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HomeMy WebLinkAbout03-2419 v. : IN THE COURT OF COMMON PLF(\S C!1 ~ : CUMBERLAND COUNTY, PENNS~ V A:)iIA :~-n . ~CD ~ ;~,p : 0 03 2l/,q CIVIL TERM ~r~r_ N -;J,q . N .20 - t7iS-:: 1') ;~;,tJ : :<:'j. -0 .!+\ ~ -' CJ 0 : CIVil.. ACTION - LAW ~ C' ~ 7.).n :;;,-__. N ::...\ f;:, ;~ ?P : IN CUSTODY ~. 01 :<. ~.:.. THOMAS R. SMITH, PlaintiffIPetitioner, CHASITY J. RAMERIZ, Defendant/Respondent, COMPLAINT FOR CUSTODY 1. Plaintiff is Thomas S. Diehl, an adult individual currently residing at 11837 Summer Oak Drive, Germantown, Maryland 20874. 2. Defendant is Cbasity J. Rameriz, an adult individual currently residing at 643 Cumberland Pointe Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Parties are the natural parents of the child, Brittany N. Smith (hereinafter "Child"), born May 5, 1990. 4. The child was not born in wedlock. 5. For the past five years, the children have resided with the following persons at the following addresses for the following lengths of time: NAME Mother AnnRESS 643 Cumberland Pointe Circle nATES 2002 to present Further specific information regarding Child's prior addresses is difficult to discern as Mother has not made such information available to Father. 6. The natural Mother of the child is the Defendant, who resides as foresaid. She is single. 7. The natural Father of the children is the Plaintiff, who resides as foresaid He is married. 8. The relationship of the Defendant to the child is that of natural Mother. It is not known to the Plaintiff with whom the Defendant resides. 9. The relationship of the Plaintiff to the child is that ofnatural Father. The Plaintiff currently resides with his wife, Lisa Smith. 10. The Child was previously subject to a custody order regarding the maternal grandparents, John Ellsworth Miller and Connie Miller in September 22, 1993 as referenced below. The Child however has not resided with the Millers in approximately seven years. 11. Father requests the Court to grant him defined periods of partial custody with child. The best interest and permanent welfare of the child will be best served by granting the relief requested for the following reasons: a. Father has not had contact with the child since 1993. b. Father's has not bad contact with child due to Mother moving to undisclosed locations in order to prohibit Father's contact c. In 200 1 Father located Mother in Cumberland County and attempted to initiate a custody action. Mother however fled to an unknown address in Dlinois to avoid process. d. Upon acquiring the services of a private investigator, Father has learned that Mother is again residing in Cumberland County, at the above stated address. e. Father desires only to establish meaningful contact with child. 12. The Plaintiff does include John E. Miller and Connie Miller ofRD #1, Box 388, MiIlerstown, Perry County, Pennsylvania 17062 as interested parties for the above mentioned reasons. WHEREFORE, the Plaintiff, Thomas R. Smith, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, Tho . Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 Date: S - J. J- OJ VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4909 relating to unsworn falsification to authorities. 1Lt~ Thomas R. Smith, Petitioner THOMAS R. SMITH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-2419 CIVIL ACTION LAW CHASITY J. RAMERIZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 23, 2003 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 thc confcrence. Failure to appear at the confcrence 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: Isl Jacqueline M. Verney, Esq. Custody Conciliator u 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 healing. 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 -. .~ ~ ~'.11 ~ -- -.n;n/ {JJ~ . r '/. ..;y'- _ ' r., r~v <c:?- ce-,5' _~ ?:- --r- ~ E:V'- [C'f ;r:tf p ~ ~~ r'l co-U'7' "' AJ.N(ft\t1NVl\lASNN3d j) CMI:f1. tMMwn -. -', "J::!?"! 1"\ '~-...J V rS:1I ~1oI , F:c AV;.J GO Abl\.li"'" .' fVJ.V;\~Gi'li r~"r,j--, .~_';' 3~)LJ~{b~i7.ITril ::10 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- ';;l Y'<1 CIVIL TERM THOMAS R. SMITH, Plaintiff/Petitioner, CHASITY J. RAMERIZ, Defendant/Respondent, : CIVIL ACTION- LAW : IN CUSTODY AFFIDAVIT OF SERVICE I, /fZBJ ;} Ne/'/M/LT OZ. , an adult individual, hereby certifY that a Custody Complaint and attached Order scheduling a hearing for June 23, 2003 at 10:30 a.m. at the Cumberland County Courthouse was served upon the above-captioned Defendant at CEJJ c (/ f11 tJ 2{(11't-MIJ {JQ,"T ;1.t! Cl ,zG L tT; on the .,J J day of M/}.V , , 2003, at approximately ,lo:o.;l o'clock ..L.m. The Custody Complaint and Order was served upon ('//)) f /TV :;1. 1?1'J-r1J5'Ye, (Defendant or / agent/person in charge), in accordance with Pa.R.c.p. I 930.4(a)(I) or Pa.R.C.P. I 930.4(a)(2)(iii). DATE: r ;Z '7- IT] By: ~~=z~;z - Signature ./;121.;;,1 /I. )Cbr/:l/htF J/<:. Name /1.:1./,," /ITV ~?'e///6.-4/~/L Title /,,:'1' J,h.///~'L /~. Address ;;'7 ",--ell /IN /.t:., /? 17M ;74, City, State 7/ ?-7??- //7/ Telephone ~ 0 Si? Co.> '- 3! ~co ~ 9j rq fJJ .5;: I'\) :82 c.:> It; u ""'" -I T:.!:J 8 ::c: f?::;? c: ':9 () ~ .:-.> ~ c JU~: 0 2 2003 JUN 2' 200t THOMAS R. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2419 CIVIL TERM CHASITY J. RAMERIZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ lI?c. ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Thomas R. Smith, and the Mother, Chasity J. Rameriz shall have shared legal custody of Brittany N. Smith, born May 5,1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. This shall be construed to permit both parents to receive any and all documents from school and medical personnel. 2. Mother shall have primary physical custody of the Child. 3. The parties shall cooperate in the scheduling of counseling for Brittany to ease the transition in reestablishing a relationship with her Father. Both parties shall execute releases to permit the counselor to discuss all aspects of counseling with the other parent. The parties contemplate using Georgi Anderson if she is available to begin counseling shortly. If she is not available in a timely manner, the parties' counsel shall select another counselor. Father shall begin partial physical custody with Brittany at times and duration as recommended by Brittany's counselor with a goal to 8 hours alternating weekends and ultimately to full alternating weekends. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. Either party may contact the Conciliator to schedule another Conciliation Conference. ....-. ViNV^'ASNN3d AlNnCO (JVfl838V>1no 0, :C I<!d 9Z f'mf CO A!:lV'lCf\OI iWbcJ :J,-i.L ::JO 30l:HO-{]31JJ BY THE COURT, cc: Thomas S. Diehl, Esquire, Counsel for Fat r Barbara L. Wevodau, Esquire, Counsel for Mothe ~, J 7 ' 6 3 ~,~ J. THOMAS R. SMITH, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003-2419 CIVIL TERM CHASITY J. RAMERIZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittany N. Smith May 5, 1990 Mother 2. A Conciliation Conference was held in this matter on June 23, 2003, with the following individuals in attendance: The Father, Thomas R. Smith, with his counsel, Thomas S. Diehl, Esquire and Mother, Chasity J. Rameriz, with her counsel, Barbara L. Wevodau. Esquire. 3. The parties agreed to the entry of an Order in the form as attached. I..e -~~-63 Date -0 /4 ~( cq ne M. Verney, Esquire Custody Conciliator JAMES O'NEAL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PlaintUI: NO: 02481 Civil 2003 v. : CIVIL ACTION - LAW LOUIS DePASQUALE, : JURY TRIAL DEMANDED Defendnat. -loW~ PRAECIPE 1i9It WRIT OF SlTMMONS TO THE PROTHONOTARY: Please re-issue a Writ of Summons against the above-named Defendant at the address below and forward to the Sherifffor service: 75 Rockbridge Circle Harrisonburg, VA 22801-2814 Respectfully submitted, Mancke, Wagner & Spreha By P. . fl. 3 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: 6//5/ ~3 I I 8 8 0 -r, ".. "'" ~a'j -".f c::; fl\:n g;' G") r- t5~.. "" '<Dfi; ('oJ ."9 ;:s r". ':';('j ;<: -. "'1J .,,- ~'t -'-'11 ~" :1c ',~-)o C 2: :t;;c' ~ c::;, ." Z -~ =< ....s s:i -< THOMAS R. SMITH, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY NO. 2003-2419 CIVIL TERM CHASITY J. RAMERIZ, DefendantlRespondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY 1. The Petitioner is the above-named Plaintiff, Thomas R. Smith, an adult individual currently residing at 11837 Summer Oak Drive, Germantown, Maryland 20874. 2. The Respondent is the above-named Defendant, Chasity J. Rameriz, an adult individual currently residing at 643 Cumberland Pointe Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the natural parents of the child Brittany N. Smith, born May 5, 1990. 4. The parties are currently subject to a Custody Order dated June 25, 2003, which was the result of an agreement reached at a Custody Conciliation Conference held on June 23, 2003. A copy of the resulting Order is attached hereto and incorporated herein by reference as Exhibit "A.n 5. There have been no additional actions relative to custody of the within named child in any jurisdiction to the Petitioner's knowledge. 6. Since the entry of the Court's Order of June 25, 2003, the child has primarily resided with the Respondent. 7. The relationship of the Petitioner to the child is that of natural father. 8. The relationship of the Respondent to the child is that of natural mother. The natural mother currently resides with the child. 9. The Petitioner has not participated as a party or a witness in any other capacity in litigation concerning the child. 10. Petitioner has no information of any custody proceeding concerning the child pending in any Court of this Commonwealth. II. The child's best interest and permanent welfare would be significantly improved by modifying the existing Custody Order for the following reasons: (a) The Court's Order of June 25, 2003, directs the parties to cooperate in scheduling counseling sessions with child in order for the child to reestablish a relationship with Father; (b) Since the Court's Order of June 25, 2003, the parties have attended five (5) counseling sessions with Dr. Baptista; (c) There should have been a sixth visit on August 21, 2003, but Mother and paternal grandfather decided on August 17, 2003, to take the child to Graceland for the week; (d) Mother has repeatedly attempted to undermine the purpose of the counseling sessions by acting bad faith; (e) Examples of her bad faith include: (i) Delaying the scheduling of the counseling sessions with invented/contrived scheduling conflicts; (ii) Refusing to permit child to be alone with Father during counseling sessions; and (iii) Using the counseling sessions to dis'~uss her intent to pursue an involuntary adoption while in the child's presence. (f) Father pays all expenses associated with the '~ounseling sessions, and drives approximately four (4) hours to attend each hour-long appointment; and (f) Accordingly, Mother's bad faith towards these counseling sessions is causing substantial difficulty to Father, and undermining the intent of the counseling sessions. 12. Petitioner does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Petitioner requests your Honorable Court to grant his request to enter an Order scheduling a Custody Conciliation regarding the custody modification, at which point Petitioner will be requesting direct contact with the child on alternating weekends without the hindrance and/or supervision of Respondent. Respectfully submitted, Dated: September 8, 2003 Th s S. Diehl, Esq e ttorney for Plaintiff/Petitioner One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Petition are true and correct. 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. ~(~ THOMAS R. SMITH, PlaintifflPetitioner EXHffiIT A ( JUN H lit THOMAS R. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2419 CIVIL TERM CHASITY J. RAMERIZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT t -" AND NOW, this J.s ~ day of ) L4-L ,2003, upon consideration of the attached Custody Concitl'ationRepOI1:, it is ordered and directed as follows: I. The Father, Thomas R. Smith, and the Mother, Chasity J. Rameriz shall have shared legal custody of Brittany N. Smith, born May 5, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. This shall be construed to permit both parents to receive any and all documents from school and medical personnel. 