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HomeMy WebLinkAbout08-0705r David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Plaintiff, Anto Toms ANTO TOMS, PLAINTIFF VS. BETTY A. TOMS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1)8- 11p.5 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone Number: (717) 249-3166 or 800-990-9108 N David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE 4800 LINGLESTOWN ROAD, SUITE 309 HARRISBURG, PENNSYLVANIA 17112-9507 ANTO TOMS, PLAINTIFF VS. BETTY A. TOMS, DEFENDANT Telephone (717) 541-1805 dft@TamaniniLaw.com Attorney for Plaintiff, Anto Toms : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. (>P• 7a CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, ANTO TOMS, by and through his attorney, David F. Tamanini, Esquire, and files this Complaint in Divorce and in support thereof avers the following. 1. The Plaintiff is ANTO TOMS, who currently resides at 222-27 93 Avenue, Queens Village, New York 11428, since on or about July, 2007. 2. The Defendant is BETTY A. TOMS, who currently resides at 5105 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, since on or about July, 2005. 3. Plaintiff is a resident of the State of New York. The Defendant has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 15, 1999, in India. 5. There have been no prior actions of divorce or for annulment between the parties during the current marriage. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to grant the relief requested under Section 3301(c) or 3301(d) of the Divorce Code. Respectfully Submitted, David F. Ta anini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Plaintiff 2 VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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: ©l l '?:- 2aC7?? Anto Tom P -64. 9u ? 90 C a Q ul d r?r? ?' c.. V ter: c w (5"n 1? David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Plaintiff, Anto Toms ANTO TOMS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 08-705 CIVIL TERM BETTY A. TOMS, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE PRAECIPE To the Prothonotary of Cumberland County: Please reinstate the COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE filed in the above-captioned matter. Date: op avid F. Tam ini, Esquire Attorney ID No. 27775 TAMANINI LAW OFFICE 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Plaintiff r-QN C V - r hp BUL - o -J C ANTO TOMS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO 08-705 CIVIL TERM BETTY A. TOMS, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code. Dated: q son 1/13/0 Betty A. Tom cW '? 50 Cl r-; ry CZ) 1 .?. 0 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant ANTO TOMS, Plaintiff vs. BETTY A. TOMS, Defendant To the Prothonotary: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-705 CIVIL ACTION - AT LAW DIVORCE Please enter the appearance of Jeann6 B. Costopoulos, Esquire, as attorney for the Defendant, Betty A. Toms. By: Dated: l f d r JEXNNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: David F. Tamanini, Esquire 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112-9507 By. JBkCNE11. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant Date: ) ???c U ?) f : w ra c? G '1'! . ?' ? `i't. ts.y ??? C"i"1 -i 0 David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Plaintiff Anto Toms ANTO TOMS, PLAINTIFF : VS. BETTY A. TOMS, : DEFENDANT 1. The Plaintiff is ANTO TOMS, residing at 222-27 93rd Ave., Queens Village, New York, NY 11428. 2. The Defendant is BETTY A. TOMS, residing at 5105 Kylock Rd., Mechanicsburg, PA 17055. 3. Plaintiff seeks shared legal custody and partial physical custody of the IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-705 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY following children: NAME PRESENT ADDRESS AGE Thompson P. Toms Matthew P. Toms 5105 Kylock Rd., Mechanicsburg, PA 17055 5105 Kylock Rd. Mechanicsburg, PA 17055 The children were born of this marriage. 5 DOB 8/23/2002 3 DOB 4/23/2004 The children are presently in the custody of Defendant. During the past five years, the children have resided with the following persons and at the following addresses: LIST ALL PERSONS ADDRESSES DATES Defendant 5105 Kylock Rd. July 2005 to Present Mechanicsburg, PA 17055 Plaintiff and Defendant 5320 Oxford Circle April 2002 -July 2005 Apt# 93, Mechanicsburg, PA 17055 The mother of the children is Betty A. Toms, who is currently residing at the above address. She is married to the Plaintiff. The father of the children is Anto Toms, who is currently residing at 222-27 93rd Ave., Queens Village, New York, NY 11428. He is married to the Defendant. 4. The relationship of Plaintiff to the children is natural father. The Plaintiff currently resides with: Himself NAME RELATIONSHIP 5 The relationship of Defendant to the children is natural mother. Defendant currently resides with: unknown NAME RELATIONSHIP The 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of these minor children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff has been systematically excluded from the children's lives since 2005. The Plaintiff, who loves the children can provide the children with the benefits of a father's involvement in their lives. WHEREFORE, Plaintiff requests this court to grant shared legal custody and partial physical custody of the children to the Plaintiff. Respectfully submitted, c ?,1-2 0 David F. Tama'fini, Esquire Attorney ID No. 27775 TAMANINI LAW OFFICE 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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: 'Y 7 ?'?? Anto oms C l n ANTO TOMS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BETTY A. TOMS DEFENDANT 2008-705 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 25, 2008 , 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, May 23, 2008 at 9:30 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. 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: /s/ Hubert X. Gilroy 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 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 ? ??. ? ? ?? ?? v+iui. _. m. ? ? < ? ? ??.-, -? ? 4 f"t?t 4' _ .a t ._ v %oN 0 3 2008 ANTO TOMS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW BETTY A. TOMS, NO. 2008-705 Defendant IN CUSTODY COURT ORDER AND NOW this , l `T day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 3 of the Cumberland County Courthouse on the day of 2008 at , /S'.m. At this hearing, the father, Anto Toms, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further order of this Court, counsel for the parties shall work between themselves to develop an interim custody order which provides the father with some meaningful type of visitation with the minor children prior to the hearing. In the event the parties are unable to reach any agreement on that issue, legal counsel for the parties may conduct another telephone conference call with the Conciliator on this issue and the Conciliator may file with the Court a recommended order to address a visitation schedule. 3. The parties are further directed to cooperate between themselves with respect to some informal discovery prior to the hearing and, in the event there are any issues with respect to the providing of requested information, legal counsel for the parties may also contact the Conciliator to address that issue. 