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HomeMy WebLinkAbout00-02268IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff V. HARRY D. THOMAS, JR., Defendant NO. pZI W - ?a (D IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the p rties and their respective counsel appea before diJ t X• L7:'R64, r5A the Conciliator, at on the 1,4Ah _ day of ,wie_ 2000, at R.30 ?.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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: ,Lt ? /' ?1 ( P . Custody Conciliat )' 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) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. f nn F fT r PH 2: ?? r C.k M i;-j ;,`.; ? 4I,vrn,, PcA??,'Shhjf j'Njj J u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff V. HARRY D. THOMAS, JR., Defendant . NO. a0 - 2a& CSR fit, IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this ? a day of " 2000, comes the Plaintiff, LESLEY J. THOMAS, by and through her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is LESLEY J. THOMAS whose current address is 36 Town Mills, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is HARRY D. THOMAS, JR. whose current address is 105 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary physical custody of the following child: TREVOR THOMAS, born July 15, 1991 4. The child was not born in wedlock. 5. Plaintiff currently-resides with the minor child. 6. Defendant currently resides with friends. 7. During the lifetime of the child, he has resided at the following addresses with the following persons: Time Address with whom birth-12/91 239 East King Street Plaintiff Shippensburg, PA 12/91-1997 1 Town Mills Shippensburg, PA Plaintiff/Defendant 1997-2/00 2/00-3/15/00 3/15/00-present Orange Street Shippensburg, PA 36 Town Mills Shippensburg, PA 36 Town Mills Shippensburg, PA Plaintiff/Defendant Plaintiff/Defendant Plaintiff 8. The father of the child is HARRY D. THOMAS, JR. He is married to Plaintiff. 9. The mother of the child is LESLEY J. THOMAS. She is married to Defendant. 10. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the child in this or any other Court, except as set forth above. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or in any other State. 12. The 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. 13. Each parent whose parental rights to the child have not been terminated, and the persons who have physical custody of the child, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the minor child will be served by granting Plaintiff primary physical custody of TREVOR. Plaintiff requests this Honorable Court to grant her primary physical custody of the minor child. Respectfully submitted, Maryann Iurphy, Esquir Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff VERIFICATION I, LESLEY J. THOMAS, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. LESLEY J. THOMAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAMP LESLEY J. THOMAS, Plaintiff V. HARRY D. THOMAS, JR., Defendant NO. IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of 2000 I served a true and correct copy of the foregoing Complaint in Custody on the Defendant, HARRY D. THOMAS, JR. at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. Harry D. Thomas, Jr. C/o Tammy Diven 105 East Orange Street Shippensburg, PA 17257 Rerspectfully submitted, Maryann Murphy, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 I.D. # 61900 - r} W?. G C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff NO.?t3o V. IN CUSTODY HARRY D. THOMAS, JR., Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, LESLEY J. THOMAS, Plaintiff, to proceed in forma an uperis. I Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma au uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Maryann M' phy, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff V. NO. !to - 2.2 k t 7 _a IN CUSTODY HARRY D. THOMAS, JR., Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am LESLEY J. THOMAS, Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: LESLEY J. THOMAS Address: 36 Town Mills, Shippensburg, PA 17257 (b) Social Security Number: 187-48-2877 If you are presently employed, state N/A Employer: Address: N/A Salary or wages per month: N/A Type of work: N/A If you are presently unemployed, state Date of last employment: 2/23/00 Salary or wages per month: $1300.00 Type of work: Industrial - labor (c) Other income within the past twelve months Business or profession: Other self-employment: -0- Interest: Dividends: Pension and annuities: Social Security benefits: -0- Support payments: Disability payments: Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: Other: (d) Other contributions to household support NONE (Wife)(Husband) Name: N/A the parties are separated If your (husband) (wife) is employed, state Employer: Salary or wages per month: N/A Type of work: Contributions from children: (e) Property owned Cash: $3.00 Checking Account: Savings Account: -0- Certificates of Deposit: -0- Real Estate (including home): $3,000.00 (mobile home, joint names) Motor vehicle: Make Ford Aerostar Year 1988 Cost $1,000.00 Amount owed Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: Loans: $13.000.00 balance on all loans - cannot make payments at this time Monthly Expenses: $925.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A Children, if any: Name: Trevor Age: 8 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 4* LESLEY J. TH a__? 'ti G': ?..? -- ? ? 7 ' ._ ? 4 ` fem. l !? - ?`, E , : _.. ?-.. ?C' =? " °7 ??7 -4. ^^ -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS Plaintiff V. No. 2000-2268 Civil HARRY D. THOMAS, JR., Defendant IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendant, Harry D. Thomas, Jr. Dated: ro 2 Oo o C- C David P. Perkins, Esquire MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET.- SHIPPENSBURG, PA 172S7-1397 1 n ? ? j a T M1, f71 `, ? ? I s . `?.I .6:v ?Y ?.: i:? ?? c: T..? wC: -^' 3?; ." y ? ;? ?` C? ? '` d JUN 2 2 LESLEY J. THOMAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW HARRY D. THOMAS, JR., NO. 2000 - 2268 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 28' day of June, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Lesley J. Thomas, and the Father, Harry D. Thomas, Jr., shall enjoy shared legal custody of Trevor Thomas, born July 15, 1991. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On every weekend from Friday at 5:00 p.m. until Saturday, with alternating weekends to be one Saturday going to 8:00 p.m. and one Saturday going to 6:00 p.m. B. At such other times as agreed upon by the parties. 4. For holidays, the parties shall share all holidays pursuant to an agreement reached by the parties. The child's birthday shall also be included with respect to the parties sharing custody on that date. 5. Father shall enjoy custody of the minor child on Father's Day and Mother shall enjoy custody of the minor child on Mother's Day. This provision shall supercede any other provision of this Order. 6. Neither parent shall consume alcohol when they have custody of the minor child nor shall either parent take the child into an alcohol establishment when they have custody. 7. Father shall cooperate in any counseling sessions that Mother may arrange with respect to counseling for the child which requires parental involvement. tt uu 'VINVAIAnS?NNnd rt -Nnoo hI.c Wd QeP'itlf CIO 8. This order is entered pursuant to an agreement reach by the parties at a Custody Conciliation Conference. In the event either party desires to modify this agreement, that party may petition the Court to have the case again scheduled with the Custody Conciliator. BY THE COURT, 144 J. cc: Maryann Murphy, Esquire David Perkins, Esquire 00 I LESLEY J. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v HARRY D. THOMAS, JR., Defendant Prior Judge: CIVIL ACTION - LAW NO. 2000 - 2268 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: L The pertinent information pertaining to the child who is the subject of this litigation is as follows: Trevor Thomas, bom July 15, 1991. 2. A Conciliation Conference was held on June 15, 2000, with the following individuals in attendance: The Mother, Lesley J. Thomas, with her counsel, Maryann Murphy, Esquire; and the Father, Harry D. Thomas, Jr., with his counsel, David Perkins, Esquire. 3. The parties agree to the entry of an order in the form as attached. 1 GO DATE Hubert X. Gilr , Esquire Custody Co iliator In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DANIELLE L. ASPER - ) Docket Number 00-2910 CIVIL Plaintiff ) VS. ) PACSES Case Number 150102300/29,680 ROGER H. ASPER ) Defendant ) Other State ID Number CONSENT ORDER AND NOW, to wit on this 23RD DAY OF JUNE, 2000 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE PETITION filed on - MAY 9, 2000 in the above captioned matter is dismissed without prejudice due to: HUSBAND HAVING THE CARE AND CUSTODY OF THE PARTIES' FOUR CHILDREN. WIFE'S OBLIGATION FOR CHILD SUPPORT OFFSETS HUSBAND'S OBLIGATION FOR ALIMONY PENDENTE LITE PURSUANT TO Rule 1910.16-4(e). Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: ]MO: PJ Sbadday xc: plaintiff deferrtmt es1 01er, r 44 JUDGE Maryann Murphy, Esquire Jerry Weigle, Esquire Form OE-505 Service Type M Worker ID 21005 c ? c? e cn k D :, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff V. HARRY D. THOMAS, JR., Defendant NO. 00-2268 Civil Term IN CUSTODY ORDER OF COURT AND NOW, this 30 - day of 2000, upon consideration of the attached Stipulation for Modification of Custody Order, IT IS HEREBY ORDERED AND DECREED that custody of the minor child, TREVOR W. THOMAS, born July 15, 1991, is awarded as follows: 1. MOTHER shall have primary physical and legal custody of the minor child. 2. FATHER's contact with the child, whether by phone or in person, shall be limited to that which is mutually agreed upon by both parents. FATHER shall cooperate in counseling sessions with respect to the child if the counselor believes it is important for FATHER to participate. 3. FATHER shall not consume alcohol forty-eight (48) hours prior to, and during, any contact he may have with the minor child. 4. This Order shall replace and supercede any and all prior Orders of Court or agreements between the parents. 5. This Order shall remain in full force and effect until further Order of Court. BY THE COURT: >46? Kevin A. Hess e4wt4; S" 131, &) `Aa , r? , ? f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff NO. 00-2268 Civil Term V. HARRY D. THOMAS, JR., Defendant IN CUSTODY STIPULATION FOR MODIFICATION OF CUSTODY ORDER The parties to this action, LESLEY J. THOMAS (hereinafter referred to as "MOTHER"), and HARRY D. THOMAS, JR. (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody with respect to the minor child: TREVOR W. THOMAS, born July 15, hereby stipulate and agree to the entry of an Order of Court awarding custody of TREVOR as follows: The parents agree that MOTHER shall have primary physical and legal custody of the minor child. The parents agree that it is in the best interests of the minor child at this time that he begins counseling, and that FATHER's contact with the child, whether by phone or in person, shall be limited to that which is mutually agreed upon by both parents. FATHER agrees to cooperate in counseling sessions with respect to the child ifthe counselor believes it is important for FATHER to participate. FATHER agrees that he shall not consume alcohol forty-eight (48) hours prior to, and during, any contact he may have with the minor child. 4. The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania for approval and for entry of a modified Order awarding custody as set forth herein, and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Modification of a Custody Order on the date indicated below. Date Witness HARK . THOMAS, JR. ? g oO uu &QQAa QAL? D to Witn ss LESLEY J. T O S r.? ?: -c?",,` ' -_:c. ,_, ?J, Vi ; ? i . ' _ _ _? 5 =; z ;; : ? ' = y tia ?. ? ? c ? _., ? Lesley J. Thomas, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, Harry Thomas, by and through his attorney, Michael 0. Palermo, Jr., Esquire, and avers the following in support of this Petition for Emergency Relief: 1. The Petitioner, Harry Thomas, is an adult individual who currently resides at 1 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent, Lesley J.(Thomas) Burns, is an adult individual who currently resides at 36 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Respondent is the natural mother and Petitioner adopted Trevor Thomas born July 15, 1991. 4. A Court Order was signed on June 28, 2000 by the Honorable Judge Kevin A. Hess. (Attached as Exhibit "A"). 5. In reality, the parties do not abide by the aforementioned Order and the child in question spends the majority of his overnights with Petitioner. 6. Petitioner avers that the Respondent and her paramour are constantly fighting and placing the minor child in danger. 7. Respondent's paramour exhibits an abusive behavior towards the minor child, Trevor Thomas. 8. Petitioner avers that the minor child is not receiving adequate care at Respondent's residence and immediate intervention of the Court is necessary to assure that the best interests of the child are served. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting temporary primary physical custody of the child to Petitioner pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted, ROMINGER & WHARE o Date: January 19, 2007 Michael O. Palermo, Jr., 're 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney ID# 93334 Attorney for Petitioner Lesley J. Thomas, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner, Harry Thomas, Jr., do hereby certify that I this day served a copy of the Petition for Emergency Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Lesley (Thomas) Burns 36 Town Mills Shippensburg, PA 17257 Date: January 19, 2007 Michael O. Palermo, Jr., uire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney ID# 93334 Attorney for Petitioner VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ' 4904 relating to unsworn falsification to authorities. ! Fa // Aa&rv Harry D //Thomas, Jr etitioner RECF,Nkwu Jo 33 1 JUN 22 LESLEY J. THOMAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW HARRY D. THOMAS, JR., : NO. 2000 - 2268 CIVIL ,- d Defendant : IN CUSTODY COURT ORDER ?th AND NOW, this day of June, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Lesley J. Thomas, and the Father, Harry D. Thomas, Jr., shall enjoy shared legal custody of Trevor Thomas, born July 15, 1991. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On every weekend from Friday at 5:00 p.m. until Saturday, with alternating weekends to begone Saturday going to 8:00 p.m. and one Saturday going to 6:00 p.m. B. At such other times as agreed upon by the parties. 4. For holidays, the parties shall share all holidays pursuant to an agreement reached by the parties. The child's birthday shall also be included with respect to the parties sharing custody on that date. 5. Father shall enjoy custody of the minor child on Father's Day and Mother shall enjoy custody of the minor child on Mother's Day. This provision shall supercede any other provision of this Order. 6. Neither parent shall consume alcohol when they have custody of the minor child nor shall either parent take the child into an alcohol establishment when they have custody. 7. Father shall cooperate in any counseling sessions that Mother may arrange with respect to counseling for the child which requires parental involvement. a PETITIONER'S EXHIBIT a 04 8. This order is entered pursuant to an agreement reach by the parties at a Custody Conciliation Conference. In the event either party desires to modify this agreement, that party may petition the Court to have the case again scheduled with the Custody Conciliator. BY THE COURT, cc: Maryann Murphy, Esquire David Perkins, Esquire TE',f ^ TY FROM RECC)RD In TEst,. .r,7of, I hire 1:--Ito set my hand and the sLa c said Court at Carlisle, Pa. Thi .....ig. ay of... ? .. Prothonotary ? ? CJ V? ? M y 1 p LESLEY J. THOMAS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2268 CIVIL ACTION LAW HARRY THOMAS, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, January 24, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 22, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. ,..J 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 4? -,bt -w Oe ?i?L, Lo SL° I Jr-? /r, `N..'d r i k 1F",` no 1 .Z itlj- S? IVr L 9 0 Z LESLEY J. THOMAS, Plaintiff VS. HARRY THOMAS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2268 CIVIL TERM IN CUSTODY MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM Plaintiff, Lesley J. Thomas, hereinafter "Mother" and Defendant, Harry Thomas, Jr., hereinafter "Father" by and through their respective counsel, MidPenn Legal Services and Michael O. Palermo, Jr., Esquire, state the following: 1. The parties in this matter are the natural parents of the minor child, Trevor Thomas, born July 15, 1991. 2. The parties are subject to a Custody Order dated June 28, 2000. 3. The parties modified the schedule outlined in the June 2000, Order and have developed schedules that better suit their situation and better accommodate the minor child. 4. On January 19, 2007, Father filed a Petition for Special Relief seeking primary physical custody of the minor child. 5. The parties attended a custody conciliation on February 22, 2007. At that time, the parties were unable to reach an agreement and this matter is to be scheduled for a hearing. Until the hearing date, the parties are to maintain the status quo with Mother having custody of the child during the week and Father having custody of the child on weekends. This schedule continues with the` understanding that both parents will respect the child's wishes to visit between the parties' homes at any time during the week. 6. Due to ongoing issues regarding the child and the desire of both parties to act in the child's best interests, the parties request that this Court appoint the Children's Advocacy Clinic at The Dickinson School of Law as guardian ad litem for the minor child. 7. The Children's Advocacy Clinic at The Dickinson School of Law has indicated its willingness to accept the appointment and has confirmed that there are no conflicts in their potential representation of the minor child. 