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HomeMy WebLinkAbout05-6068 Harry M. Baturin, Esquire BATURIN &BATURIN 2604 North Second Street Harrisburg, P A 17110 (717) 234-2427 GAYLORD M. THOMPSON, JR., ) Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Defendant ) ) ) NO. OS' - bDbY C!{tJj,-,~~ VS. TAMMY L. NEAL, CUSTODY COMPLAINT FOR CUSTODY AND NOW, this _ day of November, 2005, comes the Plaintiff, GAYLORD M. THOMPSON, JR., by and through his Attorneys, the Law Offices ofBATURIN & BATURIN, and files this Complaint for Custody and respectfully represents as follows: 1. The Plaintiff is GAYLORD M. THOMPSON, JR., an adult individual, sui juris, who currently resides at 2600 Wilson Parkway, Harrisburg, Dauphin County, Pennsylvania 17104. 2. The Defendant is TAMMY L. NEAL, an adult individual, suijuris, who currently resides at 742 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3, Plaintiff and Defendant were never married. 4. The Plaintiff and Defendant are the natural parents of one (1) child, A VERIANNA NICHOLE (NEAL) THOMPSON (presently I Y, years of age, born 07/3012004). Said minor child is the subject of this Custody Complaint. 5. Plaintiff seeks full legal and primary physical custody of the parties' minor child, A VERIANNA NICHOLE (NEAL) THOMPSON. 6. The aforementioned minor child is presently in the physical custody of her natural mother, Tammy L. Neal, the Plaintiff in the Custody Complaint, and resides at 742 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 7, Since birth, said child has lived at the following addresses with the following persons: DATE ADDRESS CUSTODY Birth - present 742 Erford Road Camp Hill, PA 17011 Natural Mother 8. The relationship of the Plaintiff in the Custody action to subject minor child is that of natural father. The Plaintiff is single. 9. The relationship ofthe Defendant in the Custody action to subject minor child is that of natural mother. The Defendant is currently single. 10. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the aforementioned minor child. 2 11. The Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 12. The best interest and permanent welfare of said minor child will be served by granting the relief requested because: a. Plaintifflnatural father is wel1 able to adequately provide for the continuing health, educational needs and general welfare of said child; b. Plaintiff/natural father is wel1 able to adequately provide for said child with a proper and wholesome environment, physical1y, emotionally, psychologically and socially, within which to live; c, Defendant/natural mother has withheld custody from Plaintiff/natural father. d. It is in the best interest of the child general1y that primary legal and physical custody be granted to the child's natural father, Gaylord M. Thompson, Jr., Plaintiff herein, WHEREFORE, Plaintiff, GAYLORD M. THOMPSON, requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final Order 3 granting primary legal and physical custody of said minor child, Averianna Nichole (Neal) Thompson, to the Plaintiff, Gaylord M. Thompson, Jr. Respectfully submitted, Dated: ) :l1~ ,2005 BATURlN & BATURlN By: }j~~~ Harry M. Baturin Attorney ill #83006 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney for Plaintiff 4 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLA1NT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFOR\1ATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PAC.s. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: \ \-)1l V; (SEAL) ..tL:). (~) G ['.'" --;1 -- ^i \- -- ~ --- , V( ~" " ., ~ \j C,) - 'lJ ...:r. - ~ - V'-' _.,- W .' ~ " s .-, "'-.., GAYLORD M. THOMPSON, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6068 CIVIL ACTION LAW TAMMY L. NEAL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, December 02, 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, P A 17011 on Friday, January 13, 2006 at 1 :30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to dellne and narrow the issues to be heard by the court. and to enter into a temporary order. All children age Ilve 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 herehy 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 hearinf!:. FOR THE COURT. By: Isl Melissa P. Greevy. Esq. Custody Conciliator 1-'/1 , 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 aceommodations 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 47~~? ~~~/ XJ1.c/ ~ ~ ~-~145c'J'CI ~ ~~ t4>;r'? 