HomeMy WebLinkAbout09-149411. Friends and family of Plaintiff and Defendant consider Courtney to be
Plaintiffs daughter.
12. Courtney considers herself to be Plaintiffs daughter.
13. Plaintiff is the only father Courtney has ever known.
14. Defendant has always agreed to Plaintiff's role as Courtney's father.
15. Courtney refers to Plaintiff as "Dad" and has always done so.
16. The relationship of Plaintiff to Courtney Morris is that of "legal" father.
17. The relationship of Defendant to Courtney Morris is that of natural mother.
18. Plaintiff has not participated as a party or in any other capacity in
other litigation concerning the custody of the Children in this or any other Court.
19. Plaintiff have no information of a custody proceeding concerning the
Children pending in a Court of this Commonwealth.
20. Each known parent whose parental rights to the Children has not been
terminated and the person who has physical custody of the Children have been named
as parties to this action.
21. No other persons are known by Plaintiff to have or claim to have any right
to custody or visitation of Kayla Thomas other than the parties to this action.
22. The identity of the biological father of Courtney Moore is unknown;
Defendant claims not to have been acquainted whatsoever with the man who fathered
Courtney, and Courtney's birth certificate is blank as to the father's name.
23. Plaintiff has provided and continues to provide a constant caring,
nurturing, stable home and life for the Children.
24. Defendant has continuously and steadily removed herself from the
Children's lives, leading to the current status quo where the Children have not seen or
heard from Defendant in nearly two months.
25. Defendant's life is erratic and in a constant state of upheaval and, were
the Children to be in her custody, would present a danger to the Children's physical,
emotional and mental well-being.
26. It is believed therefore it is averred that Defendant has warrants
outstanding for her arrest.
27. It is believed therefore it is averred that in an effort to evade arrest
Defendant avoids her permanent residence and frequently stays at other locations.
28. It is believed therefore it is averred that Defendant is severely mentally
unstable.
29. It is believed therefore it is averred that Defendant attempted to commit
suicide on or about March 4, 2009.
30. Plaintiff fears for the safety of the Children if they should be allowed in
Defendant's custody, particularly without adequate supervision.
31. Defendant informed Courtney on February 8, 2009, that "I am going to
take you far, far away," or words to that effect; Defendant told Courtney that this
information was a "secret" and had Courtney make a "pinky promise" not to tell Plaintiff.
32. It is believed therefore it is averred that Defendant plans to remove the
Children from the Commonwealth of Pennsylvania.
33. Considering Defendant's recent suicide attempt, the statement in
paragraph 31 could also refer to plans to harm Courtney.
34. The Children are familiar, comfortable and successful in the Carlisle Area
School District, with a circle of friends in the area.
35. Defendant has demonstrated and continues to demonstrate a settled
purpose in relinquishing her responsibilities as parent of the Children.
36. Defendant has surrendered the Children entirely into the care and custody
of Plaintiff since October 2008.
37. Defendant has made no effort to see the Children, since January 25,
2009, and has seen them only one since that date, in an incidental meeting on February
8th.
38. Defendant does not call to speak to the Children and has not spoken to
the Children since January 25, 2009, except for one incidental meeting on February 8th.
39. Defendant provides no care and evinces no interest in the care of the
Children.
40. For the entire lives of each and both of the Children, Plaintiff has acted
affirmatively and successfully in an effort to perform in a positive role as the Children's
father. (Exhibit W, a letter from Courtney's kindergarten teacher, dated March 1, 2009,
is attached and incorporated herein as if fully set forth.)
41. Plaintiff will protect the emotional, physical and mental well-being of the
Children.
42. The best interest and permanent welfare of the Children will be served by
granting the relief requested because Plaintiff is the primary care giver with respect to
the Children, and for the further reasons stated herein.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to award
Plaintiff Sole Legal Custody and Sole Physical Custody of both of the minor Children,
and to declare Plaintiff the legal father of Courtney Morris.
Respectfully Submitted,
CG.3/Io/C?,9
Date
TURID LAW
Con Andrew Sr
28 S Nth Pitt Sti
Carlisl . PA 170
, Esquire
(717)
VERIFICATION
I verify that the statements made in the foregoing 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 unsworn falsification to authorities.
31 lo icy
Date an y Th s, Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Custody Complaint, by
certified mail, return receipt requested, postage pre-paid, and by depositing the same in
the United States Mail, first class, postage pre-paid on the Tenth day of March, 2009,
from Carlisle, Pennsylvania, addressed as follows:
Melissa Morris
308 South State Road
Marysville, PA 17053
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RANDY THOMAS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2009-1494 CIVIL ACTION LAW
MELISSA MORRIS
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, March 17, 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 4tb Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 14, 2009 at 10:00 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 j. Mangan, r., 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
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
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RANDY THOMAS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 09-1494 CIVIL ACTION LAW
MELISSA MORRIS, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this --? day of April 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Father, Randy Thomas, and the Mother, Melissa Morris, shall have shared
legal custody of Kayla Thomas, born 06/27/2001 and Courtney Morris, born 05/15/2003. The
parties shall have an equal right to make all major non-emergency decisions affecting the
Children's general well-being including, but not limited to, all decisions regarding their health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled
to all records and information pertaining to the Children including, but not limited to, medical,
dental, religious or school records, the residence address of the Children and 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: Father shall have primary physical custody of the Children subject to
Mother's supervised physical custody as the parties may agree. Mother is to be supervised by
maternal grandfather or some other mutually agreed upon person.
3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis.
4. Holidays: The parents shall arrange/alternate the holidays as mutually agreed upon.
5. Mother is specifically prohibited from removing the Children from this jurisdiction unless
Father expressly consents in writing. In the event Father consents, Mother shall provide Father
within twenty-four hours of departure of the intended destination and a telephone number at
which she can be reached.
6. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
7. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
8. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
L I .Z Wd L ! Nd 60OZ
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intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
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.
By the Court,
Dip 'bution:
orin Snyder, Esquire
??' ,Melissa Morris, 643 Front Street, Marysville, PA 17053
,i6hn J. Mangan, Esquire
4
RANDY THOMAS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 09-1494 CIVIL ACTION LAW
MELISSA MORRIS, IN CUSTODY
Defendant
CUSTODY CONCHJATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CWM PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Kayla Thomas 06/27/2001 Primary Father
Courtney Morris 05/15/2003 Primary Father
2. A Conciliation Conference was held with regard to this matter on April 14, 2009 with the
following individuals in attendance:
The Mother, Melissa Morris, did not appear
The Father, Randy Thomas, with his counsel, Lorin Snyder, Esq.
3. Melissa Morris did not appear despite the undersigned verifying that she did receive the
complaint and notice. The younger Child, Courtney, is not Father's biological Child and there
is no father listed on her birth certificate. However, the Child views Randy Thomas as her
Father and he views her as his daughter. Randy Thomas has had shared custody of the
Children from 2006 until October 2008. Since October 2008, Father has had primary custody
of the Children. Father has concerns about Mother's mental health and has concerns for the
Children's well-being with Mother. Father indicates that Mother does not have housing at
present and has been staying with friends and relatives. Mother only has sporadic contact with
the Children and may have unresolved criminal concerns. Father is concerned that Mother may
attempt to abscond with the Children. Father indicates that he is employed, has adequate
housing for the Children and has enrolled the Children in his school district. Father indicates
that he is not attempting to alienate the Children from their Mother and wants Mother to be a
part of the Children's life. Father believes that he and the Mother can work out some sort of
custody arrangement. At present, Father requests that Mother's time with the Children be
supervised by maternal grandfather or some other mutually agreed upon person.
4. The undersigned recommends the entry of an Order in the form as attached.
(-/
Date John J an, Esquire
Custo y Conciliator
RANDY THOMAS, IN THE COURT OF COMMON PLEAS
PLAINTIFF/RESPONDENT OF CUMBERLAND COUNTY
PENNSYLVANIA
VS.
