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HomeMy WebLinkAbout05-4495NATALIE A. O'BRIEN, Plaintiff V. CHAD S. LESHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. O-r, Y'f 9s' C cc? 7-, IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Natalie A. O'Brien, an adult individual residing at 821 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Chad S. Lesher, an adult individual residing at 2905 Winchester Drive, Unit 508, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Address Date of Birth Austin Stewart Lesher 821 Highland Court March 8, 1996 Mechanicsburg, PA Madison Taylor Lesher 821 Highland Court January 19, 2001 Mechanicsburg, PA 4. The children were born in wedlock. The children are presently in the custody of Natalie A. O'Brien, residing at 821 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 5. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Dates Natalie A. O'Brien and 3925 Acorn Lane August 2000 to Chad S. Lesher McKinney, TX 75070 September 23, 2003 Natalie A. O'Brien and 6905 Coronado Dr. Chad Lesher McKinney, TX75070 September 23, 2003 to October 16, 2004 Natalie A. O'Brien 821 Highland Court October 16, 2004 Mechanicsburg, PA to present 6. The mother of the children is currently residing at 821 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania. She is married. 7. The father of the children is currently residing at 2905 Winchester Drive, Unit 508, Camp Hill, Cumberland County, Pennsylvania. He is married. 8. The relationship of Plaintiff to the children is that of mother. Plaintiff currently resides with the following persons: Austin S. Lesher and Madison Taylor Lesher, children. 9. The relationship of Defendant to the children is that of father. Defendant currently resides with the following persons: None. 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 11. Plaintiff has no information of a custody proceedings concerning the children pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by entering an order of custody as the parties have been unable to communicate and establish an acceptable custody schedule. Plaintiff proposes the parties share legal -2- custody and that she serve as the primary physical custodian of the children with rights of partial custody to Defendant. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant her shared legal custody and primary physical custody of the children. McNEES WALLACE & NURICK LLC By D Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 2.37-5297 Attorneys for Natalie A. O'Brien Dated: August, 2005 -3- VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Natalie A. Lesher ? ? Dated: 8 )'q_O kft?, 0 CERTIFICATE OF SERVICE AND NOW, on this 31 st day of August, 2005, 1 hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 4,A, , fa,'_j ela L. rdy `? ?.? ?R ? .? V? Nll V "_.,,?? ? a r "" v? .-i 7.. ? -r? ? {i1 r`" V ? -Cl iiD ? ? J •? ?G it "??- f ? ?? "-1 C7 .-? C?`1 NATALIE A. O'BRIEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4495 CIVIL ACTION LAW CHAD S. LESHER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 08, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove's 1901 State St., Camp Hill, PA 17011 on Friday, October 14, 2005 at 11:00 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greem Esg. y' 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 tiU ail a0 ?i f-01, NATALIE A. O'BRIEN, Plaintiff V. CHAD S. LESHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OE-41,YgS L/vile IN CUSTODY ACCEPTANCE OF SERVICE I accept service of the Custody Complaint on behalf of Defendant, Chad S. Lesher. Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 Dated: 916105 ?? r-? ,-? ?? f ?., ??, t ?..._? i,i ? `= -,? r? ?i? '.' viii =? 4^ NF, V I ?. 2005 NATALIE A. O'BRIEN, Plaintiff I3Y:-A--- IN THE COUROF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4495 CIVIL TERM V. CHAD S. LESHER, Defendant TEMPORARY ORDER OF COURT IN CUSTODY AND NOW, this I*?