5o,?-C?/ " !'. ,\ ~- 'Is :'. , .' ,,'..: '.' GAYLORD M. THOMPSON, JR., ) Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ) vs. NO. 05-6068 ) TAMMY L. NEAL, Defendant ) CUSTODY CERTIFICATE OF SERVICE I, Harry M. Baturin, Esquire, of the Law Firm of Baturin & Baturin, attorneys for the Plaintiff in the above-captioned matter, do hereby certify that on December 8, 2005, I deposited in the United States Mail, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, a clocked-in copy ofthe Complaint For Custody and Order of Court attached thereto, bearing Article No. 70041160000333321219, addressed to: Tammy L. Neal, 742 Erford Road, Camp Hill, PA 17011. The said article of Certified Mail, as shown by the U.S. Postal Service Track & Confirm printout was received by the Defendant on December 16, 2005, which printout is attached hereto and marked as Exhibit "A", along with the deposit slip dated December 8, 2005, for said article of Certified Mail aforementioned. BA TURIN & BA TURIN By: ~rn.~ ~~ J! B~turin Attorney J.D. # 83006 2604 North Second Street Harrisburg, PAl 711 0 (717) 234-2427 Attorney for Plaintiff Date: December 27,2005 USPS - Track & Confirm , . Page 1 of 1 iir!!I VNlTTi,D STIlTES _ POSTIJL SERVICE.. HQm~ I Hel(:! Track & Confirm Search Results label/Receipt Number: 70041160 0003 33321219 Status: Delivered Track & Confi:rrn Your item was delivered at 9:54 am on December 16, 2005 in CAMP Hill, PA 17011. Enter Label/Receipt Number. I ,; Additional Dtttaifs > ) (iferuro"ii)"U$i'S:CMf"HiJiiW;--';1 Notiticatioo Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go> -~-~-----"'-"-~--~-,,--_.-..---~""--,----""-_.-.~-"._'-,----,-~~~----"-_..,~"~"._-_._..,~'--"-"--'_."'-_..--,,.-",,_.._--,.,. . POSTAL INSPECTORS Preserving the Trust site map contact us government services jobs National & Premier Accounts Copyright@ 1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy U.S. Postal Service'M CERTIFIED MAIL", RECEIPT (Domestic Mail Only; No Insurance Coverage ProvIded) IT' ,., ru ,., ru m m m Postage $ fI 7 $2.30 CA'~Htt to.OO ~'~j;- ~ I D: GD _": \ Postma. ", HerU \ ~ m o o Retum Reciept Fee D (Endorsement Required) o Restricted Delivery Fee ....D (Endorsement Required) ,., ,., Certified Fee $1.75 Total Postage & Fees $ H.38 12/0812005 ;:T o SentTo ~ Sfnje~~--~--~~~!_------------------------------------------------------ ~;:'~;';P+f~ii~~~or~ARdi70ii--..--m--m.---------- PS Form 3800 June 2002 See Reverse for Instructions EXHIBIT "A" http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 12/27/2005 ~, .-, (~ ") 1......-' -,1 " C'} \ I C') f"",) \...':J ...,,-' o. I''''' f'o', -< -~ .~ ~ RECEIVED MAR 10 ZOC6 GAYLORD M. THOMPSON, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6068 CIVIL TERM v. CIVIL ACTION - LAW TAMMY L. NEAL, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this ,~Jt^ day of March, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custodv. The parties, Gaylord M. Thompson Jr. and Tammy L. Neal shall have shared legal custody of the minor child, Averianna Nichole (Neal) Thompson. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phvsical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A Initially, Mother shall be present for Father's periods of custody, the first of which shall be from 4:00 p.m. to 5:30 p.m. on Sunday, March 5, 2006. B. Commencing March 10,2006, each Friday from 5:30 p.m. to 7:30 p.m. C. Commencing March 12, 2006, each Sunday from 4:00 p.m. to 7:00 p.m. D. At such other times as the parties shall agree. 