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Home My WebLink About01-6240 PETER J. RUSSO, ESQUIRE P A Supreme Court ill: 72897 5010 E. Trind1e Road Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Plaintiff RICHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- ~J..4() C!~oJ 't~ TRACY L YNN-GESFORD THOMAS, Defendant CML ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, RICHARD D. THOMAS, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiff's Complaint for Custody: 1. The Plaintiff is RICHARD D. THOMAS, residing at 47 Drexel Place, New Cumberland, Pennsylvania 17070. 2. The Defendant is TRACY L YNN-GESFORD, whose last known residence is 47 Drexel Place, New Cumberland, Pennsylvania 17070. 3. Plaintiff seeks custody of the following child: Name Present Residence CYRICK ALAN THOMAS Unknown . DOD MARCH 8, 1998 4. CYRICK ALAN THOMAS was not born out of wedlock. 5. CYRICK ALAN THOMAS is presently in the custody of the Defendant, whose last known residence is 47 Drexel Place, New Cumberland, Pennsylvania 17070. 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Defendant Address Unknown Duration October 20, 2001 to present Plaintiff & Defendant 47 Drexel Place New Cumberland, PA October 1998 to October 20, 2001 Plaintiff & Defendant Green Street, Apt. D Camp Hill, P A March 8,1998 to October, 1998 7. The mother of the child is Defendant, currently residence is unknown. The mother is married. 8. The father of the child is Plaintiff, residing at 47 Drexel Place, New Cumberland, Pennsylvania 17070. The father is married. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation right with respect to the children. 12. The best interest and permanent welfare of the children will be served by granting the relief requested because the child has resided with the Plaintiff and Defendant during his entire life. The child and his father have a close relationship, and it will confuse and damage the child to be kept away from his father without any visitation. The father is also close to his paternal grandparents and is looking forward to the planned vacation. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that physical custody of the minor child, CYRlCK ALAN THOMAS, be placed with Plaintiff every Saturday, and also to order that Defendant produce the child on November 6, 2001 for the trip to San Antonio. Respectfully submitted, ~"-\.~ Peter J. Russo Attorney for Plaintiff Date: 1013010\ PETER J. RUSSO, ESQUIRE P A Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Plaintiff RICHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- TRACY LYNN-GESFORD THOMAS, Defendant CIVIL ACTION - LAW CUSTODY VERIFICATION I, Richard D. Thomas, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 2. 5' Odr <:f>/ /r:~~ Richard D. Thomas 0 C) ~ ~ c ,.., ? . '1 ~ ~ ,)",- C) mO) c, -:--i e 2[1; Z.1: -l :;-;.','; (I)~ W -< ':- a r.r':~ "- ~;; ;!::'.. "- e! L' ::1:-: ---ci. ~ Pc s; t f!! z () ~ :::;!. :.n ;-j 1:"- .-J ~J C) -< ~~ RICHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- v. TRACY LYNN-GESFORD THOMAS, Defendant CIVIL ACTION - LAW CUSTODY PETIDON FOR SPECIAL RELIEF SEEKING CUSTODY OF MINOR CHILD AND NOW, COMES, the Plaintiff, RICHARD D. THOMAS, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Petition for Special Relief Seeking Custody: 1. The Plaintiff has filed a custody complaint that has been docketed at the above listed number. A true and correct copy of the same is attached hereto as Exhibit 1. 2. RespondentlDefendant has been served a copy of this petition and the Custody Complaint via Personal Service and was provided the attached Notice of Intent to Present Petition. A true and correct copy of the same is attached hereto as Exhibit 2. 3. Plaintiff seeks custody of the following children: Name Present Residence CYRlCK ALAN THOMAS Presently Unknown DOB MARCH 8, 1998 4. Plaintiff is the natural father of the subject minor child. 5. Defendant is the natural mother of the subject minor child. 6. There is no custody order in place regarding the subject minor child. 