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HomeMy WebLinkAbout05-6007McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile peurdy(a)mwn.com Attorneys for Plaintiff STACEY A. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTTE LAMONT THOMAS, Defendant NO. IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy(a mwn.com Attorneys for Plaintiff STACEY A. THOMAS, Plaintiff V. SCOTTE LAMONT THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 5- G b'D 1 aAl-d 1 _ell IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Stacey A. Thomas, who currently resides at 1367 Yorktowne Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Scotte Lamont Thomas, who currently resides at 1367 Yorktowne Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks legal custody and physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Kayla Thomas 1367 Yorktowne Road 4/4/96 Mechanicsburg, PA Rysa Thomas 1367 Yorktowne Road 6/16/98 Mechanicsburg, PA Devyn Thomas 1367 Yorktowne Road 12/17/00 Mechanicsburg, PA 4. The children were not born out of wedlock. N `:; ZGUr STACEY A. THOMAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6007 CIVIL TERM v. SCOTTE LAMONT THOMAS, ORDER OF COURT CIVIL ACTION - LAW IN CUSTODY AND NOW, this ? 6 day of January, 2006, upon consideration of the attached Custody Conciliation Summary Report, the Agreement of the parties regarding custody is incorporated in this Order of Court as if the entire Agreement were set forth in full below. Dist: acey A. Thomas, 1367 Yorktowne Road, Mechanicsburg, PA 17050 tte L. Thomas, 4175 Mountain View Road, Apt. 105, Mechanicsburg, PA 17050 ichard C. Rupp, Esquire, 355 North 21" Street, Suite 205, Camp Hill, PA 17011-3707 92mela L. Purdy, Esquire, P.O. Box 1166, 100 Pine Street, Harrisburg, PA 17108-1166 Defendant D? In The Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law Custody STACEY A. THOMAS VS. SCOTTE L. THOMAS NO. 05-6o07 AGREEMENT OF THE PARTIES THE PARTIES REGARDING CUSTODY Whereas, the parties hereto are husband and wife, having been married on July 25,1992; Whereas, three children were born of the marriage, namely, Kayla Brooke Thomas, born April 4,1996; Rysa Lexine Thomas, born June 16, 1998; and Devyn Blair Thomas, born December 17, 2ooo; and Whereas, the parties are desirous of settling amicably the situation with regard to the custody of the said children; Now therefore, it is agreed by and between the parties as follows: 1. Mother and Father shall share legal custody of the said children, Kayla, Rysa, and Devyn. All decisions affecting the children's growth and development including, but not limited to: participation in and choice of camp, if any; participation in choice of day care provider; medical, dental and orthodontic treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; athletic pursuits and extracurricular activities and related activities shall be considered major decisions and shall be made by the parents jointly after discussion and No. 05-6007 Civil Term consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interests. 2. Mother shall hereafter have primary physical custody of the minor children, Kayla, Rysa and Devyn. 3. Father shall have partial physical custody of the children as follows: a. Commencing, January 6, 2006, Every other Friday, after school through Sunday, at 8:30 P.M. If Father has weekend partial custody of the children, and the immediately following Monday is either Martin Luther King Day, "President's Day", or Columbus Day, then in that event, Father will have the option to retain physical custody through that Monday until 7 p.m. Notice of intent to keep the children over the holiday must be given to Mother no less than one month before said holiday. b. Every Wednesday evening immediately after school or daycare until 8:30 p.m., at which time Father shall be responsible for bringing the children back to the home of Mother by 8:30 P.M. On such Wednesdays, Father shall be responsible for retrieving the children from the bus stop, or from school, or from a child care provider, as the case maybe. c. Twelve (12) days of vacation or extended time, with the children, as Father may elect, with Father being required to give 45 days notice of each such vacation/ extended time with the children. Mother shall also have twelve (12) days of vacation or extended time with the children as Mother may elect. Such time may be wither 12 straight days, or, broken into two (2) parts, the election of the parent. Mother shall No. o5-6007 Civil Term have the right to the selection of vacation time in even numbered years, and Father shall have the right to the selection of vacation time in odd numbered years. The parent with the right to elect the vacation time, must do so, if at all, by May 1 of each year. Notwithstanding the above, the parties acknowledge that the children have for many years vacationed in New Jersey with Mother and her extended family, usually in July or early August. Mother shall therefore each year have the right to take the children for a vacation in July or August with the extended family of Mother. 