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HomeMy WebLinkAbout05-2134 SCOTT STEVENS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI v. NO. o5'~ ;2.13</ STEPHANIE SAL TALAMACHIA, Defendant CIVIL ACTION - LAW COMPLAINT FOR CUSTODY 1. Plaintiff is Scott Stevens, residing at 14 Grinnel Drive, Camp Hill, Pennsylvania 17011. 2. Defendant is Stephanie Saltalamachia, residing at 100 South First Stree , Unit F, Lemoyne, Pennsylvania 17043. 3. Plaintiff seeks custody of the following child: Name Tysyn J. Stevens Present Address 14 Grinnel Drive, Camp Hill, PA 100 South First Street, Unit F, Lemoyne, PA Date-of-Birth 10-6-99 4. The child was born out of wedlock. The child is presently in the shared custody of both Plaintiff and Defendant, residing as above indicated. 5. During the past five (5) years, the child has resided with the following per ons the following address(es): a. October 6, 1999 until May 2003 in Parachute, Colorado with Defendant. b. May 2003 until September 2004 at 100 South First Street, Unit F, Lemoyne, Pennsylvania, with Plaintiff and Defendant. c. September 2004 to present shared custody with Plaintiff at her ab ve address and with Defendant at his above address. 6. The mother of the child is currently residing at 100 South First Street, Uni F, Lemoyne, Pennsylvania 17043. She is married. 7. The father of the child is currently residing at 14 Grinnel Drive, Camp Hill, Pennsylvania 17011. He is single. ... 8. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides with the following person(s): None. 9. The relationship of Defendant to the child is that of Mother. Defendant currently resides with the following person(s): Name Robert Legg Relationship Husband 10. Plaintiff has not participated as a party or a witness, or in any other capa ity in other litigation concerning the custody of the child in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who h s physical custody of the child or claims to have custody or visitation rights with respect t the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested. Plaintiff seeks shared legal and primary physical custody f the minor child as follows: Defendant has indicated an intention to relocate to Colorado with the parties' mi or child. Plaintiff objects to this relocation and believes it is in the child's best interest to re ain in Pennsylvania and has primary care. Should Mother elect to remain in Pennsylvania, Father is willing to continue the shared custodial arrangement. However, should Mothe choose to relocate, Father seeks shared legal custody and primary physical custody wi h rights of partial custody to Mother. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this a tion. 2 WHEREFORE, Plaintiff requests the Court to grant him shared legal and primar physical custody of Tysyn J. Stevens. Respectfully submitted, MCNEES, WALLACE & NURICK LLC Date: April 22, 2005 /1 !l~ /1/:/ /. Debre' Demison/Cal) r, Esquire Attbrney 10 No~: 66378 J. Paul Helvy, Esquire Attorney 10 No.: 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorney for Plaintiff 3 , . ~ VERIFICATION Subject to the penalties of 18 Pa. C.SA S 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true a d correct to the best of my information and belief. Dated: LIId,d.ICf:J~ '-. '-. f,J-, ~) , \ "'" --... " '1 (./'\ ,..., \ ~ ,~:,~ ~ \') N ~ ,~ en ~ ~~ ~ ~ '.~ --'0 b ~~ :;::1;) '-.. " N i..v (J\ "\I. , ~ .~, ~, . -0 ',j ~ % '&~ 8 ~ cC'\ l -~ \ SCOTT STEVENS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. os- ~/3+ STEPHANIE SALTALAMACHIA, Defendant CIVIL ACTION - LAW CUSTODY PETITION FOR INJUNCTIVE RELIEF TO PREVENT CHILD'S REMOVAL FROM THE COMMONWEALTH AND NOW comes Petitioner Scott Stevens, by and through his counsel, McNe s Wallace & Nurick LLC, and petitions this Court for injunctive relief as follows: 1. Petitioner Scott Stevens is the natural parent of Tysyn J. Stevens, a min r child, and has resided in Pennsylvania since May of 2003, 2. Respondent is Stephanie Saltalamachia, the natural parent of Tysyn J, Stevens, a minor child, has resided in Pennsylvania since May of 2003. 3. Concurrent with the filing of this petition, Petitioner filed a Custody Com aint seeking primary physical custody of the minor child, 4. There is no existing court order regarding the custody of Tysyn, 5. The parties separated in September of 2004 and have since shared cust dy of Tysyn on an equal basis. 6. Within the last sixty days, Tysyn has been registered for kindergarten in t e West Shore School District and the parties executed a Custody Agreement outlining th current schedule, Petitioner assumed these actions had confirmed that Tysyn would re ain in Pennsylvania under a shared custodial arrangement. 7, Within the last fourteen days, Petitioner has been informed by the daycar center that Respondent terminated Tysyn's daycare effective April 30, 2005, Petitioner as also informed by Respondent of her intention to relocate to Parachute, Colorado with th child. 8, On April 12, 2005, Petitioner informed Respondent of his knowledge regarding her intended relocation and his objection thereto. Respondent provided no assurances that she would remain in Pennsylvania with the minor child. 