MELISSA MORRIS, NO: 09-1494
DEFENDANT/PETITIONER CIVIL - CUSTODY
o -i
PRAECIPE FOR ENTRY OF APPEARANCE sn�
All cWim
o
To the Prothonotary: --4 M
COMES NOW, Jerry A. Philpott, Esquire, and enters his appearance in this mate on
behalf of the Petitioner, Melissa Morris.
April 3, 2013 Respectfully submitted:
Je P squire
e Court ID #47624
227 N. High Street, P.O. Box 116
Duncannon, PA 17020
717-834-3087
1
RANDY THOMAS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
-y
V' 2009-1494 CIVIL ACTION LAW " n
M, -_0
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MELISSA MORRIS
IN CUSTODY �.
DEFENDANT
mac. CD
ORDER OF COURT "
AND NOW, Monday,April 15,2013 , 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 Tuesday,May 14,2013 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 pennanent 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/ fohnJ. Mangan, Jr., 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
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 1.7013
Telephone (717)249-3166
o a� Ff
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RANDY THOMAS, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent OF CUMBERLAND COUNTY,
PENNSYLVANIA,
VS.
NO: 09-1494 CIVIL ACTION
MELISSA MORRIS, C- _
Defendant/Petitioner IN CUSTODY M -
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CERTIFICATE OF SERVICE C..)
I, Gail F. Andrews, Secretary/Legal Assistant for Philpott Wilson LLP, hereby]�rti§2thX
on this 15' day of April, 2013, a time-stamped Complaint in Custody was served uponf
Plaintiff/Respondent,by US First Class postage prepaid mail, and by US First Class postage prepaid
certified mail number 7009 0820 0001 5650 3796, return receipt requested, address
correction/forwarding requested; addressed as follows:
Randy Thomas
385 Queen Street
Chambersburg,PA 17201-2323
Gail F. Andrews, Sec/Legal Assist.
Jerry A. Philpott, Esquire
Supreme Court ID #47624
227 N. High St., PO Box 116
Duncannon, PA 17020
717-834-3087
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U.S. Postal Service.Tm
CERTIFIED MAIL. RECEIPT
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Postage $
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C3 Return Receipt Fee �r
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COMPLETE •N COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. signature
item 4 if Restricted Delivery is desired. Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. g�iec e Name C' ate o Delivery
■ Attach this card to the back of the mailpiece, (�1�_�.�Yl
or on the front if space permits.
1. Article Addressed to: D. Is delivery a dress different from item ? Yes
If YES,enter delivery address below: 0 No
�• // 3. Service Type
"B ft rtified Mail El Express Mail
O Registered O-Retum Receipt for Merchandise
/ ,�Zoia,3a3 O Insured Mai( ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number -
(Transfer from service 7abeo 7009 0 8 2 0 0 0 01, 5_6.5. 0 3796
PS Form 3811,February 2004 Domestic Return Rec", 102595-02-M-1540
V
RANDY THOMAS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V., No. 09-1494 CIVIL ACTION LA, _;
rnm
MELISSA MORRIS, IN CUSTODY
Defendant
Lnc_,
� -4c�
Prior Judge: J. Wesley Oler, Jr., Sr. J. C
ORDER OF COURT
AND NOW this day of June 2013, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Lesgal Custody: The Father, Randy Thomas, and the Mother, Melissa Morris, shall have shared
legal custody of Kayla Thomas,born 06/27/2001 and Courtney Morris,born 05/15/2003. The
parties shall have an equal right to make all major non-emergency decisions affecting the
Children's general well-being including,but not limited to, all decisions regarding their health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled
to all records and information pertaining to the Children including,but not limited to,medical,
dental,religious or school records, the residence address of the Children and 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: Father_shall have primary physical custody of the Children subject to
Mother's partial physical custody as follows:
a. During the school year, Mother shall have alternating weekends from Friday
6:00 pm until Sunday 6:00 pm with Mother picking up on Friday and Father
picking up Sunday at the designated times at the other parent's residence.
b. During the summertime, the parties shall share physical custody of the Children
week on/week off from Friday 6:00 pm until the following Friday 6:00 pm with
the non-custodial parent picking the Children up from the other parent's
residence. The summertime schedule shall begin with Mother picking up the
Children the first Friday after school lets out . The Children shall be returned to
Father's custody one week before school begins.
C. The parties may alter the physical custody schedule by mutual agreement of the
parties in writing.
3. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a
reasonable basis.
4. Holidays: Absent agreement otherwise,the parties shall adhere to the holiday schedule as
attached. Transportation for the holidays shall be shared by the parties.
5. Mother is specifically prohibited from removing the Children from this jurisdiction unless
Father expressly consents in writing. In the event Father consents, Mother shall provide Father
within twenty-four hours of departure of the intended destination and a telephone number at
which she can be reached.
6. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible,both parties shall not allow third parties to disparage
the other parent in the presence of the Children. This paragraph also applies to each parent's
respective spouses/paramours and family members.
7. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
8. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
9. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or(b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
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.
By the Court,
J.
Di� 'bution:
o-oeiZ Philpott, Esq., 227 N. High St., P.O. Box 116, Duncannon, PA 17020
:/ny Thomas, 385 Queen St., Chambersburg, PA 17201
/John J. Mangan, Esquire
HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter From Saturday 6 pm until Sunday 6 Father Mother
pm
'Memorial Day From 9 am until 6 pm Mother Father
Independence Day From 9 am until 6 pm Father Mother
Labor Day From 9 am until 6 pm Mother Father
Halloween From one hour before trick or Father Mother
treating to one hour after trick or
treating
Thanksgiving From 6 pm Wednesday until Mother Father
Thursday 6 pm
Christmas I"Half From noon on 12/24 to noon on Father Mother
12/25
Christmas 2d Half From noon on 12/25 to noon on Mother Father
12/26
New Year's From 6 pm 12/31 until noon January Mother Father
I"(with the 12/31 year to control the
even/odd determination)
Mother's Day From 9 am until 6 pm Mother Mother
Father's Day From 9 am until 6 pm Father Father
RANDY THOMAS,
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 09-1494 CIVIL ACTION LAW
MELISSA MORRIS, IN CUSTODY
Defendant
Prior Judge: J. Wesley Oler, Jr., Sr. J.
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:
I. The pertinent information pertaining to the Children who are the subject of this litigation is as
follows:
-Name Date of Birth Currently in the Custody of
Kayla Thomas 06/27/2001 Primary Father
Courtney Morris 05/15/2003 Primary Father
2. A Conciliation Conference was held with regard to this matter on April 14,2009, an Order
issued April 17, 2009 and a conference was held May 14,2013 with the following individuals
in attendance:
The Mother,Melissa Morris,with her counsel,Jerry Philpott, Esq.
The Father,Randy Thomas, self-represented party
3. The parties agreed to and the undersigned recommends the entry of an Order in the form as
attached.
1XDate Joh K-1 J. n gan, Esqifire
C sto* Conciliator
RANDY THOMAS, • IN THE COURT OF COMMON PLEAS
PLAINTIFF/RESPONDENT OF CUMBERLAND COUNTY
PENNSYLVANIA
vs. .i...
NO: 09-1494 n,
MELISSA MORRIS, I
DEFENDANT/PETITIONER CIVIL - CUSTODY ': `�
r
PETITION TO MODIFY CUSTODY }
To the Honorable Christylee L. Peck:
COMES NOW, Petitioner, Melissa Morris,by her attorney,Jerry A. Philpott, Esquire,and
files this petition to modify custody and respectfully represents the following:
1. Petitioner is Melissa Morris, who resides at 643 Front Street, Marysville, Perry
County, Pennsylvania 17053.
