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HomeMy WebLinkAbout00-00454 . ,>,^ " ~ ~ ,. ~,~~ ,"=~I k',i ,I I' " ii " ;1 II !i Ii . " AUG 2 5 2fJIJ)ffJ ANGELA M. TOMASELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant NO. 2000 - 454 CIVIL IN CUSTODY COURT ORDER AND NOW, this ;;<"fIJ, day of August, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior Custody Orders are vacated. 2. The Mother, Angela M. Tomasello, and the Father, Nick T. Tomasello, shall enjoy shared legal custody and shared physical custody of Ryan A. Tomasello, born March 11,1994; and Nickolas T. Tomasello, born May 16,1995. 3. Father shall have physical custody of the minor children every weekend with an alternating schedule of one weekend from Friday when Father gets off of work until Monday morning when the children shall be delivered to school or to the Mother's home. The next weekend, Father shall have custody from Friday when Father gets off of work until Tuesday morning when Father shall deliver the children to school or to the Mother's home. 4. Mother shall have physical custody of the minor children at such times as Father does not have custody as set forth in Paragraph 3 above. This physical custody schedule is designed to provide that, on an interim basis, the parties have shared physical custody such that it works out on a 28 day period the children will spend 14 nights with dad and 14 nights with mom. 5. In the event either parent is absent from the children for a period exceeding two (2) hours, they shall notify the other parent first and give the non-custodial parent the opportunity to provide care for the children during that timeframe. If the non- custodial parent is unavailable or unwilling to provide care, only then may the custodial parent turn the children over to another caregiver such as their family members or daycare. 6. Bother parties shall enjoy reasonable telephone contact with the minor children when the children are in the other parents custody. ~ilIllIiiIIlIIiiiIiiIIiIil_IlIbl~~iIDItIiIillI~~~"~lll~"""'''' ..-''- ,.. ~.:..":." - ~" , .~. ~ h''"'" ,.,. .~ .. . " . ". "",- "~'" \..I1~'W^'11""NN:Jd Vll~VI\I/\v\ I ..J }J'ln"" ,-., "1-'\ 1"r1I"'n" .1\1 lJ.) 1...;':\:':. :;:",~:'i,,~.~nl .J . f' P 1,1,) Q' [.;';['1\.1 Of) ! :1 '.\:. (',.... .) 2. '..il;'Il' 1.., N:l\fl0 ":,.j;'", 'h ",', ,:.10 " I 1..:'.1 - - ,,-,' r . cc: ~ -. .' .'-.........1 ""':i; ..-' ~ 7. Unless agreed otherwise, the non-custodial parent will pick up the children for purposes of starting custody. However, when the non-custodial parent is taking care of the children at the request of the custodial parent because the custodial parent is at work or is unavailable, the non-custodial parent in those situations will handle all transportation. A hearing is scheduled in Courtroom No.J of the Cumberland County Courthouse on the :1.rcA day of 17f)IJ'~A) , 2000, at q.' 30 , L.M. at which time testimony will be taken in the above case. The parties will be directed by the Conciliator to file a pre-hearing memorandum after the second Conciliation that is scheduled as set forth below. 8. 9. A second Custody Conciliation Conference will be held on Thursday, October 26, 2000 at 8:30 a.m. In the event legal counsel detennines that the Conciliation can be accomplished with a telephone conference, counsel for the parties can contact the Conciliator to make arrangements to have that Conciliation handled as a telephone conference call. The purpose of this Conciliation Conference is to analyze the custodial situation that has taken place over the past ten weeks and detennine if there is an opportunity to resolve the matter prior to the hearing that is scheduled. 10. Pending further Order of this Court, it is directed that the minor children shall attend school in the Cumberland Valley school district where the mother resides. Maryann Murphy, Esquire Peter R. Henninger, Ir. BY THE COURT, AiL ~o ? ~o.:. "" c:> 00 Q;-"" G 1. ~ . "' I. ~j . ANGELA M. TOMASELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant NO. 2000 - 454 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY 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: Ryan A. Thomasello, born March 11, 1994; and Nickolas T. Thomasello, born May 16, 1995. 2. A Conciliation Conference was held on August 17,2000, with the following individuals in attendance: The Mother, Angela M. Tomasello, with her counsel, Maryarm Murphy, Esquire; and the Father, Nick T. Tomasello, with his counsel, Peter R. Henninger, Jr., Esquire. 3. The parties have been before the Conciliator and the Court before at which time the custody complaint was essentially dismissed because the parties continued to live together. The Mother is now relocating from the marital home having acquired another residence and the issue of custody needs to be decided. 4. The children live in the marital home which is located in the Mechanicsburg school district. Mother is relocating approximately 15-20 minutes away to a home in the Cumberland Valley school district. Ryan will be starting first grade and Nickolas will be starting kindergarten. Ryan attended kindergarten in the Mechanicsburg school district. 5. Mother works weekends that would allow Father to spend a significant period of time with the children on weekends. Father currently works 8-4 on weekdays. Although there was some discussion about a permanent resolution of the case based upon the existing circumstances and agreement on a global settlement of the custody issue was unable to be reached because of some details with respect to school districts the children may attend and other issues. For that reason, a hearing needs to be scheduled. However, the Conciliator consulted with Judge Hess and is prepared to enter an interim order pending the scheduling of a hearing. . '( :- ,.', .' ,", ,~ . ~ 6. The issue of the school districts is a point of contention with the parties. The Conciliator notes that the Father will spend most of his time with the children on weekends under the order that will be proposed by the Conciliator. The Mother also currently does not have a license and she is proposing the kids going to school relatively close to where her home will be. Furthermore, under the custody arrangement recommended by the Conciliator, a majority of the weekday mornings the children would be waking up in the Mother's home. For that reason, the Conciliator recommends on an interim basis that the children be allowed to attend the Cumberland Valley school district where the mother is residing. 7. The Conciliator recommends the entry of an order in the form as attached. ~p vi O!J DATE . "'f.."-b .,'..;.....;.1' ~,."._~O+'"I .... ..... I NOli 17 200aJP ANGELA M. TOMASELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant NO. 2000 - 454 CIVIL IN CUSTODY COURT ORDER AND NOW, this u" day of November, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled in the above case for November 29th at 9:30 am. is hereby cancelled. 2. This Court's prior Custody Order of August 28, 2000 shall remain in effect subject to the following modifications: A. On the alternating Monday when Father has custody through Tuesday morning of that week, Mother may pick up the minor children at 8:00 am. and keep custody of the children until each of them goes to their respective schools. B. FOT the Thanksgiving holiday for the year 2000, Mother shall have custody on Thanksgiving Day through 3:00 p.m. Father shall have custody from 3:00 p.m. on Thanksgiving Day until 7:00 am. on the following Friday morning, with Mother again having custody from 7:00 p.m. on Friday morning through approximately 12:45 p.m. on Friday afternoon when Mother goes to work. C. Christmas holiday shall be alternated between the parties on a two day schedule. The first day shall be December 24th at Noon until December 25th at Noon, with the second day being December 25th at Noon until December 26th at Noon. For the year 2000, the Mother shall have the first segment and shall have custody from December 24th at Noon until December 25th at Noon with the Father having the second segment. The parties shall alternate this schedule in future years unless the parties agree otherwise. 3. The Thanksgiving and Christmas holiday schedule as set forth above shall supercede any other provision of the Custody Order. , ", . .. cc: "' . ,'. " " -,~, ,~.,-<,."" __ ',_'" ~__. c,. ._ 4. Counsel for either party may contact the Custody Conciliator by letter to request the scheduling of another Custody Conciliation Conference at such time as circumstances develop that would merit a reevaluation of the existing Custody Order. By agreeing to this Order and the prior Order of Court entered in this matter, neither party waives the ability to raise issues at a hearing in this case whereby that party may suggest that he or she should be the primary physical custodian of the minor children. BY THE COURT, /1i JeffreyN. Yoffe, Esquire Peter R. Henninger, Jr., Esquire J. t.~ 11)& J 1-11-00 ~X~ 1iiI1lI1.1'ltiiii~l!IlIItlJllllil~lMiiidIiIiIilii!iill!lillll~d"~~~"''' . ~~ """ .;<,c'- ~~",I,~"',,'~ "'. """ =." .~,. ,~., \~"II"'\.fJ\\-\\C.~.~N?.,d ,... 'Ii ';j'/ l! "'"_" .-r"'n""" \ A1NC'(;') 0\\::'71 ~("". .~--':.' ,; \d . '.t~ i.',) t)G'u - I.\-i" i', i ,'..~.: . '...- ._~ - ' o 2~ " r'~ ;""1'1 \!'i 1-.....1 ~, ~ cJ .~ '(" ~ ",,-, , :.~ "' <, "',,"',~F'~'~~"" ",,'.,. '.>P.,,~ . ~r.e ,. ~ .. .~ o,~" ~ F"~ . ~ ~ ... . , ,'..--; ~ , _j. fu ",__ ,~ ",. .',;';J';k__'C' ',.'" ,.........1..,. ~-". . , .: ,. . ANGELA M. TOMASELLO, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant NO. 2000 - 454 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess 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 children who are the subject of this litigation is as follows: Ryan A. Tomasello, born March II, 1994 and Nicholas T. Tomasello, born May 16, 1995. 2. A Conciliation Conference was held on November 15, 2000, with the following individuals in attendance: The Mother, Angela M. Tomasello, with her counsel, Jeffrey N. Yoffe, Esquire; and the Father, Nick T, Tomasello, with his counsel, Peter R. Henninger, Jr., Esquire. 3. The parties agree to the entry of an order in the form as attached. (I! 15:/ IJ {j DA'TE Hubert X. Gilroy, Esq . Custody Conciliator '=' .<,~ ,'~" ~"~,~. ,.. ........I~, .'"" ..., ..., '" Sfp 1 92001 tfJ ANGELA M. TOMASELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant NO. 00 - 0454 CIVIL IN CUSTODY COURT ORDER AND NOW, thisZ.o' day of September, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. This Court's prior orders of August 28, 2000 and November 20, 2000 are ratified subject to the following modifications: A. For Thanksgiving 2001, Mother shall have custody on Thanksgiving Day through 1 :00 p.m. Father shall have custody from I :00 p.m. on Thanksgiving Day until 9:30 p.m. The regular custody schedule then shall Tesume. B. For the Easter holiday, if Mother is working, Mother shall have custody of the children from 8:30 a.m. until I :00 p.m. If Mother is not working, Mother shall have custody of the children from 2:00 p.m. through Monday morning at 9:00 a.m. C. For Memorial Day, if MotheT is working, Mother shall have custody the morning of Memorial Day from 8:30 a.m. until 1:00 p.m. and Father shall have custody for the remainder of the day. If Mother is not working, Father shall have custody of the minor children in the morning and deliver custody ofthe children to the Mother at 2:00 p.m. D. The July 4th and Labor Day holiday schedule shall be handled identical to the Memorial Day schedule. E. Both parties shall be entitled to two separate weeks of vacation with the minor childTen which shall be non-consecutive. The parties shall notify each other at least sixty (60) days prior to when they intend to exercise this vacation, notification to be in writing. F. On the Monday night Father has custody, Mother shall pick up the children after her work rather than Father dropping the children offat Mother's home. ,~~~ 'W" l~'.IUi.,j""'C~'~~'a~tiIliiIiiiIt "'>I!lll!i.iiltlllillOlil ,~ . ~ '>;.:t- 'J~{: ItINV/I1ASNN3d ).,,' NI"IO') ~. ", ~" 1-"-I'~n8 I'" I / :\'7 r~...,,...!.. _, ~., \~ r ," r _ _1 '..' 80:9 hlV IZd:JS iV I U<-!! "",""'J"';,: .'.. 1'\~V.l..V!ljv,...\...J_A.. -', 3CiI.:I.:lO-o:nl:J .i. ;10 t.., ...... ., . ~, ,.., cc: _ ~,--~-- -^.~_C' " .'_~-c, -. ,~- -.,-,''-__-'0.__ ,"'''~_'''__"'',__~ I Q, On those Mondays when Father has physical custody of the children and where the children may be off school, Mother may have custody of the children pursuant to Paragraph 2A of the November 20, 2000 Order, but Mother shall return the children to the Father prior to her going to work on Monday, but no later than 1:00 p,m, H, The parties shall endeavor to try to communicate with each other in a civil manner in an effort to resolve all custody issues so as to minimize any disruption for the children's schedule, L The parties shall also alternate custody for purposes of taking the children Halloweening and on Mechanicsburg Jubilee Day, J, Pursuant to an agreement by the parties stated at the custody conciliation conference, the custody order presumes a 50-50 physical custody arrangement which the parties agree to in fact and in spirit, and which custodial arrangement shall be binding upon the parties upon the setting of any support obligation subject, however, to any future modification of the custody order by order of court, 2, In all other respects, the prior Orders of Court shall remain in effect. 3. In the event either party desires to modifY this Order, that party may file a petition with the court to have the case again scheduled with the custody conciliator. Richard C. Rupp, Esquire BY THE COURT, /14- J. L. ~ 0ofh~~ Angela M. Thomasello Leiby's Trailer Court 7073 Carlisle Pike, Lot 207 Mechanicsburg, P A 17055 -'0 .+-- ",. --." - - ~ ,-~-- 'i '- '-'" ,,' ..., ANGELA M. TOMASELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NICK r. TOMASELLO, Defendant NO. 00 - 0454 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess 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 children who are the subject of this litigation is as follows: Ryan A. Tomasello, born March 11,1994; Nicholas T. Tomasello, Jr., born May 16, 1995. 2, A Conciliation Conference was held on September 14, 2001, with the following individuals in attendance: The Mother, Angela M. Tomasello, who appeared without counsel; and the Father, Nick T. Tomasello, with his counsel, Richard C. Rupp, Esquire. 3. The parties agree to the entry of an order in the form as attached. Kt, ~I 0-( ~-~.. H l' _.-.1111.., li ~.L _ ~L.lli ~~..~.J..!~l....~_..-......_~~~,.:._....:.~,:.,_,.