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HomeMy WebLinkAbout05-2921 Lori K. Serratelli, Esquire Pa, Supreme Court lD No, 27426 Serratelli. Schiffman, Brown and Calhoon. p,c. 2080 Linglestown Road Suite 201 Harrisburg. Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ()~-~9JI {!'-v; tT&1'Yl STEVEN D, THOMAS, Defendant CIVIL ACTION - LAW IN CUSTODYNISITATlON COMPLAINT FOR CUSTODY I, Plaintiff is Erin D, Thomas, an adult individual who currently resides at 6045 Westbury Drive, Enola, Cumberland County, Pennsylvania 17025, 2, Defendant is Steven D, Thomas, an adult individual who currently resides at 3711 Falkstone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, 3, Plaintiff seeks shared legal custody and primary physical custody of the following children: Name Present Residence Date of Birth Madison Thomas 6045 Westbury Drive Enola, P A November 27, 1999 Ella Thomas 6045 Westbury Drive Enola, P A May 22, 2003 " Madison Thomas was not born during the parties' marriage and Ella Thomas was born during the parties' marriage, The children are presently in the custody of Plaintiff who resides at 6045 Westbury Drive, Enola, Cumberland County, Pennsylvania 17025, 4, During the past five years, the children have resided with the following persons and at the following addresses: A Plaintiff Erin D, Thomas 6045Westbury Drive Enola, Pennsylvania April 13, 2005 - Present B. Plaintiff Erin D, Thomas Defendant Steven D, Thomas 3711 Falkstone Drive Mechanicsburg, Pennsylvania August, 2000 - April 13,2005 C. Plaintiff Erin D, Thomas Defendant Steven D, Thomas 4195 Nantucket Drive Mechanicsburg, Pennsylvania November, 1999 - August, 2000 5, The mother of the children is Plaintiff Erin D, Thomas, who is currently residing at 6045 Westbury Drive, Enola, Pennsylvania 17025, She is separated from Defendant 6, The father of the children is Defendant Steven D, Thomas, who is currently residing at 3711 Falkstone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, He is separated from Plaintiff 7, The relationship of Plaintiff Erin D, Thomas to the children is that of Mother. The Plaintiff resides with the following persons: Name Relationship Maryalin Lubold Chris Lubold Jason Lubold Nicholas Lubold Ethan Lubold Girlfriend Girlfriend's husband Girlfriend's son Girlfriend's son Girlfriend's son 8, The relationship of Defendant Steven D. Thomas to the children is that of Father. The Defendant does not reside with anyone, 9, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe children in this or another court, Plaintiffhas no infonnation of a custody proceeding concerning the children pending in a court of this Commonwealth, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 10, The best interest and pennanent welfare ofthe children will be served by granting the relief requested because Plaintiffhas been the primary care giver for the children since birth and she is able to provide a nurturing, loving and stable home environment for the children, II. Each parent whose parental rights to the children, which have not been tenninated, and the person who has physical custody of the children, has been named as parties to this action, There are no other persons who are known to have a claim or right to custody or visitation in this matter. . . . WHEREFORE, Plaintiff requests this Honorable Court to grant shared legal custody and primary physical custody of the child to Plaintiff, Erin D, Thomas, subject to periods of partial physical custody with Defendant, Steven D, Thomas, Respectfully submitted, SERRA TELL! SCHIFFMAN BROWN & CALHOON Lori K, Serratelli, Es uire Attorney No, 27426 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff .' . . .. . VERIFICATION Upon my personal knowledge, information and belief, I, Erin D, Thomas, do hereby verifY that the facts averred and statements made in the foregoing Complaint are true and correct I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa,C,S,A 94904 relating to unsworn falsification to authorities, Date: c::; (- -j; /--t' <-- / ~ By: cj//3/CS- Erin D, Thomas/ i (J~ 1~ w lrt - D ..... "'VJ ..c:: ?3 ~ ..0 CJ {).J ~ -....( () s <~ ,Tr-- ~-,> -;.. ;:;>, ",: ::;~' > ~:~':u , ~~: ~.:' ~~. ~~-~ ~ ..., = = o:n <-. c: :;z: ~e :i! rn::!J :g~r- rJ =E~ 0-- 10 Om --j ~ I -J -0 ::;;: ~ ERIN D, THOMAS, Plaintiff v, : NO, DS -.;2'1"< ( . CIVIL ACTION - LAW : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA elL); L~'dL~ STEVEN B. THOMAS, Defendant : IN CUSTODY STIPULATION OF THE PARTIES AND NOW, comes the Defendant, Steven D, Thomas, and the Plaintiff, Erin D, Thomas, who do hereby stipulate and agree that the following shall be the standard of custody and visitation which shall prevail and do consent to the entry by this Court of an Order incorporating the terms of the Stipulation, L Defendant, Steven D, Thomas (the "Father"), and the Plaintiff, Erin D, Thomas (the "Mother"), are the natural parents of the minor children, Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22,2003 (collectively, the "Minor Children"), 2, The Father and the Mother shall maintain joint legal custody of the Minor Children, 3, The Father and the Mother shall maintain joint physical custody of the Minor Children pursuant to the following schedule: (a) Week One: Wednesday through Thursday: Mother Friday through Sunday: Father Monday through Tuesday: Mother (b) Week Two: Wednesday through Thursday: Father Friday through Sunday: Mother Monday through Tuesday: Father (c) Week Three and Subsequent Weeks: Schedule for weeks one and two will repeat and continue to alternate, (d) At all other times as agreed upon by the parties, 4, All holidays will be shared between the Mother and the Father as agreed upon by the parties, 5. Each party will be entitled to exercise two (2) consecutive or nonconsecutive weeks of uninterrupted custody with the Minor Children each year. The Mother and the Father agree to provide notice of their intent to exercise their uninterrupted periods of custody to the other parent at least forty-five (45) days prior to the commencement of such period, 6, The Mother and the Father acknowledge that it is in the best interest of their Minor Children that each parent keep the other informed of the Minor Children's progress, and for any change in their health or any medical crisis, The Mother and the Father agree to consult with each other and to have equal input with regard to any major decisions which will impact their children's progress and/or physical and mental health, this will include the Minor Children's academic progress, 7, The Mother and the Father also acknowledge that it is in the best interest of their Minor Children that they have the benefit of each parent's parental guidance and each agrees to refrain from allowing the Minor Children to be exposed to the personal animosities that may exist between each other. 8, The Mother and the Father agree, in addition to any provisions which may be contained herein regarding joint legal custody, the Mother and the Father shall have the following rights with respect to the Minor Children: 2 (a) Reasonable telephone calling privileges; (b) Access to report cards and other relevant information concerning the progress of the Minor Children in school; (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency, and provided that such approval shall not be unreasonably withheld; and (d) Approval of summer camps and schools, provided that such approval shall not be unreasonably withheld, 9, The Mother and the Father shall, ifhe or she is not going to be able to affect a period of physical custody, for other than health reasons, give the other party at least seventy-two (72) hours advance notice of his or her inability to affect the shared custody, 10, If either the Mother or the Father decides to relocate farther than fifty (50) miles from their present residence, they agree to provide the other party with six (6) months notice prior to such relocation, thus giving the other parent an opportunity to modifY the current Custody Order entered pursuant to this Stipulation, 11, The parties agree that they will inform the other party if they intend to travel with any of the Minor Children more than one hundred (100) miles from their residence, Such notice shall include the intended destination, the departure and arrival times, In addition, each parent agrees to provide accurate contact information so that the parent not exercising custody at that time will be able to reach the Minor Children immediately, 3 12, In the event that either party breaches any provision of this Order and Stipulation, and the other party retains counsel to assist in the enforcement of the terms thereof, the parties hereby agree that the breaching party will pay all attorneys' fees, court costs, and expenses incurred by the other party in enforcing this Order and Stipulation, 13, The parties acknowledge that the that the Father has been represented by counsel throughout the process of executing this Stipulation, The parties further acknowledge that Mother has also been represented by counsel throughout the process of executing this Stipulation, IN WITNESS WHERE Stipulation this 3& day of , the parties hereto have placed their hands and seals to this ,2005. WITNESS: ERIN D, THOMAS ??~~A---- STEVEN B. THOMAS L~~ ------ ..,----,.- home/tlf/stipslthomas 4 . COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1) /la fW I AJ On this, the 3R.d day of J tL JO <2/ , 2005, before me, the undersigned officer, personally appeared, STEVEN B. THOMAS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained, : SS, IN WITNESS WHEREOF, I hereunto set my hand and official seal, ~4J~ Notary Public -'-~ ~.~--- Notarial Spa) . Linda B. Deaven, NOt3f'f publiC. \ City Of Harrisburg: Dauphm Coun,y t,,Ily Commission EX~lres Feb. 25, ,2~~,~ .;-;D~:h,,, penn:.>..rlVaniaAsSOCiationol Nctuies """-.,,......, j COMMONWEALTH OF PENNSYLVANIA ~"'".L_' :SS, COUNTY OF d::-/~r--'- On this, the ~day of ?J1 ~ ' 2005, before me, the undersigned officer, personally appeared, ERIN D, THOMAS, known to me (or satlsfactonly proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAl. SEAL DEBRA A EVANGEUsn NoIor{ Public ~ 1WP.OAUPH1N COUNlV My Commlll/on Expires May 7, 2001 Jkl~' taA?~ Nota Public {Tl'v(} /;\11\'';' \.':i'" ~L",l 0~ r':" .: ct'( " :r-~ .' ~8 :c: =< (j c: ;;:.. ,. . ~') '",':' f.\l'i~iJ"~,', ,.,"\,' ,,'f.1 II,. "-' = = c.ro <- C~.: ;Z o ., "? ni::rJ -Ogr- :U ~( .:r::J; n!J ~5Z (") om ~ -< I -' " ::!I: ry RECEIVED JUN 08 2005.iD v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ~ NO. DS- - .J9J.( (]{~~t:-r<dL~ : CIVIL ACTION - LAW ERIN D. THOMAS, Plaintiff STEVEN B. THOMAS, Defendant : IN CUSTODY ORDER AND NOW, this iZ day of ~ ~ ' 2005, the parties haviog stipulated to the entry of an Order of Custody, it is hereby ORDERED AND DECREED that custody of the Minor Children, Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22,2003, shall be as follows: 1. Defendant, Steven D. Thomas (the "Father"), and the Plaintiff, Erin D. Thomas (the "Mother"), the natural parents of the minor children, Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22, 2003 (the "Minor Children"), shall have joint legal custody of the Minor Children. 2. The Father and the Mother shall maintain joint legal custody of the Minor Children. 3. The Father and the Mother shall maintain joint physical custody of the Minor Children pursuant to the following schedule: (a) \Veck One: Wednesday through Thursday: Mother Friday through Sunday: Father Monday through Tuesday: Mother (b) Week Two: Wednesday through Thursday: Father Friday through Sunday: Mother Monday through Tuesday: Father , . (c) Week Three and Subsequent Weeks: Schedule for weeks one and two will repeat and continue to alternate, (d) At all other times as agreed upon by the parties. 4. All holidays will be shared between the Mother and the Father as agreed upon by the parties. 5, Each party will be entitled to exercise two (2) consecutive or nonconsecutive weeks of uninterrupted custody with the Minor Children each yeaL The Mother and the Father agree to provide notice of their intent to exercise their uninterrupted periods of custody to the other parent at least forty-five (45) days prior to the commencement of such period. 6. The Mother and the Father acknowledge that it is in the best interest of their Minor Children that each parent keep the other informed of the Minor Children's progress, and for any change in their health or any medical crisis. The Mother and the Father agree to consult with each other and to have equal input with regard to any major decisions which will impact their children's progress and/or physical and mental health, this will include the Minor Children's academic progress. 7. The Mother and the Father also acknowledge that it is in the best interest of their Minor Children that they have the benefit of each parent's parental guidance and each agrees to refrain from allowing the Minor Children to be exposed to the personal animosities that may exist between each other. 8. The Mother and the Father agree, in addition to any provisions which may be contained herein regarding joint legal custody, the Mother and the Father shall have the following rights with respect to the Minor Children: 3 (a) Reasonable telephone calling privileges; (b) Access to report cards and other relevant information concerning the progress of the Minor Children in school; ( c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency, and provided that such approval shall not be unreasonably withheld; and (d) Approval of summer camps and schools, provided that such approval shall not be unreasonably withheld. 9. The Mother and the Father shall, ifhe or she is not going to be able to affect a period of physical custody, for other than health reasons, give the other party at least seventy-two (72) hours advance notice of his or her inability to affect the shared custody, 10. If either the Mother or the Father decides to relocate farther than fifty (50) miles from their present residence, they agree to provide the other party with six (6) months notice prior to such relocation, thus giving the other parent an opportunity to modify the current Custody Order entered pursuant to this Stipulation, 11. The parties agree that they will inform the other party if they intend to travel with any of the Minor Children more than one hundred (100) miles from their residence. Such notice shall include the intended destination, the departure and arrival times. In addition, each parent agrees to provide accurate contact information so that the parent not exercising custody at that time will be able to reach the Minor Children immediately. 4 12. In the event that either party breaches any provision of this Order and Stipulation, and the other party retains counsel to assist in the enforcement of the terms thereof, the parties hereby agree that the breaching party will pay all attorneys' fees, court costs, and expenses incurred by the other party in enforcing this Order and Stipulation. 13, The parties acknowledge that the that the Father has been represented by counsel throughout the process of executing this Stipulation. The parties further acknowledge that Mother has also been represented by counsel throughout the proeess'oi~x~~ Stipulation. L/ BYoL - --.. ----- 1. Dated: ,2005 5 FILE[}"OFFICE OF rq:: ,Dron'l i-:()r\!(.J'-ll.P'( t r to.- I -l. "" : ,'"./ i ~, l U I Z005 JUri 13 p.H 10: 3 I ~~. 1 s- .J: ~): - -~~ '-~~ ~ ~- l ~ -----' - ----------- Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff ERIN D, THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, NO, BQ~ ~ 2QOI 6S-..29.;1 ( CNIL ACTION - LAW STEVEN D, THOMAS, Defendant CUSTODY PETITION FOR LEAVE TO WITHDRAW APPEARANCE AND NOW COMES, Lori K. Serratelli, Esquire, of the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P,C, and respectfully represents as follows: 1. Petitioner, Lori K, Serratelli, Esquire, represented the Plaintiff, Erin D. Thomas, in the above-captioned matter. 