8. The director of the Children's Advocacy Clinic has requested, and counsel for the parties have agreed, that if the Court appoints the clinic as guardian ad litem all counsel will request to return to the custody conciliator prior to any hearing date in an attempt to negotiate an agreement. WHEREFORE, the parties request that this Court appoint the Children's Advocacy Clinic as guardian ad litem for the minor child. y submitted, Je?siEa Holst, Esquire AidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 LESLEY J. THOMAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-2268 CIVIL TERM HARRY THOMAS, JR., IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Plaintiff, Lesley Thomas, hereby certify that I have served a copy of the foregoing MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 Children's Advocacy Clinic 45 N. Pitt Street Carlisle, PA 17013 Date: 3, 3 0 - - Je s)ta Holst, Esquire idPenn Legal Services 401 E. Louther Street. Carlisle, PA 17013 (717) 243-9400 LESLEY J. THOMAS, Plaintiff VS. HARRY THOMAS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2268 CIVIL TERM IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Lesley Thomas, Plaintiff, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am provi)ffnt fAee legal services to the party. Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 .... LESLEY J. THOMAS, Plaintiff VS. HARRY THOMAS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2268 CIVIL TERM IN CUSTODY AMENDMENT TO MOTION FOR APPOINTMENT OF GUARDIANAD LITEM Plaintiff, Lesley J. Thomas, hereinafter "Mother" and Defendant, Harry Thomas, Jr., hereinafter "Father" by and through their respective counsel, MidPenn Legal Services and Michael O. Palermo, Jr., Esquire, state the following: 1. The parties in this matter are requesting that this Court appoint a guardian ad litem on behalf of the minor child, Trevor Thomas, born July 15, 1991. 2. The parties in this matter are subject to a Divorce Decree entered on September 26, 2000, by the Honorable Judge George E. Hoffer. 3. The parties are also subject to a Custody Order dated June 28, 2000, and entered by the Honorable Judge Kevin A. Hess. WHEREFORE, the parties request that this Court appoint the Children's Advocacy Clinic as guardian ad litem for the minor child. submitted, Issica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 LESLEY J. THOMAS, Plaintiff VS. HARRY THOMAS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2268 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Plaintiff, Lesley Thomas, hereby certify that I have served a copy of the foregoing AMENDMENT TO MOTION FOR APPOINTMENT OF GUARDIANAD LITEM on the following date and in the manner indicated below: U .S. First Class Mail, Postage Pre-Paid Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 Children's Advocacy Clinic 45 N. Pitt Street Carlisle, PA 17013 3 , 7 'v Date: Midlbenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 i ??n ?...r ? ?? ,.Y`` ..?,r, s _ , ? n ?t?l _ . *7 ':.? f'? _ `- ? _`? .J? ?? MAR A12007 LESLEY J. THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW HARRY THOMAS, JR., : NO. 00-2268 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of 72" , 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the day of , 2007 at ' vm. At this hearing, the father shall be the moving party and shal proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following temporary Custody Order is entered modifying the prior Order of June 28, 2000: a. The mother, Lesley J. Thomas, and the father, Harry Thomas, Jr., shall enjoy shared legal custody og Trevor W. Thomas, born July 15, 1991. b. Physical custody shall be handled with mother having custody of the minor child during the week and the minor child residing with the father on weekends consistent with the arrangement that has been in place over the past six to ten months. c. Each parent shall give deference to the minor child with respect to his desires to go between the mother's and father's home on weekdays and on weekends. d. In the event legal counsel for the parties believe that a second Custody Conciliation Conference would aid a resolution of the case in advance of the hearing scheduled above, legal counsel may contact the Conciliator again directly to schedule such a Conciliation Conference. BY THE COURT, Judge,Kevin A. Hess cc:/ssica Holst, Esquire Michael O. Palermo, Esquire 1 ? pp al R :?t?L _ ; : ? ?< < ,. u'i._? . r It LESLEY J. THOMAS, Plaintiff v HARRY THOMAS, JR., Defendant Prior Judge: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00-2268 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Trevor W. Thomas, born July 15, 1991. 2. A Conciliation Conference was held on February 22, 2007, with the following individuals in attendance: The mother, Lesley J. Thomas, with her counsel, Jessica Holst, Esquire, and the father, Harry Thomas, Jr., with his counsel, Michael O. Palermo, Esquire. 3. The parties have been working under a Custody Order from 2000. However, the situation has changed and father is seeing the minor child much more than the previous schedule. Father suggests that the child now desires to live with the father on a permanent basis. Mother is unwilling to agree to a change of custody or try a 50/50 custody arrangement on a trial basis. A hearing is required and Conciliator recommends an Order in the form as attached. ae -)- 0 DATE Hubert X. ilroy, Esquire Custody onciliator • ? Hwy MAR082i11V LESLEY J. THOMAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-2268 CIVIL TERM HARRY THOMAS, JR., IN CUSTODY Defendant ORDER OF COURT AND NOW, this 'y r day of /11 &,r-A , 2007, upon consideration of the MOTION FOR APPOINTMENT OF GUARDIANAD LITEM, the Children's Advocacy Clinic is hereby appointed as guardian ad litem for the minor child, Trevor Thomas. The guardian ad litem is appointed to represent the child's best interests and shall have access to any school, mental health or Children and Youth records in order to reach a determination of the child's best interests. Distribution: Jessica Holst, Esquire ' Penn Legal Services 111' East Louther Street Carlisle, PA 17013 v` ichael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 /ld Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 X./ A 00 , ,o LUZ LESLEY J. THOMAS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2268 CIVIL TERM HARRY THOMAS, JR., : CIVIL ACTION - LAW DEFENDANT. : IN CUSTODY MOTION FOR GENERAL CONTINUANCE The Children's Advocacy Clinic, as Guardian Ad Litem for the minor child, Trevor Thomas, represents the following: 1. On March 14, 2007, the Children's Advocacy Clinic was appointed Guardian Ad Litem to represent the minor child, Trevor Thomas, by Order of Judge Kevin A. Hess. 2. In an Order of Court dated March 14, 2007, a hearing was scheduled for May 30, 2007 at 1:30 p.m. 3. The order scheduling the hearing indicated that the parties may contact the Conciliator to schedule a Conciliation Conference if the parties believe that a second Custody Conciliation Conference would aid a resolution of the case. The Guardian Ad Litem requests a general continuance of the May 30th hearing in order to allow the parties to return for a Conciliation Conference. 4. Pursuant to Cumb. Co. R.C.P. 208.2(d), the Guardian Ad Litem sought concurrence of all counsel. Counsel for both parents concurs with the request for a general continuance of the hearing in this matter. WHEREFORE, the Guardian Ad Litem requests that the Court grant this Motion for a general continuance of the May 30, 2007 custody hearing. Respectfully Submitted, Date: May 22, 2007 r Katherine Fitz-P ck Certified Legal Intern Lucy J st n-Walsh Kate er Lawrence Supervising Attorneys Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 ?"? fem.,) _. "? L? _ ="". '-? Y...? i°`.a '? 1`:;, r? , 1 r? -- r -._.7 LESLEY J. THOMAS, PLAINTIFF V. HARRY THOMAS, JR., DEFENDANT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2268 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Trevor Thomas, minor child, to proceed in forma pauperis. The Children's Advocacy Clinic, Guardian Ad Litem for the party proceeding in forma pauperis, certifies that the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date: May 22, 2007 -YA a y?D & L Katherine Fitz-Patrick Certified Legal Intern Qr t/? Lucy J on-Wals(((((h Kate Cramer Lawrence Supervising Attorneys Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 ?x ?s ?-? c?? r-- e"'V ?''?? ... . !? 0 MAY 2 3 2007 /OAr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2268 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 25-' day of /bft , 2007, upon consideration of the attached Motion for General Continuance, the motion is granted. The hearing scheduled for May 30'h is hereby generally continued and a new hearing can be scheduled upon the request of the parties. BY THE COURT: LESLEY J. THOMAS, PLAINTIFF V. HARRY THOMAS, JR., DEFENDANT. Date Distribution: /hildren's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 ,/4ichael O. Palermo, Jr., Esquire J 155 South Hanover Street Carlisle, PA 17013 /ssica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Judge X4. . A. Hess 0 oh? i i 1 LESLEY J. THOMAS, IN THE COURT OF COMMON PLEAS OF Petitioner, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-2268 CIVIL TERM HARRY THOMAS, JR., Respondent CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Lesley Burns, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 36 Town Mills, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Respondent resided at 1 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257 until the weekend of May 25, 2007, when he moved to an unknown address on Broad Street in Shippensburg. 