~....,.,",:-}' ANGELA M. TOMASELLO, Plaintiff/Respondent v. : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant/Petitioner : NO. 2000-454 CIVIL : IN CUSTODY STIPULATION AND AGREEMENT PERTAINING TO CUSTODY OF PARTIES' MINOR CHILDREN AND NOW, this -kl..- fa.ay of December, 2002, comes Nick Tomasello! Defendant/Petitioner represented by his attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, and Angela M. Tomasello, pro se, now known as Angela Haldeman, parents of two minor boys who are signing and dating this Stipulation and Agreement pertaining to custody of parties' minor children as follows: Whereas the parties are the natural parents of two (2) minor children, Ryan and Nickolas Tomasello, Whereas Petitioner/Father, Nick Tomasello, who resides at 885 Pennsylvania Avenue, Lemoyne , PA, arranged for a vacation beginning on December 13, 2002 with his minor children. Pursuant to said Court's Order dated May 13, 2001, . Petitioner/Father has arranged a vacation with his two minor children for a trip to West Palm Beach, Florida, and to Universal Studios and Kennedy Space Center, -.- U L lMll .li;l!!lDI1IlI1J~~ ~~lU!L.n:..L~!l~~.__~~"-' it; .. . L ' ;, i: Whereas the parties share legal custody of these two (2) minor children fj u Ii 11 Ii I; 1) l; whereby both parties share primary physical custody of the both children, in accordance with the Court's Order dated May 13, 2001 which is attached to the Petitioner's Petition and incorporated herein by reference, Whereas The Defendant delivered a notice more than ,sixty days in advance of I; the needed vacation dates to the Plaintiff/ Respondent/Mother advising her of the i ,. 1\ r Defendant's proposed vacation time, I: i Whereas pursuant to Paragraph 5 of the said Order dated May 13, 2002, Petitioner/Father is allowed vacation time with the minor children upon sixty days notice to the other parent, Whereas Respondent/Mother, Angela M. Halderman, formerly known as Angela M. Tomasello who resides at 7073 Carlisle Pike Lot # 207, Carlisle PA, objeded to the father's planned vacation, Whereas the Petitioner/Father, Nick Tomasello filed a petition for enforcement and/or contempt of custody order in order to enforce the planned vacation, 2 ~~ t~~,_._, , ..~"._.~..'~...~:::.~ >-'~''''''''''';''''~~.A_j._..,..~_...~.".. ~.",_..u. h ~~'~-' ... < .... ", Whereas Defendant's vacation with his two children would begin with the Defendant's regular custody time on December 13,2002 and would cover the week of December 15, 2002 through December 21, 2002, Whereas the parties have now reached an agreement to allow the Petitioner/Father Nick Tomasello to take the planned vacation, AND NOW THIS 11 TH DAY OF DECEMBER, 2002 , THE PARTIES HERETO INTENDING TO BE LEGALLY BOUND HEREBY THIS STIPULATIOt-.! AND AGREEMENT, HAVE AGREED AS FOLLOWS AND HAVE SIGNED AND DATED THIS STIPULATION AND AGREEMENT, AS FOLLOWS The parties agree that the parties minor children shall be made available to the Petitioner / Father Nick Tomasello on Friday, December 13, 2002 no later than Two (2) O'Clock P.M. E.S.T. from the Respondent / Motber's residence for Petitioner / Father's visitation/ custody purposes in order to allow Petitioner / Father to have the minor children for the planned vacation. 3 .",1 illO ., ___I . . . j J 8..J. -L1JtlL!:::!U.l.!.JUF.MU!:!! _ L ~.ll .~.U. _~ ...."."h..__...,,'. .i' i' ::,; l," t:;, WHEREFORE, the parties respectfully requests this Honorable Court to enter !i~ ii': i": such an Order. j" Witnesses: Date of signing: /12.-//- M i': I':, ~: ii' Ii:! <.; r- ",- !i o,r1'll i~ Ange a M. Hal~eman, formerly r" q I:: Known as Angela M. Tomasello ii"~ Mother of minor children Date ofsigning: I,). w /1-7 ~ I!: J': i H I, ~l~ I ~:! \ ~~ Nick Tomasello Father of minor children 4 a""":";';""""" >'~'"~''''1_'1 - 'Iii'~~ '~ J,ti:".,U,'~EJ, ,.,,_,.. ,_., _,,~ _~"'_ .',,",,' '_I <,-.,,'^. .+. """ llliilO~Ilt~~llII.n.iIiI-"- ,-~ "~~-", - "'>.- .. , .' ., "'"' _0, .. o ~ -06:; mni 2:11, :ZC (j)~,. --< .-r:: \:2L '1> ,..."'- ~(:S J>c::: -7 :':.:j =< '="' "' C::' f~ ';,2 ," C) . " n '--::--1 --;-l i--; ~T~, L ;2 ,-::::.' ::',:~2 ?,h~ (~tn ...l :t:"- 3.! N 0"' , -<~ ". , " - " -~. ~;'~ ~~-"-"""jj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA TOMASELLO Plaintiff/Petitioner vs. : NO. 2000-454 Civil Ter.m : NICK TOMASELLO, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is directe that the parties and their respective counsel before , the conciliCj,tor. at G on the _ 1'11::fl day ~.m., for a Pre-Hearing onference. 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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. ',,; , ~ ,-. , "",' '-.ili<' .-.~~- "-c. ~, ' -,,~ T r ~ ,,; , CF T! :~~L0?~' (),"~FICE. <',inT;\HY nn M r \,I i Q r ......v I i:'J j ',... :'~i"'J :~;; s 9 cUr\.~,:~;_i~~,,~~, ',~ (,O::)i"{{ y n:i\li\!Sn ~,/;:'.!-\!'t', _d., ,!,' S:;;(dm W ~ ~ 6 .~s. 5-c%7.aJ ~ ~ z:-4 ~ ~JrI.~lJ C'~ ~ ~ )if. A~ ~ I i~ ~, ~ r , ~~~ .~. "-'lfI';!IlII_ ,~ _n ~"\IlIII;_m't?l'>Jl\"lIl""'~.""l'''''~''!)V-l;"",_,J;>'''__~llIlllIIli!flfrn\'l!~~~~!i'lfII~H\lf!!l!ll~i'!'i ", , C,',"",' ,-,,_, _I ~'" ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA TOMASELLO, Plaintiff/Petitioner v. . . No. 2000 - 454 Civil Term NICK TOMASELLO, Defendant/Respondent . . IN CUSTODY PETITION FOR CUSTODY CONCILIATION CONFERENCE NOW COMES, ANGELA TOMASELLO, Plaintiff/Petitioner, by and through her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and avers as follows: 1. petitioner is ANGELA TOMASELLO who resides at 9 North Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. 2. Respondent is NICK TOMASELLO who resides at 9 North Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. 3. petitioner and Respondent are the parents of two (2) minor children, namely; RYAN TOMASELLO, born March 11, 1994, and NICKOLAS TOMASELLO, born May 16, 1995. 4. petitioner filed a Complaint for Custody on January 24, 2000. ( a copy of this Complaint is attached hereto. incorporated by reference herein and marked as Exhibit UAU). 5. petitioner filed a petition for Special Relief on January , -, _c,__,-,--."_,,_.";, -- ._.J 27. 2000 requesting shared legal and physical custody of the minor children with Respondent. (a copy of this petition is attached hereto, incorporated by reference herein and marked as Exhibit "B") . 6. An Interim Order of Court was entered on January 27, 2000 by the Honorable Kevin A. Hess, pursuant to the agreement of the parties. (a copy of this Order is attached hereto. incorporated by reference herein and marked as Exhibit "C"). 7. A Custody Conciliation Conference was scheduled on February 18, 2000 before Hubert X. Gilroy, Esquire. (a copy of this Order is attached hereto, incorporated by reference herein and marked as Exhibit "D"). 8. On February 24, 2000, a Court Order was entered canceling the Custody Conciliation Conference since the parties continued to reside together and there was no designated time whereby one party would be moving from the marital residence. The January 27. 2000 Interim Custody Order remained in effect. (a copy of this Order is attached hereto, incorporated by reference herein and marked as Exhibit "E"). 9. Petitioner has now located a new residence and wishes to vacate the marital home as soon as possible. She is unable to do so with the minor children while the current Custody Order is in effect. ,~ " ';'d'''. .......J f i?i 10. petitioner requests that another Custody Conciliation Conference be scheduled to enable her to relocate by early summer. WHEREFORE, Petitioner, through her counsel, requests a Custody Conciliation Conference be scheduled. Respectfully submitted: By: Maryan Murphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Attorney I.D. #61900 Attorney for Plaintiff/Petitioner 'g . . . '~ ~j, ( IN THE COURT OF CODON PLBAS OF C1JJIBERLA!lD COUHTY, PBHHSYLVAHIA CnIL ACTION - LAW ANGELA H. TOHASELLO, Plaintiff . . : . . v. : NO. ~. '1J'I C;.:.t(.4-~_ . . HICK T. TOHASBLLO, Defendant : : Dr CUSTODY ::- COHPLA:mT FOR CUSTODY tL AllD NOW, this ~~ day of ~2000' comes the Plaintiff, ANGELA H. TOHASELLO, by and through her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for CUstody, and in support thereof avers as follows: 1. The Plaintiff is ANGELA H. TOHASBLLO whose current address is P.o. Box 1039, Carlisle, Cumberland County, Pennsylvania. 2 . The Defendant is HICK T. TOHASELLO who currently resides at 9 North Stoner Avenue, Shiremanstowo, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary physical and shared legal custody of the following children: RYAN TOHASELLO, born March 11, 1994 and NIexOLAS TOHASBLLO, born May 16, 1995 E"h',t',+ "A" Co ,_ .. . -Ii;: , ' ( 4;. The children were born out of wedlock. They currently reside with the Plaintiff. 5. During the lifetime of the children, they have resided at the following addresses with the following persons: Time lI."""ess With Whom birth-1995 7073 Carlisle Pike Lot 200 Carlisle, PA Plaintiff/Plaintiff's mother, brother and stepfather 1995-1997 512 N.Center St. Plaintiff/Defendant Pottsville, PA 1997-1/21/00 9 N. Stoner Ave. Plaintiff/Defendant Shiremanstown, PA 1/21/00-present P.O. Box 1039 Plaintiff Carlisle, PA 6. The father of the children is NJ:C1C TOKASBLLO. He is married to Plaintiff. 7 . The mother of the children is ANGELA TOKASBLLO. She is married to Defendant. 8. The children currently reside with Plaintiff. 9. The 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 any other Court, except as set forth above. 10. The Plaintiff has no information of a custody proceeding w.~ ( '. concerning the children pending in a Court of this Conunonwealth. 11. 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. 12. Each parent whose parental rights to the children have not been terminated, and the persons who have physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 13 . The best interest and pexmanent welfare of the minor children will be served by granting Plaintiff primary physical and shared legal custody. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary physical and shared legal custody of RYAN and m:CXOLAS . Respectfully submitted, L Maryann urphy, Legal Services, 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff TRUE COpy FROM RECORD .In Tl:siimi.l!l" ~.,il0roof, I !~f,j \iilto !}~l my nand and the se:} (.'1 said ' . rt al Caniste, Pa. Thl ,. ~ JZruO llrothOl'lOll1ry ~ ~ - --. .-" _0." "";~I "", ( '. VERIFICATION I. ANGELA TOnSELLO, verify that the statements made in the foregoing Custody 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. ~ L1'Pt-- AN~onSELLO .',-",= :,~""I "',,-.1 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA TOMASELLO, Plaintiff/Petitioner : r '. ; v. . . No. ~ . . NICK TOMASELLO, Defendant/Respondent : IN CUSTODY -, PETITION FOR SPECIAL RELIEF-TEMPORARY ORDER PURSUANT TO PA.R.C.P. 1915.13 NOW COMES, ANGELA TOMASELLO, Plaintiff/Petitioner, by and through his attorney, Maryann Murphy. Esquire, of Legal Services, Inc., and avers as follows: 1. petitioner is ANGELA TOMASELLO whose current address is P.O. Box 1039, Carlisle, Cumberland County, Pennsylvania. 2. petitioner is married to Respondent. 3. Respondent is NICK TOMASELLO whose current address is 9 North Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. 4. Respondent is married to Petitioner. 5. Respondent is represented by Peter Henninger, Esquire. 6. petitioner and Respondent are the biological parents of L [.1 \ll),ll r.. j( t\"j n'l t It:) .~-,-~..~ '-', .-, < _, 'd_- ,-' d- "~, ,,,,,,J two minor children: RYAN TOMASELLO, born Marcy 11, 1994 and NICKOLAS TOMASELLO. born May 16, 1995. 7. The parties are experiencing marital discord and Petitioner filed a Complaint in Divorce and a Complaint in Custody on January 24, 2000. 8. petitioner and the minor children are temporarily residing at a location other than the marital home. however, the parties believe that it is in the best interests of the children that the status quo is preserved while Petitioner and Respondent attempt to negotiate a property distribution and a permanent custody order. To that end, Petitioner and the minor children are moving back to the marital residence, although Petitioner and Respondent have agreed to live separate and apart while residing in the home together. 9. Both Petitioner and Respondent are concerned that the other could remove the children from the home since there is not a Custody Order. Both petitioner and Respondent are concerned that they could be denied contact with the minor children by the other party. The parties believe that either of these occurrences would cause unnecessary confusion and instability for the minor children, and would not be in their best interests. 10. To ensure that the minor children have regular and significant contact with both parents, and to ensure that both .-" ~. , ~ ~.I ""-'.'-,1 / , , i, parents have regular and significant contact with the minor children, Petitioner requests that an Interim Custody Order be issued pending the Conciliation Conference. WHEREFORE, Petitioner prays this Honorable Court to enter an Interim Order awarding shared physical and legal custody of the minor children pending the Conciliation Conference. Respectfully submitted: , I U By: \~\"I\O),.U..,~O"'('_'\' ~^U~u....~~t(?-- Maryann!l'lurphy, EsquJ.re \ I Legal Services, Inc. V 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Attorney I.D. #61900 Attorney for Plaintiff/Petitioner ~--~- , , f I JAN 2 7 2006W' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA CIVIL ACTION - LAW ANGELA TOMASELLO, Plaintiff No. 2000 - 454 Civil Term v. NICK TOMASELLO, Defendant IN CUSTODY INTERIM ORDER OF COURT AND NOW, this :;t.,...l> day of ~. r a ' <;lOcO. upon consideration of the attached Stipulation for Entry of an Interim Custody Order, IT IS HEREBY ORDERED AND DECREED that the terms thereof are approved and that custody is awarded as set forth in the Stipulation with the same force and effect as if the same had been decreed by the Court following an Evidentiary Hearing. BY THE COURT: /'o,p \i'..~ C\ ~. -~ J. ~ . -',. <:' ~~-~ (\~;~ F "','" F ~~~ (; ;~~ ?l ~.: ," '. " ,. ....;. .;;;";'rXt~-oi 1 1, :;.:~~,-s n!~,~~ ~;'_;-'~ ;~;:( ;.:. ;.;;':1 E t<h tJr + ~ t II ;'~-,..'" :-,';:: '.--f~-,t '-0'; ';::':';~:' ("l~:.(r~ ,'.fo t"l.,..;.;,.~... 0-., ","" """""-,,,,)~>, A"'" ',~.' '" '" ~~-' ,.; ~~ "-~ '/::?,; co c~'f Q ,,)/),- Pr. thonmary ~ -' '"0 ,-- ',,- ,.