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HomeMy WebLinkAbout94-00312 \.. ..- ~ 5 :> <:S -.l . I ~1 I \.' ~ ~ S ~ .-J. ~, 0- ; 0-1 -, -l . , - > JENNIE L. LAVENDER Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUHIlEllLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ,31'81 CIVIL 1991-J VII. MICHAEL A. LAVENDER Defendant ORDBIl OP COURT lHD NOW, JC~t\v.""'I d 7. 199Li upon consideration of the attached complaint, it ill hereby directed that the parties and their respective counsel appear before Sc:"",,~1 L. 1'1""::>, Esquire, the conciliator, at SCJ<;- fl.1. l1-th Sf. '-<'>(/'Jovnt- , Pennsylvania, on w("ltttoJ""t\e ~I day of Pf'hrl.\l\.r'l, 1991/, at ----L- o'clock fJ.m., for a Pre-Hearing CUstody Conference. At such conference, an effort viII be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrov the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child vho is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. POl THE COURT, By I A_ stody Conciliator 7p'1 YOU SHOULD TAKE THIS PAPBl TO YOUR LAWYEl AT ONCE. IF YOU DO NOT HAVE A LAWYEl Oil CANNOT AFFORD ONE, GO TO Oil TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHBIlE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADHINISTRATOIl COURTHOUSE, 4TH FLOOIl CARLISLE, PA 17013 (n7) 240-6200 J~H Z7 I IIZ PH '9~ )';/I;[ tl~- i,," '. -'IH()''''TAh~' (;U1f:,..-:... .~I,O CI'I);'II r ;:u'~"\i_.A\'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JENNIE L. LAVENDER plaintiff CIVIL ACTION - CUSTODY V. NO. 31'd. C;'1,4.l. 199'/ MICHAEL A. LAVENDER Defendant COMPLAINT FOR CUSTODY AND NOW comes Plaintiff, Jennie L. Lavender, by and through her attorneys, Kundrat & Sedor, and makes the following claim for custody averring in support thereof as follows: 1. The Plaintiff is Jennie L. Lavender, residing at 635 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant is Michael A. Lavender, residing at 903 Spring circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: lWm PRESENT RESIDENCE Am;; DATE OF BIRTH Ashley Marie Lavender 635 Bosler Ave. Lemoyne, PA The Child was not born out of wedlock. The child is 1 yr. 12/03/93 presently in the custody of Plaintiff, Jennie L. Lavender, residing at 635 Bosler Avenue, Lemoyne, Pennsylvania 17043. During the past five years, the child has resided with the 1 following persons and at the following addresses: UAm& Address Jennie L. Lavender 635 Bosler Ave. Lemoyne, PA 17043 Jennie L. Lavender 903 Spring Circle Michael A. Lavender Mechanicsburg, PA 17055 Dates 11/13/93 to the Present 12/03/92 to 11/13/93 The mother of the child is Plaintiff, Jennie L. Lavender, currently residing at the address set for in paragraph one herein, who is married to Defendant, Michael A. Lavender. The father of the child is Defendant, Michael A. Lavender, currently residing at 903 Spring circle, Mechanicsburg, Pennsylvania, who is married to Plaintiff. 4. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: ~ Yvonne James RELATIONSHIP Mother Thomas James Father 5. The relationship of Defendant to the child is that of Father. The Defendant currently resides with the following persons: NAME RELATIONSHIP None Known N/A 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. 2 cV~~' Laskowkski, Esq. Attorney I.D. #37422 1800 Linglestown Road suite 304 Harrisburg, PA 17110 (717) 234-3911 Attorney for Plaintiff plaintiff has no information of any custody proceeding concerning the child pending in a court of this commonwealth. Plaintiff does not know of any person not a party to the proceedings who has physical 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: Defendant has threatened and did on at least one occasion remove the child from plaintiff's custody refusing to return the child to Plaintiff; furthermore Plaintiff feels that she is better able to care for the day to day needs of the child and has done so since the child's birth. