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HomeMy WebLinkAbout09-2549Page Thomas, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Spencer Thomas, Defendant NO. 09- CIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Page Thomas, by her attorneys, the Family Law Clinic, sets forth the following causes of action in divorce and custody: COUNTI DIVORCE UNDER TITLE 23 Pa. C.S. §§330Ia)(6), (c) and (d) OF THE DIVORCE CODE 1. Plaintiff is Page Thomas, who currently resides at 70 Conrad Road, Carlisle, Cumberland County, Pennsylvania 17013 since September 2003. 2. Defendant is Spencer Thomas, who currently resides at 613 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 since December 2007. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 29, 2007, in Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since December 22, 2047. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. COUNT II CUSTODY 9. Plaintiff repeats and re-alleges paragraphs 1 through 8 as it fully set forth herein. 10. Plaintiff seeks shared legal and primary physical custody of the following child: Name Present Residence Age Chance Thomas 70 Conrad Road, Carlisle, Pa 17013 1 year The child was not born out of wedlock. The child is presently in the custody of Page Thomas, who resides at 70 Conrad Road, Carlisle, Cumberland County, PA 17013. During the past five years, the child has resided with the following persons and at the following addresses: Persons Page Thomas Heather Steward Page Thomas Heather Steward Spencer Thomas Address 70 Conrad Road, Carlisle, PA 17013 70 Conrad Road, Carlisle, PA 17013 Dates 12/22/07 - present 11/12/07 - 12/22/07 The mother of the child is Page Thomas. She is married. The father of the child is Spencer Thomas. He is married. 11. The relationship of Defendant to the child is that of father. Defendant resides. with the following persons: Name Mr. John Thomas Mrs. Pat Thomas Korienia Barrack Josh Barrack Mackenzie Barrack Relationship grandfather grandmother, sister brother-in-law niece 12. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with the following persons: Name Chance Thomas Heather Steward Relationship son mother 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff would like to continue the upbringing, care, and support of the child; b. Plaintiff is prepared to provide the child with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet!the child's needs; c. Plaintiff would like the child to have substantial contact with both his mother and father; d. Plaintiff is willing to accept custody of the child; e. Plaintiff continues to perform parental duties when the child is in her care and enjoys the love and affection of the child. 15. 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. WHEREFORE, Plaintiff requests the court grant her shared legal custody and primary physical custody of the child. Date ?-/ / Z'-z / / Respectfully submitted, 'ctor Davi son II Certified Legal Intern ? A A, C94. NALD-F ROBERT 11. RAINS THOMAS M. PLACE MEGAN RIESMEYER Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-3696 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. D de Page omas K09 Alilili 2135 ,f ?P Page M. Thomas, Plaintiff V. Spencer Thomas, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ©? ?? DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Page M. Thomas, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the parry proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date ?3 7spe1 y sub Victor Davidson II Certified Legal Intern ANN NALD-FO MEGAN ESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Tr i shy 2 009 P 'Il 3 Ai`1 1'3: L+ i PAGE M. THOMAS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SPENCER THOMAS DEFENDANT • 2009-2549 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 30, 2009 _,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 09, 2009 at 2:30 P lYl 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 f. Man an r. Es q. His 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 ('U T' t, ,// -3a DS' H10 P12 30 fl i Wit; ri , v ? . A00, g A' `. PAGE M. THOMAS, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION-LAW :DIVORCE SPENCER THOMAS, Defendant :NO. 09-2549 CIVIL TERM AFFIDAVIT OF SERVICE I, ADAM BRITCHER, hereby certify that I personally served a true and correct copy of the Divorce Complaint with Custody Count on SPENCER THOMAS, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA, 17013 at 2:15 p.m. on June 9, 2009. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: ? (? HUAIVI 13Kl 1 UHLK Certified Legal Intern OF THE P t-?n"" ., TARY 2009 juN -9 P11 3: 4 3 CtlPrlr O { NY PE?}?'t. /" I' ? Page M. Thomas, Plaintiff V. Spencer Thomas, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 09-2549 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Please reinstate the Divorce Complaint originally captioned matter. 23, 2009 in the above Adam Britcher Certified Legal Intern ANNE ACDONALD-FO MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Date: q /0 9 OF TPIEIVI ""JON 9 A?1 6- ? 3 t?t,,1$j JUN 10 2009 PAIGE M. THOMAS, Plaintiff V. SPENCER THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2549 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of June 2009, upon consideration of the Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Spencer Thomas, and the Mother, Paige Thomas, legal custody of Chance Thomas, born 11/12/2007. The parties shall have an make all major non-emergency decisions affecting the Child's general well-be but not limited to, all decisions regarding his health, education and religion. P terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and info: pertaining to the Child including, but not limited to, medical, dental, religious records, the residence address of the Child and of the other parent. To the exte possession of any such records or information, that parent shall be required to or copies thereof, with the other parent within such reasonable time as to make information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child partial physical custody of the Child at times Father and Mother mutually aj 3. Mother and Father shall agree upon drop off and pick up times and locations. 4. The non-custodial parent shall have liberal telephone contact with the Child basis. 5. Holidays: a. In even numbered years, Mother shall have custody of the Child on Christ Christmas Day and Halloween, and Father shall have custody of the Child Thanksgiving. b. In odd numbered years, Mother will have custody of the Child on Easter a Thanksgiving, and Father shall have custody of the Child on Christmas Ev Day and Halloween. c. Mother shall have custody of the Child every November 12t` and Mother': d. Father shall have custody of the Child every Father's Day. 6. Neither party may say or do anything nor permit a third party to do or say anyt estrange the Child from the other party, or injure the opinion of the Child as to or may hamper the free and natural development of the Child's love or affectic party. To the extent possible, both parties shall not allow third parties to disp, parent in the presence of the Child. Custody 11 have shared d right to including, cant to the ?r school cat one parent has hare the same, the records and )ject to Father's a reasonable ias Eve, )n Easter and d Christmas Day. ng that may ke other party, for the other ge the other 7. Mother and Father shall notify each other of all medical care the Child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies that arise while the Child is in that parent's care. 8. This Order is entered pursuant to a Custody Conciliation Conference. The tnt, may modify the provisions of this Order by mutual consent. In the absence of mutual co the terms of this Order shall control. _ -001 By the J. Distribution: ,,,The Family Law Clinic, Adam Britcher, Certified Legal Intern and Megan Riesmey r, Esq. ,/Spencer Thomas, 411 Mountainview Rd., Mt. Holly Springs, 17065 /John J. Mangan, Esquire . IT I?ES rn.-tL IFXL PAIGE M. THOMAS, Plaintiff V. SPENCER THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEl'?TNSYLVANIA No. 09-2549 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CP4I PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently the Custody of Chance Thomas 11/12/2007 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 09, 2009 with the following individuals in attendance: The Mother, Paige Thomas, with her counsel, Adam Britcher, certified legal i tern and Megan Riesmeyer, Esq. The Father, Spencer Thomas, pro se 3. The parties agreed to the entry of an Order in the form as attached. Date John an, Esquire RLED--O FICE OF THE P +CTl-!,: %1CTAFY 2009 JUq 10 Psi 3: 56 CUM L a , t Tv ? QTY ? p P `r vJ ,'EVA N A