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Home My WebLink About01-0538 FX . . I.J_ ~ ~"-~. ] " -n .- .;]' THOMAS R. SMITH, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001- 53ii CIVIL TERM CHASITY 1. RAMIREZ, JOHN ELLSWORTH MILLER, and CONNIE MILLER Defendants/Respondents : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CIVIL CONTEMPT AND MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Thomas R. Smith, by and through his legal counsel, Thomas S. Diehl, Esquire, who respectfully represents the following: 1. The Petitioner is the above-named Plaintiff, Thomas R. Smith (hereinafter "FATHER"), an adult individual currently residing at 11837 Sununer Oak Drive, Germantown, Maryland 20874. 2. The Respondents is the above-named Defendants, John E. Miller and Connie Miller (hereinafter "GRANDPARENTS"), adult individuals currently residing at RD #1, Box 388, Millerstown, Perry County, PA 17062; and Chasity J. Ramirez (hereinafter "MOTHER"), an adult individual currently residing at a unknown location in Cumberland County, Pennsylvania. 3. The parties, Thomas R. Smith and Chasity J. Ramirez, are the natural parents of the child, Brittany N. Smith (hereinafter, "CHILD"), born May 5, 1990. The parities, John E. Miller and Connie Miller are the child's maternal grandparents. 4. The parties are subject to a Perry County Order of Court dated September 22, 1993, attached hereto and incorporated herein be reference as Exhibit' A'. ~ "^ '-h '. "_h .< '---,,'.'-,- 5. Mother moved with Child to North 5th Street, Newport, Cumberland County, Pennsylvania in 1995. 6. Thereafter, Mother again moved with Child to 4412 Gettysburg Pike, Camp Hill, Cumberland County in 1999. 7. Although Mother has again moved with Child, it is believed that Child has still been residing in Cumberland County over the last six months. COUNT I - CONTEMPT 6. Paragraphs I through 4 are incorporated herein by reference. 7. Inunediately after the entry of the Court's Order of September 22, 1993, the child primarily resided with Mother, who also resided with the maternal grandparents. 8. As outlined above, Mother left the maternal grandparent's home and has since then, Child has primarily resided with Mother. 9. Father began having regular contact with child on or about September, 1992. 10. Father's contact with child ended on or about September, 1993. II. Grandparents, who maintained primary custody of Child at that time, grew hostile toward Father, and refused to permit him on their property to visit Child. 12. Once Mother moved from the Grandparents' residence, she did not provide a forwarding address to Father. 13. Father learned of the Mother and Child's Newport and Camp Hill addresses through independent investigation. 14. Father's attempts to contact Mother and Child have failed. IS. Accordingly, Father has not had contact with Child since September, 1993. 16. Grandparents still refuse to communicate with Father, nor will they review the location of Mother and Child. WHEREFORE, the Petitioner, Thomas R. Smith, respectfully requests this Honorable Court to find the Respondents in contempt of the existing Order, grant any reasonable attorney's fees incurred by the Petitioner, and such other relief as the Court deems fit. COUNT II - MODIFICATION PART I 18. Paragraphs 1 through 16 are incorporated herein by reference. 