~_.L' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW ANGELA TOMASELLO, Plaintiff No. Civil Term v. : NICK TOMASELLO, Defendant IN CUSTODY STIPULATION FOR ENTRY OF INTERIM CUSTODY ORDER The parties to this action are ANGELA TOMASELLO (hereinafter referred to as "MOTHER"), and NICK TOMASELLO, (hereinafter referred to as "FATHER"). The parties are the parents of two minor children; RYAN TOMASELLO, born March 11, 1994; and NICKOLAS TOMASELLO, born May 16, 1995. The parties own a home at 9 North Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. On January 24, 2000, MOTHER filed a Complaint in Divorce and a Complaint for Custody in the Court of Common Pleas of Cumberland County, Pennsylvania.. The parties will be residing together at the marital residence while they attempt to negotiate a property settlement and permanent custody order. Pending the Conciliation Conference, the parties desire to amicably ensure both of their rights with r.espect to the minor children. and to enter into a temporary custody order in the best interests of their children. .~b.... ( "_,~I . '. ( MOTHER and FATHER therefore, stipulate and agree to the entry of an Interim Order of Court awarding custody as follows: I. The parents agree that they shall share legal custody of the minor children. All major decisions affecting the children's growth and development shall be made by the parents after discussion and consultation with each other and with a view towards obtaining and following an harmonious policy in the children's best interests. These decisions include those regarding medical, religious and educational matters. Both parents agree to give support to the other in their role as "parent" and to take into account the concerns of the other for the physical and emotional well-being of the children. While in the presence of the children, neither parent shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. The parents shall communicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary. 2. The parents agree that they shall equally share physical custody of the minor children. The parents shall both reside at the marital residence with the children, although MOTHER and F ATHER will be living separate and apart in the home. When MOTHER is at work, the children shall be in FATHER's custody. When FATHER is at work, the children shall be in MOTHER's custody. In the event that both parents have the same day off from work, the day shall be divided equally between them. . =:~; ~o.3~1 01/24 . .. .. . r-r- ~ c: ,:;. ~ """,,, ..""....- , !".~:GAl SERVICES.:\c. I FAX:717~..,)8026 ,'~ -.,," '--~ J ~}', ~~,.~..._. DOGE 8 '. 3. MOTHF.R und FATHER ugree that 9 North Stoner Avenue. Shiremanstown, Pennsyivuniu shall remain the residence of lhe children, as well WI the parents. pendinll the Conciliation Cunference. Any overnight visits outside the home by the children shall be mutually agreed upon by the parents. 4, MOTHF.R und rATHER agree thut the minor children shall not be removed from the Commonwealth llfPennsyJvania willlllut written Ilgreement of both parents.ln that eVent, the purent removing the children must provide the other with II telephone number nnd address for contact. 5, The parents ugree thut this Agreement shall be submitted to the Court of Common Pleas ofCumber!and Cllunty.l'ennsylvwliu for approval and for entry of an Interim Order, and the parents hereby request thut this Honorable Court enter such un Order. IN WITNESS WHEREOF, the parties hnveexeeuted this Stipulation fbr Entry ofan Interim Custlldy Order llnthe dute indicated below. ,JfJ/}no ~ lhdkf'~~ W1ln's ~~~ h7'7'-4.1 Date ~~L~J!?' Witness .-#/~b~___ NICK TOMASEl.l.O ;.. .. ~I- ~~...,,- / , ! JAN ~ 7 2.000 fP IN THE COURT OF COlIKON PLEAS OF <:mm_T.~ COUNTY, PENNSYLVANU CIVIL ACTJ:ON - LAW ANGELA TOMASELLO, . . Plaintiff : v. . NO. ~ - 4/5: It'' cdJ . NJ:CX TOMASELLO, : Defendant . IN CUSTODY . ORDER OP COURT A!lD NOW, upon consideration of the attached Complaint. it is hereby directed ,tha the part' es and their respective counsel appear before % . . the Conciliator, at 1('14. ' ..uf Cbu, C'7? on the /<1 :;>'4 day of ~UM-i: ,2000, at /tf',.Jo L.m., for a Pre-Hearing Custody Con erence. 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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. BY THE COURT: /5/ ~.kt-Y K ~4 t:y CUstody Conciliator(#uJ/~L YOU SHOULD TAICE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CADOT AFFORD on, GO. TO OR TELBPHONE THE OFFICE SET FORTH BELOW TO FIND OU'!' WBBRE YOU CAN GET LEGAL aLP. ""':':. ~ ~ "" .-,..,......" C1JHBJl:BLMm COUNTY BAR ASSOCD.Trn~':;~~r:: i ;:,' i'" ""',1 ~ ,":rr' l'. ') 2 LJ:BERTY AV_u.15 n -"., , . ',0, .. Cl'1d ~-11" ,.,- ~ r" CARLISLE, PA 17013 . . 0- c-, c ,:..., "j " (717) 249-3166 This ..L.:. cey ,Cf~.., ~,. AMERICANS WITH DISABILITIES ACT of''i9'9~....r'x;/~'''9!:f.... The Court of Common Pleas '.of CUmberland county is requiredrmono,a'i 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 the office set forth above. 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. .', .>:r-, Et<h;i!f II II b ... ..,....._..,__..~.'"..,.-,.'~ :'.~:..::".,~.~_ ",,-,,.,:..,_,,' ,I , .,,~':-,-:. -;~:.~:;.......;~.;;..;rJ;.-:;-;:~"''''' ~ if (, FES 1 7 2000,pC , ANGELA TOMASELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NICK TOMASELLO, Defendant NO. 2000-454 CIVIL IN CUSTODY COURT ORDER AND NOW, this -2...i day of February, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Conciliation Conference scheduled in this case for February 18, 2000 is cancelled. 2. This Court's Order of January 27, 2000 shall remain in effect. 3. In the event the parties stop living in the same house or in the event the parties have designated a specific time when they know one of them will be moving out of the current joint home, the parties may again have this matter listed with the Custody Conciliator for a Conference. There is no reason to have a Custody Conciliation Conference while the parties are living together in the same house with the two minor children. BY THE COURT, /s/ ~N~ YI -Irina)J. cc: Maryann Murphy, Esquire Peter R. Henninger, Jr., Esquire . ~--'h\,"'n, ";->,,. F" ,-...........'0-\.- ::':";:,:'~L'i lit'-..... 1;,;;-," ; ,":-.~.J:.~: ':-''''->1". 1 .. .'.,,~Y ." .. L~' , .. ie' 'nt) .. ~~ rft'l li"Olil ','1 :' ,'r' ...,"'....'.- -u',",'.r";',' 1 ',er tJ j,' ~L...I . . r C., \' I ~ , ,... '_'" I . ' . '"...., li,le, Pa. 1\ \ \ \\~ E-fh"b', 'T - , , ,..--.1 --.L."" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW ANGELA TOMASELLO, Plaintiff/Petitioner . . v. No. 2000 - 454 Civil Term NICK TOMASELLO, Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2000 I served a true and correct copy of the foregoing Petition on counsel for the Defendant. Peter R. Henninger, Jr., Esquire, at the address set forth below, by placing a copy of same in the United States Mail, first class, postage prepaid. Peter R. Henninger, Jr., Esquire 4000 Vine Street Middletown, PA 17057 Respectfully submitted, Maryann urphy, Legal Services, 8 Irvine Row carlisle, PA 17013 (717) 540-8600 I.D. # 61900 H' 'Jiiiio~' ~llIl11isl11t_~il!~iiIIiI:Il:ili!1il~,*,"~!-':Ii;;\~l;1h~I;"'E~iJl;l;';$~lQj'---' ,"',,'t'-',' ,,",..". "-,' ...,. ,-~ .... ~ ~, '" - ~ ~-"'---i>" - hi! I (') c:, Q' ,-- C~; .1" ,- ~~ --I \"J !.-,':; = ~;::~- r',-~ f-"'" ----<: lnr-:' ><, ~}) ::-~~- , CO UJ 66 , ~. ,- ~_:H.'- -~ ~'r '- .";;J>. -- 7?a ? N (3 "--' ., ~ =2 <J1 ~ '.,n,; ANGELA M. TOMASELLO, Plaintiff/Respondent : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant/Petitioner : NO. 2000-454 CIVIL : IN CUSTODY ORDER OF COURT IT IS HEREBY ORDERED that a hearing shall be held in the matter of the within Petiiton on the day of ,2002 at o'clock, m., to be - - held in Courtroom number _ of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. IT IS FURTHER ORDERED that Respondent shall be served a copy of this Order and a copy of the Petition by personal service or by regular and certified mail prior to the date ofthe hearing. J. _I '~ ANGELA M. TOMASELLO, Plaintiff/Respondent v. : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant/Petitioner : NO. 2000-454 CIVIL : IN CUSTODY PETITION FOR ENFORCEMENT AND/OR CONTEMPT OF CUSTODY ORDER AND NOW, this day of December, 2002, comes Nick Tomasello, Defendant/Petitioner through his attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, and files this Petition for Enforcement and / or Contempt of Custody Order, as follows: 1. Petitioner/Father is Nick Tomasello who resides at 885 Pennsylvania Avenue, Lemoyne , PA. 2. Respondent/Mother is Angie M. Halderman, formerly known as Angela M. Tomasello who resides at 7073 Carlisle Pike Lot # 207, Carlisle PA. 3. The parties are the natural parents of two (2) minor children, Ryan and Nickolas Tomasello. ~. 4. The parties share legal custody of these two (2) minor children whereby both parties share primary physical custody of the both children, in accordance with the Court's Order which is attached hereto and incorporated herein by reference as Exhibit "A". 5. Pursuant to said Court's Order dated May 13, 2002, Petitioner/Father has arranged a vacation with his two minor children for a trip to West Palm Beach, Florida, and to Universal Studios and Kennedy Space Center. 6. Defendant's vacation with his two children would begin with the Defendant's regular custody time and would cover the week of December 15, 2002 through December 21,2002. 7. The Defendant delivered a notice more than sixty days in advance of the needed vacation dates to the Plaintiff/ Respondent/Mother advising her of the Defendant's proposed vacation time. A copy of said notice to the Plaintiff/Respondent is attached hereto and incorporated herein by reference as Exhibit "B". B. Pursuant to Paragraph 5 of the said Order dated May 13, 2002, Petitioner/Father is allowed vacation time with the minor children upon sixty days notice to the other parent. 2 ".......J.~~~.....,~,i I ! i ] , I i , i I !I II II i I ii Ii I! I' I I I, , I' I II I II I _I,.~ ~ ..- ~~_ 9. The Defendant has purchased' airline tickets and the Universal Studio tickets and has made hotel arrangements for this vacation with the minor children. 10. On November 8, 2002, the Plaintiff/ Respondent Mother telephoned the Defendant / Petitioner Father to inform him" I will do everything to keep you from going on this trip! ". 11 , On November 11, 2002, the Defendant sent the Plaintiff/ Respondent Mother via certified mail a letter dated November 11, 2002 advising her that the Defendant would be picking up the minor children on December 13, 2002 at 3:30 PM. The letter was returned to Defendant from the Post Office on December 2,2002. A copy of said letter is attached hereto and incorporated herein by reference as Exhibit "C". 12. The statement of the Plaintiff/ Respondent/Mother on November 8, 2002 demonstrates that she deliberately intends to prevent Defendant! Petitioner/Father's from his scheduled custody and vacation visitation with the parties' minor children in contravention of the Court's Order. 13. The Petitioner/Father has made arrangements with the children's school for this vacation with the minor children. 3 -...........~I 14. The Defendant/Petitioner /Father believes the Plaintiff/Respondent/Mother will deliberately interfere with his custody and visitation vacation plans with the minor children by reason of her statement. 15. Interference with Defendant/Petitioner/ Father's custody and vacation for his scheduled visitation with the minor children would constitute a violation of the Court's custody Order in this matter. 16. For the foregoing reasons, Respondent/Mother is in dired violation of the custody provisions of the Court's Order dated May 13, 2002 by reason of her stated intent to violate the Court's Order. 17. Respondent/Mother's adions are contrary to the best interests of the minor children in that Respondent/Mother is precluding the Court Ordered contad/visitation between the minor children and their father in accordance with the terms and provisions of the Court's May 13, 2002 Order. WHEREFORE, Petitioner/Father respectfully requests this Honorable Court to enter an Order as follows: 4 ~_iilII-;P A. Dired the Mother to allow the parties' minor children to go with the Defendant/Petitioner Father on December 13, 2002 immediately after school at Noon; and, B. Adjudicate the Respondent/Mother in Contempt of Court for threatening to violate the Court's Order; and, C. In the alternative, dired that the minor children be immediately placed with the Defendant / Petitioner/Father; D. Order the Respondent/Mother to pay the Petitioner/Father's reasonable attorneys' fees and costs; E. Order any other appropriate relief as the Court deems fit. RESPECTFULLY SUBMITTED, By: Ri hard C. Ru ,Esquire , Attorney I.D. N. 34832 Rupp and Meikle, P.C. 355 N. 21't St., Suite 205 Camp Hill, PA 17011 717-761-3459 Attorneys for Petitioner/Father Nick Tomasello 5 ,~, ~~ 1- -"''''', VERIFICATION I verify the statements made in this document are true and corred. I understand that false statements herein are made subjed to the penalties of 18 Po C.S. 4909 relating to unsworn falsification to authorities. Date: /)-, <)-oJ-. ~2~ iN K TOMASELLO / ./fl ANGELA M. TOMASELLO. Plaintiff v fN THE COURT OF COMMON RLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NICK T. TOMASELLO, Detendant ' NO. 00 - 0454 CIVIL fN CUSTODY COURT ORDER AND NOW. this ~hdaY of Sep;ernber. 2001. upon consideration of the attached Custody Conciliation Report. it is ordered and directed as tollows: I. This Court's prior orders of August 28. 2000 and November 20. :WOO are ratified subject to the following modifications: A. For Thanksgiving 2001. Mother shall have custody on Thanksgiving Day through I :00 p.m. Father shall have custody trom I :00 p.m. on Thanksgiving Day until 9:30 p.m. The regular custody schedule then shall resumc. B. For thc Easter holiday. if Mother is working. Mother shall have custody "~t" the children trom 8:30 a.m. untill :00 p.m. If Mother is not working. MOIhcr shall have custody ofthc children from 2:00 p.m. through Monday morning at 9:00 a.m. C. For Memorial Day. if Mother is working, Mother shall have custody the morning of Memorial Day from 8:30 a.m. until 1:00 p.m. and Father shall have custody for the remainder of the day. If Mother is not working. Father shall have custody of the minor children in the morning and deliver custody of the childrcn to the Mother at 2:00 p.m. D. Tile July 4'h and Labor Day holiday schedule shall be handled identical to tile Memorial Day schedule. E. Both panies shall be entitled to two separate weeks of vacation with the minor childrcn which shall be non-consecutive. The parties shall notify each other at least sixty (60) days prior to when they intend to e.xercise this vacation. notification to be in writing. F. On the Monday night Father has custody, Mother shall pick up the children aticr her work rather than Father dropping the children offat Mother's home. U<-~~br\ ~ A (I G. On those Mondays when ,Father has physical custody of the chiiclren and where the children' may be off school, Mother may have ,custody of the children pursuant to Paragraph 2A of the November 20, 2000 Order, but Mother shall return the children to the Father prior to her going to work on Monday, but no later than I :00 p.m. H. The parties shall endeavor to try to communicate with each other in a civil manner in an effort to resolve all custodv issues so as to minimize anv . . disruption for the children's schedule. !. The parties shall also alternate custody for purposes of taking the children Halloweening and on Mechanicsburg Jubilee Day. J. Pursuant to an agreement by the parties stated at the custody conciliation conlerence. the custo<!y order presumes a 50-50 physical custody amlilgement wh:ch the parties agree to in fact and in spirit. and which custodial arrangement shall be binding upon the parties upon the setting of any support obligation subject. however. to any future moditication of the custody order by order of court. 