3. The Custody Conciliation Conference shall reconvene on Friday, September 8, 2006 at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. It is contemplated at the time the Custody Conciliation Conference reconvenes that the child will have become familiar with Father being a consistent presence in her life, and that the periods of partial custody will be expanded to include overnight periods of custody. The parties agree that if the . ~". , NO. 05-6068 CIVIL TERM September 8, 2006 Custody Conciliation Conference is not necessary, upon written notice from both parties, the Conference may be cancelled. However, in the event that one parent wants to attend the Conference, the Conference time shall go forward. BY TH EpOU RT,:",----:. /. -J, ~~::;[S\ ;"'J-/ '\ J. Oist: ~rtney L. Kishel, Esquire, P. O. Box 650, Hershey, PA 17033 v"iarry M. Baturin, Esq., 2604 N. Second Street, Harrisburg, PA 17110 Vi\\\""i\!:,~:',\~-,\:.::I.I , .'i,i' "',,,," "..~,:\C IJ..' 'r'~' ' .~-"'n::J I ,.\'_ I' : 'L", ,,...'W " )'-.-' ' '. ',', .'~ ~, OU2 ~d S \ l:\l;Ji~ %Ul AI:\VlONOHtCGd 3\41. ::10 :c-\ ~\~'=rOjll:l RECEIVED MAR 102[16 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6068 CIVIL TERM GAYLORD M. THOMPSON, JR., v. CIVIL ACTION - LAW TAMMY L. NEAL, IN CUSTODY 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 Averianna Nichole (Neal) Thompson July 30, 2004 Mother 2. The parties' first Custody Conciliation Conference was held on March 3, 2006. Father filed a Complaint for Custody on November 28, 2005. The matter had been scheduled for January 13, 2006. However, Mother's counsel had a scheduling conflict with another hearing which resulted in the rescheduling of the conference date. Attending the Custody Conciliation Conference were: the Father, Gaylord M. Thompson, Jr., and his counsel, Harry M. Baturin; the Mother, Tammy L. Neal, and her counsel, Courtney L. Kishel, Esquire. 3. The parties reached an agreement in the form of Order as attached. The intent of the agreement is that the parties be flexible with each other in initiating contact between Father and the parties' daughter, age 20 months. The initial task is to establish a frequency of contact and thereby a familiarity between Father and daughter. The parties intend to work flexibly with each other in a fashion consistent with the child's developmental needs. The parties were also encouraged to contact Parent Works in order to establish an understanding of the child's developmental needs, to assist Father in ways to approach his introduction to the child's life, and to assist Mother in coping with the child's perceived separation anxiety. I. ) :3 /r!OJp ~ j, Date Melissa Peel Greevy, Esq Custody Conciliator :270492 GARLORD M. THOMPSON, JR., Plaintiff v. TAMMY L. NEAL, Defendant rRECEIVED ~ I AUG" 1.006 I ~~~=-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6068 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this::l-b r L- day of August, 2006, counsel for the parties having agreed to cancel the Custody Conciliation Conference scheduled for September 8, 2006, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. :281671 Melissa Peel Greevy, Esquire Custody Conciliator (") c: ;:~ ;:r~l'L':' ~~:r..; en 1~,:~ ~~ )::: - 5' j~~~ 2 :< <;? .J:" W "" :g "" "" c- c.~ N \D "0 ::;;:; ~ :r! fl1:rJ r- l:'1m ::r)C' C) I :'~j5? (~'j ::[.J ~":(q ,,) ?iJ -< (0 T 110 F" I +Ri DEC 19 F 4i I' 02 llIBERLAO i;? UINIT Harry M. Baturin, Esquire BATURIN & BATURIN P E N Nr S Y LYA N 1 r'% 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 GAYLORD M. THOMPSON, JR., ) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 6 $ - ( O (D'% & TAMMY L. NEAL, Defendant ) CUSTODY COMPLAINT FOR MODIFICATION OF CUSTODY AND NOW, this day of December, 2011, comes the Plaintiff, GAYLORD M. THOMPSON, JR., by and through his Attorneys, the Law Offices of BATURIN & BATURIN, and files this Complaint for Custody and respectfully represents as follows: I. The Plaintiff is GAYLORD M. THOMPSON, JR., an adult individual, sui juris, who currently resides at 2600 Wilson Parkway, Harrisburg, Dauphin County, Pennsylvania 17104. 2. The Defendant is TAMMY L. NEAL, an adult individual, sui juris, who currently resides at 742 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant were never married. a'v'?k , -70'00 Patin ?- a 4. The Plaintiff and Defendant are the natural parents of one (1) child, AVERIANNA NICHOLE (NEAL) THOMPSON (presently 7 '/2 years of age, born 07/30/2004). Said minor child is the subject of this Custody Complaint. 5. Plaintiff seeks shared legal and primary physical custody of the parties' minor child, AVERIANNA NICHOLE (HEAL) THOMPSON. 