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HomeMy WebLinkAbout06-6848TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAVA NO. 6? _ G 85(P CL-- KATHLEEN KATEKOVICH LEHMAN: Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Timothy S. Lehman, residing at 5345 Oxford Circle, Apartment 64, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Kathleen Katekovich Lehman, residing at 1780 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are the parents of two children namely: Brooke Margaret Lehman born 6/21/2001 and Brady Andrew Lehman born 5/15/2001. The children were adopted by the parties' during their FLOWER & LINDSAY 9 1507xs•M:uw 26 West High Street Carlisle, PA marriage. 4. The children are presently in the custody of the Defendant. 5. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS FROM/TO Plaintiff and Defendant 1780 Weatherburn Drive 2000-6/1/2005 New Cumberland, PA Defendant 1780 Weatherburn Drive 6/2/2005-Present New Cumberland, PA 6. The mother of the children is Kathleen Katekovich Lehman, currently residing as aforesaid. She is married. 7. The father of the children is Timothy Lehman, currently residing as aforesaid. He is married. 8. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides alone. 9. The relationship of the Defendant to the children is that of mother. The Defendant currently resides with the children at issue. 10. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. 11. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. The 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 granting the relief requested because: a. During the parties' marriage and prior to the separation, Plaintiff FLOWER ? LENDS" ATMI NE15 ATIAW 26 West High Street Carlisle, PA was at least equally involved in the care and upbringing of the children. b. Plaintiff is equally capable of providing for the care and welfare of the children. C. From the time of the separation until the time Defendant received a Complaint in Divorce on or about April 30, 2006. Plaintiff was exercising approximately two to three times per week. d. After Defendant received the Complaint in Divorce she withheld the children from Plaintiff; e. Plaintiff exercised custody of the children again throughout the summer until school started approximately two to three times per week. f. Defendant has begun withholding the children and limiting Plaintiff's access to them, since school has started. g. Plaintiff is concerned for the children's welfare. e. Plaintiff desires a schedule which will allow him to see the children on a frequent and regular basis. 14. Plaintiff has notified Defendant's counsel of record, Diane M. Dils, Esquire, of the filing of this Complaint. WHEREFORE, the Plaintiff requests this Court to grant him shared legal and physical custody of the children. Respectfully submitted, SAIDIS, FLOWER & LINDSAY ATMMI ETS AT.uw 26 West High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY 0 ck? Ma o atas, quire Attorn d.84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Ii( 2?Io(o Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. 14 /9 Timot y colt L hman Date: MPG SAIDIS, FLOWER & LINDSAY enowvevs•vlAw 26 West High Street Carlisle, PA TIMOTHY SCOTT LEHMAN, Plaintiff vi. KATHLEEN KATEKOVICH LEHMAN: Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service Diame M. Dils, Esquire Facsimile and first class mail 1400 N. Second Street Harrisburg, PA 17102 A A Mary o atas, Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAMIS, FLOWER & LINDSAY ATTUMI nr uw 26 West High Street Carlisle, PA e (ems, ?T W d y Ufi -: UD 1 U : _ T TIMOTHY SCOTT LEHMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN KATEKOVICH LEHMAN DEFENDANT 06-6848 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 07, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 28, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. a?A 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 oorl 1-,4-:o7)4 tlt' ?' '" f1'' rmno 0 .C NJ L- 330 90OZ "Hi ?o FED 13 2007rg TIMOTHY SCOTT LEHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KATHLEEN KATEKOVICH LEHMAN, : NO. 06-6848 Defendant : IN CUSTODY COURT ORDER AND NOW, this 91h day of February, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hube X. ' ro quire Custody ciliator F:OFDXSWATAFILMGeneraNCurrent112321UAman CondUadon Order reHnquie g jwi+diedon.wpd wil rVA ,kS N3d )dNnco 10 :6 WV ? 1 831 LOOZ TIMOTHY SCOTT LEHMAN, Plaintiff v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW KATHLEEN KATEKOVICH LEHMAN, : NO. 06-6848 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of May, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that the following TEMPORARY Order is entered: 1. The mother. Kathleen Katekovich Lehman, and the father, Timothy Scott Lehman, shall enjoy shared legal custody of Brady D. Lehman, born May 15, 2001, and Brooke M. Lehman, born June 21, 2001. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday when the children are off school until Monday morning when the father shall return the children to school or daycare. B. On Tuesday and Thursday evenings from after school (or after father's work during summer) until 7:45 p.m. C At such other times as agreed upon by the parties with the understanding that father shall have two weeks of summer vacation in the upcoming summer and, additionally, shall take the children for one week during the summer when mother has scheduled surgery. 4. Medical professionals, school officials and other pertinent professionals dealing with the two minor children are hereby authorized to provide all pertinent information and documentation relating to the children to both parents without further of this Court or any signed documentation from either parent. 5. The parties shall engage in co-parent counseling/classes. These shall be arranged by legal counsel for the parties and, in the event there is not an agreement on your scheduling of these sessions, legal counsel for the parties may contact the Custody Conciliator directly with respect to how those sessions will be handled. 6. The parties shall meet again for a Custody Conciliation Conference on the July 5, 2007 at 9:30 a.m. 7. In the event there are any problems that arise based upon the schedule set forth above, legal counsel for the parties may contact the Custody Conciliator directly to schedule a telephone conference. 8. In the event father does not schedule to take the children to Church on his weekends of time with the children, father shall contact the mother and alert her to that fact and shall allow the mother to take the children to Sunday school and Church returning the children to father's residence following the Church service at approximately 12:30 p.m. 9. Father shall insure that both children participate in all scheduled extra curricular activities while the children are in his custody, and mother shall insure that father is aware of all scheduled activities and share all information with the father pertaining to extra curricular activities. BY THE COURT, Judge cc: Elizabeth S. Beckley, Esquire Marylou Matas, Esquire F:\FII.ES\DATAFU,E\GenernACurrent\12321\Lthman v Lehman ConcMation Report-Ordenwpd TIMOTHY SCOTT LEHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KATHLEEN KATEKOVICH LEHMAN, : NO. 06-6848 Defendant : 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: Brady D. Lehman, born May 15, 2001, and Brooke M. Lehman, born June 20, 2001. 2. A Conciliation Conference was held on May 11, 2007, with the following individuals in attendance: The father, Timothy Scott Lehman, with his counsel, Marylou Matas, Esquire, and the mother, Kathleen Katekovich Lehman, with her counsel, Elizabeth S. Beckley, Esquire. 3. Based upon the recommendation of the Conciliator, the parties are willing to agree to a temporary Order in the form as attached. Date: S` a c ubert X. ilroy, Esquire Custod onciliator a C'y ?' ?._. ---? : +? _..,? _ ? t .? r y N - : ? ,,.• N ,.., :r"? -1.: _ ,,_n _? -., ? ?'' J tr, . ? ?? i TIMOTHY SCOTT LEHMAN, Plaintiff v MAY $ 3 2007 9 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW KATHLEEN KATEKOVICH LEHMAN, : NO. 06-6848 Defendant : IN CUSTODY COURT ORDER t1N AND NOW, this VA day of May, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that the following TEMPORARY Order is entered: 1. The mother. Kathleen Katekovich Lehman, and the father, Timothy Scott Lehman, shall enjoy shared legal custody of Brady D. Lehman, born May 15, 2001, and Brooke M. Lehman, born June 21, 2001. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday when the children are off school until Monday morning when the father shall return the children to school or daycare. B. On Tuesday and Thursday evenings from after school (or after father's work during summer) until 7:45 p.m. C At such other times as agreed upon by the parties with the understanding that father shall have two weeks of summer vacation in the upcoming summer and, additionally, shall take the children for one week during the summer when mother has scheduled surgery. 