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JOHN HENRY THOMAS, JR.,
Plaintiff
V.
CHRISTINE HARIE MILLER,
Defendant
IN THE COURT OF COMMON PLEAS
CMMERLAND COUNTY, PENNSYLVAN
NO. G 3 Sy CIVIL TERM
CIVIL ACTION - LAW
CUSTODY ACTION
AND NOW this e day of off, , 1999, upon review of the
Custody Agreement filed in this matter it is hereby determined that
it is in the child's best interest that the Custody Agreement,
dated October 15, 1999, signed by the Plaintiff and Defendant, be
made an order of this court. The Custody Agreement shall be
binding on each of the parties until such time that it is changed
by mutual agreement of the parties or by further order of this
court.
BY THE CO
J.
JOHN HENRY THOMAS, JR., IN THE COURT OF COMMON PLEAS
Plaintiff CUMWRLAND COUNTY, PENNSYLVAN
V. NO. 6 y CIVIL TERM
CHRISTINE MARIE MILLER, CIVIL ACTION - LAW
Defendant CUSTODY ACTION
CUSTODY COMPLAINT
TO THE HONORABLE JUDGES OF SAID COURT:
1. The Plaintiff is John Henry Thomas, Jr. residing at 206
S. Locust Street, Shiremanstown, Cumberland County, PA 17011.
2. The Defendant is Christine Marie Miller who resides at
101 S. Locust Street, Shiremanstown, Cumberland County, PA 17011.
3. Plaintiff seeks legal custody and primary physical
custody of the following child:
HAM PRESENT RESIDENCE QQj}
John Henry Thomas, III 206 S. Locust Street 08/22/96
The child was not born in wedlock.
The child is presently in the physical custody of John Henry
Thomas, Jr. who resides at 206 S. Locust Street, Shiremanstown,
Pennsylvania.
During the past five years, the child has resided with the
following persons and at the following addresses:
Father 206 S. Locust Street 8/28/99 - present
Mother 6 206 S. Locust Street 12/98 - 8/99
Father Shiremanstown, PA
Father 6 625 Herrin Lane 3/97 - 12/98
Mother Enola, PA
Father 6 1331 Cornell Street 3/96 - 3/97
Mother Scranton, PA
The mother of the child is Christine Marie Miller who
currently resides at 101 S. locust Street, Shiremanstown,
Pennsylvania 17011.
She is not married.
The father of the child is John Henry Thomas, Jr. who lives at
206 S. Locust Street, Shiremanstown, Pennsylvania 17011.
He is not married.
4. The relationship of Plaintiff to the child is that of
father. The Plaintiff currently resides with the following
persons:
HOWq Relationshiv
Jo':n Henry Thomas, III Son
5. The relationship of Defendant to the child is that of
mother. The Defendant currently resides with the following
persons:
Raw
Carol Robles
Relationshiv
Friend
6. Neither party has participated as a party or witness, or
in another capacity, in other litigation concerning the custody of
the child in this or another court.
2
Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child
will be served by granting the relief requested because:
A. Plaintiff can properly care for his child.
B. Plaintiff can provide a loving home.
C. Plaintiff will place the child's interest before
his own.
8. Each parent whose parental rights to the child has not
been terminated and the person who has physical custody of the
child has been named as parties to this action.
WHEREFORE, Plaintiff requests this Honorable Court to grant
him legal custody and primary physical custody of his child,
subject to defendant's right to partial custody.
Respectfully submitted,
Thomas D. Gould, Esquire
ID #36508
2 E. Main Street
Shiremanstown, PA 17011
(717) 731-1461
3
VERIFICATION
I. John Henry Thomas, Jr., verify that the foregoing CUSTODY
COMPLAINT is true and correct to the best of my knowledge,
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED: 1AA /4"
J hn Henry T1 mas, J
laintiff
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LAW OFFICE OF
- THOMAS D. GOULD
ATTORNEYS AT LAW s
Z EAST MAIN STREET • SHIREMANSTOWN, FA 17011
717.751.1161
CUSTODY
THIS AGREEMENT, made this IL day of ?, 1999, by
and between JOHN REMY THOMAS JR., hereinafter referred to as
Father, and CHRISTINE MARIE MILLER, hereinafter referred to as
Mother.
WHEREAS, Mother and Father are the parents of JOHN HENRY
THOMAS, III, born August 22, 1996; and
WHEREAS, Mother and Father wish to enter into this Custody
Agreement to settle and resolve the outstanding issues regarding
the custody of their child;
NOW THEREFORE, it is agreed by the parties that:
Father shall enjoy legal custody of the child. Mother and
Father shall have equal access to the child's personal, school and
medical records and each party is to inform the other of
significant events that occur in their child's life.
2. Father shall have primary physical custody of the child.
3. Mother shall have partial custody every Saturday from
7:30 a.m. until 7:00 p.m. and other weekend from Friday at 8:30
p.m. to 8:00 p.m. Sunday.
9. Each parent is permitted two uninterrupted weeks with the
child each year pr,)vided 30 days notice is given to the other
parent.
5. Mother shall have the child at other times as mutually
agreed upon.
6. Each parent shall give the other at least 60 days notice
of his or her intention to move their residence more than 50 miles
from their current location.
7. This Agreement may be modified by mutual agreement of the
parties.
8. If the parties are unable to agree on an acceptable
custody schedule, either parent may file a legal action or seek the
assistance of a custody mediator.
9. Both parents understand the need to provide a loving and
stable environment for their child.
10. Mother and Father agree to place any personal differences
aside and work for the best interests of the child.
11. The parties shall provide for reasonable telephone access
to the child.
12. Neither party shall make derogatory comments about the
other in the presence or hearing of the child.
13. Each party is to inform the other of any change in
employment, residence and/or telephone number.
14. This Agreement shall supersede any other Agreements or
Stipulations concerning the custody of the child.
2
15. It is the intent of the parties that this Agreement be
made an Order of Court.
6 ?I LA y L
DAT John Benry/Thomas, .
WITNESS DATE
Commonwealth of Pennsylvania:
s s
County of?ry-, 11N
blc a) A o Nhal Oyu I.
Kristine Marie Miller
PERSONALLY APPEARED BEFORE ME, this ( v day of (3,
1999, a notary public, in and for the Commonwealth of Pennsylvania
John Henry Thomas, Jr., known
be) the person whose name is
stipulation and acknowledged
purposes herein contained.
