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HomeMy WebLinkAbout03-1028 MARIA ANDREA TRAGOULIAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. 2003 - t O~p ~'v~L ~~ DA VID A. SEIFERT, Defendant CIVIL ACTION - LA W CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, this ~ day of March 2003, comes the Plaintiff, Maria Andrea Tragoulias, by her Attorney, Arthur K. Dils, Esquire, and respectfully requests the following: 1. Your Plaintiff is Maria Andrea Tragoulias, an adult individual who currently resides at 22B Hall Manor, Harrisburg, Dauphin County, Pennsylvania 17104. 2. The Defendant, David A. Seifert, is an adult individual who currently resides at 59 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant were never married; however, one child was born to them; namely: Angel Marie Seifert, born December 11, 2000, in Harrisburg, Pennsylvania. 4. The Plaintiff and Defendant resided together until July 2002, at which time it was agreed between the parties that the Defendant's mother would continue to take the child to daycare through her employment at the Commonwealth of Pennsylvania and the Plaintiff would enjoy partial custody rights with her daughter. 5. Since that time, the Defendant and his mother have limited the Plaintiffs time with her daughter in that she is not permitted to visit the child outside of the home of the Defendant and his mother. 6. The minor child has resided at the following addresses since birth: (a) 1802 North Third Street, Harrisburg, Pennsylvania, where the minor child resided immediately after birth; (b) 48 West Keller Street, Mechanicsburg, Pennsylvania, until 2002; (c) 59 East Main Street, Mechanicsburg, Pennsylvania 17055 at present with Defendant and his mother. 7. There has been no prior action for custody or visitation concerning the minor child in this or any other jurisdiction. 8. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor children in this or any other Court. 9. The 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. 10. The Plaintiff, Maria Andrea Tragoulias, believes that it is in the best interest of her child that she be granted primary physical custody. 11. The Plaintiff, Maria Andrea Tragoulias, believes that it is in the best interest of her child that she and the father, David A. Seifert, share legal custody. WHEREFORE, Plaintiff, Maria Andrea Tragoulias, respectfully prays your Honorable Court to grant her primary physical custody of her daughter with partial custody rights in the Defendant, David A. Seifert, and shared legal custody. Respectfully submitted, ,./) .' BY: W/!/~ Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PAl 71 02 (717) 232-9724 J.D. No. 07056 Date: March 6, 2003 VERIFICA TION I verify that the statements made in this Complaint for Custody 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: March 6, 2003 (:) ;q {;) ~ i ....... - c c. ~ 0 C :- --....- . -rj 1" ., . ~..". -- V) rl"':: :J - ~ ~.-::-: W 0 f ?j ~i? ..-.... ~ ~ ~,:::: , "-:J - --, (;v J;::~ ~-" ( ~ {~ f.: N ..- r Y- :.-"" :..-..., .,-,-,,} .-1 -<'.: MARIA ANDREA TRAGOULIAS PLAINTIFF IN THE COURT Of' COMMON PLEAS Of' CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1028 CIVIL ACTION LAW DAVID A. SEIFERT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 13, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Monday, April 14, 2003 , the conciliator, at 9:00 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. f'ailure 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 a1l existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinf;!. f'OR THE COURT. By: Isl Melissa P. Greevy, 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. f'or 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 AFf'ORD ONE, GO TO OR TELEPHONE THE Of'HCE SET f'ORTH BELOW TO HND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170] 3 Telephone (717) 249-3166 ~~p ~. ~w I-rbj #;-;7 ~ ~ ~~ P:rJ ~7 ~ ~rl rlt\ reI. l r I r-.. /\J~\;rr-~' 1 ::,,.-,:,, I~,i:-:\'~}.\/,r":~~~} 9 I :! ' 1 ; , .-..1 ,\b',,. . ~/.Jr;~) '-.-- j ~,! ,~'" - '." I ~.; b,.;J :~.' I ',J ..j (0,1:/[' C{;? C/ F L"OJ.CI.r HAY 07 2003 'P MARIA ANDREA TRAGOULlAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1028 CIVIL TERM v. CIVIL ACTION - LAW DAVID A. SEIFERT, IN CUSTODY Defendant ORDER OF COURT AND NOW, this <(4- day of May, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1 . LeQal Custody. Maria Andrea Tragoulias and David A. Seifert shall have shared legal custody of the minor child Angel Marie Seifert, born December 11, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, n31igious or school records, the residence address of the child and of 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. 