3. Mother is the natural and biological parents of the minor child Trevor Thomas, born July 15, 2007. Respondent adopted Trevor after the parties married in 1995. 4. The parties have a Custody Order entered on March 14, 2007, by The Honorable Judge Kevin A. Hess. This Order was entered subsequent to a custody conciliation conference held on February 22, 2007. 5. The Order sets forth a detailed custody schedule which, in pertinent part, grants the parties shared legal custody and outlines a schedule granting Mother primary physical custody during the week and granting Father periods of partial physical custody on weekends. Since the parties lived virtually next door to each other, they were ordered to respect the child's desires to visit between the homes at times not specified through the Order. 6. The parties were scheduled for a hearing on May 30, 2007, before the Honorable Judge Kevin A. Hess. With the expectation of a good faith effort to resolve this matter, Mother agreed to continue the hearing and try to negotiate a resolution to this case. 7. This matter is scheduled for conciliation on June 18, 2007, before the conciliator, Hubert X. Gilroy, Esquire. 8. Defendant is not acting in Trevor's best interests for reasons including, but not limited to, the following: a. Respondent has knowingly and deliberately refused to comply with the existing Order. i. Immediately following the custody conciliation Respondent took custody of the minor child and refused to return him to Mother's custody. ii. Since the custody conciliation, the minor child has not spent a single night at Mother's residence. iii. The minor child has repeatedly advised Mother that Respondent will not allow him to stay with Mother and that Respondent asserts that he "won" the custody case and Mother is no longer permitted any overnight visits with the minor child. iv. Mother's opportunities for time with Trevor were limited to minimal visits when the child is outside or able to slip across the street to her home. v. During the weekend of May 25, 2007, Respondent moved to another residence and took Trevor with him, effectively precluding Mother from having even minimal periods of time with Trevor. vi. On May 29th, Mother and Trevor reached an agreement for a weekend visit from June 2nd - June P. Immediately after the arrangements were made, Trevor called Mother to advise that Respondent would not permit the overnight visit and that Mother could only have daytime visits on Saturday and Sunday. On May 30t', Mother received a message from Respondent's paramour stating that they had purchased a ticket for Trevor to attend a birthday party all weekend and Mother would not be able to visit with Trevor for the upcoming weekend. vii. Despite all attempts to work cooperatively with Respondent, Mother's attempts to maintain her relationship with Trevor have been thwarted. b. Defendant's failure to actively participate in Trevor's education has jeopardized Trevor's academic performance. i. Trevor resided with Respondent for the third and fourth marking periods and in that time, his grades have declined drastically and he will likely only receive a social promotion to tenth grade, requiring him to take summer school classes as well as other ninth-grade courses during his tenth grade year. ii. While still living with Mother, Trevor was accepted to the Vocational- Technical Program. Based on his grades since the third marking period, when Respondent began to withhold custody from Mother, that opportunity was lost. iii. After significant work by the school and the Children's Advocacy Clinic, special circumstances were established under which Trevor would have the opportunity to attend the Vocational-Technical Program, despite his current academic performance. If Trevor improved his grades to pass English, Wellness/Fitness and Civics, he could take Biology and World History during summer school. That would allow him to take the Vocational-Technical prerequisite during the fall of his tenth grade year and go to the Vocational-Technical Program in the spring. This was the first time such accommodations were made for any student in this situation. iv. During a conference with Mother, Respondent, Mother's counsel, Trevor's counsel and the school guidance counselor, the parties were provided with information about the summer school programs available to Trevor. The guidance counselor repeatedly explained to the parties and to Trevor what Trevor needed to accomplish by the end of the academic year to still attend the Vocational Technical Program. v. Despite all efforts by the school, the Children's Advocacy Clinic and Mother, Respondent did nothing to encourage Trevor's academic performance and for the academic year, Trevor has failed Biology, English and Civics. vi. As a result of Trevor's final grades the opportunity to catch up through summer school courses and still attend the Vocational Technical program in Spring 2008 is lost. vii. Respondent advised the Children's Advocacy Clinic that he will not contribute financially to the cost of summer school and remains uninterested in Trevor's educational success. The money for summer school is due June 8, 2007, and Respondent's refusal to contribute financially leaves Mother responsible for the $300 tuition. viii. Respondent failed to support tutoring for Trevor so that Trevor could achieve satisfactory grades. c. Respondent refuses to comply with medically prescribed treatment for Trevor's diagnosed Attention Deficit Hyperactivity Disorder which negatively impacts on Trevor's well-being. i. Trevor was prescribed medication by his treating physician to address his ADHD diagnosis. ii. Respondent does not agree with either the diagnosis or the medication and refuses to give Trevor his prescription medications. iii. Since Trevor stopped taking the medication on a consistent schedule, his behavior, attitude and academic performance have suffered as demonstrated by his grades since the third term when Respondent began to withhold Trevor in violation of the existing Order. 9. Mother is the parent who can presently best provide for Trevor for reasons including, but not limited to, the following a. When Trevor resided with Mother, his grades were satisfactory and he was clearly on track to graduate from the ninth grade with the rest of his class. b. Mother actively involved herself in Trevor's academics by checking his grades and communicating with school personnel for updates on Trevor's performance. c. Mother volunteered to help Trevor with his homework for the remainder of the year, paid to have Trevor tested at The Sylvan Learning Center and tried to arrange tutoring for him. d. While in Mother's custody, Trevor took his medication as prescribed and Mother understood the necessity of following the doctor's recommendations. e. When Trevor lived primarily with Mother, she permitted Trevor to freely go between her home and Respondent's home and encouraged the father/son relationship. Mother has repeatedly emphasized her willingness to work cooperatively with Respondent to put Trevor's interests before their personal disagreements. f. Mother will continue to ensure that Respondent is able to maintain a father/son relationship with Trevor. g. Mother fears that Respondent's behaviors subject Trevor to a limited future and do not serve his best interests. 10. Without this Court's intervention, Trevor is at risk of being harmed by Respondent's interference with the mother/son relationship and by Respondent's disinterest in Trevor's academic future. 11. Counsel for Mother has requested concurrence from both Attorney Palermo, on behalf of Respondent and the Children's Advocacy Clinic, on behalf or Trevor. Despite repeated attempts to contact Attorney Palermo, there has been no response to this Counsel's request for concurrence. The Children's Advocacy Clinic's concurrence is limited to Mother's allegations in her Petition for Special Relief in that: (1) Father has and continues to demonstrate a lack of ability to foster Trevor's academic performance, and (2) Father has significantly interfered with Mother's access to Trevor. WHEREFORE, Mother respectfully requests that the Court order the following: a. Respondent shall immediately return custody of the minor child, Trevor Thomas, to Petitioner. b. Until the June 18, 2007 custody conciliation, Respondent's periods of physical custody shall be on alternating weekends from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m. c. Any further changes necessary to further the child's best interests will be addressed at a custody conciliation conference. ly, submitted, Jes4cl Holst, Esquire Mi Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 VERIFICATION The above-named Petitioner, Lesley Burns, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Lesley Bu ns LESLEY J. THOMAS, Petitioner, VS. HARRY THOMAS, JR., Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2268 CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served a Petition for Special Relief by first class mail to: Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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: Co. (P - 0 T Signaturf r-? ?;} ?' " =, --rt ? ,? ._..? ,.,..,j .F A:-. .r?. j? i ??? - __ - - rt ?? J'?: ?? . s J? 