Commonwealth of Pennsylvania:
County of i??V' 11
PERSONALLY APPEARED
1999, a notary public, in
Christine Marie Miller,
be) the person
stipulation and
purposes herein
Notary Public
NOTARIALSEAL
WALTER L WINCH, Notary Public
Susquehanna Twp., Dauphin County
'4V Commission Expires July 9, 2001
to me (or satisfactorily proven to
subscribed to the within custody
that she executed the same for the
I -CA
Notary Public
ss
BEFORE ME,
NOTARIAL SEAL
WALTER L WINCH, Notary Public
Susquehanna Up., Dauphin County
''N Commission Expires July 9, 2001
this fb cay of Vcl?_
and for the Commonwealth of Pennsylvania,
known to me (or satisfactorily proven to
whose name is subscribed to the within custody
acknowledged that he executed the same for the
contained.
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APR 1 13 2001W
JOHN HENRY THOMAS, JR.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
Vs.
No. 99-6354 CIVIL TERM
CHRISTINE MARIE MILLER
Defendant
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, q ?4 o r1 upon consideration of the ttached complaint, it is
hereby directed that the p rties tnd their respective counsel ap pear bckei?? N
q t c conciliator, a W R NN St' a on"Pt day of
, at?.m., or a Pre-Hearing Custody Conference. At
such conference, an effort will be made to resolve the i sues in dispute; or if this cannot be accomplished,
to define and narrow the issues to be heard by the cour, 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 fur entry of a temporary or permanent order.
FOR THE COURT,
by:
ustody Conciliator cal
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249.3166
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11-do Oe ?m r+? (?rd
JOHN HENRY THOMAS, JR.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
V!.
No. 99-6354 CIVIL TERM
CHRISTINE MARIE MILLER
Defendant
CIVIL ACTION - CUSTODY
1. The petition of CHRISTINE MARIE MILLER, petitioner herein, respectfully
represents that on October 20, 1999 an Order of Court was entered by the Honorable Edward E.
Guido upon a stipulation of the parties granting petitioner minority physical custody of the minor
child, JOHN HENRY THOMAS, III. A true and correct copy of which is attached.
2. This Order should be modified because the petitioner and natural mother, CHRISTINE
MARIE MILLER, believes and therefore avers that an Order of primary physical custody is in
the best interest of the minor child: JOHN HENRY THOMAS, III., d.o.b. 8/22/96.
Respectfully submitted,
Dated: /0-6-6b /,/?,,
Timothy J. aWgith.C-squire
WILEY, LENOX & COLGAN, P.C.
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
I.D. 477944
VERIFICATION
1, CHRISTINE MARIE MILLER, verify that the statements made in this document are
true and correct to the best of my knowledge, information, and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn
falsification to authorities.
Date:
CHRISTINE MARIE MILLER
Petitioner
1num^a U. VUUL.u -• ?,. ??„__.,._._ OCT ly9 199
it - ATTORNfl S AT LAW
Z EAST MAIN STREET • fNIREMANSTOWN. M 17011
e .'•: 717.731.1111
JOHN HENRY mcbms, JR., IN THE COURT OF COMMON PLEAS
Plaintiff COMSERLAND COUNTY, PENNSYLVANIA
V. NO. 99-e3.511CML TERM
CHRISTINN NKRIE MILLER, CIVIL ACTION - LAIN
Defendant CUSTODY ACTION
AND NOW this .aojkday of l, 1999, upon review of the
Custody Agreement filed in this matter it is hereby determined that
it is in the child's best interest that the Custody Agreement,
dated October 15, 1999, signed by the Plaintiff and Defendant, be
made an order of this court. The Custody Agreement shall be
binding on each of the parties until such time that it is changed
by mutual agreement of the parties or by further order of this
court.
BY THE COURT:
i UT COPY FROM RECORD
In 7 a I Irre unto set my hand
and the saal of s.;d Court at Carlisle, Pa.
This ....?A !... day of...&A....:...,
.»?........ r....'ayp?M............
,. Prothonotary
EXHIBIT
i A
_ ATTORNEYS AT LAW
2 EAST MAIN STREET SHIREMANSTOWN. PA 17011
717.751.1461
CUSTODY AGREEMENT
THIS AGREEMENT, made this Z L day of i_ , 1999, by
and between JOHN MMY THOMAS JR., hereinafter referred to as
Father, and CBRISTIM )lDMZ 2ILUR, hereinafter referred to as
Mother.
WHEREAS, Mother and Father are the parents of JOHN MOMY
THO AS, 111, born August 22, 1996; and
WHEREAS, Mother and Father wish to enter into this Custody
Agreement to settle and resolve the outstanding issues regarding
the custody of their child;
NOW THEREFORE, it is agreed by the parties that:
Father shall enjoy legal custody of the child. Mother and
Father shall have equal access tr the child's personal, school and
medical records and each party is to inform the other of
significant events that occur in their child's life.
2. Father shall have primary physical custody of the child.
3. Mother shall have partial custody every Saturday from
7:30 a.m. until 7:00 p.m. and other weekend from Friday at 8:30
p.m. to 8:00 p.m. Sunday.
4. Each parent is permitted two uninterrupted weeks with the
child each year provided 30 days notice is given to the other
parent.
{011.'1 ' A
5• Mother shall have the child at other times as mutually 4
agreed upon.
6• Each parent shall give the other at least 60 days notice f
of his or her intention to move their residence more than 50 miles
from their current location.
7. This Agreement may be modified by mutual agreement of the
parties. f
8• If the parties are unable to agree on an acceptable
custody schedule, either parent may file a legal action or seek the
assistance of a custody mediator.
9. Both parents understand the need to provide a loving and
stable environment for their child.
10. Mother and Father agree to place any personal differences
aside and work for the best interests of the child.
11. The parties shall provide for reasonable telephone access
to the child.
12. Neither party shall make derogatory comments about the,
other in the presence or hearing of the child.
13. Each party is to infccm the other of any change in.
employment, residence and/or telephone number.
14. This Agreement shall supersede any other Agreements or
Stipulations concerning the custody of the child.
2
15. It is the intent of the parties that this Agreement be
made
Commonwealth of Pennsylvania:
County of sow
t I ?