4. Alternating holidays J special occasions as follows: a. Easter and Spring Break: In odd numbered years, Father shall have physical custody of the minor children commencing Thursday immediately after school and continuing for the first half of the vacation period. Mother has the children for the second half of the vacation period in odd years. (For example, the Holiday period typically lasts from Thursday through Monday. In odd numbered years, Father would have the children from Thursday until noon on Saturday when he would return the children to Mother. In even numbered years, the schedule would reverse with the Father having partial custody of the children for the second half of the holiday and Mother having them during the first half.) b. Memorial Day. Father shall have partial physical custody of the minor children every other Memorial Day weekend from 6:oo PM. Friday No. 05-6o07 Civil Term until 6:oo P.M. on Monday, which shall occur in even numbered years. Mother shall have such weekend with the children in odd numbered years. C. Father's Day. Father shall always have partial physical custody of the minor children each Father's Day from 9:oo A.M. until 7:00 P.M. (Mother shall always have physical custody on Mother's Day 9:oo A.M. until 7:00 P.M.) d. July 4th. Father shall have partial physical custody of the minor children every July 4 from 9:oo AM. until 7:00 P.M, in odd numbered years, and Mother shall have the children for the same period in even numbered years. e. Labor Day. Father shall have partial physical custody of the minor children each Labor Day from 9:00 A.M. until 7:00 P.M., in even numbered years. Mother shall have partial physical custody of the minor children each Labor Day from 9:oo A.M. until 7:00 P.M., in odd numbered years. f. Halloween. It is agreed that the children will walk in the neighborhood of the Yorktowne Road, Bunker Hills development or wherever Mother has a home, to trick or treat with Mother. Father is invited to walk with them in the neighborhood if he desires. If Father's neighborhood observes a different Trick or Treat night, Father may have custody for that purpose, or both parents may accompany the children for this holiday. g. Thanksgiving. In odd numbered years, Father shall have partial physical custody of the minor children commencing Thursday at 9 A.M. and ending Thursday at 9 P.M. In even numbered years, Mother shall have the children commencing Thursday at 9 A.M. and ending Thursday at 9 P.M. No. 05-6007 Civil Term h. Christmas. Christmas Eve and Christmas day shall be shared as follows. In the even numbered years, Father shall have partial physical custody of the minor children commencing December 24, at 6:0o P.M. and continuing until December 25, Christmas morning at noon. In odd numbered years, Father shall have partial custody of the minor children for the second half of December 25, commencing at noon and continuing until Christmas day evening at 8 P.M. In the odd numbered years, Mother shall have partial physical custody of the minor children commencing December 24, at 6:0o P.M. and continuing until December 25, Christmas morning at noon. In even numbered years, Mother shall have partial custody of the minor children for the second half of December 25, commencing at noon and continuing until Christmas day evening at 8 P.M. During the week between Christmas and New Year's, Father may have partial custody of the children for one (1) additional day, if he desires, with Father being required to give to Mother 3o days notice of such additional day. If Mother considers the use a babysitter or daycare during the holiday break, Father shall have the first right of refusal for Mother's work days before Mother may select an alternate arrangement. i. New Year's Eve/New Year's Day. The New Year's Holiday shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 31st at Noon until January i at Noon Segment B shall be from January 1 at Noon until January 1 at 8:30 p.m. In even-numbered ears, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. No. 05-6007 Civil Term j. On occasion, Mother or Father may travel out of town without the children. On such occasions, the traveling parent will advise the non traveling parent of such plans at least 14 days in advance, except in cases of emergency or unexpected travel, in which case notice shall be given as promptly as possible. The non traveling parent shall have the right of first refusal to have physical custody of the children on such occasions. The non traveling parent shall be expected to use good faith in agreeing to accept custody of the children on such occasions. 5. Transportation Schedule. Father shall provide all transportation of the children for all of the above scheduled regular and holiday / special occasion physical custody time with Father. If mother requests Father to take and Father does take the children for additional unscheduled times, then Mother shall provide the transportation to and from Father. Whichever parent has physical custody of the children when he/she/they will attend an activity, then that parent having physical custody shall provide the transportation to and from such activity. The other parent, if possible, shall help with transportation in the event that the children have different activities simultaneously at different locations. 