HomeMy WebLinkAbout96-01956
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Christina Santa Maria,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1956 CIVIL TERM
CUSTODY
Jeffery S, Noss,
Defendant
MO-D9J'.L. f'OJL..Q.QNJJN!JANGf,
The plaintiff, by the through her attorney, Joan Carey of
Legal Services, Inc., moves the Court for an Order continuing
generally the hearing in the above-captioned case on the grounds
that:
1. A custody conciliation was held on July 11, 1997, with
Hubert X, Gilroy, regarding custody of Karli K. Santa Maria (DOB
12/1/95),
2. After the custody conciliation, this Court issued an
Order on July 22, 1997, scheduling a hearing for October 22,
1997, at 1:30 p.m.
3, The defendant has retained Paul Bradford Orr to
represent him in the matter.
4, The pal'ties by and through their counsel agree that the
hearing be generally continued to afford them time to negotiate a
Consent Agreement,
5. The parties understand that the Court Order of June 7,
1997, remains in effect pending further Order of Court,
WHEREFORE, the plaintiff requests that the Court grant this
Molion and continue this matter generally, with the Court Order
CHRISTINA SANTA MARIA,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 96-
CIVIL TERM
JEFFREY NOSS,
CUSTODY
Defendant
AfFIDAVIT IN S~PPPRJ.OfEfSJ~ION
F.OR [,EAVE TO PROCEED IN FO.RMJI, .PAUPER I S
1. I am the plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs of
prosecuting, defonding, or appealing the action or proceeding.
2, I am unable to obtain funds from anyone, including my
family and associates, to pay the costs of litigation,
J, I represent that the information below relating to my
ability to pay the fees and costs is true and correct.
(a) Name: .j:,hl~fitin5\..Si1nJ1LMarj.~_._.____
Address: _t44._5,_lt Holly_.pike___._ ,
_ClIrJisle ,I'A.,.1.701L._,_._.._._
Social Secllr ity Number: ._20,4-56-:-,9,5JO
(b) If you are presently employed, state
Employer: N/A.......
Address: NIA 'n_ ,___._ _,___._.
(c)
Salary or wages per month:, ti/A. .. ....__.
Type of work: ,. NI A..._ _, .. _ ._..______.
If YOll are presently unemployed, state
Date of last employment: 3/.9IL. uu__,
Salary or wages per month: $5.4,6,00 ..._'___
Type of work: Telemarketing. .. ._____._n'_
Other income within the past twelve months
Business or pl'ofession: None
Otiter self-amployment: None
CHRISTINA SANTA MARIA,
Plaintiff
J H TilE COURT OF CaBMaN PLEAS OF
vs,
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96- /'IS(, CIVIl, TERM
CUSTODY
JEFFREY A, NOSS,
Defendant
OIm~;R OF COURT
AND NOW, upon consideration of tho attached complaInt, it is
hereby directed that the pnrtios and their respective counsel
I /' '
appear berore I-[I_l;,.t C.!II."'/, c.,:t ,the conciliiltor,
at l-t:'l:1 r-\ (';,(1 ~ {-ltI Cl.iO\b l( (' 1111o'h\he o)\/r~ , day of
nt-"':;
,.--" 'J'" ft
1996, at/':'
,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 nnrrow the issues to be heard by the
court, and to enter into n temporary order, Failure to appear at
the conference may provide grounds for entry of a temporary or
permanent order,
For the Court,
_LIL~ (~J_j3--.flllLLJ./-r fA!;,! . BjC..
Custody Conciliator lJ
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT "AVE A r,AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AHERICANS WiT" DISABILiTIES ACT. OF ,1990
The Court of Common Pleas of Cumberlnnd County is required
by law to comply with the Americans with Disabilities Acto of
1990. For informntion about accessible facilities and reasonable
accommodntJons availnble to disabled individuals having business
before the court, pleasA contact our office, All arrangements
must be made at least 72 hours prIor to any scheduled hearing or
IJllllineSH before t Ill! court, You ITIl1flt attend the scheduled
conrnrence or hearing.
