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HomeMy WebLinkAbout02-5646KEVIN B. THRUSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW No. a- ?yG '/G. LYNELLE N. ROHRER, Defendant IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 (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 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. KEVIN B. THRUSH, Plaintiff V. LYNELLE N. ROHRER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. Od- .Sfo1Y L-"Ll IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Kevin B. Thrush, by his attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody: The Plaintiff is Kevin B. Thrush, an adult individual residing at 103 Tower Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Lynelle N. Rohrer, an adult individual currently residing at 103 Tower Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two (2) minor children, namely Caleb M. Thrush, born January 12, 1998 and Tyler L. Thrush, born November 4, 1999. 4. The Plaintiff desires partial physical custody of the minor children, Caleb M. Thrush and Tyler L. Thrush, and joint legal custody. 5. The best interests and permanent welfare of the minor children requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Kevin B. Thrush, respectfully requests that he be awarded joint legal custody with Defendant and be awarded partial physical custody of Caleb M. Thrush and Tyler L. Thrush, as provided herein. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Douglas Miller, Esquire Supreme ourt I. D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Date: November 21, 2002 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head 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 unswom falsification to authorities. VIN B. THRUSH Date: November 18, 2002 ?? ? p p R 7 - l o O _ `? ? ; 1 KEVIN B. THRUSH, Petitioner V. LYNELLE N. ROHRER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . No. Oc) - -'?iU31 IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this IIQ414`' day of 2002, by and between KEVIN B. THRUSH (hereinafter referred to as "Father"), and LYNELLE N. ROHRER (hereinafter referred to as "Mother"). WHEREAS, Father and Mother are the natural parents of Caleb M. Thrush, born Janaury 12, 1998 and Tyler L. Thrush, born November 4, 1999; and WHEREAS, Father and Mother desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for their minor children, to be in effect hereafter and until altered by subsequent Order of Court; and WHEREAS, Father and Mother desire to confirm their agreement relative to custody of the minor children and execute a Stipulation and Agreement to effect the same. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: I . The parties shall have shared legal custody of Caleb M. Thrush and Tyler L. Thrush. All non-emergency decisions affecting the childrens' growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with a view towards obtaining and following the children's best interests which decisions shall include, but not limited to: choice of camp, if any; medical and dental treatment; education; scholastic or athletic pursuits and other extracurricular activities. 2. Mother shall have primary physical custody of Caleb M. Thrush and Tyler L. Thrush. 3. Father shall have temporary physical custody of Caleb M. Thrush and Tyler L. Thrush every weekend from Friday at 4:00 p.m. until Sunday at 10:00 p.m., at which time Mother shall return from work and be available for custody exchanges. 4. In addition to Father's times of temporary custody in Paragraph Three (3) above, all holidays shall be shared as is mutually agreed upon by the parties. In Particular, Mother shall have custody of the children every year on Mother's Day and Father shall have custody of the children every on Father's Day at such times as are mutually agreed upon by the parties. 5. Transportation for Father's periods of temporary physical custody shall be provided by Father. 6. The parties will keep each other advised immediately relative to any emergencies concerning the minor children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, 2 each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. 7. The parties agree that there shall be reasonable telephone contact with the children during the periods when the children are not in the custody of that party. 8. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 9. Neither party shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 11. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, and birth certificates. To the extent one parent has possession of any records or information, that parent shall be responsible to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents may and are encouraged to attend school conferences and activities. 3 12. Neither party shall remove the children from the Commonwealth of Pennsylvania except for vacations when said party has custody of the minor children as provided herein. Each parent agrees to inform the other parent if he or she desires to remove the children from the Commonwealth of Pennsylvania by providing notice at least seven (7) calendar days prior to the anticipated date of departure. In such an instance, the party who desires to remove the children, shall provide the other parent with a general schedule of the planned vacation and its location or locations, along with a telephone number or numbers, including area code, where the children may be reached. 13. The parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children, and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 14. The parties may temporarily alter the schedule of physical custody as is mutually agreeable in order to accommodate special family events or other changes in their schedule. If the parties cannot agree on any such changes, the terms and provisions of this Order shall control. 