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HomeMy WebLinkAbout01-06240DEC 0 3 2001 "o /. RICHARD D. THOMAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001- 6240 TRACY LYNN-GESFORD THOMAS, CIVIL ACTION - LAW Defendant CUSTODY ORDER AND NOW, THIS day of ?s-0, 2001, upon consideration of the attached Custody Agreement signed by all parties of interest, said Agreement is hereby incorporated and made part of this ORDER. BY By Distribution: Peter J. Russo, Esquire e Keirst?ennW. Davidson, Esquir uJ Z/2 1 01 QR l pj5 0 hs? Cvr??ii r-F??, ,.. TRACY L. THOMAS, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI- 6o140CIVILTERM RICHARD D. THOMAS, Defendant CUSTODYAGREEMENT IN CUSTODY 1. Tracy L. Thomas, hereinafter referred to as MOTHER, currently resides at 60 S. 36`h Street, Camp Hill, Cumberland County, Pennsylvania. 2. Richard D. Thomas, hereinafter referred to as FATHER, currently resides at 47 Drexel Place, New Cumberland, Cumberland County, Pennsylvania. 3. MOTHER and FATHER are the natural parents of one minor children, Cyrick A. Thomas, age 31/2, whose date of birth is March 8, 1998. 4. MOTHER and FATHER shall share physical and legal custody of their minor child. Shared legal custody shall be defined as the right to make major decisions effecting the child's life, including medical decisions, religious decisions, educational decisions, and extracurricular activity decisions. Shared physical custody shall be defined as an arrangement whereby both parents are ensured of frequent and continuing contact with their child. 5. MOTHER shall have primary physical custody of the minor child. 6. FATHER shall have partial physical custody of the minor child pursuant to the following schedule: A. Each and every Saturday from 11:00 a.m. until 7;00 p.m.; CIVIL ACTION - LAW B. Any other time the parties can mutually agree upon. 7. FATHER is a student at the Harrisburg Area Community College (HACC), and it has been the parties' routine for FATHER to take the child to daycare at HACC prior to attending his classes, and then pick the child up from daycare once his classes end. The parties agree that that practice shall continue along the following lines: On each and every Monday, Wednesday and Friday, FATHER shall pick the child up at MOTHER'S home between 6:30 and 7:30 a.m. and deliver the child to the daycare at HACC where he shall remain until FATHER'S classes end. FATHER shall then return the child to MOTHER'S place of employment between 3:30 and 4:00 p.m. 8. FATHER'S parents, Mary and Norman Thomas, have plans to travel with the minor child to Texas to visit FATHER'S relatives. The parties agree that this trip would be in the best interest of the child and therefore, consent to it. FATHER'S parents shall be entitled to pick the child up from MOTHER'S home on Tuesday, November 6, 2001 and vacation with him until Sunday, November 11, 2001, at which time FATHER'S parents shall return the child to MOTHER'S residence. Specific times shall be mutually agreed upon by the parties. 9. The parties intend that this Custody Agreement shall be made into an Order of Court. lVo vP c&V 20'01 ? iin?iALCrlZt7/1? Date T acy L. omas Date d Richard D. Thomas :151326 m rri rT . 6?/ RICHARD D. THOMAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO?UgNTY, PENNSYLVANIA V. NO. 2001- le V TRACY LYNN-GESFORD THOMAS, CIVIL ACTION - LAW Defendant CUSTODY PETITION FOR SPECIAL RELIEF SEEKING CUSTODY OF MINOR CHILD AND NOW, COMES, the Plaintiff, RICHARD D. THOMAS, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Petition for Special Relief Seeking Custody: 1. The Plaintiff has filed a custody complaint that has been docketed at the above listed number. A true and correct copy of the same is attached hereto as Exhibit 1. 2. Respondent/Defendant has been served a copy of this petition and the Custody Complaint via Personal Service and was provided the attached Notice of Intent to Present Petition. A true and correct copy of the same is attached hereto as Exhibit 2. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB CYRICK ALAN THOMAS Presently Unknown MARCH 8, 1998 4. Plaintiff is the natural father of the subject minor child. 5. Defendant is the natural mother of the subject minor child. 6. There is no custody order in place regarding the subject minor child. 7. The parents resided together at 47 Drexel Place, New Cumberland, PA 17070, until October 20, 2001, at which time the Defendant mother left the marital residence. 8. On October 21, 2001, the Defendant returned to the marital residence and agreed to stay with the child at the marital residence, however, she then removed the child from the home when the Plaintiff was out. 9. Since that time the Defendant has repeatedly refused to provide the Plaintiff access to his son. 10. Defendant initially agreed to allow the Plaintiff to visit with his son on both October 2151 and October 22°s but the later refused Plaintiff any visitation 11. On October 23, 2001, Defendant asked her mother to watch Cyrick. 12. The maternal grandmother then contacted the Plaintiff and suggested that Plaintiff send some time with his son. 13. The next day, Defendant refused to permit the visit and advised Plaintiff that he could only visit Cyrick under her supervision. 14. Additionally, Cyrick is scheduled to travel to San Antonio, Texas with his paternal grandparents, Normand and Mary Thomas, on November 7, 2001 to visit his great grandfather. 