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HomeMy WebLinkAbout07-3189MICHELE L. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07- 3J P q Civil Term KARL R. THORN, JR. ACTION IN CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Michele L. Thorn, who currently resides at 790 Dogwood Terrace, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is Karl R. Thorn, Jr., who currently resides at 790 Dogwood Terrace, Boiling Springs, Cumberland County, Pennsylvania, 17007. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Katlynn Rachel Thorn 9/25/03(3) 790 Dogwood Terrace Boiling Springs, Pa. 17007 Mother and Father married on May 12, 2001. Mother and Father currently share physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Michele L. Thorn Karl R. Thorn, Jr. 790 Dogwood Terrace birth - present Boiling Springs, Pa. 17007 The mother of the child is Michele L. Thorn. She currently resides at 790 Dogwood Terrace, Boiling Springs, Pa. 17007. The father of the child is Karl R. Thorn, Jr. He currently resides at 790 Dogwood Terrace, Boiling Springs, Pa. 17007. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the child. 5. The relationship of defendant to the child is that of Father. The defendant currently lives with the child. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who 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: The parties are currently residing together but anticipate separating in the near future. Mother has been the primary caretaker of the child since birth. Mother is requesting a custody order which would confirm that she has primary physical custody, would provide for shared legal custody, and of partial custody for Father as the parties agree Mother believes that such an order would be in the best interest of the child because it would provide stability for the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Dater Z? 0 ) e Adams, Esquire I/D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: ?5? Michele L. Thorn, Plaintiff N •s ° 177 ? ? ? ? -? 4^ 7 cz MICHELE L. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. :srj Civil Term KARL R. THORN, JR. ACTION IN CUSTODY Defendant STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this / day of 2007, by and between Michele L. Thorn, (Hereinafter referred to as "Mother"), of Boiling Springs, Carlisle, Cumberland County, Pennsylvania, and Karl R. Thorn, Jr., (Hereinafter referred to as "Father"), of Boiling Springs, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Katlynn Rachel Thorn, date of birth, September 25, 2003; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. The parties are currently living together, but anticipate separation in the near future. Upon separation, Primary Physical Custody of the child, as that term is defined in the custody act, shall remain with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Upon separation, Father shall have liberal periods of partial custody with the child as mutually agreed by the parties. Father shall be entitled to an additional block of time with the children on all major holidays, including Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Witness Michele L. Thorn, Mother r o Witness Karl R. Thorn, Jr., Fath ,?x? =? -..? n ? ?. `, ?' ?? ?? ?.?-{ ? ::yj T ??:? t?7 -7 ,.,,? ? MICHELE L. THORN, Plaintiff vs. KARL R. THORN, JR. Defendant ORDER AND NOW, this Is f day of 3',,-kA L , 2007, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on May 25, 2007 shall be entered as an Order of Court. cc: Jane Adams, Esquire, for mother Karl R. Thorn, Jr., father IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. - 3 L $ Civil Term ACTION IN CUSTODY `vino z 1 :11 wv f - tit' LOOZ AbViQ4,', c;,UQ 3Hi A© 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. CUMBELAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeame-kopelaw.com MICHELE L. THORN, Plaintiff, vs. KARL R. THORN, JR., Defendant. Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3189 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW comes the above-named Defendant, KARL R. THORN, JR., by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Petition to Modify the Custody Order: 1. The Petitioner is Karl R. Thorn, Jr., residing at 9 Essex Drive, Carlisle, Cumberland County, Pennsylvania 17015 (hereinafter "Petitioner" or "Father"). 2. The Respondent is Michele L. Thorn, residing at 1397 Creek Road, Boiling Springs, Cumberland County, Pennsylvania 17007 (hereinafter "Respondent" or "Mother"). 3. A current custody order is in effect regarding the custody of the following child: Katlynn Rachel Thorn, born September 25, 2003 (currently 4 years old) (hereinafter the "child"). A copy of this Order, dated June 1, 2007, is attached as Exhibit "A". 