2. Physical Custody. The parties will share physical custody of the child on a two week alternating schedule: During week One, Father will have custody from 2:30 p.m. Sunday until 8:30 a.m. Friday and Mother will have custody from 8:30 a.m. Friday until 2:30 p.m. Sunday. During week Two, Father will have custody from 2:30 p.m. Sunday through 8:30 a.m. Thursday and Mother will have custody 8:30 a.m. Thursday until 2:30 p.m. Sunday. This schedule will commence on Friday, May 2, 2003 with Mother receiving custody at 8:30 a.m. for the week One schedule. 3. DruQs and Alcohol. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. NO. 03-1028 CIVIL TERM 4. Transportation. Mother will provide transportation incident to the custodial exchange which occurs on Sunday afternoons. The Thursday and Friday morning custodial exchanges will occur at a meeting point at the Department of Environmental Protection. 5. Holidays. Parties will share time with the child on the holidays as agreed. J. Oist: ~.!JJ.w'K Oils, Esquire, 1017 North Front Street, Harrisburg, PA 17102 > )k5ra F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 Lap.'~~~ 11 R 1<5 05..0<6 -6 ~ );,j .J ;, ~ ..,t" d~ V\N\:ff\VSNN3d I I Nfn'-\ n' t"1'i,r:,;:::;'/,1fV'\ l\J..t \ ",.' . '.~ h \ h..J 9€ : \ ., . I}',: (j ,... i t C'rt t~ - i\ fJ;,,4 u \,.,' ,;i!"'\ .....:,,-J MARIA ANDREA TRAGOULlAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-1028 CIVIL TERM v. CIVIL ACTION - LAW DAVID A. SEIFERT, IN CUSTODY Defendant 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 CURRENTLY IN THE CUSTODY OF Angel Marie Seifert December 11, 2000 Father 2. A Custody Conciliation Conference was held on April 30, 2003 pursuant to Mother's complaint for primary physical custody filed on March 7, 2003. Present for the conference were the Mother, Maria Andrea Tragoulias, and her counsel, Arthur K. Oils, Esquire; the Father, David A. Seifert, and his counsel, Nora F. Blair, Esquire. 3. The parties reached an agreement in t~tf an Order as attached. ~/l/o:'J CAtrt/J1 Gr2-i Date elissa Peel Greevy, Esquire Custody Conciliator :212903 ~\~!\I}S~\~3d ~\ " ~' .....,~.r.\~f"\ iJ.~\O~ ' c. ,",H':\' 't\ \..) ...: ' ,\ ..'. ("1- l.v ~ \ ,,",. <J \ \ tv" ,. ',: .. tyJ'! ~'..)\ ..' .-~'" .~ 'I. j~J\~:\;~"-" \J \\.J, ~(I .....>1-,'" ~o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESTER R. GRIEST, Plaintiff, No.: 03-1175 v. PENNSYLVANIA ST ATE UNIVERSITY, DICKINSON SCHOOL OF LAW, Defendant. WITHDRA W AL OF APPEARANCE Please withdraw my appearance as attorney for The Pennsylvania State University Dickinson School of Law in the above-captioned matter. Respectfully submitted, MCQUAIDE, BLASKO, SCHWARTZ, FLEMING & FAULKNER, INe. BY:/ . (l , ~. e e. Gismondi, Esq ire I.D. No. 31225 811 University Drive State College, PA 16801 (814) 238-4926 , M.- Dated: May 6, 2003 : :ODMA IPCDOCSIDOCSLIB21263189\1 (") ...--._, 0 ,--, c: c...) -n -,. " > -- -0 ;=r-:; ~;~-~ mtl ,,-<,," Z ;' Z uJ .. f:rJ -,," C r::: :s ',. ~f-"l )>e: ::::, Z ~";--,. =<! r;:- 5J en -< BLAKE & GROSS, L.L. C. ATTORNEYS AND COUNSELLORS AT LAw 29 EAST PHILADELPHIA STREET YORK, PA 17401 717848.3078 FAX 7/7.848..2777 www.BLAKEGROSSLllW.COM In the Court of Common Pleas of Cumberland County, Pennsylvania MARIA ANDREA TRAGOULIAS Petitioner No. 03-1028 CIVIL TERM VS. CIVIL ACTION - LAW DAVID A. SEIFERT, Respondent IN CUSTODY Petition Modification of Custody Order AND NOW, on this JS'l+\day of ~, 2005, the Petitioner, Maria Andrea Tragoulias, by and through her attorney, Ronald J. Gross, Esquire of BLAKE & GROSS, LLC, files this Petition for Modification of Custody Order and states the following in support thereof: 1. The Petitioner is Maria Andrea Tragoulias, an adult individual residing at 13 Railroad Drive, Shiremanstown, PA 17011, Cumberland County, Pennsylvania. 2. The Defendant is David A. Seifert, an adult individual with an address of 10 N. Market Street, Apt. A, Mechanicsburg, P A 17055, Cumberland County, Pennsylvania. 3. The parties are the parents of one (1) minor child, Angel Marie Seifert, born December 11, 2000. 4. The parties share Physical and Legal Custody of the child pursuant to an Order of Court signed by the Honorable Edgar B. Bayley on May 8, 2003 and attached hereto as Exhibit" A." 5. The parties share custody on an alternating two (2) week schedule. 6. The Petitioner is seeking modification to grant her Primary Physical Custody and Shared Legal Custody subject to Respondent's rights of Partial Physical Custody. 