15. Any permanent modification or waiver of the provisions of this agreement must be in writing and shall be effective only if made in writing and executed with the same formality as this Stipulation and Agreement. 4 16. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 17. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto, intending; to be legally bound by the terms hereof, set forth their hands and seals the day and year first above written. WITNESS: f7-- r KEVIN B. THRUSH Yr LLE N. ROHRER 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the ?? day of 710VE mAeiP , 2002, before me the undersigned officer, personally appeared KEVIN B. THRUSH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2003 Member, Pennsylvania Association of Notarie, COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF On this, the day of! QOlc 2002, before me the undersigned officer, personally appeared LYNELLE N. ROHRER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2003 Member, Pennsylvania Association of Notaries 6 C fl q cn -? :nit V f KEVIN B. THRUSH, Petitioner 00'd IN THE COURT OF COMMON PLEAS or" CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW . No.pa -5co'46 LYNELLE N. ROHRER, Respondent IN CUSTODY ORDER OF COURT AND NOW, this 2_ day of 2002, upon presentation and consideration of the attached stipulation and agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, J. IN apA-QD R?s U-3-0A To'. ? t???IIeR h1NVMSNN?d L a z? KEVIN B. THRUSH, Plaintiff/Petitioner V. LYNELLE N. ROHRER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2002-5646 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this _hQ6ay of September, 2006, comes the Plaintiff, KEVIN B. THRUSH, by and through his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody Order, averring as follows: 1. The Plaintiff/Petitioner, Kevin B. Thrush, is an adult individual who currently resides at 365 Hickory Road, Carlisle, Pennsylvania 17013 (hereinafter "Father"). 2. The Defendant/Respondent, Lynelle N. Rohrer, is an adult individual who currently resides at 173 North Street, Carlisle, Pennsylvania 17013 (hereinafter "Mother"). 3. On December 2, 2002, an Order was entered by the Court accepting the Stipulation signed by the parties regarding custody of their minor children, Caleb M. Thrush (born January 12, 1998, and currently age 8) and Tyler L. Thrush (born November 4, 1999, and currently age 6). A copy of said Order and Stipulation signed by the Honorable J. Wesley Oler, Jr. is attached hereto and incorporated herein by reference as Exhibit "A." 4. Mother currently has primary custody of the minor children by prior agreement of the parties. 5. Upon information and belief, an incident occurred on or about August 27, 2006 at the home of Mother in which her live-in boyfriend, Michael L. Herzog, physically assaulted one of the parties' minor children, Tyler Thrush, by punching him in the face. 6. When confronted, Mother indicated that the parties' youngest son had been taken to the Emergency Room at the Carlisle Hospital for treatment of a facial injury as a result of the child's daycare provider contacting Cumberland County Children & Youth Services. A true and correct copy of the Carlisle Police Incident Report is attached hereto and incorporated herein as Exhibit «B 7. Upon information and belief, Cumberland County Children & Youth Services are currently investigating the incident and have preliminarily required Mother not to allow her boyfriend to be alone with the parties' children, but Mother continues to allow the children to be in the sole care of her boyfriend. 2 8. Father has simultaneously herewith filed a Petition for Emergency Special Relief as a result of the incidents leading to the involvement of Cumberland County Children & Youth Services. 9. In addition, upon information and belief Mother and her boyfriend have used and continue to use and abuse drugs and illegal substances. 10. The children have furthermore exhibited severe behavioral and attention deficit problems both at home, in school, and at their daycare. 11. Father has now married and is willing and able to provide a more stable home environment for the parties' children. 12. Father desires to have primary physical custody of the parties' minor children. 13. Father desires that Mother have supervised visitation during the course of the investigation by Cumberland County Children & Youth Services, and that Mother be required to submit to regular drug testing. 3 14. The best interests and permanent welfare of the child require that the Court modify the current custody schedule as requested by Father. WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court granting his Petition for Modification of Custody Stipulation and Order thereby modifying as proposed herein the Order of Court dated December 2, 2002. Respectfully submitted, IRWIN & McKNIGHT By. Do as . A ler, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff/Petitioner, Kevin B. Thrush Date: September 15, 2006 4 VERIFICATION The foregoing document is based upon information which has been gathered by my 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. KEVIN B. THRUSH Date: ?