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HomeMy WebLinkAbout02-1281CHRISTINA M. TEMES PLAINTIFF Vs. ROBERT A. TEMES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2002-I.b°! CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND PETITION TO ESTABLISH JURISDICTION 1. Plaintiff is Christina M. Temes, an adult individual, currently residing at 111 South Walnut Street, Apt. 1, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Robert A. Temes, an adult individual, currently residing at 8838 Dove Cove Drive, Las Vegas, Nevada 89129. Plaintiff seeks custody of the following child: Hunter Moore O'Riley Temes, age 1, born Mamh 12, 2001, at Holy Spirit Hospital, Camp Hill, Pennsylvania.. The child was born while the parties were married. The child is presently in the primary custody of the Plaintiff. During the past five years, or since the child's birth, he has resided with the following persons at the following addresses: (a) From his birth to the age of two months with the Plaintiff and her family in Mechanicsburg, Cumberland County, PA. (b) The Plaintiff and Hunter joined her husband and they all lived in Huxley, Iowa until mid September, 2001. (c) From mid September until mid December, 2001, the parties moved temporarily to Las Vegas. The Plaintiff and Hunter separated from the Defendant to reestablish their home in Pennsylvania in mid December, 2001 and they have remained at their current address since that time. 4. The relationship of the Plaintiff to the child is that of natural mother. She and Hunter reside with her mother, Karen Garrett, stepfather, Jeff Garrett and sister, Michelle Brunner. 5. The relationship of the Defendant to child is that of natural father. He resides with his parent's Janet and Marlin Temes. 6. The Defendant has recently filed a pro se divorce and custody action in Nevada, a copy is attached hereto. Plaintiff in the instant action seeks to establish jurisdiction in Pennsylvania as the child's home state and alleges the following. (A) Hunter has spent in excess of five months of his first year of life in Pennsylvania and less than three months in Nevada. The parties move to Nevada was a temporary move and the Plaintiff left Nevada with the consent of the Defendant to reestablish a home in Pennsylvania. At the time of the separation it was planned that the Defendant would join the Plaintiff and Hunter in Pennsylvania. After her return to Pennsylvania the Plaintiff determined that the marriage was irretrievably broken and told the Defendant she no longer wanted to live with him. (B) The Defendant has a transient life style in that he is an over the road truck driver. The parties frequent moves were occasioned by the Defendant's demands and there is a good chance that he will leave Nevada. (C) The parties have no family members in Nevada and the Plaintiff and Hunter have the support of her parents and other friends and family in Cumberland County. Accordingly, there is substantial evidence concerning the future care, protection, training and personal relationships relating to Hunter in Pennsylvania. (D) Pennsylvania has substantially more elements supporting home state jurisdiction than Nevada and it is in the best interest of Hunter that the Court of Cumberland County establish jurisdiction to determine matters relating to his care and custody. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Mother has always been the primary caretaker of Hunter. (b) The Father has a transient life style and no real fixed abode. 8. 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 action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests your Honorable Court to: A) grant primary legal and physical custody of the child to the Mother; B) establish a visitation schedule for the Father; C) grant such other relief as is just and in the best interest of the child. D) set a court hearing to establish jurisdiction in Pennsylvania. Respectfully submitted, Date: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 rob/domesticJtemes.cus I verify that the statements made in the foregoing Complaint for Custody and Petition to Establish Jurisdiction 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. Christina