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HomeMy WebLinkAbout04-0278BARBARA C. TOMEC, Plaintiff VS. NICHOLAS J. TOMEC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004- 02 7 ~ CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE TO DEFEND 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 by the Court. A judgment may also be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other fights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the man:iage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Dauphin County Court House, Front and Market Streets, Harrisburg, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR 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 (717) 249-3166 2 BARBARA C. TOMEC, Plaintiff VS. NICHOLAS J. TOMEC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004- CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT Plaintiff Barbara C. Tomec resides in Hampden Township, Cumberland County, Pennsylvania with a street address of 1008 Tiverton Road, Mechanicsburg, PA 17050. Defendant Nicholas J. Tomec resides in Hampden Township, Cumberland County, Pennsylvania with a street address of 1008 Tiverton Road, Mechanicsburg, PA 17050. The parties are husband and wife, having been married May 5, 1984, and lived together in the marital residence at the address above until they separated on Sunday, January 18, 2004, on which date the Plaintiff left the marital residence and took up residence elsewhere. Both parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint Plaintiff and Defendant separated on January 18, 2004. Plaintiff avers that there has been no prior action for divome or annulment of the marriage filed by either party in this or any other jurisdiction. Plaintiff and Defendant have been advised that counseling is available and that each may have the right to request that the Court require the parties to participate in counseling. There are two children who are natural children of the parties under the age of 18, namely Amanda bom November 25, 1986 and currently 17 years old, and Olivia born November 29, 1990 and currently 13 years old. Defendant is not a member of the armed forces of the United States or any of its allies. 10. COUNT I NO FAULT DIVORCE The marriage is irretrievably broken. Wherefore, Plaintiff requests this Court to enter a Decree of Divorce dissolving the marriage between the parties pursuant to 23 Pa.C.S.A. §3301(c) or 3301 (d)(1). COUNT II EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 11. During the course of the marriage the parties have acquired various items of both real and personal property which are subject to equitable distribution by this court. Wherefore, Plaintiffprays this Court to equitably distribute the marital property pursuant to Pa. C.S.A. §3502. COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS AND EXPENSES 12. Plaintiff is without sufficient funds to support herself and to pay counsel fees, and the costs and expenses incidental to this divome action. Wherefore, Plaintiff prays this court will award alimony pendente lite, costs, counsel fees and expenses as may be incurred in pursuit of this action, pursuant to Pa. C.S.A. §3702 and any other further relief this Court may decree. 4 COUNT IV ALIMONY 13. Alimony is reasonable and necessary for Plaintiff. Wherefore, Plaintiff prays this court will award alimony, costs, counsel fees and expenses as may be incurred in pursuit of this action, pursuant to Pa. C.S.A. §3702 and any other further relief this Court may decree. COUNT V CUSTODY 14. The Plaintiff seeks primary physical and sole legal custody of children. 15. The children were not born out of wedlock. 16. Until Sunday, January 18, 2004, during the past seven years, the children resided with both parents in Hampden Township, Cumberland County, Pennsylvania with a street address of 1008 Tiverton Road, Mechanicsburg, PA 17050. The children are presently in the custody of Plaintiff. 17. The natural mother of the children is Plaintiff who is married to the Defendant who is the natural father of the children. 18. Plaintiff has not participated as a party or witness, or in any other capacity, in any other litigation concerning the custody of the children in this or any other court. 19. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 20. 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. 