*A
DATE
ss
Miller
PERSONALLY APPEARED BEFORE ME, this CG day of GI-
1999, a notary public, in and for the Commonwealth of Pennsylvania,
J
be) the ohn Henry Thomas, Jr., known to me (or satisfactorily proven to
person stipulation and acknowledged that he subscribed exec ted h the within same fortthe
purposes herein contained.
Notary Public
NOTARIAL SEAL
Commonwealth of Pennsylvania: WALTER L. WINCH, No"pu*
W (!' C s s '4N CCommfulori, O+uPNn CCoodu?yy
County ofeYO.L06?
PERSONALLY APPEARED BEFORE ME, this I ro day of
1999, a notary public, in and for the Comm nwealth of Pennsylvania,
Christine Marie Miller, known to me (or satisfactorily proven to
be) the person whose name is subscribed to the within custody
stipulation and acknowledged that he executed the same far th?
purposes herein contained.
Notary Public
3 WALTER LOTAR%L SEAL
+ O+upNn Pubpo
NCammlulon,V
, 42
John Henry
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JOHN HENRY THOMAS, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99-6354 CIVIL TERM
CIVIL ACTION - LAW
CERISTINE MARIE MILLER,
Defendant CUSTODY
ORDER OF COURT
AND NOW, this L_ day of , 2000, upcn
consideration of the attached Custody conciliation Report, t is ordered
and directed as follows:
1. The prior order of this Court dated October 201 1999 is vacated
and replaced with this Order.
2. The Father, John Henry Thomas, Jr., and the Mother, Christine
Marie Miller, shall have shared legal custody of John Henry Thomas, III,
born August 22, 1996. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Child's general well-being including, but not
limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of this paragraph each parent shall be entitled to
all records and information pertaining to the Child including, but not
limited to, school and medical records and information. 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.
3. The parties shall have physical custody of the Child in accordance
with the following schedule:
A. The Father shall have custody of the Child at all times not
otherwise specified for the Mother in this provision.
B. The Mother shall have custody of the Child during alternating
weeks, beginning June 11 2000, from Thursday after work when
the Mother shall pick up the Child at day rare through the
following Monday morning when the Mother shall transport the
Child to day care. During the interim weeks, the Mother shall
have custody of the Child from Thursday after work when the
Mother shall pick up the Child at day care through the
following Saturday, when the Father shall pick up the Child at
the mother's residence after work between 6:00 p.m. and 8:00
p.m. The Father shall notify the Mother in advance of the
specific time.
C. For up to 6 times per year, unless the parties agree
otherwise, if the Father is able to take off from work on a
Saturday immediately preceding his Sunday period of custody,
the Father's period of custody shall be extended to include
the Saturday and the Mother's period of custody shall be moved
to the preceding Wednesday through Friday. The Father shall
provide the Mother with at least 2 weeks advance notice of his
intention to exercise a period of custody under this
provision.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
Segment At which shall run from Christmas Eve at 10:00 a.m.
through Christmas Day at 10:00 a.m., and Segment B, which
shall run from Christmas Day at 10:00 a.m. through December 26
at 10:00 a.m. The Father shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years. The mother shall have custody of the
Child during Segment A in odd numbered years and during
Segment B in even numbered years.
B. TFUWSGIVIM: In every year, the Father shall have custody of
et?d from the Wednesday before Thanksgiving after work
through Thanksgiving Day at 4:00 p.m. and the Mother shall
have custody from 4:00 p.m. on Thanksgiving Day through the
following Friday at 4:00 p.m.
C. EASTER: The parties shall alternate having custody of the
Chd on Easter Sunday from 10:00 a.m. until 8:00 p.m. The
Father shall have custody of the Child on Easter in odd
numbered years and the Mother shall have custody on Easter
Sunday in even numbered years.
D. Mon='S DAY/FATHER'S DAY The Mother shall have custody of
the Child every year on Mother's Day from 10:00 a.m. until
8:00 p.m. and the Father shall have custody of the Child every
year on Father's Day from 10:00 a.m. until 8:00 p.m.
E. MEMORIAL DAY/JULY 4th/LABOR DAY: In even numbered years, the
Father shall have custody of the Child on Memorial Day and
Labor Day and the Mother shall have custody on July 4th. In
odd numbered years, the Mother shall have custody of the Child
on Memorial Day and Labor Day and the Father shall have
custody on July 4th. The periods of custody under this
provision shall run from 10:00 a.m. until 8:00 p.m. on the day
of the holiday.
F. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. Each party shall be entitled to have custody of the Child for two
uninterrupted weeks each year upon providing 30 days advance notice to the
other party.
y
6. In the event either party intends to relocate his or her residence
more than 50 miles from the current location, that party shall notify the
other party at least 60 days in advance to allow the parties an opportunity
to modify the custody arrangements by agreement or obtain a resolution
through the legal process.
7. The non-custodial parent shall be entitled to have reasonable
telephone contact with the Child.
8. Each party shall notify the other of any change in his or her
employment, residence and/or telephone number.
9. Both parents understand the need to provide a loving and stable
environment for the Child and agree to place any personal differences aside
and work for the best interests of the Child. Neither party shall make
derogatory comments about the other in the presence or hearing of the
Child.
10. Each party shall ensure that the Child is transported at all times
in an appropriate car seat during his or her periods of custody.
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 terns
of this order shall control.
BY TH3FA
Edward E. Gu do, J.
cc: Thomas D. Gould, Esquire - Counsel for Father "'/ U.0 4 ?U
Timothy J. Colgan, Esquire - Counsel for Mother L_/ -00
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JOHN HENRY THOMAS, JR.,
Plaintiff
Va.
CHRISTINE MARIE MILLER,
Defendant
PRIOR JUDO: Edward E. Guido
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6354 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDEM
1915.3-8, the undersigned Custody Conciliator submitp the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE OF BMTH CURRENTLY IN CUSTODY OF
John Henry Thomas, III August 22, 1996 Father/Mother
2. A Conciliation Conference was held on May 24, 2000, with the
following individuals in attendance: The Father, John Henry Thomas, Jr.,
with his counsel, Thomas Gould, Esquire and the Mother, Christine Marie
Miller, with her counsel, Timothy J. Colgan, Esquire.