6. Priority, The holiday and vacation schedule as set forth herein shall take precedence over and supersede the regular day and weekend custody arrangements. 7. Telephone Calls: During the time that a parent does not have physical custody of the children, the children shall be permitted by the parent who has custody to speak with the other parent at least one (1) time per evening. 8. If Mother needs to find alternative child care, Mother shall first attempt to ask Father to provide child care for any block of time of at least 4 hours. If No. 05-6007 Civil Term Father cannot or will not care for the children, then Mother may choose another child care provider whom she selects at her discretion. If Father needs to find alternative child care, Father shall first attempt to ask Mother to provide child care for any block of time of at least 4 hours. If Mother cannot or will not care for the children, then Father may choose another child care provider whom he selects at his discretion. 9. General Provisions / Agreed upon Conduct: Each party shall keep the other informed of the progress of the children's education and social adjustments. Each party shall not impair the other party's right to shared legal or physical custody of the children. Each party shall give support to the other in the role as parent and to take into account the opinion of the other for the physical and emotional well-being of the children. Neither parent shall discuss the support obligations of a parent with the children. Neither parent shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage him/her/them to participate in the plan hereby agreed to and Ordered. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. No. 05-6007 Civil Term The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may from time to time become necessary and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule or any other issue regarding the custody schedule prior to discussing the matter and reaching an agreement with the other parent. The parties intend that issues of transportation, additional custody times, and other important matters shall be discussed directly with one another, and not through the use of the children. Neither parent shall schedule activities or appointments for the children which would require their attendance, participation or expense at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval, which approval shall not be unreasonably withheld. Each parent shall be entitled to receive complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The father's name shall be listed with the school / daycare as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of school conferences and events. Father shall also be entitled to receive all such information directly from schools, doctors, health care providers, and any other such sources. If Father wants to No. 05-6007 Civil Term receive such information directly, he may arrange to do so directly with the healthcare provider or school. Neither party will question the children as to the personal life of the other parent except insofar as necessary to insure the personal safety of the children. This means that the children will not be used as a spy on the other party. It is agreed by both that it is harmful to children to be placed in the middle and/or in the role of a "spy". Neither party will make extravagant promises to the minor for the purposes of ingratiating himself or herself to the minor children at the expense of the other party; further, any reasonable promise to the children should be made with the full expectation of carrying it out. If a party finds him or herself unable to exercise physical custody or visitation when scheduled, he or she should give immediate notice to the other party, so as to avoid subjecting the children to unnecessary apprehension and failure of expectations. If either party or a child has plans which conflict with a scheduled visit and wish to adjust such visitation, the parties should make arrangements for an adjustment acceptable to the schedules of every one involved. Predetermined schedules are not written in stone, and both parties should be flexible for the sake of the children. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make any emergency decisions necessitated by the emergency without consulting the other party. However, that parent shall inform the other parent of the emergency and consult with him or her as to how to deal with the emergency as soon as practicable. STACEY A. THOMAS, Plaintiff .ioN 2 ?) 