4. The aforementioned Order resulted from a stipulation executed by Father prior to such time as he obtained counsel. Said stipulation provided that Mother shall have primary physical custody of the child, and Father "shall have liberal periods of partial custody with the child as mutually agreed by the parties." See the attached Order, paragraph 3. 5. It was Father's understanding at the time of execution of this Agreement that he would be receiving custody of the child in a liberal fashion, and that the parties would remain amicable and cooperative in discerning a schedule that best-suited the child. 6. The parties attended a support conference on September 4, 2007; at that time, Mother and Father discussed and ultimately agreed that Father would receive custody of 156 overnights per year. This agreement is reflected in the support order which resulted from the conference, attached as Exhibit "B". See "Other Conditions", Page 3 of the Support Order. 7. Since the execution of this stipulation, however, Mother has exercised unilateral control over the times when Father would have custody of the child. Mother and Father have not been able to implement a schedule which is satisfactory to both parties. Mother has consistently withheld custody of the child at whim, due to the events in Mother's life. In contrast, Mother has not made the child available to Father during certain times when Father has had activities planned for the child. Mother has also consistently limited the time that Father has with the child, resulting in far less time than agreed to by the parties previously. 8. Father has requested that Mother execute an amended stipulation implementing a schedule that would not only provide the child with consistency and routine, but that would also result in less friction between the parties as Mother would no longer be able to unilaterally dictate Father's custodial time with the child. Mother has refused to discuss formal implementation of any custody schedule. 9. Mother's constant control and manipulation of the child's relationship with Father has been a sincere detriment to the child, as well as to Father. 10. Although the maternal grandparents have constant contact with the child, Father believes that Mother now wishes to limit the contact that the child has with the paternal grandparents. The paternal grandparents of the child have had extremely close relationships with the child, enjoying substantial contact with the child. Father is concerned that Mother will continue to act to restrict the child's access to both Father and the paternal grandparents of the child. 11. Father does not believe that Mother is acting in the best interest of the child. 12. Father is thus hereby respectfully requesting that this Honorable Court issue an Order granting Father shared legal custody of the child, and primary physical custody of the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Mother has demonstrated that she is not considering the needs of the child, in maintaining a consistent relationship with the Father and the paternal grandparents; (b) Mother's current actions, in controlling and manipulation Father's custodial time with the child, negatively affect both the child and the child's relationship with Father; (c) Father is more than able to provide a stable home and stable emotional environment for the child; (d) Father has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so; and (e) Father has already demonstrated that he is more than willing to encourage the child to have positive relationships with both paternal and maternal grandparents, and with himself and Mother. Father would not take any steps to harm the child, and is in fact better suited to meet the needs of the child. WHEREFORE, Petitioner requests that this Honorable Court grant Father primary physical custody and shared legal custody of the child. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: Dated: (0 /0 ae4sley?/ m, Esq. (o la g MAY 3 0 2007 pe MICHELE L. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. d`Z C? Civil Term KARL R. THORN, JR. ACTION IN CUSTODY Defendant ORDER AND NOW, this 6xr day of , 2007, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on May 25, 2007 shall be entered as an Order of Court. JST j 6 J, "& -, (-u-- J. cc: Jane Adaras, Esquire, for mother Karl R. Thorn, Jr., father r COPY FROM O- '?f?W" M?i of ll I I h?I} a fi/fp`?