'N? ..+: ?? d LESLEY J. THOMAS, Plaintiff VS. HARRY THOMAS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2268 CIVIL TERM IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Lesley Thomas, Plaintiff, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing services to the party. .ressic first, hszluire MidP nn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 cr, h v LESLEY J. THOMAS, Petitioner, VS. HARRY THOMAS, JR., Respondent JUN 061V V`/ : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2268 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this l(- day of upon consideration of the Petition For Special Relief, the following order is entered: a. Respondent shall immediately return custody of the minor child, Trevor Thomas, to Petitioner. b. Until the custody conciliation Respondent's P4y&"LQ1Qtndy-?haU he on alterna- 1441ay-evening at 6.6 c. Any further changes necessary to further the child's best interests will be addressed at a custody conciliation conference. By the Court, J. OF THE 2007 JUN I ! AH 11: 30 PCT.;I' `k',-a, .;ter, Distribution: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 LESLEY J. THOMAS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2268 CIVIL TERM HARRY THOMAS, JR., : CIVIL ACTION - LAW DEFENDANT/RESPONDENT. : IN CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF AND NEW MATTER The Children's Advocacy Clinic, as Guardian Ad Litem (GAL) for the minor child, Trevor Thomas, represents the following in response to Plaintiff's Petition for Special Relief, attached as Exhibit A: 1. Admitted. 2. Admitted in part. Respondent (hereinafter referred to as "Father") resided at 1 Town Mills, Shippensburg, PA 17257, until the weekend of May 25, 2007. Father provided his new address of 28 Broad Street, Shippensburg, PA 17257, to the GAL. 3. Admitted in part and denied in part. It is admitted that Petitioner (hereinafter referred to as "Mother") is the biological parent of the minor child and that Father adopted the minor child. It is denied that the minor child was born on July 15, 2007. The minor child's date of birth is July 15, 1991. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. a. Father has knowingly interfered with Mother's access to the minor child. i. The GAL does not have sufficient information to admit or deny with certainty the allegation; however, the GAL believes it to be true. ii. Admitted in part and denied in part. It is admitted that at the time the Petition was submitted the minor child had not spent an overnight with Mother. Mother's counsel informed GAL that the minor child spent the night of Saturday, June 9, 2007, at Mother's home. iii. The GAL does not have sufficient information to admit or deny with certainty the allegation; however, the GAL believes it to be true. iv. The GAL does not have sufficient information to admit or deny with certainty the allegation; however, the GAL believes it to be true. v. Admitted in part. GAL admits that Father moved and has arranged for only minimal contact between the minor child and Mother. vi. The GAL does not have sufficient information to admit or deny with certainty the allegation; however, the GAL believes it to be true. vii. The GAL does not have sufficient information to admit or deny with certainty the allegation; however, the GAL believes it to be true. b. Admitted. i. Admitted in part. It is admitted that during the third and fourth marking periods the minor child's grades drastically declined and he is only receiving a social promotion to the tenth grade. The minor child should enroll in the summer school program for the ninth grade English course. However, the Court should be aware that there were periods of time when the minor child's grades were not satisfactory when he resided with his Mother. ii. Admitted. iii. Admitted. iv. Admitted. v. Admitted in part. It is admitted that minor child failed Biology, English, and Civics. The GAL has no knowledge regarding Father's efforts to encourage minor child's academic performance. vi. Admitted. vii. Admitted in part. It is admitted that Father advised the GAL that he will not contribute to the cost of summer school. Mother informed the GAL that she will pay the tuition of $150 for the English course which the minor child should enroll in this summer in order to graduate on time. viii. The GAL does not have sufficient information to admit or deny with certainty the allegation; however, the GAL believes it to be true. c. Admitted in part. GAL is aware that minor child was prescribed medication for his medical condition. Father admitted to GAL that he will not administer the medication. GAL is not qualified to determine whether withholding the medication impacts the minor child's academic performance. i. Admitted. ii. Admitted. iii. Admitted in part. GAL admits that minor child's academic performance has suffered; however, the GAL is not qualified to determine the impact of the medication on his academic performance. 9. Denied. GAL reserves a determination as to which parent is the better primary physical custodian of minor child. a. Admitted in part. GAL admits that minor child's grades were satisfactory while he resided with Mother at the beginning of ninth grade. However, there were periods of time when minor child resided with his Mother that his grades were not satisfactory. b. Admitted. c. The GAL does not have sufficient information to admit or deny with certainty the allegation; however, the GAL believes it to be true. d. The GAL does not have sufficient information to admit or deny with certainty the allegation; however, the GAL believes it to be true. e. The GAL does not have sufficient information to admit or deny with certainty the allegation; however, the GAL believes it to be true. f. The GAL does not have sufficient information to admit or deny with certainty the allegation; however, the GAL believes it to be true. g. The GAL does not have sufficient information to admit or deny with certainty the allegation; however, the GAL believes it to be true. 10. Admitted. 11. Admitted. NEW MATTER 12. GAL incorporates paragraphs 1-11. 13. On Friday, June 8, 2007, Mother's counsel reported to GAL that Father informed Mother that the minor child is being punished and his punishment includes: no longer being allowed to visit his Mother and not being allowed to attend summer school. 14. GAL believes it is in the minor child's best interest to attend summer school and that Father will not facilitate the minor child's attendance at summer school. The Father has admitted that he will not pay for summer school. GAL believes that Mother will arrange for the minor child to attend summer school. 15. GAL has concerns regarding the Mother's home environment, specifically the physical condition of the home and the sleeping arrangements for the minor child. WHEREFORE, GAL respectfully requests that the Court address the following issues at the Custody Conciliation Conference scheduled for June 18, 2007: a) Minor child shall attend summer school. b) Father shall ensure that the minor child have a minimum of two visits per week with Mother. 6//4/07 Date Respectfully submitted, Katherine Fitz-Pat ck Certified Legal Intern ?L u ?1? c ton Walsh Kate Cramer Lawrence Supervising Attorneys Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 LESLEY J. THOMAS, Petitioner, vs. HARRY THOMAS, JR., Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2268 CIVIL TERM CUSTODY AND NOW, this A day o O ER OF Cs OURT L , upon consideration of the Petition For Special Relief, the following order is entered: a. Respondent shall immediately return custody of the minor child, Trevor Thomas, to Petitioner. -?-ln e Q?? ins aae c?:?ree.?? b. Until the custody conciliation oa-Amie, 007 ' to comb\r a% 4\ -'k? e- exts?inJc opOe-e. c. Any further changes necessary to further the child's best interests will be addressed at a custody conciliation conference. i exxieir A LESLEY J. THOMAS, IN THE COURT OF COMMON PLEAS OF Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-2268 CIVIL TERM HARRY THOMAS, JR., Respondent CUSTODY 01 PETITION FOR SPECIAL RELIEF ' : crf Petitioner, Lesley Burns, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 36 Town Mills, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Respondent resided at 1 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257 until the weekend of May 25, 2007, when he moved to an unknown address on Broad Street in Shippensburg. 