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to Plaintiff to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff, Jennie L. Lavender, requests the court to grant custody of the child to Plaintiff. KUNDRAT & SEDOR 3 JENNIE L. LAVENDER Plaintiff CIVIL ACTION - CUSTODY IN THE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY V. NO. MICHAEL A. LAVENDER Defendant VERIFICATION I, Jennie L. Lavender, do hereby verify that the facts stated in Plaintiff's Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: /-I'8-qJ./ By: ~ - - (. ~ 11.. -a1 0 0 0 U) V} Q In ~ \.0 ";t :tI ":1l lIS j <::i. ~ ::c n- o 0)~ >-~ ~- -:'~..t ;.tJ \""l. . ~ 020"<-: -04.;; ..~ !. ;r. ~~~ .?~ . ',' .f,r, '.' . . ::JJ' :!'&i~ '" Ln ...... z ... ~ ~ - a III ~ z Iii I: .. C'l Z!;... . "'C'l~!: ~~I~ ~ ~ i:l 8 > ~ ~ :i ;:; ~ M::l , ,/ d? :JJi_ JENNIE L. LAVENDER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO, 312 CIVIL 1994 MICHAEL A. LAVENDER, ) DeUmdant ) CUSTODY q p'F-- AND NOW, this day of ORDBR lJ.-l) {l l L (,..-;-1994, upon receipt of the conciliator's report, it appearing that the parties have agreed upon the terms and provisions of this order which was dictated in their presence and approved by them, we hereby order as follows: 1. Legal custody of the minor child, Ashley Marie Lavender, born December 3, 1992, shall be shared by her parents, the Plaintiff, Jennie L. Lavender, and the Defendant, Michael A. Lavender. 2. Primary physical custody of the said minor child is hereby awarded to her mother. II The father shall have and enjoy the following periods of temporary or partial 3. ,custody with the child: A. Alternating Sundays, commencing on Sunday, February 27, 1994, from 10:00 a.m. until 7:00 p.m.; B. Alternating Saturdays, commencing on Saturday, March 5, 1994, from 2:00 p.m. until 7:00 p.m.; C. Every Wednesday and Thursday evening from 4:30 p.m. until 7:30 p.m. In the event that the mother's work schedule changes and she works evenings other than Wednesday and Thursday, the father's evenings with the child shall be changed to the evenings she is scheduled to work. The mother shall provide the father with at least one week's advance notice of any such 1 H~R '{ 2 06 rH '9~ t let ; . \., ,. ir,,- (~.j~' ~: ,":'" i).\ ~y t-;"',' /;, 'f. , "".~ :.! , . r change. In addition, the father shall contact the mother by 2:00 p.m. on the Wednesdays and Thursdays he is scheduled to have the child to confirm the time when he will be able to pick the child up, The mother shall provide the father, no later than Harch 1, 1994, with a telephone number where he may either speak to her during the daytime or leave a message that she will be certain to receive. 4. This order is intended to be temporary only and, for that reason, we make no , I Iprovision for overnight periods of temporary custody, the division of time over the ,I holidays, during the summer, or at other times. The parties are encouraged to try to i! ,I II resolve other matters regarding custody of their child by agreement but are reminded " " ,I ii that any such agreement must be mutual and that both of them must consent to it. In 'i lithe event that either of the parties wishes to change or modify this order or any ilprovision thereof, within the next 180 days, they shall return directly to the !!conciliator to do so and neither need file a formal motion or petition with the court, il !Ibut may write directly to the conciliator, Samuel L. Andes, and send a copy of that 1 letter to the Court Administrator. I I 1 I 1 II I I Stanley J. A. Laskowkski, Esquire I Attorney for Plaintiff 1 iHichael A. Lavender, pro se i 903 Spring Circle iHechanicsburg, PA 17055 Dy Q::\3. ~~. J. c...~~ ~J-. 