15. This is the second year that Cyrick accompanied his grandparents on this trip to see his great grandfather. 16. Prior to the parties' separation, both parties agreed to allow Cyrick to go on this trip. 17. Cyrick's grandparents have already scheduled this trip and have already paid for this trip. A true and correct copy of Cyrick's ticket and itinerary are attached hereto as Exhibit 3. 18. The best interest of this child would be served if Cyrick were permitted to go on this trip with his grandparents. 19. The best interest of this child would be served if Plaintiff were provided physical custody every Saturday from 11:30 am until 7:00 pm, until further order of court or conciliation of this matter. WHEREFORE, Defendant requests this Honorable Court to enter the attached Order of Court until a further hearing on this matter. espec s ttecl? C7 Peter I Russo Attorney for Plaintiff Date: 1 a? G PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 RICHARD D. THOMAS, Plaintiff V. TRACY LYNN-GESFORD THOMAS, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL ACTION - LAW CUSTODY VERIFICATION I, Richard D. Thomas, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 25 Ckcr 01 Richard D. Thomas RICHARD D. THOMAS, Plaintiff V. TRACY LYNN-GESFORD THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL ACTION - LAW CUSTODY AND NOW, this day of 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at the day of 2001, at _.m. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 RICHARD D. THOMAS, Plaintiff V. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- TRACY LYNN-GESFORD THOMAS, CIVIL ACTION - LAW Defendant CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, RICHARD D. THOMAS, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is RICHARD D. THOMAS, residing at 47 Drexel Place, New Cumberland, Pennsylvania 17070. 2. The Defendant is TRACY LYNN-GESFORD, whose last known residence is 47 Drexel Place, New Cumberland, Pennsylvania 17070. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB CYRICK ALAN THOMAS Unknown MARCH 8, 1998 4. CYRICK ALAN THOMAS was not born out of wedlock. 5. CYRICK ALAN THOMAS is presently in the custody of the Defendant, whose last known residence is 47 Drexel Place, New Cumberland, Pennsylvania 17070. 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Duration Defendant Unknown October 20, 2001 to present Plaintiff & 47 Drexel Place October 1998 Defendant New Cumberland, PA to October 20, 2001 Plaintiff & Green Street, Apt. D March 8, 1998 Defendant Camp Hill, PA to October, 1998 7. The mother of the child is Defendant, currently residence is unknown. The mother is married. 8. The father of the child is Plaintiff, residing at 47 Drexel Place, New Cumberland, Pennsylvania 17070. The father is married. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation right with respect to the children. 12. The best interest and permanent welfare of the children will be served by granting the relief requested because the child has resided with the Plaintiff and Defendant during his entire life. The child and his father have a close relationship, and it will confuse and damage the child to be kept away from his father without any visitation. The father is also close to his paternal grandparents and is looking forward to the planned vacation. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that physical custody of the minor child, CYRICK ALAN THOMAS, be placed with Plaintiff every Saturday, and also to order that Defendant produce the child on November 6, 2001 for the trip to San Antonio. Respectfully submitted, Peter J. Russo Attorney for Plaintiff Date: 1013010 k 4 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff RICHARD D. THOMAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001- TRACY LYNN-GESFORD THOMAS, CIVIL ACTION - LAW Defendant CUSTODY VERIFICATION I, Richard D. Thomas, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 2 5 0?'r q, / Richard D. Thomas PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff RICHARD D. THOMAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001 - TRACY LYNN-GESFORD THOMAS, CIVIL ACTION - LAW Defendant CUSTODY NOTICE OF INTENTION TO PRESENT PETITION 1, Peter J. Russo, Esquire, hereby advise you, Tracy Lynn-Gesford Thomas, with notice of my intention to present the attached petition to the Court of Common Pleas of Cumberland County on November 5, 2001. Date: 1 pIf 3 0 0 Peter J. Russo A.Cil. 'WAVIA. 05 4210 IT T.NE RARY ItLCL:7.l''1 1361 CAP.CrAL ULTY MALL -- PALL: NO. L AMV IITL-L. 10 I'V03:I -- - - PHRI; :1.1'' 1..6/X%I`t 1/ ••76;3 --07130 SK °AW/KY.) d:41'11,: L,.'III(1PiFIti/td(:11';hi(d•11I..HN../1`IAI:Y.,NNS 52,.'1'1 UMh8/GYI'::1IJK,.PI2,. ACCOUNT NO. 1:1;) T L: /Y61/?.42 A (:11.1'11.{ iS1-scraluPl c 'r'1:UI;1•Er w P°(I(5.1:1'.r.Vle: COE:61FEFIKA'r'f.ON RLEQUERED AI' CHECK-01 ,>:R:[ 61(11_}; f 11.I Nf::WONn:I.'! IONS 01 TItAVI.T... ANSI CAN113I1I: LIA1;:fl.:I T1' NU 1 3 CAT HIP! I- RAVLEL. -r>ilili l•11:Y OR rHs r12AN:i0°C)12 rl: o CAi2Y: CsEi{. s.x.. tl...fi• k!(2 3 (1NH- I4011• I{i:. 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C:C'1'1' HAUL -- - _PACil': 1,10,: 2 !AMP HILL PA 17011. - FNR3 7.1:'°d.. 6YX7R Q/. /63-0/00 MR- AW/Kw(ll ;U 1iATC C C ('Y •AIRNURT r.IME FLIGHT NOR/CLASS ST HERV/AMMf SERVICE %6: i?I::f:3 L {[ a.'