3 4. The father shall retain the option of requesting that Eliza Mary Toms, who was born on September 12, 2007, be named as an additional child who will be subject to the final custody order entered in this case. cc: Zvid F. Tamanini, Esquire ?Jeanne B. Costopoulos, Esquire l.:orf,S rritIc LCL L f s?og BY THE COURT J. L ? ;01 Wd S- NRC 8002 40 ANTO TOMS, Plaintiff v BETTY A. TOMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-705 IN CUSTODY 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: Thompson P. Toms, born August 23, 2002, and Matthew P. Toms, born April 23, 2004. 2. A Conciliation Conference was held on May 28, 2008, via a telephone conference with the Attorneys for the parties and the Custody Conciliator. 3. The father has not seen the children since April of 2007 and it appears a hearing is necessary in order to move this case forward to a resolution. Father lives in New York and because of a schedule conflict with legal counsel for the mother the Conciliation Conference needed to be rescheduled. Father's concern was the matter was being delayed and he was still not seeing the children, and father suggested that the case should be scheduled for a hearing. The Conciliator agreed to retain jurisdiction and contact with the parties in an effort to resolve the issue short of a hearing. 4. The Conciliator recommends an order in the form as attached. Date: 2 k X Hubert X. fail'roy, Esquire Custody onciliator r ANTO TOMS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-705 CIVIL TERM BETTY A. TOMS, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this 4th day of August, 2008, after hearing, we enter the following Temporary Order: 1. Mother shall have full legal and physical custody of the children, Thomson Toms, born 8/23/02, and Matthew Toms, born 4/23/04. Provided, that Mother shall communicate with Father by e-mail regarding the health, welfare and development of the children. She shall regularly send him pictures and information regarding the children and shall answer every inquiry made by Father. 2. Upon surrender of the children's passports and birth certificates to Mother, Father shall be entitled to visit with the children from noon until 5:00 two Saturdays per month. Said visits to be conducted in Cumberland County and in the presence of Mother or an agreed-upon third party until such time as the children are re-acquainted with Father. Father must give Mother at least five days' notice of his intent to exercise said visitation. Said notice to be by e-mail. 3. Mother shall make the children available to talk to Father by phone at least two evenings per week for up to 15 minutes per evening. Father may use e-mail to arrange said phone contacts. 4. We will hold another hearing on Thursday, November 6, 2008, at 1:00 p.m., to hear testimony regarding a revision of this Order. Toms v. Toms 08-705 Civil Term /avid F. Tamanini, Esquire ??4800 Linglestown Road, Suite 309 Harrisburg, PA 17112-9507 Attorney for Plaintiff /eanne B. Costopoulos, Esquire S 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Defendant srs By the Court, f E. l1.! --H- ziC `ti . -:ITH David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAw OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Petitioner/Plaintiff Anto Toms ANTO TOMS, Petitioner/Plaintiff VS. BETTY A. TOMS, Respondent/Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-705 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Petition for a Finding of Contempt of Court and Modification of the Existing Order NOW COMES the Petitioner by his attorney and avers as follows: 1. On August 4, 2008, this Honorable Court entered an Order granting full legal and physical custody of the children, Thompson Toms d.o.b. 8/23/2002 and Matthew Toms d.o.b. 4/23/2004, to the Respondent provided she conformed to the proviso of the Order of Court. (See attached) 2. The Respondent breached the terms of the Order and secretly went to India with the children at some time on or about early August 2008. 3. The Respondent unexpectedly returned to the United States on or about September 12, 2008, and granted the Petitioner his first visitation with the children since the Order of August 4, 2008, and after remaining incommunicado since the first week of August, 2008. 4. No in-person visits had previously occurred between the Petitioner and the children. Petitioner got his first visit on September 13, 2008. He turned over the old passports and birth records for the children as required by this Court's Order 5. As a result of her disappearance, the Petitioner has incurred over $2,900 in attorney fees and costs to find the Respondent and prepare numerous documents for filing with this court to be enforced in India, to compel Respondent's return to the United States. 6. As the Petitioner was prepared to file numerous documents for this court's consideration on September 12, 2008, to be used in cooperation with a legal action by the attorney in the Republic of India, the Respondent and her attorney emailed Petitioner and his counsel the announcement of her return. 7. Respondent's egregious behavior and some of Petitioner's responses to her apparent abduction of the children are enumerated below, including her secretly securing new passports for the children by use of this Court's prior Order granting her full custody (provided she communicate with the Father by e-mail regarding the children) and/or by perjurious representation to the U. S. Department of State. 8. Petitioner initiated email contact with Respondent on August 5, 2008 and repeatedly, but except for one email reply and the forwarding of photographs, Respondent has violated all terms of the Order up to September 11, 2008. 9. On August 12, 2008, counsel for Respondent emailed Petitioner and advised that she had been asked by her client to inform him that she was out of town 2 and unable to check email. He was assured that Respondent would respond upon gaining internet access. 10. After further inquiry to Respondent's counsel on August 22, 2008, Petitioner's counsel was informed by email from Respondent's counsel that Respondent was leaving town to visit a sick relative without disclosing her whereabouts, and Respondent would forthwith contact Petitioner. Upon a second inquiry to counsel on August 28, 2008, via email that the Respondent had not been heard from, no response from counsel was received until the above-mentioned September 11th email. 11. The Respondent was discovered to be at PADUTHOTTE HOUSE, City of Cochin, State of Kerala, Republic of India, with the children. 12. The Petitioner continued to email the Respondent without reply until her return on or about September 12, 2008. 13. There was perceived to be an immediate danger of further flight to hide herself and the children if the Respondent discovered the proposed motion for ex parte action before service upon her, and she thereafter would have fallen under the jurisdiction of the appropriate court in India for enforcement. The Respondent is a native of Quatar who possesses a U.S. passport, but may retain Quatar citizenship with her U.S. Citizenship. The subject children of the marriage may also possess Quatar citizenship. 14. India would have recognized a valid court order rendered in the United States. 15. The Respondent and children were with her parents in India. Her parents, also naturalized citizens of the U.S., were living with her in Camp Hill, Pennsylvania. 3 Respondent's father is P.M. Chacko, a/k/a Jacob Matthew, a person who owns three houses in India and was suspected of having aided and abetted the removal of the children to India. The Respondent's mother is Aleyamma Chacko. 