3. Mother is the natural and biological parents of the minor child Trevor Thomas, born July 15, 2007. Respondent adopted Trevor after the parties married in 1995. 4. The parties have a Custody Order entered on March 14, 2007, by The Honorable Judge Kevin A. Hess. This Order was entered subsequent to a custody conciliation conference held on February 22, 2007. ' 5. The Order sets forth a detailed custody schedule which, in pertinent part, grants the parties shared legal custody and outlines a schedule granting Mother primary physical custody during the week and granting Father periods of partial physical custody on weekends. Since the parties lived virtually next door to each other, they were ordered to respect the child's desires to visit between the homes at times not specified through the Order. 6. The parties were scheduled for a hearing on May 30, 2007, before the Honorable Judge Kevin A. Hess. With the expectation of a good faith effort to resolve this matter, Mother agreed to continue the hearing and try to negotiate a resolution to this case. 7. This matter is scheduled for conciliation on June 18, 2007, before the conciliator, Hubert X. Gilroy, Esquire. 8. Defendant is not acting in Trevor's best interests for reasons including, but not limited to, the following: a. Respondent has knowingly and deliberately refused to comply with the existing Order. i. Immediately following the custody conciliation Respondent took custody of the minor child and refused to return him to Mother's custody. ii. Since the custody conciliation, the minor child has not spent a single night at Mother's residence. iii. The minor child has repeatedly advised Mother that Respondent will not allow him to stay with Mother and that Respondent asserts that he "won" the custody case and Mother is no longer permitted any overnight visits with the minor child. iv. Mother's opportunities for time with Trevor were limited to minimal visits when the child is outside or able to slip across the street to her home. v. During the weekend of May 25, 2007, Respondent moved to another residence and took Trevor with him, effectively precluding Mother from having even minimal periods of time with Trevor. vi. On May 29th, Mother and Trevor reached an agreement for a weekend visit from June 2nd - June 3rd. Immediately after the arrangements were made, Trevor called Mother to advise that Respondent would not permit the overnight visit and that Mother could only have daytime visits on Saturday and Sunday. On May 30th, Mother received a message from Respondent's paramour stating that they had purchased a ticket for Trevor to attend a birthday party all weekend and Mother would not be able to visit with Trevor for the upcoming weekend. vii. Despite all attempts to work cooperatively with Respondent, Mother's attempts to maintain her relationship with Trevor have been thwarted. b. Defendant's failure to actively participate in Trevor's education has jeopardized Trevor's academic performance. i. Trevor resided with Respondent for the third and fourth marking periods and in that time, his grades have declined drastically and he will likely only receive a social promotion to tenth grade, requiring him to take summer school classes as well as other ninth-grade courses during his tenth grade year. ii. While still living with Mother, Trevor was accepted to the Vocational- Technical Program. Based on his grades since the third marking period, when Respondent began to withhold custody from Mother, that opportunity was lost. iii. After significant work by the school and the Children's Advocacy Clinic, special circumstances were established under which Trevor would have the opportunity to attend the Vocational-Technical Program, despite his current academic performance. If Trevor improved his grades to pass English, Wellness/Fitness and Civics, he could take Biology and World History during summer school. That would allow him to take the Vocational-Technical prerequisite during the fall of his tenth grade year and go to the Vocational-Technical Program in the spring. This was the first time such accommodations were made for any student in this situation. iv. During a conference with Mother, Respondent, Mother's counsel, Trevor's counsel and the school guidance counselor, the parties were provided with information about the summer school programs available to Trevor. The guidance counselor repeatedly explained to the parties and to Trevor what Trevor needed to accomplish by the end of the academic year to still attend the Vocational Technical Program. v. Despite all efforts by the school, the Children's Advocacy Clinic and Mother, Respondent did nothing to encourage Trevor's academic performance and for the academic year, Trevor has failed Biology, English and Civics. vi. As a result of Trevor's final grades the opportunity to catch up through summer school courses and still attend the Vocational Technical program in Spring 2008 is lost. vii. Respondent advised the Children's Advocacy Clinic that he will not contribute financially to the cost of summer school and remains uninterested in Trevor's educational success. The money for summer school is due June 8, 2007, and Respondent's refusal to contribute financially leaves Mother responsible for the $300 tuition. viii. Respondent failed to support tutoring for Trevor so that Trevor could achieve satisfactory grades. c. Respondent refuses to comply with medically prescribed treatment for Trevor's diagnosed Attention Deficit Hyperactivity Disorder which negatively impacts on Trevor's well-being. i. Trevor was prescribed medication by his treating physician to address his ADHD diagnosis. ii. Respondent does not agree with either the diagnosis or the medication and refuses to give Trevor his prescription medications. iii. Since Trevor stopped taking the medication on a consistent schedule, his behavior, attitude and academic performance have suffered as demonstrated by his grades since the third term when Respondent began to withhold Trevor in violation of the existing Order. 9. Mother is the parent who can presently best provide for Trevor for reasons including, but not limited to, the following a. When Trevor resided with Mother, his grades were satisfactory and he was clearly on track to graduate from the ninth grade with the rest of his class. b. Mother actively involved herself in Trevor's academics by checking his grades and communicating with school personnel for updates on Trevor's performance. c. Mother volunteered to help Trevor with his homework for the remainder of the year, paid to have Trevor tested at The Sylvan Learning Center and tried to arrange tutoring for him. d. While in Mother's custody, Trevor took his medication as prescribed and Mother understood the necessity of following the doctor's recommendations. e. When Trevor lived primarily with Mother, she permitted Trevor to freely go between her home and Respondent's home and encouraged the father/son relationship. Mother has repeatedly emphasized her willingness to work cooperatively with Respondent to put Trevor's interests before their personal disagreements. f. Mother will continue to ensure that Respondent is able to maintain a father/son relationship with Trevor. g. Mother fears that Respondent's behaviors subject Trevor to a limited future and do not serve his best interests. 10. Without this Court's intervention, Trevor is at risk of being harmed by Respondent's interference with the mother/son relationship and by Respondent's disinterest in Trevor's academic future. 11. Counsel for Mother has requested concurrence from both Attorney Palermo, on behalf of Respondent and the Children's Advocacy Clinic, on behalf or Trevor. Despite repeated attempts to contact Attorney Palermo, there has been no response to this Counsel's request for concurrence. The Children's Advocacy Clinic's concurrence is limited to Mother's allegations in her Petition for Special Relief in that: (1) Father has and continues to demonstrate a lack of ability to foster Trevor's academic performance, and (2) Father has significantly interfered with Mother's access to Trevor. WHEREFORE, Mother respectfully requests that the Court order the following: a. Respondent shall immediately return custody of the minor child, Trevor Thomas, to Petitioner. b. Until the June 18, 2007 custody conciliation, Respondent's periods of physical custody shall be on alternating weekends from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m. c. Any further changes necessary to further the child's best interests will be addressed at a custody conciliation conference. IX submitted, Jes c Holst, Esquire Mi Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 i LESLEY J. THOMAS, PLAINTIFF/PETITIONER V. HARRY THOMAS, JR., DEFENDANT/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2268 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Katherine Fitz-Patrick, Certified Legal Intern, Children's Advocacy Clinic, hereby certify that I served a true and correct copy of the Answer to Petition for Special Relief and New Matter by First Class mail to: 1,114107 Date Jessica Hoist, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 7 -P Katherine Fitz-Patrick Certified Legal Intern 1 ucy o st -Walsh Supe ing Attorney Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 t 't { JUN 212007 fl LESLEY J. THOMAS, Plaintiff v HARRY D. THOMAS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-2268 IN CUSTODY COURT ORDER AND NOW, this Z-i day of June, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's prior Order of March 14, 2007, is vacated and replaced with the following: 1. Mother, Lesley J. Thomas, and the Father, Harry D. Thomas, Jr., shall enjoy shared legal custody of Trevor Thomas, born July 15, 1991. 