2. Respondent is Randy Thomas, who resides at 385 Queen Street, Chambersburg,
Franklin County, Pennsylvania 17201-2323.
3. On June 4,2014,Your Honor issued an order in custody,which is attached as Exhibit
A.
4. The circumstances giving rise to this petition are as follows: At the time of the
previous order Father resided in Franklin County and Mother resided in Perry County at the
addresses listed above. Mother has now learned that Father is losing his rental unit as of the end of
April because of the landlord's bankruptcy,and has to move. Father proposes to move closer to his
employment in Greencastle, which will substantially alter the transportation situation. Father has
given no notice under§5337 of his intention to move,but Mother has learned from the children that
the plans are already in place. In addition, Mother had planned to seek modification of custody to
change primary physical custody, but was postponing doing that until nearer the end of the school
year as Mother did not want to force the children to go through a school change in the middle of the
year. However,if Father is moving and forcing the children to change schools anyways,now would
be a proper time to deal with this issue
5 As a result of the foregoing,the existing provisions regarding custody are no longer
in the best interest and welfare of the children.
6. The best interests and welfare of the children will be promoted by a modification of
the present visitation schedule for the above reasons.
7. Because this involves a relocation issue, it is not appropriate for conciliation, so a
hearing is necessary. For the record, petitioner objects to the proposed relocation.
$83.00 PO AMY
Cit5l 130
WHEREFORE, your petitioner respectfully prays that this Honorable Court schedule a
hearing to modify custody.
R- .: tfully submitted,
Jev�!�!�•• _,�.quire
2 ` - t St .O. :ox 116
ca •: , 'A 17020
7-834-3087
Attorney for Petitioner
March lg, 2014
Encl.: Exhibit A
cc: Jerry A. Philpott, Esq. - 227 N. High St., PO Box 116, Duncannon, PA 17020
Randy Thomas, 385 Queen Street, Chambersburg, PA 17201
2
I verify that the statements made in the foregoing documents are true and correct to my best
personal knowledge, understanding, information, and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to
authorities.
C
M issa Morris
3
°
RANDY TIIOMAS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. •
No. 09-1494 \'1L ACTION LAW ”.
•
MELISSA MORRIS, •
IN CUSTODY
Defendant •
Prior Judge: J. Wesley Oler, Jr.. Sr. J.
ORDER OF COURT
AND d NOW this day of June 2013, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
Legal Custody; The Father, Randy Thomas. and the Mother. Melissa Morris, shall have shared
legal custody of Kayla Thomas, born 06/27/2001 and Courtney Morris, horn 05/15/2003. The
parties shall have an equal right to make all major non-emergency decisions affecting,the
Children's general well-being including, but not limited to, all decisions regarding their health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled
to all records and information pertaining to the Children including, but not limited to, medical,
dental, religious or school records,the residence address of the Children and of the other
parent. To the extent one parent has possession of any such records or infbrmation, 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 intbrmation of reasonable use to the other parent.
2. Physical Custody: Father shall have primary physical custody of the Children subject to
Mother's partial physical custody as follows:
a. During the school year, Mother shall have alternating weekends from Friday
6:00 pm until Sunday 6:00 pm with Mother picking up on Friday and Father
picking up Sunday at the designated times at the other parent's residence.
b. During the summertime, the parties shall share physical custody of the Children
w,eek on1 week off from Friday 6:00 pm until the following Friday 6:00 pm with
the non-custodial parent picking the Children up from the other parent's
residence. The summertime schedule shall begin with Mother picking up the
Children the first Friday after school lets out . The Children shall be returned to
Father's custody one week before school begins.
c. The parties may alter the physical custody schedule by mutual agreement of the
parties in writing.
3. The non-custodial parent shall have liberal telephone`text email contact with the Children on a
reasonable basis,
4. Holidays: Absent agreement otherwise, the parties shall adhere to the holiday schedule as
attached. Transportation for the holidays shall he shared by the panics.
5. Mother is specifically prohibited from removing the Children from this jurisdiction unless
EXHIBIT A
Father expressly consents in writing. In the event Father consents, Mother shall provide Father
within twenty-four hours ofdeparture of the intended destination and a telephone number at
which she can be reached.
6. Neither party may say or do anything nor permit a third party to do or say anything, that may
estrange the Children from the other party. or injure the opinion of the Children as to the other
party. or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible,both parties shall not allow third parties to disparaLte
the other parent in the presence of the Children. This paragraph also applies to each parent's
respective spouses/paramours and family members,
7. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
S. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consumerbe under the influence of alcoholic beverages to the poMt of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
9. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or(b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
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.
By the Court.
/ 4 11 •
J.
Distribution:
Jerry Philpott. Esq., 227 N. High St., P.O. Box 116, Duncunnon, PA 17020
Randy Thomas. 385 Queen St.. Chambersburg. PA 17201
John J. Mangan. Esquire
TRUE COPY FROM RECORD
y.twroof 1 r.efa uito f...et my t land
am;t Si- C urt at
This iay ,20/3
PwOm...(72f .
,//r ce426z4__,
HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter From Saturday 6 pm until Sunday 6 Father Mother
pm
Memorial Day From 9 am until 6 pm Mother Father
Independence Day From 9 am until 6 pm Father Mother
Labor Day From 9 am until 6 pm Mother Father
Halloween From one hour before trick or Father Mother
treating to one hour after trick or
treating
Thanksgiving From 6 pm Wednesday until Mother Father
Thursday 6 pm
Christmas 1s`Half From noon on 12/24 to noon on Father Mother
12/25
Christmas 2nd Half From noon on 12/25 to noon on Mother Father
12/26
New Year's From 6 pm 12/31 until noon January Mother Father
1s1 (with the 12/31 year to control the
even/odd determination)
Mother's Day From 9 am until 6 pm Mother Mother
Father's Day From 9 am until 6 pm Father Father
RANDY THOMAS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 09-1494 CIVIL ACTION LAW
MELISSA MORRIS, IN CUSTODY
Defendant
Prior Judge: J. Wesley Olcr,Jr., Sr.J.
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 Children who are the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Kayla Thomas 06/27/2001 Primary Father
Courtney Morris 05/15/2003 Primary Father
2. A Conciliation Conference was held with regard to this matter on April 14,2009, an Order
issued April 17, 2009 and a conference was held May 14, 2013 with the following individuals
in attendance:
The Mother, Melissa Morris, with her counsel,Jerry Philpott, Esq.
The Father, Randy Thomas,self-represented party
3. The parties agreed to and the undersigned recommends the entry of an Order in the form as
attached.
