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HomeMy WebLinkAbout04-5228O JOSEPH A. THORN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAWnn CHRISTINA R. THORN, : NO. ON DEFENDANT : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 JOSEPH A. THORN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHRISTINA R. THORN, : NO. 0 `1' DEFENDANT :IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Joseph A. Thorn, by his attorney, Lenora M. Smith, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Joseph A. Thorn, is an adult individual who resides at 596 Magaro Road, Enola, PA 17025. 2. The Defendant, Christina R. Thorn, is a individual who resides at 125 Second Street, Enola, PA 17025. 3. The Plaintiff has been abona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 26, 1999, in Harrisburg, Dauphin County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. There have been no prior actions of divorce between the parties. 7. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 8. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests equitable distribution of the marital property. 10. The cause of action and sections ofDivorce Code under which Plaintiff is proceeding are: a. Section 3301 (c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consent to a Divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, the Plaintiffprays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT I-CUSTODY AND NOW comes Joseph A. Thom, Plaintiff Petitioner herein, by and through his attorney, Lenora M. Smith, Esquire, who files this Petition for Custody and in support hereon submit the following: 11. Averments I through 10 are incorporated by reference as though fully stated herein. 12. Plaintiff is the natural father of the subject minor child. 13. Defendant is the natural mother of the subject minor child. 14. Plaintiff and Defendant are the natural parents of Keelan Rae Thorn born February 6, 2001. 15. At all times to this Petition, the child has lived with both parents at 125 Second Street, Enola, PA, until July 5, 2004, when the parents separated. The child now resides %2 time equally with both parents at the above respective addresses. 16. The Plaintiff avers that it is in the best interest of the minor child to place her in the Joint Legal and Physical Custody of both parties. WHEREFORE, Petitioner requests this Honorable Court to grant Joint Legal and Physical Custody to both parties. Respectfully Submitted: Date: it) _ vi-- 0` By: kl? - Lenora A Smith, Esquire Attorney for Plaintiff, Joseph A. Thorn 1205 N. 2'. Street, P. O. Box 5154 Harrisburg, PA 17110-0154 717-234-1688 L D. #22607 VERIFICATION I, Joseph A. Thom verify that the statements made in the forgoing are true and correct to the best of my knowledge, information and belief. The undersigned understands that my statements therein are made subject to the penalties of 18 Pa. C. S. A § 4904 relating to unworn falsification to authorities. Date: 04 cy V lC?`UU?' Jos h A. Thorn CERTIFICATE OF SERVICE I, Lenora M. Smith, Esquire, do hereby certify that on this date I served a copy of the foregoing COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE by placing the same in the United States mail, first class, in Harrisburg, Pennsylvania, to the following: Christina R. Thorn 125 Second Street Enola, PA 17025 Date: it) - k f - 0 L` ? U y., - i? 6 Lenora M. Smith, Esquire Attorney for Plaintiff `o ? O ..o p G 0 ? a? JOSEPH A. THORN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5228 CIVIL ACTION LAW CHRISTINA R. THORN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, October 26, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Wednesday, November 17, 2004 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greerp, Esq. mnc 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 '. v ] L.;Ju?Z A..i :Jjmn- ??? JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5228 CIVIL TERM V. CIVIL ACTION - LAW CHRISTINA R. THORN, IN CUSTODY Defendant ORDER OF COURT ?cc? ?cI AND NOW, this day of November, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joseph A. Thorn and Christina R. Thorn, shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parties will share physical custody on a two (2) week alternating schedule as follows commencing with Week One on November 22, 2004 and Week Two on November 29, 2004: Week One - Mother will have custody Monday, Tuesday, Friday, Saturday and Sunday. Father will have custody Wednesday and Thursday. Week Two - Father will have custody Monday, Tuesday, Friday, Saturday and Sunday. Mother will have custody on Wednesday and Thursday. The parent with custody the evening before the next day that the child attends preschool will be responsible for taking the child to preschool the following morning. f «; ; F? q zm X10 ?Lriz NO. 04-5228 CIVIL TERM 3. Holidays. The parties shall share the holidays by mutual agreement except as otherwise provided herein: A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 2:00 p.m. until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 2:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. 4. Each parent shall be entitled to one (1) week of vacation each year to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 5. In the event either party is unavailable to provide care for the child during his or her period of custody for a period of two (2) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. BY THE COURT: Dist: ti.e ra M. Smith, Esquire, PO Box 5154, Harrisburg, PA 17110 Paul Helvy, Esquire, PO Box 886, Harrisburg, PA 17108-0886 J? ??o NOV 2 9 ?004 JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the Following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL TERM CIVIL ACTION -- LAW IN CUSTODY 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Keelan Rae Thorn February 6, 2001 Mother and Father 2. The parties' first Custody Conciliation Conference was held on November 17, 2004 with the following individuals in attendance: the Father, Joseph A. Thorn, and his counsel, Lenora M. Smith, Esquire; the Mother, Christina R. Thorn, and her counsel, J. Paul Helvy, Esquire. The Conference was convened following Father's October 19, 2004 filing of a Complaint in Divorce with a Count for Custody. 3. The parties reached an agreement in the form of an Order as attached. ILu0140? l- 1 Date Melissa Peel Greevy, Esquire Custody Conciliator :239732 JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5228 CIVIL TERM V. CIVIL ACTION - LAW CHRISTINA R. THORN, IN CUSTODY Defendant OLER, J. --- ORDER OF COURT AND NOW, this Z t-114- day of December, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's prior Order of December 2, 2004 is VACATED. 2. Legal Custody. The parties, Joseph A. Thorn and Christina R. Thorn, shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. The parties will share physical custody on a two (2) week alternating schedule as follows commencing with Week One on January 3, 2005 and Week Two on January 10, 2005: Week One - Mother will have custody Monday, Wednesday and Friday. Father will have custody Tuesday, Thursday, Saturday and Sunday. Week Two - Father will have custody Monday, Wednesday and Friday. Mother will have custody on Tuesday, Thursday, Saturday and Sunday. The parent with custody the evening before the next day that the child attends preschool will be responsible for taking the child to preschool the following morning. t0 t^J NO. 04-5228 CIVIL TERM 4. Holidays. The parties shall share the holidays by mutual agreement except as otherwise provided herein: A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 2:00 p.m. until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 2:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. 5. Each parent shall be entitled to one (1) week of vacation each year to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 6. In the event either party is unavailable to provide care for the child during his or her period of custody for a period of two (2) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. 7. The parties shall submit themselves and their minor child to an independent custody evaluation to be performed by Arnold T. Shienvold, Ph.D. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. Mother shall bear the cost of the evaluation. The parties' participation in this evaluation is not an endorsement of the result or any stipulation to be bound by the recommendation reported by the evaluator. BY THE COURT: J. Wesley OIej:?-J. Dist: X ora M. Smith, Esquire, PO Box 5154, Harrisburg, PA 17110 Paul Helvy, Esquire, PO Box 886, Harrisburg, PA 17108-0886 C? boa 7 r ^, JOSEPH A. THORN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL TERM V. CHRISTINA R. THORN, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Keelan Rae Thorn February 6, 2001 Mother and Father 2. The parties' second Custody Conciliation Conference was held on December 15, 2004 with the following individuals in attendance: the Father, Joseph A. Thorn, and his counsel, Lenora M. Smith, Esquire; the Mother, Christina R. Thorn, and her counsel, J. Paul Helvy, Esquire. 3. The parties reached an agreement in the form of an Order as attached. Date a sa Peel Greevy, Esquire Custody Conciliator :241207 JOSEPH A. THORN : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINA R. THORN, :NO. 04-5228 CIVIL DEFENDANT : IN DIVORCE AFFIDAVIT OF CONSENT A complaint in Divorce under §3301(c) of the Divorce Code was filed on October 19, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: t? S ( _ Jo ph A. Thorn, Plaintiff ? N Q v„. N nm .f JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 19, 2004. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -off Date Christina R. Thorn C b C=l O CJ'1 L Fri FTJ y j. N N 7 ? t= - c' i n JOSEPH A. THORN : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINA R. THORN, :NO. 04-5228 CIVIL DEFENDANT : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fee, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: T 1 S a S S1? 21aintiff Jose A. Thorn, N `? n ;n?=; cn fi'r';;' t'? ` :r° r- "v m T -p y>,' N UO C i` N r j 1, : E 1 :_. ?? ?_ C` ?„ ? _? . - -Y ?? ..C r ? lA K JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN DIVORCE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. NO -'? - c)5' Date Christina R. Thorn _j mo m - o 3 ?J r .zi MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this ?q day of , 2005, by and between CHRISTINA B. THORN, 125 North Second Street, West Fairview, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and JOSEPH A. THORN, 596 Magaro Road, Enola, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 26, 1999, at Harrisburg Pennsylvania, and are the parents of the following child: Name Date of Birth Keelan Rae Thorn February 6, 2001 WHEREAS, the parties separated on July 4, 2004; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Lenore M. Smith, Esquire, for Husband, and J. Paul Helvy, Esquire, of McNees Wallace & Nurick LLC, for Wife. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent -2- jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. -3- 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. PRE-NUPTIAL AGREEMENT. Prior to marriage, the parties entered into a Pre-nuptial Agreement dated June 11, 1999 that sets forth their rights and obligations in the event of a divorce. The parties agree that the terms of this Agreement are consistent with the terms of the Pre-Nuptial Agreement and further agree that they shall not assert that this Agreement is invalid as a result of the existence of the Pre-Nuptial Agreement. A true and correct copy of the Pre-Nuptial Agreement dated June 11, 1999 is attached hereto as Exhibit "A" and incorporated herein. 5. MUTUAL CONSENT DIVORCE. Husband has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 04-5228. Said action shall be limited -4- to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for each party shall execute a Praecipe withdrawing all such ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Husband who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 6. EQUITABLE DISTRIBUTION. 6.1. Marital Residence. The parties acknowledge that they are the joint owners of that certain house and lot and all improvements thereupon situated at 125 North Second Street, West Fairview, Cumberland County, Pennsylvania (the "marital residence"). The deed to the marital residence has been transferred from the joint ownership of the parties to Wife by a Deed executed prior to the signing of this Agreement. The parties agree and hereby confirm that all right, title, claim and interest in and to the marital residence shall be and is hereby transferred to Wife. Any and all homeowners policies, title policies and any other policy of insurance with respect to the marital residence shall be deemed to be endorsed to reflect Wife as sole owner thereof. The parties agree that Wife shall be entitled to receive any payments now or hereafter due under such insurance policies. -5- Wife shall keep Husband and his assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which may be incurred in connection with the marital residence. 6.2. Funds Escrowed by Pennsylvania Housinq Finance Agency. Wife refinanced the mortgage which had been held by Pennsylvania Housing Finance Agency on the marital residence. The parties shall receive or already have received a check for the escrowed funds currently held by Pennsylvania Housing Finance Agency. The parties agree and hereby confirm that all right, title, claim and interest in and to the escrow funds shall be and is hereby transferred to Wife. Husband shall take the steps necessary to transfer the escrow funds to Wife. 6.3. Lien on the Marital Residence. The marital residence had a lien against it held by the State of Pennsylvania for overdue child support that Husband owes. In order to refinance the Marital Residence, the child support obligation had to be satisfied so that the State of Pennsylvania could remove the lien against the Marital Residence. Wife paid the child support amount owed to the State of Pennsylvania in the amount of $384.93 within thirty (30) days of the signing of this Agreement Husband shall tender a check to Wife in the amount of $384.93 to reimburse her for the payment she made for the overdue child support. 6.4. Contents of Marital Residence. Contents of Husband's Residence and Other Personal Propert y. -6- 6.4.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to all of the contents of the marital residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the marital residence as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. 6.4.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title and interest in and to all of the contents of the residence at 596 Magaro Road, Enola, Cumberland County, Pennsylvania, where Husband currently resides, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the said residence, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 6.5. Unpaid Taxes Due to IRS. For tax year 2000, a potential liability for back taxes to the Internal Revenue Service may exist. The parties agree that they will equally split any back taxes owed to the Internal Revenue Service in the event that either of them are contacted by the IRS demanding payment regarding this potentially outstanding liability. This provision shall enable either of the parties to pay the entire amount due and owing and demand payment from the other for 50% of the amount -7- paid. Failure of the nonpaying party to pay the paying party within thirty (30) days shall constitute breach of this Agreement. 6.6. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 6.7. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 6.8. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be -8- awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 6.9. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. Except as set forth herein, in the event that any -9- additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. 6.10. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6.11. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 6.12. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not -10- limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 6.13. Warranty as to Future Obligations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 6.14. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to the Pre-Nuptial Agreement dated June 11, 1999. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release -11- and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. DEPENDENCY EXEMPTIONS FOR TAX PURPOSES. The parties currently share physical custody of their child, Keelan Rae Thorn. The parties agree that as long as the parties share physical custody of Keelan, they will claim Keelan as an exemption for tax purposes on alternating years, beginning with Wife claiming Keelan in 2004. The parties agree to execute the Internal Revenue Service's form, "Release of Claim to Exemption for Child of Divorce or Separated Parents," each year so that the party whose turn it is can claim Keelan as a dependent for tax purposes. 8. SPOUSAL SUPPORT/ALIMONY. 8.1. Releases. The parties acknowledge that they waived their rights to spousal support, alimony pendente lite and alimony in the Pre-nuptial Agreement dated June 11, 1999. Therefore, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the -12- parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. 9. COUNSEL FEES, COSTS AND EXPENSES. The parties acknowledge that each waived all rights to counsel fees, costs and expenses in the Pre-Nuptial Agreement dated June 11, 1999. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 10. WAIVER OF INHERITANCE RIGHTS. The parties acknowledge that each waived all rights of inheritance in the estate of the other in the Pre-Nuptial Agreement dated June 11, 1999. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not -13- be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of any divorce decree which may be entered with respect to the parties all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. -14- ' 0- l 1 . • t s 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Christina B. Thorn 125 North Second Street West Fairview, PA 17025 and to Husband, if made or addressed to the following: Joseph A. Thorn 596 Magaro Road Enola, PA 17025 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 19. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the -15- terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 20. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 21. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 22. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 23. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to -16- a f effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 24. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS Christina IT. Thorn, Wife WITNESS ' Jos ph A. Thor , Hu band -17- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN BEFORE ME, the undersigned authority, on this day, personally appeared JOSEPH A. THORN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15`h day of July, 2005. (INotary Public My Commission Expires: COMMONWEALTH OF PENNSYLV NIA Notarial Seal Dorothy M. Scott, Notary Public City of Harrisburg, Dauphin County My Commission Expires Sept. Il, 2008 Member, Pennsylvania Association of Notaries ;ti ?;,? ?_{ k_ r ,. IN THE COURT OF COON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 1-9 VS. }-? / h c rL-,* PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) # -Diverce--eade-. (Strike out inapplicable section) 2. Date and manner of service of the complaint: 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff by the defendant B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: N r' S r n Tt?? L A ,z z 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code ^'` 2 c, x 1 b y A Attorney for Plaintiff/Defendant ?, ° ? ?, -_ ?; j .. __.a z _ .? - C?„ - 4 - __. :??+ 0 JOSEPH A. THORN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHRISTINA R. THORN, : NO. DEFENDANT : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 A JOSEPH A. THORN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHRISTINA R. THORN, : NO. 4 q, DEFENDANT : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Joseph A. Thorn, by his attorney, Lenora M. Smith, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Joseph A. Thorn, is an adult individual who resides at 596 Magaro Road, Enola, PA 17025. 2. The Defendant, Christina R. Thorn, is a individual who resides at 125 Second Street, Enola, PA 17025. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 26, 1999, in Harrisburg, Dauphin County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. There have been no prior actions of divorce between the parties. 7. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 8. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests equitable distribution of the marital property. 10. The cause of action and sections of Divorce Code under which Plaintiff is proceeding are: a. Section 3301 (c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consent to a Divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, the Plaintiffprays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT I - CUSTODY AND NOW comes Joseph A. Thorn, Plaintiff Petitioner herein, by and through his attorney, Lenora M. Smith, Esquire, who files this Petition for Custody and in support hereon submit the following: 11. Averments 1 through 10 are incorporated by reference as though fully stated herein. 12. Plaintiff is the natural father of the subject minor child. 13. Defendant is the natural mother of the subject minor child. 14. Plaintiff and Defendant are the natural parents of Keelan Rae Thorn born February 6, 2001. 15. At all times to this Petition, the child has lived with both parents at 125 Second Street, Enola, PA, until July 5, 2004, when the parents separated. The child now resides 1/2 time equally with both parents at the above respective addresses. 