2. The Plaintiff dismissed Lori K. Serratelli as her attorney on or about December 29, 2005 (see Authorization attached as Exhibit "A"). petitioner returned the content of her file and informed her via voice mail message that she would be withdrawing from the case. 3. Petitioner has informed Defendant directly, as he has terminated his counsel, Kelly Knight, Esquire, by letter dated January 6, 2006 that she no longer represents the Plaintiff, 4, There are no matters currently scheduled for this Court within any time that will not allow Plaintiff sufficient opportunity to obtain new counsel if she so chooses. WHEREFORE, petitioner respectfully requests that this Honorable Court grant Petitioner's request for leave to withdraw. Respectfully submitted, ) Lori Serratelli, Esquire S~~ ELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 I.D. No. 27426 ERIN D, THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, NO, 1305-S-2001 CIVIL ACTION - LAW STEVEN D, THOMAS, Defendant CUSTODY CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this ~ day of ~(>-"''-'A''j , 2006, I served a copy of the foregoing Petition for Leave to Withdraw by first-class mail, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, to the following person(s) : Erin D. Thomas 4173 Grouse Court Mechanicsburg, PA 17050 Steven D. Thomas 3711 Falkstone Drive Mechanicsburg, PA 17050 r ~~~~, C\Q Lor~' ~~serratelli, Esquire SEdRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 I.D. No. 27426 ~/l\)~,f If ERIN D. THOMAS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 1305-S-200l : CNIL ACTION - LAW STEVEN D. THOMAS, Defendant : CUSTODY AUTHORIZATION I, Erin D. Thomas, Plaintiff in the above-captioned matter, hereby authorized Lori K. Serratelli, Esquire to withdraw her appearance as my attorney in the above captioned matter, pursuant to my request. /2-/2'1/05 f Date :?if~ . ~ Enn D. Thomas . C' {~; "'" C.:-> , L_ 2";: ~'- I \D -,1 c,) () -'it :::::1 rli:n , fT', 'T' C-I ,';': ("..., t.r; .':::1 D '} IAN 1 0 2006 1 ERIN D. THOMAS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 80S S 200l oS.;1.9 ~ I : CNIL ACTION - LAW STEVEN D. THOMAS, Defendant : CUSTODY ORDER AND NOW, upon consideration of the foregoing Petition, it is hereby Ordered and Decreed that Lori K. Serratelli, Esquire is hereby granted leave to withdraw her appearance in the above- captioned matter. <;7 Date: ~~t1 . , 1-{JO b ~y ~~~ I)~' ) ')' '- ..\ c;\ 1'::;:) C.::J ("-J -, ~~j ~" /::; ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005-2921 Civil Tern] STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW CUSTODY PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Steven D. Thomas, in the above-captioned matter. Respectfully submitted, BY: 1........... . L' L"''''<-H ~ 7. ( .c, 1'U / .j;:::::. .... , iane M, Dils, Esquire !OI7 North Front Street Harrisburg, PAl 71 02 (717) 232-9724 LD. No. 71873 Date: March 2, 2006 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN D. THOMAS, Plaintiff v. ) ) ) ) ) ) ) NO. 05-2921 CIVIL TERM STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR ENTRY OF AGREED UPON MODIFICATION OF CUSTODY ORDER AND NOW, come the parties to the above-captioned action, by and through their counsel, and stipulate and agree that the custody order in the above-referenced case of June 13, 2005 shall be modified as follows and consent to the entry by this Court of an order incorporating the terms of the Stipulation. I. Paragraphs 3, 4,5,6, and 7 of the June 13,2005 Order shall be deleted in their entirety and replaced with the following: 3. Physical Custody Schedule. Father and Mother shall maintain joint physical custody of the minor children with Mother having physical custody of the children commencing every Monday morning until Wednesday morning and every other weekend commencing Friday morning until Monday morning and with Father having physical custody of the children commencing every Wednesday morning until Friday morning and every other weekend commencing Friday morning until Monday morning. Transportation shall be the responsibility of the party relinquishing physical custody and said party shall deliver the children to the other party's residence no earlier than 7:45 a.m. but no later than 8:30 a.m. , In addition, on the Fridays of Father' s weekends, Mother shall provide the day care for the children unless Father takes off from work and will be with the children himself and has given notice of same to Mother by 8:30 a.m. of the preceding Wednesday morning. The parties shall cooperate in rearranging the foregoing schedule as necessary to accommodate the other party's work or family obligations. 4. Holidays. (a) Christmas. Commencing in 2006 and in all even years thereafter, Mother shall have custody of the children from 9:00 a.m. on December 24th through 2:00 p.m. on December 25th and Father shall have custody from 2:00 p.m. on December 25th through 8:00 p.m. on December 26th. Commencing in 2007 and in all odd years thereafter, Father shall have custody of the children from 9:00 a.m. on December 24th through 2:00 p.m. on December 25th and Mother shall have custody from 2:00 p.m. on December 25th through 8:00 p.m. on December 26th. (b) New Year's Day. Commencing in 2006 and in all even years thereafter Father shall have custody of the children from December 31" at 9:00 a.m. through January I" at 5:00 p.m. and Mother will have custody from 5:00 p.m. on January I" through 8:00 p.m. on January 2"d Commencing in 2007 and in all odd years thereafter, Mother shall have custody of the children from 9:00 a.m. on December 31't until 5:00 p.m. on January I't and Father will have custody from 5:00 p.m. on January I't through 8:00 p.m, on January 2"d. 2 , (c) Easter. Easter Sunday will be alternated between the parties from year to year with Mother having Easter Sunday commencing in 2006. If the party entitled to Easter Sunday does not have custody of the children that weekend, that party shall have custody from 9:00 a.m. until 8:00 p.rn. on Easter Sunday and shall provide all transportation. (d) Memorial Day and Labor Dav. The parties shall alternate Memorial Day and Labor Day weekends; the weekend will end on the Tuesday morning after the holiday when the children will be returned to Mother between 7:45 and 8:30 a.m. In odd- numbered years, Mother will have Memorial Day weekend and Father will have Labor Day weekend; in even-numbered years, Mother will have Labor Day weekend and Father will have Memorial Day weekend. (However, because of a pre-arranged swapping of time between Mother and Father as set forth in paragraph 5(b)( I) hereafter, Mother will also have the Memorial Day weekend in 2006.) (e) July 4th. The party who has custody of the children, pursuant to the regular schedule, on this holiday, shall maintain custody of the children on this holiday. (1) Thanksl!ivinl!. Mother will have Thanksgiving Day from 2:00 p.m. on Thanksgiving Eve until 2:00 p.m. on Thanksgiving Day in all even numbered years and Mother shall be responsible for all transportation for this custody exchange. (g) Mother's DavlFather's Dav. Mother shall always have custody of the children on Mother's Day and Father will always have custody of the children on Father's Day. Ifthe party entitled to Mother's/Father's Day does not otherwise have custody that 3 . , weekend as per the regular schedule, that party shall be entitled to custody on that day from 9:00 a.m. until 8:00 p.m. and shall provide the transportation. (h) Children's Birthdays. The parent not having custody of the children on a child's birthday shall have custody of both children on the child's birthday for at least two (2) hours and said parent shall provide the transportation. The two (2) hours shall be scheduled at a time mutually agreed upon by both parties recognizing that the birthday could fall on a weekday, which mayor may not be a school day, or a weekend. However, absent agreement, the out-ot:custody parent shall have both children from 5:00 p.m until 7:00 p.m.; (i) President's Day. Father shall have every President's Day (celebrated on a Monday in February of each year) from 8:00 a.m. to 6:00 p.m. upon seven (7) days advance notice to Mother that he will exercise custody on that day and so long as he takes otfwork and is with the children himself. 5. Vacations. (a) Each party shall be entitled to exercise for the year 2006 two (2) non-consecutive weeks, and for the year 2007, three (3) non-consecutive weeks and for the year 2008 and thereafter, four (4) non-consecutive weeks of uninterrupted custody with the minor children each year upon forty-five (45) days advance written notice to the other party. Absent approval of the other party, which approval shall not umeasonably withheld: (l) Said period shall consist of seven (7) consecutive days and shall include the requesting party's weekend of custody; and 4 . . (2) Neither party shall be entitled to choose a week of custody ifit encompasses one of the other party's holidays. (b) Notwithstanding the foregoing: (I) Father shall have custody for the period of May 18-22, 2006 for the purposes of taking the children to Disney World, even though this period encompasses Mother's regular weekend; in exchange, Mother shall have custody of the children the following weekend (including Memorial Day). This trip shall not constitute a part of Father's two weeks of non-consecutive vacation weeks for the year 2006. (2) In the event Father takes an anticipated trip to Japan with Madison, one of his otherwise non-consecutive weeks shall be for a period of eleven (II) consecutive days upon forty-five (45) days advance written notice to Mother; Father will still have one additional week remaining if the trip is taken in 2006 and two if taken in 2007. 6. Cooperation, Both Mother and Father shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day non-major decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. 95309, each party shall be entitled to complete and full information from any doctor, 5 . dentist, teacher, professional or authority and to have copies of any reports or infonnation given to either party as a parent as authorized by statute. The parent with physical custody during any given period oftime shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall promptly notity the other parent of any changes in health or educational progress. Both parents shall execute any and all legal authorizations so that the other parent may obtain infonnation from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 7. Respect for Other Parent. Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall prevent third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent agrees to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intennediary. 2. Paragraph 8(a) (telephone privilege) shall be modified to read in its entirety as follows: 6 - . (a) The parties shall have the right to speak to the children on the phone two (2) times per day. The custodial parent shall place the call to the other parent between 8:00 a.m. and 10:00 a.m. and, for the second call, between 7:30 p.m. and 8:30 p.m. unless prior arrangements are agreed upon by the parties. Calls to Mother will be placed to her cell phone: (717) 802-2221 and calls to Father will be placed to his cell phone: (717) 364-6765 and ifno answer, to his residence phone: (717) 732-7275. If the party entitled to receive the call does not receive the call by 10:00 a.m. or 8:30 p.m., that party may place a call to the other party at 10:00 a.m. or 8:30 p.m., however this remedy is intended to be rarely needed and is not intended to supplant the duty of the custodial parent to place the call as required herein. If the telephone number of a party changes, the party with the changed number shall notify the other party in writing ofthe new number and thereafter, said party shall place the call to the new number. 3. The following language shall be added as subsection (el to paragraph 8 of the June 13,2005 court order: (e) In the event either party has to be away from the children during his/her custodial period for a period in excess off our (4) hours, (except for periods during the normal work schedule between 8:00 a.m. and 6:00 p.m. Monday through Friday when the non- custodial parent is working) the custodial parent shall provide the non-custodial parent with the right of first refusal to be the child care provider for the children during said custodial parent's entire absence; 7 " 4. Paragraph 10 of the June 13,2005 court order shall be amended to change the restricted distance from fifty (50) miles to twenty (20) miles. 5. Paragraph 2 of the June 13,2005 court order shall be deleted as redundant to paragraph 1 thereof and a new paragraph 2 shall be added to read in its entirety as follows: 2. RESTRICTIONS. (a) Father shall not abuse, harass, stalk or threaten Mother in any place where she may be found; (b) Father shall be excluded from Mother's residence at 4173 Grouse Court, Apartment 105, Mechanicsburg, Pennsylvania, 17050 or any other permanent or temporary residence where Mother may live. Father shall have no right or privilege to enter or be present on the premises of Mother. This shall not operate to prevent or interfere with the regular and anticipated contact between the parties for the purposes of custody exchanges; (c) Father is prohibited from having any contact with Mother at any location, including but not limited to, Mother's business or place of employment. This shall not be construed to prohibit Father from attending activities of the children which he is otherwise not prohibited from attending, at which activities Mother is present, so long as Father has no contact with Mother; (d) Father shall not contact Mother by telephone or by any other means, including through third persons; (e) Father is prohibited from having any contact with Mother's relatives other than the children of the parties and Mother's maternal grandparents; 8 . . (f) Father shall not damage, destroy or dispose of in any manner any property owned by both parties or solely by Mother; (g) Father agrees that upon a finding by a court of competent jurisdiction that Father is in violation of any of the provisions of this paragraph 2 and in addition to any other remedies available to Mother at law or in equity, Father shall consent to the entry of a Protection From Abuse Order containing, at a minimum, the restrictions included in this paragraph 2; (h) Notwithstanding any of the foregoing provisions ofthis paragraph 2, Father may have contact with Mother by telephone for the legitimate purposes contemplated by this custody order, such as custody exchanges, medical/ emergency issues, etc. 6. The Order of June 13,2005, as modified hereby, is attached hereto in a form which may be signed by the Court. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this Stipulation this,n day of ~6(1)1i5 ,2006. . .' '.j L _/~/fvZ... ~.fr WITNESS . c~..,"~'~ -~---,,- C-......".?-~... ERIN D. THOMAS ....-- .""-~ ?~ ~~:.. STEVEN D. THOMAS 9 . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1), i"I.JL 'r ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared ERIN D. THOMAS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. ( GIVEN UNDER MY HAND AND SEAL OF OFFICE this J 3 ,t" day of ~-:; ~ Ii lArA v~1 ' 2006. '\ ~V~k (7. \Cttt~ Notary Public in~d for Commonwealth of Pennsylvania Typed or printed name of Notary: !)t.-.v-t'- J - t'J :~(~_ My commission expires: COMMOllMAlTN OF PfllNffiVANIA NOTARIAL SEAL DONNA J. KNISELY, NOTARY PUBUC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMI'ISSIO~ EJlPIRES APRil 28, 2008 10 ~ ~ . COMMONWEALTH OF PENNSYLVANIA COUNTYOFQ.(.(}).I.+_J I ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared STEVEN B. THOMAS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /7 f/.- day of ;1)Q{ "L , 2006. G:J~ [( ~l~ Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: ~E&(4 /I. FR'c My commission expires: lIOMAL~ PUIIIC dtr:=auRG. IWlPIUII to. 11'I COIlIIII!S1OII EXPIRES OCT. 24. 20lII 11 . ERIN D. THOMAS, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2005-2921 Civil Term v. STEVEN D. THOMAS, CNIL ACTION - LAW CUSTODY Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Kelly M. Knight, Esquire and the law firm Cunningham & Chemicoff, P.c. on behalf of the Defendant, Steven D. Thomas, in the above- captioned matter. Date: March 6, 2006 By: . . ERIN D. THOMAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2005-2921 Civil Term v. STEVEN D. THOMAS, CIVIL ACTION - LAW CUSTODY Defendant CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, secretary with the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Praecipe to Withdraw Appearance in the above-captioned matter was sent first class U.S. Mail, postage prepaid on this date, to the following: Diane M. Dils, Esquire 1017 North Front Street Harrisburg, P A 17102 John C. Howett, Jr., Esquire 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 CUNNINGHAM & CHERNICOFF, P.C. Date: March 6, 2006 By 2Y)UN71t?!