.t39?:3 'L3900 AIR "FAI.4.. - S 9O,,ai' TAX H1.,03 '1 (LrAL. AIL' 161"t.. 72..00 SERVECUNEE' - 15- 00 (11,101.11,1 1 (.: 11AI:(:i(..l.l :(t7 .00 "MKS AMOUNT WELL _ BE CHARGED TO CREDIT CARD I ,V:C 42H7 5900 0024 6 3'9:I i l l6ttd('. YOU 101 : (:'.I1UU83INU L. Yf::La... _TRAVEL.. i. aF:. ?. 1.5.E -. ... _ i ,nA ..d^ pi li:11 Ilep ;fig W JJd L c d p C) I S? r, d '?: ,9?R?&aiY?YS'RxG'???±Y'R ?sx.c. kTt?^"PoY -` ?i?tf1? RICHARD D. THOMAS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-6240 CIVIL ACTION LAW TRACY LYNN-GESFORD THOMAS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 14, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, December 11, 2001 at 9:15 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/ Melissa P. Greevy. Este 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 era P 2'_a', "'Dr!RCE OTARY ;31 NOV 15 AH 10: 32 am . cop ??? ce y_ .r.?.?L?'? ? ' Uw sc? nPy CpX vr??a ?ccC 4,) 44?y C--?vy is 1341 „- NOV 0 2 2001 RICHARD D. THOMAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001- 4,;?,U O et o i TRACY LYNN-GESFORD THOMAS, CIVIL ACTION - LAW Defendant CUSTODY AND NOW, this day of , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at the day of 2001, at _.m. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may at the requester either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 RICHARD D. THOMAS, Plaintiff V. TRACY LYNN-GESFORD THOMAS, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- G2,4f) CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY C????C `-tom AND NOW, COMES, the Plaintiff, RICHARD D. THOMAS, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is RICHARD D. THOMAS, residing at 47 Drexel Place, New Cumberland, Pennsylvania 17070. 2. The Defendant is TRACY LYNN-GESFORD, whose last known residence is 47 Drexel Place, New Cumberland, Pennsylvania 17070. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB CYRICK ALAN THOMAS Unknown MARCH 8, 1998 4. CYRICK ALAN THOMAS was not born out of wedlock. 5. CYRICK ALAN THOMAS is presently in the custody of the Defendant, whose last known residence is 47 Drexel Place, New Cumberland, Pennsylvania 17070. :?, . r 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Duration Defendant Unknown October 20, 2001 to present Plaintiff & 47 Drexel Place October 1998 Defendant New Cumberland, PA to October 20, 2001 Plaintiff& Green Street, Apt. D March 8, 1998 Defendant Camp Hill, PA to October, 1998 7. The mother of the child is Defendant, currently residence is unknown. The mother is marred. 8. The father of the child is Plaintiff, residing at 47 Drexel Place, New Cumberland, Pennsylvania 17070. The father is married. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation right with respect to the children. 12. The best interest and permanent welfare of the children will be served by granting the relief requested because the child has resided with the Plaintiff and Defendant during his entire life. The child and his father have a close relationship, and it will confuse and damage the child to be kept away from his father without any visitation. The father is also close to his paternal grandparents and is looking forward to the planned vacation. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that physical custody of the minor child, CYRICK ALAN THOMAS, be placed with Plaintiff every Saturday, and also to order that Defendant produce the child on November 6, 2001 for the trip to San Antonio. Respectfully submitted, Peter I Russo Attorney for Plaintiff Date: 1013010 1 ? 11 t PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 RICHARD D. THOMAS, Plaintiff V. TRACY LYNN-GESFORD THOMAS, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL ACTION - LAW CUSTODY VERIFICATION I, Richard D. Thomas, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 2 5 Goa q i ?`? Richard D. Thomas c n may; Cf,? r C-- 4 1 DEC 0 5 2001 w RICHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. TRACY LYNN-GESFORD THOMAS, Defendant : NO. 01-6240 CIVIL ACTION - LAW CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 27" day of November, 2001, the Conciliator, having been advised that the parties have reached an agreement as to the custody matter before the Court, hereby relinquishes jurisdiction of the matter. FOR THE 'eel Greevy, Esquire Conciliator f]zg C7 C7 " F rt: FFI CT _ 1 r . V RICHARD D. THOMAS, PLAINTIFF V. TRACY LYNN-GESFORD, NOW TRACY LYNN GESFORD MADDEN, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6240 CIVIL TERM ORDER OF COURT -Z2a day of July, 2005, the petition for a transfer of venue by Tracy Lynn Gesford, IS DENIED.' By the Edgar B. Bayley, J. ,J6n M. Gallagher, Esquire For Defendant adchard D. Thomas 180 Randell Drive Columbus, OH 43204-1274 sal k C? ' There is no litigation pending in this court for which to consider transferring venue to another county. JLL! _ ' ors eti r 4 L RICHARD D. THOMAS 180 Ranelle Drive Columbus, OH 43204-1274 Plaintiff, vs. TRACY LYNN-GESFORD, now TRACY LYNN GESFORD MADDEN 131 Carbon Street CUSTODY Weatherly, PA 18255 NO. 2001 - 6240 Defendant. PETITION FOR TRANSFER OF VENUE ON BEHALF OF DEFENDANT, TRACY LYNN-GESFORD Defendant, TRACY LYNN-GESFORD, now TRACY LYNN GESFORD MADDEN, moves for a Transfer of Venue from Cumberland County to Carbon County and attaches hereto a copy of the existing Custody Order and Agreement, made a part hereof and marked as Exhibit "A", by and through her counsel, John M. Gallagher, Esquire, and in support thereof avers the following: 1. Between on or about June 2002 and December 2002, the Defendant, Tracy Lynn-Gesford, now Tracy Lynn Gesford Madden, resided in Camp Hill, Cumberland County, Pennsylvania, with the parties' minor son, Cyrick Thomas. 