16. The Plaintiff avers that it is in the best interest of the minor child to place her in the Joint Legal and Physical Custody of both parties. WHEREFORE, Petitioner requests this Honorable Court to grant Joint Legal and Physical Custody to both parties. Respectfully Submitted: Date: /0 i? - O q By: k Lenora M. Smith, Esquire Attorney for Plaintiff, Joseph A. Thorn 1205 N. 2"d. Street, P. O. Box 5154 Harrisburg, PA 17110-0154 717-234-1688 I. D. #22607 VERIFICATION I, Joseph A. Thorn verify that the statements made in the forgoing are true and correct to the best of my knowledge, information and belief. The undersigned understands that my statements therein are made subject to the penalties of 18 Pa. C. S. A § 4904 relating to unswom falsification to authorities. Date: (N 0- Josiph A. Thorn CERTIFICATE OF SERVICE I, Lenora M. Smith, Esquire, do hereby certify that on this date I served a copy of the foregoing COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE by placing the same in the United States mail, first class, in Harrisburg, Pennsylvania, to the following: Christina R. Thorn 125 Second Street Enola, PA 17025 Date: 10 - \ ? , v Lj Y" , 3 Lenora M. Smith, Esquire Attorney for Plaintiff 49, ? p p o ??oc?G cz3 JOSEPH A. THORN : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. . CHRISTINA R. THORN, :NO. 04-5228 CIVIL DEFENDANT : IN DIVORCE CERTIFICATE OF SERVICE I Lenora M. Smith certify that on Otober 21, 2004 e a true and correct cop of the complaint in Divorce in the above captioned matter has been served by certified mail/ return receipt to the person(s) named below at the address(es) below.( See attached exhibit A) Ms. Christina R. Thorn 125 Second St. Enola, Pa. 17205 Date: October 19, 2005 ¦ 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, '--1 '- "1 /I Gyp tV 1'K S , 1ti "- s (/ - - f' 6,10 ('U ,K r ',i , - -77 Lenora M. Smith, Esquire Attorney for Joseph A. Thorn A. iQ atture ?/ ?-7 X ?i } Agent '}rte , ?- y Addressee r ( 1 L r? B. Received by ( Print Nam C. Date of Delivery D. Is delivery address different from item 1? ? Yes if YES, enter delivery address below: ? No 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? G.Q.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-Z-0985 ?,.? r -a ,_ :' y _.. -a _ r;, _. ; ?. _. w?,? -- ; C:; ?__. ?;_. JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHRISTINA R. THORN, : Defendant NO. 04-5228 CIVIL TERM ORDER OF COURT AND NOW, this 26 1h day of October, 2005, upon consideration of Plaintiff's Praecipe To Transmit Record, and it appearing that Plaintiff and Defendant's affidavits of consent were filed more than 30 days after their execution and are thus stale, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit record. See Pa. R.C. P. 1920.42(b)(2). BY THE COURT, enora M. Smith, Esq. / 1205 North Second Street P.O. Box 5154 Harrisburg, PA 17110 Attorney for Plaintiff ?:rc fib' o .. JOSEPH A. THORN : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINA R. THORN, :NO. 04-5228 CIVIL DEFENDANT : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on October 19, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: I 3 U 4 Joseph A.'Thorn, Plaintiff r , ?, . ,T, ,-_ ? ?,-, _ ; ? ? {` - s: ;: 1 ? `?? -. u, a .... .? JOSEPH A. THORN : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINA R. THORN, :NO. 04-5228 CIVIL DEFENDANT : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(?C OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fee, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: L 3 U b Joseph A. Thom, Plaintiff (?) I\> ?? ?? l1 L. 1 .'1 ??r iti i ? ? '; -?' ?? .. .__? .. CI"i ?iJ r.; -< JOSEPH A. THORN : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINA R. THORN, :NO. 04-5228 CIVIL DEFENDANT :IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on October 19, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Bate Christina R. Thorn, endant JOSEPH A. THORN : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINA R. THORN, :NO. 04-5228 CIVIL DEFENDANT : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fee, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. U ?? Date: ?', ) 3 ? v Christina R. Thorn, Defendant " r? t ,.? C_._ ?,,._ IN THE COURT OF COMON PLEAS OF S z k A I^ " N CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 V-5ta? CIVIL 19 VS. a ? k R,s4':rn 2. J 2? To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) "^,nT of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: i 0 ' yO1 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff 1 3 U (P by the defendant / / , `0 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: " 0.- AL 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code See Attorney for Plaintiff/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY' STATE OF PENNA. -WA-4. VERSUS Christina R. Thorn Joseph A. Thorn No. 04-5228 DECREE IN DIVORCE Civil AND NOW, T2SU y , 2624, IT IS ORDERED AND Joseph A. Thorn DECREED THAT AND Christina R. Thorn ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE: The Court adopts the attached Marital Settlement Agreement of the Parties as settlement of all claims. BY THE COU ATT E?Srf': v V J. U PROTHONOTARY ;71.11', / ./ McNees Wallace & Nurick LLC By: J. Paul Helvy I . D. No. 53148 Audrey L. Buglione Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defend ant/Petitioner JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF IN THE FORM OF EXPEDITED MODIFICATION OF CUSTODY ORDER 1. The Petitioner is Christina R. Thorn, hereinafter referred to as "Mother," an adult individual who currently resides at 125 Second Street, Enola 17025. 2. The Respondent, Joseph A. Thorn, hereinafter referred to as "Father," is an adult individual whose last known address is 596 Magaro Road, Enola 17025. 3. The parties are the natural parents of Keelan Rae Thorn, born on February 6, 2001. 4. On December 2, 2004 an Order was entered granting the parties shared physical custody on a two-week alternating schedule. Mother has custody on Monday, Wednesday and Friday. Father has custody on Tuesday, Thursday and Sunday. The parties alternate Saturdays. 5. On November 22, 2007 Father was arrested and charged with illegal possession of a firearm, reckless endangerment and hazardous disorderly conduct. 6. According to a Patriot News police roundup article posted November 23, 2007, Father got into a fight with his girlfriend and became enraged when she left the house. Father then fired a gun into the air and ground outside their home. 7. This is at least the second time that Father has acted out violently with a firearm. On April 29, 2003 Father was arrested after he shot a man during a late night brawl. 8. Father has admitted to Mother that when charges were pending related to the 2003 shooting incident he "jumped bail" and fled out West and was later picked up by Federal Marshalls. Father admitted that his intention had been to flee to Europe to avoid prosecution for the April 29, 2003 incident. 9. Father is currently incarcerated at Camp Hill prison with bail set for $100,000. A preliminary hearing is scheduled on December 3, 2007. 10. Father has been told that he is not welcome to return to his former girlfriend's home. Therefore, Father currently has no "home" to which to take Keelan if he exercised his custodial time with her. 11. Mother believes, and therefore avers, that Father is a threat to Keelan because he has impulsive and violent tendencies. -2- 12. Mother believes, and therefore avers, that Father has no home base now and a past history of fleeing and therefore fears he may grab Keelan and flee when he is released from prison. 13. Due to Father's violent tendencies, incarceration, and flight risk Mother requests Special Relief pursuant to Pa. R.C.P. 1915.4(e) and seeks an expedited modification of the existing custody Order. 14. Custody modification is necessary if Father remains in prison because he will be unable to exercise his custodial time with Keelan outside of prison and it is not in the child's best interest to visit her father in prison. 15. Custody modification is necessary even if Father is released from prison because his violent uncontrolled outbursts and history of fleeing pose a threat to Keelan's best interest and well being. 16. The court is to consider "each parent and adult household member's present and past violent or abusive conduct..." when making a decision regarding custody. 23 Pa.C.S.A. § 5303(a)(3). 17. Sole custody is appropriate when it is in the best interest of the child. 23 Pa.C.S.A. § 5303(d). 18. Mother believes that it would be in the best interest of Keelan for her to temporarily have sole legal and physical custody of the child until such time as: a) the charges against Father are resolved; b) Father has established a residence to exercise his custodial rights; and c) Father has established that he is not a flight risk. -3- WHEREFORE, Mother respectfully requests this Honorable Court to modify the existing Custody Order to grant her sole legal and physical custody subject to periods of supervised visitation to be exercised by Father on a weekly basis after he is released from prison. Date: I/- ZS- Z007 By: Respectfully submitted, MCNEES WALLACE & NURICK, LLC Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) J. Paul Hel , t Attorney I. D. Nc Audrey L. Attorney I. 100 Pine Street P.O. Box 1166 Attorneys for Defendant -4- Buglione, Esquire D. No. 206587 VERIFICATION I verity that the statements made in the foregoing document are true and owed to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to Dated: Christina . mom CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Lenora M. Smith 1205 N. 2nd Street P.O. Box 5154 Harrisburg, PA 17110 Dated: J//. p' X00 7 4 " "-,/- ? , U ), &L., . ?' renda Williams, Legal Secretary ?T `?r w d c -1-3 Ff- Z }- co FT, 4 f n McNees Wallace & Nurick LLC By: J. Paul Helvy I.D. No. 53148 Audrey L. Buglione Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defend ant/Petitioner JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN DIVORCE AMENDED PETITION FOR SPECIAL RELIEF IN THE FORM OF EXPEDITED MODIFICATION OF CUSTODY ORDER The Petitioner is Christina R. Thorn, hereinafter referred to as "Mother," an adult individual who currently resides at 125 Second Street, Enola 17025. 2. The Respondent, Joseph A. Thorn, hereinafter referred to as "Father," is an adult individual whose last known address is 596 Magaro Road, Enola 17025. 3. The parties are the natural parents of Keelan Rae Thorn, born on February 6, 2001. 4. On December 2, 2004, upon consideration of a Custody Conciliation Report, an Order was entered by Judge Oler granting the parties shared physical custody on a two- week alternating schedule. Mother has custody on Monday, Wednesday and Friday. Father has custody on Tuesday, Thursday and Sunday. The parties alternate Saturdays. This is the only Order entered by a judge relating to custody of the children. 5. On November 22, 2007 Father was arrested and charged with illegal possession of a firearm, reckless endangerment and hazardous disorderly conduct. 6. According to a Patriot News police roundup article posted November 23, 2007, Father got into a fight with his girlfriend and became enraged when she left the house. Father then fired a gun into the air and ground outside their home. 7. This is at least the second time that Father has acted out violently with a firearm. On April 29, 2003 Father was arrested after he shot a man during a late night brawl. 8. Father has admitted to Mother that when charges were pending related to the 2003 shooting incident he "jumped bail" and fled out West and was later picked up by Federal Marshalls. Father admitted that his intention had been to flee to Europe to avoid prosecution for the April 29, 2003 incident. 9. Father is currently incarcerated at Camp Hill prison with bail set for $100,000. A preliminary hearing is scheduled on December 3, 2007. 10. Father has been told that he is not welcome to return to his former girlfriend's home. Therefore, Father currently has no "home" to which to take Keelan if he exercised his custodial time with her. 11. Mother believes, and therefore avers, that Father is a threat to Keelan because he has impulsive and violent tendencies. -2- 12. Mother believes, and therefore avers, that Father has no home base now and a past history of fleeing and therefore fears he may grab Keelan and flee when he is released from prison. 13. Due to Father's violent tendencies, incarceration, and flight risk Mother requests Special Relief pursuant to Pa. R.C.P. 1915.4(e) and seeks an expedited modification of the existing custody Order. 14. Custody modification is necessary if Father remains in prison because he will be unable to exercise his custodial time with Keelan outside of prison and it is not in the child's best interest to visit her father in prison. 15. Custody modification is necessary even if Father is released from prison because his violent uncontrolled outbursts and history of fleeing pose a threat to Keelan's best interest and well being. 16. The court is to consider "each parent and adult household member's present and past violent or abusive conduct..." when making a decision regarding custody. 23 Pa.C.S.A. § 5303(a)(3). 17. Sole custody is appropriate when it is in the best interest of the child. 23 Pa.C.S.A. § 5303(d). 18. Mother believes that it would be in the best interest of Keelan for her to temporarily have sole legal and physical custody of the child until such time as: a) the charges against Father are resolved; b) Father has established a residence to exercise his custodial rights; and c) Father has established that he is not a flight risk. 19. Counsel for Petitioner has sought concurrence by counsel of record for Respondent who informed us that she had not spoken with Father and therefore would -3- neither concur nor not concur. Father is currently incarcerated and therefore unavailable to concur. WHEREFORE, Mother respectfully requests this Honorable Court to modify the existing Custody Order to grant her sole legal and physical custody subject to periods of supervised visitation to be exercised by Father on a weekly basis after he is released from prison. Respectfully submitted, MCNEES WALLACE & NURICK, LLC Date: / l- Z q - 21-.;-07 By: J. Pa Helvy, 're Att ney I. D. o. 5$148 udrey L. B ' e, Esquire Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) Attorneys for Defendant -4- VERIFICATION I verify that the statements made in the foregoing document are true and connect to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C, S. §4904, relating to unswom falsification to authorities. Dated I Zq I b 5hrisana . Thom- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Lenora M. Smith 1205 N. 2"d Street P.O. Box 5154 Harrisburg, PA 17110 Brenda Williams, Legal Secretary Dated: ! ?- 2q-ZD47 T- TM McNees Wallace & Nurick LLC By: J. Paul Helvy I.D. No. 53148 Audrey L. Buglione Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant/Petitioner JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant SECOND AMENDED P OF EXPEDITED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN DIVORCE TI 1. The Petitioner is Christina R. Thorn, hereinafter referred to as "Mother," an adult individual who currently resides at 125 Second Street, Enola 17025. 2. The Respondent, Joseph A. Thorn, hereinafter referred to as "Father," is an adult individual whose last known address is 596 Magaro Road, Enola 17025. 3. The parties are the natural parents of Keelan Rae Thorn, born on February 6, 2001. 4. On December 2, 2004, upon consideration of a Custody Conciliation Report, an Order was entered by Judge Oler granting the parties shared physical custody on a two- week alternating schedule. Mother has custody on Monday, Wednesday and Friday. Father has custody on Tuesday, Thursday and Sunday. The parties alternate Saturdays. This is the only Order entered by a judge relating to custody of the children. 5. On November 22, 2007 Father was arrested and charged with illegal possession of a firearm, reckless endangerment and hazardous disorderly conduct. 6• According to a Patriot News police roundup article posted November 23, 2007, Father got into a fight with his girlfriend and became enraged when she left the house. Father then fired a gun into the air and ground outside their home. 7. This is at least the second time that Father has acted out violently with a firearm. On April 29, 1993 Father was arrested after he shot a man during a late night brawl. 8. Father has admitted to Mother that when charges were pending related to the 1993 shooting incident he "jumped bail" and fled out West and was later picked up by Federal Marshalis. Father admitted that his intention had been to flee to Europe to avoid prosecution for the April 29, 1993 incident. 9. Father is currently incarcerated at Camp Hill prison with bail set for $100,000. A preliminary hearing was scheduled for December 3, 2007. The hearing has been rescheduled for December 10, 2007. 10. Father has been told that he is not welcome to return to his former girlfriend's home. Therefore, Father currently has no "home" to which to take Keelan if he exercised his custodial time with her. 11. Mother believes, and therefore avers, that Father is a threat to Keelan because he has impulsive and violent tendencies. -2- 12. Mother believes, and therefore avers, that Father has no home base now and a past history of fleeing and therefore fears he may grab Keelan and flee when he is released from prison. 13. Due to Father's violent tendencies, incarceration, and flight risk Mother requests Special Relief pursuant to Pa. R.C.P. 1915.4(e) and seeks an expedited modification of the existing custody Order. 14. Custody modification is necessary if Father remains in prison because he will be unable to exercise his custodial time with Keelan outside of prison and it is not in the child's best interest to visit her father in prison. 15. Custody modification is necessary even if Father is released from prison because his violent uncontrolled outbursts and history of fleeing pose a threat to Keelan's best interest and well being. 16. The court is to consider "each parent and adult household member's present and past violent or abusive conduct..." when making a decision regarding custody. 9 23 Pa.C.S.A. § 5303(a)(3). 17. Sole custody is appropriate when it is in the best interest of the child. 23 Pa.C.S.A. § 5303(d). 18. Mother believes that it would be in the best interest of Keelan for her to temporarily have sole legal and physical custody of the child until such time as: a) the charges against Father are resolved; b) Father has established a residence to exercise his custodial rights; and c) Father has established that he is not a flight risk. 19. Counsel for Petitioner has sought concurrence by counsel of record for Respondent who informed us that she had not spoken with Father and therefore would -3- neither concur nor not concur. Father is currently incarcerated and therefore unavailable to concur. WHEREFORE, Mother respectfully requests this Honorable Court to modify the existing Custody Order to grant her sole legal and physical custody subject to periods of supervised visitation to be exercised by Father on a weekly basis after he is released from prison. Respectfully submitted, MCNEES WALLACE & NURICK, LLC Date: ZI 7 By: Paul He AEsqu Attorney I.D. No. 53148 Audrey L. Buglione, Esquire Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) Attorneys for Defendant -4- VERaCA'T?ON I verify that the sta Gments made in the foregoing document are true an the best of my knowledge, infcyrmation and belief. I understand that false statements are made subject to the penalties of '! 8 Pa. C. S. §49134, relating to unswom falsifrcation to authorities. Dated,- -.JU07 Ch nstina .Thom CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct foregoing document was served by first-class copy of the mail, postage prepaid, upon the following: Lenora M. Smith 1205 N. 2nd Street P.O. Box 5154 Harrisburg, PA 17110 Dated: /,-? - `I AW Brenda Williams, Legal Secretary ? _ k? 1_ ..,, j "'?'? ,, ? ' °?i y n.'h ?y` ___; c n °?:1 c..:: -- JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5228 CIVIL TERM ORDER OF COURT AND NOW, this Il`h day of December, 2007, upon consideration of the following: (1) Defendant's Petition for Special Relief in the Form of Expedited Modification of Custody Order; (2) Defendant's Amended Petition for Special Relief in the Form of Expedited Modification of Custody Order; and (3) Defendant's Second Amended Petition for Special Relief in the Form of Expedited Modification of Custody Order, a hearing is scheduled for Tuesday, January 15, 2008, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, lfoseph A. Thorn 596 Magaro Road Enola, PA 17025 Plaintiff, pro Se AOIS A. Thorn 42 Deep Hollow Lane Lancaster, PA 17603-7420 Plaintiff, pro Se `` -?? LV ti ? r'."? tSt'1 S. JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, this ® day of Q n UQt , 2008, the undersigned do hereby stipulate and agree to revise the Custody Order of December 2, 2004 and hereby agree to the entry of a new Custody Order which supersedes any existing Custody Order and is consistent with the following: 1. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties hereby agree that Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation. 3. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody. a) Father agrees that it will be at Mother's sole discretion as to whether or not Keelan visits Father in prison. b) The parties acknowledge and agree that should Mother come to an untimely death while Father is incarcerated, Keelan's maternal grandfather, Raymond F. Beyers, shall take Mother's custodial place until such time as Father is 1) released from prison and 2) meets the conditions laid out in paragraph four (4) below. 4. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration, and; b) Father establishes a permanent residence within ten miles of the Town of Enola, Pennsylvania, and; C) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve, and; d) Father agrees to and attends at least two months of mental health counseling. . , A 5. The parties agree that when Father has fulfilled the requirements listed in paragraph four (4) above he will be entitled to enjoy the same custodial rights as established by the October 2, 2004 custody Order. u sep o Christina Thorn G • s 2t l ci JAN 15 2008 #?/ JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this day of January, 2008, having reviewed the attached stipulation and agreement between the parties it is hereby ORDERED and DECREED as follows: 1. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties hereby agree that Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect 0 1 J? unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation. 3. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody. a) Father agrees that it will be at Mother's sole discretion as to whether or not Keelan visits Father in prison. b) The parties acknowledge and agree that should Mother come to an untimely death while Father is incarcerated, Keelan's maternal grandfather, Raymond F. Beyers, shall take Mother's custodial place until such time as Father is 1) released from prison and 2) meets the conditions laid out in paragraph four (4) below. 4. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration, and; b) Father establishes a permanent residence within ten miles of the Town of Enola, Pennsylvania, and; C) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve, and; d) Father agrees to and attends at least two months of mental health counseling. 5. The parties agree that when Father has fulfilled the requirements listed in paragraph four (4) above he will be entitled to enjoy the same custodial rights as established by the December 2, 2004 custody Order. 6. The hearing scheduled for Tuesday, January 15, 2008 at 1:30 p.m. is cancelled. Distribution: MCNEES WALLACE & NURICK, LLC J. Paul Helvy, Esquire Attorney I.D. No. 53148 Audrey L. Buglione, Esquire Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) Attorneys for Defendant Joseph Thorn P.O. Box 522 Enola, PA 17025 Plaintiff, pro se 120P I 'F S M :7-t LC !/ le>108 JOSEPH A. THORN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLV"IA y- CIVIL ACTION-LAW = V. CUSTODY/VISITATION -- ? Cv CHRISTINA R. THORN E< z. Defendant NO. 2004-5228 PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff, Joseph A. Thorn and represents as follows: 1. Plaintiff, Joseph A. Thorn, is an adult individual currently residing at 596 Magaro Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Christina R. Thorn, is an adult individual currently residing at 125 Second Street, Enola, Cumberland County, Pennsylvania 17025. 3. The parties are parents of one minor child. Keelan R. Thorn born in 2001. The parties currently share custody of minor child. 4. The Plaintiff asserts that on March 30, 2012 Keelan Thorn came to him and requested a modification of custody in order that she may reside primarily with him. 5. The Plaintiff asserts that the Keelan is fearful of living in the same house as Christina Thorn and does not wish to return to the custody of the Defendant. 6. The Plaintiff asserts that the minor child, Keelan R. Thorn has become increasingly uncomfortable with her mothers apparent misuse of drugs and alcohol and her unstable state of mind. As described by Keelan as "being loopy". 7. The Plaintiff asserts the Defendants misuse of drugs and alcohol are reported back in this custody case to a Psychological evaluation done in 2005 when Dr. Shienvold of Riegler Shienvold Associates included in his report a recommendation that the Defendant continue the therapy she was already receiving by Dr. Ramirez of Holy Spirit Hospital for her addictions and unstable state of mind. 8. The Plaintiff asserts the events leading up to Keelans mistrust of the Defendants care include but are not limited to: being slapped in the face for asking the Defendant why she is always "loopy", Keelan states her mother is always sleeping and she can't wake her up so she is left to take care of herself. The defendant has put things in the oven and fell asleep leaving Keelan to panic about the black smoke in the house and remove food from the oven herself. Keelan states the mornings are always a fight because most mornings when she wakes up her mother is "loopy" already. Keelan is afraid to ride in a car with her mother when she feels she is "loopy". Keelan was very afraid at an airport with the Defendant. The Defendant was "loopy" and passed out leaving the minor child to fend for herself. 9. The Plaintiff asserts Keelan is tired of the Defendant arriving at all school and/or sport functions "loopy". Keelan states it embarrasses her. 10. The Plaintiff asserts there is a pending case involving the Defendants neighbor Michael House and the minor child. Keelan was molested by the neighbor a few months ago. Mr. House is ' C7 7 scheduled for a hearing in May 2012 where the District Justice has assured Keelan's parents he will be pleading guilty. Mr. House still resides across the street and Keelan does not feel safe being in the house by herself or with her mother when she is passed out. 11. The Plaintiff asserts the Defendant goes to extents to restrict contact between Keelan and the Plaintiff. 12. Plaintiff asserts that on approximately March 16, 2012 the Defendant totaled her car on her way to pick Keelan up for softball practice. 13. The Plaintiff asserts that he was asked to take Keelan to practice that evening. When he picked her up Keelan stated her mom was "loopy" when she arrived at the house after the accident. 14. The Plaintiff asserts that on March 30, 2012 the Defendants step mother told the Plaintiff that the Defendant was "flying high" before she drove that day and she was praying the Defendant would receive a DUI. 15. The Plaintiff asserts that on March 30, 2012 he received a phone call from the Holy Spirit Hospitals emergency room. The gentleman on the phone asked the Plaintiff to pick up the child because the Defendant was in the emergency room. 16. The Plaintiff asserts that after picking Keelan up and talking with her she became adamant about not going back to her mother's house. Keelan stated she was willing to tell anyone about the living circumstances at her mother's house and never wanted to go back there. 17. The Plaintiff asserts that at that point in time he had a few conversations with the Defendants father. These conversations led to the Defendants father admitting that he did not feel Keelan was treated well at the defendants house. The Defendants father went to her house upon release from the hospital to tell her Keelan would not be coming home and why. 18. The Plaintiff asserts it was determined by the Defendants father that she had experienced a breakdown along side the road on March 30, 2012. A driver behind the Defendant stopped and called 911 because the Defendant was unable to do so herself. 19. The Plaintiff asserts the Defendant told Keelan she could stay at her dad's house as long as she wanted to and that she was sorry. 20. The Plaintiff asserts he drew up papers to modify the current custody arrangement that would give primary physical custody of Keelan to the Plaintiff. It was understood the modification could be changed at anytime upon the Defendant receiving the help that she needed. (the papers are attached) 21. The Plaintiff asserts the Defendant refused to sign them. At that time the Defendant was saying Keelan could stay as long as she wanted and the Plaintiff felt the child had been through enough so the decision was made not to push court papers on anyone. 22. The Plaintiff asserts that on the night of March 30, 2012 he called childline because Keelan was very afraid to return to the Defendants home. 23. The Plaintiff asserts that on approximately a week later a social worker came to his home to follow up on the childline call. The social workers name is Amy Ford. At that point in time Keelan was very willing to talk to Amy Ford and express her fear and mistrust regarding her mother. 24. The Plaintiff asserts that he decided not to pursue the case with Children and Youth hoping that everything could be handled amicably. 25. The Plaintiff asserts that the Children and Youth case has been reopened as of May 9, 2012 by the Plaintiff in light of the most recent events in this case. 26. The Plaintiff asserts that on March 31, 2012 he took Keelan to the police station to see if there was an avenue that could be taken that would protect Keelan. Again Keelan was very willing to talk to the police officer about her fears and mistrust. 27. The Plaintiff asserts from March 30, 2012 weeks past with no contact between the Defendant and Keelan. 28. The Plaintiff asserts he nudged Keelan to make contact with her mother during that time period. Some phone calls did occur. 29. The Plaintiff asserts the phone calls led to visitation. Keelan states she is afraid to spend the night but did want to see her mom and rebuild their relationship. 30. The Plaintiff asserts Keelan does not trust that her mother will not be "loopy" while she is there. 31. The Plaintiff asserts the first night of visitation the Defendant insisted on driving Keelan back to the Plaintiff's house. Keelan conceded because she felt that her mother was okay to drive. Keelan came home very upset because she was told by the Defendant that if she did not do what the Defendant wanted her to do the Defendant would put the Plaintiff in jail. 32. The Plaintiff asserts it was agreed the visitation would continue as originally planned. Keelan agreed to spend Wednesday evenings, every other Friday evening and every Sunday all day with the Defendant. Keelan is still adamant about not spending nights. 33. The Plaintiff asserts that during the first week of visitation Keelan had a softball game. Keelan was reluctant to allow her mother to take her to the game because she did not trust her but agreed to give her a chance. 34. The Plaintiff asserts that on Wednesday May 2, 2012 the Defendant took Keelan to the softball game. The Defendant left soon after the game started and return approximately a half hour later at which time Keelan felt the Defendant was in a different state of mind then before she left. Keelan was upset with the Defendant and embarrassed and asked her to leave. 35. The Plaintiff asserts after the game Keelan was upset with her mother and said she didn't want to go to her mother's house that Sunday. 36. The Plaintiff asserts that Keelan went to the Defendants house on Thusday May 3, 2012 to pick up her sneakers that were left there the day before and personally spoke to the Defendant. During that conversation Keelan told the Defendant she didn't want to visit her on Sunday May 6, 2012 because she was upset about her actions at her softball game and did not trust that she would not be loopy during her visit. 37. The Plaintiff asserts this caused many hard feelings and confusion resulting in phone calls, texts and threats to the Plaintiff and Keelan. Keelan did not visit the Defendant on Sunday May 6, 2012. 38. The Plaintiff asserts the Defendant called Keelan and told her she didn't want to see her on Wednesday May 9, 2012 because it would only be for a couple hours. Keelan had tickets to go and see her step sister perform in a school musical so she wanted to come home early. 39. The Plaintiff asserts the Defendant called Keelan on Tuesday May 8, 2012 and told Keelan she would see her on Friday May 11, 2012 and that Keelan would be spending the entire weekend at her house. 40. The Plaintiff asserts Keelan told the Defendant that she did not want to sleep there. 41. The Plaintiff asserts Keelan then gave him the phone. The Defendant told him she would call the Sheriffs office and have Keelan drug out of the house. Keelan became very upset at the idea of spending the night at her mothers house. 42. The Plaintiff asserts upon recommendations from Children and Youth after hearing Keelans testimony he file a Petition for Emergency and Special Relief today May 10, 2012 with the Cumberland County Courthouse. 43. The Plaintiff asserts Keelan herself is very willing to speak to anyone that would be involved in this case herself. It is very hard for her to have to say "bad" things about her mother but she wants to do so if it will prevent her from having to go back to the defendants house and spend the night. 44. The bests interests and permanent welfare of the minor child in question will be served by granting Plaintiff primary physical custody. 45. There are no other persons who are known to have or claim a right to custody or visitation of the Child to be given notice of the pendency of this action or the right to intervene. WHEREFORE, Plaintiff respectfully requests that the Court grant him temporary primary physical custody for the foregoing reasons, and order a hearing on the matter as soon as judicially possible. Date:AA1 El o ,1Z Respectfully submitted, ( tlfvi5 NN Joseph A. Thorn JOSEPH A. THORN, Plaintiff V. CHRISTINA R. -HORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION -- LAW IN CUSTODY CUSTODY STIPULATION AND NOW, this day of _ 2012, the undersigned do hereby stipulate and agree to revise the Custody Order of January 10th, 2008 and hereby agree to the entry of a new Custody Order which supersedes any existing Custody Order and is consistent with the following: 1. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn ( hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Both parties agree that it would be in the best interest of Keelan at this time to award Primary Physical Custody to her Father. 3. Visitation: Both parties agree that Mother will be granted visitation rights when Keelan is comfortable spending time with Mother. 4. The non-custodial parent shall have liberal telephone/text/email contact with Keelan as her comfort level increases. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange Keelan from the other party, or injure the opinion of Keelan as to the other party, or may hamper the free and natural development of Keelan'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 Keelan. 6. In the event of a medical emergency, the custodial party shall notify the non-custodial parent: as soon as possible after the emergency is handled. 7. This order is entered pursuant on a mutual agreement between both parties. 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. WITNESS: Joseph A. Thorn Christina R. Thorn JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5228 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 17`h day of May, 2012, upon consideration of Plaintiffs Petition for Emergency Relief, a hearing is scheduled for Wednesday, May 30, 2012, at 3:00 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ?Joseph A. Thorn 596 Magaro Road Enola, PA 17025 Plaintiff, pro Se ? Christina Thorn 125 Second Street Enola, PA 17025 Defendant, pro Se Christyle . Peck, J. :rc e.._ ^ mat Lek se.. ?.Ft u? ^aC r 5117/ 3- - MCNEES WALLACE & NURICK LLC , By:Anthony M. Hoover x Attorney I.D. No. 307033 00 J 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 = .^ (717) 237-5477 = -- (717) 260-1701 (fax) ` ahoovera-mwn.com Attorneys for Defendant JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action after this complaint and notice are served, by entering written appearance personally or by attorneyand filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street G Carlisle, PA 17013 / (717) 249-3166 or (800) 990-9108 MCNEES WALLACE & NURICK LLC By: Anthony M. Hoover Attorney I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (fax) ahoover _mwn.com Attorneys for Defendant JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT, AND MODIFICATION OF JANUARY 17. 2008 CUSTODY ORDER 1. BACKGROUND FACTS 1. Petitioner is Christina R. Thorn, an adult individual who currently resides at 1125 Second Street, Enola, Cumberland County, Pennsylvania, 17025 ("Mother"). 2. Respondent is Joseph A. Thorn, an adult individual who currently resides at 596 Magaro Road, Enola, Cumberland County, Pennsylvania 17025 ("Father") 3. The parties are the parents of one minor child, Keelan Rae Thorn, born February 6, 2001 ("Child") 4. In anticipation of Father's incarceration, the parties reached a Custody Stipulation, entered as an order of Court on January 17, 2008. A true and accurate copy of the January 17, 2008 Order of Court is attached hereto as Exhibit "A." 5. Pursuant to the 2008 Order, Mother and Father shared legal custody, and until Father began his period of incarceration, the parties shared physical custody. Upon Father's incarceration, Mother received sole physical custody of the child. Pursuant to the Order, upon his release, Father would be entitled to custodial rights only if he met certain conditions, including, but not limited to, establishing a permanent residence, being able to provide a bedroom for the parties' minor child, and attending at least two months of counseling. 6. In 2007 Father was charged with felony illegal possession of a firearm, recklessly endangering another person, disorderly conduct, harassment/subject other to physical contact, and disorderly conduct/hazardous physical offense. 7. On November 4, 2008, Father pled guilty to felony illegal possession of a firearm, and received a minimum sentence of eleven months and fifteen days, and a maximum sentence of twenty-three months. 8. After Father's release, Mother began to phase in a partial physical custody schedule for Father. At first, Father exercised visitation for a few hours per visit, and gradually increased his partial physical custody to alternating weekends from Friday until Sunday with a mid-week visit every Wednesday. 2 9. From Father's release from incarceration, until March 30, 2012, Father's exercise of physical custody has never exceeded alternating weekends, with a mid- week visit. 10. On March 30, 2012, Mother was taken to the emergency room for a period of five hours was treated for dehydration and anxiety. This was the first event of this kind and no event like this has occurred since March 30, 2012. 11. Mother contacted Father and asked if Father would look after the child, while she was in the hospital. 12. When Mother was released from the emergency room approximately five hours later, Father refused to return physical custody of the parties' minor child to Mother. 13. Mother pleaded with Father to return the Child, but Father refused. 14. Mother contacted police and the sheriffs office, but was unable to secure the return of the minor Child to her care. 15. Since March 30, 2012, Mother has had minimal contact with the child, limited to text messages, infrequent phones calls, and three brief visits. Father has refused to allow Mother to exercise custody consistent with the status quo in effect since Father's incarceration. 16. In an effort to spare the parties' 11 year old Child from experiencing a potentially traumatic event, Mother has avoided self-help remedies to return the Child. 3 17. As Father has unilaterally assumed custody of the minor Child and has refused to return custody of the Child to Mother, Mother has filed a Petition for Emergency Relief contemporaneously herewith, and incorporated herein and attached hereto as Exhibit "B." II. COUNT ONE - PETITION FOR CONTEMPT IN VIOLATION OF JANUARY 17, 2008 ORDER OF COURT 18. Mother incorporates herein by reference paragraphs 1-17 of this Petition, as if set forth herein at length. 19. The January 17, 2008 Order of Court addresses physical custody as follows: 112. Physical Custody: The parties hereby agree that Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation." 113. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody." 114. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration; b) Father establishes a permanent residence within ten miles of 4 the Town of Enola, Pennsylvania; c) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve; and d) Father agrees to and attends at least two months of mental health counseling." 20. Since Father's release, Father has failed to provide Mother with any documentation evidencing the completion of his requirements to exercise custody of the child; 21. Since Father's release, Father periods of physical custody have been limited to alternating weekends with a mid-week visits. 22. As of March 30, 2012, Father took physical custody of the child, and has refused to return the parties' Child to Mother. 23. Without Court intervention, Father will continue to withhold custody of the child from Mother, in violation of the January 17, 2008 Order of Court. 24. Pursuant to the January 17, 2008 Order of Court, the following language was included with respect to legal custody: "1. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent." 5 25. Since March 30, 2012, Mother has learned that the child has received report cards, participated in significant school events (musical concerts), and sporting events, all of which Father had received notice and failed to provide this notice to Mother. 26. Father is in further violation of the January 17, 2008 Order by failing to comply with the legal custody requirements therein. 27. Father's actions, and/or lack thereof, are a willful and intentional violation of the January 17, 2008 Order of Court, and Mother believes, barring Court intervention, Father will continue to violate the Order. 28. Mother has incurred expenses associated with the preparation Petition for Contempt, and anticipates incurring additional expenses associated with Father's continued violation of the January 17, 2008 Order of Court. WHEREFORE, Mother, respectfully requests this Honorable Court: A. Find Father in contempt of the January 17, 2008 Order of Court for withholding physical custody of the parties' minor child from Mother, and failing to comply with the shared legal custody requirement; B. Modify the January 17, 2008 Custody order by allowing the parties to share legal custody, and granting Mother primary physical custody subject to Father's periods of partial physical custody on alternating weekends from Friday after school until Sunday at 6 p.m. with a mid-week visit on Wednesdays. 6 C. Enter an Order requiring Father to reimburse Mother for all reasonable attorney's fees and costs incurred in the investigation, preparation, and presentation of this Petition for Contempt. III. COUNT TWO - PETITION FOR MODIFICATION OF JANUARY 17. 2008 ORDER OF COURT 29. Mother incorporates herein by reference paragraphs 1-28 of this Petition, as if set forth herein at length. 