6. The aforementioned minor child is presently in the physical custody of her natural mother, Tammy L. Neal, the Plaintiff in the Custody Complaint, and resides at 742 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 7. Since birth, said child has lived at the following addresses with the following persons: DATE ADDRESS CUSTODY Birth - present 742 Erford Road Natural Mother Camp Hill, PA 17011 8. The relationship of the Plaintiff in the Custody action to subject minor child is that of natural father. The Plaintiff is single. 9. The relationship of the Defendant in the Custody action to subject minor child is that of natural mother. The Defendant is currently single. 10. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the aforementioned minor child. 2 11. The Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 12. The best interest and permanent welfare of said minor child will be served by granting the relief requested because: a. Plaintiff/natural father is well able to adequately provide for the continuing health, educational needs and general welfare of said child; b. Plaintiff/natural father is well able to adequately provide for said child with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; C. Defendant/natural mother has withheld custody from Plaintiff/natural father. d. It is in the best interest of the child generally that shared legal and physical custody be granted to the child's natural father, Gaylord M. Thompson, Jr., Plaintiff herein. WHEREFORE, Plaintiff, GAYLORD M. THOMPSON, requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final Order granting shared legal and physical custody of said minor child, Averianna Nichole (Neal) 3 Thompson, to the Plaintiff, Gaylord M. Thompson, Jr. Dated: 2011 Respectfully submitted, BATURIN & BATURIN By: Jl m Harry M. Bat n Attorney ID #83006 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney for Plaintiff 4 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. GAYLORD M. THOMPSON, JR. PLAINTIFF V. TAMMY L. NEAL DEFENDANT AND NOW, Thursday it is hereby directed that parties and d at MDJ Office, 1901 State St., C, for a Pre-Hearing Custody Conferenc if this cannot be accomplished, to def order. Failure to appear at the confen 'The court hereby directs the Special Relief orders, and Custody The Court of Common with Disabilites Act of 1990. Fo available to disabled individuals must be made at least 72 hours p conference or hearing. YOU SHOULD TA HAVE AN ATTORNEY OR ( FORTH BELOW TO FIND 0 yolad?c >rc Py ?? 00" ?f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN SYLVANI*nC0 t= fix? i 1 -VM 2005-6068 CIVIL ACTION LAW ea -*? C C_- o A --- ?? 6 ) n? ? IN CUSTODY ORDER OF COURT 22, 2011 , upon consideration of the attached Complaint, it respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, gp Hill, PA 17011 on Thursday, January 12, 2012 at 3:00 PM At such conference, an effort will be made to resolve the issues in dispute; or and narrow the issues to be heard by the court, and to enter into a temporary ce may provide grounds for entry of a temporary or permanent order. s to furnish any and all existing Protection from Abuse orders, to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Gree Es q, Custody Conciliator 'leas of Cumberland County is required by law to comply with the Americans information about accessible facilities and reasonable accommodations aving business before the court, please contact our office. All arrangements or to any hearing or business before the court. You must attend the scheduled i THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT KNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -&/k(/%r GAYLORD M THOMPSON, JR., Plaintiff V. TAMMY L. NEAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6068 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT day of January, 2012, upon consideration of the Custody AND NOW, this Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Gaylord M. Thompson, Jr. and Tammy L. Neal, shall have shared legal custody of the minor child, Averianna, age seven, having been born in 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5336, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Commencing February 4, 2012, and contingent upon Father obtaining a bed in which the child will sleep at his home, Father will have partial custody on alternating Saturdays from 1:00 p.m. until 6:00 p.m. Sunday for a period of three (3) months. 