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CHRISTINA SANTA MARIA,
Plainti fI
IN TIIR COURT OF COMMON PLRAS OF
CUMRRRLAND COUNTY, PRNNSYLVANIA
NO, 96- /1';'" CIVil, TERM
vs,
JEFFREY A. NOSS,
Defendant
CUSTOIW
COMPLAINT FOR CUSTODY
1, The plaintifr iu chrialina Santa Maria, ruaiding at
1445B 1I011y Pike, CarliHlo, cumborland County, Pennsylvania
17013,
2, The defendant is Jofrroy A. "OH~, re~iding al Pro Ink
Tattooing, 1203 Ilarriaburg Pike, Carlisle, cumberland County,
Pennsylvania 17013.
3, Plaintiff sookH cuslody of the following child:
1Ij1 n\~
PresentResid~nge
Age
Karli K. Santa Maria
1203 Harrisburg Pike
Carllslo, PA
4 mos.
The child was born out of wedlock.
The child is presently in the custody of Jeffrey A. Noss,
who resides at 1203 Harrisburg Pike, Carlisle, Pennsylvania.
During the child's lifetime, the child has resided with the
following persons and at the following addresses:
A,ddrosJ;
RD #1, Box 344
New Freedom, PA
P_ll_tE!
12/1/95 - 3195
t@me
plaintirf, Toni &
Robert Smith
(plaintiff's parents)
and Anthony Sanla Marla
(plaintlff'u son)
defendant
1203 Harrisburg Pike
Carlislo, PA
3/95 - present
The mother of tite child is Christina Santa Haria, currently
residing at 1445B 1I011y Pike, Carlisle, PennBylvania,
c. The father is not acting in tho child's best
interest by refusing to allow tho mother Lo remove the four
month old child from his custody, and by unreasonably
limiting the mother's contact to viuitn at a tattoo parlor
where the father bring" the child during the hours he works
there.
10, The mother has concorns about the father's ability
to care for the child for rnasons including, but not limited
to, the following:
a, The father keeps the child at the tattoo parlor
where he works, and the child is left to sit either in a
baby swing or car seat for lengthy periOds of time.
b, When the mother visits the child, she sees dirty
bottles allover the room and finds the child dirty and
sick.
c, The father admits that he is not giving the child
the medication the doctor had suggested and feels the
child's condition has gotten worse.
d, The father has not taken the baby for her required
immunization shots, nor has he gotten her treatment for
persistent cold symptoms,
11. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action,
WHEREFORE, the plaintiff requests this Court to grant
primary physical and logal cuutody of the child to the plaintiff
and partial custody in the defendant at times to be agreed upon
by the parties,
Respectfully submitted,
I /:,
..J:' , '." ~...'t.( , )/
Joan Carey"
Attorney for Plaintiff
LEGAL SERVICES, INC,
8 Irvino Row
Carlir;le, PA 17013
(717) 243-9400
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,IUN f\ ~ 1997
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CHRISTINA SANTA MARIA,
PlaintirrlRespondenl
: IN TIlE COURT or COMMON PLEAS or
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVil. ACTION - LAW
v.
JEFFREY S. NOSS
DeFendant/Pelilioner
: NO, 96 - 1956 CIVIL TERM
: CIVil. ACTION - CUSTODY
OllllIm OF COUIlT
ANI>NOW,.lvn, 6
, 1997, upon consideralion of lhe auaehed Complaint, it is
hereby direeled thallhe parties and Iheir respeclive counsel appear beFore
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l'onf.t/~" I ~ R..... on Ihe \ \
,Ihe concilialor, at fl, 1....t."I...J (no_ 7 (ood ~""/ IfI1 ':/ul
day of ,-) --J \ 'I ' 199, ,al Cf: GO o'clock,
.a..,m., For a Pre-Hearing Custody ConFerence. AI sucb conrerence, an erFort will be made to resolve the
issues in dispule; or iF tllis cannot be accomplished, to define and narrolV Ihe issues 10 be heard by Ihe
Court, and 10 enter into a lemporary order. All children age five or older may also be presenl allhe
conrerence, Failure 10 appear allhe conFerence may provide grounds ror enlry of a lemporary or
penuanelll order.