19. The custodial arrangement of the existing Order of September 22, 1993 is contingent upon Mother residing with Grandparents as it states in relevant part, "... primary legal and physical custody of the subject child is hereby confirmed in the child's maternal grandparents... ... and also in the child's mother... . ..as long as she resides with her parents." (emphasis added). 20. Mother has not resided with Grandparents in approximately five years. 21. Furthermore, Child has not resided in Perry County in approximately five years. 22. The existing Order of September, 22, 1993 does not provide Father with specific periods of partial custody of Child, but rather directs that such periods "Shall be worked out between the mother and father. . .". 23. As neither Mother nor Grandparents are willing to cooperate with Father, it is believe this flexible arrangement will no longer work . - -~ , - " - - '~ ~ r,,-' WHEREFORE, the Petitioner, Thomas R. Smith, respectfully requests this Honorable Court to modify the existing Order of Court such that specific periods of partial custody are established with the child. Respectfully submitted, Date: 1- Q0-ol 4 flf7 Thomas S. Diehl, Esquire Mislitsky & DieW Supreme Court J.D. No. 78942 One West High Street Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 . .~, , '" ," :;., VERIFICATION I verifY that the statements made in this Complaint are true and correct as relayed to me through Thomas R. Smith. Due to his residing outside the state and the time restrains for filing this matter, a separate verification will be filed when received from the petitioner. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. EXHIBIT A - ~ I I THOMAS R. SMITH v. IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. 92-992 CHASITY J. SMITH, JOHN ELLSWORTH MILLER and CONNIE MILLER o R D E R AND NOW, September 22, 1993, after various hearings on the issue of primary custody of the subject child, Brittany Smith, it is hereby ORDERED AND DIRECTED that primary legal and physical custody of the subject child is hereby confirmed in the child's maternal grandparents, John and Connie Miller, and also in the child's mother, Chasi ty J. Smi th, as long as she resides with her parents. Temporary custody rights are hereby awarded to the child's father, Thomas R. Smith, on an expanded basis to be exercised in New Jersey at the Air Force Base where he is presently stationed. The specific 8eriods 01 temporary custody rights \ shall be worked out "-', ~, be.tween .~-Sthe ..~other and . father. of the subject child by direct contacj: and/or contact through respective counsel. ~ ., . If no temp~rary~custOdy schedule ~ ~ can be worked out between the parties, ~ach Party~hall submit a proposed temporary custody schedule and this' Cou15t shall set forth a specific temporary custody schedule absent agreement of the parties. This Court is satisfied that it is in the best interest of the young child at this time to remain in the grandparents home. However, this Court is impressed with the home study and efforts of the father and his girlfriend to obtain custody of < -l;:l ... ~ . ~II~ I. ~ - J .~, .~ lot,: -" the child and will review this matter upon petition before the child reaches school age. cc: Judith T. Walz, Esq. JerryA. Philpott, Esq. Allen Rose, Esq. File BY THE COURT: AMP, JUDGE ~ -~ ~.'.~.'" ~., ';',--~~%- , . .\ THOMAS R. SMITH PLAINTIFF V. CHASTITY J. RAMIREZ DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-538 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 26TH day of January, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear befollllcqueline M. Verney; Esq. , the conciliato at 4th Floor, Cumberland County Courthouse, Carlisle on the 28th day of February ,2001, at 2:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Jacqueline M. Vernt'}'. Esq. f;e;> Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE TillS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ r",,~_ . . , r ,e'llli'J,1 ,,>, .