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HomeMy WebLinkAbout02-2841ROBERT A. MESSERSMITH, Plaintiff VS. TERESA BAULHAMUS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: ,~-~- ~'/ : : CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, ROBERT A. MESSERSMITH, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is ROBERT A. MESSERSMITH, who currently resides at 4115 Fawn Drive, Apartment B, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is TERESA BAULHAMUS, who currently resides at 940 South 30th Street, Camp Hill, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of primary physical and legal custody with respect to AMBER ALEXIS ALISABETH MESSERSMITH-BAULHAMUS, born November 14, 1998. The child was born out of wedlock. The child is presently in the custody of Plaintiff, ROBERT A. MESSERSMITH. Since birth, the child has resided with the following persons and at the following addresses: from birth until November, 2000, with both parents at various addresses in Pennsylvania; from November, 2000, until April, 2002, with Defendant at various addresses in Pennsylvania; from April, 2002, until the present with Plaintiff at 4115 Fawn Drive, Apt. B, Harrisburg, Pennsylvania, and with Defendant at 940 South 30th Street, Camp Hill, Pennsylvania, in a shared custody arrangement. The mother of the child is TERESA BAULHAMUS, who currently resides at 940 South 30th Street, Camp Hill, Pennsylvania. She is not married. The father of the child is ROBERT A. MESSERSMITH, who currently resides at 4115 Fawn Drive, Apt. B, Harrisburg, Pennsylvania. He is not married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with his mother, Diana Messersmith. 5. The relationship of the Defendant to the child is that of mother. She currently resides with her daughter's friend, ,lennifer. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who 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 confirming rights of primary physical and legal custody in Plaintiff because Plaintiff can better care for the child. 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. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of primary physical and legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE ROBERT A. MESSERSMITH ROBERT A. MESSERSMITH : IN THE COURT OF COMMgN PLEAS OF : CUMBERLAND COUNTY, P~ENNSYLVANIA PLAINTIFF I : I V. ~AW TERESA BAULHAMUS DEFENDANT : 02-2841 IN CUSTODY : ORDER OF COURT CIVIL ACTION AND NOW, Friday, June 14, 2002 , upon consideratiol it is hereby directed that parties and their respective counsel appear before Melissa I at 301 Market Street, Lemoyne, PA 17043 on Monday, July for a Pre-Hearing Custody Conference. At such conference, an effort will be made t~ if this cannot be accomplished, to define and narrow the issues to be heard by the em order. All children age five or older may also be present at the conference. Failure t, provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Prote~ Special Relief orders, and Custody orders to the conciliator 48 hours prior to scl FOR THE COURT, · of the attached Complaint, · Greevy, Esq. , the conciliator, L$,2002 at 1:30 PM resolve the issues in dispute; or rt, and to enter into a temporary appear at the conference may tion from Abuse orders, leduled hearing. By' /s/ Melissa P. Greevv. Esa. ~,,/~ 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 re~ ~onable accommodations available to disabled individuals having business before the court, please contac 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 £ NCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPH¢ ~NE 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 FtI.ED--OFFiC:E 02 JU~ I ? ?~,', 12:.~3 P£NNSYL~f~N~A ROBERT A. MESSERSMITH, Plaintiff/Respondent Vo TERESA L. PAULHAMUS, Defendant/Petitioner IN THE COURT OF f CUMBERLAND COUNTY 02-2841 CIVIL TEF ORDER OF COURT AND NOW, this 17th day of June, 20G we will enter the following temporary order pend and further hearing, if necessary, in this matte 1. The parties shall have joint le their daughter Amber Alexis Elizabeth Paulhamus child. 3. Mother shall have primary physi Father shall have partial physi child each week from Sunday at 10:00 a.m. until 7:00 p.m. This matter is to be referred to cc custody complaint filed by father at the earlies By the Cou~ OMMON PLEAS OF PENNSYLVANIA 2, after hearing ing conciliation r: 'al custody of born 11/14/98. ~al custody of the ~al custody of the qednesday at ~ciliation on the practical date. Charles E. Petrie, Esquire For the Plaintiff/Respondent Melissa L. Van Eck, Esquire For the Defendant/Petitioner Court Administrator's Office it Edward E. ~uido, J. ROBERT A. MESSERSMITH, : Plaintiff : v. : NO. 02-2841 : TERESA L. PAULHAMUS, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY DEFENDANT'S ANSWER AND COUNTERCLAIM I. Admitted. 2. Denied. The correct spelling of the Defendant's name is Teresa L. Paulhamus. The address specified for Defendant is correct. 