/ V1)
Date Jo J. gan, Esq 7
C sto Conciliator
CUMBERLAND
IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA
FAMILY DIVISION
RANDY THOMAS
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
• •
Plaintiff DOCKET NO. 2009-1494
•
vs. Action in Custody rya
MELISSA MORRIS • _.sL-rr
• • r„,
Defendant
c
CRIMINAL RECORD /ABUSE HISTORY VERIFICATION -
MELISSA MORRIS , hereby swear or affirm, subject to penalties of law
including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the box next to a crime below, neither I nor any other
member of my household have been convicted or pled guilty or pled no contest or was
adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act,
42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially
equivalent crime in any other jurisdiction, including pending charges:
Check Crime Self Other Date of conviction, Sentence
all that household guilty plea, no
apply member contest plea or
pending charges
❑ 18 Pa.C.S. Ch. 25 (relating ❑ ❑
to criminal homicide)
❑ 18 Pa.C.S. §2702 (relating to ❑
aggravated assault)
❑ 18 Pa.C.S. §2706 (relating to ❑ ❑
terroristic threats)
18 Pa.C.S. §2709.1 (relating ❑ ❑
to stalking)
• l8 Pa.C.S. §2901 (relating to ❑
kidnapping)
❑ 18 Pa.C.S. §2902 (relating to ❑ ❑
unlawful restraint)
❑ 18 Pa.C.S. §2903 (relating to ❑ ❑
false imprisonment)
r1 18 Pa.C.S. §2910(relating to ❑ ❑
luring a child into a motor
vehicle or structure)
❑ 18 Pa.C.S. §3121 (relating to ❑ ❑
rape)
❑ 18 Pa.C.S. §3122.1 (relating ❑ ❑
to statutory sexual assault)
❑ 18 Pa.C.S. §3123 (relating to ❑ ❑
involuntary deviate sexual
intercourse)
❑ 18 Pa.C.S. §3124.1 (relating ❑ ❑
to sexual assault)
❑ 18 Pa.C.S. §3125 (relating to ❑ ❑
aggravated indecent assault)
❑ 18 Pa.C.S. §3126(relating to ❑ ❑
indecent assault)
❑ 18 Pa.C.S. §3127(relating to 0 0
indecent exposure)
❑ 18 Pa.C.S §3129(relating to ❑ C
sexual intercourse with
animal)
❑ 18 Pa.C.S §3130(relating to ❑ ❑
conduct relating to sex
offenders)
❑ 18 Pa.C.S.§3301 (relating to ❑ ❑
arson and related offenses)
• 18 Pa.C.S. §4302 (relating to ❑ ❑
incest)
❑ 18 Pa.C.S. §4303 (relating to ❑ ❑
concealing the death of
child)
❑ 18 Pa.C.S. §4304 (relating to ❑ ❑
endangering welfare of
children)
C 18 Pa.C.S. §4305 (relating to ❑ ❑
dealing in infant children)
❑ 18 Pa.C.S. §5902(b) ❑ ❑
(relating to prostitution and
related offenses)
❑ 18 Pa.C.S. §5903(c)or(d) ❑ ❑
(relating to obscene and
other sexual materials and
performances)
❑ 18 Pa.C.S.§6301 (relating to ❑ ❑
corruption of minors)
❑ 18 Pa.C.S. §6312(relating to ❑ ❑
sexual abuse of children)
❑ 18 Pa.C.S. §6318(relating to 0 ❑
unlawful contact with
minor)
❑ 18 Pa.C.S. §6320(relating to ❑ ❑
sexual exploitation of
children)
❑ 23 Pa.C.S.§6114(relating to ❑ ❑
contempt for violation of
protection order or
agreement)
❑ Driving under the influence ❑ ❑
of drugs or alcohol
❑ Manufacture, sale,delivery, ❑ ❑
holding,offering for sale or
possession of any controlled
substance or other drug or
device
2. Unless indicated by my checking the box next to an item below, neither I nor any other
member of my household have a history of violent or abusive conduct including the
following:
Check all Self Other household Date
that apply member
❑ A finding of abuse by a Children& ❑ ❑
Youth Agency or similar agency in
Pennsylvania or similar statute in
another jurisdiction
❑ Abusive conduct as defined under the ❑ ❑
Protection from Abuse Act in
Pennsylvania or similar statute in
another jurisdiction
❑ Other: ❑ ❑
3. Please list any evaluation, counseling or other treatment received following conviction or
finding of abuse:
4. If any conviction above applies to a household member, not a party, state that person's
name,date of birth and relationship to the child(ren):
•
5. If you are aware that the other party or members of the other party's household has or have
a criminal/abuse history, please explain:
LOA
. ,� . u ill til.(0 L lb AL A C r . �.
Hu)CaSe, \. ‘e,\-)ci‘ • ,c tiff
try
i 5 '_aca10
I verify that the information above is true and correct to the best of my knowledge,
information or belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities.
41g C
Sig ure
MELISSA MORRIS
Printed Name
RANDY THOMAS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
E .�
V. 2009-1494 CIVIL ACTION LAW ;=t
MELISSA MORRIS
IN CUSTODY �`. ' `
DEFENDANT E- ;
--fl
C ?
ORDER OF COURT )
AND NOW, Thursday,March 27,2014 , 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,April 25,2014 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure
to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief
orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court (including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT,
By: Is/ John J. Mangan,Jr., 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 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.
�-C� 1 £S / 'G�t Cumberland County Bar Association
32 South Bedford Street
,J . R;11,64-1- Carlisle, Pennsylvania 17013
IYL Telephone (717) 249-3166
P1411 .leneurpo
���s/iy
RANDY THOMAS, IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
MELISSA MORRIS,
Defendant
Prior Judges: J. Wesley Oler, Jr., Sr. J.
Christylee L. Peck, J.
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-1494 CIVIL ACTION LAW
rnrn
IN CUSTODY y �x
cnr—
TC)
m' C)
D
ORDER OF COURT
AND NOW this 9-dJ day of May 2014, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
GS
r •-n
CD C)
71
1. Legal Custody: The Father, Randy Thomas, and the Mother, Melissa Morris, shall have shared
legal custody of Kayla Thomas, born 06/27/2001 and Courtney Morris, born 05/15/2003. The
parties shall have an equal right to make all major non -emergency decisions affecting the
Children's general well-being including, but not limited to, all decisions regarding their health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled
to all records and information pertaining to the Children including, but not limited to, medical,
dental, religious or school records, the residence address of the Children and 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: Father shall have primary physical custody of the Children subject to
Mother's partial physical custody as follows:
a. Commencing the fall of 2014, during the school year, Mother shall have
alternating weekends from Friday 6:00 pm until Monday morning with Mother
picking up on Friday from Father's residence and also bringing the girls to
school Monday morning. If there is no school on any particular Monday,
Mother shall have the girls until Tuesday morning bringing the girls to school.
b. Commencing Friday August 01, 2014 and in subsequent summers, Father shall
have alternating weekends from Friday 6:00 pm until Monday morning with
Father picking up on Friday from Mother's residence and Mother picking up on
Monday from Father's residence. In summer 2015 and in subsequent summers,
the summertime schedule shall begin with Mother picking up the Children the
first Monday after school lets out. The Children shall be returned to Father's
custody one week before school begins.
c. All custody exchanges shall be done in a civil peaceful manner between the
parents and between the parents and third parties.
d. Absent written agreement or further Order of Court, the Children shall remain in
their current school district (Father's school district).
e. The parties may alter the physical custody schedule by mutual agreement of the
parties in writing.
3. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a
reasonable basis.
4. Counseling: The parents are strongly encouraged to engage in therapeutic family counseling
(with the focus on co -parenting) with an agreed upon professional. Additionally, the parents
shall investigate and determine if individual counseling for Kayla and Courtney is appropriate
and in their best interest. The cost of any counseling, after appropriate payment through
insurance, shall be split equally between the parties.
5. Holidays: Absent agreement otherwise, the parties shall adhere to the holiday schedule as
attached. Transportation for the holidays shall be shared by the parties.
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 Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children. This paragraph also applies to each parent's
respective spouses/paramours and family members.
8. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
9. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
10. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non -relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or (b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
11. 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.
By the Court,
Ntrt,
J.
Distribution:
/Terry Philpott, Esq., 227 N. High St., P.O. Box 116, Duncannon, PA 17020
/Michael Trimmer, Esq., 5425 Jonestown Rd., Harrisburg, PA 17112
/John J. Mangan, Esquire
HOLIDAYS AND
SPECIAL DAYS
TIMES
EVEN
YEARS
ODD
YEARS
Easter
From Saturday 6 pm until Sunday 6
pm
Father
Mother
Memorial Day
From 9 am until 6 pm
Mother
Father
Independence Day
From 9 am until 6 pm
Father
Mother
Labor Day
From 9 am until 6 pm
Mother
Father
Halloween
From one hour before trick or
treating to one hour after trick or
treating
Father
Mother
Thanksgiving
From 6 pm Wednesday until
Thursday 6 pm
Mother
Father
Christmas 1St Half
From noon on 12/24 to noon on
12/25
Father
Mother
Christmas 2nd Half
From noon on 12/25 until New
Year's Day at 12 pm
Mother
Father
Mother's Day
From 6 pm Saturday until Monday
morning
Mother
Mother
Father's Day
From 6 pm Saturday until Monday
morning
Father
Father
RANDY THOMAS, IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
MELISSA MORRIS,
Defendant
Prior Judges: J. Wesley Oler, Jr., Sr. J.