- .." """ - ~~-"- - ~-". '"" "\1: \,). FI:"-!0;f~S~~.p~,T~J.rj\RY 01 111'11?6 AM 9: h 7 i ,)1'1"" CUMBEf\Lli'JD Gaur-fri PENNSYLVANIA Q'fl~ {Y)ClI)e.<>! 1_ ~(p-OI.. ThOt1'1Ct:5 S, DIehl J-;;;' <') 1- C:, (l n ~ fYI;' / (e.r- I a:;.(J I fufO lJ!dad ~ {~ Ut~ j 'f!e.- "","_".~_...IiI!"m\,_, "<'"' n,'!~!i!I"nJll!tl'l~ " ~_ IJ'~~~Q'II; , , 1i1lil'!ll'$~~~;m~_""'""I!1m;;m!",,,,,,":~",-m!!"\1l1~)'I'_""i<W!!>:'fJl.1'!\f!""~1iWM~~~~Wi~;;fl.L'""'''''-0'''l;'~~~~_~~",~~~J_l~ . ,- - ,-,o~-_llk",>_ - , .i'.-' . ~ _ , ~._,~_ '_ _" . . -~"-- - -rf' THOMAS R. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-538 CIVIL TERM CHASITY J. RAMERIZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE r" -/ AND NOW, this ~ day of t-e~. 2001, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Thomas R. Smith, and states that he had cause to be mailed a certified copy of a the Petition for Civil Contempt and Modification of Custody Order to the Defendants, Chasity J. Ramirez, and John E. Miller and Connie Miller by certified mail. A copy of said receipts are attached hereto indicating service was made on January 31, 2001 and February 6, 2001, respectively. Respectfully submitted, /1-: Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX '- ':-"""l -, , .. ' '" - I, ~ '-,J' '.,."..;:':":-,-:?n")r._<.;~,:.,'.., ."",",,-, , " '.3,A1si('Q:ljite ... " l\lery is desirelt' - .. Print yollr nameanil address on the reverse '. so that we can return the card to you. . Attach this card to the back of the mail piece, or on th'l.lrgnt if,space permits. 1. Article Addressed to: '. Ll1 l'- m ~ m l'- Ll1 Ll1 lJ"' I:J I:J I:J I:J ru ru Name (Plflase Print Clearly) (To be completed by mailer) m ~':.~f.;~~i.f,~~...__._..__.__._..~~-_..,_.,\,- / lJ"' lJ"' ..!.~.??.~.w~!!~.J~~.rj.dqEl..E9ad ..._~~_ ::: City, SJs"', ZIP',4 IL 60060 PETITION FOR CON'I'EMP't/MOD, .. .,... Postage S Certified Fee RetUm ReceIpt Fee (End- "'""'..0) Restricted eenvery Fee (Endorsement ReqUired) Total Postage & Fees $ 4.1 '(p CHASITY J. RAMEIRZ 19529 WEST CAMBRlOOE ROAD MONDELEIN, IL 60060 C. Signature o Agent _0 Addressee D. Is delivery ac!dress different from item 11 0 Yes If YES. enter delivery address below: 0 No x s j L , 2. Art I,' !i 'r J t '-'-'--l.; PSF, ,~ ~ .,.~ '~ :~f~'r. ,:-~,. "'~,' ..t-', , " ',: ~t.. '::ft' Service_ Type ;,s,"\''--''''_ i "':JCKcertlfled Mall 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restncted Delivery? (E>dla Fee) 0 Yes 595.oo.M.0952 .. ,', -;';j - , '" .-'l IT" IT" ..0 ;:r- t::J Ul PETITION FOR CONTEMPT/MOD. Postage $ .76 --,,-- - Certified Fee 1 .90 t::J c:J .:::t'" Recipient's Name (please Print Clearly) (to be complet '" MILLER' . ..,' " g: :~~~e~:~~::::::~::::::::::::::::::::::::::::::::::::::::::~:~:::: ~ C~fr:tE'R'STOWN, PA 17062 . Retum Receipt Fee CO (Endorsement Required) .-'l c:J Restricted Delivery Fee c:J (Endorsement Required) Total Postage & Fees $ , .' . . '!~"""aT" ",,"i.,.,"'.,.... ,....it8lir~if'f!\~~~6~?ve~ if~es~~Plete !II Print yqur: r,a_~e and.addr~ss on the reverse $0 that we .cll.nreturnJhe card to you. . IIAt1<lch thlS:~ard to thifback of the mallpiece, or on thi, from ff space permits. 