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HomeMy WebLinkAbout05-6016 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05- ~ 0 II. C4:.J 1<-<-.- CIVIL ACTION - LAW DAVID J, THUMMA, Plaintiff MARCIA S. BARNHART, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY I, Plaintiff is David 1. Thumma, an adult individual currently residing at 165 Church Road, Carlisle, Cumberland County, Pennsylvania. 2, Defendant is Marcia S, Barnhart, an adult individual cun'ently residing at 17 Blue Spruce Drive, Enola, PA 17025. 3, Plaintiff seeks primary custody of children, Jewel R. Thumma (born March 24, 1990) and David J. C. ("Jake") Thumma (born September 6, 1993), Jake was born during the parties' marriage and Jewel was adopted by Plaintiff in 199211993, 4, Since the children's births, the children have resided with the following persons at the following addresses for the following periods of time: WHEN WHERE WHO David (Jan, 1994-Nov, 1995) Marcia Jewel Jake January 1994 to 200] 4442 McKenrick Drive, chambersburg, PA 17201 Summer 2001 to August 2005 135 Lancaster Avenue, Enola, P A 17025 Marcia Jewel Jake August 2005 to Present Marcia Jerry Jewel Jake 5, The relationship of the Plaintiff to the children is that of father. He is divorced and ] 7 Blue Spruce Drive, Enola, PA 17025 living separately, The Plaintiff currently resides with the following: Name Bonita Murphy Relationship Girlfriend 6, The relationship of the Defendant to the children is that of mother, She is divorced and living separately, The Defendant currently resides with the following: Nan1e Relationship Jerry Sutton Boyfriend Jewel Thumma Daughter David J, C. ("Jake") Thumma Son 7, The parties have not participated in previous litigation concerning the custody of the children in this court or any court. 8, The Plaintiff has no information of a custody proceeding concerning the children pending in any other court, 9, The best interest and permanent welfare of the children wi11 be served by granting primary custody to Plaintiff because: Plaintiff can provide a more stable, loving and safe environment for the children, 10. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children, WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. Respectfully Submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By Jen iu . pears, Esquire Ten E st High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: November 22, 2005 . . . VERIFICATION The foregoing Complaint For Custody is based upon information which has been gathered bymy counsel in the preparation ofthe lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of] 8 Pa, C.S, Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties, / .A-1 (2 C) .." ~ ~f <;.: -- ~ Q ~ I=J l"-.' l' f'.' ",J - --F - Ir, -...) ....:. .., I.>' ... f"-J '>-' -' - f'! -- C' 1""~ -> v c::' \ F:\F1LES\DATAFlLE\Genetal\Current\11884.laos Created: 11129105 !0:38AM Revised 11/29105 JO:38AM Jemlifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243.3341 Attorneys for Plaintiff DAVID J, THUMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05-6016 CIVIL ACTION - LAW MARCIA S, BARNHART, Defendant IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA ) : SS, COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Custody was mailed to Defendant Marcia S. Barnhart at 17 Blue Spruce Drive, Enola, P A 17025, on November 22, 2005, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Marcia Barnhart" and dated November 23,2005. JJ~"ire Sworn to and subscribed before me this~tMay of November, 2005, ~ j{, ()~ No Public COMMONWEALrH OF I'ENNSYLVANIA Notarial Seal Mary M, Price, Notary Public Call1s/e Boro, Cumberl8nd County My Commission ExpireaAug, 18. 2007 Member, PennsyfvaniS .~~ of NotItIW ---------- ~- 1""'......... :::-1 \'< ~r"- . . Complete items 1, 2, and 3. Also complete item 4 W Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: ,/ D Agent o Addressee q. Date of Delivery D. Is delivery address different from item 1? 0 Ves If YES, enter delivery address below: 0 No Ms. Marcia Barnhart 17 Blue Spruce Drive Enola, PA 17025 3. SaNiee Type l:l eert_ Mall o Registered o Insured Mall o Express Mail o Return Receipt for Merchandise DC,O,D, 4. Restricted Delivery? (Extra Fee) g;l Yes 2. Article Number rr- from serv/cS label) PS Fonn 3811, February 2004 7003 1010 0001 1188 8993 Domestic Return Receipt 102595-02-M-1540 en [f' [f' '" '" '" .... .... u.s. Postal Service", CERTIFIED MAil," RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) EHW lit 11025 Postage $ ,> m~; '. \..?