/ Lc) EXHIBIT "A" KEVIN B. THRUSH, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA iV $ 6 20(12 V. CIVIL ACTION - LAW . No. Da -5 tu'4lo LYNELLE N. ROHRER, Respondent IN CUSTODY ORDER OF COURT n? AND NOW, this day of 2002, upon presentation and consideration of the attached stipulation and agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. TRUE COPY FROM RECORD M Testimony whetnof, t Mere wi% set my hAfd an a so t of s i Coi;?F P tarilsis, PL T ......... a o ..?..:..i f` . . .......... .. . Pro honotary, r KEVIN B. THRUSH, Petitioner V. LYNELLE N. ROHRER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . No. Ooq - ?5CQ I' IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this to,,4f? day of 2002, by and between KEVIN B. THRUSH (hereinafter referred to as "Father"), and LYNELLE N. ROHRER (hereinafter referred to as "Mother"). WHEREAS, Father and Mother are the natural parents of Caleb M. Thrush, born Janaury 12, 1998 and Tyler L. Thrush, born November 4, 1999; and WHEREAS, Father and Mother desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for their minor children, to be in effect hereafter and until altered by subsequent Order of Court; and WHEREAS, Father and Mother desire to confirm their agreement relative to custody of the minor children and execute a Stipulation and Agreement to effect the same. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have shared legal custody of Caleb M. Thrush and Tyler L. Thrush. All non-emergency decisions affecting the childrens' growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with a view towards obtaining and following the children's best interests which decisions shall include, but not limited to: choice of camp, if any; medical and dental treatment; education; scholastic or athletic pursuits and other extracurricular activities. 2. Mother shall have primary physical custody of Caleb M. Thrush and Tyler L. Thrush. 3. Father shall have temporary physical custody of Caleb M. Thrush and Tyler L. Thrush every weekend from Friday at 4:00 p.m. until Sunday at 10:00 p.m., at which time Mother shall return from work and be available for custody exchanges. 4. In addition to Father's times of temporary custody in Paragraph Three (3) above, all holidays shall be shared as is mutually agreed upon by the parties. In particular, Mother shall have custody of the children every year on Mother's Day and Father shall have custody of the children every on Father's Day at such times as are mutually agreed upon by the parties. 5. Transportation for Father's periods of temporary physical custody shall be provided by Father. 6. The parties will keep each other advised immediately relative to any emergencies concerning the minor children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, 2 each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. 7. The parties agree that there shall be reasonable telephone contact with the children during the periods when the children are not in the custody of that party. 8. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 9. Neither party shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 11. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, and birth certificates. To the extent one parent has possession of any records or information, that parent shall be responsible to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents may and are encouraged to attend school conferences and activities. 3 12. Neither party shall remove the children from the Commonwealth of Pennsylvania except for vacations when said party has custody of the minor children as provided herein. Each parent agrees to inform the other parent if he or she desires to remove the children from the Commonwealth of Pennsylvania by providing notice at least seven (7) calendar days prior to the anticipated date of departure. In such an instance, the party who desires to remove the children, shall provide the other parent with a general schedule of the planned vacation and its location or locations, along with a telephone number or numbers, including area code, where the children may be reached. 13. The parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children, and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 14. The parties may temporarily alter the schedule of physical custody as is mutually agreeable in order to accommodate special family events or other changes in their schedule. If the parties cannot agree on any such changes, the terms and provisions of this Order shall control. 15. Any permanent modification or waiver of the provisions of this agreement must be in writing and shall be effective only if made in writing and executed with the same formality as this Stipulation and Agreement. 4 16. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 17. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year first above written. WITNESS: t KEVIN B. THRUSH LLE N. ROHRER 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the day of 7)QVe ta7 Qc jP , 2002, before me the undersigned officer, personally appeared KEVIN B. THRUSH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. Notarial Seal F/ (SEAL) Martha L. Ncel, Notary Public NOtaly PV C, It Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2003 Member, Pennsvlvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF On this the )s day of,Qjyl.Qk 2002, before me the undersigned officer, personally appeared LYNELLE N. ROHRER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2003 Member, Pennsylvania Association of Notaries 6 EXHIBIT "B" (DrSIPINC) DISPATCH INCIDENT: 20060801674 CAR CALL TYPE: UNKNOWN PROBLEM DJR2 UCFPCARM PAGE: 1 LOCATION GRID CCL UCR IPG DISPO PRI ------------------------------------------------------------------------------ 00173 E NORTH ST 0200 460 0000 N 03 5 ALARM CTAK DPAT VEH-REGISTRAT MAKE DATE RECV DISP ARRV CLR TOTT REP ------------------------------------------------------------------------------ N RLH1 RLH1 20060830 2031 2041 2043 2123 0052 N UNIT BADG OFFICER ------------------------------------------------------------------------------ 21 21 CLEPPER MICHAEL T 20060830 2041 2043 2123 NAMES: THRUSH KEVIN (C) 717 249 1848 FATHER ROHRER LYNELLE (0) 999 999 9999 MOTHER HERZOG MICHAEL (0) 999 999 9999 PARAMOUR THRUSH TYLER (0) 999 999 9999 CHILD COMMENTS: KEVIN THRUSH REQUESTED WE CHECK ON HIS KIDS AT 173 E NORTH STREET. HE STATED HE GOT WORD THAT THE BOYFRIEND HURT ONE OF THE KIDS AND THEY WERE AT THE HOSPITAL MONDAY. HE STATED HE WANTED THE KIDS REMOVED AND WAS TOLD IF THEY WERE IN NO DANAGER THAT WOULD NOT BE DONE. HE WAS AD- VISED WE WOULD CHECK ON THE KIDS AND HE SHOULD TALK WITH CHILDREN AND YOUTH. 