3/7/<1'f. ..); . -f. sla 2 ii -" vs. I I I I I I I IN THE COURT OF COHHON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA JENNIE L. LAVENDER, Plaintiff NO, 312 CIVIL 1994 [HICHAEL A. LAVENDER, Defendant ,I " IIJUDGE PREVIOUSLY ASSIGNED: None I i !I II ,I II undersigned Custody Conciliator submits the following report: I' 1. The pertinent information concerning the child who is the subject of this 11 II litigation is as follows: Ii I II I II Ashley Harie Lavender 3 December 1992 Plaintiff/Hother I! 2. A Conciliation Conference was held on 23 February 1994 and the following ,I individuals were present: the Plaintiff and her attorney, Stanley J. A. Laskowkski, 'I Ii !IEsquire; the Defendant appeared without counsel. II 3. The parties were able to reach agreement for the entry of a temporary order 'I II which resolves all issues for the next several months. Ii 'i presence and approved by both of them. CUSTODY CONCILIATOR CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUHBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-S(bl, the NAHE BIRTHDATE CURRENTLY IN CUSTODY OF The order was dictated in their In the event they wish to modify the order, ! they are return directly to the conciliator. With the entry of this order, no further i action is necessary at this time. , 2 Harch 1994 ~ Samuel L. Andes Custody Conciliator II I, " I i JENNIE L. LAVENDER, Plaintiff ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 312 CIVIL 1994 CUSTODY vs. MICHAEL A. LAVENDER, Defendant ORDER AND NOW, this , 1994, upon receipt of the day of conciliator's report, it appearing that the parties have agreed upon the terms and provisions of this order which was dictated in their presence and approved by them, we ! I hereby order as follows: I, " It 1. Legal custody of the minor child, Ashley Marie Lavender, born December 3, 111992, shall be shared by her parents, the Plaintiff, Jennie L. Lavender, and the IIDefendant, Michael A. Lavender. H :: 2. Primary physical custody of the said minor child is hereby awarded to her , , mother. " 3. The father shall II custody with the child: I' I' i ~ :1 have and enjoy the following periods of temporary or partial A. Alternating Sundays, commencing on Sunday, February 27, 1994, from 10:00 a.m. until 7:00 p.m.; B. Alternating Saturdays, commencing on Saturday, March 5, 1994, from 2:00 p.m. until 7:00 p.m.; C. Every Wednesday and Thursday evening from 4:30 p.m. until 7:30 p.m. In the event that the mother's work schedule changes and she works evenings other than Wednesday and Thursday, the father's evenings with the child shall be changed to the evenings she is scheduled to work. The mother shall provide the father with at least one week's advance notice of any such 1 change. In addition, the father shall contact the mother by 2:00 p.m. on the Wednesdays and Thursdays he is scheduled to have the child to confirm the time when he will be able to pick the child up. The mother shall provide the father, no later than March 1, 1994, with a telephone number where he may either speak to her during the daytime or leave a message that she will be certain to receive. 4. This order is intended to be temporary only and, for that reason, we make no provision for overnight periods of temporary custody, the division of time over the holidays, during the summer, or at other times. The parties are encouraged to try to resolve other matters regarding custody of their child by agreement but are reminded that any such agreement must be mutual and that both of them must consent to it. In the event that either of the parties wishes to change or modify this order or any provision thereof, within the next 180 days, they shall return directly to the conciliator to do so and neither need file a formal motion or petition with the court, but may write directly to the conciliator, Samuel L. Andes, and send a copy of that letter to the Court Administrator. By the Court, J. Stanley J. A. Laskowkski, Esquire Attorney for Plaintiff Michael A. Lavender, pro se 903 Spring Circle Mechanicsburg, PA 17055 sla 2 tIl ~ a ~ I!lll:~ < ci5~" Z ~ : ~ ! ~ g ~ ~ ~ ~ < l!; = cl III :;.: ~ ~ 0; llo ... 