(!~'( Stacy A. S nberger d 2320 North econd Street ' P.O. Box 60457 Harrisburg, PA 17110 (717) 238-6570 .""\ "., , r , yl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN D. THOMAS, Plaintiff v. ) ) ) ) ) ) ) CIVIL ACTION - LAW IN CUSTODY NO. 05-2921 CIVIL TERM STEVEN D. THOMAS, Defendant \V\ ORDE~ _ ,2006, pursuant to AND NOW, this day of the Stipulation for Entry of Agreed Upon Modification of Custody Order of the parties hereto dated February , 2006 and filed ofrecord in these proceedings, this Court's prior Order of June 13,2005 is hereby modified and restated in full as follows: I. Defendant, Steven D. Thomas ("Father"), and Plaintiff, Erin D. Thomas ("Mother"), the natural parents of the minor children, Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22, 2003 ("Minor Children"), shall have joint legal custody of the Minor Children. 2. RESTRICTIONS. (a) Father shall not abuse, harass, stalk or threaten Mother in any place where she may be found: (b) Father shall be excluded from Mother's residence at 4173 Grouse Court, Apartment 105, Mechanicsburg, PeIDlsylvania, 17050 or any other permanent or temporary residence where Mother may live. Father shall have no right or privilege to enter or be present on the premises of Mother. This shall not operate to prevent or interfere with the regular and anticipated contact between the parties for the purposes of custody e:xchanges; . (c) Father is prohibited from having any contact with Mother at any location, including but not limited to, Mother's business or place of employment. This shall not be construed to prohibit Father from attending activities of the children which he is otherwise not prohibited from attending, at which activities Mother is present, so long as Father has no contact with Mother; (d) Father shall not contact Mother by telephone or by any other means, including through third persons; (e) Father is prohibited from having any contact with Mother's relatives other than the children of the parties and Mother's maternal grandmother; (f) Father shall not damage, destroy or dispose of in any manner any property owned by both parties or solely by Mother; (g) Father agrees that upon a finding by a COUlt of competent jurisdiction that Father is in violation of any of the provisions of this paragraph 2 and in addition to any other remedies available to Mother at law or in equity, Father shall consent to the entry of a Protection From Abuse Order containing, at a minimum, the restrictions included in this paragraph 2; (h) Notwithstanding any of the foregoing provisions of this paragraph 2, Father may have contact with Mother by telephone for the legitimate purposes contemplated by this custody order, such as custody exchanges, medical/ emergency issues, etc. 2 3. PHYSICAL CUSTODY SCHEDULE. Father and Mother shall maintain joint physical custody of the minor children with Mother having physical custody of the children commencing every Monday morning until Wednesday morning and every other weekend commencing Friday morning until Monday morning and with Father having physical custody of the children commencing every Wednesday morning until Friday morning and every other weekend commencing Friday morning until Monday morning. Transportation shall be the responsibility of the party relinquishing physical custody and said party shall deliver the children to the other party's residence no earlier than 7:45 a.m. but no later than 8:30 a.m. In addition, on the Fridays of Father's weekends, Mother shall provide the day care for the children unless Father takes off from work and will be with the children himself and has given notice of same to Mother by 8:30 a.m. of the preceding Wednesday morning. The parties shall cooperate in rearranging the foregoing schedule as necessary to accommodate the other party's work or family obligations. 4. HOLIDAYS. (a) Christmas. Commencing in 2006 and in all even years thereafter, Mother shall have custody of the children from 9:00 a.m. on December 24th through 2:00 p.m. on December 25th and Father shall have custody from 2:00 p.m. on December 25th through 8:00 p.m. on December 26th. Commencing in 2007 and in all odd years thereafter. Father shall have custody of the children from 9:00 a.m. on December 24'h through 2:00 p.m. 3 on December 25th and Mother shall have custody from 2:00 p.m. on December 25th through 8:00 p.m. on December 26th. (b) New Year's Dav. Commencing in 2006 and in all even years thereafter Father shall have custody of the children from December 31" at 9:00 a.m. through January 1" at 5:00 p.m. and Mother will have custody from 5:00 p.m. on January I" through 8:00 p.m. on January 2"d. Commencing in 2007 and in all odd years thereafter, Mother shall have custody of the children from 9:00 a.m. on December 31 st until 5 :00 p.m. on January 1" and Father will have custody from 5:00 p.m. on January I st through 8:00 p.m. on January 2"d. (a) Easter. Easter Sunday will be alternated between the parties from year to year with Mother having Easter Sunday commencing in 2006. If the party entitled to Easter Sunday does not have custody of the children that weekend, that party shall have custody from 9:00 a.m. until 8:00 p.m. on Easter Sunday and shall provide all transportation. (d) Memorial Dav and Labor Day. The parties shall alternate Memorial Day and Labor Day weekends; the weekend will end on the Tuesday morning after the holiday when the children will be returned to Mother between 7:45 and 8:30 a.m. In odd- numbered years, Mother will have Memorial Day weekend and Father will have Labor Day weekend: in even-numbered years, Mother will have Labor Day weekend and Father will have Memorial Day weekend. (However, because of a pre-arranged swapping of time between Mother and Father as set forth in paragraph 5(b)(I) hereafter, Mother will also have the Memorial Day weekend in 2006.) 4 (e) Julv 4th. The party who has custody of the: children, pursuant to the regular schedule, on this holiday, shall maintain custody ofthe children on this holiday. (1) Thanksl!'ivinl!'. Mother will have Thanksgiving Day from 2:00 p.m. on Thanksgiving Eve until 2:00 p.m. on Thanksgiving Day in all even numbered years and Mother shall be responsible for all transportation for this custody exchange. (g) Mother's DaylFather's Dav. Mother shall always have custody of the children on Mother's Day and Father will always have custody of the children on Father's Day. If the party entitled to Mother's/Father's Day does not otherwise have custody that weekend as per the regular schedule, that party shall be entitled to custody on that day from 9:00 a.m. until 8:00 p.m. and shall provide the transportation. (h) Children's Birthdays. The parent not having custody of the children on a child's birthday shall have custody of both children on the child's birthday for at least two (2) hours and said parent shall provide the transportation. The two (2) hours shall be scheduled at a time mutually agreed upon by both parties recognizing that the birthday could fall on a weekday, which mayor may not be a school day, or a weekend. However, absent agreement, the out-of-custody parent shall have both children from 5:00 p.m until 7:00 p.m.; (i) President's Day. Father shall have every President's Day (celebrated on a Monday in February of each year) from 8:00 a.m. to 6:00 p.m. upon seven (7) days advance notice to Mother that he will exercise custody on that day and so long as he takes off work and is with the children himself. 5 5. VACATIONS. (a) Each party shall be entitled to exercise for the year 2006 two (2) non-consecutive weeks, and for the year 2007, three (3) non-consecutive weeks and for the year 2008 and thereafter, four (4) non-consecutive weeks of uninterrupted custody with the minor children each year upon forty-five (45) days advance written notice to the other party. Absent approval of the other party, which approval shall not unreasonably withheld: (I) Said period shall consist of seven (7) consecutive days and shall include the requesting party's weekend of custody; and (2) Neither party shall be entitled to choose a week of custody ifit encompasses one of the other party's holidays. (b) Notwithstanding the foregoing: (I) Father shall have custody for the period of May 18-22, 2006 for the purposes of taking the children to Disney World, even though this period encompasses Mother's regular weekend; in exchange, Mother shall hav(~ custody of the children the following weekend (including Memorial Day). This trip shall not constitute a part of Father's two weeks of non-consecutive vacation weeks for the year 2006. (2) In the event Father takes an anticipated trip to Japan with Madison, one of his otherwise non-consecutive weeks shall be for a period of eleven (II) consecutive days upon forty-five (45) days advance written notice to Mother; Father will still have one additional week remaining if the trip is taken in 2006 and two if taken in 2007. 6 6. COOPERATION. Both Mother and Father shall notifY the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day non-major decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time ofthe emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. 95309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall promptly notify the other parent of any changes in health or educational progress. Both parents shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 7. RESPECT FOR OTHER PARENT. Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the child and, to the 7 extent possible, shall prevent third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent agrees to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 8. The Mother and the Father agree, in addition to any provisions which may be contained herein regarding joint legal custody, the Mother and the Father shall have the following rights with respect to the Minor Children: (a) The parties shall have the right to speak to the children on the phone two (2) times per day. The custodial parent shall place the call to the other parent between 8:00 a.m. and 10:00 a.m. and, for the second call, between 7:30 p.m. and 8:30 p.m. unless prior arrangements are agreed upon by the parties. Calls to Mother will be placed to her cell phone: (717) 802-2221 and calls to Father will be placed to his cell phone: (717) 364-6765 and if no answer, to his residence phone: (717) 732-7275. If the party entitled to receive the call does not receive the call by 10:00 a.m. or 8:30 p.m., that party may place a call to the other party at 10:00 a.m. or 8:30 p.m., however this remedy is intended to be rarely l1eeded and is not intended to supplant the duty of the custodial parent to place the call as required herein. If the telephone number of a party changes, the party with the changed number shall notify the other party in writing of the new number and thereafter, said party shall place the call to the new number. 8 (b) Access to report cards and other relevant information concerning the progress ofthe Minor Children in school; (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency, and provided that such approval shall not b" unreasonably withheld; (d) Approval of summer camps and schools, provided that such approval shall not be unreasonably withheld; and (e) In the event either party has to be away from the children during his/her custodial period for a period in excess offour (4) hours, (except for periods during the normal work schedule between 8:00 a.m. and 6:00 p.m. Monday through Friday when the non- custodial parent is working) the custodial parent shall provide the non-custodial parent with the right of first refusal to be the child care provider for the children during said custodial parent's entire absence. 9. The Mother and the Father shall, ifhe or she is not going to be able to affect a period of physical custody, for other than health reasons, give the other party at least seventy-two (72) hours advance notice of his or her inability to affect the shared custody. 10. If either the Mother or the Father decides to relocate farther than twenty (20) miles from their present residence, they agree to provide the other party with six (6) months notice prior to such relocation, thus giving the other parent an opportunity to modify the current Custody Order entered pursuant to this Stipulation. 9 11. The parties agree that they will inform the other party if they intend to travel with any of the Minor Children more than one hundred (100) miles from their residence. Such notice shall include the intended destination, the departure and arrival times. In addition, each parent agrees to provide accurate contact information so that the parent not exercising custody at that time will be able to reach the Minor Children immediately. 12. In the event that either party breaches any provision of this Order and Stipulation, and the other party retains counsel to assist in the enforcem(~nt of the terms thereof, the parties hereby agree that the breaching party will pay for all attorneys' fees, court costs, and expenses incurred by the other party in enforcing this Order and Stipulation. 13. The parties acknowledge that each has had the opportunity to consult with counsel before executing the foregoing Stipulation. BY THE COURT: (' ? (~ J. \ /<4~ ,~ 3. n-{)~ ~ ~. W-.. , Go. ,J:~ M. S~ ,S-g. 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) CIVIL ACTION - LAW IN CUSTODY ERIN D. THOMAS, Plaintiff NO. 05-2921 CIVIL TERM STEVEN D. THOMAS, Defendant PLAINTIFF'S ANSWER TO PETITION FOR SPECIAL RELIEF AND MODIFICATION OF CUSTODY AND COUNTERCLAIM FOR CONTEMPT AND FOR COUNSEL FEES AND NOW, comes the Plaintiff, Erin D. Thomas, by and through her counsel, Howett, Kissinger, Conley & Holst, P.c., and files this Plaintiffs Answer to Petition for Special Relief and Modification of Custody and Counterclaim for Contempt and Counsel Fees and in support thereof avers as follows: ANSWER TO PETITION FOR SPECIAL RELlE}' AND MODIFICATION OF CUSTODY I. Admitted. However, by way of further answer, Petitioner/Defendant will hereinafter be referred to as "Father." 2. Admitted. However, by way of further answer, Respondent/Plaintiff will hereinafter be referred to as "Mother." 3. Admitted. However, by way of further answer, Madison Thomas will hereinafter be referred to as "Madison" and Ella Thomas will hereinafter be referred to as "Ella." 4. Admitted. By way of further answer the July 13, 2005 Order was modified by agreement of the parties by order dated March 14, 2006 and signed by Judge Bayley. A copy of . the March 14,2006 Order is attached hereto, marked Exhibit "A," and incorporated by reference herein as if set forth at length. 5. Admitted. By way of further answer, a copy of the Petition for Protection from Abuse is attached hereto, marked Exhibit "B," and incorporated by reference herein as if set forth at length. 6. Admitted. 7. Admitted. 8. Denied. To the contrary, the following changes were made to the custody stipulation at Father's request: A. New Years. Father requested time on New Years be changed from 2:00 p.m. to 5:00 p.m., Mother agreed and it was incorporated into the custody stipulation; B. Memorial Day/Labor Day. Father requested that the children be returned the next morning after these holidays, Mother agreed and it was incorporated into the custody stipulation; C. Thanks\:iving. Father requested that the Thanksgiving holiday be handled the same as the Christmas holiday, e.g., Wednesday at 2:00 p.m. to Thursday at 2:00 p.m., Mother agreed and it was incorporated into the custody stipulation; D. Vacation. i) Father requested four weeks of summer vacation instead of two. Mother countered offering two weeks in 2006, three weeks in 2007, and four weeks in 2008 and 2 thereafter to which Father ultimately agreed and it was incorporated into the final custody stipulation; ii) Father requested up to eleven consecutive days in 2006 or 2007 so that he could take Madison to Japan, Mother agreed and it was incorporated into the final custody stipulation; iii) Father requested that he be entitled to take both children to Disney World on a trip he won through work from May 18 through the 22"d, 2006 which encompassed Mother's weekend; Mother agreed so long as she received the following Memorial Day weekend; Father agreed to the counter-proposal and it was incorporated into the final custody stipulation. Subsequent to entry of the Order incorporating the agreed upon Stipulation and after telling the girls he was taking them to Disney World, Father reneged and told the girls to their great disappointment that he was not taking them to Disney World, instead going with his girlfriend, and through counsel, asked Mother to rearrange her schedule so that she would watch the children while he is on vacation at Disney World. Mother agreed to this requested change. E. Relocation Restriction. Father requested that the 50 mile restriction be changed to 20 miles, Mother agreed and it was incorporated into the final stipulation. F. PF A. Father requested that the Petition for Protection from Abuse Order be dropped, Mother agreed in exchange for language being added to the custody stipulation similar to the language in the PFA, to which Father agreed and it was incorporated into the final custody stipulation. 