30. Mother believes and therefore avers that it is in the best interest of the child that a modified custody schedule be entered consistent with the status quo prior to Father withholding custody of the child from Mother, as follows: A. The parties share legal custody; B. Mother shall have primary physical custody, subject to Father's right to partial physical custody on alternating weekends, from Friday after school until Sunday at 6 p.m., and a visit on Wednesdays after school until 8 p.m. 31. The January 17, 2008 Order of Court should be modified for the reasons stated in Count I herein and Mother's Petition for Emergency Relief (attached hereto as Exhibit "B"), but also include, but are not limited to, the following: A. Father has pled guilty to aggravated assault by vehicle while driving under the influence, which is an enumerated offense under Section 5329(a) of the Custody Act. B. Due to Father's guilty plea, this Court is required to conduct an 7 evaluation to determine whether Father poses a threat of harm to the child prior to entering an Order granting Father any right of custody. C. In addition to Father committing an enumerated offense, Father's criminal record identifies other criminal acts which question Father's ability to exercise significant periods of physical custody, which include, but are not limited to, the following: Guilty plea for felony possession of a fire arm and guilty plea to felony conspiracy to violate odometer requirements. D. Since March 30, 2012, Father has had limited contact with Mother and has refused to answer nearly all of Mother's phone calls or text messages. Mother has been unable to confirm whether the Child is being properly cared for while in Father's custody. E. Mother has been the child's caretaker since birth, and since Father's release from incarceration, Father has been limited to partial physical custody on alternating weekends with a mid-week visit. F. Mother is the parent who is more likely to encourage and permit frequent and continuing contact between the child and the other party for reasons that include, but are not limited to: Since March 30, 2012, Father has refused to relinquish physical custody of the parties' minor child; ii. While Father was incarcerated, Mother made efforts to maintain a relationship between the child and Father; iii. When Father was recently released from incarceration, and s was unable to establish a residence, Mother ensured that Father at least exercised visitation of the parties' minor child. G. Mother believes and therefore avers that Father has attempted to turn the parties' minor child against Mother. WHEREFORE, Mother respectfully requests this Honorable Court, following a hearing or custody conciliation conference in this matter, enter an Order allowing the parties to share legal custody, and granting Mother primary physical custody subject to Father's periods of partial physical custody on alternating weekends from Friday after school until Sunday at 6 p.m. with a mid-week visit on Wednesdays. Respectfully submitted, McNEES WALLACE & NURICK LLC By 44LIM Anthony M. Hoover I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (facsimile) ahoover@mwn.com Attorneys for Defendant, Christina R. Thorn Dated: .51 1 <z I (2 9 ?? /? JAN 1 5 2 0 0 8 JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of January, 2008, having reviewed the attached stipulation and agreement between the parties it is hereby ORDERED and DECREED as follows: 1. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties hereby agree that Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation. 3. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody. a) Father agrees that it will be at Mother's sole discretion as to whether or not Keelan visits Father in prison. b) The parties acknowledge and agree that should Mother come to an untimely death while Father is incarcerated, Keelan's maternal grandfather, Raymond F. Beyers, shall take Mother's custodial place until such time as Father is 1) released from prison and 2) meets the conditions laid out in paragraph four (4) below. 4. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration, and; b) Father establishes a permanent residence within ten miles of the Town of Enola, Pennsylvania, and; c) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve, and; d) Father agrees to and attends at least two months of mental health counseling. 5. The parties agree that when Father has fulfilled the requirements listed in paragraph four (4) above he will be entitled to enjoy the same custodial rights as established by the December 2, 2004 custody Order. 6. The hearing scheduled for Tuesday, January 15, 2008 at 1:30 p.m. is cancelled. Distribution: MCNEES WALLACE & NURICK, LLC J. Paul Helvy, Esquire Attorney I.D. No. 53148 Audrey L. Buglione, Esquire Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) Attorneys for Defendant Joseph Thorn P.O. Box 522 Enola, PA 17025 Plaintiff, pro se . Ef'?r t !. .. is K i E; :y flee Pa JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 D CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY STIPULATION ?S+ 1 AND NOW, this day of 101,kCtr\_l , 2008, the undersigned do hereby stipulate and agree to revise the Custody Order of December 2, 2004 and hereby agree to the entry of a new Custody Order which supersedes any existing Custody Order and is consistent with the following: 1. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. 'To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties hereby agree that Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation. 3. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody. a) Father agrees that it will be at Mother's sole discretion as to whether or not Keelan visits Father in prison. b) The parties acknowledge and agree that should Mother come to an untimely death while Father is incarcerated, Keelan's maternal grandfather, Raymond F. Beyers, shall take Mother's custodial place until such time as Father is 1) released from prison and 2) meets the conditions laid out in paragraph four (4) below. 4. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration, and; b) Father establishes a permanent residence within ten miles of the Town of Enola, Pennsylvania, and; C) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve, and; d) Father agrees to and attends at least two months of mental health counseling. 5. The parties agree that when Father has fulfilled the requirements listed in paragraph four (4) above he will be entitled to enjoy the same custodial rights as established by the October 2, 2004 custody Order. j osep o Christina Thorn J-x JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this day of , 2012, it is HEREBY ORDERED that a hearing on Defendant's Petition for Emergency Relief will be conducted on 2012, beginning at A.M./P.M. in Courtroom # of the Cumberland County Courthouse, 1 Courthouse Sq., Carlisle, PA, 17013 J. Distribution: Anthony Hoover, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108-1166, (717) 237-5477 (phone), (717) 260-1701 (fax), ahoover(cD,mwn.com Joseph A. Thorn, 596 Magaro Road, Enola, Pennsylvania 17025 JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY ORDER AND NOW this day of , 2012, upon consideration of Defendant's Petition For Emergency Relief is hereby ordered that Plaintiff shall immediately return the parties' minor child to Defendant pending a hearing in this matter, or until the parities attend a conciliation conference in this matter. BY THE COURT: Date Distribution: Anthony Hoover, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108-1166, (717) 237-5477 (phone), (717) 260-1701 (fax), ahoover(a-mwn.com J. Joseph A. Thorn, 596 Magaro Road, Enola, Pennsylvania 17025 MCNEES WALLACE & NURICK LLC By: Anthony M. Hoover Attorney I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (fax) ahoover _mwn.com Attorneys for Defendant JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. BACKGROUND FACTS 1. Petitioner is Christina R. Thorn, an adult individual who currently resides at 1125 Second Street, Enola, Cumberland County, Pennsylvania, 17025 ("Mother") 2. Respondent is Joseph A. Thorn, an adult individual who currently resides at 596 Magaro Road, Enola, Cumberland County, Pennsylvania 17025 ("Father"). 3. The parties are the parents of one minor child, Keelan Rae Thorn, born February 6, 2001 ("Child") 4. In anticipation of Father's incarceration, the parties reached a Custody Stipulation, entered as an order of Court on January 17, 2008. A true and accurate copy of the January 17, 2008 Order of Court is attached hereto as Exhibit "A." 5. Pursuant to the 2008 Order, Mother and Father shared legal custody, and until Father began his period of incarceration, the parties shared physical custody. Upon Father's incarceration, Mother received sole physical custody of the child. Pursuant to the Order, upon his release, Father would be entitled to custodial rights only if he met certain conditions, including, but not limited to, establishing a permanent residence, being able to provide a bedroom for the parties' minor child, and attending at least two months of counseling. 6. In 2007 Father was charged with felony illegal possession of a firearm, recklessly endangering another person, disorderly conduct, harassment/subject other to physical contact, and disorderly conduct/hazardous physical offense. 7. On November 4, 2008, Father pled guilty to felony illegal possession of a firearm, and received a minimum sentence of eleven months and fifteen days, and a maximum sentence of twenty-three months. 8. After Father's release, Mother began to phase in a partial physical custody schedule for Father. At first, Father exercised visitation for a few hours per visit, and gradually increased his partial physical custody to alternating weekends from Friday until Sunday with a mid-week visit every Wednesday. 2 9. From Father's release from incarceration, until March 30, 2012, Father's exercise of physical custody has never exceeded alternating weekends, with a mid- week visit. 10. On March 30, 2012, Mother was taken to the emergency room for a period of five hours was treated for dehydration and anxiety. This was the first event of this kind and no event like this has occurred since March 30, 2012. 11. Mother contacted Father and asked if Father would look after the child, while she was in the hospital. 12. When Mother was released from the emergency room approximately five hours later, Father refused to return physical custody of the parties' minor child to Mother. 13. Mother pleaded with Father to return the Child, but Father refused. 14. Mother contacted police and the sheriffs office, but was unable to secure the return of the minor Child to her care. 15. Since March 30, 2012, Mother has had minimal contact with the child, limited to text messages, infrequent phones calls, and three brief visits. Father has refused to allow Mother to exercise custody consistent with the status quo in effect since Father's incarceration. 16. In an effort to spare the parties' 11 year old Child from experiencing a potentially traumatic event, Mother has avoided self-help remedies to return the Child. 3 II. COUNT ONE - PETITION FOR EMERGENCY RELIEF 17. Mother incorporates herein by reference paragraphs 1-16 of this Petition, as if set forth herein at length. 18. Pursuant to the January 17th, 2008 Order of Court, the parties were to share physical custody of the parties minor child until Father's incarceration, and after incarceration, Father was only entitled to physical custody of the child upon his completion of the listed requirements. 19. By informal agreement of the parties, after Father's release from incarceration until March 30, 2012, Father was exercising, at a maximum, alternating weekends from Friday to Sunday with a mid-week visit. 20. In violation of the January 17, 2008 Order, and in violation of the parties' informal agreement, Father unilaterally assumed physical custody of the parties' minor child and has refused to allow Mother to exercise the periods of physical custody as established by the 2008 Order and the informal arrangement of the parties. 21. In addition to violating the physical custody requirements of the 2008 Order, Father has (1) violated the legal custody requirements by refusing to share information and communicate with Mother, and (2) has failed to provide any evidence that he completed the steps required for Father to exercise physical custody upon his release from incarceration. The details of Father's contempt are set forth in detail in Mother's Petition for Contempt and Modification, filed contemporaneously herewith, and attached hereto as Exhibit "B." 22. Once this Honorable Court has the opportunity to address the Emergency 4 Relief requested herein, Mother believes and avers that it is in the best interest of the Child to grant Mother primary physical custody consistent with the status quo, in effect prior to March 30, 2012. The details of Mother's request to confirm her as the primary physical custodian are set forth in detail in Mother's Petition for Contempt and Modification, filed contemporaneously herewith, and attached hereto as Exhibit "B." 23. Mother believes and therefore avers, that without an immediate Order of Court directing Father to return physical custody of the child to Mother, Father will continue to violate the January 17, 2008 Order of Court, by withholding custody of the parties' minor child from Mother, and violating the legal custody requirements and the mandatory steps Father was to complete upon his release from incarceration. WHEREFORE, Mother respectfully requests this Honorable Court to enter an ex- parte emergency order directing Father to return physical custody of the parties' minor child to Mother pending a custody conciliation conference or a hearing in this matter. Respectfully submitted, McNEES WALLACE & NURICK LLC By AvDTAJO. 4r"' Antho y M. Hoover I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (facsimile) ahoover@mwn.com Attorneys for Defendant, Christina R. Thorn Dated: (5I r R 112- 5 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: S f ( <6- 112- Christina . Thorn CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served via certified mail, return receipt requested to: Joseph A. Thorn 596 Magaro Road Enola, Pennsylvania 17025 Amanda Felty, Legal Dated: 5 l S? I Z 1 h VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: (l lit Christina R. Thorn CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served via certified mail, return receipt requested to: Joseph A. Thorn 596 Magaro Road Enola, Pennsylvania 17025 G- Amanda Felty, Legal Se reta Dated: 5 l iz I ? -a- 73 C= e 7 ;i rr, :ZI ul- 'p r^ MCNEES WALLACE & NURICK LLC ",- By: Anthony M. Hoover "r Attorney I.D. No. 307033 _ 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (fax) ahoover a-mwn.com Attorneys for Defendant JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. BACKGROUND FACTS 1. Petitioner is Christina R. Thorn, an adult individual who currently resides at 1125 Second Street, Enola, Cumberland County, Pennsylvania, 17025 ("Mother"). 2. Respondent is Joseph A. Thorn, an adult individual who currently resides at 596 Magaro Road, Enola, Cumberland County, Pennsylvania 17025 ("Father") oo ?, d a?lr X? ?, 7sysY 3. The parties are the parents of one minor child, Keelan Rae Thorn, born February 6, 2001 ("Child") 4. In anticipation of Father's incarceration, the parties reached a Custody Stipulation, entered as an order of Court on January 17, 2008. A true and accurate copy of the January 17, 2008 Order of Court is attached hereto as Exhibit "A." 5. Pursuant to the 2008 Order, Mother and Father shared legal custody, and until Father began his period of incarceration, the parties shared physical custody. Upon Father's incarceration, Mother received sole physical custody of the child. Pursuant to the Order, upon his release, Father would be entitled to custodial rights only if he met certain conditions, including, but not limited to, establishing a permanent residence, being able to provide a bedroom for the parties' minor child, and attending at least two months of counseling. 6. In 2007 Father was charged with felony illegal possession of a firearm, recklessly endangering another person, disorderly conduct, harassment/subject other to physical contact, and disorderly conduct/hazardous physical offense. 7. On November 4, 2008, Father pled guilty to felony illegal possession of a firearm, and received a minimum sentence of eleven months and fifteen days, and a maximum sentence of twenty-three months. 8. After Father's release, Mother began to phase in a partial physical custody schedule for Father. At first, Father exercised visitation for a few hours per visit, and gradually increased his partial physical custody to alternating weekends from Friday until Sunday with a mid-week visit every Wednesday. 2 9. From Father's release from incarceration, until March 30, 2012, Father's exercise of physical custody has never exceeded alternating weekends, with a mid- week visit. 10. On March 30, 2012, Mother was taken to the emergency room for a period of five hours was treated for dehydration and anxiety. This was the first event of this kind and no event like this has occurred since March 30, 2012. 11. Mother contacted Father and asked if Father would look after the child, while she was in the hospital. 12. When Mother was released from the emergency room approximately five hours later, Father refused to return physical custody of the parties' minor child to Mother. 13. Mother pleaded with Father to return the Child, but Father refused. 14. Mother contacted police and the sheriffs office, but was unable to secure the return of the minor Child to her care. 15. Since March 30, 2012, Mother has had minimal contact with the child, limited to text messages, infrequent phones calls, and three brief visits. Father has refused to allow Mother to exercise custody consistent with the status quo in effect since Father's incarceration. 16. In an effort to spare the parties' 11 year old Child from experiencing a potentially traumatic event, Mother has avoided self-help remedies to return the Child. 3 II. COUNT ONE - PETITION FOR EMERGENCY RELIEF 17. Mother incorporates herein by reference paragraphs 1-16 of this Petition, as if set forth herein at length. 18. Pursuant to the January 17th, 2008 Order of Court, the parties were to share physical custody of the parties minor child until Father's incarceration, and after incarceration, Father was only entitled to physical custody of the child upon his completion of the listed requirements. 19. By informal agreement of the parties, after Father's release from incarceration until March 30, 2012, Father was exercising, at a maximum, alternating weekends from Friday to Sunday with a mid-week visit. 20. In violation of the January 17, 2008 Order, and in violation of the parties' informal agreement, Father unilaterally assumed physical custody of the parties' minor child and has refused to allow Mother to exercise the periods of physical custody as established by the 2008 Order and the informal arrangement of the parties. 21. In addition to violating the physical custody requirements of the 2008 Order, Father has (1) violated the legal custody requirements by refusing to share information and communicate with Mother, and (2) has failed to provide any evidence that he completed the steps required for Father to exercise physical custody upon his release from incarceration. The details of Father's contempt are set forth in detail in Mother's Petition for Contempt and Modification, filed contemporaneously herewith, and attached hereto as Exhibit "B." 22. Once this Honorable Court has the opportunity to address the Emergency 4 Relief requested herein, Mother believes and avers that it is in the best interest of the Child to grant Mother primary physical custody consistent with the status quo, in effect prior to March 30, 2012. The details of Mother's request to confirm her as the primary physical custodian are set forth in detail in Mother's Petition for Contempt and Modification, filed contemporaneously herewith, and attached hereto as Exhibit "B." 23. Mother believes and therefore avers, that without an immediate Order of Court directing Father to return physical custody of the child to Mother, Father will continue to violate the January 17, 2008 Order of Court, by withholding custody of the parties' minor child from Mother, and violating the legal custody requirements and the mandatory steps Father was to complete upon his release from incarceration. WHEREFORE, Mother respectfully requests this Honorable Court to enter an ex- parte emergency order directing Father to return physical custody of the parties' minor child to Mother pending a custody conciliation conference or a hearing in this matter. Respectfully submitted, McNEES WALLACE & NURICK LLC By , 4 - 4.n Antho y M. Hoover I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (facsimile) ahoover@mwn.com Attorneys for Defendant, Christina R. Thorn Dated: I I Z 5 ?' ?? ?kN 1 15 JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this - day of January, 2008, having reviewed the attached stipulation and agreement between the parties it is hereby ORDERED and DECREED as follows: 1. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February G, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties hereby agree that Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation. 3. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody. a) Father agrees that it will be at Mother's sole discretion as to whether or not Keelan visits Father in prison. b) The parties acknowledge and agree that should Mother come to an untimely death while Father is incarcerated, Keelan's maternal grandfather, Raymond F. Beyers, shall take Mother's custodial place until such time as Father is 1) released from prison and 2) meets the conditions laid out in paragraph four (4) below. 4. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration, and; b) Father establishes a permanent residence within ten miles of the Town of Enola, Pennsylvania, and; c) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve, and; d) Father agrees to and attends at least two months of mental health counseling. 5. The parties agree that when Father has fulfilled the requirements listed in paragraph four (4) above he will be entitled to enjoy the same custodial rights as established by the December 2, 2004 custody Order. 6. The hearing scheduled for Tuesday, January 15, 2008 at 1!30 p.m. is cancelled. Distribution: MCNEES WALLACE & NURICK, LLC J. Paul Helvy, Esquire Attorney I.D. No. 53148 Audrey L. Buglione, Esquire Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) Attorneys for Defendant Joseph Thorn P.O. Box 522 Enola, PA 17025 Plaintiff, pro se b l,ou3_t Pa CL JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY STIPULATION ?s+ AND NOW, this day of Q n IACL 2008, the undersigned do hereby stipulate and agree to revise the Custody Order of December 2, 2004 and hereby agree to the entry of a new Custody Order which supersedes any existing Custody Order and is consistent with the following: Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties hereby agree that Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation. 3. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody. a) Father agrees that it will be at Mother's sole discretion as to whether or not Keelan visits Father in prison. b) The parties acknowledge and agree that should Mother come to an untimely death while Father is incarcerated, Keelan's maternal grandfather, Raymond F. Beyers, shall take Mother's custodial place until such time as Father is 1) released from prison and 2) meets the conditions laid out in paragraph four (4) below. 4. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration, and; b) Father establishes a permanent residence within ten miles of the Town of Enola, Pennsylvania, and; C) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve, and; d) Father agrees to and attends at least two months of mental health counseling. 5, The parties agree that when Father has fulfilled the requirements listed in paragraph four (4) above he will be entitled to enjoy the same custodial rights as established by the October 2, 2004 custody Order. r i Isep O hristina Thorn Y. __ _ .. .,..... G:c. :.?4 P JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN CUSTODY ORDER You, Joseph A. Thorn, Plaintiff, have been sued in court to obtain custody of Keelan Rae Thorn. You are ordered to appear in person at _ at , _M. for a conciliation conference. on If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT: Date Distribution: Anthony Hoover, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108-1166, (717) 237-5477 (phone), (717) 260-1701 (fax), ahoover(cD-mwn.com J. Joseph A. Thorn, 596 Magaro Road, Enola, Pennsylvania 17025 MCNEES WALLACE & NURICK LLC By:Anthony M. Hoover Attorney I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (fax) ahoover -mwn.com Attorneys for Defendant JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action after this complaint and notice are served, by entering written appearance personally or by attorneyand filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 MCNEES WALLACE & NURICK LLC By: Anthony M. Hoover Attorney I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (fax) ahoover _,mwn.com Attorneys for Defendant JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT, AND MODIFICATION OF JANUARY 17, 2008 CUSTODY ORDER 1. BACKGROUND FACTS 1. Petitioner is Christina R. Thorn, an adult individual who currently resides at 1125 Second Street, Enola, Cumberland County, Pennsylvania, 17025 ("Mother"). 2. Respondent is Joseph A. Thorn, an adult individual who currently resides at 596 Magaro Road, Enola, Cumberland County, Pennsylvania 17025 ("Father") 3. The parties are the parents of one minor child, Keelan Rae Thorn, born February 6, 2001 ("Child"). 4. In anticipation of Father's incarceration, the parties reached a Custody Stipulation, entered as an order of Court on January 17, 2008. A true and accurate copy of the January 17, 2008 Order of Court is attached hereto as Exhibit "A." 5. Pursuant to the 2008 Order, Mother and Father shared legal custody, and until Father began his period of incarceration, the parties shared physical custody. Upon Father's incarceration, Mother received sole physical custody of the child. Pursuant to the Order, upon his release, Father would be entitled to custodial rights only if he met certain conditions, including, but not limited to, establishing a permanent residence, being able to provide a bedroom for the parties' minor child, and attending at least two months of counseling. 6. In 2007 Father was charged with felony illegal possession of a firearm, recklessly endangering another person, disorderly conduct, harassment/subject other to physical contact, and disorderly conduct/hazardous physical offense. 7. On November 4, 2008, Father pled guilty to felony illegal possession of a firearm, and received a minimum sentence of eleven months and fifteen days, and a maximum sentence of twenty-three months. 8. After Father's release, Mother began to phase in a partial physical custody schedule for Father. At first, Father exercised visitation for a few hours per visit, and gradually increased his partial physical custody to alternating weekends from Friday until Sunday with a mid-week visit every Wednesday. 2 9. From Father's release from incarceration, until March 30, 2012, Father's exercise of physical custody has never exceeded alternating weekends, with a mid- week visit. 10. On March 30, 2012, Mother was taken to the emergency room for a period of five hours was treated for dehydration and anxiety. This was the first event of this kind and no event like this has occurred since March 30, 2012. 11. Mother contacted Father and asked if Father would look after the child, while she was in the hospital. 12. When Mother was released from the emergency room approximately five hours later, Father refused to return physical custody of the parties' minor child to Mother. 13. Mother pleaded with Father to return the Child, but Father refused. 14. Mother contacted police and the sheriffs office, but was unable to secure the return of the minor Child to her care. 15. Since March 30, 2012, Mother has had minimal contact with the child, limited to text messages, infrequent phones calls, and three brief visits. Father has refused to allow Mother to exercise custody consistent with the status quo in effect since Father's incarceration. 16. In an effort to spare the parties' 11 year old Child from experiencing a potentially traumatic event, Mother has avoided self-help remedies to return the Child. 3 17. As Father has unilaterally assumed custody of the minor Child and has refused to return custody of the Child to Mother, Mother has filed a Petition for Emergency Relief contemporaneously herewith, and incorporated herein and attached hereto as Exhibit "B." II. COUNT ONE - PETITION FOR CONTEMPT IN VIOLATION OF JANUARY 17. 2008 ORDER OF COURT 18. Mother incorporates herein by reference paragraphs 1-17 of this Petition, as if set forth herein at length. 19. The January 17, 2008 Order of Court addresses physical custody as follows: 112. Physical Custody: The parties hereby agree that Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation." 113. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody." 114. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration; b) Father establishes a permanent residence within ten miles of 4 the Town of Enola, Pennsylvania; c) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve; and d) Father agrees to and attends at least two months of mental health counseling." 20. Since Father's release, Father has failed to provide Mother with any documentation evidencing the completion of his requirements to exercise custody of the child; 21. Since Father's release, Father periods of physical custody have been limited to alternating weekends with a mid-week visits. 22. As of March 30, 2012, Father took physical custody of the child, and has refused to return the parties' Child to Mother. 23. Without Court intervention, Father will continue to withhold custody of the child from Mother, in violation of the January 17, 2008 Order of Court. 24. Pursuant to the January 17, 2008 Order of Court, the following language was included with respect to legal custody: Ill. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent." 5 25. Since March 30, 2012, Mother has learned that the child has received report cards, participated in significant school events (musical concerts), and sporting events, all of which Father had received notice and failed to provide this notice to Mother. 26. Father is in further violation of the January 17, 2008 Order by failing to comply with the legal custody requirements therein. 27. Father's actions, and/or lack thereof, are a willful and intentional violation of the January 17, 2008 Order of Court, and Mother believes, barring Court intervention, Father will continue to violate the Order. 28. Mother has incurred expenses associated with the preparation Petition for Contempt, and anticipates incurring additional expenses associated with Father's continued violation of the January 17, 2008 Order of Court. WHEREFORE, Mother, respectfully requests this Honorable Court: A. Find Father in contempt of the January 17, 2008 Order of Court for withholding physical custody of the parties' minor child from Mother, and failing to comply with the shared legal custody requirement; B. Modify the January 17, 2008 Custody order by allowing the parties to share legal custody, and granting Mother primary physical custody subject to Father's periods of partial physical custody on alternating weekends from Friday after school until Sunday at 6 p.m. with a mid-week visit on Wednesdays. 6 C. Enter an Order requiring Father to reimburse Mother for all reasonable attorney's fees and costs incurred in the investigation, preparation, and presentation of this Petition for Contempt. III. COUNT TWO - PETITION FOR MODIFICATION OF JANUARY 17, 2008 ORDER OF COURT 29. Mother incorporates herein by reference paragraphs 1-28 of this Petition, as if set forth herein at length. 30. Mother believes and therefore avers that it is in the best interest of the child that a modified custody schedule be entered consistent with the status quo prior to Father withholding custody of the child from Mother, as follows: A. The parties share legal custody; B. Mother shall have primary physical custody, subject to Father's right to partial physical custody on alternating weekends, from Friday after school until Sunday at 6 p.m., and a visit on Wednesdays after school until 8 p.m. 31. The January 17, 2008 Order of Court should be modified for the reasons stated in Count I herein and Mother's Petition for Emergency Relief (attached hereto as Exhibit "B"), but also include, but are not limited to, the following: A. Father has pled guilty to aggravated assault by vehicle while driving under the influence, which is an enumerated offense under Section 5329(a) of the Custody Act. B. Due to Father's guilty plea, this Court is required to conduct an 7 evaluation to determine whether Father poses a threat of harm to the child prior to entering an Order granting Father any right of custody. C. In addition to Father committing an enumerated offense, Father's criminal record identifies other criminal acts which question Father's ability to exercise significant periods of physical custody, which include, but are not limited to, the following: Guilty plea for felony possession of a fire arm and guilty plea to felony conspiracy to violate odometer requirements. D. Since March 30, 2012, Father has had limited contact with Mother and has refused to answer nearly all of Mother's phone calls or text messages. Mother has been unable to confirm whether the Child is being properly cared for while in Father's custody. E. Mother has been the child's caretaker since birth, and since Father's release from incarceration, Father has been limited to partial physical custody on alternating weekends with a mid-week visit. F. Mother is the parent who is more likely to encourage and permit frequent and continuing contact between the child and the other party for reasons that include, but are not limited to: Since March 30, 2012, Father has refused to relinquish physical custody of the parties' minor child; ii. While Father was incarcerated, Mother made efforts to maintain a relationship between the child and Father; iii. When Father was recently released from incarceration, and s was unable to establish a residence, Mother ensured that Father at least exercised visitation of the parties' minor child. G. Mother believes and therefore avers that Father has attempted to turn the parties' minor child against Mother. WHEREFORE, Mother respectfully requests this Honorable Court, following a hearing or custody conciliation conference in this matter, enter an Order allowing the parties to share legal custody, and granting Mother primary physical custody subject to Father's periods of partial physical custody on alternating weekends from Friday after school until Sunday at 6 p.m. with a mid-week visit on Wednesdays. Respectfully submitted, McNEES WALLACE & NURICK LLC Anthony M. Hoover I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (facsimile) ahoover@mwn.com Attorneys for Defendant, Christina R. Thorn Dated: 5I ? ? I ?2 9 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. C-fz?'?k ?? --- - Dated: Christina R. Thorn CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served via certified mail, return receipt requested to: Joseph A. Thorn 596 Magaro Road Enola, Pennsylvania 17025 i AA Felty, Legal Se reta Dated: 5 L lz f ? 'a- 1 ti VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: S I I c6- 1 12- ? tl-?- Christina . ft"Thorn CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served via certified mail, return receipt requested to: Joseph A. Thorn 596 Magaro Road Enola, Pennsylvania 17025 Aman a Felty, Legal Sec e Dated: 5 l ?a 1 JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5228 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 21S` day of May, 2012, upon consideration of Defendant's Petition for Emergency Relief, this matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. BY THE COURT, ? Joseph A. Thorn 596 Magaro Road Enola, PA 17025 Plaintiff, pro Se Anthony Hoover, Esq. 100 Pine Street P.O. box 1166 Harrisburg, PA 17 108-1166 Attorney for Defendant Court Administrator _ A,16f)e4', Christylee L. Peck, J. cr rc (1'r, .J _ ?. MCNEES WALLACE & NURICK LLC i? By: Anthony M. Hoover Attorney I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (fax) ahooverCa)-mwn.com Attorneys for Defendant JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. BACKGROUND FACTS 1. Petitioner is Christina R. Thorn, an adult individual who currently resides at 1125 Second Street, Enola, Cumberland County, Pennsylvania, 17025 ("Mother") 2. Respondent is Joseph A. Thorn, an adult individual who currently resides at 596 Magaro Road, Enola, Cumberland County, Pennsylvania 17025 ("Father"). 3. The parties are the parents of one minor child, Keelan Rae Thorn, born February 6, 2001 ("Child") 4. In anticipation of Father's incarceration, the parties reached a Custody Stipulation, entered as an order of Court on January 17, 2008. A true and accurate copy of the January 17, 2008 Order of Court is attached hereto as Exhibit "A." 5. Pursuant to the 2008 Order, Mother and Father shared legal custody, and until Father began his period of incarceration, the parties shared physical custody. Upon Father's incarceration, Mother received sole physical custody of the child. Pursuant to the Order, upon his release, Father would be entitled to custodial rights only if he met certain conditions, including, but not limited to, establishing a permanent residence, being able to provide a bedroom for the parties' minor child, and attending at least two months of counseling. 6. In 2007 Father was charged with felony illegal possession of a firearm, recklessly endangering another person, disorderly conduct, harassment/subject other to physical contact, and disorderly conduct/hazardous physical offense. 7. On November 4, 2008, Father pled guilty to felony illegal possession of a firearm, and received a minimum sentence of eleven months and fifteen days, and a maximum sentence of twenty-three months. 8. After Father's release, Mother began to phase in a partial physical custody schedule for Father. At first, Father exercised visitation for a few hours per visit, and gradually increased his partial physical custody to alternating weekends from Friday until Sunday with a mid-week visit every Wednesday. 2 9. From Father's release from incarceration, until March 30, 2012, Father's exercise of physical custody has never exceeded alternating weekends, with a mid- week visit. 10. On March 30, 2012, Mother was taken to the emergency room for a period of five hours was treated for dehydration and anxiety. This was the first event of this kind and no event like this has occurred since March 30, 2012. 11. Mother contacted Father and asked if Father would look after the child, while she was in the hospital. 12. When Mother was released from the emergency room approximately five hours later, Father refused to return physical custody of the parties' minor child to Mother. 13. Mother pleaded with Father to return the Child, but Father refused. 14. Mother contacted police and the sheriffs office, but was unable to secure the return of the minor Child to her care. 15. Since March 30, 2012, Mother has had minimal contact with the child, limited to text messages, infrequent phones calls, and three brief visits. Father has refused to allow Mother to exercise custody consistent with the status quo in effect since Father's incarceration. 16. In an effort to spare the parties' 11 year old Child from experiencing a potentially traumatic event, Mother has avoided self-help remedies to return the Child. 3 II. COUNT ONE - PETITION FOR EMERGENCY RELIEF 17. Mother incorporates; herein by reference paragraphs 1-16 of this Petition, as if set forth herein at length. 18. Pursuant to the January 17t", 2008 Order of Court, the parties were to share physical custody of the parties minor child until Father's incarceration, and after incarceration, Father was only entitled to physical custody of the child upon his completion of the listed requirements. 19. By informal agreement of the parties, after Father's release from incarceration until March 30, 2012, Father was exercising, at a maximum, alternating weekends from Friday to Sunday, with a mid-week visit. 20. In violation of the January 17, 2008 Order, and in violation of the parties' informal agreement, Father unilaterally assumed physical custody of the parties' minor child and has refused to allow Mother to exercise the periods of physical custody as established by the 2008 Order and the informal arrangement of the parties. 21. In addition to violating the physical custody requirements of the 2008 Order, Father has (1) violated the legal custody requirements by refusing to share information and communicate with Mother, and (2) has failed to provide any evidence that he completed the steps required for Father to exercise physical custody upon his release from incarceration. The details of Father's contempt are set forth in detail in Mother's Petition for Contempt and Modification, filed contemporaneously herewith, and attached hereto as Exhibit "B." 22. Once this Honorable Court has the opportunity to address the Emergency 4 Relief requested herein, Mother believes and avers that it is in the best interest of the Child to grant Mother primary physical custody consistent with the status quo, in effect prior to March 30, 2012. The details of Mother's request to confirm her as the primary physical custodian are set forth in detail in Mother's Petition for Contempt and Modification, filed contemporaneously herewith, and attached hereto as Exhibit "B." 23. Mother believes and therefore avers, that without an immediate Order of Court directing Father to return physical custody of the child to Mother, Father will continue to violate the January 17, 2008 Order of Court, by withholding custody of the parties' minor child from Mother, and violating the legal custody requirements and the mandatory steps Father was to complete upon his release from incarceration. WHEREFORE, Mother respectfully requests this Honorable Court to enter an ex- parte emergency order directing Father to return physical custody of the parties' minor child to Mother pending a custody conciliation conference or a hearing in this matter. Respectfully submitted, McNEES WALLACE & NURICK LLC By /a• Antho y M. Hoover I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (facsimile) ahoover@mwn.com Attorneys for Defendant, Christina R. Thorn Dated: 5 \' `'? ,? 1 i` 1 JOSEPH A. THORN, Plaintiff CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON Pt I- ',S CUMBERLAND COUNTY, PENN ;l I_`/ANIA NO. 04-5228 CIVIL ACTION --LAIN IN CUSTODY ORDER AND NOW, this day of January, 2008, having reviewed the attached stipulation and agreement between the parties t is hereby ORDERED and DE:A'.-RF_ED as f':)Ilows. 1 _ Leal Custody: The parties, Joseph A. Thorn (hereinaf'er ' ritl-er") and C i -istina N. Thorn (hereinafter "Mother"), shall have shared legal custody of thc? minor child, I'eelan Rae Thorn, born February 6, 2001. Each parent shall have ran rig ht, to be exercised jointly with the other parent, to make all major non-emergence decis,ons regarding her health, education and religion. Pursuant to the terms of 23 F',? C.S. §5309, c a<w,h parent shall be entitled to all records and information pertaining to the ;hrld including, kr_jt not limited to medical, dental, religious or school records, the residence ?idJress of the child r-,nd of the other parent. To the extent one parent has possession of any such records ()r information, -hat parent shall be required to share the same, or copies tl'-_?reof, with the ether parent within such reasonable time as to make the records and inforfi- <Aion of reasonable use to the other parent. 2. Flivsical Custody: The f?arties hereby agree that Mother and F 3ther shall ('ontinlje to share physical custody. The parties acknowledge that they have f>>?,en able to work oiirt a visitation schedule suitable to both. Shared physical custody ?.?lill remain in effect ITYes?; Father begins to reside beyond a ten (110) mile radius of Mother's cu;-rent home or rather is incarcerated as described in paragraph 3 of this Stipulation. 3. Incarceration: The parties acknowledge and agree tha± Father ?s facing oossihie conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody. ,_3) Father agrees that it will be at Mother's sole discretion as 'o whether or not Keelan visits Father in prison. b) The parties acknowledge and agree that should l`0o0her come to an untimely death while Father is incarcerated, Keelan's maternal (_Irandflither, Raymond F_ Beyers, shall take Mother's custodial place until such lim,, as Father is 1) released from prison and 2) meets the conditions laid or t ir) lpam,(',i rph four (4) below. 