0 - ui ~:. ~ f'l " >- j:l co 0 .. " x ,. III -< '" . . . . .......... , , r-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JENNIE L. LAVENDER Plaintiff CIVIL ACTION - CUSTODY V. NO. 312 CIVIL 1994 MICHAEL A. LAVENDER Defendant CERTIFICATE OF SERVICE I the undersigned hereby certify that I served a true and correct copy of Order of Court dated January 27, 1994 and Complaint for Custody upon Defendant Michael A. Lavender, by United States First Class Mail, certified, return receipt requested on February 2, 1993. The return receipt executed by Defendant Michael Lavender dated February 3, 1994 is attached hereto and is marked as Exhibit "A" and incorporated herein by reference. Respectfully submitted, KUNDRAT &: SEDOR ~:dlv- (/ i,;,..t....JL. Stanley J Laskowkski, Esq. Attorney'I.D. #37422 1800 Linglestown Road Suite 304 Harrisburg, PA 17110 (717) 234-3911 ,. ,.~ I ""'" (" P 8'10 424 100 r J, RECEIPT FOR CERTIFIED MAIL ~1\>i '"0 I"SURM.CI COJLIl.lf,l iRO~IPiO ry ,,1 '.OffO~INllR'1"'r'O""'llol"'ll t (Stl(l Ren'/stl} (, i:fI'C'HAEL LAVEND' SlltJ'(l1 .IM No '., NG-G;fRGIr MEC~^Nf~~fionG PA 1705 PO!.t.lgo s '~ CetUled Fl'e SIJ(>Oill Oehvl'rV F ('~~ Ul'~lh(ll'(l Ol'h~l.'tv Ft,~ Relurn Reu'IPI .,toO-folf19 10 ....hom ilnd 0.111.' Dl'h\tt.>rl'd '" co Rl'IUm Ren'IPl ShO...;flq 10 ....hom ~ O.lIlY ,INt Addles,> 01 Dek.l."v " S TOTAL PO..lf1gl' .1,,(1 h'('!. .. ; 5.2 2. 8 Po!.lmilfk Of D,lle . :!l ~ {l III Q. 02/02/94 alf 3205 -- -.-----,.----...--- ~ I ~ lIoml 1 _ 2 whIn oddItfonll _I .,. 4. .3; ArUcIt _Id to: " Michael A. Lavender 903 Spring Circle Mechanicsburg, PA 17055 100 ~ ot trvlce: o RtQIItInd IJ 1"lUrId X3cc.rtJlIocIf;", IJ coo IJ ~M" IJ It R j l~_ DOME8TlC RETURN RECEIPT. "'. j, ; I ~ LG.P.O, 1888-211-1811 E X H I BIT "A" I; ::e .::-....- :.- -- ~ ,- ...t _ ":r 0">> - ~ ....r N :r c--.J --=',S > ~::. . I ~ ~ C t: Z ~ Z.... 0 . III"> 1: ~~~g -t ZwO" lI' ~:S::l;Q en < ZlX lTI ~ ~ g ;: ~ '" ~ " a: .. = .'-", " .- . . ... .. , , v. IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 312-CIVIL-1994 JENNIE L. LAVENDER, plaintiff MICHAEL A. LAVENDER, Defendant CUSTODY AND NOW, J-\ \'/~ 7 , I ORDER OF COURT , 199L upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before S<,^ ""wi L.. fl,Jc.~ F:':tJ,t ~~S- f'1. j~HI1 st. LE'''''''1''f , Pennsylvania, on ----:r-IAC-;tk"y the :;1011, day of ,199.3-, at I o'clock L.m., for a Pre- Esquire, the conciliator, at CZ/Ld Hea ./. ng 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. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By /ti'Hli,L/L /l~ t-5?/. custody Conciliator 'J-?j?r:? YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 JUt 3/ i/ 23 :'H '95 ,. .' : '1> (". : I:'<"\r:\_ 'I ',,' . ,', 'I ~ ,. 7'31.f.f ~, ('tPftI mt:wJ.I~ ~ .Y~ 7, 31' 'If '1I!t!a ,.:JI "* ~r! 7.3/.9,[ C"PtJ ;&t,ed 4"'- ::S.tJ,.J:.; ..fie' . MICHAEL A. LAVENDER, Defendant CUSTODY v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 312-CIVIL-1994 JENNIE L. LAVENDER, plaintiff PETITION TO MODIFY CUSTODY ORDER AND NOW, comes, Plaintiff, Jennie L. Lavender, by and through her attorneys, KUNDRAT & SEDOR, and files this Petition to Modify a Custody Order and in support thereof avers as follows: 1. Plaintiff, Jennie L. Lavender, currently resides at 635 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Michael A. Lavender, whose last known address is 330 North 30th street, Camp Hill, Pennsylvania 17011. 3. The parties are the parents of the minor child, Ashley Marie Lavender, born December 3, 1992, who currently resides with Plaintiff at 635 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 4. On March 7, 1994 the Court entered an Order of Custody granting Plaintiff primary physical custody of the minor child, Defendant periods of temporary or partial custody of the minor child, as well as joint legal custody to the parties. A true and correct copy of the Order is attached hereto and incorporated herein marked as Exhibit "A". 