2. Mother shall have primary physical custody of the Child. 3. The parties shall cooperate in the scheduling of counseling for Brittany to ease the transition in reestablishing a relationship with her Father. Both parties shall execute releases to permit the counselor to discuss all aspl:cts of counseling with the other parent. The parties contemplate using Georgi Anderson if she is available to begin counseling shortly. If she is not available in a timely manner, the parties' counsel shall select another counselor. Father shall begin partial physical custody with Brittany at times and duration as recommended by Brittany's counselor with a goal to 8 hours alternating weekends and ultimately to full alternating weekends. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modifY the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. Either party may contact the Conciliator to schedule another Conciliation Conference. JUN 3 0 2003 I BY THE COURT, ~;r~~t cc: Thomas S. Diehl, Esquire, Counsel for Father Barbara 1. Wevodau, Esquire, Counsel for Mother j .... COPY I'ROM ~ ., -.tl.Jty wIw8oI. I hIte untIlII ""... ~. 01. ll<'lItJ Court at c.-. . . ~Oj :%t~- . ~ . f ~L . . ~ THOMAS R. SMITH, Plaintiff V. : IN THE COURll OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003-2419 CIVlIl. TERM CHASITY J. RAMERIZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT t IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Com:iliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittany N. Smith May 5, 1990 Mother 2. A Conciliation Conference was held in this matter on June 23, 2003, with the following individuals in attendance: The Father, Thomas R. Smith. with his counsel, Thomas S. Diehl, Esquire and Mother, Chasity J. Rameriz, with her counsel, Barbara L. Wevodau. Esquire. 3. The parties agreed to the entry of an Order in the form as attached. & -.~ ~-D :-s Date ,1 ~ Ilt.1f ~LC ~1. Verney, Esquire ;1' Custody Conciliator ~{\ -t:> )b - ~ - '- " }J N ()' U -f.- ~ -II\- ~ t CJ c~, 0 C. , n ;0 ,-' , ^ 1 IT: , ~ 2 , , < (',I .. - r . , ";-' , .. -- , . > , -,- , .- " -- ) lc'- . .~ .' '-0 -, r v --< THOMAS R. SMITH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-2419 CIVIL ACTION LAW CHASITY J. RAMERIZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, September 22, 2003 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4tb Floor, Cumberland County Courthouse, Carlisle on Monday, October 20, 2003 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort wil! be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. AI! 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. 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 heariug. FOR TIlE COURT, By: /s/ Jacqueline M. Verney, Esq. tI 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. AI! 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 TI~E 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) 249-3] 66 . ~ ~ fr ..~ ~r~; ['0' (!t'-!J .~ ~ ~ ~/L, E'ot:?C"(; ~ r ~ ~ ~ -rP ['Oee(? >',n8 ~: _: :':: ,. . . .....) . . NO'J 1 2 2003 \J' THOMAS R. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHASITY J. RAMERIZ, Defendant : NO. 2003-2419 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ,.., II- day of~, 2003, upon consideration ofthe attac~ody Conciliation Report, it is ordered and directed as follows: I. A Hearing is scheduled in Court Room No. __ / , of the Cwnberland County Court House, on the It/Ill day of -I//~~ 200~__, at 1: ~() o'clock, A. M., at which time testimony will be taken. Fo{/tlurposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a swnmary of the imticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated June 25, 2003 is hereby vacated. 3. Pending further Order of Court or agreement ofthe parties, the following shall remain in effect: 4. The Father, Thomas R. Smith, and the Mother, Chasity J. Rameriz shall have shared legal custody of Brittany N. Smith, born May 5, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 5. Mother shall have primary physical custody of the Child. 6. Father shall have the following periods of partial physical custody of the Child: A. On November 15, 2003 from 12:00 noon to 8:00 p.m. Father shall pick up the Child at Mother's home and the parties shall exchange custody of the child at 8:00 p.m. in front of the Gap store at the Gettysburg outlets just off of Route 15, Gettysburg. Vltl.'IJ^lASNN3d JJ.Nnm Cff'f"'~81^JnCJ 2U :S lid r I idJN f:O "l:N.lI_.::.:! , I B. Thanksgiving weekend from Friday, November 28, 2003 at 12:00 noon to Sunday November 30, 2003 at 5:30 p.m. Both exchanges shall occur at the Gettysburg outlets in front of the Gap store. C. Alternating weekends, beginning Friday, December 12, 2003 after school to Sunday, December 14,2003 at 5:30 p.m. Father shall pick up the Child at school. The parties shall exchange custody of the Child on Sunday at the Gettysburg outlets outside of the Gap store. Said alternating weekends shall continue then:after on the same schedule and the same transportation arrangement. D. Father shall have custody of the Child for the Christmas holiday as follows: from Sunday, December 28,2003, at 5:30 p.m. to January 1, 2004 at 5:30 p.m. Father shall pick up the Child from Mother's home on December 28,2003 and the parties shall exchange custody of the Child on January 1, 2004 at the Gettysburg outlets in front of the Gap store. 7. Mother shall arrange for counseling for the Child. Both parties shall execute releases to permit the counselor to discuss all aspects of counseling with the other parent. 8. Mother shall make the Child available to speak with Father by telephone every Wednesday at 8:00 p.m. 9. Neither parent will do anything nor permit a third party to do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 10. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. J. cc:tRbbert 1. O'Brien, Esquire, counsel for Father J'tarbara 1. Wevodau, Esquire, counsel for Mother >fr~ '-1' '\ Ri~ Il~ 13',(0 THOMAS R. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHASITY J. RAMERIZ, Defendant : NO. 2003-2419 CIVIL TERM : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittany N. Smith May 5,1990 Mother 2. A Conciliation Conference was held November 11, 2003 with the following individuals in attendance: The Father, Thomas R. Smith, with his counsel, Robert L. O'Brien, Esquire, and the Mother, Chasity J. Rameriz, with her counsel, Barbara L. Wevodau, Esquire. 