4. Medical professionals, school officials and other pertinent professionals dealing with the two minor children are hereby authorized to provide all pertinent information and documentation relating to the children to both parents without further of this Court or any signed documentation from either parent. 5. The parties shall engage in co-parent counseling/classes. These shall be arranged by legal counsel for the parties and, in the event there is not an agreement on your scheduling of these sessions, legal counsel for the parties may contact the Custody Conciliator directly with respect to how those sessions will be handled. 5 6. The parties shall meet again for a Custody Conciliation Conference on the July 5, 2007 at 9:30 a.m. 7. In the event there are any problems that arise based upon the schedule set forth above, legal counsel for the parties may contact the Custody Conciliator directly to schedule a telephone conference. 8. In the event father does not schedule to take the children to Church on his weekends of time with the children, father shall contact the mother and alert her to that fact and shall allow the mother to take the children to Sunday school and Church returning the children to father's residence following the Church service at approximately 12:30 p.m. 9. Father shall insure that both children participate in all scheduled extra curricular activities while the children are in his custody, and mother shall insure that father is aware of all scheduled activities and share all information with the father pertaining to extra curricular activities. BY THE COURT, Judge cc: , 2 abeth S. Beckley, Esquire arylou Ma F:\.FUXS\DATAFUMGenenACorrentU2321U.ehman v Lehman Candtlation Report-0rdv vvpd If I Au d.?dt: r°i1. av TIMOTHY SCOTT LEHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KATHLEEN KATEKOVICH LEHMAN, : NO. 06-6848 Defendant : 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: Brady D. Lehman, born May 15, 2001, and Brooke M. Lehman, born June 20, 2001. 2. A Conciliation Conference was held on May 11, 2007, with the following individuals in attendance: The father, Timothy Scott Lehman, with his counsel, Marylou Matas, Esquire, and the mother, Kathleen Katekovich Lehman, with her counsel, Elizabeth S. Beckley, Esquire. 3. Based upon the recommendation of the Conciliator, the parties are willing to agree to a temporary Order in the form as attached. Date: S a C ubert X. ilroy, Esquire Custod onciliator h NJ -TI cw f t7 ? _ C2 6qL /, R TIMOTHY SCOTT LEHMAN, Plaintiff V. KATHLEEN KATEKOVICH LEHMAN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN CUSTODY :NO. 06-6848 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire and Beckley & Madden, of Counsel, on behalf of the Defendant, Kathleen Katekovich Lehman, in the above-captioned matter DATED: S_ 3/_0)1_1'_ Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 4! ... CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Marylou Matas, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Diane M. Dils, Esquire Dils & Dils 1400 North Second Street First Floor Front Harrisburg, PA 17102 DATED: S 3),- ? .C "`' ?a ? o ? ?' ' ? <? ?? ' a ' ? P?.: ? w ? .? '?:. ?. i `, ,... ? ?` t.? ?, '-? C „? HY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-6848 THLEEN KATEKOVICH LEHMAN: Defendant : IN CUSTODY PRAECIPE TO WITHDRAW OF APPEARANCE THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Plaintiff, Timothy Scott Lehman, the above-captioned matter. Respectfully Submitted, SAIDIS. FLOWER & UI Attome I 84919 26 West 'High Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 - facsimile 1B/ n/0 - Counsel for Plaintiff ENTRY OF APPEARANCE THE PROTHONOTARY: Y Kindly enter my appearance on behalf of the Plaintiff, Timothy Scott Lehman, in H OWER & LZgDS" 26 west High Street Carlisle, PA above-captioned matter. Respectfully Sub itted, P4 I- j , Timothy Scott Lehman 5345 Oxford Circle, Apt. 64 Mechanicsburg, PA 17055 4a1 to -,;- a O K?r Q 7{J T ? In ern SEP O b 2001,OV TIMOTHY SCOTT LEHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KATHLEEN KATEKOVICH LEHMAN, : NO. 06-6848 Defendant : IN CUSTODY Prior Judge: M. L. "Skip" Ebert COURT ORDER tti AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of May 24, 2007 shall remain in place subject to the modifications set forth below. 2. Father's periods of temporary custody as set forth in paragraph 3 of the May 24, 2007 Order are temporarily suspended. Father may have temporary physical custody with the minor children at such times as agreed upon by the parties. When father desires to start again exercising temporary custody with the minor children on a set schedule, father may petition the court to have the case again scheduled for a conference with the Custody Conciliator at which time it is anticipated that the schedule as set forth in paragraph 3 of the May 24, 2007 Order will be again put in place. BY THE COURT, 1?k-?, =a Judge M.L. Ebert cc: %A-zabeth S. Beckley, Esquire Xr. Timothy Scott Lehman ` FAFUY-5WYeeb112321\12321.I.ehmeo v I.-K-- Report and Order LO '-Z VA8 AJ, i . -?* TIMOTHY SCOTT LEHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION -LAW KATHLEEN KATEKOVICH LEHMAN, : NO. 06-6848 Defendant : IN CUSTODY Prior Judge: M. L. "Skip" Ebert CONCILIATIQN 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: Brady D. Lehman, born May 15, 2001, and Brooke M. Lehman, born June 20, 2001. 2. A Conciliation Conference was held on August 29, 2007, with the following individuals in attendance: The father, Timothy Scott Lehman, who appeared without counsel, and the mother, Kathleen Katekovich Lehrman, with her counsel, Elizabeth S. Beckley, Esquire. 3. The father appeared at the Custody Conciliation indicating he is not seeing the children at this point because of a large support Order that was issued against him for child and spousal support. Mother requested the existing Order be terminated so that she did not have to worry about providing custody to the father since the father is not making an effort to see the kids. Father suggests that the existing Order should remain in place pending such time as he goes to a support appeal and he decides he wants to start seeing the children. 4. The Conciliator consulted with Judge Ebert on this matter. It does not seem appropriate that the father should be able to dictate a custody schedule if he is not prepared to commit to abiding by that schedule at this time. Accordingly, the Conciliator recommends an Order in the form as at#ached. Date: vr(Y7 Hh6ert X. GWoy, Esquire Custody Cgdciliator TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW KATHLEEN KATEKOVICH LEHMAN, NO. 2006-6848 Defendant IN CUSTODY COURT ORDER ~h NOW, this _~_ day of July, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Orders of custody in this case are vacated and replaced with the following Order: 1. The mother, Kathleen K. Lehman, and the father, Timothy Scott Lehman, shall enjoy shared legal custody of Brady L. Lehman, born May 15, 2001, and Brooke M. Lehman, born June 21, 2001. 2. The parties shall share physical custody under a schedule as agreed upon by the parties. Absent an agreement, the following schedule shall apply: A. The Father shall have custody on Tuesday and Thursday evenings of each week and on alternating weekends from Friday through Sunday. The Mother shall have custody at times the Father does not have custody. B. The parties shall share or alternate holidays as they agree. 3. Each parent shall keep the other parent informed with respect to all school, health and social activities of the minor children and each parent is obligated to ensure that they reasonably get the children to scheduled events. Additionally, the parties shall work with each other to ensure that emergency situations, such as one of the children being required to go to the physician during the day, are handled equally by the parties with respect to the parents taking off time from work. 4. This Order is a shared legal custody Order and authorizes all medical facilities, school facilities and related entities dealing with the minor children to share and provide all information concerning both minor children with each parent. 5. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the custody Conciliator for a conference. BY THE COURT, M. L. Ebert, Jr., Judge cc: Tim th c o y S ott Lehman Ms. Kathleen K. Lehman nn l.0'J t E.S' /1'l~. t ~G 7/ac~~~v ~~ TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW KATHLEEN KATEKOVICH LEHMAN, NO. 2006-6$48 Defendant IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Brady D. Lehman, born May 15, 2001 Brooke M. Lehman, born June 21, 2001 2. A Conciliation Conference was held on July 22, 2010, with the following individuals in attendance: the mother, Kathleen K. Lehman, who appeared without counsel, and the father, Timothy Scott Lehman, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: July ~, 2010 Hubert X. Gilroy Esquire Custody Conci 'ator r? PLED- TlC -,t,RY TIMOTHY SCOTT LEHMAN, CI;Mf? t' ?? a COURT OF COMMON PLEAS OF Plaintiff ?