16. There was a perceived substantial risk of further flight by the Respondent to another location in India or places elsewhere if she was made aware of the Petitioner's numerous pleadings and this Court's potential issuance or enforcement of its orders. 17. This Court may issue an Order empowering the Petitioner to submit a Request for Entry into Children's Passport Issuance Alert Program. (See attached form DS-3077) 18. Petitioner served a copy of this Petition on counsel for the Respondent seeking concurrence. It is anticipated that complete concurrence will not be forthcoming. WHEREFORE, the Petitioner respectfully requests that this Honorable Court order that the Petitioner shall surrender all passports for the children, Thomson Toms, born August 23, 2002, and Matthew Toms, born April 23, 2004, to her attorney for safekeeping until further Order and that she remain in Cumberland County with her children until further order of the court. Further, that the Respondent be held in Contempt of Court and ordered to pay all attorney's fees and costs incurred by Petitioner for the return and recovery of his children to the United States. 4 Further, that this court consider a modification to the legal and physical custody of the children. And further, that the court issue an Order empowering the Petitioner to submit a Request For Entry Into Children's Passport Issuance Alert Program. And such other relief as this Court deems just. Respectfully submitted, David F. Tama squire Attorney ID #27775 TAMANINI LAW OFFICE 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112-9507 Telephone: (717) 541-1805 Facsimile: (717) 541-1807 5 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 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: q ", ?" 3 '" Z od? Anto s ` ANTO TOMS, IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 08-705 CIVIL TERM BETTY A. TOMS, CIVIL ACTION - LAW RespondenVDefendant IN DIVORCE CERTIFICATE OF SERVICE I, Marie K. Zeigler, Assistant to David F. Tamanini, Esquire, attorney for the Petitioner/Plaintiff, hereby certify that I am this day serving the foregoing document upon the following person, in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jeanne B. Costopoulos Attorney and Counselor At Law The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: 2 d g A4 z; ? ? ;; 6, - zt 5. e_7-? Marie K. Zeigler, Assiaf/ant I David F. Tamanini, Esquir Attorney ID No. 27775 TAMANINI LAW OFFICE 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 Attorney for Petitioner/Plaintiff ANTO TOMS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-705 CIVIL TERM BETTY A. TOMS, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this 4th day of August, 2008, after hearing, we enter the following Temporary Order: 1. Mother shall have full legal and physical custody of the children, Thomson Toms, born 8/23/02, and Matthew Toms, born 4/23/04. Provided, that Mother shall communicate with Father by e-mail regarding the health, welfare and development of the children. She shall regularly send him pictures and information regarding the children and shall answer every inquiry made by Father. 2. Upon surrender of the children's passports and birth certificates to Mother, Father shall be entitled to visit with the children from noon until 5:00 two Saturdays per month. Said visits to be conducted in Cumberland County and in the presence of Mother or an agreed-upon third party until such time as the children are re-acquainted with Father. Father must give Mother at least five days' notice of his intent to exercise said visitation. Said notice to be by e-mail. 3. Mother shall make the children available to talk to Father by phone at least two evenings per week for up to 15 minutes per evening. Father may use e-mail to arrange said phone contacts. 4. We will hold another hearing on Thursday, November 6, 2008, at 1:00 p.m., to hear testimony regarding a revision of this Order. Toms v. Toms 08-705 Civil Term /avid F. Tamanini, Esquire 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112-9507 Attorney for Plaintiff Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Defendant srs TRUE COPY FROM RECORD In Testimony when c. of, I. h; a No set my hand orod a seal of said Covrt got- . da of.Pa. ......1.. . • } honotary By the Court, U.S. Department of State OMB APPROVAL NO. 1405- EXPIRATION DATE: 07-31-2000 REQUEST FOR ENTRY INTO ESTIMATED BURDEN: 50 Minutes' ILDREN'S P REQUEST FORM An alert request may be filed as to an unmarried child under the age of 18. This request can be filed by concerned parents of U.S. children (other than parents whose parental rights have been terminated by court order), their appointed agents, or other persons having legal custody of the child.Complete one form for each child, and submit the completed request along with proper documents to the Office of Children's Issues by fax or mail. 1. Please provide information about the child in order to make the alert system effective. Please Print clearly or type the information. Child's Name (Last, First, Middle) Date of Birth (mm-dd-yyyy) Sex: ? Female ? Male U.S. Passport Number(s), if any Place of Birth Social Security Number 2. Please provide the following information about yourself so that we can acknowledge your request, and alert you in the future. Your Name (Last, First, Middle) Documentation of Identity Provided: Driver's License Other Form of Photo Identification with ? ? Signature Relationship to the Child Shown Above Documentation of Parentage, ? Birth Certificate ? Adoption Decree Guardianship Legal Custody, OR ? Consular Report of Birth Abroad (CRBA) ? Court Order Authority to Act on Behalf of Parent or Legal Guardian, as ? Evidence of Authority to Act on Behalf of Parent or Legal Custodian applicable: ? Other Mailing Address NOTE: Since the Department will need to contact you, it is very important that you keep us informed in writing or by telephone of any changes to your contact information. Failure to notify this office of your correct address and phone number may result in passport issuance for your child without your consent. Telephone Number(s) E-Mail Address Fax Number(s) 3. 1 request that the U.S. Department of State notify me if it receives a U.S. passport application for the above-mentioned child, or if an application is currently pending, or if there is any U.S. passport still valid for the child's travel. Signature Please read the Dual Nationality for Children information accompanying this form. It is about a child who may have a foreign nationality in addition to U. S. nationality. Please submit via fax or mail the completed form along with the proper documents to the U. S. Department of State, Office of Children's Issues, 2201 C. Street, N. W, CA10CS/C1, Washington, DC 20520-2818; FAX. 202-736-9133. You will receive written acknowledgment and additional information. 