rOR TilE COURT:
By: ,~d/ X fj~) lJq,
Cuslody Cnncili;lIor /
The Courl of Common Pleas or Cumberland Coullly is required by law 10 comply witllthe Americans with
Disabililies Act of 1990, For inFormalion aboul accessible Facilities and reasonable accommodations
availablc 10 disablcd individuals having business bcrore Ihc courl, please cOlllacl our ortice, All
arrangcments milS! he madc atleasl 72 hDurs prior to allY bearing or hllsincss bcForc tile court, You must
aUelld Ihe schedulcd conrerellce or hearing,
YOU SI IOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT I IA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP,
Orlicc of Ihe Court Administrator
Cumbcrland County Court Housc, Fourth Flllllr
Carlisle, PA 17013
(717) 240-6200
11. The existing Order or Court dated June 7, 1996 provides Ihe mother with primary physical
custody yet lhemolher has railed 10 comply with Ihis Order since March 13, 1997. Pethioller runs the risk
of being held in cOlllempt of said Order of Courl althis time.
WHEREFORE, Petilloner respectfully requests Ihallhe Court order a prehearing custody
conciliation conference to he scheduled as soon as possible additionally Petitioner requesls thaI primary
physical custody be awarded to him.
Respectfully submined,
By:
.
Paul Bradford Orr, Esq.
Allorney for Plaintiff
78 West Pomrrel Slreel
Carlisle, PA 17013
Telephone: (7\ 7) 258.8558
Supreme Court ID No. 71786
I verify Ihal the statements made in Ihe foregoing COMPlJllrvTare true and eorreCl, I
undersland Ihat false statements herein are made s\lbjectlo the penalties of 18 Pa,C.S, ~ 4904,
relating 10 unsworn falsificalion 10 lIulhorities,
DATE:
,'i~ '[ q- 97
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MIDSTATE IN BRIEF
IDillV~I(~R\~ti\~~;\\.,~WIi~n I
July 2, 1995
Patriot
Businessman accused of stealing income tax
An Elizabethville clothing manuracturer Is accused 01 stealing 1i1Ore
than $51,000 In stale Income tllX wilhheld rrom his employees' pay-
checks.
MalVin Reichman, 68, owner 01 Shirts Inc., J.M.'s Cut and Sew Inc"
Phyl's )(Ids Inc. and CuI and Sew ,Company Inc., nil or 47 S. Market
SI., was charged Friday wilh 26 counts 01 thelt by rallurc to make re.
qulred disposition of lunds received nnd one count 01 laUurc to liIe
stale Income tax relul1\S,
According 10 acling slale Altorney General Walter W, Cohen, Reich.
man raUed 10 pay the Slale $52,552 In Income tax he withbeld lrom
employees' paychecks Irom January 1091 10 January 1995. Cohen said
Reichman also lalled 10 liIe a personal stale Income IIIX return lor
1093.
Reichman will appear lor a preliminary hearing belore Dlstricl Jus-
tice Marsha Stewart; Ihe hearing had not. been scheduled yesterday.
Woman shot in hack treated and released
A woman shot Friday evening while watching a baseball game In
Hampden 1\vp. was trealed ror minor Injuries and released that same
day, Holy Splrlt Hospital personnel sald yesterday.
Tammy Lenk, a Mechtinlcsburg resldenl, was shot by Wayne Feas.
er, 32" or Swan Street, IIll1risburg. Fcoser had been hunting ground.
hogs more than 600 yards away.
No charges had been filed yesterday but an Investigalton by Hamp.
den 1\vp. police was continuing.
Four in city face drug-related charges
Olficers rrom Ihe city's organized crime and vice control unit con-
fIScated 433 bags 01 heroin Irom a city woman during drug-related ar.
rests made Thursday and Friday.
On lllursday, the officers arrested Diana Nieves, 25, 01 South 151h
Slreet, and Angell.. Ayuso, 22, 01 South 151h Street, nIter finding hero-
In worth $10,825 in N,c\'cs' home, police said.