- ERLAND COUNTY, PENNSYLVANIA V. NO. 2006-6848 KATHLEEN KATEKOVICH LEHMAN, CIVIL ACTION - LAW Defendant CUSTODY DEFENDANT'S PETITION TO MODIFY CUSTODY 1. The Petitioner is Defendant, KATHLEEN KATEKOVICH LEHMAN (hereafter "Mother"). She currently resides at 1780 Weatherburn Drive, New Cumberland, Cumberland County, PA 17070. 2. The Plaintiff (Respondent) is TIMOTHY SCOTT LEHMAN, hereinafter referred to as "Father." He currently resides at 5340 Oxford Manor, Apt. 39, Mechanicsburg, PA 17055. 3. The parties are parents of two minor children, Brady L. Lehman, born May 15, 2001 and Brooke M. Lehman, born June 21, 2001. 4. By Court Order dated July 26, 2010, the parties share legal custody and physical custody (copy attached). 5. This Petition is being filed for the following reasons: a) Father refuses to take the children to regularly scheduled activities (i.e. soccer, boy/girl scouts, doctor appointments, etc.). b) Father is threatening to pull the kids out of family based therapy and wants to change the children's regular primary care physicians. 4+ LAS ? ? y?-6 3 c) The children have attended church regularly on Sunday for many years. During Father's times, Mother has always been permitted to pick them up and take them to church, returning them to Father for the remainder of his weekend. Father now refuses to permit Mother to take the kids to church or to take the kids to church himself. d) Father has twice forgotten to pick the children up (once, the soccer coach took a child home; the other time, Mother had to leave work when called by the daycare). 9. Mother believes and therefore avers it is in the children's best interest that she be awarded primary legal and physical custody of the children, with periods of partial custody to Father or, in the alternative, that the parties continue to share legal custody but that the Order specifically state the children attend the various functions, activities and counseling and that both parties be obligated under the Order to transport the children at such times. WHEREFORE, Mother requests the Court to grant her primary legal and physical custody of the parties' child. Respectfully submitted, i i--_ DATE: C11100nio KATHLEEN A *XOC 1 H LEHMAN 1780 Weatherburn Drive New Cumberland, PA 17070 (717) 991-3263 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: C1 (? iJ??? r ?/tT__ ' KATHLEEN KATEKOVICH LEHMAN CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document by U.S. mail, postage prepaid, addressed as follows: TIMOTHY SCOTT LEHMAN 5340 Oxford Manor Apt. 39 Mechanicsburg, PA 17055 v ?I DATED: ?? IE KATHLEEN KATEKOV H LEHMAN HUG-2h-2U1U WED 12:22 PM FRX NO. P. 04/12 TIMOTHY SCOTT LEHMAN, PlaintIf vs. KATHLEEN "TEKOViC H LEHMAN, Defendant IN THE COURT OY COMMON PLEAS OF CUMBERLAND C()UN TY, PEN-NSYLVANIA CIVIL ACTION - LAW NO. 2006-6848 LN CUSTODY COURT ORDER NOW, this ? clay of 3uly, 2010, upon consideration. of the attached Custody Conciliation Report, it is ordered and directed that this Court's piior Orders of custody in this case are vacated and replaced with the following Order: 1. The mother, Kathleen K. Lehman, and the father, Timothy Scot' Lehman, shall enjoy shared legal custody of Brady L. Lehman, born lvlaty 15, 2001, and Brooke M. Lehman, born June 21, 2001, 2. The parties shall share physical custody under a schedule as agreed upon by the parties. Absent an agreement, the following scheculo shall apply: The Father shall Ilave custody on Tuesday attd Thursday evenings of each week and on alternating weekends from Friday through Sunday, The Mother shall have custody at times the Father does ncyt have eustodv. B. The parties shall share or alternate holidays &s they agree. 3. Each parent shall keep the otherparent informed with respect to all school, health and social activities of the minor children and each parent is obligated to ensure that they reasonably get the children to scheduled events, ,A-d&tionally, the parties shall work with each other to ensure that emergency situations, such as one of the children being required to go to the physician during the day, are handled equally by the parties with respect to the parents takinf off time from work. HUU-fib-M U WED 12:23 PM Ak NO. P. 05,112 4. This Order is a shared legal custody Order and autlwri:!,es all medical facilities, school facilities and related entities dealing with the minor ctiAren to share and provide all information coneeming both minor children with eat.Al parent. 5. This Order is entered pursuant to an agroement reached by the parties at a custody conciliation conference. in the event either party de:'nres to modify this Order, that party may petition the Court to have the case again scheduled with the custody Conciliator for a conference. 3S' THE COURT, cc: Mr. 'timothy Scott Lehman Ms. Kathleen K. Lehman r EIL4.;z L. ert, Jr., Judge TRUE COPY FROM RECORD T?d. 20,E 0 TIMOTHY SCOTT LEHMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-6848 CIVIL ACTION LAW KATHLEEN KATEKOVICH LEHMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 16, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 20, 2010 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 hearinz. FOR THE COURT. By: /s/ Hubert X. Gyro 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. A11 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. C mberland County Bar Association !? . (, • (Q C94%?-. CC)?W f \C)u ?e 32 South Bedford Street W ?^ Carlisle, Pennsylvania 17013 r,aa l_?? Telephone (717) 249-3166N --,, % . > C:j , o\a? ke? ;Z: -4 C-3 ?-1-7- ` <M -rl -- T'L?j \ C) C M t & ?:t Li? ,l . TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~~~~ vs. CIVIL ACTION -LAW ~ N n c p ~^ KATHLEEN KATEKOVICH LEHMAN, N0.2006-6848 n~ o =- Defendant IN CUSTODY a ~ ~ ' 'ern r -"'tom ~ ~ o° Prior Judge: The Honorable M. L. Ebert, Jr. n ~ o ~ ~Q ~ x~ COURT ORDER v ~ ~ ~ NOW, this c~ ~" .day of October, -- ~•,~ ~ 2010, upon consideration of the attached~C`ustody _' ~ ~ Conciliation Report, it is ordered and directed as follows: A hearin is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the ~ day of ~, 20L_ at L~.m. At this hearing, the mother shall be the moving party and shall proceed imhally with testimony. The parties themselves, or legal counsel for the parties if they retain legal counsel prior to the hearing, shall file with the Court and the other party or their attorney a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this court's prior order of July 26, 2010, shall remain in place. 3. In the event both parties retain legal counsel and legal counsel feels that another custody conciliation may aid in the resolution of this case prior to any hearing, legal counsel for the parties may contact the Custody Conciliator directly to schedule another custody conciliation conference. BY THE COURT, M. L. Ebert, Jr., Judge /y'Le"t.t l~ tv cc: imothy Scott Lehman s. Kathleen K. Lehman 10~Z7 ~~ ,~ , r ~., ~: _ X010 TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW KATHLEEN KATEKOVICH LEHMAN, N0.2006-6848 Defendant IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Brady D. Lehman, born May 15, 2001, and Brooke M. Lehman, born June 21, 2001 2. A Conciliation Conference was held on October 20, 2010, with the following individuals in attendance: The mother, Kathleen K. Lehman, who appeared Pro Se, and the father, Timothy Scott Lehman, who appeazed Pro Se. 3. The parties were before the Conciliator this past July at which time an order was put into place that, essentially, provided for a shazed physical custody arrangement. Mother now suggests that there aze a variety of issues which merit the court's reconsideration of this order and mother's position is that she should have primary custody with father only having time on the weekends. Father's position is that the existing order is fine and that the children aze doing well. Father is not in agreement on mother's suggested change. Accordingly, a hearing needs to be scheduled. 4. The Conciliator recommends an Order in the form as attached. Date: October °2 ~ , 2010 Hubert X. ilroy, Esquire Custody onciliator TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-6848 KATHLEEN KATEKOVICH LEHMAN, CIVIL ACTION - LAW C-) Zn Defendant CUSTODY -07. _ xrn r- == -0m <)> !:. --td CUSTODY AGREEMENT ? -n ?? =C) C> m 00 ,q :j ..e C3 AND NOW, this day of March, 2011, the parties _20 stipulate to the following provisions being made an Order of Court. 1. KATHLEEN KATEKOVICH LEHMAN (hereafter "Mother") shall have primary legal and physical custody of the parties' children, BRADY L. LEHMAN, born May 15, 2001 and BROOKE M. LEHMAN, born June 21, 2001. 