2. In all other respects. the prior Orders of Court shall remain in effect. 3. [n the event either party dcsircs to modily this Order. that party may file a petition with the court to have the case again scheduled with the custody conciliator. BY THE COURT. /S/~ d -Lo.) Itevi A. Hess J. cc: Richard C. Rupp. Esquire Angela M. Thomasdlo L~~bY'$ Trailer Cuurt 7073 Carlisle Pike. Lot 207 Mechanicsburg. PA 17055 -1-- Nick T. Tomasello 885 Pennsylvania Avenue Lemoyne,Pa.17043 Saturday, October 12, 2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, This letter is to inform you that I intend to take a vacation with Ryan and Nickolas Tomasello the week of December 15th through December 21st. I have already informed the Silver Spring Elementary School, and I will be filing the proper paperwork for homework and other school needs. Thank you, Nick T. Tomasello [~+-i d~IT 6(( (( , '" " ,r- "~_I Nick T. Tomasello 885 Pennsylvania Avenue Lemoyne,Pa.17043 Monday, November 11,2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, On November 8, 2002, during our telephone conversation you threatened "I will do everything I can to keep you from going on this trip!" According to the latest Custody Agreement, I have met every requirement needed to take vacation with the boys. This letter is a second written notice of my intent to take vacation with the children, Ryan and Nicklolas Tomasello, the week of December 15th through December 21st. I will pick up the children at 3:30 pm Friday December 13th at your residence listed above. This is the latest I can pick up the children in order to make our flight. Your cooperation is expected. Attached is a copy of the first letter I gave to you on October 12, 2002. Thank you, Nick T. Tomasello C.c. Richard Rupp Attorney Hubert X. Gilroy, Esquire, Custody Conciliator c} j, ,19 }I-G ._-J ~ _ Nick T. Tomasello 885 Pennsylvania Avenue Lemoyne,Pa.17043 Saturday, October 12, 2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, This letter is to inform you that I intend to take a vacation with Ryan and Nickolas Tomasello the week of December 15111 through December 21 st. I have already informed the Silver Spring Elementary School, and I will be filing the proper paperwork for homework and other school needs. Thank you, Nick T. Tomasello C-'L ~-~ " ,"", . CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that the foregoing document was served on the person named below by hand delivery and by placing the same in the United States Mail, Certified, First Class, Postage Prepaid on the date stated below. Ms. Angela M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, PA 17013 Ric ard C. Rupp Esquire Attorney I.D.# 34832 355 North 21st Street, Suite 205 . Camp Hill, Pennsylvania 17011 (717) 761-3459 Attorney for Defendant/Petitioner Dated: ~ (') ( pL c 1 ,'L:--- -' ANGELA M. TOMASELLO, Plaintiff/Respondent : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant/Petitioner : NO. 2000-454 CIVIL : IN CUSTODY ORDER OF COURT IT IS HEREBY ORDERED that a hearing shall be held in the matter of the within Petiiton on the day of ,2002 at o'clock, m., to be - - held in Courtroom number _ of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. IT IS FURTHER ORDERED that Respondent shall be served a copy of this Order and a copy of the Petition by personal service or by regular and certified mail prior to the date of the hearing. J. , -~ . . ANGELA M. TOMASELLO, Plaintiff/Respondent : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. NICK T. TOMASELLO, Defendant/Petitioner : NO. 2000-454 CIVIL : IN CUSTODY o c::> PETITION FOR ENFORCEMENT AND/OR CONTEMPT OF CUSTODY GRDGR: -0 Cf7 p, Q]LI~ ,:-) zf~-:. I ~~~ ~l'l -- ;: Pc; 20 p,.:;;_. Z ;;.. AND NOW, this day of December, 2002, comes Nick TomaS1i!lIo^D Defendant/Petitioner through his attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, and files this Petition for Enforcement and / or Contempt of Custody Order, as follows: 1. Petitioner/Father is Nick Tomasello who resides at 885 Pennsylvania Avenue, Lemoyne , PA. 2. Respondent/Mother is Angie M. Halderman, formerly known as Angela M. Tomasello who resides at 7073 Carlisle Pike Lot # 207, Carlisle PA . 3. The parties are the natural parents of two (2) minor children, Ryan and Nickolas Tomasello. - _'_I.,.o_L.,.> o 'Tl ::::-3 i--~1 ,;J =-gG :::j.f.l...j :~:j ~f", :~~ . '1 ':.,.l(5 O(fl .-l )...... :J:l -< - ~ , _~' I' >--"-~~-'i 4. The parties share legal custody of these two (2) minor children whereby both parties share primary physical custody of the both children, in accordance with the Court's Order which is attached hereto and incorporated herein by reference as Exhibit "A". 5. Pursuant to said Court's Order dated May 13, 2002, Petitioner/Father has arranged a vacation with his two minor children for a trip to West Palm Beach, Florida, and to Universal Studios and Kennedy Space Center. 6. Defendant's vacation with his two children would begin with the Defendant's regular custody time and would cover the week of December 15, 2002 through December 21,2002. 7. The Defendant delivered a notice more than sixty days in advance of the needed vacation dates to the Plaintiff/ Respondent/Mother advising her of the Defendant's proposed vacation time. A copy of said notice to the Plaintiff/Respondent is attached hereto and incorporated herein by reference as Exhibit "B". 8. Pursuant to Paragraph 5 of the said Order dated May 13, 2002, Petitioner/Father is allowed vacation time with the minor children upon sixty days notice to the other parent. 2 =. . ~ e' - 9. The Defendant has purchased airline tickets and the Universal Studio tickets and has made hotel arrangements for this vacation with the minor children. 10. On November 8, 2002, the Plaintiff/ Respondent Mother telephoned the Defendant / Petitioner Father to inform him" I will do everything to keep you from going on this trip! ". 11 . On November 11, 2002, the Defendant sent the Plaintiff/ Respondent Mother via certified mail a letter dated November 11, 2002 advising her that the Defendant would be picking up the minor children on December 13, 2002 at 3:30 PM. The letter was returned to Defendant from the Post Office on December 2, 2002. A copy of said letter is attached hereto and incorporated herein by reference as Exhibit "e". 12. The statement of the Plaintiff/ Respondent/Mother on November 8, 2002 demonstrates that she deliberately intends to prevent Defendant/ Petitioner/Father's from his scheduled custody and vacation visitation wi~h the parties' minor children in contravention of the Court's Order. 13. The Petitioner/Father has made arrangements with the children's school for this vacation with the minor children. 3 .~- ."" ',I '--, "",., ~-', "'--, -~-"",-,I . ~ "'~ 14. The Defendant/Petitioner /Father believes the Plaintiff/Respondent/Mother will deliberately interfere with his custody and visitation vacation plans with the minor children by reason of her statement. 15. Interference with Defendant/Petitioner/ Father's custody and vacation for his scheduled visitation with the minor children would constitute a violation of the Court's custody Order in this matter. 16. For the foregoing reasons, Respondent/Mother is in dired violation of the custody provisions of the Court's Order dated May 13, 2002 by reason of her stated intent to violate the Court's Order. 17. Respondent/Mother's adions are contrary to the best interests of the minor children in that Respondent/Mother is precluding the Court Ordered contact/visitation between the minor children and their father in accordance with the terms and provisions of the Court's May 13, 2002 Order. WHEREFORE, Petitioner/Father respectfully requests this Honorable Court to enter an Order as follows: 4 ... ~ L_"'~~"W' A. Dired the Mother to allow the parties' minor children to go with the Defendant/Petitioner Father on December 13, 2002 immediately after school at Noon; and, B. Adjudicate the Respondent/Mother in Contempt of Court for threatening to violate the Court's Order; and, C. In the alternative, direct that the minor children be immediately placed with the Defendant / Petitioner/Father; D. Order the Respondent/Mother to pay the Petitioner/Father's reasonable attorneys' fees and costs; E. Order any other appropriate relief as the Court deems fit. RESPECTFULLY SUBMITTED, RUPP A Ri hard C. Ru ,Esquire Attorney I.D. N .34832 Rupp and Meikle, P.C. 355 N. 21'1 St., Suite 205 Camp Hill, PA 17011 717-761-3459 Attorneys for Petitioner/Father Nick Tomasello By: 5 , ,-""-,~-.I VERIFICATION I verify the statements made in this document are true and corred. I understand that false statements herein are made subjed to the penalties of 18 Pa C.S. 4909 relating to unsworn falsification to authorities. Date: IJ-~ -5-0)- ~2~ IN K TOMASELLO /' ./ /' .f/l ANGELA M. TOMASELLO. Plaintiff IN THE COURT OF COMMON RLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LA W NICK T. TOMASELLO, Defendant NO. 00 - 0454 CIVIL eN CUSTODY COURT ORDER AND NOW. this ;othday of Sep;ember. 2001, upon consideration of the attached Custody Conciliation Report. it is ordered and directed as follows: !. TIlis Court's prior orders of August 28, 2000 and November 20. 2000 are ratitied subject to the following modifications: A. For Thanksgiving :2001. Mother shall have custody on Thanksgiving Day through ! :00 p.m. Father shall have custody tram I :00 p.m. on TImnksgiving Day until 9:30 p.m. The regular custody schedule then shall resume. B. For the Easter holiday. if Mother is working. Mother shall have custody ,If the children trom 8:30 a.m. until I :00 p.m. If Mother is not working. MOlher shall have custody of the children trorn 2:00 p.m. through Monday morning at 9:00 a.m. C. For Memorial Day. if Mother is working, Mother shall have custody the morning of Memorial Day from 8:30 am. until 1 :00 p.m. and Father shall have custody for the remainder of the day. If Mother is 110t working. Father shall have eustody of the minor children in the morning and deliver custody of the childrcn to the Mother at 2:00 p.m. D. Tile July 4111 and Labor Day hctiday schedule shall be handled identical to the Memorial Day schedule. E. Both parties shall be entitled to two separate weeks of vacation with the minor children which shall be non-consecutive. The parties shall notify each other at least sixty (60) days prior to when they intend to exercise this vacation. notification to be in writing. F. On the Monday night Father has custody, Mother shall pick up the ehildren aftcr her work rather than Father dropping the children off at Mother's hom~. C .f '" n t! ~~Vbcr- C G. On those Monilays ~hen Father has physical custody of the children and where the children may be off school, Mother may have .custody of the children pursuant to Paragraph 2A of the November 20, 2000 Order, but Mother shall return the children to the Father prior to her going to work on Monday, but no later than I :00 p.m. H. The parties shall endeavor to try to communicate with each other in a civil manner in an effort to resolve all custodv issues so as to minimize any . . disruption for the children' s schedule. I. The parties shall also alternate custody for pmposes of taking the children Halloweening and on Mechanicsburg Jubilee Day. J. Pursuant to an agreement by the parties stated at the custody conciliation con terence, the custody order presumes a 50-50 physical custody arrangement which the parties agree to in fact and in spirit, and which custodial arrangement shall be binding upon the parties upon the setting of any support obligation subject. however. to any future modification of the custody order by order of court. 2. In all other respects. the prior Orders of Court shall remain in effect. 3. In the event either party desires to modify this Order; that party may file a petition with the court to have the case again scheduled with the custody conciliator. BY THE COURT. /~ d. .iL..1 evi A. Hess J. cc: Richard C. Rupp. Esquire Angela ,'vI. Thomasdlo L~!by' s Trailer Ccurt 7073 Carlisle Pike. Lot 207 Mechanicsburg. P A 17055 ~ I Hle Nick T. Tomasello 885 Pennsylvania Avenue Lemoyne,Pa.17043 Saturday, October 12, 2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, This letter is to inform you that I intend to take a vacation with Ryan and Nickolas Tomasello the week of December 15th through December 21 st. I have already informed the Silver Spring Elementary School, and I will be filing the proper paperwork for homework and other school needs. Thank you, Nick T. Tomasello t! ~ d~IT ( I ((6 ~. -,. ..._I~_~_,i ~. Nick T. Tomasello 885 Pennsylvania Avenue Lemoyne, Pa. 17043 Monday, November 11,2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, On November 8, 2002, during our telephone conversation you threatened "I will do everything I can to keep you from going on this trip!" According to the latest Custody Agreement, I have met every requirement needed to take vacation with the boys. This letter is a second written notice of my intent to take vacation with the children, Ryan and Nicklolas Tomasello, the week of December 15th through December 21st. I will pick up the children at 3:30 pm Friday December 13th at your residence listed above. This is the latest I can pick up the children in order to make our flight. Your cooperation is expected, Attached is a copy of the first letter I gave to you on October 12, 2002. Thank you, Nick T. Tomasello C.c. Richard Rupp Attorney Hubert X. Gilroy, Esquire, Custody Conciliator ('.x A .10 Ji- G Nick T. Tomasello 885 Pennsylvania Avenue Lemoyne,Pa.17043 Saturday, October 12, 2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, This letter is to inform you that 1 intend to take a vacation with Ryan and Nickolas Tomasello the week of December 151h through December 21 st. I have already informed the Silver Spring Elementary School, and I will be filing the proper paperwork for homework and other school needs. Thank you, Nick T. Tomasello C/L ~ ~, '"n CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that the foregoing document was served on the person named below by hand delivery and by placing the same in the United States Mail, Certified, First Class, Postage Prepaid on the date stated befow. Ms. Angela M. Halderman 7073 Carlisle Pike Lot #207 ' Carlisle, PA 17013 Ric ard C. Rupp Esquire Attorney I.D.