Loading...
HomeMy WebLinkAbout02-3667 Black/Custody Complaint July 29. 2002 ANTHONY BLACK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o..z. - .:r {, ~ 7 JENNIFER LEHMAN, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Anthony Black, residing at 10 Locust Circle, Etters, York County, Pennsylvania. 2. Defendant is Jennifer Lehman, residing at 400 7fh Street, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Address Age Brandon Black 400 7fh Street New Cumberland, PA 5 Y2 4. The child was born out of wedlock. The child is presently in the custody of Jennifer Lehman, Mother, who resides at 400 7fh Street, New Cumberland, Pennsylvania. Black/CUstody Complaint July 29. 2002 5. During the past five (5) years, the child has resided with the following persons at the following addressees): Name Address Dates Jennifer Lehman 400 7th Street 2/02 - present New Cumberland, PA Sandy and Mark Black 10 Locust Circle 8/01 - 2/02 Etters, P A Sharon and Jim Keefer 4955 Deimler Lane 5101 - 8/01 Enola, PA Jennifer Lehman 25 South Baltimore Street 5198 - 5101 Dillsburg, P A J. R. Lucas (stepfather) 10/97 - 5198 & Mother, Davey, Dillsburg, P A Jessie, Kristy Chris and other male Siddensburg Road 1/97 - 10/97 roomate York County 6. The mother of the child is currently residing at 400 7th Street, New Cumberland, PeIlllsylvania. She is single. 7. The father of the child is currently residing at 10 Locust Circle, Etters, PeIlllsylvania. He is single. Black/Custody Complaint July 29. 2002 8. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides with the following persons: Name Relationship Sandy and Mark Black Mother and Father 9. The relationship of Defendant to the child is that of Mother. Defendant currently resides with the following persons: Name Relationship Brandon Black Child 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child except: A) Plaintiffs Mother Sandy Black has exercised substantial periods of physical custody of the child since his birth and has acted in loco parentis for said child. She joins in Plaintiff s Petition for Custody of the minor child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested. Black/Custody Complaint July 29, 2002 14. Each parent whose parental rights to the child have not been tenninated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him custodylpartial custody of the child. Respectfully Submitted, REA ER & ADLER, PC Dated: July 29, 2002 By: Jo Clough, Esquire LD. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff YERIEICAIIDN WE, Sandy and Anthony Black, 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. Date: 7 /~%:;., JdwYi1 81/1/11. Sandy B ck ~~~ J ~/ Anth Black ANTHONY BLACK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYL V ANlA v. 02-3667 CIVIL ACTION LAW JENNIFER LEHMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September 05, 2002 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: Isl Dawn S. Sunday. Esq. r 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 TOYOURAITORNEY AT ONCE. IF YOU DO NOT HAVE AN AITORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ -P ~ ~ ~ (0-(.1> .~ ~ ~ ~14 ('0.(.) r:'w P ~ ~ ~t7.r; (>().CJ> J.J.Nn~'Y..\f!I7/..SNN3r1 iUJ Or\fYl)j""'!;:' , -I J "'_r~~}~,.t?'Jno ~a 'n '1 " "d L - ~)[jfl -'n (." I U\.J'lC'I" ,.., , I\qv., ..' \'1"_1!-!,;..,:_,,..., ,i,' ':Vi. I 1,.... . -i\..;{:J::u-cr:ri:!~J '-. l. C') 0 0 f]!i. '''' -n '- =::1 CD c:: m .- 171;:2 4,.... :.]~, ~ Zr;.; W +.;...,...,., ~~;> ,,-.1' ^ ~ ~f.:j ":"',fJ ~.~ ,~~.1~ ZC) =r: ~O - Om C '" ~ .. -., :n CJ> ...... ,..., ~ )J ...... "- ~ c.... e ..0 )., ~\ ... (i'\ v\ -V ~ -~_._"'-,._.- ANTHONY BLACK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3667 JENNIFER LEHMAN, Defendant CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE ... J'1 On this, the /.:; day of .4oi: ' 2002, at L1-J4m., I, Walter F. Junkins, personally hand-delivered the mended August 6, 2002 Order of Court rescheduling the September 5, 2002 custody conciliation conference for Thursday, September 19, 2002 at 11:00 a.m. with the attached Complaint for Custody to Jennifer Lehman, at her place of business, Holiday Inn West, 5401 Carlisle Pike, Mechanicsburg, Pennsylvania J~ r: ~j~ Walter F. Junkins Sworn to and affirmed before me this J614lay of ~t, 2002. NOTARIAL SEAL CASSANDRA T. ROSENBAUM, NOIIIY Public Camp Hi" Boro, Cumberland County My Commission Expires December 4, 2004 ~&n~ . NOTARY PUBLIC o c: <"" "1J (or, enff"1 Z::r' Zr f~- ~:::: !~f~-i ~: =-~ C). r..," ~ () -T'l :;') ,"-..) f::.! ..~.. J r,. :J1 co ~ -<: ANTHONY BLACK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3667 CNIL ACTION LAW JENNIFER LEHMAN, Defendant IN CUSTODY ORDER OF COURT , AND NOW, this ~of.. day of ~~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Anthony Black, and the Mother, Jennifer Lehman, shall have shared legal custody of Brandon Black, born January 24, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody ofthe Child on alternating weekends from Friday at 3:30 p.m. through Sunday at 5:00 p.m., beginning Friday, September 20,2002. B. During the week when the Mother is working the Father shall have custody of the Child from between 4:00 and 4:30 p.m. on Mondays, Tuesdays, Wednesdays and Thursdays through the following mornings before school, when the Father shall transport the Child to the Mother's residence so that she can accompany the Child to school. C. On Fridays during weeks preceding the Mother's alternating weekend periods of custody, the Father shall have custody of the Child from 3:30 p.m. through Saturday morning at 11 :00 a.m. D. The Mother shall have custody of the Child at all times not otherwise specified in this Order for the Father. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child on Christmas Eve until 9:00 p.m. and the Father shall have custody for his family's Christmas Eve celebration from 9:00 p.m. until 10:00 p.m. In even numbered years, the Mother shall have custody of the Child from Christmas Eve at 10:00 p.m. through Christmas Day at noon and in odd numbered years, the Father shall have custody of the Child during the same time period. In every year on Christmas Day, the Father shall have custody of the Child from 12:00 noon until 3:00 p.m. and the Mother shall have custody beginning at 3:00 p.m. The parties shall cooperate in making any necessary adjustments to the specific times for exchanges of custody to accommodate each family's holiday celebrations. B. THANKSGIVING: In every year, the Mother shall have custody of the Child from after work on the Wednesday before Thanksgiving through 12:00 noon on Thanksgiving Day, the Father shall have custody on Thanksgiving Day from 12:00 noon until 4:00 p.m. and the Mother shall have custody for the remainder of Thanksgiving Day beginning at 4:00 p.m. C. EASTER: In every year, the Father shall have custody of the Child on Easter from 12:00 noon until 4:00 p.m. and the Mother shall have custody of the Child for the remainder of Easter Day beginning at 4:00 p.m. D. MEMORIAL DAY/JULY 4TH/LABOR DAY: In even numbered years, the Father shall have custody of the Child for the entire day on Memorial Day and Labor Day and the Mother shall have custody on July 4th. In odd numbered years, the Mother shall have custody of the Child for the entire day on Memorial Day and Labor Day and the Father shall have custody on July 4th. The specific times for exchanges of custody shall be arranged by agreement of the parties. E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the times to be arranged by agreement ofthe parties. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have an extended period of custody with the Child for vacation each year as arranged by agreement between the parties. 5. Unless otherwise agreed between the parties, the Father (or the paternal grandmother on his behalf) shall provide transportation for all exchanges of custody either at the Mother's residence or another agreed upon location. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. J. cc: Joanne Harrison Clough, Esquire - Counsel for Father J eIll1ifer Lehman, Mother ~ 1'Wl.,6J.{ 9-.30'()~ 9-- \ ANTHONY BLACK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 02-3667 CIVIL ACTION LAW JENNIFER LEHMAN, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE ~TH CUMBERLAND COUNTY RULE OF CI~L PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brandon Black January 24, 1997 Mother 2. A Conciliation Conference was held on September 19,2002, with the following individuals in attendance: The Father, Anthony Black, with his counsel, Joanne Harrison Clough, Esquire, the Mother, Jennifer Lehman, who is not represented by counsel in this matter, and the paternal grandmother, Sandy Black. 3. The parties agreed to entry of an Order in the form as attached. Date ~~ dj,da);;)- ~ Dawn S. Sunday, Esquire Custody Conciliator >- ~ ~- u.,r;;? S) (~~~) l~i~ ;:-i r)(c: " , .:':J( L..,.'."'; Lt~:, r::: 6 0\ c: 6: ,. ~:"l; (,):::..,,,, ~=:~ o:<;;:! :,:,,,i.~ :)~ '-:-,.c:. 'lhu dJ(.l.. ~ .:::.> <..> (::) <":l 0- W C/) t:'..J o JOANNE HARRISON CLOUGH Attorney 1.0. No. 36461 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attornevs for ANTHONY BLACK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-3667 JENNIFER LEHMAN, Defendant CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 10 I, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 ....., JOANNE HARRISON CLOUGH Attorney LD. No. 36461 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 76737-5890 Attornevs for ANTHONY BLACK, Plaintiff IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLV ANlA v. NO. 02-3667 JENNIFER LEHMAN, Defendant CIVIL ACTION - LAW IN CUSTODY A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tamar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreta de divorcio 0 anularniento puede Ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra par caulquier otra queja 0 compensaction reclarnados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDIA TO. SI NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 320d Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Defendant ANTHONY BLACK, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 02-3667 JENNIFER LEHMAN, Defendant :CIVIL ACTION - LAW :IN CUSTODY PETITION TO MODIFY CUSTODY ORDER OF SEPTEMEBER 30. 2002 AND NOW, this 28th day of March, 2006, comes the Petitioner father, Anthony Black, by and through his attorney, Joanne Harrison Clough, files this Petition to Modify Custody and in support thereof respectfully avers as follows: 1. Anthony Black is an adult individual currently residing at 13 W. Broadway, Goldsboro, York County, P A, 17319. He is the father of the minor child Brandon Black born January 27,1997. 2. Jennifer Lehman is an adult individual residing at Apt. 7,400 7th Street, New Cumberland, Cumberland County, P A 17070-1964. 3. A Custody Order was entered on September 30, 2002 wherein the Petitioner father had physical custody of the child for 312 overnights a year according to the time set forth in the physical custody schedule in that Order. A true and correct copy of said order is attached hereto as Exhibit No. I , .. 4. As a result of father's periods of physical custody ofthe minor child, father's child support obligation in favor of Respondent mother was terminated after September 30, 2002. See attached Support Order of December 4, 2002 and Summary of Trier of Fact as Exhibit No.2. 5. Since the entry of the Custody Order of September 30, 2002, the parties have made certain de facto changes to the physical custody schedule as set forth in that Order, including but not limited to, father is no longer taking the child each school morning to mother's apartment for the child to attend school in mother's school district. For the past two school years, the child has been enrolled at the Red Hill Elemen1ary School where father resides. 