7. The Respondent is married and married to a minor, age 17, and resides with the subject child as well as their own child, approximately one (1) year of age. 8. In March 2004, the Respondent made false allegations to Cumberland County Children and Youth Services regarding abuse of the child that were then followed up by the Western Shore Regional Police Department. 9. Petitioner spoke to the police regarding disciplining the child with a smack to the head. 10. The Respondent claimed that a number of bruises were on the child. 11. The case proceeded through the criminal justice system in the Cumberland County Courts under case number CR-1882-2004. 12. The case was resolved with a Harassment plea by Petitioner on January 4, 2005. 13. The Petitioner has not been able to see the child since April 2004 when the charges were filed against her. 14. By Order of Court dated September 21, 2004 by President Judge Hoffer, the Petitioner was authorized supervised visitation with the child. A copy of the Order is attached hereto as Exhibit "B." BLAKE <7 GROSS, L.L. C. ATTORNEYS AND COUNSELLORS AT LAw 29 EAST PHILADELPHIA STREET YORK, PA 17401 1118483078 FAX 717.848.2777 www.BUlKEGRGSSf..AW.COM 15. The Respondent failed to abide by said Order in failing to make the child available for any visitation with the Petitioner. 16. The child had also been injured and/or received medical treatment during the above period that Petitioner could not exercise rights without the Respondent notifying Petitioner of the status of the child. 17. Most recently and severely, on January 3, 2005 the child collapsed while in Respondent's care and was rushed to Hershey Medical Center without any notification to the Petitioner. 18. The Petitioner, on January 4, 2005, while in Court learned of the critical condition the child was in from two (2) representatives of Children and Youth Services. 19. The child was bruised on her chin and neck and was placed on a respirator because she suffered what was seemingly a heart attack. 20. The child was transferred to Pittsburgh Children's Hospital on January 17, 2005 and underwent surgery immediately. 21. The child is set to be released the second week of February 2005. 22. Respondent has routinely attempted to remove the child from Petitioner since the inception of the Court Order in Order to avoid paying child support. 23. The child has been returned to Petitioner's care from Respondent on numerous occasions with bruises and complaining of abuse at Respondent's home. 24. The Petitioner had notified Children and Youth Services in the past but to no avail because Respondent denied the charges, 25. The Respondent's minor wife, Cassandra, has been neglectful and abusive towards the child in that she has struck the child in the chest, stomach and legs when the child would misbehave. 26. The child has been seen by friends and family during the period of time that Petitioner was not allowed contact with the child. 27. The above individuals have seen the child cower in fear of Cassandra. BLAKE & GROSS. L.L. C. ATTORNEYS AND COUNSELLORS AT LAw 29 EAST PHILADELPHIA STREET YORK, PA 17401 717,848.3078 FAX 717,8482777 www.BLAKEGROSSLAW.COM 28. Cassandra has also passed herself off as the natural mother of the child and attempts to undermine the Petitioner's role as a parent. 29. Respondent stated to the Petitioner at the Hershey Medical Center on or about BLAKE & GROSS, L.L. C. ATTORNEYS AND COUNSELLORS AT LAw 29 EAST PHILADELPHIA STREHl' YORK, PA 17401 717,848.3078 FAx 717.848.2777 www.BLAKEGROSSLAW.COM January 11, 2005 that he kept the child from Petitioner because he did not want to pay child support. 30. Once the child is released from the Pittsburgh Hospital she will have many appointments per week for therapy and rehabilitation. 31. The Petitioner has a newborn boy and she works part-time thereby being able to provide care and transportation for the child for her appointments. 32. The Petitioner has spent nearly every waking hour with the child since January 4, 2005. 33. Respondent is unable and unwilling to act in the best interests of the child in that he held the child from the Petitioner. 