# 34832 355 North 21st Street, Suite 205. Camp Hill, Pennsylvania 17011 (717) 761-3459 Attorney for Defendant/Petitioner Dated: ~ (-~ ( P L - , . '.\1-00 , ,,~ ~~jV t/::.' u . };/01 \"'J.. e?' ~-9~ (p~\ -""""""""'- .~,. - 1 ~=^=~ ....., ANGELA M. TOMASELLO, Plaintiff/Respondent v. : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant/Petitioner : NO. 2000-454 CIVIL : IN CUSTODY ORDER OF COURT IT IS HEREBY ORDERED that a hearing shall be held in the matter of the within Petiiton on the day of ,2002 at_ o'clock, _ m., to be held in Courtroom number _ of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. IT IS FURTHER ORDERED that Respondent shall be served a copy of this Order and a copy of the Petition by personal service or by regular and certified mail prior to the date of the hearing. J. .- .. ~I_._~ ""'~-:i ANGELA M. TOMASELLO, Plaintiff/Respondent v. : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NICKT. TOMASELLO, Defendant/Petitioner : NO. 2000-454 CIVIL : IN CUSTODY PETITION FOR ENFORCEMENT AND/OR CONTEMPT OF CUSTODY ORDER AND NOW, this day of December, 2002, comes Nick Tomasello, Defendant/Petitioner through his attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, and files this Petition for Enforcement and / or Contempt of Custody Order, as follows: 1. Petitioner/Father is Nick Tomasello who resides at 885 Pennsylvania Avenue, Lemoyne , PA. 2. Respondent/Mother is Angie M. Halderman, formerly known as Angela M. Tomasello who resides at 7073 Carlisle Pike Lot # 207, Carlisle PA . 3. The parties are the natural parents of two (2) minor children, Ryan and Nickolas Tomasello. lIIil.......J",-" -'-"'-il- 4. The parties share legal custody of these two (2) minor children whereby both parties share primary physical custody of the both children, in accordance with the Court's Order which is attached hereto and incorporated herein by reference as Exhibit "A". 5. Pursuant to said Court's Order dated May 13, 2002, Petitioner/Father has arranged a vacation with his two minor children for a trip to West Palm Beach, Florida, and to Universal Studios and Kennedy Space Center. 6. Defendant's vacation with his two children would begin with the Defendant's regular custody time and would cover the week of December 15, 2002 through December 21,2002. 7. The Defendant delivered a notice more than sixty days in advance of the needed vacation dates to the Plaintiff/ Respondent/Mother advising her of the Defendant's proposed vacation time. A copy of said notice to the Plaintiff/Respondent is attached hereto and incorporated herein by reference as Exhibit "B". 8. Pursuant to Paragraph 5 of the said Order dated May 13, 2002, Petitioner/Father is allowed vacation time with the minor children upon sixty days notice to the other parent. 2 -', - ,~ ~~I ~ 9. The Defendant has purchased airline tickets and the Universal Studio tickets and has made hotel arrangements for this vacation with the minor children. 10. On November 8, 2002, the Plaintiff/ Respondent Mother telephoned the Defendant / Petitioner Father to inform him" I will do everything to keep you from going on this trip! ". 11 . On November 11, 2002, the Defendant sent the Plaintiff/ Respondent Mother via certified mail a letter dated November 11, 2002 advising her that the Defendant would be picking up the minor children on December 13, 2002 at 3:30 PM. The letter was returned to Defendant from the Post Office on December 2,2002. A copy of said letter is attached hereto and incorporated herein by reference as Exhibit "C". 12. The statement of the Plaintiff/ Respondent/Mother on November 8, 2002 demonstrates that she deliberately intends to prevent Defendant/ Petitioner/Father's from his scheduled custody and vacation visitation with the parties' minor children in contravention of the Court's Order. 13. The Petitioner/Father has made arrangements with the children's school for this vacation with the minor children. 3 ....~ _~"'!K 14. The Defendant/Petitioner /Father believes the Plaintiff/Respondent/Mother will deliberately interfere with his custody and visitation vacation plans with the minor children by reason of her statement. 15. Interference with Defendant/Petitioner/ Father's custody and vacation for his scheduled visitation with the minor children would constitute a violation of the Court's custody Order in this matter. 16. For the foregoing reasons, Respondent/Mother is in dired violation of the custody provisions of the Court's Order dated May 13, 2002 by reason of her stated intent to violate the Court's Order. 17. Respondent/Mother's actions are contrary to the best interests ofthe minor children in that Respondent/Mother is precluding the Court Ordered contact/visitation between the minor children and their father in accordance with the terms and provisions of the Court's May 13, 2002 Order. WHEREFORE, Petitioner/Father respectfully requests this Honorable Court to enter an Order as follows: 4 ...~ ~I~ ~--- ~iIlB A. Oired the Mother to allow the parties' minor children to go with the Defendant/Petitioner Father on December 13, 2002 immediately after school at Noonj and, B. Adjudicate the Respondent/Mother in Contempt of Court for threatening to violate the Court's Orderj and, C. In the alternative, dired that the minor children be immediately placed with the Defendant / Petitioner/Father i D. Order the Respondent/Mother to pay the Petitioner/Father's reasonable attorneys' fees and costSj E. Order any other appropriate relief as the Court deems fit. RESPECTFULLY SUBMITIEO, By: Ri hard C. Ru " Esquire Attorney 1.0. N .34832 Rupp and Meikle, P.C. 355 N. 21" St., Suite 205 Camp Hill, PA 17011 717-761-3459 Attorneys for Petitioner/Father Nick Tomasello 5 .~~,!.,""'" i 1 VERIFICATION I verify the statements made in this document are true and corred. I understand that false statements herein are made subjed to the penalties of 18 Pa C.S. 4909 relating to unsworn falsification to authorities. ! ) ~ 2_0,}- Date: C 7 ~2r IN K TOMASELLO / jIJ ANGELA M. TOMASELLO. Plaintiff I' IN THE COURT OF COMMON P.LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant ' NO. 00 - 0454 CIVIL IN CUSTODY COURT ORDER AND NOW. this _ALltbday of Sep;ember. 2001, upon consideration of the attached Custody Conciliation Report. it is ordered and directed as tollows: 1. This Court's prior orders of August 28, 2000 and November 20. 2000 are ratified subject to the following modifications: A. For Thanksgiving 2001. Mother shall have custody on Thanksgiving Day through I :00 p.m. Father shall have custody from I :00 p.m. 011 Thanksgiving Day until 9:30 p.m. The regular custody schedule then shall resume. B. For the Easter holiday. if Mother is working. Mother shall have custody of the children from 8:30 a.m. until I :00 p.m. If Mother is not working. Mother shall have custody of the children from 2:00 p.m. through Monday morning at 9:00 a.m. C. For Memorial Day. if Mother is working, Mother shall have custody the morning of Memorial Day from 8:30 a.m. until I :00 p.m. and Father shall have custody for the remainder of the day. If Mother is not working. Father shall have custody of the minor children in the morning and deliver custody of the children to the Mother at 2:00 p.m. D. Tile July 41h and Labor Day holiday schedule shall be handled identical to the Memorial Day schedule. E. Both parties shall be entitled to two separate weeks of vacation with the minor children which shall be non-consecutive. The panies shall notifY each other at least sixty (60) days prior to when they intend to exercise this vacation. notification to be in writing. F. On the Monday night Father has custody, Mother shall pick up the children after her work rather than Father dropping the children offat Mother's home. C .f \..t (j (( lJ"'-~\b\\ ,\ G. On those Mondays. when Father has physical custody of the children and where the children may be off school, Mother may have ,custody of the children pursuant to Paragraph 2A of the November 20, 2000 Order, but Mother shall return the children to the Father prior to her going to work on Monday, but no later thanl :00 p.m. H. The parties shall endeavor to try to communicate with each other in a civil manner in an effort to resolve all custody issues so as to minimize any disruption for the children' s schedule. I. The parties shall also alternate custody for purposes of taking the children Halloweening and on Mechanicsburg Jubilee Day. 1. Pursuant to an agreement by the parties stated at the custody conciliation conference. the custody order presumes a 50-50 physical custody arrangement which the panies agree to in fact, and in spirit, and which custodial arrangement shall be binding upon the parties upon the setting of any support obligation subject. however. to any tuture modification of the custody order by order of court. 2. In all other respects. the prior Orders of Coun shall remain in effect. 3. In the event either party desires to modifY this Order, that party may file a petition with the court to have the case again scheduled with the custody conciliator. BY THE COURT. ./1 -iL.l J. cc: Richard C. Rupp. Esquire Angela M. Thomasello Leiby's Trailer Ccurt 7073 Carlisle Pike. Lot 207 Mechanicsburg. PA 17055 - ,~ <~~', Nick T. Tomasello 885 Pennsylvania Avenue Lemoyne, Pa. 17043 Saturday, October 12,2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, This letter is to inform you that I intend to take a vacation with Ryan and Nickolas Tomasello the week of December 15th through December 21st. I have already informed the Silver Spring Elementary School, and I will be filing the proper paperwork for homework and other school needs. Thank you, Nick T. Tomasello tX~ I biT S(( l( ;.~, "L. I ..: ";lI.~i, Nick T. Tomasello 885 Pennsylvania Avenue Lemoyne,Pa.17043 Monday, November 11,2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, On November 8, 2002, during our telephone conversation you threatened "I will do everything I can to keep you from going on this trip!" According to the latest Custody Agreement, t have met every requirement needed to take vacation with the boys. This letter is a second written notice of my intent to take vacation with the children, Ryan and Nicklolas Tomasello, the week of December 15th through December 21 st, I will pick up the children at 3:30 pm Friday December 13th at your residence listed above. This is the latest I can pick up the children in order to make our flight. Your cooperation is expected. Attached is a copy of the first letter I gave to you on October 12,2002. Thank you, Nick T. Tomasello C.c. Richard Rupp Attorney Hubert X. Gilroy, Esquire, Custody Conciliator C'.x k Ihj~ C 1.. ~I Nick T. Tomasello 885 Pennsylvania Avenue LeDloyne,Pa.17043 Saturday, October 12, 2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, This letter is to inform you that I intend to take a vacation with Ryan and Nickolas Tomasello the week of December 15th through December 21't. I have already informed the Silver Spring Elementary School, and I will be filing the proper paperwork for hODlework and other school needs. Thank you, Nick T. Tomasello C/L ,~~ .... , ~, ~ ~- -"'-"~"ti'5;U<<"'_ . CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that the foregoing document was served on the person named below by hand delivery and by placing the same in the United States Mail, Certified, First Class, Postage Prepaid on the date stated bel"ow. Ms. Angela M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, PA 17013 Dated: t'J, (-~ ( /) L Ric ard C. Rupp Esquire Attorney 1.0.# 34832 355 North 21st Street, Suite 205 ' Camp Hill, Pennsylvania 17011 (717) 761-3459 Attorney for Defendant/Petitioner iif~. '" , . li__lilltElliiilfi '~.-' , l!illi.~_";'jb.',-~fIli;W ilIl~l . , <~ ^ 'F '- ~ ~ ~ (:.3 ~ w '-.l') W <0 .___~. <, ,~ ,_, ,N, _, _VV" ~~~--'" -. ~ < C> o ~ A ~ --~~ ~ 1- ~. ("-. ~. () C '2'" "D'" I~~; ~(~' ~,-... .J>;~ '- 7 ~ , !:"" \D ~ I: ,I ! ! o r" .c:> .''1 n , c,J'i o 'Tl :fi ~':1 i11 -'"l'l1 ~~~ ',"3"l ~O C5iT1 --i 5'J -< ;e.. :x ._, _ ,. ..,L ,L~ -~ ANGELA M. TOMASELLO, Plaintiff/Respondent v. : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant/Petitioner : NO. 2000-454 CIVIL : IN CUSTODY ORDER OF COURT IT IS HEREBY ORDERED that a hearing shall be held in the matter of the within Petiiton on the 1I-tIi day of fjfi(l/Yl14g~ ,2002 at / ;/5 o'clock, ~ m., to be held in Courtroom number .:t- of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. IT IS FURTHER ORDERED that Respondent shall be served a copy of this Order and a copy of the Petition by personal service or by regular and certified mail prior to the date of the hearing. J;).-l,- 0 ~ . i c.oP\e..s ~o..1\a deh\le R~J 1:0 deti-. pe. R ~ Ru.~p 'l't\o.:\\ed -to pfF' -A4 J. tljjllYllIti ~i~~ ..,~ilI'-ljJ~~:'Ib'I&.lUll,..""><I'lJ~iliI',ijillllJ!<il -'Il_ildJir~"""'~- lWi:I'Wr.l- lt .=, "...... , , V1N\fA1ASNN3d AlNnuO C'i\!\:i1t!::J8VmO 81 :Z i,H 0,_ TJfI 70 c-! ,. .......Ju "'" ""1'("" " , ^"\ ' 'I,,, ,'~ i I,' '-J ~.v \..../1 '~_"">'" 30L~+)"G:ni~ dO .-. .. ,. _Willi"" ,~ ,," ," "' ANGELA M. TOMASELLO, Plaintiff/Respondent : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. NICK T. TOMASELLO, Defendant/Petitioner : NO. 2000-454 CIVIL : IN CUSTODY PETITION FOR ENFORCEMENT AND/OR CONTEMPT OF CUSTODY ORD~ ':;"., ':-, ,;c,.':::-; ,>., ["11(;1 ~, ~;;~.l \ .~ eli ~~) 'iPl ~ AND NOW, this day of December, 2002, comes Nick TomCfs~lo, ;; ~ "0 Defendant/Petitioner through his attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, and files this Petition for Enforcement and / or Contempt of Custody Order, as follows: 1. Petitioner/Father is Nick Tomasello who resides at 885 Pennsylvania Avenue, Lemoyne , PA. 2. Respondent/Mother is Angie M. Halderman, formerly known as Angela M. Tomasello who resides at 7073 Carlisle Pike Lot # 207, Carlisle PA . 