2. TIMOTHY SCOTT LEHMAN (hereafter "Father") shall have the following periods of physical custody: a) Alternating weekends: Father shall pick up the children after his work, or after school, or at 8:30 a.m. should Father not be working and the kids not have school. He shall return the children to Mother's residence on Sunday at 7:00 p.m. Father's alternating weekends shall begin Friday, May 6, 2011. b) Such other and further times as the parties shall agree (i.e. should some weeknight dinners be practical given the extra-curricular activities, etc.). 3. During the summers, in addition to the times set forth in paragraph #2, Father shall also be entitled to have one full week vacation with the children each month. The weeks must include Father's scheduled weekend. 4. Mother shall also be entitled to have one full week vacation with the children each month. The weeks must include Mother's scheduled weekend. 5. Father and Mother shall give the other party at least 45 days notice of any vacation week he or she plans to take. The weeks the children will be at camp will not be available for either parent to take vacation. 6. The parties shall share or alternate holidays as they agree. 7. Notwithstanding Mother having primary custody, Mother shall consult with Father regarding all major decisions affecting the children's lives, including but not limited to, the children's health, medical, dental and mental health treatment, as well as the children's education. The parties shall engage in discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests: a. Each parent has the duty to obtain and is entitled to complete and full information from their children's doctors, dentists, teachers, and other professionals and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa.C.S.A. §5309. b. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, psychologists, or other individuals concerning the child's progress and welfare. 8. Each parent shall keep the other informed with respect to all social activities of the children and each parent is obligated to ensure that they reasonably get the children to scheduled events. 9. Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents, entitling the toys or clothes to be taken by the children back and forth, as is reasonably appropriate. 10. No Conflict Zone: a. The parents shall not alienate the affections of their children from the other parent and the other parent's extended family and shall make a special conscious effort not to do so and to the extent possible prevent third parties from alienating the children's affections for the other parent as well as the other parent's extended family. b. The parents shall establish a No Conflict Zone for their children and refrain from making derogatory comments about the other in the presence of their children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children, whether the children are sleeping, awake, or in another room. C. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name (i.e. mom, dad, your grandmother, etc.). d. Each parent agrees to refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between parents, without using the children as an intermediary. e. Each parent shall confer with the other before arranging regularly occurring extracurricular activities which might interfere with regular visitation. 11. Special Family Events. The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, funerals, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent may propose time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 12. Communication. Each parent shall provide the other with all applicable addresses, telephone numbers (including home, work and cell phone numbers) and e-mail addresses. The parent having physical custody of the children shall ensure the other parent has reasonable telephone and e-mail privileges with the children. 13. Modification. Any of the provisions of this Order may be modified or deleted upon mutual consent of the parents. The parents acknowledge circumstances may warrant a change in custodial periods and agree to work together in the best interests of their children and in accordance with their schedules. 1'ek ya? WIT E a elu! WI NES ? w d + TIMOTHY S OTT LEHMAN KATHLEEN KATEKO CH LEHMAN TIMOTHY SCOTT LEHMAN, Plaintiff V. KATHLEEN KATEKOVICH LEHMAN, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6848 CIVIL ACTION - LAW CUSTODY ENTRY OF APPEARANCE C o ryi -0 3 - --? mw zf x. =-n rrir fz- a° -orn 2, ? o M' 3 ? -n C:) 5;c: co t'rt --j r -n < o Please enter my appearance on behalf of the Defendant. DATE: 3/'%0/11 KENN TH F. LEWIS, ESQUIRE I.D #6 383 1101 North Front Street 1st Floor Harrisburg, PA 17102 (717) 234-3136 • A TIMOTHY SCOTT LEHMAN, Plaintiff V. KATHLEEN KATEKOVICH LEHMAN, Defendant AND NOW, this FILED-OFFICE OF THE PROTHONOTARY 2011 MAR 30 PM 2: 32 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6848 CIVIL ACTION - LAW CUSTODY O R D E R 3O day of M p. ,? , 2011, it is hereby ORDERED and DECREED that the attached Custody Agreement executed by all parties is hereby made an Order of Court. BY THE COURT: M.L. EBERT, JR., J. DISTRIBUTION: Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA (counsel for Mother) V/ Timothy Scott Lehman, 22 Barshinger Avenue, York, PA IaJp f it DDS 17102 17403 /I i. r TIMOTHY S. LEHMAN IN THE COURT OF COMMON PLEAS OF ? -Iz PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANiNi) 7- c-? 1 V. 2006-6848 CIVIL ACTION LAW KATHLEEN LEHMAN r1%) CD IN CUSTODY DEFENDANT .,? -- ORDER OF COURT AND NOW, Friday, August 26, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 29, 2011 at 2:30 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. 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/ Hubert X. Gilroy, Esq. ?it/ Custody Conciliator v- 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 ?' ?,!• cop Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 0peCllW4 r el"Z 11/ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVIA CIVIL ACTION - LAW E J C n ( r"' . TIMOTHY S. LEHMAN, ) t Plaintiff xo A? C_ V. ) No. 2006-6848 c. KATHLEEN K. LEHMAN, Defendant Petition For Waiver Of Costs o ?r 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: KATHLEEN K. LEHMAN ADDRESS: 1780 Weatherburn Drive, New Cumberland, Pa 17070 (B) EMPLOYMENT: If you are presently employed, state: EMPLOYER: Penn State University Hershey Medical Center ADDRESS: 500 University Drive, Hershey, PA 17033 SALARY OR WAGES PER MONTH: $ 1,785 TYPE OF WORK: Medical Research Assistant 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: $ 1,100 (January-April) UNEMPLOYMENT COMPENSATION: $ 0 WORKER'S COMPENSATION: $ 0 WELFARE: $ 0 OTHER (Food Stamps): $ 150 (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: $ 100 SAVINGS ACCOUNT: (None) CERTIFICATES OF DEPOSIT, STOCKS, BONDS: (None) REAL ESTATE / HOME: (None) MOTOR VEHICLE: Yew- Make and model Cost Amount still owed 2006 Chevy Malibu $ 6,000 $ 4,000 OTHER: (None) (F) DEBTS AND OBLIGATIONS PER MONTH: MORTGAGE/RENT: $ 675 WATER/SEWER: $ 50 ELECTRIC: $ 160 TELEPHONE: $ 100 OIL/GAS/HEAT: $ 0 CABLE: $ 64 FOOD: $ 500 CLOTHING: $ 100 CHILD SUPPORT: $ 0 CHILD CARE: $ 160 TRANSPORTATION: $ 300 MEDICAL EXPENSES: $ 200 Petition for Waiver of Costs, Page 3 of 4 LOAN PAYMENTS: $ 160 CREDIT CARD PAYMENTS: $ 100 INSURANCE: $ 103 MISCELLANEOUS: $ 75 (G) PERSONS DEPENDENT UPON YOU FOR SUPPORT: CHILDREN (STATE NAMES AND AGES): Name Age Brady D. Lehman 10 years Brooke M. Lehman 10 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 unsworn falsification to authorities. Date: j KATHLEEN K. L MAN, Defendant Petition for Waiver of Costs Page 4 of 4 TIMOTHY SCOTT LEHMAN, Plaintiff V. KATHLEEN KATEKOVICH LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN NLVANIA; f NO. 2006-6848 an7 .`` t w ri _ CIVIL ACTION - LAWd ° f. CUSTODY' ACz: ter, -+ c', -? r4) a. PRAECIPE TO ENTER AND WITHDRAW APPEARANCES TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Defendant as the custody case has been resolved by Agreement which was made an Order of Court. DATE: 7/18/11 KEfNE`IJH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street 1 st Floor Harrisburg, PA 17102 (717) 234-3136 Please enter my appearance pro se in the above matter. DATE: l? , -Witt KATHLE N KATEKOVICH LEHMAN Pro Se 1780 Weatherburn Drive New Cumberland, PA 17070 (717) 991-3263 ., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV)Wlk, CIVIL ACTION - LAW x 3 CC; m ? cn m z (n r- -V 1 ? TIMOTHY S. LEHMAN, ) rte- co C.> Plaintiff ) Z C 2006-6848 ) No =" . V. N D KATHLEEN K. LEHMAN, ) Defendant ) ORDER OF COURT AND NOW, this sY day of s 0,0 VLftt for , 20/ J. Petition for Waiver of Costs Page 1 of 4 it is hereby ORDERED that KATHLEEN K. LEHMAN, 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. r rn v 0 ?r n Dv Tub' PCIT TT?T- TIMOTHY S. LEHMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-6848 CIVIL ACTION LAW ,--, KATHLEEN K. LEHMAN IN CUSTODY rn co -° cn ;?tm DEFENDANT rn rn -- -,Jr- D, co O r- 3 ORDER OF COURT C-? „ 7T c ; r Thursday, September 08, 2011 upon consideration of the attached 6mpl2int?i_ AND NOW , it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 29, 2011 at 2:30 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. 