3. The parties agreed to entry of an order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
JOHN HENRY THOMAS, JR. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTINE MARIE MILLER
DEFENDANT 99-6354 CIVILACTIONLAW
. IN CUSTODY
AND NOW, Tuesday, February 27, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, 51lechanicsburg, PA 17055 on Tuesday. March 20, 2001 at 1:00 M.
for a Prc-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.
FOR THE COURT,
By: /sl ?
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 oflicc. 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
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MARIA P. COGNIiTTI & ASSOCIATES
Auorneps and Counselors at Lmv
210 Grandview.AvenuevSuiie 102
Camp liill. PA 17011
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(717) 909.4060 Fox(717)9094068
-
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 9094060
Attorneys for Defendant/Petitioner
JOHN HENRY THOMAS, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Rcspondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6354
CHRISTINE MARIE MILLER, : CIVIL ACTION - LAW
Dcfendant/Pctitioncr : IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition for Modification of Custody
Order, it is hereby directed that the parties and their respective counsel appear before
Esquire, Conciliator, at the
, Pennsylvania, on the day of 12001, 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. Failure to appear at the conference may provide
grounds for the entry of a temporary or permanent Order.
FOR THE COURT
DATED:
By:
Custody Conciliator
The Court of Common Plcas 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,
f
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the Court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNFTTI, ESQUIRE.
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 9094060
Attorneys for Defendant/Pctitioner
JOHN HENRY THOMAS JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff /Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 99-6354 CIVIL TERM
CHRISTINE MARIE MILLER, : CIVIL ACTION - LAW
Dcfendant/Pctitioncr : CUSTODY
PETITION FOR MODIFICATION OF A CUSTODY ORDER
PURSUANT TO PA.R.C.P. NO, 1915.15(b)
Petitioner, Christine Marie Miller, by and through her counsel, Maria P. Cognetti, Esquire,
files the instant Petition as follows:
I. The Petition of Christine Marie Miller respectfully represents that on June 1, 2000
an Order of Court was entered providing the parties custody of the child, John Henry Thomas,
III, age 4, as the times set forth in the attached Order, which is marked Exhibit "A."
2. The Order referred to as Exhibit "A" should be modified because:
A. The current schedule does not afford Petitioner enough time with the child.
B. Petitioner believes a shared custody arrangement, providing each party
with one week uninterrupted custody of the child, would be in the child's best interests.
WHEREFORE, Petitioner, Christine Marie Miller, requests this Honorable Court modify
the current Order and enter an Order of shared physical custody.
Respectfully submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: February 8, 2001 By:
MARIA P. UOGNFVI, ESQUIRE
Attorney I.D. No. 27 14
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 9094060
Attorneys for Dcfendant/Petitioner
VERIFICATION
I, Christine Marie Miller, verify the statements made in the foregoing document are true
and correct. I understand false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unswom falsification to authorities.
C_1?a ? ' 4?'IirT rLj"
Christine Marie Miller
Date: January 31 , 2001
Exhibit A
w. wno uw. ?nwv mgr rwam
JOHN HENRY THOMAS, JR.,
Plaintiff
VS.
CFMISTINE MARIE MILLER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6354 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
C RDF.R OF COURT
AND NOW, this 1 A
day of , 2000, upon
consideration of the attached custody
and directed as follows: Co 4 at on Report, t is ordered
1. The prior order of this Court dated October 20, 1999 is vacated
and replaced with this Order.
2. The Father, John Henry Thomas, Jr., and the Mother, Christine
Marie Miller, shall have shared legal custody of John Henry Thomas, III,
born August 22, 1996. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Child's general well-being including, but not
limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of this paragraph each parent shall be entitled to
all records and information pertaining to the Child including, but not
limited to, school and medical records and information. Tb 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.
3. The parties shall have physical custody of the Child in accordance
with the following schedule:
A. The Father shall have custody of the Child at all times not
otherwise specified for the Mother in this provision.
B. The Mother shall have custody of the Child during alternating
weeks, beginning June 1, 2000, from Thursday after work when
the Mother shall pick up the Child at day care through the
following Monday morning when the Mother shall transport the
Child to day care. During the interim weeks, the Mother shall
have custody of the Child from Thursday after work when the
Mother shall pick up the Child at day care through the
following Saturday, when the Father shall pick up the Child at
the Mother's residence after work between 6:00 p.m. and 8:00
p.m. The Father shall notify the Mother in advance of the
specific time.
C. For up to 6 times per year, unless the parties agree
otherwise, if the Father is able to take off from work on a
RECEIVED
81' I WITL ( . .
Saturday immediately preceding his Sunday period of custody,
the Father's period of custody shall be extended to include
the Saturday and the Mother's period of custody shall be moved
to the preceding Wednesday through Friday. The Father shall
provide the Mother with at least 2 weeks advance notice of his
intention to exercise a period of custody under this
provision.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
Segment At which shall run from Christmas Eve at 10:00 a.m.
through Christmas Day at 10:00 a.m., and segment B, which
shall run from Christmas Day at 10:00 a.m. through December 26
at 10:00 a.m. The Father shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years. The mother shall have custody of the
Child during Segment A in odd numbered years and during
Segment B in even numbered years.
B. TeANKSGIVIW: In every year, the Father shall have custody of
the Ch d from the Wednesday before Thanksgiving after work
through Thanksgiving Day at 4:00 p.m. and the mother shall
have custody from 4:00 p.m. on Thanksgiving Day through the
following Friday at 4:00 p.m.
C. EASIER: The parties shall alternate having custody of the
-on Easter Sunday from 10:00 a.m. until 8:00 p.m. The
Ch Id Father shall have custody of the Child on Faster in odd
numbered years and the mother shall have custody on Easter
Sunday in even numbered years.
D. MOTffiR'S DAY/FATBHt'S DAY The Mother shall have custody of
the Ch d every year on Mother's Day from 10:00 a.m. until
8:00 p.m. and the Father shall have custody of the child every
year on Father's Day from 10:00 a.m. until 8:00 p.m.
E. MEMORIAL DAY/JULY 4th/LABOR DAY: In even numbered years, the
Father shall have custody of the child on Memorial Day and
Labor Day and the Mother shall have custody on July 4th. In
odd numbered years, the Mother shall have custody of the Child
on Memorial Day and Labor Day and the Father shall have
custody on July 4th. The periods of custody under this
provision shall run from 10:00 a.m. until 8:00 p.m. on the day
of the holiday.
F. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. Each party shall be entitled to have custody of the child for two
uninterrupted weeks each year upon providing 30 days advance notice to the
other party.
6. In the event either party intends to relocate his or her residence
more than 50 miles from the current location, that party shall notify the
other party at least 60 days in advance to allow the parties an opportunity
to modify the custody arrangements by agreement or obtain a resolution
through the legal process.
7. The non-custodial parent shall be entitled to have reasonable
telephone contact with the Child.
8. Each party shall notify the other of any change in his or her
employment, residence and/or telephone number.
9. Both parents understand the need to provide a loving and stable
environment for the Child and agree to place any personal differences aside
and work for the best interests of the Child. Neither party shall make
derogatory comments about the other in the presence or hearing of the
Child.
10. Each party shall ensure that the Child is transported at all times
in an appropriate car seat during his or her periods of custody.
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.
BY THE OJURTi
EdVard E. Gu dor J.
cc: Thomas D. Gouldo Esquire - Counsel for Father
Timothy J. Colgan, Esquire - Counsel for Mother
TRUF COPY FROM
In Testincry e:h:rc: f, I L. *
and tho seal of said Court at
This/)....?3..; fdaY lof...
RECORD
to sit m-1 hand
lisle, Pa.
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motary
JOHN HENRY THOMAS, JR.,
Plaintiff
VS.
CHRISTINE MARIE MILLER,
Defendant
PRICK JUDGE: Edward E. Guido
: IN THE COURT OF COMM PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9V-6354 CIVIL TERM
CIVIL ACTION - LAW
16Ik•
r
CUSTODY 0OW=LU71ON SUMMARY REPORT
::.J
IN AOODRAANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-81 the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE O BIRTH CURRENTLY IN CUSTODY OF
John Henry Thomas, III August 22, 1996 Father/Mother
2. A Conciliation conference was held on May 24, 2000, with the
following individuals in attendance: The Father, John Henry Thomas, Jr.,
with his counsel, Thomas Gould, Esquire and the Mother, Christine Marie
Miller, with her counsel, Timothy J. Colgan, Esquire.
3. The parties agreed to entry of an order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
CERTIFICATE. OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant/Petitioncr herein, do hereby certify
that on this date I served the foregoing Petition for Modification of Custody Order Pursuant to
Pa.R.C.P. No. 1915.15(b) by depositing u true and exact copy thereof in the United States mail,
first class, postage prepaid, addressed as follows:
Thomas D. Gould, Esquire
2 East Main Street
Shiremanstown, PA 17011
MARIA P. COGNETTI & ASSOCIATES
Date: February 19, 2001 By:
MARIA Ii. COC 1ETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant/Petitioncr
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp dill, PA 17011
Telephone No. (717) 9094060
Attomeys for Defendant
JOHN HENRY THOMAS JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTINE MARIE MILLER,
Defendant
No. 99-6354 CIVIL TERM
: CIVIL ACTION - LAW
: CUSTODY
AFFIDAVIT OF SERVICE
I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of
the Petition for Modification of Custody Order with attached Order setting Pre-Hearing Custody
Conference was served upon the Plaintiff by certified mail, return receipt requested, on the 14"
day of March, 2001. The original signed return receipt, number P 397 743 824 is attached hereto
and made a part hereof.
MARIA P
Date: March 20, 2001
By:
MARIA P. COG
Attorney I.D. No.
& ASSOCIATES
ESQUIRE
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Sworn to and subscribed
befo me this aViUay
of 2001.
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Nota Public
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Lon A Hs:{'artf Nuf:.ry Pub'
Camp 11110013 . Cc"aMrWrrcf Ga?nly
My CommIyion E.{: ru; Oct. t. :U01
Attorney for Defendant
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JOHN HENRY THOMAS, JR.,
Plaintiff
Va.
CHRISTINE MARIE MILLER,
Defendant
: IN THE OOURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6354 CIVIL TERM
CIVIL ACTICN - LAW
: CUSTODY
ORDER OF COURT
MID NOW, this /PA day of , 2001, upon
consideration of the attached custody Conc at on Report, t is ordered 11- and directed as follows:
1. The prior Order of this Court dated June It 2000, is vacated and
replaced with this order.
2. The Father, John Henry Thomas, Jr., and the Mother, Christine
Marie Miller, shall have shared legal custody of John Henry Thomas, III,
born August 22, 1996. Each parent shall have an equal right, to be
exercised jointly with the other parent., to make all major non-emergency
decisions affecting the child's general well-being including, but not
limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of this paragraph each parent shall be entitled to
all records and information pertaining to the Child including, but not
limited to, school and medical records and information. 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.
3. The parties shall share having physical custody of the Child in
accordance with the following biweekly schedule:
A. WEER I: The Mother shall have custody of the Child from
Sunday evening at 7:00 p.m. through the following Tuesday
evening at 7:00 p.m. The Father shall have custody from
Tuesday at 7:00 p.m. through Thursday at 7:00 p.m. The mother
shall have custody from Thursday at 7:00 p.m. through Sunday
at 7:00 p.m.
B. WEEK II: The Mother shall have custody from Sunday at 7:00
p.m. through Tuesday at 7:00 p.m. The Father shall have
custody from Tuesday at 7:00 p.m. through the following Sunday
at 7:00 p.m.
C. During the transition from the Week I schedule to the Week IT
schedule, the Mother's period of custody shall run
continuously without interruption from Thursday at 7:00 p.m.
through Tuesday at 7:00 p.m.
D. The custody schedule set forth in this provision shall begin
with the Mother receiving custody of the Child on Sunday,
April 15, 2001 at 7:00 p.m.
E. In the event either party has to work on his or her weekend
period of custody, that party shall first offer the other
party the opportunity to provide care for the Child before
contacting third party caregivers.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CBRISif1AS: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 10:00 a.m.
through Christmas Day at 10:00 a.m., and Segment Be which
shall run from Christmas Day at 10:00 a.m. through December 26
at 10:00 a.m. The Father shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years. The mother shall have custody of the
Child during Segment A in odd numbered years and during
Segment B in even numbered years.
B. THANKSGIVING: The Thanksgiving holiday shall run from the
Wednesday before Thanksgiving after work through Thanksgiving
Day at 8:00 p.m. The Mother shall have custody of the Child
over the Thanksgiving holiday in odd numbered years and the
Father shall have custody of the Child over the Thanksgiving
holiday in even numbered years.
C. EASTER: The parties shall alternate having custody of the
Cold on Easter Sunday from 10:00 a.m. until 8:00 p.m. The
Father shall have custody of the Child on Easter in odd
numbered years and the Mother shall have custody on Easter
Sunday in even numbered years.
D. MOdiIMIS DAY/FATHER'S DAY: The Mother shall have custody of
the Ch rid every year on mother's Day from 10:00 a.m. until
8:00 p.m. and the Father shall have custody of the Child every
year on Father's Day from 10:00 a.m. until 8:00 p.m.
E. MEMORIAL DAY/JULY 4th/LABOR DAY: In even numbered years, the
Father shall have custody of the Child on Memorial Day and
Labor Day and the Mother shall have custody on July 4th. In
odd numbered years, the Mother shall have custody of the Child
on Memorial Day and Labor Day and the Father shall have
custody //on July 4th. The periods of custody under this
provision shall run from 10:00 a.m. until 8:00 p.m. on the day
of the h day.
F. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. Each party shall be entitled to have custody of the Child for two
uninterrupted weeks each year upon providing 30 days advance notice to the
other party.
6. Unleas otherwise agreed between the parties, the party receiving
custody shall provide transportation for the exchange of custody.
7. The non-custodial parent shall be entitled to have reasonable
telephone contact with the Child.
8. Each party shall notify the other of any change in his or her
employment, residence and/or telephone number.
9. Both parents understand the need to provide a loving and stable
environment for the Child and agree to place any personal differences aside
and work for the best interests of the Child. Neither party shall make
derogatory comments about the other in the presence or hearing of the
Child.
10. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliaiton Conference. The parties may modify the provisions of
this order by mutual consent. In the absence of mutual consent, the terms
of this order shall control.
cc: Melissa Stickel, Esquire - Counsel for Father
Maria P. Cognetti, Esquire - Counsel for Mother
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ll1 ?^ ., ? ui:ih\iY
14 .
0
JOHN HENRY THOMAS, JR.,
Plaintiff
VS.
CHRISTINE MARIE MILLER,
Defendant
PRIOR JUDGE: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6354 CIVIL TERM
CIVIL ACTICN - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
John Henry Thomas, III August 22, 1996 Father/Mother
2. A Conciliation Conference was held on April 10, 2001, with the
following individuals in attendance: The Father, John Henry Thomas, Jr.,
with his counsel, Melissa L. Stickel, Esquire, and the Mother, Christine
Marie Miller, with her counsel, Maria P. Cognetti, Esquire.
3. The parties agreed to entry of an order in the form as attached.
?? // moo, .?....d....
Date Dawn S. Sunday, Esquire
Custody Conciliator
JOHN HENRY THOMAS, JR.,
Plaintiff
V.
CHRISTINE MARIA MILLER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-6354 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PRAECIPE FOR WITHDRAWALIFNTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of Christine M. Miller, the Defendant in the
above-captioned matter.
Date: July 16, 2001
TO THE PROTHONOTARY:
THE WILEY GROUP
By: /Ac ;11? ?-
TIMOTHY J. COLGAN, ESQUIRE
1 South Baltimore Street
Dillsburg, PA 17019
Attorney for Defendant
Kindly enter my appearance on behalf of Christine M. Miller, the Defendant in the a
above.captioned matter.
Date: July 16, 2001 By:
MARIA P.
MARIA P. COq
Attorney I.D. No.
& ASSOCIATES
ESQUIRE
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
..
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.
-,
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:.:? ?>
JOAN HENRY THOMAS, JR. IN' I IE. COUR71' OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
99-6354 CIVIL. ACTION LAW
CHRISTINE MARIE MILLER N/K/A
CHRISTINE M. LETTICH IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, _ Wednesday, April 07, 2004 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq_, the conciliator,
at 39 West Main Street, M"hanlesburg, PA 17055 on Wednesday, May 05, 2004 at 8:30 AM
for a Prc•Hcaring 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 TI IE COURT.
By: /s/ Dtl jLS...SJfIJlIlL3t,?SQ• mhe
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilitcs 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 A'I'FORNEY A'1' ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO -1-0 OR T .I. -PHONE'I'llli 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
S
APR)V262004
JOHN HENRY THOMAS, JR., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6354 Civil Tenn
CHRISTINE MARIE MILLER,
n/k/a CHRISTINE M. LETTICH, CIVIL ACTION - LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before
the Conciliator, at
on
at
_.m., for a Prc-Hcaring 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.
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 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
JOHN HENRY THOMAS, JR.,
Plaintiff
VS.
CHRISTINE MARIE MILLER,
n/k/a CHRISTINE M. LETTICH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6354 Civil Tenn
CIVIL ACTION - LAW
CUSTODY
COMPLAINT TO MODIFY CUSTODY
AND NOW, this 5 0 day of March 2004, comes Christine M. Miller,
now known as Christine M. Lettich, by her attorney, Diane M. Dils, Esquire, and
respectfully requests the following:
1. The Defendant is Christine Marie Miller, now known as Christine M.
Lettich, an adult individual currently residing at 310 West Main Street,
Palmyra, Lebanon County, Pennsylvania.
2. The Plaintiff is John Henry Thomas, Jr., is an adult individual currently
residing at 950 Orchard Avenue, Lot #37, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. The Plaintiff and Defendant are the parents of a minor child; namely: John
Henry Thomas, III, born August 22, 1996, in Scranton, Pennsylvania.
4. Attached hereto and marked Exhibit "A" is a copy of the current Order of
Court setting forth the custody provisions of the minor child.
5. The minor child is currently enrolled in the Lower Dauphin School District,
Dauphin County, Pennsylvania, which was the previous address of the
Plaintiff, John Henry Thomas, Jr., until approximately three weeks ago.
6. John Henry Thomas, Jr., was previously residing with his fianc6 in
Hummelstown, Dauphin County, Pennsylvania; however, the Plaintiff is
currently staying at the above addressed listed in paragraph two herein with
friends.