08-2006 Page 1 of 2 U.S. Department of State DUAL NATIONALITY FOR CHILDREN Many children, born in the U.S. or born abroad to a U.S. citizen parent, are citizens of both the U.S. and another country. A child may acquire the citizenship of a foreign country, for example, through the child's birth abroad, or through a parent. There is no requirement that a U.S. citizen parent consent to a child's acquisition of another nationality. The inability of a person to obtain a U.S. passport for a child (for example, because of the "dual-parent signature" requirement) does not prevent a dual national child from obtaining and traveling on a passport issued by another country. U.S. law and regulations concerning the issuance of U.S. passports do not apply to foreign governments when they issue passports to people (including children) who they consider to be citizens of their country, even if the foreign passport is issued in the United States and/or to a person the United States considers to be a U.S. citizen. If you think there is a possibility that your child may have another nationality, you are encouraged to contact the relevant country's embassy or consulate directly to inquire about the rules governing the issuance of that country's passport to your child, including the possible availability of mechanisms to prevent the issuance to your child of that country's passport without your consent. The addresses and telephone numbers for the embassies and consulates of foreign countries in the United States are listed on the Consular Affairs Internet web page at: >>http://travel.state.gov << under Foreign Entry Requirements. The U.S. Department of State encourages you to send the Office of Children's issues a copy of any written inquiry in this respect you make to a foreign embassy or consulate. PRIVACY ACT STATEMENT The information solicited on this form is requested pursuant to provisions in Titles 8 and 22 of the U.S. Code, whether or not codified, as well as the corresponding federal regulations, including specifically 22 U.S.C. 211a and Section 236 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, Executive Order 11295 (Aug. 5, 1966), and the regulations contained in 22 C.F.R. 51.27. The primary purpose for soliciting the information is to enable the U.S. Department of State to notify you of any pending U.S. passport applications for the child identified on the form and of any U.S. passport held by the child that is still valid for travel. The child's social security number is requested because that number is a unique identifier used to establish the identity of the passport holder. Filing a request through the Children's Passport Issuance Alert Program and providing the information requested on this form, including the child's social security number, is voluntary. Failure to complete the form may result in a passport being issued to your child without your knowledge. The information solicited on this form may be made available as a routine use to other government agencies, to assist the U.S. Department of State in adjudicating passport applications and requests for related services, and for law enforcement and administrative purposes. It may also be disclosed pursuant to court order. The information may be made available to foreign government agencies to fulfill passport control and immigration duties. The information may also be provided to foreign government agencies, international organizations and, in limited cases, private persons and organizations to investigate, prosecute, or otherwise address potential violations of law or to further the Secretary's responsibility for the protection of U.S. nationals abroad. This would include, among other entities and agencies, disclosure to The National Center for Missing and Exploited Children, Central Authorities of countries party to the Hague Convention on the Civil Aspects of International Child Abduction ("the Convention'), attorneys of record and legal aid services to assist in facilitating operations under the Convention; local police in connection with notification of next-of-kin and child custody disputes; social services agencies; and parents involved in cases brought under the Convention. The information may also be made available to private U.S. citizen 'wardens' designated by U.S. embassies and consulates. For a more detailed listing of the routine uses to which this information may be put, see the Prefatory Statement of Routine Uses and the listing of routine users set forth in the system description for Overseas Citizens Services Records (State-05), found at htto://foia.state.-gov/issuances/i)riviss asp. PAPER REDUCTION ACT STATEMENT Public reporting burden for this collection of information is estimated to average fifty (50) minutes per response. Responses to this package are voluntary. An Agency may not conduct or sponsor, and the respondent is not required to respond to, a collection of information unless it displays a valid OMB control number. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden to: A/RPS/DIR, U.S. Department of State, Washington, D.C. 20520. us-jui i Page 2 of 2 Q ...?a t?i7' ? 9.5 _ 00 0 R? ?/ 00 f Ii \. Y SFP 3 0 [UUU 67 ANTO TOMS, Petitioner/Plaintiff VS. BETTY A. TOMS, Respondent/Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-705 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER 6Z 41-Al AND NOW, this /hr day of-der, 2008, having reviewed the Petition For a Finding of Contempt of Court and Modification of the Existing Order, IT IS HEREBY ORDERED AND DECREED that the Petitioner, Anto Toms, shall be authorized to submit a Request For Entry Into Children's Passport Issuance Alert Program, Form DS-3077, for his children, Thomson Toms d.o.b. 8/23/02 and Matthew Toms d.o.b. 4/23/04. The Respondent shall have 72 hours to turn over all passports for the minor children, Thomas Toms and Matthew Toms, to her attorney, Jeanne B. Costopoulos, Esq., pending further order of this court. All remaining issues in the above-referenced Petition shall be heard at the hearing currently scheduled for November 6, 2008, at 1:00 p.m. BY DISTRIBUTION: Edward E. Guido, J. Jeanne B. Costopoulos, Esq., Executive Offices at Rossmoyne, 5000 Ritter Rd., Suite 202, Mechanicsburg, PA 17055 David F. Tamanini, Esq., 4800 Linglestown Rd., Suite 309, Harrisburg, PA 17112 iCY, -L, , Q 4tv '1.?f amt ,`F 4(5..f L " :8 Wr Z- 13 0 g o o z ANTO TOMS, Plaintiff vs. BETTY A. TOMS, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-705 CIVIL ACTION - AT LAW CUSTODY TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR A FINDING OF CONTEMPT OF COURT AND MODIFICATION OF THE EXISTING ORDER AND NOW, Defendant, Betty A. Toms, by and through her attorney, Jeanne B. Costopoulos, Esquire, submits the following Answer: 1. Admitted. 2. Admitted in part; denied in part. It is admitted that Respondent (hereinafter referred to as Mother) went to India with the children on August 9, 2008. It is denied that the trip itself constitutes breach because the Order does not prevent Mother from travelling out of the country with the children. By way of further answer, Respondent provided Petitioner (hereinafter referred to as Father) opportunity to call the children shortly after the hearing and Father did not call or attempt to see the children until after Mother was making arrangements to go on the India trip. 3. Admitted in part; denied in part. It is admitted that Mother returned from the India trip on September 9, 2008 and immediately granted visitation to Father on September 13, 2008. By way of further answer, Mother offered make-up time for the days missed due to her trip and Father has not yet attempted to schedule any make-up days. 4. Admitted. 