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/ Hubert X. GV 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 lPc? T? ? ?l? cod ,oal ? ?o?l a??tQ? ?' ???? S ??/I- OrICr/?o?r- C-7, lro y ?o /ac ?d ? i . ~ • TIMOTHY LEHMAN, : iN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COLTNTY, PENNSYLVANIA : NO. 2006-6848 C -n ~ V. : r-ncD O rn- : CIVIL ACTION - LAW -NI KATHLEEN LEHMAN, f-~ Defendant : IN CUSTODY °m p C 2 ~ ~C Zo RULE TO SHOW CAUSE AND NOW, this q-k' day of t~ 04 , 2011, a Rule is hereby issued against Plaintiff Timothy Lehman and Defendant Kathleen Lehman to show cause, if any, why this Petition for Leave of Counsel should not be granted and Petitioner Joanne Harrison Clough, Esquire should not be granted permission to withdraw as counsel for Defendant Kathleen Lehman. Rule returnable within 'LO days of date of service. BY THE COURT: J. ? J~ne ~}q.rrisc~~ ~C , IPS ~ .i 46,+h leen Lp-hman Cop ~ o / ' mo+hH LEhtKtl T pK$ TIMOTHY S. LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA_ , vs. CIVIL ACTION - LAW KATHLEEN LEHMAN, NO. 2006-6848, '%- Defendant IN CUSTODY x> COURT ORDER AND NOW hi f J d 2012 id i f h h , t s ay o anuary, , upon cons erat on o e attac t ed Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in courtroom No. 2 of the Cumberland County Courthouse on the _ day of 2012, at 4390_&. m. At this hearing, the Mother shall be the moving party and shall proceed initially with testimony. The parties shall file with the Court and the opposing party a Memorandum setting forth the history of custody in this case, the issues currently before the Court, each party's positions on those issues, a list of witnesses each party will call to testify in this matter and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's Order of October 28, 2011, shall remain in effect. BY THE COURT: M. L. Ebert, Jr., Judge cc: Mr. Timothy S. Lehman Ms. Kathleen Lehman (I: o en; wua , / ec4 I l 4) / l P-g& TIMOTHY S. LEHMAN, Plaintiff VS. KATHLEEN LEHMAN, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL, ACTION - LAW NO. 2006-6848 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Brady L. Lehman, born May 15, 2001 Brooke M. Lehman, born June 21, 2001 2. A Conciliation Conference was held on January 20, 2012, with the following individuals in attendance: The father, Timothy S. Lehman, and the mother. Kathleen Lehman. 3. This is the third custody conciliation conference held in this matter. Both parties appeared without counsel. Father suggested the existing Order is satisfactory. Mother suggests she wants a hearing in this matter for some reason. 4. The Conciliator recommends an Order in the form as attached. Date: January 2012 '?* Hubert X. Gilroy, Es uire Custody Conciliato TIMOTHY S. LEHMAN, Plaintiff vs. KATHLEEN LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION - LAW NO. 2006-6848 IN CUSTODY MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than 1/2 day. Date: January .2/?, 2012 U Hubert X. Custody ? •oy, Esquire F. V'ILF.SThents112321 Custody Conciliations\FORMSVMemo to Court Admin.estimated length ofhearing TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN KATEKOVICH LEHMAN, : DEFENDANT : NO. 06-6848 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of June, 2012, after conciliation conference held on January 20, 2012, at which Mother, Kathleen Lehman, requested a hearing, and after hearing at which both parties appeared pro se, pursuant to 23 Pa.C.S.A. §5323(d), the Court states the following reasons for granting Mother continuing primary physical custody: 1. Mother has performed the majority of the parental duties for these children and has done so in a competent and satisfactory manner. 2. The need for stability and continuity in the childrens education, family life and community life will best be served with Mother having primary physical custody. 3. Given the fact that Father is caring for his own aging Mother, the childrens' Mother is more likely to attend to the daily physical, emotional, developmental, and educational needs of the children. 4. The level of conflict between these parties is very high and there is little hope that they will be able to communicate effectively so as to be able to co-parent. 14 t 5. While this Court does not find that Father poses any safety risk to the children, the current schedule of alternating physical custody with the Father best serves the interest of the children at this time. By the Court, M. L. Ebert, Jr., J. :Timothy Scott Lehman, Pro Se Plaintiff Kathleen Katekovich Lehman, Pro Se , Defendant OM-1 !kl/ 3?j c n r - ?ti Cop 'e3 .'C ? ??ti ca a , N3 TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN KATEKOVICH LEHMAN, : DEFENDANT : NO. 06-6848 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of June, 2012, after hearing in the above captioned matter, the Court finds that there has been no material change between the parties that affects their relationship with their children. Additionally, the Court finds that the Father does not pose any safety risk to the children at this time. Accordingly, IT IS HEREBY ORDERED AND DIRECTED the Custody Order of March 30, 2011, as supplemented by the Order of October 28, 2011, shall remain in effect and govern the custody arrangement between Father and Mother. ? Timothy Scott Lehman, Pro Se Plaintiff Kathleen Katekovich Lehman, Pro Se Defendant i 1p; e5 04&, By the Court, A M. L. Ebert, Jr., J. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TIMOTHY S. LEHMAN, ) , Plaintiff ) c F -1 co .,., V. ) No. 2006-6848 Civil �m r . KATHLEEN LEHMAN, s Defendant =C) Petition for Contempt 1. Petitioner is Plaintiff, TIMOTHY S. LEHMAN, who currently resides at 22 Barshinger Avenue, York, Cumberland County, PA 17403. 2. Respondent is Defendant, KATHLEEN LEHMAN, who currently resides at 1780 Weatherburn Drive,New Cumberland, Cumberland County, PA 17070. 3. Petitioner and Respondent are the natural parents of the following children: Name Age BRADY D. LEHMAN 12 years BROOKE M. LEHMAN 11 years 4. An order was entered on 06/13/2012 affirming the Custody Order of 3/30/2011, as supplemented by the Order of October 28, 2011, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: Kathleen Lehman is refusing to allow visitation during Timothy Lehman's periods of custody and is also refusing the father to have any contact with the children via telephone. Petition for Contempt Page 3 of 5 WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court. Date: TIMOTHY S. LEHMAN, Plaintiff , Verification I, TIMOTHY S. LEHMAN, Plaintiff, 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: ' '—(3 TIMOTHY S. LEHMAN, Plaintiff Petition for Contempt Page 4 of 5 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TIMOTHY S. LEHMAN, ) Plaintiff ) V. ) No. 2006-6848 KATHLEEN LEHMAN, ) Defendant ) Certificate Of Service I, TIMOTHY S. LEHMAN, Plaintiff in the above matter, hereby certify that on 5/16/2013 , I mailed a true and correct copy of the Petition for Contempt, by first class mail, postage prepaid, to: KATHLEEN LEHMAN 1780 Weatherburn Drive New Cumberland, PA 17070 In addition, Kathleen Lehman, was served this petition during an Enforcement Hearing on 5/16/2013 in the Domestic Relations Office, Cumberland County, 13 N. Hanover St. Carlisle, PA 17013. This was hand delivered by the plaintiff. I certify that (check ALL of the following which are true): Regular mail: [ ] 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 2 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 unsworn falsification to authorities. s� 3 Date: (Signature)TIMOTHY S. LEHMAN Certificate of Service Page 2 of 2 TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN KATEKOVICH LEHMAN, DEFENDANT NO. 06-6848 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of June, 2012, after hearing in the above captioned matter, the Court finds that there has been no material change between the parties that affects their relationship with their children. Additionally, the Court finds that the Father does not pose any safety risk to the children at this time. Accordingly, IT IS HEREBY ORDERED AND DIRECTED the Custody Order of March 30, 2011, as supplemented by the Order of October 28, 2011, shall remain in effect and govern the custody arrangement between Father and Mother. By the Court, M. L. Ebert, Jr., J. ' _J Mtom_ .i.