3 9. Neither admitted nor denied. After reasonable investigation, Mother is without sufficient information to form a belief as to whether or not Father received communication from his prior attorney and the context ofthat communication. However, if such a communication occurred and ifthe communication by the prior attorney was that Mother did not agree to any charges, said allegation is specifically denied as set forth in paragraph 8 above and strict proof is demanded at trial. 10. Neither admitted nor denied. After reasonable investigation, Mother is without sufficient information to form a belief as to the truth of the matter asserted and strict proof thereof, if relevant, is demanded at trial. 11. Neither admitted nor denied. After reasonable investigation, Mother is without sufficient information to form a belief as to the truth of the matter asserted and strict proof thereof, if relevant, is demanded at trial. 12. Neither admitted nor denied. After reasonable investigation, Mother is without sufficient information to form a belief as to the truth of the matter asserted. However, ifby asserting this allegation, Father is implying that the source of the "coercion and force" was Mother and/or Mother's counsel, this assertion is categorically denied. To the contrary, via faxed letter dated February 21,2006, Mother's counsel explained to Father's counsel that Mother would withdraw the PF A only upon certain conditions being met including, but not limited to, the execution of the custody stipulation (most of the terms of which were requested by Father and the balance of which were agreed to by Father) by close of business on February 22,2006. A copy of the February 21, 2006 letter is attached hereto, marked Exhibit "C," and incorporated by 4 reference herein as if set forth at length. A review of that letter evidences that there is no mention of Father going to jail and/or losing shared physical custody of his children and specifically states "Erin has agreed to most of the requests made by Steve and for those few which she did not agree I explained to you my reasons therefor." 13. Neither admitted nor denied. After reasonable investigation, Mother is without sufficient information to form a belief as to the truth of the matter asserted. However, by way of further answer, Mother's counsel was informed shortly before 5:00 p.m. on February 22, 2006 that Father had executed the stipulation. Moreover, Father delivered to the office of the undersigned, in compliance with the terms of the February 21, 2006 letter (Exhibit "C"), the requested checks and as set forth hereafter, the required tax documents. Mother's counsel therefore took the steps necessary to cancel and withdraw the PF A Petition. 14. Denied. To the contrary, after execution of the stipulation, Father obtained different counsel who immediately forwarded a letter via facsimile to MidPenn Legal Services and to Mother's attorney stating Father's position that the stipulation signed by Father via fax was null and void. Via telephone call on March 2, 2006, Father's new attorney advised Mother's attorney that Father would not agree to the entry of the order required by the stipulation, but asked for more time to speak to him about that issue. During that phone conversation, Mother's attorney advised Father's attorney that she had until the close of business the next day to obtain his notarized signature on the stipulated order and that if he would not agree to do so, that Mother's attorney would motion the court to enter the order and also request that Father be require to pay Mother's counsel fees in that regard. After consulting with his new attorney, 5 Father executed the stipulation and caused it to be hand-delivered to Mother's attorney on March 7,2006 along with the tax documents required by the February 21, 2006 letter. The fully- executed stipulation was presented to the court and in due course Judge Bayley executed the Order of March 14,2006 (referenced in paragraph 4 hereof and identified therein as Exhibit "A" hereto ). 15. Neither admitted nor denied. This allegation is a prayer for relief and does not require an answer. Moreover, the parties by their own conduct had substantially modified the June 13,2005 Order and had not been following it for many months. 16. Neither admitted nor denied. After reasonable investigation, Mother is without sufficient information to form a belief as to what Father believes is in the best interest of the children or his basis for such belief. However, by way of further answer, Mother believes that it is in the best interest of the children that the shared physical custody arrangement be continued but that ifthe parties are unable to share physical custody, the best interest ofthe children would require that she be the primary physical custodian of the children. 17. Denied. To the contrary, the only manner in which Father has broached co- parenting counseling is via his counsel's letter of March 7, 2006, the very last sentence of which states "it seems to me that these parties need co-parenting counseling as soon as possible." A copy of the March 7, 2006 letter is attached hereto, marked Exhibit "D," and incorporated by reference herein as if set forth at length. Mother has always advocated co-parenting counseling and has voluntarily participated in counseling 6 18, Denied. To the contrary, the provisions ofthe stipulated custody Order specifically provide Father with the ability to communicate with Mother concerning the children. Paragraph 2(h) of the Order provides in bold type: Notwithstanding any of the foregoing provisions of this paragraph 2, Father may have contact with Mother by telephone for the legitimate purposes contemplated by this custody order, such as custody exchanges, medical! emergency issues, etc. 19-20. Denied. To the contrary, it is Father who continually harasses Mother forcing Mother to terminate the communication. Moreover, despite the harassing and controlling nature of Father's behavior the parties are able to communicate in regard to the children including numerous requests by Father to change the schedule to which Mother has invariably agreed. 21. Denied. To the contrary, Mother has repeatedly advised Father how she can be reached. Father frequently and unreasonably demands that Mother tell him exactly where the children will be, on an hour to hour basis, the identity of anyone else who will be with the children, and what the children will be doing. 22. Denied in part, admitted in part. It is admitted that Father accused Mother of this despite knowledge that was communicated to Father's attorney prior to commencement of negotiations that Mother and Chris were no longer seeing each other. Denied that the conversation was in anyway acrimonious. In fact, Mother explained to Father that she and the children had merely run into Chris at the Farm Show; that Chris had not spanked either child; and that Mother would never allow anyone to lay a hand on the children. Father replied: "That is something we can agree on." 7 23. Admitted. However said required daily contact is solely for purpose of handing the phone to the children so the parties need not speak to each other and it is Father's behavior which is at fault as set forth above. WHEREFORE, Petitioner respectfully requests this Court dismiss Father's Petition for Special Relief and Modification of Custody. COUNTERCLAIM FOR CONTEMPT AND COUNSEL FEES 24. Paragraphs 1-23 above are incorporated by reference herein as if set forth at length. 25. Father has violated the custody order as follows: A. Paral!raph 2. The stipulated Order provides in pertinent part as follows: (a) Father shall not abuse, harass, stalk or threaten Mother in any place where she may be found; . . . (c) Father is prohibited from having any contact with Mother at any location, including but not limited to, Mother's business or place of employment; ... (d) Father shall not contact Mother by telephone or by any other means, including through third persons; Despite the foregoing, Father has hired another person or persons to stalk, follow and intimidate Mother, one of whom is named Matthew Houghton. B. Paral:raph 7. Paragraph 7 of the stipulated Order provides in pertinent part as follows: Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory 8 comments about the other parent in the presence of the child and, to the extent possible, shall prevent third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent agrees to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. Despite the foregoing, Father has among other things, told the children that Mother lies and that Mother is trying to take the children away from him by telling lies about him; that Mother is trying to send him to jail; that Mother is a pig; that Mother is a piece of crap; and that when Mother does not attend church that she doesn't love God. 26. Counsel fees may be awarded in contempt proceedings. Luminella v. Marocci, 814 A.2d. 711, 719 (Pa. Super 2002). 27. In addition, 42 Pa. C.S.A, ;}2503(7) provides authority for an award of counsel fees for dilatory, obdurate or vexatious conduct. Father's actions in filing this petition for special relief and modification and requesting that the stipulated order to which he agreed, after consultation with two attorneys, should be considered a null and void or should be modified after being in effect for less than two weeks can only be described as dilatory, obdurate and vexatious. 28. In addition, Paragraph 12 of the stipulated Order provides for an award of counsel fees ifthere is a breach of the Order. 29. Finally, paragraph 2(g) of the stipulated Order provides as follows: Father agrees that upon a finding by a court of competent jurisdiction that Father is in violation of any of the provisions ofthis paragraph 2 and in addition to any other remedies available to Mother at law or in equity, Father shall consent to the entry of a Protection From Abuse Order containing, at a minimum, the restrictions included in this paragraph 2. 9 WHEREFORE, Plaintiff respectfully requests this Honorable Court to, after hearing, make the following determinations: 1. Defendant is in contempt of the custody order; 2. Defendant shall reimburse Plaintiff for all attorneys fees and costs incurred by Plaintiff in the preparation of this responsive pleading and for any and all hearings held to address Defendant's pleading and Plaintiffs response and counter-claims thereto; 3. Direct the entry of a Protection from Abuse Order in accordance with paragraph 2(g) of the March 14,2006 Order; and 4. Such other equitable relief that this Court deems appropriate. Respectfully submitted, Date: 3-J.-q~00 'I (J . ,Iv). \ - Jo . Howett, Jr., Esquirlr' HOWETT, KISSINGER, CcJNLEi)& HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Erin D. Thomas, Plaintiff \{~l Cl 10 C KP,t It ,......... . _,,0, _ ,r,... . ':"l..I~',k;\ 1." :.. . Jy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA ERIN D. THOMAS, Plaintiff v. ) ) ) ) ) ) ) NO. 05-2921 CIVIL TERM STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this J'i'ft day of ~ , 2006, pursuant to the Stipulation for Entry of Agreed Upon Modification of Custody Order of the parties hereto dated February &,2006 and filed of record in these proceedings, this Court's prior Order of June 13,2005 is hereby modified and restated in full as follows: I. Defendant, Steven D. Thomas ("Father"), and Plaintiff, Erin D. Thomas ("Mother"), the natural parents of the minor children, Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22, 2003 ("Minor Children"), shall have joint legal custody of the Minor Children. 2. RESTRICTIONS. (a) Father shall not abuse, harass, stalk or threaten Mother in any place where she may be found; (b) Father shall be excluded from Mother's residence at 4173 Grouse Court, Apartment 105, Mechanicsburg, Pennsylvania, 17050 or any other permanent or temporary residence where Mother may live. Father shall have no right or privilege to enter or be present on the premises of Mother. This shall not operate to prevent or interfere with the regular and anticipated contact between the parties for the purposes of custody exchanges; (c) Father is prohibited from having any contact with Mother at any location, including but not limited to, Mother's business or place of employment. This shall not be construed to prohibit Father from attending activities of the children which he is otherwise not prohibited from attending, at which activities Mother is present, so long as Father has no contact with Mother; (d) Father shall not contact Mother by telephone or by any other means, including through third persons; (e) Father is prohibited from having any contact with Mother's relatives other than the children of the parties and Mother's maternal grandmother; (t) Father shall not damage, destroy or dispose of in any manner any property owned by both parties or solely by Mother; (g) Father agrees that upon a finding by a court of competent jurisdiction that Father is in violation of any of the provisions of this paragraph 2 and in addition to any other remedies available to Mother at law or in equity, Father shall consent to the entry of a Protection From Abuse Order containing, at a minimum, the restrictions included in this paragraph 2; (h) Notwithstanding any of the foregoing provisions of this paragraph 2, Father may have contact with Mother by telephone for the legitimate purposes contemplated by this custody order, such as custody exchanges, medical! emergency issues, etc. 2 3. PHYSICAL CUSTODY SCHEDULE. Father and Mother shall maintain joint physical custody of the minor children with Mother having physical custody of the children commencing every Monday morning until Wednesday morning and every other weekend commencing Friday morning until Monday morning and with Father having physical custody of the children commencing every Wednesday morning until Friday morning and every other weekend commencing Friday morning until Monday morning. Transportation shall be the responsibility of the party relinquishing physical custody and said party shall deliver the children to the other party's residence no earlier than 7:45 a.m, but no later than 8:30 a.m. In addition, on the Fridays of Father's weekends, Mother shall provide the day care for the children unless Father takes offfrom work and will be with the children himself and has given notice of same to Mother by 8:30 a.m. of the preceding Wednesday morning. The parties shall cooperate in rearranging the foregoing schedule as necessary to accommodate the other party's work or family obligations. 