Christylee L. Peck, J.
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-1494 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 Children who are the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Kayla Thomas
Courtney Morris
06/27/2001
05/15/2003
Primary Father
Primary Father
2. A Conciliation Conference was held with regard to this matter on April 14, 2009, an Order
issued April 17, 2009 and a conference was held May 14, 2013, an Order issued June 04, 2013
and a conference was held May 07, 2014 with the following individuals in attendance:
The Mother, Melissa Morris, with her counsel, Jerry Philpott, Esq.
The Father, Randy Thomas, with his counsel, Michael Trimmer, Esq.
3. The parties agreed to and the undersigned recommends the entry of an Order in the form as
attached.
c7P(//
Date
John /Man an, Esquire
Cus dy nciliator
Dr
�rt,
. L r'oiC� I 1-10NO TAR `.
2014 AUG -4 PH 3: 12
[1•17,11EgQURT OF COMMON PLEAS
PENN'Y'IttINDIERLAND COUNTY,
• PENNSYLVANIA
RANDY THOMAS,
Plaintiff,
v. : CIVIL ACTION — CUSTODY
MELISSA MORRIS,
: CASE NO. 2009-1494
Defendant.
COUNTER -AFFIDAVIT REGARDING RELOCATION
This proposal of relocation involves the following child/children:
Kayla Thomas, age 13, currently residing at: 385 Queen Street, Chambersburg, PA 17201
Courtney Morris, age 11, currently residing at: 385 Queen Street, Chambersburg, PA 17201
I have received a notice of proposed relocation and (check all that apply):
1. ❑ I do not object to the relocation.
2. 0 I do not object to the modification of the custody order consistent with the proposal for
modification set forth in the notice.
3. 0 I do not object to the relocation, but I do object to modification of the custody order.
4. ® I plan to request that a hearing be scheduled by filing a request for hearing with the court:
a. ® Prior to allowing (name of child/children) to relocate. Children are Kayla Thomas and
IF they relocate. Courtney Morris.
b. 0 After the child/children relocate.
5. n I do object to the relocation.
6. (21 I do object to the modification of the custody order.
I understand that in addition to objecting to the relocation or modification of the custody order
above, I must also serve this counter -affidavit on the other party by certified mail, return receipt
requested, addressee only, or pursuant to Pa.R.C.P. No. 1930.4, and, if there is an existing
custody case, I must file this counter -affidavit with the court. If I fail to do so within 30 days of
my receipt of the proposed relocation notice, I understand that I will not be able to object to the
relocation at a later time.
I verify that the statements made in this counter -affidavit 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).
-4114 416041; D-141-41iv
(Date) (Signature)
RANDY THOMAS,
Plaintiff
vs.
MELISSA MORRIS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
•
PENNSYLVANIA,
IN CUSTODY
Case No. 2009-1494
CERTIFICATE OF SERVICE
I, Gail F. Andrews, Secretary for Philpott Wilson LLP, hereby certify that on this 30`h day of
July, 2014, the Counter -Affidavit Regarding Relocation was served upon Defendant's counsel of
record, Michael A. Trimmer, Esq. by US First Class, postage prepaid certified mail number 7011
0470 0000 0941 9544, return receipt requested, addressed as follows:
Michael A. Trimmer, Esq.
KELLY, PARKER & COHEN LLP
5425 Jonestown Road, Suite 103
Harrisburg, PA 17112
t1�..
it F. Andrews, Secretary
rry A. Philpott, Esquire
Supreme Court ID # 47624
227 N. High St., PO Box 116
Duncannon, PA 17020
717-834-3087
RANDY THOMAS,
Plaintiff
vs.
' • O i HONG TA
20111 AUG ~6: Pi 3INrTHE COURT OF COMMON PLEAS
UHBER It , r it CUMBERLAND COUNTY
PErdr sYLv,• �NI i�'ENNSYLVANIA,
• IN CUSTODY
MELISSA MORRIS,
Defendant
•
Case No. 2009-1494
CERTIFICATE OF SERVICE
I, Gail F. Andrews, Secretary for Philpott Wilson LLP, hereby certify that on this 30th day of
July, 2014, the Counter -Affidavit Regarding Relocation was served upon Plaintiff's counsel of
record, Michael A. Trimmer, Esq. by US First Class, postage prepaid certified mail number 7011
0470 0000 0941 9544, return receipt requested, addressed as follows:
Michael A. Trimmer, Esq.
KELLY, PARKER & COHEN LLP
5425 Jonestown Road, Suite 103
Harrisburg, PA 17112
and that the same was received per the attached documentation.
it F. Andrews, Secretary
Jerry A. Philpott, Esquire
Supreme Court ID # 47624
227 N. High St., PO Box 116
Duncannon, PA 17020
717-834-3087
U.S. Postal ServiceTM
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.comm
OFFlCQAL
Postage
Certified Fee
Retum Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
,Gg
3.3o
$ 6 . /n 9
�a O
--6`7140 11
0!?
SENDER: COMPLETE THIS SECTION
i Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
l f0
.4t1L67 A3
7u_
COMPLETE THIS SECTION ON DELIVERY
A. Signa re
X
❑ Agent
❑ Addressee
B. Received by (Print d Name)
C. Date gf Velivery
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
3. Servs a Type
Certified Mail ❑ jx.press Mail
❑ Registered.Z Return Receipt for Merchandise
❑ Insured Mail0 C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article,Number
(Transfer from st 7011 0470 0000 0941 9544
J3163//GL.
102595 -02 -M -1540
3/x31 /GL.
PS Form 3811, February 2004
Domestic Retum Receipt
102595-02•M-1540
•
6. The mailing address is the same as above.
7. The names and ages of the individuals in the new residence, including individuals who
intend to live in the new residence: Randy Thomas, age 36, Jaime Thomas, age 31, Kayla
Thomas age 13, Courtney Morris, age 11, Alyssa Cunha age 9, Randy Thomas, Jr. age 4,
Jailyn Thomas, age 2.
8. The home telephone number of the intended new residence, if available: (717) 404-2155.
9. The name of the new school district and school is East Allegheny School District; Logan
Middle School.
10. The date of the proposed relocation: August 23, 2014 (in advance of the school term
beginning on September 2, 2014). Petitioner was recently served with eviction papers
necessitating an early departure. Petitioner was looking for a house in the new location
and recently found an appropriate home.
11. The reasons for the proposed relocation are that Petitioner's spouse's mother is in need of
a specialist for terminal COPD, employment prospects of Petitioner and spouse, quality
of life provided by employment, quality of education and opportunities for children, and
an existing home with ample living space, and proximity to extended family.
12. Father proposes to maintain primary physical custody and shared legal custody with
Mother to have additional physical custody as follows:
• Children's entire summer break except for first and last week prior to
beginning school; and except for a consecutive 2 -week period at Father's
selection
• One-half of Christmas/winter break alternating Christmas Day
• Children's entire spring break
• Alternating Thanksgiving/fall break
• One extended weekend per month so as not to interfere with school, if
Mother provides 30 -days notice.
{
13. The proposed custody schedule would provide more physical custody time than Mother
currently has with Children.
14. Petitioner sent Respondent a copy of the Proposed Relocation Notice with the above
information which contained the required counter -affidavit as provided under subsection
(d)(1) to object to the proposed relocation. See Exh. B.