21 ON CALL I CHECKED ON THE WELFARE OF THE CHILDREN. ALL WAS FINE EXCEPT FOR A BRUISE ON THE FACE OF TYLER THRUSH THAT OCCURRED ON 8/27/06. MOTHER, LYNELLE ROHRER SAID THAT THE INCIDENT WAS ALREADY REPORTED TO C&Y BY HER CHILDCARE PROVIDER, MAGIC YEARS AND THAT SHE HAS ALREADY MET WITH CURRIN DALY FROM C&Y. I CALLED ON CALL C&Y AGENT KELLY AND SHE CONFIRMED THAT THEY ALREADY ARE ON THE CASE AND THAT THE CHILD HAS BEEN EXAMINED BY DR RANKIN. I CALLED JEFF THRUSH BACK AND RELAYED INFO TO HIM AND HE WILL CALL C&Y IN THE MORNING. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of foregoing document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: LYNELLE N. ROHRER 173 EAST NORTH STREET CARLISLE, PA 17013 IRWIN & McKNIGHT r Douglas G 'ller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney for the Plaintiff/Petitioner Date: September 15, 2006 {"-? r?-? ?. R. ? ?r ? ?h -'r-; ? ? ?? ?? ?' ? ?" ? s?.:: -< KEVIN B. THRUSH, Plaintiff/Petitioner V. LYNELLE N. ROHRER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2002-5646 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL EMERGENCY RELIEF AND NOW, comes the Plaintiff/Petitioner, Kevin B. Thrush, by and through his attorneys, Irwin & McKnight, and files this Petition for Special Emergency Relief as follows: 1. The Petitioner, Kevin B. Thrush, is an adult individual who currently resides at 365 Hickory Road, Carlisle, Pennsylvania 17013 (hereinafter "Father"). 2. The Respondent, Lynelle N. Rohrer, is an adult individual who currently resides at 173 North Street, Carlisle, Pennsylvania 17013 (hereinafter "Mother"). 3. On December 2, 2002, an Order was entered by the Court accepting the Stipulation signed by the parties regarding custody of their minor children, Caleb M. Thrush (born January 12, 1998, and currently age 8) and Tyler L. Thrush (born November 4, 1999, and currently age 6). A copy of said Order and Stipulation signed by the Honorable J. Wesley Oler, Jr. is attached hereto as Exhibit "A" and incorporated herein by reference thereto. 4. Mother currently has primary custody of the minor children by prior agreement of the parties. 5. Mother currently resides with her boyfriend, Michael L. Herzog. 6. Upon information and belief, an incident occurred on or about August 27, 2006 at the home of Mother in which her boyfriend, Michael L. Herzog, physically assaulted one of the parties' minor children, Tyler Thrush, by punching him in the face. 7. On or about August 30, 2006, Father became aware of the incident and attempted to speak with Mother and the children. 8. Father contacted the Carlisle Police Department in order to check on the welfare of the parties' minor children because Mother refused to allow Father to see or speak with his children or otherwise tell him what had occurred. 9. When confronted, Mother indicated that the parties' youngest son had been taken to the Emergency Room at the Carlisle Hospital for treatment of a facial injury as a result of the child's daycare provider contacting Cumberland County Children & Youth Services. A true and correct copy of the Carlisle Police Incident Report is attached hereto and incorporated herein as Exhibit "B." 10. Upon information and belief, Cumberland County Children & Youth Services are currently investigating the incident and have preliminarily required Mother not to allow her boyfriend to be alone with the parties' children. 2 11. Upon information and belief, however, Mother does not require her boyfriend's contact with the children to be supervised as required by Cumberland County Children and Youth Services pending the outcome of their investigation. 12. Upon information and belief, Mother continues to allow Mr. Herzog to have unsupervised contact with the children while she is at work and on other occasions. 13. The best interests of Caleb M. Thrush and Tyler L. Thrush require that physical custody be transferred to the Father, and simultaneously herewith Father has petitioned to modify the current Order of Court to grant Father primary custody of the parties' minor children. 14. The best interests of the children requires that as long as the Respondent continues to reside with Michael Herzog, that her periods of temporary custody be supervised. WHEREFORE, Petitioner, Kevin B. Thrush, respectfully requests this Honorable Court to grant primary custody of the children, Caleb M. Thrush and Tyler L. Thrush, to the Petitioner, Kevin B. Thrush, and to grant Mother only periods of supervised temporary custody while she continues to reside with her boyfriend.. Respectfully submitted, IRWIN & McKNIGHT By: " Douglas it. Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Date: September 14, 2006 Attorney for the Plaintiff/Petitioner 3 VERIFICATION The foregoing document is based upon information which has been gathered by my 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. KEVIN B. THRUSH Date: 9- ? 6 ? EXHIBIT "A KEVIN B. THRUSH, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA •? Z 6 2002 V. CIVIL ACTION -LAW . No. 03 -5Co410 LYNELLE N. ROHRER, Respondent IN CUSTODY ORDER OF COURT n? AND NOW, this day of b , 2002, upon presentation and consideration of the attached stipulation and agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. TRUE COPY FROM RECORD M Testimony whereof, f kit Ad "set my hard an a stal of sai rotrf 1?C//a0'1$1etph. T ....... .. a o .?./rw+?..r.A, f r . .......... .. .. .. .. Pro honotary KEVIN B. THRUSH, Petitioner V. LYNELLE N. ROHRER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . No. 0ol - 0A4 IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this 1''``" day of SV,'P 2002, by and between KEVIN B. THRUSH (hereinafter referred to as "Father"), and LYNELLE N. ROHRER (hereinafter referred to as "Mother"). WHEREAS, Father and Mother are the natural parents of Caleb M. Thrush, born Janaury 12, 1998 and Tyler L. Thrush, born November 4, 1999; and WHEREAS, Father and Mother desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for their minor children, to be in effect hereafter and until altered by subsequent Order of Court; and WHEREAS, Father and Mother desire to confirm their agreement relative to custody of the minor children and execute a Stipulation and Agreement to effect the same. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have shared legal custody of Caleb M. Thrush and Tyler L. Thrush. All non-emergency decisions affecting the childrens' growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with a view towards obtaining and following the children's best interests which decisions shall include, but not limited to: choice of camp, if any; medical and dental treatment; education; scholastic or athletic pursuits and other extracurricular activities. 2. Mother shall have primary physical custody of Caleb M. Thrush and Tyler L. Thrush. 3. Father shall have temporary physical custody of Caleb M. Thrush and Tyler L. Thrush every weekend from Friday at 4:00 p.m. until Sunday at 10:00 p.m., at which time Mother shall return from work and be available for custody exchanges. 4. In addition to Father's times of temporary custody in Paragraph Three (3) above, all holidays shall be shared as is mutually agreed upon by the parties. In particular, Mother shall have custody of the children every year on Mother's Day and Father shall have custody of the children every on Father's Day at such times as are mutually agreed upon by the parties. 5. Transportation for Father's periods of temporary physical custody shall be provided by Father. 6. The parties will keep each other advised immediately relative to any emergencies concerning the minor children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, 2 each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. 7. The parties agree that there shall be reasonable telephone contact with the children during the periods when the children are not in the custody of that party. 8. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 9. Neither party shall schedule activities or appointments for the children which would require their attendance.or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 11. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, and birth certificates. To the extent one parent has possession of any records or information, that parent shall be responsible to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents may and are encouraged to attend school conferences and activities. 3 12. Neither party shall remove the children from the Commonwealth of Pennsylvania except for vacations when said party has custody of the minor children as provided herein. Each parent agrees to inform the other parent if he or she desires to remove the children from the Commonwealth of Pennsylvania by providing notice at least seven (7) calendar days prior to the anticipated date of departure. In such an instance, the party who desires to remove the children, shall provide the other parent with a general schedule of the planned vacation and its location or locations, along with a telephone number or numbers, including area code, where the children may be reached. 13. The parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children, and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 14. The parties may temporarily alter the schedule of physical custody as is mutually agreeable in order to accommodate special family events or other changes in their schedule. If the parties cannot agree on any such changes, the terms and provisions of this Order shall control. 15. Any permanent modification or waiver of the provisions of this agreement must be in writing and shall be effective only if made in writing and executed with the same formality as this Stipulation and Agreement. 4 16. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 17. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year first above written. WITNESS: KEVIN B. THRUSH LLE N. ROHRER COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the 5 day of 7QV E MAE e , 2002, before me the undersigned officer, personally appeared KEVIN B. THRUSH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein- contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. . Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2003 Member, Pennsvlvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF On this, the )s 1- a of ,QjtLrii.?Qk 2002, before me the undersigned officer, personally appeared LYNELLE N. ROHRER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2003 Member, Pennsylvania Association of Notaries (SEAL) 6 EXHIBIT "B" (DISIPINC) DISPATCH INCIDENT: 20060801674 CAR CALL TYPE: UNKNOWN PROBLEM DJR2 UCFPCARM PAGE: 1 LOCATION GRID CCL UCR IPG DISPO PRI ------------------------------------------------------------------------------ 00173 E NORTH ST 0200 460 0000 N 03 5 ALARM CTAK DPAT VEH-REGISTRAT MAKE DATE RECV DISP ARRV CLR TOTT REP ------------------------------------------------------------------------------ N RLH1 RLH1 20060830 2031 2041 2043 2123 0052 N UNIT BADG OFFICER ------------------------------------------------------------------------------ 21 21 CLEPPER MICHAEL T 20060830 2041 2043 2123 NAMES: THRUSH KEVIN FATHER ROHRER LYNELLE MOTHER HERZOG MICHAEL PARAMOUR THRUSH TYLER CHILD (C) 717 249 1848 (0) 999 999 9999 (0) 999 999 9999 (0) 999 999 9999 COMMENTS: KEVIN THRUSH REQUESTED WE CHECK ON HIS KIDS AT 173 E NORTH STREET. HE STATED HE GOT WORD THAT THE BOYFRIEND HURT ONE OF THE KIDS AND THEY WERE AT THE HOSPITAL MONDAY. HE STATED HE WANTED THE KIDS REMOVED AND WAS TOLD IF THEY WERE IN NO DANAGER THAT WOULD NOT BE DONE. HE WAS AD- VISED WE WOULD CHECK ON THE KIDS AND HE SHOULD TALK WITH CHILDREN AND YOUTH. 