4. HOLIDAYS. (a) Christmas. Commencing in 2006 and in all even years thereafter, Mother shall have custody of the children from 9:00 a.m. on December 24th through 2:00 p.m. on December 25th and Father shall have custody from 2:00 p.m. on December 25th through 8:00 p.m. on December 26th, Commencing in 2007 and in all odd years thereafter, Father shall have custody of the children from 9;00 a.m. on December 24th through 2:00 p.m, 3 on December 25th and Mother shall have custody from 2:00 p.m. on December 25th through 8:00 p.m. on December 26th. (b) New Year's Day. Commencing in 2006 and in all even years thereafter Father shall have custody of the children from December 31 Sl at 9:00 a.m. through January I" at 5:00 p.m. and Mother will have custody from 5:00 p.m. on January 1" through 8:00 p.m. on January 2"d. Commencing in 2007 and in all odd years thereafter, Mother shall have custody of the children from 9:00 a.m. on December 31" until 5:00 p.m. on January 1st and Father will have custody from 5:00 p.m. on January 1" through 8:00 p.m. on January 2"d. (a) Easter. Easter Sunday will be alternated between the parties from year to year with Mother having Easter Sunday commencing in 2006. If the party entitled to Easter Sunday does not have custody of the children that weekend, that party shall have custody from 9:00 a.m. until 8:00 p.m. on Easter Sunday and shall provide all transportation. (d) Memorial Dav and Labor Day. The parties shall alternate Memorial Day and Labor Day weekends; the weekend will end on the Tuesday morning after the holiday when the children will be returned to Mother between 7:45 and 8:30 a.m. In odd- numbered years, Mother will have Memorial Day weekend and Father will have Labor Day weekend; in even-numbered years, Mother will have Labor Day weekend and Father will have Memorial Day weekend. (However, because of a pre-arranged swapping of time between Mother and Father as set forth in paragraph 5(b)(1) hereafter, Mother will also have the Memorial Day weekend in 2006.) 4 (e) Julv 4th. The party who has custody of the children. pursuant to the regular schedule, on this holiday, shall maintain custody of the children on this holiday. (1) Thanksl!ivinll. Mother will have Thanksgiving Day from 2:00 p.m. on Thanksgiving Eve until 2:00 p.m. on Thanksgiving Day in all even numbered years and Mother shall be responsible for all transportation for this custody exchange. (g) Mother's DayIFather's Dav. Mother shall always have custody of the children on Mother's Day and Father will always have custody of the children on Father's Day, If the party entitled to Mother'slFather's Day does not otherwise have custody that weekend as per the regular schedule, that party shall be entitled to custody on that day from 9:00 a.m. until 8 :00 p.m. and shall provide the transportation. (h) Children's Birthdavs. The parent not having custody of the children on a child's birthday shall have custody of both children on the child's birthday for at least two (2) hours and said parent shall provide the transportation. The two (2) hours shall be scheduled at a time mutually agreed upon by both parties recognizing that the birthday could fall on a weekday, which mayor may not be a school day, or a weekend. However, absent agreement, the out-of-custody parent shall have both children from 5:00 p.m until 7:00 p.m,; (i) President's Day. Father shall have every President's Day (celebrated on a Monday in February of each year) from 8:00 a.m. to 6:00 p.m. upon seven (7) days advance notice to Mother that he will exercise custody on that day and so long as he takes off work and is with the children himself, 5 5. VACATIONS. (a) Each party shall be entitled to exercise for the year 2006 two (2) non-consecutive weeks, and for the year 2007, three (3) non-consecutive weeks and for the year 2008 and thereafter, four (4) non-consecutive weeks of uninterrupted custody with the minor children each year upon forty-five (45) days advance wntten notice to the other party. Absent approval of the other party, which approval shall not unreasonably withheld: (I) Said period shall consist of seven (7) consecutive days and shall include the requesting party's weekend of custody; and (2) Neither party shall be entitled to choose a week of custody ifit encompasses one of the other party's holidays. (b) Notwithstanding the foregoing: (I) Father shall have custody for the period of May 18-22, 2006 for the purposes of taking the children to Disney Wodd, even though this period encompasses Mother's regular weekend; in exchange, Mother shall have custody of the children the following weekend (including Memorial Day). This trip shall not constitute a part of Father's two weeks of non-consecutive vacation weeks for the year 2006. (2) In the event Father takes an anticipated trip to Japan with Madison, one of his otherwise non-consecutive weeks shall be for a period of eleven (11 ) consecutive days upon forty-five (45) days advance written notice to Mother; Father will still have one additional week remaining if the trip is taken in 2006 and two if taken in 2007. 6 6. COOPERATION. Both Mother and Father shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day non-major decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. 95309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. The parent with physical custody during any given period oftime shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall promptly notify the other parent of any changes in health or educational progress. Both parents shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 7. RESPECT FOR OTHER PARENT. Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so, Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the child and, to the 7 extent possible. shall prevent third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent agrees to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 8. The Mother and the Father agree, in addition to any provisions which may be contained herein regarding joint legal custody, the Mother and the Father shall have the following rights with respect to the Minor Children: (a) The parties shall have the right to speak to the children on the phone two (2) times per day, The custodial parent shall place the call to the other parent between 8:00 a.m. and 10:00 a,m. and, for the second call, between 7:30 p.m. and 8:30 p.m. unless prior arrangements are agreed upon by the parties. Calls to Mother will be placed to her cell phone: (717) 802-2221 and calls to Father will be placed to his cell phone: (717) 364-6765 and ifno answer, to his residence phone: (717) 732-7275, If the party entitled to receive the call does not receive the call by 10:00 a.m. or 8:30 p.m" that party may place a call to the other party at 1 0:00 a.m. or 8:30 p.m., however this remedy is intended to be rarely needed and is not intended to supplant the duty of the custodial parent to place the call as required herein. If the telephone number of a party changes, the party with the changed number shall notifY the other party in writing of the new number and thereafter, said party shall place the call to the new number. 8 (b) Access to report cards and other relevant information concerning the progress of the Minor Children in school; (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency, and provided that such approval shall not be unreasonably withheld; (d) Approval of summer camps and schools, provided that such approval shall not be unreasonably withheld; and (e) In the event either party has to be away from the children during his/her custodial period for a period in excess off our (4) hours, (except for periods during the normal work schedule between 8:00 a.m. and 6:00 p.m. Monday through Friday when the non- custodial parent is working) the custodial parent shall provide the non-custodial parent with the right of first refusal to be the child care provider for the children during said custodial parent's entire absence. 9. The Mother and the Father shall, ifhe or she is not going to be able to affect a period of physical custody, for other than health reasons, give the other party at least seventy-two (72) hours advance notice of his or her inability to affect the shared custody. 10. If either the Mother or the Father decides to relocate farther than twenty (20) miles from their present residence, they agree to provide the other party with six (6) months notice prior to such relocation, thus giving the other parent an opportunity to modifY the current Custody Order entered pursuant to this Stipulation. 9 11. The parties agree that they will inform the other party if they intend to travel with any of the Minor Children more than one hundred (100) miles from their residence. Such notice shall include the intended destination, the departure and arrival times. In addition. each parent agrees to provide accurate contact information so that the parent not exercising custody at that time will be able to reach the Minor Children immediately. 12. In the event that either party breaches any provision of this Order and Stipulation, and the other party retains counsel to assist in the enforcement of the terms thereof, the parties hereby agree that the breaching party will pay for all attorneys' fees, court costs, and expenses incurred by the other party in enforcing this Order and Stipulation. 13. The parties acknowledge that each has had the opportunity to consult with counsel before executing the foregoing Stipulation. BY THE COURT: /s/ &r,- 13 f3jp; I , J. fR.ll<::' t"'l"'!"v ~>~')" ". :.~ ""'1ft,) '.~" ~- 'I..> 'oJ;' ! , _, '.._ i' ., > 1'~ ( In r.,:irr.>jrlY: 'iVi;e~'"~'m: l r;:.~,'< t.: ::~ ;".:;~ r~ ~ ;r,d tli<J .<.-,] ~ ~ ,,'A C" "1 .q "',J' .... ... ~ In ~~v .,1....., ""~ \~.._" -.;.........;r '.. fl* 1s'!5( ~J' {,Ii~ ;pr... .,- ~ Q 7Yt./~/" >, _' . Prothonotar 10 f f~ilo,f 13 02-15-'06 10:48 FROM- T-041 P006/011 F-096 PFAD Number: QU2305514G Erin Dawn Thomas, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. Steven Dale Thomas, Defendant : No. till - cf,f 5} : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Erin Dawn Thomas 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Erin Dawn Thomas 4. Plaintiffs Address is : 4173 Grouse Court, Apt 105 , Mechanicsburg, P A 17050 5 Defendant'sName is: Steven Dale Thomas 6. Defendant is believed to live at the following address: 3711 Falksrone Drive, Mechanicsburg, P A 17050 7. Defendant's Social Security Number is: 174-52-13~5 8. Defendant's Date of Birth is: 02-15-'06 10:48 FROM- T-041 P007/011 F-096 November 15, 1964 9. Defendant's Place of employment is: Capital Blue Cross Elmerton Avenue Harrisburg,PA 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The Plaintiff and the Defendant been involved in the following court actions: a. Custody 13. Other details of the court action are: Cumberland County Civil Term 2005-2921 14. The defendant has been involved in a criminal court action. I5. The defendant is not currently on probation / parole 16. Plaintiff and Defendant are the parents of the following minor child/ren: a. Madison Thomas Age:6 Child's address is: 4173 Grouse Court, Apt 105 , Mechanicsburg, P A 17050 b. Ella Thomas Age:2.5 Child's address is: 4173 Grouse Court, Apt 105, Mechanicsburg, PA 17050 17. There is an existing court order regarding the custody of the Plaintiffs and Defendant's minor children. / The tenns ofthe order are: Plaintiff has joint shared custody oeminor children. County: Cumberland State: PA, 18. The facts ofthe most recent incident of abuse are as follows: , 02-15-'0610.48 FROM- T-041 P008/011 F-096 On about Wednesday, February 08, 2006 at approximately 9:10AM location: Interstate 81 North Defendant acted in a physically menacing manner when he knowingly and recklessly followed Plaintiff in her car. Defendant cut off other drivers and stayed on her bumper, swerving towards Plaintiffs vehicle, passing her, pulling in front of her and slamming on his breaks. Plaintiff pulled off the road twice and the second time was forced to pull into medial of Route 81 to avoid the Defendant. Defendant pulled behind her and approached Plaintiff's vehicle screaming, Plaintiff called 911. The Pennsylvania State Police charged Defendant with harassment. 19. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: During the course of the parties' ten year relationship, the Defendant has engaged in a course of conduct that put Plaintiff in fear of bodily injury and caused Plaintiff to fear for her life, The Defendant's actions include, but are not limited to: throwing client into garage to prevent her from entering marital home, calling Plaintiff vile names, and threatening Plaintiffs life if she left him, Defendant was charged with harassment by DJ Thomas Placey in October 2005 and was placed on probations for ninety days. Harassment is escalating since probation was ended in January 2006. 20. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Hampden Township Police Department PSP, Carlisle Barracks PSP 21. There is an immediate and present danger of further abuse from the Defendant. 22 Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 4173 Grouse Court Apt 105 Mechanicsburg P A 17050 Rented By:Erin Dawn Thomas 23. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. \ b. Evict/exclude Defendant [rom Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through , 02-15-'06 10:48 FROM- T-041 P009/011 F-096 third persons, including but not limited to any contact at PI:llntiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d Prohibit Defendant from having any contact with Plaintlfl's relatives :md Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Order the following additional relief, not listed above: -Defendant shall not damage, destroy, or dispose of in any manner, any property owned by both parties' or solely by the Plaintiff. f. Grant such other relief as the court deems appropriate. g. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The . petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. u_;_,~_,."___--,,-_,,~.,,,__"..____'__.'__"__~."'."_~~'__""~,..~~-...--_..._.,.._,-----....-...-_---~-_.._._---_._.....~_._.-.__..,---............~..^_.,....~'"- , \ ( 02-15-'06 10:48 FROM- Date: llb..J ). L) G By:- T-041 P010/011 F-096 VICES . Alo, Attorney for Plaintiff J ssica Holst, Attorney for Plaintiff 401 East Louther Street Carlisle PA 17013 (717) 243-9400 / 02-15-'06 10:49 FROM- T-041 P011/011 F-096 . VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge I understand that any false statements are made subject to the penalties of ] 8 Pa.c.S.g4904, relating to unsworn falsification to authorities. C-.....- , -....:;..._~ C;'__.___ (-- ~---~~ Erin Dawn Thomas, Plaintiff '--- Dated: .?- / / .3 / a ({i I / ....-- CXh, /JI f C LAW OFl-lCE5 OF HOWETT, KISSINGER, CONLEY & HOLST, P.c. 1)0 WALSH STREET POST OFFICE BOX 810 H.-\RRISBL'RG, PE:";-.;SyLVA....L-\ 17108 JOH:< C. HOWEll. JR. DO:<ALD T KISSI:<GER CISDY S CO:<LEY DARRES 1. HOLST (717) 2.\-1.2616 February 21, 2006 F..\X (17) 23-1.5402 DEBRA ~1. SHI~IP Legal Assistant VIA FAX & MAIL (717) 238-4809 Kelly M. Knight. Esquire CUNNlNGHA~! & CHERNICOFF, P.c. P.O. Box 60457 Harrisburg, P A 17106-0457 Re: Thomas v. Thomas Dear Kelly: Enclosed is a red-lined and non-red-lined copy of the Stipulation as modified pursuant to our telephone conversation earlier today. Erin has agreed to most of the requests made by Steve and for those few which she did not agree I explained to you my reasons therefor. Erin is willing to withdraw the PFA if this custody stipulation is executed by close of business tomorrow, and, ifby close of business tomorrow: (a) A check is delivered to my office payable to Erin in the amount of$268.20 representing the deductions that Steve made of$54.IO for the months of January and February and for the deduction of $40.00 per month for four months after Madison stopped attending the YMCA program. Steve has every right to seek a modification of his support order but he does not have the right to do so unilaterally; and (b) Copies of all of Steve's 1099's and W-2's for 2005 are delivered to my office and, within seven days (by close of business on Wednesday of next week, March 1,2006) copies of the joint tax returns for Steve and Erin for the years 2000 through 2004 (federal, state and local) are delivered to my office. JCH/djk Enclosures cc: Erin D. Thomas (w/encls) Sincerely, Jhn~'~k . 13 x/ruhd j) ATTORNEYS AT LAW ~'~ . 0~ & 0~ 1017 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102 ------------------------ ARTHUR K. OILS DIANE M. OILS PHONE: (717) 233.8743 FAX (717) 233.2567 March 7, 2006 John C. Howett, Jr., Esquire 130 Walnut Street P.O. Box 8!O Harrisburg, P A 17108 RE: Erin D. Thomas vs. Steven D. Thomas Docket No. 2005-4555 Civil Term (Divorce) Docket No. 2005-2921 Civil Term (Custody) Dear Jack: Enclosed are the following documents: I. Five original Stipulations for entry of agreed upon modification of custody Order signed and notarized. 