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HomeMy WebLinkAbout06-4052SHAWN VANTASSELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Cciril Tu w VS. : NO. 06,110,5Z TABITHA VANTASSELL, : CIVIL ACTION-LAW Defendant CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce, or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 SHAWN VANTASSELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 0 40 9 TABITHA VANTASSELL, : CIVIL ACTION-LAW Defendant : CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff, Shawn Vantassell, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, files Complaint for Custody against Defendant, and in support thereto, avers the following: 1. Plaintiff is Shawn Vantassell, Father, who currently resides at 7073 Carlisle Pike, Lot 62, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Tabitha Vantassell, Mother, who currently resides at 1016 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks custody of the following children: Name: Present Address : Age: Aidan Conklin 1016 Harrisburg Pike 4 years Carlisle, PA d.o.b. 10/09/01 Fabian I. Vantassell 1016 Harrisburg Pike 3 years Carlisle, PA d.o.b. 12/18/02 Xavier J. Vantassell 1016 Harrisburg Pike 1 year Carlisle, PA 08/29/04 4. Fabian and Xavier Vantassell were not born out of wedlock. Aidan Conklin was born out of wedlock. 5. The children are presently in the custody of the Defendant/Mother, who currently resides at the address referenced in Paragraph Two above. 6. During the past five years, the children have resided with the following persons and at the following addresses: Persons: Addresses: Dates: Tabitha Vantassell, Mother 1016 Harrisburg Pike 07/08/06 to Steven Fetter Carlisle, PA present Deborah Fetter Shawn Vantassell, Father and 7073 Carlisle Pike 12/01/01-07/08/06 Tabitha Vantassell, Mother Shawn Vantassell, Father, 7073 Carlisle Pike Nov. 2003 to Tabitha Vantassell, Mother April 2004 Joshua Vantassell, Plaintiff's brother 7. The Mother of the children is Tabitha Vantassell who resides at the address referenced in Paragraph Two above. 8. She is married to the Plaintiff, Shawn Vantassell. 9. The Father of the children is Shawn Vantassell, who resides at the address referenced in Paragraph One above. 10. He is married to the Defendant, Tabitha Vantassell. +t 11. The relationship of the Defendant to the children is that of natural mother. She currently resides with Steve Fetter, Deborah Fetter, and the subject children. 12. The relationship of the Plaintiff to Fabian and Xavier Vantassell is that of natural father. The relationship of the Plaintiff to Aidan Conklin is that of step-father. 13. Plaintiff has standing to bring a custody action for Aidan Conklin because he has acted in loco parentis to the child because: a. The child has resided with the Plaintiff and Defendant since the child was four weeks old; b. The child knows the Plaintiff as his father; c. The child has had little or no contact with his biological father; d. Plaintiff has been the primary caregiver of the child since the child was four weeks old; e. Plaintiff supports the child financially and emotionally. 13. Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or another court. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) The Plaintiff is desirous of continuing the close, loving relationship he has with the children; (b) The Plaintiff is economically able to care for the children; (c ) The Plaintiff has been the caretaker of the children since birth. WHEREFORE, Plaintiff respectfully requests this honorable Court enter an Order granting him primary physical custody of the children. Respectfully submitted, f Shana M. Pugh, Esq ' Law Office of Patric . Lau , Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 Date: I LII)ot, ID# 200952 Tel. (717) 763-1800 SHAWN VANTASSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. TABITHA VANTASSELL : CIVIL ACTION-LAW Defendant : CUSTODY VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. -/3-c Date: Signatur Shawn Vantassell SHAWN VANTASSELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TABITHA VANTASSELL DEFENDANT 064052 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 24, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday. August 29, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this 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: Is/ Jacqueline M. Verne Es q. IkA Custody Conciliator 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 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 i :i:i-a AUG 2 9 2006, SHAWN VANTASSELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 20064052 CIVIL ACTION - LAW TABITHA VANTASSELL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this-3-9-day of , 2006, upon -34 consideration of the attached Custody Conciliation le rt, it is ordered an d directed as follows: 1. The Father, Shawn Vantassell and the Mother, Tabitha Vantassell, shall have shared legal custody of Aidan Conklin, born October 9, 2001, Fabian I. Vantassell, born December 18, 2002 and Xavier J. Vantassell, born August 29, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children as follows: A. During the first two weeks of every month, Sunday at 5:00 p.m. to Wednesday at 5:00 p.m. B. During the third week of every month, from Friday at 5:00 p.m. to Monday at 5:00 p.m. C. During the fourth week of every month, Wednesday from 5:00 p.m. to Thursday at 5:00 p.m. 4. Mother shall sign a release with Aiden's counselor/therapist to permit the counsel/therapist to speak with Father's attorney. Only if Aiden's counselor agrees shall Aiden be included in any physical custody schedule in this Order. Holidays shall be shared as agreed by the parties. 6. Transportation shall be shared such that the party relinquishing custody shall transport. 7. Each party shall be entitled to 10 consecutive days with the children provided they give the other party 30 days prior notice and the non-custodial party consents to the 10 days. Provided however, that the non-custodial parent may not unreasonably withhold their consent. The requesting party must provide an address and telephone number where the children may be reached. 8. Neither party may relocate the children outside of the jurisdiction without prior Order of Court. 9. Neither party may partake in illegal drugs or alcohol to the point of intoxication immediately prior to or during their periods of custody. This restriction also applies to any daycare provider or relative in whose presence the children will be in. 10. Neither party shall do or say anything which may estrange the children from the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the children comply with this provision. 11. This Order is entered pursuant to an agreement of the parties 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. A telephone conference shall be held on November 28, at 8:30 a.m. BY THE cc?4na M. Pugh, Esquire, Counsel for Father ,Parry Baturin, Esquire, Counsel for Mother O 4 61 FILED?:)F CE OF THE M T HONOTARY 200 AUG 30 Pill 3* 23 PENNSVLVANA a i AUG 2 SHAWN VANTASSELL, Plaintiff V. TABITHA VANTASSELL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4052 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aidan Conklin October 9, 2001 Mother Fabian 1. Vantassell December 18, 2002 Mother Xavier J. Vantassell August 29, 2004 Mother 2. A Conciliation Conference was held in this matter on August 29, 2006, with the following in attendance: The Father, Shawn Vantassell, with his counsel, Shana M. Pugh, Esquire, and the Mother, Tabitha Vantassell, with her counsel, Harry Baturin, Esquire. 3. The Honorable Edgar B. Bayley entered a PFA Order dated July 18, 2006 at Docket No. 05-4210 against Father providing for Father not to abuse, stalk, harass or threaten Mother. 4. The parties agreed to an Order in the form as attached. f-as-o6 Date ac eline M. Verney, Esquire Custody Conciliator 9 tu?? SHAWN VANTASSELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-4052 TABITHA VANTASSELL, : CIVIL ACTION-LAW Defendant CUSTODY TO THE PROTHONOTARY: Please withdraw the appearance of Shana M. Pugh, Esquire, in the above-captioned action as the plaintiff, Shawn Vantassell is entering his appearance pro se. Respectfully submitted, 14 q t? ana M. Pugh, squire Law Offices of Patrick F. auer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: ~ (? ID# 200952 Tel. (717) 763-1800 TO THE PROTHONOTARY: Please enter the appearance of Shawn Vantassell, Pro se, in the above-captioned action. Respectfully submitted, Shawn Vantassell, Pro se 819 Mountainview Road Date ?d` Shermans Dale, PA 17090 r-? ti'7 t ? ? -, f ?,? ?.