M. Temes . cc,2-. . District Court 0 S+,"Jc"- ,'voc~ r, e "~-~,,',o,eS Defend,mt. CLARK COUNTY~ NEVADA Case No. Dept. No. D281194 JOINT PRELIMINARY INJUNCTION NOTICE! THIS INgUNCTION IS EFFECTIVE UPON THF~ PARTY REQUF~TING SAME WHEN ISSUED AN~ AGAINST THE OTHER PARTY V*~IEN SERVED. THIS INJUNCTION SHALL la _I~fAIN IN EFFECT FROI~ THE TIME OF ITS ISSUANCE UNTIL TRIAL OR UNTIL DISSOLVED OR MODIFIED BY THE COURT. DISOBEDIENCE OF THIS INJUNCTION IS PUNISHABLE BY CONTEMPT. TO: Plaintiff and Defendant: YOU ARE HEREBY PROtHBITED AND RESTRAINED FROM: 1. Transferring, encumbering, concealing, selling or otherwise disposing of any of your joint, common or community property, except in the usual course of business or for the necessities of life, without the written consent of the parties or the permission of the court. 2. Molesting, harassing, disturbing the peace of or committing an assault or battery upon your spouse or your child or step-child. 3. Removing any child of the parties then residing in the State of Nevada with an intent or effect to deprive the court of jurisdiction as to said child without the prior written consent of the parties or the advance permL~sion of the Submitted SHIRLEY B. PARRAG ,~UIl~,, CLERK OF ~C..~URT By: UNDA t,'~,:,:;-~ ', ',~'~Z - V/EBB By~ Clark County Family Court (SIGNATURE) 601 N. Pecos Lns Yegns~ NV 8~101 STAT/~ OF ) ' A~'[~oAVIT OF SERVICE .., , being duly sworn, says: That ail time herein affiant was and is a c~ of the Uni~i States, over 18 years of age, not a party to nor interested in the proceeding in which this affidavit is made. Thnt_ affiallt rw. eived a copy of the Joint Prellmlnnry Injunction on the. day of ,. and served the same on the day of , __ by: (Affiant must complete the appropriate paragraph) Deliv .et~m~ and leaving a copy with the Plaintiff/Defendant addr~s): _at (state Servin~ the Plaintiff/Defendant and le~vin8 a copy with by personally delivering , n person of suitable age and discretion residing at the Phlath'~'/Defeadant's usual place of abode located at (state address): SU~SOm~ AND SWORN to before me this day of Signature of person making service ~OTARY PUBLIC in and for said County and State My commission expires: [SEAL) District Court CLARK COUNTY. NEYAD& o . u ~ ~ Dept. No. SUMMONS NOTICE! YOU HAVE Bl/i~q SUED. THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEIN¢ l~&RD UNLESS YOU RESPOND wrrFffN 20 DAYS. READ ~ INFORMATION BELOW. TO TIlE DEFENDANT(S): A civil Complaint b~s been filed by the Plaintiff(s) agnlnst yOU for the relief set forth in th. Complaint. 1. If you ~ntend to def~l~i tbi8 lawsoit, within ~ ~ys ~r thi, ~mmo~ is ~ on you, exclmive of~ Oy c s~i~, y~ rsust do ~e follo~: 1. File wi~ ~ Cl~rk of ~s Co~, whose ~ is ~o~ ~low, a fo~ ~i~n ~ ~ ~ C~p~ ~ ~o~ ~ ~e ~ of ~e Co~, ~ ~e ~r~ ~g f~. 2. S~e a c~y of yo~ ~ u~n ~e aRo~y who~ ~ ~ ~&ess is ~o~ ~low. 2. Unless you respond, your default will be entered upon application of the Plnlntiff(s) and this Court may enter judg~nent against you for the relief demanded in the Complaint, which could result in the taking of money or property c other relief requested in the Complaint. 3. If you intend to seek the advice of an attorney in this matter, you should do so promptly so that your respom may be filed on time. 4. The State of Nevada, its political subdivisions, agencies, officers, employees, board members, ¢ommi-~gio members and legislators, each have 45 days after service of this Stzmmolls within which to file an Answer or othe responsive pleading to the Corspl&int. Submitted by: City/Sml~JZlp: Attorney for:. By: SK~IJty B. PARRAGUIRRE, CLERK OF COUR[ ,..,i'~;JA MARTtNET/~--~ Family Court Complex 601 North Peeos Road Las Vegas, NV 89101 NO~i'E: ~ sm-vice is by publication, ~dd a brief S~Ill~D~ See Rules of' Civil Procedure 4Co)~ - of lac o~t,~f of the act/on. Revisml 7/~9/Ji STATE OF. ) * )ss: COUNTY OF ) AFFIDAVIT OF SERVICE , being duly sworn, says: That at all times herein affiant was and is a citize of the United States, over 18 years of age, not a party to nor interested in the proceeding in which th~ affidavit m~de. That Lfrmnt received copy(ies) of the Summons and