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HomeMy WebLinkAbout06-2524 GEORGE E. THOMAS, JR., Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 2006 - :JS"."<Y Cio~C~;/2..h 1 CIVIL ACTION - LAW CUSTODY PAMELA R. THOMAS, Defendant COMPLAINT FOR SHARED LEGAL AND PARTIAL CUSTODY r-> AND NOW, this -') day of May 2006, comes the Plaintiff, George E. Thomas, Jr., by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: I. The Plaintiff is George E. Thomas, Jr., an adult individual currently residing at 30 Creekside Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Pamela R. Thomas, is an adult individual currently residing at 626 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant were previously married on August I, 1987, and subsequently divorced on November 30, 2004, in the Court of Common Pleas of Cumberland County, docket number 2004-3698. 4. As a result of the parties' marriage, one child was born; namely: Shannon Rae Thomas, born May 11,1997, in Harrisburg, Pennsylvania. 5. During the parties' divorce, there were no custodial periods set forth. 6. The mmor child has resided with the Defendant smce the parties' separation and subsequent divorce. 7. The mmor child has resided at the address of 626 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, smce November 2004. Previous to said address, the minor child resided with both parties at the address of 2210 Boxwood Lane, Mechanicsburg, Pennsylvania, from 2000 until November 2004. 8. Since the parties' separation, the Plaintiff has been denied certain periods of partial custody rights with his daughter. 9. The Plaintiff, George E. Thomas, Jr., has not been permitted to enjoy shared legal custody of his daughter, in that, he is basically told what is occurring in his daughter's life and has not been permitted input. 10. There has been no prior action for custody or visitation of the minor child in this or any other jurisdiction. 2 11. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor child in this or any other Court. 12. The 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. 13. The Plaintiff has no information of the custody proceedings concerning the child pending in a Court of this Commonwealth or any other state. WHEREFORE, Plaintiff, George E. Thomas, Jr., respectfully prays your Honorable Court to grant him shared legal custody and partial custody with a specific schedule for the determination of the same. Respectfully submitted, ~" , . --.... EiX..~-~ _------r-/ ... ~. /::-:2/ .. ./[/X_~A Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PAl 71 02 (717) 232-9724 J.D. No. 71873 Dated: May 3, 2006 3 VERIFICA TION I verify that the statements made in this Complaint for Shared Legal and Partial 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. - ~ "J) /' , ;;:: ~/p GEORGE E. THOMAS, JR. / Date: May 3. 2006 ~ -...Q P ---- ---- \f, .\l )J ~ , .~ '" (-:0 ., - '" D ....:t '. .J ..- -;J ,..... ...:( \..1', , \ ...t:: \AJ r-- ~ ::I::> r--- ~ .. r -- -f-- ~ GEORGE E. THOMAS, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-2524 CIVIL ACTION LAW PAMELA R. THOMAS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 11,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before MelissaP. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, June 16,2006 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 hearine:. FOR THE COURT. By: 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 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 YOUDO 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) 249.3 166 ~ p .p. ~"'I ~l 1<l.5/~ .#P ~ ~ ~ 9cJ.J/-F ~-7~#f~'P; ~t2-51'Y _ IfIN\/AIASNN:Jd AlNi'C(' n, "-", j~a'''n'' '.,,,' \,,'.: ::,,":'.In v 88 :8 Wd S I )'VI>! 9002 ^tfv'lOl~OHlOCid 3Hl :10 301::!~O-O311:1 '7 JUll 8 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE E. THOMAS, JR., Plaintiff NO. 06-2524 CIVIL TERM V. CIVIL ACTION - LAW PAMELA R. THOMAS, Defendant IN CUSTODY ~ AND NOW, thisd) day of , 2006, the Parents, Pamela R. Thomas, ("Mother") and George E. omas, Jr., ("Father"), (also individually "Parent" and collectively "Parents") have reached an agreement regarding custody of their minor child, Shannon Rae Thomas, born on May 11, 1997 (the "Child"), the terms of which are more fully set forth herein, and in consideration of the attached Custody Conciliation Summary Report, IT IS HEREBY ORDERED AND DECREED as follows: CUSTODY ORDER 1.0 LEGAL CUSTODY: The Parents shall have shared legal custody of the Child. 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. Pursuant to the terms of PA. C.S. !i5309, 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. In addition to the foregoing, the following shall also apply: 1.1 TeleDhone Contact: Each Parent shall be afforded reasonable telephone contact with the Child while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home phone number. Each Parent, step-Parent, or live-in mate shall not unreasonably interfere with the Child's right to privacy during such telephone conversations, nor shall listen to that conversation an extension telephone. Each Parent shall see that the Child calls the other Parent upon receipt of any phone message requesting such a return call. The Child shall also be permitted to call the then non-custodial parent upon her request. 