- Timothy Scott Lehman, Pro Se C/1)'' -- -<y'. CD i Plaintiff � ` c 1 � C Kathleen Katekovich Lehman, Pro Se —� e.a M Defendant Tom' TRUE COPY FROi1d'i RECORD In Testimony whereof,-I here unto set my hand and the seal of said court at Carlisle,Pa. This. day of 20 /-7- Prothonotary r TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN KATEKOVICH LEHMAN, DEFENDANT NO. 06-6848 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 131h day of June, 2012, after conciliation conference held on January 20, 2012, at which Mother, Kathleen Lehman, requested a hearing, and after hearing at which both parties appeared pro se, pursuant to 23 Pa.C.S.A. §5323(d), the Court states the following reasons for granting Mother continuing primary physical custody: 1. Mother has performed the majority of the parental duties for these children and has done so in a competent and satisfactory manner. 2. The need for stability and continuity in the childrens education, family life and community life will best be served with Mother having primary physical custody. 3. Given the fact that Father is caring for his own aging Mother, the childrens' Mother is more likely to attend to the daily physical, emotional, developmental, and educational needs of the children. 4. The level of conflict between these parties is very high and there is little hope that they will be able to communicate effectively so as to be able to co-parent. M .r� 5. While this Court does not find that Father poses any safety risk to the children, the current schedule of alternating physical custody with the Father best serves the interest of the children at this time. By the Court, M. L. Ebert, Jr., J. Timothy Scott Lehman, Pro Sep Plaintiff Kathleen Katekovich Lehman, Pro Se Defendant C:) ny T-I TRUE COPY FROM RECORD In Testimony whereof, l here unto,set my hand and the seal of said Court at Carlisle , Pa. This _day of 20 /.2 Prothonotary TIMOTHY S. LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW KATHLEEN LEHMAN, NO. 2006-6848 Defendant IN CUSTODY COURT ORDER AND NOW,this a��' day of_ L+0& ,2011,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The March 30,2011,Order of Court which incorporated a Custody Agreement of the parties shall remain in place subject to the modifications as set forth below: A. Father's period of temporary custody with the minor children shall start again on alternating weekends consistent with the time schedule set forth at Paragraph 2 (A) of the mentioned Custody Agreement. Father's first weekend shall be October 28, 2011, and proceed on alternating weekends thereafter. B. The Mother shall have custody of the children on the Thanksgiving holiday in 2011 with that following weekend being Father's weekend under the alternating weekend schedule. C. The Christmas weekend is Father's weekend under the alternating schedule. However,the parties shall handle the Christmas holiday with Mother having the children starting on Friday evening the 23rd of December. Father shall obtain custody starting at noon on Christmas day and shall enjoy custody through 7:00 p.m. on December 28. D. Father's periods of alternating weekend custody shall commence again on January 6, 2012. 2. When the children are in the custody of the Father, the Father shall ensure that the children give Mother a phone call each day which, unless agreed otherwise by the parties, shall be at 7:00 p.m. 3. The Mother shall ensure that Father has the appropriate medication for both children so that he may administer necessary medication to the children when he has custody of the children. 4. When the children are in Mother's custody, she shall ensure that Father has reasonable-telephone contact with the minor children. Absent some agreement between the parties, Mother shall ensure that the children talk to the Father on the telephone at least once every three days. 5. The parties shall meet again with the Custody Conciliator for a conference on Friday, January 20,2012,at 8:30 a.m. At that time,the Conciliator will address the custody schedule set forth in this Order and discuss with the parties the potential for the entry of a permanent Order. If the parties are unable to agree,the Conciliator may refer the matter to the Court for the scheduling of a hearing on the merits of this case. BY THE COURT: 1s pt .L. F- L. Ebert, Jr., Judge cc: Joanne Harrison Clough, Esquire TRUE COPY FROM RECORD Mr. Timothy ehman In Testimony whereof;I here unto set my hand Y and the.aeal of..said,Coaut at Carlisle,Pa. This...3,(: ���/ � Prothonotary r TIMOTHY S. LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW KATHLEEN LEHMAN, NO. 2006-6848 Defendant IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr., CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator conducted a second custody conciliation with the parties and Mother's attorney on October 26,2011. Since the last conciliation,various medical related reports have been exchanged. 2. The parties agreed to the entry of an Order in the form as attached. Date: October 2011 c Hubert X. Gilroy, Es q re Custody Conciliator e r CIVIL,ACTION-LAW TIMOTHY S. LEHMAN, ) Plaintiff ) V. KATHLEEN LEHMAN, } Defendant ) ORDER OF COURT Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for custody, partial custody or visitation. If you wish to defend against the claim set forth in the following pages,you may but are not required to file in writing with the court_your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in Court on , 200 , at m., in Courtroom of Cumberland County Courthouse, 1 Courthouse Square, Carlisle,Pennsylvania 17013. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for custody, partial custody or visitation, you may be found to be in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THISOFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service Phone: (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. BY THE COURT: DATE: JUDGE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION -LAW TIMOTHY S. LEHMAN, ) �. Plaintiff ) riir�' �' ,rn C) rte. V. ) No. 2006-6848 Dry --V KATHLEEN LEHMAN ) i;Z' '' Defendant Petition for Contempt 1. Petitioner is Plaintiff, TIM0THY S. LEHMAN, who currently resides at 22 Barshinger Avenue, York, C�d County,PA 17403. 2. Respondent is Defendant, KATHLEEN LEHMAN, who currently resides at 1780 Weatherburn Drive,New Cumberland, Cumberland County,PA 17070. 3. Petitioner and Respondent are the natural parents of the following children: Name Age BRADY D. LEHMAN 10 years BROOKE M. LEHMAN 10 years 4. A custody order was entered on 03/30/2011, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: Kathleen Lehman is refusing to allow visitation during Timothy Lehmads periods of custody and is also refusing the father to have any contact with the children via telephone. WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court. Date: , '�J TITXOTHY S.VLEHMAN, Plaintiff Verification I, TIMOTHY S. LEI'�1 I/ ,Plaintiff, veriP.y that the �.cts 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: TIMOTHY S. L HMAIN, Plaintiff TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6848 KATHLEEN KATEKOVICH LEHMAN, CIVIL ACTION- LAW Defendant/Respondent CUSTODY CERTIFICATE OF SERVICE I, Timothy S. Lehman, hereby certify that I am on this day serving a copy of the Petition for Modification of Custody upon the person(s) and in the manner indicated below: US Regular Mail addressed as follows: Kathleen Katekovich Lehman 1780 Weatherburn Drive New Cumberland, PA 17070 n Timothy S. Lehman Date: _ g q 11 - TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-6848 KATHLEEN KATEKOVICH LEHMAN, CIVIL ACTION - LAW Defendant CUSTODY O R D E R AND NOW, this 304 day ofar�h 2011, it is hereby ORDERED and DECREED that the attached Custody Agreement executed by all parties is hereby made an Order of Court. BY THE COURT: M.L. EBERT, JR. , J. DISTRIBUTION: Kenneth F. Lewis, Esq. , 1101 N. Front St. , Hbg. , PA 17102 (counsel for Mother) Timothy Scott Lehman, 22 Barshinger Avenue, York, PA ; 17403 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said Court.at Carlisle,Pa. This fed of.�Lpu1�,1�.,20.x_ - �� Prothonotary r TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-6848 r=' KATHLEEN KATEKOVICH LEHMAN, CIVIL ACTION - LAW rnCC) z'�r Defendant CUSTODY tTt- v rn -<> � O tp A- —r �+n co CUSTODY AMR ENT AND NOW, this Z ' day of March 2011 the parties stipulate to the following provisions being made an Order of Court. 1 . KATHLEEN KATEKOVICH LEHMAN (hereafter "Mother") shall have primary legal and physical custody of the parties ' children, BRADY L. LEHMAN, born May 15, 2001 and BROOKE M. LEHMAN, born June 21, 2001 . 2 . TIMOTHY SCOTT LEHMAN (hereafter "Father") shall have the following periods of physical custody: a) Alternating weekends: Father shall pick up the children after his work, or after school, or at 8: 30 a.m. should Father not be working and the kids not have school . He shall return the children to Mother' s residence on Sunday at 7 : 00 p.m. Father' s alternating weekends shall begin Friday, May 6, 2011. b) Such other and further times as the parties shall agree (i. e. should some weeknight dinners be practical given the extra-curricular activities, etc. ) . 