4. Fhe parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written igreeme?i it of th,? parties, after t=alker has successful achieved the following: a) Father is released from incarceration, and; b) Father establishes a permanen'. residence within tr n n, les of the Town of Enola, Pennsylvania, and; C) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve, and; (1) Father agrees to and attends of least tv,/o months m -ntal health counseling. D. The parties agree that when i-ather has fulHled the requirements :s'ed in paragraph four (4) above he wiil be entitled to enjoy the same custodial rights GIs established by the December 2, 2004 custody Order. 6 The hearing scheduled for Tuesday, January 15, 2008 at 1,30 p m. ?s cancelled. nictrihtrtinn' MCNEES WALLACE & NURICK, 1-1-C J. Paw Helvy, Esquire ;'Jtorney LD. No. 53148 ,,udrey L. Duglione, Esquire Attorney I D. Na 206587 100 Pine Street I' 0. B()x 1166 iarrishurg, PA 1 71 08-1166 /'17) 23 7-5343 i 17j 237-5300 (fax) ft"Drn??ys for Defendant Joseph Thorn -1.0. Box 522 Enola, PA 17025 F?? t t 4 / r fem..,- \ ". f JOSEPH A. THORN, IN THE COURT OF COMMON PI_EAS Plaintiff CUMBERLAND COUNTY, PENNSY1__VANIA NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW ?- Defendant IN CUSTODY -= -, CUSTODY STIPULATION dC-1 AND NOW, this l Q_ day of Q 0 k1. C(-- , 2008, the undersigned do hereby stipulate and agree to revise the Custody Order of December 2, 20:14 and hereby agree to the entry of a new Custody Order which supersedes any existing Custody Order and is consistent with the following: 1. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") <01d Christina F. Thorn (hereinafter "Mother"), shall have shared legal custc,(]y of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an e!lual right, to he exercised jointly with the other parent, to make all major non-emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, ;ach parent shall be entitled to all records and information pertaining to the child including, gut not limited to medical, dem:al, religious or school records, the residence ,Wdress of the ;h1d grid of the other parent. To the extent one parent has possession of any such records )r information, that parent shall be required to share he same, or copies therc??of, with the ether parent within such reasonable time as to make the records and infom-ration of reasonable use to the other parent. 2. Physical Custody: The parties hereby agree that Mother and Father shall .ontinue to share physical custody. The parties acknowledge that they have, been able to Nork out a visitation schedule suitable to both, Shared physical custody'vJll remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation. 3. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to (,Iff:?ctuate this change in physical custody. E0 Father agrees that it will be at Mother's sole discretion a?. to whether or not Keelan visits Father in prison. b} The parties acknowledge and agree that should Mother come to an untimelv death while Father is incarcerated, Keelan's maternal grandfather, Raymond F. Beyers, shall take Mother's c?astodial place until such tirne as Father is 1) released from prison and 2) rneets the conditions laid out in paragraph four (4) below. 4. The parties acknowledge that this Stipulation is intended to `,)e temporary in nature and subject to modification, by Court Order or written agreement of the parties, after rather Ii,-is successful achieved the following: J) Fathff is released from incarceration, and; b) Father establishes a permanent residence within Icon miles of the Town of Fnola, Pennsylvania, and c) Father is able to provide an individual bedroom for Keehn which Mother has had a chance to review and approve, and; d} Father agrees to and attends at least two months of mental health counseling. 5. The parties agree that when f=ather has fulfilled the requirements listed in paragraph four '4) above he will be entil_led to enjoy the same custodial rights, rIs established by the October 2, 2004 custody Orde". WI FSS: Josep 0, Christina Tl,orn - ,p 5 ?, i\?Jl JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN CUSTODY ORDER You, Joseph A. Thorn, Plaintiff, have been sued in court to obtain custody of Keelan Rae Thorn. You are ordered to appear in person at _ at M. for a conciliation conference. on If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT: Date Distribution: Anthony Hoover, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108-1166, (717) 237-5477 (phone), (717) 260-1701 (fax), ahoovelb,mwn.com J. Joseph A. Thorn, 596 Magaro Road, Enola, Pennsylvania 17025 MCNEES WALLACE & NURICK LLC By:Anthony M. Hoover Attorney I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (fax) ahoover ,mwn.com Attorneys for Defendant JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action after this complaint and notice are served, by entering written appearance personally or by attorneyand filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 MCNEES WALLACE & NURICK LLC By: Anthony M. Hoover Attorney I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (fax) ahoover mwn.com Attorneys for Defendant JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT, AND MODIFICATION OF JANUARY 17, 2008 CUSTODY ORDER BACKGROUND FACTS 1 Petitioner is Christina R. Thorn, an adult individual who currently resides at 1125 Second Street, Enola, Cumberland County, Pennsylvania, 17025 ("Mother"). 2. Respondent is Joseph A. Thorn, an adult individual who currently resides at 596 Magaro Road, Enola, Cumberland County, Pennsylvania 17025 ("Father") 3. The parties are the parents of one minor child, Keelan Rae Thorn, born February 6, 2001 ("Child"). 4. In anticipation of Father's incarceration, the parties reached a Custody Stipulation, entered as an order of Court on January 17, 2008. A true and accurate copy of the January 17, 2008 Order of Court is attached hereto as Exhibit "A." 5. Pursuant to the 2008 Order, Mother and Father shared legal custody, and until Father began his period of incarceration, the parties shared physical custody. Upon Father's incarceration, Mother received sole physical custody of the child. Pursuant to the Order, upon his release, Father would be entitled to custodial rights only if he met certain conditions, including, but not limited to, establishing a permanent residence, being able to provide a bedroom for the parties' minor child, and attending at least two months of counseling. 6. In 2007 Father was charged with felony illegal possession of a firearm, recklessly endangering another person, disorderly conduct, harassment/subject other to physical contact, and disorderly conduct/hazardous physical offense. 7. On November 4, 2008, Father pled guilty to felony illegal possession of a firearm, and received a minimum sentence of eleven months and fifteen days, and a maximum sentence of twenty-three months. 8. After Father's release, Mother began to phase in a partial physical custody schedule for Father. At first, Father exercised visitation for a few hours per visit, and gradually increased his partial physical custody to alternating weekends from Friday until Sunday with a mid-week visit every Wednesday. 2 9. From Father's release from incarceration, until March 30, 2012, Father's exercise of physical custody has never exceeded alternating weekends, with a mid- week visit. 10. On March 30, 2012, Mother was taken to the emergency room for a period of five hours was treated for dehydration and anxiety. This was the first event of this kind and no event like this has occurred since March 30, 2012. 11. Mother contacted Father and asked if Father would look after the child, while she was in the hospital. 12. When Mother was released from the emergency room approximately five hours later, Father refused to return physical custody of the parties' minor child to Mother. 13. Mother pleaded with Father to return the Child, but Father refused. 14. Mother contacted police and the sheriffs office, but was unable to secure the return of the minor Child to Vier care. 15. Since March 30, 2012, Mother has had minimal contact with the child, limited to text messages, infrequent phones calls, and three brief visits. Father has refused to allow Mother to exercise custody consistent with the status quo in effect since Father's incarceration. 16. In an effort to spare the parties' 11 year old Child from experiencing a potentially traumatic event, Mother has avoided self-help remedies to return the Child. 3 17. As Father has unilaterally assumed custody of the minor Child and has refused to return custody of the Child to Mother, Mother has filed a Petition for Emergency Relief contemporaneously herewith, and incorporated herein and attached hereto as Exhibit "B." II. COUNT ONE - PETITION FOR CONTEMPT IN VIOLATION OF JANUARY 17, 2008 ORDER OF COURT 18. Mother incorporates herein by reference paragraphs 1-17 of this Petition, as if set forth herein at length. 19. The January 17, 2008 Order of Court addresses physical custody as follows: 112. Physical Custody: The parties hereby agree that Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation." 113. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody." 'A. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration; b) Father establishes a permanent residence within ten miles of 4 the Town of Enola, Pennsylvania; C) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve; and d) Father agrees to and attends at least two months of mental health counseling." 20. Since Father's release, Father has failed to provide Mother with any documentation evidencing the completion of his requirements to exercise custody of the child; 21. Since Father's release, Father periods of physical custody have been limited to alternating weekends with a mid-week visits. 22. As of March 30, 2012, Father took physical custody of the child, and has refused to return the parties' Child to Mother. 23. Without Court intervention, Father will continue to withhold custody of the child from Mother, in violation of the January 17, 2008 Order of Court. 24. Pursuant to the January 17, 2008 Order of Court, the following language was included with respect to legal custody: Ill. Legal Customs: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent." 25. Since March 30, 2012, Mother has learned that the child has received report cards, participated in significant school events (musical concerts), and sporting events, all of which Father had received notice and failed to provide this notice to Mother. 26. Father is in further violation of the January 17, 2008 Order by failing to comply with the legal custody requirements therein. 27. Father's actions, and/or lack thereof, are a willful and intentional violation of the January 17, 2008 Order of Court, and Mother believes, barring Court intervention, Father will continue to violate the Order. 28. Mother has incurred expenses associated with the preparation Petition for Contempt, and anticipates incurring additional expenses associated with Father's continued violation of the January 17, 2008 Order of Court. WHEREFORE, Mother, respectfully requests this Honorable Court: X Find Father in contempt of the January 17, 2008 Order of Court for withholding physical custody of the parties' minor child from Mother, and failing to comply with the shared legal custody requirement; B. Modify the January 17, 2008 Custody order by allowing the parties to share legal custody, and grarting Mother primary physical custody subject to Father's periods of partial physical custody on alternating weekends from Friday after school until Sunday at 6 p.m. with a mid-week visit on Wednesdays. 6 C. Enter an Order requiring Father to reimburse Mother for all reasonable attorney's fees and costs incurred in the investigation, preparation, and presentation of this Petition for Contempt. III. COUNT TWO - PETITION FOR MODIFICATION OF JANUARY 17, 2008 ORDER OF COURT 29. Mother incorporates herein by reference paragraphs 1-28 of this Petition, as if set forth herein at length. 30. Mother believes and therefore avers that it is in the best interest of the child that a modified custody schedule be entered consistent with the status quo prior to Father withholding custody of the child from Mother, as follows: A. The parties share legal custody; B. Mother shall have primary physical custody, subject to Father's right to partial physical custody on alternating weekends, from Friday after school until Sunday at 6 p.m., and a visit on Wednesdays after school until 8 p.m. 31. The January 17, 2008 Order of Court should be modified for the reasons stated in Count I herein and Mother's Petition for Emergency Relief (attached hereto as Exhibit "B"), but also include, but are not limited to, the following: A. Father has pled guilty to aggravated assault by vehicle while driving under the influence, which is an enumerated offense under Section 5329(a) of the Custody Act. B. Due to Father's guilty plea, this Court is required to conduct an 7 evaluation to determine whether Father poses a threat of harm to the child prior to entering an Order granting Father any right of custody. C. In addition to Father committing an enumerated offense, Father's criminal record identifies other criminal acts which question Father's ability to exercise significant periods of physical custody, which include, but are not limited to, the following: Guilty plea for felony possession of a fire arm and guilty plea to felony conspiracy to violate odometer requirements. D. Since March 30, 2012, Father has had limited contact with Mother and has refused to answer nearly all of Mother's phone calls or text messages. Mother has been unable to confirm whether the Child is being properly cared for while in Father's custody. E. Mother has been the child's caretaker since birth, and since Father's release from incarceration, Father has been limited to partial physical custody on alternating weekends with a mid-week visit. F. Mother is the parent who is more likely to encourage and permit frequent and continuing contact between the child and the other party for reasons that include, but are not limited to: Since March 30, 2012, Father has refused to relinquish physical custody of the parties' minor child; ii. While Father was incarcerated, Mother made efforts to maintain a relationship between the child and Father; iii. When Father was recently released from incarceration, and 8 was unable to establish a residence, Mother ensured that Father at least exercised visitation of the parties' minor child. G. Mother believes and therefore avers that Father has attempted to turn the parties' minor child against Mother. WHEREFORE, Mother respectfully requests this Honorable Court, following a hearing or custody conciliation conference in this matter, enter an Order allowing the parties to share legal custody, and granting Mother primary physical custody subject to Father's periods of partial physical custody on alternating weekends from Friday after school until Sunday at 6 p.m. with a mid-week visit on Wednesdays. Respectfully submitted, McNEES WALLACE & NURICK LLC By Ae;?'-4 c -- Anthony M. Hoover I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (facsimile) ahoover@mwn.com Attorneys for Defendant, Christina R. Thorn Dated: r?l I ?'2 9 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: ?> 1 l12 Christina R. TrO'rn CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served via certified mail, return receipt requested to: Joseph A. Thorn 596 Magaro Road Enola, Pennsylvania 17025 G?- Amanda Felty, Legal Se reta Dated: (? •. VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: (? .Z Christina FT. "'I horn CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served via certified mail, return receipt requested to: Joseph A. Thorn 596 Magaro Road Enola, Pennsylvania 17025 a Amanda Felty, Legal Secre6 . Dated: t,-) ? I ?1 IZ 1 JOSEPH A. THORN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. -v3 • 2004.5228 CIVIL ACTION LAW a -+ ? -Vr CHRISTINA R. THORN -<> W c Cc, IN CUSTODY DEFENDANT C541 ?C> _ r 3 ? ORDER OF COURT rV AND NOW, Tuesday, May 22, 2012 , upon consideration of the attached Com plaint, 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 26, 2012 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 I. Ms M jr., Esq. gIg Custody Conciliator r- 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 T14E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. iF1' / t CL J. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C-) MC ES WALLACE & NURICK LLC By:Anthony M. Hoover rn Attorney I.D. No. 307033 '- - co ?' C )CF 100 Pine Street CD-r' P.O. Box 1166 vc, _ Harrisburg, PA 17108-1166 rT; (717) 237-5477 -- (717) 260-1701 (fax) `D ahgWrQMwn.ccm Attnrno" for Defendant JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY NOTICE TO DEFEND AND CLAN RIGHT YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action after this complaint and notice are served, by entering written appearance personally or by attorneyand filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAVINER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH'BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Q G' Carlisle, PA 17013 3.6 y (717) 249-3166 or (800) 990-9108 3 /? MCNEES WALLACE & NURICK LLC By: Anthony M. Hoover Attorney I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (fax) ah cernwn.com Attorneys for Defendant JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY 1. BACKGROUND FACTS 1. Petitioner is Christina R. Thorn, an adult individual who currently resides at 1125 Second Street, Enola, Cumberland County, Pennsylvania, 17025 ("Mother"). 2. Respondent is Joseph A. Thorn, an adult individual who currently resides at 596 Magaro Road, Enola, Cumberland County, Pennsylvania 17025 ("Father"). 3. The parties are the parents of one minor child, Keelan Rae Thom, born February 6, 2001 ("Child"). 4. In anticipation of Father's incarceration, the parties reached a Custody Stipulation, entered as an order of Court on January 17, 2008. A true and accurate copy of the January 17, 2008 Order of Court is attached hereto as Exhibit "A." 5. Pursuant to the 2008 Order, Mother and Father shared legal custody, and until Father began his period of incarceration, the parties shared physical custody. Upon Father's incarceration, Mother received sole physical custody of the child. Pursuant to the Order, upon his release, Father would be entitled to custodial rights only if he met certain conditions, including, but not limited to, establishing a permanent residence, being able to provide a bedroom for the parties' minor child, and attending at least two months of counseling. 6. In 2007 Father was charged with felony illegal possession of a firearm, recklessly endangering another person, disorderly conduct, harassment/subject other to physical contact, and disorderly conduct/hazardous physical offense. 7. On November 4, 2008, Father pled guilty to felony illegal possession of a firearm, and received a minimum sentence of eleven months and fifteen days, and a maximum sentence of twenty-three months. 8. After Father's release, Mother began to phase in a partial physical custody schedule for Father. At first, Father exercised visitation for a few hours per visit, and gradually increased his partial physical custody to alternating weekends from Friday until Sunday with a mid-week visit every Wednesday. 2 9. From Father's release from incarceration, until March 30, 2012, Father's exercise of physical custody has never exceed altemating weekends, with a mid- week visit. 10. On March 30, 2012, Mother was taken to the emergency room for a period of five hours was treated for dehydration and anxiety. This was the first event of this kind and no event like this has occurred since March 30, 2012. 11. Mother contacted Father and asked if Father would look after the child, while she was in the hospital. 12. When Mother was released from the emergency room approximately five hours later, Father refused to return physical custody of the parties' minor child to Mother. 13. Mother pleaded with Father to return the Child, but Father refused. 14. Mother contacted police and the sheriffs office, but was unable to secure the return of the minor Child to her care. 15. Since March 30, 2012, Mother has had minimal contact with the child, limited to text messages, infrequent phones calls, and three brief visits. Father has refused to allow Mother to exercise custody consistent with the status quo in effect since Father's incarceration. 16. In an effort to spare the parties' 11 year old Child from experiencing a potentially traumatic event, Mother has avoided self-help remedies to return the Child. 3 17. As Father has unilaterally assumed custody of the minor Child and has refused to return custody of the Child to Mother, Mother has filed a Petition for Emergency Relief contemporaneously herewith, and incorporated herein and attached hereto as Exhibit "B." II. COUNT ONE - PETITION FOR CONTEMPT IN VIOLATION OF JANUARY 17, 2000 ORDER OF COURT 18. Mother incorporates herein by reference paragraphs 1-17 of this Petition, as if set forth herein at length. 19. The January 17, 2008 Order of Court addresses physical custody as follows: 112. Physical Custody: The parties hereby agree that... Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation." "3. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody." 114. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration; b) Father establishes a permanent residence within ten miles of 4 the Town of Enola, Pennsylvania; c) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve; and d) Father agrees to and attends at least two months of mental health counseling." 20. Since Father's release, Father has failed to provide Mother with any documentation evidencing the completion of his requirements to exercise custody of the child; 21. Since Father's release, Father periods of physical custody have been limited to alternating weekends with a mid-week visits. 22. As of March 30, 2012, Father took physical custody of the child, and has refused to return the parties' Child to Mother. 23. Without Court intervention, Father will continue to withhold custody of the child from Mother, in violation of the January 17, 2008 Order of Court. 24. Pursuant to the January 17, 2008 Order of Court, the following language was included with respect to legal custody: "1. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thom (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thom, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent'shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent." 5 25. Since March 30, 2012, Mother has learned that the child has received report cards, participated in significant school events (musical concerts), and sporting events, all of which Father had received notice and failed to provide this notice to Mother. 