6. Respondent mother recently took the September 30, 2002 Custody Order to the Red Hill Elementary School and claimed the child was residing with her and should be attending school in her school distriC1 shortly after she received a revised increasd Support Order against her. 7. Petitioner Father is seeking a Modification of the September 30, 2002 Custody Order to reflect the revised schedule the parties have been following for the past 2 years. WHEREFORE, Petitioner Anthony Black respectfully requests this honorable Court enter a new Custody Order specifically confirming primary physical custody of the minor child wi1h , . father and setting forth the physical custody schedule the parties have been following for the past two years, and grant any further reliefthis Court deems appropriate. Respectfully submitted, JOANN HARRISON CLOVG Dated: '~ \ ~ ~ \ 0 \.p v By: Joanne's n ug, Es uirl Attorney LO. No. 36461 24 N. 32nd Street Camp Hill, P A 170 II . Telephone No. (717) 737-5890 Attorney for Plaintiff . ANTHONY BLACK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3667 CIVIL ACTION LAW JENNIFER LEHMAN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this :JOe:- day of 4r.:: L . , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Anthony Blacl and the Mother, Jennifer Lehman, shall have shared legal custody of Brandon Black, born January 24, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, ~ut not limited to, all decisions regarding his health, education and religion. Pursuant to the terms at this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have ph*sical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday at 3:30 p.m. through Sunday at 5:od p.m., beginning Friday, September 20,2002. ! B. During the week when tl\.e Mother is working the Father shall have custody of the Child from between 4:00 and 4:30 p.m. on Mondays, Tuesdays, Wednesdays and Thursdays through the following mornings before school, when the Father shall transport the Child to the Mother's residence so th~t she can accompany the Child to school. i C. On Fridays during wdeks preceding the Mother's alternating weekend periods of custody, the Father shall h~ve custody of the Child from 3:30 p.m. through Saturday morning at II :00 a.m. ! ! ! . D. The Mother shall hav~ custody of the Child at all times not otherwise specified in this Order for the Father. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child on Christmas Eve until 9:00 p.m. and !the Father shall have custody for his family's Christmas Eve celebration from 9:00 p.m, until 10:00 p.m. In even numbered years, the Mother shall have custody of the Child from Christmas Eve at 10:00 p.m. through Christmas Day at noon and in odd numbered years, the Father shall have custody of the Child during the same time period. In every year on Christmas Day, the Father shall have custody of the Child from 12:00 noon until 3:00 p.m. and the Mother shaH have custody beginning at 3;00 p.m. The parties shall cooperate in making any necessary adjustments to the specific times for exchanges of custody to aqcommodate each family's holiday celebrations. B. THANKSGIVING: In every year, the Mother shall have custody of the Child from after work on the Wednesday before Thanksgiving through 12:00 noon on Thanksgiving Day, the Father shaH hav<1 custody on Thanksgiving Day from 12:00 noon until 4:00 p.m. and the Mother shall have custody for the remainder of Thanksgiving Day beginning at 4:00 p.m. C. EASTER: In every year, the Falher shall have custody of the Child on Easter from 12:00 noon unti14:00 p.m. and the Mother shall have custody ofthe Child for the remainder of Easter Day beginning a~ 4:00 p.m. D. MEMORIAL DAY/.tULY 4TH/LABOR DAY: In even numbered years, the Father shall have custody of the <Child for the entire day on Memorial Day and Labor Day and the , th Mother shall have custody on July 4. In odd numbered years, the Mother shall have custody of the Child for the entire d2.y on Memorial Day and Labor Day and the Father shall have custody on July 41h. The specific times for exchanges of custody shall be arranged by agreement of the parties. I E. MOTHER'S DAY/~ATHER'S DAY: The Mother shall have custody of the Child every year on Mother's pay and the Father shall have custody of the Child every year on Father's Day, with the tim~s to be arranged by agreement of the parties. I F. The holiday custody!schedule shall supersede and take precedence over the regular custody schedule. " I I I 4. Each party shall be enti~ed to have an extended period of custody with the Child for vacation each year as arranged by agr~ement between the parties. 5. Unless otherwise agreed b~tween the parties, the Father (or the paternal grandmother on his behalf) shall provide transportation ~or all exchanges of custody either at the Mother's residence or another agreed upon location. ' ~ ~ 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ~nsure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Joanne Harrison Clough, Esquire - Counsel for Father Jennifer Lehman, Mother BY THE COURT, /s/ ; &,A" 13 /1'7 J. .I I i I I I 1~~UE COpy FHOM Hfr:or:o 1,-:": ~. .: >,\o.n~ W',fji'i.~~:f; t h~~r6 if';;1'-:, "9f,...~.;: tr.\ :'.;.:;~~..:1 ;'1 '-ll!.:l/ "f .,..:.~ i:'~' <It (;J"~';f.;' j'iI i -.', --lit:"' v........\,;. ",'.6'l.j .' h.', . ,1 ,30 ~ =43-; I1t . ,,).bt>J...- : ( I,/n O. 2/4d.(6.~,~ ProtllOootar.. . ANTHONY BLACK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3667 CIVIL ACTION LAW JENNIFER LEHMAN, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custoliy Conciliator submits the following report: I. The pertinent informatiOll. concerning the Child who is the subject of this litigation is as follows: NAME DATEiOF BIRTH i J anuart 24, 1997 CURRENTLY IN CUSTODY OF Brandon Black Mother 2. A Conciliation Conference was held 0:[1 September 19,2002, with the following individuals in attendance: The Father, Anthony Black, with his counsel, Joanne Harrison Clough, Esquire, the Mother, Jennifer Lehman, who is: not represe:nted by counsel in this matter, and the paternal grandmother, Sandy Black. . , , 3. The parties agreed to entry of an Order in the form as attached. Date i )4;~ d~4~ d:Jc~- - Dawn S. Sunday, Esquire (J Custody Conciliator ,. In the Court of Conu ,! Pleas of CUMBERLAND to' .nty, Pennsylvania ~ DOMESTIC RELATIONS SECTI<)N JENNIFER L. LEHMAN ) Order Number 01,004 S 2001 , ) , Plaintiff VS. ) PACSES Case Number 448000524 I ANTHONY D. BLACK ) Docket Number 01004 S 2001 I Defendant ) Other Slate ID Number AND NOW, ORDER OF COURT o Final 0 Interim (i) ModiP.ed I 4TH DAY OF DECEMBER, 2002 ,bllsed upon the Court's determination that the Payee's monthly net incom~ is $ 0 and the Payor's monthly net income is $ 0.00 , it is heJreby ordere4 that the Payor pay to, the Pennsylvania State Collection and Disbursement Unit ZERO Dollars ($ 0 . 