1.2 Residence Address: Each Parent shall at all times provide the other Parent with his or her residence/home address where the Child can be reached when in that Parent's custody. 1.3 TemDorarv Absence: The then custodial Parent shall provide the other Parent with reasonable notice of the locations where the Child will be staying overnight when other than the Parent's residence. 1.4 Physical DisciDline: Neither Parent shall physically discipline the Child, nor threaten the Child with physical discipline. 1.5 Extracurricular Activities: Both Parents shall honor and participate in the activities that the Child wish to engage in. The Parents specifically agree that the Child may participate in Girl Scouts and as a member of the Mechanicsbunz Swim Club and may engage in all such activities and events associated with those activities. During a Parent's custodial period, that Parent shall make certain that the Child attends any extracurricular activities and will transport the Child to and from such activities and the preparation and practice of the activities that are scheduled, in such time so that the Child is able to participate in those activities. Neither Parent shall, however, shall commit the Child to activities that fall during the other Parent's periods of custody without the consent of the other Parent, which consent shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shall not be required to take the Child to an activity if that Parent is out of town during the activity. In the event the custodial Parent is unable to deliver the Child to a particular activity, he or she shall notify the other Parent who shall be entitled to pick up and deliver the Child to the activity and the custodial Parent shall make certain that the Child is ready for pick up in time to timely attend the activity. 2.0 PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Child: 2.1 Primarv/Partial Custody: Mother shall have primary physical custody of the Child and shall have physical custody of the Child for all periods not specifically reserved for Father herein. Father shall have partial physical custody of the Child in accordance with, and subject to the following custody schedule. 2.2 Custody Schedule: The Parents' rights of physical custody shall be in accordance with the following schedule: 2.2.A Alternatinsz Weekends: Each Parent shall have physical custody on alternating weekends from Friday at 2:45 pm until Sunday at 7:00 pm. Father's first weekend shall be the weekend of July 7th. During Father's weekend if he is in town, he shall take the Child to Mother's church at - 2 - -,' 8:45 am so that she can attend Children's Choir, Sunday School and regular service and will pick up the Child at the end of those activities. 2.2.B Holidavs/SDecial Davs: Physical custody for major holidays and special days shall be in accordance with the following schedule: ... : ..... HQI.;I~~l'$~ND ".IS 15ft. OlD SPECI.\U.,II)A'f'S ~ l'EAQ Easter Saturday before Easter Day at Father Mother 6pm until Easter Sunday at 7pm ('See Note Below) "Note: When Easter is Father's holiday, Father must bring the Child to Easter Sunday Services at Mother's Church, unless otherwise agreed. Memorial Day Friday before Memorial Day at Mother Father 2:45pm until Memorial Day Monday at 7pm July 4th A 48 hour period to include July Father Mother 4th to be mutually agreed upon by the parties Labor Day Friday before Labor Day at Mother Father 2:45pm until Labor Day Monday at 7pm Thanksgiving Day Evening before Thanksgiving Day Father Mother at 6 pm until Thanksgiving Day at 7pm Christmas Segment A December 24th at noon until Mother Father December 25th at noon (""See Note Below) "Note: When Christmas Eve is Father's holiday, Father must bring the Child to Christmas Eve Services at Mother's Church, unless otherwise agreed. Christmas Segment B December 25th at noon until Father Mother December 26th at noon Mother's Day Evening before Mother's Day at Mother Mother 6pm until Mother's Day at 7pm Father's Day Evening before Father's Day at Father Father 6pm until Father's Day at 7pm - 3 - ',' 2.2.D Summer Vacation Time: Each Parent shall be entitled physical custody of the Child during the summer under and subject to the following terms and conditions: 2.2.D.1 Summer Defined: Summer is defined as the first Friday evening following the last day of school to the last Friday evening before the first day of school in the fall. 2.2.D.2 Summer Custodial Periods: Each Parent shall be entitled to one (1) uninterrupted weeks during the summer, provided that he or she is not working during that time, it being the parties' intent that this week is to be a vacation period to be exercised with the child. 2.2.D.3 Weeks Defined: Each week shall run from Friday at 7:00pm until the following Friday at 7:00pm. Each week may be subject to adjustment for special vacation plans or rental accommodations. To the extent possible each week shall be scheduled to encompass the selecting Parent's regular alternating weekend. 