21. The best interest and permanent welfare of the children will be served by granting the Plaintiff Mother shared legal and primary physical custody of the children. The Defendant has an explosive, uncontrolled and violent temper that has created a hostile and dangerous environment in the marital residence, He verbally abuses and demeans both the Plaintiff and children constantly, gets in their face, uses obscene and foul language, makes numerous and intimidating threats to the Plaintiff and children, pulled one child's hair and pushed the Plaintiff. On Sunday, January 18, 2004, the Defendant demanded Plaintiff give him all keys to all cars, took her pocket book and money, demanded all her jewelry, and ordered Plaintiff and children out into the sub- freezing night with no transportation and only the clothes on their backs. The potential for the situation to escalate and the anger, threats and intimidation of the Defendant gave the Plaintiff no choice but to leave the household with the children for their safety. 22. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as the parties to this action. 23. There are no other persons who are known to have or claim a right to custody or visitation or the children have been given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests the Court to grant her shared legal and primary physical custody of the children. 6 January 20, 2004 BY: Respectfully submitted, 130 State Street Harrisburg, PA 17101 (717) 236-3141; FAX (717) 236-0791 Email: lmilspaw~)mblawfirm.com Attorney for Plaimiff VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing document are tree 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 unswom falsification to authorities. January 20, 2004 Barbara C. Tomec BARBARA C. TOMEC, Plaintiff VS. NICHOLAS J. TOMEC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004- CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 21st day of January, 2004, I, Luther E. Milspaw, Jr.,Esquire, hereby certify that on this day 1 served the foregoing Complaint in Divorce and Custody, and Petition for Special Relief, by fax the Defendant at 717-732-8567; by email to the Defendant at NJTomec~meadwestvaco.com; and by depositing same in the United States Mail, first class, postage pre-paid, addressed to: Nicholas J. Tomec 1008 Tiverton Road Mechanicsburg, PA 17050. BY: Esquire 9 BARBARA C. TOMEC, : Plaintiff : : VS. : NICHOLAS J. TOMEC, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004- o~ '7 ~ CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Plaintiff, by and through her attorney, Luther E. Milspaw, Jr., Esquire, and brings the following Petition for Special Relief, and in support thereof, respectfully represents the following: 1. PIaintiffBarbara C. Tomec resides in Hampden Township, Cumberland County, Pennsylvania with a street address of 1008 Tivcrton Road, Mechanicsburg, PA 17050. 2. Defendant Nicholas J. Tomec resides in Hampden Township, Cumberland County, Pennsylvania with a street address of 1008 Tiverton Road, Mechanicsburg, PA 17050. 3. The parties are husband and wife, having been married May 5, 1984, and lived together in the marital residence at the address above until they separated on Sunday, January 18, 2004, on which date the Plaintiff left the marital residence and took up residence elsewhere. 4. The instant action was commenced with the filing of a Complaint in Divorce and in Custody on September 21, 2004, which included claims for divorce, equitable distribution of marital property, alimony, alimony pendente lite, attorney's fees and costs, and custody of both children of the parties. The averments of the said Complaint are incorporated herein by reverence. The Defendant for years has had an explosive, uncontrolled and violent temper that has created a hostile and dangerous environment in the marital residence. He verbally abuses and demeans both the Plaintiff and children constantly, gets in their face, uses obscene and foul language, makes numerous and intimidating threats to the Plaintiff and children, pulled one child's hair and pushed the Plaintiff. The Defendant is controlling and isnsists that the Plaintiff and the children immediately obey all his demands. On Sunday, January 18, 2004, the Defendant demanded Plaintiff give him all keys to all cars, took her pocket book and money, demanded all her jewelry, and ordered Plaintiff and children out into the sub-freezing night with no transportation and only the clothes on their backs. The potential for the situation to escalate and the anger, threats and intimidation of the Defendant gave the Plaintiffno