HomeMy WebLinkAbout95-06306
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
LESUE A, THOMPSON,
Plaintiff
KEITH W. THOMPSON, JR.,
Defendant
CUSTODY
95-6306 CIVIL TERM
ORDER
AND NOW, this III ~
day of February, 1996, in accordance with the agreement of
the parties as announced in open court and in their presence, it is ordered and directed that the
parties shall share physical and legal custody of the children: Jessica Thompson, born October
12, 1987; Daniel Thompson, born Fcbruary 8, 1989; and Jeremy C. Thompson, born October 27,
1990.
The children will be in the custody of their father from March 1st to August 31st of every
year. On weekdays the father will delivcr the childrcn to the mother at 6:30 a.m. and pick the
children up after work at 4:30 p.m., except on Fridays. On Fridays the children will remain with
the mother until Sunday at 6:00 p.m.
Thc childrcn will bc in the custody of thcir mother from Scptembcr 1st until the last day
of Fcbruary each ycar. Custody of the child Daniel will be in his father every other Monday
when thcre is a Scout mecting. During thc pcriod from September through February, custody
will be in thcir fathcr every wcckend from Friday at 4:30 p.m. until Sunday at 6:00 p.m.
On holidays when thc mother is working, thc mother shall havc custody of the childrcn
beginning at 2:30 p,m. If the mothcr is not working, shc will have custody of the children until
2:00 p.m., aftcr which thcy will be with their fathcr. On July 4th, in thc evening, the children will
be with thc mothcr.
BY THE COURT,
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Frances H. Del Duca, Esquire
For the Plaintiff
Keith W. Thompson, Jr,
53 Mountain View Terrace
Newville, PA 17241
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LISLIB A. THOMPSON,
Plaintiff
IN TBB COUR~ OF COMIION PLBAS OF
CUMBBRLAND COUNTY, PBNNSYLVAN:tA
CIVIL ACTION - LAW
95-6306 CIVIL TERM
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DITH W. THOMPSON, JR.,
IN CUSTODY
IN RB I TRANSCRIPT OP PROCBBDINGS
Proceedings held before the Honorable KBV:tN A.
BRaS, J., cumberland County Courthouse, Carlisle,
Pennsylvania, on Friday, Fabruary 16, 1996, in
Courtroom Number Four.
APPBARANCBS I
PRANCBS H. DBL DUCA, Bsquire
For the Plaintiff
TBI COURT I Mrs. Del Puca.
MRS. DBL DUCAl Your Honor, we are here in
the matter of Leslie A. Thompson versus Keith W. Thompson,
Jr. It is a custody action. Mrs. Thompson is here on my
right. ADd Mr. Thompson is here. ADd he has been
represented by the law offices of Patrick Lauer, more
particularly by Mr. Bshelman and Mr. Puhala. ADd they are
not here today, so he is representing himself.
Also in the courtroom is a teacher, Diana
Seville, from the Capital Area Inte~ediate Unit, who is
presently teaching the youngest child and has taught Daniel
as well.
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Mr. Thompson tells me that he is going to
proceed with representing himself.
TUB COURT I Okay.
MRS. DEL DUCAl ADd the parties have entered
into an agreement. There was an order entered December 14,
1995, based on the custody conciliation report. ADd primary
custody has been in the mother. The parties now tell me
that not only will they have shared legal custody but shared
physical custody.
ADd that the shared physical custody shall be
handled as followsl That on March 1st to August 31st the
children will be with the father. That on the weekdays the
father will deliver the children to the mother at 6130 a.m.
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1 and pick the children up after work at 4130 except on
2 Pridays. On Pridays the children will remain with the
3 mother until Sunday at 6100 p.m.
. As of August 31st the children will be with
5 the mother until the end of Pebruary. Daniel will be with
6 the father every other Monday when there is a scout meeting.
7 And the chilc:lren will be with him then every weekend from
8 Priday at 4130 until Sunday at 6100 p.m.
9 On the holidays, if the mother works, she has
10 the children on the holiday beginning at 2130. If the
11 mother is not working, the father then will pick the
12 chilc:lren up at 2100. On July 4th in the evening the
13 children will be with the mother.
14 The parties are agreeeble to going to
15 counseling provided they can obtain such counseling without
16 a financial expenditure.