2.2.D.4 Advance Written Notice: Each Parent shall give the other Parent with at least thirty (30) days advance written notice of his or her intention to exercise each of these custodial weeks. Should either Parent have plans scheduled for the summer, and the required thirty (30) day notice has not been given, the Parent who first gives notice to the other shall have the right to exercise custody on the week selected and the other Parent shall not schedule a vacation during that period. 2.2.E. Additional Time: In addition to Father's alternating weekends, and any other custody period specifically set forth herein, father shall be afforded such additional custody periods as may be requested by the Child. 2.3 Soeclal Provisions Rellardim! Weekend Switchinll: If the exercise of any of the foregoing physical custody periods result in a Parent having physical custody for more than two (2) consecutive full weekends, (Friday through Sunday) so as not to change the regular alternating weekend schedule for the remainder of the year, the Parents shall switch weekends so that neither Parent has physical - 4- ....' custody for more than two (2) consecutive weekends. Otherwise the alternating weekend schedule shall not be modified. For example, if Father is entitled to Memorial Day Weekend and also has custody for the weekend immediately before and following Memorial Day Weekend, the Parents shall switch weekends (the holiday weekend for the following weekend) so that Father has the weekend before Memorial Day and Memorial Day Weekend (2 weekends in a row) and Mother shall then have the next two (2) weekends following Memorial Day. Thereafter the regular alternating weekend schedule shall be followed. 2.4 No InterruDtion: In the event a Parent is to have custody on two (2) physical custody periods, which immediately precede or follow each other that Parent shall have custody of the Child without interruption between the two (2) physical custody periods. For example, if Father has custody for Thanksgiving (ending on Thursday at 7pm) and also the weekend following Thanksgiving (starting on Friday at 2:45pm) , he would retain custody of the child from the start of the holiday period commencing the evening before Thanksgiving Day at 6 pm straight through the entire weekend ending on Sunday at 7pm. 2.5 Precedence: The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend custodial periods set forth herein. 2.6 Modification: The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, but both Parents must be in complete agreement to any new or modified terms. If such mutually agreed upon modification is in writing (including em ail transmission which evidencing consent), it shall be binding upon the parties to the extent and for the duration mutually agreed upon by the Parents. No Parent shall be deemed to be in contempt of court for abiding by the terms of any such signed written mutual agreement. 2.7 TransDortation: Except as otherwise herein provided, the transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents in accordance with past practice of the Parents meeting and making the exchange at a designated location. During periods of transportation, both Parents shall ensure that seat belts and other proper protection are used when transporting the Child. 2.8 Unavailabilitv: In the event a Parent is unavailable to directly exercise his or her custodial periods for a period in excess of six (6) hours, that Parent shall notify - 5 - .... the other Parent accordingly and the other Parent shall be provided with the opportunity to have custody for the period of una.vC!i!~~Y. / J. Distribution to: Atorney for Plaintiff: Diane M. Oils, Esquire, 1400 North Second Street, First Floor Front, Harrisburg, PA 17102 :Attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trlndle Road, Camp Hill, PA 17011 ~ \P \\) ~~ \) C) r-->,' G:::- C) ',"- , n C"'-, c_ :=! ,.. ~......) -','" ,'~. - - _.," , :") -- '_h' en c.~ - 6 - Plaintiff JUll 8 2DD6( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2524 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY , . ... GEORGE E. THOMAS, v. PAMELA R. 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 Shannon Rae Thomas May 11,1997 Mother 2. Father filed a Complaint for Shared Legal and Partial Physical Custody on or about May 4, 2006. The Custody Conciliation Conference originally scheduled was continued by request of both Counsel. The Custody Conciliation Conference was held on July 7,2006. Present for the conference were: the Father, George E. Thomas, Jr., and his counsel, Diane M. Dils, Esquire; the Mother, Pamela R. Thomas, and her counsel, Diane G. Radcliff, Esquire. 3. In preparation for the Custody Conciliation Conference, Mother's counsel prepared a proposed stipulated custody agreement to be incorporated into an Order of Court. The parties reviewed, discussed and made adjustments to the Order, resulting in an agreement as to the contents of the revision. Counsel . culated the revised document for approval and provided it to the Conciliator for submi on WI this Report. 1 Date :278905 ~~ ~ ~~:J ~ II. C. ; . .; "-..-+. ...." --:; ,-'.;) ;-,-; ;,:-.i .-J ,~)