34. Further, the family of Cassandra has established alleged illegal collections for the child around the Enola area in efforts to profit from the grave situation the child is placed in. 35. There needs to be an immediate determination of who the child shall reside with upon release from the hospital in order to ensure a speedy recovery. WHEREFORE, Petitioner respectfully requests This Honorable Court grant her Petition to Modify Custody Order for the reasons stated herein and grant her Primary Physical Custody and Shared Legal Custody of the child as such would ensure the ongoing best interests of the child. RESPECTFULLY SUBMITTED: Rona . ross, Esquire Attorney ill NO. 80594 Attorney for Petitioner BLAKE & GROSS, LLC 29 E. Philadelphia Street York, PA 17401 (717) 848-3078 ,. ,..._:J =..",of ;jJ..... .~ .!L"-I....:J.......... ~--- "Y Ie -,-0 "";, .- 1,_0 - :)- nil 1 U ( LUUJ It! Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1028 CIVIL TERM MARIA ANDREA TRAGOULlAS, v. CIVIL ACTION - LAW DAVID A. SEIFERT, IN CUSTODY Defendant ORDER OF COURT AND NOW, this <6-\-~ day of May, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. Maria Andrea Tragoulias and David A. Seifert shall have shared legal custody of the minor child Angel Marie Seifert, born December 11 ,2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence adcress of the child and of 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. 2. Physical Custody. The parties will share physical custody of the child on a two week alternating schedule: During week One, Father will have custody from 2:30 p.m. Sunday until 8:30 a.m. Friday and Mother will have custody from 8:30 a.m. Friday until 2:30 p.m. Sunday. During week Two, Father will have custody from 2:30 p.m. Sunday through 8:30 a.m. Thursday and Mother will have custody 8:30 a.m. Thursday until 2:30 p.m. Sunday. This schedule will commence on Friday, May 2, 2003 with Mother receiving custody at 8:30 a.m. for the week One schedule. 3. Druqs and Alcohol. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition, ,~/' ~ ND. 03-1028 CIVIL TERM .4. Transportation. Mother will provide transportation incident to the custodial e)>(change which occurs on Sunday afternoons. The Thursday and Friday morning custodial exchanges will occur at a meeting point at the Department of Environmental Protection. 5. Holidavs. Parties will share time with the child on the holidays as agreed. BY THE COURT: IS/fJJrh/:B -&f( Dist: Arthur K. Dils, Esquire, 1017 North Front Street, Harrisburg, PA 17102 Nora F. Blair, Esquire, 5440 Jonestown Road, Harrtsburg, PA 17112 TRUE COpy FROM RECORD In Testimony whereo , I here unto set my hand and eseal of said ourt rlisle, Pa. ......,~...... . COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS CP-21-CR-1882-2004 CHARGES: SIMPLE ASSAULT lMR1A A. T~liJ.,IAS OTN: H705542-5 . AFFIANT: PTL. TIMOTHY HUTCHENSON IN RE: ARRAIGNMENT ORDER OF COURT AND NOW, September 21, 2004, the Defendant having appeared for arraignment and having tendered a plea of not guilty, the plea is recorded and she's next directed to appear for the pretrial conference on the fourth floor of the courthouse on Tuesday, October 19th, 2004 at 8:30 a.m. And after further consideration of the testimony presented on the Defendant's request to modify the current bail condition, we do modify the current bond to remove the restriction that the Defendant have no contact whatsoever with the victim. The Court having heard that the Defendant has had supervised visits in the CCYS building between the victim and the mother on at least two dates after the alleged incident, and the supervisors having indicated no adverse reaction from the child, the Court does allow continued supervised visits between mother and child at the CCYS building under the standard supervision conditions. Mother, during these visits, shall bring no one with her other than her own mother. ~ By the Court, G John C. Dailey, Esquire Assistant District Attorney Ronald Gross, Esquire .'- For the Defendant Probation Sheriff Victim - Witness Court Administrator :mlc BLAKE 6- GROSS, L.L. C. AT70RNEYS AND COUNSELLORS AT LAw 29 EAST PHll.ADELPH1A STREET YORK, PA 17401 717,848.3078 FAX 717.848.2777 www.BLAKEGROSSLAW.COM In the Court of Common Pleas of Cumberland County, Pennsylvania MARIA ANDREA TRAGOULIAS Petitioner No. 03-1028 CIVIL TERM VS. CIVIL ACTION - LAW DA VlD A. SEIFERT, Respondent IN CUSTODY VERIFICATION I, Ronald J. Gross. Esquire, counsel for the Petitioner. Maria Andrea Traeoulias, do hereby state that the averments contained in the herein Petition to Modifv Custody Order, filed with the Court in the above-referenced matter is true and correct to the best of my knowledge, information and belief as per the information provided by my client to me and the records pertaining to the matter as per available to me, subject to penalties under the law, 18 Pa.C.S.A Section 4904. Date: I )Z.SID~ By: ~ Ro d 1. Gross, Esquire Page I of I BLAKE & GROSS, L.L. C AITORNEYS AND COUNSELWRS AT LAw 29 EAST PHILADELPHIA STREET YORK, PA 17401 7U848.3078 FAX 717.848.2777 If'Ww.lJLAKECROSSLAw:.COM . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA MARlA ANDREA TRAGOULIAS NO. 03-1028 CIVIL TERM Petitioner vs. CIVIL ACTION - LAW DAVID A. SEIFERT IN CUSTODY Respondent CERTIFICATE OF SERVICE On this ! r,d day of February, 2005, I, WendiJ. Miler, Legal Assistant to Ronald J. Gross, Esquire, hereby certify that a true and correct copy ofthe foregoing was served upon the following by first class and certified mail and address as follows. David A. Seifert 10 North Market Street, Apt. A. Mechanicsburg, P A 17055 Respondent Respectfully submitted, Blake & Gross, LLC Date: 2.- J, {p .>- , By: ~c;l-./I/ J~ Wendi J. Miller f Legal Assistant to Ronald J Gross, Esq. 29 East Philadelphia Street York, PA 17401 (717) 848-3078 ,! -- 1\ ~ -.:t ~ '\:y 7 ti \)\ \) \J -J ?- E r ---.......c.. r-~' C) ~:0~ "'\l v" ::t -:!i "fil I \:.w I N -2 -r) ,.., {;~} C:) (..,.::> MARIA ANDREA TRAGOULlAS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YL VANIA V. 03-1028 CIVIL ACTION LAW DA VID A. SEIFERT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, February 04, 2005 , upon cons.ideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, P A 17055 on __ Mo_uday, February 28, 2005 , the conciliator, at 10:30 AM .,,~ for a Pre-Hearing Custody Conference. At such confcrence, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to detlne 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 rnay provide grounds for entry of a temporary or permanent order. The court bereby directs the parties to furnish any and all existin~: Protection rrom Abuse orders, Special Relier orders. and Custody orders to tbe conciliator 48 bours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday, Esq. Custody Conciliator ~ The Court of Comrnon 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 rnust 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 HA VE 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) 249-3 166 I.~ jt:v ~ /'#(j""'{ 4v fihe' .,Jp ~ /r ~/?, JIl,;r C" ~ P ~ I'r 4,h;,"'J 5<J t c rC::7 pI ,,_"-'jl"'- "..1 V _-.if _ ;...,M .,n',1 , . .. . .~; .;~ .1''';VV - MARIA ANDREA TRAGOULIAS, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAI\D COUNTY, PENNSYL VANIA vs. No. 03-1028 CIVIL TERM DAVIDA. SEIFERT, Respondent CIVIL ACTION LAW CUSTODY RESPONDENT'S ANSWER TO PETITIONER'S PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this 15th day of February, 2005, comes the Respondent, DAVID A. SEIFERT, by and through his attorneys, the Law Offices ofBATURIN & BATURIN, and respectfully represents the following: 1) Admitted. 2) Denied. It is denied that Defendant resides at 10 N. Market Street, Apt. A, Mechanicsburg, Cumberland County, P A 17055. Since October 2003, the Respondent has lived at 14 S. Market Street, Second Floor, Mechanicsburg, Cumberland County, PA 17055. 3) Admitted. 4) Admitted. 5) Admitted. By way of further answer, Ms. Tragoullias and Mr. Seifert share physical custody of Angel on an alternating two (2) week schedule. Mr. Seifert's blocks of I custody are as follows: For the first week, Mr. Seifert has custody of Angel from Sunday at 2:30 p.m. through Friday at 8:30 a.m. During the second week, he has custody of Angel from Sunday at 2:30 p.m. through Thursday at 8:30 a.m. 6) Neither Admitted, nor Denied. 7) Admitted in part, Denied in part. The Respondent and his wife were married on August 16, 2004, in Cumberland County by District Justice Gale Elders and have a son, Riley, born June 13, 2003. The parents of Respondent's wife, Mr. Ken Showaker and Ms. Barb Shetron, approved of their daughter's marriage to Respondent and signed the necessary paperwork in connection therewith. 8) Denied. It is denied that in March 2004, the Respondent made false allegations to Cumberland County Children and Youth Services regarding abuse of the subject minor child that were then followed up by the West Shore Regional Police Department. However, Respondent was made aware, by written documentation that after an investigation regarding Petitioner was concluded, the allegations were "indicated." 9) Neither Admitted, nor Denied. Strict proof, thereof, is demanded at trial. 10) Admitted. During the Respondent's period of custody he did notice bruises on Angel's face, resembling knuckle marks. 11) Neither Admitted, nor Denied. Strict proof, thereof, is demanded at trial. 12) Admitted. 