3. The Custody Conciliation Conference shall reconvene on May 4, 2012 at 1:00 p.m. at 1901 State Street, Camp Hill, PA 17011. It is the parties' intention at that time to discuss the expansion of Father's custodial time to create an alternating weekend schedule that will be employed from Friday at 6:00 p.m. until Sunday at 6:00 p.m. In the event that both parties agree that the scheduled Conference be cancelled, Father's custodial schedule will change effective May 11, 2012 to alternating weekend periods of custody from Friday at 6:00 P.M. until Sunday at 6:00 p.m. The parties are advised that the Conference shall not be cancelled without their mutual consent indicated in writing to the Conciliator. 4. The parent receiving custody shall provide transportation incident to the custodial exchange. V' 5. Holidays shall be shared by mutual agreement of the parties. NO. 2005-6068 CIVIL TERM 6. In the event that Father is thirty (30) minutes or more late to commence any period of partial custody with no notice to Mother, it shall be deemed that Father has forfeited his custodial period and Mother shall be free to make other plans with the child. 7. This Order vacates and supersedes this Court's prior Order of March 15, 2006. 8. No party shall relocate the child if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337 as set forth in Exhibit A attached to this Order. A • PUAC.GY Dist: ? Harry M. Baturin. Esquire, 2604 North Second Street, Harrisburg, PA 17110 it Tammy L. Neal, 438 Meadow Drive, Camp Hill, PA 17011 ar1? J. CF.I. f ?.? h Y cr, EXHIBIT A REQUIREMENTS REGARDING RELOCATION OF RESIDENCE A relocation is a move or change of residence that will significantly impair the ability of the non- relocating party to easily exercise periods of custody. You cannot relocate with the child(ren) without following these procedures. If you are contemplating such a move, you are strongly urged to seek the advice of an attorney to make sure that you are following the procedures. You are not permitted to relocate your residence without either: The consent of every individual who has custody rights to the child(ren) to the proposed relocation OR • the court approves the proposed relocation. NOTICE The party proposing the relocation must notify every other party who has custody rights to the child(ren) of the proposed move by certified mail, return receipt requested. You should complete the attached "Notice of Proposed Relocation to Be Completed by Party Intending To Relocate" and send the notice to all other parties by certified mail, return receipt requested. 2. Notice must be given 60 days before the date of the proposed relocation OR 10 days after the date that the party knows about the relocation only if the individual did not know and could not have reasonably known about the relocation in time to comply with the 60 days notice or it is not reasonably possible to delay the date of relocation to comply with the 60 day notice. 3. You must include with this mailing the attached "Counter-Affidavit Regarding Relocation". The other parties must complete this form to indicate their position with regard to the proposed move. WHAT DO(ES) THE OTHER PARTY(IES) DO WHEN THEY RECEIVE THE NOTICE AND COUNTER-AFFIDAVIT? If you receive a notice and a counter-affidavit, you must complete the counter-affidavit and file with the Prothonotary's Office this completed counter-affidavit within 30 days from the day you receive the notice and counter-affidavit. If you fail to file this counter- affidavit within the 30 days, you will be foreclosed from objecting to the relocation. 2. If the counter-affidavit is timely filed and the party objects to the proposed relocation or objects to the proposed modification of the custody order, a hearing will be held. ob 3. You must serve the other party with the Counter-Affidavit by certified mail, return receipt requested. 