21 ON CALL I CHECKED ON THE WELFARE OF THE CHILDREN. ALL WAS FINE EXCEPT FOR A BRUISE ON THE FACE OF TYLER THRUSH THAT OCCURRED ON 8/27/06. MOTHER, LYNELLE ROHRER SAID THAT THE INCIDENT WAS ALREADY REPORTED TO C&Y BY HER CHILDCARE PROVIDER, MAGIC YEARS AND THAT SHE HAS ALREADY MET WITH CURRIN DALY FROM C&Y. I CALLED ON CALL C&Y AGENT KELLY AND SHE CONFIRMED THAT THEY ALREADY ARE ON THE CASE AND THAT THE CHILD HAS BEEN EXAMINED BY DR RANKIN. I CALLED JEFF THRUSH BACK AND RELAYED INFO TO HIM AND HE WILL CALL C&Y IN THE MORNING. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of foregoing document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: LYNELLE N. ROHRER 173 EAST NORTH STREET CARLISLE, PA 17013 IRWIN & McKNIGHT r Douglas G 'ller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney for the Plaintiff/Petitioner Date: September IS , 2006 KEVIN B. THRUSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LYNELLE N. ROHRER DEFENDANT 02-5646 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 19, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 17, 2006 at 8:30 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/ ac ueline M. Verne Es !q. 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 ? ??v 1? ?a on 6 VlNVAl,kW84 mNnca:,, ?,,P1?Gq-mo as :01 WV oz d3s 9002 h?3?1( Div il1111 IHI 30 0 f ? SEP 1 8 2006 KEVIN B. THRUSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2002-5646 CIVIL TERM LYNELLE N. ROHRER, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of September 2006, upon consideration of the Petition for Special Emergency Relief filed by the Plaintiff/Petitioner, a hearing is scheduled for (L /al 2006 at L Ad 4.m. in Courtroom Cumberland County Courthouse, Carlisle, Pennsylvania 17013. By the Court. cw fir= ? ?1r .;:? t? 4.` r'1 .;+ f 1 ` gki COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN B. THRUSH, Plaintiff File No. 2002-5646 Civil Term V. LYNELLE N. ROHRER, Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Lynelle N. Rohrer in the above captioned case. Date: October 11, 2006 Respectfully submitted, ROMINGER & WHARE Michael J. Whare, squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Defendant v C J :? - n ca t?.__ ?t - ..-? ?'% ??" -n .1 , .?.-^ ('.,? . =i , .? r ? E ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN B. THRUSH, Plaintiff File No. 2002-5646 Civil Term V. LYNELLE N. ROHRER, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 11'h day of October, 2006, I, Jennifer McKeehan, Secretary for Rominger & Whare Law Office, hereby swear that I have served a true copy of a Subpoena, executed by the Defendant in the above-captioned matter, upon Corrine Daly at Cumberland County Children and Youth Services at 16 West High Street, Suite 200, Carlisle, Pennsylvania by hand delivery upon Edward Rouse an employee of Cumberland County Children and Youth. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN B. THRUSH, Plaintiff File No. 2002-5646 Civil Term V. LYNELLE N. ROHRER, Defendant SUBPOENA TO ATTEND AND TESTIFY TO: CORINNE DALY CUMBERLAND COUNTY CHILDREN AND YOUTH Suite 200, Human Services.Buildings 16 West High Street Carlisle, PA 17013-2961 1. You are ordered by the Court to come to Courtroom #1, Cumberland County Courthouse, at Carlisle, Cumberland County, Pennsylvania, on October 12, 2006, at 9:30 o'clock A.M., to testify on behalf of Lynelle N. Rohrer, in the above case, and to remain until excused. 2. And bring with you the following: Any and all documents relating to the minor child, Tyler L. Thrush, born November 4, 1999 you obtained in your investigation of the above captioned case. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY AN ATTORNEY IN COMPLIANCE WITH Pa.R.C.P. No. 234.2(a): Michael J. Whare, Esquire ROMINGER & WHARF 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID# 89028 BY THE COURT: Prothonotary, Civil Division DATE: Seal of the Court Deputy N Ca-, -r•e iT 4 Fl ' Fl T KEVIN B. THRUSH, Plaintiff/Petitioner V. LYNELLE N. ROHRER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-5646 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of October, 2006, upon consideration of Plaintiff's Petition for Special Emergency Relief, and pursuant to an agreement reached in open court between the parties and their respective counsel, it is ordered and directed as follows, pending the custody conciliation conference in this matter and further order of Court: 1. The mother's boyfriend, Michael L. Herzog, is not permitted to have unsupervised contact with the parties' minor children. 2. In the event that mother is unable to watch the children for more than a period of two hours, she shall contact father, who will have a right of first refusal to have physical custody of the minor children. 3. The remaining terms and conditions of the prior order of Court in this matter dated September 2, 2002, shall remain in effect. Douglas G. Miller, Esquire For the Plaintiff fo-r?-r?? Cr Michael Whare, Esquire For the Defendant -n -cr-? pcb By the Court, ? ? ? '?"IS. ??? ? . L.{ `Y or.r 2006 KEVIN B. THRUSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5646 CIVIL ACTION - LAW LYNELLE N. ROHRER, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of d , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated December 2, 2002 and October 12, 2006 are hereby vacated. 