#?6* Print' h an" YpYlt , MICHELE L. THORN, Plaintiff ? t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. art, Civil Term c. KARL R. THORN, JR. ACTION IN CUSTODY Defendant z r7' .mac .c N C' STIPULATION AND CUSTODY AGREEMENT r This Stipulation and Custody Agreement is made this day of , 2 co 007, by and between Michele L. Thorn, (Hereinafter referred to as "Mother"), of Boiling Springs, Carlisle, Cumberland County, Pennsylvania, and Karl R. Thorn, Jr., (Hereinafter referred to as "Father"), of Boiling Springs, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Katlynn Rachel Thorn, date of birth, September 25, 2003; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Q rn rn 6 0 Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. The parties are currently living together, but anticipate separation in the near future. Upon separation, Primary Physical Custody of the child, as that term is defined in the custody act, shall remain with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Upon separation, Father shall have liberal periods of partial custody with the child as mutually agreed by the parties. Father shall be entitled to an additional block of time with the children on all major holidays, including Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relationshin. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each parry agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other parry by telephone or any other means practicable, informing the other parry of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Witness Michele L. Thorn, Mother Witness Karl R. Thorn, Jr., Fath In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELE L. THORN ) Order Number 0 0 6 4 4 S 200'? Plaintiff ) VS. ) PACSES Case Number 025109371 KARL R. THORN JR ) Docket Number 0 0 6 4 4 5 2007 Defendant ) Other State ID Number ORDER OF COURT Q Final ® Interim 0 Modified AND NOW, 4TH DAY OF SEPTEMBER, 2007 based upon the Court's determination that the Payee's monthly net income is $ 1,347.18 and the Payor's monthly net income is $ 3,454.18 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit SEVEN HUNDRED TWENTY-FIVE DOLLARS Dollars ($ 725.00 ) a month payable SEMI-MONTHLY as follows: first payment due 09/15/07 IN THE AMT OF $355/SEMIMONTHLY/BASE + $7.50/SEMI MONTHLY/ON ARREARS. The effective date of the order is 08/10/07 . Arrears set at $ 1258.53 as of SEPTEMBER 4, 2 0 0 7 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of. Name KATLYNN THORN Service Type M Birth Date 09/25/03, Form Worke V _?_ ?, THORN V. THORN The defendant owes a total of $ 725.00 PACSES Case Number: 025109371 per month payable SEMI-MONTHLY ; $ 710.00 for current support and $15 . oo for arrears. The defendant must also pay fees/costs as indicated below. This order is allocated and monies are to be applied as follows: Frequency Codes: Payment Amount/ $710.00 /M $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / 1 =One Time M =Monthly Debt lype Description CS ALLOC/MED KATLYNN THORN Said money to be turned over by the Pa SCDU to: MICHELE L. THORN . Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Page 2 of 4 Form OE-518 Rev. 3 Service Type M Worker ID 21004 THORN V- THORN PACSES Case Number: 025109371 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for each child and/or spouse. Unreimbursed medical expenses of the obligee or children that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31st of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 72 % by defendant and 2 8 % by plaintiff. ® Defendant Q Plaintiff Q Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Q Plaintiff ® Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of : 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other Conditions: THIS ORDER IS BASED ON THE PARTIES PROVIDED INCOME STATEMENTS. THE PLAINTIFF'S COMPLAINT FOR SPOUSAL SUPPORT, GUIDELINE CALCULATIONS PROVIDE $382/MONTH, BUT IS NOT WARRANTED AT THIS TIME DUE TO THE DEFENDANT RESIDING IN THE MARITAL HOME LOCATED AT 790 DOGWOOD TERRACE, BOILING SPRINGS, PA 17007, AND MAKING 100$ OF THE FIRST AND SECOND MORTGAGE PAYMENTS. THE DEFENDANT IS ORDERED TO NOTIFY THIS OFFICE WITHIN 7 DAYS OF SALE OF THIS MARITAL HOME. SPOUSAL SUPPORT WILL BE REVIEWED AGAIN AT THAT TIME. PARTIES AGREE TO SHARED CUSTODY OF 156 OVERNIGHTS FOR THE DEFENDANT. THE DEFENDANT IS ORDERED TO MAINTAIN HEALTH INSURANCE FOR THE CHILD ON THIS ORDER AT A REASONABLE COST TO HIM THROUGH HIS EMPLOYER. THE DEFENDANT OWES FEES TO CUMBERLAND COUNTY DOMESTIC RELATIONS IN THE AMOUNT OF $35 AND ARE DUE WITHIN THIRTY DAYS. DEFENDANT DOES NOT DENY SPOUSAL SUPPORT. Defendant shall pay the following fees: Fee Total Fee Description $ 10.00 for JUDICIAL COMPUTER FEE $ 25.00 $ 0.00 $ 0.00 $ 0.00 for COURT COSTS for for for Payment Frequency Payable at $ 10.0 o Payable at $ 25 . 