7. The Defendant, Christine M. Lettich, is married and is expecting her
second child with her current husband.
8. Christine M. Lettich and her husband are purchasing a home in Pine Grove,
Schuylkill County, Pennsylvania, and will be moving into their new home
in June 2004.
9. Christine M. Lettich believes that it is in the best interest of her child, John
Henry Thomas, III, that she be granted primary physical custody and that
the minor child commence the 2004-2005 school year in the Tri-Valley
School District, Schuylkill County, Pennsylvania.
WHEREFORE, Defendant, Christine M. Lettich, respectfully prays your
Honorable Court to grant her primary physical custody of her minor son with
substantial partial custody rights in the Plaintiff, John Henry Thomas, Jr.
Respectfully submitted,
BY:
Diane M. Dils, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
JOHN HDW TFIUWt JR.,
Plaintiff
vs.
CWSr= MARIE MILLER,
Defendant
:
t
i
t
3
i
t
IN TEM am= or COMMA PLEAS Cl
CRRIBERLAND COUNIYi PLTMMYANiA
NO. 99-6354 CIVIL Tam
CIVIL ACTION - LAW
APR 2 0 2001
.3UMU U Cal
......................r
aeonI Ce aO g
AND past, this day of , 2001, upon
003aiderstion of the at Custody a on RepZE',is ordered
and directed as follwai
1. The prior order of this Court dated June 1, 2000, is vacated and
replaced with this Cyder.
2. The lather, John Many 2t==, Jr., and the Moths, Christine
Marie Miller, shall have shared legal custody of John Henry Thomas, III1
born August 22,,19%. t3ach patent shall have an equal right, to be
exercised jointly with the other parent, to make all major t?orf-emetyeney
decisions affecting the Childs general van-being Inc 71
but not
limited to, all dmcieicw regarding his health, education and religion.
Pursuant to the term of this paragraph each parent shall be entitled to
all records and information pertaining to the Child including, but not
limited to, school and medical recmds and information. To the extent one
parent has posoeasion 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.
3. Ths partiea shall share having physical custody of the Child in
accordance with the following biweekly achedulet
A. WN is The Mother eh A-1 have custody of the Child from
3ur evening at 7300 p.m. through the following Tuesday
evening at 7300 p.m. The Father shall have custody from
Tuesday at 7300 p.m. through Thursday at 7m00 p.m. The Mother
shall, hew custody from Thursday at 7300 p.m. through Sunday
at 7s00 p.m.
B. W= 113 The Mother shall have custody from Sunday at 7.00
p.m-ff
. wough Tueaday at 7:00 p.m. Ttw Father shall have
custody frtm Tuesday at 7:00 p.m. through the following Sunday
at 700 p.m.
C. During the transition fsum the Week I schedule to the Week 11
schedule, the Mother's period of custody stall rum
continuously without interruption from Tfiurnday at 7:00 p.m.
through Tuesday at 7600 p.m.
D. The custody schedule sat forth in this provision shall begin
with the Mother receiving custody of the Child on Sunday:
April 15, 2001 at 7:00 p.m.
E. In the event either party has to work on this cc nor weekend
period of custody# that party shall first offer the other
party the opportunity to provide can for the Child before
contacting third party caregivors.
4. Thhe parties shall share or alternate having custody of the Child
on holidays m follows.
A. Cffiuun ls: The Christmas holiday shall be divided into
Segment A* which shall run from Christmas Eve at 10:00 a.m.
through Christmas Day at 10:00 a.m., and Segment Be which
shall run from Christmas Day at 10:00 a.m. through December 26
at 10:00 a.m. The blather shall have custody of the Child
during Sagment A in evon numbered years and during Segment 8
in add numbered years. The Mother shall have custody of the
Child during Segment A in odd numbered years and during
Segment B in even numbered years.
B. tC: The Thanksgiving holiday shall run from the
W3h yy before nw*agiving after work through gumkegiving
Day at 8:00 p.m. The Mother shall have custody of the Child
over the Thw*sgiving holiday in odd numbered yearn and the
rather shall have custody of the Child over the Thanksgiving
holiday in even numbered years.
C. tn4fU: The parties shall altarnato having custody of the
5h -on ranter Sunday from 1000 a.m. until 8:00 p.m. The
Father shall have custody of the Child an Easter in odd
numbered years and the Mother shall have custody an motor
Sunday in even nuabersd years.
D. MR 13 /FASBIItDAY: The Mother shall have custody Of
every year on Mother's Day from 10:00 a.m. until
B:00 p.m. and the rather shall have custody of the Child every
year on rather'e Day from 10:00 a.m. until 8:00 p.m.
E. MW3= DAY %Y 4UVUHOR DAY: In wan numbered ysaram the
sarnr eau navo custody or the Child on Memorial Day end
Laltoc Day and the Mother shall have custody on July 4th. In
odd numbered years, the Mother shell have custody of the Child
on Memorial Day and Labor Day and the rather shall have
custody on July 4th. Tte periods of custody under this
provision shall rum from 10:00 a.m. until 0:00 p.m. on the dry
of the holiday.
F. The holiday ctutody schedalo shall supersede and take
precedence over the regular custody acMdula.
S. Each party shall be entitled to haw custody of the. Child for two
uninterrupted weeks each year upon providing 30 days advance notice to the
other party.
6. tknless otherwise agreed between the pwaeer the party receiving
custody shall provida transportation for the exchange of custody.
76 7he non-cuotodial parent call be entitled to have reasonable
telephone contact with the Child.
S. Each party shall notify the other of any change in his or her
aaploM tr residence and/or telephone ntitbw.
99 Both parents understand the need to provide a loving and stable
envirarroent for the Child and agree to plea any personal differences aside
and work for the beat interests of the Child. Neither party dull mo)m
dsroystory cwaents about the other in the presence or hearing of the
Gild.
10. This order in entered pursuant to an agreement of the parties at a
custody Conoiliaiten Conference. The parties may modify the provisions of
this Order by tutual consent. in the absence of mutual consent, the terms
of this Order stall control.
BY TM OOOEil',
I
OL 'Q
Bdwu -d E. Gu ido* U.