choice but to leave the household with the children for their safety, on foot with no car even thought the parties own two cars [one used regularly by the Plaintiff (a Lexus) and the other used by the daughter Amanda (the Acura) and the Defendant has a company car. The Plaintiff fears for her safety and the safety of the children when the Defendant is around. The Defendant has a serious emotional disorder which he refuses to acknowledge and refuses to obtain appropriate psychological treatment. It is believed he suffers from a bi- polar disorder, paranoia or schizophrenia, a condition that may have been present since his youth and from which his mother also suffered. His behavior has gotten increasingly worse over the last several months. He is unpredictable in his anger outbursts, violent uncontrollable anger manifesting itself in "in your face" screaming and yelling and 10. 11. 12. 13. 14. obscenities and threats of all sorts. The Defendant has refused to vacate the marital residence, or even absent himself from it long enough for the Plaintiff and the children to get their clothes, books, money, personal effects, anything. Plaintiff believes that Respondent may liquidate, transfer or dissipate all or a portion of the marital estate. Respondent recently closed a savings bank account from which all household expenses were being paid and took over $15,000.00 from the account. Plaintiff is without sufficient funds to support herself and the children, pay counsel fees, and the costs and expenses incidental to this proceeding. She has filed a Complaint for Spousal and Child Support but requires funds currently. Pursuant to § 3323(0 of the Divorce Code, the Court has "full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require....' The relief sought by Petitioner is necessary to protect herself and the children, and obtain the minimum personal property necessary to permit her to safely live elsewhere with the children, let the children attend school free of threats and intimidation from the Defendant, effectuates the purpose of the Child Custody Lac, and is required by equity and justice. Petitioner has no adequate remedy at law. Pursuant to §3505(a) of the Divorce Code "[where it appears to the court that a party...is about to remove property of that party from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support or similar award, an injunction may be [sic] issued [sic] to prevent the removal or disposition and the property may be attached as prescribed by general roles. The court may also issue a writ of ne exeat to preclude the removal." WHEREFORE, Petitioner respectfully requests this Honorable Court, based on the foregoing Petition for Special Relief, to enter an immediate Order: 1. Granting Plaintiff sole legal and physical custody of the children, subject to limited supervised visitation with the Defendant, pending a custody conciliation conference and a psychological evaluation of the Defendant; 2. Restraining the Defendant from contact the Plaintiff and the children pending a heating and further order of court; 3. Granting Plaintiff immediate and exclusive access to and possession of the marital residence without the Defendant's, for a short period of time to arrange for and take possession of clothing, furniture, personal effects, the family pet, the two automobiles for her use [Lexus] and her oldest child Amanda's use [the Acura]; 4. Requiring the Defendant to pay temporary support to Plaintiff and the minor children, including medical support, the sum of $500.00 per week until support is determined through the Domestic Relations Office. 5. Requiring the Defendant to pay the costs of this action, including filing and service fees. 6. Requiring the Defendant to pay Plaintiff's reasonable attorneys fees in the sum of $3,000.00; and 7. Such other and further relief as this Court shall deem just. January 21, 2004 BY: Respectfully submitted, Q ulre ~uU;hr;2'~~;' 130 State Street Harrisburg, PA 17101 (717) 236-3141; FAX (717) 236-0791 Email: lmilspaw(&mblawfirm.com Attorney for Plaintiff VERIFICATION I, the undersigned, hereby 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 unswom falsification to authorities. January 20, 2004 Barbara C. Tomec 6 BARBARA C. TOMEC, Plaintiff VS. NICHOLAS J. TOMEC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004- CIVIL ACTION ~ LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 21~t day of January, 2004, I, Luther E. Milspaw, Jr.,Esquire, hereby certify that on this day I served the foregoing Complaint in Divorce and Custody, and Petition for Special Relief, by fax the Defendant at 717-732-8567; by email to the Defendant at NJTomec~meadwestvaco.com; and by depositing same in the United States Mail, first class, postage pre-paid, addressed to: Nicholas J. Tomec 1008 Tiverton Road Mechanicsburg, PA 17050. BY: Luthe~r E~Jr., Esquire 9 JAN 2 3 200/~ ~. BARBARA C. TOMEC, : Plaintiff · VS. NICHOLAS J. TOMEC, · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004- 27 ~ CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, to wit, this ~4~ day of.