3. During the summers, in addition to the times set forth in paragraph 42, Father shall also be entitled to have one full week vacation with the children each month. The weeks must include Father' s scheduled weekend. 4 . Mother shall also be entitled to have one full week vacation with the children each month. The weeks must include Mother' s scheduled weekend. 5. Father and Mother shall give the other party at least 45 days notice of any vacation week he or she plans to take. The weeks the children will be at camp will not be available for either parent to take vacation. 6. The parties shall share or alternate holidays as they agree. 7 . Notwithstanding Mother having primary custody, Mother shall consult with Father regarding all major decisions affecting the children' s lives, including but not limited to, the children' s health, medical, dental and mental health treatment, as well as the children' s education. The parties shall engage in discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children' s best interests: a- Each parent has the duty to obtain and is entitled to complete and full information from their children' s doctors, dentists, teachers, and other professionals and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa.C. S.A. §5309. b. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children' s schools, physicians, psychologists, or other individuals concerning the child' s progress and welfare. 8 . Each parent shall keep the other informed with respect to all social activities of the children and each parent is obligated to ensure that they reasonably get the children to scheduled events. 9. Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children ' s property, not the parents, entitling the toys or clothes to be taken by the children back and forth, as is reasonably appropriate. 10. No Conflict Zone: a. The parents shall not alienate the affections of their children from the other parent and the other parent ' s extend ed. family and shall make a special conscious effort not to do so and to the extent possible prevent third parties from alienating the children' s affections for the other parent as well as the other parent ' s extended family. b. The parents shall establish a No Conflict Zone for their children and refrain from making derogatory comments about the other in the presence of their children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children, whether the children are sleeping, awake, or in another room. c: Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name (i . e. mom, dad, your grandmother, etc. ) . d. Each parent agrees to refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between parents, without using the children as an intermediary. e. Each parent shall confer with the other before arranging regularly occurring extracurricular activities which might interfere with regular visitation. 11 . Special Family Events. The parents shall permit and support their children' s access to all family relationships. Special family events such as weddings, family reunions, funerals, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent may propose time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 12 . Communication. Each parent shall provide the, other with all applicable addresses, telephone numbers (including home, work and cell phone numbers) and e-mail addresses. The parent having physical custody of the children shall ensure the other parent has reasonable telephone and e-mail privileges with the children. 13 . Modification. Any of the provisions of this Order may be modified or deleted upon mutual consent of the parents . The parents acknowledge circumstances may warrant a change in custodial periods and agree to work together in the best interests of their children and in accordance with their schedules. WIT PE TIMOTHY S OTT LEHMAN CM�7 WI NES KATHLEEN KATEKO CH LEHMAN TIMOTHY S. LEHMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI.� V. 2006-6848 CIVIL ACTION LAW rlv„ N) cz) KATHLEEN LEHMAN IN CUSTODY ' ' DEFENDANT :Z. cz, ORDER OF COURT AND NOW, Wednesday,May 29,2013 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X.Gilroy,Esq. the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Thursday,June 20,2013 10:30 AM for a Pre-Hearing Custody Conference. At such conference,ail 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/ Hubert X. Gilro V.Esq., Custody Conciliator Fr The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TIMOTHY S. LEHMAN, Plaintiff ..a=, CD V. ) No. 2006-6848 KATHLEEN K. LEHMAN, ) ° Defendant ) � x C:) N> a Petition for Modification 1. Petitioner is Defendant, KATHLEEN K. LEHMAN, who currently resides at 1780 Weatherburn Drive,New Cumberland, Cumberland County, PA 17070. 2. Respondent is Plaintiff, TIMOTHY S. LEHMAN, who currently resides at 22 Barshinger Avenue, York, York County, PA 17403. 3. Petitioner and Respondent are the natural parents of the following children: Name Age BRADY D. LEHMAN 12 years BROOKE M. LEHMAN 11 years 4. A custody order was entered on 6/13/2012, 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: It is in the best interests of the children to create and adhere to a regular schedule. Conciliation previously scheduled f6r Thursday, June 20, 2013. 6. Petitioner believes the custody order should be changed as follows: More concrete exchange and phone call times must be specified and alternatives must be explored. . pd u �o#ly 38,326�'�l� y #- Q�ids Petition for Modification Page 3 of 5 WHEREFORE, Petitioner respectfully requests that this Court modify the Order as requested. Date: KATHLEE L HMAN, Defendant Verification 1,KATHLEEN K. LEHMAN, 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:—.O ( 'e -10� 4THLEE E AN,Defendant Petition for Modification Page 4 of 5 TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN KATEKOVICH LEHMAN, DEFENDANT NO. 06-6848 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of June, 2012, after conciliation conference held on January 20, 2012, at which Mother, Kathleen Lehman, requested a hearing, and after hearing at which both parties appeared pro se, pursuant to 23 Pa.C.S.A. §5323(d), the Court states the following reasons for granting Mother continuing primary physical custody: 1. Mother has performed the majority of the parental duties for these children and has done so in a competent and satisfactory manner. 2. The need for stability and continuity in the childrens education, family life and community life will best be served with Mother having primary physical custody. 3. Given the fact that Father is caring for his own aging Mother, the childrens' Mother is more likely to attend to the daily physical, emotional, developmental, and educational needs of the children. 4. The level of conflict between these parties is very high and there is little hope that they will be able to communicate effectively so as to be able to co-parent. a 5. While this Court does not find that Father poses any safety risk to the children, the current schedule of alternating physical custody with the Father best serves the interest of the children at this time. By the Court, M. L. Ebert, Jr., J. : Timothy Scott Lehman, Pro Se Plaintiff Kathleen Katekovich Lehman, Pro Se o � Defendant rTI r� ` ? TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN KATEKOVICH LEHMAN, DEFENDANT NO. 06-6848 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of June, 2012, after hearing in the above captioned matter, the Court finds that there has been no material change between the parties that affects their relationship with their children. Additionally, the Court finds that the Father does not pose any safety risk to the children at this time. Accordingly, IT IS HEREBY ORDERED AND DIRECTED the Custody Order of March 30, 2011, as supplemented by the Order of October 28, 2011, shall remain in effect and govern the custody arrangement between Father and Mother. By the Court, A M. L. Ebert, Jr., J cw: m w ":.: ✓ Timothy Scott Lehman, Pro Se _ '-.. Plaintiff —<_,- w r--. _, Kathleen Katekovich Lehman, Pro SerY. Defendant +' -- N �1_/GG • _ u TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-6848 KATHLEEN KATEKOVICH LEHMAN, CIVIL ACTION - LAW Defendant CUSTODY O R D E R AND NOW, this �30�', day of 2011, it is hereby ORDERED and DECREED that the attached Custody Agreement executed by all parties is hereby made an Order of Court. BY THE COURT: A.t L a�f , M./LL. EBERT, JR.,- J. DISTRIBUTION: Kenneth F. Lewis., Esq. , 1101 N. Front St. , Hbg. , PA 17102 (counsel for Mother) Timothy Scott Lehman, 22 Barshinger Avenue, York, PA 17403 CORD ,.TF�ll��'.CO f/�_,kQ,11fl,,F�E.. hand ' V.hbte.unto set my lmtel timony Whergof,. and tgei4e'aall 0$007150 Carliste,Pa. This 5�. day Of 201L..