5. The prior Order of Court dated March 7, 1994 was intended to be temporary and did not include a division of time for holidays, summers and other times which issues are required to be addressed by the parties and to which they have been unable to mutually agree. 6. It is in the best interests and permanent welfare of the minor child, Ashley Marie Lavender, to be served by modification of the Court Order in order to alter periods of temporary or partial custody for Defendant to consecutive Saturdays from 2:00 p.m. to 7:00 p.m. and Sundays from 10:00 a.m. to 7:00 p.m. on alternating weekends, as opposed to one afternoon per weekend as been currently scheduled and occurring pursuant to the pending Order of Court. 7. Plaintiff believes that the modification of the periods of partial physical custody by the Defendant will be in the best interest of the minor child. WHEREFORE, Plaintiff requests that the Court modify the Court Order as set forth herein or as otherwise may be deemed in the best interests of the minor child. Respectfully submitted, ~ &~~ Stanley J. . Laskowski, Attorney 1.0. #37422 1800 Linglestown Road suite 304 Harrisburg, PA 17110 (717) 234-3911 2 1: VERrFrCATrON I do hereby verify that the facts stated in the foregoing Petition to Modify custody Order 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.A. Section 4904 relating to unsworn falsification to authorities. Dated: 7 - /7-Q.s- . BXHIBIT "A" ., , , .:. ; I ,;:1,;:> 1\ , , ~ r"''''r , , I I' tl " II 1 I ! i' :1 JENNIE L. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 312 CIVIL 1994 LAVENDER, Plaintiff ) ) ) ) ) ) ) CUSTODY vs. MICHAEL A. LAVENDER, Defendant ORDER AND NOW, this tJ.... '7 day of 'TYla-vJu , 1994, upon receipt of the conciliator's report, it appearing that the parties have agreed upon the terms and provisions of this order which was dictated in their presence and approved by them, we I !hereby order as follows: j: 1. Legal custody of the minor child, Ashley Marie Lavender, born December 3, '1992, shall be shared by her parents, the Plaintiff, Jennie L. Lavender, and the I . I I Defendant, Michael A. Lavender. ,\ , Ii I mother. i d 3. The father shall IjcustodY with the child: I I 2. Primary physical custody of the said minor child is hereby awarded to her have and enjoy the fOllowing periods of temporary or partial A. Alternating Sundays, commencing on Sunday, February 27, 1994, from I 10:00 a.m. until 7:00 p.m.; ,I I' Ii B. Alternating Saturdays, commencing on Saturday, March 5, 1994, from " L 2:00 p.m. until 7:00 p.m.; " :: C. Every Wednesday and Thursday evening from 4:30 p.m. until 7:30 p.m. ~ ; In the event that the mother's work schedule changes and she works evenings I, other than Wednesday and Thursday, the father's evenings with the child shall be changed to the evenings she is scheduled to work. The mother shall , provide the father with at least one week's advance notice of any such 1 (....- . ..~ , .11 'I 'I I, I, I I I change. In addition, the father shall contact the mother by 2:00 p.m. on the Wednesdays and Thursdays he is scheduled to have the child to confirm the time when he will be able to pick the child up, The mother shall provide the father, no later than March 1, 1994, with a telephone number where he may either speak to her during the daytime or leave a message that she will be certain to receive. 