00 ) a month payable MONTHLY as follows: first payment due The effective date of the order is 09/30/02 . Arrears set at $ 804.64- as of , I Dl!CEMBER 4, I 2002 i are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of [mancial assets. Th~$e enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will causl~ all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name BRANDON BLACK Birth Date 01/24/97 Service Type M FormOE-518 Worker ID 21105 If LEHMAN V. BLACK PACSES Case Number: 448000524 pel month payable The defendant owes a total of $ 0 .00 for arrears. The defendant must $ 0.00 MONTIILY for current support and $ 0 . 00 also pay fees/costsas jndicatedbelow. This or~er isall~atedand monies are to be applied as .... ;.' '. .'" I'," follows: Frequency Codes: Payment Amountl Fre(J)lAn~y $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $.0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 I =One Time B =BiWeekly' 2 =Bi-Monthly 5 =Semi-Annually S =Semi-Monthly A =Annually M - Monthly W =Wceldy Q = Quarterly nAht 1Jq)P. n~r;ptinn 'RP.nf'!fi~i~'Qf 1M CHILD SPT ALLOC BRANtON BLACK I I I I I I I / / / I I I I / I " / / I Said money to be turned over by the Pa SCDU to: JENNIFER LYNN LEHMAN . Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Numb~r in order to be processed. Do not send cash by mail. Service Type M Page 2 of 4 Form OE-518 Worker ID 21105 . , )' '--./ .~ LEHMAN V. BLACK PACSES Case Number: 448000524 Unreimbursed medical expenses that exceed $250.00 aIi.Ilually per child and/or spouse are to be paid as follows: 50 % by defendant and 50 % by plaintiff. The plaintiff is ;:I~"': ~lC"'-"~:' ',J :"-', "\."~ ,,:.:,":.":'j. ro-,..:" ;'~~~-"'J,.r'". ,,; '~:,",l'"~," ".,{'T' ,~.l:';~'~' ","'-!,:r~'.:"" ,. ",,,,___~',.~,.,.:,.n respo~il;i~ to pay the'frrst'$:i.:So.ooiUmiiaiiy (per ,:hild andlor, spOuse) in unreiInbursed medical exp, enses. (i)DefendantO Plaintiff 0 Neither party to provide medical insur,'an'6e ""'."" "-,".' ,',"' , ":. coverage. Within thirty (30) days after the entry of this order, the OPlaintiff (i) Defendant shall submit to the person having (;ustody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made, '.':', Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, , ' such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim fOlms. Other Conditions: THIS IS A MEDICAL INSURANCE ORDER. DEFENDANT IS DIRECTED TO MAINTAIN MEDICAL INSURANCE ON THE MINOR CHILD AS CURRENTLY AVAILABLE THROUGH HIS EMPLOYER. THE PARTIES AGREE TO WAIVE THE $250 UNREIMEURSED MEDICAL EXPENSE RULE. BOTH PARTIES ARE RESPONSIBLE FOR sot OF ANY UNRErMBURSED MEDICAL EXPENSES INCURRED BY THE MINOR CHILD. Defendant shall pay the following fees: Fee Total $ 0 .00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Fee De!ICription furJUDICIAL COMPUTER FEE for COURT COSTS for P'l,Yment freqpern;y Payable at$ 0.00 . Payable at$ 0.00 Payable at$ 0.00 Pay'able 31'$ 0 .00 Payable al $ 0.00 perONE TIME per ONE TIME per per per for for Service Type M Page 3 of 4 Ponn OE-518 Worker ID 21105 " LEHMAN V.J3LACK PAC~ Case Number: 448000524 IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRAll0N OF THE SUPPORT ORDER, INCLUDING, BUT NOT LlMITED TO,'l:.OSS'OR-CHANoeiOF' INCOME OR EMPLOYMENT AND CHANGE OF ' , PERSONALAbDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WIILFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED lN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUES~ED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED ~ERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORbER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCA TED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PA VEE. A MANDATORY INCOME ATIACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONI'H'S SUPPORT OBLIGATION AND (I) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRmEN AGREEMENT IS REACHED BETWEEN THEPARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAYBE REPORTED TO CREDIT AGENCIES. ON AND " , , AFTER THE DATE IT IS DUB, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS,A LIEN AGAINST REAL , PROPERTY . IT IS FURTHER ORDERED that, upon payor's failure to ~omply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached illl accordance with law; this Order will be increased without further hearing by 0 % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties BY REGULAR MAIL Date Consented: Plaintiff Plaintiff's Attorney Defendant De,fendaJ;lt'sAttorney BY,~,T: ,;19, , , 4.. Judge Service Type M Page 4 or 4 Form OE-518 Worker ID 21105 . , )>. '"--" In the Court of Common Pleas of C1JMIJERLAND County. Pennsylvania , DOMESTIC RELATIONS SEC'tiON , I' F'ACSES CaSe Number: 448000524 Docket Num~r: 01004 S 2001 ,_"i-I','.....,.". '. "",." "', i" "Other,State,IP,Number:"" ''', q. ',-."" ,. .. ,'" ,. ,',.. ., , PI..."! note; AIl4rrespol,ldoDu IllUStbJc\u,detherA~!i, . .Cue N......ber. , ", DECEMBER 412002 SUMMARY OF TRIER OF FACT I Plaintiff Information Defendant Information JENNIFER L. ,LEHMl\N ANTHONY D ~ BLACK Addre&<l: APT 7 400 7TH ST NEW CUMBERLAND PA 17070-1964 I Address: 10 LOCUST CIRCLE ETTERS PA: 17319 Employer: HOLIDAY INN C/O CENTRAL PA HOSPITALIT 5401 CARLISLE PIKE MECHANICSBURG PA 17050"24 ' Employer:: HOLIDAY INN , C/O CENTRAL PA HOSPITALIT S401CARLISLE PIKE MECHANICSBURGPA i7050-24 . I Attorney: Attorney: CLOUGH JOANNE H o Complaint for Support ~ 1XI Petition for Modification Filed 09 / 30 /02 0 Other Reason for Conference: DEFENDANT FILED A PETITION TO MODIFY DUE TO A CUSTODY CHANGE. Dependent(s) BRANDON BLACK 01/24/97, 201-76-5870 Current Order: $423.00 I per month Service Type M Form CM-022 Worker ID 21105 .. LEHMAN v. BLACK Plaintiff Information Current Income: N/A Tax Return: N/A Medical Coverage: N/A Child CareJTultion: N/A Additional Obligations: N/A Other Information: PLAINTIFF APPEARED PRO SE. JOANNE CLOUGH. PACSt>" Case Number: 448000524 Defendant Information N/A N/A I DEFENDMlT COVERS CHILD N/A N/A DEFENDANT APPEARED REPRESENTED BY ATTORNEY , , DEFENDANT FILED A PETITION TO MODIFY DUE TO A CHANGE IN THE CUSTODY OF THE PARTIES' CHILD. THE DEFENDANT PROVIDED }, CUSTODY ORDER DATED 09/30/02, WHERE HE WAS GRANTED 312 OVERNIGHTS PER YEAR. BOT~ PARTIES AGREED TO SUSPEND THE MONETARY PORTION OF THE CHILI> SUPPORT cDRDER. AND ALLOW THE ORDER TO BE FOR MEDICAL ONLY. THE PARTIES WAIVE THE $250 tlNREIMBURSED MEDICAL , EXPENSE RULE. ALL tlNREIMBURSED MEDICAL E:XPENSES WILL BE SPLIT 50/50 BETWEEN THE PARTIEs'1" . ,. Page 2 of 3 Service Type M Fonn CM-022 Worker ID 21105 .