~a~ha~,.~2004' upon consideration of the Petition filed by Plaintiff indicating that immediate and irreparable vould result before the matter would be heard on motion, it is ORDERED and DECREED that: '1. Plaintiffis ea soJe Jega~ and physical custody of the children, subject to limited supervised visitation with the Defendant, pending a ~on C~--~' ..... a . .1 .1. ,' 1 Defendant is restrained from any contact the Plaintiff and the children pending a hearing and further order of court; Plaintiffis granted Plaintiff immediate and ex~ess t~s~~l~ the marital residence without the Defendant's, for a ~d ~ to arrange for and take possession of clothing, fi~rp,::r:, personal effects, the family pet, the two automobiles for her use [Lexus] and her oldest child Amanda's use [the Acura]; pay rio. llltlll S reasoname attorneys tec~ m me sum ot $3,000.00; and Further relief i~~ A hearingis set for~ ,~ 2004, at ~1~1~ ~¢M in Courtroom No.,~, BARBARA C. TOMEC, Plaintiff NICHOLAS J. TOMEC, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-278 CIVIL ACTION - LAW 1N DIVORCE & CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance as attorney for the Defendant in the above-captioned action. Respectfully submitted, Laurie A Saltzgtver,'Esq~jre Attorney i.D. #61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Harrisburg, PA 17101 (717)236-9428 Attorney fi)r Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · RO. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 BARBARA C. TOMEC, Plaintiff · IN THE COURT OF COMMON PLEAS ' CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-278 NICHOLAS J. TOMEC, Defendant · CIVIL ACTION - LAW : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I hereby certify on this ~ k~y of January, 2,004, that a copy of the foregoing Praecipe to Enter Appearance was mailed, first-class, postage pre-paid to: Luther Milspaw, Esquire MILSPAW & BESHORE 130 State Street Harrisburg, PA 17101 Laurie ~'~ Saltzgiv~r, ~Es Attorney for Defendant u~re ~ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX1062 ' HARRISBURG, PA17108 (717}236-9428 · FAX(717) 236-2817 BARBARA C. TOMEC, Plaintiff VS. NICHOLAS J. TOMEC, Defendant JAN 2 8 2004 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : Docket No. 2004-278 : : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY STIPULATION FOR ENTRY OF ORDERS ,=, ~ AND NOW c°mes the parties individually and by their respective attomeys~ joi~y i! stipulate that this Honorable Co~ enter bo~ the Custody Order ~d Special Relief~r i~e _ above captioned proceedings, in fo~ ~d subst~ce ~ a~ached hereto. ~ ~ ~ Date: January, 2004 Date: JanuaryS3, 2004 BARBARA C. TO/V~EC ' Plairltiff/ ' LUTHER E~ MILSPAW, J~, ESQUI~ Attorney for Plaintiff Date: January~%004 Date: January &~, 2004 CH~LAS J. T~IEC Defendant LAURIE A. S~¥ZGIV~R'~ESQUIRE Attorney £or Plaintiff JAN 2 8 2004 BARBARA C. TOMEC, Plaintiff VS. NICHOLAS J. TOMEC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 2004-278 : : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY SPECIAL RELIEF ORDER AND NOW, this ~,~day of J~anuary, 2004, upon consideration of the Petition for Special Relief and Stipulation of the parties and their attorneys in the above captioned action,, it is hereby ORDERED AND DECREED as follows: I. The Defendant is prohibited fi.om any contact with Plaintiff and the children, at any location, including but not limited to any contact at Plaintiff's or children's schools, business, or other place of employment, except during counseling or therapy sessions. Defendant is permitted to have supervised or unsupervised visitation of the children to begin as recommended by the psychologist and therapist as recommended in writing by the psychologist and therapist in accordance with the Custody Order entered in this action. 