3. The parties are the natural parents of two (2) minor children, Ryan and Nickolas Tomasello. "~, ,- C) ~-;'l :j~.LJ --',-'. ~~:~ C)r') :;:'. rn o _I ~ . - -, , - ~- 4. The parties share legal custody of these two (2) minor children whereby both parties share primary physical custody of the both children, in accordance with the Court's Order which is attached hereto and incorporated herein by reference as Exhibit "A". 5. Pursuant to said Court's Order dated May 13, 2002, Petitioner/Father has arranged a vacation with his two minor children for a trip to West Palm Beach, Florida, and to Universal Studios and Kennedy Space Center. 6. Defendant's vacation with his two children would begin with the Defendant's regular custody time and would cover the week of December 15, 2002 through December 21,2002. 7. The Defendant delivered a notice more than sixty days in advance of the needed vacation dates to the Plaintiff/ Respondent/Mother advising her of the Defendant's proposed vacation time. A copy of said notice to the Plaintiff/Respondent is attached hereto and incorporated herein by reference as Exhibit "B". 8. Pursuant to Paragraph 5 of the said Order dated May 13, 2002, Petitioner/Father is allowed vacation time with the minor children upon sixty days notice to the other parent. 2 ~ ~ ,,, 9. The Defendant has purchased airline tickets and the Universal Studio tickets and has made hotel arrangements for this vacation with the minor children. 1 O. On November 8, 2002, the Plaintiff/ Respondent Mother telephoned the Defendant / Petitioner Father to inform him" I will do everything to keep you from going on this trip! ". 11. On November 11, 2002, the Defendant sent the Plaintiff/ Respondent Mother via certified mail a letter dated November 11, 2002 advising her that the Defendant would be picking up the minor children on December 13, 2002 at 3:30 PM. The letter was returned to Defendant from the Post Office on December 2, 2002. A copy of said letter is attached hereto and incorporated herein by reference as Exhibit "C". 12. The statement of the Plaintiff/ Respondent/Mother on November 8, 2002 demonstrates that she deliberately intends to prevent Defendant! Petitioner/Father's from his scheduled custody and vacation visitation with the parties' minor children in contravention of the Court's Order. 13. The Petitioner/Father has made arrangements with the children's school for this vacation with the minor children. 3 ,~ t..._~. 14. The Defendant/Petitioner /Father believes the Plaintiff/Respondent/Mother will deliberately interfere with his custody and visitation vacation plans with the minor children by reason of her statement. 15. Interference with Defendant/Petitioner/ Father's custody and vacation for his scheduled visitation with the minor children would constitute a violation of the Court's custody Order in this matter. 16. For the foregoing reasons, Respondent/Mother is in dired violation of the custody provisions of the Court's Order dated May 13, 2002 by reason of her stated intent to violate the Court's Order. 17. Respondent/Mother's adions are contrary to the best interests of the minor children in that Respondent/Mother is precluding the Court Ordered contad/visitation between the minor children and their father in accordance with the terms and provisions of the Court's May 13, 2002 Order. WHEREFORE, Petitioner/Father respectfully requests this Honorable Court to enter an Order as follows: 4 . 1_--- ...... ~ l. .~, '~'"1~~'t A. Dired the Mother to allow the parties' minor children to go with the Defendant/Petitioner Father on December 13, 2002 immediately after school at Noon; and, B. Adjudicate the Respondent/Mother in Contempt of Court for threatening to violate the Court's Order; and, C. In the alternative, dired that the minor children be immediately placed with the Defendant / Petitioner/Father; D. Order the Respondent/Mother to pay the Petitioner/Father's reasonable attorneys' fees and costs; E. Order any other appropriate relief as the Court deems fit. RESPECTFULLY SUBMITTED, By: Ri hard C. Ru ,Esquire I Attorney I.D. N .34832 Rupp and Meikle, P.C. 355 N. 21"' St., Suite 205 Camp Hill, PA 17011 717-761-3459 Attorneys for Petitioner/Father Nick Tomasello 5 ~. ..;...~ .1 iow~f"l'\l VERIFICATION I verify the statements made in this document are true and corred. I understand that false statements herein are made subjed to the penalties of 18 Pa C.S. 4909 relating to unsworn falsification to authorities. 1),7_0}- Date: C. -; ~2~ iN K TOMASELLO /' .jfJ ANGELA M. TOMASELLO. Plaintiff v IN THE COURT OF COMMON P.LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant ' NO. 00 - 0454 CIVIL IN CUSTODY COURT ORDER AND NOW. this --2fJ!hday of Sep;ember. 2001, upon consideration of the attached Custody Conciliation Report. it is ordered and directed as tallows: . l. This Court's prior orders of August 28, 2000 and November 20. 2000 are ratified subject to the following modifications: A. For Thanksgiving :WOI. Mother shall have custody on Thanksgiving Day through 1 :00 p.m. Father shall have custody trom I :00 p.m. on Thanksgiving Day until 9:30 p.m. The regular custody schedule then shall resume. B. For the Easter holiday. if Mother is working. Mother shall have custody <,t" the children from 8:30 a.m. until I :00 p.m. If Mother is not working. Mother shall have custody of the children from 2;00 p.m. through Monday morning at 9:00 a.m. C. For Memorial Day. if Mother is working, Mother shall have custody the morning of Memorial Day from 8;30 a.m. until I :00 p.m. and Father shall have custody tor the remainder of the day. [fMother is not working. Father shall have custody of the minor children in the morning and deliver custody of the children to the Mother at 2:00 p.m. D. Tile July 4th and Labor Day holiday schedule shall be handled identical to lhe Mernorial Day schedule. E. Both parties shall be entitled to two separate weeks of vacation with the minor children which shall be non-consecutive. The parties shall notifY each other at least sixty (60) days prior to when they intend to exercise this vacation. notification to be in writing. F. On the Monday night Father has custody, Mother shall pick up the children after her work rather than father dropping the children offat Mother's home. C "'A'// ( I- ~\D\.-r- _ G. On those Mondays when Father has physical custody of the children and where the children may be off school, Mother may have ,custody of the children pursuant to Paragraph 2A of the November 20, 2000 Order, but Mother shall return the children to the Father prior to her going to work on Monday, but no later than I :00 p.m. H. The parties shall endeavor to try to communicate with each other in a civil manner in an effort to resolve ail custody issues so as to minimize any disruption for the children' s schedule. \. The parties shall a/so altemate custody for purposes of taking the children Halloweening and on Mechanicsburg Jubilee Day. J. Pursuant to an agreernent by the parties stated at the custody conciliation conference. the custody order presumes a 50-50 physical custody arrangement wh1ch the parties agree to in fact and in spirit, and which custodial arrangement shall be binding upon the panies upon the setting of any suppon obligation subject. however. to any future modification of the custody order by order of court. 2. In all other respects. the prior Orders of Court shall remain in effect. 3. In the event either pany desires to modify this Order. that party may file a petition with the court to have the case again scheduled with the custody conciliator. BY THE COURT. ~ Ii -L~J J. cc: Richard C. Rupp. Esquire Angela M. Thomasdlo Leiby's Trailer Ccurt 7073 Carlisle Pike. Lot 207 Mechanicsburg. P A 17055 TRUE COpy FROM RFrrRD In Testimony whereof, I here u"t- "t rpy hand and e seal of sa Court at Cariifle, Pi!. lL~I# , ~~~ ,j,~ ~,~l",~-i1iWt Nick T. Tomasello 885 Pennsylvania Avenue Lernoyne,Pa.17043 Saturday, October 12, 2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, This letter is to inform you that I intend to take a vacation with Ryan and Nickolas Tomasello the week of December 151h through December 21 st. I have already informed the Silver Spring Elementary School, and I will be filing the proper paperwork for homework and other school needs. Thank you, Nick T. Tomasello tX~ 'olT (( II 1;::< '0 ~-.iIi, Nick T. Tomasello 885 Pennsylvania Avenue Lemoyne,Pa.17043 Monday, November 11,2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, On November 8, 2002, during our telephone conversation you threatened "I will do everything I can to keep you from going on this trip!" According to the latest Custody Agreement, t have met every requirement needed to take vacation with the boys. This letter is a second written notice of my intent to take vacation with the children, Ryan and Nicklolas Tomasello, the week of December 15th through December 21't, 1 will pick up the children at 3:30 pm Friday December 13th at your residence listed above. This is the latest I can pick up the children in order to make our flight. Your cooperation is expected. Attached is a copy of the first letter I gave to you on October 12, 2002. Thank you, Nick T. Tomasello C.c. Richard Rupp Attorney Hubert X. Gilroy, Esquire, Custody Conciliator {l;K h 110 It- G Nick T. Tomasello 885 Pennsylvania Avenue Lemoyne,Pa.17043 Saturday, October 12, 2002 Angie M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, Pa. 17013 Dear Angie, This letter is to inform you that I intend to take a vacation with Ryan and Nickolas Tomasello the week of December 15th through December 21st. I have already informed the Silver Spring Elementary School, and I will be filing the proper paperwork for homework and other school needs. Thank you, Nick T. Tomasello C""'L , CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that the foregoing document was served on the person named below by hand delivery and by placing the same in the United States Mail, Certified, First Class, Postage Prepaid on the date stated bei"ow. Ms. Angela M. Halderman 7073 Carlisle Pike Lot #207 Carlisle, PA 17013 Ric ard C. Rupp, Esquire Attorney I.D.# 34832 355 North 21st Street, Suite 205. Camp Hill, Pennsylvania 17011 (717) 761-3459 Attorney for Defendant/Petitioner Dated: ~ (") ( ~L ,"" o z om 0 ~g g;9. [:c JJ(')- (J) JJ -; ::T :n5! I E;~ . 0 ;:: a. llc z-c... en -' ......m (J)"1) C300 -;_. ......0 ~m Co:!C '-iO }> 0 CD ~ :IJ z 0 .~ "r1 ~ 0 - ,= ~ :~ ~ ..., :=- :;:.:- IC ~ ,~ 0 I~ - z ,- iC G) > 0 0 , ~ m en en i I ,J ~" . ~ ~ . Stl> 1 92001 f1J ANGELA M. TOMASELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant NO. 00 - 0454 CIVIL IN CUSTODY COURT ORDER AND NOW, this }l(JtA day of September, 2001, upon consideration of the attached Custody Conciliation Report, it is crdered and directed as follows: I. This Court's prior orders of August 28, 2000 and November 20, 2000 are ratified subject to the following modifications: A. For Thanksgiving 2001, Mother shall have custody on Thanksgiving Day through 1 :00 p.m. Father shall have custody from 1 :00 p.m. on Thanksgiving Day until 9:30 p.m. The regular custody schedule then shall resume. . .- . B. Forrhe Eastel"holiaay, ifMotl1eris working, Mother shall have custody of the children from 8:30 a.m. until 1 :00 p.m. If Mother is not working, Mother shall have custody dfthe children from 2:00 p.m. through Monday morning at 9:00 a.m. C. For Memorial Day, if Mother is working, Mother shall have custody the morning of Memorial Day from 8:30 a.m. until 1:00 p.m. and Father shall have custody for the remainder of the day. If Mother is not working, Father shall have custody of the minor children in the morning and deliver custody of the children to the Mother at 2:00 p.m. D. TheJuly 4th and Labor Day holiday schedule shall be handled identical to the Memorial Day schedule. E. Both parties shall be entitled to two separate weeks of vacation with the minor children which shall be non-consecutive. The parties shall notifY each other at least sixty (60) days prior to when they intend to exercise this vacati~~,~?tificatiori to kin writing. . F. oil the M6l1day night Father has custody, Mother shall pick uptl1eChildren after her work rather than Father dropping the children off at Mother's home. . -~ ~ ~ a ~ ~ ,,",,"-",,,~ ~.. ~,~ -, , G. On those Mondays when Father has physical custody of the children and where the children may be off school, Mother may have custody of the children pursuant to Paragraph 2A of the November 20, 2000 Order, but Mother shall return the children to the Father prior to her going to work on Monday, but no later than 1 :00 p.m. H. The parties shall endeavor to try to communicate with each other in a civil manner in an effort to resolve all custody issues so as to minimize any disruption for the children's schedule. I. The parties shall also alternate custody for purposes of taking the children Halloweening and on Mechanicsburg Jubilee Day. 1. Pursuant to an agreement by the parties stated at the custody conciliation conference, the custody order presumes a 50,.50 physical custody arrangement which the parties agree to in fact and in spirit, and which custodial arrangement shall be binding upon the parties upon the setting of any support obligation subject, however, to any future modification of the custody order by order of court. 2. In all other respects, the prior Orders of Court shall remain in effect. 3. In the event either party desires to modify this Order, that party may file a petition with the court to have the case again scheduled with the custody conciliator. J. cc: Richard C. Rupp, Esquire Angela M. Thomasello Leiby's Trailer Court 7073 Carlisle Pike, Lot 207 Mechanicsburg, P A 17055 .- t. . " ANGELA M. TOMASELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NICK 1. TOMASELLO, Defendant NO, 00 - 0454 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess 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 children who are the subject of this litigation is as follows: Ryan A. Tomasello, born March II, 1994; Nicholas T. Tomasello, Jr., born May 16, 1995. 2. A Conciliation Conference was held on September 14, 2001, with the following individuals in attendance: The Mother, Angela M. Tomasello, who appeared without counsel; and the Father, Nick T. Tomasello, with his counsel, Richard C. Rupp, Esquire. 3. The parties agree to the entry of an order in the fonn as attached. ri ( ~I (ji D TE ". ,~ , < .,", ~. ~=", ,. ,--' ~J 'i-, , . FEB 1 7 zooo.tiJ ANGELA TOMASELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v NICK TOMASELLO, Defendant NO. 2000-454 CIVIL IN CUSTODY COURT ORDER AND NOW, this ;2 </" day of February, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Conciliation Conference scheduled in this case for February 18, 2000 is cancelled. 