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HomeMy WebLinkAbout09-8786A THOMAS J. STALLSMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Q/ r-7 9-!o C i v C 'j ANNETTE M. CREMO, CIVIL ACTION - LAW Defendant CUSTODY ACTION CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Thomas J. Stallsmith residing at 277 Stoner Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Annette M. Cremo who resides at 1209 Redwood Hills Circle, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff seeks legal custody and partial physical custody of the following child: NAME PRESENT RESIDENCE DOB Vanessa T. Stallsmith 1209 Redwood Hills Circle 08/14/97 Carlisle, PA 17015 The child was born in wedlock. The child is presently in the physical custody of Annette M. Cremo who resides at 1209 Redwood Hills Circle, Carlisle, Pennsylvania. The child has resided with the following persons and at the following addresses: Person Address Date Mother 1209 Redwood Hills Cr 06/10/09 - present Carlisle, PA Mother & Father 1209 Redwood Hills Cr Aug 97 - Jun 09 Carlisle, PA The mother of the child is Annette M. Cremo who currently resides at 1209 Redwood Hills Circle, Carlisle, Pennsylvania 17015. She is married. The father of the child is Thomas J. Stallsmith who lives at 277 Stoner Road, Mechanicsburg, Pennsylvania 17055. He is married. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Name RelationshiR Brenda L. Hawkins Friend 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name RelationshiR Vanessa T. Stallsmith Daughter 6. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 2 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff can properly care for his child. B. Plaintiff can provide a loving home. C. Defendant has denied Plaintiff the right to have regular meaningful contact with his daughter. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him joint legal custody and partial physical custody of his child, at times determined to be in the child's best interest. Respectfully submitted, jr24,.,,ssii --b. ?? Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 3 VERIFICATION I, Thomas J. Stallsmith, hereby certify that the foregoing CUSTODY COMPLAINT is 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. DATED: /?- zI Log 7??? OAJA Thomas J. Stallsmith Plaintiff 4 C? 2 2 I /79. 0 v rk olk, THOMAS J. STALLSMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, ANNETTE M. CREMO DEFENDANT 2009-8786 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at- 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February 03, 2010 at 2:00 PM 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 entrv 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/ ohn . Man all r. Es . Custody Conciliator fr, The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 .Jx 30 *A -441 ?a'.? ~~~b u~ -_... ~~~ mac" PN SOT THOMAS J. STALLS H ~ Plainti~~~~8 -5 AM ~ j: 3T ~cf~t1`~,'$yLyA ANNETTE M. CREMO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8786 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT ~~ AND NOW this ~ day of February 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Thomas Stallsmith, and the Mother, Annette Cremo, shall have shared legal custody of Vanessa T. Stallsmith, born 08/14/1997. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have visitation with Vanessa at least one time per week. Absent agreement otherwise, said visit shall include Father, Mother and Child. The duration and location of said visit shall be by mutual agreement as the parties' schedules permit. b. Both parents shall encourage regular and meaningful contact between the Child and Father. c. Father shall have additional physical custodylvisitation of the Child at such other times as the parties may mutually agree. 3. Counseling: The parties have agreed to, and shall, engage in therapeutic family counseling with amutually-agreed upon professional as soon as possible. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. Father shall have telephonic communication with Vanessa each Sunday at 1:00 pm. The parties may alter said time/day by mutual agreement. Father shall initiate said call to Vanessa and the parties shall make all reasonable efforts to encourage Vanessa to have additional communication with Father whether the communication be by phone, text or email. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 7. A conference with-the assigned conciliator is hereby scheduled for either Friday 04/30/10 at 2:00 nm or Fnday 05/07/10 at 2.00 pm at the Court of Common Pleas Carlisle PA 17013 Counsel for the parties shall contact the conciliator prior to said dates to pick which Friday is more acceptable. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, D' tribution: ~da Clotfelter, Esquire /Thomas Gould, Esquire ~hn J. Mangan, Esquire i a,l~~~v J. THOMAS J. STALLSMITH, Plaintiff v. ANNETTE M. CREMO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8786 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Vanessa T. Stallsmith 08/14/1997 Primary Mother 2. A Conciliation Conference was held with regard to this matter on February 03, 2010 with the following individuals in attendance: The Mother, Annette Cremo, with her counsel, Linda Clotfelter, Esq. The Father, Thomas Stallsmith, with his counsel, Thomas Gould, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date l John gan, Esquire Cus d Conciliator THOMAS J. STALLSMITH, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-8786 CIVIL ACTION LAI~ o : = ' ~; ;; '; ~ ~., ~, ANNETTE M. CREMO, IN CUSTODY Defendant ~ `~ ~ ' -~' ~ ~ r : mac: - Prior Judge: M. L. Ebert, J. ~ _ ; ORDER OF COURT ~? ~ , `~ ~ ~ ~:°~ AND NOW this day of August 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Leal Custody: The Father, Thomas Stallsmith, and the Mother, Annette Cremo, shall have shared legal custody of Vanessa T. Stallsmith, born 08/14/1997. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 08/15/10, Father shall have visitation with Vanessa every Sunday from 3:00 pm unti17:00 pm. The parties shall exchange custody in the parking lot of Target in Carlisle (near Red Robin) at the designated times. b. The parties have agreed to be flexible in regard to this visitation schedule and should Father's work schedule, Mother's schedule or Vanessa's schedule prohibit said visitation, the parties have agreed to attempt to schedule some make-up time so that Father can see Vanessa. Should Father not have a visit on a Sunday, Father shall be able to contact Vanessa by telephone Sunday evening. c. Father has agreed to provide Mother with his work schedule as soon as possible so that each can make their respective plans for the weekends. d. Both parents shall encourage regular and meaningful contact between the Child and Father. e. Father shall have additional physical custody/visitation of the Child at such other times as the parties may mutually agree. 3. Counseling: The parties have agreed to, and shall, continue to engage in therapeutic family counseling with amutually-agreed upon professional (Jamie Orris). Father is specifically authorized to participate in said counseling upon the invitation/recommendation of Ms. Orris. Father has requested, and Mother has agreed, that Father shall be able to contact Ms. Orris to set up the counseling sessions. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. Other than the Sundays should Father not have visitation and a telephone call be made that evening, Father shall have reasonable telephone contact with Vanessa. Father shall initiate said call to Vanessa and the parties shall make all reasonable efforts to encourage Vanessa to have additional communication with Father whether the communication be by phone, text or email. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 7. Either party is authorized to contact the assigned conciliator to schedule a conference after the therapeutic family counseling has progressed to a point to alter the custodial schedule. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, D' 'bution: inda Clotfelter, Esquire ~omas Gould, Esquire ~hn J. Mangan, Esquire ~~ ~.~, •t THOMAS J. STALLSMITH, Plaintiff v. ANNETTE M. CREMO, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8786 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITIi CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custod~of Vanessa T. Stallsmith 08/14/1997 Primary Mother 2. A Conciliation Conference was held with regard to this matter on February 03, 2010, an Order issued February O5, 2010 and a conciliation conference was held August 03, 2010 with the following individuals in attendance: The Mother, Annette Cremo, with her counsel, Linda Clotfelter, Esq. The Father, Thomas Stallsmith, with his counsel, Thomas Gould, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ~// Date / John J. ,Esquire Custo y Co iliator THOMAS J. STALLSMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-8786 CIVIL ACTION LAVA., , ~ ~, ,~:' ANNETTE M. CREMO, IN CUSTODY ~~ ~ °~" -~- Defendant -,. x~ -: ; ~11-.' . -~ ~"` .~ ~~ y " w r; ~ Prior Judge: M. L. Ebert, J. -c - ~ ~; o ~ ~ rj ORDER OF COURT ~ ~ ~ `V' -` AND NOW this ~; 9~ ~; `, `•`a.~. day of November 2012, upon consideration of the attai~ec~ust~dy Conciliation Report, it is Ordered and Directed as follows: Mother's petition for contempt is hereby held in abeyance pending the scheduled follow up conference. 2. Leal Custody: The Father, Thomas Stallsmith, and the Mother, Annette Cremo, shall have shared legal custody of Vanessa T. Stallsmith, born 08/14/1997. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have visitation with Vanessa every Sunday from 3:00 pm unti17:00 pm. The parties shall exchange custody in the parking lot of Target in Carlisle (near Red Robin) at the designated times. b. The parties have agreed to be flexible in regard to this visitation schedule and should Father's work schedule, Mother's schedule or Vanessa's schedule prohibit said visitation, the parties have agreed to attempt to schedule some make-up time so that Father can see Vanessa. Should Father not have a visit on a Sunday, Father shall be able to contact Vanessa by telephone Sunday evening. c. Father has agreed to provide Mother with his work schedule as soon as possible so that each can make their respective plans for the weekends. d. Both parents shall encourage regular and meaningful contact between the Child and Father. e. Father shall have additional physical custody/visitation of the Child at such other times as the parties may mutually agree. 4. Counseling: The parties have agreed to, and shall, continue to engage in therapeutic family counseling with amutually-agreed upon professional (Lisa Barnes with Cumberland Valley Counseling). The parties shall adhere to the recommendations of Ms. Barnes in regard to the extent and circumstances of Father's custody/visitation with Vanessa. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. Other than the Sundays should Father not have visitation and a telephone call be made that evening, Father shall have reasonable telephone contact with Vanessa. Father shall initiate said call to Vanessa and the parties shall make all reasonable efforts to encourage Vanessa to have additional communication with Father whether the communication be by phone, text or email. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of anon-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the childlchildren consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 9. A follow un conference to monitor the progress of the counseling with Ms. Barnes and to ascertain whether to expand/chan~e the circumstances of Father's custody/visitation with Vanessa is hereb~~ scheduled for February 08, 2013 at 9:00 am with the assigned conciliator. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. D' tribution: ~da Clotfelter, Esquire /I~omas Gould, Esquire John J. Mangan, Esquire ~$ rn s.~ i /,vii ~ ~_ ,_^ By the Court, THOMAS J. STALLSMITH, Plaintiff v. ANNETTE M. CREMO, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8786 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Vanessa T. Stallsmith 08/14/1997 Primary Mother 2. A Conciliation Conference was held with regard to this matter on February 03, X010, an Order issued February O5, 2010, a conciliation conference was held August 03,,2010, an Order issued August 06, 2010 and a conference was held November 21, 2012 in regard to Mother's petition for contempt with the following individuals in attendance: The Mother, Annette Cremo, with her counsel, Linda Clotfelter, Esq. The Father, Thomas Stallsmith, with his counsel, Thomas Gould, Esq. . 3. The parties agreed to the entry of an Order in the form as attached. ~, alt .-- Date John J gan, Esquire Cust y onciliator