26. Father is in further violation of the January 17, 2008 Order by failing to comply with the legal custody requirements therein. 27. Father's actions, and/or lack thereof, are a willful and intentional violation of the January 17, 2008 Order of Court, and Mother believes, barring Court intervention, Father will continue to violate the Order. 28. Mother has incurred expenses associated with the preparation Petition for Contempt, and anticipates incurring additional expenses associated with Father's continued violation of the January 17, 2008 Order of Court. WHEREFORE, Mother, respectfully requests this Honorable Court: A. Find Father in contempt of the January 17, 2008 Order of Court for withholding physical custody of the parties' minor child from Mother, and failing to comply with the shared legal custody requirement; B. Modify the January 17, 2008 Custody order by allowing the parties to share legal custody, and granting Mother primary physical custody subject to Father's periods of partial physical custody on alternating weekends from Friday after school until Sunday at 6 p.m. with a mid-week visit on Wednesdays. 6 C. Enter an Order requiring Father to reimburse Mother for all reasonable attorney's fees and costs incurred in the investigation, preparation, and presentation of this Petition for Contempt. III. COUNT TWO - PETITION FOR MODIFICATION OF JANUARY 17, 2408 ORDER OF COURT 29. Mother incorporates herein by reference paragraphs 1-28 of this Petition, as if set forth herein at length. 30. Mother believes and therefore avers that it is in the best interest of the child that a modified custody schedule be entered consistent with the status quo prior to Father withholding custody of the child from Mother, as follows: A. The parties share legal custody; B. Mother shall have primary physical custody, subject to Father's right to partial physical custody on alternating weekends, from Friday after school until Sunday at 6 p.m., and a visit on Wednesdays after school until 8 p.m. 31. The January 17, 2008 Order of Court should be modified for the reasons stated in Count I herein and Mother's Petition for Emergency Relief (attached hereto as Exhibit "B"), but also include, but are not limited to, the following: A. Father has pled guilty to aggravated assault by vehicle while driving under the influence, which is an enumerated offense under Section 5329(a) of the Custody Act. B. Due to Father's guilty plea, this Court is required to conduct an 7 evaluation to determine whether Father poses a threat of harm to the chili prior to entering an Order granting Father any right of custody. C. In addition to Father committing an enumerated offense, Father's criminal record identifies other criminal acts which question Father's ability to exercise significant periods of physical custody, which include, but are not limited to, the following: Guilty plea for felony possession of a fire arm and guilty plea to felony conspiracy to violate odometer requirements. D. Since March 30, 2012, Father has had limited contact with Mother and has refused to answer nearly all of Mother's phone calls or text messages. Mother has been unable to confirm whether the Child is being properly cared for while in Father's custody. E. Mother has been the child's caretaker since birth, and since Father's release from incarceration, Father has been limited to partial physical custody on alternating weekends with a mid-week visit. F. Mother is the parent who is more likely to encourage and permit frequent and continuing contact between the child and the other party for reasons that include, but are not limited to: Since March 30, 2012, Father has refused to relinquish physical custody of the parties' minor child; ii. While Father was incarcerated, Mother made efforts to maintain a relationship between the child and Father; iii. When Father was recently released from incarceration, and 8 was unable to establish a residence, Mother ensured that Father at least exercised visitation of the parties' minor child. G. Mother believes and therefore avers that Father has attempted to turn the parties' minor child against Mother. WHEREFORE, Mother respectfully requests this Honorable Court, following a hearing or custody conciliation conference in this matter, enter an Order allowing the parties to share legal custody, and granting Mother primary physical custody subject to Father's periods of partial physical custody on alternating weekends from Friday after school until Sunday at 6 p.m. with a mid-week visit on Wednesdays. Respectfully submitted', McNEES WALLACE & NURICK LLC By A Anthony M. Hoover I.D. No. 307033 100 Pine Street" P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (facsimile) ahoover@mwn.com Attorneys for Defendant, Dated: Christina R. Thorn 9 ?? JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this day of January, 2008, having reviewed the attached stipulation and agreement between the parties it is hereby ORDERED and DECREED as follows: 1. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties hereby agree that Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation. 3. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody. a) Father agrees that it will be at Mother's sole discretion as to whether or not Keelan visits Father in prison. b) The parties acknowledge and agree that should Mother come to an untimely death while Father is incarcerated, Keelan's maternal grandfather, Raymond F. Beyers, shall take Mother's custodial place until such time as Father is 1) released from prison and 2) meets the conditions laid out in paragraph four (4) below. 4. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration, and; b) Father establishes a permanent residence within ten miles of the Town of Enola, Pennsylvania, and; c) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve, and; d) Father agrees to and attends at least two months of mental health counseling. 5. The parties agree that when Father has fulfilled the requirements listed in paragraph four (4) above he will be entitled to enjoy the same custodial rights as established by the December 2, 2004 custody Order. 6. The hearing scheduled for Tuesday, January 15, 2008 at 1:30 p.m. is cancelled. Distribution: MCNEES WALLACE & NURICK, LLC J. Paul Helvy, Esquire Attorney I.D. No. 53148 Audrey L. Buglione, Esquire Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) Attorneys for Defendant Joseph Thorn P.O. Box 522 Enola, PA 17025 Plaintiff, pro se a r ' Y { e{ij?A 11ti?A i.0tl i ' ua i?;s?2, PA r?i s ;. , JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5228 f? CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY f CUSTODY STIPULATION cn AND NOW, this day of _ Q n Uta , 2008, the undersigned do hereby stipulate and agree to revise the Custody Order of December 2, 2004 and hereby agree to the entry of a new Custody Order which supersedes any existing Custody Order and is consistent with the following: 1. Legal Custody: The parties, Joseph A. Thorn (hereinafter "Father") and Christina R. Thorn (hereinafter "Mother"), shall have shared legal custody of the minor child, Keelan Rae Thorn, born February 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties hereby agree that Mother and Father shall continue to share physical custody. The parties acknowledge that they have been able to work out a visitation schedule suitable to both. Shared physical custody will remain in effect unless Father begins to reside beyond a ten (10) mile radius of Mother's current home or Father is incarcerated as described in paragraph 3 of this Stipulation. 3. Incarceration: The parties acknowledge and agree that Father is facing possible conviction and incarceration due to charges stemming from his arrest on November 22, 2007. The parties agree that should Father be convicted and incarcerated Mother will automatically be entitled to exercise sole physical custody and the parties will continue to share legal custody. No further Order or Stipulation will be necessary to effectuate this change in physical custody. a) Father agrees that it will be at Mother's sole discretion as to whether or not Keelan visits Father in prison. b) The parties acknowledge and agree that should Mother come to an untimely death while Father is incarcerated, Keelan's maternal grandfather, Raymond F. Beyers, shall take Mother's custodial place until such time as Father is 1) released from prison and 2) meets the conditions laid out in paragraph four (4) below. 4. The parties acknowledge that this Stipulation is intended to be temporary in nature and subject to modification, by Court Order or written agreement of the parties, after Father has successful achieved the following: a) Father is released from incarceration, and; b) Father establishes a permanent residence within ten miles of the Town of Enola, Pennsylvania, and; C) Father is able to provide an individual bedroom for Keelan which Mother has had a chance to review and approve, and; d) Father agrees to and attends at least two months of mental health counseling. 5. The parties agree that when Father has fulfilled the requirements listed in paragraph four (4) above he will be entitled to enjoy the same custodial rights as established by the October 2, 2004 custody Order. t sep o 4 K`? iristina Thorn ??. MCNEES WALLACE & NURICK LLC By: Anthony M. Hoover Attorney I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (fax) ahoovermwn.com Attorneys fair Defendant JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR EWMENCY RELIEF L BACKGROUND FACTS 1. Petitioner is Christina R. Thorn, an adult individual who currently resides at 1125 Second Street, Enola, Cumberland County, Pennsylvania, 17025 ("Mother"). 2. Respondent is Joseph A. Thorn, an adult individual who currently resides at 596 Magaro Road, Enola, Cumberland County, Pennsylvania 17025 ("Father") 3. The parties are the parents of one minor child, Keelan Rae Thorn, born February 6, 2001 ("Child"). 4. In anticipation of Father's incarceration, the parties reached a Custody Stipulation, entered as an order of Court on January 17, 2008. A true and accurate copy of the January 17, 2008 Order of Court is attached hereto as Exhibit "A." 5. Pursuant to the 2008 Order, Mother and Father shared legal custody, and until Father began his period of incarceration, the parties shared physical custody. Upon Father's incarceration, Mother received sole physical custody of the child. Pursuant to the Order, upon his release, Father would be entitled to custodial rights only if he met certain conditions, including, but not limited to, establishing a permanent residence, being able to provide a bedroom for the parties' minor child, and attending at least two months of counseling. 6. In 2007 Father was charged with felony illegal possession of a firearm, recklessly endangering another person, disorderly conduct, harassment/subject other to physical contact, and disorderly conduct/hazardous physical offense. 7. On November 4, 2008, Father pled guilty to felony illegal possession of a firearm, and received a minimum sentence of eleven months and fifteen days, and a maximum sentence of twenty-three months. 8. After Father's release, Mother began to phase in a partial physical custody schedule for Father. At first, Father exercised visitation for a few hours per visit, and gradually increased his partial physical custody to alternating weekends from Friday until Sunday with a mid-week visit every Wednesday. 2 9. From Father's release from incarceration, until March 30, 2012, Father's exercise of physical custody has never exceeded alternating weekends, with a mid- week visit. 10. On March 30,, 2012, Mother was taken to the emergency room for a period of five hours was treated for dehydration and anxiety. This was the first event of this kind and no event like this has occurred since March 30, 2012. 11. Mother contacted Father and asked if Father would look after the child, while she was in the hospital. 12. When Mother was released from the emergency room approximately five hours later, Father refused to return physical custody of the parties' minor child to Mother. 13. Mother pleaded with Father to return the Child, but Father refused. 14. Mother contacted police and the sheriffs office, but was unable to secure the return of the minor Child to her care. 15. Since March 30, 2012, Mother has had minimal contact with the child, limited to text messages, infrequent phones calls, and three brief visits. Father has refused to allow Mother to exercise custody consistent with the status quo in effect since Father's incarceration. 16. In an effort to spare the parties' 11 year old Child from experiencing a potentially traumatic event, Mother has avoided self-help remedies to return the Child. 3 11 COUNT ONE - PETITION FOR EMERGENCY RELIEF 17. Mother incorporates herein by reference paragraphs 1-16 of this Petition, as if set forth herein at length. 18. Pursuant to the January 17th, 2008 Order of Court, the parties were to share physical custody of the parties minor child until Father's incarceration, and after incarceration, Father was only entitled to physical custody of the child 'upon his completion of the listed requirements. 19. By informal agreement of the parties, after Father's release from incarceration until March 30, 2012, Father was exercising, at a maximum, alternating weekends from Friday to Sunday with a mid-week visit. 20. In violation of the January 17, 2008 Order, and in violation of the parties' informal agreement, Father unilaterally assumed physical custody of the parties' minor child and has refused to allow Mother to exercise the periods of physical custody as established by the 2008 Order and the informal arrangement of the parties. 21. In addition to violating the physical custody requirements of the 2008 Order, Father has (1) violated the legal custody requirements by refusing to share information and communicate with Mother, and (2) has failed to provide any evidence that he completed the steps required for Father to exercise physical custody upon his release from incarceration. The details of Father's contempt are set forth in detail in Mother's Petition for Contempt and Modification, filed contemporaneously herewith, and attached hereto as Exhibit "B." 22. Once this Honorable Court has the opportunity to address the Emergency 4 Relief requested herein, Mother believes and avers that it is in the best interest of the Child to grant Mother primary physical custody consistent with the status quo, in effect prior to March 30, 2012. The details of Mother's request to confirm her as the primary physical custodian are set forth in detail in Mother's Petition for Contempt and Modification, filed contemporaneously herewith, and attached hereto as Exhibit "B." 23. Mother believes and therefore avers, that without an immediate Order of Court directing Father to return physical custody of the child to Mother!, Father will continue to violate the January 17, 2008 Order of Court, by withholding custody of the parties' minor child from Mother, and violating the legal custody requirements and the mandatory steps Father was to complete upon his release from incarceration. WHEREFORE, Mother respectfully requests this Honorable Court to enter an ex- parte emergency order directing Father to return physical custody of the parties' minor child to Mother pending a custody conciliation conference or a hearing in this matter. Respectfully submitted, McNEES WALLACE & NURICK LLC By A /0. 4?: Anth y M. Hoover I.D. No. 307033 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5477 (717) 260-1701 (facsimile) ahoover@mwn;.com Attorneys for Defendant, Christina R. Thorn Dated: `) l 0? 112- 5 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Dated: 911S I 12 Christina . Thorn CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served via certified mail, return receipt requested to: Joseph A. Thorn 596 Magaro Road Enola, Pennsylvania 17025 Dated: t) ` (2 1 ti VERIFICATION ti I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 1 ?rS l12 Christina R. Tfi m CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served via certified mail, return receipt requested to: Joseph A. Thorn 596 Magaro Road Enola, Pennsylvania 17025 C- Amanda Fetty, Legal 8edretarO Dated: 5 kq ? t -a- JOSEPH A. THORN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHRISTINA R. THORN, Defendant NO. 04-5228 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR EMERGENCY RELIEF AMENDED ORDER OF COURT AND NOW, this 24`h day of May, 2012, upon consideration of the prior Order of Court dated May 21, 2012, in the above matter, referring Defendant's Petition for Emergency Relief to the custody conciliation process, the order is amended to reflect that Defendant's Petition for Emergency Relief will be heard at the hearing previously scheduled on Plaintiff s Petition for Emergency Relief for Wednesday, May 30, 2012, at 3:00 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ChristYlee`,. Peck, J. Joseph A. Thorn 596 Magaro Road Enola, PA 17025 Plaintiff, pro Se Anthony Hoover, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17 108-1166 Attorney for Defendant i/ Court Administrator :rc?e5 h'. le,11 L rnw :X cch -? = < qcD MW IN THE COURT OF COMMON' fl?L'''S 3' JOSEPH A. THORN, Plaintiff CUMBERLAND COUNTY, P6(1?/11C0U,'-IT'i' V. NO. 04-5228 CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE The undersigned hereby certifies that on this day a true and correct copy of Order scheduling custody conciliation conference was served via First Class Mail, addressed as follows: Joseph A. Thorn 596 Magaro Road Enola, Pa, 17025 Date: May 25, 2012 i JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINA R. THORN, CIVIL ACTION - LAW Defendant NO. 04-5228 CIVIL TERM IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 30th day of May, 2012, after having a hearing in this matter where both sides of this case, Joseph Thorn and Christina Thorn, have each filed petitions for emergency relief in this matter, and after hearing testimony of the child at issue, Keelan Rae Thorn, this Court hereby orders, pending the custody conciliation hearing scheduled for June 26th, 2012, that the mother in this case shall have custody of Keelan Thorn as follows: Mondays from 10:00 a.m. until 6:00 p.m., Thursdays from 10:00 a.m. until 6:00 p.m., and alternating weekends from Saturday at 10:00 a.m. until Sunday at 1:00 p.m. This arrangement shall begin on Saturday, June 9, 2012, and shall continue until the custody conciliation in this matter. Mother shall also have custody of the child on Saturday, June 2nd, 2012, from 10:00 a.m. until 6:00 p.m. At all times other than as specified above, father shall have custody of the child. When mother does not have custody of the child, she shall have reasonable phone contact each day at a reasonable hour. This order is meant to be an interim order only as this Court did not consider all of the factors required for a custody determination and shall have no bearing on the custody conciliation determination that is to be made on June 26th, 2012. There have been concerns raised by both parties about possible drug and/or alcohol issues of the other parent. The custody conciliator is to consider the drug and alcohol concerns at the custody conciliation. All other terms of the custody orders previously in effect in this matter shall remain in full force and effect. By the Court, Joseph A. Thorn 596 Magaro Road Enola, PA 17025 Christyl e L. Peck, J. n t }7 .._ ?Anthony Hoover, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 For the Defendant 1 f h <rc?? Co -r? .ei Cif THE " OTHOROTARY MCNEES WALLACE & NURICK LLC By: J. Paul Helvy, Esquire I.D. No. 53148 By: Anthony M. Hoover, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant MR JUN 26 PM i s 50 CUly %A COEtNTY YLYANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5228 CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR WITHDRAWALIENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of J. Paul Helvy, Esquire, Anthony M. Hoover, Esquire, and McNees Wallace & Nurick LLC on behalf of Defendant, Christina R. Thorn, in the above- captioned matter. Dated: 6 -A S-/ti McNEES WALLACE & NURICK LLC By J. Paul Helvy Attorney I.D. No. 8 Anthony M. Hoover Attorney I.D. No. 307033 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance, pro se. Christina Thorn Dated: U 5 JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 04-5228 CIVIL ACTION LAW CHRISTINA R. THORN, IN CUSTODY Defendant Prior Judge: Christylee L. Peck, J. ORDER OF COURT AND NOW this C-](, day of June 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Joseph Thorn, and the Mother, Christina Thorn, shall have sh ed legal custody of Keelan Rae Thorn, born 02/06/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one paren . has possession of any such records or information, that parent shall be required to share the s e, or copies thereof, with the other parent within such reasonable time as to make the records nd information of reasonable use to the other parent. 2. Physical Custody: Father shall have primary physical custody of the Child subject to Mc physical custody as follows: a. In week one, Mother shall have physical custody of Keelan on Monday fr( 10:00am until 6:0 pm and on Thursday from 10:00 am until 6:00 pm. b. In week two, Mother shall have physical custody on Thursday from 10:00 until 6:00 pm and on Saturday 10:00 am until Sunday 1:00 pm. C. Mother shall have physical custody of the Child at such other times as the parties may mutually agree. Regular Physical Custody Schedule (M=mom D=dad) Monday Tuesday Wednesday Thursday Friday Saturday Sunday D M D D D M D I D D D D D D M D D M M ) 3. Counseling: The parties are strongly encouraged to engage in therapeutic family counselin with a mutually-agreed upon professional. Father is to set up an appointment within ten days of the instant Order for Mother and Keelan. The purpose of the counseling is to address an repair the relationship between Mother and daughter. The cost of said counseling, after appropriate payment through insurance, (the co-pay) shall be borne by Mother. 