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KENNETH S. THOMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO. 95-
CIVIL TERM
DONNA M. THOMPSON,
Defendant
IN CUSTODY
1. The Plaintiff is Kenneth S. Thompson, residing at 4341 Carlisle Pike, Apt. B-5, Camp
Hill, Pennsylvania 17011.
2. The Defendant is Donna M. Thompson, residing at 3905 Chestnut Street, Camp Hill,
Pennsylvania 17011.
3. The Plaintiff seeks custody of the following children: Timothy Nicholas Thompson,
born November 29, 1992; and Patricia Anne Thompson, born June 17, 1994.
The children were not born out of wedlock.
The children are piBsently In the custody of Defendant, Donna M. Thompson, who resides
at 3905 Chestnut Street, Camp Hill, Pennsylvania 17011.
During the past five years, the children have resided with the following persons and at the
following addresses:
Name(s)
Address
From/To
Kenneth S. Thompson and
Donna M. Thompson
21 Robin Court
From birth to
May, 1993
From May, 1993
to Feb. 3. 1995
Kenneth S. Thompson and
Donna M. Thompson
4341 Carlisle Pike
Apt 8.5
Camp Hill, PA
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Donna M. Thompson
3905 Chestnut St.
Camp Hili, PA
From Feb. 3,1995
to present.
The mother of the children Is Donna M. Thompson, currently residing at 3905 Chestnut
Street, Camp Hili, Pennsylvania 17011.
She Is married.
The father of the children Is Kenneth S. Thompson, currently residing at 4341 Carlisle Pike,
Apt. B-5, Camp Hill, Pennsylvania 17011.
He Is married.
4. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently
resides with no other person.
5. The relationship of the Defendant to the child Is that of mother.
The Defendant currently resides with the paternal grandmother of the children.
6. Plaintiff has not participated as a party or witness, or In any other capacity In other
litigation concerning the custody of the children in this or another jurisdiction.
7. The Plaintiff has no information of a custody proceeding concerning the children
pending In a court of the Commonwealth.
8. The Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect to the
children.
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9. The best Interest and permanent welfare of the children will be served by granting
the relief requested because: the Plaintiff can best provide for the physical, spiritual and emotional
needs of his children.
10. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children has been named as parties to this action.
WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the
children to the Plaintiff.
Respectfully submitted,
FLOWER, MORGENTHAL FLOWER & LINDSAY
Attorneys for Plaintiff
By:
Carol . Undsay, Esquire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
-
Date: -0 kJ. }, 1t11'D"
,
3
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I, the undersigned, hereby verify that the statements made herein are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. e.s. f 4904,
relating to unsworn falsification to authorities.
~~~-j;; ...J _ p.,hn-n..~fi-,.,-
Kenneth S. Thompson /'
Date: -s[;lL '? /9 9_5
.
KENNETH S. THOMPSON,
Plaintiff
, IN THE COURT OF COMMON PLEAS OF
,CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. 685 - CIVIL - 1995
:
:
,CIVIL ACTION - CUS7'ODY
v
DONNA M. THOMPSON,
Defendant
COURT ORDER
AND NOW, this ~ day of ....M. Lo LL , 1995, upon consideration
of the attached Custody Conc1liation Report, it is ordered and
directed as follows:
1. The Mother, Donna M. Thompson, and the Father, Kenneth S.
Thompson, shall enjoy shared legal custody of Timothy
Nicholas Thompson, born November 29, 1992 and Patricia
Anne Thompson, born June 17, 1994.
2. Mother shall enjoy primary physical custody of the minor
children.
3. Father shall enjoy temporary physical custody of the minor
children as follows:
A. On three out of four weekends every month. These
weekends shall start Friday evening at 6 P.M.
Timothy shall be returned to the Mother 8 A.M.
Monday morning and Patricia shall be returned
on Sunday evening at 7 P.M.
B. At such other times as agreed upon by the parties.
4. Father shall enjoy reasonable telephone contact with the
children when tho children are in Mother's custody.
5. Mother shall have the option of giving Father two week
notice as to when she desires to exercise her one out of
four weekend period of custody.
6. When either parent has custody of the minor children, that
parent shall not have an overnight guest of the opposite
sex staying at the home.
I14R,
1 1995
J,.-'
HtR 20 '54 rH '95
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KENNETH S. THOMPSON,
Plaintirr
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
.
.
:NO. 685 - CIVIL - 1995
:
DONNA M. THOMPSON,
Defendant
.
.
:CIVIL ACTION - CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent inrormation pertaining to the children who are
the subject or this litigation is as rollows:
Timothy Nicholas Thompson, born November 29, 1992, and
Patricia Anne Thompson, born June 17, 1994.
2. A Conciliation Conference was held on March 10, 1995, with
the following individuals in attendance:
The Father, Kenneth S. Thompson, with his counsel, Roger M.
Morgenthal, Esquire, and the Mother, Donna M. Thompson,
with her counsel, Michael J. Pykosh, Esquire.
3. The parties agreed to the entry or an Order in the rorm as
attached.
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KENNETII S. TIlOMPSON,
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 95-685 CIVIL TERM
IN CUSTODY
vs.
DONNA M. TIlOMPSON,
Defendant
1. The Petition of Kenneth S. Thompson, respectfully represents that on March 17, 1995
an Order of Court was entered for partial custody or visitation, a true: and correct copy of which is
attached.