2. Physical custody shall be handled as follows: a. Mother shall have physical custody from Wednesday afternoon of each week at noon or when the child is released from Summer School, until the following morning. If the child has School the following morning, Mother shall deliver the child to School. If there is no School on that Thursday morning, Mother shall return the child to the Father's home at 9:00 a.m. b. Mother shall also have custody every Saturday from 9:00 a.m. until Sunday at 9:00 a.m. C. Father shall have physical custody of the minor child at the times that the Mother does not have custody. 3. The minor child is directed to attend Summer School in accordance with the registration that Mother made on behalf of the child. Mother shall pay for the cost of Summer School classes. Additionally, Mother shall provide transportation for Summer School with Mother picking up the child at 7:30 a.m. each weekday morning when School is in session. Father is directed that he shall cooperate in connection with the Summer School classes and shall ensure that the child shall be prepared to attend Summer School at 7:30 a.m. each weekday when classes are scheduled. 4. In the event Mother makes arrangements either through her own financial resources or through some program or granting agency to obtain an evaluation of the minor child or to have the child scheduled for any health related (including glasses) appointments with a medical professional, Father shall ensure that the child shall be in attendance to said sessions as long as Mother provides all q VlN'a'ti MN C Q' E Wd I Z Nn! LUOL transportation. Father is directed to cooperate upon Mother giving Father reasonable notice of the scheduling of any counseling sessions or appointments with a doctor or eye doctor. 5. The parties and their attorneys shall meet with the Custody Conciliator for another conference on August 10, 2007 at 10:30 a.m. At this Conciliation Conference, the Conciliator shall review the progress of custody in this case. In the event that the parties are unable to reach an agreement on a permanent Order, the Conciliator may refer the case to the Court for the scheduling of a hearing. BY THE COURT, AL Kevin A. Mess, Judge cc: 1 Rominger, Esquire- / sssica Holst, Esquire-e L atherine Fitz-Patrick, Certified Legal Intern F:WILES\GeneratCwmnt\12321\12321.1.thomasvthomas LESLEY J. THOMAS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v HARRY D. THOMAS, JR., Defendant : CIVIL ACTION - LAW NO. 2000-2268 IN CUSTODY Prior Judge: Honorable Kevin A. Hess, Judge CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Trevor Thomas, born July 15, 1991. 2. A Conciliation Conference was held on June 18, 2007, with the following individuals in attendance: The mother, Lesley J. Thomas, with her counsel, Jessica Holst, Esquire; and the father, Harry D. Thomas, Jr., his counsel, Karl Rominger, Esquire. Additionally, Katherine Fitz- Patrick, Certified Legal Intern, of the Dickinson School of Law Family Law Clinic, appeared as Guardian ad litem for the minor child. 3. There was a prior Order from March 14, 2007, that gave Mother primary custody, with Father having custody on the weekends. However, that Order also suggested that each parent was required to give deference to the minor child with respect to his desires. Since that time, Mother has not had primary custody and, in fact, the child has resided primarily with Father. 4. The child flunked three courses during the fourth quarter in the ninth grade and requires Summer School courses. Mother paid for and made arrangements for the Summer School. Based upon the information the Conciliator received at the Conciliation Conference, the Conciliator recommends the Order in the form as attached. Date: ( - f 1--2 6, (d-7 Hubert X. Gilroy, Custody Conciliat Lesley J. Thomas, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Michael O. Palermo, Jr., Esquire of Rominger & Associates who files this Motion to Withdraw, and in support thereof, avers as follows: 1. Undersigned counsel was retained by Defendant for the above custody matter in November 2006. 2. Undersigned counsel has prepared and filed all custody pleadings since December of 2006 along with attending all custody hearings. 3. Undersigned counsel taking into account the Defendant's financial situation quoted Defendant a fee of $450.00 for filing a Custody Modification and attending conciliation and to date counsel has only received a total of $145.00 towards the aforementioned fee. 4. Undersigned counsel has attended several conciliations and several domestic relations hearings on Defendant's behalf since the initial filing of the Custody Modification. 5. Undersigned counsel informed Defendant in an August 23, 2007, letter that a substantial payment would be needed to ensure his representation in the future. 6. Defendant has not paid undersigned counsel to date and has an outstanding balance of $860.00 due to undersigned counsel for all work done since November 2006. WHEREFORE, Attorney Michael O. Palermo, Jr., Esquire respectfully requests that he be allowed to withdraw as counsel for the Defendant in the above captioned case. Date: Respectfully submitted, RONUNGER & ASSOCIATES Michael O. Palermo, Jr., squire 155 South. Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant Lesley J. Thomas, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY VERIFICATION Michael O. Palermo, Jr., Esquire, states that he is the attorney for Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. .W. F Date: Michael O. Palermo, , Esquire Attorney for Defendant Lesley J. Thomas, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Motion to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Harry Thomas 28 Broad Street Shippensburg, PA 17257 Lucy Johnston-Walsh Children's Advocacy Clinic Dickinson School of Law 45 N. Pitt Street Carlisle, PA 17013 Lesley (Thomas) Burns Co Jessica Holst 401 East Louther Street, Suite 103 Mid Penn Legal Services Carlisle, PA 17013 Date: 44?1 Michel OP alemi-, Jr., Esq. ?V 9 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant z c ' ? i rx-r? j rn Lesley J. Thomas, Plaintiff V. Harry Thomas, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2268 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY AMENDMENT TO MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Harry Thomas, Jr., by and through his counsel, Michael O. Palermo, Jr., Esquire and amends his Motion to Withdraw as Counsel as follows: 1. The Honorable Kevin A. Hess entered a Custody Order on the above captioned case on March 14, 2007. Respectfully submitted, ROMINGER & ASSOCIATES Date: • ?kA?M,kA--- Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant Lesley J. Thomas, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Amendment to Motion to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Harry Thomas 28 Broad Street Shippensburg, PA 17257 0?yj?> zeaq- Date: Lucy Johnston-Walsh Children's Advocacy Clinic Dickinson School of Law 45 N. Pitt Street Carlisle, PA 17013 Lesley (Thomas) Burns Co Jessica Holst 401 East Louther Street, Suite 103 Mid Penn Legal Services Carlisle, PA 17013 Michel O. Palermo, Jr., Esq. 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant _'' ?:_, °'+t 7:-. -., ? _ ° ' _ r''.. ?.? 'r' 4 t AUG a o zom ?r Lesley J. Thomas, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY RULE TO SHOW CAUSE AND NOW, this 7 ' day of X A-r,b , 2007, upon consideration of the foregoing Petition, it is hereby Ordered that: 1. A Rule is issued upon the Defendant, Harry Thomas, Jr. to show cause why the Defendant's attorney is not entitled to the relief requested; 2. The Defendant shall file an answer to the Petition within twenty (20) days of service upon him; 3. Petition shall be decided under Pa.R.Civ.P. 206.7; I -5. *r9WITW .off omo?_ +,a,.ok 6. Notice of Entry of this Order shall be provided to all parties by Defendant's attorney. C-ce am sta3WA.Pwdiae rmalwieft of this It, A<4 Distribution: Michael O. Palermo, Jr., Esquire Lucy Johnston-Walsh, Esquire Harry Thomas Leslie (Thomas) Bums c/o Jessica Holst, Esquire By the Court: VIP A"MNN3d Abwm- S Z . I I WV L- d3S LMZ 30WHO-aM SEP 17 2007 ." .t. LESLEY J. THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW HARRY D. THOMAS, JR., NO. 2000-2268 Defendant IN CUSTODY COURT ORDER AND NOW, this c day of 2007, upon consideration of the attached Custody Conciliation report, it is ordere and directed as follows: 1. A hearing is pscheduled in Court Room No. 4 of the Cumberland County Courthouse on the o??"is" day of 2007 at /i 50 ja.