Complaint, Oil the ,, day of,, , ~ and served the same on the day of , by: -- (Affiant must complete the appropriate paragraph) D~iverin5 and leaving a copy with the Defendant (~tate addren) 2. Se'ring the Defendant _ by persomily deltvefl~ and leavina a cop with . , , a person of suitable age and discretion residing at th Defendant s usual place of abode located at: (state address) (Use paragraph 3 for service upon agent, completing A or B) Serving the Dd'andant b~ personally delivering and itaving a cop at (state address) a. With proce~ , an agent lawfull designated by statute to accept service of b. With .. , p.mm~n, t to NRS 14.020 as a person of suitable age an discretion at the above addr-~s, which aaaress m the addre~___ of the resident agent as shown on t~ current certificate of desJ?ation filed with the S~cretary of State. 4. Personally depositing a copy in a marl box of the United States Post Omce, enclosed in a sealed envelope, postM prepaid (Check appropriate method): . addpm~ to the Defendant is (state address) I~ Ordinary mail [~ Certified marl, mum receipt requested [] Registered mall, return receipt requested at Defendant's last known address whic SUBSCRIBED AND SWORN to before me thi~ day of Notary Public in and for the County of,, State of Nevada Signature of person maidna service 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 2? 28 COMD (Your name)~ (Address') ~'~',~"i~' ./~,~c/~ ~ oc)~ O~C ~ Proper Pe~on DISTRICT COURT CLARK COUNTY, NEVADA ) Plaintiff, ) ) Defen~t, ) ) CASE NO.: DEPT. NO.: 94 COMPLAINT FOR DIVORCE COMES NOW Plaintiff, (your name) ,~ _~b('~.l'"~L T_I~J~ ,in Proper Person as and for a Complaint for Divorce against Defendant, and alleges as follows: 1. That Plaintiff, for a period of more 'than slx weeks immediately preceding the filing of this action, hn8 been and now is an actual, bona fide resident of the State of Nevada, County of Clark, and has been actually physically present and domiciled in Nevada for more than six (6) weeks prior to the filing of this action. 2. That Plaintiff ~nd Defendant were married on the (day) ~ day of (month) /~],~_.~ ,(year) /~q9 in (cit~ and state ofwedding) LOQ.~ /~a~?/~'~/'/C~ / , and have been and still are husband and wife. 3. That there are (number) ~ minor children who are either the issue of this marriage or have been adopted by the parties a~,d (cimle one) Plainti~s not currently pregnant. The nnme(s)and date(s)of birth of the child(mn)are: (name)~~()~.~/Y~IF)J~ (--,)'~l~ ,( ateofb ) 3/l&/O! ;(name) (C) Ch~ County Family Law Self-Help Center ILquary 2, 2001 ALL lUGHT$ RF~E~RV~D Com~.3vflxt (#16) Please call tho ~clf-Holp Center to confirm mos~ currant ve~. 2 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O '21 22 24 25 26 27 28 minor child(ren). , (date of birth) ; and (name). , (date of birth) (CHECK ONLY ONE BOX) The parties are fit a~d proper persons to be awarded joint legal custody of the OR [ ] (Circle one) Plaintiff/Defendant is a fit and proper person to be awarded sole legal custody of the minor child(ren). 5. (CHECK ONLY ONE BOX) [ ] The parties are fit and proper persons to be awarded joint physical custody of the minor child(ten). Plaintiff should have visitation as follows: (must have days and times) Defendant should have visitation as follows: (must have days and times). OR ~]~Circle one~efendant is a fit and proper person to be awarded primary physical custody of the minor child(mn). (Circle one) Plalnti~should have visitation as follows: (must have day~ and times) OR [ ] (Circle one) Plaintiff/Defendant is a fit and proper person to be awarded sole physical custody of the minor child(ren). 6. That the holiday visitation, when in conflict with thc above, will take precedence, and should be as follows: (must specify days and times) O Clark County Family Law Self-Help Center ~tauary 2, 2001 ALL RIGHTS RESERVED call tl~ Scl f-~-Ielp C~nl~r m confirm mo~t currant vm~io~. 