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HomeMy WebLinkAbout06-7190 KRISTY J. LEHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. O/, - 1/90 Civil Term JEREMY L. LEHMAN, Defendant : IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Kristy J. Lehman, who currently resides at 500 S. Spring Garden St., Carlisle, Pa. 17013. 2. Defendant is Jeremy L. Lehman, who currently resides at 37 Watson Drive, Carlisle, Pa., 17015. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOH/AGE ADDRESS Morgan E. Lehman 7/5/98 (8) 500 S. Spring Garden St. Carlisle, Pa. 17013 Mother and Father married on November 14, 1997 and divorced in May 2004. Mother currently has primary physical custody of the child. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Kristy J. Lehman Jeff Martson Tanner Martson (2) 500 S. Spring Garden St. Carlisle, Pa. 17013 December 2003 - present. Kristy J. Lehman 450 S. 3rd St. #4 Lemoyne,Pa.17043 July 2003 - December 2003 Kristy J. Lehman Jeremy L. Lehman 500 S. Spring Garden St. Carlisle, Pa. 17013 July 2002 - July 2003 Kristy J. Lehman Jeremy L. Lehman 1418 Bradley Dr. Carlisle, Pa. 17013 December 1994 - July 2002 The mother of the child is Kristy J. Lehman. She currently resides at 500 S. Spring Garden St., Carlisle, Pa. 17013. She is not married. The father the child is Jeremy L. Lehman. He currently resides at 37 Watson Drive, Carlisle, Pa. 17015. He is married to Amber Lehman. 4. The relationship of plaintiff to the child is that of Mother. The Plaintiff currently resides with Jeff Martson and their son, Tanner Martson (2). 5. The relationship of defendant to the child is that of Father. The Defendant currently resides with his wife, Amber Martson. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties were divorced in May 2004. For several years. the parties have been operating under an informal custody agreement. Mother is now requesting that the parties' agreement be entered as an Order of Court. It would be in the best interest of the child to enter the agreement as an Order because this would provide security and stability for the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: /::r/; 9/0 b e Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: / g-} S7 ~fo ~ (' 'J ~ ~~ ~ ~ ~ ~ ~ \ ~ CA, " \, ~. ~ ~ ~ ~ \ \ . \.. . ~ n ,..." c Z s~ c...'"""\ o ." ~ -I (J :r: -n nl- r i"l'l C7 \.D '"' -.:- -l'. _ -f~ .. ",.I .c- ~~ \.0 ~ ~ c J..,~ " J , .. . KRlSTY J. LEHMAN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 0 ~ - ') /90 Civil Term JEREMY L. LEHMAN, Defendant : IN CUSTODY STIPULATION AND CUSTODY AGREEMENT jk This Stipulation and Custody Agreement is made this ) 8 day of Oe(atwl~, 2006, by and between KRlSTY J. LEHMAN, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and JEREMY L. LEHMAN, (Hereinafter referred to as "Father"), of.Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Morgan E. Lehman, date of birth, July 5, 1998; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cunlberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: ~. 1. Le~al Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special event~ notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take'possession of a child away from the custodial parent for a c~rtain period oftime. Father shall have partial custody of the child as follows: A. Regular Parenting Time. Father shall have a block oftime with the child every Tuesday, from 4:00 p.m. through 7:30 p.m. and every other weekend, from Friday at 4:00 p.m. through Sunday at 5:00 p.m. During the summer vacation, Father may extend his visits through 8:30 p.m. B. Summer Visitation. For purposes of summer vacation, each parent shall be allowed one (1) seven-day period of uninterrupted parenting time, determined from Sunday to Sunday. Mother shall always have the option of having the last week of July. Father shall not have his seven-day period during the last week of July or in any week including the child's birthday. Each party will give at least thirty (30) days notice of their desired seven-day period. C. Holiday Schedule. On odd-numbered years, Father shall have the child on Easter Sunday, July 4'\ and Thanksgiving from 10:00 a.m. through 6:00 p.m., on Christmas Eve from 4:00 p.m. to 8:00 p.m., on Christmas Day from 12:00 p.m. through 7:00 p.m., and