3. The Court previously entered an Order on Jlme 25, 2003 providing for shared legal custody, with Mother having primary physical custody and Father and child to undergo counseling with a goal of alternating weekends. Since the June 25, 2003 Order, Father has had only three 8-hour visits and other limited periods of partial custody. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. He maintains that Mother has alienated the child against him and his wife. He further maintains that counseling ended in August, 2003 with the counselor refusing to continue counseling. No other counseling has occurred. Father believes he is better able to provide educational support and assistance for the Child. The Child is receiving average and below average grades although she has been tested with an above average IQ. Father asserts that Mother only has an dghth grade education and cannot help the Child with homework. Mother has failed to obtain tutoring for the Child. Father indicates that during his visits, the Child appeared to be less apprehensive about visiting and actually began to enjoy the visits. Father also intends to file a Contempt Petition for Mother's alleged violations ofthe prior Order. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having limited periods of partial physical custody until the Child adjusts to the arrangement. Mother maintains that the counselor did not give an opinion whether overnight visits should commence for Father. Mother asks that the Court appoint separate counsel for the Child. Mother further maintains that she has been the primary caregiver for the Child and that Father did not have contact with the Child for 10 years and now suddenly reappears and wants to establish a relationship with the Child. 6. Both parties agree that the Child should commence counseling with another counselor. 7. The Conciliator recommends an Order in the: form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having one eight hour visit and then commence alternating weekends from Friday to Sunday, with extended visits for the Thanksgiving and Christmas holidays. It is expected that the Hearing will require one day. ,,-{ {-a 3 Date ~ );(.~. acq line M. Verney, EsqUIre Custody Conciliator THOMAS R. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA \) v. NO. 2003-2419 CIVIL TERM CHASITY J. RAMERIZ, Defendant CIVIL ACTION-LAW IN CUSTODY AND NOW, this RULE TO SHOW CAUSE ~ ~ day of February, 2004, upon consideration of the Petition For Contempt, a rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Petition should not be granted. Rule returnable at the hearing scheduled in this matter for Thursday, February 19, 2004 at 9:30 a.m. in Courtroom NO.1 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, /I/~ J. - G -0'-/ e<J~1 ~~. .~] ~ &uL L rr ~Vw ~6 /J~ l-2t~ CJ._'(j' ViN~/n'(StVlV:'!d 1 "'no,., I")I,';~, .-'.-'.'no '\i.JV, I .'''-j '-i,\} /,I'f~f[fn zs:/ Wd 9- 8J:HoOZ ),1:N10r'VO'r-U..Ob'cJ 3Hl :10 3Jt::J:l0ij:17t:/ -,~~!~l.l ,,'"' .'.-"" THOMAS R. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHASITY J. RAMERIZ, Defendant NO. 03-2419 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of February, 2004, upon consideration of Plaintiffs Petition for Modification of Custody and of Plaintiff s Petition for Contempt with respect to the parties' child, Brittany Nicole Smith (d.o.b. May 5, 1990), it is ordered and directed as follows: 1. With respect to custody a. The parties shall share legal custody of the child; provided, that in the event of a dispute on a matter relating to the child's education at her present school, the decision of Plaintiff, the father, shall prevail; b. Primary physical custody of the child shall be in Defendant, the mother; c. Temporary or partial physical custody of the child shall be in Plaintiff, the father, at the following times: (I) During the school year, (a) On alternating weekends, from after school on Friday until Sunday at 5:30 p.m.; provided, that where the following Monday is a federal holiday, Plaintiffs period of temporary or partial physical custody shall extend through Monday until 5:30 p.m.; (b) During Christmas vacation, from Christmas Day at 5:30 p.m. until December 30 at 5:30 p.m.; (c) On alternating Thanksgiving holidays from the Wednesday before Thanksgiving at 5:30 p.m. until the following Sunday at 5:30 p.m.; ---..., I'JN\'\!- II : \ \ \\11 t:Z 83:l ~unz I\G\jlO>~G,A.LOdd jHl ~o 3':JU~.o..o:n\::1 (2) During the summer, for alternating two- week periods; d. Transportation for purposes of exchanges of custody shall be the responsibility of the party receiving custody; e. In the absence of an agreement by the parties to the contrary, the child shall be enrolled in the structured study hall program, the mentoring program, and one or more tutoring programs available at her school; f. Neither party shall accommodate a refusal of the child to abide by the custodial terms herein; and g. Nothing herein is intended to preclude the parties from deviating from the custodial terms herein by mutual agreement. 2. With respect to contempt, the petition for contempt is dismissed. BY THE COURT, vtiobert L. O'Brien, Esq. Attorney for Plaintiff . :rc -J C1rl~,tA- ~ O~.~3'6~ ...-Barbara L. Wevodau, Esq. Attorney for Defendant (--- -, "l THOMAS R. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHASITY J. RAMERIZ, Defendant NO. 2003-2419 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of February, 2004, upon consideration of Plaintiff's Petition for Modification of Custody and of Plaintiff's Petition for Contempt with respect to the parties' child, Brittany N. Smith (date of birth, May 5, 1990), the record is declared closed and the matter is taken under advisement. By the Court, /Barbara L. Wevodau, Esquire 26 East Main Street New Bloomfield, PA 17068 For the Plaintiff ~obert L. O'Brien, Esquire > 17 West South Street Carlisle, PA 17013 For the Defendant pcb C>3.1.5.0~ ~/l\:\-//\\\ i~~\ii\':~~::1 A.L~H1Ci_') . ,-" ::':';':';i/i_,1(1:) S I : I hid S I l]':'H ~DOl ,~/. 