2. Copies of the tax returns of the parties for the years 2000, 200 I, 2002, and 2003. Pursuant to the Stipulation, this is notification that on Friday, March 17, 2006, Mr. Thomas will be done working at 12:00 noon and will be picking the girls up at this time. Please let me know where the exchange should occur. rfyour client is agreeable that Steve may enjoy the Memorial Day holiday with the children and your client would have the children over the weekend of May 19th, he would prefer not to take the children on his business trip to Disney World. However, if your client is not agreeable, he will continue with his original plans. It would be helpful if you could let us know by Thursday, March 9, 2006, by 5:00 p.m. so that Steve may make the necessary travel arrangements. Steve would also like to discuss with Erin the possibility of Madison enrolling into the YMCA West Shore Branch Summer Program. Enclosed is that information as welL . ~ As you know, Steve is interested in filing the taxes and even indicated that you would speak with your client concerning the filing of taxes jointly. You have been provided copies of Steve's W-2's for the year 2005 and it is requested that you provide us with copies of your client's W-2's for 2005. Steve would be more than happy to have an accountant run the figures all ways and we would provide you with copies of the same. Lastly, as you had suggested, the communication between the parties be limited and Steve has been complying with this, in that, he does not speak directly to Erin at all so that Erin does not construe any communication as harassment. However, Erin is making this very difficult, in that, she is going out of her way to have contact with Steve, On Sunday, during the church service, Steve walked out with the girls to take Madison to the rest room. Your client left the service as well and went to the rest room and stood with Steve and the younger daughter, attempting to have a conversation with Steve. Later that same day, Steve and the girls were at Target; your client saw them in the parking lot and again, ran over to them. Steve assured me that he did not speak to Erin as there was nothing to be discussed concerning the children. Please advise your client that if she is so fearful of Steve, that perhaps she should limit her contact with him. It seems to me that these parties need co-parenting counseling as soon as possible. 7ry truly yours, I (yt(4~ I - 'Diane M. Dils DMD/daf Enclosures . .. VERIFICATION I, Erin D. Thomas, hereby swear and affirm that the facts contained in the foregoing Plaintiff's k'swer to E€titim for S::=ial Relief an:] M:xlificatim of Qlstcd,r an:] are true and <bJnterclairn for Cl:ntEllpt an:] for G:ul.gel FElilS correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~d Date: ~I naOI J/, ;)::0(.., ~ .. ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN D. THOMAS, Plaintiff v. ) ) ) ) ) ) ) NO. 05-2921 CNIL TERM STEVEN D. THOMAS, Defendant CNIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Erin D. Thomas, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Plaintiffs Answer to Petition for Special Relief and Modification of Custody and Counterclaim for Contempt and Counsel Fees was served upon Diane M. Dils, Esquire, counsel for Defendant Steven D. Thomas, by depositing same in the United States mail, first class, on March 29, 2006, addressed as follows: Diane M. Dils, Esquire DILS & DILS 1017 North Front Street Harrisburg, PAl 71 02 Date:, ~,.',)Cj' () p, Jo . Howett, Jr., quire HOWETT, KISSINGER, CONliE'y..&-HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: 717-234-2616 Counsel for Erin D. Thomas, Plaintiff - (:J ~ /0 t 1 ~ r) r-..) , . , D , 0 --n _.~~ , :- '. :::1 & ... ,. :9 ~ b - , Lj &; :, !..v NJ -- , r ~ , iJ r---- . ,l!- e.) ~ '--..!...., \' , ERIN D. THOMAS, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA YS. NO. 2005-2921 Civil Term STEVEN D. THOMAS, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY PETITION FOR SPECIAL RELIEF AND MODlFICA TION OF CUSTODY AND NOW, thia.( day of March 2006, comes your Petitioner, Steven D. Thomas, by his attorney, Diane M, Oils, Esquire, and respectfully avers the following: I. Your Petitioner is Steven D, Thomas, the Defendant above named, an adult individual currently residing at 3711 Falkstone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, 2. The Respondent is Erin D. Thomas, an adult individual currently residing at 4173 Grouse Court, Apt. 105, Mechanicsburg, Cumberland County, Pennsylvania 17050, and is represented by John C. Howett, Jr., Esquire, whose office is located at 130 Walnut Street, P.O. Box 810, Harrisburg, Dauphin County, Pennsylvania 17108. 3. The Respondent and Petitioner are the natural parents of two children; namely: Madison Thomas, born November 27, 1999, and Ella Thomas, born May 22, 2003, \' ". 4. Attached hereto and marked Exhibit "A" is a copy of a Court Order setting forth the custodial arrangements of the parties dated June 13, 2005, and signed by the Honorable Edgar B. Bayley. 5. On or about February 13, 2006, the Wife filed a Petition for Protection from Abuse and a Hearing had been scheduled for Thursday, February 23, 2006. 6. Between Friday, February 17, 2006, and Wednesday, February 22, 2006, negotiations commenced between Attorney John C. Howett, Jr., counsel for Wife and Attorney Kelly M. Knight, prior counsel for Husband. 7. The negotiations included not only dissolution of the PFA, but also a negotiated Custody Order. 8. Apparently suggested changes were made by Husband to his attorney; however, said suggested changes were not accepted by Wife. 9, Husband was told on Wednesday, February 22, 2006, at 3:30 p.m. by his prior attorney that Wife did not agree to his changes. !o. Husband was further informed that he had only until 5:00 p.m. on that date in which to sign the Agreement as posed by Wife and that if he did not, he would eventually end up in jail because he would Jose the PF A Hearing and if his Wife saw him on the street, she would call the police and he 2 ~ would go to jail. Then, Husband was informed that he would lose his shared physical custody arrangements with his children. II. Husband attempted to review these matters with his attorney and asked for an explanation of these statements. Apparently the communications between Husband and his prior attorney had broken down at this point and Husband received no explanation. 12. Basically, Husband was coerced and forced into signing the Stipulation for Entry of Agreed Upon Modification of Custody Order on Wednesday, February 22, 2006, before 5:00 p.m. See Exhibit "B" attached hereto and made a part hereof. 13. On February 22, 2006, at approximately 4:55 p.m., Husband faxed the signature page to his prior attorney, 14. As a result of Husband signing the Stipulation and faxing his signature to his prior attorney, he was basically bound to sign the original Stipulations before a Notary Public on Tuesday, March 7, 2006, to avoid an enforcement proceeding being filed against him. 15. It is respectfully requested that the Stipulation attached as Exhibit "B" be null and void and vacated, and the parties be required to comply with the Order entered June 13, 2005, until this matter may be referred to a Custody Conciliator for modification. 3 16. Your Petitioner believes that the best interest of his children will be served by granting him primary physical custody. 17. Your Petitioner has requested co-parenting counseling between the parties; however, wife has not indicated her agreement with the same. ] 8. The provisions in Paragraph 2 - Restrictions of Exhibit "B" attached hereto limit the ability of your Petitioner to speak with his wife concerning the children, 19. When the wife becomes angry with the husband, she becomes unruly, yells at the Father, requiring Father to have to hang up on Mother due to the provisions of Paragraph 2 - Restrictions. 20. Mother and Father are unable to communicate concerning even the smallest issues regarding the children without the communication becoming unruly. 21. The Respondent/Mother, refuses to inform your Petitioner/Father of the whereabouts of the children during her custodial periods and when the Father inquires as to the same, Mother simply becomes angry and accuses your Petitioner of harassing her. 22. Most recently, when Father attempted to address with Mother an allegation that Mother's boyfriend, Chris, spanked the youngest child, Mother became angry, verbally yelling and screaming at the Father, and the matter became 4 , "\' so out of hand that Father had to hang up on Mother and discontinue the conversation. 23. The Stipulation attached hereto as Exhibit "B" sets forth the requirement that the parties contact each other twice a day by telephone for the purpose of the children speaking with the non-custodial parent. This provision requires contact between the parties on a daily basis by telephone; however, Father is restricted in this telephone contact and the communication with Mother as a result of Paragraph 2 - Restrictions, in that, when Mother becomes angry or starts to discuss issues other than those concerning the children, Father has no choice but to discontinue the conversation. WHEREFORE, your Petitioner/Father, Steven O. Thomas, respectfully prays your Honorable Court to vacate the Stipulation dated February 23, 2006, thereafter entered as an Order of Court. Resp.e<;Jft.illY ~.'ubmitted, /-:~. /' / / . k L.-----'" BV(/'Y';<</~?1: .' ~~. Oils, Esquire 10! 7 North Front Street Harrisburg, P A 17102 (717) 232-9724 1.0. No. 71873 5 - . " -------- t:,,J \ brr it . ------------- - " RECEIVED JUN 0 8 ZOIl5.Y v. : NO. OS" - -Z9.2/ : CIVIL ACTION - LAW : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA CZuL ~8-~ ERIN D. THOMAS, Plaintiff STEVEN B. THOMAS, Defendant : IN CUSTODY ORDER AND NOW, this / J ~ day of (f., - ,2005, the parties having stipulated to the entry ofan Order of Custody, it is hereby ORDERED AND DECREED that custody of the Minor Children, Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22, 2003, shall be as follows: I. Defendant, Steven D. Thomas (the "Father"), and the Plaintiff, Erin D, Thomas (the "Mother"), the natural parents of the minor children, Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22, 2003 (the "Minor Children"), shall have joint legal custody of the Minor Children. 2. The Father and the Mother shall maintain joint legal custody of the Minor Children. 3. The Father and the Mother shall maintain joint physical custody of the Minor Children pursuant to the following schedule: (a) Week One: Wednesday through Thursday: Mother Friday through Sunday: Father Monday through Tuesday: Mother (b) Week Two: Wednesday through Thursday: Father Friday through Sunday: Mother Monday through Tuesday: Father . T (c) Week Three and Subsequent Weeks: Schedule for weeks one and two will repeat and continue to alternate. (d) At all other times as agreed upon by the parties. 4. All holidays will be shared between the Mother and the Father as agreed upon by the parties. 5. Each party will be entitled to exercise two (2) consecutive or nonconsecutive weeks of uninterrupted custody with the Minor Children each year. The Mother and the Father agree to provide notice of their intent to exercise their uninterrupted periods of custody to the other parent at least forty-five (45) days prior to the commencement of such period. 6. The Mother and the Father acknowledge that it is in the best interest of their Minor Children that each parent keep the other informed of the Minor Children's progress, and for any change in their health or any medical crisis. The Mother and the Father agree to consult with each other and to have equal input with regard to any major decisions which will impact their children's progress and/or physical and mental health, this will include the Minor Children's academic progress. 7. The Mother and the Father also acknowledge that it is in the best interest of their Minor Children that they have the benefit of each parent's parental guidance and each agrees to refrain from allowing the Minor Children to be exposed to the personal animosities that may exist between each other. 8. The Mother and the Father agree, in addition to any provisions which may be contained herein regarding joint legal custody, the Mother and the Father shall have the following rights with respect to the Minor Children: 3 T (a) Reasonable telephone cal1ing privileges; (b) Access to report cards and other relevant information concerning the progress of the Minor Children in school; (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency, and provided that such approval shall not be unreasonably withheld; and (d) Approval of summer camps and schools, provided that such approval shall not be unreasonably withheld. 9. The Mother and the Father shall, if he or she is not going to be able to affect a period of physical custody, for other than health reasons, give the other party at least seventy-two (72) hours advance notice of his or her inability to affect the shared custody. 10. If either the Mother or the Father decides to relocate farther than fifty (50) miles from their present residence, they agree to provide the other party with six (6) months notice prior to such relocation, thus giving the other parent an opportunity to modifY the current Custody Order entered pursuant to this Stipulation. 11. The parties agree that they will inform the other party if they intend to travel with any of the Minor Children more than one hundred (l00) miles from their residence. Such notice shall include the intended destination, the departure and arrival times. In addition, each parent agrees to provide accurate contact information so that the parent not exercising custody at that time will be able to reach the Minor Children immediately. 4 ~ 12. In the event that either party breaches any provision of this Order and Stipulation, and the other party retains counsel to assist in the enforcement of the terms thereof, the parties hereby agree that the breaching party will pay all attorneys' fees, court costs, and expenses incurred by the other party in enforcing this Order and Stipulation. 13. The parties acknowledge that the that the Father has been represented by counsel throughout the process of executing this Stipulation. The parties further acknowledge that Mother has also been represented by counsel throughout the process of executing this Stipulation. BY THE COURT: Dated: .2005 rF!utS copy rnOM R[CORU In TKtlmony wtleroot, I rJlrc 'JO:O set In'! tl300 and tlle ~" said ~ill ~llzle, Pa. ~~IS ?);! ;) ~';p,~ :0;;; 1'rottlonoWv I 5 ;. ERIN D. THOMAS, Plaintiff . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYL VANIA v. .NO. . CIVIL ACTION - LAW o C. ..~ '" = ~ c.n o .." STEVEN B. THOMAS, Defendant .,.- ,-..;; '-- -.I c-'::" c_ ...,.... ~ mpl I """CJm ':2- -.J :~ '? ':", :::,u )> \J -,:7: :r, -' <20 ;.:"(L,,...-: :-.:;cn . N 'J AND NOW, comes the Defendant, Steven D. Thomas, and the Plaintiff, Erin ~ThoIDas,~ , N -< who do hereby stipulate and agree that the following shall be the standard of custody and . IN CUSTODY STIPULATION OF THE PARTIES visitation which shall prevail and do consent to the entry by this Court of an Order incorporating the terms of the Stipulation. I. Defendant, Steven D. Thomas (the "Father"), and the Plaintiff, Erin D. Thomas (the "Mother"), are the natural parents of the minor children, Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22, 2003 (collectively, the "Minor Children"). 2. The Father and the Mother shall maintain joint legal custody of the Minor Children. 3. The Father and the Mother shall maintain joint physical custody of the Minor Children pursuant to the following schedule. (a) Week One: Wednesday through Thursday. Mother Friday through Sunday. Father Monday through Tuesday. Mother (b) Week Two Wednesday through Thursday Father Friday through Sunday. Mother Monday through Tuesday Father " , (c) Week Three and Subsequent Weeks: Schedule for weeks one and two will repeat and continue to alternate, (d) At all other times as agreed upon by the parties. 4. All holidays will be shared between the Mother and the Father as agreed upon by the parties. 5. Each party will be entitled to exercise two (2) consecutive or nonconsecutive weeks of uninterrupted custody with the Minor Children each year. The Mother and the Father agree to provide notice of their intent to exercise their uninterrupted periods of custody to the other parent at least forty-five (45) days prior to the commencement of such period. 