00 Payable at $ 0 . o o Payable at $ 0 . o o Payable at $ o . o o per ONE TIME per ONE TIME per per per Page 3 of 4 Form OE-518 Rev. 3 Service Type M Worker ID 21004 THORN V. THORN PACSES Case Number: 025109371 IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by o % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties - Date Consented: Plaintiff Defendant Plaintiff's Attorney Defendant's Attorney BY THE COURT: IX t U-4A ? Judge Page 4 of 4 Form OE-518 Rev. 3 Service Type M Worker ID 21004 VERIFICATION I, Karl R. Thorn, Jr., verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: D Karl R. Thorn, A. C=jl Co q w 77 v, -c MICHELE L. THORN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-3189 CIVIL ACTION LAW KARL R. THORN, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, July It, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, August 11, 2008 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john . Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?r Al ' If 11 ` ,.14. Al ' t Ytl ? I 1rjr go Z SEP 17 2008 MICHELE L. THORN, Plaintiff V. KARL R. THORN, JR., Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3189 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Karl R. Thorn, Jr., and the Mother, Michele L. Thorn, shall have shared legal custody of Katlynn Rachel Thom, born 09/25/2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Katlynn every other weekend from Thursday (9:00 am if there is no day care/school or if there is school/day care, fromer day care/school) until Monday morning 9:00 am. Pick up and drop offshall be at day care absent agreement otherwise. b. Father shall have custody of Katlynn every Wednesday from 5:00 pm until Thursday morning 9:00 am. Father shall pick Katlynn up at 5:00 pm at Mother's residence or meet Mother at gymnastics at 5:30 pm and then drop Katlyn off at day care Thursday morning. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the C q; N Cw 7 CL- PF3 (V t?s t w ts? .l CL ? Cl* -- W choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. This Order is entered pursuant to 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. D. stribution: esley Beam, Esquire Z?Janj e Adams, Esquire ./John J. Mangan, Esquire I?F I "es er%,,x t LL q/240e, By the Court, HOLIDAYS AND TIlVIES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 9 am until 6 pm. If one parent Father Mother has custody of the Child for Easter Sunday in any given year and it is the same parent's weekend, the other parent shall have custody of Katlynn from 11 am until 3 m Sunday. Independence Day From 9 am until 1/2 hour after Mother Father fireworks Thanksgiving 1 S From 9 am Thanksgiving Day to 3 Mother Mother Half m on Thanksgiving Da Thanksgiving 2° From 3 pm on Thanksgiving Day to Father Father half 9 m Thanksgiving Da Christmas l s Half From 11 am on 12/24 to 11 am on Mother Mother 12/25 Christmas 2° Half From 11 am on 12/25 to 11 am on Father Father 12/26 New Year's From 6 pm 12/31 until 6 pm January Father Mother 1St (with the 12/31 year to control the even/odd determination Mother's Da From 9 am until 6 m Mother Mother Father's Da From 9 am until 6 m Father Father MICHELE L. THORN, Plaintiff V. KARL R. THORN, JR., Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3189 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custody Katlynn Rachel Thorn 09/25/2003 Primary Mother 2. An Order of Court was issued June 1, 2007 pursuant to a stipulation of custody and a Conciliation Conference was held with regard to this matter on September 12, 2008 with the following individuals in attendance: The Mother, Michele L. Thorn, with her counsel, Jane Adams, Esq. The Father, Karl R. Thorn, with his counsel, Lesley J. Beam, Esq., by and through Shane Kope, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ?/4 Dat John Esquire Cus dy fA, iliator ti MICHELLE L. THORN, Plaintiff vs. KARL R. THORN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 3189 Civil Term ACTION IN CUSTODY PETITION FOR MODIFICATION 1. Plaintiff is Michelle L. Thorn, who currently resides at 516 N. Bedford St. Carlisle, Pa. 17013. 2. Defendant is Karl R. Thorn, Jr., who currently resides at'9 Essex Drive, Carlisle, Cumberland County, Pa., 17015. 3. The parties are the natural parents of Katlynn Rachel Thorn, born September 25, 2003. 4. The parties are currently subject to an Order of Court, dated September 19, 2008 under the above-captioned docket number. 5. Since entry of the last Order, the child has started Kindergarten and her schedule has changed. 