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 2~ 26 27 28 For each of the holidays listed below, Plaintiff should have visitation in the even-numbered years and Defendant should have visitation in the odd-numbered years: ¢. until until from from For each of the holidays listed below, Defendant should have visitation in the even-numbered years and Plaimiff should have visitation in the odd-numbered years: a. C ~ ~_-'['- (~-,,_ from ~om from b: from until Plaintiff should have visitation every year for the following holidays: a. from until until from bo O Cl~rk Couaty ~'~mily law ,~1 f-Help C~nmr J~rm~, 2. 2001 ALL RIOHT~ I~$RRVI~D from ComV,.p~.3wpd (#~6) call thc Self-Help Ccnlcr to confirm m~ current 2 3 4 5 ? 8 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 2? 28 until d, from until Defendant should have visitation eveD, year for the following holidays: a. from until until from C. from until d. from until 7. That (circle one) Plaintiff/Defendant should pay child support in the amount of (amount) Sc 2 ~_ '~er month as and for child support; '~.4~ % (CHECK ONLY ONE BOX) '~ That the amount of child in 7 is in support paragraph compliance with NRS 125B.070 and is (circle one~25%/29% of (circle one)Plaintiff's/Defendant's gross monthly income; OR [ ] That under the statutory formula, (circle one) Plaintiff/Defendant would be obligated to pay (amount) $ per month for child support. That amount should be changed because (please see NRS 125B.080 fo~/ the only reasons that you can deviate from the formula) This amount of child support meets the child(ren)'s financial needs; O Clagt County Family Law .~lf, Hidp Center lanul~,y 2, 200 I ALL RIGHTS K.~ERVED t 1 2 3 4 5 6 ? 8 10 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 26 27 28 10, That (circle one~efendant should maintain medical and dental insurance for the minor child(ren), if available. Any deductibles and expenses not covered by insurance should be paid by equally by both parties. (CI-IECK ONLY ONE BOX) [~ That there is no community property to be adjudicated by the Court. OR [ ] That there is community property which needs to be divided by the Court and should be divided as follows: A. To Plaintiff: B, To Defendant: 1. There may be additional community assets of the parties, the exact amounts and descriptions of which are presently unknown to Plaintiff. Plaintiffa~ks permission of this Court to amend this Complaint to insert this information when it becomes known to Plaintiffor at the time of trial. I 1. (CHECK ONLY ONE BOX) [~ That there are no community debts to be adjudicated by the Court. OR [ ] That there are community debts which need to be adjudicated by the Court and should be divided as follows: ~) Cla6c County Family Law Self-Help C~nt~ Sanmu7 2, 2001 ALL RIOHT~ R~$£RV~D Comkpe,3wpd Uae o~ly mo~ currant Please call Ih~ Self-Help C~mer to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26' 27 28 Bo To Plaintiff: 1. 2. 3. 4. 5. 6. To Defendant: 1. 2. 3. 4. 5. 6. There may be additional community debts of the parties, the exact amounts and descriptions of which are presently unknown to Plaintiff. Plaintiff asks permission of this Court to amend this Complaint to insert this information when it becomes known to Plaintiffor at the time of trial. 12. (CHECK ONLY ONE BOX) [~ That neither party should be awarded spousal support. OR [ ] That Plaintiff requests spousal support in the amount of $ per month for (number of years/months) (circle one) months/years. 13. (CHECK ONLY ONE BOX) [ ] That (circle one that applies to wife) Plai?ff_.~)et~Bdan~)should not have her fo,,,er or maiden name restored. ~) Clark County Family Law Self. Help Center January 2, 2001 ALL RIGI-rI~ RESRRVED OR Comkln3~l (#16) Usg only most curront vnn~ion Please call the ~lf-Help ~ntcr to ~nfl~ m~t c~t v~. 2 ? $ 10 11 12 17 2O 21 22 2~ 24 2~ 27 2g [ ] That (circle one that applies to wife) Plainti~ould have her former or maiden name of r~stored to he~r oa [ ] That (circle one that applies to wife) Plaintiff/Defendant never changed her name and therefore should retain her current name. ! 