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HomeMy WebLinkAbout00-014581 11 CHRISTOPHER J. ALLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-1458 CIVIL TERM TONYA L. ALLEMAN, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 52?0 day of 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Pending further order of court or agreement of the parties, the mother shall have primary physical custody of Tanner R. Thornton, born November 16, 1999, and the Father shall have supervised visitation with the Child in accordance with the following schedule: A. On alternating Saturdays (beginning September 16, 2000 from 7:00 a.m. until 9:00 a.m.) for two hours with the specific times to be arranged by agreement of the parties. B. On alternating Thursdays, beginning September 21, 2000 from 5:30 p.m. until 7:00 p.m. C. The parties agree that it is preferable to have the periods of supervised visitation take place at the residence of Tanuny Stine, the maternal aunt. However, in the event the maternal aunt is not available for a period of custody, visitation shall take place at the Mother's residence. 2. Within 30 days of entry by the Court of a determination that the Father is not entitled to obtain paternity blood testing or, within 30 days of receipt of Court-ordered paternity blood test results, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. ,. BY THE COURT, Edgar B- Bayley, J. cc: Bradley L. Griffie, Esquire and Marylou Matas, Esquire - Counsel for Father Marcus A. McKnight, III, Esquire - Counsel for Mother ?? T7 Ff Co Cr -J 4J ?t -rd -..}J 97* f•i .G CHRISTOPHER J. ALLEMAN, Plaintiff VS. TONYA L. ALLEMAN, Defendant PRIM JUDGE: Edgar B. Bayley . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1458 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CQCILIATICN 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: DATE OF B19TH Tanner R. Thornton CURRENTLY IN CUSTODY OF November 16, 1999 Mother 2. A Conciliation Conference was held on September 13, 2000, with the following individuals in attendance: The Father, Christopher J. Alleman, with his counsel, Bradley L. Griffie, Esquire, and Marylou Matas, Esquire, and the Mother, Tonya L. Alleman. The Mother's counsel, Marcus A. McKnight, III, Esquire, participated in the Conference by telephone. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator CHRISTOPHER J. ALLEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TONYA L. ALLEMAN, NO. 00-1458 CIVIL TERM Defendant IN CUSTODY PRAECIPE WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. / Respectfully submitted, Date: 6161 b?) Josep i P. Ruane, Esquire ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Date: 6 f 12- d a W FIE Griffi, squire FIE & A OCIATE 200 North nover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 z 4 Cl) _ !? a n c r ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER J. ALLEMAN, CIVIL ACTION - LAW Plaintiff, VS. NO. 00-1458 Civil TONYA L. ALLEMAN, Defendant. . IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rhonda Wolford, being duly sworn according to law, deposes and says that on March 29, 2000, she served true and attested copies of Order of Court and Complaint for Custody upon the Defendant, Tonya L. Alleman, by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Tonya L. Alleman 437 Crossroad School Road Carlisle, PA 17013 Sworn to and subscribed before me this 17`h day of May, 2000. MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 172574397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER J. ALLEMAN, CIVIL ACTION - LAW Plaintiff, VS. TONYA L. ALLEMAN, Defendant. Is. ?yoouur RETURN ADDRESS completed on the reverse side? nif ml 0 L4 m 0 N ,r,-im ? - ? m a S i a (-0[?h vNi j g Return (acIpt Service. NO. 00-1458 Civil IN CUSTODY 7099 3220 0007 0914 0195 a OR 0 PN' Z m ??. Job('- m m »? ]O< ?9 9m m3 S 9 r? 9 7" MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSDURG, PA 1]259-1397 !m CHRISTOPHER J. ALLEMAN, Plaintiff VS. TONYA L. ALLEMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1458 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this AI-X day of ojtd, , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court dated September 20, 2000, is vacated and replaced with this Order. 2. The Father, Christopher J. Alleman, and the Mother, Tonya L. Alleman, shall have shared legal custody of Tanner R. Thornton, born November 16, 1999. 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. Until January 12, 2001, the Father shall have custody of the Child every Saturday from 8:00 a.m. until 4:00 p.m. (with the exception of December 16, 2000, on which the period of custody shall run from 10:00 a.m. until 6:00 p.m.), and every Tuesday from 5:00 p.m. until 9:00 p.m. B. Beginning Friday, January 12, 2001, the Father shall have custody of the Child on alternating weekends from Friday at 5:30 p.m. through Saturday at 5:30 p.m. C. Beginning Friday, February 23, 2001, the Father shall have custody of the Child on alternating weekends from Friday at 5:30 p.m. through Sunday at 5:30 p.m. D. Beginning January 12, 2001 and continuing on an ongoing basis thereafter, the Father shall also have custody of the Child every Tuesday from 5:00 p.m. until 9:00 p.m. and on the Thursdays before the Mother's weekend periods of custody, from after day care until 6:30 p.m. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run fran Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in every year and the Father shall have custody of the Child during Segment B in every year. Notwithstanding the foregoing, the exchange of custody on December 26, 2000 shall take place at the Child's pediatrician's office in Hershey, Pennsylvania at 12:30 p.m., rather than 12:00 noon. B. THANKSGIVING: In odd numbered years, the Mother shall have custody of the Child on Thanksgiving Day from 8:00 a.m. until 1:00 p.m. and the Father shall have custody from 1:00 p.m. until 7:00 p.m. In even numbered years, the Father shall have custody of the Child on Thanksgiving Day from 8:00 a.m. until 1:00 p.m., and the mother shall have custody from 1:00 p.m. until 7:00 p.m. C. EASTER: The period of custody over the Easter holiday shall run from the Saturday before Easter at 6:00 p.m. through Easter Sunday at 6:00 p.m. The Father shall have custody of the Child over the Easter holiday in odd numbered years and the Mother shall have custody of the Child over the Easter holiday in even numbered years. D. MEMORIAL DAY/LABOR DAY: The Memorial Day and Labor Day holiday periods of custody shall run from the Friday before the holiday at 5:30 p.m. through 6:00 p.m. on the day of the holiday. The Mother shall have custody of the Child over the Memorial Day holiday in odd numbered years and over the Labor Day holiday in even numbered years. The Father shall have custody of the Child over the Memorial Day holiday in even numbered years and over the Labor Day holiday in odd numbered years. E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 8:00 a.m. until 6:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 8:00 a.m. until 6:00 p.m. F. INDEPENDENCE DAY: The party who has custody of the child on July 4th under the regular custody schedule shall have custody of the Child on the holiday. However, the parties shall adjust the custody schedule as necessary to ensure that the Father may take the Child to the fireworks for Independence Day in alternating years. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. H. In the event the Father's holiday period of custody falls immediately preceding or following his regular period of custody, the holiday/regular period of custody shall run continuously without interruption. 6. Each party shall be entitled to have custody of the Child every year during the summer school break for 2 non-consecutive weeks upon providing at least 30 days advance notice to the other party. The party providing notice first of his or her selection of vacation dates under this provision shall be entitled to preference on his or her selection. 7. Unless otherwise agreed between the parties, the party relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody. 8. Unless otherwise agreed between the parties the place for exchange of custody shall be at the respective parties' residences. The parties shall ensure that no third parties are involved in the exchange of custody unless otherwise agreed between the parties. 9. The Father shall be present for all of his periods of custody with the Child. 10. In the event the Father responds to a call to serve as a volunteer firefighter during his periods of custody, the Father shall contact the Mother to offer her the opportunity to provide care for the Child during his absence. 11. 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. 12. This Order is entered pursuant to an agreement of the parties at a Custody conciliation conference. The parties may codify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY liUl,6L D• DQ11 Y, U cc: Bradley L. Griffie, Esquire - Counsel for Father #' Marcus A. McKnight, III, Esquire - Counsel for M her rz-?.?-oo R?s .?. ,fCr ,? I ?IL CHRISTOPHER J. ALLEMAN, Plaintiff vs. TONYA L. ALLEMAN, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1458 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUNBEJ.AND 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 Tanner R. Thorton November 16, 1999 Mother 2. A Conciliation Conference was held on December 6, 2000, with the following individuals in attendance: The Father, Christopher J. Alleman, with his counsel, Bradley L. Griffie, Esquire, and Mary Lou Mates, Esquire, and the Mother, Tonya L. Alleman, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 02_CPir? Date Dawn S. Sunday, Esquire Custody Conciliator Y CHRISTOPHER J. ALLEMAN, Plaintiff VS. TONYA L. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1458 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AMID NOW, this 7 " day of N7O&txi , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 14, 2000, shall continue in effect with the exception of paragraph 6 which is replaced with the following provision. 2. Each party shall be entitled to have custody of the Child every year for 2 non-consecutive weeks upon providing at least 30 days advance notice to the other party. The party providing notice first of his or her selection of vacation dates under this provision shall be entitled to preference on his or her selection. The periods of custody under this provision shall be scheduled to include each party's regular weekend period of custody unless otherwise agreed. In the event a party's vacation reservation or rental period begins and/or ends during the middle of the weekend, the parties shall adjust the custody schedule under this provision to accommodate the reservation or rental period. At such time as the Child begins school, all periods of vacation custody under this provision shall be scheduled during the summer school break unless otherwise agreed between the parties. 3. As arranged by agreement of the parties, the Father shall have custody of the Child for a period of vacation custody from Friday, February 23, 2001 until Friday, March 2, 2001, when the Mother shall have custody of the Child for her regular weekend period of custody. BY THE COURT, cc: -6--- Bradley L. Griffie, Esquire - Counsel for Father Marcus A. McKnight, III, Esquire - Counsel for Mother !O? C)F x,.11: P' )T,E 0NTlARY 01 MAR -8 AM 8= 16 CUMBERUAND COUNTY PENNSYLVANIA N? A J. ALLEMAN, Plaintiff vs. TONYA L. ALLEMAN, Defendant PRIOR JUDGE: Edgar B. Bayley CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1458 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 Tanner R. Thornton November 16, 1999 Mother 2. A Conciliation Conference telephone call was held on February 23, 2001, with the Conciliator, the Mother's counsel, Marcus A. McKnight, III, Esquire, and the Father's counsel, Bradley L. Griffie, Esquire participating. The mother's counsel had filed a Petition on a very limited issue involving a conflict arising under the prior custody Order dated December 14, 2000. The parties, through counsel, were able to reach an agreement resolving all issues. 3. The Conciliator recommends an Order in the form as attached. 4_ / 0-'--4 Date Dawn S. Sunday, Esquir Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER J. ALLEMAN, Plaintiff, VS. CIVIL ACTION - LAW NO. M-/e/,5r TONYA L. ALLEMAN, Defendant. IN CUSTODY ORDER OF COURT AND NOW, this _a_?JL _ :lay of March, 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before S 1 , the conciliator, at 1'j on e ?t_ day of Q- 12000, at ?? . (3C)' V . M., for a Pr -Hearing Conference. At such conf rence, 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 in to a temporary order. All children 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. BY THE COURT, Custody Conciliator iu, The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedule conference hearing. 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, PA Telephone Number 717-249-3166 MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ARy JJ?;y xH0?(; GU,qS,'3EFiG?vr? ?, P'EIQ YC?/gNgUN Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER J. ALLEMAN, Plaintiff, VS. TONYA L. ALLEMAN, Defendant. CIVIL ACTION - LAW NO. ". /L!S"g C Lu ?e.cH IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Christopher J. Alleman, presently residing at 1328 Pine Road, Lot 9, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Tonya L. Alleman, presently residing at 437 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Tanner R. Thornton 4 months The child was born in wedlock on November 16, 1999. The child is presently in the custody of Tonya L. Alleman, who resides at 437 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATE Tonya L. Alleman, Mother 437 Crossroad School Road, 11/16/99-present Richard Thornton, Grandfather Carlisle, PA 17013 Patricia Thornton, Grandmother The mother of the child is Tonya L. Alleman, currently residing at 437 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013. She is married. The father of the child is allegedly Christopher J. Alleman, currently residing at 1328 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. He is married. The parties were married on April 20, 1996 in Newville, Cumberland County, Pennsylvania. The parties separated in November 1998. The Defendant filed for divorce in December 1998. The Defendant resided with Cy Steigleman after the parties' separation and is believed to have had sexual relations with said individual. The parties continued to have MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 sexual relations after their separation. The minor -child is believed to have been conceived in February 1999. The parties reconciled in March 1999 and again lived together until June 26, 1999, when they separated again. The parties have lived separate and apart since June 26, 1999, and the marriage is irretrievably broken. The minor child was born on November 16, 1999. The Defendant has informed the Plaintiff that the child's name has been listed on the birth certificate as Tanner Richard Thornton and that the Plaintiff was not listed as the father on the birth certificate. The Plaintiff has requested that the parties and child submit to blood testing to determine the paternity of the child. The Defendant has refused said request. The Plaintiff shall be petitioning the Court to request paternity testing be performed to determine the paternity of the child in order to proceed with this custody complaint. 4. The relationship of Plaintiff to the child is that of alleged father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP None 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: NAME Tanner R. Thornton Richard Thornton Patricia Thornton RELATIONSHIP son father of Defendant mother of Defendant 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because a. The Defendant has denied the Plaintiff any unsupervised contact with the child. b. The Defendant has only allowed the Plaintiff supervised contact with the child on a sporadic basis. C. The Plaintiff is the more accommodating parent and will allow the Defendant frequent and continuing contact with the child. d. The Plaintiff can provide a loving, caring and stable home environment for the child. MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 1 725 7-1 397 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests the Court to grant both shared legal and primary physical custody of the minor child to the Plaintiff if the paternity test indicates the Plaintiff is the biological father of said minor child. WEIGLE, PERKINS AND ASSOCIATES By: 6 • Jose i P. Ruane, Esquire Att ey for Plaintiff .# 71577 126 East King Street Shippensburg, PA 17257 717-532-7388 MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: 0 0 kwu S Christopher J. lleman MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 z ri 00 `^ a '?!11?HP RM 4WB?F»u4n VR _ CHRISTOPHER J. ALLEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TONYA L. ALLEMAN 00-1458 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 05, 2001 , 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, August 02, 2001 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday Es .. , O Custody Conciliator ?U "" The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 d/ dtz 7-& D/ ?? cz-4-t 'ok r?. CHRISTOPHER J. AI.,LEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TONYA L. ALLEMAN, : NO. 00-1458 CIVIL. TERM Defendant : 1N' CUSTODY ORDER OF COURT AND NOW this day of , 2001, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the Conciliator, at Cumberland County, Pennsylvania, on the day of , 2001, at o'clock __.m. 