'J.U~Y<OHJ.O~:!d 3Hl :10 ~~::~~.:')iJ-Ojl!j THOMAS R. SMITH PLAINTIFF [N THE COURT OF COMMON PLEAS OF CUMBERLAND COmITY, PENNSYLVANIA v. 03-2419 CIVIL ACTION LAW CHASITY J. RAMERIZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 20, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja<:queline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 18, 2004 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 conference 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: Isl JacQueline M. Vemev, ESQ. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of [990. For information about accessible facilitif:s 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 Ilhe court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIDS 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 [7013 Te[ephone (717) 249-3166 . ~ ~ ~ ~ ~ ~ Ii~(/?:".(JI ~rJ !7v ~ /*/J '~'1f ??J;:!.74 ~9-aC'" O! ~{7 ~ F ~.u>V~. ~hC1'G'~(J1 > ('.. f'" .~;] ~! n' I' n h0:"iZ . t, ";,'j C', G2. J,,~UJ ,Ju :lU THOMAS R. SMITH, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASITY J. RAMERIZ, Defendant NO. 2003 - 2419 CIVIL ACTION LAW IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE AND NOW comes Barbara 1. Wevodau, Esquire, to hereby withdraw her appearance from the above-captioned case. Date: 10 --;'1-01 Respectfully Submitted, ~f!(]J~ Barbara 1. Wevodau, Esq. Supreme Court ID # 85673 26 East Main Street P.O. Box 459 New Bloomfield, P A 17068 (717) 582-8883 ._.~ , .--1 Iii F'", '.-' (';;." r',~) C~--:; '-'j:: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMSAS R. SMITH, Plaintiff * * * vs. * No. 03~2419 CIVIL TERM * * Civil Action - In Custody CHASITY J. RAMIREZ, Defendant * * WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Defendant, CHASITY J. RAMIREZ, at the above-captioned docket. Respectfully submitted by: 6~~~ 26 E. Main St PO Box 459 New Bloomfield, P A 17068 Dated: 1/- _, '-{) / PLEASE enter my appearance as attorney of record on behalf of the Defendant, CHASITY J. RAMIREZ, at the above-captioned docket. Respectfully submitted by: Br~~ In a:;tlinni WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 W. Church Street Dillsburg, P A 17019 (717) 432-9666 Dated: II ~ I /0 ~ , I > ! ~ I': ; () ,"'~"" t'-,1 C::::~:J t:;.,.') .J;..- Z C~ ~~ () "1'1 0" ..--~ ~_T: "1"1 I-ilp.:: ;.j~, . .-1'", .~ (~) ;.:')i-n ::':.l :8 - .. -''--''-'' c,) 0"\ :;::: '""""- THOMAS R. SMITH, Plaintiff NOV 2 2 2004 f : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW CHASITY J. RAMERIZ, Defendant : NO. 2003-2419 CIVIL TERM : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittany N. Smith May 5, 1990 Mother 2. A Conciliation Conference was held November 19, 2004 with the following individuals in attendance: The Father, Thomas R. Smith, with his counsel, Robert L. O'Brien, Esquire, and the Mother, Chasity J. Rameriz, with her counsel, Thomas M. Clark, Esquire. 3. The Court previously entered an Order on February 20, 2004 providing for shared legal custody, with Mother having primary physical custody and Father having alternating weekends and a holiday schedule. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. He maintains that the child is performing poorly at school, despite having above average intelligence. He asserts that the child nearly failed last year and is close to failing this year thus far. He maintains that Mother is responsible for this failure in that she does not provide appropriate support at home with the child's homework. She only recently obtained a math tutor for the child. If Father receives primary physical custody, he intends to home school the child for the remainder of the school year to catch her up with her academic work and place her in public school next year. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having the same schedule as in the current Order of Court. She asserts that the child has never been good academically and the reappearance of her Father has adversely affected her in school. She has obtained a Math tutor and is seeking an English tutor. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order of Court. It is expected that the Hearing will require one half day. 1!/2,2-6~ Date (L --,L~ 14 .~ ~ Verney, EsqUIre Custody Conciliator NOV 2 2 2G04t THOMAS R. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW CHASITY J. RAMERIZ, Defendant : NO. 2003-2419 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this 2 q ~day of 10 ~" , , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in court~om No. _ / , of the Cumberland County Court House, on the 1d day of E:-.' 2005, at f' 1tJ o'clock, 1. M., at which time testimony will be taken. or purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated February 20, 2004 shall remain in full force and effect with the following addition: 3. Mother shall have the child examined by her family physician for leg cramps within 30 days of the date of this Order. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. ~YJ~ 1t/30/1'I ~ ~ ~ 1{.'30~Or cc;A(obert L. O'Brien, Esquire, counsel for Father ..l ,)fhomas M. Clark, Esquire, counsel for Mother \f;~.Nt\lASNN~d '1!\lnn"') ("11':',,'~c:C:;:'li!rl""l I\..U'-l .v~~ _.' - -,.~j- v 2S :2 Wd O~ liON ~OOl l' '\.I' :)'1. 'rv "0" 'd :JH' '0 ".all'. l'-hA1J.: d ... J.:l 3Jf~30-031Ij THOMAS R. SMITH, Plaintiff v CHASITY J. RAMERIZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2419 CIVIL TERM IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 7th day of February, 2005, upon consideration of Plaintiff's petition for modification of custody with respect to the parties' child, Brittany Nicole Smith (date of birth May 5, 1990), and following a hearing, the record is declared closed, and the matter is taken under advisement. ~obert L. O'Brien, Esquire 19 West South Street Carlisle, PA 17013 For the Plaintiff /~radley A. Winnick, Esquire 130 W. Church Street Suite 100 Dillsburg, PA 17019 For the Defendant :mae By the Court, '1b/ Jr. i Wesley 01 ,Jr. J. V V /~ 0;(- /0 - O.!5 c; ~\ n , " ~-_.._---- SHERIFF'S RETURN - REGULAR CASE NO: 2003-02419 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH THOMAS R VS RAMERIZ CHASITY J RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon HEISER MICHELLE the WITNESS , at 1433:00 HOURS, on the 3rd day of February, 2005 at 500 SOUTH BROAD STREET MECHANICSBURG, PA 17055 by handing to MARK LEIDY, PRINCIPAL, ADULT IN CHARGE a true and attested copy of SUBPOENA together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 ~j.