6. The Mother and the Father acknowledge that it is in the best interest of their Minor Children that each parent keep the other informed ofthe Minor Children's progress, and for any change in their health or any medical crisis. The Mother and the Father agree to consult with each other and to have equal input with regard to any major decisions which will impact their children's progress and/or physical and mental health, this will include the Minor Children's academic progress. 7. The Mother and the Father also acknowledge that it is in the best interest of their Minor Children that they have the benefit of each parent's parental guidance and each agrees to refrain from allowing the Minor Children to be exposed to the personal animosities that may exist between each other. 8. The Mother and the Father agree, in addition to any provisions which may be contained herein regarding joint legal custody, the Mother and the Father shall have the following rights with respect to the Minor Children: 2 " , (a) Reasonable telephone calling privileges; (b) Access to report cards and other relevant information concerning the progress of the Minor Children in school; (c) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency, and provided that such approval shall not be unreasonably withheld; and (d) Approval of summer camps and schools, provided that such approval shall not be unreasonably withheld. 9. The Mother and the Father shall, if he or she is not going to be able to affect a period of physical custody, for other than health reasons, give the other party at least seventy-two (72) hours advance notice of his or her inability to affect the shared custody. 10. If either the Mother or the Father decides to relocate farther than fifty (50) miles from their present residence, they agree to provide the other party with six (6) months notice prior to such relocation, thus giving the other parent an opportunity to modify the current Custody Order entered pursuant to this Stipulation. II. The parties agree that they will inform the other party if they intend to travel with any of the Minor Children more than one hundred (100) miles from their residence. Such notice shall include the intended destination, the departure and arrival times. In addition, each parent agrees to provide accurate contact information so that the parent not exercising custody at that time will be able to reach the Minor Children immediately. 3 12. In the event that either party breaches any provision of this Order and Stipulation, and the other party retains counsel to assist in the enforcement of the terms thereof, the parties hereby agree that the breaching party will pay all attorneys' fees, court costs, and expenses incurred by the other party in enforcing this Order and Stipulation. 13. The parties acknowledge that the that the Father has been represented by counsel throughout the process of executing this Stipulation. The parties further acknowledge that Mother has also been represented by counsel throughout the process of executing this Stipulation. IN WITNESS WHERE , the parties hereto have placed their hands and seals to this Stipulation this JC!I day of 2005. WITNESS: ERIN D. THOMAS ??~A---- STEVEN B. THOMAS ~ .-------- - h~stipsltbomu 4 COMMONWEALTH OF PENNSYL VANIA COUNTY OF 1) Ila .PHI AJ On this, the 3Rd day of J U,I(.) 0- ,2005, before me, the undersigned officer, personally appeared, STEVEN B. THOMAS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. : SS. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~d~ Notary Public -L Notarial Seal . Unda B. Deaven, Notary Public City Of Harrisburg, Dauphin County fA)' Commission expires Feb. 25. 2006 ...- ^~"'IV"I""onO~ Nc.1~ riea ~,.k"~l'~ penrp.J!vanla~i:ili I ,:<.. ,,,............. 'f'..... COMMONWEALTH OF PENNSYL VANIA COUNTYOF~~' 711rJ- m On this, the R:Y-.. day of ~ ' 2005, before me, the undersigned officer, personally appeared, ERIN D. THOMAS, known to me (or satIsfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. : SS. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAl. DfIlllAA EVANGEU5n Nofory'l'ubIIc SIIKlUEHANNA ~IN COUNlY My Commlulon Erpno May 7, 20011 Jd:--l~. ZvaA?~ Not Public . . . fG /,b'f B Y';(l/ll I J..Y' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN D. THOMAS, Plaintiff v. ) ) ) ) ) ) ) NO. 05-2921 CIVIL TERM STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULA nON FOR ENTRY OF AGREED UPON MODlFICA nON OF CUSTODY ORDER AND NOW, come the parties to the above-captioned action, by and through their counsel, and stipulate and agree that the custody order in the above-referenced case of June 13. 2005 shall be modified as follows and consent to the entry by this Court of an order incorporating the terms of the Stipulation. I. Paragraphs 3, 4, 5, 6, and 7 of the June 13,2005 Order shall be deleted in their entirety and replaced with the following: 3. Phvsical Custody Schedule. Father and Mother shall maintain joint physical custody of the minor children with Mother having physical custody of the children commencing every Monday morning until Wednesday morning and every other weekend commencing Friday moming until Monday morning and with Father having physical custody of the children commencing every Wednesday morning until Friday morning and every other weekend commencing Friday morning until Monday morning. Transportation shall be the responsibility of the party relinquishing physical custody and said party shall deliver the children to the other party's residence no earlier than 7:45 a.m. but no later than 8:30 a.m. In addition, on the Fridays of Father's weekends, Mother shall provide the day care for the children unless Father takes off from work and will be with the children himself and has given notice of same to Mother by 8:30 a.m. of the preceding Wednesday morning. The parties shall cooperate in rearranging the foregoing schedule as necessary to accommodate the other party's work or family obligations. 4. Holidays. (a) Christmas. Commencing in 2006 and in all even years thereafter, Mother shall have custody of the children from 9:00 a.m. on December 24'" through 2:00 p.rn, on December 25th and Father shall have custody from 2:00 p.m. on Decernbcr 25'" through 8:00 p.m. on December 26". Commencing in 2007 and in all odd years thereafter. Father shall have custody of the children from 9:00 a.m. on December 24" through 2:00 p.m. on December 25th and Mother shall have custody from 2:00 p.m. on December 25th through 8:00 p.m. on December 26th (b) New Year's Day. Commencing in 2006 and in all even years thereafter Father shall have custody of the children from December 31 ,t at 9:00 a.m. through January 1" at 5:00 p,m. and Mother will have custody from 5:00 p.m. on January 1" through 8:00 p.m. on January 2"d, Commencing in 2007 and in all odd years thereafter, Mother shall have custody of the children from 9:00 a.m. on December 31" until 5 :00 p,m. on January 1" and Father will have custody from 5:00 p.m. on January 1" through 8:00 p,m. on January 2"d 2 (c) Easter. Easter Sunday will be alternated between the parties from year to year with Mother having Easter Sunday commencing in 2006. If the party entitled to Easter Sunday does not have custody of the children that weekend, that party shall have custody from 9:00 a.m. until 8:00 p.m. on Easter Sunday and shall provide all transportation. (d) Memorial Day and Labor Day. The parties shall alternate Memorial Day and Labor Day weekends; the weekend will end on the Tuesday morning after the holiday when the children will be returned to Mother between 7:45 and 8:30 a.m. In odd- numbered years, Mother will have Memorial Day weekend and Father will have Labor Day weekend; in even-numbered years, Mother will have Labor Day weekend and Father will have Memorial Day weekend. (However, because ofa pre-arranged swapping of time between Mother and Father as set forth in paragraph 5(b)(]) hereafter, Mother will also have the Memorial Day weekend in 2006.) (e) July 4th. The party who has custody of the children. pursuant to the regular schedule, on this holiday, shall maintain custody of the children on this holiday. (1) Thanks~jvjn~. Mother will have Thanksgiving Day from 2:00 p.m. on Thanksgiving Eve until 2:00 p.m. on Thanksgiving Day in all even numbered years and Mother shall be responsible for all transportation for this custody exchange. (g) Mother's Day/Father's Day. Mother shall always have custody of the children on Mother's Day and Father will always have custody of the children on Father's Day. If the party entitled to Mother's/Father's Day does not otherwise have custody that 3 weekend as per the regular schedule, that party shall be entitled to custody on that day from 9:00 a.m. until 8:00 p.m. and shall provide the transportation. (h) Children's Birthdays. The parent not having custody of the children on a child's birthday shall have custody of both children on the child's birthday for at least two (2) hours and said parent shall provide the transportation. The two (2) hours shall be scheduled at a time mutually agreed upon by both parties recognizing that the birthday could fall on a weekday, which mayor may not be a school day, or a weekend. However. absent agreement, the out-of-custody parent shall have both children from 5:00 p.m until 7:QO p.m.; (i) President's Day. Father shall have every President's Day (celebrated on a Monday in February of each year) from 8:00 a.m. to 6:00 p.m. upon seven (7) days advance notice to Mother that he will exercise custody on that day and so long as he takes off work and is with the children himself. 5. Vacations. (a) Each party shall be entitled to exercise for the year 2006 two (2) non-consecutive weeks, and for the year 2007, three (3) non-consecutive weeks and for the year 2008 and thereafter, four (4) non-consecutive weeks of uninterrupted custody with the minor children each year upon forty-five (45) days advance written notice to the other party. Absent approval of the other party, which approval shall not unreasonably withheld: (1) Said period shall consist of seven (7) consecutive days and shall include the requesting party's weekend of custody; and 4 , , (2) Neither party shall be entitled to choose a week of custody if it encompasses one of the other party's holidays. (b) Notwithstanding the foregoing: (1) Father shall have custody for the period of May 18-22, 2006 for the purposes of taking the children to Disney World, even though this period encompasses Mother's regular weekend; in exchange, Mother shall have custody of the children the following weekend (including Memorial Day). This trip shall not constitute a part of Father's two weeks of non-consecutive vacation weeks for the year 2006. (2) In the event Father takes an anticipated trip to Japan with Madison, one of his otherwise non-consecutive weeks shall be for a period of eleven (11 ) consecutive days upon forty-five (45) days advance written notice to Mother; Father will still have one additional week remaining if the trip is taken in 2006 and two if taken in 2007. 6. Coooeration. Both Mother and Father shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day non-major decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall infoml the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. g5309, each party shall be entitled to complete and full information from any doctor, 5 , , dentist. teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children_ and shall promptly notifY the other parent of any changes in health or educational progress. Both parents shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists.. or other individuals concerning their progress and welfare. 7. Respect for Other Parent. Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the child and. to the extent possible, shall prevent third parties from making such comments in the presence of the child whcther the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad. your grandmother, etc. Each parent agrees to retrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 2. Paragraph 8(a) (telephone privilege) shall be modified to read in its entirety as follows: 6 (a) The parties shall have the right to speak to the children on the phone two (2) times per day. The custodial parent shall place the call to the other parent between 8:00 a.m. and 10:00 a.m. and, for the second call, between 7:30 p.m. and 8:30 p.m. unless prior arrangements are agreed upon by the parties. Calls to Mother will be placed to her cell phone: (717) 802-2221 and calls to Father will be placed to his cell phone: (717) 364-6765 and ifno answer, to his residence phone: (717) 732-7275. If the party entitled to receive the call does not receive the call by 10:00 a.m. or 8:30 p.m., that party may place a call to the other party at 10:00 a.m. or 8:30 p.m., however this remedy is intended to be rarely needed and is not intended to supplant the duty of the custodial parent to place the call as required herein. If the telephone number of a party changes, the party with the changed number shall notiry the other party in writing of the new number and thereafter, said party shall place the call to the new number. 3. The following language shall be added as subsection (e) to paragraph 8 of the June 13, 2005 court order: (e) In the event either party has to be away from the children during his/her custodial period for a period in excess offour (4) hours, (except for periods during the normal work schedule between 8:00 a.m. and 6:00 p.m. Monday through Friday when the non- custodial parent is working) the custodial parent shall provide the non-custodial parent with the right of first refusal to be the child care provider for the children during said custodia! parent's entire absence; 7 . " 4. Paragraph 10 of the June 13, 2005 court order shall be amended to change the restricted distance from fifty (50) miles to twenty (20) miles. 5. Paragraph 2 of the June 13,2005 court order shall be deleted as redundant to paragraph 1 thereof and a new paragraph 2 shall be added to read in its entirety as follows: 2. RESTRICTIONS. (a) Father shall not abuse, harass, stalk or threaten Mother in any place where she may be found; (b) Father shall be excluded from Mother's residence at 4173 Grouse Court, Apartment 105, Mechanicsburg, Pennsylvania, 17050 or any other permanent or temporary residence where Mother may live. Father shall have no right or privilege to enter or be present on the premises of Mother. This shall not operate to prevent or interfere with the regular and anticipated contact between the parties for the purposes of custody exchanges; (c) Father is prohibited from having any contact with Mother at any location, including but not limited to, Mother's business or place of employment. This shall not be construed to prohibit Father from attending activities of the children which he is otherwise not prohibited from attending, at which activities Mother is present, so long as Father has no contact with Mother; (d) Father shall not contact Mother by telephone or by any other means, including through third persons; (e) Father is prohibited from having any contact with Mother's relatives other than the children of the parties and Mother's maternal grandparents; 8 , . " (f) Father shall not damage, destroy or dispose of in any manner any property owned by both parties or solely by Mother; (g) Father agrees that upon a finding by a court of competent jurisdiction that Father is in violation of any of the provisions of this paragraph 2 and in addition to any other remedies available to Mother at law or in equity, Father shall consent to the entry of a Protection From Abuse Order containing, at a minimum, the restrictions included in this paragraph 2; (h) Notwithstanding any of the foregoing provisions of.this paragraph 2, Father may have contact with Mother by telephone for the legitimate purposes contemplated by this custody order, such as custody exchanges, medical! emergency issues, etc. 6. The Order of June 13,2005, as modified hereby, is attached hereto in a form which may be signed by the Court. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this Stipulation this~-:~ day of ~~nJt1J5 ,2006. c-- . '---Z........_.. /___..~~=~> ".---___. m CErn D. THOMAS ~~ STEVEN D. THOMAS 9 ( 'III ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF j),w~I^:- ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared ERIN D. THOMAS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisJ3 -J 5~~vv. --'-, \ day of ,2006. 