C.S. §4302 IT IT
(relating to incest)
18 Pa.C.S. §4303 r-
(relating to concealing
death of child)
�- 18 Pa.C.S. §4304 IT IT
(relating to endangering
welfare of children)
18 Pa.C.S. §4305 r IT
(relating to dealing
in infant children)
18 Pa.C.S. §5902(b)
(relating to prostitution
and related offenses)
18 Pa.C.S. §5903 IT
(c) or(d)
(relating to obscene
and other sexual materials
and performances)
18 Pa.C.S. §6301 IT IT
(relating to corruption
of minors)
18 Pa.C.S. §6312 7 r
(relating to sexual
abuse of children)
18 Pa.C.S. §6318 IT
(relating to unlawful
contact with minor)
18 Pa.C.S. §6320 IT
(relating to sexual
exploitation of children)
23 Pa.C.S. §6114 FT
(relating to contempt for
violation of Protection
order or agreement)
Driving under the FT
influence of drugs
or alcohol
Manufacture, sale, F r—
delivery, holding,
offering for sale or
possession of any
controlled substance or
other drug or device
2. Unless indicated by my checking the box next to an item below, neither I nor any other
member of my household have a history of violent or abusive conduct including the
following:
Check Self Other Date
all that household
apply member
A finding of abuse by a Children &Youth IT
Agency or similar agency in Pennsylvania
or similar statute in another jurisdiction
Abusive conduct as defined under the IT r
Protection from Abuse Act in
Pennsylvania or similar statute in
another jurisdiction
Other:l l A'C prokjcit- on
3. Please list any evaluation, counseling or other treatment received following conviction
or finding of abuse: ■\ d- ertArLoW 4- 4.0 he 1Q arewm C(enrY1110/Jckc(
�cx (DV\• -AL; \z,y4c por n41'ne Lacs n.5 • r c) . lice
rwq,r cyyt c:-.A,�q {,�i ` S�r'rG
O ac �(),Cwc . U
4. If any conviction above applies to a household member, not a party, state that person's
name, date of birth and relationship to the child :
5. If you are aware that the other party or members of the party's household has or have a
criminal /abuse history, please explain:
I verify that the information above is true and correct to the best of my knowledge
information or belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
0..k.b9.5a. c�9
Signature
-)Oar \ara
Printed Name
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID E. LENHART, SR, )
Plaintiff )
v. ) No. Z 00V-_ la q
)
BARBARA JEAN MURPHY, )
Defendant )
ORDER OF COURT
AND NOW, this 7 day of v► (/4,4.4 00.a,
it is hereby ORDERED that BARBARA JEAN MURPHY,the above-named Defendant,be
GRANTED leave to proceed in forma pauperis in the above action. At this time,Defendant is
relieved from paying the initial filing fees and costs only. Defendant shall promptly notify the
Court of any material change in income or financial condition during the pendency of this action.
BY THE COURT:
A
J.
CO. rk2.7) t. Cr"- ? .
1\-/ s
itYA 4(
Petition for Waiver of Costs Page 1 of 4
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DAVID E. LENHART, SR, )
Plaintiff �/ I
No. ODI— 6 / CO Ci
BARBARA JEAN MURPHY, ) = f
Defendant ) LO�/i 4.n
Certificate Of Service
I, BARBARA JEAN MURPHY, Defendant in the above matter,hereby certify that on?-
Q(\
u c( ? c')\U , I mailed a true and correct copy of the Petition for
Modification andetition for Waiver of Costs,by certified mail,return receipt requested,
restricted delivery, and another copy of the same documents by first class mail,postage prepaid,
to:
DAVID E. LENHART, SR
1954 Sheepford Rd
Mechanicsburg, PA 17055
I certify that(check ALL of the following which are true):
Certified mail:
[X] The green and white sender's receipt is attached. (ATTACH receipt.)
[i The green recipient's receipt is attached; DAVID E. LENHART, SR signed the certified
mail receipt on,iat1u p c 3 Z Ol Li (ATTACH receipt.)
[ ] The certified mail was returned to me unsigned, with the notation that the certified mail
was: [ ] refused
[ ] unclaimed
[ ] other notation:
[ ] Neither the certified mail envelope nor the certified mail receipt was returned to me.
Regular mail:
[1(] The regular mail has not been returned to me.
[ ] The regular mail was returned to me, with the notation:
Certificate of Service Page 1 of 3
I verify that the information in the Certificate of Service is true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to
unworn falsification to authorities.
Date:_ 1 — I - VA 1.4... k !t ,i II A
(Signature)BARBARA JEAN •ii A
STAPLE OR TAPE THE CERTIFIED MAIL RECEIPTS BELOW:
U.S. Postal Service,.
CERTIFIED MAILTM RECEIPT '4
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PS Forrn.3800 August 2006 See Reverse for instructions
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S .NDER: COMM t If i HI ki,(.710N MZIjVJU
U Complete items 1,2,and 3.Also complete A. Signature 4
item 4 if Restricted Delivery is desired. 1:1 Agent ' 1
• Print your name and address on the reverse )('- ,-;100Z-.....?-- 0 Addressee I
'so that we can return the card to you. 8. Received by(Printed Name) C. Date of Delivpry
• Attach this card to the back of the mailpiece,
or on the front if space permits. 12-,04 L.en/440,./
1. Article Addressed to: D. Is delivery address differen . 1? .7 . s
If YES,enter delivery ad. r. .- . 0 ..
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2. Article Minter ' ' " " ' '' 1 ' '' '" '
(Transfer from amine 7013 1710 0000 6459 3579 .
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
Certificate of Service Page 2 of 3
DAVID E. LENHART, SR. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAI ; c`
V.