4. If notice of the proposed relocation has been properly given and no objection to the proposed relocation has been filed with the Prothontoary, then it will be presumed that the nonrelocating party has consented to the proposed relocation. 5. If a party who has been given proper notice does not file with the court an objection to the relocation within 30 days after receipt of the notice but later petitions the court for review of the custodial arrangements, the court shall not accept testimony challenging the relocation. WHAT DO I DO IF NO OBJECTION TO THE PROPOSED RELOCATION IS FILED? The party :proposing relocation shall file the following with the Prothonotary prior to relocation: An affidavit stating that the party provided notice to every individual entitled to notice, the time to file an objection to the proposed relocation has passed and no individual entitled to receive notice has filed an objection to the proposed relocation. 2. Proof that proper notice was given in the form of a return receipt with the signature of the addressee and a copy of the full notice that was sent to the addressee. 3. A petition to confirm the relocation and modify any existing custody order, and 4. A proposed order containing the information in the notice. WHAT DO I DO IF A COUNTER-AFFIDAVIT IF FILED WITH THE PROTHONOTARY THAT INDICATES THERE IS NO OBJECTION TO THE PROPOSED RELOCATION AND NO OBJECTION TO THE MODIFICATION OF THE CUSTODY ORDER CONSISTENT WITH THE PROPOSAL FOR A REVISED CUSTODY SCHEDULE? The court may modify the existing custody order by approving the proposal for a revised custody schedule submitted with the Notice. You should submit a proposed order with distribution and attach a copy of the notice and the courter-affidavit. WHAT DO I DO IF A COUNTER-AFFIDAVIT IS FILED WITH THE PROTHONOTARY WHICH INDICATES THAT THE NONRELOCATING PARTY OBJECTS EITHER TO THE PROPOSED RELOCATION OR TO THE MODIFICATION OF THE CUSTODY ORDER? You should file a motion for a hearing with the Prothonotary's Office. The matter will be assigned to a judge for the scheduling of a hearing and disposition. a.€ D-OEr 1GL 11E PROTHONO T?E?, 2012 FEB 14 PM 12: 5 8 Gaylord M. Thompson CUMBERLAND GOUKV THE COURT OF COMMON PLEAS Plaintiff, P NSYLYANIAOF PENNSYLVANIA VS. CUMBERLAND COUNTY BRANCH Tammy L. Neal, CIVIL ACTION - LAW Defendant NO. 2005-6068 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf of Tammy L. Neal, the above-named Defendant. Respectfully Submitted, DISSINGER AND DISSINGER Date: Z. Mary A'. Etter Dissinger :? Attorney for Defendant Supreme Court I.D. 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 cc: Harry Baturin Esq. - 2604 N. 2nd St., Harrisburg, PA 217110 GAYLORD M. THOMPSON, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. TAMMY L. NEAL, Defendant Placey, J.- NO. 2005-6068 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 51:5 day of April, 2012, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Order vacates and supercedes this Court's prior Order of January 26, 2012. 2. The parties, Gaylord M. Thompson, Jr. and Tammy L. Neal, shall have shared legal custody of the minor child, Averianna, age seven, having been born in 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5336, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Mother shall arrange for counseling for the parties' daughter through Guidance Associates of Central Pennsylvania, which was selected in part because of their participation in Mother's insurance coverage for the daughter, as well as Mother's Employee Assistance Program benefits. Mother shall promptly advise Father of the arrangements and appointment times for this counseling. The goal of the counseling is to address concerns the child is expressing regarding spending overnight periods of custody away from Mother and with Father. The parents will participate as requested by the child's therapist so that they may assist the child with coping with her emotions and with the goal of being able to make the transition to be able to enjoy periods of weekend partial custody with Father on a consistent basis. The parties will share equally in the costs of the copays for these clinical services. 