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HomeMy WebLinkAbout02-4030KEVIN p. TALHELM, Plaintiff vs. MICHELE A. POSSENTI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ~2.~o CIVIL TERM CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Kevin p. Talhelm, an adult individual residing at 1204 Sherwood Drive, Cumberland County, Pennsylvania. 2. The Defendant is Michele A. Possenti, an adult individual residing at 1204 Sherwood Drive, Cumberland County, Pennsylvania. 3. Plaintiff seeks partial custody of the following children: Name Present residence Paige L. Talhelm Samuel p. Talhelm Jack M. Talhelm 1204 Sherwood Drive Carlisle, Pennsylvania 1204 Sherwood Drive Carlisle, Pennsylvania DOB. 11.2.91 9.15.97 1204 Sherwood Drive Carlisle, Pennsylvania 1.10.99 The children were not born out of wedlock. The children are presently in the custody of Defendant at 1204 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: PeEson~s Kevin P. Talhelm and Michele A. Possenti Kevin P. Talhelm and Michele A. Possenti Residences 1204 Sherwood Drive Carlisle, Pennsylvania 6007 Scotchpine Drive Milford, Ohio 45150 Dates May, 2000 to present May, 1997 to May, 2000 The natural mother of the children is Michele A. Possenti, currently residing at 1204 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania. She is married to the Plaintiff. Plaintiff currently resides with the following persons: Names The natural father of the children is Kevin P. Talhelm, currently residing at 1204 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania. He is married to the Defendant. 4. The relationship of the Plaintiff to the children is that of natural father. The _.Rel~ Defendant and children Wife and children 5. The relationship of the Defendant to the children is that of natural mother. The Defendant currently resides with the following persons: Name_s Plaintiff and children Husband and children 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claim to have custody or visitation rights with respect to the children. 7. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children 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 children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant him partial physical custody of the child Date: Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A Scherer, ~s-squir~- I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ma s~DornesticlTalh elm\t alhelm.cor n VERIFICATION_ The statements in the foregoing Complaint For Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. ~ have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: Kevin p. Talhelm KEVIN P. TALHELM PLAINTIFF MICHELE A. POSSENTI DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4030 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, September 04, 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 Tuesday, September 17, 2002 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. 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/ Jacqueline M. Verney, Esq,, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SEP ] 8 ~002 KEVIN P. TALHELM, Plaintiff V. MICHELE A. POSSENTI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4030 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this tq" dayof ~, ~,~r ,2002, upon consideration of the attache~ ~uustody Conciliation Report, it is ordered and directed as follows: 1. The Father, Kevin P. Talhelm, and the Mother, Michele A. Possenti, shall have shared legal custody ofPaige L. Talhelm, bom November 2, 1991, Samuel P. Talhelm, bom September 15, 1997 and Jack M. Talhelm, born January 10, 1999. Each parent shall have an equal right, to be exemised 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. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody as follows: A. Alternating weekends from Friday to Sunday at times agreed by the parties. B. Two evenings each week on days and at times agreed by the parties. C. Such other times as the parties agree. 4. 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. BY THE C/~U~ cci/Michael A. Scherer, Esquire, Counsel for a~~er J' ,SamuelL. Andes, Esquire, Counsel for Mother ~ i~"~l'i~''L ~}~ KEVIN P. TALHELM, Plaintiff V. MICHELE A. POSSENTI, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-4030 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Paige L. Talhelm Samuel P. Talhelm Jack M. Talhelm November 2, 1991 Mother September 15, 1997 Mother January 10, 1999 Mother 2. A Conciliation Conference was held in this matter on September 17, 2002, with the following individuals in attendance: The Father, Kevin P. Talhelm, with his counsel, Michael A. Scherer, Esquire and Mother, Michele A. Possenti, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date y, Esquire Custody Conciliator