~. LEHMAN V. BLACK PACSES Case Number: 448000524 Other Information (continued): ,.., Facts Agreed Upon: N/A i Facts In Dispute and Contentions with Respect to, Facts ~ Dispute: N/A ' Guideline Amount: $ o. 00 / DRS Recommended Amount: $ 0 . 00 / DRS Recommended Order Effective Date: QJi/30/02 I Parties to be Covered by Recommended Order Amount: BRANDOIII BLACK Guideline Deviation: Reason for Deviation: YES or x NO Submitted by~ JENNIFERL. GIBBONEY Date, Prepared: DECEMBER 4, 2002 Page :\ of 3 Form CM-022 Worker ID 21105 Service Type M ., r' ORDf OTICE TO WITHHOLD INCOME FOR 51 JRT State Commonwealth of pennsylvani<!.. tf<f b On'G '),~ <t Co.lCity/Oist. of CUMBERLAND Date of Order/Notice 12/04/02 /uoq .:. d "''' I Tribunal/Case Number (See Addendum for case summa,ry) o Original Order/Notice o Amended Ord~r1Notjcc o lerminatC' Order/Notice HOLIDAY INN clo CENTRAL PA HOSPITALITY 5401 CARLISLE PIKE MECHANICSBURG PA 17050-2412 RE: BLACK. ANTHONY D. Employee/Obligor's ~<ime (las!, First, MI) 183-62-1728 Employee/Obligor's Social Security Numh(': 1633000170 [mployel'/Obligor's Case Idcntiiier (Sl"~ A.ddendum for pl,,;nt;ff nam(',~ aS$oda'~d with CilS('S on cltf,lchment) Custodial Parent's N.lme (last, rirst, MD F.mployer/Wilhholder's Federal EIN Number , , , See Addendum for dependent names and birth dates ass~ciated with cases on attachment. ORDER INFORMA nON: This is an OrderlNotice to Withhold Incom~ for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylv~nia. By law, you are required to deduct thl's!' amounts from the'above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0 . 00 per month in current support i $ 0.00 per month in past-due support Arr~ars 12 weeks or greater? Oyes @ no $ 0.00 per month in medical support $ 0 , 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. I You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine ho+ much to withhold: $ 0 . 00 per weekly pay period. ' $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay pe,.;od occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paypate/date of withholdinl\. You are entitled to deduct a fee to defray the cost of wilhholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot e*eed 5S% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitatio~ on withholding, the followinl\ information is needed (See #10 on pg. 2). , If remitting by EFr/EDI, please call Pennsylvania State Co'lections and pisbursf'ment Unit (SCOU) Employer Cuslomer Service at 1-877-676-9580 for iostructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SeDU, P.O. Box 69112, Harr,sburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURt'ry NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order:--.DFf: 0 S _ BY THE Cd~T: 7\4---' ./ ,..- , ~';'J>' t.. ~. AA', Service Type M OMB No: O~70,OI S.l ti " ~ ) Form EN-028 Worker 10 $IATT .. r " ADOITlONA' FORMATION TO EMPLOYERS AND on WITHHOLDERS D Iflihecked you are requirea-ro provide a ~opy o(this form to your.~mdloyee. 1fY'b1,Jr employE'~ works in.~ state that is di erent from the state that issued this order, 41 copy must be provided to your employee even If the box IS nol checked. 1. We appreciate lhe volllntary compliance of Federally recognized Indian tribes, tfibally-owned bllsinesses, and Indian-owned businesses located on a reservation that choose to withhold in accOi'dance with Ihis notice, I 2. Priority: Withholding lInder Ihis Order/Notice has priority over any other legal process lInder Slale law againsllhe same income. Federal lax levies in effecl before receipl of Ihis order have priority. If ",ere are Fedrrallax levies in effect please rontacllhe reqllesting agency lisled below. ' ,3. Combining Payments: You can combine withheld amollnts from more than onJ employee/obligor's income in a single payment 10 each agency requesling withholding. You mllst. however, separately idenlify lhe pprtion of lhe single payment lhal is anriblllable to <,aeh employee/obligor. 4. "Reporting-th",Paytlale!Dal(' of Withholding: 'Y""mllslreport lh,'paydale/daterf wilhholding when sending'lhepayment.The paydateidate-of-wflhholding-is.thedate on-which-arnount'wa5"wi'hheld-from-thc't"llployee's-wi:lge~. YOll must comply with the 1.1W of till' state of the employee's/obligor's principal place of employment with respect to the Itime periods within which YOll must implement tlw withholding order and forward the support payments. I , I 5.' Employee/Obligor with' Multiple Support Holdings: If there is more than one Ordor/Nolice 10 Withhold Income for SlIpport against this employee/obligor and you are unable 10 honor all SllppOrt Order/Nolices due II' Federal or Slale withholding limils, you mllst follow the law of the state of employec'sJobligor's principal place of employment. You mll~t honor all Orders/Notices to the greatest extent possible. (See #10 below) I 6. Termination Notin~ation: You must promptly notify the Requesting Agency when the employepjobligor is no longer working for you Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2328876500 EMPLOYEE'S/OBlIGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: BLACK. ANTHONY D. 1633000170 DATE qF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold (rom lump s~m payments such as bonuses, commissions, or severance pay. If YOll have any questions about lump sum payments, contact the pprson or authority below. ! 8. Liahility: If YOll fail to wilhhold income as lhe Order/Notice directs, you are Iia~le for hoth lhe accumlllated amOllnt YOll shollld have withheld from lhe employee/ohligor's income and olher penalties sc't by Pennsylva~ia State law, Pennsylvania Stale law governs lInl",,, lhe obligor is employed in another Stale, in which case the iaw of lhe State in which he or she is employed governs, , 9. Anti..cJiscriminarion: You are subject to a fine (letermined under State law for di~ch<lrging an employ('~/obligor from employment, refusing to employ, or taking disciplinary dction against any employee/obligor because of a support withholding. Pennsylvania State 1..1W governs unless lhe obligor is empioyed in another Stale, in which case lhe law of lhe Slate in which he or she is employed governs. 