2. Defendant is excluded from any permanent or temporary residence where Plaintiff and the children may live. The Plaintiff agrees not to reside with the children at the former marital residence at 1008 Tiverton Road, Mechanicsburg, PA 17050. The Acura titled in Plaintiffs name shall be sold to Brian Caxtwright pursuant to the terms of the contract dated January 21, 2004, and the net proceeds evenly divided. The Lexis shall remain titled in Defendant's name but shall be in the exclusive possession of the Plaintiff. Defendant and Plaintiff and their respective agents are enjoined and from transferring, moving, encumbering, dissipating, selling or otherwise alienating any and all marital assets and family financial and other records and of the parties. Each party shall provide unrestricted access to all family financial and other records at any time. Custody of the family dog will be shared by the parties on an alternate weekly basis. This order applies immediately to both parties and shall remain in effect until otherwise modified or terminated by Stipulation of the parties or by this Court after notice and hearing. A certified copy of this Order shall be provided to the East Pennsboro Township Police Department, Hampden Police Department, Camp Hill Police Department and any other location where Plaintiff resides. cc: BARBARA C. TOMEC, Plaintiff VS. NICHOLAS J. TOMEC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004-278 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CUSTODY ORDER AND NOW, this ~. day of January, 2004, upon consideration of the stipulation of the parties and their attorneys in the above captioned action, and with regard to the best interests and welfare of their minor children, it is hereby ORDERED AND DECREED as follows: 1. The Plaintiff as Mother and the Defendant as Father hereby agree to share legal custody of their children: Amanda born November 25, 1986 and currently 17 years old, and Olivia bom November 29, 1990 and currently 13 years old. All decisions affecting the child's growth and development including, but not limited to: medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody and support litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child(ren)'s best interests. 2. Primary physical custody of the children shall be with Mother. 3. Father shall submit to a psychological evaluation performed by a licensed psychiatrist and enroll in an anger management program. Father is prohibited from any contact with Plaintiff and the children, at any location, including but not limited to any contact at Plaintiff's and children's schools, business, or other place of employment, except during counseling or therapy sessions. After such psychological evaluation is underway, Father may have supervised or unsupervised visitation of the children to begin as recommended by the psychologist and therapist. The parents and children will engage in family and individual counseling and therapy with Dr. George Schrnidt and/or such individuals as they shall agree. 4. Neither parent shall abuse alcohol, use drugs or smoke cigarettes in the same vehicle or household when they have custody of their children. 5. With the consent of each respective child, each parent shall be entitled to reasonable telephone contact with the children when they are in the custody of the other parent. 6. Neither parent shall permanently relocate if the relocation would exceed a fifty (50) mile radius without a minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 7. The parents shall share all transportation necessary to effectuate this Order with the parent receiving custody picking the child or children up. 8. Both parents shall refrain fi.om making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parents from making such comments in the presence of the children whether "sleeping" or awake. 9. Both parents shall attend and complete a Seminar for Separating Parents and agree to establish a "no conflict" zone for their children. 