2. This Order should be modified for the following reasons:
A. Defendant has acted to frustrate reasonable telephone contact by Plaintiff
with the children through the use of a "call blocking feature" on the telephone, or failing
to respond to phone requests left on Defendant's answering machine for the children to
speak with Plaintiff.
B. Defendant has actively frustrated the intent of paragraph 3(a) of the
above-mentioned order by arbitrarily designating the weekend when she wishes to
exercise her one out of four weekend periods of custody under paragraph 5 thereof; and
otherwise interfering with or refusing visitation with Plaintiff on many occasions without
good cause.
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C. Because of the difficulties experienced in the pattern of custody and visitation to
date, it is clear that unless a specific schedule is set by the court, the problems experienced by
Plaintiff will continue.
D. Defendant has continued to foster a hostile environment which prevents
reasonable communication between the parties as to the welfare of the children and the
arranging of visitation.
WHEREFORE, Petitioner requests that the Court modify the existing Order for partial custody
or visitation because it will be in the best interest of the children.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
By: ~ I1A [,fl-n-Jl.--
Roger M. MorgenthaI, Esquire
ID # 17143
11 East High Street
Carlisle, PA 17013
(717) 243-5513
4
,,\wp511Rot1ll~.p(a -
VERIFICATION
I verify that the statements made in this complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
Date:
-;! (J.t-I! CO
/)G ~~
. I.L---~ . ")rl J'
Kenneth S. Thompson
5
I1AR 1 1 1995
Ji.-'
r(7)~~J
. I IN ~HB COUR~ OF CONNON PLEAS OF
ICUMBERLAND COUN~r, PBNNSYLVANIA
I
INO. 685 - CIVIL - 1995
I
I
ICIVIL AC~ION - CUSroDY
corm~ ORDER
A.~ 110~', th,!:I J:J.!!"day or -n~/L.....1104 ' 1995, upon consideration
or the attached Custody Conciliation Report, it is ordered and
directed as rollows:
1CBNNB~H S. ~HOHPSON,
Plaintirr
v
DONNA M. ~HOHPSON,
Derendant
1. ~he Mother, Donna M. ~hompson, and the Father, Kenneth S.
~hompson, shall enjoy shared legal custody or ~imothy
Nicholas ~hompson, born November 29, 1992 and patricia
Anne ~hompson, born June 17, 1994.
2. Mother shall enjoy primary physical custody or the minor
children.
3. Father shall enjoy temporary phyaical custody or the minor
children as rollows:
A. On three out or rour weekends every month. ~hese
weekends shall start Friday evening at 6 P.M.
~imothy shall be returned to the Mother 8 A.M.
Monday morning and Patricia shall be returned
on Sunday evening at 7 P.M.
B. At such other times as agreed upon by the parties.
4. Father shall enjoy reasonable telephone contact with the
children when the children are in Mother's custody.
s. Mother shall have the option or giving Father two week
notice as to when she desires to exercise her one out or
rour weekend period or custody.
6. When either parent has custody or the minor children, that
parent shall not have an overnight guest or the opposite
sex staying at the home.
7. Neither parent shall relocate Lrom Cumberland County with
respect to a removal oL the children Lrom the County unless
that parent petitions the Court to have this Order modiLied.
BY 'l'HB COUR'l',
j I.SI ~. w~~ lc,f.- ~
Roger M. Horgenthal, Esquire
Michael J. Pykosh, Esquire
ee:
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ana :iiO s.;cii .:: s~;.:i ~ou~t ~: Carli5le, Pa.
This H..;).O:?t.-. day oL..7.11.~1!:...., 19..9.:~
................-d;~.:.C~~~h~:~~-
lCBNNBTH S. THOMPSON,
Plainti~~
. I IN 'lHB COURT OF COHHON PLBAS OF
ICUMBERLAND COUNTY, PBNNSYLVANIA
I
INO. 685 - CIVIL - 1995
I
I
ICIVIL ACTION - CUB'l'ODY
v
DONNA H. 'nlOMPSON,
De~endant
CONCILIATION CONF1J:RI:BCI: Br1HofARY REPORT
IN ACCORDANCB fiITH CUMBERLAND COUNTY CIVIL RULB OF PROCBDURB
1915.3-8(b}, the undersigned Custody Conciliator submits the
~ollowing report:
1 . The pertinent in~ormation pertaining to the cbildren wbo are
the subject of this litigation is as follows:
Timothy Nicholas Thompson, born November 29, 1992, and
Patricia Anne Thompson, born June 17, 1994.
2. A Conciliation Conference was held on Harch 10, 1995, with
the following individuals in attendance:
The Father, Kenneth S. Thompson, with his counsel, Roger H.
Horgenthal, Bsquire, and the Mother, Donna H. Thompson,
with her counsel, Hichael J. Pykosh, Bsquire.
3. The parties agreed to the entry of an Order in the form as
attached.
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.
.
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...--,
KENNETH S. THOMPSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUHBERLAND COUNTY, PENNSYLVANIA
:
:NO. 685 - CIVIL - 1995
v
.
.
DONNA M. THOMPSON,
Defendant
.
.
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this t'7f{. day of ~-ke.J , 1995, upon consideration of
the attached CUBtody Conc liat~on Report, it is ordered and
directed as follows:
1. The Mother, Donna M. Thompson, and the Father, Kenneth S.
Thompson, shall enjoy shared legal custody of Timothy
Nicholas Thompson, born November 29, 1992, and Patricia
Anne Thompson, born June 17, 1994.