^ _a r v"s -r. ..,.. -;, ? ; ?, -?r, ; c:`. `? ._ ? NOV 88 =6,,'4 SHAWN VANTASSELL, Plaintiff V. TABITHA VANTASSELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4052 CIVIL ACTION - LAW IN CUSTODY T AND NOW, this 28th day satisfied with the current Order of 1 in this matter. November, 2006, being advised that the parties are the Conciliator hereby relinquishes jurisdiction FOR THE COURT, AA / -l Lt"- ?' iq eline M. Verney, Esq,uire Custody Conciliator MNVAIASNN3d c I .C Wd SZ RON goon Jo A % TABITHA VANTASSELL, Plaintiff VS. SHAWN VANTASSELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. a ao 6 - `? - 2009 CIVIL ACTION LAW - CUSTODY MODRUTION OF CUSTODY COMPLAINT AND NOW, this day of March, 2009, comes the Plaintiff, TABITHA VANTASSELL, by and through his attorneys, BATURIN & BATURIN and modifies the Custody Complaint as follows: 1. The Plaintiff is TABITHA VANTASSELL, residing at 7073 Carlisle Pike, Lot 62, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is SHAWN VANTASSELL, residing at 7073 Carlisle Pike, Lot 62, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff, TABITHA VANTASSELL, seeks custody of the following minor children: AIDAN CONKLIN, currently 7 years of age born October 9, 2001; FABIAN 1. VANTASSELL, currently 6 years of age born December 18 2002; XAVIER J. VANTASSELL currently 4 years of age born August 29, 2004. Said minor children currently reside at 7073 Carlisle Pike, Lot 62, Carlisle, Cumberland County, Pennsylvania 17013. 4. Fabian I. Vantassell and Xavier J. Vantassell were not born out of wedlock. Aidan Conklin was born from a previous relationship. • 5. The said minor children are presently in the custody of Plaintiff/Natural Mother, TABITHA VANTASSELL and she resides at 7073 Carlisle Pike, Lot 62, Carlisle, Cumberland County, Pennsylvania 17013. 6. During the past seven years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Mother & Father 7073 Carlisle Pike, Lot 62 Birth- Current Carlisle, PA 17013 7. The Plaintiff and Defendant were married on , and have since that date separated 8. The relationship of Plaintiff to the said minor child is that of Natural Mother. 9 The relationship of Defendant to Fabien Vantassell and Xalxier Vantassell is that of Natural Father and Stepfather to Aidan Conklin. 10. . Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of his said minor child in this or another court. There is a current Interim Order for Custody, attached as Exhibit "A" which is in effect in Cumberland County, Pennsylvania. 11. Plaintiff has been before the Court in a Protection From Abuse matter. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth, please see Paragraph 10. 13. 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 minor child. 14. The Plaintiff feels it is in the best interest of the minor child'to grant her request for the following reasons: A. Plaintiff/Natural Mother is well able to adequately provide for the continuing health, educational needs and general welfare of said minor children; B. Plaintiff/Natural Mother is well able to adequately provide for said children with a proper and wholesome environment; physically, emotionally, psychologically and socially, within which to live; and C. It is in the best interest of said minor children generally that primary physical and legal custody be granted to natural mother, Tabitha Vantassell, Plaintiff herein. 15. 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. WHEREFORE, Plaintiff, TABITHA VANTASSELL, requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final Order granting primary legal and physical custody of said minor children, AIDAN CONKLIN, FABIAN I. VANTASSELL, XAVIER J. VANTASSELL and to the Plaintiff/Natural Mother, TABITHA VANTASSELL. Respectfully Submitted, BATURIN & BATURIN By: Mu,y, jv-% T Q;a"`^ Harry M. Baturin 2604 North Second Street Harrisburg, PA 17110 717-234-2427 Attorney for Plaintiff 1 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 P.A.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ?'1 4""", 6 SHAWN VANTASSELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4052 CIVIL ACTION - LAW TABITHA VANTASSELL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3L day of A, I fN?