9. It is believed and therefore averred that absent an order preventing relocation, Mother will remove the child from Pennsylvania to Colorado despite Petitio er's objection, 10. Petitioner requests this Honorable Court to schedule this matter for a Cu tody Conciliation and to enter an order preventing Respondent from removing the child fro jurisdiction pending further Order of Court, 11. Concurrence of counsel was not obtained as Respondent is not represe ted at this time. WHEREFORE, Petitioner requests this Honorable Court to refer this matter to a Custody Conciliation and to enter an order preventing the removal of Tysyn J. Stevens rom the Commonwealth of Pennsylvania absent further Order of Court, Respectfully submitted, MCNEES, WALLACE & NURICK LLC Date: April 22, 2005 VERIFICATION Subject to the penalties of 18 Pa. C,S.A. S 4904 relating to unsworn falsificatio to authorities, I hereby certify that the facts set forth in the foregoing document are true a d correct to the best of my information and belief. Dated: Ld d,~kS- n r-."I 0 c:~ ~ ~ (' c::) -n ~ (~Jl 7:"> .--1 V -0 :r.-n 1lt. ~ ~.,"' r,l ;::-'.c:: ~ r'"'-.-' :1?)~B I'" , U\ -):(? '-. '\: lv ~ '"" 'I': ",.0: ~ -\.) , n. .J ~ ~ " ;;>- C) '.0 ~ N --...:... SCOTT STEVENS, Plaintiff , :?J RECEIVED APR 2 5 2005 LN" I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .. v. NO, 05'. d /50 ~j STEPHANIE SAL TALAMACHIA, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this :lS'dayof t'f;"n'! , , 2005, Respondent, Stephanie Saltalamachia, is hereby enjoined from removing Tysyn J. Stevens from the Commonwealth of Pennsylvania pending a signed agreement or Order of Court. J. C.ofy ~llte/1 I:::x.kr(l Gd(.'( tV! ~,.d~ Rwj (Sf C(fy ~a~l~ti la {)Jl J'-- ',j ':.;~Cl LZ:l :,1j ~;Z\1\i1JS~LZ --------- PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SCOT STEVENS v, 05-2134 CIVIL ACTION LAW STEP ANIE SALTALAMACHlA DEFENDANT IN CUSTODY ORDER OF COURT A 0 NOW,______ Thursday, April28,~005_ _____, upon consideration of the attached Complaint, it is here y directed that parties and their respective counsel appear before Dawu S. Suuday, Esq, at 9 West Main Street, Mechanicsburg, P A 17055 on Tnesday, May 24, 2005 . the conciliator, at 10:30 AM ~..._.- for a Pre Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this ca not be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. I children age five or older may also be present at the conference. Failure to appear at the conference may provide rounds for entry of a temporary or permanent order. he court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special elief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT. By:~ Dawn S. Sunday, E~. Custody Conciliator .)!l'_ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans wi h Disabilites Act of 1990. For in/onnation about accessible facilities and reasonable accommodations av ilablc to disabled individuals having business before the court, please contact our office. All arrangements m st be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled co ference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. fr YOU DO NOT H YE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET F RTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedjord Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .{r~~) f)'?? :? Ptr??'U t'~7 _>0 3r/-; / . j;77I':?j? /'2?'Y.!/ /;7!J4J?, iV J('" h H2<Z/p'? .&P f!- /-,pVH/ -~J'-Yl 5:.7 :5ei? AUV!";:'~ ';',i'; 82 \' 1l.J .t1n(]7 SO :ZI HJ ,de,; oU,(, .'" "\,,..,. '.....", 1::11. 11' ~O /I'--,-,."JI ..,,: '.,., '\ F~r. ...Jli -,' ' '-.ii''-',I-".,..,,,.. ..... ~ :y\~ -l-!n-(1=nl.:J .........',.,_.'- -,- . SCOTT STEVENS Plaintiff RECEIVED JUN 08 2005f1^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 05-2134 CIVIL ACTION LAW STEPHANIE SALT ALAMACHIA Defendant IN CUSTODY / ORDER OF COURT AND NOW, this /c(lIJ day of consideration of the attached Custody Conciliation Re I ~ , 2005, rt, it is ordered and directed as follows: upon 1, A Hearing is scheduled in Court Room No, 4 of the Cumberland County Courthouse on the /!Jd1 day of Oe7Z/UA.....> ,2005, atJi.M o'cJock~, m., at which time testimony will be taken, For purposes ofthe hearing, the Father, Scott Stevens, shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for the parties or a party pro se shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness, These memoranda shall be filed at least ten days prior to the hearing date, 2, Pending further Order of Court or agreement of the parties, the parties shall share having legal custody and physical custody of Tysyn J, Stevens, born October 6, 1999, The Mother shall have physical custody of the Child from May 26,2005 through July 1, 2005 and the Father shall have custody of the Child for a period of 4 Y, weeks beginning on July I, 2005, The parties shall equally share having custody of the Child during any remaining weeks prior to the hearing, The parties may agree to adjust the July 1, 2005 exchange of custody date to accommodate the Mother's husband's work schedule. 3. The prior Order of this Court dated April 25, 2005 prohibiting removal of the Child from the Commonwealth of Pennsylvania, shall continue in effect as modified by this Order. BY THE COURT, cc: vBebra Denison Cantor, Esquire - Counsel for Father .;;tephanie Saltalamachia, Mother ~ J. FILE[)...