2. This Court's Order of January 27,2000 shall remain in effect. 3. In the event the parties stop living in the same house or in the event the parties have designated a specific time when they know one of them will be moving out of the current joint home, the parties may again have this matter listed with the Custody Conciliator for a Conference. There is no reason to have a Custody Conciliation Conference while the parties are living together in the same house with the two minor children.. BY THE COURT, ~J1 cc: Maryann Murphy, Esquire Peter R. Henninger, Jr., Esquire c::; C) i~~ c;:."J ,,-' ,;:::., 1. C) f;: ~~'~' 0':) --<: !""~:; ~~r' ~,-" , , - p(.~ / ""1 -<. . . f1 I -~~ J: ;<..3 -CJ 0 1?K5 :',,) ~'l Iv r _~ H'. ~ , ~_ .. ANGELA TOMASELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NICK TOMASELLO, Defendant NO. 2000-454 CIVIL IN CUSTODY Prior Judge: 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. Legal counsel for the parties conducted a telephone conference call with the Conciliator. Counsel for the parties advised the Conciliator that Judge Hess has already entered an Order dated January 2ih giving both parents shared legal custody of the two minor children involved in this case. Additionally, the Conciliator learned that the parents are still living together and there are no immediate plans to move from the same household. Based upon this set of circumstances, the Conciliator recommends an order in the form as attached. Q lilt { 60 DATE C)tc Ij} J jl I , I ! 'I- . I M.1;,,,,r:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA M. TOMASELLO, Plaintiff : No. 2000-454 Civil Term v. NICK T. TOMASELLO, Defendant : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw my appearance as counsel for Plaintiff in the above action in Custody. Respectfully submitted: \\w.~ Maryann urphy, Esquire LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel for Plaintiff in the above action in Custody. Respectfully submitted: ~ilkliOlll~Oiii",~,~~~_~l.ill>:/;ll;l,!l<~~_'BIi:<illl~liIiI. ." .. -~"~, ~,~ ~"" . =u -~...... (') = 0 C c:> ., -ofii z '~ C) mm ",t.:: -;::;71 Z:::u '''F ZC I ---;11 '-'ri ~"',:' N ,:;;-( L_ r:::CJ -0 jE~ ~O .... )>0 -7("") C r- C5r41 ~ => ~ :D N -< Ilml..-""" - .". .- '~_'-_<W," ,,"-', n 'I: Ii v. : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW " ii " " :! I' ANGELA M. TOMASELLO, Plaintiff/Respondent NICK T. TOMASELLO, Defendant/Petitioner : NO. 2000-454 CIVIL : IN CUSTODY ORDER OF COURT AND NOW THIS 11 th dayaf December 2002, upon a stipulation and i'l hearing held in the matter of the within Petiiton, IT IS HEREBY ORDERED THAT:. The parties minor children Ryan and Nickolas Tamasello shall be made available to the Petitioner / Father Nick Tomasello on Friday, December 13, 2002 no later than Two (2) O'Clock P.M. E.S.T. from the Respondent / Mother's residence for Petitioner / Father's visitation/ custody purposes in order to allow Petitioner / father to have the minor children for the planned vacation. 1l/Lf~O) [P~ ~Zu- ~"1: !\Jcr1-U-v ~ , mk . J. ........,. ~ '~g.~- Jl i~,"n~'''_Ol1'~li 1~ '1ill:I_~ ....B<l< ~ '~~ .~, ' --- 1fliW/\lASi\!N3d ,uNnO::: <:i.:,r!,!:c'8fVno 9 '7 ' " I' I' 'lj:'(') 7D ,,:/ Hd V" Jj...,Ii1!{ "-",_!i"_:~: ii' ;---,-j -~._.:, ...1U" ;'\U~,,,,,,,,,.~,, '~",,".___ ~. 1_ ~j :3JIJ.IV-Cj3il:i t'- ru ll""" r-"/ U.S. Postal Servjc~ ' , " CERTIFIED MAIL RECEIPT (Domestic Maj/ Only; No msurance COllerage Provided) .' ,'- t'- -" ru ru ~ Pstage ~rtlfledFM ~etum Receipt Fee (S6d'Orsemsm Required) r-"/ CJ CJ t::J RestrIcted Delivery Fee -(Endorsement Required) CJ .-=J Total Postage & Fees $ Lr) CJ ru CJ CJ t'- ., u ~~' .~ -~ t""",~l''-''''<~'''~~h ANGELA M. TOMASELLO, Plaintiff/Respondent v. : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant/Petitioner : NO. 2000-454 CIVIL : IN CUSTODY CERTIFICATE OF SERVICE AND NOW THIS 11 th day of December 2002 , I, the undersigned hereby certify that the Court's Order, filed of record on December 6, 2002, setting a heoring upon the Petition for enforcement/contempt was caused to be served upon the Respondent by both regular U.S. mail and certified U.S. mail on December 7'\ 2002. Attached hereto is the original postmark of the mailing of the certified article sent to the Respondent. Richard C. Rupp 1 ~~c;;---~::- .J::.iI\iliIll!!I~l!Jilil~.'" ~~" i,_~"\~ii1M;:~~ (") c: <- -oLiJ nirr '"7 -',', '2'1'.' 65.1':: -<2. r.:;C:: ~CJ =0 Pc: ~ o f't0 CJ ,..., c-, o ~n -n -_-::::6 ~~~ Q,T] -I ~ -< .-0 1'-' (1) t II~: ~ w~.~L';' ;' ~m'IC:;I,. ~~ ~ l~,ll ifi,; 'f I.~"r. If: ~a. ~,~ ~1Ii";11 U. Y.'<U IIIQ ..",. ~"""" "l ."'.:..",;IN ~"",-- n #~:':,:,':II ~ 1< ,,';' .. I:;:;II"~" t",1 ",:1" 1!:rj:J I:;~,':I 'J:'"'' ';(.,',', 1c "r"" I"" ""..... ...... -- , .:..' ~ J ~ r- ~r * ~p () !' "- 10' ~ E: ;.""", L. ~ e r Q.. \) ~ - -.) 0 - - Slj 8 '.,- .~ j i I I :: I:' !; 1i i r-_ " I , (',' lj I 1" I'; I! " I , ;1 " ',J I': , , H d , ;,) I:; Ii Ii [1 '~',f "',,( ""'~, * L':J', ,,",~l I:~:I ~U:I ''''''! ~ll:, :llf- e"', r,~~) ,tJ) >+ s c:> UNl~ ;t:I"""'k DoS' 1;;'"'''' ~ ~ o )1' f''''''~ ~~ :lj(:)" "'~ ;: o I'''''~' ~D:\l ~' 3: ".'~' W'll 1./' ~ ;~'":~~:I~ : :;'1: ~~Il "::1 VI !"J'i t,) ,.j::~ ",..:\I C:II,,1" .~.:to 1"\~1 I:~:I ,-. _c" - _.....b' u- > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW ANGELA TOMASELLO, Plaintiff No. 2000 - 454 Civil Term v. NICK TOMASELLO, Defendant IN CUSTODY INTERIM ORDER OF COURT AND NOW, this ~ l' day of 1""'", Z""O , upon consideration of the attached Stipulation for Entry of an Interim Custody Order, IT IS HEREBY ORDERED AND DECREED that the terms thereof are approved and that custody is awarded as set forth in the Stipulation with the same force and effect as if the same had been decreed by the Court following an Evidentiary Hearing. BY THE COURT: 'L o ~t.::,: ---., C::J" c:) :>- Z ;;)< , )-- ;:=")~ c"}::J J -....... .,(in ,..._tZ .'..2 ~;jltJ O'.,I,':J.. ~ Cl 1. >- ~? I::::. W .:l llJ ~2'---f ~--'- '::, ,. ()- Q.. ,"" ~"'-~ '-'- r-. C>J EE:~:"; r-m Cof! "'--S: ~ f..~:;:. CC:Y)'f ry,~{~ -JO Df:{J-J-- , ;/;( 1/00 , ,"'" - 'I ~"', ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA TOMASELLO, Plaintiff/Petitioner . . : v. No. dtrv-o. II';V ~ I P-'- NICK TOMASELLO, Defendant/Respondent IN CUSTODY PETITION FOR SPECIAL RELIEF-TEMPORARY ORDER PURSUANT TO PA.R.C.P. 1915.13 NOW COMES, ANGELA TOMASELLO, Plaintiff/Petitioner, by and through his attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and avers as follows: 1. petitioner is ANGELA TOMASELLO whose current address is P.O. Box 1039, Carlisle, Cumberland County, Pennsylvania. 2. petitioner is married to Respondent. 3. Respondent is NICK TOMASELLO whose current address is 9 North Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. 4. Respondent is married to Petitioner. 5. Respondent is represented by Peter Henninger, Esquire. 6. petitioner and Respondent are the biological parents of if; , , ,~,. , "'"~ , -',--,,-' .~ two minor children: RYAN TOMASELLO, born Marcy 11, 1994 and NICKOLAS TOMASELLO, born May 16, 1995. 7. The parties are experiencing marital discord and Petitioner filed a Complaint in Divorce and a Complaint in Custody on January 24, 2000. 8. petitioner and the minor children are temporarily residing at a location other than the marital home, however, the parties believe that it is in the best interests of the children that the status quo is preserved while petitioner and Respondent attempt to negotiate a property distribution and a permanent custody order. To that end, Petitioner and the minor children are moving back to the marital residence, although petitioner and Respondent have agreed to live separate and apart while residing in the home together. 9. Both Petitioner and Respondent are concerned that the other could remove the children from the home since there is not a Custody Order. Both Petitioner and Respondent are concerned that they could be denied contact with the minor children by the other party. The parties believe that either of these occurrences would cause unnecessary confusion and instability for the minor children, and would not be in their best interests. 10. To ensure that the minor children have regular and significant contact with both parents, and to ensure that both . ~~ I .i;,; " _ ,'1- o parents have regular and significant contact with the minor children, Petitioner requests that an Interim Custody Order be issued pending the Conciliation Conference. WHEREFORE, Petitioner prays this Honorable Court to enter an Interim Order awarding shared physical and legal custody of the minor child~en pending the Conciliation Conference. Respectfully submitted: By: ~ Ma~ann urphy, Esquire Legal Services, Inc. a Irvine Row Carlisle, PA 17013 (717) 243-9400 Attorney I.D. #61900 Attorney for Plaintiff/Petitioner "n ,_ ,..,',. ~ n _~,I ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW ANGELA TOMASELLO, Plaintiff No. Civil Term v. NICK TOMASELLO, Defendant IN CUSTODY STIPULATION FOR ENTRY OF INTERIM CUSTODY ORDER The parties to this action are ANGELA TOMASELLO (hereinafter referred to as "MOTHER"), and NICK TOMASELLO, (hereinafter referred to as "FATHER"). The parties are the parents of two minor children; RYAN TOMASELLO, born March II, 1994; and NICKOLAS TOMASELLO, born May 16, 1995. The parties own a home at 9 North Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. On January 24, 2000, MOTHER filed a Complaint in Divorce and a Complaint for Custody in the CoUrt of Conunon Pleas of Cumberland County, Pennsylvania.. The parties will be residing together at the marital residence while they attempt to negotiate a property settlement and permanent custody order. Pending the Conciliation Conference, the parties desire to amicably ensure both oftheirrights with respect to the minor children, and to enter into a temporary custody order in the best interests of their children. '~ ,'- "".,,1,' ',:1 MOTHER and FATHER therefore, stipulate and agree to the entry of an Interim Order of Court awarding custody as follows: I. The parents agree that they shall share legal custody of the minor children. All major decisions affecting the children's growth and development shall be made by the parents after discussion and consultation with each other and with a view towards obtaining and following an harmonious policy in the children's best interests. These decisions include those regarding medical, religious and educational matters. Both parents agree to give support to the other in their role as "parent" and to take into account the concerns of the other for the physical and emotional well-being of the children. While in the presence of the children, neither parent shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. The parents shall conununicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary. 2. The parents agree that they shall equally share physical custody of the minor children. The parents shall both reside at the marital residence with the children, although MOTHER and FATHER will be living separate and apart in the home. When MOTHER is at work, the children shall be in FATHER's custody. When FATHER is at work, the children shall be in MOTHER's custody. In the event that both parents have the same day off from work, the day shall be divided equally between them. ll'Ji,' FILE No,341 01/24 '00 15:52 ID:LEGAL SERVICES. INC. FAX:7172438026 PAGE 8 , . ~ 3. MOTHRR and FAT'HER <lgree that 9 North Stoner Avemle. Shiremanstown, Pennsylvunia shall remain the residonce of the children, as well us the pnrenls, pending the Conciliation Conference, Any overnight visits outside the home by the children shall be mutually agreed upon by the parents, 4, MOTHRR and FATHER agree that the minor children shaJlnot be removed from the Commonwealth of Pennsylvania without written ngreemenl oI"both parents, In that event. the parent removing the children must provide the other with II telephone number and address for contact. S, The parents llgree that this Agreement shall be submitted to the Court ofCnmmon Pleas of Cumberland County, Pennsylvania. for approval !lnd for entry ofllnlnterim Order, wld the p!\rents hereby reqLlesl that this Honorable COUI't enter such an Order. IN WITNESS WHEREOP, the parties have executed this Stipulation felr Entry ofan Interim CllSlody Order Oil the date indicated below, ,III L 1{J6 ~ ~~. ANO- ATOMAS"L"O 1-Ji7 40 Date ~4 .1{Z2~~ "- ....') C i:r;: ~ < U_' ":) - .:::5"", ~~c? :.:-: 0:2:> i--_'--~ f..~ ,~ Q: c5;j c:)' r~; ("'l~ Et L!:~ r-. ~~~I53 ('\.I -/<: tEhj-/ ;;e:. rc;> i",j -- co.;:;:: -~J lU -") C'cQ U__ ~ .;.=- (:) :::J <::::> 0 " I"';'" - .,,~I 0 _.".~! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA M. TOMASELLO, Plaintiff : NO. "Lcrln:r '1sy G:J L v. : IN CUSTODY NICK T. TOMASELLO, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, ANGELA M. TOMASELLO, Plaintiff, to proceed in forma pauperis. I, Maryarm Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~ M~SqUire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 J.D. # 61900 Attorney for Plaintiff ~f"'~C .",~...L.~ JiJllIi!l~' ~,-'"'"<"~ .......O/~_~d...ll!d - _~i .{iJVf)~ifl,~1~StvN.::7d . ,.,r'/7b-lf::Ii"''lJ ---..-" V/ II 8'7:f.: lfd '7' _', " C !\IVt 00 A.tJliJ.O;\r~"lh" " ""/~i.J, <u:.!c: _;~" 'i ::tJI:f.:lO-O:7"it:liJ. :fa ".ltJ ~ l ",,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA M. TOMASELLO, Plaintiff : NO. 6l.&zrti. '-/SyJ ~ 'T~ v. : IN CUSTODY NICK T. TOMASELLO, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am ANGELA M. TOMASELLO, Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, 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. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: ANGELA M. TOMASELLO Address: 9 North Stoner Avenue. Shiremanstown. PA 17011 (b) Social Security Number: 182-60-7453 If you are presently employed, state Employer: Country Meadows Address: 4837 E. Trindle Rd.. Mechanicsburg. PA 17055 Salary or wages per month: $ 678.00 Type of work: nersonal care aide -~ ~,J-_ If you are presently unemployed, state N/A Date oflast employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support NONE (Wife)(Husband) Name: N/A the oarties are seoarated If your (husband) (wife) is employed, state Employer: N/A ....~~- l", Salary or wages per month: Type of work: Contributions from children: ( e) Property owned Cash: -0- Checking Account: -0- Savings Account: -0- Certificates of Deposit: -o- Real Estate (including home): little or no eauity Motor vehicle: Make Hvundai Sonata Year 1993 N/A N/A -0- Cost $7.000.00 Stocks; bonds: -0- Other: -0- (f) Debts and obligations Mortgage: $700.00 Rent: Loans: Monthly Expenses: approximately $1.500.00 Amount owed -0- (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A . ~ J- ~ " Children, if any: Name: Rvan Age: 5 Name: Nickolas Age: 4 4. I understand that I have a continuing obligation to inform the court of improvement in my fmancial circumstances which would permit me to pay the costs incurred herein. 