10. * Withholding Limits: You may not wilhhold more than lhe lesser of: 1) lhe amOllnls allowed by lhe Federal Cousllmer Crcdil Proleclion ACI (1 S U.5.C. ~ 1673 (b)l; or 2) the amollnts allowed by the Slate of lhe rmployee's/obligor's principal place of employment. Th~ Federal limit applies to the ag~re~"te dispos.,blc weekly earnings (ADWE"). ADWE is the net income left (lfter making mandatory deductions such as: State, Federal, local taxes; Social Security t.axes; and Merilcilrc tpxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the st~te that issued the order. YOll are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your emploYef'Jobligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at 1(171 240-6248 or by internet .www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $TATT OMIJ No.: 1l?7C..(1154 . .. '. " . VERIFICATION I, Anthony Black, hereby verify and state that the facts set forth in the foregoing Custody Complaint ate true and correct to the best of my information, knowledge and belief. I understand that false statements herein ate made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn verification to authorities. DATE: ~~~~LJ~ 0 -.ff-..,- ~ B ~ ,.-.) - ---- \) ....:( J::::. \J ~ -.:( > ' '1 -J , - ~ f::'.i ,'\ ~" F -ry . .. .. E- .. -- ~.J 1<) :-<. ,-L ANTHONY BLACK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA V. 02-3667 CIVIL ACTION LAW JENNIFER LEHMAN IN CUSTODY DEFFNDANT ORDER OF COURT AND NOW, Thursda~ril 0.6, 20()~,....._ , upon consideration of the attached Complaint, it is hercby directcd that partics and their respective counsel appear before Dawn S. Sunday, Esq. , the concilj(ltor, at~_.""",.,..... }9__",:e_st Main Street, Mechanicsburg,J'A I7~ on___Thursday, Apr~~20.0.()_.......... at :00 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 dctine and narrow the issues to bc heard by the court, and to cnter into a temporary order. All children age five or older may also be present at thc conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court herehy 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:~_ Dawn S. Sunday, ESfl-..........__------.tf-ff\ Custody Conciliator t' 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 onice. 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFJCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Counly Bar Association 32 South Bed){lfd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4'/7'ff':0 ~iP /Z ncrv:r ~? '~~7W fL.;}? I' ~:zr7;7YJ;/ ?7/?,1/, ~ 1/17 jl r~' 4pp , f~ '2 i' I , 1\ fl../ i';'['~' ~..:J' ,c'..'; L-CC.:;;jjL"~: I.Uil.,~" }.jl .:U -J<l L. 17 J,J L, -I? -?O L /l . - ANTHONY BLACK, Plaintiff : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYL VANIA v. IN CUSTODY JENNIFER LEHMAN, Defendant : #02-3667 CIVIL TERM ANSWER TO CUSTODY COMPLAINT TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The Plaintiff is Anthony Black, hereafter referred to as the natural father, residing at lO Locust Circle, Etters, York County, Pennsylvania. 2. The Defendant is Jennifer Lehman, hereafter referred to as the natural mother, residing at 400 Seventh Street, Apartment 7, New Cumberland, Cumberland County, Pennsylvania 17013. 3. The Defendant-Mother seeks legal custody of the following child: a. Name Present Residence Age Brandon Black lO Locust Circle Etters, Pa. 9 years b. The child was born on January 24, 1997. c. The child is presently in the joint shared custody of the parents, but the father has the child the majority of the time because at entry of the previous Order of Court, the mother worked nights. d. The child has primarily resided with both parents , and the father's current wife since the entry ofthe September 30th, 2002, Order of Court, although the mother has exercised partial custody. 4. Defendant 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. 5. Defendant has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 6. Defendant does not know of a person not a party to the proceeding with any rights with respect to the child. 7. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child, so none will be given notice of the pendency of this action and the right to intervene. 8. Pursuant to the Custody and Grandparents Visitation Act, the mother requests this Court to grant an award of joint legal custody to both parents with primary physical custody to her. 9. The mother requests physical custody of the child in that she is in a better position to provide consistent and stable care for the child; she is the parent more likely to assure that the child have a relationship with both parents; and a half-sibling of the child also resides with her. 10. (a) At the beginning of the 2004-2006 school years, the father unilaterally withdrew the child from his school, Hillside Elementary, which is one block from the mother's and in which both parents had agreed to enter him and entered him into another, Red Mill Elementary without the mother's knowledge or consent. At that time, mother could not afford to seek legal counsel to challenge this. The mother resides approximately 25 minutes from Red Mill Elementary; the father approximately 25 minutes from Hillside. Mother is willing to have the child continue at Red Mill through the end of this school year, so as not to disrupt his education. (b) The mother denies she told the child's school that he resided with her. Rather, she went to the school to learn how the child was doing, and to obtain school records which she is entitled to do under the present custody order. 11. The mother no longer works nights at the Holiday Inn, but has transferred to a day shift so that the present order deprives her of sufficient time with the child. Her work hours are from 7 a.m. until 2-3 p.m. Elementary school lets out at 3:45 p.m. The child's sibling is enrolled in a latch-key program from 6:30 a.m. until school begins and this program runs during the summer. The mother will utilize this program for Brandon also. 12. The father has insisted that the child call his step-mother "mom", which the mother considers inappropriate and does not advise the mother of Brandon's events, schooling, or any other activities. 