7. The parents resided together at 47 Drexel Place, New Cumberland, PA 17070, until October 20,2001, at which time the Defendant mother left the marital residence. 8. On October 21, 2001, the Defendant returned to the marital residence and agreed to stay with the child at the marital residence, however, she then removed the child from the home when the Plaintiff was out. 9. Since that time the Defendant has repeatedly refused to provide the Plaintiff access to his son. 10. Defendant initially agreed to allow the Plaintiff to visit with his son on both October 21" and October 22m! but the later refused Plaintiff any visitation 11. On October 23,2001, Defendant asked her mother to watch Cyrick. 12. The maternal grandmother then contacted the Plaintiff and suggested that Plaintiff send some time with his son. 13. The next day, Defendant refused to permit the visit and advised Plaintiff that he could only visit Cyrick under her supervision. 14. Additionally, Cyrick is scheduled to travel to San Antonio, Texas with his paternal grandparents, Normand and Mary Thomas, on November 7,2001 to visit his great grandfather. 15. This is the second year that Cyrick accompanied his grandparents on this trip to see his great grandfather. 16. Prior to the parties' separation, both parties agreed to allow Cyrick to go on this trip. 17. Cyrick' s grandparents have already scheduled this trip and have already paid for this trip. A true and correct copy of Cyrick's ticket and itinerary are attached hereto as Exhibit 3. 18. The best interest of this child would be served if Cyrick were permitted to go on this trip with his grandparents. 19. The best interest of this child would be served if Plaintiff were provided physical custody every Saturday from 11 :30 am until 7 :00 pm, until further order of court or conciliation of this matter. WHEREFORE, Defendant requests this Honorable Court to enter the attached Order of Court until a further hearing on this matter. (:?l~?<1~ Peter J. Russo Attorney for Plaintiff Date: I () I aq/ (j J Attorney for Plaintiff PETERJ. RUSSO, ESQUIRE P A Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, P A 17050 (717) 591-1755 RIcHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND coUNTY, PENNSYLVANIA NO. 2001- v. TRACY L YNN-GESFORD THOMAS, Defendant CIVIL ACTION - LAW CUSTODY VERIFICATION I, Richard D. Thomas, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: '2.5 o.ff <7> I ;&? Richard D. Thomas RICHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- TRACY L YNN-GESFORD THOMAS, Defendant CIVIL ACTION - LAW CUSTODY AND NOW, this day of ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on the day of , 2001, at _.m. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 1 PETERJ.RUSSO,ESQUIRE P A Supreme Court ill: 72897 5010 E. Trindle Road Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Plaintiff RICHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- TRACY L YNN-GESFORD THOMAS, Defendant CML ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, RICHARD D. THOMAS, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is RICHARD D. THOMAS, residing at 47 Drexel Place, New Cumberland, pennsylvania 17070. 2. The Defendant is TRACY L YNN-GESFORD, whose last known residence is 47 Drexel Place, New Cumberland, Pennsylvania 17070. 3. Plaintiff seeks custody of the following child: Name Present Residence CYRlCK ALAN THOMAS Unknown DOH MARCH 8, 1998 4. CYRlCK ALAN THOMAS was not born out of wedlock. 5. CYRlCK ALAN THOMAS is presently in the custody of the Defendant, whose last known residence is 47 Drexel Place, New Cumberland, pennsylvania 17070. 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Defendant Address Unknown Duration October 20, 200 I to present Plaintiff & Defendant 47 Drexel Place New Cumberland, PA October 1998 to October 20, 2001 Plaintiff & Defendant Green Street, Apt. D Camp Hill, P A March 8,1998 to October, 1998 7. The mother of the child is Defendant, currently residence is unknown. The mother is married. 8. The father of the child is Plaintiff, residing at 47 Drexel Place, New Cumberland, Pennsylvania 17070. The father is married. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation right with respect to the children. 12. The best interest and permanent welfare of the children will be served by granting the relief requested because the child has resided with the Plaintiff and Defendant during his entire life. The child and his father have a close relationship, and it will confuse and damage the child to be kept away from his father without any visitation. The father is also close to his paternal grandparents and is looking forward to the planned vacation. , 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, Plaintiff requests this Honorable Court to order that physical custody of the minor child, CYRlCK ALAN THOMAS, be placed with Plaintiff every Saturday, and also to order that Defendant produce the child on November 6, 2001 for the trip to San Antonio. Respectfully submitted, ~~L" Peter J. Russo Attorney for Plaintiff """ Date: 1013010\ , .' .. PETER J. RUSSO, ESQUIRE P A Supreme Court ill: 72897 5010 E. Trind1e Road Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Plaintiff RICHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- TRACY LYNN-GESFORD THOMAS, Defendant CML ACTION - LAW CUSTODY VERIFICATION I, Richard D. Thomas, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 2. 5 0<.11"" C/'I /t~~ Richard D. Thomas PETERJ. RUSSO, ESQUIRE P A Supreme Court ID: 72897 5010 E. Toodle Road Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Plaintiff RICHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- TRACY L YNN-GESFORD THOMAS, Defendant CIVIL ACTION - LAW CUSTODY NOTICE OF INTENTION TO PRESENT PETITION I, Peter J. Russo, Esquire, hereby advise you, Tracy Lynn-Gesford Thomas, with notice of my intention to present the attached petition to the Court of Common Pleas of Cumberland County on November 5, 2001. Date: 10/10)0' C~I Peter J. Russo 2 - .~~ <i,j.~ .-'.A' t'''~:' - ."~ -~-- --'c'<' ;-il.,--'" <~ :(;1'1. ll:(I~lj:1. ,,~>.I. CrW.I: rr~1.. C.[ TY i'l I'd.. I... d'il' 1-111.1.. 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C> Z c) .-..* )> c '2 L,) z ::~ =<! :n :U <0 -< , PETER J. RUSSO, ESQUIRE P A Supreme Court ill: 72897 5010 E. Trind1e Road Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Plaintiff RICHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2001 - G 'JlfO TRACY L YNN-GESFORD THOMAS, Defendant CIVIL ACTION - LAW CUSTODY PRAECIPE TO WITHDRAW EMERGENCY PETITION TO THE PROTHONOTARY: Kindly withdraw the Emergency Petition filed in the above-captioned matter as the parties were able to resolve the issues contained within said petition. Respectfully submitted, Date: November 9.2001 C~~? Peter J. Russo "' , PETERJ.RUSSO,ESQUIRE P A Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Plaintiff RICHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- TRACY L YNN-GESFORD THOMAS, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I am on this day, serving a copy of the foregoing document upon the person and in the manner indicated below: Service by First Class Mail, Postage Prepaid, and addressed as follows: Keirston Davidson, Esquire 301 Market Street Lemoyne, PA 17043 c- ~) Z Peter J. Russo DATE: November 9. 2001 , (') 0 0 ~ ...., :z: ..... ~~ 0 -1.~ ~.:" :Ti ..: ~;~ ~~ .&:" --....... ~e j::~:~( :Po --r, -'--n ~8 ::J: ~.:'.)o g brn ~ N ~ \0 ~ RICHARD D. THOMAS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . 01-6240 C1VILACTlONLAW TRACY L YNN-GESFORD THOMAS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 14, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, December 11, 2001 at 9:15 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevy. Esq. ~ 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 HA VB 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 FILED--OfFICE Of'.u': :-'"n'"HONOTARY . !; h__ ' , L'..'" 01 NOV 15 AM 10: 32 11/115701- c~. ~P't rn.'c.'d~~~~lAk~a C!..op y ,." d-t~.d..:-k~ l>d4 . ~P'fma~ -bMy~t.Jy TRACY L. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI- "a'iDCIVIL TERM CIVIL ACTION - LAW v. RICHARD D. THOMAS, IN CUSTODY Defendant CUSnQDYAGREEMENT 1. Tracy L. Thomas, hereinafter referred to as MOTHER, currently resides at 60 S. 36th Street, Camp Hill, Cumberland County, Pennsylvania. 2. Richard D. Thomas, hereinafter referred to as FATHER, currently resides at 47 Drexel Place, New Cumberland, Cumberland County, Pennsylvania. 3. MOTHER and FATHER are the natural parents of one minor children, Cyrick A. Thomas, age 3Y:., whose date of birth is March 8, 1998. 4. MOTHER and FATHER shall share physical and legal custody of their minor child. Shared legal custody shall be defined as the right to make major decisions effecting the child's life, including medical decisions, religious decisions, educational decisions, and extracurricular activity decisions. Shared physical custody shall be defined as an arrangement whereby both parents are ensured of frequent and continuing contact with their child. 5. MOTHER shall have primary physical custody of the minor child. 6. FATHER shall have partial physical custody of the minor child pursuant to the following schedule: A. Each and every Saturday from 11 :00 a.m. until 7:00 p.m.; B. Any other time the parties can mutually agree upon. 7. FATHER is a student at the Harrisburg Area Community College (HACC), and it has been the parties' routine for FATHER to take the child to daycare at HACC prior to attending his classes, and then pick the child up from daycare once his classes end. The parties agree that that practice shall continue along the following lines: On each and every Monday, Wednesday and Friday, FATHER shall pick the child up at MOTHER'S home between 6:30 and 7:30 a.m. and deliver the child to the daycare at HACC where he shall remain until FATHER'S classes end. FATHER shall then return the child to MOTHER'S place of employment between 3:30 and 4:00 p.m. 8. FATHER'S parents, Mary and Norman Thomas, have plans to travel with the minor child to Texas to visit FATHER'S relatives. The parties agree that this trip would be in the best interest of the child and therefore, consent to it. FATHER'S parents shall be entitled to pick the child up from MOTHER'S home on Tuesday, November 6, 2001 and vacation with him until Sunday, November 11, 2001, at which time FATHER'S parents shall return the child to MOTHER'S residence. Specific times shall be mutually agreed upon by the parties. 9. The parties intend that this Custody Agreement shall be made into an Order of Court. ~Nove~bp" 2~fJ/ Date ~~ T acy L. omas ~~ Richard D. Thomas 11 tJ.\I 0'>\ Date :151326 - -- - - -..- _._,....._-"._._-----"'~~-~..,-~,_._~.p_.-.... >- l"- i': ,r ---", c:: ~~~ z -, (0") ::J C,' 0<( ..,- u~ (,1- - ,",:1::; C':) .')- ~.'" (/) C"") )2 ;:-~,~ '-ez ,-.j,~ c C~l ;;;:: ~ ~) Cl c.:> DEe 0 3 2001 (,0 RICHARD D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001 - 6240 TRACY LYNN-GESFORD THOMAS, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, THIS r day of Q~~ , 2001, upon consideration of the attached Custody Agreement signed by all parties of interest, said Agreement is hereby incorporated and made part of this ORDER. J. Distribution: Peter J. Russo, Esquire Keirsten W: Davidson::r:J jJr::~K5 I '. ~INV!\1!SNN3d )JNnoo Q\i\rji!1FIi^inJ 6 '. "d C - '''3' a 10 1-: ,/ k " J AWLOt.JC,:'i-/,^ ().',,~ . ::JO :/:),':(/(}'C;,:,:;" RICHARD D. THOMAS, Plaintiff DEe 0 5 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6240 vs. TRACY L YNN-GESFORD THOMAS, Defendant CIVIL ACTION - LAW CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 27th day of November, 2001, the Conciliator, having been advised that the parties have reached an agreement as to the custody matter before the Court, hereby relinquishes jurisdiction of the matter. Me ssa Peel Greevy, Esquire Cu ody Conciliator >- 0; ~, ,- r-- './",-' ~0~:-; " C) '--..-' t.L: ;.-c. i.L o en c:: i$ 5'0: ,-....