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal counsel, shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. It is noted that legal counsel for Defendant, father, Harry D. Thomas, Jr., has filed a Petition to Withdraw. This parent's attorney shall insure that Mr. Thomas receives a copy of this Order. 3. Pending further Order of this Court, this Court's prior Order of June 21, 2007 shall remain in effect: BY THE 7RT, Judge ly(evin A. Hess cc: Michael Palermo, Esquire Jessica Holst, Esquire Lucy Johnston-Walsh, Esquire bINWASNjN-1-4 6 1 :Z{ Wd SZ d3S LOOZ FAFII.ES\CH=tA12321 Custody Couc NadousU2321.7 ho®aa v 71.omen Report and Order wpd or' - -- . LESLEY J. THOMAS, plaintiff v HARRY D. THOMAS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-2268 IN CUSTODY Prior Judge: Honorable Kevin A. Hess, Judge CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator conducted a telephone conference with legal counsel for the parties and it was determined that a hearing is necessary in this case. The Conciliator recommends an Order in the form as attached. Date: 1/1-7 ler-7 ubert X.,Odroy, Esquire Lesley J. Thomas, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY PETITION TO MAKE RULE ABSOLUTE 1. Undersigned counsel filed a Petition to Withdraw as Counsel on August 29, 2007. 2. This Honorable Court issued a Rule to Show Cause on Plaintiff on September 7, 2007. Attached as Exhibit "A". 3. As of November 6, 2007, no Answer was entered by the Plaintiff. WHEREFORE, your Petitioner respectfully requests this Honorable Court enter an Order making the Rule Absolute and granting Petitioner permission to withdraw as counsel for Defendant, Harry Thomas Jr. Respectfully submitted, ROMINGM& ASSOCIATES Michael O. Palermo*,*? Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Date: November 6, 2007 t w Lesley J. Thomas, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Order to Make Rule Absolute upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Lucy Johnston-Walsh, Esquire Dickinson School of Law Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 Jessica Holst, Esquire Mid-Penn Legal Services 401 East Louther Street Carlisle, PA 17013 Harry Thomas 28 Broad Street Shippensburg, PA 17257 Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, Jr., uire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #93334 Dated: November 6, 2007 [? ? C ,•,; ? '? ,,,,?? ?rsl F=-. _ ' ? s.?, ? ., " - _ a y'_. T ?_ ...-.a. -.4 .. `? > ---' C3 :'.?? `.y .,,` I? Lesley J. Thomas, Plaintiff V. Harry Thomas, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2268 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY AMENDED PETITION TO MAKE RULE ABSOLUTE 1. Undersigned counsel filed a Petition to Withdraw as Counsel on August 29, 2007. 2. The Honorable Kevin A. Hess issued a Rule to Show Cause on Plaintiff on September 7, 2007. Attached as Exhibit "A". 3. As of November 6, 2007, no Answer was entered by the Plaintiff. 4. Opposing counsel has been contacted and concurs with the Petition to Make Rule Absolute. WHEREFORE, your Petitioner respectfully requests this Honorable Court enter an Order making the Rule Absolute and granting Petitioner permission to withdraw as counsel for Defendant, Harry Thomas Jr. Respectfully submitted, ROMINGE ASSOCIATES Michael O. Palermo, ., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Date: November 13, 2007 1 Lesley J. Thomas, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Order to Make Rule Absolute upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Lucy Johnston-Walsh, Esquire Dickinson School of Law Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 Jessica Holst, Esquire Mid-Penn Legal Services 401 East Louther Street Carlisle, PA 17013 Harry Thomas 28 Broad Street Shippensburg, PA 17257 Respectfully submitted, ROMINGER & ASSOCIATES I-- Michael O. Palermo, Jr., ire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #93334 Dated: November 13, 2007 CA NOV 0 7 2001 Lesley J. Thomas, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY ORDER TO MAKE RULE ABSOLUTE AND NOW, this l( `day of 2007, a Rule to Show Cause having been issued on Defendant, Harry Thomas, Jr., dated September 7, 2007, and Defendant failing to Answer, the RULE IS MADE ABSOLUTE. The relief requested by Petitioner is hereby granted. Attorney Michael O. Palermo, Jr., is granted permission to withdraw as counsel for Defendant, Harry Thomas, Jr. By the Court: Distribution: ,Michael O. Palermo, Jr., Esquire Lucy Johnston-Walsh, Esquire .,""ssica Holst, Esquire for Plaintiff ,,.,Xarry Thomas J ?R A ' r? d© RE: Failure to Comply with Cumberland County Local Rule 208 Page 1 of 1 Calvanelli, Melissa From: Calvanelli, Melissa Sent: Friday, November 09, 2007 3:33 PM To: 'Mike Palermo (palermo@romingerlaw.com)' Subject: Notice of Failure to Comply with Local Rule - AMENDMENT REQUIRED Importance: High RE: Failure to Comply with Cumberland County Local Rule 208.3(a) Petition to Make Rule Absolute 00-2268 - Thomas v. Thomas Dear Mr. Palermo, Please note that due to your failure to comply with Cumberland County Local Rule 208.3 (a)(2) and/or Rule 208.3(a)(9), your motion will be held in the Court Administrator's Office until an amendment containing the missing information is filed in the Prothonotary's Office. If after two notices no amendment has been filed, your motion will be sent back to the Prothonotary's office and placed in the file and no further action will be taken. Rule 208.3(a). Motions. (2) The motion shall state whether or not a Judge has ruled upon any other issue in the same or related matter, and, ifso, shall specify the judge and the issue. (9) All motions and petitions shall contain a paragraph indicating that the concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief Please note that you do not need to file an additional proposed order or provide additional envelopes for service. Your amendment will be attached to the original motion. Please feel free to contact me if you have any questions or concerns regarding this matter. Sincerely, Melissa H. Calvanelli Assistant Court Administrator 11/9/2007 • . Lesley J. Thomas, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-2268 CIVIL TERM Harry Thomas, Jr., CIVIL ACTION- LAW Defendant : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Defendant, Harry Thomas in the above captioned case. Date: Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 t1. Lesley J. Thomas, Plaintiff V. Harry Thomas, Jr., Defendant (i4p- 1111q, ?N -k &S4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2268 CIVIL TERM : CIVIL ACTION- LAW : IN CUSTODY ORDER TO MAKE RULE ABSOLUTE AND NOW, this Am day ofULV "f&-, 2007, a Rule to Show Cause having been issued on Defendant, Harry Thomas, Jr., dated September 7, 2007, and Defendant failing to Answer, the RULE IS MADE ABSOLUTE. The relief requested by Petitioner is hereby granted. Attorney Michael O. Palermo, Jr., is granted permission to withdraw as counsel for Defendant, Harry Thomas, Jr. By the Court: Distribution: Michael O. Palermo, Jr., Esquire Lucy Johnston-Walsh, Esquire Jessica Holst, Esquire for Plaintiff Harry Thomas IS J. 71 U0• LESLIE THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-2268 CIVIL HARRY THOMAS, Defendant ORDER AND NOW, this i 9'' day of December, 2007, it is ordered and directed that: 1. The parties, Harry Thomas (Father) and Leslie Thomas Johnson (Mother) shall share legal custody of the minor child, Trevor Thomas. 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 well being including, but not limited to, all decisions regarding health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, and the residence address of the child and the other parent; 2. Father shall have primary physical custody of minor child; 3. Mother shall have periods of partial physical custody, commencing December 27, 2007, every other weekend from Thursday at 5:00 p.m. until Sunday at 5:00 p.m. More frequent and/or longer visits may be implemented by agreement. Mother shall have custody of Trevor during any period in the summer when and if she takes a vacation from work, upon thirty (30) days' notice to the father; 4. In addition, mother shall have physical custody of Trevor from 10:00 a.m. until 8:00 p.m. on the following holidays: Mother's Day, Memorial Day, Independence Day, Labor Day, and New Year's Day. L -V 5. In addition, Mother shall have physical custody of Trevor from 12:00 noon until 4:00 p.m. on the following holidays: Easter, Trevor's birthday, Thanksgiving and Christmas Day; 6. Father shall have physical custody of Trevor on Father's Day; 7. Father and Mother shall continue counseling services for Trevor; and 8. The appointment of the Penn State Dickinson School of Law Children's Advocacy Clinic shall continue, as ordered by this court on March 14, 2007, to monitor the child's best interests related to this order of court. BY THE COURT, --I? 7 Kevin . Hess, J. t/ essica Hoist, Esquire For the Plaintiff ,Aarry Thomas, Pro Se 28 Broad Street Shippensburg, PA 17257 Xchelle Wirth, Certified Legal Intern Guardian Ad Litem :rim WtiVA14NN3d I q I S •Z Nd 6 t 330 LOOZ I?j5L?