*"' day of November, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Natalie A. O'Brien and Chad S. Lesher, shall have shared legal custody of the minor children, Austin Stewart Lesher, born March 8, 1996, and Madison Taylor Lesher, born January 19, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custodv. A. During week one, Mother will have custody on Monday and Tuesday and Father will have custody on Wednesday and Thursday. Week one commences November 7, 2005. B. During week two, Father will have custody on Monday and Tuesday and Mother will have custody on Wednesday and Thursday. Week two commences November 14, 2005. C. The parties will alternate weekend periods of custody which shall begin on Friday and conclude on Monday when the children are returned to school or daycare. Father's first alternating weekend shall commence November 4, 2005. Mother's first alternating weekend shall commence November 11, 2005. CIVIL ACTION - LAW 3. In consideration of the travel requirements associated with each party's employment, the traveling parent will be entitled to compensatory time if he or she gives the NO. 05-4495 CIVIL TERM non-traveling parent fourteen (14) days or more notice of a need to change the parenting schedule by reason of out-of-town business obligations. In the event that either party would provide less than fourteen (14) days' notice of a need to change the parenting schedule, it shall be optional for the non-traveling parent to provide make-up time to the traveling parent. 4. Holidays. The following holiday schedule shall supersede the regular schedule: A. Thanksgiving. In 2005, Mother will have custody for Thanksgiving from Wednesday at 2:00 p.m. until Thursday at 2:00 p.m. and Father shall have custody for Thanksgiving from Thursday at 2:00 p.m. until Friday at 2:00 p.m. B. Christmas. For Christmas 2005, Father will have custody from Christmas Eve until Christmas Day at Noon and Mother shall have custody for Christmas Day at Noon until December 26 at 2:00 p.m. 5. Each parent shall be entitled to one week of vacation each year to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 6. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. The Custody Conciliation Conference shall reconvene on February 24, 2005 at 9:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. HE COURT: J. Dist:enison Cantor, Esquire, P.O. Box 1166, Harrisburg, PA 17108 H chel Lock, Esquire, 31,117 N. Front St., Harrisburg, PA 17110 J fX \ O I L.i EtG I" --l 1.1 ! J1, 1SU"] 7 I'? z ? NATALIE A. O'BRIEN, Plaintiff v. CHAD S. LESHER, Defendant N0V i A 0005 II ?, IN THE COURT OF C IM0 -F--J CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4495 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Austin Stewart Lesher March 8, 1996 Mother and Father Madison Taylor Lesher January 19, 2001 Mother and Father 2. Mother filed a Complaint for Custody on August 31, 2005. A Custody Conciliation Conference was scheduled and held on November 3, 2005 as the result of a request for continuance by counsel. Attending the conference were: the Mother, Natalie A. O'Brien, and her counsel, Debra Denison Cantor, Esquire; the Father, Chad S. Lesher, and his counsel, Herschel Lock, Esquire. 3. The parties reached an agreement as to an Interim Order with a plan to return to Custody Conciliation the third week of February, 2005. The parties entered an agreement to a Temporary Order for a three month period without prejudice to the rights of either party and while the parties are participating in therapeujtiefa? counseling. Date 191-elissa Peel Greevy, E Custody Conciliator ead:262547 NATALIE A. O'BRIEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-4495 CIVIL TERM V. CHAD S. LESHER, Defendant GUIDO, J. --- CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 3 'td day of March, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Natalie A. O'Brien and Chad S. Lesher, shall have shared legal custody of the minor children, Austin Stewart Lesher, born March 8, 1996, and Madison Taylor Lesher, born January 19, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. A. During week one, Mother will have custody on Monday and Tuesday and Father will have custody on Wednesday and Thursday. Week one commences February 27, 2006. B. During week two, Father will have custody on Monday and Tuesday and Mother will have custody on Wednesday and Thursday. Week two commences March 6, 2006. C. The parties will alternate weekend periods of custody which shall begin on Friday and conclude on Monday when the children are returned to school or daycare. Father's first alternating weekend shall commence February 24, 2006. 1.7"EIVED 4r C Y NO. 05-4495 CIVIL TERM Mother's first alternating weekend shall commence March 3, 2006. 3. In consideration of the travel requirements associated with each party's employment, the traveling parent will be entitled to compensatory time if he or she gives the non-traveling parent fourteen (14) days or more notice of a need to change the parenting schedule by reason of out-of-town business obligations. In the event that either party would provide less than fourteen (14) days' notice of a need to change the parenting schedule, it shall be optional for the non-traveling parent to provide make-up time to the traveling parent. 