-- :>-'2 '-_J~. ---: (j::::J ':y>-= :'~(j) ,.5~~ i.llLU ~? a.. :.:5 (.) :iC IIICJ: U l.LJ c::J o RICHARD D. THOMAS 180 Ranelle Drive Columbus, OH 43204-1274 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, CIVIL ACTION - LAW vs. CUSTODY TRACY L YNN-GESFORD, now TRACY LYNN GESFORD MADDEN 131 Carbon Street Weatherly, PA 18255 NO. 2001 - 6240 Defendant. PETITION FOR TRANSFER OF VENUE ON BEHALF OF DEFENDANT. TRACY L YNN-GESFORD Defendant, TRACY L YNN-GESFORD, now TRACY LYNN GESFORD MADDEN, moves for a Transfer of Venue from Cumberland County to Carbon County and attaches hereto a copy of the existing Custody Order and Agreement, made a part hereof and marked as Exhibit "A", by and through her counsel, John M. Gallagher, Esquire, and in support thereof avers the following: I. Between on or about June 2002 and December 2002, the Defendant, Tracy Lynn-Gesford, now Tracy Lynn Gesford Madden, resided in Camp Hill, Cumberland County, Pennsylvania, with the parties' minor son, Cyrick Thomas. 2. Between on or about October 1998 and December 2004, the Plaintiff, Richard D. Thomas, Resided in New Cumberland, Cumberland County, Pennsylvania. 3. On December 5, 2001, the parties entered into a Custody Agreement in which Defendant, Tracy Lynn-Gesford, now Tracy Lynn Gesford Madden, was given primary physical custody ofthe minor child and the Plaintiff, Richard D. Thomas, was given partial physical custody of the minor child. A true and correct copy of said Agreement is attached hereto and made a part hereof and marked as Exhibit "A". 4. Partial custody consisted of Saturday visits and any other time the parties could mutually agree. 5. The Custody Agreement was entered as an Order of court by the Honorable Edgar B. Bayley in the Court of Common Pleas of Cumberland County, Pennsylvania. 6. On or about July 2003, Defendant moved residence to Weatherly, Carbon County, Pennsylvania, with parties minor son, Cyrick Thomas. 7. Cyrick Thomas has lived with the Defendant in excess of six months in Carbon County. 8. On or about December 2004, Plaintiff, Richard D. Thomas, moved residence to Columbus, Franklin County, Ohio. 9. As a result ofthe relocation of both parties, the terms and conditions of the attached Order have been rendered impossible to enforce and jurisdiction now properly should be transferred to Carbon County. WHEREFORE, Defendant, TRACY L YNN-GESFORD, now TRACY LYNN GESFORD MADDEN, respectfully requests a Transfer of V enue to Carbon County with costs of such transfer to be taxed to Defendant. LAPUTKA, BAYLESS, ECKER & COHN, P.C. Attorneys for Defendant Dated: July 20, 2005 BY: ..L./___, " /~..- John M. G!!.UlJ,gher~quire LAtty:ID"No. 59504 2 E. Broad St., 61h FIr. Hazleton, P A 18201 (570) 455-4731 ----~."_. CJ ...., ",',:_1 C=I C c:::~ -n CJ" .-1 -T- ! , ['I "" -T; (.."1 , C') C) :-0 , -~ RICHARD D. THOMAS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY L YNN-GESFORD, NOW TRACY LYNN GESFORD MADDEN, DEFENDANT : 01-6240 CIVIL TERM AND NOW, this ORDER OF COURT -a day of July, 2005, the petition for a transfer of venue by Tracy Lynn Gesford, IS DENIED.' ---~- . / By the c~l1ff, / / ( Co: Edgar B. Bayley, J. ~n M. Gallagher, Esquire For Defendant ~chard D. Thomas 180 Randell Drive Columbus,OH 43204-1274 :sal I There is no litigation pending in this court for which to consider transferring venue to another county. - .::t C0 Q ..'..- ,,;.::i: , .' 0--' N .._J .;-~; u_ If::> ~S C? () r:;;;:.J <:.) c-J c . _._ ., RICHARD D. THOMAS, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN CUSTODY TRACY L YNN-GESFORD, NOW TRACY LYNN GESFORD MADDEN, Defendant NO. 01-6240 CIVIL TERM PETITION FOR IMMEDIATE RELIEF AND NOW, comes Plaintiff, Richard Thomas, filing the within Petition for Immediate Relief, and avers as follows: 1. The Plaintiff is Richard Thomas (hereinafter referred to as IIFatherll), who currently resides at 316 S. Richardson Avenue, Columbus, OH 43204. 2. The Defendant is Tracy Lynn-Gesford now known as Tracy Lynn Madden (hereinafter referred to as IIMotherll), who currently resides at 131 Carbon Street, Apt. A, Weatherly, PA 18255. 3. The parties are the parents of one minor son, Cyrick Alan Thomas, born on March 8, 1998. 4. Custody of the parties' son is set forth in the Court Order entered on December 5, 2001 by the Honorable Edgar B. Bayley, (hereinafter referred to as the "Order"), which Order incorporated the Custody Agreement executed by the parties in November, 2001. 