4. This order is intended to be temporary only and, for that reason, we make no provision for overnight periods of temporary custody, the division of time over the I hOlidays, during the summer, or at other times. The parties are encouraged to try to ilresolve other matters regarding custody of their child by agreement but are reminded Ii that any such agreement must be mutual and that both of them must consent to it. In I the event that either of the parties wishes to change or modify this order or any provision thereof, within the next 180 days, they shall return directly to the conciliator to do so and neither need file a formal motion or petition with the court, but may write directly to the conciliator, Samuel L. Andes, and send a copy of that letter to the Court Administrator. II I I I i .' t' '. Ie I' I' dStanley J. A. Laskowkski, Esquire I: Attorney for Plaintiff Ii ~IMichael A. Lavender, pro se il903 Spring Circle pMechanicsburg, PA '17055 . , By the Court, l.sl~ t.,~ sla TRUE COpy FROM RECORD In Teslimon, 'ph r-d, i h:,. unto set my hand and the seal of said Court at Carlisle, Pa. This ....,'l.-!'::..... day of.J.:n,~......, 19,:l.~. _.................J~~ A.. -D~~ .... .....Q.hIi ._ ~' Prothono ary 2 J. v. IN THE COURT OF COKMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 312-CIVIL-1994 JENNIE L. LAVENDER, plaintiff MICHAEL A. LAVENDER, Defendant CUSTODY CERTIFICATE OF SERVICE I, Stanley J. A. Laskowski, Esquire, do hereby certify that I have served a Petition to Modify custody Order by placing a true and correct copy of same in the United states mail, first class, postage prepaid thereon, on the~~ th Day of July 1995 addressed to the following person(s): Michael A. Lavender 330 North 30th Street Camp Hill, PA 17011 KUNDRAT & SEDOR \ '" Stanle . Esq. Attorne I.D. #37422 1800 Linglestown Road suite 304 Harrisburg, PA 17110 (717) 234-3911 r'~61 ~ Z lor " . .... c:: r . 0 Cl l.<J tIl , ~ < f- 0( _c:: , ,Cl ""'oZ :J ~ r : .--.: I . , L .. .: ~ ,_c.) ....., .. C "'!' ~ ;,- :r. of :~:~ :..: ~i:r:: ~ _,T J ....~-/ :'J.c~ . ....-;.;.., ~~i=- oJ % .~ ~ ~ ;; it ! ./', Ei: '" :;; . .-. '. . . . JENNIB L. LAVENDER, I IN THE COURT OP COMMON PLEAS plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 312 CIVIL 1994 I HICHABL A. LAVENDER, I CIVIL ACTION - LAW Defendant I CUSTODY ORDER OP COURT AND NOW, this .....t.l-l ') day Of~, 1995, pursuant to the attached stipulation executed by the parties, it is hereby ORDERED AND DECREED that the Custody Order of March 7, 1994 shall be modified as follows: 1. Father and Mother shall have shared legal custody of the child ASHLEY MARIE LAVENDER. Mother shall have primary physical custody of the minor child. 2. Father shall have the following periods of partial physical custody with the child: a) Alternating weekends commencing August 11, 1995, from 5:30 p.m. Friday to 7:30 p.m. Sunday; b) Alternating -holidays from 9:00 a.m. to 7:30 p.m. which holidays shall consist of Labor Day, Thanksgiving, Easter, Memorial Day and Fourth of July. Partial custody shall commence Labor Day 1995 with Father. Father and Mother each shall have custody on Father's Day and Mother's Day respectively, from 9:00 '. , . . '. . a.m. to 7:30 p.m., which shall take precedence over the alternating weekend schedule set forth herein; c) Christmas shall be divided into two segments. segment A shall run from December 24th at 5:00 p.m. to December 25th at 1:00 p.m. Segment B shall run from December 25th at 1:00 p.m. To December 26th at 1:00 p.m. The parties shall alternate annually the Segments. Segment A shall commence in 1995 with Father; d) Mother may consider and discuss with Father providing one additional weekday evening period of partial custody at such time when Father's work schedule permits his regular and consistent availability; such day and time to be mutually agreed between the parties; e) Father shall have the right annually to exercise one continuous week of vacation partial custody, subject to Father providing a minimum of thirty (30) days written notice to Mother prior to commencing the vacation week. 3. Mother and Father shall refrain from making disparaging comments about the other party in the child's presence and shall do their best to assure that third parties make no such comments in the child's presence. f"....~ ....",...""'.,~. ,. . .. . , . 4. Neither party shall abuse alcohol, use drugs or smoke cigarettes in the same vehicle or household when they have custody of Ashley. 