2. Mother shall enjoy primary physical custody of the minor
children.
3. Father shall enjoy temporary physical custody of the minor
children as follows:
A. On every weekend except for one weekend per month.
Father's time shall be Friday evening at 6 P.M.
with Timothy returned to the Mother at 8 A.M. on
Monday morning and Patricia returned on Sunday
evening at 7 P.M. until she achieves the age of
two years old at which time Father shall keep
Patricia until Monday morning. Mother shall
advise Father immediately upon her receipt of her
work schedule as to which weekend during the
upcoming month she desires to have custody.
B. On the weekdays preceding and following the
weekend that Mother has custody, Father shall
have temporary custody on every Tuesday and
Thursday from 6 to 8 P.M.
C. At such other times as agreed upon by the parties.
4. Father shall have custody of both children on Father's Day
and on his birthday, and Mother shall have custody of both
children on Mother's Day and on her birthday.
5. On the children's birthday, the parties shall arrange such
that custody is shared on the day of their birthday or,
where that is not practical, arrange a schedule whereby
the Father has an opportunity either the day before or
the day after the birthday to celebrate the children's
birthday with the parties alternating that schedule the
following year.
6. For holidays, the holidays of Christmas, New Years and
Thanksgiving shall be split with two time frames being
the day before the holidays starting at noon until the
holiday date at noon and noon from the day of the holiday
until the following day at noon. The parties shall
alternate this schedule on an annual basis.
7. For Labor Day, President's Day, Memorial Day and July 4th,
the parties shall also alternate custody of the minor
children on those days. Father shall enjoy custody on
Labor Day of 1995, with the parties alternating thereafter.
8. Where the Mother's extended weekend vacation or other
scheduling problems interfere with scheduled times that
the Father was to have custody, Mother shall notify
Father at least two weeks in advance of any scheduling
problems and Father shall also be entitled to replacement
days for any time lost with the children.
9. When Mother is working and Father is available to provide
babysitting for the children, Father shall be afforded the
opportunity of caring for the children with the Father
returnir.g the children 15 minutes after Mother is off
work.
10. Father shall handle all transportation for exchange of
custody.
11. Father shall enjoy reasonable telephone contact with the
children, with the Mother to initiate at least one telephone
call to the Father on a weekly basis. Absent an agreement
otherwise between the parties, the call shall take place on
Wednesday evening at 7 P.M.
12. When either parent has custody of the minor children, that
parent shall not have an overnight guest of the opposite
sex staying at the home.
.--
*
\~Il"i'h S. Tk-rl'SIrlaintift'
: IN 'rHB COUR'r OF COMMON PLEAS OF
:CUMBERLAND COUN'rY, PENNSYLVANIA
V
.
.
:CIVIL AC'rION - LAW
;NO. ~grS. CIVIL
:CUS'rODY /VISI'rA'rION
19
*
00(11\'1. M .Jhc1mfS." Defendant
ORDER OF COURT
. O(d~.\1.1q'tf 'd' f th
AND NOW, th~s ( ate) , upon cons~ erat~on 0 e
attached complaint, it is hereby directed hat the parities ~nd
their respective counsel appear before .... rt . I (0 t;;
the conciliator, at 00 . ",.rt~5 (-
on the '7tJ.. day of p,.rP""hr-r , 19 , at : ~"
M., for a prehearing 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. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
,
FOR 'rHE COUR'r:
By:
.~
YOU SHOULD 'rAKE THIS PAPER 'l'O YOUR LAWYER A'r ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNO'r AFFORD ONE, GO 'rO OR 'rELEPHONE 'rHE OFFICE
SE'r FOR'rH BELOW TO FIND OU'r WHERE YOU CAN GE'r LEGAL HELP.
OFFICE OF 'rHE COUR'r ADMINIS'rRA'rOR
COUR'rHOUSE, FOUR'rH FLOOR
CARLISLE PA 17013
(717)240-6200
.
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KENNETH S. THOMPSON,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 685 CIVIL TERM 1995
IN CUSTODY
Plaintiff
vs.
DONNA M. THOMPSON,
Defendant
JUDGE J. WESIEY OIER, JR.
PETITION FOR MODIFICATION
.oF A CusmDYIVISITATION ORDER
The Petition of Kenneth S. Thompson respectfully represents that on September 7, 1995, an
order of court was entered by which he has shared legal custody of the children, a true and correct
copy of said Order being attached hereto.
Petitioner requests that the restriction in the order prohibiting either party from having
overnight guests in their residence while the children are present should be deleted from said Order
for the following reasons:
a. The parties have been separated for a substantial amount of time, and it
appears unlikely that a reconciliation will occur.
b. Each of the parties has a separate and adequate residence so that
overnight guests may be accommodated.
c. Since the parties separated, petitioner has established a stable, long-term
relationship with a third party whom he desires to have share his household.
d. The presence of said third party will not he adverse to the health or
welfare of the children who are the subjects of this order.
EXHIBIT "A"
. cr.\? \) \) \9~ fA-
"'-
KBNNB'.tH S. '.tHOMPSON,
Plaintiff
: IN '.tHB COUR'.t OF CONNON PLEAS OF
:CUMBBRLAND COUNTY, PBNNSYLVANIA
:
:NO. 685 - CIVIL - 1995
:
:
:CIVIL ACTION - CUS'l'ODY
v
DONNA M. THOMPSON,
Defendant
corm'.t ORDER
AND NOW, this 1t*day of~~.l.A-" 1995, upon consideration ot
the attached Custody Co~ Report, it is ordered and
directed as follows: .