5. Inasmuch as neither party currently resides in Cumberland County, the custody arrangement set forth in the Order and Custody Agreement noted above is no longer possible. 6. Father has attempted to resolve custodial issues directly with Mother and such efforts have failed. 7. Father would like to have physical custody of Cyrick during the 2006 Labor Day weekend. 8. Correspondence has been forwarded to both Mother's prior counsel, John Gallagher, Esquire, and directly to Mother. 9. Father does not believe that Mother will respond to the correspondence . 10. The request for custody during Labor Day weekend is urgent because Father's brother is being deployed to Iraq shortly after Labor Day and there will be a farewell party during the Labor Day weekend. 11. Father desires that Cyrick attend the farewell gathering and be able to spend time with Father and the family over that weekend. 12. Father is simultaneously filing a Petition for Modification to resolve other custodial issues. WHEREFORE, Plaintiff requests the Court to grant physical custody of the parties' son to him from September 1, 2006 through September 4, 2006. TUCKER ARENSBERG, P .C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF 88870.1 VERIFICATION I, the undersigned, Richard Thomas, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. /..~.~ /':~~~"-::>../ " ..,.- ~:;Richard Thomas - Dated: G AlJ~ ([)G, '-, CERTIFICATE OF SERVICE AND NOW, this /fJ. ~ay of 4u;UJ T. 2006, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by hand delivery, addressed as follows: Tracy Lynn Gesford Madden 131 Carbon Street, Apt. A Weatherly, PA 18255 da~~ Gloria M. Rine - g ~ G. ~ ~ ~ ;:: ~ ..,.. ~ -om:p. ~ . ~ ~f.H .s:, , We ~ ~ ~ ~~, -- 04) :eo '- ",.c... 0 J ). 5>~ ~ C) :p. 3: Jf! <..4' " RICHARD D. THOMAS, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY TRACY L YNN-GESFORD, NOW TRACY LYNN GESFORD MADDEN, Defendant : NO. 01-6240 CIVIL TERM PETITION FOR MODIFICIA TON AND NOW, comes Plaintiff, Richard Thomas, filing the within Petition for Modification, and avers as follows: 1. The Plaintiff is Richard Thomas (hereinafter referred to as "Father"), who currently resides at 316 S. Richardson Avenue, Columbus, OH 43204. 2. The Defendant is Tracy Lynn-Gesford now known as Tracy Lynn Madden (hereinafter referred to as "Mother"), who currently resides at 131 Carbon Street, Apt. A, Weatherly, PA 18255. 3. The parties are the parents of one minor son, Cyrick Alan Thomas, born on March 8, 1998. 4. Custody of the parties' son is set forth in the Court Order entered on December 5,2001 by the Honorable Edgar B. Bayley, (hereinafter referred to as the . "Order"), which Order incorporated the Custody Agreement executed by the parties in November, 2001. 5. Inasmuch as neither party currently resides in Cumberland County, the custody arrangement set forth in the Order and Custody Agreement noted above is no longer possible. 6. Father has attempted to resolve custodial issues directly with Mother and such efforts have failed. 7. Father requests that a custody conciliation conference be scheduled and that the present Order be modified. WHEREFORE, Plaintiff requests the Court to schedule a custody conciliation conference to address his concerns and have the current Order modified. /~to;~ TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF 888711.1 .. . ... VERIFICATION I, the undersigned, Richard Thomas, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~~.....././.."../~ // ..~./../ JRichard Thomas ~ Dated: G All:) ~ . . ( '~" , J .. CERTIFICATE OF SERVICE AND NOW, this Ld ~ay of ~! v,S! ,2006, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by hand delivery, addressed as follows: Tracy Lynn Gesford Madden 131 Carbon Street, Apt. A Weatherly, PA 18255 d:eaL .. n f'..:l ~ 8 1f Q c ~ ~ 5: cr- "- ;:Rffi :Do> ~ ~ c:: .... " lV- -:11".