3. The correct spelling of the minor child's name is Amber Alexis Alisabeth Paulhamus, born November 14, 1998. It is further denied that the child is presently in the custody of the Plaintiff. By Order dated June 17, 2002, upon the filing of an Emergency Petition by Defendant, the Plaintiff was directed to return physical custody of the child to Defendant. A temporary shared custody arrangement was entered by the Court pending the custody conciliation. Attached hereto, marked as Exhibit "A", and incorporated herein by reference is a copy of said Court Order. It is further denied that the child has lived in a "shared custody arrangement" since birth. To the contrary, the child has always been in the primary legal and physical custody of Defendant, Teresa Paulhamus, since birth with visitation to the Plaintiff as agreed upon by the parties. At no time was the child in the custody of Plaintiff. It is admitted that the child was born out of wedlock and that the parties are the natural parents of the minor child. It is further admitted that neither party is married. Document #237268 4. Admitted. 5. Denied. The averments of paragraph 5 are specifically denied. On the contrary, Defendant currently resides with the minor child, Amber Alexis, and Jennifer Fox, of whom she is custodian. 6. 7. Admitted. Denied. The averments of paragraph 7 are specifically denied and proof thereof is demanded. On the contrary, the averments of the counterclaim set forth below are incorporated herein by reference. 8. Admitted. COUNTERCLAIM FOR CUSTODY 9. The Defendant is Teresa L. Paulhamus, residing at 940 South 30th Street, Camp Hill, Cumberland County, Pennsylvania. 10. The Plaintiff is Robert A. Messersmith, whose last known address was 4115B Fawn Drive, Harrisburg, Dauphin County, Pennsylvania. 11. Defendant seeks custody of the following child: Amber Alexis Alisabeth (d.o.b. 11-14-98) 940 South 30th Street Camp Hill, PA 17011 The child was bom out of wedlock. The child is presently in the custody of Teresa L. Paulhamus, who resides at 940 South 30th Street, Camp Hill, Pennsylvania. Document #237268 -2- During the past three years, the child has resided with the following persons and at the following addresses: Teresa L. Paulhamus Lindsie R. McCleaf Jennifer Fox 940 South 30th Street Camp Hill, PA 17011 11/2001 to presem Teresa L. Paulhamus Lindsie R. McCleaf 434-1/2 Market Street New Cumberland, PA 5/2001 tO 11/2001 Teresa L. Paulhamus Lindsie R. McCleaf Jennifer Fox 434-1/2 Market Street New Cumberland, PA 9/21/00 to 5/2001 Teresa L. Paulhamus Lindsie R. McCleaf Robert A. Messersmith Jennifer Fox 434-1/2 Market Street New Cumberland, PA 12/1/99 to 9/21/00 Teresa L. Paulhamus Lindsie R. McCleaf 434-1/2 Market Street New Cumberland, PA 6/1/99 to 12/1/99 Teresa L. Paulhamus Lindsie R. McCleaf 90 Rose of Sharon Drive Etters, PA 11/14/98 to 6/1/99 The mother of the child is Teresa L. Paulhamus, currently residing at 940 South 30th Street, Camp Hill, PA. She is single. The father of the child is Robert A. Messersmith, whose last known address was 4115B Fawn Drive, Harrisburg, PA. He is single. 12. The relationship of Defendant to the child is that of mother. The Defendant curremly resides with the following persons: Document #237268 -3- Alexis Alisabeth Daughter Jennifer Fox 13. The relationship of Plaintiffto the child is that of father. The Plaintiff currently resides with the following persons: Diane Messersmith Mother 14. Defendant has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. Defendant has no information of a custody proceeding conceming the child pending in a court of this Commonwealth or any other state. Defendant 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. 15. The best interest and permanent welfare of the child will be served by granting primary legal and physical custody to Defendant, Teresa L. Paulhamus, for the following reasons: (a) Defendant has been primary caregiver of said child since birth and is in a better position to provide a stable, loving environment for the child; (b) Defendant has, and continues to have, stable child care for said child while Defendant works; (c) Child has resided with both Defendant and her sister since birth; (d) Plaintiff had minimal contact with said child from birth until December 1999; (e) Plaintiffonly took an interest in the child's life as of December 1999; Document #237268 -4- (f) Plaintiff has only taken a permanent, active role in the care and nurturing of the child since 12/99 and a change in custody would be traumatic and dismptive to the child; and (g) Only as of May 2002 has Plaintiffexercised his visitation rights for more than one day. 16. 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, Defendant requests the Court to grant custody of the child to Defendant. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Defendant Dated: Document #237268 -5- ROBERT A. MESSERSMITH, : Plaintiff/Respondent : : V. : : TERESA L. PAULHAMUS, : Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2841 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of June, 2002, after hearing we will enter the following temporary order pending conciliation and further hearing, if necessary, in this matter: 1. The parties shall have joint legal custody of their daughter Amber Alexis Elizabeth Paulhamus, born 11/14/98. 