1. '.the Mother, Donna M. Thompson, and the Father, Kenneth S.
Thompson, shall enjoy shared legal custody of Timothy
Nicholas Thompson, born November 29, 1992, and Patricia
Anne Thompson, born June 17, 1994.
2. Mother shall enjoy primary physical custody of the minor
children.
3. Father shall enjoy temporary physical custody of the minor
children as follows:
A. On every weekend except for one weekend per month.
Father's time shall be Friday evening at 6 P.M.
with Timothy returned to the Mother at 8 A.M. on
Monday morning and patricia returned on Sunday
evening at 7 P.M. until she achieves the age of
two years old at which time Father shall keep
Patricia until Monday morning. Mother shall
advise Father immediately upon her receipt of her
work schedule as to which weekend during the
upcoming month she desires to have custody.
B. On the weekdays preceding and following the
weekend that Mother has custody, Father shall
have temporary custody on every Tuesday and
Thursday from 6 to 8 P.M.
C. At such other times as agreed upon by the parties.
4. Father shall have custody of both children on Father's Day
and on his birthday, and Mother shall have custody of both
children on Mother's Day and on her birthday.
.-
5. On the children's birthday, the parties shall arrange such
that oustody is shared on the day or their birthday or,
where that is not practical, arrange a schedule whereby
the Pather has an opportunity either the day berore or
the day arter the birthday to celebrate the children's
birthday with the parties alternating that schedule the
rollowing year.
6. Por holidays, the holidays or Christmas, New Years and
Thanksgiving shall be split with two time rrames being
the day berore the holidays starting at noon until the
holiday date at noon and noon rrom the day or the holiday
until the rollowing day at noon. The parties shall
alternate this schedule on an annual basis.
7. Por Labor Day, President's Day, Memorial Day and July 4th,
the parties shall also alternate custody or the minor
ohildren on those days. Pather shall enjoy custody on
Labor Day or 1995, with the parties alternating therearter.
8. Where the Mother's extended weekend vacation or other
scheduling problems interrere with scheduled times that
the Pather was to have custody, Mother shall notiry
Pather at least two weeks in advance or any scheduling
problems and Pather shall also be entitled to replacement
days ror any time lost with the children.
9. When Mother is working and Father is available to provide
babysitting ror the children, Father shall be arrorded the
opportunity or caring ror the children with the Father
returning the children 15 minutes arter Mother is orr
work.
10. Father shall handle all transportation ror exchange or
custody.
11. Father shall enjoy reasonable telephone contact with the
children, with the Mother to initiate at least one telephone
call to the Father on a weekly basis. Absent an agreement
otherwise between the parties, the call shall take place on
Wednesday evening at 7 P.M.
12. When either parent has custody or the minor Children, that
parent shall not have an overnight guest or the opposite
sex staying at the home.
.-
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KENNETH S. THOMPSON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v
:NO. 685 - CIVIL - 1995
.
.
DONNA M. THOMPSON,
Defendant
.
.
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this _~f(. day of ft'lot-.lal5k-' 1996, upon
the attached Custody Conciliatio Report, it
directed as follows:
consideration of
is ordered and
1. This Court's prior Order of September 7, 1995, is ratified
except for the modifications set forth below.
2. Paragraph 3A of the prior Order is modified such that the
week~nd schedule shall provide for Father having weekend
custody three out of four weekends. The schedule shall
be such that Father shall have three consecutive weekends
and Mother shall have one and the schedule shall continue
similarly thereafter. Mother's first weekend shall be the
weekend of January 26, 1996, and the schedule thereafter to
be as provided above. On the weekend visitation, both
children shall be returned on Monday morning rather than
splitting the children up on return times.
3. Paragraph 12 of the prior Order is deleted.
4. Paragraph 7 of the prior Order is deleted and replaced with
the following:
A. For Labor Day, Easter, Memorial Day and July 4th, the
parties shall alternate custody with the time frame
being from 10 A.M. until 7 P.M. Mother shall enjoy
custody on Easter of 1996. The time frame of 10 A.M.
until 7 P.M. shall also apply for any birthday or
Mother's Day/Father's Day schedules. All holiday/
birthday/Mother's Day/Father's Day schedules shall
supersede any of the alternating weekend schedules
provided for in this Order.
5. Paragraph 11 is modified to provide that the telephone
calls, absent an agreement of another time, shall take
place on Tuesday evening.
PRoor or SERVICE
I hereby certify that I am this day serving the foregoing
petition for leave to withdraw as counsel document upon the persons
and in the manner indicated below which service satisfies the
requirements of Pa. R.C.P. 440:
service via first-class mail:
Roger M. Morgenthal, Esquire
Flower, Morgenthal, Flower & Lindsay
11 East High street
carlisle, PA 17013
Attorney for plaintiff
Donna M. Thompson
4341 Carlisle Pike
Apartment B-5
Camp Hill, PA 17011
Defendant
L~~
Theresa Barrett Male, Esquire
supreme Court # 46439
115 pine street
Harrisburg, Pennsylvania ~7101
(717) 233-3220
petitioner
Date: f/1I /,I?
Theresa Barrett Male
Supreme Court 146439
115 Pine Street
Harrisburg, PA 17101
(717) 233-3220
Petitioner
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH S. THOMPSON,
Plaintiff
.