5. Mother is without sufficient information to respond as to whether or not Father incurred fees and costs for unnecessary petitions. By way of further answer, Mother through counsel informed counsel for Father that she had left abruptly due to a sick relative that she had not seen in 9 years due to Father retaining control of either Mother or the children's passports. Mother offered to provide make-up time upon her return so that Father would not lose any time with the children as a result of her trip. The total amount of visitation time missed by Father was ten hours, plus an additional 2 hours worth of phone time. Mother continues to offer make up of this time. 6. Once again, Mother is without sufficient information as to whether or not Father was prepared to file numerous documents. It is admitted that Mother's counsel immediately notified Father's counsel upon Mother's return from India. By way of further answer, Mother emalled Father on September 11, 2008 and set of visitation for that upcoming weekend. 7. Mother informed Father through counsel that she was visiting a sick relative and she would provide make-up time. She is available to provide make-up time. Father only missed 10 hours of custodial time which can be easily made-up. 8. Denied. Mother has not violated all terms of the Order up to September 11, 2008. Mother believed the trip was necessary and that Father would accept the make-up time offer, especially in light of Father's counsel's email dated August 13, 2008, attached as Exhibit A, which apparently accepted the situation. 9. Admitted. 10. Admitted. By way of further answer, while Mother was in India, she was hospitalized on August 25, 2008 and not discharged until September 3, 2008. 11. Admitted in part; denied in part. Cochin is where the airport is from which Mother and children departed India to return to the United States. It is denied that Mother was in Cochin for the remainder of the trip, although it is admitted that she was in India from August 11, 2008 through September 9, 2008. 12. Admitted in part; denied in part. Mother emailed Father on September 11, 2008 in response to his email on the evening of September 10, 2008. While in India, Mother did not have the email access she had anticipated prior to leaving plus had been hospitalized from August 25 to September 3, 2008. 13. Mother is without sufficient information to comment on Father's perceptions. Mother has not hidden the children from Father since the parties' separation on February 17, 2005, despite the fact that no court order existed and that Father made no attempt to visit with the children until this year. Mother has a house and career locally. Any perception by Father that Mother was fleeing and leaving everything simply to hide the children from him has no reasonable basis in fact. 14. Mother is without sufficient information to respond as to Indian law. 15. Admitted in part; denied in part. It is admitted that Mother and the children and Mother's parents, who reside with Mother (in Mechanicsburg, not Camp Hill), went to India together. It is denied that Mother's parents "aided and abetted the removal of the children to India," rather that they assisted Mother with the children during their trip to India to visit relatives. 16. See answer to paragraph 13 above. 17. Admitted. By way of further answer, Mother is not opposed to form DS-3077. 18. Mother is not opposed to her counsel retaining the children's passports pending the November custody hearing. By way of further answer, the passports were provided to undersigned counsel on September 30, 2008 and notice that the passports were escrowed with undersigned counsel was provided to counsel for Father on the same date. Mother is opposed to paying Father's attorney's fees and costs because they were not necessary. By way of further answer, Father's only contribution towards the children has been his attorney's fees and costs as he has never provided anything that was a direct benefit to them. Respectfully submitted, BY: JearB. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 221-0900 y Dated: PA Supreme Ct. ID No. 68735 ? d ? 0 VERIFICATION I, Betty A. Toms, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: t o o Betty" om -- CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: David F. Tamanini, Esquire 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112-9507 BY: Je?nd B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 221-0900 PA Supreme Ct. ID No. 68735 Dated: 0% U 0 EXHIBIT A Jeanne Costopoulos <jbclegal@gmail.com> Wed, Aug 13, 2008 at 10:52 AM Reply-To: jbclegal@aol.com To: "David F. Tamanini" <dft@tamaninilaw.com> Bcc: Betty Toms <betl073@hotmail.com> It was my understanding that someone in Betty's family had a serious medical condition and that was the reason for her leaving town suddenly. She indicated that she would contact Anto personally with more details and that if he loses any time with the kids as a result of her unavailability she will provide make-up time upon her return. (Quoted text hidden) David F. Tamanini <dft@tamaninilaw.com> Wed, Aug 13, 2008 at 1:38 PM To: jbclegal@aol.com Sounds good. DT [Quoted text hidden] :.: _n ?3 "a-? ?; ? ` ? ? ? ??. -i r C'i -.?-, ' ::. , r .. Y. a ? °+ ANTO TOMS, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS 2008-705 CIVIL ACTION - LAW BETTY A. TOMS, IN CUSTODY Defendant IN RE: CONTEMPT ORDER OF COURT AND NOW, this 6th day of November, 2008, after hearing, we find beyond a reasonable doubt that the Betty A. Toms Defendant, is in contempt of our order dated August 4th 2008 and she is so adjudicated. ? She is directed to submit a check to ' David Tamanini in the amount of $1695.50 within 30 d date representin ay s of today?s g the necessary and reasonable legal fees incurred as a result of her -- llavid F. Tamanini, Esugi TAMANINI LAW OFFICEre 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 /For the Plaintiff ? Jeanne B. Costopoulos Esquire The Executive Offices ?at Rsmossm 5000 Ritter Road, oyne Suite 202 Mechanicsburg, PA 17055 mlc 124?11es r7J.'Itlic-C i, 01 - Mo 9 Z -Z III L I AGN HOZ ?C) ANTO TOMS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS 2008-705 CIVIL ACTION - LAW BETTY A. TOMS, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 6th day of November, 2008, after hearing, all prior custody orders are vacated and replaced with the following: 1. Parties shall have joint legal custody of their children, Thomson Toms, born 8/23/02 and Matthew Toms, born 4/23/04. Provided, however, that both sets of the children's passports shall be held in escrow by David Tamanini, Esquire, and shall not be released to either party except as authorized by order of this this Court or the expressed written agreement of both parties. Furthermore, neither party shall take the children out of the country, or obtain a substitute passport for the children, without an order of this Court nor the expressed written agreement of both parties. 2. Because of the Court's concern of the possibility that one of the parties may leave the country with the children and not return, each party may file a request for entry into Children's Passport Issuance Alert Program, Department of State Form No. 3077, which will alert the opposite parent of an application for a passport for either Thomson Toms or Matthew Toms. 3. Mother shall be have primary physical custody of the children subject to partial physical custody in Father as follows: A. Two Saturdays per month from noon until 3:00 p.m. for one month. B. Two Saturdays per month from noon until 6:00 p.m. for one month. C. One weekend per month from Friday at 7:00 p.m. until Sunday at 5:00 p.m. for two months. D. After all of the above visits have been exercised, every other weekend from Friday at 7:00 p.m. until Sunday at 5:00 p.m. E. One week each July and one week each August. F. Such other times as the parties agree. Before the overnight visitation commences, Mother may, upon proper notice to Father, have access to his home to do a limited walk through. 