4. Holidays, The following holiday schedule shall supersede the regular schedule: A. Thanksgiving. In 2006, Father will have custody for Thanksgiving from Wednesday at 2:00 p.m. until Thursday at 2:00 p.m. and Mother shall have custody for Thanksgiving from Thursday at 2:00 p.m. until Friday at 2:00 p.m. B. Christmas. For Christmas 2006, Mother will have custody from Christmas Eve until Christmas Day at Noon and Father shall have custody for Christmas Day at Noon until December 26 at 2:00 p.m. 5. Each parent shall be entitled to one week of vacation each year to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 6. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Riegler Shienvold and Associates. Upon request of the evaluator, the parties shall sign all necessary releases and authorizations for the evaluator to obtain educational, medical and psychological information pertaining to the parties and their children. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. NO. 05-4495 CIVIL TERM 8. When the custody evaluation has been completed, if a return to conciliation is requested by counsel within ten (10) business days of the receipt of the report from the evaluator, a conciliation may be scheduled without further petition. 9. A hearing is cheduled in Courtroom Number 3 of the Cu berland County Courthouse, on the day of 1?'16rr , 2006, at ff?O o'clock A. M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Natalie A. O'Brien, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Edward E. Guido, J. Dist: Debra Denison Cantor, Esquire, P.O. Box 1166, Harrisburg, PA 17108 Herschel Lock, Esquire, 3107 N. Front St., Harrisburg, PA 17110 z. a, C ? ?)? ?J rv f} ^ n . ? . I i ... . , -.:.? NATALIE A. O'BRIEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4495 CIVIL TERM V. CHAD S. LESHER, Defendant CIVIL ACTION - LAW IN CUSTODY 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH Austin Stewart Lesher March 8, 1996 Madison Taylor Lesher January 19, 2001 CURRENTLY IN THE CUSTODY OF Mother and Father Mother and Father 2. The parties were seen for their second Custody Conciliation Conference on February 24, 2006. The conciliation was scheduled to follow-up with the status of the custody situation after a planned three-month period of therapeutic family counseling. Attending the conference were: the Mother, Natalie A. O'Brien, and her counsel, Debra Denison Cantor, Esquire; the Father, Chad S. Lesher, and his counsel, Herschel Lock, Esquire. 3. Mother's position on custody is as follows: Mother reports that Father attended only two meetings with the counselor before he cancelled and did not reschedule any further sessions. The problems between the parties are apparently accelerating. In a recent parent teacher conference, Mother reports that the teacher inquired with them about what was going on in the children's home because of a perceived negative impact on the children. The communication between Mother and Father has become so difficult that Mother has asked him to stop e-mailing her. Mother has requested a custody evaluation to be done by Riegler Shienvold and Associates. She has also asked to reserve the right to ask the Court to allocate the expenses associated with the evaluation between the parties. 4. Father's position on custody is as follows: Father sees the present schedule as working well for the children. Nonetheless, he acknowledges that the parties remain in conflict. He reports that Mother has been angry and that there have been three different incidents where the parties have been in conflict in the presence of the children, including one in which the police were called. Nonetheless, Father does not see it as necessary to y NO. 05-4495 CIVIL TERM participate in evaluation. His attorney is of the opinion that the parties' money would be better spent with the parties participating in counseling. Father continues to believe that an equally-shared custody arrangement is what is appropriate for the children. 5. The Conciliator recommended that the parties call the day of the conference to schedule appointments to return to therapeutic family counseling in order to address the conflict between them and the harmful impact it has on their children. The Conciliator further recommends an Order which requires the parties to cooperate and participate in a custody evaluation, while reserving Mother's rights to petition the Court for an allocation of the fees associated therewith. Date Melissa Peel Greevy, Esquire Custody Conciliator :269933 -- k? VEDMA'?