{r~'" l / . ,.".. ..1 \,m~ , ~ CO o c:J Return Raciept Fee (Endorsement Required) CJ Restricted Delivery Fee M (Endorsement Required) o .... Certified Fee $1.75 $3.50 Total Postage & Fees $ $8.38 en \\W\\ a entTo o Ms. Marcia Barnhart f'- Si_umum_mum,u,__m__m_um.m_uumu-m._m_m.u.um.-u.m orr::J':::.:!o~.; 17 Blue Spruce Drive c;,y,Siii.~iip+4in~ia;---PA-u-iio25-mu__uum__.u._.. PS Form 3800 June 2002 See Reverse for Instructions ';'] _..! DA VlD j, THUMMA PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-6016 CIVIL ACTION LAW MARCIA S, BARNHART DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 29, 2005 , upon consideration of the attached Complaint, it is hereby directed that paliies and their respective counsel appear before Jacqneline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on_..._...!.u.esday, Jan~ary.Jl!, 2006 at 8:30 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 detine and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ facqueline M. Vemev. Esq. Custody Conciliator '/II\ Ij 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 17013 Telephone (717) 249-3166 ~ ~.??1' L"l-:';? ~ /WP:d' ~7 .' . r /"' .(' J~F~. -r; ,y.50~-c/ - * Z ~>>U ~~ S2J f,. C'/ ~ #:r J J?f'.l7W '~,7 .~-;;{? 5: e'/ i; ,I ?:~ :,:~i . - s 1(\,\1 ~:". ;: LUlJb DAVID J. THUMMA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA y V. : NO. 2005-6016 CIVIL ACTION - LAW MARCIA S. BARNHART, Defendant IN CUSTODY ORDER OF COURT Stl-. - AND NOW, this 1.. day of J ,,11\\1 V'h ,2006, upon consideration of the attached Custody Conciliation Repo ,It IS ordered and directed as follows: I, The Father, David J. Thumma and the Mother, Marcia S. Barnhart, shall have shared legal custody of Jewel R. Thumma, born March 24, 1990 and David J. C. (Jake) Thumma, born September 6, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non.emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding their health, education and religion. This means that Father is entitled to all information concerning the children's medical care and all educational information and that Father be listed as a contact person for the children at school. 2. Mother shall have primary physical custody of the children. 3, follows: Father shall have periods of partial physical custody of the children as A, Beginning Friday, January 27, 2006, alternating weekends Friday at 3:15 p.m, to Sunday at 8:00 p,m, for both children, B. Father shall have an additional weekend per month at the same times as indicated above, for physical custody of Jake. Said weekend shall be as agreed by the parties at the beginning of every month with consideration of Jake's extracurricular activities, C. In the event that there is a Monday holiday that falls on any of Father's weekends, his time shall be extended to Monday at 8:00 p,m, 4, Transportation shall be shared such that the receiving party shall transport. 5, children, The parties shall be entitled to reasonable telephone contact with the 6. The children shall participate in counseling and the parties shall participate in the event that the child's counselor recommends it. i 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. Another Conciliation Conference is scheduled for Monday, May 8, 2006 at 8:30 a.m. BY THE COURT, ~-L \ ...... c~ M. \ \ J\ '\ . .., -., I - .:i <{. 0(.. ;:~ ,. cc: Jennifer L Spears, Esquire, Counsel for Father )' Sanford A. Krevsky, Esquire, Counsel for Mother ~ ~ CS ;~i 1 AL C~7 ~ l' .,.... c _. 'J I, _. -, :1 /------- ., - DAVID J. THUMMA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-6016 CIVIL ACTION - LAW MARCIA S. BARNHART, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: I, The pertinent information concerning the Children who are the subject of this .litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jewel R. Thumma March 24, ] 990 David J. C. (Jake) Thumma September 6, 1993 Mother Mother 2. A Conciliation Conference was held in this matter on January 20, 2006, with the following in attendance: The Father, David 1. Thumma, with his counsel, Jennifer L. Spears, Esquire, and the Mother, Marcia S, Barnhart, with her counsel, Sanford A, Krevsky, Esquire, 3. The parties agreed to an Order in the form as attached. (-~()~C0 Date k '0 ,V\ ; Jv_~ !0c., L'. c J cqu ' e~ Vemey, Esquire .: 'Custody Conciliator . DAVID J. THUMMA, Plaintiff RECEIVED JUL 122006 Y !J : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-6016 CIVIL ACTION - LAW MARCIA S. BARNHART, Defendant IN CUSTODY ORDER OF COURT AND NOW, this \~ "" day of :r \l \ consideration of the attached Custody Conciliation R follows: , 2006, upon ort, it is ordered and directed as 1. The prior Order of Court dated January 25, 2006 is hereby vacated. 