4. If the parties are unable to agree on a holiday schedule, we will address the issue upon request of either party. We would indicate that weekend visitation shall be adjusted so that the children are with Mother on Mother's Day and Father on Father's Day. 5. The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option at the opposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 6. Father shall provide the transportation for the Saturday visitation referred to in 2(A) and 2(B) above by picking the children up at and returning them to their home. The parties shall exchange the children at an agreed upon location in the Allentown area for the visitation referred to in 2(C), (D), and (E) . Edward E. Guido, J. ? David F. Tamanini, Esugire TAMANINI LAW OFFICE 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 For the Plaintiff '-'Xieanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 :mlc l:APes m' c eCL 1111-2108 tl?q t L ! svZ Thl i , 2010 jN - Fa 4: ANTO TOMS, Plaintiff vs. BETTY A. TOMS, Defendant P1 • t J?iY THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-705 CIVIL ACTION - AT LAW CUSTODY DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW comes the Defendant, Betty A. Toms, and respectfully represents as follows in support of this Petition: 1. Petitioner is Defendant above, Betty A. Toms, hereinafter referred to as Mother. 2. Respondent is Plaintiff above, Anto Toms, hereinafter referred to as Father. 3. The parties are subject to a custody order dated November 6, 2008 which provides Mother with primary custody and Father with rights of partial custody on alternating weekends. Said order is attached hereto as Exhibit A. 4. The November 6, 2008 order further provides that the children's passports shall be held in escrow by David Tamanini, Esquire, and shall not be released to either party except as authorized by order of court or the express written agreement of both parties. 5. Mother desires to vacation in Canada with the children during either the week of June 13, 2010 or the week of June 20, 2010. 6. The children require their passports to travel between the United States and Canada. 71') ? ?y ' V3 JS 7. Mother is requesting that she be temporarily permitted to have possession of the children's passports for the limited purpose of vacationing in Canada for one week this month. 8. The Honorable Edward E. Guido previously heard testimony regarding this custody case and signed all prior orders regarding this case. 9. Undersigned counsel has contacted David F. Taminini, counsel for Father, who indicated that he has been in contact with his client and that he does not object to the relief requested herein. WHEREFORE, Defendant, Betty A. Toms, respectfully requests this Honorable Court to temporarily release the children's passports to her for the limited purpose of vacationing with the children in Canada in June of 2010. Date: By: NNE B. COSTOPOULOS, E IRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for Betty A. Toms, Defendant/Petitioner. 2. She is authorized to make this verification on her behalf. 3. Some of the facts set forth in the foregoing document have been provided to her by Defendant and other facts are known to her and not necessarily to her client. 4. The facts set forth in the foregoing document are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: Attorney for Defendant/Petitioner _ t? ?d t? CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person indicated below by depositing a copy of the same with the United States Post Office through first class mail, prepaid, and addressed as follows: David F. Tamanini, Esq. 4800 Linglestown Rd, Ste. 309 Harrisburg, PA 17112 By: JEANNE B. COSTOPOULOS, ESQUIRE Date: JY176( 0 Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant EXHIBIT A ANTO TOMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS 2008-705 CIVIL ACTION - LAW BETTY A. TOMS, : IN CUSTODY Defendant : ORDER OF COURT AND NOW, this 6th day of November, 2008, after hearing, all prior custody orders are vacated and replaced with the following: 1. Parties shall have joint legal custody of their children, Thomson Toms, born 8/23/02 and Matthew Toms, born 4/23/04. Provided, however, that both sets of the children's passports shall be held in escrow by David Tamanini, Esquire, and shall not be released to either party except as authorized by order of this this Court or the expressed written agreement of both parties. Furthermore, neither party shall take the children out of the country, or obtain a substitute passport for the children, without an order of this Court nor the expressed written agreement of both parties. 2. Because of the Court's concern of the possibility that one of the parties may leave the country with the children and not return, each party may file a request for entry into Children's Passport Issuance Alert Program, Department of State Form No. 3077, which will alert the opposite parent of an application for a passport for either Thomson Toms or Matthew Toms. 3. Mother shall be have primary physical custody of the children subject to partial physical custody in Father as follows: A. Two Saturdays per month from noon until 3:00 p.m. for one month. B. Two Saturdays per month from noon until 6:00 p.m. for one month. C. One weekend per month from Friday at 7:00 p.m. until Sunday at 5:00 p.m. for two months. D. After all of the above visits have been exercised, every other weekend from Friday at 7:00 p.m. until Sunday at 5:00 p.m. E. One week each July and one week each August. F. Such other times as the parties agree. Before the overnight visitation commences, Mother may, upon proper notice to Father, have access to his home to do a limited walk through. 4. If the parties are unable to agree on a holiday schedule, we will address the issue upon request of either party. We would indicate that weekend visitation shall be adjusted so that the children are with Mother on Mother's Day and Father on Father's Day. 5. The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option at the opposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 6. Father shall provide the transportation for the Saturday visitation referred to in 2(A) and 2(B) above by picking the children up at and returning them to their home. The parties shall exchange the children at an agreed upon location in the Allentown area for the visitation referred to in 2(C), (D), and (E) . E war E. 1- 6 o, J. David F. Tamanini, Esugire TAMANINI LAW OFFICE 4800 Linglestown Road, suite 309 Harrisburg, PA 17112 For the Plaintiff Z'jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 :mlc -es m-a t 4cL I *& P t. 4 ~uN o ~ zo» 3 2 ~y J . . 'J - v i i'''r v ~ ~; r - _ ~~; ._. ._~~ ANTO TOMS, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No.08-705 BETTY A. TOMS, :CIVIL ACTION - AT LAW Defendant :CUSTODY ORDER OF COURT AND NOW, this ~ day of , 2010, upon consideration of Defendant's Petition for Special Relief and Plaintiff's concurrence with the relief requested therein, it is hereby ordered that the children's passports shall be temporarily released to Defendant, Betty A. Toms, for the limited purpose of vacationing with the children for one week in Canada during the month of June of 2010. Defendant shall immediately return the passports to counsel for Plaintiff the next business day following her return from Canada. Prior to the trip, Defendant shall provide Plaintiff with the hotel contact information for each night of the trip including the name, address, and telephone number of the hotel. Throughout the trip, Defendant shall have the children call Plaintiff at least one time every 48 hours. Distribution: David F. Tamanini, Esq., 4800 Linglestown Rd, Ste. 309, Harrisburg, PA 17112 Jeanne B. Costopoulos, Esq., 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 c~:~, ~~.