5. Any contact between the parties regarding custody matters shall be between Jennie Lavender and Michael Lavender or their respective counsel. BY THE COURT: l~(Y-~ I~ .~ Y J. >- ~ -t 1~ ') ~ J - -t. .,J -t: Jj .~ ~ ...J~ .I - ..3~ y+::. ~ f~ 1 I I '. ' .' .. . JllHNZll L. LAVENDER, l'1aintiff ZH THB COURT OF COMMOH PLBAS CUMBERLAHD COUNTY, PBNHSYLVAHZA HO. 312 CZVZL 1994 CZVZL ACTZOH - LAW CUSTODY v. JaCBABL A. LAVENDER, Defendant STIPULATION WHEREAS, the parties were married on July 27, 1991; and WHEREAS, JENNIE L. LAVENDER (hereafter "Mother") presently resides at 635 Bosler Avenue, Lemoyne, Cumberland county, Pennsylvania 17043; and WHEREAS, MICHAEL A. LAVENDER (hereafter "Father") presently resides at 330 North 30th street, camp Hi~l, Cumberland County, Pennsylvania 17011; and WHEREAS, the parties are the parents of a minor child, ASHLEY MARIE LAVENDER born December 3, 1992; NOW THEREFORE, intending to be legally bound, it is hereby agreed between the parties that: 1. Father and Mother shall have shared legal custody of ASHLEY MARIE LAVENDER. Mother shall have primary physical custody of the minor child. 2. Father shall have the following periods of partial physical custody with the child: a) Alternating weekends commencing August 11, 1995, sunday; b) Alternating holidays from 9:00 a.m. to 7:30 p.m. which holidays shall consist of Labor Day, Thanksgiving, Easter, Memorial Day and Fourth of July. Partial custody shall commence " . .. , , Labor Day 1995 with Father. Father and Mother each shall have custody on Father's Day and Mother's Day respectively, from 9:00 a.m. to 7:30 p.m., which shall take precedence over the alternating weekend schedule set forth herein. c) Christmas shall be divided into two segments. Segment A shall run from December 24th at 5:00 p.m. to December 25th at 1:00 p.m. Segment B shall run from December 25th at 1:00 p.m. to December 26th at 1:00 p.m. The parties shall alternate annually the segments. Segment A shall commence in 1995 with Yi~~. '1 ~___u,~, d) Mother may consider and discuss with Father providing one additional weekday evening ~eriod of partial custody at such time when Father's work schedule permits his regular and consistent availability; such day and time to be mutually agreed between the parties. e) Father shall have the right annually to exercise one continuous week of vacation partial custody, subject to Father providing a minimum of thirty (30) days written notice to Mother prior to commencing the vacation week. ~/ Fat~s~ll be spons mino~~ld to~rom Mothe er!ods of partial physical custody. ~~ 4. Mother and Father shall refrain from making disparaging comments about the other party in the child's presence and shall do their best to assure that third parties make no such comments in the child's presence. 2 . . 5. Neither party shall abuse alcohol, use drugs or smoke cigarettes in the same vehicle or household when they have custody of Ashley. 6. It is further agreed that the parties hereto shall stipulate and agree to the entry of an Order of Court conforming joint legal custody and partial physical custody of their minor child in accordance with the terms herein. Signed this ~t~ {J111.wh 1995. day of ~~ ' L' 'l. \\1'\,\ Cc.~,-T ~ ~ ~(AI(...> ~J~ GV~~ \r'l~ S~U \x k:hu~e,,,,, J~f\~Ie.. ~~C~~ J f'r'liihJ. \..4.\1'"\('") ~~r d' ~ r(5lll?dl~ l~~L 3 )tf \) l) ~9. :,\\ ,~~ \). r Il~' .,\1,:,' \; ~ \i.~! ".)I,',ah1 " ,C' -\11 , t \~ ' :. , . ,."" ~.;.. o. L, ~ ~ IJo. "" g, ~- ......... - :>;: ~ '''l r-:..... ........... m ~ 0 "1 (V') , ; ~ ~ ." Lr> I Ii ~ " ~ :r: ~ !! 5 ..E: ...:l "' < R U ~Z" Z" 1;;<;' :i O~N 0.. Z>;:: tI)~~8!2E "' ""z"" Z In""z < ~ j:":o :r: J:; 0: li1 if I>l < ~iil~ Z ~;.. Z N~ < ::: o -. , . . , . JOANNE HARRISON CLOUGH ATI"I)RNIY AT IAU' 11111 NOHTlt ~I (:ONIl."d HI VI" IIARRlsntT'RG,l'rNNSYI.\'ANIA ''"1111 'ITI.U')I0NJ: l71i1l\(,.1H"u