4. Pending the recommendation from the counselor to modify the schedule set forth below to include overnight periods of custody with Father, the following temporary interim schedule shall be in effect: A. Effective April 27, 2012, Father shall have periods of partial custody on alternating Fridays from 5:30 p.m. to 8:30 p.m. NO. 2005-6068 CIVIL TERM B. Effective April 28, 2012 and April 29, 2012, Father shall have periods of partial custody from 11:00 a.m. to 6:00 p.m. Saturday and 11:00 a.m. to 6:00 p.m. Sunday on alternating weekends. C. When the child is not with Father, she shall be with Mother. 5. Father shall have custody for Father's Day and Mother shall have custody for Mother's Day, at times agreed to by the parties. 6. Counsel for the parties shall contact the Conciliator to schedule another Conciliation Conference to be scheduled the first week of November 2012. 7. The parent receiving custody shall provide transportation incident to the custodial exchange. 8. In the event that Father is thirty (30) minutes or more late to commence any period of partial custody with no notice to Mother, it shall be deemed that Father has forfeited his custodial period and Mother shall be free to make other plans with the child. 9. No party shall relocate the child if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures as required by 23 Pa.C.S. §5337. RY THE G-01 IRT- Thomas A. la ey, J. Dist: t 1 -- SAS V?? -n® Harry M. Baturin, Esquire, 2604 North Second Street, Harrisburg, PA 17110 d rnr7 l M Mary A. E tter Dissinger, Esquire, 28 N. 32" Street, Camp Hill, PA 17011 =;:o ,,r- w -V CcP, tf )nc..'I rd C 3 c.n - CD , GAYLORD M. THOMPSON, JR., Plaintiff V. TAMMY L. NEAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6068 CIVIL TERM 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: follows: 1. The pertinent information concerning the child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Averianna Nichole (Neal) 2004 Mother Thompson 2. The Conciliation Conference reconvened on April 20, 2012. Participating in the Conference were the Father, Gaylord M. Thompson, Jr., and his counsel, Harry M. Baturin, Esquire; the Mother, Tammy L. Neal, and her counsel, Mary A. Etter Dissinger, Esquire. 3. The parties reached an agreement in the form of Order as attached. Judge Placey signed the most recent Order of January 26, 2012. 1T Date Melis-sa PeeTGreevy, Esquire Custody Conciliator 492831 ~'~ GAYLORD M. THOMPSON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA • 05 - (v 0(0$ V. : NO,=~6 CIVIL ACTION -LAW TAMMY L. NEAL, . ~-, 3 N --~ Defendant : IN CUSTODY rn ~ ~ ~ *~~ ,_ r-- c ~ ORDER OF COURT ~ --` AND NOW thi ~C? f ~VV ~l'~ 2012 ~5 d N `e''.~3 - , s ay o , , upon ;:j ~ consideration of the attached Custody Conciliation Report, it is ordered and directed aS~ ~' ~, follows: The prior Order of Court dated April 30, 2012 is hereby vacated. 2. The Mother, Tammy L. Neal shall have sole legal custody of Averianna Neal, born July 30, 2004 Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as agreed by the parties. 5. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE Thomas A. Pi~cey cc~Harry Baturin, Esquire, Counsel for Father Common Pieas ]udge /Mary A. Etter Dissinger, Esquire, Counsel for Mother ~' p; es n~.a. ~1~~ ~`~~slia 2Yti ` 1 GAYLORD M. THOMPSON, JYt., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2005-6088 CIVIL ACTION -LAW TAMMY L. NEAL, Defendant : IN CUSTODY PRIOR JUDGE: Thomas A. Placey, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Averianna Neal July 30, 2004 Mother 2. A Conciliation Conference was held in this matter on November 6, 2012, with the following in attendance: The Mother, Tammy L. Neal, with her counsel, Mary A. Etter Dissinger, Esquire. Although notice was provided to Father's counsel, Harry Baturin, Esquire, neither Father, Gaylord M. Thompson, Jr. nor his counsel attended the Conciliation Conference. 3. The Honorable Thomas A. Placey previously entered an Order of Court dated Apri130, 2012 providing for shared legal custody, Mother having primary physical custody and Father having several hours of partial physical custody on alternating weekends. 4. Mother requested an Order in the form as attached. Date: l 1 - L / ~- ,-,...~:~C....---.~_ d~ ~ ~ ~ it.~..~~..__ Jc_ acqu ine M. Verney, Esquire Custody Conciliator