~.~ ~~~1~~ ~~~ 0 FiLFC~ ~ ; ~ E ~. 7, ~1r f= , , ,,, ,~ -~ ~,. ~~Y ZOlO JJ~ 14 F' 3< <0 cc:~rv~~~ a~~1~J7Y David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE 4800 LINGLESTOWN ROAD, SUITE 3O9 HARRISBURG, PENNSYLVANIA 1 71 1 2-9507 ANTO TOMS, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-705 CIVIL TERM BETTY A. TOMS, CIVIL ACTION -LAW DEFENDANT IN DIVORCE PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Telephone (717) 541-1805 dit@TamaniniLaw.com Attorney for Plaintiff, Anto Toms Please mark the above-captioned matter withdrawn and discontinued. Date: 7 ", `L~ L O l D David F. Tamanini, Esquire Attorney ID No. 27775 TAMANINI LAW OFFICE 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112-9507 Telephone: (717) 541-1805 Attorney for Plaintiff ANTO TOMS, IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 08-705 CIVIL TERM BETTY A. TOMS, :CIVIL ACTION -LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, Marie K. Zeigler, Assistant to David F. Tamanini, Esquire, attorney for the Plaintiff, hereby certify that I am this day serving the foregoing document upon the following person, in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Date: ~ 2 ~ ~ TAMANINI LAW OFFICE ~'I/I / ~~ _ ~ /~ Marie K. Zeigler, (~is~rht td- David F. Tamanini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 Attorney for Plaintiff t ?l FII..ED-OFFICE Or" THE PROTHONOTARY 20111 JUL I I PSI 3: 110 CUMBERLAND COUNTY PENNSYLVANIA David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE 3544 N. PROGRESS AVENUE, SUITE 110A HARRISBURG. PENNSYLVANIA 17110-9638 ANTO TOMS, Plaintiff VS. BETTY A. TOMS, Defendant Telephone (717) 541-1805 dft@TamaniniLaw.com -nev for Plaintiff, Anto Toms IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-705 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Petition for Rule to Show Cause why the transfer of Passports of the minor children of the parties should not be made to the Cumberland County Prothonotary or any other claimant and why David F. Tamanini, Esq., should not be -given Court permission to thereafter withdraw as counsel for Plaintiff To The Honorable Edward E. Guido, J. NOW COMES David F. Tamanini, Esq., as a Petitioner and avers as follows: 1. The undersigned, David F. Tamanini, Esq., was retained by the Plaintiff to represent him in a divorce action and custody action. 2. On November 6, 2008, this Honorable Court entered an Order placing the passports of the parties' children in escrow at the Law Office of David F. Tamanini for safe keeping until disposed of by Court Order or agreement of the parties (see attached). 3. Since that time, on one occasion, the parties agreed to a Court Order dated June 8, 2010, to release the passports to the Defendant for a trip to Canada on condition that the documents were returned to escrow, which they were (see attached Order). 4. Thereafter, the Plaintiff directed his counsel to discontinue the divorce action, which was completed. 5. Thereafter, Plaintiffs counsel asked him to provide further funds so that this Court would approve a final disposition of the passports. 6. Plaintiff has not provided any funds for the transfer of the documents nor for their storage, and has for many months at a time failed to communicate with his counsel. 7. Further retention by Plaintiffs counsel of the passports, and any activities related to them, will be burdensome to his law office physically and financially, and keep it legally liable under court order for the documents indefinitely without compensation. 8. The undersigned therefore requests that this Court permit his withdrawal as counsel of record. 9. The undersigned also requests that the passports of the children shall be transferred to the Prothonotary for safe keeping or to such other party who claims an interest in them. WHEREFORE, the Petitioner respectfully requests that a Rule to Show Cause be issued giving the Plaintiff and the Defendant 15 days to respond with a reason why the Passports should not be transferred as requested. and why Petitioner should not be given Court permission to thereafter withdraw as counsel for Plaintiff Respectfully submitted, avid F. Tam nini, Esquire Attorney ID #27775 TAMANINI LAW OFFICE 3544 N. Progress Avenue, Suite 110A Harrisburg, PA 17110-9638 Telephone: (717) 541-1805 Facsimile: (717) 541-1807 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: -717111 avid F. Tamanini, q. ANTO TOMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS 2008-705 CIVIL ACTION - LAW BETTY A. TOMS, IN CUSTODY Defendant . ORDER OF COURT AND NOW, this 6th day of November, 2008, after hearing, all prior custody orders are vacated and replaced with the following: 1. Parties shall have joint legal custody of their children, Thomson Toms, born 8/23/02 and Matthew Toms, born 4/23/04. Provided, however, that both sets of the children's passports shall be held in escrow by David Tamanini, Esquire, and shall not be released to either party except as authorized by order of this this Court or the expressed written agreement of both parties. Furthermore, neither party shall take the children out of the country, or obtain a substitute passport for the children, without an order of this Court nor the expressed written agreement of both parties. 2. Because of the Court's concern of the possibility that one of the parties may leave the country with the children and not return, each party may file a request for entry into Children's Passport Issuance Alert Program, Department of State Form No. 3077, which will alert the opposite parent of an application for a passport for either Thomson Toms or Matthew Toms. 3. Mother shall be have primary physical custody of the children subject to partial physical custody in Father as follows: A. Two Saturdays per month from noon until 3:00 p.m. for one month. B. Two Saturdays per month from noon until 6:00 p.m. for one month. C. One weekend per month from Friday at 7:00 p.m. until Sunday at 5:00 p.m. for two months. D. After all of the above visits have been exercised, every other weekend from Friday at 7:00 p.m. until Sunday at 5:00 p.m. E. One week each July and one week each August. F. Such other times as the parties agree. Before the overnight visitation commences, Mother may, upon proper notice to Father, have access to his home to do a limited walk through. 