( NATALIE A. O'BRIEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-4495 CIVIL TERM V. CHAD S. LESHER, Defendant GUIDO, J. --- ORDER OF COURT IN CUSTODY AND NOW, this ab day of March, 2006, upon consideration of the Custody Conciliation Summary Report of March 15, 2006 and February 28, 2006, it is hereby ordered and directed as follows: 1. The parties, Natalie A. O'Brien and Chad S. Lesher, shall participate in therapeutic family counseling to address their ability to parent cooperatively and to reduce the level of conflict and the negative impact on the minor children. To that end, the party shall contact Eugene Stecher, M. A. at Guidance Associates and shall cooperate with the scheduling and participation in these therapeutic services. /BY THE R . Edward E. Guido, J. Dist: Denison Cantor, Esquire, P.O. Box 1166, Harrisburg, PA 17108 schel Lock, Esquire, 3107 N. Front St., Harrisburg, PA 17110 ojaA? CIVIL ACTION - LAW 7Z :5 k v OZ 2`J'w K?oz NATALIE A. O'BRIEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4495 CIVIL TERM V. CHAD S. LESHER, Defendant CIVIL ACTION - LAW IN CUSTODY 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Austin Stewart Lesher March 8, 1996 Mother and Father Madison Taylor Lesher January 19, 2001 Mother and Father 2. Following the Custody Conciliation Conference of February 24, 2006, it was brought to the Conciliator's attention that the Order did not include a paragraph directing the parties to participate in therapeutic family counseling. The Conciliator provides a supplemental report with a recommendation that the Order be entered in the form as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :270996 NATALIE A. O'BRIEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-4495 CIVIL TERM CHAD S. LESHER, Defendant : IN CUSTODY STIPULATION AND NOW, come the parties, Natalie O'Brien, by and through her counsel, McNees Wallace & Nurick LLC, and Chad S. Lesher, by and through his counsel, Herschel Lock, and stipulate to the withdrawal of the Petition for Modification as follows: WHEREAS, the parties are the natural parents of Austin Stewart Lesher, date of birth: March 8, 1996, and Madison Taylor Lesher, date of birth: January 19, 2001, WHEREAS, a custody order was entered on March 20, 2006; WHEREAS, the Plaintiff filed a Petition for Modification on March 2, 2006, and a subsequent Order was issued by the Court: WHEREAS, Plaintiff wishes to withdraw her Custody Complaint and reinstate the March 20, 2006 Order. NOW, THEREFORE, intending to be legally bound hereby, the parties agree as follows: Natalie O'Brien shall withdraw her Custody Complaint via Praecipe. 2. Defendant, Chad S Lesher, concurs with the withdrawal of the Custody Complaint. 3. The parties wish to reinstate the Custody Order dated March 20, 2006, and cancel the custody hearing scheduled for May 8, 2006. B cl)o Herschel Lock Attorney 1. D- No. 3107 North Front Street Harrisburg, PA 17110 Phone: 717-238-6661 De fa antor Attorney I.D. No_ 66378 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717-237-5297 Attorney for Chad S. Lesher Dated: April 30 , 2006 Attorneys for Natalie A. O'Brien Dated/'4_? 2006 r? l) n cy r 9 .1 C' ?` --t ? i,' d. (1l ? . - 1 {?,, ..q ?;; ?"? ,,, ? ? (5l ?:: 1 : L 5 . ?? ? .?G ._„1 NATALIE A. O'BRIEN, Plaintiff V. CHAD S. LESHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4495 CIVIL TERM IN CUSTODY PRAECIPE TO WITHDRAW CUSTODY COMPLAINT TO THE PROTHONOTARY: AND NOW comes Plaintiff, Natalie A. O'Brien, by and through her attorneys, McNees Wallace & Nurick LLC, and withdraws her Custody Complaint in the above- captioned action. The Custody Order dated March 3, 2006 shall remain in place. McNEES WALLACE & NURICK LLC Aftor?7s'ey . No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5297 Attorneys for Natalie A. O'Brien Dated: May 2006 CERTIFICATE OF SERVICE AND NOW, on this 501 day of May, 2006, 1 hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 Deb ntor' ? ? G a' ? ?? ? ?(jt ? ??6 ?, ??- s 2 ? ..; -? ? ?? ? w "r NATALIE A. O'BRIEN, Plaintiff V. CHAD S. LESHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4495 CIVIL TERM IN CUSTODY p. ORDER AND NOW, thisD! day of MA Y , 2006, upon consideration of the parties' Stipulation to Withdraw the Petition for Modification, it is hereby ORDERED that: 1. Plaintiff shall withdraw her Custody Complaint via Praecipe; 2. The Custody Order, dated March 20, 2006 has been reinstated; and the custody hearing scheduled for May 8, 2006 is canceled. BY Honorable IMgm, S. &ayi er C&AA 4. !C ?.u V` VI iNVA`fASNN3d ur?r7o?} ;, a-cE?n? 80 : l l wd $- AbW 9002 AdviCNvr410W 3Ni 30 30WO-03113 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 phone (717) 260-1667 facsimile dcantor a-mwn.com Attorneys for Plaintiff NATALIE A. LESHER, n/k/a NATALIE A. O'BRIEN, Plaintiff V. CHAD S. LESHER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-4495 CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF TO ORDER THE ISSUANCE OF PASSPORTS AND NOW comes Petitioner, Natalie A. Lesher n/k/a Natalie A. O'Brien, by and through her counsel, McNees Wallace & Nurick LLC, seeking this Court to require Defendant to sign passports forms. 1. Petitioner is Natalie A. O'Brien, an adult individual living at 821 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050 (hereinafter "Mother"). 2. Defendant is Chad S. Lesher, an adult individual residing at 390 Stonehedge Lane, Mechanicsburg, PA 17055 (hereinafter "Father"). 3. The parties are the parents of two minor children, namely Austin Stewart Lesher, date of birth: March 8, 1996, and Madison Taylor Lesher, date of birth: January 19, 2001. 4. The parties are subject to a Court Order attached hereto as Exhibit "A." This Order provides both parties with vacation rights as therein stated. 5. Pursuant to the terms of the Order, Mother informed Father of her intent to take the children on a cruise on June 20, 2007, which necessitated the issuance of passports. Father approved the cruise in the summer of 2006, and therefore Mother prepaid for the cruise for herself and the children. 6. Since that time, Mother has repeatedly requested that Father sign the documents necessary to issue the children passports. Father has failed to do so. 7. Counsel for Mother has contacted counsel for Father regarding acquiescence to these demands. No information has been provided. 8. Mother has prepaid for a cruise on June 20, 2007. She informed Father that he was jeopardizing the cruise and his response was "do you think I care." 9. Father has engaged in a pattern of behavior over the course of the parties' separation and divorce proceedings seeking to increase Mother's costs and expenses. 10. Mother requests that this Honorable Court Order that Father sign the passport forms and notarize them within five (5) days of this Petition, thus enabling her to obtain expedited passports. In the event the Mother is unable to obtain passports in time and cannot go on the cruise, this Petition request this Court to issue an Order requiring Father to reimburse the costs of the cruise, and the cost for the expited passports. 11. Concurrence of Defendant's counsel was sought for this Petition and Defendant's counsel does not concur with this Petition. 12. No Judge has ruled upon any other issue in this same or related matter. WHEREFORE, Mother requests this Honorable Court Order that Father sign the passport forms and notarize them within five (5) days of this Petition, thus enabling her to obtain expedited passports. In the event the Mother is unable to obtain passports in time and go on the cruise, this Petition request this Court to issue an Order requiring Father to reimburse the costs of the cruise and the cost for the expedited passports. Respectfully Submitted, McNEES WALLACE & NURICK LLC By D. antor I.D. . 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: May?? , 2007 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Natalie A. O'Brien Dated: May 1 , 2007 CERTIFICATE OF SERVICE The undersigned hereby certifies that on theAj.S+day of May, 2007, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 Debra D. Cantor, Esquire ^+. 16- may, /h? S _ I Tl MAY 8 2 20MA NATALIE A. LESHER, n/k/a NATALIE A. O'BRIEN, Plaintiff V. CHAD S. LESHER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-4495 CIVIL ACTION -LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW, this 56*d*ay of A , 2007, a Rule to Show Cause is issued for Defendant to show cause as to y the relief requested should not be granted. Rule returnable in five (5) days. J. 8S :8 WV I £ AVW LOOZ A8VliGN0HiC,W :"Hi 40 30E??O-CMH P NATALIE A. LESHER n/k/a NATALIE A. O'BRIEN, Plaintiff VS. CHAD S. LESHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4495 CIVIL ACTION - LAW CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, comes CHAD S. LESHER, Defendant in the captioned action, by his counsel, Herschel Lock, Esquire, and files the within Answer to Plaintiff's Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted and, by way of further answer, it is averred that even though Mother informed Father in July 2006 of her intent to take their children on a cruise which necessitated them having passports it is denied that Mother gave Father any paperwork at all to sign related to the passports and requiring his signature before the end of April or the beginning of June, 2007, or that she gave him all of the paperwork requiring his signature before May 30, 2007. Further, it is denied that Father did not sign the paperwork initially given him by Mother and send it to her prior to the date she filed the instant Petition or that he has not already executed the document she sent him on May 30, 2007 and mailed it back to her. W 6. While it is admitted that Mother had repeatedly requested Father sign the document she sent him it is denied that he has not done so already and mailed them back to her. 7. Denied and, by way of further answer, it is emphatically averred that Defendant's counsel has expended much time and effort in making certain Father had the correct paperwork to sign as well as the correct directions as to how to sign it so that he could timely mail them back to Mother. 8. It is denied that Father has jeopardized the Plaintiff or their children taking the cruise and it is averred instead that because Plaintiff only sent him all of the paperwork requiring his signature on May 30, 2007, and has apparently decided to make application for the passports on the last day possible, it is she who has put the cruise in jeopardy. As for any statement by Father to Mother evidencing his not caring about the cruise, it is averred that it was basically directed towards Mother and the result only of the manner in which she was dealing with him. 9. Denied and by way of further answer, it is averred that it has been Mother's pattern of behavior during the parties' divorce, custody case and support case that has made each one more difficult than it should have been. 10. It is denied that Mother's requests are appropriate or factually well based. 11. Admitted. 12. Admitted. W NEW MATTER 13. The answers to Paragraphs 1 through 12 hereof are incorporated herein by reference thereto. 14. In July, 2006, Mother told Father of her wish to take their children on a cruise in June and July, 2007, which would necessitate them having passports. 15. Father agreed then that the children could take the a cruise. 16. In late April or early May, 2007, Mother for the first time gave Father papers related to the childrens' passports to sign although those papers she gave him were not all of the paper requiring his signature. 17. Prior to Mother filing the instant Petition, Father signed the documents initially given him by Mother and mailed then back to her. 18. Any delay in Father signing the initial papers sent him by Mother were substantially the result of his being out-of-town on business travel and his and Mother's inability to communicate with each other. 19. On May 30, 2007, Mother sent Father an additional paper to sign without which the children would not be issued their passports and on June 1, 2007, Father signed this document also and mailed it back to Mother. 20. For about the past month, Father authorized his counsel to take all actions needed to obtain the paperwork he needed to sign for the issuance of the childrens' passports and get them to Mother even though Mother's actions made this difficult. r 21. Defendant believes and avers that it has been the untimely, disorganized and angry manner in which Mother has dealt with him in obtaining the childrens' passports that has made it difficult in doing so. WHEREFORE, it is requested that your Honorable Court deny Plaintiff her prayed for relief. DATED: Resp ct ully submitted, HERSCHEL LOCK, ESQUIRE Attorney for Defendant 3107 North Front Street Harrisburg, PA 17110-1206 (717) 238-6661 Supreme Court ID No. 22691 r VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED : '' / NATALIE A. LESHER n/k/a NATALIE A. O'BRIEN, Plaintiff VS. CHAD S. LESHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1275 CIVIL ACTION - LAW ACTION IN DIVORCE CERTIFICATE OF SERVICE I, HERSCHEL LOCK, Esquire, hereby certify that I have this 1st day of June 2007 served Defendant's Answer to Plaintiff's Petition for Special Relief by depositing same in the United States Post Office, Harrisburg, PA first class mail, postage prepaid, addressed as follows: Debra D. Cantor, Esq. McNees, Wallace & Nurick 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 4& l? HERSCHEL LOCK, Esquire 3107 N. Front Street Harrisburg, PA 17110 (717) 238-6661 ? ? o ?r ?_ ?} j ._ ?. { ? e 3 ??.? /? 3: * ? rti ?