.
v.
.
.
NO. 95-685 civil Term
.
.
DONNA M. THOMPSON,
Defendant
CIVIL ACTION - CUSTODY
---------------------------------------------------------------
KENNETH S. THOMPSON,
Plaintiff
v.
NO. 95-1709 Civil Term
DONNA M. THOMPSON,
Defendant
CIVIL ACTION - DIVORCE
KOTION TO KAKE RULE ABSOLUTE
Theresa Barrett Male, Esquire ("Movant") respectfully moves
this Court as follows:
1. On or about August 7, 1996, Movant filed a petition for
leave to withdraw as counsel on behalf of defendant in the above-
captioned matters.
2. On August 8, 1996, this Court, by the Honorable J. Wesley
Oler, Jr. issued a rule to show cause why the relief requested in
the petition should not be granted. The rule was returnable twenty
(20) days from the date of service.
3. Under cover of letters dated August 6, 1996, Movant
served a copy of the petition upon plaintiff's counsel and upon
defendant, respectively.
4. By letter dated August 8, 1996, plaintiff's counsel
advised movant that he did not object to her withdrawing as counsel
in these proceedings. A true and correct copy of the letter is
attached as Exhibit "1".
5. Under cover of letters dated August 12, 1996, Movant
served a copy of the rule upon Plaintiff's counsel and upon
defendant.
6. The rule returnable date has passed, and defendant has
filed an answer.
WHEREFORE, Movant requests this Court to make its rule
absolute by entering an order granting the petition for leave to
withdraw as counsel.
Respectfully submitted,
f2~~~
Theresa Barrett Male,
Supreme Court # 46439
115 pine Street
Harrisburg, Pennsylvania 17101
(717) 233-3220
Movant
Date: 9/6/96
(
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LAW OFFICES
FLOWER. MORGENTHAL, FLOWER & LINDSAY!:: AUG 0 9 1996
^ l'IUII'I~""'llIN^I. 11INI'lItATlI)N
I.
I
I..
,-
,.!'
II EAST HIGH STREET
CARLISLE. PENNSYLVANIA 17013-3016
JAMP's D. l'I.oweR
RooeR M. MOROIlN'n!AL
JAMIJS D. FLOWIJR, JR.
CAllOI.J. L1NDM V
(717) 24:1-5513
FAX: (717) 243.MIO
IIl1rJ'SCII '" MOROI!N'n!A1.
(1975-I'IIlS)
('LOWeR, KRAMIlR,
MUllCmN'n!AL '" I'LOWI!ll
(I'IIlS-IW2)
August 8, 1996
Theresa Barrett Male, Esquire
10 South Market Square
Harrisburg, PA 17101
RE: THOMPSON v. THOMPSON INo. 95-685 Civil Term)
THOMPSON v. THOMPSON (No. 95-1709 Civil Terml
THOMPSON v. THOMPSON (No. 149 SUDDOrt 1995)
OUR FILE NO: 4597-95-01
Dear Theresa:
In the event that the court requires some response from me in regard to your
petitions for leave to withdraw as counsel for Mrs. Thompson, you may indicate that
I do not oppose them.
I am sorry that you will not be representing her, because I felt that we would
have the opportunity to get this case, which should be relatively simple to resolve,
concluded once and for all. However, there are times when withdrawing from the case
is the only reasonable step.
Very truly yours,
flOWER, MORGENTHAL, FLOWER & LINDSAY, P.C.
~
Roger M. Morgenthal
RMMIsmr
EXHIBIT
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KENNETH S, THOMPSON,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 685 CIVIL TERM
CIVIL ACTION - LAW
vs.
DONNA M. THOMPSON,
Defendant/Respondent
IN CUSTODY
AND now, this \ c-,",I-\ day of A9ri \ ,1997, upon consideration of the
attached Motion, it is hereby directed that the parties and their respective counsel appear before
\-\. l\;.~ r\- 'i.. C'"'Ii1c-o-.', F,C\\ .In::.. ,the conciliator, at Y\"R.(cr.Ir-lrN<~PrY"\'j(t~hPrb'd
CD '=!..1 t~,6b.~t" , on the rl~ '" "- day of H(,(~,J , 1997,
at ~. ~() o'clock.J;;L. m. for a pre-hearing custody conference. At such t!onference, 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. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order.
For the Court,
By:.3{uOWl\."i ,,-, J2:W?11~1~
Custodv Concilisto (1):>.)
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Office of the Court Administrator
Courthouse, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply
with the Americans with Disabilities 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.
By the Court,
Date:_
J.
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KENNETH S. THOMPSON,
PlaIntIff/PetItioner
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 685 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
DONNA M. THOMPSON,
Defendant/Respondent
Now comes KENNETH S. THOMPSON, by and through his counsel, FLOWER,
MORGENTHAL, FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows:
1. The parties hereto are parents of two children: Timothy Nicholas Thompson, born
November 29,1992; and Patricia Anne Thompson, born June 17, 1994.
2. On September 7, 1995, after conciliation, this Court entered an Order of Custody
providing shared legal custody and primary physical custody of the children to Respondent and
partial custody to Petitioner.
3. The Court's Order of September 7, 1995 was modified by the Court's Order of
February 8, 1996. A copy of both Court Orders are attached hereto as Exhibit "A".
4. According to the custodial scheme, Petitioner has enjoyed physical custody of the
children on alternating weekends from Friday through Monday, and on two evenings per week.