~'. j G"> ;r~ ~ Z(~ ~ ~ ~~F 0 ......... kC) ~ ~ )>r- :tlfo ~ Z.l ::I: -.t:. ~ )>0 ~ c: W ~ ~ z =< N '" c.n } RICHARD D. THOMAS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-6240 CIVIL ACTION LAW TRACY L YNN-GESFORD, NOW TRACY LYNN GESFORD MADDEN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August IS, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Tuesday, September 12, 2006 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /sl Melissa P. Gree 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 infonnation 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 ~~-?-~~ .--tfp ,? ~tr>~ ~ ~ ~ ~ /'I~~~-~ VIN\lAlASNN3d ALNnCO 0'.i'::'lfP8tlno 61 : II WV 91 snv 900Z Al:iV10NOHlOOd 3H! :30 30H,o-a31l:1 tl)7 - '7/!> ?P-~/? ~-'.Y'.!> ].------- , RICHARD D. THOMAS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY L YNN-GESFORD, NOW TRACY LYNN GESFORD MADDEN, DEFENDANT : 01-6240 CIVIL TERM AND NOW, this ORDER OF COURT r I ) day of August, 2006, a hearing on the within petition for emergency custody shall be conducted at 9:15 a.m., Wednesday, August 23, 2006, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Edgar B. Bayle ,J. ! Sandra L. Meilton, Esquire For Plaintiff S-/~-OCt, ~ ~ ~ Tracy Lynn Gesford Madden 131 Carbon Street, Apt. A Weatherly, PA 18255 :sal ~ 'Q 'ct5 I.'-i!:: ~~ ft~ ~ lP (;:) 2t ::c: 0.. lP - ~~ C)Z ~_ 4 :13 ~::::&2 '~l)Z -'z ;~bUJ ::on.. -<; - 3 (.!) ~ "'" ~ c--O RICHARD D. THOMAS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW TRACY L YNN-GESFORD, NOW : IN CUSTODY TRACY LYNN GESFORD MADDEN, Defendant : NO. 01-6240 CIVIL TERM ORDER OF COURT AND NOW, this "2-~ day of , 2006, upon agreement by the parties as evidenced by their signed Stipulations, it is hereby ORDERED AND DECREED that Plaintiff shall have physical custody of the parties' son, Cyrick Alan Thomas, from Friday, September 1, 2006 at noon until Monday, September 4, 2006 at 3:00 p.m. Transfer of custody to effectuate this custodial period shall occur at the McDonald's Restaurant located at 707 Main Street, Clarion, PA 16214 (the location previously established by the parties). BY THE C9VRT:/ /" ........... J. ,D'" \ ~.~ o >- ~ t52 n-C) F5 iE 7"0 00:: We.. Ei!jE t5 <::I In '" if ;?:: 2: ;:;:>:<1: ;::?~ '~J ::5 ~'" >' _ .:;t::J S~ ~nLU :;,'!: a.. =5 o 0\ C\,J <.!> ::::> .q; ..." :s c--.. RICHARD D. THOMAS, : IN TIffi COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW TRACY L YNN-GESFORD, NOW: IN CUSTODY TRACY LYNN GB8FORD MADDEN, : :; (.1l(,.- Defendant: NO. 01-6240 CIVIL TERM STIPULATION AND NOW, this J... I day of tl v~ u') -r ,2006, Richard D. Thomas, Plaintiff, together ~111M'is atto ey, Sandra L. Meilton, Esquire, and Tracy L~-Ce.fv.J Madden, Defendant, hereby stipulate that the following is the substance of their agreement setting forth a custodial schedule for their minor son, Cyrick Alan Thomas, for the 2006 Labor Day weekend. The parties respectfully request that your Honorable Court issue an appropriate Order of custody and visitation in accordance; with their agre!=ll1ent and stipulation: 1 I. It is agreed that Plaintiff, Richard D. Thomas, shall have physical custody of the parties' son, Cyrick Alan Thomas, from Friday, Sept!=ll1ber I, 2006 at noon until MotJ.day, September 4,2006 at 3:00 p.m. Transfer of custody to effectuate this custodial period shall occur at the McDonald's R&'taurant located at 707 Main Street, Clarion, PA 16214 (the location'previously established by the parties). 2. It is further understood by the parties that each party is reviewing and signing this Stipulation and forwarding same by facsimile transmission to Sandra L. Meilton, Esquire, (facsimile - (717) 232-6802), and that Sandra L. Meilton, Esquire will present the Stipulation. containing both parties' faxed signatures to the Court. The parties furtherJl\ipulate and agree that the faxed signatures beplresented to the Court, that the hearing scheduled before this Honorable CoUrt for August 23, 2006 at 9:15 a.m. be cancelled and that an Order be! entered conftrming the parties' ammgement for the 2006 Labj)r Day weekend. p Wituess Richard D. Thomas /1 ~ &h I/-J---. I - S4r1 LjY ~A/ . I Witness Tracy Lynn Gesfel'd Madden ~42?Jt- ~