— Prothonotary TIMOTHY SCOTT LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-6848 C= KATHLEEN KATEKOVICH LEHMAN, CIVIL ACTION - LAW MOD pr Defendant CUSTODY CUSTODY AGREEMENT c:) �� ?y < o -G AND NOW, this Z( day of March, 2011, the parties stipulate to the following provisions being made an Order of Court. 1. KATHLEEN KATEKOVICH LEHMAN (hereafter "Mother") shall have primary legal and physical custody of the parties ' children, BRADY L. LEHMAN, born May 15, 2001 and BROOKE M. LEHMAN, born June 21, 2001. 2. TIMOTHY SCOTT LEHMAN (hereafter "Father") shall have the following periods of physical custody: a) Alternating weekends: Father shall pick up the children after his work, or after school, or at 8: 30 a.m. should Father not be working and the kids not have school. He shall return the children to Mother' s residence on Sunday at 7: 00 p.m. Father's alternating weekends shall begin Friday, May 6, 2011. b) Such other and further times as the parties shall agree (i.e. should some weeknight dinners be practical given the extra-curricular activities, etc. ) .' 3. During the summers, in addition to the times set forth in paragraph #2, Father shall also be entitled to have one full week vacation with the children each month. The weeks must include Father's scheduled weekend. 4 . Mother shall also be entitled to have one full week vacation with the children each month. The weeks must include Mother' s scheduled weekend. 5. Father and Mother shall give the other party at least 45 days notice of any vacation week he or she plans to' take. The weeks the children will be at camp will not be available for either parent to take vacation. G. The parties shall share or alternate holidays as they agree. 7 . Notwithstanding Mother having primary custody, Mother shall consult with Father regarding all major decisions affecting the children' s lives, including but not limited to, the children' s health, medical, dental and mental health treatment, as well as the children 's education. The parties shall engage in discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children' s best interests: a. Each parent has the duty to obtain and is entitled to complete and full information from their children' s doctors, dentists, teachers, and other professionals and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa.C. S.A. •§5309. b. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children 's schools, physicians, psychologists, or other individuals concerning the child's progress and welfare. 8 . Each parent shall keep the other informed with respect to all social activities of the children and each parent is obligated .to ensure that they reasonably get the children to scheduled events. 9. Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children' s property, not the parents, entitling the toys or clothes to be taken by the children back and forth, . as is reasonably appropriate. 10. No Conflict Zone: a. The parents shall not alienate the affections of their children from the other parent and the other parent' s extended family and shall make a special conscious effort not to do so and to the extent possible prevent third parties from alienating the children ' s affections for the other parent as well as the other parent ' s extended family. b. The parents shall establish a No Conflict Zone for their children and refrain from making derogatory comments about the other in the presence of their children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children, whether the children are sleeping, awake, or in another room. C. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name '(i.e. mom, dad, your grandmother, etc. ) . d. Each parent agrees to refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between parents, without using the children as an intermediary. e. - Each parent shall confer with the" other before arranging regularly occurring extracurricular activities which might interfere with regular visitation. 11. Special Family Events. The parents shall permit and support their children's access to all family relationships . Special family events such as weddings, family reunions, funerals, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent may propose time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 12. Communication. Each parent shall provide the other with all applicable addresses, telephone numbers (including home, work and cell phone numbers) and e-mail addresses. The parent having physical custody of the children shall ensure the other parent has reasonable telephone and e-mail privileges with the children. 13. Modification. Any of the provisions of this order may be modified or deleted upon mutual consent of the parents. The parents acknowledge circumstances may warrant a change in custodial periods and agree to work together in the best interests of their children and in accordance with their schedules. WIT E TIMOTHY S OTT �LP�� Ml , WI NES KATHLEEN KATEKO CeH�ATLF H UNITED STATES POSTAL SERVICE. cer4i6 i ale of-mil'✓i� oMo " 00-((fig -1-061 v .. Date: June 27, 2013 I p^ K / 61ajl Kathleen Lehman: DrilfiCt[01+ The following is in response to your June 27, 2013 request for delivery information on your Certified Mail TM item number 71147336155367235663. The delivery record shows that this item was delivered on June 25, 2013 at 12:04 pm in YORK, PA 17403. The scanned image of the recipient information is provided below. Signature of Recipient : dNe `` f, 4).‘14 44.c./ e aif e Address of Recipient : -•.- 1/9 -a14,-% Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service w -. U) w `> � cps; TIMOTHY S. LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C= C- vs. CIVIL ACTION - LAW _V:r L-0 rnc:) C— KATHLEEN LEHMAN, NO. 2006-6848 Defendant IN CUSTODY PRIOR JUDGE: The Honorable M. L. Ebert, Jr. =c:) C� COURT ORDER AND NOW, this day of�*2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Custody Orders in this case are hereby modified as follows: 1. During the summer months,father's periods of custody on alternating weekends shall commence at Friday at 3:30 p.m. and extend to Monday morning at 10:30 a.m. Father shall pick the children up at mother's home Friday afternoon and return them to the daycare center on Monday morning. Father shall have a grace period of thirty minutes with respect to the pickup time, with mother directed to wait until at least 4:00 p.m. in connection with father picking up the children. 2. During the school year,father's periods of custody on the alternating weekends shall commence on Friday at 3:30 p.m. and extend to Sunday evening at 7:00 p.m. The provisions with respect to pick up as set forth in paragraph one (1) above shall also apply during the school year. 3. Any daycare center for the minor children,Brady D.Lehman and Brook M.Lehman, are authorized to provide any and all pertinent information pertaining to the children to the father. 4. Father is directed to prepare a schedule addressing the 2013/2014 school year for those days the children are off school but father will be available and off work and father desires custody on those days. Father shall provide that schedule to the Conciliator with a copy to mother. Mother shall respond to that schedule with her proposal, after which the Conciliator may recommend a supplemental Order to this Court. Father shall do the same in connection to the holiday schedule for the period between Memorial Day 2013 and Labor Day 2014, with the mother responding and the Conciliator submitting a proposed Order to the Court. 5. Father shall obtain a cell phone and provide mother with his cell phone number. Mother shall also provide the cell phone number to the children. Mother is directed to insure that the children have at least one telephone conference with the father between father's alternating weekends of visitation. The children are free to communicate with father otherwise on their own,but mother must insure that at least one communication takes place between the alternating weekends. Both parties shall insure that they keep each other advised with respect to a current cell phone number where they may be reached, 6. Father's petition for contempt is withdrawn with the understanding that he may institute allegations made in that petition in the future in the event he feels a similar petition will need to be filed. BY THE COURT: Ilk M. L. Ebert, Jr., Judge Cc: r. Timothy S. Lehman Ms. Kathleen Lehman C40 ES A 0111A? TIMOTHY S. LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW KATHLEEN LEHMAN, NO. 2006-6848 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Custody Conciliator conducted a Conciliation Conference with the parties on June 27,2013. This is approximately the fourth time the parties have been before the Custody Conciliator,and they have also been before Judge Ebert on what appears to be more than one occasion. A number of items need to be modified on the Custody Order, and the Conciliator recommends an order in the form as attached. Date: June '0 2013 of Ko Hubert X. Gily'by, Esquire Custody Co c iliator