0V\~h-- (). ~AhG~J---? Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: ()O~~ .:T \(~~C;17~ My commission ex ir1lQlllMONW!:AlTH or PENNSYlVANIA N DONNA J. KNISELY, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES /J'RIl 28 2008 10 L" COMMONWEALTH OF PENNSYLVANIA ) ~~. . COUNTY OFWaq~~ i BEFORE ME, the undersigned authority, on this day personally appeared STEVEN B. THOMAS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~yL. day of ;1JWLL ,2006. (Al~() 0~ Notary Public in and for Commonwealth of Pennsylvania yped or printed name of Notary: W hi F;e'e;- .=- My commission expires: NOTARiAl S~~ pUBLIC IlEBIlA A, RKE, NorM' Of HARBlSBUBG IlI-UV~\N CO. MY~M1SSION EXPIRES OCT. 24. 2009 11 01.... ..' VERIFICATION I verify that the statements made in this Petition for Special Relief and Modification of Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification to authorities. ~---:::) v -_ ~ ------ STEVEN D. THOMAS [)ate: March 23, 2006 ~ ..... . '.. CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Petition for Special Relief and Modification of Custody has been served upon the following individual by personal hand delivery on theyR day of March 2006, addressed as follows: John C. Howett, Jf., Esquire 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Respectfully submitted, D," JXf,M0 /BY:.. ..{~~Pv{:/.zr;;~t7~ L.- /DJane M. Dlls, EsqUIre 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 I.D. No. 71873 6 p P 1\, \\-- 1t- - --.::r t3 (3 -- --tJ ~ i;J \ ,. " ,.~ '.{.::-,. v( G \) \) -0 r=- n r_ "-I..... ..... ERIN D. THOMAS, PLAINTIFF/RESPONDENT V. STEVEN D. THOMAS, DEFENDANT/PETITIONER s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 05-2921 CIVIL TERM ORDER OF COURT ~~ AND NOW, this day of April, 2006, the petition for special relief IS DENIED without a hearing. The petition for modification of a custody order is referred to a conciliator. ~ne M. Dils, Esquire For Plaintiff/Respondent Jolln C. Howett, Jr., Esquire For Defendant/Petitioner Court Administrator :sal O~\~ By t~~ COU~'q '0 "-.. <:~) -<1 --~ i"..,) PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN D. THOMAS V. 05-2921 CIVIL ACTION LAW STEVEN D. THOMAS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, __.___ Tues~, Al'ril.!!,-~~06.. _.__..' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. . the conciliator, at .}9_~est Main Street, Mechanicsbu~&.!'~,,!,?055__. on Wednesday, May 03, 2006 at 12:~!,M for a Pre. Hearing Custody Conference. At soch conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to detlne 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. Fai]urc to appear at the conference mav provide grounds for entry of a temporary or permanent order. The court herehy directs the parties to furnish any and all existing Proteelion from Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hear;n!!. FOR THE COURT. By: _/s/__Dawn S.Sund"x,E~CL__-tl.'ff'+.. Custody Conciliator fJ" . The Court of Common Pleas ofCumherland County is required by law to comply with the Americans with DisabiJites Act of 1990. For information about accessible facilities and reasonable accommodations availab]e 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 coun. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F]ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephonc (717) 249-3166 p ,-.j ~'~ ] . ~ ~ w. _ ,_, ;:,1 << ,~_.~ t~,:' '"' ERIN D. THOMAS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 05-2921 CIVIL ACTION LA W STEVEN D. THOMAS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, April 12, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respeetive counsel appear before Dawn S. Sunday, E'q. at 39 West Main Street, Mechanic,burg, PA 17055 on Wednesday, May 03, 2006 , the conciliator, at 12:30 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 hearin!!. FOR THE COURT. By: /,1 Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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] 7013 Telephone (7] 7) 249-3166 4}7"'?7t;' 4'(J .~ ~ t?,t: } / 1/- ,r'u _ -<>','/t..7J('-I; ref fp '11W'2M1 i:;yiA 111- v]t./t Jl(l;r'~ it? ;-7-~' -4-r1r7J -f'fJ '7tl .Ot"/; n7:7 '",: ;y;; \1 ~..~ '..J ",~, , ; .J~, ~-,'LL I ~ ~ .r--< --7. "'--"<7';-:::;-:';'-::::':' 1 t ..... Plaintiff JUN 1 G 1OQ~ IN THE COURT OF COM~:eLE~qpE.f~, CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2921 CIVIL TERM ERIN D. THOMAS, v. STEVEN D. THOMAS, CIVIL ACTION - LAW IN CUSTODY Defendant BAYLEY, P.J. --- TEMPORARY ORDER OF COURT AND NOW, this -:;C? day of June, 2006, upon consideration of the Custody Conciliation Summary ReP'?rt.it is hereby ordered and directed as follows: 1. This Court's Order of March 14, 2006 shall remain in full force and effect pending further Order of Court or an agreement of the parties. 2. The parties shall continue in their individual counseling, specifically Mother shall continue to see Janet Staub, L.s.w. at Pinnacle Behavioral Health and Father shall continue to see Frank DiPrima. 3. The parties shall sign the appropriate authorizations for the release of confidential information to their respective counsel so that the therapists may release information related to the status of each party's therapy including duration, attendance, progress, issues resolved and issues remaining to be addressed, compliance and opinions as to the respective clients' readiness to commence therapeutic family counseling. This information will be released to counsel and shared between counsel. 4. Upon verification that the parties are clinically ready to begin, pursuant to 23 Pa.C.S. s5305(a), the parties will begin therapeutic counseling with either Casey Sheinvold, PhD. or Deborah Salem of Interworks. The un-reimbursed expenses associated with the therapeutic family counseling shall be paid 75% by Father and 25% by Mother. 5. Pursuant to 23 Pa.C.S. S5305(c), the parties shall execute the appropriate authorizations for release of information to their respective counsel with regard to the progress in the therapeutic family counseling such that a report will be made available to counsel prior to the next Custody Conciliation Conference. BY: ec ene on Friday, ciliator, Melissa Peel 6. The Custody Conciliation Conference shall September 29, 2006 at 8:30 a.m. at the office of the Cu Greevy, Esquire, 1901 State Street, Camp Hill, PA 11 1 / . BY THE URT: Dist: Darren J. Holst, Esquire. Howett Kissinger et al., 130 Walnut St., P.O. Box 810. Harrisburg, PA 17108 ' ~ Diane M. Oils. Esquire. 1400 N. Second Street, Harrisburg. PA 17102 ~ / (",) 3 . 0.. 9--. .- , I\i,',; ..! ~ ....~.'\'n8 .., \] '(11 U\J (, . d ;~, (';.1 ~!~:f' o:.'f17 vv \.,;I} )\H.h,,' 1, __-. ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2921 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. STEVEN D. THOMAS, 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: 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 Madison Thomas November 27,1999 Ella Thomas May 22, 2003 Mother and Father Mother and Father 2. A Custody Conciliation Conference was scheduled for June 9, 2006 in response to Father's Petition for Special Relief and Modification of Custody filed April 4, 2006. Mother filed an Answer to the Petition for Special Relief and Modification of Custody and a counter-claim for contempt and for counsel fees. Attending the Conference were: the Mother, Erin D. Thomas, and her counsel, Darren J. Holst, Esquire; the Father, Steven D. Thomas, and his counsel, Diane M. Dils, Esquire. 3. After conference with counsel, it was agreed that the parties' Petitions for Modification, Contempt, Counsel Fees and Special Relief will be held in abeyance while the parties participate in counseling. It was further agreed that in approximately ninety (90) days, the Conciliation Conference would be reconvened to assess the parties' progress and reconsider the pleadings pending before the Court. On behalf of their clients, counsel agreed to the entry of an Order. ua :277213 ... LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney J.D. No. 71873 1400 North Second Street, First Floor Front Harrisburg, P A 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Steven D. Thomas ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-2921 CIVIL ACTION LAW STEVEN D. THOMAS, Defendant CIVIL ACTION -- LA W IN CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this~ay of December 2006, comes the above named parties, Erin D. Thomas, represented by Darren J. Holst, Esquire and Steven D. Thomas, represented by Diane M. Dils, Esquire, and the parties intending to be legally bound, do hereby stipulate and agree as follows: 1. The parties are the natural parents of two minor children; namely: Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22, 2003. 2. The parties previously entered into an Agreement regarding custody of their minor children, said Agreement being made an Order of Court dated June 13,2005. 4... 3. Thereafter, the parties entered into a Stipulation for Entry of Agreed Upon Modification of Custody Order, said Stipulation being dated February 23, 2006. 4. The parties hereto agree that all provision of the Stipulation for Entry of Agreed Upon Modification of Custody Order shall remain in full force and effect with the exception of the following: (a). Paragraph 2 - Restrictions, on Page 8, Subparagraph's (a) through (h) shall be deleted in their entirety. All other provisions of the Stipulation for Entry of Agreed Upon Modification of Custody Order and the Modified Order entered June 13, 2005 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. v- 1/4/(~ WITNESS ?~:z>~- ERIN D:THOMAS (SEAL) /; :JU / ~1/ "ILK ~ LI~ITNESS/ -, .~~~ .,..~.._..-.. (SEAL) STEVEN D. THOMAS 2 .., COMM:ONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the !~r{:( day of '~~~::x-y~ , 200lt" before me, a Notary Public, the undersigned officer, personally appeared ERIN D. THOMAS, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. ,,,i\ 1"/11"1 IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My C,)nunission Expires: CGMJ\''IONWEAL TH OF PENNSYLVANIA - COMMONWEALTH OF PEN~SY!.VANIA NOTARIAL SEAL GINGER L GONTZ, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY ~y COMMISSION EXPIRES MAY 17, 2008 COUNTY OF CUMBERLAND On this, the dl day-;fDc~....bt( , 200 '7, before me, a Notary Public, the undersigned officer, personally appeared STEVEN D. THOMAS, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. My c011?:g}!ssion expires: IN WITNESS WHEREOF, I have hereunto set 3 ') ,-. ~..i LA W OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney J.D. No. 71873 1400 North Second Street, First Floor Front Harrisburg, P A 17102 Telephone No. (717) 232-9724 Attornev for Defendant. Steven D. Thomas ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Ys. NO. 05-2921 CIVIL ACTION LAW STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this~;;;:ay of December 2006, comes the above named parties, Erin D. Thomas, represented by Darren 1. Holst, Esquire and Steven D. Thomas, represented by Diane M. Dils, Esquire, and the parties intending to be legally bound, do hereby stipulate and agree as follows: 1. The parties are the natural parents of two minor children; namely: Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22, 2003. 2. The parties previously entered into an Agreement regarding custody of their minor children, said Agreement being made an Order of Court dated June 13, 2005. " 3. Thereafter, the parties entered into a Stipulation for Entry of Agreed Upon Modification of Custody Order, said Stipulation being dated February 23, 2006. 4. The parties hereto agree that all provision of the Stipulation for Entry of Agreed Upon Modification of Custody Order shall remain in full force and effect with the exception of the following: (a). Paragraph 2 - Restrictions, on Page 8, Subparagraph's (a) through (h) shall be deleted in their entirety. All other provisions of the Stipulation for Entry of Agreed Upon Modification of Custody Order and the Modified Order entered June 13, 2005 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. y- 1t/[~ WITNESS ~;5~- ERIN D: THOMAS (SEAL) u.)n :]U .' , / ..~. ~ , . t:/ t.fV>"{kC.. ~ WITNESS- ., .~--tC:?",~~-"- (SEAL) STEVEN D. THOMAS 2 '. COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND On this, the !;J),rf( day of 'lPU'u1~yr , 200~, before me, a Notary Public, the undersigned officer, personally appeared ERIN D. THOMAS, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. .\.' ""t('I, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. I My C'JrJlmission Expires: C'JM~'10NWEAL TH OF PENNSYLVANIA COMMONWEALTH OF PENNSYtVANIA NOTARIAL SEAL GINGER L GONTZ, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES MAY 17, 2008 COUNTY OF CUMBERLAND On this, the d \ day~~c-em.b.f, f , 200 '~', before me, a Notary Public, the undersigned officer, personally appeared STEVEN D. THOMAS, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set My cOI1?:J1}!ssion expires: 3 ~~.. f>"~ ) u ~ ~' .. t-- ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Vs. NO. 05-2921 CIVIL TERM STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW this ~ day of December, 2006, it is hereby Ordered that said Stipulation and Agreement of the parties attached thereto is incorporated herein and made a part hereof by reference. BY THE C.Ql.I&T: ~ ,"'/ / J. /' DjBtribution: ~en 1. Holst, Esquire, 130 Walnut St., P.O. Box 810, Harrisburg, PA (iane M. Dils, Esquire, 1400 N. Second 81., Harrisburg, PA 17102 ~~ 17108 f!; N ~: 0 <J ";7 1'-:: ':~:; l.\J s.;~ h~s: :z: 0- /~f-":: '''(C) ill r)~,.L: {'-oJ CL!L.:l..... :::::!t.U W U-F 1...0 0 ,-0 .l:'--~ u_ C':":} -' 0 (';;;;.> 0 (;"-.l ':. .. . LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor Front Harrisburg, PAl 71 02 Telephone No. (717) 232-9724 Attorney for Defendant. Steven D. Thomas ERIN D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-2921 CIVIL ACTION LAW STEVEN D. THOMAS, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, thiS~ay of December 2006, comes the above named parties, Erin D. Thomas, represented by Darren J. Holst, Esquire and Steven D. Thomas, represented by Diane M. Dils, Esquire, and the parties intending to be legally bound, do hereby stipulate and agree as follows: 1. The parties are the natural parents of two minor children; namely: Madison Thomas, born November 27, 1999 and Ella Thomas, born May 22, 2003. 2. The parties previously entered into an Agreement regarding custody of their minor children, said Agreement being made an Order of Court dated June 13, 2005. " . . 3. Thereafter, the parties entered into a Stipulation for Entry of Agreed Upon Modification of Custody Order, said Stipulation being dated February 23, 2006. 4. The parties hereto agree that all provision of the Stipulation for Entry of Agreed Upon Modification of Custody Order shall remain in full force and effect with the exception of the following: (a). Paragraph 2 - Restrictions, on Page 8, Subparagraph's (a) through (h) shall be deleted in their entirety. All other provisions of the Stipulation for Entry of Agreed Upon Modification of Custody Order and the Modified Order entered June 13, 2005 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. y- }l4!d WITNESS @vP~/t.U WITNES ' ?;~ ERIN D. THOMAS (SEAL) ~-zet~~ STEVEN D. THOMAS ~(SEAL) 2 , , '. . . . . COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ~rC( day of ~~ , 200Co, before me, a Notary Public, the undersigned officer, personally appeared ERIN D. THOMAS, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. ",II '''''1"" IN WITNESS WHEREOF, I have hereunto set my hand and official seal. , Io' My Commission Expires: f 9-P ' - U i\ 9-Q ..:1: ~y-;~ COMJ\{ONWEAL TH OF PENNSYL VANIA COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GINGER l. GONTZ, NaTARY PUBUC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES MAY 17, 2008 COUNTY OF CUMBERLAND On this, the d\ day ~~Y' , 200~, before me, a Notary Public, the undersigned officer, personally appeared STEVEN D. THOMAS, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. My co~.sit)a;"p,~es".i",; ',:'>"k:~ .. .--="- - ---I MOTf\;~"~t S,;L WENDY M. SURlf,J-ICUJEFt, 'N;;J.'.tJ'j Public Boro of Carlisle, Cu.mbartand County i ~ ~,!,Isci(!fl E~n~ .!ul'eT, ,~!." IN WITNESS WHEREOF, I have hereunto set 3 >: S1' I;: '.:,~. r-5 ';~:; t~}: :--c () ! .-" :D ~L\J u..:::c l- lJ._ o - --. 1.0 o t'::::..C 1...0 C'J (..:J W o -;:... "",C-.J ~ I;"-J c5