on New Year's Eve from 4:00 p.m. through New Years Day at 10:00 a.m. On even-numbered years, Father shall have custody on New Year's Day, Memorial Day, and Labor Day from 10:00 a.m. to 6:00 p.m., and on Christmas Eve from 6:00 p.m. until Christmas Day at 12:00 p.m. D. Special Days. Father shall have custody on Father's Day from 10:00 a.m. until 6:00 p.m. Mother shall have custody on Mother's Day at 10:00 a.m. Father may , , . retai~ custody of the child on child's birthday should it fall during his regularly scheduled parenting weekend. Mother may retain custody of the child on the child's birthday should it fall during her regularly scheduled weekend. When the child's birthday falls during the week, each party may have a block of time with the child on her birthday unless agreed otherwise. E. Conflicts Clause. Special Days and holidays shall prevail over regular periods of parenting time. F. Days Off. Both parties acknowledge that they each receive paid holidays. The parties will agree to alternate or share custody of the child on the days they have their respective paid holidays. If either party has the opportunity to have the child on a paid holiday, and chooses not to exercise their additional time (but rather send the child to daycare or a babysitter), then that party shall be responsible for any costs associated for the daycare or babysitting. G. Additional Parenting Time. Both parents shall have the right to request additional times, which may be granted to either parent upon mutual agreement. Should one parent be not able to exercise a period of custody the parties shall attempt to agree upon make-up time and the consent of the other party shall not be unreasonably withheld. Nothing in this agreement shall keep the parties from making other arrangements than are provided in this stipulation as long as both parties agree. 4. Miscellaneous Provisions. A. Disparaging Remarks. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. All appropriate measures will be taken by both parents to refrain from, and have others in the child's presence refrain from, making disparaging remarks regarding any member of the child's natural family, regardless of whether the family is that of Father or Mother. B. Communication. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. . , ., C. Child's Property. The child's property, whether given to her as gifts, received by her in payment for tasks performed, or other, is her property, and its respective disposition is hers to designate. The child shall designate where her property shall be kept. The party concluding his or her period of partial custody shall not refuse to surrender any items belonging to the child. All items of the child, for her benefit or use, including but not limited to, medications, eyeglasses, clothing, outerwear, school books, library books, or any other item which belongs to said child, shall be promptly made available to the child for her period of custody with the other parent. 5. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 6. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 7. Bindinl! Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 8. Governine Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 9. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. .. l~ 10. Entire A~reement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Y~i~ a J. L other 2~e!:~tL- (") C ;,::~~ "" = (;;~:,'J 0.', o 11 :.;1 --..1.:-11 fll r= {T; ,-:,::; \::,1 CJ jr-; n \.0 ~T"'1 ('-) rrl .~,~ _.h"- .r:- "'0 ::3 ::0 -< KRISTY J. LEHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA / V. :NO. tJt"'7/rtJ Civil Term JEREMY L. LEHMAN, Defendant : IN CUSTODY ORDER AND NOW, this ~ day of ~ ' 20~, having reviewed the attached agreement between the parties dated December 18, 2006, it is hereby ORDERED and DECREED as follows: 1. Kristy J. Lehman and Jeremy L. Lehman shall share legal custody of their the child, Morgan E. Lehman. 2. Kristy J. Lehman shall have primary physical custody of the child, and Jeremy L. Lehman shall have periods of partial custody as provided by the parties agreement. 3. The parties agreement, dated I?~ber 18th, 2~6, shall be entered as an Order of Court. ,,/ ) ~... ./ /} J. cc: ~e Adams, Esquire, for mother . fiemy L. Lehman, father ~ " ^\ '. '. ~ \ --;