1. Article Addressed to: Ii \ ~, J$N E. MILLER CONNIE MILLER f RJ!) #1 BOX 388 MtLLERsTOWN, PA 17062 4..16'~' x o Agent""J o Ad<fress8e ' o Ves ONa D. Is delivery address different from _11 If YES, enter delivery address below: 3. Service Type ~ertifled Mail 0 Express Mail o Registered D Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes .~. Article Number (Copy fromseIV;ce labeJ) 7099 3400 0018 5046 9917 1>8 Form 3811 , July 1999 \ ~Domestlc Return Receipt 102595-00409S2 ~;d~JlI"~~~iIJ~~~~'Mr~f'fti,i>ll~'''''''t~iM'litfi;i!liillZioll_j ,-"'"~-:.r,,,p,,_.,,~~ r^,"~"_, ^~,,'" ~,.., ,J, - -~ ' ,,,"' . 1liilli j(-jro - (') ~ lJf,~ n,-Jr'-' ~:~r Lr-- OJ)- 2i ~~~' -~. ~(~] 2: ::;! ~~- ~ -, o o ~Ft ..,., !~, \....\.J .-' ,- (F; 'j'-n -:),:-) ~~~~: (?~~- ?i5 -< :~ ,'-' (::> % ~ ... , THOMAS R. SMITH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-538 CIVIL ACTION-LAW CHASITY J. RAMIREZ JOHN ELLSWORTH MILLER, And CONNIE MILLER, IN CUSTODY Defendants PRELIMINARY OBJECTIONS AND NOW, comes the Defendants, John Ellsworth and Connie Miller, by and through their legal counsel, Barbara L. Wevodau, Esquire, pursuant to Rule 1028 (a)(l) of the Pennsylvania Rules of Civil Procedure to petition this Honorable Court to dismiss this Complaint due to the lack of jurisdiction and respectfully submits the following: 1. On January 26, 2001, Defendants were served with a Petition for Civil Contempt and Modification of Custody Order. 2. Defendant, Chastity Ramirez and her husband, relocated with Child to the State of Illinois in June of 2000. 3. Defendants, John E. Miller and Connie Miller, reside in Millerstown, Perry County, Pennsylvania. 4. Plaintiff, Thomas R. Smith, resides in Germantown, Maryland. 5. Pursuant to Title 23, Section 5344(a)(I), an action regarding custody should be filed in the home state of the child at the time of commencement of the proceeding or where the child has been residing for at least six (6) months. '. ~,"I ',"- . I .~ "". r I ,". - _" .'" ~ n. _ ,,_. ~.~ .. 6. At the time of the commencement of this action on January 26,2001, the Child was a resident of the State ofIllinois since June of2000. 7. Pursuant to Title 23, Section 5344(a)(I), this Honorable Court would lack jurisdiction to make a child custody detennination by initial or modification decree. 8. Also, pursuant to Rule l028(a)(1) of the Pennsylvania Rules of Civil Procedure, this Court would lack jurisdiction over the subject matter of this action due to the lack of any of the parties to this action residing in Cumberland County, Pennsylvania. WHEREFORE, Defendants requests that this Honorable Court dismiss this action due to lack of jurisdiction over the subject matter. (' ~n'JJtJAf!jpJo.JJ /J q Barbara L. Wevodau, Esquire Supreme Court ill # 85673 P.O. Box 264 New Bloomfield, P A 17068 (717) 582-8883 Attorney for Defendant DATE: J,/JLI/D/ I ' ~ . " I ,.' ~ >.' ;-..",-- k'-- - ',.;I..' >,' ~' '1" 4. THOMAS R SMITH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-538 CIVIL ACTION-LAW CHASITY 1. RAMIREZ JOHN ELLSWORTH MILLER, And CONNIE MILLER, IN CUSTODY Defendants CERTIFICATE OF SERVICE !, Barbara L. Wevodau, Esquire, hereby certify that, on this date, a true and correct copy of the foregoing Preliminary Objection was served upon Thomas S. Diehl, Esquire, attorney for the Plaintiff in the above-captioned matter by mailing said Preliminary Objection from the New Bloomfield Post Office via first class mail postage prepaid to the foI1owing address: Thomas S. Diehl, Esq. Mislitsky & Diehl One West High Street Post Office Box 1290 Carlisle, P A 17013 (717) 240-0833 DATE: d/N/Of ~a lu JhwiaJ/ fit. Barbara L:Wevodau, Esquir Attorney for the Defendant Supreme Court J.D. No. 85673 P.O. Box 264 New Bloomfield, P A 17068 (717) 582-8883 "-~~iM ''''-;k-....,~I,1I'"'',H,-'"lm!