5. The Custody Order should be modified commencing September, 1997 for the
following reasons:
A. The parties' older child will be entering school, and his best interest will be
served by commencing his education In the primary physical custody of
Petitioner.
c:\wpSl\'hom(1lOn\modifico'ion.p<' me 145'/7-95"11 Aprilll.I'l'J7
B. Petitioner can best provide for the emotional, physical, and Intellectual
development of the children.
6. Petitioner Is the father of an infant daughter with whom his children have formed a
close sibling relationship.
WHEREFORE, Petitioner prays this Honorable Court to modify Its prior Orders to provide
shared legal custody, but primary physical custody of the children to Petitioner.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for Plalntiff\Petitloner
By:
aral J. Un ay, Esquire
10 # 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
Date: 'i /,/'17
2
EXHIBIT "A"
t*
KENNETH S. THOMPSON,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
.
.
:NO. 685 - CIVIL - 1995
.
.
DONNA M. THOMPSON,
Defendant
.
.
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this 2-daj' of _::F.....l!"'-,...'w , 1996, upon consideration of
the attached Custody Conciliatioli' Report, it is ordered and
directed as follows:
I. This Court's prior Order of September 7, 1995, is ratified
except for the modifications set forth below.
2. Paragraph 3A of the prior Order is modified such that the
weekend schedule shall provide for Father having weekend
custody three out of four weekends. The schedule shall
be such that Father shall have three consecutive weekends
and Mother shall have one and the schedule shall continue
similarly thereafter. Mother's first weekend shall be the
weekend of January 26, 1996, and the schedule thereafter to
be as provided above. On the weekend visitation, both
children shall be returned on Monday morning rather than
splitting the children up on return times.
3. Paragraph 12 of the prior Order is deleted.
4. Paragraph 7 of the prior Order is deleted and replaced with
the following:
A. For Labor Daj', Easter, Memorial Day and July 4th, the
parties shall alternate custody with the time frame
being from 10 A.M. until 7 P.M. Mother shall enjoy
custody on Easter of 1996. The time frame of 10 A.M.
until 7 P.M. shall also apply for any birthday or
Mother's Day/Father's Day schedules. All holiday/
birthday/Mother's Day/Father's Day schedules shall
supersede any of the alternating weekend schedules
provided for in this Order.
5. Paragraph II is modified to provide that the telephone
calls, absent an agreement of another time, shall take
place on Tuesday evening.
6. Paragraph 23 is modified such that each party is required
to only give written notice to the other party of at least
sixty days if that party intends to relocate out of
Cumberland County.
7. The parents and the children shall participate in family
counseling with a counselor as agreed upon by legal counsel
for the parties. The purpose of this counseling is family
counseling in an effort to aide the parents in being able
to communicate with each other and deal with typical family
situations involving the children. Costs of the counseling,
after reimbursement from any insurance of the respective
parties, shall be allocated between the parties in
accordance with the existing support allocation which is
Father paying 75 percent and Mother paying 25 percent.
8. This Order is entered pursuant to an agreement reached by
the parties at a Custody Conciliation Conference. In the
event there is a modification in Mother's work/school
schedule that would merit a change in this Order with
respect to the weekend scheduling, counsel for the parties
may conduct a telephone conference with the Conciliator
in an effort to resolve that issue. That telephone conference
may be initiated with the direct contact to the Custody
Conciliator by either counsel.
BY THE COURT,
I 05/ ~. 1.11 fl, I,~~~ ~ .
Judge J. Wesl Ole1:, Jr.
cc: Roger M. Morgenthal, Esquire
Theresa Barrett Male, Esquire
Tr.I.IE COpy FROM RECORD
In :.>t;,;:'f.' \ li"f.of,1 hera unto set my hand
and Iha ~.al of sa;d Court at Carlisle, Pa.
Th;sHcl.~." day of....,;r...dr......, 19.9.{'.
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:IN THB COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. 685 - CIVIL - 1995
:
:
:CIVIL ACTION - CUS'l'ODY
KENNBTH S. THOMPSON,
Plainti:f:f
DONNA H. THOHPSON,
De:fendant
COURT 0RD1ilR
AND NOW, this '1t:Aday o:f ~'If+~"-" 1995, upon
the attached Custody Conc I at on Report, it
directed .as :follows: .
1. The Mother, Donna M. Thompson, and the Father, Kenneth S.
Thompson, shall enjoy shared legal custody o:f Timothy
Nicholas Thompson, born November 29, 1992, and patricia
Anne Thompson, born June 17, 1994.
consideration o:f
is ordered and
2. Mother shall enjoy prima~ physical custody o:f the minor
children.
3. Father shall enjoy tempora~ physical custody o:f the minor
children as :follows:
A. On every weekend except :for one weekend per month.
Father's time shall be Friday evening at 6 P.H.
with Timothy returned to the Hother at 8 A.H. on
Honday morning and Patricia returned on Sunday
evening at 7 P.H. until she achieves the age oE
two years old at which time Father shall keep
Patricia until Honday morning. Mother shall
advise Father immediately upon her receipt o:f her
work schedule as to which weekend during the
upcoming month she desires to have custody.
B. On the weekdays preceding and :following the
weekend that Mother has custody, Father shall
have tempora~ custody on eve~ Tuesday and
Thursday :from 6 to 8 P.H.
C. At such other times as agreed upon by the parties.
4. Father shall have custody o:f both children on Father's Day
and on his birthday, and Hother shall have custody o:f both
children on Hother's Day and on her birthday.