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. Either party may bring; the children who are 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: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 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, Pennsylvania 17013 Telephone (717) 249-3166 CHRISTOPHER J. ALLEMAN, Plaintiff V. TONYA L. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-1458 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Christopher J. Alleman, by and through his counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner, Christopher J. Alleman, is the above named Plaintiff and an adult individual currently residing at 326 High Mountain Road, Shippensburg, Cumberland County, Pennsylvania. 2. Your Respondent, Tonya L. Alleman, is the above named Defendant and an adult individual currently residing at 2438 Lindsay Lot Road, Shippensburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of Tanner R. Thornton, born November 16, 1999. 4. The parties were previously subject to an Order of Court dated September 20, 2000, which was modified by an Order of Court dated December 14, 2000, a copy of said Orders being attached hereto and incorporated herein by reference as Exhibits "A" and Exhibit "B" respectively. 5. The parties and the child continue to reside in Cumberland County, Pennsylvania, and Cumberland County, therefore, retains jurisdiction of the issue of custody of the said child. 6. Since the entry of the prior Orders, Petitioner has been engaged in periods of increasing contact with his son, which have allowed him to develop a very strong, positive bond with his son. 7. Despite Petitioner's repeated requests to have additional time with his son, who should enjoy equal access to both parents, Respondent has denied each and every attempt for Petitioner to have extra days or evenings with the child. 8. Respondent has refused to allow Petitioner to participate in the child's daycare so as to limit his ability to pick the child up from daycare, return the child to daycare, and otherwise be involved in the child's daycare. 9. Petitioner is an extremely positive influence on the child and the child is developing a very strong bond not only with Petitioner, but with his entire family. 10. Increased time for the child to be Petitioner's care would enhance the child's life. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing him with substantial additional periods of partial custody with the child or, in the alternative, to implement a shared physical custody schedule with the child. Respectfully submitted, GRIFFIE & ASSOCIATES 4§gob?rr e, E quire Petitioner 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 -, 1 1, IN I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: l9'? I?'U I & ad//y&- CHRIS OPHER I ALLEMAN f, CHRISTOPHER J. ALLEMAN, Plaintiff VS. `CNY.A L. ALLEMAN, Defendant IN THE CCURT OF COMMON PLEAS OF CUMBERLAND CCUNTYr PENNSYLVANIA NO. 00-1458 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Q day of , 2000, upon consideration of the attached Custody Conc nation Report, it is ordered and directed as follows: 1. Pending further Order of Court or agreement of the parties, the Mother shall have primary physical custody of Tanner R. Thornton, born November 16, 1999, and the Father shall have supervised visitation with the Child in accordance with the following schedule: A. On alternating Saturdays (beginning September 16, 2000 from 7:00 a.m. until 9:00 a.m.) for two hours with the specific times to be arranged by agreement of the parties. B. on alternating Thursdays, beginning September 21, 2000 from 5:30 p.m. until 7:00 p.m. C. The parties agree that it is preferable to have the periods of supervised visitation take place at the residence of Tammy Stine, the maternal aunt. However, in the event the maternal aunt is not available for a period of custody, visitation shall take place at the mother's residence. 2. Within 30 days of entry by the Court of a determination that the Father is not entitled to obtain paternity blood testing or, within 30 days of receipt of Court-ordered paternity blood test results, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. TRUE COPY FROM RECORD In Testimony whereof, I here u^to set my hand and the ser?ai pf said Court at Carli Ie, Pa. Thi .... e.....?...?. a f,?2?.., d of ry BY THE COURT, Ed-car B. ayley, cc: Bradley L. Griffie, Esquire and Marylou Mates, Esquire - Counsel for Father Marcus A. McKnight, III, Esquire - Counsel for Mother Exhibit "A" i J. ALLEMAN, Plaintiff VS. TONYA L. ALLEMAN, Defendant PRIOR JUDO: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COMITY, PENNSYLVANIA NO. 00-1458 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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: Tanner R. Thornton DATE OF BIRM CXWMERMY IN COS= OF November 16, 1999 Mother 2. A Conciliation Conference was held on September 13, 2000, with the following individuals in attendance: The Father, Christopher J. Alleman, with his counsel, Bradley L. GYiffie, Esquire, and Marylou Matas, Esquire, and the Mother, Tonya L. Alleman. The Mother's counsel; Marcus A. McKnight, III, Esquire, participated in the Conference by telephone. 3. The parties agreed to entry of an order in the form as attached. Sea?A 13 T ; ,, Date _ Dawn S. Sunday, Esquire Custody Conciliator CHRISTOPHER J. ALLE.MAN, IN THE COURT OF CCf'-'MCN ?LEAS OF Plaintiff cum2ERLAND COUNTY, P NNSYLVANIA VS. NO. OC-1558 CI=M T- MM TON A L. ALLE.MAN, CIVIL ACTION - LAW Defendant IN CUSTODY CRDER OF C= AMID NOW, this I_ day of heCe m? P R , 2000, uoon . consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court dated September 20, 2000, is vacated and replaced with this order. 2. The Father, Christopher J. Alleman, and the Mother, Tonya L. Alleman, shall have shared legal custody of Tanner R. Thornton, born November 16, 1999. 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 recisions regarding his health, education and religion. 3. The Mother shall have primary physical custody of =`!e Child. 5. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. Until January 12, 2001, the Father shall have custody of the Child every Saturday from 3:00 a.m. until 5:00 p.m. (with the exceptions of December 16, 2000, on which the period of cu tody shall run from 10:00 a.m. until 6:00 p.m.), arc every Tuesday from 5:00 o.m. until 9:00 o.m. ?. 3eginninc Fridav, January 12, 2001, the Fat er shall have custody of the Child on altersating weerzencs from riday dt 5:3C p.m. through Saturday at 5:3C O.M. Be---inning ~'iday, Febn:ary 23, 2001, the Father shall have custody of the Child on alternating weekends from Friday at 5:30 p.m. through Sunday at 5:30 p.m. D. Beginning January 12, 2001 and continuing an, a ongoing basis thereafter, the Father shall alsc have custody of the Child every Tuesday from 5:00 until 5:00 p.m. and on the Thursdays before the Mother's weekend periods of Custody, from aft=_r day care until 6:30 p.m. 5. The parties shall share or alternate having custody of the Child Exhibit "B" on holidays as follows: CEP-I3714AS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment S, which shall run from Christmas Dav at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in every year and the Father shall have custody of the Child during . Segment 3 in every year. Notwithstanding the foregoing, the exchange of custody on December 26, 2000 shall take =lace at the Child's pediatrician's office in Hershey, Pehnsyl?aa:a at 12:30 p.m., rather than 12:00 noon. S. TSAIUCSGIVIN G: in odd numbered years, the Mcther shall have custody of the Child on Thanksgiving Day from 8:00 a.m. until 1:00 p.m. and the Father shall have custody from 1:00 p.m. until 7:00 p.m. in even numbered years, the Father shall have custody of the Child on Thanksgiving Day from 8:00 a.m. until 1:00 p.m., and the Mother shall have custody from 1:00 p.m. until 7:00 o.m. C. EASTER: The period of custody over the Easter holiday shall run from the Saturday before Easter at 6:00 p.m. through raster Sunday at 6:00 p.m. The rather shall have custody of the Child over the Faster holiday in odd numbered years and the Mother shall have custody of the Child over the caster holiday in even numbered years. 0. MEMORIAL DAY/LABOR DAY: The Memorial >y and Labor Day holiday periods of custody shall run from the Friday before the holiday at 5:30 p.m. through 6:00 p.m. or, the day of the holiday. The Mother shall have custody of the Child over the Memorial Day holiday in odd numbered years and over the Labor Day holiday in even numbered years. The Father shall have custcdy of the Child over the Memorial :Jay holiday in even numbered veers and over, the Labor Dav holiday in odd numbered years. - ?. MOTHER'S DAY/FATHER'S DAY: The Mother shall Nave c_stodv of the 6l-id every year on Mother'S Dav from 8:3C a.m. until 6:00 p.m. and tnE rather shall have custody pf the Child every vea, on ratner's Day from 8:00 a.m. until 6:00 p.m. F. INDEPENDENCE DAY: The party -.ho has _Ustody July ^_t :under the recu ar csrod-v schedule s Of the Child on the holiday. However, adjust the custody schedule as necessary t_ Father :-,ay take the Child _., the fireworks Day in alternating years. of the Child on all have cstody e parties shall ensure that the far Indepencence G. The hclidav custody schedule shall supersede and take precedence over the regular custody schedule. In the event the Father's holiday period of custody falls immediately preceding or following his regular period of custody, the holiday/regular period of custody shall run continuously without interruption. 6. Each party shall be entitled to have custody of the Child every year d=ing the summer school break for 2 non-consecutive weeks upon providing at least 30 days advance notice to the other party. The party providing notice first of his or her selection of vacation dates under this provision shall be entitled to preference on his or her selection. 7. Unless otherwise agreed between the pa:-ti=_s, the ;arty relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody. 8. Unless otherwise agreed between the parties the place for exchange of custody shall be at the respective parties' residences. The parties :shall ensure that no third parties are involved in the exchange of custody unless otherwise agreed between the parties. 5. The Father shall be present for all of his periods of custody with the Child. 10. In the event the Father responds to a call to serve as a volunteer firefighter during his periods of custody, the Father shall contact the Mother to offer her the opportunity to provide care for the Child during his absence. 11. 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 rent. Both oarties shall ensure that third parties having contact with the Child comply with this provision. 12. 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 der shall control. BY T4= CCLnT, Edcaif -2. Bayley, J. cc: Bradley L. Griffie, ESL,:ire - Counsel for Father Mar--US A. McKhicnt, III, Escuire - Counsel for Mother TRUE C.,,.,,, In .btl.af,-,, . ,t y nand and t C.gRiISTOPEEP, J. ALLEMAN, Plaintiff VS. TONYA L. ALLEMAN, Defendant :PRIOR J=- Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND C0TJ1 TY, PENNSYLVANL4 NO. 00-1458 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ='CDY NATION S@ PW;ff REPORT IN ACIOORDANCE WITH CUMBERLAND COUNTY RULE OF cnm 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 CHI BIRTH CURRENTLY IN CUSTODY OF Tanner R. Thorton November 16, 1999 Mother 2. A Conciliation Conference was held on December 6, 2000, with the fcllowii)c individuals in attendance: The Father, Christopher J. Alleman, with his counsel, Bradley L. Criffie, Esquire, and !vary Lou Mates, Esquire, and the Mother, Tontia L. Alleman, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. i Date Dawn S. Sunday, Esculre / Custody Conciliator rb ur,17P7:!? i r (I 0 m f? CHRISTOPHER J. ALLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 00-1458 CIVIL TERM T'ONYA L. ALLEMAN, CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this I ` - day of _ S , 2001, upon Ad? consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Pending further Order of Court or agreement of the parties, the prior Orders of this Court shall continue in effect. 2. The parties shall contact Georgie Anderson, or other professional selected by agreement of the parties, to obtain an assessment of the Child's adjustment to the custody situation and to obtain guidance in addressing concerns regarding the Child and the custody arrangements generally. The parties shall equally share all unreimbursed costs of the counseling/assessment. 3. Counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference within six months of the date of this Order in the event the parties are not able to resolve all outstanding custody issues through counseling. BY THE COURT, Edgar B. Cc: Bradley L. Griffie, Esquire - Counsel for Father Marcus A. McKnight, III, Esquire - Counsel for Mother cz?e? l,,4"" 9-ov"01 J. Gi ,C, ,? yS:i..' ?_ ?_ ?"9 .. CHRISTOPHER J. ALLEMAN, Plaintiff Vs. T'ONYA L. ALLEMAN, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-1458 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tanner R. Thornton November 16, 1999 Mother 2. A Conciliation Conference was held on August 22, 2001, with the following individuals in attendance: The Father, Christopher J. Alleman, with his counsel, Bradley L. Griffie, Esquire, and the Mother, Tonya L. Alleman, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. _ & O, t =2 71 02-06 / Date Dawn S. Sunday, Esquire Custody Conciliator CHRISTOPHER 1. ALLEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • 00-1458 CIVIL ACTION LAW TONYA L. (ALLE KARPER DEFENDA T IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 09, 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, May 09, 2002 at 1:00 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Dawn S. Sundav. EsaQm Custody Conciliator U The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KIE CuilkAbzRLQA) COUNTY CHRISTOPHER J. ALLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW APR Q 8 2002D TONYA L. (ALLEMAN) KARPER, NO. 00-1458 CIVIL TERM Defendant/Respondent : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2002, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before . Esquire, the conciliator, at Cumberland County, Pennsylvania, on the day of 2002, at o'clock .m., 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. BY THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 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, PA 17013 (717) 240-3166 CHRISTOPHER J. ALLEMAN, Plaintiff/Petitioner V. TONYA L. (ALLEMAN) KARPER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-1458 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Christopher J. Alleman, by and through his counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above-named Plaintiff, Christopher J. Alleman, and an adult individual currently residing at 326 High Mountain Road, Shippensburg, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Tonya L. Thornton Karper, an adult individual currently residing at 2438 Lindsay Lot Road, Shippensburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one Child, Tanner R. Thornton, born November 16, 1999. 4. The parties are subject to various Orders of Court entered herein relative to custody of the child, the most recent of which was entered on September 4, 2001, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 5. Pursuant to the September 4, 2001, Order, the parties were to engage in counseling and either party was permitted to contact the conciliator for an additional conciliation conference within six months of the date of the Order in the event the parties were unable to resolve all outstanding custody issues through counseling. 6. While the counseling has been completed and no further sessions are scheduled, it has become evident that the outstanding custody issues have not been able to be resolved through counseling. 7. More than six months have passed since the date of the Order and, therefore, Petitioner files the within Petition for Modification of Custody requesting an additional conciliation conference. 8. Petitioner requests that he be granted expanded periods of physical custody with his son and avers that this is in the child's best interest. WHEREFORE, Petitioner requests your Honorable Court to schedule a conciliation conference and that the Court ultimately grant him additional periods of physical custody with the child at issue. Respectfully submitted, iey for Petitioner/Plaintiff RIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: tE a-V eL Sf' CHRIST HER J. ALLEMAN, Petitioner/Plaintiff CHRISTOPHER J. ALLEMAN, Plaintiff VS. T'ONYA L. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1458 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, Us Vt- day of de=,,,? ,+,`2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Pending further Order of Court or agreement of the parties, the prior Orders of this Court shall continue in effect. 2. The parties shall contact Georgie Anderson, or other professional selected by agreement of the parties, to obtain an assessment of the Child's adjustment to the custody situation and to obtain guidance in addressing concerns regarding the Child and the custody arrangements generally. The parties shall equally share all unreimbursed costs of the counseling/assessment. 3. Counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference within six months of the date of this Order in the event the parties are not able to resolve all outstanding custody issues through counseling. BY THE COURT, is/ /3. A egy Edgar B. B yley, J. Cc: Bradley L. Griffie, Esquire - Counsel for Father Marcus A. McKnight, III, Esquire - Counsel for Mother TRIBE COPY FROM RECORD In Testimony whereof, I hereunto set my hand and the sial of said Cou at Carlisle, Pa. Thls 5` ; dday of L" / ' - Prothonotari EXHIBIT "A" CHRISTOPHER J. ALLEMAN, Plaintiff VS. TONYA L. ALLPMAN, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-1458 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tanner R. Thornton November 16,1999 Mother 2. A Conciliation Conference was held on August 22, 2001, with the following individuals in attendance: The Father, Christopher J. Alleman, with his counsel, Bradley L. Griffie, Esquire, and the Mother, Tonya L. Alleman, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. &r? f e) -7 2W/ Lc?j? Date Dawn S. Sunday, Esquire Custody Conciliator ? -ND > 2\/ !ZS `_. L r n c P 'C CHRISTOPHER J. ALLEMAN, Plaintiff VS. T'ONYA L. (ALLEMAN) KARPER, Defendant IN T14E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-1458 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 21 day of 0, 1' , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 14, 2000 shall continue in effect as modified by this Order and the Order dated September 4, 2001 is vacated. 2. The Father shall have partial physical custody of the Child on alternating weekends from Friday, when the Father shall pick up the Child at day care, through Sunday at 5:00 p.m. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Child fi-om Wednesday, when the Father shall pick up the Child after day care, through Thursday morning when the Father shall transport the Child to day care. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child from Tuesday, when the Father shall pick up the Child after day care, through Wednesday morning, when the Father shall transport the Child to daycare. 3. The parties shall contact Georgi Anderson, or other professional selected by agreement of the parties, to address the Mother's concerns with regard to the Child's behavior following periods of partial custody and to assist the parties and provide written recommendations or conclusions in order to resolve conflicts over the custody schedule. 4. Counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference within 60 days of receipt of the counselor's written conclusions in the event the parties are not able to resolve all outstanding custody issues at that time. BY THE COURT Edgar B. Bayley, J. ccA- radley L. Griffie, Esqire - Counsel for Father n ,,/Marcus A. McKnight, III, Esquire - Counsel for Mother ?z?-nz _? ? s.a c 1 ?] IT ? I. Z ?r ? „=' " _ `?.: - i _ ,_.. ,{C? a? ?:a ? _' ?; ?=c, ?: ? "` - ^?.r -? CHRISTOPHER J. ALLEMAN, Plaintiff VS. T'ONYA L. (ALLEMAN) KARPER, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-1458 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tanner R. Thornton November 16, 1997 Mother 2. A Conciliation Conference was held on May 9, 2002, with the following individuals in attendance: The Father, Christopher J. Alleman, with his counsel, Bradley L. Griffie, Esquire, and the Mother, Tanya L. Karper, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date O Dawn S. Sunday, Esquire Custody Conciliator JAW 17 2003 TONYA L. (ALLEMAN) THORNTON-KARPER,: IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2000-1458 CIVIL TERM CHRISTOPHER J. ALLEMAN, Respondent IN CUSTODY ORDER OF COURT AND NOW, this 3?3 day of 200 upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. Bradley L. Griffie, Esquire Attorney for Defendant Marcus A. McKnight, III, Esquire Attorney for Plaintiff t RLEa-OFFICE. OE ITT iONOTARY 03 JAH 23 PH 24 59 CUMBER',jwND COUNTY PENNSYLVANIA TONYA L. (ALLEMAN) THORNTON-KARPER,: IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2000-1458 CIVIL TERM CHRISTOPHER J. ALLEMAN, Respondent IN CUSTODY CUSTODY STIPULATION AND NOW, this day of ?'?-- , 2002, the parties, TONYA L. (ALLEMAN) THORNTON-KARPER and CHRISTOPHER J. ALLEMAN hereby enter into the following Custody Stipulation and Agreement regarding their minor son, TANNER THORNTON: 1. The Petitioner is Tonya L. (Alleman) Thornton-Karper, an adult individual residing at 2438 Lindsay Lot Road, Shippensburg, Franklin County, Pennsylvania 17257. 2. The Respondent is Christopher J. Alleman, an adult individual residing in 7 Fox Hollow Road, Carlisle, Pennsylvania 17013. 3. The parties are the natural parents of one minor child, namely, Tanner Thornton, born November 16, 1999, who is three (3) years of age. 4. The parties agree to have shared legal custody of the Child. 2 5. The Petitioner shall have primary physical custody of the Child. 6. The Respondent will have temporary physical custody of the Child every other weekend from 5:00 p.m. on Friday until Sunday evening at 5:00 p.m. 7. The Respondent will have temporary physical custody of the Child every other Tuesday from 5:00 p.m. to Wednesday morning at 6:00 a.m. This period of temporary physical custody will take place following the weekend that Petitioner has custody of the Child. Every other week following Respondent's weekend of custody, the Respondent will have temporary physical custody of the Child from Wednesday at 5:00 p.m. to Thursday morning at 6:00 a.m. 8. The Petitioner will take the Child as an income tax exemption on the odd-numbered years and the Respondent will take the Child as an income tax exemption on the even-numbered years. Each party will execute any documents required to permit the Child as a tax dependent on the respective tax returns as set forth in this Agreement. If Father initiates proceedings to modify the physical custody schedule as set forth herein prior to the Child beginning first (1st) grade, Father shall compensate Mother in an amount equal to any portion of his income tax refunds that he has been able to secure up to that time through claiming the Child as a tax dependent on his taxes as described above. 9. The parties will share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday will be divided into Segment A, which will run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which will run from Christmas Day at 12:00 noon through December 26, at 12:00 noon. The Mother will have custody of the Child during Segment A in every year and the Father will have custody of the Child during Segment B in every year. Additional time will be allowed for Respondent if both parties agree. B. Thanksgiving: In even numbered years, the Mother will have custody of the Child on Thanksgiving Day. In odd numbered years, the Father will have custody of the Child the Wednesday before Thanksgiving Day from 5:00 p.m. until 5:00 p.m. on Thanksgiving Day. Additional time will be allowed for Respondent if both parties agree. C. Easter: The period of custody over the Easter holiday will run from the Saturday before Easter at 6:00 p.m. through Easter Sunday at 5:00 p.m. The Mother will have custody of the Child over the Easter holiday in odd numbered years and the Father will have custody of the Child over the Easter holiday in even numbered years. Additional time will be allowed for Respondent if both parties agree. D. Memorial Day/Labor Day: The Memorial Day and Labor Day holiday periods of custody will run from the Friday before the holiday at 5:00 p.m. through 5:00 p.m. on the day of the holiday. The Mother will have custody of the Child over the Memorial Day holiday in even numbered years and over the Labor Day holiday in odd numbered years. The Father will have custody of the Child over the Memorial Day holiday in odd numbered years and over the Labor Day holiday in even numbered years. E. Mother's Day/Father's Day: The Mother will have custody of the Child every year on Mother's Day from 8:00 a.m. until 6:00 p.m. and the Father will have custody of the Child every year on Father's Day from 8:00 a.m. until 6:00 p.m. F. Independence Day: The Mother will have custody of the Child on July 0 on odd numbered years, and the Father will have custody of the Child on even numbered years. The parent who gets the holiday that year, if it falls on a weekend, will get the whole weekend to include the 4th at 5:00 p.m. G. The holiday custody schedule will supersede and take precedence over the regular custody schedule. 4 H. In the event the Father's holiday period of custody falls immediately preceding or following his regular period of custody, the holiday/regular period of custody will run continuously without interruption. 10. Each party will be entitled to have custody of the Child every year for two (2) non- consecutive weeks upon providing at least thirty (30) days advance notice to the other party. The party providing notice first of his or her selection of vacation dates under this provision will be entitled to preference on his or her selection. 11. Unless otherwise agreed between the parties, the party relinquishing custody of the Child will be responsible to provide transportation for the exchange of custody. 12. Unless otherwise agreed between the parties, the place for exchange of custody will be at the respective parties' residences. The parties will ensure that no third parties are involved in the exchange of custody unless otherwise agreed between the parties. 13. The Father will be present for all of his periods of custody with the Child. 14. Neither party will 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 will ensure that third parties having contact with the Child comply with this provision. 15. The parties may reevaluate custody and tax issues after the Child has begun first grade. 16. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the Child, and will take any necessary steps to ensure that the health and well-being of the Child are protected. During such illness or medial emergency, both parties will have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 17. The parties may make such alternate arrangements regarding the physical custody of the Child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the Child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order will control. 18. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 6 19. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 20. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 21. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. 7 IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: (SEAL) TONY L.THORNTONI ER (SEAL) CHRISTOPHF,A J. ALLEMAN TONYA L. (ALLEMAN) THORNTON-KARPER,: IN THE COURT OF COMMON PLEAS OF Petitioner V. CHRISTOPHER J. ALLEMAN, Respondent : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :2000-1458 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Petitioner, Tonya L. (Alleman) Thornton-Karper, by her attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Petitioner is Tonya L. Thornton-Karper, an adult individual residing at 403 Scott Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent is Christopher J. Alleman, an adult individual residing at 7 Fox Hollow Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one minore child, namely, Tanner Thornton, born November 16, 1999, who is eight (8) years of age. 4. The parties are currently governed by a custody Order of Court dated January 23, 2003, and entered following submission of a signed Custody Stipulation. A copy of the Order and Stipulation is attached hereto and marked as Exhibit "A". 5. It is has come to the attention of Petitioner that the minor child has been physically abused by the Respondent. The report from Sarah Taby at Momentum Services, LLC, is attached hereto and marked as Exhibit "B" 6. The Petitioner seeks a modification of custody, granting Petitioner sole physical custody of the minor child with counseling for the child and the parties to deal with the child's depression and the anger of the father. 7. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Tonya L. Thornton-Karper, respectfully requests modification of the Court Order as set forth herein. Respectfully submitted, IRWIN & McKNIGHT By: 97 Marcufi A. Mc igh III, Esquire Atto y for Plai i 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: January 30, 2008 EXHIBIT "A" JAN 9 I AN TONYA L. (ALLEMAN) THORNTON-KARPER,: IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2000-1458 CIVIL TERM CHRISTOPHER J. ALLEMAN, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of?, 2003, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. Bradley L. Griffie, Esquire Attorney for Defendant Marcus A. McKnight, III, Esquire Attorney for Plaintiff By the Court, a & ;o. A Ea-gar 19. Bayley, J g % 5 TONYA L. (ALLEMAN) THORNTON-KA"ER,: IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW; T 2000-1458 CIVIL TERM CHRISTOPHER J. ALLEMAN, Respondent IN CUSTODY ,- CUSTODY STIPULATION day of k Cl_v 2002, the parties, TONYA L. AND NOW, this ?1'k (ALLEMAN) THORNTON-KARPER and CHRISTOPHER J. ALLEMAN hereby enter into the following Custody Stipulation and Agreement regarding their minor son, TANNER THORNTON: 1. The Petitioner is Tonya L. (Alleman) Thornton-Karper, an adult individual residing at 2438 Lindsay Lot Road, Shippensburg, Franklin County, Pennsylvania 17257. 2. The Respondent is Christopher J. Alleman, an adult individual residing in 7 Fox Hollow Road, Carlisle, Pennsylvania 17013. 3. The parties are the natural parents of one minor child, namely, Tanner Thornton, born November 16, 1999, who is three (3) years of age. 4. The parties agree to have shared legal custody of the Child. 2 5. The Petitioner shall have primary physical custody of the Child. 6. The Respondent will have temporary physical custody of the Child every other weekend from 5:00 p.m. on Friday until Sunday evening at 5:00 p.m. 7. The Respondent will have temporary physical custody of the Child every other Tuesday from 5:00 p.m. to Wednesday morning at 6:00 a.m. This period of temporary physical custody will take place following the weekend that Petitioner has custody of the Child. Every other week following Respondent's weekend of custody, the Respondent will have temporary physical custody of the Child from Wednesday at 5:00 p.m. to Thursday morning at 6:00 a.m. 8. The Petitioner will take the Child as an income tax exemption on the odd-numbered years and the Respondent will take the Child as an income tax exemption on the even-numbered years. Each party will execute any documents required to permit the Child as a tax dependent on the respective tax returns as set forth in this Agreement. If Father initiates proceedings to modify the physical custody schedule as set forth herein prior to the Child beginning first (1st) grade, Father shall compensate Mother in an amount equal to any portion of his income tax refunds that he has been able to secure up to that time through claiming the Child as a tax dependent on his taxes as described above. 3 9. The parties will share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday will be divided into Segment A, which will run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which will run from Christmas Day at 12:00 noon through December 26, at 12:00 noon. The Mother will have custody of the Child during Segment A in every year and the Father will have custody of the Child during Segment B in every year. Additional time will be allowed for Respondent if both parties agree. B. Thanksgiving: In even numbered years, the Mother will have custody of the Child on Thanksgiving Day. In odd numbered years, the Father will have custody of the Child the Wednesday before Thanksgiving Day from 5:00 p.m. until 5:00 p.m. on Thanksgiving Day. Additional time will be allowed for Respondent if both parties agree. C. Easter: The period of custody over the Easter holiday will run from the Saturday before Easter at 6:00 p.m. through Easter Sunday at 5:00 p.m. The Mother will have custody of the Child over the Easter holiday in odd numbered years and the Father will have custody of the Child over the Easter holiday in even numbered years. Additional time will be allowed for Respondent if both parties agree. D. Memorial Day/Labor Da v: The Memorial Day and Labor Day holiday periods of custody will run from the Friday before the holiday at 5:00 p.m. through 5:00 p.m. on the day of the holiday. The Mother will have custody of the Child over the Memorial Day holiday in even numbered years and over the Labor Day holiday in odd numbered years. The Father will have custody of the Child over the Memorial Day holiday in odd numbered years and over the Labor Day holiday in even numbered years. E. Mother's Day/Father's Da v: The Mother will have custody of the Child every year on Mother's Day from 8:00 a.m. until 6:00 p.m. and the Father will have custody of the Child every year on Father's Day from 8:00 a.m. until 6:00 p.m. F. Independence Day: The Mother will have custody of the Child on July 4th on odd numbered years, and the Father will have custody of the Child on even numbered years. The parent who gets the holiday that year, if it falls on a weekend, will get the whole weekend to include the 4th at 5:00 p.m. G. The holiday custody schedule will supersede and take precedence over the regular custody schedule. 