~~<~- R. Thomas Kline 02/04/2005 OBRIEN BARIC SCHERER Sworn and Subscribed to before me this / IE- day of . Jd'/lj .2txz: _ A.D. {h.. ()h, ,IlP-, w ~ Prothonotary , By: 'L I (~ Deputy Stier SHERIFF'S RETURN - REGULAR CASE NO: 2003-02419 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH THOMAS R VS RAMERIZ CHASITY J RON KERR Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon HEISTAND GAIL the WITNESS , at 1433:00 HOURS, on the 3rd day of February, 2005 at 500 SOUTH BROAD STREET MECHANICSBURG, PA 17055 by handing to MARK LEIDY, PRINCIPAL, ADULT IN CHARGE a true and attested copy of SUBPOENA together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: -r"'(;;:':~".. ,.. ., "'''X~',~",'';''<.u-.,r^.."". '~"" /---:~ ";,:""~:::.,,,:.::--{.;;.,,,.:t..(;~ R. Thomas Kline 02/04/2005 OBRIEN BARIC SCHERER Sworn and Subscribed to before By: (L I( Deputy Sheriff me this ilE day of J.~ :JOV:{. A.D. ~ Q. ~A>>L-0. tJf7 Prothonotary . SHERIFF'S RETURN - REGULAR CASE NO: 2003-02419 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH THOMAS R VS RAMERIZ CHASITY J RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon MCCALLISTER CLAY the WITNESS , at 1433:00 HOURS, on the 3rd day of February 2005 at 500 SOUTH BROAD STREET MECHANICSBURG, PA 17055 by handing to MARK LEIDY, PRINCIPAL, ADULT IN CHARGE a true and attested copy of SUBPOENA together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~;i~ .".... ,., .. ~ , .:~:;:~~~~:-";~ -I' R. Thomas Kline 02/04/2005 OBRIEN BARIC SCHERER Sworn and Subscribed to before me this II t;. day of tel:: OW"". A.D. uD ~~ ~r~' Prothonotary J By: lL {C-- Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02419 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH THOMAS R VS RAMERIZ CHASITY J RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon PINOS JASON the WITNESS , at 1433:00 HOURS, on the 3rd day of February, 2005 at 500 SOUTH BROAD STREET MECHANICSBURG, PA 17055 by handing to MARK LEIDY, PRINCIPAL, ADULT IN CHARGE a true and attested copy of SUBPOENA together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~.~,~._~,,?_.:,4' j{ R. Thomas Kline "Co ;, 02/04/2005 OBRIEN BARIC SCHERER me this 1/ "'" day of .f~ cJlJb,f A.D. ~" Cl )JtAJa..J A#,,-r othonotary ,-(7 'z. c.sv, \ c.. Deputy Sheriff Sworn and Subscribed to before By: THOMAS R. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHASITY J. RAMERIZ, Defendant NO. 03-2419 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of February, 2005, upon consideration of Plaintiff's petition for modification of custody, and following a hearing held on February 7, 2005, with respect to the parties' child, Brittany Nicole Smith (d.o.b: May 5, 1990), it is ordered and directed as follows: I. With respect to custody, the prior Order of Court dated February 20, 2004, shall remain in full force and effect with the following addition: 2. The mother shall obtain psychiatric treatment for the child within two weeks of this order. BY THE COURT, ~bert L. O'Brien, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff Aadley A. Winnick, Esq. 130 W. Church Street Suite 100 Dillsburg, PA 17019 Attorney for Defendant /..-, /' , 1/ (/ ;>1 .. !/VC-r X Cr'/ I / . 'WY '+- L J. / esley Oler,dt, J. I. '> " :rc mOMAS R. SMITH, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-2419 CHASITY J. RAMIREZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CIVIL CONTEMPT 1. Petitioner is Thomas R. Smith the Plaintiff in the above-captioned matter. 2. Respondent is Chasity J. Ramirez the Defendant in the above-captioned matter. 3. Respondent initially violated the Court Order (attached hereto and incorporated herein as Exhibit' A' .) in the above-captioned matter by accommodating the Child's refusal to go with Father. 4. Father has had regular visitation granted him in the above referenced case since November 2003. Father last had visitation with his daughter the weekend of May 26,2006 through May 29, 2006. The next scheduled visit was to be June 9th, his scheduled weekend, which would have begun the two week visitation schedule for summer. This schedule has been followed for the past two summers, 2004 and 2005. 5. The child, Brittany Smith, called June 8th at 11 :30 pm and left a message on her Father's cell phone that she would not be coming to visit him the next day. She stated that she wanted to spend the ftrst two weeks of her summer vacation in Pennsylvania, due to friends moving away and her cousin's 16th birthday party. 6. Father returned the call at 11 :47 pm that same evening and spoke with Respondent. She told him that Brittany was 16 and could choose whether she went with him or not. Respondent was not going to make Brittany go if she did not want to. He reminded Mother that it was his scheduled weekend with Child even if she did not want to come for two weeks. Mother agreed it was his scheduled weekend and said that he could pick the child up the following day, June 9th, at 5:30 pm. 7. On June 9th, Plaintiff drove from his Maryland home to Respondent's residence where Respondent informed him at the door that he could not take the child with him. Mother stated again that Brittany did not want to go and being 16, did not have to follow the terms of the court order. 8. Father then called Upper Allen Police Department to have an Officer respond to Mother's residence. Officer Brian J. Barnes responded and spoke with Mother and Child. Both stated at that time that Brittany did not want to go with Plaintiff "during the next two weeks" and would go with him for the following two weeks. Mother stated that she was not going to make Brittany go if she did not want to. Officer Barnes then communicated the wishes of the Mother and Child and requested Father return to Maryland and pick up his daughter on June 23rd. 9. Father again drove from his residence in Maryland on June 23rd to pick up his daughter. Respondent came out the house stating that she did not have to allow the visit because the Child was 16 and could make her own decision regarding visitation. Father informed her she was in violation of the Court Order and needed to take him to court if she wanted to change the Order. Mother again stated she did not have to abide by the Court's Order because the Child was 16 and could make her own decisions. She was not going to take Father to Court; the Child was simply not going to come out of the house. 