15. Respondent completed the Counter -Affidavit objecting to the relocation, which appears
to be timely filed, and a hearing is now required. This was filed with the Court and a
copy was received this date.
16. Father can provide a loving, nurturing, and stable environment for the children.
17. It is believed and therefore averred that it would be in the best interest of the children to
maintain a primary residence with Father, and to allow shared time with Mother as this
Court determines would best support those interests.
18. Due to the pending start of the school year, and to avoid disruption in the life of the
children, an expedited hearing is requested.
19. A hearing of approximately two (2) hours is requested.
20. Opposing counsel is being contacted contemporaneously with the filing of this Petition
to attempt to further define the issues necessary to bring before the Court.
WHEREFORE, Father requests that this Court hold the required hearing on his
requested relocation, and grant a modification in custody.
DATE: August 4, 2014
Michael A. Trimmer, Esq.
PA I.D. No. 84441
KELLY, PARKER & COHEN LLP
5425 Jonestown Road, Suite 103
Harrisburg, PA 17112
717-920-2220 (P)
717- 920-2370 (F)
mtrimmer@kpc-law.com
Counsel for Petitioner Randy Thomas
VERIFICATION
X verify that the statements made in the foregoing document are true and correct. 1
understand that fare statements herein are made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsification to authorities.
Date: SI�1��
EXHIBIT A
4
RANDY THOMAS,
Plaintiff
v.
MELISSA MORRIS,
Defendant
Prior Judges: J. Wesley Oler, Jr., Sr. J.
Christylee L. Peck, J.
IN THE COURT OF COMMON PLEAS F --i
CUMBERLAND COUNTY, PEN L NFA
No. 09-1494 CIVIL ACTION L
D-.
IN CUSTODY
ORDER OF COURT
•
cn
Jam*
AND NOW this day of May 2014, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
-+C;
1. Legal Custody: The Father, Randy Thomas, and the Mother, Melissa Morris, shall have shared
legal custody of Kayla Thomas, born 06/27/2001 and Courtney Morris, born 05/15/2003. The
parties shall have an equal right to make all major non -emergency decisions affecting the
Children's general well-being including, but not limited to, all decisions regarding their health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled
to all records and information pertaining to the Children including, but not limited to, medical,
dental, religious or school records, the residence address of the Children and 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: Father shall have primary physical custody of the Children subject to
Mother's partial physical custody as follows:
a. Commencing the fall of 2014, during the school year, Mother shall have
alternating weekends from Friday 6:00 pm until Monday morning with Mother
picking up on Friday from Father's residence and also bringing the girls to
school Monday morning. If there is no school on any particular Monday,
Mother shall have the girls until Tuesday morning bringing the girls to school.
b. Commencing Friday August 01, 2014 and in subsequent summers, Father shall
have alternating weekends from Friday 6:00 pm until Monday morning with
Father picking up on Friday from Mother's residence and Mother picking up on
Monday from Father's residence. In summer 2015 and in subsequent summers,
the summertime schedule shall begin with Mother picking up the Children the
first Monday after school lets out. The Children shall be returned to Father's
custody one week before school begins.
c. All custody exchanges shall be done in a civil peaceful manner between the
parents and between the parents and third parties.
d. Absent written agreement or further Order of Court, the Children shall remain in
their current school district (Father's school district).
e. The parties may alter the physical custody schedule by mutual agreement of the
parties in writing.
4 ..
3. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a
reasonable basis.
4. Counseling: The parents are strongly encouraged to engage in therapeutic family counseling
(with the focus on co -parenting) with an agreed upon professional. Additionally, the parents
shall investigate and determine if individual counseling for Kayla and Courtney is appropriate
and in their best interest. The cost of any counseling, after appropriate payment through
insurance, shall be split equally between the parties.
5. Holidays: Absent agreement otherwise, the parties shall adhere to the holiday schedule as
attached. Transportation for the holidays shall be shared by the parties.
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 Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children. This paragraph also applies to each parent's
respective spouses/paramours and family members.
8. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
9. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
10. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non -relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or (b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
11. 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.
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the Hal of said Court at Carlisle, Pa.
This ay of LL s. _. 20 Pi
Prothonotary
By the Court,
4
Distribution:
Jerry Philpott, Esq., 227 N. High St., P.O. Box 116, Duncannon, PA 17020
Michael Trimmer, Esq., 5425 Jonestown Rd., Harrisburg, PA 17112
John J. Mangan, Esquire
HOLIDAYS AND
SPECIAL DAYS
TIMES
EVEN
YEARS
ODD
YEARS
Easter
From Saturday 6 pm until Sunday 6
pm
Father
Mother
Memorial Day
From 9 am until 6 pm
Mother
Father
Independence Day
From 9 am until 6 pm
Father
Mother
Labor Day
From 9 am until 6 pm
Mother
Father
Halloween
From one hour before trick or
treating to one hour after trick or
treating
Father
Mother
Thanksgiving
From 6 .pm Wednesday until
Thursday 6 pm
Mother
Father
Christmas 1St Half
From noon on 12/24 to noon on
12/25
Father
Mother
Christmas 2nd Half
From noon on 12/25 until New
Year's Day at 12 pm
Mother
Father
Mother's Day
From 6 pm Saturday until Monday
morning
Mother
Mother
Father's Day
From 6 pm Saturday until Monday
morning
Father
Father
RANDY THOMAS, IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
MELISSA MORRIS,
Defendant
Prior Judges: J. Wesley Oler, Jr., Sr. J.
Christylee L. Peck, 3.
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-1494 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:
The pertinent information pertaining to the Children who are the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Kayla Thomas 06/27/2001 Primary Father
Courtney Morris 05/15/2003 Primary Father
2. A Conciliation Conference was held with regard to this matter on April 14, 2009, an Order
issued April 17, 2009 and a conference was held May 14, 2013, an Order issued June 04, 2013
and a conference was held May 07, 2014 with the following individuals in attendance:
The Mother, Melissa Morris, with her counsel, Jerry Philpott, Esq.
The Father, Randy Thomas, with his counsel, Michael Trimmer, Esq.
The parties agreed to and the undersigned recommends the entry of an Order in the form as
attached.
Date
.74-1 "Pr
John Mai�n, Esquire
Cust dy 6nci1iator
EXHIBIT B
A
,Y, PARKER \a CCOHEN Il ,L
ATTORNEYS AT LAW
5425 JONESTOWN ROAD
SUITE 103
HARRISBURG, PA 17112
TELEPHONE (717) 920-2220
FACSIMILE (717) 920-2370
Michael A. Trimmer
Extension 106
mtrimmer@kpc-law.com
July 3, 2014
SENT VIA CERTIFIED MAIL,
RESTRICTED DELIVERY
RETURN RECEIPT REOUESTED TO:
Melissa Morris
643 Front Street
Marysville, PA 17053
Re: Attached Proposed Custody Relocation
Dear Ms. Morris:
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Total Postage & Fees
56hh 62.00 9000 06E0 SOOL
Please find enclosed a Proposed Custody Relocation Notice issued pursuant to 23 Pa C.S.
§ 5337, with the required Counter -Affidavit. Instructions are provided pursuant to law; however,
you are advised to take this to your attorney at once if you are currently represented. If you are
currently represented, I invite your attorney to contact me directly regarding this matter.
WARNING TO NON -RELOCATING PARTY
IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION, YOU MUST FILE
THIS COUNTER -AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN
THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE
FORECLOSED FROM OBJECTING TO THE RELOCATION.