2 13) Denied. It is denied that the Petitioner has not been able to see the subject minor child since April 2004, when the charges of abuse were filed against her. On the contrary, Petitioner has been able to visit subject minor child in a supervised capacity pursuant to the Court Order. 14) Admitted. 15) Denied. It is denied that the Respondent failed to abide by said Order in failing to make the subject minor child available for any visitation with the Petitioner. Petitioner has been able to visit subject minor child in a supervised capacity pursuant to the Court Order. 16) Admitted. By way of further answer, the subject minor child is an active 4 year old toddler who once in a while has a mishap and can hurt herself. 17) Admitted. Subject minor child does have regular pediatric check-ups. In addition, said minor child did suffer a heart attack, which was a result of a birth defect. Respondent could not reach the Petitioner at the time of the incident. However, Respondent did contact the necessary party at Children and Youth Services to have them try to contact PetitionerfNatural Mother. 18) Neither Admitted, nor Denied. Strict proof, thereof, is demanded at trial. 19) Admitted in part, denied in part. It is admitted only that subject child did suffer a bruise on her chin after collapsing from a heart attack. She did not injure her neck. 3 20) Denied. It is denied that the subject minor child was transferred to Pittsburgh Children's Hospital on January 17, 2005. By way of further answer the subject minor child was transferred to Pittsburgh Children's Hospital on January 19, 2005. 21) Denied. It is denied that the subject child was set to be released the second week of February 2005. 22) Denied. It is denied that the Respondent has routinely attempted to remove the subject minor child from Petitioner since the inception of the Court Order. On the contrary, Respondent has continued to abide by the terms of the current Court Order. 23) Denied. It is denied that the subject minor child has been returned to the Petitioner's care from Respondent on numerous occasions with bruises and complaining of abuse at Respondent's home. On the Contrary, the subject child has complained to Respondent of past abuse at Petitioner's residence which, at least in one instance, w~:re found "Indicated" by Children and Youth Services, 24) It is admitted that Respondent denies any and all (:harges of abuse. In addition, after an investigation, any alleged charges were "Unfounded" by Children and Youth Services. 25) Denied. It is denied that the Respondent's wife, Cassandra, has been neglectful and abusive towards Angel. On the contrary, Respondent's wife, Cassandra, loves and cares for Angel deeply. 26) Admitted. 4 27) Denied. It is denied that the said individuals have seen the subject minor child cower in fear of Cassandra. On the contrary, Angel is very loving towards Cassandra and constantly hugs and kisses her at home and in public. 28) Denied. It is denied that Cassandra has passed herself off as the natural mother of the subject minor child and attempts to undermine the Petitioner's role as a parent. By way of further answer, even though Cassandra and Angel have a loving relationship, Angel still refers to Cassandra as "Cassie." 29) Denied, It is denied that Respondent stated to the Petitioner at the Hershey Medical Center on or about January 11, 2005, that he kept the subject minor child from Petitioner because did not want to pay child support. By way of further answer, there is no current Order of child support against either party on the record and neither party has requested same. 30) Admitted. 31) Neither Admitted, nor Denied. Strict proof, thereof, is demanded at trial. By way of further answer, Mr. And Mrs. David and Cassie Seifert both work full time, each having different shifts, so one of them is at home at all times. 32) Neither Admitted, nor Denied. Strict proof, thereof, is demanded at trial. 33) Denied. It is denied that Respondent is unable and unwilling to act in the best interests of the subject minor child in that he held the subject minor child from Petitioner. On the contrary, Petitioner has always been able to see her subject minor child pursuant to the Court 5 Order. 