2. The Father, Kevin B. Thrush and the Mother, Lynelle N. Rohrer, shall have shared legal custody of Caleb M. Thrush, born January 12, 1998 and Tyler L. Thrush, born November 4, 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 Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parents shall have shared physical custody on the following schedule: A. During the school year: 1. Father shall have physical custody every Friday from 3:30 p.m. to Monday morning when Father shall be responsible for transporting the children to school. In the event that Monday is C%j V a school holiday, Father shall have physical custody until Mother gets off from work. 2. Mother shall have physical custody at all other times. B. During the summer: alternating weeks with Father having the first week. The exchange day and time shall be Friday at 4:00 p.m. 4. Holidays shall be shared as agreed. 5. Father shall be responsible for all transportation. 6. The parties shall cooperate with a custody evaluation to be performed by a custody evaluator agreed to by counsel. Father shall pay the retainer, but the ultimate costs shall be apportioned among the parties. 7. In the event that either party is need of a babysitter for more than two hours, they shall contact the other party and offer said babysitting opportunity to the non- custodial parent. 8. The parties shall cooperate in obtaining counseling for the children. 9. The children shall not have unsupervised contact with Mother's boyfriend. 10. The children shall have no contact with Mother's boyfriend's nephew. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may schedule another Custody Conciliation Conference once the custody evaluation is completed. BY THE COURT, I L11, , - j _ C, J. W4sley Oler, Jr., v J. cc.v69o'i glas G. Miller, Esquire, Counsel Ar Father ichael J. Whare, Esquire, Counsel for Mother KEVIN B. THRUSH, Plaintiff/Petitioner V. LYNELLE N. ROHRER, Defendant/respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-5646 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME Caleb M. Thrush Tyler L. Thrush DATE OF BIRTH January 12, 1998 November 4, 1999 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on October 17, 2006 with the following in attendance: The Father, Kevin B. Thrush, with his counsel, Douglas G. Miller, Esquire, and the Mother, Lynelle N. Rohrer, with her counsel, Michael J. Whare, Esquire. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated December 2, 2002 and October 12, 2006, providing for shared legal custody, with Mother having primary physical custody and Father having every weekend Friday to Sunday. 4. The parties agreed to an Order in the form as attached. Date ac line M. Verney, Esquire Custody Conciliator APR 1$ 2001 KEVIN B. THRUSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5646 CIVIL ACTION - LAW LYNELLE N. ROHRER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25th day of April, 2007, not being contacted within ninety days from the date of the prior Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ??? A - 4?? ac eline M. Verney, Esquire ustody Conciliator fit ?? " l4 tJ oz .Z Nd 9z &JV LODZ KEVIN B. THRUSH, Plaintiff/Petitioner V. LYNELLE N. ROHRER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2002-5646 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this day of November, 2009, comes the Plaintiff, KEVIN B. THRUSH, by and through his attorneys, Irwin & McKnight, P.C., and presents the following Petition for Modification of Custody Order, averring as follows: 1. The Plaintiff/Petitioner, Kevin B. Thrush, is an adult individual who currently resides at 553 North Bedford Street, Carlisle, Pennsylvania 17013 (hereinafter "Father"). 2. The Defendant/Respondent, Lynelle N. Rohrer, is an adult individual who currently resides at 504 North Bedford Street, Carlisle, Pennsylvania 17013 (hereinafter "Mother"). 3. On October 20, 2006, an Order was entered by the Court with regard to custody of the parties' minor children, Caleb M. Thrush (born January 12, 1998, and currently age 11) and Tyler L. Thrush (born November 4, 1999, and currently age 10). A copy of said Order signed by the Honorable J. Wesley Oler, Jr. is attached hereto and incorporated herein by reference as Exhibit "A." 4. At the beginning of September 2009, the parties' oldest son began living primarily with Father after the child expressed a strong desire to do so and following a subsequent agreement by the parties. 5. Mother currently retains primary custody of the parties' other son, Tyler L. Thrush. 6. In light of the significant change in the custodial arrangement since the Order of Court attached as Exhibit "A," Father requests that the Order be amended to reflect that he has primary custody of Caleb M. Thrush. 7. Father further requests that the Order of Court be amended to establish a new schedule of partial physical custody in light of the fact that each party has primary physical custody of one of the two children, but no custody arrangement with the child not in their respective care. 8. The best interests and permanent welfare of the children require that the Court modify the current custody schedule as requested by Father. 2 WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court granting his Petition for Modification of Custody Stipulation and Order thereby modifying as proposed herein the Order of Court. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: AJL- Douglas . Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff/Petitioner, Kevin B. Thrush Date: November d , 2009 3 VERIFICATION The foregoing document is based upon information which has been gathered by my 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. KFATN B. THRUSH - .a 41 /C):2 Date: JJ / EXHIBIT "A" K OCT 1% 2006 KEVIN B. THRUSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5646 CIVIL ACTION - LAW LYNELLE N. ROHRER, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this Z4 day of Qc? - , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated December 2, 2002 and October 12, 2006 are hereby vacated. 