4 H. In the event the Father's holiday period of custody falls immediately preceding or following his regular period of custody, the holiday/regular period of custody will run continuously without interruption. 10. Each party will be entitled to have custody of the Child every year for two (2) non- consecutive weeks upon providing at least thirty (30) days advance notice to the other party. The party providing notice first of his or her selection of vacation dates under this provision will be entitled to preference on his or her selection. 11. Unless otherwise agreed between the parties, the party relinquishing custody of the Child will be responsible to provide transportation for the exchange of custody. 12. Unless otherwise agreed between the parties, the place for exchange of custody will be at the respective parties' residences. The parties will ensure that no third parties are involved in the exchange of custody unless otherwise agreed between the parties. 13. The Father will be present for all of his periods of custody with the Child. 14. Neither party will 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 will ensure that third parties having contact with the Child comply with this provision. 5 15. The parties may reevaluate custody and tax issues after the Child has begun first grade. 16. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the Child, and will take any necessary steps to ensure that the health and well-being of the Child are protected. During such illness or medial emergency, both parties will have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 17. The parties may make such alternate arrangements regarding the physical custody of the Child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the Child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order will control. 18. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 6 19. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 20. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 21. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. 7 IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: SEAL TO WA L. THORNTON KARPE 44-116? f 6vzi? (SEAL) CHRISTOPH J. ALLEMAN Gi'-NV"6WFAMLY LAWIALLF ,TOWYA STODY STIR MN TONYA 1(ARFFA EXHIBIT "B" JAN-29-2008 11:47 From:MOMENTUM S8KGJG 7172622486 To:+7172496354 P.2/3 t mornentum ?'e ices, ??c r, Y+nr ?nmorrow January 29, 2008 Ms. Sarah Taby Momentum Services, L.L.C. 144 South 0 Stree[ Suite 1.08 Chambersburg, PA 17201 Attorney Marcus A. McKnight 111 West Pomfret Professional Building 60 West Pomfret Street. Carlisle, PA 17013 Dear /attorney McKnight: 'fanner Thornton has been under my therapeutic care since November 11, 2007, fie began his treatment as a way to cope with the stress of his younger brother's psychological diagnosis. Ile presented as a very anxious child, thus the goal of his clinical treatment plan was to learn coping skills to aid him in his difficulty managing stress and anxiety. After four sessions Tanner began to discuss his anxiety in relation to his father. He discussed being anxious about disappointing his father, hurting his father's feelings, and the. stress related to a fight his father and his step-fathcr got into at his home. This caused Taruier significant anxiety and made him feel turn between his father and his mother. He slated that his father says that his mother is a bad mom and he knows she is not. Throughout our sessions Tanner has mentioned that he wished he did not have Lo set his father as much ati he, did and would rather see him only one weekend a month. .On January 7, 2008 Tanner's father joined our session. Prior to his arrival in the therapy room Tanner and 1 discussed what Tanner :felt comfortable talking to his father about. 'B'anner appeared very nervous and dill not want his fathcr to see anything in his file or drawings that he had dune previously. He drew some pictures that particular clay of his father and step-father fighting in front of his younger brother. He was scared his father was going tc) see this drawing and he folded it up and placed it inside my file. 'T'anner decided he could share with his father his desire for his father to pay more attention to his younger hall'-brother. He wanted his father to take both his brother and him to the playground. 'T'anner was able to address this desire with his father at that time, but was extremely nervous and uncomfortable. MurricnLum Survicc-,, LLC Ph. 717-262-2183 Fax: 71.7-262-24H6 JAN-29-2ooe 11:47 From:MOMENTUM SBKGJG 7172622496 To:+7172496354 P.3/3 AI It m omentum S'e zees 41111 7nmarmw 6 On January 28, 2008 I asked Tanner if his father ever hit him. He stated that his father slaps him across the face and he then looked embarrassed and stated his ;father also spanks him on the butt. I asked him if his father has ever bruised him and lie said yes, he left a black and blue stark rill his face about a month ago. He stated that lie was afraid cal' hurting his father's feelings. This particular session Tatuter's mother told me Tanner had begun Prozac. He was petrified that his .father would field out about this medication. The medication was, prescribed by his family doctor for depression. Tawier told me not to tell his farther several times. I spoke with'l'anner's mother after our session and she confirmed that at one time about a naonth ago Tanner had a black and blue mark. on his face, from his father slapping him. On January 28, 2008 l Phoned Child-Line and reported this incident to Childrell and Youth Services as mandated by my position as a Mental Health Worker. It is of my opinion that from the information and behavior of the child Tanner Thornton that he htvs ;an unhealthy rel,itionship with is father. His father appears ter cause him an excessive amount of stress and anxiety. Tanner has asked several tunes to limit his visitaticm with his father and would rather stay with his biological mother and step-father on weekends. I believe this would help Tanner feel safer and more relaxed. If I can he of anymore help please :feel free to phone me at 717-262-2183. Sincerely, Sarah Taby M.S. outpatient Clinician Momentum Services, LLB. Ph: 717-262-2183 Fax: 71.7-262-2486 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. TONYA L. THORNTON- R Date: t ' 30 " Cam' TONYA L. (ALLEMAN) THORNTON-KARPER,: IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :2000-1458 CIVIL TERM CHRISTOPHER J. ALLEMAN, Respondent : IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 By: Dated: January 30, 2008 IRWIN & McKNIGHT Marcus ,& Mc 60 We Pomfr Street Carlisl , PA 1 13 717-249-2353 Supreme Court I.D. # 70216 Attorney for the Petitioner 4 . A T rm d - : 7 c:l ti IN ?T ?4_f TONYA L. (ALLEMAN) THORNTON-KARPER,: IN THE COURT OF COMMON PLEAS OF Petitioner V. CHRISTOPHER J. ALLEMAN, Respondent : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2000-1458 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this ? day of January, 2008, comes the Petitioner, Tonya L. Thornton- Karper, by her attorneys, Irwin & McKnight, and makes the following Petition for Special Relief against the Respondent, Christopher J. Alleman: 1. The Petitioner is Tonya L. Thornton-Karper, an adult individual who resides at 2438 Lindsay Lot Road, Shippensburg, Franklin County, Pennsylvania 17257. 2. The Respondent is Christopher J. Alleman, an adult individual who resides at 7 Fox Hollow Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner and Respondent are the natural parents of one minor child, Tanner Thornton, born November 16, 199, who is eight (8) years of age. 4. A custody order was entered on January 23, 2003, pursuant to an agreement of the parties for shared legal custody and for Petitioner to have primary physical custody of the child 2 5. On or about January 29, 2008, Sarah Taby, M.S., of Momentum Services, LLC, provided Petitioner with a copy of a report regarding her therapy sessions with the minor child. The report indicated that the minor child was being physically abused by the Respondent and that a report had been made to Children and Youth Services. A copy of said report dated, is attached hereto and incorporated herein as Exhibit "A." 7. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's special relief requests as set forth herein and suspend physical custody of the Father until these issues can be explained through counseling. WHEREFORE, the Petitioner, Tonya L. Thornton-Karper, respectfully requests this Honorable Court to enter an Order indicating that Petitioner shall be granted sole physical custody of the minor child. Respectfully submitted, IRWIN o?,a By: Maros A. r#cKnight, I9[I, Esquire Atto fney for Petitioner' 60 'West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Date: January 30, 2008 Supreme Court I.D. No: 25476 3 EXHIBIT "A" JAN-29-2008 11:47 From:MOMENTUM S8KGJG 7172622486 To:+7172496354 P.2/3 momentum es .CSC. 74iny ?udr,.... Buniin9 ?nmorrow January 29, 2008 Ms. Sarah Taby Momentum Services. L.L.C. 144 South 8rh S_ kreet Suite 108 Cliambershurg, PA 17201 Attorney Marcus A. McKnight 111 West Pomfret Professional Building 60 West Pomfret Street. Carlisle, PA 17013 Dear Attorney McKnight: 'l7anncr Thornton has been under my therapeutic care since November 11, 2007. He began his treatment as a way to cope with the stress of his younger brother's psychological diagnosis. Ile presented as a very anxious child, thus the goal of his clinical treatment plan was to learn coping skills to aid him in his difficulty managing stress and anxiety. After four sessions Tanner began to discuss his anxiety in relation to his father. He discussed being anxious about disappointing his father, hurting his father's feelings, and the stress related to a fight his father and his step-father got into at his home. This caused Tanner sigitificant anxiety and made him feel torn between his father and his mother. He stated that his rather says that his mother is a bad mom and he knows she is nut. Throughout our sessions Tanner has mentioned that he wished he did not have to see his father as much as he did and would rather sec; him only one weekend a month. Dn.lanuary 7, 2008 1'aruier's father joined our session. Prior to his arrival in the therapy roan Tanner and 1 discussed what Tanner felt comfortable talking to his father about. 'T'anner appeared very nervous and dill not want his father to sec anything, in his file or drawings that he had dune previously. He drew some pictures that particular clay of his father and step-father fighting in front of his younger brother. He was scared his father was giving tc.5see this drawing and he folded it up and placed it inside my file. Tanner decided he could share with his father his desirr. .for his father to pay more attention to his younger hall'-brother. He wanted his father to take both his brother and him to the playground. Tanner was able to address this desire with his father at That time:, but was extremely nervous and uncomfortable. Mornenturn Services, LLC Pb. 7.17-262-2183 Fax: 717-262-2486 JAN-29-2008 11:47 From:MOMENTUM S8KGJG 7172622486 To:+7172496354 P.3/3 mot. ??Iamerrtum Se?^vices, P...ze ?fe?iny'rO ?0?, 24uuajaj y Tomormw On January 28, 2008 I asked Tanner if Iris father ever hit him. He stated that his father slaps him across the face and he then looked embarrassed and stated his father also spanks him on the butt. I asked him if his father has ever bruised him and lie said yes, he left a black and blue mark on his face about a month ago. He stated that he was afraid of hurting his father's feelings. This particular session Trainer's mother told me 'Fenner had begun Prozac. He was pctrilied that his father would find out about this medication. The medication was prescribed by his family doctor for depression. Taruier told me not to tell his father several times. I spoke with Tanner's mother after our session and she confirmed that at one time about a iinonth ago Tanner had a black and blue mark. on his face, from his father slapping him. On January 28, 20081 phoned Child-Line and reported this incident to Children and Youth Services as mandated by my position as a Mental Health Worker. It is of my opinion that from the information and behavior of the child Tanner Thornton that he hws an unhealthy relationship with is father. His father appears to cause him an excessive amount of stress and anxiety. Tanner has asked several tunes to limit his visitation with his father and would rather stay with his biological mother and step-father on weekends. I believe this would help `Caroler feel safer and more relaxed. If 1 can he of anymore help please :feel free to phone me at 717-262-2183. Sincerely, Sarah Taby M.S. Outpatient Clinician McimenlLim services, LLC: Ph: 717-262-2183 Fax: 7(7-262-2486 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. J'J ty , t 4 TONYA I THORNTON-KARPER Date: JaM IA ?JO? ;el 9, TONYA L. (ALLEMAN) THORNTON-KARPER,: IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :2000-1458 CIVIL TERM CHRISTOPHER J. ALLEMAN, Respondent : IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 By: Dated: January 30, 2008 IRWIN & McKNIGHT Marcus lomfret McKnig III,' sq. 60 West Stree Carlisle, PA 17013 717-249-2353 Supreme Court I.D. # 70216 Attorney for the Petitioner 4 { ar JAN 31 2008 TONYA L. (ALLEMAN) THORNTON-KARPER,: IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER J. ALLEMAN, Respondent AND NOW, this ay of pon consideration of the attached Petition for Special Relief, a hearing is scheduled for the ?"day of , 2008 at/W"„?' in Courtroom Number 11"e Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. cc: Marcus A. McKnight, III, Esq. Attorney For Petitioner Bradley L. Gtiffie, Esq. Attorney for Respondent D? C'o CIVIL ACTION - LAW :2000-1458 CIVIL TERM IN CUSTODY ORDER.- OF COURT ? 1 YP U/1'1rtSNNi d 91 :1 I WV I- 933 80OZ AdViQNOHiO8d 3H1 ?O 3O4C--CMId TONYA L. THORNTON-KARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW CHRISTOPHER J. ALLEMAN, NO. 2000-1458 CIVIL TERM Defendant : IN CUSTODY ANSWER AND COUNTER-PETITION TO MODIFY CUSTODY AND NOW, comes Respondent and Counter-Petitioner, Christopher J. Alleman, by and through his counsel of record, Bradley L. Griffie, Esquire and the Law Firm of Griffie & Associates, and files the following Answer and Counter-Petition to Modify Custody. 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is denied that the child's name is Tanner Thornton in that the child's name is Tanner Alleman. The remaining provisions of paragraph 3 are admitted. 4. Admitted. 5. Denied. It is denied that the child has been physically abused by Respondent. It is denied that the report provided by Sarah Taby at Momentum Services, LLC is appropriate to be reviewed by the Court or to be used as an Exhibit to a Court pleading or as evidence in a proceeding in that it provides confidential information from her counseling with the child, without an authorization to release such information. The "report" includes information secured in counseling with the child which counseling was not authorized by Respondent, who has shared legal custody of the child. The "report" includes false and groundless allegations and statements made by this young child, which were prompted by Petitioner. The "report" was made without input from Respondent. 6. Admitted in part and denied in part. It is admitted that Petitioner seeks modification of custody. It is denied that granting Petitioner sole physical custody of the child is in the child's best interest. It is denied that the child has depression and it is denied that Respondent has issues of anger, which he needs to addressed. 7. Denied. WHEREFORE, Petitioner requests your Honorable Court to dismiss Petitioner's Petition to Modify Custody. COUNTER-PETITION TO MODIFY CUSTODY 8. Counter-Petitioner's answers to Counter-Respondent's Petition to Modify Custody numbers 1 through 7 are incorporated herein by reference as if set forth in their full text. 9. The child (hereinafter "Tanner") has continued to reside in the jurisdiction in the Court of Common Pleas of Cumberland County since the entry of the prior Order dated January 23, 2003 and, therefore, the Court of Common Pleas of Cumberland County continues to have jurisdiction over the issue of Tanner's custody. 