Nieves and Ayuso were ch.rged with possession wilh Intenl to de-
liver heroin and crinunal conspiracy,
Aller arr.ignmenl by DIStrict Josllce George Zozos, Ayuso was
commllled to Dauphin Counly Prison In lieu 01 S I 00,000 ball; Nieves
was released on her 01111 rccngllllance on $5,000 bail.
00 Friday night, Ihe officel~, joined by agents Irom Ihe altorney
general's olfice, arrested parryl Pean, 46, 01 Radnor Streel, and ~ills-
tlna Santamaria, 22, 01 South 121h Slreel, on crack cocalne.re a ed
cnargrs.
They were arresled alter ollicers lound $1,200 worth or cocaine and
a loaded handgun In Dean's home, police said.
Dean was charged with possession wilh Intent to deliver crack co.
caine and possession of drug paraphernalia; Santamaria was cllarged
wilh possession of drug pamphcmalia
Bolh were arraigned hy Illstricl Jusllce James Pianka. Dean was
lreed on $50,000 hall, Salllamana was released on her own recognl.
7.nnce on $1,000 hall
'Hnor Child'a
Ilrthday 12~1-95
EXHIBIT "II"
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\~:1JUl 22 1997
CHRISTINA SANTA MARIA,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
,
.
JEFFREY S. NOSS,
Defendant
:NO: 96 - 1956 CIVIL TERM
: IN CUSTODY
COURT ORDER
AND NOW, this 22..J day of July, 1997, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed as
follows:
--
1. A hearing is scheduled in Court Room No..f of the
Cumberland County Courthouse on the ~~,day of
('O('II>(;~'fj , 1997, at ;,,'-11' j.'. m. at which time testimony
will be taken in the above case. 'At this hearing, the Father,
Jeffrey A. Noss, shall be the moving party and shall proceed
initially with the testimony. Counsel for the parties shall
file with the Court and opposing counsel a memorandum setting
forth the history of custody in this case, the issues
currently before the Court, each party's position on custody,
a list of witnesses who will be called by each party along
with a summary of the anticipated testimony of each witness.
This memorandum shall be filed at least ten (10) days prior to
the mentioned hearing date.
2. In the event either party desires to have a custody evaluation
performed by a professional prior to the mentioned hearing and
that party is prepared to incur the expense for suoh
evaluation, the opposing party is directed to oooperate in
that evaluation and to make the minor ohild available for the
evaluation. Additionally, any signifioant other of each party
that is requested by the evaluator to be involved should take
part in the evaluation process.
3. Pending further Order of this Court, this Court's prior Order
of June 7, 1996 shall remain in effect.
BY THE COURT,
cc:
Paul Bradford Orr, Esquire
Jan Turpening, Esquire - I' ~JH"~ :,,1.,1.,( <,(
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CHRISTINA SANTA MARIA,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
.
.
JEFFREY S. NOSS,
Defendant
:NO: 96 - 1956 CIVIL TERM
:IN CUSTODY
Prior Judge: J. Wesley Oler, Jr.
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:
Karli K. Santa Maria, born December I, 1995.
2. A Conciliation Conference was held on July II, 1997, with the
following individuals in attendance:
The Mother, Christina Santa Maria, with her counsel Jan
Turpening, Esquire and the Father, Jeffrey S. Noss, with his
counsel, Paul Brandford Orr, Esquire.
3. There is an existing Order from June 1996 which provides for
shared legal custody with physical custody handled by Mother
having the child for two weeks and the Father having the child
for one week. Father suggests that Mother turned the child
over to him while she went to California for a period of
approximately six weeks. Mother has now returned. Father is
suggesting that Mother has a very erratic life style and has
moved too many times and her current situation is such that
she is not capable of taking care of the child. Father is
seeking primary physical custody.
4. The parties were unable to reach an agreement and a hearing is
necessary. A hearing should take no more than one day.
5. The Conciliator recommends an Order in the form as attached.
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CHRISTINA SANTA.MARIA,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 1956 CIVIL TERM
.
,
:
v.
:
.
.
JEFFREY A. NOSS,
Defendant
.