2. Between on or about October 1998 and December 2004, the Plaintiff, Richard D. Thomas, Resided in New Cumberland, Cumberland County, Pennsylvania. 3. On December 5, 2001, the parties entered into a Custody Agreement in which Defendant, Tracy Lynn-Gesford, now Tracy Lynn Gesford Madden, was given primary physical custody of the minor child and the Plaintiff, Richard D. Thomas, was given partial physical custody of the minor child. A true and correct copy of said Agreement is attached hereto and made a part hereof and marked as Exhibit "A". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW i y 4. Partial custody consisted of Saturday visits and any other time the parties could mutually agree. 5. The Custody Agreement was entered as an Order of court by the Honorable Edgar B. Bayley in the Court of Common Pleas of Cumberland County, Pennsylvania. 6. On or about July 2003, Defendant moved residence to Weatherly, Carbon County, Pennsylvania, with parties minor son, Cyrick Thomas. 7. Cyrick Thomas has lived with the Defendant in excess of six months in Carbon County. 8. On or about December 2004, Plaintiff, Richard D. Thomas, moved residence to Columbus, Franklin County, Ohio. 9. As a result of the relocation of both parties, the terms and conditions of the attached Order have been rendered impossible to enforce and jurisdiction now properly should be transferred to Carbon County. WHEREFORE, Defendant, TRACY LYNN-GESFORD, now TRACY LYNN GESFORD MADDEN, respectfully requests a Transfer of Venue to Carbon County with costs of such transfer to be taxed to Defendant. LAPUTKA, BAYLESS, ECKER & COHN, P.C. Attorneys for Defendant Dated: July 2Q 2005 BY: 1 John M. Gallaeberisduire 59504 z i504 2 E. Broad St., 6' Fir. Hazleton, PA 18201 (570) 455-4731 £a(' w '- C cn c,1 ' c_ RICHARD D. THOMAS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-6240 CIVIL ACTION LAW TRACY LYNN-GESFORD, NOW TRACY LYNN GESFORD MADDEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 15, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Tuesday, September 12, 2006 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Gree Es T, libn 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 4r# FILED-OFFICE OF TH"c Pk P;O'ti(*-)TARY 2095 AUG 16 AID 11: 19 C1;J!3;::f ,.: I u'\"TY N NNSYLV',, iids. L d? RICHARD D. THOMAS, Plaintiff V. TRACY LYNN-GESFORD, NOW TRACY LYNN GESFORD MADDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-6240 CIVIL TERM ORDER OF COURT AND NOW, upon consideration of the attached Petition for Modification, it is hereby directed that the parties and their respective counsel appear before the Conciliator, at , Pennsylvania, on 2006, at m. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may also be present at the conference if requested by the Conciliator. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date of Order: By: Custody Conciliator 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 32 S. Bedford Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 or 1-800-990-9108 RICHARD D. THOMAS, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY LYNN-GESFORD, NOW IN CUSTODY TRACY LYNN GESFORD MADDEN, Defendant NO. 01-6240 CIVIL TERM PETITION FOR MODIFICIATON AND NOW, comes Plaintiff, Richard Thomas, filing the within Petition for Modification, and avers as follows: 1. The Plaintiff is Richard Thomas (hereinafter referred to as "Father"), who currently resides at 316 S. Richardson Avenue, Columbus, OH 43204. 2. The Defendant is Tracy Lynn-Gesford now known as Tracy Lynn Madden (hereinafter referred to as "Mother"), who currently resides at 131 Carbon Street, Apt. A, Weatherly, PA 18255. 3. The parties are the parents of one minor son, Cyrick Alan Thomas, born on March 8, 1998. 4. Custody of the parties' son is set forth in the Court Order entered on December 5, 2001 by the Honorable Edgar B. Bayley, (hereinafter referred to as the "Order"), which Order incorporated the Custody Agreement executed by the parties in November, 2001. 5. Inasmuch as neither party currently resides in Cumberland County, the custody arrangement set forth in the Order and Custody Agreement noted above is no longer possible. 6. Father has attempted to resolve custodial issues directly with Mother and such efforts have failed. 7. Father requests that a custody conciliation conference be scheduled and that the present Order be modified. WHEREFORE, Plaintiff requests the Court to schedule a custody conciliation conference to address his concerns and have the current Order modified. A, A?tl f j Sandra L. Meilton, E quire TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF 888711.1 VERIFICATION I, the undersigned, Richard Thomas, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Richard Thomas Dated: G Ron a CERTIFICATE OF SERVICE AND NOW, this -tt?Aday of 2006, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by hand delivery, addressed as follows: Tracy Lynn Gesford Madden 131 Carbon Street, Apt. A Weatherly, PA 18255 ',z &I" " C-IK? G o is M. Rine mr,, : UI A 1 NO RICHARD D. THOMAS, PLAINTIFF V. TRACY LYNN-GESFORD, NOW TRACY LYNN GESFORD