13. The best interests and permanent welfare of the child and his physical, spiritual, emotional and moral well-being will be served by granting the relief requested of shared legal and physical custody with the mother. 14. Defendant- mother prays for an Order awarding joint legal custody of the minor child, primary physical custody to the Plaintiff mother and with partial custody awarded to Plaintiff- father as this Court determines is in the best interests of the child. WHEREFORE, Defendant-mother prays for an Order awarding joint legal custody ofthe minor child, Brandon Black, to the mother, with actual physical l A' ..' 'J I I I i custody to the mother and periods of partial custody as this Court determines is in the best interests of the child.. Respectfully submitted, Date: ;.j - t- -IJ" ~~ Ruby D. eeks, EsqUire Attorney for Defendant-Mother P.O. Box 397 Carlisle, Pennsylvania 17013 (717) 243-1294 VERIFICATION I, Jennifer Lehman, 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 unswornfalsificationto authorities. Date: if / {; / ()& .'-) --11 ::j tA:' c ANTHONY BLACK Plaintiff '-:.-: -'''-,'''''' -~~.-:', ."~ ,.j-~--~--~- ,) , , ~, - ~ j.. ' J_ r- , MAY 0 4 2D06 I b:---t._~~~--J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ vs. 02-3667 CIVIL ACTION LAW JENNIFER LEHMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ , 2006, consideration ofthe attached Custody Conciliation Report, it is ordere<l and directed as follows: upon 1. The prior Order of this Court dated September 30, 2002 shall continue in effect as modified by this Order. 2. For the remainder ofthe 2005-2006 school year, the parties shall have custody of the Child as follows: A. The Mother shall have physical custody of the Child on alternating weekends and one evening every week, when the Child does not have baseball, from after school until 8:00 p.m. B. The Father shall have custody ofthe Child at all times not otherwise provided for the Mother in this provision. C. The Child shall continue to attend school at the Red Mill Elementary School in the West Shore School District for the remainder of the 2005-2006 school year. 3. Beginning on June 11,2006 and continuing throughout the summer school break, the parties shall share having custody of the Child on an alternating weekly basis with the exchange to take place every Sunday at 5:00 p.m., with the parent receiving custody to provide transportation for the exchange. Unless otherwise agreed between the parties, the alternating weekly schedule shall begin with the Mother having custody of the Child for the week beginning June II, 2006. 4. The parents shall communicate directly with each other concerning issues affecting the Child without the intervention or involvement of third party family members. 5. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Child. ~ C "5'2: ~CJ p...~ '~o 0: 0.- fEUJ F ~ -.0 IJ') w 2 '\ , IJ') I ::c :s::: ::g "'" .,.... ~ :::>4:. 02 ''':><:1:. ;:t2 .J':; ~~''- UJ ....2 Ci:;:2 \j1~ a ; 6. The parties shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on July 24, 2006 at 9:00 a.m. for the purpose of discussing school year custodial arrangements which will best serve the needs ofthe Child in light ofthe parties' experience with the shared summer custody schedule. Pending further Order of Court or agreemen1 of the parties, the Child shall continue to be enrolled at the Red Mill Elementary School in the West Shore School District. 7. This Order is entered pursuant to an agreement ofthe parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: V<lanne Harrison Clough, Esquire - Counsel for Father "Kiiby D. Weeks, Esquire - Counsel for Mother -~ ,.. ANTHONY BLACK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3667 CIVIL ACTION LAW JENNIFER LEHMAN Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brandon Black January 24,1997 Father 2. A custody conciliation conference was held on April 27, 2006, with the following individuals in attendance: The Father, Anthony Black, with his counsel, JOarule Harrison Clough, Esquire and the Mother, Jennifer Lehman, with her counsel, Ruby D. Weeks, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ ~ a-OO(; Date ---Ll~" L_d..'a Dawn S. Sunday, Esquire Custody Conciliator JUl 3 1 2006 if' '}- ANTHONY BLACK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3667 CIVIL ACTION LAW JENNIFER LEHMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this '8 day of ~ ' 2006, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The parties and the Child shall participate in a course of therapeutic family counseling with a professional or professionals selected by agreement of the parties in accordance with the Mother's insurance coverage. The purpose of the counseling shall be to provide the Child with an opportunity to discuss family issues with a neutral third party and to assist the parties in improving communications and cooperation in order to enable them to effectively co-parent their Child. The parties shall select the professional(s) as soon as possible fallowing the conciliation conference and shall contact the professional's office promptly thereafter to schedule the first sessions. All costs of counseling which are not covered by insurance shall be shared equally between the parties. 2. The Father shall provide a copy of the Child's medical insurance card to the Mother at the first exchange of custody following the custody conciliation conference. 3. The prior Orders of this Court shall continue in effect as modified by this Order. 4. Pending the additional Custody Conciliation Conference scheduled in this Order, the parties shall have physical custody of the Child beginning at the commencement of the 2006-2007 school year as follows: The Mother shall have custody during altemating weekends from Thursday at 3:30, when the Mother shall pick up the Child at school, through Sunday at 6:00 p.m. During the interim weeks, the Mother shall have custody from Thursday at 3 :30 through Friday before school. In every week, the Mother shall have custody on Tuesday evenings from 3:30 until 8:30 p.m. The Father shall have custody at all times not specified for the Mother under this provision. 