Very truly yours,
Michael A. Trimmer
MAT/kfh
Encls.
cc: Jerry A. Philpott, Esq. (w/ encs.) (Via U.S. First Class Mail)
Randy Thomas (e/ encs.) (Via U.S. First Class Mail)
KIEL Y 9 PARKER & COHIE\ T P
ATTORNEYS AT LAW
5425 JONESTOW 1 ROAD
SUITE 103
HARRISBURG, PA 17112
TELEPHONE (717) 920-2220
FACSIMILE (717) 920-2370
Michael A. Trimmer
Extension 106
mtri mmer@kpc-law. com
July 3, 2014
SENT VIA CERTIFIED MAIL,
RESTRICTED DELI VER Y
RETURN RECEIPT REO UESTED TO:
Melissa Morris
643 Front Street
Marysville, PA 17053
Re: Attached Proposed Custody Relocation
Dear Ms. Morris:
Please find enclosed a Proposed Custody Relocation Notice issued pursuant to 23 Pa C.S.
§ 5337, with the required Counter -Affidavit. Instructions are provided pursuant to law; however,
you are advised to take this to your attorney at once if you are currently represented. If you are
currently represented, I invite your attorney to contact me directly regarding this matter.
WARNING TO NON -RELOCATING PARTY
IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION, YOU MUST FILE
THIS COUNTER -AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN
THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE
FORECLOSED FROM OBJECTING TO THE RELOCATION.
Michael A. Trimmer
MAT/kfh
Encls.
cc: Jerry A. Philpott, Esq. (w/ encs.) (Via U.S. First Class Mail)
Randy Thomas (e/ encs.) (Via U.S. First Class Mail)
Kelly, Parker & Cohen LLP
5425 Jonestown Road, Suite 103
Harrisburg, PA 17112
IllenivERIMIED.141.47
11111 IlitintiN
7005 0390 0006 0079 4495
Melissa Morris
643 Front Street
Marysville, PA 17053
PITNEY BOWES
02 1P $ 011.740
0001848180 JUL 03 2014
MAILED FROM ZIP CODE 17112
lV 4-4i->igNtl40tl N iriL 3Nl'd4
td413AN3 :44 ilO1:ly.x3MjLLS 34V7Id
■ Complete Items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the maiipiece,
or on the front if space permits.
1; Article Addressed to:
6/3
I 7
/72.77-/
2. Article Number
1
nsferfirm service label) 7005 0390 0006 0079 4495
1 PS Form 3811, February 2004
Domestic Return Receipt
COMPLETE THIS SECTION ON DELIVERY
A. Signature
X
0 Agent
0 Addressee
C. Date of Delivery
D. Is delivery address different from Item 1? 0 Yes
If YES, enter delivery address below: 0 No
102595-02•M•1540„
RANDY THOMAS,
v.
MELISSA MORRIS,
Plaintiff,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — CUSTODY
: CASE NO. 2009-1494
PROPOSED RELOCATION NOTICE
1. The address of the intended new residence is: 753 Punta Gorda Ave., East McKeesport,
PA.
2. The mailing address is (if not the same as new intended residence): Same as above.
3. The names and ages of the individuals in the new residence, including individuals who
intend to live in the new residence: Randy Thomas, age 36, Jaime Thomas, age 31, Kayla
Thomas age 13, Courtney Morris, age 11, Alyssa Cunha age 9, Randy Thomas, Jr. age 4,
Jailyn Thomas, age 2.
4. The home telephone number of the intended new residence, if available: (717) 404-2155.
5. The name of the new school district and school: East Allegheny School District; Logan
Middle School.
6. The date of the proposed relocation: August 23, 2014 (in advance of the school term
beginning on September 2, 2014). Plaintiff was recently served with eviction papers
necessitating an early departure. Plaintiff was looking for a house in the new location
and just found an appropriate home this week.
7. The reasons for the proposed relocation: Spouse's mother is in need of a specialist for
terminal COPD, employment prospects of Plaintiff and spouse, quality of life provided
by employment, quality of education and opportunities for children, existing home with
ample living space, and proximity to extended family.
8. A proposal for a revised custody schedule: Father proposes to maintain primary physical
custody and shared legal custody with Mother to have additional physical custody as
follows:
• Children's entire summer break except for first and last week prior to
beginning school; and except for a consecutive 2 -week period at Father's
selection
• One-half of Christmas/winter break alternating Christmas Day
• Children's entire spring break
• Alternating Thanksgiving/fall break
• One extended weekend per month so as not to interfere with school, if
Mother provides 30 -days notice.
9. Any other information which the party proposing the relocation deems appropriate:
Proposed custody schedule would provide more physical custody time than Mother
currently has with Children.
10. A counter -affidavit as provided under subsection (d)(1) which can be used to object to
the proposed relocation and the modification of a custody order is attached.
DATE: July 3, 2014
Michael A. Trimmer, E
PA I.D. No. 84441
KELLY, PARKER & COHEN LLP
5425 Jonestown Road, Suite 103
Harrisburg, PA 17112
717-920-2220 (P)
717- 920-2370 (F)
mtrimmer cnrkpc-law.com
Counsel for Plaintiff Randy Thomas
VERIFICATION
I verify -that the statements made in the foregoing document -are_tme_€ .d_carrectA
understand that false statements herein are made subject to the penalties of 18 Pa.
C. S §49O4-relating-to-unsw'orn falsifcation-to-authorities.
Date: 7) al lL1
RANDY THOMAS,
v.
MELISSA MORRIS,
Plaintiff,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — CUSTODY
: CASE NO. 2009-1494
COUNTER -AFFIDAVIT REGARDING RELOCATION
WARNING TO NON -RELOCATING PARTY
IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION, YOU MUST FILE
THIS COUNTER -AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN
THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE
FORECLOSED FROM OBJECTING TO THE RELOCATION.
RANDY THOMAS,
v.
MELISSA MORRIS,
Plaintiff,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION — CUSTODY
: CASE NO. 2009-1494
COUNTER -AFFIDAVIT REGARDING RELOCATION
This proposal of relocation involves the following child/children:
Kayla Thomas, age 13, currently residing at: 385 Queen Street, Chambersburg, PA 17201
Courtney Morris, age 11, currently residing at: 385 Queen Street, Chambersburg, PA 17201
I have received a notice of proposed relocation and (check all that apply):
1. ❑ I do not object to the relocation.
2. ❑ I do not object to the modification of the custody order consistent with the proposal for
modification set forth in the notice.
3. ❑ I do not object to the relocation, but I do object to modification of the custody order.
4. ❑ I plan to request that a hearing be scheduled by filing a request for hearing with the court:
a. ❑ Prior to allowing (name of child/children) to relocate.
b. ❑ After the child/children relocate.
5. ❑ I do object to the relocation.
6. ❑ I do object to the modification of the custody order.
I understand that in addition to objecting to the relocation or modification of the custody order
above, I must also serve this counter -affidavit on the other party by certified mail, return receipt
.
requested, addressee only, or pursuant to Pa.R.C.P. No. 1930.4, and, if there is an existing
custody case, I must file this counter -affidavit with the court. If I fail to do so within 30 days of
my receipt of the proposed relocation notice, I understand that I will not be able to object to the
relocation at a later time.
I verify that the statements made in this counter -affidavit 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) (Signature
VERIFICATION
X verify that the statements made in the foregoing document 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: ( l `j'
RANDY THOMAS
PLANTIFF
vs.
MELISSA MORRIS
DEFENDANT
Randy Thomas
or ,Pna NI -hero -443
eu-AAA?