10. At the request of either party at any time, a Pre-Heating Custody Conciliation Conference shall be scheduled CC.' Laurie A. Saltzgiver, Esq. BARBARA C. TOMEC, Plaintiff VS. NICHOLAS J. TOMEC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : Docket No. 2004-278 : : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY ACCEPTANCE OF SERVICE I, LAURIE A. SALTZGIVER, ESQUIRE, on behalf of Nicholas J. Tomec, Defendant in the above captioned matter, accept service of the Complaint in Divorce and Custody and Petition for Special Relief filed on January 21,2004 in the Cumberland County Court of Common Pleas, being duly authorized to do so. January 22, 2004 BARBARA C. TOMEC PLAINTIFF NICHOLAS J. TOMEC DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-278 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursda~ebru_ary 05, 2004 _. upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sund~, the conciliator, at 39 West Main Street, Meehanicsbqrg' PA 17055 on Tuesday, February 24, 2004 ~ at 9:30_~ 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 are five or older may also be present at the conference. Failure to at,pear 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 Rellef orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Oxl,~nS._SJ~nd~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. F°r inf°rmation abont accessible facilities and reasonable accommodations available to disabled individuals having business before the court, p/ease 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 A~iTORNEY OR CANNO~I' AFF -- ' ORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE y .... OU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 BARBARA C. TOMEC, Plaintiff VS. NICHOLAS J. TOMEC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004-278 : CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PETITION TO ENTER ORDER ON STIPULATION TO VACATE SPECIAL RELIEF AND CUSTODY ORDERS AND NOW comes the Plaintiffby her attorney Luther E. Milspaw, Jr., Esquire and requests that this Honorable Court e~nter an Order vacating the Custody Order entered January 28, 2004 and the Special Relief Order also entered January 2:8, 2004, in the above captioned proceedings. A Stipulation to Vacate Special Relief and Custody Orders has been signed by the parties and is attached hereto. August 26, 2004 BY: Luther I~ Supreme Ct I.D. # ~A19226 130 State Street Harrisburg, PA 17101 (717) 236-3141; FAX (717) 236-0791 Email: ]milspaw@jnblawfirm.com Attorney for Plaintiff BARBARA C. TOMEC, Plaintiff VS. NICHOLAS J. TOMEC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; Docket bio. 2004-278 : CIVIL ACTION - LAW IN DIVORCE AND CUSTODY STIPULATION TO VACATE SPECIAL RELIEF AND CUSTODY ORDERS AND NOW come the Parties and stipulate and request that this Honorable Court enter an Order vacating the Custody Order entered January 28, 2004 and the Special Relief Order also entered January 28, 2004, in the above captioned proceedings. Date: Barbara. C. Tomec, Plaintiff Date: Nicholas J. Tomec, Defendant BARBARA C. TOMEC, Plaintiff VS. NICHOLAS j. TOMEC, Defendant SEP 07 2004 : IN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2004-278 CIVIL ACTION. LAW IN DIVORCE AND CUSTODY ORDER VACATING SPECIAL RELIEF AND CUSTODY ORDERS AND NOW' this ~''~ _ day o,_~~_~_~__, 2004, upon consideration of the Stipulation of the parties in the above captioned action, IT IS HEREBY ORDERED that the Special Relief Order entered January 28, 2004 and the Custody Order entered January 28, 2004, in the above captioned proceedings, are VACATED. Distribution: Edward E. Guido, Judge ~uther E. M/Ispaw, Jr., Esq., 130 State Street, Harrisburg, PA 17101 ~-Nicholas C. Tomec, 8402 Denholme Drive, Waxhaw, NC 28173 BARBARA C. TOMEC, Plaintiff VS. NICHOLAS J. TOMEC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 2004-278 : CIV/L ACTION - LAW IN DIVORCE AND CUSTODY P~ETITION TO ENTER ORI~E~R DN S~TIPULATION TO VACATE SPEC/AL RELIEIc~AND C. U.STODY ORDERY' AND NOW comes the Plaintiffby her attorney Luther E. Milspaw, Jr., Esquire and requests that this Honorable Court enter an Order vacating the Custody Order entered January 28, 2004 and the Special Relief Order also entered January 28, 2004, in the above captioned proceedings. A Stipulation to Vacate Special Relief and Custody Orders has been signed by the parties and is attached hereto. August 26, 2004 BY: R e 'lys n /ed, Luther E. Mils~a~ Jr., Esquire - Supreme CtED. # ~A19226 130 State Street Harrisburg, PA 17101 (717) 236-3141; FAX (717) 236-0791 Email: lmil~maw~mblawfirm.com Attorney for Plaintiff BARBARA C. TOMEc, Plaintiff VS, NICHOLAS j. TOMEc, Defendant : IN TIlE COURT OF COMMON PLEAS ~ CUMBERLAND COUNTY, PENNSYLVANIA · Docket No 2004 · -278 CIVIL ACTION. LAW IN DIVORCE A ND CUSTODY STIPULATION TO VACATE SPECIAL RELIEF ~~ AND NOW come the Part/es and stipulate and request that this Honorable Court enter an Order vacating the Custody Order entered January 28, 2004 and the Special Relief Order a/so entered January 28, 2004, in the above captioned proceedings. Date:~ Barbara C. Tomec, Plaintiff