17 I have explained to my client that in my
18 experience this is not an order that is conducive to
19 stability and security for the children. However, she and
20 Mr. Thompson have discussed it, and this is what she tells
21 me she wants to do.
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THB COURT 1 It se_s like en early day for
23 the kids. Mrs. Thompson. you have heard what Mrs. Del Duca
24 has said. Is that agre_ent the agre_ent that you have
25 reached with Mr. Thompson?
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1 MRS. THOMPSON I Ye..
2 THB COURTI Anel Mr. Thompllon, r will allk you
3 a .imilar que.tion. III that the agreement that you have
4 reacheel with the mother of the children?
5 MR. THOMPSON I Yes.
6 THB COURTI All right. Well, we will have it
7 transcribeel, and I will jUllt enter an order in accorelance
8 with what you have stateel for the recorel, Mrs. Del Duca.
9 MRS. DEL DUCAl Anel I must state, Your Honor,
10 I elo have concerns that Mr. Thompson will adhere to the
11 oreler, because the order entereel on December 14th he diel not
12 abide by it. In that order the mother was to have the
13 chilelren on the weekends when she was not working, more
14 particularly over Saturelay night, and the father diel not
15 eleliver the chilelren to the mother for that period of time.
16 THB COURTI Well, Mr. Thompson, you
17 unelerstanel that this will become an order of court. There
18 is nothing terribly complicated about enforcing it. If
19 parties fail to abide by court orders, they can be helel in
20 contempt of court, you understand that?
21 MR. THOMPSON I Yes, sir.
22 THB COURTI And in a custoely case it is a
23 very simple solution. I simply direct custody of the
24 chilelren in the mother until there is compliance. So just
25 as long as you unelerstanel the ramifications.
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CBRTIPICATION
6 I hereby certify that the proceedings are
7 contained fully and accurately in the notes taken by me on
8 the above cause and that this is a correct transcript of
9 same.
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Barbara B. Graham
Official Stenographer
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15 The foregoing record of the proceedings on the
16 hearing of the within matter is hereby approved and directed
17 to be filed.
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Xev A. Hess, J.
th Judicial District
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LESLIE A. THOMPSON,
Plaintirr
:IN THE COURT OF CONNON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
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:NO. 6306 - CIVIL - 1995
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:CIVIL ACTION - CUS'l'ODY
v
KEITH W. THOMPSON, JR.,
Derendant
COURT ORDER
AND NOW, this /I{~ day of D.!&lY1 ~,,~ 1995, upon consideration of
the attached Custody Condliat~on Report, it is ordered and
directed as rollows:
1. A Maring is scheduled in the above case on the /6 ~ day of
[T'.l6.u(~ , 1996, at 9:30 It.M., in CourtroOiiiNo. - L/ ,
at which eime testimony will be taken in this case. ~e
Mother, Leslie A. Thompson, shall be the moving party and
shall proceed initially with testimony. Counsel for the
parties shall file with the Court and opposing counsel a
Memorandum setting forth the history of the custody in this
case, a list of witnesses that each party will call, a summary
of anticipated testimony of each witness and each rlfspective
party's position on the custody issues. This Memorandum shall
be riled at least ten days prior to the Hearing date.
2. Pending rurther Order of this Court, the Mother, Leslie A.
Thompson, and the Father, Keith W. Thompson, Jr., shall enjoy
shared legal custody of Jessica Thompson, born October 12,
1987, Daniel Thompson, born February 8, 1989, and Jeremy C.
Thompson, born October 27, 1990.
3. Physical custody of the minor children shall be handled as
follows:
A. On the weekends that the Mother is working which is
at least two weeks per month, Father shall enjoy
custody from 4:30 P.M. on Friday evening until
7:30 P.M. on Sunday evening. On the other weekends
where Mother is not working, Father shall have physical
custody of the minor children from Friday evening at
4:30 P.M. until Saturday evening at 7 P.M. Father
shall also enjoy custody on one weekday evening per
week, the specific day to be selected by Father on
Sunday of each week with a time frame being from
4:30 P.M. until 7:30 P.M. Absent an agreement by the
parties, the weekday custody for the Father shall be
every Wednesday.
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B. Except for Father's periods of physioal c::ustody as
outlined above, Mother shall have physic::al oustody of
the minor ohildren.