IN THE COURT OF COMMON PLEAS PA
CUMBERLAND COUNTY, PENNSYLVANIA
No, 2 0 9 7 1494
CRIMINAL igacilliD / ABUSE HISTORY VERIMATION
hereby swear or affirm. subject
PRINT NAME
to penalties of law Including 13 Pa.C.S § 4904 relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the 'YES" box next to a crime below, neither I nor any other member of
my household have been convicted or plod guilty or pled no contest or was adjudicated delinquent where the
record Is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. 36307 to any of the following crimes In
Pennsylvania or a substantially equivalent crime In any other jurisdiction, including pending charges:
Answer Crime
Yes or No
YES No
Self Other Dato of conviction, Sentence
household gUilty plea, no
member contest plea or
pending charges
O 18 Pa.C.i. Ch. 25 0
(relating to criminal homicide)
18 Pa.C.S. 32702 (relating to
aggravated as.sault)
18 Pa.C.S. 32706
(relating to terroristic threats)
18 Pa,C.S, §2709.1
(relating to stalking)
18 Pa.CS. peol
(relating to kidnapping)
6-14
0 0
Answer
Yes or No
YES NO
tV
0 Rf
g
• y
• im
6-14
Crime
18 Pa.C.S, §2902
(relating to unlawful restraint)
18 Pa C S 52903
(relating to false
imprisonment)
18 Pa.0 S. §2910
(relating to luring a child into
a motor vehicle or structure)
18 Pa.C.S. §3121
(relating to rape)
18 Pa.C.S. §3122.1
(relating to statutory sexual
assault)
18 Pa.C.S. §3123
(relating to involuntary
deviate sexual intercourse)
Self Other Date of conviction, Sentence
household guilty plea, no
member contest plea or
pendirig charges
O 0
O 0
O 0
0
18 Pa.C.S. §3124,1 0 0
(relating to sexual assault)
18 Pa.C,S. §3125
(relating to aggravated
indecent assault)
18 Pa.C.S, §3128
(rotating to Indecent assault)
0 0
Answer Crime
. . .
Yes or No
YES NO
• _
household guilty plea, no
member contest plea or
pending charges
0 V 18 Pa.0 S §3127 (relating to ri
indecent exposure)
18 Pa.C,S. §3129
(relating to sexual intercourse
With animai)
18 Pa.CS. §3130 0 0
(relating to conduct relating to
sex offenders)
18 Pa.C.S. §3301
(relating to arson and related
offenses)
Cgl 18 Pa.O.S. §4302
(relating to incest)
0 0
0 Al 18 Pa.C.S. §4303 0 0
(relating to concealing death
of child)
tRi 16 Pa.C.S.§4304 0 0
(relating to endangering
welfare of children)
18 Pa.C.S. §4305
(relating to dealing in infant
children)
18 Pa.C.S. §5902(b)
(relating to prostitution and
related offenses)
6-14
0 0
Answer
Yes or No
YES NO
te
5 le
ye
CI tZ
5 tre
6-14
Crime
Self Other Date of oonviction, Sentence
household guilty plea, no
member conteat plea or
pending charges
18 Pa,C 5 §6903(c) or (d) Li
(relating to obscene and other
sexual materials and
Performances)
18 Pa.C.S. §5301
(relating to corruption of
mlnors)
18 Pa.C.S. §6312
(reletng to sexual abuse of
children)
18 Pa.C,S. §8318
(relating ta unlawful conlact
with minor)
18 Pa.C.S, §6320
(re(ating to sexual exploitation
of children)
23 Pa.C.S, § 6114
(relating to contempt for
Violation of protection order or
agreement)
Driving under the Influence of
drugs or alcohol
Manufacture, sale, delivery,
holding, offering for sale or
possession of any controlled
substance or other drug or
device
10 0
0 0
0
0 0
0 0
• •
•
2. Unless ineicated by my checking the 'YESbox next to an item below, neither I nor any other
member of my household have a iStory of 'violent or abusive conduct , or involvement with a Children &
Youth agency including the following:
Answer
Yes or No
YES NO
EJ
0 a
A finding of abuse by a Children & Youth Agency or
similar agency in Pennsylvania or similar statute in
another jurisdiction
Self Other Date
household
member
0 0
Abusivo conduct as defined under the Protection from ID
Abuse Act in Pen'neylvania or similar statute In another
jurisdiction
Involvement with a Children & Youth Agency or similar
agency in Pennsylvania or another jurisdiction.
Where:
Other.
3. Please list any evaluation, counseling or other treatment received following conviction or
' finding of abuse!
4. If any conviction above appliesto a household member, not a party, state that person's
name, dale of birth and relationship to the child.
6-14
5, If you are aware that the other party or members of the other party's household has or have a
criminal/abuse history, please explain:
I verify that the statements made in the Criminal RecordlAbuse History Verification are true and correct
to the best of m knowied informeti *n ancand bet' f, I understand that false statements herein are
made subject to the penalties of 18 loa,C.S. § 4904 relating to unawom falsification to authorities and can
be punishable by fine or Imprisonment.
Printed Name
6-14
CERTIFICATE OF SERVICE
On this 13th day of August 2014, I, Kristine F. Hendrix, a paralegal with the law firm of
Kelly, Parker & Cohen LLP, hereby certify that I have, this day, served a true and correct copy
of the foregoing PETITION TO MODIFY CUSTODY DUE TO RELOCATION AND
REQUEST FOR EXPEDITED HEARING, upon the persons and at the addresses below via
the service method indicated:
Jerry A. Philpott, Esq.
227 North High Street
P.O. Box 116
Duncannon, PA 17020
Defendant
Via United States First Class Mail, postage prepaid
Kris me F. Hendrix
RANDY THOMAS, . IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -05 .2.7.- —t
m pl-
.--
T. ci,
I-
V . ."ti
CIVIL ACTION - LAW
MELISSA MORRIS, :
= ---7-:
Defendant 094494 CIVIL TERM ›•(--) am.
cD r
)> co
.=,
IN RE: PETITION FOR RELOCATION ..-.,,
---1 1-9
< C.A.)
ORDER OF COURT
AND NOW, this 27th day of August, 2014, this being the
time and place set for a hearing on a Petition for Relocation, and
this Court having spoken with the two children at issue in this
case, and one of the two children indicating she wished to stay at
the Chambersburg School District at this time, but the mother
having indicated that she is not able to take both children to the
Chambersburg School District every day of the week, and the Court
necessitating more time to hear a full hearing on the matter from
all parties hereto, it is hereby ordered that the remaining portion
of the relocation hearing is continued until Thursday, November 20,
2014, at 9:30 a.m. in Courtroom No. 5. All of the parties are
directed to appear at that time, including the two children at
issue.
In the interim, pending the further hearing.on this
matter, it is Piereby ordered that the children shall be permitted
to relocate with their father to McKeesport, Pennsylvania, and
attend school at a local school district at McKeesport,
Pennsylvania, on the condition that every other weekend father
provide transportation in both directions or one of father's family
members, leaving Pittsburgh Friday after school and dropping the
children off immediately after at the mother's house in Marysville,
Pennsylvania, and then picking up the children on Sunday at
approximately 3:00 p.m. The parties may change times of the drop
off and pick up through mutual agreement between the parties.
All other terms, other than this change in this Order,
regarding scheduled custody and location of the children, or other
terms of the Order of Court dated May 9, 2014, shall remain in full
force and effect.
The parties expect that this hearing may take a full
day, although, depending on how the parties and the children are
handling the current set up, it may only take half day.
By the Court,
Chris y ee L. Peck, J.
44ichael A. Trimmer, Esquire
For the Plaintiff
'<Jerry Philpott, Esquire
For the Defendant
pcb
corks freaArL
copy
RANDY THOMAS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION — LAW
MELISSA MORRIS,
Defendant : NO. 09-1494 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 14th day of November, 2014, a hearing is scheduled in the above
matter for Thursday, March 5, 2015, at 9:30 a.m., in Courtroom No. 5, Cumberland
County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
cn�, t
v
►�. d'1 1
Chri tylee L. Peck, J.
Michael R. Trimmer, Esq.
5425 Jonestown Road
Suite 103
Harrisburg, PA 17112
Attorney for Plaintiff
Jerry Philpott, Esq.
227 North High Street
P.O. Box 116
Duncannon, PA 17020
Attorney for Defendant
:rc
Ce, /rZ i lel_,