34) Denied. It is denied that the family of Cassandra has established alleged illegal collections for the subject minor child around the Enola area. 35) Admitted. WHEREFORE, Respondent respectfully requests this Honorable Court Deny the Petitioner's Petition to Modify Custody Order for the reasons stated herein and Grant an Order that RespondentfNatural Father maintain Primary Physical Custody and Shared Legal Custody of the subject minor child as such would ensure the ongoing best interests of the subject minor child. Respectfully submitted, Date: February 15, 2005 BATURIN &BATURIN BY:'-1)~ I Q.o-.. fc~"-..., .' onica E. Baturin Attorney 1.D. No. 73356 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney for Defendant 6 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE RESPONDENT'S ANSWER TO PETITIONER'S PETITION FOR MODIFICATION OF CUSTODY ORDER 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 ACS g4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. Dated: 1.. / 15/05 , J3-.-e-- Lr:l ~. (SEAL) DAVID A. SEIFERT MARIA ANDREA TRAGOULIAS, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-1028 CrVIL TERM DAVID A. SEIFERT, Respondent CIVIL ACTION LAW CUSTODY CERTIFICATE OF SERVICE~ I, Monica E. Baturin, Esquire, of the Law Firm ofBaturin & Baturin, hereby certify that I served a true and correct copy of the Respondent's Answer to Petitioner's Petition Modification of Custody Order by depositing same in the United States Mail, Harrisburg, Pennsylvania, by regular first class mail, postage prepaid, addressed as follows: Ronald J. Gross, Esquire BLAKE & GROSS, LLC 29 E. Philadelphia Street York, PA 17401 Attorney for Petitioner Respectfully submitted, Date: February IS, 2005 BATURIN &BATURIN By: -1'j:;/ CO-.. f c:~ onica E. Eiaturin Attorney J.D. No. 73356 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney for Respondent f9' ~ ;\ a , - '"'('J -I ~ ~ t';'? f"'-' 0:> d- MAR 0 4 2005~ MARIA ANDREA TRAGOULIAS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-1028 CNIL ACTION LAW DAVID A. SEIFERT Defendant IN CUSTODY ORDER OF COURT AND NOW, this C'j-l1c day of '11 consideration of the attached Custody Conciliation Repo , 2005, upon , it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. ~ of the Cumberland County Courthouse on the --.J(.,-()I. day of "-11iu.AJ' ~ ,2005 at 0..0() o'clock..1....m. at which time testimony will be taken. For purposes of the hearing, the Mother, Maria Tragoulias, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties 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 ofthe anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. 2. The parties shall share having legal custody of Angel Marie Seifert, born December 11, 2000 and shall consult with each other concerning all major medical, religious or educational decisions affecting the Child. In the event of a disagreement between the parties concerning an issue involving the Child's medical care, the Father shall be entitled to make the final determination after consultation with the Mother. 3. Pending the hearing and further Order of Court or agreement of the parties, the Father shall have primary physical custody of the Child and shall have the authority to obtain custody of the Child from the hospital upon the Child's discharge. 4. The Mother shall have daily periods of visitation with the Child at the Father's residence with the specific times to be arranged by agreement between the parties. The parties shall cooperate in setting aside their differences to create a civil and conflict free atmosphere for the Child's benefit during periods of visitation. ~ //'" / / / Edgar B. Bayley J. cc: ~ald J. Gross, Esquire - Counsel for Mother __ . ~ Monica Baturin, Esquire - Counsel for Father ~ O~ ~~5 ~ ,q'O ( 6~ '- >. c;: ~ c fi?~ '.i.. ~l,_ CJ~'::;~ CSi~ ::i 0_ u:h~~ F: u.. o co N (h .:1': a... ro I 0:: "'" %: ,n g:.-3 <.... MARIA ANDREA TRAGOULIAS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-1028 CIVIL ACTION LAW DAVIDA. SEIFERT Defendant IN CUSTODY Prior Judge: Edgar B. Bayley 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 CURRENTLY IN CUSTODY OF Angel Marie Seifert December 11, 2000 Mother/Father 2. A conciliation conference was held on February 28, 2005, with the following individuals in attendance: The Mother, Maria Andrea Tragoulias, with her counsel, Ronald J. Gross, Esquire, and the Father, David A. Seifert, with his counsel, Monica Baturin, Esquire. 3. This Court previously entered an Order on May 8, 2003 under which the parties had shared physical custody on an alternating biweekly basis. From April 2004 through early January 2005, the Child resided primarily with the Father as a result of a pending investigation of abuse by Children and Youth Services which resulted in a finding that abuse was indicated. Although a condition of the Mother's bail was a prohibition against contact with the Child, supervised visitation was permitted by Court Order dated September 21, 2004 (Judge Hoffer). The criminal proceedings were resolved by a harassment plea by the Mother in early January 2005 and as a result the bail condition expired leaving in place the shared physical custody Order dated May 8,2003. 