C. Mother shall advise Father at the beginning of eaoh
month as to what weekends she is working, and she
shall endeavor to advise Father immediately upon reoeipt
of her work sc::hedule so the Father oan make plans as to
whic::h weekends he will have the c::hildren for the entire
weekend.
D. The upooming Christmas holiday shall not be c::onsidered
as part of the normal weekend sc::hedule for oustody.
The Father shall have a period of time on Christmas Eve
with the c::hildren as agreed upon by the parties and the
parties shall split Christmas Day as agreed upon by the
parties depending upon Mother's work sc::hedule.
E. The parties shall similarly split c::ustody on New Year's
Eve and New Year's Day, as agreed upon by the parties and
c::onsistent with Mother's work sc::hedule.
F. The parties may alter this sc::hedule as they might agree.
4. The above sohedule for physic::al c::ustody shall not prejudioe
either party from advancing a contrary position at the Hearing
whic::h will be sc::heduled in this c::ase. This is an interim
Temporary Order on physical c::ustody.
5. The parties agree that neither party shall have any
disc::ussions with the minor c::hildren with respect to the
c::hildren's desires on c::ustody or with respect to trying to
influenc::e the c::hildren one way or another.
BY THE COURT,
co:
Franc::es H. DelDuc::a,
Matthew Eieshelman,
7;Qd.-
Esquire
Esquire
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LBSLIB A. THOMPSON,
plaintiff
IIN THB COURT OF COMMON PLEAS OF
:CUMBBRLAND COUNTY, PBNNSYLVANIA
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:NO. 6306 - CIVIL - 1995
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:CIVIL ACTION - CUSTODY
v
KEITH W. THOMPSON, JR.,
Defendant
CONCILIATION CONFI!R11:NClC SUMMARy REPORT
IN ACCORDANCB WITH CUMBBRLAND COUNTY CIVIL RULB OF PROCBDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The information pertaining to the children who are the
subject of this litigation is as follows:
Jessica Thompson, born October 12, 1987, Daniel Thompson,
born February 8, 1989, and Jeremy C. Thompson, born
October 27, 1990.
2. A Conciliation Conference was held on November 30, 1995,
with the following individuals in attendance:
The Mother, Leslie A. Thompson, with her counsel, Frances H.
DelDuca, Bsquire, and the Father, Keith W. Thompson, Jr., with
his counsel, Brian J. Puhala, Sr., Bsquire.
3. The parties separated in December of 1993, at which time the
Father left the marital home. The children remained with the
Mother at that time and the Father exercised temporary
custody as agreed upon by the parties. In March of 1995, the
parties entered into a custody agreement that essentially
confirmed the situation of Mother having primary physical
custody and Father having temporary periods of physical
custody. This agreement was not incorporated as a Court
Order. In approximately October of this year, the three
minor children went to live with the Father. There is a
dispute concerning the circumstances as to the change of
custody. Mother suggests that the Father unilaterally took
the children from the home. Father suggests that the change
in custody was with the consent of the Mother.
4. Mother now seeks primary physical custody. Father is of a
contrary mind and seeks primary physical custody himself.
The parties are unable to reach an agreement on a permanent
Order and a Hearing is necessary.
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5. ~he status quo in this case is such that the Nother has been
the primary custodial of the child for approximately 21 of the
past 24 months. Based upon that fact, the Conoiliator
recommends that the children be returned to the primary
oustody of the Nother subject to the Father having liberal
periods of temporary physical custody.
6. ~he Conciliator recommends an Order in the for.m as attached.
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DATE
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LESLIE A. THOMPSON
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6306 CIVIL 1986
v.
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KEITH W. THOMPSON, JR.
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IN CUSTODY
AFFIDAVIT OF SERVICE
STATE OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
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FRANCES H. DEL DUCA, attorney for plaintiff, being duly
sworn according to law, deposes and says that she is an
attorney having her office at Ten West High Street,
Carlisle, Pennsylvania, and that she is admitted to practice
in the courts of Cumberland County; that she served copy of
Complaint for Custody and Order of Court by mailing same
Certified Mail on November 16, 1995 and that said documents
were received by defendant on November 17, 1995, as
evidenced by return receipt card No. P282349404 attached
hereto.