2. Mother shall have primary physical custody of the Child. 3. Father Shall have partial physical custody of the Child~eaCh~week ~0mi'Sunday at 10:00 a.m. until Wednesday at 7:00p.m. This matter is to be referred to conciliation on the custody complaint filed by father at the earliest practical date. By the Edward E. Guido, J. Charles E. Petrie, Esquire For·the~Plaintiff/Respondent Metissa L. %;an Eck, Esquire F0r'~he Defendan~P~tit~0ner Court Administrat0r's office it TRUE'cOPY FROM RECORD In Testimony ~vhereof, i here unto set my han~ and the _s_s_s~_i of said Court at Carlisle. Pa. Prothon~tar'v ~ 06/25/02 TUE 13:38 FAX 717 231 6637+ RHOADS SINON LLP ~002 VERIFICATION I, Teresa L. Panlhamus, hereby certify that the facts set forth in the foregoing Defendant's Answer and Counterclaim are true and correct to the best of my katowledge, information and belief and that false statements herein are made subject deposes ~nd says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authori Jes. Teresa L. Paulhamus CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law finn of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the Defendant's Answer and Counterclaim with reference to the foregoing action by First Class Mail, postage prepaid, this~ day of June, 2002, on the following: Charles E. Petrie, Esquire 3528 Brisban Street Paxtang, PA 17111 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Karl R. Hildabrand, Esquire Document #237268 ROBERT A. MESSERSMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-2841 CIVIL ACTION - LAW TERESA PAULHAMUS, Defendant IN CUSTODY JOINT CUSTODY AGREEMENT AND NOW, comes the parties hereto, Robert A. Messersmith (Father) and Teresa Paulhamus (Mother) and makes the following Joint Custody Agreement with regard to their natural bom daughter, Amber Alexis Alisabeth (Child), dob November 14, 1998, wishing to make known and agree to the following: 1. The parties shall have joint legal custody of the Child. 2. Mother shall have primary physical custody of the Child. 3. Father shall have partial physical custody of the child for visitation, each week beginning on Sunday at 10:00 a.m. until Wednesday at 7:00 p.m. 4. Mother shall keep Father and Father shall keep Mother informed of any major decisions involving said Child. Mother and Father shall make joint decisions regarding the Child whenever necessary. 6. Mother and Father shall keep each other informed of any change of address, change of job and/or change of telephone number with regard to each and/or said Child. 7. Neither Mother nor Father shall remove the Child from the State of Pennsylvania without the parties notifying each other. 8. It is agreed that Mother shall maintain insurance on said Child. Said insurance is covered for a one year period and renewable at the end of that year. Said amount of insurance is $30.00 per month. This amount will be divided equally between Mother and Father and shall be payable on the 1st of each month. Mother shall inform Father at the end of the one year period of any increase in said insurance and will provide proof of same to Father. 9. It is agreed that any medical, dental, prescription or any other necessity that said Child is in need of and which the insurance does not cover will be divided equally between Mother and Father. Mother will provide such proof of reimburse to Father. 10. Mother and Father may at any time, if mutually agreeable between the parties, modify and/or change said Agreement. 11. Father shall be responsible for childcare expense when Child is in his care and Mother shall be responsible for childcare expense when Child is in her care. Upon entry of Child into Pre-School, as agreed between the parties, in the Fall of 2002, both Mother and Father shall equally share expense of said preschool and any other expenses associated with Child being in preschool. The parties intending to be legally bound, do hereby set their hands and seals this ~ day of July, 2002. Teresa Paulhamus WITNESS: WITNESS: ROBERT A. MESSERSMITH, Plaintiff VS. TERESA PAULHAMUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2841 CIVIL ACTION - LAW IN CUSTODY AND NOW, this ~ ~ day of '~ ,2002 upon consideration of the attached Joint Custody Agreement of the parties, it is hereby ORDERED that the Joint Custody Agreemem is hereby adopted, approved, incorporated and merged herein as an Order of this Court. ,JUL 2 2 2002 ~ ROBERT A. MESSERSMITH, Plaintiff TERESA L. PAULHAMUS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2841 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 15th day of July, 2002, the parties having reached an agreement which has been memorialized in a Stipulation to be filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR T~ / Melissa Peel Greevy, Esquire ttCustody Conciliator :160560 i~ :;.':, I!! ~1 -IFI?Zft