2 The Father, Kevin B. Thrush and the Mother, Lynelle N. Rohrer, shall have shared legal custody of Caleb M. Thrush, born January 12, 1998 and Tyler L. Thrush, born November 4, 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 Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The parents shall have shared physical custody on the following schedule: A. During the school year: 1. Father shall have physical custody every Friday from 3:30 p.m. to Monday morning when Father shall be responsible for transporting the children to school. In the event that Monday is a school holiday, Father shall have physical custody until Mother gets off from work. 2. Mother shall have physical custody at all other times. B. During the summer: alternating weeks with Father having the first week. The exchange day and time shall be Friday at 4:00 p.m. 4. Holidays shall be shared as agreed. 5. Father shall be responsible for all transportation. 6. The parties shall cooperate with a custody evaluation to be performed by a custody evaluator agreed to by counsel. Father shall pay the retainer, but the ultimate costs shall be apportioned among the parties. 7. In the event that either party is need of a babysitter for more than two hours, they shall contact the other party and offer said babysitting opportunity to the non- custodial parent. 8. The parties shall cooperate in obtaining counseling for the children. The children shall not have unsupervised contact with Mother's boyfriend. 10. The children shall have no contact with Mother's boyfriend's nephew. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may schedule another Custody Conciliation Conference once the custody evaluation is completed. BY THE COURT, J. Wesley Oler, Jr., J. cc: Douglas G. Miller, Esquire, Counsel for Father Michael J. Whare, Esquire, Counsel for Mother OCT 2 4 2QQ6 WIN & mj<a ` wYHT TRUE CnPv Fr^V RECORD In Testimor, t my hand he serra??i ?? ?? ': Pa. KEVIN B. THRUSH, Plaintiff/Petitioner V. LYNELLE N. ROHRER, Defendant/respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5646 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caleb M. Thrush January 12, 1998 Mother Tyler L. Thrush November 4, 1999 Mother 2. A Conciliation Conference was held in this matter on October 17, 2006 with the following in attendance: The Father, Kevin B. Thrush, with his counsel, Douglas G. Miller, Esquire, and the Mother, Lynelle N. Rohrer, with her counsel, Michael J. Whare, Esquire. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated December 2, 2002 and October 12, 2006, providing for shared legal custody, with Mother having primary physical custody and Father having every weekend Friday to Sunday. 4. The parties agreed to an Order in the form as attached. /C / 7 0r, /q. ? - "?:2? Date ac line M. Verney, Esquire Custody Conciliator CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of foregoing document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: LYNELLE N. ROHRER 504 NORTH BEDFORD STREET CARLISLE, PA 17013 IRWIN & McKNIGHT, P.C. -)4? ??- A? Douglas . Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney for the Plaintiff/Petitioner Date: November it, 2009 OF TI-r 1, TAIRY 20919 NO 24 PI-I 3: 16 cuIV Y D.OL © ,q- &; 3 ?"? :3 .? 1 KEVIN B. THRUSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-5646 CIVIL ACTION LAW LYNELLE N. ROHRER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 25, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on --Thursday, December 17, 2009 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. 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/ Jacqueline M. Verne 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 ?H7t r^y 2009 DEC ~Z A 1 1 $ (4y ems, m?? ? . I DEC 2 1 200.9 KEVIN B. THRUSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5646 CIVIL ACTION - LAW LYNELLE N. ROHRER, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 22 -7 J day of \?>c G , , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . The prior Order of Court dated October 20, 2006 shall remain in full force and effect with the following modifications. 2. Mother shall have primary physical custody of Tyler. Father shall have primary physical custody of Caleb. 3. The parents shall have physical custody of both children on alternating weekends from Friday at 4:00 p.m. to Sunday at 7:00 p.m. Mother shall have the first weekend, beginning December 18, 2009. 4. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon on December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. Only parents may discipline the children. 6. Parents shall administer medication to the children as prescribed. Medicine changes shall be agreed to by both parents. 7. It is strongly suggested that the parents participate in co-parenting counseling. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, U j j ? , J. We Vey Oler, Jr., J. cc: Douglas G. Miller, Esquire, Counsel for Father Jessica Hoist, Esquire, MidPenn Legal Services, Counsel for Mother CC'S Md l Lzcc KEVIN B. THRUSH, Plaintiff/Petitioner V. LYNELLE N. ROHRER, Defendant/respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-5646 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caleb M. Thrush January 12, 1998 Father Tyler L. Thrush November 4, 1999 Mother 2. A Conciliation Conference was held in this matter on December 17, 2009 with the following in attendance: The Father, Kevin B. Thrush, with his counsel, Douglas G. Miller, Esquire, and the Mother, Lynelle N. Rohrer, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated October 20, 2006, providing for shared legal custody, with Mother having primary physical custody and Father having every weekend Friday to Monday. 4. The parties agreed to an Order in the form as attached. f v2-17 q Date cq line M. Verney, Esquire Custody Conciliator "'tE 2009 DEC 22 Pi 1 2: 2 8