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SUBSCRIBED and sworn to before
me this 20th day of November, 1995.
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N tary Pub c
NOTARIAL SEAl.
SHIRLEY p, ClEVEtIOEn, NOTARY PUBUC
CARLISLE oono, CU~8ERV.11O COUNlY
MY COM~lIS~ION Cll'1Rf5 MARCil 5, 11l9fi
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H, DEL DUCA
,:ATTORNEY AT LAW
." TIN WUT HIOH STRIET
CARLISLE., "ENNSYLVANIA
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LESLIE A. THOMPSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- ~ 10 ~ CIVIL TERM
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KEITH W. THOMPSON, JR.
IN CUSTODY
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ORDER 01' COURT
AND NOW, this 11.\'I-.day of f\loJtwfdi995, upon
consideration of the attached complaint, it is hereby
directed that the parties and t~eir respective counsel
appear before \tj:,\,(> r\- '1-. frM"'1 tfot.. the conciliator, at LI'f I, f 10lW f-~k~:...
on the ~~ day of N,,"HY)bNl995, at '3 f' .m., 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 aqe five or older may also be present
at the conference. Failure to appear at the conference may
provide qrounds for entry of a temporary or permanent order.
FOR THE COURT,
By -7!Lt"g.,;( ~ .J2,~-t~-&y.
custody ConcH ator I~V
The Court of Common Pleas of Cumberland County is
required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible
facilities and reasonable accomodations available to
disabled individuals havinq business before the court,
please contact our office. All arranqements must be made at
least 72 hours prior to any hearinq or business bedore the
court. You must 'attend the scheduled conference or hearinq.
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, PA 17013
717-240-6200
filED-OFFICE
Of THE PROT~O"~T AhY
OUIol~ERI.~HO COUNTY
PEHNSYLV~HI.
~Oy 15 I 39 PH '95
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LESLIE A. THOMPSON
:: IN THE COURT OF COMMON PLBAS OF
:: CUMBERLAND COUNTY, PENNSYLVANIA
:: NO. 95-' .:lO~ CIVIL TERM
v.
KEITH W. THOMPSON, JR.
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IN CUSTODY
COMPLAINT paR CUSTODY
1. The plaintiff is Leslie A. Thompson who resides at
122 Souths ide Drive, Newville, cumberland County,
Pennsylvania, 17241.
2. Defendant is Keith W. Thompson, Jr. who resides at
53 Mountain View Terrace, Newville, cumberland County,
Pennsylvania, 17241.
3. Plaintiff seeks custody of the following children:
Jessica Thompson born October 12, 1987
Daniel Thompson born February 8, 1989
Jeremy c. Thompson born October 27, 1990
The children were born of the marriage of the
parties.
The children are presently in the custody of
defendant,
The children resided with both parents at 122
Southside Drive, Newville, pennsylvania until December 23,
1993 when defendant left the marital home. Children then
resided with their mother at 122 Souths ide Drive, Newville,
PA, until October 25, 1995, when defendant arbitrarily
removed the children to 53 Mountain view Terrace, Newville,
PA, 17241.
The mother of the children is Leslie A. Thompson.
The father of the children is Keith W. Thompson.
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4. Plaintiff has not partioipated as a party or
witness, or in another capaoity, in other litigation
oonoerning the custody of the children in this or another
court.
Plaintiff has no information of a custody
proceedinq concerning the ohi1dren pendinq in a court of
this Commonwealth.
Plaintiff does not know of a person not a party to
the proceedinqs who has physical custody of the children or
claims to have custody or visitation riqhts with respect to
the ohildren.
5. The best interest and permanent welfare of the
children will be served by qrantinq the relief requested
because the children should have a close and oontinuinq
re1ationahip with both parents and plaintiff has been the
primary caretaker of the child.
6. Each parent whose parental rights to the ohildren
have not terminated and the person who has physical custody
of the children have been named as parties to this action.
WHEREFORE, plaintiff requests the court to qrant
primary and or shared custody of the children.
Gr2rf'it,.do;l tff/I ~<. -
Attorney for Plaintiff
Dated: November 2, 1995
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein
are made subject to the penalties of 10 Pa.C.S. Sec. 4904
relating to unsworn falsification to authorities.
Dated: /1'~'96
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