6. The current custody schedule is difficult to follow due to the child's schedule. 7. Mother is requesting a modification of the current custody schedule, to a schedule which would be more convenient for the child, and better accommodate her school and bus schedule. 8. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition. WHEREFORE, Plaintiff requests the court to modify the custody Order regarding the child. Date: Respectfully submitted, ne Adams, Esquire 7D. No. 79465 17 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF r r? VERIFICATION I verify that the statements made in this Custody Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: qly ? C ichellel?T orri lai'ntiff L OF THE , ,r 2c709 SEP 23 x' ;12: t'r JV A . CL r, t /o. w Ctk sv .3 P,,. .1 30 9 3 y MICHELLE L. THORN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-3189 CIVIL ACTION LAW KARL R. THORN, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr„ Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 06, 2009 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ john . Man an r. Esq.- Wi 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 J ,r,? MICHELLE L. THORN Plaintiff V. KARL R. THORN, JR Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-3189 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance on behalf of the Defendant in the above-captioned matter. DATE 101 Respectfully submitted, ABOM & %UTULA"S, L.L.P ,0.0, Kara W. Hagge s uire 2 West High Stre Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant ID #86914 FILED-OFICE OF THc PRO i HONOTAPY 2009OCT -7 PM G: 06 ?JDUNTIY NOVL 3 20096 MICHELE L. THORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-3189 CIVIL ACTION LAW KARL R. THORN, JR., IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this day of November 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Father, Karl R. Thorn, Jr., and the Mother, Michele L. Thorn, shall have shared legal custody of Katlynn Rachel Thorn, born 09/25/2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody on a repeating two week schedule as follows: a. During the school year, in week one, Father shall have physical custody of Katlynn on Thursday picking Katlynn up from school until Monday morning dropping the Child off at school. b. During the school year, in week two, Father shall have physical custody from Friday after school is out until Saturday 3:00 pm. C. During the summertime, the parents shall share physical custody on a week on/ week off basis from Sunday 6:00 pm until the following Sunday at 6:00 pm. This schedule shall commence with Father starting his week the first Sunday after school lets out. The non-custodial parent shall pick up the Child from the custodial parent's residence. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. This Order is entered pursuant to 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. ,pistribution: ? K a Haggerty, Esquire e Adams, Esquire ,40'hn J. Mangan, Esquire 'Iri rs.n? iC?l, By the Court, J. ,. HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 9 am until 6 pm. If one parent Father Mother has custody of the Child for Easter Sunday in any given year and it is the same parent's weekend, the other parent shall have custody of Katlynn from 11 am until 3 m Sunday. Independence Day From 9 am until '/z hour after Mother Father fireworks Thanksgiving 1St From 9 am Thanksgiving Day to 3 Mother Mother Half m on Thanksgiving Da Thanksgiving 2" From 3 pm on Thanksgiving Day to Father Father half 9 pm Thanksgiving Day Christmas 1St Half From 11 am on 12/24 to 11 am on Mother Mother 12/25 Christmas 2" Half From 11 am on 12/25 to 11 am on Father Father 12/26 New Year's From 6 pm 12/31 until 6 pm January Father Mother 1St (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 6 m Mother Mother Father's Day From 9 am until 6 pm Father Father MICHELE L. THORN, Plaintiff V. KARL R. THORN, JR., Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3189 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custody of Katlynn Rachel Thorn 09/25/2003 Primary Mother 2. An Order of Court was issued June 1, 2007 pursuant to a stipulation of custody, a Conciliation Conference was held with regard to this matter on September 12, 2008, an Order issued September 18, 2008 and a conciliation conference was held November 06, 2009 with the following individuals in attendance: The Mother, Michele L. Thorn, with her counsel, Jane Adams, Esq. The Father, Karl R. Thorn, with his counsel, Kara Haggerty, Esq. 3. The parties agreed to the entry of an Order in the form as attached. l Date John . gan ; Esquire Cus ody onciliator FILED-- IC'F ,.)F THE Y 'ITAP 2009 DEC - i i M 2:38