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HomeMy WebLinkAbout07-0098NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF THOMAS D. DORSEY, JR., Plaintiff v. HEATHER L. TREHARNE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07- CIVIL : IN CUSTODY COMPLAINT FOR CUSTODY NOW COMES the plaintiff, Thomas D. Dorsey, Jr., by his attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Thomas D. Dorsey, Jr., the natural father of the child who is the subject of this action (hereinafter referred to as "Father"), an adult individual residing at 8 East Locust Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The defendant is Heather L. Treharne, the natural mother of the child who is the subject of this action (hereinafter referred to as "Mother"), an adult individual residing at 11 Mountain Street, Mt, Holly Springs, Cumberland County, Pennsylvania 17065. 3. Plaintiff Father seeks shared physical and legal custody of the following child: Present Residence Qg? Bnanna Treharne 11 Mountain Street 5 months (DOB 5/26/2006) Mt. Holly Springs, PA 17065 4. Father and Mother are the natural parents of the child. 5. The child was born out of wedlock. 6. The child is presently in the custody of Mother, but has resided with the following parties for the following specified periods: a. With Mother and Father from birth until early October, 2006. b. With Mother in Mt. Holly Springs, Cumberland County, Pennsylvania, from October, 2006, to the present. 7. The parties were never married. 8. Mother and Father both had contact with the child prior to the parties' separation. 9. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 10. Father has no reliable information of any other custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 11. Father 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 interests and permanent welfare of the child will be served by granting the relief requested herein because Father has had an equal role as one of the sole and primary caregivers for the child for the vast majority of the child's life and he is gainfully employed. 13. Since the parties separation Father resides with the child's paternal grandparents and is part of a stable home environment within which to raise the child. 14. Since the parties' separation, while Mother has allowed Father to see the child on occasion, she has also made threats to keep the child from him completely and to relocate without Father to frustrate Father's ability to have contact with the child. 15. Father believes and therefore avers that it is in the child's best interests for him to be shared physical and legal custody of the child and requests that such be incorporated into an Order to be issued by this Honorable Court. 16. Father believes that the best interests of the child would be best served by an award of joint physical and legal custody to him. Plaintiff also believes that the child must continue to have a relationship with Mother, which he will encourage and facilitate with all reasonable efforts, and agrees that Mother should be permitted equal right to legal and physical custody of the child. WHEREFORE, Plaintiff Thomas D. Dorsey, Jr., respectfully requests that this Honorable Court enter an order granting shared physical and joint legal custody of the child to the parties along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF Dated: January `S, 2007 10 W Supreme 6etfrt I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that the facts set forth in this complaint for 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 unworn falsification to authorities. 2007 Thomas D. Dorsey, Jr. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF THOMAS D. DORSEY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 2007 - CIVIL HEATHER L. TREHARNE, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of Complaint for Custody upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Heather L. Treharne 11 Mountain Street Mt. Holly Springs, PA 17065 WOLF & January 5 , 2007 NAT OLF, ESQUIRE reet 10 W rPA170113 Ca Pe, Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff 70 r1b_ a Q oU W coq n c a Pt 73 r c_ 7"f`iTt'; 3:° film S " c-n yyty rv 0 THOMAS D. DORSEY, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-98 CIVIL ACTION LAW HEATHER L. TREHARNE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 11, 2007 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 08, 2007 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: /s/ _ Hubert X. Gilroy, Eso. 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 k(Y7 31 FEB 13 2007a/ THOMAS D. DORSEY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 2007-0098 CIVIL HEATHER L. TREHARNE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of?, 200 7 upon presentation and consideration of the report of the conference officer, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have shared legal custody of the parties' minor child, Brianna A. Treharne (DOB 5/26/2006) Age 7 months. B. Mother shall have primary physical custody of the child. C. Father shall have partial physical custody of the child as follows: 1. Every week on Tuesdays and Thursdays from 6:00 p.m. until 10:00 p.m. 2. On the alternating weekends, Father shall have the child from Friday after work until Sunday at 6:00 p.m. D. The parties shall share holidays by mutual agreement, excepting that Father shall always have the child on Father's Day and Mother shall always have the child on Mother's Day, from 9:00 a.m. until 6:00 p.m. and the parties shall share custody of the child on the child's birthday. E. Transportation of the child shall be shared by the parties by agreement. V i Mf11i S' N 1.ac ?f,' `C Wd OZ 83d l0DZ t n? trr. HI JO ! . F. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. G. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. R The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, Distribution: Nathan C. Wolf, Esquire For Plaintiff Michael O. Palermo, Esquire For Defendant l? -? wau ec oC - ,Z (- o -7 I X . THOMAS D. DORSEY, JR., Plaintiff v HEATHER L. TREHARNE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-0098 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Brianna Treharne, born May 26, 2006. 2. A Conciliation Conference was held on February 8, 2007, with the following individuals in attendance: The father, Thomas D. Dorsey, with his counsel, Nathan C. Wolf, Esquire, and the mother, Haether L. Treharne, with her counsel, Leslie Tomeo, Esquire. 3. The parties agree to the entry of an Order in the form as attached. DATE: ,;? l (,2 ( 67 X??/J \/Z Hubert X. Gil y, Esquire Custody Co ciliator F:\FILES\DATAFILDGenerahCu nt\12321\Dorxy v Treharne Conciliation Report THOMAS D. DORSEY, JR., Plaintiff/Respondent V. HEATHER L. TREHARNE, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-0098 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, Heather L. Treharne, by and through her attorney, Michael O. Palermo, Jr., Esquire, and avers the following in support of this Petition for Emergency Relief 1. The Petitioner, Heather L. Treharne, is an adult individual who currently resides 11 Mountain Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Respondent, Thomas D. Dorsey, Jr., is an adult individual who currently resides at 8 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner is the natural mother Brianna A. Treharne born May 26, 2006. 4. Pursuant to Cumberland County Local Rule 208.3(a)(2), an Order was signed on February 19, 2007, by the Honorable J. Wesley Oler, Jr.,. (Attached as Exhibit "A"). 5. Mother's usual practice is to drop the child in question off at Respondent's mother's house every other weekend. 6. Petitioner avers that the Respondent has an alcohol and narcotics problem that may include the use of oxycontin. 7. Respondent's father also exhibits alcoholic tendencies and on or about Friday June 1, 2007, Mother in an attempt to contact the biological father reached the child's paternal grandfather who stated that "he was in the woods and about to kill himself'. 8. Petitioner immediately sent her father over to respondents residence to retrieve the child as Paternal Grandmother recently became employed and will no longer be able to care for the child and thus oversee Respondent's custodial periods. 9. Immediate intervention of the Court is necessary to assure that the best interests of the child are served. 10. Pursuant to Cumberland Local Rule 208.3(a)(9) Attorney of record Nathan Wolf, Esquire was contacted and it is anticipated that he will be unavailable today to express his position on this matter. Due to the emergency nature of this Petition, the same is being filed without knowledge of Attorney Wolfe's position. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order suspending Respondent/Father's periods of temporary physical custody pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted, ROMINGER & ASSOCIATES pv"k- Date: June 6, 2007 Michael O. Palermo, 19,7QBre 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney ID# 93334 Attorney for Petitioner THOMAS D. DORSEY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 2007-0098 CIVIL TERM HEATHER L. TREHARNE, : CIVIL ACTION- LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner, Heather L. Treharne, do hereby certify that I this day served a copy of the Petition for Emergency Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Thomas D. Dorsey, Jr. c/o Nathan Wolf, Esquire 10 West High Street Carlisle, PA 17013 7 1AA Date: Junex2007 r--. Michael O. Palermo, Jr., 're 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney ID# 93334 Attorney for Petitioner 0 fi { THOMAS D. DORSEY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 2007-0098 CIVIL HEATHER L. TREHARNE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ? day of , 200_ upon presentation and consideration of the report of the conference officer, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have shared legal custody of the parties' minor child, Brianna A. Trehame (DOB 5/26/2006) Age 7 months. B. Mother shall have primary physical custody of the child. C. Father shall have partial physical custody of the child as follows: 1. Every week on Tuesdays and Thursdays from 6:00 p.m. until 10:00 p.m. 2. On the alternating weekends, Father shall have the child from Friday after work until Sunday at 6:00 p.m. D. The parties shall share holidays by mutual agreement, excepting that Father shall always have the child on Father's Day and Mother shall always have the child on Mother's Day, from 9:00 a.m. until 6:00 p.m. and the parties shall share custody of the child on the child's birthday. E. Transportation of the child shall be shared by the parties by agreement. t' F. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. G. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. R The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, J. Distribution: Nathan C. Wolf, Esquire For Plaintiff Michael O. Palermo, Esquire For Defendant rl E COPY DRUM H RL) IS whereof, I here unto set any hand In to s l of saki Court at car", PC r' THOMAS D. DORSEY, JR., Plaintiff v HEATHER L. TREHARNE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-0098 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Brianna Treharne, born May 26, 2006. 2. A Conciliation Conference was held on February 8, 2007, with the following individuals in attendance: The father, Thomas D. Dorsey, with his counsel, Nathan C. Wolf, Esquire, and the mother, Haether L. Treharne, with her counsel, Leslie Tomeo, Esquire. 3. The parties agree to the entry of an Order in the form as attached. DATE:,) I D ( 6 '?'7 /?/?J \// Hubert X. Gil y, Esquire Custody Co ciliator F:\FILMDATAFILnGeneral\Current\12321\Dorsey v Treharne Conciliation Report ? C? ° ??_ ?? ....,., y ? ?? F r ? ?,-, : ,-- .._ . -- w ? L .? ? o? ? THOMAS D. DORSEY, JR., Plaintiff V. HEATHER L. TREHARNE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-0098 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of June, 2007, upon consideration of Defendant's Petition for Emergency Relief, a hearing is scheduled for Friday, June 15, 2007, at 9:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Thomas D. Dorsey, Jr. 8 East Louther Street Carlisle, PA 17013 Plaintiff, pro Se Michael O. Palermo, Jr., Esq. 155 South Hanover Street Carlisle, PA 17013 ?-a Attorney for Defendant, , Courtesy Copy: Nathan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 :rc IN, THOMAS D. DORSEY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER L. TREHARNE, Defendant 2007-0098 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of June, 2007, upon consideration of the Defendant's Petition for Emergency Relief and it appearing that the notice for the hearing scheduled for today's date on the petition in court was sent to the Plaintiff at the address provided in the petition, which was incorrect, and that the Plaintiff's correct address is 8 East Locust Street, Mt. Holly Springs, Cumberland County, Pennsylvania. The hearing in court is cancelled and the Defendant's petition is referred to the custody conciliation conference process. The Court administer is requested to facilitate an expedition referral of the petition to the appropriate custody conciliator. By the Court, /homas D. Dorsey, Jr., Defe 8 East Locust Street, Mt. Holly Springs, PA 17065 ichael 0. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 For the Defendant athan C. Wolf, Esquire 1/ 10 West High Street Carlisle, PA 17013 Courtesy copy Court Admin. O? pcb •I !,A 61 t*t?;, t??iZ r THOMAS D. DORSEY, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-0098 CIVIL ACTION LAW HEATHER L. TREHARNE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 20, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on ---Friday, July 13, 2007 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 pennanent 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/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 ? ? °"??v/ ? ' p ,t --'r ,,, ? -? -,,;'t_ '? wft? JUN 1! 2007 THOMAS D. DORSEY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER L. TREHARNE, Defendant 2007-0098 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of June, 2007, upon consideration of the Defendant's Petition for Emergency Relief and it appearing that the notice for the hearing scheduled for today's date on the petition in court was sent to the Plaintiff at the address provided in the petition, which was incorrect, and that the Plaintiff's correct address is 8 East Locust Street, Mt. Holly Springs, Cumberland County, Pennsylvania. The hearing in court is cancelled and the Defendant's petition is referred to the custody conciliation conference process. The Court administer is requested to facilitate an expedition referral of the petition to the appropriate custody conciliator. By the Court, Thomas D. Dorsey, Jr., Defen 8 East Locust Street, Mt. Holly Springs, PA 17065 Michael 0. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 For the Defendant Nathan C. Wolf, Esquire 10 west High Street Carlisle, PA 17013 Courtesy copy Court Admin. Ch pcb JUl_ 9 9 2008 THOMAS D. DORSEY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW HEATHER L. TREHARNE, NO. 2007-0098 Defendant IN CUSTODY ORDER AND NOW, this 00 . day of July, 2008, the above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. Gilroy, Esquire Custody Conciliator c ' r - C- r