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Home My WebLink About01-0538THOMAS R. SMITH, Plaintiff/Petitioner CHASITY J. RAMIREZ, JOHN ELLSWORTH MILLER, and CONNIE MILLER Defendants/Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001- ~-~ CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY PETITION FOR CIVIL CONTEMPT AND MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Thomas R. Snfith, by and through his legal counsel, Thomas S. Diehl, Esquire, who respectfully represents the following: 1. The Petitioner is the above-named Plaintiff, Thomas R. Smith (hereinafter "FATHER"), an adult individual currently residing at 11837 Summer Oak Drive, Germantown, Maryland 20874. 2. The Respondents is the above-named Defendants, John E. Miller and Counie Miller (hereinafter "GRANDPARENTS"), adult individuals currently residing at RD #1, Box 388, Millerstown, Perry County, PA 17062; and Chasity J. Ramirez hereinafter "MOTHER"), an adult individual currently residing at a unknown location in Cumberland County, Pennsylvania. 3. The parties, Thomas R. Smith and Chasity J. Ramirez, are the natural parents of the child, Brittany N. Smith (hereinafter, "CHILD"), bom May 5, 1990. The parities, John E. Miller and Connie Miller are the child's maternal grandparents. 4. The parties are subject to a Perry County Order of Court dated September 22, 1993, attached hereto and incorporated herein be reference as Exhibit 5. Mother moved with Child to North 5th Street, Newport, Cumberland County, Pennsylvania in 1995. 6. Thereafter, Mother again moved with Child to 4412 Gettysburg Pike, Camp Hill, Cumberland County in 1999. 7. Although Mother has again moved with Child, it is believed that Child has still been residing in Cumberland County over the last six months. COUNT I - CONTEMPT 6. Paragraphs 1 through 4 are incorporated herein by reference. 7. Immediately after the entry of the Court's Order of September 22, 1993, the child primarily resided with Mother, who also resided with the maternal grandparents. 8. As outlined above, Mother left the maternal grandparent's home and has since then, Child has primarily resided with Mother. 9. Father began having regular contact with child on or about September, 1992. I 0. Father's contact with child ended on or about September, 1993. 11. Grandparents, who maintained primary custody of Child at that time, grew hostile toward Father, and refused to permit him on their property to visit Child. 12. Once Mother moved from the Grandparents' residence, she did not provide a forwarding address to Father. 13. Father learned of the Mother and Child's Newport and Camp Hill addresses through independent investigation. 14. Father's attempts to contact Mother and Child have failed. 15. Accordingly, Father has not had contact with Child since September, 1993. 16. Grandparents still refuse to communicate with Father, nor will they review the location of Mother and Child. WHEREFORE, the Petitioner, Thomas R. Smith, respectfully requests this Honorable Court to find the Respondents in contempt of the existing Order, grant any reasonable attorney's fees incurred by the Petitioner, and such other relief as the Court deems fit. COUNT II - MODIFICATION PART I 18. Paragraphs 1 through 16 are incorporated herein by reference. 19. The custodial arrangement of the existing Order of September 22, 1993 is contingent upon Mother residing with Grandparents as it states in relevant part, "...primary legal and physical custody of the subject child is hereby confirmed in the child's maternal grandparents ...... and also in the child's mother ...... as long as she resides with her parents." (emphasis added). 20. Mother has not resided with Grandparents in approximately five years. 21. Furthermore, Child has not resided in Perry County in approxinmtely five years. 22, The existing Order of September, 22, 1993 does not provide Father with specific periods of partial custody of Child, but rather directs that such periods "Shall be worked out between the mother and father...". 23. As neither Mother nor Grandparents are willing to cooperate with Father, it is believe this flexible arrangement will no longer work WHEREFORE, the Petitioner, Thomas R. Smith, respectfully requests this Honorable Court to modify the existing Order of Court such that specific periods of partial custody are established with the child. Respectfully submitted, Date: Thomas S. Diehl, Esquire Mislitsky & Diehl Supreme Court I.D. No. 78942 One West High Street Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Complaint are tree and correct as relayed to me through Thomas R. Smith. Due to his residing outside the state and the time restrains for filing this matter, a separate verification will be filed when received from the petitioner. I m~derstand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. THOMAS S. DIEHL, ESQ. Attorney for the Petitioner THOMAS R. SMITH CHASITY J. SMITH, JOHN ELLSWORTH MILLER and CONNIE MILLER IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. 92-992 ORDER AND NOW, September 22, 1993, after various hearings on the issue of primary custody of the subject child, Brittany Smith, it is hereby ORDERED AND DIRECTED that primary legal and physical custody of the subject child is hereby confirmed in the child's maternal grandparents, John and Connie Miller, and also in the child's mother, Chasity J. Smith, as long as she resides with her parents. Temporary custody rights are hereby awarded to the child's father, Thomas R. Smith, on an expanded basis to be exercised in New Jersey at the Air Force Base where he is presently stationed. The specific [~eriods 0.5 temporary custody rights shall be worked out between ~other and father of the subject child by direct contact' and/or contact through respective counsel. If no tempbrary ~ustody schedule can be worked out between the parties, each pa~ty shall submit a proposed temporary custody schedule and this' Cou~t shall set forth a specific temporary custody schedule absent agreement of the parties. This Court is satisfied that it is in the best interest of the young child at this time to remain in the grandparents home. However, this Court is impressed with the home study and efforts of the father and his girlfriend to obtain custody of the child and will review child reaches school age. cc: Judith T. Walz, Esq. Jerry A. Philpott, Esq. Allen Rose, Esq. File this matter upon petition before the BY THE COURT: C. JOSEPH ~E~AMP, JUDGE THOMAS R. SMITH PLAINTIFF V. CHASTITY J. RAMIREZ DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANiA 01-538 CIVIL ACTION LAW ~CUSTODY ORDER OFCOURT AND NOW, this 26TH . day of January ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear befo~cq_uellne M, Verney, Esq. _, the conciliato at_ 4th Floor, Cumberland County Courthouse, Carlisle on the 28th day of l?ebruary , 2001, at 2:30 for a Pre-Heating Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this carmot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for enlry of a temporary or permanent order. FOR THE COURT, By:_ ~si ]acqueline M. Verney, Esq. Custody Conciliator The Court of Commun 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 beating or business before the court, You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATI'ORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 THOMAS R. SMITH, Plaintiff CHASITY J. RAMERIZ, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-538 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE ! AND NOW, this ,a day of . 2001, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Thomas R. Smith, and states that he had cause to be mailed a certified copy of a the Petition for Civil Contempt and Modification of Custody Order to the Defendants, Chasity J. Ramimz, and John E. Miller and Connie Miller by certified mail. A copy of said receipts are attached hereto indicating service was made on January 31, 2001 and February 6, 2001, respectively. Respectfully submitted, Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX 131 RE: PETITION FOR CON'r~JMP~/MO~ D 1.90 Chasit¥ Rameriz 19529 West Cambridqe Road 60060 is desire. · P~nt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on thq front if space permits. 1, Article ~dress~d to: CHASITY J. RAMEIRZ 19529 WEST CAMBRIDGE ROAD I~qDELEIN, IL 60060 PS F, C. Signature [] Agent D. Is daiive~y address diffemnt from item l ? []Yes if YES, ente~ delivery address below: [] NO ~$e~ ce Type ~.,e~f'md Mail [] Registered D Insured Mall RE: PETITION FOR CONTI~vS~T/MOD. · Compl~i It~nm 1, 2, m~d 3. N.o comPlmte item 4 If Restricted Delivery is desired. · Print your ~ and address on the reverse so that we can return the card to you. · Attach thl~ card to the back of the mailpiece, or on the f~ont if space permits. J~E-IN E. MILLER CONNIE MILLER RD ~1 BOX 388 MT~.T.RRSTOWN, PA 17062 2, Article Numbe~ (Copy from service label] PS Form 381 1, July 1999 C. Signature If YES, enter delivery address below: [] No 3. Service Type ~ed M~I [] Express Mail r'i Registered [] Return Receipt for Merchandise I-1 Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fse) [] yes 7099 3400 0018 5046 9917 .[h3mestic Return Receipt THOMAS R. SMITH :: Plaintiff :: CHASITY J. RAMIREZ :: JOHN ELLSWORTH MILLER, :: And CONNIE MILLER, :: Defendants :: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No; 01-538 CIVIL ACTION-LAW IN CUSTODY PRELIMINARY OBJECTIONS AND NOW, comes the Defendants, John Ellsworth and Connie Miller, by and through their legal counsel, Barbara L. Wevodau, Esquire, pursuant to Rule 1028 (aX1) of the Pennsylvania Rules of Civil Procedure to petition this Honorable Court to dismiss this Complaint due to the lack of jurisdiction and respectfully submits the following: 1. On January 26, 2001, Defendants were served with a Petition for Civil Contempt and Modification of Custody Order. 2. Defendant, Chastity Ramirez and her husband, relocated with Child to the State of Illinois in June of 2000. 3. Defendants, John E. Miller and Connie Miller, reside in Millerstown, Perry County, Pennsylvania. 4. Plaintiff, Thomas R. Smith, resides in Germantown, M~xyland. 5. Pursuant to Title 23, Section 5344(a)(1), an action regarding custody should be filed in the home state of the child at the time of commencement of the proceeding or where the child has been residing for at least six (6) months. 6. At the time of the commencement of this action on January 26, 2001, the Child was a resident of the State of Illinois since June of 2000. 7. Pursuant to Title 23, Section 5344(a)(1), this Honorable Court would lack jurisdiction to make a child custody determination by initial or modification decree. 8. Also, pursuant to Rule 1028(a)(1) of the Pennsylvania Rules of Civil Procedure, this Court would lack jurisdiction over the subject matter of this action due to the lack of any of the parties to this action residing in Cumberland County, Pennsylvania. WHEREFORE, Defendants requests that this Honorable Court dismiss this action due to lack of jurisdiction over the subject matter. Barbara L. Wevodau, Esquire Supreme Court ID # 85673 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 Attorney for Defendant THOMAS R. SMITH Plaintiff V. CHASITY J. RAMIREZ JOHN ELLSWORTH MILLER, And CONNIE MILLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 01-538 CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE _I, Barbara L. Wevodau, Esquire, hereby certify that, on this date, a true and correct copy of the foregoing Preliminary Objection was served upon Thomas S. Diehl, Esquire, attorney for the Plaintiffin the above-captioned matter by mailing said Preliminary Objection from the New Bloomfield Post Office via first class mail postage prepaid to the following address: Thomas S. Diehl, Esq. Mislitsky & Diehl One West High Street Post Office Box 1290 Carlisle, PA 17013 (717) 240-0833 DATE: ~//L/'/~ / Attorney for the Defendant Supreme Court I.D. No. 85673 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and su~tted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the witJ~in matter for the next Ar~3~nent Court. CAPTION OF CASE (entire caption n~st be stated in D~ll ) Thomas R. Smith (Pl~{ntiff) v~. Chasity J. Ramirez, John Ellsworth Miller and Connie Miller ( Defe_n~nt ) No. 53R Civil Ao~on 19 e State matter to be argued (i.e., plaintiff's motion for new trial, defendant's denur~=r to c~,~la~nt, etc.): jurisdiction of Cumberland County, matter Identi~ycounselwho~]] arc3uecase: PA in the custody modification (a) for pla(ntiff: ~dress: (b) for deferm~ant: ~4~ess: Thomas Diehl. Esq. One West Hig~ Street Suite 208 Carlisle, PA 17013 Barbara Wevodau, Esq. P.O. Box 264 New Bloomfield, PA 17068 I w~ll notify~ll parties in writingwithin two days that this casehas been li~tedforarc3um~nt. 4. Argu~entCourtDate: March 28, 2001 D~ted:March 8, 2001 THOMAS R. SMITH, Plaintiff CHASITY J. RAMEPdZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-538 CIVIL TERM : CIVIL ACTION - LAW : 1N CUSTODY PRAEC1PE FOR WITHDRAWAL OF CUSTODY COMPLAINT TO THEPROTHONOTARY: Please withdraw the Custody Complaint in the above-reference action. Date: Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX THOMAS R. SMITH, Plaintiff CHASITY J. RAMER1Z, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-538 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe to Withdrawal of Custody Complaint was served upon the Defendant by facsimile and by first-class, postage prepaid mail, this day to the following individual: Barbara L. Wevodau, Esquire Attorney for the Defendant P.O. Box 61 Duncannon, PA 17020 Date: ubmitte& Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Carlisle, Pennsylvania 170 l 3 (717) 240-0833 APR 0 ZOO1 THOMAS R. SMITH. Plaintiff CHASITY J. RAMIREZ, JOHN ELLSWORTH MILLER, And CONNIE MILLER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-538 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2~4r~ day of April, 2001, the Conciliator being notified that the Plaintiffhas withdrawn the Custody Complaint, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, J~quelfifie M. Vemey, Esquire, Custod~7onciliator