4. The non-custodial parent shall have liberal telephone/text/email contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 6. Neither party may say or do anything nor permit a third party to do or say anything that estrange the Child from the other party, or injure the opinion of the Child as to the other or may hamper the free and natural development of the Child's love or affection for the party. To the extent possible, both parties shall not allow third parties to disparage the parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as as practicable after the emergency is handled. 8. Mother is specifically directed to not have any alcohol in her residence. Neither party shall consume any alcohol prior to transporting Keelan. During any periods of custody or visitat 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 ex 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. A status conference with the assi-aned conciliator is hereby scheduled for Wednesday August 22, 2012 at 1:00 pm at the Court of Common Pleas, Carlisle, PA. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may the provisions of this Order by mutual consent. In the absence of mutual consent, the t this Order shall control. By the Court, J. Distribution: J Christina Thorn, 1125 Second Street, Enola, PA 17025 Joseph Thorn, 596 Magaro Rd., Enola, PA. 17025 ? John J. Mangan, Esquire ? I eop.e-,5 ?d `7-<> r-? 17-1_1 5 C-- of r-1 {-i T JOSEPH A. THORN, Plaintiff V. CHRISTINA R. THORN, Defendant Prior Judge: Christylee L. Peck, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5228 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 1915.3-8(b), the undersigned Custody Conciliator submits the following report: Date 1. The pertinent information pertaining to the Child who is the subject of this litigatic as follows: Name Date of Birth Currently in the Custoc Keelan Rae Thorn 02/06/2001 Primary Father 2. A Conciliation Conference was held with regard to this matter on June 26, 2012 the following individuals in attendance: The Mother, Christina Thorn, self represented party The Father, Joseph Thorn, self-represented party 3. The parties agreed to the entry of an Order in the form as attached. John . N4 gan, Esquire Custody Conciliator is of G JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVAI+~lIA v. No. 04-5228 CIVIL ACTION LAW CHRISTINA R. THORN, IN CUSTODY Defendant Prior Judge: Christylee L. Peck, J. ORDER OF COURT AND NOW this l • ~, day of September 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Le~¢al Custody: The Father, Joseph Thorn, and the Mother, Christina Thorn, shall have sh ed legal custody of Keelan Rae Thorn, born 02/06/2001. The parties shall have an equal righ~ to make all major non-emergency decisions affecting the Child's general well-being includi , but not limited to, all decisions regarding her health, education and religion. Pursuant to e terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the s e, 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. Phvsical Custody: Father shall have primary physical custody of the Child subject to Mot~er's physical custody as follows: a. In week one, Mother shall have physical custody of Keelan on Tuesday and Thursday from after school (or 3:30 pm otherwise) unti17:30 pm. b. In week two, Mother shall have physical custody on Tuesday and Thursda from after school (or 3:30 pm otherwise) unti17:30 pm and on Saturday 1000 am until Sunday 6:00 pm. c. Mother shall have physical custody of the Child at such other times as the '. parties may mutually agree. Regular Phvsical Custody Schedule (M=mom I)=dad1 Monda Tuesda Wednesda Thursda Frida Saturda Sunda D D M D D M D D D D D M D D M D D M M D 3. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with amutually-agreed upon professional. The purpose of the counseling is to address and repair the relationship between Mother and daughter. The cost of said counseling, after appropriate payment through insurance, (the co-pay if any) shall be borne by Mother. 4. The non-custodial parent shall have liberal telephone/text/email contact with the Child on ra reasonable basis. 5 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other parry, or injure the opinion of the Child as to the other parry, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as sdon as practicable after the emergency is handled. 8. Mother is specifically directed to not have any alcohol in her residence. Neither party shah consume any alcohol prior to transporting Keelan. During any periods of custody or visit ian, the parties shall not possess or use illegal substances or consume/be under the influence o alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the e~tent possible, that other household members and/or house guests comply with this provision. ': 9. Relocation. The parties are advised that neither parry shall hereafter relocate the child or children if such relocation will significantly impair the ability of anon-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 moidify 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. Distribution: /' Christina Thorn, 1125 Second Street, Enola, PA 17025 ~-~, Joseph Thorn, 596 Magaro Rd., Enola, PA 17025 ~ John J. Mangan, Esquire -~ ~- m~ `° ~`~, --~ ~ ; JOSEPH A. THORN, Plaintiff v. CHRISTINA R. THORN, Defendant Prior Judge: Christylee L. Peck, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5228 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCED~.TRE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custoc~y of Keelan Rae Thorn 02/06/2001 Primary Father ~. 2. A Conciliation Conference was held with regard to this matter on June 26, 2012, ate Order issued July 9, 2012 and a status .conference was held August 22, 2012 with the following individuals in attendance: The Mother, Christina Thorn, self represented party The Father, Joseph Thorn, self-represented party 3. The parties agreed to the entry of an Order in the form as attached. ~, ~ -~-, Date John J. an ,Esquire Custod Co ciliator V JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 04-5228 CIVIL ACTION LAV2 S w rn cu CHRISTINA R. THORN, IN CUSTODY 5r-7,0 �as Defendant ,r- -<> J0 a Prior Judge: Christylee L. Peck, J. a' c :X =CD R r ." 'r7 ORDER OF COURT AND NOW this 9.0-b day of May 2013, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Mother's petition for contempt is hereby dismissed as she has not notified anyone in regard to her counseling and did not appear at the status conference. 2. Legal Custody: The Father, Joseph Thorn, and the Mother, Christina Thorn, shall have shared legal custody of Keelan Rae Thorn,born 02/06/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including,but not limited to,medical, dental,religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof,with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Each parent shall inform the other, and provide copies of any documents if possible, of any scheduled school meetings or events, report cards, progress reports, medical or dental appointments and any scheduled extra-curricular or sporting events concerning Keelan and her welfare. 3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's partial physical custody as the parties may mutually agree. It is expressly understood that due consideration shall be given by each parent in regard to Keelan's desire, or lack thereof, to. spend time with Mother. 4. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with a mutually-agreed upon professional. The purpose of the counseling is to address and repair the relationship between Mother and daughter. The cost of said counseling, after appropriate payment through insurance, (the co-pay if any) shall be borne by Mother. 5. Drug and Alcohol Evaluation: Mother has agreed to, and shall, engage in an alcohol evaluation with a qualified professional and follow the recommendations. Mother shall contact an evaluator within ten days to set up an intake appointment and Mother shall sign any releases necessary for Father to have input and provide information to the evaluator. Mother may contact Cumberland-Perry Drug and Alcohol Commission at 717-240-6300 and located at 16 West High Street, Ste 302, Carlisle, PA 17013. 6. The non-custodial parent shall have liberal telephone/text/email contact with the Child on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency,the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. Mother is specifically directed to not have any alcohol in her residence. Neither party shall consume any alcohol prior to transporting Keelan. 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. 11. 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. 12. 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. bution: ✓ 'stina Thorn, 1125 Second Street, Enola, PA 1.7025 ./Joph Thorn, 596 Magaro Rd., Enola, PA 17025 ./John J. Mangan, Esquire I S�4/!3 JOSEPH A. THORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 04-5228 CIVIL ACTION LAW CHRISTINA R. THORN, IN CUSTODY Defendant Prior Judge: Christylee L. Peck, 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 Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Keelan Rae Thorn 02/06/2001 Primary Father 2. A Conciliation Conference was held with regard to this matter on June 26, 2012;an Order issued July 9, 2012, a status conference was held August 22, 2012, an Order issued September 06, 2012, a conference was held February 22,2013 in regard to Mother's petition for contempt, an Order issued February 26, 2013 and a status conference was held April 24, 2013 with the following individuals in attendance: The Mother, Christina Thorn, self represented party did not appear The Father, Joseph Thorn, self-represented party 3. The undersigned recommends the entry of an Order in the form as attached. Date John/. Ma an, Esquire Cu dy C nciliator r- L iL t hcitii , Ij 2:13 DEC -9 PM 3: 30 CUMSERLANu PENNSYLVANIA Jane Adams ATTORNEY AT LAW Attorney I.D.No. 79465 17 W.South St. Carlisle,Pa. 17013 (717)245-8508 esqadams@gmail.com JOSEPH A. THORN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2004 - 5228 Civil Term CHRISTINA R. THORN, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION AND CONTEMPT OF A CUSTODY ORDER AND NOW, comes Defendant/Petitioner, Christina R. Thorn, by and through herhis counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Christina R. Thorn, (hereinafter referred to as "Mother"), is the Plaintiff in the above-captioned matter, and is an adult individual currently residing at 1125 2"d Street, Enola, Cumberland County, Pennsylvania, 17025. 2. Joseph A. Thorn, (hereinafter referred to as "Father"), is the Defendant in the above-captioned matter, and his address is currently believed to be living at 504 Seville Street, Philadelphia, Pennsylvania, 17128. 3. The parties are the natural parents of one child, namely, Keelan Rae Thorn, born February 6, 2001, age 12. 4. The parties are subject to an Order of Court entered on May 7th, 2013, which was entered under the above-captioned docket number. co 0,144 G', - 1/700 East Pennsboro Area School District Pupil Withdrawal Special Education Yes or o eVel J13 Amount Owed:$ �'" Last Day of Attendance: h 9 13 13 Grade in / - ILischool e -J)(,� Withdraw Date: ' I y ' STUDENT INFORMATION MOVED FROM DISTRICT T4ICrt, Keelar) soy v► 11 S Student Name(Last, First) New Address 5410 F A � ro U., C�t0 ,`P( Ii oa� Ail Atlp\i i 2 PA l ci 1 - EPASD Add City,State,Zip p� Home Telephone Number 711 c.-( °i 3.- S 0 Student Number«I 59 t Birthdate o2 J /9..001 New School District CP`k-W'1%1 ,,.1 — j Does this withdrawal affect any other district students? If student is withdrawn by Children& Youth Services,include placement letter. r.-- UNLAWFUL ABSENCES LEGAL AGE WITHDRAWAL If over the age of 17—Parent notified by certified letter of I hereby attest that I am over the age of 17 and I am withdrawing suspension after four unexcused absences- myself from East Pennsboro Area School District. Date Notified: Copy of Letter Attached: Signature Dates of suspension: Attendance record attached "Please complete Dropout Reason and Post "Please complete Dropout Amman and aunt Graduate/Dropout Activity sections ........egonnour Acovny secuons — Dropout Reason: Post Graduate/Dropout Activity: ❑Academic Problems ' 0 Farm Worker ❑Behavior Problems ❑Homemaker °Child,Married or Pregnancy ❑Military ['Disliked School ❑White Collar Worker ❑Other Reason ❑Blue Collar Worker ❑Runaway or Expelled ['Service Worker ❑Wanted to Work ❑Unemployed ❑Unknown D GED/Other Education D Independent Living �1 W CHILD ACCOUNTING OFFICE USE ONLY:Classification of Withdrawal A pate Entered r0 2 0 �ltials Parent/Guardian: In accordance with School Board Policy No.208,"No student of compulsory school ge(8-17)will be perm to withdraw without the written consent of a parent and other justification.' East Pennsboro Area School District has my permission to withdrawal my child's name from its rolls as of last date of membership as noted below. I have received and read the letter outlining withdraw process. I understand that my child will remain on EPASD's rolls until such time that documentation has been provided to EPASD confirming the enrollment • child in th ;eiving school district. q l Signature of parent or guardian: WI .. ' �, r\ Date: 1 ( !13 Parent/Guardian:When students leave ",st •ennsboro Area School District Schools,it is the policy of the it to secure the signature of the parent to grant permission to send public information to the receiving school district. In some cases,there may be confidential information in the cumulative folder,which could be useful to the new school. Please indicate your willingness to have confidential information sent to the new school. East Pennsboro Area School District may release such confidential information(including psychological reports)on my child which the counselor feels will be beneficial to his/her adjustment to the new school. NOTE:According to FERPA(Family Educational Rights and Privacy Act;34 CFR 99.31),"FERPA allows schools to disclose those records,without consent, to the following parties or under the • ng conditi•.1:Other schools to which a student is transferring;" IL Signature of parent or guardian: h & ■•1 Date: 9 i Teachers:This section certifies that the above named pupil has returned,in satisfactory condition,all books and school equipment loaned to him/her under my supervision. School property that is not returned is listed below. Use reverse side for additional space. <.- , r--�'€?'Subfuse/Triachtr`° ,e,a,`''*„ r tt.. Grade toDaMfi - - :>,= Materials Not Returned" a .: Teacher Slgneprr :'; k ..Itt.......(4. The above-mentioned student's last dated membership is: `► /i 3/13 . Signature/Date of School Administrator Updated 1/2013 1 Form we-1 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: I a �� 13 Christina R. Thorn, Mother 1 f_' 2'!3DEC -9 P 3: 3t JOSEPH A. THORN, : IN THE COURT OF COMMON PLEAS,, Plaintiff : CUMBERLAND COUNTY, PENNSYLVA!, . F'?1 L SYL' J co L.`�' V HII\ vs. : No. 2004 - 5228 Civil Term CHRISTINA R. THORN, : CIVIL ACTION - LAW Defendant : IN CUSTODY CRIMINAL RECORD /ABUSE HISTORY VERIFICATION I, CHRISTINA R. THORN, 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 plead 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 Sentence All that household convictions apply member guilty plea, no 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) 18 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) _ 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 indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) _ 18 Pa.C.S. §3130 (relating to conduct Relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and relating offenses) _ 18 Pa.C.S. §4302 (relating to incest) _ 18 Pa.C.S. §4303 (relating to concealing death of child) _ 18 Pa.C.S. §4304 (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) 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 unlawful contact with minors) 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 Self Other Date all that household apply members A finding of abuse by 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. 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 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. tgn . rP�ir a ame 24 Date: I a-- 1p —13 JOSEPH A. THORN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-5228 CIVIL ACTION LAW "+ -:• cta - CHRISTINA R. THORN �LLn IN CUSTODY z DEFENDANT cJ ORDER OF COURT r r.? AND NOW, Tuesday,December 10,2013 , 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,January 14,2014 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. 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. Cumberland County Bar Association co-f,.Es f c,1 L1,� 32 South Bedford Street v Carlisle, Pennsylvania 17013 V 5 Telephone (717)249-3166 J . (444? J. I'y p /01..pfp r . .. JOSEPH A. THORN, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA v. • No. 04-5228 CIVIL ACTION LA\ • 4, C_- rn CHRISTINA R. THORN, : IN CUSTODY =rn z Defendant • w Prior Judge: Christylee L. Peck, J. 3 .'" N _ r'- ORDER OF COURT card ' AND NOW this .2,2✓)L4 day of January 2014,upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Mother's petition for contempt is hereby held in abeyance for a period of two months from the date of the instant Order; thereafter, said petition is DISMISSED without prejudice. 2. No party is disputing that Father relocated with the Child to Philadelphia without adhering to the required procedure under Pennsylvania law. However,because the parties came to an agreement in regard to the custodial arrangement, it is deemed that any objection by Mother to Father's relocation is hereby waived. 3. Legal Custody: The Father, Joseph Thorn, and the Mother, Christina Thorn, shall have shared legal custody of Keelan Rae Thorn,born 02/06/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including,but not limited to,medical, dental,religious or school records,the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information,that parent shall be required to share the same, or copies thereof,with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Each parent shall inform the other, and provide copies of any documents if possible, of any scheduled school meetings or events,report cards, progress reports, medical or dental appointments and any scheduled extra-curricular or sporting events concerning Keelan and her welfare. 4. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows. It is expressly understood that due consideration shall be given by each parent in regard to Keelan's desire, or lack thereof,to spend time with Mother. a. For a period of two months, Mother shall have partial physical custody on alternating Saturdays from 9 am until 5:30 pm. The Saturdays shall be alternated between occurring in Philadelphia and in Carlisle with the first Saturday in Philadelphia. For the Saturdays in Carlisle, Mother shall pick Keelan up in Philadelphia at 9 am and Father shall pick Keelan up in Carlisle at 5:30 pm. b. Then for a period of two months, Mother shall have custody on alternating weekends from Saturday 9 am until Sunday 5:30 with the non-custodial parent picking Keelan up (Mother picks up Saturday morning, Father picks up Sunday evening). s J c. Starting the fifth month, Mother shall have custody on the third weekend of every month from Friday 6 pm until Sunday 5:30 pm with the non-custodial parent picking Keelan up. d. Mother shall additional custodial periods with Keelan by agreement of the parties. 5. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with a mutually-agreed upon professional. The purpose of the counseling is to address and repair the relationship between Mother and daughter. The cost of said counseling, after appropriate payment through insurance, (the co-pay if any) shall be borne by Mother. 6. Drug and Alcohol Evaluation: Mother has agreed to, and shall, continue to engage in counseling until successfully discharged. 7. The non-custodial parent shall have liberal telephone/text/email contact with the Child on a reasonable basis. 8. Holidays: Mother's/Father's Day: Each parent shall have custody of Keelan from Friday 6:00 pm until Sunday 5:30 pm on their respective days. Christmas: In even years,Father shall have custody until 12/26 at 12 pm and Mother shall have from 12/26 12 pm until 12/28 12 pm. In odd years, Mother shall have from 12/24 12 pm until 12/26 12 pm and father shall have custody starting at 12/26 12 pm. Thanksgiving: This holiday shall be alternated from Wednesday 12 pm until Friday 12 pm with Mother having this holiday in even years and Father in odd years. Fourth of July: This shall be alternated from 07/03 12 pm until 07/05 12 pm with Father having this in even years and Mother in odd years. Easter: This holiday shall also be alternated from Saturday 4 pm until Sunday 5:30 pm with Mother in even years and Father in odd years. The non-custodial parent shall pick up Keelan to have custody. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency,the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. Mother is specifically directed to not have any alcohol in her residence. Neither party shall consume any alcohol prior to transporting Keelan. 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. 12. 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. 4 13. The parties have the option of contacting the assigned conciliator for a conference before June 2014; thereafter the parties must file a petition to modify. 14. 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. Distribution: 4e Adams,seph Thorn, 504 Seville St., Philadelphia, PA. ?31ohn J. Mangan, Esquire ecries ( L //.13fiy �r� JOSEPH A. THORN, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. ▪ No. 04-5228 CIVIL ACTION LAW • CHRISTINA R. THORN, • IN CUSTODY • Defendant Prior Judge: Christylee L. Peck, 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 Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Keelan Rae Thorn 02/06/2001 Primary Father 2. A Conciliation Conference was held with regard to this matter on June 26,2012, an Order issued July 9, 2012, a status conference was held August 22, 2012, an Order issued September 06, 2012, a conference was held February 22, 2013 in regard to Mother's petition for contempt, an Order issued February 26,2013, a status conference was held April 24, 2013, an Order issued May 07, 2013, Mother filed a petition to modify/contempt and a conference was held January 14, 2014 with the following individuals in attendance: The Mother, Christina Thorn,with her counsel, Jane Adams, Esq. The Father,Joseph Thorn, self-represented party 3. The undersigned recommends the entry of an Order in the form as attached. / 6// Date Jo ngan, Esquire Cu tod Conciliator