4. (CHECK ONLY ONE BOX) ]~ That during the course of said marriage, the tastes, mental disposition, views, likes and dislikes of Plaintiff and Defendant have become so widely divergent that the parties have become incompatible in marriage to such an extent that it is impossible for them to live together as husband and wife; that the incompatibility between Plaintiff and Defendant is so great that there is no possibility of reconciliation between them. OR [ ] That the parties have lived separate and apart for more than one year and it is impossible for them to live together as husband and wife; there is no possibility of reconciliation. WHEREFORE, Plaintiff prays for a Judgement as follows: 1. That the marriage existing between Plaintiff and Defendant be dissolved and that Plaintiff be granted an absolute Decree of Divorce and that each of the parties be restored to the status ora single, unmarried person; 2. That the Court grant the relief requested in this Complaint; and 3. For such othez: relief as the Court finds to be just and proper. DATED this (day)~ day of (month) , (year) .... By: Your signature) Your name) (Address) (Telephone) /// Plaintiff in Proper Person ~ Cl~f~ County Fimiiy Law Self-Help Cem~r January 2, ALL RIGHTS P-.E,S~RVHD 1 2 3 4 $ 6 7 8 9 10 11 12 STATE OF NEVADA COUNTY OF CLARK (Your name) Q,o~¢-/- deposes and says: ) ) ) ~-.o~'~.o' I~t~ ~', under penalties of perjury, being first duly sworn That (circle one)~she is the Plaintiffin the above-entitled action; that (circle one)/l~she has read the foregoing Complaint for Divorce and knows the contents thereof; that the same is true of (circle one){~aer own knowledge, except for those matters therein contained stated upon information and belief, and as to those matters, (circle one)~she believes them to be true. DATED this ..~ day of (month)/~c.,cc ~ ,(year) 13 14 15 16 17 18 19 20 '21 22 23 24 25 26 27 28 By: (Your signaturel ~{5~..~_-'Y"-'~. ~ (Your name) '~~~~~- SUBSCKIB~ED and SWORN to before me this ~ day of /// /// /// /// /// /// /// ~} Clltk Count~ F~nily Law S~lf-Help Center Janus/2, 2O01 ALL lUOHT$ R~ERVED U~e only ~ Pleas~ ¢~11 the $¢lf. Noll~ C~n~r to confirm mo~ cutw. nt v~si~n. CHRISTINA M. TEMES : PLAINTIFF : : V. : 02-1281 : ROBERT A. TEMES DEFENDANT : IN CUSTODY : ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Tuesday, March 19, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 17, 2002 at 3:30 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. All children age five or older may also be present at the conference. Failure to appear 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 Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ lacaueline M. Vernev. Esa. ~ - ' Custody Conciliator ' 0 ' The Court of Common 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 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 ATrORNEY 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 CHRISTINA M. TEMES, Plaintiff V. ROBERT A. TEMES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. 2002-1281 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this / 9" day of ,~j~,'t ,2002, upon consideration of the attached Custody Conciliatl'on Report, it is ordered and directed as follows: 1. Mother, Christina M. Temes, shall have sole legal custody of Hunter Moore O'Riley Temes, bom March 12, 2001. child. Mother, Christina M. Temes, shall have primary physical custody of the 3. Father shall have periods of visitation and partial physical custody as the parties agree. 4. This Order is entered pursuant to Mother's request at 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, i~A. Hess, cc' obert L. O'Brien, Esquire, ~~~~N/ b counsel for Mother err A. Temes 8838 Dove Cove Drive ~ Las Vegas, NV 89129 ~'/9 't~, ~--- ~"~ CHRISTINA M. TEMES, Plaintiff V. ROBERT A. TEMES, Defendant PRIOR JUDGE: Kevin A. Hess, J. APR 1 8 ZO0 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-1281 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY 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: NAME DATE OF BIRTH Hunter Moore O'Riley Temes March 12, 2001 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on April 17, 2002. The following people were present at the conference: Mother, Christina M. Temes was present with her counsel, Robert L. O'Brien, Esquire. Father, Robert A. Temes, although served with notice of the conference did not appear. 3. Mother requested the entry of an Order in the form as attached. Date ~l{cqu~line M. Vemey, Esquire Custody Conciliator