_ , 2006, upon consideration of the attached Custody Conciliati Report, it is ordered and directed as follows: 1. The Father, Shawn Vantassell and the Mother, Tabitha Vantassell, shall have shared legal custody of Aidan Conklin, born October 9, 2001, Fabian I. Vantassell, born December 18, 2002 and Xavier J. Vantassell, born August 29, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children as follows: A. During the first two weeks of every month, Sunday at 5:00 p.m. to Wednesday at 5:00 p.m. B. During the third week of every month, from Friday at 5:00 p.m. to Monday at 5:00 p.m. C. During the fourth week of every month, Wednesday from 5:00 p.m. to Thursday at 5:00 p.m. 4. Mother shall sign a release with Aiden's counselor/therapist to permit the counsel/therapist to speak with Father's attorney. Only if Aiden's counselor agrees shall Aiden be included in any physical custody schedule in this Order. Holidays shall be shared as agreed by the parties. 6. Transportation shall be shared such that the party relinquishing custody shall transport. 7. Each party shall be entitled to 1 p consecutive days with the children provided they give the other party 30 days prior notice and the non-custodial party consents to the 10 days. Provided however, that the non-custodial parent may not unreasonably withhold their consent. The requesting party must provide an address and telephone number where the children may be reached. 8. Neither party may relocate the children outside of the jurisdiction without prior Order of Court. 9. Neither party may partake in illegal drugs or alcohol to the point of intoxication immediately prior to or during their periods of custody. This restriction also applies to any daycare provider or relative in whose presence the children will be in. 10. Neither party shall do or say anything which may estrange the children from the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the children comply with this provision. 11. This Order is entered pursuant to an agreement of the parties 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. A telephone conference shall be held on November 28, at 8:30 a.m. BY THE COURT, S A 7 cc: Shana M. Pugh, Esquire, Counsel for Father Harry Baturin, Esquire, Counsel for Mother In T W s??m :;?y hand SHAWN VANTASSELL, Plaintiff V. TABITHA VANTASSELL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4052 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aidan Conklin October 9, 2001 Mother Fabian I. Vantassell December 18, 2002 Mother Xavier J. Vantassell August 29, 2004 Mother 2. A Conciliation Conference was held in this matter on August 29, 2006, with the following in attendance: The Father, Shawn Vantassell, with his counsel, Shana M. Pugh, Esquire, and the Mother, Tabitha Vantassell, with her.counsel, Harry Baturin, Esquire. 3. The Honorable Edgar B. Bayley entered a PFA Order dated July 18, 2006 at Docket No. 05-4210 against Father providing for Father not to abuse, stalk, harass or threaten Mother. 4. The parties agreed to an Order in the form as attached. ?'a 5 -a 6 Date ac eline MEsquire Custody Conciliator `a ? co c TABITHA VANTASSELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-4052 CIVIL ACTION LAW SHAWN VANTASSELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ Tuesdax, April 14, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, April 27, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this 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 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: lsl zaequeline M. Verney Es . Custody Conciliator 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 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 FILE? r CE?,TARY t rH :r:1`,?. rte: 7009 APR 15 AH 9* 24 &IL4 - (Slz?f rvsu L, LCCL -40 ?(-W/ COPY 46011 . U?xI TABITHA VANTASSELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4052 CIVIL ACTION - LAW SHAWN VANTASSELL Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 14 1h of September, 2009, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ?- V Jac eline M. Verney, Esquire, Cu ody Conciliator FILED--C: k 3` ;E OF THE IRd H 2009 SEP 15 All S. 2 4 SHAWN VANTASSELL, Plaintiff V. TABITHA VANTASSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ^ NO. 2006-4052 IN CUSTODY i; NV ?D F yr 1 ,77 ....' EMEGENCY PETITION FOR SPECIAL RELIEF AND NOW, TO WIT, this Second day of May, 2011, comes Petitioner, Tabitha Vantassell, by and through her counsel, Eric R. David, Esquire, and in support of her Emergency Petition for Special Relief, avers the following: 1. Your Petitioner is Tabitha Vantassell, who resides at 1016 Harrisburg Pike, Carlisle, Pennsylvania, 17013. 