(YFICE THE PROTH~)"'!OTARY JUIJ IS MilO: 55 SCOTT STEVENS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 05-2134 CWIL ACTION LAW STEPHANIE SALTALAMACHIA Defendant IN CUSTODY Prior Judge: Kevin A, Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: DATE OF BIRTH CURRENTLY IN CUSTODY OF NAME Tysyn J, Stevens October 6, 1999 Mother/Father 2, A conciliation conference was held on May 24, 2005, with the following individuals in attendance: The Father, Scott Stevens, with his counsel, Debra Denison Cantor, Esquire, and the Mother, Stephanie Saltalamachia, who is not represented by counsel in this matter. 3, The Father filed this Petition seeking primary physical custody in the event the Mother relocates to Colorado as she currently plans. The Father obtained an Order from the Court prior to the conciliation (dated April 25, 2005) prohibiting removal of the Child from Pennsylvania until further Order of Court or agreement of the parties. Prior to the filing of the Father's Petition, the parties had been sharing physical custody of the Child since 2003, 4, Prior to the Special Relief Order which was entered on April 25, 2005 prohibiting removal of the Child from the Commonwealth, there have been no prior custody Orders in this matter as the parties had established ongoing arrangements by agreement. Most of the discussion at the conciliation conference centered on the details of arrangements for the parties to obtain a custody evaluation to assist them in determining where the Child would live during the school year primarily after the Mother's move to Colorado as the Child begins kindergarten in the fall. However, the Mother, who was not represented by counsel at the conference, requested additional time to consider the evaluation ----- . . and agreed to advise the conciliator of her decision within a week following the conference, The Mother, having moved to Colorado in the meantime, has advised that she is requesting that a hearing be scheduled on the primary custody issue rather than proceeding with the evaluation, 5, At the conference, the parties were able to reach an agreement as to summer custody arrangements pending completion of an evaluation (or hearing), However, it is requested that the hearing be scheduled prior to the beginning of the 2005-2006 school year as primary physical custody of the Child is at issue, 6, The conciliator submits an Order in the form as attached scheduling a hearing and providing for summer custody arrangements as agreed between the parties. It is expected that the hearing will require at least one-half to one full day, 7, The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to continue to reside in Pennsylvania where he has lived since. 2003 and has had substantial contact with both parents under a shared custody schedule, The Father indicated that the Child has substantial contacts in Pennsylvania where the Father's extended family resides, The Father stated that he would agree to continue the shared custody schedule if the Mother remains in Pennsylvania, The Father proposed that the parties obtain a custody evaluation with a professional that could be selected to accommodate both parties' schedules in light of the Mother's upcoming move to Colorado, 8. The Mother's position on custody is as follows: At the time of the conference, the Mother intended to move, with her husband, to Colorado within a few days, The Mother believes it would be in the best interest of the Child to live with her in Colorado primarily during the school year, The Mother indicated that she intended to move to Colorado as her husband had accepted ajob offer there, The Mother had lived in Colorado, where her extended family resides, prior to 2003, The Mother considered the possibility of participating in a custody evaluation to obtain guidance as to the Child's needs and interests in connection with the proposed relocation, However, the Mother notified the conciliator's office following the conference that she did not wish to obtain the evaluation but instead wished to proceed directly to a hearing, 9, The conciliator recommends an Order in the form as attached scheduling a hearing and providing for the interim arrangements to which the parties agreed at the conciliation conference, ~ Date II ::1005 Daf~ Custody Conciliator SCOTT STEVENS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs, NO, 05-2134 CIVIL STEPHANIE SALT ALAMACHIA, Defendant CIVIL ACTION - LA W CUSTODY IN RE: PETITION FOR CUSTODY ORDER AND NOW, this 30' day of November, 2005, after hearing and lengthy reflection upon the testimony adduced, primary physical and legal custody of the child, Tysyn J. Stevens, born October 6, 1999, is awarded to his father, the plaintiff, Scott Stevens, subject to such reasonable rights of partial custody in the mother, Stephanie Saltalamachia, as the parties may agree, The parties are invited to file with the undersigned proposals for the mother's partial custody in the event the parties cannot reach agreement. Likewise, either party may request further hearing in the event that the mother returns to live in central Pennsylvania. BY THE COURT, ~ra Denison Cantor. Esquire For the Plaintiff ~.J ~ephanie Saltalamachia Legg ~ ~I ~~~~;~,2~~ 81635 ~ r_~~~_h Pro Se Defendant LJ><:c ~~~ oQ' :rlm IV: "J \ /'lJ ~ .....:::; 'V " C~\> : -3:-\:1. -