2. The Father, David J. Thumma and the Mother, Marcia S. Barnhart, shall have shared legal custody of Jewel R. Thumma, born March 24, 1990 and David J. C. (Jake) Thumma, born September 6, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms ofPa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled 10 full participation in all educa1ional and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 3. Mother shall have primary physical custody of Jewel. Father shall have periods of partial physical custody of Jewel as the parties agree. 4. During the school year, Father shall have primary physical custody of Jake. Mother shall have the following periods of partial physical custody of Jake during the school year: , A. Alternating weekends from Friday (Thursday if Friday is a school holiday) at 4:00 p.m. provided Mother advises Father that she is available to pick him up the day before, and otherwise no later than 5:00 p.m. to Monday (Tuesday if Monday is a school holiday) when Mother will assure that the child is dropped off at school. B. Alternating Tuesdays overnight from 4:00 p.m. if Mother advises Father that she is available to pick him up otherwise not later than 5:00 p.m. to Wednesday morning when Mother shall assure that he is dropped off at school. C. Such other times as the parties agree. 5. During the summer, Mother shall have primary physical custody of Jake. Father shall have the following periods of partial physical custody: A. One week in June, 2 weeks in July (consecutive or non-consecutive at Father's discretion) and one week in August from Sunday to Sunday. Both parents shall provide at least 30 days prior notice of their weeks so they may be coordinated, except in 2006. 6. follows: Holidays, which shall take precedence over the regular schedule are as A. Thanksgiving-Mother shall always have the child from Thursday at 3:00 p.m. to Sunday at 8:30 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from December 23 at 8:00 p.m. to December 24 at 8:00 p.m. Block B shall be from December 24 at 8:00 p.m. to December 25 at 8:00 p.m. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. In addition, Mother shall have five overnights during the Christmas break, which may include her regular weekend by may not be added to her weekend. C. Spring Break-Mother shall have three overnights during the child's spring break. In the event that spring break is shortened due to snow days, Mother is not entitled to makeup time. D. Mother's DayIFather's Day. The parties shall be have physical custody of Jake for the entire weekend that the holiday falls on. E. Special family events shall be discussed between the parties who will make every effort to cooperate with each other. The party requesting Jake's attendance a1 a special family event shall offer make-up time. 7. The children shall participate in counseling and the parties shall participate in the event that the child's counselor recommends it. 8. The parties may contact the children daily by telephone or e-mail. Grandparents may have reasonable telephone and e-mail contact with the children. The parties shall provide telephone numbers where the children may be reached if they are away from the area or out of cell phone contact. 9. In the event that Jake decides he does not like his living arrangements with his Father, he may return to the primary physical custody of his Mother, provided the counselor verifies the child's wishes. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, '\.. cc: Jennifer L. Spears, Esquire, Connsel for Father Sanford A. Krevsky, Esquire, Counsel for Mother .~~ 1,/11-0(, L}- "I : i 1:11 .',:'~ RECEIVED JUL 122006 1 DAVID J. THUMMA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-6016 CIVIL ACTION - LAW MARCIA S. BARNHART, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jewel R. Thumma March 24, 1990 David J. C. (Jake) Thumma September 6, 1993 Mother Mother 2. A Conciliation Conference was held in this matter on July II, 2006, with the following in attendance: The Father, David 1. Thumma, with his counsel, Jennifer L. Spears, Esquire, and the Mother, Marcia S. Barnhart, with her counsel, Sanford A. Krevsky, Esquire. 3. The Honorable M.L. Ebert, Jr. entered a prior Order of Court dated January 25, 2006 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. 1-t}-of, tf1..v/. Date ac eline M. Verney, Esquire Custody Conciliator