10. Since the entry of the prior Order in this matter, but more consistently and with greater emphasis in the last five (5) months, Counter-Respondent (hereinafter "Mother") has engaged in a course of conduct to alienate Tanner from Counter- Petitioner (hereinafter "Father") and to create tremendous separation anxiety in Tanner during custody exchanges. 11. While Tanner is in the physical custody of Mother, Tanner has been abused by his step-brother (hereinafter "Maddix"), the child of Mother and her current husband, in that Tanner has been bitten on the arm and back and other areas of the body on numerous occasions, at times breaking the skin and leaving marks that are visible for a number of days. 12. Due to the stressful situation created by Maddix, Mother has voiced to Father that she cannot take the stress of her home, she cannot take the stress created by Tanner and that she wished for Father to take Tanner from her home, which Father has done on more than one occasion. 13. It is believed that Mother has recently sought counseling and medical treatment and that she is on medication to assist her in her depression, stress and anxiety. 14. The stress within Mother's home has had an adverse impact upon Tanner and has caused tremendous conflict within Mother's home. 15. While Tanner is in Father's care, Tanner is well behaved, happy, peaceful, calm and routinely wishes to spend additional periods of time with Father. 16. In recent months after Father approached Mother with a request to modify the support that he is paying to Mother, Mother initiated a course of conduct in which she has attempted to alienate Tanner from Father. 17. Tanner's relationship with Father has grown and become closer, and as Tanner has requested additional periods of time of custody with Father, Mother has initiated a course of conduct wherein she has downgraded Father to Tanner, attempted to create fear of Father in Tanner, attempted to create false impressions in Tanner as to how Father will care for him, and otherwise create an adverse relationship between Tanner and Father. 18. Mother has sought medical treatment for Tanner without the consent or knowledge of Counter-Petitioner and apparently has even secured prescription medication, including Prozac, for this eight-year-old child without Father's knowledge or consent, despite the fact Father has repeatedly reminded Mother that the parties have shared legal custody of Tanner and Father wishes to be part of all medical treatment of Tanner. 19. Mother initiated counseling for her family, principally due to the problems created by Maddix, which included Tanner as a participant in the counseling. 20. Without Father's knowledge, Mother initiated and pursued counseling for Tanner relative to issues that Mother wished to raise with the counselor. 21. Mother initiated such counseling without Father's knowledge in an effort to convince Mother's selected counselor of an adverse or improper relationship between Father and Tanner. 22. Mother was able to convince Tanner to make statements to the counselor, who never secured the Father's consent to pursue counseling with Tanner, and who never discussed any allegations with Father prior to making "findings" such that the counselor was given the impression that there was an adverse relationship between Father and Tanner. 23. The actions of Mother in this matter have been to Tanner's detriment, creating unnecessary stress, fear and anxiety in Tanner. 24. Mother's actions in not providing a safe and proper home for Tanner has created anxiety and stress for Tanner, which is seen primarily in Mother's home. 25. It is in the best interest and permanent welfare of Tanner to provide Father with primary physical custody of Tanner and to engage the services of an impartial counselor for purposes of determining what contact is appropriate between Tanner and Mother pending Mother securing counseling and medical treatment to address her emotional issues. WHEREFORE, Father requests your Honorable Court to enter an Order providing him with primary physical and legal custody of Tanner. Respectfully submitted, ???Zi fie, Esquire tt eunter-Pe titioner No ver Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ?- A-0 CHRISTOPHER J. ALLEMAN " C ? °° ? _.: . ? -n _ _, Y . ? ? ?? ? ?t ? C { ° ? ry 4 t? ??' .? 1 ?" I . TONYA L. (ALLEMAN) THONRNTON- IN THE COURT OF COMMON PLEAS OF KARPER PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER J. ALLEMAN DEFENDANT 2000-1458 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, February 01, 2008 , 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 Tuesday, March 04, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 tp, nno t 22 0 48 9- 23 4 NZ 'd 3HI AO i s TONYA L. THORNTON-KARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CHRISTOPHER J. ALLEMAN, Defendant CIVIL ACTION - LAW NO. 2000-1458 CIVIL TERM IN CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes Respondent, Christopher J. Alleman, by and through his counsel of record, Bradley L. Griffie, Esquire and the Law Firm of Griffie & Associates, and files the following Answer to the Petition for Special Relief. 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is denied that the name of the parties' child is Tanner Thornton. The name of the parties' child is Tanner Alleman and his date of birth is November 16, 1999. The remaining averments of the paragraph are admitted. 4. Admitted. 5. Denied as stated. It is admitted that a Sarah Taby, apparently, provided a report expressing to the Petitioner confidential information from her counseling sessions with the child, Tanner Alleman. It is averred that the report speaks for itself, but it is specifically denied that the report states that the child was being "physically abused by the Respondent." It is further averred that the report includes conjecture and statements allegedly made by the child which were told to him by Petitioner and that the report was made after consultation with Petitioner but without discussion or consultation with Respondent relative to the claims made therein. 6. [7] Denied. It is denied that the best interest and permanent welfare of the child would require that the Court provide special relief in the form of suspending Respondent's periods of physical custody. It is denied that there is any basis for special relief in this matter. WHEREFORE, Petitioner requests your Honorable Court to dismiss Plaintiff's Petition for Special Relief. Respectfully submitted, 096-ey riffle, Esquire Atto y for Respondent 206 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. A,4"? I a,,&,?- DATE: CHRISTOPHIA J. ALLEMAN N O t cn t.? _. BCD TONYA L. THORNTON-KARPER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER J. ALLEMAN, DEFENDANT : 00-1458 CIVIL TERM ORDER OF COURT AND NOW, this 6+- day of February, 2008, on the within petition for special relief, the parties agreeing to the following interim order of relief pending any further order of court or hearing, IT IS ORDERED that no parent or any representative of parent shall exercise corporal punishment on Tanner Alleman, born November 16, 1999. By theme u Edgar B. Bayley,-J. -Marcus McKnight, III, Esquire For Plaintiff -Bradley L. Griffie, Esquire For Defendant 045PI.Es M*aLLCCL- a/y?of3 :sal cdr `-- CL- > r-, Z:E IQ- O _ V TONYA L. THORNTON-KARPER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER J. ALLEMAN, DEFENDANT 00-1458 CIVIL TERM ORDER OF COURT AND NOW, this t k?- day of February, 2008, upon agreement of counsel the hearing scheduled for this date is continued generally to the call of either party. By the Edgar B. Bayley, J. ? Marcus McKnight, III, Esquire For Plaintiff Oe5p I I" VK? t U ?Bradley L. Griffie, Esquire For Defendant sal `?? -,f µ sC- ? c?* d CI TONYA L. THORNTON-KARPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2000-1458 CIVIL ACTION LAW CHRISTOPHER J. ALLEMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 08, 2008 , 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 Tuesday, March 04, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. /LA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Q 1 :li [Ad 8- 833 801 K')E?41 03?1lj TONYA L. THORNTON-KARPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER J. ALLEMAN Defendant NO. 2000 - 1458 CIVIL TERM IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE/WITHDRAWAL TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire, as Attorney of record for Tonya L. Thornton-Karper, Plaintiff in the above-captioned matter. Date: a)10-) 1 /O g- espectfully Submitte 0 e Adams, Esquire 6 S. Pitt St. arlisle, Pa. 17013 (717) 245-8508 Please withdraw the appearance of Marcus A. McKnight, III, Esquire, as Attorney of record for Tonya L. Thornton-Karper, Plaintiff in the above-captioned matter. Respect & Subm Date: few ?1 % W0g Marcus . McKni 60 Wes Pomfr Carlisle, 7013 , irksquire ra n cz? .1 TONYA L. THORNTON-KARPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER J. ALLEMAN Defendant NO. 2000 - 1458 CIVIL TERM IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S COUNTER-PETITION TO MODIFY CUSTODY. 8. Admitted. 9. It is admitted that the child has continued to reside in the jurisdiction and that Cumberland County has jurisdiction. 10. It is denied that Mother has engaged in a course of conduct to alienate Tanner from Father or create separation anxiety in Tanner during custody exchanges. 11. It is denied that while in the custody of Mother, the child is "abused" by his half-brother Maddux, who is the child of Mother and her current husband. Maddux is autistic, and has been known to react physically in certain stressful situations, but it is denied that Maddux abuses Tanner. 12. It is denied that Mother ever told Father that she cannot take care of the stress of her home. However, in one instance, when Tanner was out of control after a visit with Father, Mother did call Father and ask for his assistance and support regarding Tanner's behavior. 13. It is denied that Mother sought counseling. It is admitted that Mother sought medical treatment for depression, stress, and anxiety, due to the stress of caring for her autistic son, as well as other things, such as the current custody proceedings. She is currently taking medication for stress as prescribed by her doctor. 14. It is denied that stress within Mother's home has a direct impact upon Tanner. However, Mother is extremely concerned about the stress which prolonged custody proceedings will cause to Tanner. 15. Mother has no direct knowledge as to how Tanner behaves while in Father's care. 16. Denied. During Father's request to modify support, Father engaged in an extremely aggressive course of conduct inside Mother's home which was witnessed by both Tanner and Maddux. Mother strongly denies that she has attempted to alienate Tanner from Father. 17. Mother strongly denies that she has ever downgraded Father to Tanner, attempted to create fear, attempted to create false impressions, or otherwise create an adverse relationship between Tanner and Father. Mother has agreed to additional periods of partial custody for Father. 18. It is admitted that Mother has sought a medical evaluation from the family doctor for Tanner after she noticed falling grades, weight gain, and poor behavior. The doctor recommended medication. 19. Admitted in part, denied in part. Mother has never initiated family counseling. Mother initiated counseling for Maddux and Tanner, to address issues relating to Maddux, who is autistic. Mother included Tanner upon the recommendation of the counselor in an effort to help him with issues which she thought related to his half-brother. 20. It is denied that Mother initiated and pursued counseling for Tanner for the purpose of "raising issues" with the counselor. Mother pursued counseling to help Tanner with issues she thought related to Maddux. The counselor later revealed to Mother that Tanner's problems were being caused by Father. 21. It is denied that Mother initiated such counseling without Father's knowledge in an effort to convince the counselor of an adverse or improper relationship between Father and Tanner. Any such relationship problems were discovered and revealed by the counselor four weeks later, not Mother. 22. Denied. Mother never even attempted to convince Tanner to make statements to the counselor. It is unknown what the counselor discussed with Father, but it is admitted that the counselor did make a referral to Children and Youth Services because Tanner reported that Father hit him and bruises resulted. The counselor is a mandated reporter, and Mother was not the source of this allegation. 23. Denied. Mother has been attempting to get Tanner medical treatment and counseling, in order to help him deal with the stress of the situation. Father has been attempting to thwart all efforts for counseling, and his uncooperation is causing additional fear and stress for Tanner. u 24. Denied. Mother's home is safe, and Mother is acting in the child's best interest because she has sought help to deal with the problems at hand rather than to engage in prolonged custody litigation which will cause further stress to the child. 25. Denied. Tanner has a good relationship with his current counselor and he would like to continue seeing her because she helped him address his issues in a productive way. Respectfully Submitted: Date: 3/3, WA4,-,- JAe Adams, Esquire ta W. South St. rlisle, Pa. 17013 (717) 245-8508 Attorney for Mother ?_ -7'? C.? c ?-?-; ? r ? .f ?* xy .. i', `a ,. ,?;.' ma 07 zee ?r' TONYA L. THORNTON-KARPER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2000-1458 CIVIL ACTION LAW CHRISTOPHER J. ALLEMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this In day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by a professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. All costs of the evaluation shall be shared equally between the parties. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. Within ten (10) days of the custody conciliation conference, the parties shall select the evaluator and contact the evaluator's office to schedule the initial sessions. 2. The parties shall make arrangements for the Child to engage in a course of counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to address emotional, adjustment and other issues related to the Child and to facilitate a psychological evaluation to review and assess the Child's current treatment and medication. All costs of counseling for the Child which are not covered by insurance shall be shared equally between the parties. Within ten (10) days of the custody conciliation conference, the parties shall select the counselor by agreement and contact the counselor's office to schedule the initial session. a .--ft 3. Within sixty (60) days of receipt of the custody evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. i Edgar B. cc: ?Jane Adams, Esquire - Counsel for Mother ?Bradley L. Griffie, Esquire - Counsel for Father 3?co fd8 ?; ra ID ; CL - :TJ a ° U cr.+ TONYA L. THORNTON-KARPER Plaintiff VS. CHRISTOPHER J. ALLEMAN Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2000-1458 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tanner Thornton November 16, 1999 Mother 2. A custody conciliation conference was held on March 4, 2008, with the following individuals in attendance: the Mother, Tonya L. Thornton-Karper (formerly Alleman), with her counsel, Jane Adams, Esquire, and the Father, Christopher J. Alleman, with his counsel, Bradley L. Griffie, Esquire. 3. The Parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator A, TONYA L. THORNTON-KARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW CHRISTOPHER J. ALLEMAN, NO. 2000-1458 CIVIL TERM Defendant IN CUSTODY PETITION FOR HEARING AND NOW, comes Petitioner, Christopher J. Alleman, by and through his counsel, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates and petitions the Court as follows: 1. Your Petitioner is Christopher J. Alleman, an adult individual currently residing at 136 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Plaintiff, Tonya L. Thornton-Karper, an adult individual currently residing at 403 Scott Drive, Shippensburg, Pennsylvania. 3. The parties are the parents of one child, namely, Tanner Alleman, born November 16, 1999. 4. The instant action was initiate by the filing of a Petition to Modify Custody by the above named Plaintiff, Respondent herein, and the filing of an Answer and Counterclaim to Modify Custody, filed by your Petitioner herein. 5. The parties attended a Conciliation Conference on March 4, 2008, which resulted in the entry of an Order of Court dated March 10, 2008, which is attached herein by reference as Exhibit "A". 6. The parties are otherwise subject to an Order of Court regarding custody of the child dated January 23, 2003, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B". 7. A comprehensive report in this matter was issued by Dr. Arnold T. Shienvold pursuant to instructions set forth in the Court's Order of March 10, 2008. 8. Part of the recommendation from Dr. Shienvold provided Tanner should continue in therapy with Georgi Anderson and both parties should be involved with that therapy. 9. Dr. Shienvold further indicated that any additional therapy, such as therapy or counseling with the Pastor at the church in which Respondent had unilaterally engaged the child, should stop immediately. 10. Upon receipt of Dr. Shienvold's report, Petitioner proposed various minor modifications to the current custodial arrangement that have been refused by Respondent. 11. Respondent has indicated through counsel that she refuses to participate in counseling with Georgi Anderson, despite the recommendation of Dr. Shienvold and the fact that the child engaged in counseling with Ms. Anderson as the mutually selected counselor referenced in the Court Order of March 10, 2008. 12. The child has engaged in counseling with Georgi Anderson, upon agreement of the parties, for many months as set forth in the Court Order of March 10, 2008. 13. Dr. Shienvold's report has various issues which clearly demonstrate a need for the child to be engaged in counseling and therapy. 14. Respondent's position that she is terminating therapy with Georgi Anderson is indicative of her unilateral decisions in this case, her ongoing conduct to alienate the child from Petitioner, and the need for the Court's continued intervention. 15. The parties are unable to resolve the issues surrounding their competing Petitions for Modification of Custody despite receipt of Dr. Shienvold's report and recommendations. 16. The Honorable M. L. Ebert, Jr. is the prior Judge in this case. WHEREFORE, Petitioner requests your Honorable Court to schedule a custody hearing in this matter and order that Respondent comply with the Court Ordered obligation to maintain counseling for the child pending further hearing in this case. Respectfully submitted, Bra e, Esquire rney for Petitioner 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: Christop J. Alleman TONYA L. THORNTON-KARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTOPHER J. ALLEMAN, NO. 2000-1458 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE 1W I, Bradley L. Griffie, Esquire hereby certify that I did, the Q_ day of January, 2009, cause a copy of the within Petition for Hearing to be served upon the Plaintiff/Respondent, Tonya L. Thornton-Karper, by serving her attorney of record by first class mail, postage prepaid, at the following address: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 DATE: I .210? r `. Gri ,Esquire Attorney for Defendant/Petitioner 11AR 0720d TONYA L. THORNTON-KARPER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2000-1458 CIVIL ACTION LAW CHRISTOPHER J. ALLEMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ f- day of f 2z&jL, , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by a professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. All costs of the evaluation shall be shared equally between the parties. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. Within ten (10) days of the custody conciliation conference, the parties shall select the evaluator and contact the evaluator's office to schedule the initial sessions. 2. The parties shall make arrangements for the Child to engage in a course of counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to address emotional, adjustment and other issues related to the Child and to facilitate a psychological evaluation to review and assess the Child's current treatment and medication. All costs of counseling for the Child which are not covered by insurance shall be shared equally between the parties. Within ten (10) days of the custody conciliation conference, the parties shall select the counselor by agreement and contact the counselor's office to schedule the initial session. Exhibit "A" 3. Within sixty (60) days of receipt of the custody evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. BY THE COURT, J,I i 0,4,6?"-A 1 d ar B. 2fey J cc: Jane Adams, Esquire - Counsel for Mother Bradley L. Griffie, Esquire - Counsel for Father 3 Ea v. i 6 [+ A ni -Ad ,,Cj tile TONYA L. THORNTON-KARPER Plaintiff VS. CHRISTOPHER J. ALLEMAN Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2000-1458 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tanner Thornton November 16, 1999 Mother 2. A custody conciliation conference was held on March 4, 2008, with the following individuals in attendance: the Mother, Tonya L. Thornton-Karper (formerly Alleman), with her counsel, Jane Adams, Esquire, and the Father, Christopher J. Alleman, with his counsel, Bradley L. Griffie, Esquire. 3. The Parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator MA's-23-2D08?fRIl 1D. )d ynP> > sp TWgyA 1.. (MJAMA39) = • IN THE COURT OF COMMON FLEAS OF C gI„ AM CC)uM, PMCWLVANIA CIVII. ,&c77ON •- LAW 2000-14se cWM TERM CARWTOPRM L ALLEMAN, IN CUSTODY ORDER OF AND NOW, this .?:, day of , 200F, Fn's.tation and oonsidcmdon of the attached CWWdy Stipulation and Agm=ent, it is hereby Ordered and Diredad day it be antered as an order of Court Bradley L. Griffie,1FRwc Aftomey for Dakadmd Man= A. McKni$U M Esquim AuDmey for Pwrl iff Eyd i bit "B" P_ 004/0 13 MRS!-23-2008(FRI) 10:14 TOMYAt.. tuIMM,M reoINM- ,= Ili THE cOU T OF COMMON PLEAS OF CUMMM AND COUNTY, PENNSYLVANIA C m ACTION - LAW 2owl4a CV%TERM CR UMPRER I ALLEMAX, Rerpo>o"t IN CUSTODY KEE EE LION AND NOW. this t'ip` day of ..?t? 204 ft P?M TONYA L. (ALLFMAN) THOS Ti'ON4ARIPER amd CMDLSTOPHM I ALLIMAN h=by enter into the following Custody Stipulation and Agmenmmt rcgw&mg their minor sue, TANNER THORNTON: 1. The Petitioner is Tonya I.. (Aliemon) Thomtou.Yj w, an adult individual residing at 2439 Iandssp Lot Road, Sblgpeas w& F=M m County, Pemosyhwn 17357. 2. The Respwulaat is chdoopher j. A11=an, an adult individual ruing in 7 Fox Hollow Road, Carlisle, Peomsylvana 17013. 3. The parties arc the namal parents of one minor cbild, namely, Tanner Thornton, boa November 16, IM, who is &= (3) ya r$ of agc. 4. The parties agree to have shared Iego1 custody of the Child. 2 P. 005M I 3 M8y-23-2I108(FRil ill; 15 5. The Potifiioner shall have prymwy physlad custody of the Child 5. Y of the Gold ovary other weckmd =xW The Respondent will have terzeporM pbysioai If. from 5:00 pna. on Friday Until Sunday egg at 5:00 p.m. 7. The Respondea win have temporary physical custody of the Mild every otlr Tuesday from 5:00 pm to W'sdnesday morning at 6:00 amr. This pcdW of temporary physical custody will take place following the weekend that Petitioner has custody of the: Child. Every other week following ResrpondaWs weekend of custody, the Respondent will have tavpmrY physical custody other Child from Wednesday at 5:40 p.m. to Th+uadaymon»ttg at 6:00 am. B. The Petitions will take die Child as an income tax exemption on the odd-u m4bewd Yam and the Reipandent wlll take the Child as an income tax exxeraption on the cvm-numbwed years. Fair party will execute any documents requirad tD permit the ON as a tax dependent an tlm respective tax reduces as set forth in this AMmement. If Father initiate proeoedinp to modify the phyWc al custody s hedule as act forth herein prior to she Child bc&ning Srst (I st) grade:, Father shell cumpassate Mother in an amount equal to any portion of ads bmw tax refunds that he has been able to scam up to that time thrnagb claiming the Child as a tax dependent on Iris taxes as described about. MR9-23-20IIStfRI) 10:15 9. Tbo parties will share or alteanate having custody of the Child an holidays as follows: A. Clsria?s: The Clnismaas holiday will be divided into Segment A, wbith will run from Christmas Eve at 12:00 noon ftoup Christmas Day at 12:00 noon, and Segment B, which will twh from Christmas 'flay at 12:00 noon throng Decamb'r 26, at 12:410 aeon. The Mother will have camody of the Child daft ScMwW A m evay year and the Farber will have amody of the Child d=g Segmmtt B in every year. Additimal time wr'il be allowed for Respondent if both panties apm P006/013 B. Tom; In even nmabarecl ynrs, the Mother vM have atstodY of the Child on Th vittg Day, he am numbered years, the Father will bave custody of the gild the wedacaday bcforc Thanb*YinS Day from 5:00 p.m. until 5:00 p.m, on T$ankfgiwing Day. Additional time will be allowed for Respoodm if . both parties agree. C. Easter. The period Of CWtOdy over the Easter holiday will rem from the Satorday before Easter at 6:00 p m. through Easter Sunday at 5:00 p.m The Mother will have cuawdy of the Child over the Easter holiday in odd ntmybetnd ymn and the Father will have eugtody of the Child over the Easter holiday in evert mm* cred years. Additional time will be allowed for Respondent if both parties agree. D. Memorial De!?4Abor Dar: The Memorial Day and Labor Day holiday periods of custody win rwt fmm the Friday blow the holiday at 5:4'14 p= d rood 5.:00 p.m. on the day of 4e holiday. The Mother will have custody of dte Child ova the Memorial Day holiday m even mabeued years and over the Labor Day -holiday m aid numbered years. The Father will have custody of the tad over the M=odW Day holiday In add mnbe yams and over the Labor Day holiday in :evert numbered years. E Mother's Davl6'g r'?i Dom;: lbu Motbw win bave custody of the ChM every year an MoffiWs Day from 5:00 am. usail 6:00 pm and the Father wilt. have custody of the Clriid every year an Father's Day from 8:00 am, -until 6:00 pan. F. hmJm endcncc Derv: The Mother will have cosbdy of the Child on hly 46 on odd munbered yews, and the Father will have carstody of the Gland on even numbered years. The: parent who gets the holiday that year, if it falls on a i weekend, will get the whole wedmd to iarlude the 4th at 5:00 p %L i CL The holiday custody schodele-mll supeasede and take precedence over flu regular 's astody schaduk:. 4 ;c . MAY-23-t8fl8(FRl) 1D,15 H. In the event the FaO'ar hotidaypuiod of cwtody false immuhtaly pretaodmg or following his regular ponocl of cndndy, the holidaylm6UIW Pend of cnstody will run cundruromly without Waxrazp> UL 10. Fm& party anB be entitled to have cm* of the Child Ivory Year far two (2) noo- comecutive weaeks open pmvi ft at lass thirty (30) days advance notice to the odw partly. The party pr mdmg w ace *9 ofhie other sdection ofvamtm dates under this pmvmm wIl be entitled to prcfemxe on his or her 9e1cadon. 11. Unless othe mse agreed between the paaties, the party relmgaris mg custody of the aid will be responsible to provide transportation for the exchange of custody. 12. Unles otherwise agreed between the parties, the place for exchange of sazstody will be at the rcVec&c parties' residsa= Tlrc parties will ensure that no third pmties are involved in the cuim rge of custody unless othmvise agreed betwan the patrtim 13. The Father will be parmcnt for all of big periods of custody with the CO. 14. Neither ]tarty will do or say auytift which may estrange the Child froze fin other parent, injure the opinion of the Child as to the other parent, or hamgw the A= and natural devaslopment of the Mid's love and sespeet for dw other- parent Both parties w71 easm that third parties having comsat with the Child c ovoy with this provision. P. 007/013 3 MRy-23-PDDBifRI) 1D. 15 P. D©M13 15. Tfu pattia may n =vabuft cwody and tax issues agar do tad has bvis fast ,grade. 16. The patties will keep mch other advised munedistdy im The eveatt of sotiws tidiness err medical emergency coummg ttte Mid, and will take any nooessary AMS to M= that the health add well-being of the CMd are protested. Daring such illness or medial goy, both parties will have the riSM to visit dte child as often as he or she desires consistent with the proper medical care of the child. 17. The parties may make such alternate arreoganwats =gardimg the pbyded custody of the C1uld so long as they may rtuttually agree. The patties anticipate ra8uiarly varying from ffie tams of this Stipulation in older to accommodate the schedules of cad other and the Child. However, if the patties wrmot new a mutual agreemcu4 the imas of this Stiputation and Ordw will control 18. Any modification or waiver of any other provisions of this Apeement shall be effective onty if made in writing and ably if swaged with she snide f mmubty as this Stipulation and A 6 • _ - - Mfl'1-23-2008iFR1) 30:ib P.Dfl9ID1 19. 3U parties desim that this Stipulation and Agrcoment be mode an Order of the Court of the Court of Common Pleas of Cumberland County, and furthar admowledge that the Court of Common Pleas of Cumberland County dons, in fact, have imiadictian over the issue of =S* of the parties' minor mild who has resided in cwnbacland Comely for move than six months and shall retain such jurisdiction should circumstances change and =I= party desires or roquins modification of Wd Order. 2D. 714 parties admwlcdgc that they have read and undetsMd the provisions of this AgmGtucut. Each party 84mowiedges chit the Agmenjug is fair avid equitable and that it is not the result of duress or undue influence. 21, Each party has had an opportunity to consult hAspandent legal counsol of his or her own salecdon. Each party ra pWo the term of tins Agrearseot as fair and cqubable. and eaeiv has stpod it fvndy alyd v01008cily VIMOUt TWM upon any rqMM*dM other than boa dequady set forth herein. 7 P. 010/013 *A9-Z3-2Q08(FRI) 10:16 IN VnTNM grM.Et)F, the pica hereto mending to be legally bD=d by the toms sat forth. above, enter thor hands and sadr, the date fir t set forth above. WITNESSETH: 8 ?r?1A?r LsJ )_? ?tsl MRS-23-20DWRI) 10:16 P. 011/013 , CHRT M= J. AW, W.- : 219 TEE C0f1R'P C P COt+l7CiN FLW cr Plaifttiff COMOtLAM Ct7[>t+Pl'Y, P IMVAM VS. ND. OD-1458 CIM TM TOM L. ALLEMANo {'IM 11CTIM - LA19 Defefdant IN CM"= 0q (IF f>l' = JW, this V4 clay of nad- , 2000, upon consideration of the aitaNa-Custody ci to or! Report, it is Ordered and directed as followa: 1. The prior ceder of this court dated September 20, 2000, is vacated and replaced with this Order. 2. The Father, Ouistopher J. Apeman, and the Mother, Tbnya L. Allamen, shall have shafted legal custody of Tannar R. lho=t0n, b= November 16, 1999. Each fit: shall to" an egtW right, to be exerci-ied jointly with the other parent, to faalae all major :roc&QMSI:SWfcy dSM81=0 affecting the Childla general «eI3-3aeityg inciudi:9j, but riot limited to, all decisions regarding his headth, education and religion. 3. Tlae- ftther shall have Primarl? P lyaiC:al = tcdY of the Chi34. 4. the Father stall have partial physical Custody of the Child in accordance with the following a fle: A. Until Janna=y 12. 2Q03, the FathW shall have oastCdy? of the Child every Sf3hacday from 8:00 a.m. Lv*11 4:00 p.m. (with the e:caption of Dscaefbor 16, 2000; cn uhich the peded of custody eha21 ruff from 3,0:DO a.m. until 6.00 every Tueadsy from S:OD pm. until 9:00 p.m. S. eegalmirg lcrI ft, Jammy 32, 2001, the Futter shell have Custody of the Mild an alternating weekends ftnm Friday at 5:30 Pm. through Saturft at 5:30 p.m. C:. B"iM4JI9 Pritlay, February 23, 2001, the Father Shall have costody, of the W3cl on alternating veehends frm Friday at 5:30 p.fa. ttft=* Sfsfday at 5:30 p.m. D. Beginning January 12, 2001 and continuing on an CWing his thereafter, the ftther shall also have =atody of the Child every Tueefiey from 5:00 p.m. until 9:00 p.m. and on the Thursdays before the Mother's w *end periods of cstody, from after day care until 6:30 p.m, S. She parties shall share or alternate having custody of the Child MRS-23-200H{FRI) 10;16 P. 0121013 an holidays as follows: A. CWX9nIIW- 'The ChristM" holiday shall be divided into r9mi A, wL• u:h shall run from Christmas Swe at 12:00 noon through Christmas Day at IWO norm, and Segmt 8, which shall tun ft m Christmas Day at 122:00 noon through Decuber 26 at 12:00 noon. the Mcsther shall have custody of the Child during segment A in every year and the Father shall have custody of the Child during Segment: $ in every year. Notvithst4n&U q the foregoing, the extoup of custody on December 26, 2000 shall take place at the Child's pediat.rIOiaa's offfi00 in 8erahey, Peoloylvania at 12:30 p.m., rather than 12:00 .croon. 8. mMRgMW: In add numbered ram, the mother shall ham qt y of ' the Child an 2hanksgiving Day from 8:00 a.m. until 1:00 p.m, and the Eather shall have =tody from 1:00 P.M. m*M 7.-OD p.m. In ewer numbeced years,, the Father shall have custody of the Chilli an Thanksgiving my ftaa 8:00 a.m. until 1:00 p.m., and the Mother shall have c wtody from 1:00 pm. until 7:00 p.m. C. SASi'lSR: The period of cwbx* aver the Bas;tW holiday shall IF frame the Saturday begone EaeYter at 6:00 p.m. throes Easter &mc-ey at 6:00 p.m. The Father shall have e:uatedy of the Child over the Easter holiday in odd numbered years; and the mother shall have custody of the Child ova the Rotor holiday in even rAutered Yeats. D. lIlfqMtX&L D W The trial. Day and Labor Day holsda?y periods of custody shall sun from the Friday before the holiday at 5:30 p.m. through 6:00 p.m. cn the day of the holiday. The Mother shall have custody of the Child aver the manorial flay holi6ay in aft numbered years and over the Labor Day holiday its even numbered years. The rather shall have custody of the Child over the MOSIOrial Day holiday in GVW numbered years aril over the Labor My holiday irr ode nudnred years. 8. tvS DA1G?0W'S fot?r: The Mother shall have custody qof the Chi .evetiy year on nother's ]My from 8:00 a.m6 until 6:00 p.m, and the rather shall have custody of the Chilli every yew on Father's Day carom 8:00 a.nt. until 6:00 p.m. F. UAX: The patty who has custody of the Child an Judy un er the regular custody schedule shall have custody of the Child on the holiday. Hownw, the parties shall adjust the custody scheau3o as necamax * to erasure that ,the Znr]ependetxs? Father may taloe the Child to the fireworks for Day in alternating years. G. The holiday cutody achedule shalt supersede and take precedence over the regular cutft* s&jedula. MRS-23-2008(FRi) 10:17 P. 013/013 H. xn the event the . ftt her's holiday period of caetfldY falls im.&&tely preceding or follavi" his reguxar period of custody, the holi,dayltcagular 90"U5 of a>atodY sha]1 run fly with intmm* `cn. 6. fads party "]1 be entitled to have t wgmdy of the Child every year during, the summer school break far 2 rorr? xumcutsve weeke upon pcovidim at beast 90 days advance notice to the other party. The party prodding notice first of his tar tier selection of vacation dates under due pccr4ri*Un shall be entitled to Mfue>c+enea on tare or her solaction. 7. We= ot?mwAse agreed between the partilsa the PartY t?elinc aita>ttin9 mptody of the adid shell be req= ible to pccvi& t:ransportatiCn far the exdtmW of custody. S. Unlsma otherwise agree betvaen the pstles the PIWO for exchange of custody alau be at the mpeckive parties' residences.' The parties shall ensure that m third partial are inmIved In the exctanp of custtada? tnle:aa otherwise agreed between the parties. 9. tthe rather stall be prement for all of his periods of mat, odd with the Chl2d. ?A. In the event the Father respotuls to -a call to sQrvm as a volunteer firefighter during his periods of tuetody, the father sh811 ccntact: the - Mother to offer her the apwttunity to provide care for the Child awing his abmm. li. Neither party ahell do or say anything which may estrange the Child from the other parent, injure the cpinim of the C h3JA as to the other parents or hewer the free and natural developiaent of the Child's low and respect for the other parent. Bath patties shall ensure that third pairtum having contact with the Child comply with this Xmision. 12. This Oc6w is entered put:sum t to an agt+lam* of the parties at a ht-?_swtod ?y.,?Ci` o =li kt y im *mfergr4e. in Ththe abommot e parties my no" Movisum of of thin order shall control. BY Pagar H. Hey? r J. CO.' Bradley L. Griffle, RaquLre - Counae3 far Father to =39 A. McKnight, III. Baguir+e - flotaasel fac R?3 t . ,? ? ? ? ?,? .,? ?_?., ? #_ - ? ? C Z ? m.- ? C?.) -G , TONYA L. THORNTON-KARPER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER J. ALLEMAN, DEFENDANT 00-1458 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2009, the within petition for an immediate hearing before the court, IS DENIED. The case is referred back to conciliation pursuant to the court order entered on March 10, 2008. By Edgar S. Bayley, J. ,,Jg'n'-e Adams, Esquire For Plaintiff ,,,?fadley L. Griffie, Esquire For Defendant 1 Court Administrator :sal Al, 6Z :9 114V ZZ NVr 60OZ TONYA L. THORNTON-KARPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER J. ALLEMAN DEFENDANT 2000-1458 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 27, 2009 , 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 Wednesday, February, 25, 2009 at 9:00 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I- r- S1 :Z £- w 6~, 111,161, jo MAR 10 20090 TONYA L. THORNTON-KARPER Plaintiff vs. CHRISTOPHER J. ALLEMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2000-1458 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _ day of V a4z, , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Court Room No. of h?j Cumberland County Court House on the ? day of 2009, at ji'cl?i 't me testimony will be taken. For purposes of the hearing, e Father, Christopher J. Vleman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. cc: ,j ne Adams, Esquire - Counsel for Mother /Bradley L. Griffie, Esquire - Counsel for Father N, N r_ C3 ' co L i i- 1 : CL _7 i ? Q rn o N C) TONYA L. THORNTON-KARPER Plaintiff vs. CHRISTOPHER J. ALLEMAN Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2000-1458 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tanner Alleman November 16, 1999 Mother 2. A custody conciliation conference was held on February 25, 2009, with the following individuals in attendance: the Mother, Tonya L. Thornton-Karper, with her counsel, Jane Adams, Esquire, and the Father, Christopher J. Alleman, with his counsel, Bradley L. Griffie, Esquire. 3. The Father filed this Petition for Hearing following completion of a custody evaluation by Dr. Arnold Shienvold. The matter was referred back to conciliation by the Court to enable the parties to attempt to resolve the custodial dispute with the added information provided by the evaluator's •ecommendations. At the conference, counsel requested that a hearing be scheduled. No agreement vas reached through conciliation. 4. The Father's position on custody is as follows: The Father seeks primary physical custody the Child and also believes that the Child should continue in counseling with Georgi Anderson with tom counseling had been initiated in the Spring of 2008. The Father believes that the Mother is -nating the Child's affections from him and that it would be in the Child's best interest to reside narily with the Father. The Father noticed improvement in the Child after he began counseling i Georgi Anderson and objected to the Mother discontinuing the counseling without his consent. ough the Father acknowledges that he has a difficult work schedule in terms of availability for the Child, the Father believes that he can make arrangements which would ensure proper care for the Child and overcome that obstacle. 5. The Mother's position on custody is as follows: The Mother strongly objects to continuing counseling for the Child with Georgi Anderson as the Mother does not believe that the counselor respects her family's religious beliefs. The Mother does not believe the counselor has been able to establish a real connection with the Child. The Mother expressed concern that the Father does not utilize the time that he has with the Child. The Mother requests that the evaluator's recommendations with regard to the custody schedule be adopted. 6. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter. It is anticipated that the hearing will require up to one full day as one or both of the parties expressed an intention to present the expert testimony of the custody evaluator. MaA c? d mod j Date Dawn S. Sunday, Esquire Custody Conciliator TONYA L. THORNTON-KARPER Plaintiff VS. CHRISTOPHER J. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 1458 CIVIL TERM IN CUSTODY RULE TO SHOW CAUSE AND NOW, this day of , 2009, upon consideration of the within Petition, a Rule to Show cause is issued upon the Plaintiff, Tonya L. Thornton-Karper, as to why Jane Adams, Esquire, should not be granted leave to withdraw as her legal counsel. Rule Returnable 5 days after issuance. BY THE COURT: Judge cc: Tonya Thornton-Karper Jane Adams, Esquire TONYA L. THORNTON-KARPER Plaintiff VS. CHRISTOPHER J. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 1458 CIVIL TERM IN CUSTODY PETITION TO WITHDRAW AS LEGAL COUNSEL AND NOW COMES the Petitioner, Jane Adams, Esquire, and files the above- referenced Petition and represents that: 1. Petitioner is Jane Adams, Esquire, (hereinafter referred to as "Counsel"), an Attorney duly authorized to practice law in the Commonwealth of Pennsylvania, having a principal place of business located at 17 W. South St., Carlisle, Pa. 17013 2. Petitioner is currently attorney of record for Tonya L. Thornton-Karper, Plaintiff in the above-captioned matter. 3. A hearing regarding custody is currently scheduled in this matter for May 4, 2009 before this Honorable Court. 4. Defendant is currently represented by Brad Griffie, Esquire. 5. Plaintiff and Counsel have executed two written fee agreements, dated February 15, 2008 and April 6, 2009, respectively. 6. The April 6, 2009 fee agreement described and outlined fees to be charged in association with the hearing scheduled for May 4, 2009. Such fee agreement was signed and returned by Plaintiff. 7. Since Counsel has undertaken the representation of Defendant, the following events have occurred which make it impossible for her to continue in this legal representation: (a) Plaintiff has made no payments, as provided in the April 6, 2009 fee agreement. (b) Although Counsel has attempted to discuss various payment options with Plaintiff, Plaintiff indicated on or about April 20, 2009 that she did not have the money, would not incur additional debt for attorneys fees, and would not be forwarding any payment pursuant to the April 6, 2009 fee agreement. (c) Counsel anticipates considerable expenditure of time in preparation and participation in the May 4, 2009 hearing. Such time would include preparation of a pre-trial memorandum, preparation and review of witness testimony, preparation of exhibits, and attendance at the hearing. Such time is estimated to total at least 8 - 10 hours. (d) On or about April 21, 2009, Counsel did communicate to Plaintiff that she intended to file a Motion to Withdraw her appearance on this matter due to non- compliance with the fee agreement. Plaintiff indicated she understood and did not indicate she would oppose such a request. 6. Defendant's counsel was contacted regarding her position on Counsel's request with withdraw on April 21, 2009. Defendant's counsel indicated he would not oppose such a request. 7. This matter is assigned to Judge Bayley. WHEREFORE, Jane Adams, Esquire requests permission to withdraw her appearance from the above-captioned matter. Respectfully Submitted, Date: ad? J 1. .79465 ffarsle, dams, Esquire South St. Pa. 17013 45-8508 ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE AND NOW, this April 21, 2009, I, Jane Adams, Attorney for Tonya Thornton- Karper, hereby certify that a copy of this PETITION is being forwarded contemporaneously with this mailing to the following parties, by placing such in first- class mail, addressed to: Brad Griffie, Esquire 200 N. Hanover St. Carlisle, Pa. 17013 DEFENDANT'S ATTORNEY Tonya Thornton-Karper 403 Scott Drive Shippensburg, Pa. 17257 PLAINTIFF e Adam`, Esquire I. No. 79465 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF Y f." r. ?? APR 2 2 2009P TONYA L. THORNTON-KARPER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW CHRISTOPHER J. ALLEMAN, : NO. 2000 - 1458 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ?Q day of 4#Vl - , 2009, upon consideration of the within Petition, Attorney Jane Adams, Counsel for Plaintiff, shall be permitted to withdraw her Appearance on behalf of Plaintiff cc: nya hornton-Karpei ane Adams, Esquire 1 ? i? %' ...i . l.;r /`; ??? ?" ? ? .l i ?".1 ..? 4t,; 6?± ?=- ?- ?u v- ?; ? TONYA L. THORNTON-KARPER, Plaintiff V. CHRISTOPHER J. ALLEMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 1458 CIVIL TERM IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Jane Adams, Esquire, as Attorney of record for Tonya L. Thornton-Karper, pursuant to the attached Order of Court, entered April 27, 2009. Respectfully Submitted: Date: a 7 b , ga e Adams, Esquire No. 79465 17 West South Street Carlisle, Pa. 17013 (717) 245-8508 TONYA L. THORNTON-KARPER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW CHRISTOPHER J. ALLEMAN, : NO. 2000 - 1458 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of R , 2009, upon consideration of the within Petition, Attorney Jane Adams, Counsel for Plaintiff, shall be permitted to withdraw her Appearance on behalf of Plaintiff, BY THE COURT: .S Judge cc: Tonya L. Thornton-Karper Jane Adams, Esquire CERTIFICATE OF SERVICE AND NOW, this April 29, 2009, I, Jane Adams, Attorney for Tonya Thornton- Karper, hereby certify that a copy of this PRAECIPE TO WITHDRAW has been forwarded contemporaneously with this mailing to the following parties, by placing such in first-class mail, addressed to: Brad Griffie, Esquire 200 N. Hanover St. Carlisle, Pa. 17013 DEFENDANT'S ATTORNEY Tonya Thornton-Karper 403 Scott Drive Shippensburg, Pa. 17257 PLAINTIFF ane Adams, Esquire ZM4?___ I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ;I r 2C 9 APIR 3i r'o;' .W, TONYA L. THORNTON-KARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CHRISTOPHER J. ALLEMAN, Defendant CIVIL ACTION - LAW NO. 2000-1458 CIVIL TERM IN CUSTODY PETITION FOR CONTINUANCE AND NOW comes Petitioner, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner is counsel of record for the above named Defendant, Christopher J. Alleman, the Defendant/Petitioner in the instant matter. 2. A hearing was scheduled in this matter for Monday, May 4, 2009 at 1:30 p.m. in Courtroom Number 2 of the Cumberland County Courthouse pursuant to Order of March 13, 2009, a copy of which is attached hereto and incorporated herein by reference. 3. Petitioner has become aware that Jane Adams, Esquire, counsel for the Plaintiff/Respondent, Tonya L. Thornton-Karper, has filed a Petition to Withdraw as Counsel in this matter. 4. Petitioner has become aware that Jane Adams, Esquire, counsel of record for the Plaintiff/Respondent, has been approved by Court Order to withdraw from this action as Plaintiff/Respondent's legal counsel. 5. Petitioner has no means of knowing the intention of the Plaintiff/Respondent in this matter as to whether she may appear Pro Se for the hearing scheduled on May 4, 2009 at 1:30 p.m., whether she may chose to not attend the hearing as scheduled, whether she may request a continuance of the Court because of not having counsel, whether she may make statements to the Court sufficient for the Court to continue the hearing, on its own, or what action of any nature that the Plaintiff/Respondent may take at the time of the hearing. 6. Petitioner has multiple witnesses, including Dr. Arnold T. Shienvold, as well as the Defendant/Petitioner himself and various family members, to prepare as witnesses in this matter. 7. Based upon the limited resources of the Defendant/Petitioner, Defendant/Petitioner and Petitioner's counsel herein have determined that exerting efforts at this time to prepare for the hearing on May 4`h, under circumstances in which it is likely the hearing will be continued would be an extreme waste of the Defendant/Petitioner's limited resources. 8. In order to avoid duplication of effort in preparation for trial, waste of expense and preparation for the hearing, and the DefendantPetitioner's limited resources, which would occur in the event that the Court, on its own, or at the request of the Plaintiff/Respondent would request a continuance of the matter at the time of the hearing, Petitioner requests the hearing be continued to a later date. 9. There is an Order in effect that the parties have been following for several years and it is the Defendant/Petitioner's request to modify the Order so that he can secure additional time. 10. There is no harm to the Plaintiff/Respondent in continuing this matter to a later date. WHEREFORE, Petitioner requests your Honorable Court to continue the hearing currently scheduled for Monday, May 4, 2009 at 1:30 p.m. in Courtroom Number 2 of the Cumberland County Courthouse to a later date convenient to the parties and counsel. Respectfully Submitted, asnES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 MAR ° 0 m94, TONYA L. THORNTON-KARPER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2000-1458 CIVIL ACTION LAW CHRISTOPHER J. ALLEMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Court Room No. a gf„tl? Cumberland County Court House on the _ / day of 2009?ait?w'ii''ch'time testimony will be taken. For purposes of the hearing, th Father, Christopher J. Alleman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each parry's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. BY THE COURT, r4p,1101^ ? ?'o d_ ar B ayley J cc: Jane Adams, Esquire - Counsel for Mother Bradley L. Griffie. Esquire - Counsel for Father OOb 1 •+J ?.. , # W rt ray hat VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn DATE: log TONYA L. THORNTON-KARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW CHRISTOPHER J. ALLEMAN, NO. 2000-1458 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE _ SF I, Bradley L. Griffie, Esquire hereby certify that I did, the f day of May, 2009, cause a copy of the within Petition for Hearing to be served upon the Plaintiff/Respondent, Tonya L. Thornton-Karper, by serving her by first class mail, postage prepaid, at the following address: Tonay L. Thornton-Karper 403 Scott Drive Shippensburg, PA 17257 DATE: rFFIyEfAN riff , Esquire or De endan t ASSOCIATES S 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 F11 _ 1: J14 ,YAY 20 TONYA L. THORNTON-KARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYI;VANIA vs. CIVIL ACTION -LAW CHRISTOPHER J. ALLEMAN, NO. 2000-1458 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW this day of h?i2009 upon presentation and consideration of the within Petition, the hearing previously scheduled in this matter for Monday, May 4, 2009 at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse is hereby continued to A-L?_ the ll 6(. day of 2009 at o'clock .m. in Courtroom Number 2 of the Cumberland County C-owahouse. All other provisions relative to the preparation of Pre-Trial Statements and the determination of the moving party as set forth in our Order of March 13, 2009 shall remain in effect. By Cc: x,___ a L. Thornton-Karper Pro Se AR/radley L. Griffie, Esquire Counsel for Defendant n I s/??o9 Edgar B. Bayley, P.J. ?. ? ?` r _ " ? ; ? ?i ? ? LiN - ? ? t„?.. ?t ? ' t- ' ? `V` t , {: ?- 1 q ; -?^? J-` E.U {?J N ;.? TONYA L. THORNTON-KARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CHRISTOPHER J. ALLEMAN, Defendant : CIVIL ACTION -LAW NO. 2000-1458 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE I, Bradley L. Griffie, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Petition for Continuance and resulting Order of Court rescheduling hearing for Thursday, June 11, 2009 at 1:30 p.m., was sent to Plaintiff, Tonya L. Thornton-Karper, at her address of 403 Scott Drive, Shippensburg, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on May 14, 2009. See r' ie, Esquire Atrbr??r Defendant G FIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this _ day of , 2009 NOTARY P LIC -Mr_N?y t?b1?c ,NWD lplhtt Apt 17, 2011 W- --.• Postal Servi ce CERTIFIED M AIL, RECEIPT Ln 1 (Domestic Mail Only; Coverage Provided) c0 of -0 n' - Postage $ Q P 170" 3 ru Certified Fee , ru 0 Return Receipt Fee -J P H CAD O (Endorsement Required) j C3 Restricted Delivery Fee (Endorsement Required) d 6'J QGj I uS ? r1J Total Postage & Fees y? O r%- ent o ?g /ten ?l-+1 - - - ------ ----------------- O O - - Street, Ap . or PO Box No ' Sco{? f u-? - ? . L City State, ZIP+4 ---?-- ------- ------- / ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attagh this card to the back of the mailpiece, or on the front If space permits. 1. ktk;le Addressed to: A- D. delivery address different from ftem 1? ? Yes If YES, enter delivery address below: ? No 3. ?Vliice Type Ceffled Mail ? Express Mail /b Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (rmnsfer from mvice h beq 7007 0220 0002 2526 5585 PS Form 3811, February 2004 Domestic Return Receipt 102--i95-02-M-1540 FaH.1-O# AGE OF TW PR6T' Kl%, tUfARY Mg JUN - 4 PM 3.0 8 till +. i".u=< •?u C PEWYLYA,N1A --p TONYA L. THORNTON-KARPER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHRISTOPHER J. ALLEMAN, Defendant NO. 00-1458 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of June, 2009, this hearing is continued until Thursday, July 2, 2009, at 4:00 p.m., at which time the Judge will meet with Tanner in chambers. By the Co;? r B. Bayley, J. ..XBradley Griffie, Esquire For Defendant/Petitioner /onya L. Thornton-Karper, pro se 403 Scott Drive Shippensburg, PA 17257 Sheriff prs C T l yes rr%';c LL cplis/oy O THE: f1UZT 2009 JUN 15 P31 2= 4 4 PE TONYA L. THORNTON-KARPER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER J. ALLEMAN, DEFENDANT 00-1458 CIVIL TERM ORDER OF COURT AND NOW, this 2 -l day of July, 2009, based on the uncertainty as to what the father's future work schedule would be after he returned from vacation this summer except for an anticipated six weeks of daylight shifts, IT IS ORDERED that father shall forthwith file an affidavit, with a copy to the mother, to be forwarded by the Prothonotary to chambers, setting forth: (1) His current work schedule. (2) How long he anticipates this schedule will continue. (3) If he knows the schedule will not continue, when he anticipates a change to what schedule. /TonYa L. Thornton-Karper, Pro se 403 Scott Drive Shippensburg, PA 17257 L. Griffie Esquire Bradley For Defendant sal CoP;CS rru(allsd-, 1/xqoy Cu(J. dl D. DCIYIVY, U. 11 2009. 29 f':ai ? • 5 CUM, TONYA L. THORNTON-KARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CHRISTOPHER J. ALLEMAN, Defendant CIVIL ACTION -LAW NO. 00-1458 CIVIL TERM IN CUSTODY EDGAR B. BAYLEY, JUDGE AFFIDAVIT Pursuant to the Court's Order and directive of July 29, 2009, Defendant submits the following Affidavit in support of his position relative to his work schedule and the proposed Custody Order in this matter: 1. Affiant's employer changed in early 2009 with the sale of the business where he is employed from one company to another company. 2. The former company operated with a shift rotation of 6 weeks of 6:00 a.m. to 6:00 p.m. work over a two-week period of 2 days on, 2 days off, 3 days on (weekend), 2 days off, 2 days on, 3 days off (weekend). This was followed by a 6-week rotation of 6:00 p.m. to 6:00 a.m. work over the two-week period. 3. The new company operates plants across the United States and does not rotate its shifts, but has employees on set 6:00 a.m. to 6:00 p.m. or 6:00 p.m. to 6:00 a.m. shifts. 4. Affiant has high seniority with his employer and will be selecting an all daylight shift (6:00 a.m. to 6:00 p.m.) when it becomes available. 5. The union and company are negotiating the start date of the new work hour arrangements. 6. According to the Union representative in Philadelphia, to avoid conflicts in vacation planning and other areas of possible conflict in 2010, the new work schedule must be implemented in November/December 2009. (Affiant's counsel confirmed this information with the union representative by telephone.) 7. The attached schedule reflects a 6 week period of 6:00 .mm. to 6:00 a.m. shift work beginning August 17`h. 8. The attached schedule reflects a subsequent 6 week period of 6:00 a.m. to 6:00 m. work which goes into mid-November, when Affiant anticipates he will be placed on the permanent 6:00 a.m. to 6:00 p.m. shift. 9. After the changeover in shift rotations, Affiant will then be on a strict 2 week 6:00 a.m. to 6:00 p.m. schedule as follows: Work Monday and Tuesday Off Wednesday and Thursday Work Friday, Saturday, Sunday Off Monday and Tuesday Work Wednesday and Thursday Off Friday, Saturday and Sunday 10. Affiant believes the proposed Order (attached) previously provided to the Court in this matter matches this work schedule exactly and addresses the pending shift rotation change. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: 9 - I)" U DATE: 1 Q f a 00 M O O? O O N n W N N N VI MO?Nm O Q Q Q ((gy?pp 11•^• ,•^• ?I1 tL NO??Nf+l ? ? W ? W I f ? W ^?' W p~~ W -,1 N f"? o In'I ?,QVV 74 44 44 o 1"'1 tC) ^ 44 W NO v?E Q pp Q pp 44 W CD O Q O 44 of •• 3 °. ,? 3 3 O O .6 Q N ?.mrNN Q Q Q o w Q l0 Q 44 s 44 44 14 Q -- 44 0 0 0 O O 0 3 3 O ) f monN p p ? 3 Nrnw?c O r?y O ? 1 ~ ??.?wNN f ?„+r,-"W fV,.. NN ? O VI ?D??N Q ? o 0 0 .. x 44 44 O b O O 41 4J x c? ? x c? J FL Q ? I ? Q O O O •• ?? ? 0 l0 kD 44 44 ? 44 N 44 4a O i ? ? rd 0 3 4J O O? i O oo x C7 °. o CD CD w p I 44 is o 0 ~ 3 p 3 O Q0J 49 4-) 49 a L C? o .. W ° o tO ?, 44 44 o a-1 4a 44 E" ro o O ? rooko CL 0 Go M co O 0 N s IM 77 ° C> ° o °M o ? o ko o •? .. 0 f 4-4 c? o ~ "N? °v? f-I lfl d lp 4? y? x x w w O n 44 a ?? p ro i ? o 3 ?.,N 0 3 +J O 0 3 " 1 b rd +3 O E NObt+1pp - V W - ? x J o ?` ?j/??rpJ/? ?:?, ? F?y?333117 ,O o 0 0 ko oO 44 x u. NObNM -j .?? 0 O w ?I l0 w ?I l0 f 3•• O 0 4-4 0 00 4J 0 4-) N o 0 ' .. o tO io 0 44 44 0 0 O ?4-4 ? ? to 44 44 0 O f 0 j ell M O O J I O LL 1D O ,q` l0 O All j $4 O ?G p I l0 44 3 4-I O 44 .. 44 3 +? ° 0 0 o oL ko o o 0 i Co 44 44 0 3 4J w ro 0 3 b © 1 4 o 81 8 0 o? '? • • o O w ?o? ? °o4J 0 !J (a 0 49 o C C, O l0 O lp O ?0 0 O O lp O V O 4-I 44 ^tk1'O' l0' 4?..1 W 44 ?O ? 4-4 4 !?j NM ( 1`I 14 4 hl •• $4 1?0 ••I rl 4-) 4J O O 0 roll O O 3 3 r co t"1V l??i X01 ??1 ??j 0 yr .c?eQiN N; .?_. i C) o°L .. I (mm? O lD o N I?yNN rif[I T 4-4 4-4 44 4-4 O LL. `O N N L.L O +?J 3M `? b ~3 v???? ? W O O ? 4 r M O^i N 1----. I Npp?? i •• ? ? O KKKIII 4-4 4-4 44 f { 3 O 1 74 41 ?G O O ? 49 4 T 00 O, o WOO o? I J o I?x M Co l JJ go•• o k•• W 0 44 Sa t? O S I O 3 b ?? 0 4-1p CD! 4i N .. %.D 0 o o G 4.) o 74 4J f 44 E 0 O 0 TONYA L. THORNTON-KARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW CHRISTOPHER J. ALLEMAN, NO. 2000-1458 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY ORDER OF COURT AND NOW, this day of June, 2009, following hearing, IT IS HEREBY ORDERED AND DIRECTED as follows: 1. The parties, Tonya Thornton-Karper (hereinafter "Mother") and Christopher J. Alleman (hereinafter "Father"), shall have shared legal custody of their son, Tanner Thornton Alleman, born November 16, 1999 (hereinafter "Tanner"). 2. The parties shall share physical custody of Tanner. 3. Mother shall have periods of physical custody of Tanner on the following schedule: (A) Every other weekend, when Father delivers Tanner to Mother on his way to work on Friday until Sunday evening at 6:30 p.m. when Mother shall deliver Tanner to Father; (B) On alternating Mondays following Father's weekend of custody, when Father delivers Tanner to. Mother on his way to work until Tuesday evening at 6:30 p.m. when Mother shall deliver Tanner to Father; (C) On alternating Wednesdays, following Mother's weekend of custody, when Father delivers Tanner to Mother on his way to work until Thursday evening at 6:30 p.m. when Mother shall deliver Tanner to Father; a (D) In the event Father is obligated to work night shift for any period of time that this Order is in effect, the time for the return of Tanner to Father following Mother's alternating weekend of custody shall be Monday at 8:00 a.m.; and ' (E) In the event Father is obligated to work night shift for any period of time that this Order is in effect, the time for return of Tanner to Father during Mother's weekday periods of custody in Subparagraph (B) and (C) above shall be changed to Wednesday morning at 8:00 a.m. and Friday morning at 8:00 a.m„ respectively. 4. The parties will share or alternate having custody of Tanner on holidays as follows: (A) Christmas: The Christmas holiday will be divided into Segment A, which will run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which will run from Christmas Day at 12:00 noon through December 26, at 12:00 noon. Mother will have custody of Tanner during ,Segment A every year and Father will have custody of Tanner during Segment B every year. (B) Thanksgiving: In even numbered years, Mother will have custody of Tanner on Thanksgiving Day. In odd numbered years, Father will have custody of Tanner the Wednesday before Thanksgiving Day from 5:00 p.m. until 5:00 p.m. on Thanksgiving Day. (C) Easter: The period of custody over the Easter holiday shall be from the Saturday before Easter at 600 p.m. through Easter Sunday at 5:00 p.m. Mother will have custody of Tanner over the Easter holiday in odd numbered years and Father will have custody of Tanner over the Easter holiday in even numbered years. (D) Memorial Day/Labor Day:` The Memorial Day and Labor Day holiday periods of custody shall be from the Friday before the holiday at 5:00 p.m. through 5:00 p.m. on the day of the holiday. Mother will have custody of Tanner over the Memorial Day holiday in even numbered years and over the Labor Day holiday in odd numbered years. Father will have custody of Tanner over the Memorial Day holiday in odd numbered years and over the Labor Day holiday in even numbered years. (E) Mother's Day/Father's Day: Mother will have custody of Tanner every year on Mother's Day from 8:00 a.m. until 6:00 p.m. and Father will have custody of Tanner every year on Father's Day from 8:00 a.m. until 6:00 p.m. (F) Independence Day: Mother will have custody of Tanner on July 4th in odd numbered years, and Father will have custody of Tanner in even numbered years, for the period from 9:00 a.m. on July 4`h until 12:00 Noon on July 5`h. If the July 4`h holiday occurs over a weekend, including Friday or Monday, the period shall be from Friday at 5:00 p.m. (or at 9:00 a.m. if Friday is the celebrated July 01 holiday) until Monday at 5:00 p.m. (G) This holiday custody schedule will supersede and take precedence over the regular custody schedule. (H) In the event a party's holiday period of custody falls immediately preceding or following his `'regular period of custody, the holiday/regular period of custody will run continuously without interruption. 5. Each party will be entitled to have custody of Tanner every year for two (2) non-consecutive weeks upon providing at least thirty (30) days advance notice to the other party. The party providing notice first of his or her selection of vacation dates under this provision will be entitled to preference on his or her selection. 6. Unless otherwise agreed between the parties, the place for exchange of custody will be at the respective party's residence. 7. Tanner shall continue in his counseling and therapy with his counselor, Georgi Anderson, until such time as the parties jointly agree to terminate the counseling or until Ms. Anderson recommends, the counseling should end. 8. Mother shall claim Tanner as an income tax exemption in the odd-numbered years and Father shall claim Tanner as an income tax exception in the even- numbered years. Each party will, execute any documents required to permit Tanner as a tax dependent on the respective tax returns. 9. Neither party will do or say anything which may estrange Tanner from the other parent, injure the opinion of Tanner as to the other parent, or hamper the free and natural development of Tanner's love and respect for the other parent. Both parties will ensure that third parties have contact with Tanner comply with this provision. 10. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning Tanner and will take any necessary steps to ensure that the health and well-being of Tanner are protected. During such illness or medical emergency, both parties will have the right to visit Tanner as often as he or she desires consistent with the proper medical care of the child. 11. The parties may make such alternate arrangements regarding the physical custody of Tanner so long as they-may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and Tanner. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order will control. ,.BY THE COURT, EDGAR B. BAYLEY, President Judge OF TH"c 2099 AUG 27 PM 2: c; I el„f ui'+` TONYA L. THORNTON-KARPER, PLAINTIFF V. CHRISTOPHER J. ALLEMAN, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-1458 CIVIL TERM ORDER OF COURT r~ ~ Of ~ day of September, 2009, IT IS ORDERED: (1) Tonya Thornton-Karper and Christopher J. Alleman shall have shared legal custody of their son Tanner Thornton Alleman, born November 16, 1999. (2) During any period that the father is not working a daylight two week schedule, the current arrangement whereby he has Tanner every other weekend and on either Thursday or Friday evening shall continue. (3) During each school year any time when the father is working a daylight two week schedule, the following two week schedule shall apply: (a) Starting on the Sunday that the father works, he shall have Tanner from 6:00 p.m. until the beginning of school on Wednesday morning. (b) The mother shall have Tanner from after school on Wednesday until after school on Friday. (c) The father shall have Tanner from after school on Friday until the beginning of school Monday morning. (d) The mother shall have Tanner from after school on Monday until Sunday at 6:00 p.m. except father shall have him from after school on Thursdays until 7:00 p.m. (4) This schedule shall remain the same during the summer except that all exchanges shall take place directly rather than having some of the periods end with respect to Tanner either going to school or leaving at the end of a school day. (5) Notwithstanding Paragraph 4, each parent shall be entitled to have Tanner every year for two non-consecutive weeks upon 30 days notice to the other parent. (6) The parents shall alternate having Tanner on holidays as follows: (a) Christmas: The Christmas holiday will be divided into Segment A, which will run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which will run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. Mother shall have Tanner during Segment A every year and father will have him during Segment B every year. (b) Memorial Day/Labor Day: The Memorial Day and Labor Day holiday periods shall be from the Friday before the holiday at 5:00 p.m. through 5:00 p.m. on the day of the holiday. Mother shall have custody of Tanner over the Memorial Day holiday in even numbered years and over the Labor Day holiday in odd numbered years. Father shall have Tanner over the Memorial Day holiday in odd numbered years and over the Labor Day holiday in even numbered years. (c) Mother's Day/Father's Day: Mother will have Tanner every year on Mother's Day from 8:00 a.m. until 6:00 p.m., and father will have him every year on Father's Day from 8:00 a.m. until 6:00 p.m. (d) Independence Day: Mother will have Tanner on July 4th in odd numbered years, and father will have him in even numbered years, from 9:00 a.m. on July 4th until 12:00 noon on July 5th. If the July 4th holiday occurs over a weekend, including Friday or Monday, the period shall be from Friday at 5:00 p.m. (or at 9:00 a.m. if Friday is the celebrated July 4th holiday) until Monday at 5:00 p.m. Ton a L. Thornton-Kar er, Pro se Y p 403 Scott Drive Shippensburg, PA 17257 / Bradley L. Griffie, Esquire For Defendant sal 4~a l ~v~ ~~ i 2~'9 ~~:~'` ~ 1 ~z'~ ~'~ ~3 i'~ _ ~ i.. ~ .., .