10. The Upper Allen Police Department was called and Officer Barnes responded. He went inside and spoke with Mother and Child. He then came out and informed Father that the child stated she never wanted to go with him again. Mother had no intention of making her go if the Child did not want to. Officer Barnes then told Father that there was nothing more that he could do. He advised Father not to keep coming to the residence to pick up Child and to file his grievance with proper authorities in Pennsylvania. 11. Father has had no contact with his daughter since May 29th, 2006. 12. Respondent has also violated the Court Order by discontinuing tutoring for the Child. The Child last had tutoring before the end of the last court proceedings on February 7, 2005. Child failed her 2004-2005 school year as well as this past year, 2005-2006. Child's cumulative GPA for 2004-2005 was 57.65 percent and the cumulative GPA for 2005-2006 was 62.01 percent (attached herein as Exhibit 'B'). Child currently has lout of 11 total possible credits for both school years. Despite the failing grades, Respondent has repeatedly refused to get Child any tutoring from either her teachers or outside the school system. 13. Respondent again violated the Court's Order (attached herein as Exhibit 'C') by not taking the child for any psychiatric treatment. The Court Order from February 24th 2005, instructed Mother "to obtain psychiatric treatment for the child within two weeks of this order." To the Plaintiff's knowledge, the child was seen at an intake clinic in Summer 2005 and has not been back for treatment. WHEREFORE, Petitioner respectfully requests that the Court find that the Respondent is in contempt, enforce the current Custody Order and issue appropriate sanctions including but not limited to the Petitioner's attorneys fees and court costs. Respectfully Submitted, Lisa C. Moser Representative for Plaintiff! Petitioner 11547 Summer Oak Drive Germantown, MD 20874 (301) 655-6053 VERIFICA nON I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. 11M ~ THOMAS R. SMITH, Petitioner Certificate of Service I hereby certify that on August 4, 2006 I, Lisa C. Moser, Representative for Plaintiff/Petitioner, did serve a copy of the Petition For Contempt, by Priority and First Class U.S. Mail, postage prepaid, to the party listed below as follows: Chasity J. Ramirez, Defendant/Respondent 643 Cumberland Pointe Circle Mechanicsburg, Pennsylvania 17055 Attached hereto is the Certified Receipt of Mailing. Lisa C. Moser Representative for Plaintiff/Petitioner ~ C Ll'l C U.S. Postal Service CERTIFIED MAIL RECEIPl (Domestic Mall Only: No InslJrance Coverage Provided) I~ 'D" ..lJ rn . c CertlfIed .... ~I RlIlum Rl!!l8fpt Fee (EncIonIement F\eQIIInId) C Aeetricled 0elIv0 Fee ~ (EndoNement R~lred) , C total !'oataQe " HIes $ f'eor AL , $0.87 US.E .,',- .'. ." .-. 087' Postage . j2.40 $0.00 $0.00 j3.27 03 I>osIrnMc HenI 08/04/2006 ..D C 0 C J"- ~A,Otiiiii.r.-""'-'._-"".'."'-'-.""-"._""'."--_.'-'_.'-..--- or PO Bole No. ~-Siii8;aP+:i.."-._..__.."~:"--...!'O"'."'f.~"jo"'-"',!,,"'--"""~~"~j("ilI9oo!."""--...,'..............-.....-..-. pc) I ill '1 100 J JlJI11 I (IL !' H, j( J ,( frn In IliJlll(J!l, EXHIBIT A \ . (!. C . J h tJYYl.AJ ..:)nt'T J.-. ~. THOMA~: R. S:MITH, P12. ntiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW CHASIT'[. J. RAMERIZ, De::endant NO. 03-2419 CIVIL TERM ORDER OF COURT. M.D NOW, this 20th day of February, 2004, upon consideration of Plaintiffs Petition f:'r Modification of Custody and ofPlaintiWs Petition for Contempt with respect to the pcties' child, Brittany Nicole Smith (d.o.b. May 5, 1990), it is ordered and directed u follows: 1. With respect to custody 11; The parties shall share legal custody of the child; provided, that in the event of a dispute on a matter relating to the child's education at her present school, the decision of Plaintiff, the father, shall prevail; b. Primary physical custody of the child shall be in Defendant, the mother; c. Temporary or partial physical custody of the child shall be in Plaintiff, the father, at the following times: (1) During the school year, (a) On alternating weekends, from after school on Friday until Sunday at 5:30 p.m.; provided, that where the following Monday is a federal holiday, Plaintiff's period of temporary or partial physical custody shall extend through Monday until 5:30 p.m.; (b) During Christmas vacation, from Christmas Day at 5:30 p.m. until December 3.0 at 5:30 p.m.; (c) On alternating Thanksgiving holidays from the Wednesday before Thanksgiving at 5:30 p.m. until the following Sunday at 5:30 p.m.; .., - '1 ':"'. ~: ~ ". i'". r~.-~j~tj//'i/ i (2) During the summer, for alternating two- week periods; d. Transportation for purposes of exchanges of custody shall be the responsibility of the party receiving custody; , €JIn the absence of an agreement by the parties to the contrary, the child shall be enrolled in the structured study hall program, the mentoring program, and one or more tutoring programs available at her school; f. Neither party shall accommodate a refusal of the child to abide by the custodial terms herein; and g. Nothing herein is intended to preclude the parties from deviating from the custodial tenns herein by mutual agreement. 2. With respect to contempt, the petition for contempt is dismissed. BY THE COURT, y6b:rt 1 0 'Brien, Esq. /.. Attorney for Plaintiff a Barbara ::h Wevodau, Esq. Attorney for Defendant :rc EXHIBIT B Mechanicaburg Slinior High School 5040 Biology L2 8100 Dr Ed '1'h 1042 ling 10 L2 8040 G PB 9/10 .;,.': 3220 J:nt.eg Mafh 2 6190 Micro 6175 Sptsa 2040 Worl REPORT CARD School Year: 05-06 1'-IHCWEROCMT s..lJlJaft-.... I. D . If. I' . JU:PaR1' nus I SCHOOL PHONIC I 10 213 80340 4 06/14/20061717-691-4530 M.P..1 M.P. FIRS1' _'1" 3 M.P. 4 SI1CO.ND ',,.., B1IH B1IH B1IH 1T'IN CRS Jtxk JlIUJ U GR.D QRD AVG i Mr. Wint:on F,.