4. If the parties are unable to agree on a holiday schedule, we will address the issue upon request of either party. We would indicate that weekend visitation shall be adjusted so that the children are with Mother on Mother's Day and Father on Father's Day. 5. The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option at the opposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 6. Father shall provide the transportation for the Saturday visitation referred to in 2(A) and 2(B) above by picking the children up at and returning them to their home. The parties shall exchange the children at an agreed upon location in the Allentown area for the visitation referred to in 2(C), (D), and (E) . Edward E. Guido, J. ? David F. Tamanini, Esugire TAMANINI LAW OFFICE 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 For the Plaintiff ?eanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 mlc £S' i7! at c tfG?.? P 7/ as JUN 0 7 2010 3 ANTO TOMS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08-705 BETTY A. TOMS, CIVIL ACTION - AT LAW Defendant CUSTODY ORDER OF COURT AND NOW, this day of , 2010, upon consideration of Defendant's Petition for Special Relief and Plaintiffs concurrence with the relief requested therein, it is hereby ordered that the children's passports shall be temporarily released to Defendant, Betty A. Toms, for the limited purpose of vacationing with the children for one week in Canada during the month of June of 2010. Defendant shall immediately return the passports to counsel for Plaintiff the next business day following her return from Canada. Prior to the trip, Defendant shall provide Plaintiff with the hotel contact information for each night of the trip including the name, address, and telephone number of the hotel. Throughout the trip, Defendant shall have the children call Plaintiff at least one time every 48 hours. BY-TIE COURT: Distribution: Edward E. Cjuido. J. David F. Tamanini, Esq., 4800 Linglestown Rd, Ste. 309, Harrisburg, PA 17112 Jeanne B. Costopoulos, Esq., 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand and the seal of said Court at Carlisle, Pa. dayof_.20 Prothonoty ANTO TOMS, Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-705 CIVIL TERM C BETTY A. TOMS, : CIVIL ACTION - LAW Defendant : IN CUSTODY RULE TO tSIHOW CAUSE AND NOW, on this day, L /1 /.f , 2011, upon -V_ =M C`> consideraf& ;,] L , C.) , I Cr C the attached Petition for Rule to Show Cause why the Passports of the minor children of the parties should not be transferred to the Cumberland County Prothonotary or any other claimant and why David F. Tamanini, Esquire, should not be given Court permission to thereafter withdraw as counsel for Plaintiff, a Rule is issued upon the Plaintiff and the Defendant to show cause why the relief requested should not be granted, or suffer a Rule Absolute. RULE RETURNABLE in _ 0 days. DISTRIBUTION: W, Anto Toms, P.O. Box 615, Floral Park, NY 11001 Anto Toms, 22227 93rd Avenue, Queens Village, NY 11428-1929 Jeann6 B. Costopoulos, Esq., 130 Gettysburg Pike., Suite C, Mechanicsburg, PA 17055 David F. Tamanini, Esq., 3544 N. Progress Avenue, Suite 110A, Harrisburg, PA 17110 Cop" pi Id 7j 119/11 ? y(HONOWk David F. Tamanini, Esquire Attorney I.D. No. 27775 L ?, ( 11u??' ; TAMANINI LAW OFFICE Telephone (717) 541-1805 3544 N. PROGREss AVENUE, SUITE 110A dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17110-9638 cumRERI.IaPdD CQU$HT Attorney for Plaintiff, Anto Toms ENN ANTO TOMS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 08-705 CIVIL TERM BETTY A. TOMS, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marie K. Zeigler, Assistant to David F. Tamanini, Esquire, attorney for the Plaintiff in the above-captioned matter, hereby certify that on the date below I served a true and correct copy of the Rule To Show Cause entered by the Court on July 15, 2011, and a time-stamped copy of the Petition for Rule to Show Cause why the transfer of Passports of the minor children of the parties should not be made to the Cumberland County Prothonotary or any other claimant and why David F. Tamanini, Esq., should not be given Court permission to thereafter withdraw as counsel for Plaintiff upon the following persons, in the manner indicated below, which service satisfies the requirements of Pa.R.C.P. 440: Service by first-class mail addressed as follows: Anto Toms P.O. Box 615 Floral Park, NY 11001 Anto Toms 22227 93rd Avenue Queens Village, NY 11428-1929 Jeanne B. Costopoulos, Esq. 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Date:. Q/zti arie K. Zeigler, As a o David F. Tamanini, squire Attorney ID #27775 TAMANINI LAW OFFICE 3544 N. Progress Avenue, Suite 110A Harrisburg, PA 17110 (717) 541-1805 z5 i) 1 L911 SU 2 t8 David F. Tamanini, Esquire C®Ut"T Attorney I.D. No. 27775 TAMANINI LAw OFFICE Telephone (717) 541-1805 3544 N. PROGRESS AVENUE, SUITE 11 OA dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17110-9638 Attorney for Plaintiff, Anto Toms ANTO TOMS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 08-705 CIVIL TERM BETTY A. TOMS, : CIVIL ACTION - LAW Defendant : IN CUSTODY MOTION TO MAKE RULE ABSOLUTE To The Honorable Edward E. Guido, J. NOW COMES David F. Tamanini, Esq., and avers as follows: 1. The Rule issued by this Court was served on July 25, 2011. 2. No response was received up to and including this date. WHEREFORE, Petitioner respectfully requests that the subject Passports of the children, Thomson Toms and Matthew Toms, be delivered to the Prothonotary for safekeeping until further Order of the Court, Further, that David F. Tamanini, Esq., is hereby granted the right to withdraw as counsel for Anto Toms. Respectfully submitted, r i Date: Z7 ° j David F. Ta ani 1, Esquire Attorney ID #27775 TAMANINI LAW OFFICE 3544 N. Progress Avenue, Suite 110A Harrisburg, PA 17110-9638 Telephone: (717) 541-1805 Facsimile: (717) 541-1807 ANTO TOMS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 08-705 CIVIL TERM BETTY A. TOMS, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Marie K. Zeigler, Assistant to David F. Tamanini, Esquire, attorney for the Plaintiff in the above-captioned matter, hereby certify that I am this day serving the foregoing document upon the following persons, in the manner indicated below, which service satisfies the requirements of Pa.R.C.P. 440: Service by first-class mail addressed as follows: Anto Toms P.O. Box 615 Floral Park, NY 11001 Anto Toms 22227 93rd Avenue Queens Village, NY 11428-1929 Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Date: Z- 2? l TAMANINI LAW OFFICE Marie K. Zeigler, AssoagW David F. Tamanini, Esquire Attorney ID No. 27775 3544 N. Progress Avenue, Suite 110A Harrisburg, PA 17110 (717) 541-1805 D [10V -8 P"1 2: `,JMHRLANID COUNT a=EN'INS`tL'JANIA David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINi LAW OFFICE Telephone (717) 541-1805 3544 N. PROGRESS AVENUE, SUITE. 110A dff@TamaniniLaw.com HARRISBURG PENNSYLVANIA 17110-9638 Attorney for Plaintiff, Anto Toms ANTO TOMS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 08-705 CIVIL TERM BETTY A. TOMS, : CIVIL ACTION -LAW Defendant : IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Order of Court entered October 3, 2011, please withdraw my appearance on behalf of the Plaintiff, Anto Toms, in the above-captioned matter. Date: / l .., Z' I 1 David F. Tamadini, Esquire Supreme Court Id. No. 27775 TAMANINI LAW OFFICE 3544 N. Progress Avenue, Suite 110A Harrisburg, PA 17110-9638 (717) 541-1805 ANTO TOMS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 08-705 CIVIL TERM BETTY A. TOMS, : CIVIL ACTION -LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Marie K. Zeigler, Assistant to David F. Tamanini, Esquire, attorney for the Plaintiff in the above-captioned matter, hereby certify that I am this day serving the foregoing document upon the following persons, in the manner indicated below, which service satisfies the requirements of Pa.R.C.P. 440: Service by first-class mail addressed as follows: Anto Toms P.O. Box 615 Floral Park, NY 11001 Anto Toms 2222793 rd Avenue Queens Village, NY 11428-1929 Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Date: 12- 0 11 TAMANINI LAW OFFICE r G? t to Marie K. Zeigler, Aesquire David F. Tamanini, Attorney ID No. 27775 3544 N. Progress Avenue, Suite 110A Harrisburg, PA 17110 (717) 541-1805