,
:
: CIVIL ACTION - CUSTODY
COURT ORDER
nil, "
AND NOW, this "/ day of '-I " l,:,
consideration of the attached Custody Conciliation
ordered and directed as follows:
1. A hearing is scheduled in Courtroom # 5 of the Cumberland
County Courthouse on the lid day of ,1-r'.c~U'.,A...J ,
1996, at Ja:VD ~m., at which time testimony will be taken in
the above case. At this hearing, the Mother, Christina Santa
Maria, 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 custody in this case, the issues currently before
the Court, each party's position on custody, a list of
witnesses that will be called to testify, along with a summary
of the anticipated testimony of each witness. This memorandum
shall be filed at least ten (10) days prior to the hearing
date.
, 1996, upon
Report, it is
2. Pending further order of this Court, the following temporary
custody order is entered:
A. The Nother, Christina Santa Maria, and the Father,
Jeffrey A, Noss, shall enjoy shared legal custody of
Karli K. Santa Naria, born December 1, 1995.
B. Physical custody of the minor child shall be alternated
under a schedule whereby the Mother has the child for two
weeks, and the Father has the child for one week.
Exchange of custody shall take place Sunday evening at
5:00 p.m., or at such other time as agreed upon by the
parties. The non-custodial parent shall pick up the
minor child from the custodial parent. Father's first
week of custody shall commence on May 26 at 5:00 p.m.,
with the schedule alternating under the formula set forth
above,
3. Nei ther party shall be under the influence of alcohol or
illegal drugs during the time that they have custody of the
minor child. When the Father has custody and he is required
to go to work, the Father shall, under no circumstances, take
the child to Father's place of employment. Father shall
arrange for his live-in girlfriend to provide child care for
the minor child or some other competent adul t to provide child
care, Father shall advise Mother of the name of any
individual providing care to the minor child. When the Mother
has custody of the child, and in the event that she or her
Mother is not providing care for the minor child, Mother shall
advise Father of the name of an adult who is providing care
for the child.
4, The above custody order is a temporary order and is entered
without prejudice of either party to assert a claim that that
party should be the primary custodian and is entered without
any presumption that either party is entitled to primary
physical custody.
BY THE COURT,
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Herschel Lock, Esquire I,
Joan Carey, Esquire - (;.:-!;.., ._~ ,l41-J.,..l..
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 1956 CIVIL TERM
CIVIL ACTION - CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
CHRISTINA SANTA MARIA,
Plaintiff
JEFFREY A. NOSS,
Defendant
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1, The information pertaining to the child who is subject of this
litigation is as follows:
Karli K. Santa Maria, born December 1, 1995
2. A Conciliation Conference was held on May 24, 1996, with the
following individuals in attendance:
The Father, JeffreyA. Noss, with his counsel, Herschel Lock,
Esquire, and the Mother, Christina Santa Maria, with her
counsel, Joan Carey, Esquire.
3. The child was born in December, a t which time Mother had
primary physical custody. In either late February or early
March, Mother delivered the child to the Father and requested
that the Father keep the child on a temporary basis. Father
felt that he should keep custody of the child because he had
concerns about Mother's lifestyle and living arrangements. A
dispute arose between the parties concerning custody. Mother
filed this custody petition and also was able to get custody
of the child back from the Father.
4, The parties are in a definite disagreement on the
circumstances of their living situations, Father suggests
Mother is a drug and alcohol abuser. Mother lives with her
own mother and another child that the Mother has from a prior
relationship.
5. Father lives with a girlfriend and that girlfriend's child.
Father is employed as a tatoo artist. Father's work schedule
is two days on and two days off. Mother is not employed.
Father has a DUI conviction and Mother suggests that Father
has a drinking problem,
6. A hearing is necessary. A professional evaluation may be in
order, but the parties do not have the finances to pay for
that evaluation. A hearing should take no more than one day
of testimony. Because the parties have each had a significant
portion of time with the child, the Conciliator is
recommending a schedule whereby the Mother has the child for
two weeks and the Father has the child for one week, pending
the hearing, The Mother lives in Altoona with her mother, and
the Father lives in Carlisle, which is the reason why a
shorter period of time with more exchanges of custody would
not be feasible at this time.
7. The Conciliator recommends an order in the form as attached.
Date
G/~ ql,i
Hubert
Custody Concili