2001-6994 CIVIL ACTION LAW u,c _
-<�
BARBARA JEAN MURPHY ;'
IN CUSTODY
DEFENDANT '
ORDER OF COURT
AND NOW, Friday,January 10,2014 , 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 Tuesday, February 04,2014 1:30 PM
for a Pre-}-Tearing 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.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court (including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT.
By: /s/ jaequeline M. Verney, Esq.
Custody Conciliator ��r,
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 TEL,F.,PHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
tLCumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
�lt�p Telephone (717) 249-3166
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6
DAVID E.LENHART, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA e
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V. : NO.2001-6994 CIVIL ACTION- t
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BARBARA J.(LENHART)MURPHY,: ccn r �:O
Defendant : IN CUSTODY ' o CD I
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ORDER OF COURT 3> —'t
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AND NOW,this day of ��r �� , 2014, upon
consideration of the attached Custody Conciliation Repo/t, it is ordered and directed as
follows:
1. A pretrial conference with the assigned Judge is hereby scheduled in the
above case on the 19-�' day of L , 2014 at " O 6 jo .m. in
courtroom number L of the Cumberland County Courthouse. The parties
are directed to proceed with filing a pretrial statement with the Court and the other party
consistent wit Pennsylvania R le f Ci�i P� rz c�4. a.21tQ
2. A Hearing is scheduled in Court Room No. , of the Cwnberland
County Court House, on the ?3 day of , 2014, at 25,36
o'clock, 4 . M., at which time testimony will e taken. For purposes of this Hearing,
Father shall be deemed to be the moving party and shall proceed initially with testimony.
3. Pending the hearing, the prior Orders of Court of the Honorable J. Wesley
Oler, Jr. dated February 8, 2010, May 2, 2011, August 2, 2011 and September 26, 2011
shall remain in full force and effect.
4. 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: Barbara Jean Murphy, pro se
1193 New Franklin Road
Chambersburg, PA 17202
Michael A. Scherer, Esquire, Counsel for Father
LCCL
a��Y
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)MURPHY,:
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 Mother
2. A Conciliation Conference was held in this matter on February 4, 2014,
with the following in attendance: The Mother, Barbara Jean Murphy,pro se, and the
Father, David E. Lenhart, Sr., with his counsel, Michael A. Scherer, Esquire.
3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court
dated February 8, 2010, May 2, 2011, August 2, 2011 and September 26, 2011 providing
for shared legal custody, Father having primary physical custody during the school year
with Mother having alternating weekends; and, during the summer, Mother having
primary physical custody with Father having alternating weekends.
4. Mother's position on custody is as follows: Mother seeks shared legal
custody and primary physical custody, with Father having alternating weekends. The
child will turn 18 on June 19, 2014. Mother asserts that the child wishes to reside
primarily with her. She reports that the child feels demeaned by Father and his wife and
is mentally abused by them. The child paid for a vehicle that Father refuses to turn over
to him. The child is in 10th grade and has a job. Although Mother lives in
Chambersburg, she stays with her Mother in Mechanicsburg during the week so the child
can continue to attend Cedar Cliff High School. The child has been residing with Mother
primarily since November according to Mother, since December according to Father.
Mother asserts that Father opposes Mother's primary physical custody because of child
support consequences.
5. Father's position on custody is as follows: Father seeks to maintain the
status quo with him having primary physical custody during the school year. Father
asserts that child wants to live with Mother because she lets him spend overnights at his
girlfriend's home. Father asserts that the child did poorly in school and had truancy
issues until Father obtained primary physical custody in 2009-2010. He asserts that the
child is not currently turning in homework and his attendance is declining since residing
with Mother. Father suggests that Mother has criminal matters pending.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing, and maintaining the status quo. It is expected that the Hearing will require one
day.
Date ac eline M. Verney, Esquire
Custody Conciliator
DAVID E. LENHART, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
BARBARA J. MURPHY,
Defendant : NO. 01-6994 CIVIL TERM
ORDER OF COURT
AND NOW, this 12th day of March, 2014, the plaintiff
having appeared with counsel for the prehearing conference as
scheduled by our Order of Court dated February 10, 2014, but the
defendant having failed to appear or notify the Court as to her
inability to appear, we direct the parties, if a resolution is
not otherwise reached, to attend a hearing scheduled for April
23, 2014, at 8:30 a.m. We further direct the party who may have
physical custody of the child at that time to bring the child to
the hearing. Finally, we direct the defendant to contact
counsel for the plaintiff within seven days of the date of this
order to engage in negotiations in general regarding a
resolution and to specifically discuss emancipation of the
child.
By the Court,
Albeit H. Mas1nd,
-.4-iChael A. Scherer, Esquire
For Plaintiff
.../‹albara Jean Murphy
1193 New Franklin Road
Chambersburg, PA 17202
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C7,1
DAVID E. LENHART, SR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BARBARA J. MURPHY,
Defendant NO. 01 -6994 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of April, 2014, the parties
having convened for a hearing regarding the custody of their
minor child, David E. Lenhart, Jr., who will turn 18 years old
in June of 2014, and the parties having discussed the welfare
and needs of the child between themselves and with the child,
and with the recognition of the preference of the child, the
parties agree as follows:
1. The parties shall share both legal and physical
custody of their child.
2. The parties have expressed the intentions
regarding support and the Court will issue, accordingly, a
separate order which shall remit any balances owed by the
parties.
3. The parties have expressed their intentions to
make available the sum of $200.00 per month from this point
forward until agreed otherwise for the health, education, and
welfare of the child.
Michael A. Scherer, Esquire
For Plaintiff
- arbara Jean Murphy
1193 New Franklin Road
Chambersburg, PA 17202
prs
By the Court,
2°777e
Al ert H. Masl nd, J.
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