.-
5. On the children's birthday, the parties 'shall arrange such
that custody is shared on the day of their birthday or,
where that is not practical, arrange a schedule whereby
the Father has an opportunity either the day before or
the day after the birthday to celebrate the children's
birthday with the parties alternating that schedule the
following year.
6. For holidays, the holidays of ChristmiJs, New Years and
Thanksgiving shall be split with two time frames being
the day before the holidays starting at noon until the
holiday date at noon and noon from the day of the holiday
until the following day at noon. The parties shall
alternate this schedule on an annual basis.
7. For Labor Day, President's Day, Memorial Day and July 4th,
the parties shall also alternate custody of the minor
children on those days. Father shall enjoy custody on
Labor Day of 1995, with the parties alternating thereafter.
8. Where the Mother's extended weekend vacation or other
scheduling problems interfere with scheduled times that
the Father was to have custody, Mother shall notify
Father at least two weeks in advance of any scheduling
problems and Father shall also be entitled to replacement
days for any time lost with the children.
9. When Mother is working and Father is available to provide
babysitting for the children, Father shall be afforded the
opportunity of caring for the children with the Father
returning the children IS minutes after Mother is off
work.
10. Father shall handle all transportation for exchange of
custody.
11. Father shall enjoy reasonable telephone contact with the
children, with the Mother to initiate at least one telephone
call to the Father on a weekly basis. Absent an agreement
otherwise between the parties, the call shall take place on
Wednesday evening at 7 P.M.
12. When either parent has custody of the minor children, that
parent shall not have an overnight guest of the opposite
sex staying at the home.
.-
KENNETH S. THOMPSON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 685 - CIVIL - 1995
00. 95 - 1709 CIVIL
CIVIL ACTION - CUSTODY
DONNA M. THOMPSON,
Defandant
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendant, Donna M.
Thompson.
You may direct all further correspondence to the
following address:
Johnna J. Deily, Esquire
SAIDIS, GUIDO, SHUFF & MASLAND
26 W. High Street
Carlisle, PA 17013
Respectfully submitted,
SAIDIS, GUIDO, SHUFF & MASLAND
Dated:
.5 ._/2 -'J-'}.
Joh y,-Esquire
26 W/High treet
Carlisle, PA 17013
(717) 243-6222
Attorney for the Defendant
SAIDIS, GUIDO,
SHUFF & (")
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JUN 05 1997d^-
KENNETH S. THOMPSON,
Plaintiff
: IN THE COURT OF COHHON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
:
:NO: 95-685 CIVIL TERM
: IN CUS'l'ODY
DONNA M. THOMPSON,
Defendant
COURT ORDl!:R
AND NOW, this ~-tl. day of :t'''l)<'' , 1997, upon
consideration of the attached Custody Conciliation Report, it is
ordered and directed as follows:
I. A hearing will be held in the above case on Thursday, August
14, 1997, at 1:30 p.m. and on Monday, August 18, 1997 at 9:00
a.m.
2. The parties shall meet with the Custody Conciliator for
another Custody Conciliation Conferenoe on Thursday, August 7,
1997. At this Conference the Conciliator will review with the
parties the results of the custody evaluation that will be
performed in this oase and attempt to further resolve this
entire case.
3. The parties shall submit themselves and the minor ohildren to
a custody evaluation to be performed by Dr. Arnold '1'.
Shienvold. Dr. Shienvold shall be an independent evaluator
and shall share the results of the evaluation with oounsel for
both parties. Cost of the evaluation shall be paid for by the
Father. It is anticipated this evaluation will be oompleted
prior to the Custody Conciliation Conferenoe set forth above.
4. Pending further order of this Court, this Court's Order of
September 7, 1995 as modified by Order of February 8, 1996
shall remain in effect.
J
co: Carol J. Lindsay, Esquire
Johnna J. Deily, Esquire -
~ {M.~<( f4!9/97.
..&."P-
J.
. ,
KENNETH S. THOMPSON,
Plaintiff
V
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:CIVIL ACTION - LAW
DONNA M. THOMPSON,
Defendant
.
.
:NO: 95-685 CIVIL TERM
: IN CUS'l'ODY
Prior Judge: J. Wesley Oler, Jr.
CONCILIATION CONFERENCE stlMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
19l5.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information pertaining to the children who are
the subject of this litigation is as follows:
Timothy Nicholas Thompson, born November 29, 1991; and
Patrician Anne Thompson, born June 17, 1994.
2. A Conciliation Conference was held on May 22, 1997, with the
following individuals in attendance:
The Father, Kenneth S. Thompson, with his counsel, Carol J.
Lindsay, Esquire; and the Mother, Donna M. Thompson, with her
counsel, Johnna J. Deily, Esquire.
3. The parties agreed to the entry of any order in the form as
attached.
~,v/ Cf 7
DA'l'
Hubert X. Gilro , Esquire
Custody Concil 'ator
":\W[1.~I\tho"'a*IR\~'tlunw:I..lll flit' ,":W1.IJ.~"J1 i\U~UIII U.IIN7
KENNETH S. THOMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 685 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
va.
DONNA M. THOMPSON,
Defendant
The parties hereto, through their counsel, agree as follows:
1. The parties hereto are parents of two children: Timothy Nicholas Thompson. born
November 29, 1992; and Patricia Anne Thompson, born June 17. 1994.
2. Plaintiff, hereinafter Father, has filed a Complaint for Custody. At issue is primary
physical custody of the parties' two children.
3. This matter is set for a hearing before the Court of Common Pleas of Cumberland
County on August 14, 1997 at 1:30 p.m.. and on August 18,1997 at 9:00 a.m.
4. Prior to the p.::;:" ing, the parties have submitted themselves to a custody evaluation
by Dr. Arnold Shienvold. Dr. Shienvold has begun the evaluation, but cannot complete it until after
the latter of the two days set for hearing.
5. The parties request a continuance to provide Dr. Shienvold the opportunity to
complete his evaluation.
6. Custody in this case is governed by two Court Orders; that of September 7, 1995,
modified by that of February 8, 1996. Those Court Orders shall remain in full force and effect with
this exception: The minor child, Timothy Nicholas Thompson, shall attend kindergarten in the
elementary school at the elementary school in the school district in which Father resides. Father
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KENNETH S. THOMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
NO. 95- 685 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
VS.
DONNA M. THOMPSON,
Defendant
ORDEBJlf COURI
AND now this
2.. ,.;"" <<,
't~LJ~u~t
, 1997, upon
day of
consideration of the within Stipulation of Counsel, the terms of said Stipulation are hereby made
an Order of Court.
By the Court,
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KENNETH S. THOMPSON,
Plaintiff
.
.
IN THE COURT OF CO~U10N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
I
v.
DONNA M. THOMPSON,
Defendant
.
.
NO. 95-0685 CIVIL TERM
AND NOW,
ORDER OF COURT
1~
this r I day of September,
1997, due to a conflict
in the Court's schedule, the custody hearing previously scheduled
for January 12, 1998, is RESCHEDULED to Monday, January 26, 1998,
at 9:00 a.m., in Courtroom No.5, Cumberland County Courthouse,
Carlisle, Pennsylvania.
BY THE COURT,
Carol J. Lindsay, Esq.
11 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
Johnna Deily, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Defendant
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KENNETH S. THOMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-0685 CIVIL TERM
v.
DONNA M. THOMPSON,
Defendant
IN CUSTODY
ORDER OF COUR'r
AND NOW, this 26th day of January, 1998, upon
consideration of a Petition to Modify Custody Order filed by
Plaintiff, and pursuant to an agreement reached in open court
between the parties and counsel with respect to the parties'
children, Timothy Nichola~ Thompson (born November 29, 1992) and
Patricia Anne Thompson (born June 17, 1994), it is ordered and
directed as follows:
1. The parties shall share physical and legal
custody of their children.
2. Mother shall have primary physical custody of
the children on alternating weekends from Saturday at 4:00 p.m.
until Tuesday morning, when she shall deliver Timothy to school.
Mocher shall have primary physical custody of the children on
every Monday from 8:00 a.m. until Tuesday, when she shall
deliver both children to their preschool and school programs,
and on every Wednesday until Thursday morning, when she shall do
.
the same. With the exception of holidays set out and the
vacation periods set out in the balance of this Order, the
balance of the time the children will be in the physical custody
of their father. For the holidays of Christmas, New Years and
Thanksgiving, custody of the children shall be split with two
time frames, being the day before the holiday beginning at noon
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until the holiday date at noon, and the second time period being
from noon the day of the holiday until the following day at
noon. The parties shall alternate this schedule on an annual
basis.
3. For Labor Day, Easter, Memorial Day and July the
4th, the parties shall alternate custody, with the time frame
being from 10:00 a.m. until 7:00 p.m. The time frame of 10:00
a.m. until 7:00 p.m. shall also apply for any birthday or
Mother's Day and Father's Day schedules. The parties will
have custody of their children on each party's birthday. The
children will have time with both parents on the child's
birthday. All holiday, birthday, Mother's Day and Father's Day
schedules shall supersede any of the alternating weekend
schedules provided for in this Order of Court.
4. Each party shall enjoy three uninterrupted
weeks of custody of the parties' children during each party's
vacation from work during the year. The parties will provide to
each other thirty days written notice of the intention to
exercise vacation times.
5. The parties will afford the children free and
unencumbered access with the out-of-custody parent via the
telephone.
6. Unless otherwise agreed to by the parties, the
parent receiving custody shall provide transportation.
7. In the event that one party is required to
work during his or her period of custody, he or she will provide
to the other the right to provide care for the children during
that period.
8. Neither party shall do anything which shall
tend to disparage the other parent or harm the child's love and
devotion for the other party.
9. The parties will cooperate to provide to
Timothy whatever psychological treatment is recommended for him
by his physician and will involve themselves in whatever family
therapy Timothy's therapist should deem appropriate.
10. Both parties will see to it that the children
are delivered to their schools or preschools on time, fed,
appropriately clothed and with their teeth brushed, and each
parent will see to it that the children are taken to any
activities they may have on time.
11. Neither parent will relocate from Cumberland
County without providing to the other sixty days notice.
12. The children will attend school in the school
district in which their father resides.
13. The parties have agreed that as of today's
date, January 26, 1998, Father will be responsible for the
payment of after-school care and day care and preschool care for
Timothy and Patty Anne. In addition, Father will pay $75.00 per
month to Mother to help defray the costs to her of the children
residing with her. These payments may be made without entry of
an Order to the Office of Domestic Relations, and the present
Order entered in the Office of Domestic Relations shall
terminate. Similarly, Mother has agreed that Father may pay
directly to her the amounts of alimony ordered by this Court