~;:;m~~Il:WlIOI;;jM,g~Il:~;;;.i''''"o1i-)f-ii*;l'gC~~ltIlli~;t'%<iJi"""~~~"'__u ,~.~.- _.^." ."-~'o<" _ _,~. _~ , ->.~.., ~ "',~- ",_.. ~- ,-~,,~ ,. ",,, ,0 ,~~__ " N/,'lf"""'"'' ~"~f- ~~-"~,-, -, _...."....".,.';.0 o c::. -vf:iJ rnr"0 Z:J} -;71 tnJ::: -<. /. r:"r-', -~ ~- ?C' 2=0 :Pc::. ~ o -n [T1 "(:0 - ~" ~,"-~, .-~".~ ~~~~"--:! . o -~n '.::\ ,-,-", c.f; -~~_;r~1 ,-.)(:-, .::.': ~1i (-;-)~ ."'--7 L-:::J ,s..:r11 -0 ::.;,: ,',n (1' .~.-' -< '1c- :r:; -<. ~ -~ , - '- -,-', " -,--,---,-- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next ArgmIent Court. CAPTION OF CASE (entire caption ITIUf;t be stated in full) Thomas R. Smith ( Plaintlif I VB. Chasity J. Ramirez, John Ellsworth Miller and Connie Miller (Defendant I No. 'iill Civil l\,-,r;nn 19 JOO, 1. State matter to be argued (i.e.. plaintlif's llDtion for new trial. defendant's danurrer to canplaint, etc.): jurisdiction of Cumberland County, PA in the custody modification matter 2. Identify counsel who will argue case: (al for plaintlif: Address: (b) for defendant: Address: Thomas Diehl Esq. One West High Street Suite 208 Carlisle, PA 17013 Barbara Wevodau, Esq. P.O. Box 264 New Bloomfield, PA 17068 3. I will notify all parties in writing within tfou days that this case has been listed for argurent. 4. ArglInent Court Date: March 28, 2001 Dated:March 8, 2001 J&J:wl~/{!f I Attorney f - Defendants .' .1 J [-..: -Mm"'- "-->"'~'~'Hli~l!:Oili!ll-&~~,~,!ii'I~,"'IiiI~"~~.w:,.iUI~b""'" -~Iii ~,-" ~~ ~" ~ o. ""0.". ,,-~,-c "'~- , (") 0 ~ ~ ::E:: ~~ :no :4 ~~ :;0 ~:n f .,- CO :g'TI 06 ~ -0 -, T=R 20 :x Uo 5>0 ~ Zm ~ 0 OJ ~ W -< ~ ~ ~ "- ; .h., .-,.c,,.",', ---~",,-~,.-- ;'~;,.,l;,\,~,_",__1 ';;';'_;~~_;4.,:_",;<_,;'-,: ~',,-- """ "~ :,.'., ~"/ '--"-,1.,.'- '----", , ;\riki i I THOMAS R. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-538 CIVIL TERM CHASITY J. RAMERIZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR WITHDRAWAL OF CUSTODY COMPLAINT TO THE PROTHONOTARY: Please withdraw the Custody Complaint in the above-reference action. Respectfully su 1~ :)~. () I Date: Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX , -, - ~ -~ -0-' ,'.' , , 1,'-\-''''''' "-,',ii<;-',- '0<" <<, c'~ e,_.,.'",,,-,",,,,',, '.->'-;, - - ., ,-- -- ',-'" -," "--it] THOMAS R. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-538 CIVIL TERM CHASITY 1. RAMERIZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I hereby certifY that the foregoing Praecipe to Withdrawal of Custody Complaint was served upon the Defendant by facsimile and by first-class, postage prepaid mail, this day to the following individual: Barbara L. Wevodau, Esquire Attorney for the Defendant P.O. Box 61 Duncannon, P A 17020 o "lAcfij 3-frD( Respectfully submitted, Date: &2f Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 OF ;:\LED-Gi:nCE ! _:';~'inF-r~i',.:n-II~RY , ., __, ....." ~./ ,I I ~ I ~ ~- i o I ~1M~ 23 PH 2: 5 I CUMB[HLi~\\D COUNlY PEN1\!SYLV/\NlA I I I # - -jj~ -- ~_. . ~," .,. ' APR 0 2 2001 t/J THOMAS R. SMITH. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY,PENNSYLVANIA V. : NO. 2001-538 CIVIL TERM CHASITY J. RAMIREZ, JOHN ELLSWORTH MILLER, And CONNIE MILLER : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 2ND day of April, 2001, the Conciliator being notified that the Plaintiff has withdrawn the Custody Complaint, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 9ii.0- onciliator