2. Your Respondent is Shawn Vantassell, who resides at 10 Meadowbrook Road, Carlisle, Pennsylvania, 17015. 3. Your Petitioner seeks custody of: Aidan Conklin b. 10/09/01 Fabian Vantassell b. 12/18/02 Xavier Vantassell b. 08/24/04 4. Your Petitioner is the mother of all three children. Your Respondent is the father of Fabian Vantassell and Xavier Vantassell. 1- -,70, UU,,"t A7 dk47y37 5. The children resided with Petitioner and Respondent for their entire lives, from birth until April 30, 2011, when Petitioner and Respondent ended their relationship. 6. Your Petitioner was the children's primary caretaker for all of their. 7. Respondent does not work. Respondent is disabled and has a host of health issues which would make it impossible for him to give care to three small children. 8. Respondent income from Social Security Disability would not cover rent and expenses for himself, let alone the needs of three small children. 9. While Respondent has a long history of domestic violence Respondent has become increasingly physically and emotionally abusive towards the children and the Petitioner in recent months; including grabbing the children by the hair and pushing them into furniture. Respondent takes no medication to control his diagnosed mental conditions. 10. The children are afraid of Respondent, and do not wish to remain in his custody. It. Petitioner is gainfully employed in two positions of which working hours take place primarily during the school day of the children. 12. Petitioner has arranged childcare for the children during the summer months and can make such arrangements as would be necessary during the interim period. 13. It is imperative to the children's health, safety and emotional well-being that the children remain in Petitioner's care until such time as Respondent can provide a stable and safe environment. WHEREFORE, Your Petitioner respectfully prays that this Honorable Court grant a temporary order the Petitioner's sole physical custody pending a conciliation or hearing before the Court. Respectfully Submitted, RONUNGER & ASSOCIATES Date: Eric R. David, Esq. 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 205748 Attorney for Petitioner SHAWN VANTASSELL., Plaintiff V. TABITHA VANTASSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-4052 IN CUSTODY CERTIFICATE OF SERVICE I, Eric R. David, Esquire, certify that I this day served a copy of the within Complaint for Custody and Emergency Petition for Special Relief upon the following by depositing the same in the United States Mail, postage pre-paid, by first class mail, in Carlisle, Pennsylvania, addressed as follows: Shawn Vantassell 10 Meadowbrook Road Carlisle, PA 17015 Respectfully Submitted, ROMINGER & ASSOCIATES Date: ! - ` a' C Eric R. David, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 205748 Attorney for Petitioner SHAWN VANTASSELL., IN TILE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TAPITHA VANTASSELL, NO. 2006-4052 Defendant IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: antassell, Petitioner/Defendant AUG 2 9 2006 SHAWN VANTASSELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4052 CIVIL ACTION - LAW TABITHA VANTASSELL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _,3aday of a & I a r% ? - , 2006, upon consideration of the attached Custody Conciliate Report, it is ordered and directed as follows: 1. The Father, Shawn Vantassell and the Mother, Tabitha Vantassell, shall have shared legal custody of Aidan Conklin, born October 9, 2001, Fabian I. Vantassell, born December 18, 2002 and Xavier J. Vantassell, born August 29, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children as follows: A. During the first two weeks of every month, Sunday at 5:00 p.m. to Wednesday at 5:00 p.m. B. During the third week of every month, from Friday at 5:00 p.m. to Monday at 5:00 p.m. C. During the fourth week of every month, Wednesday from 5:00 p.m. to Thursday at 5:00 p.m. 4. Mother shall sign a release with Aiden's counselor/therapist to permit the counsel/therapist to speak with Father's attorney. Only if Aiden's counselor agrees shall Aiden be included in any physical custody schedule in this Order. Holidays shall be shared as agreed by the parties. 6. Transportation shall be shared such that the party relinquishing custody shall transport. 7. Each party shall be entitled to 1 Q consecutive days with the children provided they give the other party 30 days prior notice and the non-custodial party consents to the 10 days. Provided however, that the non-custodial parent may not unreasonably withhold their consent. The requesting party must provide an address and telephone number where the children may be reached. 8. Neither party may relocate the children outside of the jurisdiction without prior Order of Court. 9. Neither party may partake in illegal drugs or alcohol to the point of intoxication immediately prior to or during their periods of custody. This restriction also applies to any daycare provider or relative in whose presence the children will be in. 10. Neither party shall do or say anything which may estrange the children from the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the children comply with this provision. 11. This Order is entered pursuant to an agreement of the parties 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. A telephone conference shall be held on November 28, at 8:30 a.m. BY THE COURT, 5 cc: Shana M. Pugh, Esquire, Counsel for Father Harry Baturin, Esquire, Counsel for Mother TRAIF. 10+pw `4. ^rr^RD y hand Pa I'll SHAWN VANTASSELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TABITHA VANTASSELL, Defendant CIVIL ACTION - LAW NO. 2006-4052 IN CUSTODY ORDER OF COURT AND NOW, this day of / ? C7 rrnCo =-n x rn "• F:: r I -D CD LD ?-- ?C -4 cD C7 m Z 2011, upon consideration of the within Emergency Petition for Special Relief, the Petitioner is r granted full physical custody W a hearing v46-be-heltl on the day of ??Gt 2011, in Courtroom # , at ?3' a)o'clock P m. at the Cumberland County Courthouse in Carlisle, Pennsylvania. r By the CourtJ. Distribution: Eric R. David, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 +1 Shawn Vantassell 10 Meadowbrook Road Carlisle, PA 17015 a6 s SHAWN VANTASSELL., PLAINTIFF V. TABITHA VANTASSELL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-4052 CIVIL TERM ORDER OF COURT AND NOW, this ? day of June, 2011, upon consideration of plaintiffs emergency petition for special relief and defendant's answer thereto, the petition for relief is DENIED. As the court directed in its order of May 9, 2011, if either party desires a modification of the court's order, said party shall file an appropriate petition and request that the matter be referred to a conciliator. By the Court, ? Eric R. David, Esquire For Plaintiff /Shawn Vantassell, Pro se 10 Meadowbrook Road Carlisle, PA 17015 :saa Albert H. Masland, J. rn CO - OOP sw .. OF THE?P OTHONo AR`,2011 SEP -2 PM 3: 59 CUMBERLAND CCUMTk, SHAWN VANTASSELL, Plaintiff/Petitioner V. TABITHA VANTASSELL, Defendant/Respondent :LWIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-4052 CIVIL TERM IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, SHAWN VANTASSELL, Plaintiff, to proceed in forma pMeris. I, Marcus A. McKnight, III, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. By: Respectfully submitted, IRWIN & N11WNIGHY. P.C. 60 West Pomfret Street Carlisle, 'Pennsylvania 17013 (717) 249-2353 Attorney for Pla' Date: September 2, 2011 SHAWN VANTASSELL IN THE COURT OF COMMON PLEAS OF I'l-AINTIFF CUMBERLAND COUNTY, PENNSYLVAN IA I ' V' 2006-4052 CIVIL ACTION LAW C O =rn Cl/) 7 U)r i C? TABITHA VANTASSELL IN CUSTODY ? ' CD -!I DEFENDANT t c a ; ORDER OF COURT AND NOW, Wednesday, September 07, 2011 _ , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 07, 2011 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 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 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: ls/ acgueline M. Verney, Esq. f,_ __ Custody Conciliator 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 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 It Telephone (717) 249-3166 vea7eyj 6"-f y f hq? lb. SHAWN VANTASSELL, PLAINTIFF V. TABITHA VANTASSELL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-4052 CIVIL TERM ORDER OF COURT AND NOW, this --' day of January, 2012, upon agreement of counsel, the custody hearing scheduled for February 1, 2012, is continued generally. The hearing will be rescheduled at the request of any party. By the Court, l'7 Albert-. Masla d, J. 11 Marcus A. McKnight, III, Esquire For Plaintiff n Eric R. David, Esquire -?z cn For Defendant :saa 4V