5. The Mother shall provide transportation for all exchanges of custody under this Order, with the exception of the Sunday evening exchange for which the Father shall provide transportation, unless otherwise agreed between the parties. 6. The parties agree that the Child shall be enrolled in the Red Mill Elementary School in the West Shore School District for the 2006-2007 school year, unless otherwise agreed between the parties or ordered by the Court. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 8. The parties and counsel shall attend an additional Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on October 17, 2006 at 8:30 a.m. for the purpose of reviewing the custodial arrangements. Edgar B. Bayley J. -{id-' O~ CT\ N .(b ~ CT\ I (.!) ~ ..s:> c:::> ~ ~. ::J..,. ~ (l..:';::'" ,2. -'.r. 'J~ > '-;'..,..>,:" .~.I;f) ~:- ~ . ~ lJ.JuJ coo.. a l ANTHONY BLACK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs. 02-3667 CNIL ACTION LAW JENNIFER LEHMAN Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brandon Black January 24,1997 Father 2. A Custody Conciliation Conference was held on July 26, 2006 with the following individuals in attendance: The Father, Anthony Black, with his counsel, Joanne Harrison Clough, Esquire, and the Mother, Jennifer Lehman, with her counsel, Ruby D. Weeks, Esquire. 3. The parties agreed to entry of an Order in the form as attached. JJ.:J d-7, d-rY"lU Date Da~f~~ Custody Conciliator i"; (,. ,;: " 7006 L; \.... / w..' L I ANTHONY BLACK Plaintiff ,JfJ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3667 CNIL ACTION LAW JENNIFER LEHMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this 50 day of O~ ,2006, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Orders of this Court shall continue in effect as modified by this Order. 2. The parties shall comply with paragraph 1 ofthe prior Order of this Court dated August 8, 2006 by promptly selecting a professional to conduct the counseling required by the Order for both the Child and the parties and scheduling the initial sessions without delay. 3. The parties and their counsel shall attend an additional Custody Conciliation Conference to further address the custodial issues following counseling on December 19, 2006 at 9:00 a.m. in the office ofthe Conciliator, Dawn S. Sunday. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. J.- cc: ~~e Harrison Clough, Esquire - Counsel for Father Auby D. Weeks, Esquire - Counsel for Mother ~t!.iZ \i\NVt'0/St\\>!3d 'I!\'f\",r, ,-.\ "" "'-',-',^'nl"'\ i\J..\-l ,U,' ,I,' '(-,'d!'~ IV ~o : \ ~M Ot: 1:10 QfiUZ ^'tN\ (y\ ,,'", ",J' I "ru. :if) , "'\.. ,e.' \ \: ," -' ' .....\",.il,~",f~..,........~............J V :1::JI:J:\O'-O:\l\::\ ANTHONY BLACK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3667 CNIL ACTION LAW JENNIFER LEHMAN Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brandon Black January 24, 1997 Father 2. A custody conciliation conference was held on October 17, 2006, with the following individuals in attendance: The Father, Anthony Black, with his counsel, Joanne Harrison Clough, Esquire and the Mother, Jennifer Lehman, with her counsel, Ruby D. Weeks, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Otkbvt I ~ ~~ Date Da~ Custody Conciliator fEe 1I2ID fill )- ANTHONY BLACK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3667 CNIL ACTION LAW JENNIFER LEHMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this "'"tt\ day of '21loi1 /), / , 2006, consideration of the attached Custody Conciliation Report~ and dIrected as follows: upon 1. The prior Orders of this Court dated October 30, 2006, August 8, 2006, May 4,2006 and September 30,2002 are vacated and replaced with this Order. 2. The Father, Anthony Black, and the Mother, Jennifer Lehman, shall have shared legal custody of Brandon Black, born January 24, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding his health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall share having physical custody ofthe Child on an alternating weekly basis. Until such time as the Mother makes arrangements for the Child to attend a latch-key program after school, the Child shall continue to take the bus to the Father's home where the Mother shall pick up the Child during her weeks of custody. 4. The parties agree that the Child shall remain enrolled at the Red Mill Elementary School in the West Shore School District, unless otherwise agreed between the parties. 5. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 6. The parties shall share providing transportation for exchanges of custody with the parent receiving custody to provide transportation unless otherwise agreed between the parties. 7. Each party shall be entitled to have an extended period of custody with the Child for vacation each year as arranged by agreement between the parties. The parties shall refrain from scheduling vacation time during the other party's weeks of custody unless otherwise agreed. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edgar B. Bayley J. E 4. \--- r--. , " {~5 ~?~ ;. ~_... - , 't;l(~ r', \...'..-- -.........- '" LLJ --- d Lt.1 u.-:c r- '6 ..:s ..::r ..- - -....- 'd. r- N (-" w,,J o ?: ~ / -~-::.- "j:::) ~~ c-1 -.~ '5 () ANTHONY BLACK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3667 CNIL ACTION LAW JENNIFER LEHMAN Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brandon Black January 24, 1997 FatherIMother 2. A custody conciliation conference was held on December 19, 2006, with the following individuals in attendance: the Father, Anthony Black, with his counsel, Joanne Harrison Clough, Esquire, and the Mother, Jennifer Lehman, with her counsel, Ruby D. Weeks, Esquire. 3. The parties agreed to entry of an Order in the form as attached. In addition, the parties also agreed that they would discontinue the support Order through the Domestic Relations Office as they are now equally sharing custody and would thereafter share the Child's expenses equally. The parties agreed further that the Father would claim the Child for income tax in even-numbered years and the Mother would claim the Child for income tax in odd-numbered years. Qe~Je~ I~ ~OOrd Date cQ- L~ Dawn S. Sunday, Esquire ' Custody Conciliator