~.,,,;.~,,,p0057 0 Z 69 L Iii ';"5-5. ""S1" ';'.1,0 IO!'- 57 [) 57 62 62 Mr. ~. ~~.:'k:..~t':;.. . o. 2!ti I.... 'A . ,,'. ,., /:IIL '.... ,,,. '.',~:iii"'~k_. 50 !if l' 61 61 .,.:.~" ~~'il'.f."" "" f"iU:,....~ '*:. r.:-;'. ..~ '.... ":1;'0 . ,.t-n j"'Ji.l .. Mz;~~ Book (' ';\lL . 000 80 ~ G 60 N" T '\;..It [1a"68 ~ . 60 IV " N IT 61 61 65 ," II1LYs ""- I' ~ ~<'J'O. 250 40 40 "'oUl:;,,,~ 40 0 19 ~ ~'. <<'",_ 30 35 b4r. Mo~riH5""- 1. 1 C Iv 77" 9: v 61,?o 63 IY ~ . 34 ,~~,.,g, __6! ~.,~:,{i11?C 0.5 8 : 7.2-' Q, ~ Ur 79 , liO!"'; ,i \'k<"""I-,.,,, i ~_.~8er ' .... O.SOOH/A' ."~"[:. /~'~~k .~72 C IDr't,!C}:'79 79 I Nr~, 1 Ic,tO ~~ 60', '. b 'lO c IT,,;. ~O 60 60 , ~;.. '.. ! ., .. , IJ' JI; , rl:.~;1'l . cs. H .... L...~: IJI'. ~'f<'!" . I ~~ t.. .... ill" I i!~ ,Ii Smith, S~i NANI1 Brittany N I :~h.Ia.. . ,-~ ...",wI'{:p!p ',. . . .. . "Ii. _L~;" .",. t~ ~ .. ....-./., --. J' J:..-.l ~ --. . 1;.. ,,Ii ~.' ~.f" "Il .~~,.- I l~~":r,.J~~:' It "lioi... .ii" ~ '!!~~. ~'.<' r t ~, S~'S 1 G.RAnI: CurreJ I t Q/lm BISroRY: Curr8J1 t tfum A ... 93 - 100 ~4 '.. B=85-92 ~ C ... 76 - 84 D ... 70 - 75 F - below 69 I = Incomplete NG = No Grade M = Medical P/F = Pass/FaL H = Honors W == Withdrew WP = Withdrew ]:as.ing WF == Withdrew Failing A1'DiNnANc:I: J:xoDlrecf UDexoVi1la.. Ot:her 1'a.r~ Partial mISPDIOD 0.0(1 5.0CI O.OCI O.OC' o .OC ~... l'!'--" ... 1'0 D: 0.00 9.00 0.00 ZOO O. 73 80. o 60 j~hl 63 000'''' 64.400)( 66. 800'~ .....;., ""iij i. I". . IU II. fl~" 9.4800 71. 220( 73. 700C ..Iii'~ .1 ,i. 'ts S Q T W X Y it Z " V G Creat ve wor B Satisfactory achievement L Lack of cla.s participation N Not working to potential o Low testlquiz scores Finds course work difficult Heeds to impr0V8 study habits Heeds to ...k teacher I tu1:or help Ab.ences hinder aahieV8lllent Failed to complete a...ssment project Parent-Teacher conference requested Failure to complete assignments ,:(ft)A Credi ts ~. 0095 1.000 :.9733 1.000 spectful : ence in ol..s Standing 288 of 293 287 of 293 ..' . ..... - ::..,,,., ,.~ -.. """. ":<~ ..,." .,.....,..."...." Mr. Thomas : Imi th 11547 Swam." Oak Drive Germantown, Me 20874 . JlBSSAQB: Have a Ilafe and enJoyable swamer! See you in the fall! . \./~_____ I .---- ,< I (r,~---<-. , L...L I ..... u: ' · 01>- I ~~ ~ 88~~!18~ . ~) ~~ i" - . . · ~ i ; ci ~_._._.. . . .".., Z ~ '1 ..., ~ < I ffi l~ ~ fR S! ~ 91 ~ ;; !~ ~ Jj . . . ----i ! 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RAMERIZ, Defendant NO. 03-2419 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of February, 2005, upon consideration of Plaintiff's petitioll for modification of custody, and following a hearing held on February 7, 2005, with rc:;pect to the parties' childt Brittany Nicole Smith (d.o.b: May 5, 1990), it is ordered and diJI~cted as follows: 1. With respect to custodYt the prior Order of Court dated February 20, 2004, shall remain in full force and effect with the following addition: 2. The mother shall obtain psychiatric treatment for the child within two weeks of this order. BY THE COURT, RobertI.. O'Brien, Esq. ",19 West South Street ./ Carlisle, PA 17013 AttomeJ' for Plaintiff Bradley l~. Winnick, Esq. 130 W. Church Street Suite 10f: Dillsburl!, pA 17019 Attorney for Defendant :rc ~~ CO? - ..c. ...t) c pj.J ~ if ~ . ;:R (:0 :boo ~ ~;E ?j ~~ ~ ~~~ c; ~6 ~ ~8 ~ ~~ ~ ~ ~ i :9 -c .. THOMAS R. SMITH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2419 CIVIL ACTION LAW CHASITY J. RAMIREZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 17, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumherland County Courthouse, Carlisle on Thursday, September 14. 2006 at 8:30 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 conference 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 hearinl!. FOR THE COURT. By: Isl Be ueline M. Verne Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Oisabilites 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 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 (717) 249-3166 . ,p ~/II" _ ~ IUv 1M/.$ /'1'./0 II? '7-1"t":' ~f'9 '17$1 $ '1\\'\'VI0JS\'\tf3d ~Nf\O,..' r,l ",:^\:n8\f\(lO ~ \ :~\ \rid ~ \ ':l\\'l ~\\\\7. ,UTI Q"o'. '\'0" \ :lU\ '0 f\U'.\! I"~ .n~ [1o.:'\'Uo;:.l 3')\:\:.0-(\:\ II:!. , ... . F~J.::~ (~ --*-~ '\ l T:~-~-) THOMAS R. SMITH, Plaintiff/Petitioner SEP ! 4 2006 Y I BY : ,.tIl~:______'__n_ ...,'-= : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2003-2419 CIVIL ACTION - LAW CHASITY J. RAMERIZ, Defendant/Respondent : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of consideration of the attached Custody Conciliation R follows: , 2006, upon ort, 'it is ordered and directed as 1. The prior Orders of Court dated February 20, 2004 and February 24, 2005 are hereby vacated. 2. Mother shall have sole legal custody of Brittany N. Smith, born May 5, 1990. 3. Mother shall have sole physical custody of the Child. 4. The child may contact Father at her discretion. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc:~mas R. Smith, pro se 11547 Summer Oak Drive Germantown, MD 20874 vf21iasity J. Rameriz, pro se 643 Cumberland Pointe Circle Mechanicsburg, P A 17055 J. ~ N ~ 0 :::><( ~Z :c 0- 0 :.)2 a:~ 0... .~ '.l.. ,~ ~fE 0 .;) 5:! N .~~ ~W 0... a:Z U:i!: LLJ u.J~ en OJ u.. ..a :e = a 0 = C'oo.I THOMAS R. SMITH, Plaintiff/Petitioner fRECEIVEfY SEP 1 4 2006 BY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-2419 CIVIL ACTION - LAW CHASITY J. RAMERIZ, Defendant/Respondent : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DA TE OF BIRTH CURRENTL Y IN CUSTODY OF Brittany N. Smith May 5, 1990 Mother 2. A Conciliation Conference was held in this matter on September 14, 2006, with the following individuals in attendance: The Father, Thomas R. Smith, pro se, and Mother, Chasity 1. Rameriz, pro se. 3. The Honorable J. Wesley Oler, Jr. entered prior Orders of Court dated February 20,2004 and February 24,2005 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends and alternating two weeks in the summer. 4. The parties agreed to the entry of an Order in the form as attached. cr - Ii-I -() fo Date ~e~~s~~ Custody Conciliator