MADDEN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6240 CIVIL TERM ORDER OF COURT r- AND NOW, this day of August, 2006, a hearing on the within petition for emergency custody shall be conducted at 9:15 a.m., Wednesday, August 23, 2006, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the rt, 1 F Sandra L. Meilton, Esquire For Plaintiff Tracy Lynn Gesford Madden 131 Carbon Street, Apt. A J Weatherly, PA 18255 Edgar B. Bayley, J. :sal C m' l v I, 6? RICHARD D. THOMAS, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY LYNN-GESFORD, NOW IN CUSTODY TRACY LYNN GESFORD MADDEN, Defendant NO. 01-6240 CIVIL TERM ORDER OF COURT AND NOW, this day of 2006, upon consideration of the within Petition, it is hereby ORDERED AND DECREED that Plaintiff shall have physical custody of the parties' son, Cyrick Alan Thomas, from Friday, September 1, 2006 at noon until Monday, September 4, 2006 at 3:00 p.m. Transfer of custody to effectuate this custodial period shall occur at the McDonald's Restaurant located at 707 Main Street, Clarion, PA 16214 (the location previously established by the parties). BY THE COURT: J. RICHARD D. THOMAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TRACY LYNN-GESFORD, NOW IN CUSTODY TRACY LYNN GESFORD MADDEN, Defendant NO. 01-6240 CIVIL TERM PETITION FOR IMMEDIATE RELIEF AND NOW, comes Plaintiff, Richard Thomas, filing the within Petition for Immediate Relief, and avers as follows: 1. The Plaintiff is Richard Thomas (hereinafter referred to as "Father"), who currently resides at 316 S. Richardson Avenue, Columbus, OH 43204. 2. The Defendant is Tracy Lynn-Gesford now known as Tracy Lynn Madden (hereinafter referred to as "Mother"), who currently resides at 131 Carbon Street, Apt. A, Weatherly, PA 18255. 3. The parties are the parents of one minor son, Cyrick Alan Thomas, born on March 8, 1998. 4. Custody of the parties' son is set forth in the Court Order entered on December 5, 2001 by the Honorable Edgar B. Bayley, (hereinafter referred to as the "Order"), which Order incorporated the Custody Agreement executed by the parties in November, 2001. 5. Inasmuch as neither party currently resides in Cumberland County, the custody arrangement set forth in the Order and Custody Agreement noted above is no longer possible. 6. Father has attempted to resolve custodial issues directly with Mother and such efforts have failed. 7. Father would like to have physical custody of Cyrick during the 2006 Labor Day weekend. 8. Correspondence has been forwarded to both Mother's prior counsel, John Gallagher, Esquire, and directly to Mother. 9. Father does not believe that Mother will respond to the correspondence. 10. The request for custody during Labor Day weekend is urgent because Father's brother is being deployed to Iraq shortly after Labor Day and there will be a farewell party during the Labor Day weekend. k, RIM 11, 1, 11 '1 -1 P'N"INFIR 'I M""07? 11. Father desires that Cyrick attend the farewell gathering and be able to spend time with Father and the family over that weekend. 12. Father is simultaneously filing a Petition for Modification to resolve other custodial issues. WHEREFORE, Plaintiff requests the Court to grant physical custody of the parties' son to him from September 1, 2006 through September 4, 2006. andra L. Meilton, Esquire TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF 88870.1 VERIFICATION I, the undersigned, Richard Thomas, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Richard Thomas Dated: Co Aaa 06 CERTIFICATE OF SERVICE 2006, I, Gloria M. AND NOW, this /0 day of 6(1 Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by hand delivery, addressed as follows: Tracy Lynn Gesford Madden 131 Carbon Street, Apt. A Weatherly, PA 18255 r c/ Gloria M. Rine d ?{ t- ? ESL ?•c iA ? ICJ zip cv E2 AUG. 21. 2006 11:53AM TUCKER .A,RENSEERG Attorneys FACSIMILE COVER LETTER DATE: August 21, 2006 PLEASE DELIVER IMMEDIATELY TO: Honorable Edgar B. Bayley ADDRESSEE'S FAX 240-6462 FROM: Sandra L, Meilzon Esquire SENDER: Gloria Rine TOTAL PAGES (INCLUDING THIS COVER LETTER) 8 IF YOU DO NOT RECEIVE ALL 9 PAGES, PLEASE CALL THE SENDER IMMEDIATELY TELEPHONE:(717) 2399121 FACSIMILE:(717) 232-6802 RE: THOMAS V. MADDEN OUR FILE NO. 23151 129125 NO. 1659 P. 1 THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U,S, POSTAL SERVICE. THANK YOU. 9575.2 Tucker Aren5bar9, P.C. 111 N, Front Street P.0- BOX 869 Harriswrg, PA 17106 p. 717.234.4121 t. 717,232-5802 WWwAuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 AUG. 21. 2006 11:54AM TUCKER ARENStoERG Atrneys Sent via fax to 240-6462 August 21, 2006 NO. 7659-P. Honorable Edgar 6, Bayley Cumberland County Court House ?l One Cou e ar isle, PA 17013 RE: Thomas v. Madden (No. 01-6240 Civil Term) Dear U?. QI Sandra L. Mailton smeitton@tuckerlaw. corn Please be advised that I represent Richard Thomas in the above matter. This matter is scheduled to be heard by you on Wednesday, August 23, 2006 at 9:15 a.m. The issue before you at that time is Mr. Thomas' request for a custodial visit over the Labor Day weekend. I am pleased to inform you that the parties have amicably resolved this issue and each has signed a Stipulation agreeing to the entry of an Order outlining the terms of Mr. Thomas' visit. Enclosed for your review are copies of the Stipulations signed by the parties and a draft Order for your review and signature. I apologize for the fact that the signatures are faxed signatures; however, given the short notice and the fact that Mr. Thomas lives in Ohio and Ms. Madden in Carbon County, Pennsylvania, faxed signatures are all that I could obtain at this point time. Note, however, that the Stipulations signed by the parties do reference the fact that faxed signatures are acceptable to each of the parties. The original signatures are en route to me by regular mail. Unless I hear from the Court to the contrary, I will be present at the scheduled 9:15 a.m. August 23, 2006 hearing to answer any questions that the Court might have. Also, I will have my client, Mr. Thomas, and Tracy Madden available by telephone. Ms. Madden is not represented by counsel at this point in time. Thank you for your assistance. Sincerely, TUCKER ARENSBERG, P.C. Sandra L. Meilton SLM:gmr Enclosures cc: Mr. Richard Thomas (via email) Mrs. Tracy Madden (via email) 891721 Tucker Arenberg, P.C. 111 N. Front Street P.O. Box 869 Harrisburg, PA 17106 p. 717.234.4121 r. 717.232.6602 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 T-T AUG.21.2006 11:54AM NO. 1659 P. 3 RICHARD D. THOMAS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW TRACY LYNN-GESFORD, NOW IN CUSTODY TRACY LYNN GESFORD MADDEN, Defendant NO. 01-6240 CIVIL TERM ORDER OF COURT AND NOW, this day of 2006, upon consideration of the within Petition, it is hereby ORDERED AND DECREED that Plaintiff shall have physical custody of the parties' Son, Cyrick Alan Thomas, from Friday, September 1, 2006 at noon until Monday, September 4, 2006 at 3:00 p.m. Transfer of custody to effectuate this custodial period shall occur at the McDonald's Restaurant located at 707 Main Street, Clarion, PA 16214 (the location previously established by the parties). BY THE COURT: J. AUG. 21, 2006 11:54AM N0. 1659-P, 4 American Insurance Administrato, A eenhafon.ROAmd Company [W. 8Px 230 . Qnlumhue, Ohio 43216.2348 614.486,539 • 800422-ms FAX To: Glovia ?In' c Organization: Fax: FROM: N f ckne- Ford Z. K I ICV1et'-d -PnOAiAS Date: / 1(71 O(O Time: 11 No. pages: _ ?2 - (Including this page) Sent Fay: AUG. 21. 2006 11:54AM RICHARD D. THOMAS, Plaintiff V TRACY LYNN-GESFORD, NOW TRACY LYNN GESFORD MADDEN, Defendant 0. 1659-°`P. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. t.AW IN CUSTODY NO, 01.6240 CIVIL TERM STIPULAT ON AND NOW, this . day of 2006, Richard D. Thomas, Plaintiff, together with his attorney, Sandra L. Meilton, Esquire, and Tracy Lynn. Gesford Madden, Defendant, hereby stipulate that the following is the substance of their agreement setting forth a custodial schedule for their minor son, Cyrick Alan Thomas, for the 2006 Labor bay weekend. The parties respectfully request that your Honorable Court issue an appropriate Order of custody and visitation in accordance with their agreement and stipulation; It is agreed that Plaintiff, Richard D. Thomas, shall have physical Custody Of the parties' son, Cyrick Alan Thomas, from Friday, September 1, 2006 at noon until Monday, September 4, 2006 at 3:00 P.M. Transfer of custody to effectuate this custodial period shall occur at the McDonald's Restaurant located at 707 Main Street, Clarion, PA 16214 (the location previously established by the parties), ?. AUG, 21. 2006 11:54AM NO-7659-P. 2. It is further understood by the parties that each party is reviewing and signing this Stipulation and forwarding same by facsimile transmission to Sandra L. Menton, Esquire, (facsimile - (717) 232-6802), and that Sandra L. Menton, Esquire will present the Stipulation containing both parties' faxed signatures to the Court. The parties further stipulate and agree that the faxed signatures be presented to the Court, that the hearing scheduled before this Honorable Court for August 23, 2006 at 9:16 a.m. be cancelled and that an Order be entered confirming the parties' arrangement for the 2006 Labor Day weekend. WRichard U. Thomas Witness Tracy Lynn Gesford-Madden >,.4 1659 -P, AUG. 21.2006 11,54AM JACOBSON COMPANIES 147 LINCOLN DRIVE HOMETOWN, PA 15252 FAGST9KTGE ?SI NSWIT1AL SHWZT MS,AaWO"L.7K!6/L20N,'lwNQ_Vr ?Rpaa:x?lcrctmxa?aaxmm c/o Dave Madden coat' MA'I'E:08-21-06 TAX m119 ftk717.232.6802 TOM AV. om (PAGes INCL'U(DING Co"m roam 31^(J;t owx X"Ms MAW 9v'tJwwt 570468-5035 Mame 570.42;r. 8208 V: of -6240 s'apvrA7l0Tf T0VT,V,SFZUXM 9RJMOEOL; tVRGrEYT ?10XREVIE'W CI }PLZiQS(E COM9 EAT ? (PL(EAM REYLT ? e.6EASZ REC`YC'LE N07zS1C0wwENrrj' 't'hank You, Dave Madden is ?u 0'83 ,eo r?s t'.dAFO;YT'Ti, Fll•:AbfjUTItTP.'R; E'.C. C.pY. nnA 17es Ma,tpwG, 1qw,? 503(!7. , i5'l?i 263••41'77 rAx; ('r 7.5 -665-8917 - --N0.1659" F. AUG. 21. 2M 11 .50P RICHARD D. THOMAS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v.: CML ACTION - LAW TRACY LYNN-OBSFORD, NOW : IN CUSTODY TRACY LYNN Cx5SFORD?M.ADDBN, ; 3x- ' Defendant ; NO. 01-6240 CIVIL TERM STIPULATION AND NOW, this day of _ A u < I 2006, Richard D. Thomas, Plaintiff, together,y j%jhis a oy, Sandra L. Meilton, Esquire, and Tracy L Gegfordivladden, Defendant, hereby stipulate that the following is the substance of their agreement setting forth a custodial schedule for their minor son, Cyrick Alan Thomas, for the 2006 Labor Day weekend. The patties respectfully request that your Honorable Court issue an appropriate Order of custody and visitation in accordance with their agreement and stipulation: 1. It is agreed that Plaintiff, Richard D. Thomas, shall have physical custody of the parties` son, Cyrick Alan Thomas, from Frlday, September 1, 20M at noon until Monday, September 4, 2006 at 3:00 p.m. Transfer of custody to effectuate this custodial period shall occur at the McDonald's Restaurant located at 707 Main Street, Clarion, PA 16214 (the location previously established by the parties). 2. It is further understood by the patties that each patty is reviewing and signing this Stipulation and forwarding same by facsimile transmission to Sandra L. Meilton, Esquire, (facsimile - (717) 232-6802), and that Sandra L Meilton, Esquire will present the Stipulation containing both parties' faxed signatures to the Court The parties Hotter stipulate and agree that the faxed signatures be presented to the Court, that the hearing scheduled before this Honorable Corot for August 23, 2006 at 9:15 am. be cancelled and that an Order be entered confirming the parties' arrangement for the 2006 Labor Day weekend. Witness Richard D. Thomas I Witness Tracy Lynn Nord-Madden '0' V J 7;t ,-A -'- RICHARD D. THOMAS, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY LYNN-GESFORD, NOW IN CUSTODY TRACY LYNN GESFORD MADDEN, Defendant NO. 01-6240 CIVIL TERM ORDER OF COURT AND NOW, this Z"l day of 2006, upon agreement by the parties as evidenced by their signed Stipulations, it is hereby ORDERED AND DECREED that Plaintiff shall have physical custody of the parties' son, Cyrick Alan Thomas, from Friday, September 1, 2006 at noon until Monday, September 4, 2006 at 3:00 p.m. Transfer of custody to effectuate this custodial period shall occur at the McDonald's Restaurant located at 707 Main Street, Clarion, PA 16214 (the location previously established by the parties). BY THE COl1RT'? J. P .mrc.n ?` 0?. p' .. .n } V y '" 'tea I.D :_>r ? Q- i1 , N tLS -.`J ' Z - D i N Q RICHARD D. THOMAS, : IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA v.: CIVIL ACTION - LAW TRACY LYNN-GESFORD, NOW : IN CUSTODY TRACY LYNN e igF6R&MADDEN, :,7 Defendant : NO. 01-6240 CIVIL TERM STIPULATION AND NOW, this I I day of v 17 2006, Richard D. Thomas, Plaintiff, togetherxvjthis alto ey, Sandra L. Menton, Esquire, and Tracy L GeRfin-&Madden, Defendant, hereby stipulate that the following is the substance of their agreement setting forth a custodial schedule for their minor son, Cyrick Alan Thomas, for the 2006 Labor Day weekend. The parties respectfully request that your Honorable Court issue an appropriate Order of custody and visitation in accordance with their agreement and stipulation: L 1. It is agreed that Plaintiff, Richard D. Thomas, shall have physical custody of the parties' son, Cyrick Alan Thomas, from Friday, September 1, 2006 at noon until Monday, September 4, 2006 at 3:00 p.m. Transfer of custody to effectuate this custodial period shall occur at the McDonald's Restaurant located at 707 Main Street, Clarion, PA 16214 (the location previously established by the parties). 2. It is further understood by the parties that each party is reviewing and signing this Stipulation and forwarding same by facsimile transmission to Sandra L. Meilton, Esquire, (facsimile - (717) 232-6802), -and that Sandra L. Meilton, Esquire will present the Stipulation, containing both,parties' faxed signatures to the Court. The parties further stipulate and agree that the faxed signatures beipresented to,& Court, that the hearing scheduled before this Honorable Court for August 23, 2006 at 9:15 a.m. be cancelled and that an Order be entered confirming the parties' arrangement for the 2006 Labor Day weekend. Witness Richard D. Thomas ,27./h. ?i1AL Witness Tracy Lynn Gesferd-Madden K A JUN S 0 2007,0+ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD D. THOMAS, Plaintiff V. TRACY LYNN MADDEN, Defendant CIVIL ACTION - LAW No. 01-6240 (Civil Term) IN CUSTODY ORDER AND NOW, this z day of 2007, the Parties and Plaintiff's Counsel appeared for a Custody Conciliation on May 11, 2007 before John J. Mangan, Esquire, and having reached an agreement with regards to the best interest and welfare of the minor child, it is hereby ORDERED and DECREED as follows: 1. Plaintiff is Richard D. Thomas (hereinafter referred to as "Father"), who currently resides at 316 South Richardson Avenue, Columbus, Franklin County, Ohio 43204. 2. Defendant is Tracy Lynn Madden (hereinafter referred to as "Mother"), who currently resides at 38 South Lehigh Gourge Drive, Weatherly, Carbon County, Pennsylvania 18255. 3. The Parties are the natural parents of Cyrick Alan Thomas (hereinafter "Cyrick"), born March 8, 1998. 4. The Parties will have shared legal custody of Cyrick. Major decisions concerning the child's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. 5. Primary physical custody of Cyrick shall be with mother. of 6. Father shall have partial custody of Cyrick in accordance with the following schedule: (a) Father shall have Cyrick for five consecutive weeks each summer beginning at 12:00 p.m. the Monday following the July 4th festival weekend in Galeton, PA and concluding five weeks later on Sunday at 12:00 p.m. During this five week time period, Cyrick will spend one week with his paternal grandparents. The Parties agree to communicate and work together to assist Cyrick with the transition to spending five weeks with Father and his family. (b) Father shall have Cyrick during Cyrick's Spring Break each year. Mother may exercise her option to have Cyrick during Cyrick's Spring Break in even numbered years. Mother shall provide 30 days notice to Father when she would like to have Cyrick for Spring Break. Spring Break will begin at 7:00 p.m. the day school recesses for break and conclude at 4:00 p.m. the day before school resumes. (c) The Parties shall share Cyrick's Thanksgiving break with Father having the entire break in even numbered years and Mother having the entire break in odd numbered years. The Thanksgiving Break shall begin at 7:00 p.m. the day school recesses for break and conclude at 4:00 p.m. the day before school resumes. (d) The Parties shall share Cyrick's Christmas Break with Father having the entire break in odd numbered years and Mother having the entire break in even numbered years. The Christmas Break shall begin at 7:00 p.m. the day school recesses for break and conclude at 12:00 p.m. seven days later. The seven days shall not include the first day of travel for the exchange. 4 (e) Father shall have the option of at least five additional long weekends with Cyrick annually. These long weekends shall be at times mutually agreed upon by the parties and shall be, if possible, taken on weekends when Cyrick is scheduled to have no classes on the Friday or Monday preceding or following the weekend to minimize days missed from school. Father shall also be entitled to overnight visits with Cyrick on those occasions when he is in the Weatherly, Pennsylvania area. The exact timing and arrangements for these visits shall be mutually agreed upon by the parties. 7. Father shall have Cyrick on the weekend of September 22, 2007 for Father's wedding. The weekend shall begin on Thursday, September 20, 2007 and conclude on Sunday, September 23, 2007. Cyrick's Paternal Grandparents will arrange for and provide air transportation from either Harrisburg International Airport or the Wilkes-Barre Airport, whichever airport offers available flights at the appropriate times, to Columbus. Mother will provide transportation to and from the appropriate airport. Father will contact Mother as soon as possible when the flight arrangements are made. 8. Transportation for all visits shall be provided by the Parties. Exchanges will occur off Interstate 80 in Clarion, unless other transportation arrangements have been agreed to by both parties. In the event the parties chose to fly Cyrick for any of his visits, the Parties agree that they will equally share the expenses associated with flying, unless otherwise agreed to between the Parties. 9. During any period of custody or visitation, the Parties shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The Parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. a 10. Cyrick will not play or watch Mature "M" rated video games without parental supervision. 11. Smoking shall not be allowed in either Party's household and, to the extent possible, Cyrick will not be exposed to second hand smoke. 12. Each Party shall be entitled to reasonable telephone and/or email contact with Cyrick when he is in the custody of the other Party. The Parties shall provide to one another an emergency contact telephone number, email address or contact person. 13. If either Party relocates from their current residence, the relocating Party will be required to provide the other Party with updated contact information including telephone number and address. If Mother relocates to a new school district, Mother must notify Father at least two months prior to the move. 14. The Parties shall refrain from making derogatory comments about the other Party in the presence of the child and to the extent possible, shall prevent third parties from making such comments in the presence of Cyrick. 15. It is understood by the Parties that, upon mutual agreement, an expanded or altered schedule may be agreed upon between the Parties and that such mutual agreement would be in the best interest of Cyrick. 16. Should either Party have a minimum of two or more overnights with Cyrick at a place other than their primary residence, the other Party will be given contact information, including an address and telephone number, if available, for where the child will be spending the nights. In the event either Party is in a location where there is no cellular phone service or reception, a land line telephone number must be provided to the other Party for emergency purposes. 17. The Parties shall organize ways for Cyrick to maintain friendships, extracurricular activities and other special interests, regardless of which household he may be in. It is also suggested that toys, clothing, etc. not become matters of contention and that during visits with Father, Cyrick be sent with appropriate seasonal clothing for the visit. tr3 use ?. 2r c ? == ? ?? r am ? ,; ?Jlll :::o !:1jW j 1?itY C? RICHARD D. THOMAS Plaintiff V. TRACY LYNN MADDEN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-6240 Civil Term : ACTION 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: Cyrick Alan Thomas, born March 8, 1998, currently in the primary physical custody of Tracy L. Madden. 2. A Conciliation Conference was held on May 11, 2007 with the following individuals in attendance: The Father, Richard D. Thomas with his counsel, Sandra L. Meilton, Esquire The Mother, Tracy L. Madden, pro se. 3. The parties agreed to the entry of an Order in the form as attached. Date: June 13, 2007 Jo J. angan, Esqu' C tod Conciliator