5. 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 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: /~ d cj-rJC) ~~G~~ AN LA M. TOMASELLO :O',y, ','" \oil :lI~IllilIiIliI~_i4.<UiI ",,",", '~""'il'iiliiiiDl,.'~ll."'I.li~Jil,,,.wJil,;>!r~- '~~'.""'Mo,"", .,IJlIL.. . ,,,,., ",,,.., ~o:,", ,,~~, ~,_, """",~, ,"h~"'''''d' '^ -~ . ~~,- ~ -" 0 Cl c: Cl 0 _;s: i;; -" n"lOJ ~::i ~rll ;;:e ?'ti.JJ 2:1:; C/o 1]:: N r- "-c'm :-< .:2: .~ .00 ~D () J S;o -0 :-;J? - (~2f ~Ci -'- ";;.(") c W orl1 "Z .. =< t::" 35 O::l -< ,~['r"'""'J . "'~~i~~"~~< . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA TOMASELLO, Plaintiff v. NO. c2nv. '-/ S"l! Cu;;:.e I;;:"'" NICK TOMASELLO, Defendant : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is directed that the parties and their respective counsel before IllL\"uct )(,lldhlt1:j , the Conciliator, at . 't!' . on the _18~ day , 2000, at 10: 30 --'L.m., for a Pre-Hearing Confer ceo 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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: ~df(ji ~)JdJl&IJI~~' Custody Conciliato~~~W 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. J ~ '., ,"'" "~ F1LED-(FF1CF nc '," ""'"'T' "" ;;'PRY ..I': ~ ," ; .,_' , ! .'\X';~J il~\1 ' 00 FEr -I fn~ Ill: t:':',Ci U' \r_'" Cllr\ijqF~,.;i UJ'< ('{II l\ 11'\{ ..;, '-'_' .J'."U V-...JV!\jj PENNSYLVANIA dIM ad- ~,+t~ ~ ~7i ~~ c:lIo?l ~~z, M~ _, C;;IocJ 6yp ~ ~ 1f-1 ~~. , ~ ~, - --, "~ ~,...,..,.,,'"" ,~~~JlIllr.l!!J!:I,._.. .- -, ,- - m'~=h ~ ~. .~ . ..~ , ..,"'f'!'l~~I"ll~~ "" _~Il'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA M. TOMASELLO, Plaintiff v. NO. .2-&vv ~ lj:'Lf ~ ,~ . . NICK T. TOMASELLO, Defendant : : IN CUSTODY AND NOW, this COMPLAINT FOR CUSTODY ~ ~ ~ day of TOMASELLO, ~2000' by and through her comes the Plaintiff, ANGELA M. attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is ANGELA M. TOMASELLO whose current address is P.O. Box 1039, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is NICK T. TOMASELLO who currently resides at 9 North Stoner Avenue, Shiremanstown, Cumberland County, Pennsylvania. 3. The Plaintiff seeks prima~ physical and shared legal custody of the following children: RYAN TOMASELLO, born March 11, 1994 and NICKOLAS TOMASELLO, born May 16, 1995 4. The children were born out of wedlock. They currently reside with the Plaintiff. 5. During the lifetime of the children, they have resided at the following addresses with the following persons: Time Address with Whom birth-1995 7073 Carlisle pike Lot 200 Carlisle, PA Plaintiff/Plaintiff's mother, brother and stepfather 1995-1997 512 N.Center St. Pottsville, PA Plaintiff/Defendant 1997-1/21/00 9 N. Stoner Ave. Shiremanstown, PA Plaintiff/Defendant 1/21/00-present P.O. Box 1039 Carlisle, PA Plaintiff 6. The father of the children is NICK TOMASELLO. He is married to Plaintiff. 7. The mother of the children is ANGELA TOMASELLO. She is married to Defendant. 8. The children currently reside with Plaintiff. 9. The 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 any other Court, except as set forth above. 10. The Plaintiff has no information of a custody proceeding ,1-" concerning the children pending in a Court of this Commonwealth. 11. 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. 12. Each parent whose parental rights to the children have not been terminated, and the persons who have physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 13. The best interest and permanent welfare of the minor children will be served by granting Plaintiff primary physical and shared legal custody. WHEREFORE, Plaintiff requests this Honorable Court to grant her prima~ physical and shared legal custody of RYAN and NICKOLAS. Respectfully submitted, Ma~ann urphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. # 61900 Attorney for Plaintiff - , ~ [,", ""~"1 VERIFICATION I, ANGELA TOMASELLO, verify that the statements made in the foregoing Custody 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. ~ ~0R?/-- ANGE A TOMASELLO ~."l__I..... - I, ..~~1 '-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA TOMASELLO, Plaintiff . . . . vs. NO. NICK TOMASELLO, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2000 I served a true and correct copy of the foregoing Custody Complaint on the Defendant, NICK TOMASELLO at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. Nick Tomasello 9 North Stoner Avenue Shiremanstown, PA 17011 Respectfully submitted, Ma~ann urphy, Legal Services, a Irvine Row Carlisle, PA 17013 (717) 540-8600 LD. # 61900 (~ < .",w.....J oJlljliar.;t_~'--'~ ,",-', -...I. ~ .,.-' ~";';,"" ,- ~~.:, 0'-"'" ,. 0 Cl 0 C 0 "" :s:: , .~ "'T)(D '- J:~ _or n-irTi :z ~'11~ Z:.IJ ~~ ro,J -orn ..-' :.')CJ C)<) ~Cj " ~^'j-r ):;: ~... .J'-H Z~-.;' 3: -')0 -u 2m >c '::' 0 Z J:""" ~ :< (A) -< t ~ ~"l. ',_ r ANGELA M, TOMASELLO PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 00-454 CIVIL ACTION LAW NICK T. TOMASELLO DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 16, 2005 , 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, April 08, 2005 at 10:30 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 mav 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 existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. i: U' H " " Ii , i' iJ Ii I' ii lJ ii [i FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq. Custody Conciliator y 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 "' el\ FQ-OfRC. E.. .. rw ll--!'"'>f"\-rUf'_\li'.'\lD.Hl O~ ""[HI!: P~-'" Jirj~....iI ,-.....iI,,,, I""" '--, ,h- , . LDO'14r,b\ 11 PH \: 40 t!lJa t ..\1 t C2~ CUf'~~;~;';S'~0//~:;:0~IF't 3"/7C~ M'~~ 7; . rIt' o/-aj//- J/)OJ"~~~ #,.~~_ . -," "" ~ ..,...-","~ !>1lfil1J!l:ml\l\m'_~"1!"~.m~ " ~.' -, > ~ ,~, ~," .~^ ,.f ~ t '\ -c= b MAR 1 4 200~ U' ANGELA M. TOMASELLO, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA v. NICK T. TOMASELLO :NO. 2000-454 CIVIL Defendant/Petitioner :IN CUSTODY Petition for Custody Conci1iation Conference Pursuant to Judge Hess' Court order dated September 20, 2001allowing for either party to have the case again scheduled with the custody conciliator.. I Nick Tomasello, Petitioner, pro se, do request a custody conciliation. The issues I, Nick Tomasello, wish to be addressed are the physical and mental punishments that Angela Tomasello', now known as Angela Bowles, husband, Tim Bowles, inflicts on both children. Mr. Bowles has physically attacked Nickolas Tomasello slapping his mouth and shoulders, on more than one occasion. Mr. Bowles is constantly verbally abusing the children, by yelling in their face and threatening to physically harm them. Atso I would like to discuss pickup and drop off times, as well as childcare responsibilities, during those times. Currently there is no set schedule to when I am allowed to pickup the children. Therefore Angela Bowles, decides at her convenience, when I or if I should pickup the children. There is currently an issue of whether or not Angela Bowes is legally able to claim both children for tax purposes, conSidering the current order is 50/50 shared physical and legal custody. "" ~I ~ -' j 1~ , . " I ~ .,..-" Previously it was understood and agreed upon that She would claim one child and I the other. Also, there is currently an issue where the mother and her husband have refused to let the children contact the petitioner pursuant to Court Order dated August 28,2000. Finally, I pray that the court grant this plea, allowing a conciliation conference in front of Hubert x. Gilroy, Esquire, Custody Conciliator, and that both children ordered present at the proceedings, enabling them to voice their views to the court. Dated thisBfh day of February, 2005 B~~---.... Nick T. Tomasello Pro Se . "'1'"'2..Jili1lJ'-'......... liI.~~~,.:>~<ri.'i/;"""'~ iii" '~ "~-"'~".-.".- -1~:i I -,. en ("~... ("'") ;~~~ UJ~--: '~ <.) ,c.::, x: :i~ t_1_(,) c.\- ..;::' tr.::r.: ~i C)ts l c- @"', , f.:L -.-.tlU cc: D::r: ""t i-. x: Lt.. "" = 0 = "" ~ ~~ c, .^,~".~,~,~~~~_ , . ~ ~...-... .. "..... .. ~ ~ ~ f'.-. -I-... l-+- CL ()(Q '::J *-. ~ ~' -0 -.--e . -c:5 \I) G " (':) Q..) ~<(.j~ -... ~ ---- ~- " ^.. . I~~ oV.' -.,. r ......1....,"""""", RECEIVED MAY 02 ~f1I ANGEL M. BOWLES (formerly Tomasello), Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant NO. 2000-454 IN CUSTODY COURT ORDER AND NOW, this 4. day of. May, 2005, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's prior Orders of September 20, 2001, August 28, 2000 and November 20, 2000 are ratified subject to the following modifications: 1. For 2005, mother shall have custody of the minor child on Labor Day and father shall have custody on July 41h. 2. Unless agreed otherwise by the parties, father's pickup time on weekend custody shall be at 5:30 p.m. 3. Father's request to address the issue of which parent may claim the tax exemption for the two minor children will not be addressed by the Court, with father having the right to present that issue to the Domestic Relations Office on a Petition to Modify the Support Obligation since the parties are unable to agree. cc;..;r(ne Adams, Esquire vN1Ck T. Tomasello . \J " 'lii"''''''''''~ ~ ~"iiIlnl- l~iMI ~ ~-~""""'"--"'".'<,1;;l;"'~"'.li<",;_""""':"I&1,""",r FILED-{)FFiCE OF TH~ P"O-II '~w'Tt\RY t l'-i. l-Jl.'J~'d..lJn.. 2005 MAY -4 PM I: 46 I" 1\ ,...., , "., r, '\ITY U. ("-.,~;-"" """ i I]", ...., I J:JL; L~,'-',~ '...) .,,''...'VI PEf\j!\fS''r'L~~ii\lil\ ~. ~ - l-', ~ I "" .., I Iilllt~" - - ~~L.".w,..."_& . . ANGEL M. BOWLES (formerly Tomasello), Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,.PENNSYLV ANIA v CML ACTION - LAW NICK T. TOMASELLO, Defendant NO. 2000-454 IN CUSTODY Prior Judge: Kevin A. Hess 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 Conciliator met with the parties and Attorney Jane Adams who represents the mother in a Conciliation Conference to address the issues the father raised in his Pro Se Petition. Based upon that Conference the Conciliator recommends an Order in the form as attached. S-:d-O~ DATE t4IiJ Hubert X. Gilroy, E Custody Conciliat ill~'~~'''' ..~ 1llI__~ - '"., '~~;;ci"..-),-"W~l -~~ -,~"' ' ~ ~ ~ .~ "~"-, i . ' . GS g't ANGELA M. TOMASELLO, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYINANIA v. NICK T. TOMASELLO Defendant/Petitioner :NO. 2000-454 CIVIL : IN CUSTODY Petition for Custody Conciliation Conference Pursuant to Judge Hess' Court order dated September 20, 2001 allowing for either party to have the case again scheduled with the custody conciliator, I Nick Tomasello, Petitioner, pro se, do request a custody conciliation, The issues I, Nick Tomasello, wish to be addressed am the physical and mental punishments that Angela Tomasello', now known as Angela Bowles, husband, Tim Bowles, inflicts on both children, Mr, Bowles has physically attacked Nickolas Tomasello slapping his mouth and shoulders, on more than one occasion. Mr, Bowles is constantly verbally abusing the children, by yelling in their face and threatening to physically harm them, Also I would like to discuss pickup and drop off times, as well as childcare responsibilities, during those times, Currently there is no set schedule to whe,n I am allowed to pickup the children, Therefore Angela Bowles, decides at her convenience, when I or if I should pickup the children, There is currently an issue of whether or not Angela Bowes is legally able to claim both children for tax purposes, considering the current order is SO/50 shared physical and legal custody, Previously it was understood and agreed upon that She would claim one child and I the other. Also, there is currently an issue where the mother and her husband have refused to let the children contact the petitioner pursuant to Court Order dated August 28,2000, Finally, I pray that the court grant this plea, allowing a conciliation conference in front of Hubert X. Gilroy, Esquire, Custody Conciliator, and that both children ordered present at the proceedings, enabling them to voice their views to the court, Dated this 8th day of February, 2005 ?":~ ,..-=-'", Br-."2 ,/ ,/ ~~ ../ / ~,~ ,;;:/.> '" Nick T. Tomasello Pro Se 0"1 ('''j - ~ ~ \:) Q ~ '0 Q ~ , ~ ~ #; ~-v~ CL. ~ &:: '-.J~ ANGELA M, TOMASELLO PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 00-454 CIVIL ACTION LAW NICK T, TOMASELLO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 16,,2~~5..,___, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 08, 2005 , the conciliator, at 10:30 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 conterence 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: ..JsI.____ Hubert X Gilrov. 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 omce, 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3 166 .~ <~# ""~~IF"'U' ~"'~!II';r. ~4/p ,,70, (~p :' ." L: ',_- :: ;j,.(: . RECEIVED MAY 02 4'r' ANGEL M. BOWLES (formerly Tomasello), Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant NO. 2000-454 IN CUSTODY COURT ORDER AND NOW, this 4' day of May, 2005, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's prior Orders of September 20, 2001, August 28, 2000 and November 20, 2000 are ratified subject to the following modifications: 1. For 2005, mother shall have custody of the minor child on Labor Day and father shall have custody on July 4th. 2. Uuless agreed otherwise by the parties, father's pickup time on weekend custody shall be at 5:30 p.m. 3. Father's request to address the issue of which parent may claim the tax exemption for the two minor children will not be addressed by the Court, with father having the right to present that issue to the Domestic Relations Office on a Petition to Modify the Support Obligation since the parties are unable to agree. BY THE COURT, ~J cc;..J(ne Adams, Esquire vNkk T. Tomasello . \j OF 200S 11;\'( -4 PI'! I; l; 6 CL';V~ - T . ANGEL M. BOWLES (formerly Tomasello), Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,.PENNSYL VANIA v CIVIL ACTION - LAW NICK T. TOMASELLO, Defendant NO. 2000-454 IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19I5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator met with the parties and Attorney Jane Adams who represents the mother in a Conciliation Conference to address the issues the father raised in his Pro Se Petition. Based upon that Conference the Conciliator recommends an Order in the form as attached. S~d-O~ DATE t1ftJ Hubert X. Gilroy, E Custody Conciliat