CC. Melissa Stickel, Esquire - Counsel for Father
roarla P. oognetti, FsQtuire - Counsel for Moller
'TRUE WheROt,
(n 7entunonY
-and tme°ei °t saN y
1 RECORD
unto set nN
r¦riisb. Pe.
VERIFICATION
I verify that the statements made in this Complaint to Modify Custody
are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
'(STING M. TT li
Date: `{arch 30, 2004
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MAY 0 4 2004 V
JOHN HENRY THOMAS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 99-6354 CIVIL ACTION LAW
CHRISTINE MARIE MILLER N/K/A
CHRISTINE M. LETTICH
Defendant IN CUSTODY
ORDER
AND NOW, this 3rd day of May 2004 , the conciliator, being advised by plaintiffs
counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes
jurisdiction. The Custody Conciliation Conference scheduled for May 5, 2004, is cancelled.
FOR THE COURT,
L 2
Dawn S. Sunday, Esquire
Custody Conciliator
MAY 12 2004
JOHN HENRY THOMAS, JR., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 1999-6354 Civil Temi
CHRISTINE MARIE MILLER, n/k/a
CHRISTINE MARIE LETTICH, CIVIL ACTION - LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW, this day of i? , 2004, upon presentation
and consideration of the within Stipulation and Agreement of the Parties, it is
hereby ORDERED that said Stipulation and Agreement is incorporated herein and
made a part hereof by reference.
J.
Distribution:
Xiiane M. Dils, Esquire, 1017 North Front Street, Harrisburg, PA 17102
,Xhn Henry Thomas, Jr., 23 South Walnut Street, Hummelstown, PA 17036
FIND-0? ? 1?= i
OF THE P. ?Ji}iIC!iA?:f
2004 flAY 19 nit E: 52
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JOHN HENRY THOMAS, JR.,
Plaintiff
VS.
CHRISTINE MARIE MILLER, n/k/a
CHRISTINE MARIE LETTICH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-6354 Civil Tctm
CIVIL ACTION - LAW
CUSTODY
STIPULATION AND AGREEMENT OF THE PARTIES
AND NOW, this 5-IL day of May 2004, the parties hereto, Christine M.
Lettich, hereinafter referred to as mother, and John H. Thomas, Jr., hereinafter
referred to as father, hereby stipulate and agree that the current Court Order
concerning custody of their minor son, John Henry Thomas, III, born August 22,
1996, shall be modified and that it is in the best interest of their son that the
following custody arrangements shall be made an Order of Court and shall replace
the Order of Court dated April 18, 2001, as follows:
L The parties shall share legal custody of their son. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the child's general well-being including,
but not limited to, all decisions regarding his health, education, and religion.
Pursuant to the terms of this paragraph, each parent shall be entitled to all
records and information pertaining to the child including, but not limited to,
school and medical records and information. 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.
2. Primary physical custody of the minor child shall be with mother.
3. Partial physical custody of the minor child shall be with father as follows:
(a) Every other weekend from Friday at 4:00 p.m. until Sunday at 7:00 p.m.
Transportation shall be shared between the parties with the parent
obtaining custody providing the transportation. Father shall pick the
child up on Friday evenings and mother shall pick the child up on
Sunday evenings.
4. Primary physical custody of the minor child shall be shared by mother and
father during the child's summer vacation, week on/week off, commencing
the first Sunday after school is over for the summer until the Sunday one
week before school commences at which time primary physical custody of
the minor child shall return to mother.
5. The parties shall share or alternate the following holidays:
(a) Christmas: The Christmas holiday shall be divided into Segment A,
which shall run from Christmas Eve at 10:00 a.m. though Christmas Day
at 10:00 a.m. and Segment B, which shall run from Christmas Day at
10:00 a.m. through December 26 at 10:00 a.m. Father shall have
custody of the child during Segment A in even numbered years and
2
during Segment B in odd numbered years. Mother shall have custody of
the child during Segment A in odd numbered years and during Segment
B in even numbered years.
(b) Thanksgiving: The Thanksgiving holiday shall run from the Wednesday
before Thanksgiving after work through Thanksgiving Day at 8:00 p.m.
Mother shall have custody of the child over the Thanksgiving holiday in
odd numbered years and father shall have custody of the child over the
Thanksgiving holiday in even numbered years.
(c) Easter: The parties shall alternate having custody of the child on Easter
Sunday from 10:00 a.m. until 8:00 p.m. Father shall have custody of the
child on Easter in odd numbered years and mother shall have custody on
Easter Sunday in even numbered years.
(d) Mother's Day/Father's Day: Mother shall have custody of the child
every year on Mother's Day from 10:00 a.m. until 8:00 p.m. and father
shall have custody of the child every year on Father's Day from 10:00
a.m. until 8:00 p.m.
(e) Memorial Day/July 0/1-abor Day: In even numbered years, father shall
have custody of the child on Memorial Day and Labor Day and mother
shall have custody on July 4'h. In odd numbered years, mother shall
have custody of the child on Memorial Day and Labor Day and father
shall have custody on July 4'h. The periods of custody under this
provision shall run from 10:00 a.m. until 8:00 p.m. on the day of the
holiday.
3
(f) The holiday custody schedule shall supersede and take precedence over
the regular custody schedule.
6. Mother and father hereby agree that the minor child will be attending the
Tri-Valley School District, which is mother's school district, commencing
the August 2004-2005 school term. Father hereby agrees that arrangements
will be made for the minor child to attend all sporting and/or school
functions in which he may be involved should they fall during father's
custodial periods.
7. The non-custodial parent shall be entitled to have reasonable telephone
contact with the child.
8. Each party shall notify the other of any change in his or her employment,
residence, and/or telephone number.
9. Both parents understand the need to provide a loving and stable
environment for the child and agree to place any personal differences aside
and work for the best interests of the child. Neither party shall make
derogatory comments about the other in the presence or hearing of the child.
10. Mother and father hereby agree that this Stipulation and Agreement shall be
entered as an Order of Court and shall replace the Order dated April 18,
2001. The parties hereto understand that they may modify the provisions of
4 1
. •
this Order by mutual consent, however, in the absence of mutual consent,
the terms of this Order shall control.
IN WITNESS WHEREOF, the parties hereto have signed their hands and
seals the day and year first above written.
'? - i LA A a (I a
Witness
Witness
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Christine Marie Let W
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