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-6007 CIVIL TERM V. SCOTTE LAMONT THOMAS, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kayla Thomas April 4, 1996 Mother Rysa Thomas June 16, 1998 Mother Devyn Thomas December 17, 2000 Mother 2. A Custody Conciliation Conference was scheduled for January 13, 2006 following Mother's filing of a Custody Complaint on November 21, 2005. Attending the Custody Conciliation Conference were: the Mother, Stacey A. Thomas, pro se and the Father, Scotte Lamont Thomas and his counsel Richard C. Rupp, Esquire. 3. The parties attended the conciliation conference having worked out a vast majority of the topics of their concern. Through the conciliation, they were able to reach agreement on the remaining topics and agree that an Order would be entered based on that agreement. Their agreement appears in the form as attached. The parties have asked that this agreement be incorporated into an Order of Court. Date f 14 Me issa Peel Greevy, Esquir Custody Conciliator mis:266855 5. The children are presently in the custody of Plaintiff and Defendant, who reside at 1367 Yorktowne Road, Mechanicsburg, PA. 6. Plaintiff has filed a Petition for Exclusive Possession of the Marital Home. A hearing is scheduled for November 21, 2005, at 2 p.m. before Judge Guido. 7. For the past five years, the children have resided with the persons at the following addresses: LIST ALL PERSONS Stacey A. Thomas LIST ALL ADDRESSES 1367 Yorktowne Road Mechanicsburg, PA DATES 11/00-11/05 Scotte L. Thomas 1367 Yorktowne Road 11/00-11/05 Mechanicsburg, PA 8. The Mother of the Children is Plaintiff currently residing at 1367 Yorketowne Road, Mechanicsburg, Cumberland County, Pennsylvania. She is married to Scotte L. Thomas. 9. The Father of the Children is Defendant currently residing at 1367 Yorketowne Road, Mechanicsburg, Cumberland County, Pennsylvania. He is married to Stacey A. Thomas. 10. The relationship of Plaintiff to the children is that of Mother. Plaintiff currently resides with the following persons: NAME RELATIONSHIP Scotte L. Thomas Husband Kayla Thomas Daughter Rysa Thomas Daughter Devyn Thomas Son -2- 11. The relationship of Defendant to the children is that of Father. Defendant resides with the following persons: NAME Stacey A. Thomas Kayla Thomas Rysa Thomas RELATIONSHIP Wife Daughter Daughter Devyn Thomas Son 12 Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of these children in this or another court. 13. Plaintiff does not know of a person nor 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. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) Mother has been the children's primary caregiver their entire lives, and is best able to take care of them; and (b) Other reasons which may more fully appear at hearing. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children. -3- WHEREFORE, Plaintiff requests the Court to grant her joint shared physical and legal custody of the children. McNEES WALLACE & NURICK LLC By F>&? - ?L-IV - Pamela L. Purdy Attorneys for Plaintiff Dated: ' Vrp'? Z I1 zoos-- -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: ? I 0-t l'Qs J ?"5 l-'n tel: A)P 1 ?y.5 4? STACEY A. THOMAS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6007 CIVIL ACTION LAW SCOTTE LAMONT THOMAS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, December Ol, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at _ MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on _ Friday, January 13, 2006 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ' if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: is/ Melissa P. Greevy, Es 1 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ?" Sd-s rr -ri.i STACEY A. THOMAS, Plaintiff V. SCOTTE LAMONT THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6007 IN CUSTODY PRAECIPE TO SUBSTITUTE COUNSEL TO THE PROTHONOTARY: Please enter the appearance of Pamela L. Purdy, Esquire for Plaintiff Stacey A. Thomas, and withdraw the appearance of McNees Wallace and Nurick LLC, as counsel for the Plaintiff in the above captioned action. Paul Nurick LLC PO Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorney I.D. #53148 Date: La Pamela L. Purdy, Esquire 115 Pine Street Harrisburg, PA 17101 (717)221-8303 Attorney I.D. #85783 Date: 7 ©/v r CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Scotte Lamont Thomas 1367 Yorktowne Road Mechanicsburg, PA 17050 Dated: ,3 ?)-b 6 ,rla 'n .J ? t- f?1 -71T -I)Ci !-?(,} .L ;, ,«- ' n ? W ?? (-? '? rv Stacey A. Thomas, Pro Se 1367 Yorktowne Road Mechanicsburg, PA 17050 717- 691-9660 STACEY A. THOMAS Social Security No.: 191-46-0205, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT, PENNSYLVANIA vs. SCOTTE LAMONT THOMAS Social Security No.: 191-46-1941, Defendant NO. 05-6007 IN CUSTODY WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly mark my Appearance on behalf of the Plaintiff, Stacey A. Thomas as WITHDRAWN. Pamela L. Purdy 308 N. Second Street, Suite 20 P.O. Box 11544 Harrisburg, PA 17108 Date: ' ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my Appearance on behalf of myself, pro A vti,._. Stacey A. Thomas 1367 Yor owne Road Mechanicsburg, PA 17050 717-691-9660 Date: - I IF- a ? ? -? T_ ? ? "'fp ? ? { ;tC? ?. R? ? ?.; _ Y"*? ??.; -' C: