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HomeMy WebLinkAbout02-4030NM McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy(&-mwn.com Attorneys for Defendant KEVIN P. TALHELM, Plaintiff V. MICHELE A. POSSENTI, Defendant 2011 JU1 -3 PM 12.2 ; CUMBEF PEN; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4030 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY PROOF OF SERVICE I hereby certify that a true and correct copy of the Notice of Proposed Relocation file in the above matter was served on Plaintiff's counsel, Michael A. Scherer, Esquire, by certified mail, return receipt requested on May 31, 2011. The Notice was received and signed for by Mr. Scherer's office on June 1, 2011. The original receipts are attached hereto as Exhibit "A." McNEES WALLACE & NURICK LLC By J. P Helvy orney ID .5 48 Dated: June 8, 2011 7160 3901 9648 9176 7868 TO: Michael A. Scherer, Esquire Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 SENDER: 283 REFERENCE: 30819-0001 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees , US Postal Service PosTMaOJ?VgArz !0 Receipt for f N ?tl Certified Mail a sC M ? t Z No Insurance Coverage Provided Q r i Do Not Use for International Mail ------------- 2. Ardole Number 7160 3901 9848 9176 7888 Michael A. $chq: qr, E; gyire Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 EXHIBIT A CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 liclle Armour, Legal Secretary Dated: June 8, 2011 KEVIN P. TALHELM, Plaintiff V. MICHELE A. POSSENTI, Defendant COUNTER-AFFIDAVIT REGARDING RELOCATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4030 CIVIL ACTION - LAW IN CUSTODY Ny L„.M. rs C This proposal of relocation involves the following child/children Child's Name Samuel P. Talhelm Age Currently residing at: 13 113 Woodview Road Mt. Holly Springs, PA 17065 Jack M. Talhelm O .r- -VI -r, -um CD T 12 113 Woodview Road Mt. Holly Springs, PA 17065 :::7 I 1 I have received a notice of proposed relocation and 1. I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to the notice. 2. 1 do not object to the relocation, but I do object to modification of the custody order, and I request that a hearing be scheduled: a. Prior to allowing (name of child/children) to relocate. b. After the child/children relocate. 3..I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Date: TAG /0, L011 _'Z4 '? ?. iz6f Kevin P. Talhelm • CERTIFICATE OF SERVICE I hereby certify that on June 10, 2011, I, Andrea M. Ramos, secretary to Michael A. Scherer, Esquire of Baric Scherer, did serve a copy of the Counter-Affidavit Regarding Relocation, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: J. Paul Helvy, Esquire. McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, Pennsylvania 17108 U Andrea M. R Amos I~ ILED-0F It: . THE PRR0TH1"1Ft, 2011 JUN 15 Ate 10: 21 CUMBERLAND COUNT T' PENNSYLVANIA McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelwOmwn.com Attorneys for Defendant KEVIN P. TALHELM, Plaintiff V. MICHELE A. POSSENTI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4030 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF ACCEPTANCE OF SERVICE On behalf of Plaintiff Kevin P. Talhelm, I hereby accept service of the Notice of Proposed Relocation in the above matter. Dated: '' Jn c ? , Zo11 BARIC SCHERER By ichae A. cherer Attorney I D 6 N7 7 19 West South Street Carlisle, PA 17013-3432 Attorney for Plaintiff (A931503:1) OF THELPROTHON TARY 2011 JUN 28 PSI 3: 15 CUMBERLAND COUNTY PENNSYLVANIA McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy0inwn.com Attorneys for Defendant KEVIN P. TALHELM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-4030 CIVIL TERM MICHELE A. POSSENTI, CIVIL ACTION - LAW Defendant IN CUSTODY MOTION FOR HEARING Pursuant to 23 Pa. CS § 5337, J. Paul Helvy, Esquire, counsel at McNees Wallace & Nurick LLC, respectfully requests that this Honorable Court to schedule a hearing with regard to Defendant Michele A. Possenti's Notice of Relocation, and, in support thereof, avers as follows: 1. Defendant Michele A. Possenti filed a Notice of Proposed Relocation on June 1, 2011. A copy of which is attached hereto as Exhibit "A." 2. It is Mother's desire to move to 9290 Bennoel Court, Elk Grove, California, 95758 on August 1, 2011 with her three children. 1 3. Service upon Plaintiffs counsel was completed. See Proof of Service and Affidavit of Acceptance of Service collectively attached hereto as Exhibit T." 4. Plaintiffs counsel filed a Counter-Affidavit with this court on June 10, 2011, a copy of which is attached hereto as Exhibit T." 5. Pursuant to 23 Pa. CS § 5337(g), "...the Court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before the relocation occurs." WHEREFORE, Defendant requests that a hearing on this matter be scheduled in the near future. McNEES WALLACE & NURICK LLC By Attorneys for Defendant, d Michele A. Possenti Dated: June?iR 2011 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 44VIaZ ichelle Armour, Paralegal Dated: JuWS,'2011 {A931503:1 } A-- FILED-OFFICE " T PROTHONOTARY i-i 2011 JUN - I Ate 10: 25 CLIMSERLAND COUNTY PENNSYLVANIA McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvw(&-mwn.com Attorneys for Defendant KEVIN P. TALHELM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-4030 CIVIL TERM MICHELE A. POSSENTI, CIVIL ACTION - LAW Defendant IN CUSTODY NOTICE OF PROPOSED RELOCATION PURSUANT TO 23 PA.C.S.A. $ 5337 AND NOW, comes Michele A. Possenti ("Mother"), natural Mother of three children, namely: Paige L. Talhelm, date of birth: November 2, 1991, Samuel P. Talhelm, date of birth September 15, 1997, and Jack M. Talhelm, date of birth: January 10, 1999 ("Children"), by and through her attorneys, McNees Wallace & Nurick LLC, and intends to relocate on August 1, 2011 to 9290 Bennoel Court, Elk Grove, California, 95758, and hereby gives notice of the same to Kevin P. Talhelm ("Father"), and in support thereof avers as follows: 1. The address of the intended new residence is 9290 Bennoel Court, Elk Grove, California, 95758. 1 2. The mailing address of the intended new residence is 9290 Bennoel Court, Elk Grove, California, 95758. 3. The names and ages of the individuals who will be living at this new residence, including individuals who intend to live in the new residence, include: Michele A. Possenti, age 47, Paige L. Talhelm, age 19, Samuel P. Talhelm, age 13, Jack M. Talhelm, age 12, Rick M. Sassman, age 51, and Melinda P. Sassman, age 45. 4. The home telephone number of the intended new residence is (916) 684- 0393. 5. The name of the new school district and school for the parties' Children will be as follows: A. Samuel P. Talhelm: Elk Grove Unified School District, and specific school placement will be determined following an evaluation, assessment and individualized educational plan. B. Jack M. Talhelm: Elk Grove Unified School District, Toby Johnson Middle School. C. Paige L. Talhelm: University of the Pacific. 6. The date of the proposed relocation is August 1, 2011. 7. The reasons for the proposed relocation include, but are not limited to, the following: A. Mother has primary physical custody of the Children as established in the Order of Court dated September 19, 2002, a copy of which is attached hereto as Exhibit "A," and Mother has been, since the Children's birth and continues to be, the Children's primary caretaker. B. The parties' minor Child, Samuel, is severely autistic and suffers from a seizure disorder, and as a result, requires 24 hours a day 1 to 1 supervision and care. 2 Except when Samuel is in school and the limited time that Samuel is with Father, Mother provides Samuel's 24 hour care. Mother returning to full-time employment would require Mother to hire a full-time certified nursing assistant, and the cost of a nursing assistant is significantly greater than any income Mother may earn through full-time employment. C. In addition to providing for the care and well being of the parties' Children, Mother provides significant financial support to the parties' 19 year old college student daughter, Paige. Father has control of funds specifically set aside by the parties during their marriage for Paige's college expenses. However, Father refuses to release the funds over which he has control. Thus, Mother is the parties' daughter's only means of financial support. D. In light of Mother's substantial financial burden to care for the parties' Children, Father has reduced his support payments by approximately $700, and Mother, who was already on a thin budget, is now financially unable to afford the household and other expenses related to the care of the parties' Children. E. Due to Father's full time employment, Father is unable to provide for the necessary care of the parties' Children. Mother is solely responsible for taking Samuel to the pediatrician, neurologist, endocrinologist, GI doctor, cardiologists, dentist, eye doctor, multiple appointments for blood tests and other diagnostic testing, evaluations, case manager meetings, speech therapists, physical therapist, ER visits, meetings with teachers and behaviorists, toileting programs, and extracurricular activities. F. Mother has a significant support system in Elk Grove, California (California is the location in which Mother and Father originally met). Mother's support system in Elk Grove, California, includes, but is not limited to, the following: Mother would be residing with Melinda Sassman (Mother's sister), and Rick Sassman (Mother's brother-in-law), who have provided great emotional 3 support for Mother and the Children, and are willing and able to have Mother and the parties' Children reside in their four-bedroom (able to convert to five-bedroom) home. The parties' Child, Paige, plans to attend University of The Pacific in the Fall 2011, and the Sassman residence is in close proximity to this university and would greatly reduce Mother's expense to provide room and board for Paige, as Father has refused to do so. iii. The parties' Child, Paige, is currently the only other qualified adult that Mother can afford who cares for Samuel's special needs, and Mother living near Paige will substantially improve the care provided to Samuel. iv. Melinda Sassman is a "Para-Educator" and has experience working with children with special needs, specifically autism, and Samuel will greatly benefit from the daily interaction with his Aunt, Melinda Sassman. V. With the care provided by Melinda Sassman and Paige Talhelm, Mother believes that Samuel will receive enough care to allow Mother to work outside of the home. In anticipation of the relocation, Mother has recently received an offer for employment in California as an assistant to a real estate agent, a position that she simply could not take while living in Pennsylvania without support. G. The parties' Children have a very close relationship with their Aunt and Uncle, Melinda and Rick Sassman, and would greatly benefit from spending additional time with the relatives who have already provided emotional, educational, and financial support. 4 8. Mother proposes to revise the current custody schedule as follows: A. Mother shall have primary physical custody (no change); B. Father shall have partial physical custody and continued contact with the Children: i. One extended weekend per month, as permitted by the parties' minor Children's school schedule; ii. Shared holidays; iii. Mutually agreed upon extended periods of physical custody during the summer; iv. Reasonable telephone and internet communication as agreed upon by the parties' Children and Father. 9. Mother reserves the right to present other relevant information to the proposed relocation if a Court Order is necessary to approve the proposed relocation and the modification of the custody order. 10. Mother has included a Counter-Affidavit that Father may use to object to the proposed relocation and the modification of the custody order. 5 WARNING TO NON-RELOCATING PARTY IF YOU DO NOT FILE WITH THE COURT AN OBJECTION TO THE PROPOSED RELOCATION WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE, YOU SHALL BE FORECLOSED FROM OBJECTING TO THE RELOCATION. McNEES WALLACE & NURICK LLC By J. ul Helvy ttorney I. D o. 53148 100 Pine Stree P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (facsimile) phelvy(a)-mwn.com Attorneys for Defendant, Michele A. Possenti Dated: S -31-11 6 VERIFICATION verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: S - 3 l -1 1 MAO" roS5441 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Arran a Felty, Legal Secretary Dated: 5 - 31 - 11 H )r McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelw0own. com Attorneys for Defendant 2011 JUN 15 Ali 10: 21 CUMBERLAND COUNTY PENNSYLVANIA KEVIN P. TALHELM, Plaintiff V. MICHELE A. POSSENTI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4030 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF ACCEPTANCE OF SERVICE On behalf of Plaintiff Kevin P. Talhelm, I hereby accept service of the Notice of Proposed Relocation in the above matter. Dated: ;? Jn c Zo( ) BARIC SCHERER By Michaerk Scherer Attorney I D 6(q-74( 19 West South Street Carlisle, PA 17013-3432 Attorney for Plaintiff {A931503:1) r EB ..fit McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy c(D..mwn.com Attorneys for Defendant KEVIN P. TALHELM, Plaintiff V. MICHELE A. POSSENTI, Defendant "I I JUN - 9 PM 12: 2 4, "UMBERLAh'L COUij p' RENNsYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4030 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PROOF OF SERVICE I hereby certify that a true and correct copy of the Notice of Proposed Relocation file in the above matter was served on Plaintiffs counsel, Michael A. Scherer, Esquire, by certified mail, return receipt requested on May 31, 2011. The Notice was received and signed for by Mr. Scherer's office on June 1, 2011. The original receipts are attached hereto as Exhibit "A." McNEES WALLACE & NURICK LLC By (2?? J. P Helvy ?4 orney ID t!!?48 Dated: June 8, 2011 7160 3901 9848 9176 7888 T(): Michael A. Scherer, Esquire Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 SENDER: 283 REFERENCE: 30819-0001 RETURN Postage RECEIPT Certlfled Fee SERVICE Retum Receipt Fee Restricted Delivery Total Postage & Fees , US Postal Service POSTMARK' Receipt for c.1 Certified Mail Q Q I cyl No Insurance Coverage Provided a Do Not Use for International Mad b ?. ,. ------ 2. Article Number 71LO 3901 9848 917L 7898 1. Article Addressed to: Nlichat:l A. Seller .r, k; f]yirc Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 ru 1-1111 Jo 11, January 2005 EXHIBIT A CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 is elle Armour, Legal Secretary Dated: June 8, 2011 ib I 41 KEVIN P. TALHELM, Plaintiff V. MICHELE A. POSSENTI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4030 CIVIL ACTION - LAW IN CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION This proposal of relocation involves the following child/children Child's Name Samuel P. Talhelm Jack M. Talhelm Acme Currently residing at: cs C -b 3 rnW ?m Z? u, r max' r? D C'i p 13 113 Woodview Road Mt. Holly Springs, PA 17065 12 113 Woodview Road Mt. Holly Springs, PA 17065 N d c 0 -v Y N .C' --4 mF -Orn 70c) o1 --iG =rn 1D T ci I have received a notice of proposed relocation and 1. I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to the notice. 2. 1 do not object to the relocation, but I do object to modification of the custody order, and I request that a hearing be scheduled: a. Prior to allowing (name of child/children) to relocate. b. After the child/children relocate. 3. 1 do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). 1,12 Date: Tkc I n, L011 LIZ Kevin P. Talhelm CERTIFICATE OF SERVICE I hereby certify that on June 10, 2011, I, Andrea M. Ramos, secretary to Michael A. Scherer, Esquire of Baric Scherer, did serve a copy of the Counter-Affidavit Regarding Relocation, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: J. Paul Helvy, Esquire. McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, Pennsylvania 17108 Andrea M. R Amos E KEVIN P. TALHELM, Plaintiff V. MICHELE A. POSSENTI, Defendant • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4030 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this 7-4 day of 2011, upon consideration of the Motion for Hearing, it is hereby ORDERED that a hearing is scheduled for the1'4day of 2011, /136 9,m./p.m., in Courtroom No. . BY THE COURT: J. Distribution: / '? J. Paul Helvy, 100 Pine Street, Harrisburg, PA 17101 Mike Scherer, 19 W. South Street, Carlisle, PA 17013 A ; c ke /t A .'Po.s 5e-'W; -717111 ?n ?"j, C C= S Ol?... rrj ? i ' rn -, - n {A931503:1} C C r__3 ^z KEVIN P. TALHELM, IN THE COURT OF COMMON PLEAS C_ -' { rte; -- Plaintiff CUMBERLAND COUNTY, PENNSYL r5kim{ A ?kl > cam ' vs. CIVIL ACTION - LAW - -- NO. 02-4030 CIVIL MICHELE A. POSSENTI, Defendant CUSTODY N3 ORDER AND NOW, this Z q- day of July, 2011, hearing in the above-captioned matter set for July 29, 2011, is continued generally pending submission of a stipulated agreement. BY THE COURT, A. Hess, P. J. 'Michael Scherer, Esquire For the Plaintiff ? Debra D. Cantor, Esquire For the Defendant 0 .1'ed P 'M 11a pu xB rlm KEVIN P. TALHELM, Plaintiff V. MICHELE A. POSSENTI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4030 CIVIL TERM `7 71 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this q day of August, 2011, upon consideration of the fully- Fib executed Agreement of the parties, attached hereto, said Agreement is incorporated as an Order of Court. BY THE COURT: Distribution: J. Paul Helvy, ? Mike Scherer, J. 100 Pine Street, Harrisburg, PA 17101 19 W. South Street, Carlisle, PA 17013 ? {A931503:1)