4. The Child collapsed as a result of a heart problem on January 3, 2005 and has been hospitalized since that time and is currently hospitalized at Pittsburgh Children's Hospital. The Mother has been staying at the Ronald McDonald house near the hospital since early January and the Father has been commuting back and forth to Pittsburgh as well. Due to the serious nature of the Child's medical condition including a potential heart transplant, hospital officials have requested that the Child be placed in the primary care of one of the parents and that the issue be resolved prior to the Child's discharge from the hospital. It has not been determined when the Child will be released. 5. The Mother filed a Petition to Modify the May 8, 2003 Order providing for shared physical custody and now seeks primary physical custody of the Child. The Father also has filed for primary custody. 6. Despite the seriousness of the Child's medical condition and the obvious need for the parties' cooperation as parents to promote the Child's recuperation and best interest, the parties were unable to reach an agreement at the conference as to even a temporary primary custodial situation for medical purposes. 7. After consultation with the Court and in accordance with the Court's direction, the conciliator submits an Order in the form as attached providing for temporary custody arrangements pending the scheduling of a hearing in this matter. It is requested that the hearing be expedited so that the custody issues can be addressed as soon as possible in light of the Child's medical condition. 8. The Mother's position on custody is as follows: The Mother believes it would be in the Child's best interest to reside primarily with her as the Mother is working part time and is available to take the Child to medical appointments. The Mother alleged that the Father filed false allegations with Children and Youth which resulted in the disruption of the shared custody schedule initially. According to the Mother, the Child has complained of abuse at the Father's home by the Father's wife, who is a minor. The Mother stated that the Father failed to make the Child available under Judge Hoffer's Order for supervised visitation and has kept the Child from her to avoid payment of child support. The Mother indicated that she has been very involved with the Child's doctors and has maintained ongoing contact with the Child during her hospitalization in Pittsburgh. 9. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to reside primarily in his care following release from the hospital. The Father contradicted the Mother's claim that she has been involved with the Child's medical care and expressed concern about the Mother's ability to follow-up with all of the medications and other treatments that the Child is going to require. The Father stated that he has the more stable living situation and would be more responsible to provide for the Child's needs. The Father believes that the Mother has forfeited her right to shared custody of the Child by her actions in striking the Child resulting in the Children and Youth investigation rather than as a result of any interference by the Father. The Father indicated that the Mother was not present to consult with the physicians when a meeting was held to evaluate the possibility of a heart transplant. 10. The conciliator submits an Order in the form as attached providing for temporary custody arrangements as directed by the Court and scheduling a hearing in this matter. ~ ;l, ;).005 Date M~ ," -4-d~ Dawn S. Sunday, Esquire Custody Conciliator MARIA ANDREA TRAGOULlAS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID A. SEIFERT, DEFENDANT 03-1028 CIVIL TERM AND NOW, this INTERIM ORDER OF COURT Z- \.s~ day of March, 2005, following a hearing, IT IS ORDERED: (1) When it has been medically determined that Angel Marie Seifert can be released from inpatient care, additional testimony shall be taken before she is released, (which testimony can be taken via telephone), as to what type of homecare will be required for what period of time, what type of activity will Angel Marie initially will be able to do, and her prognosis. (2) When a prospective date of release of Angel Marie from inpatient care has been determined, counsel shall coordinate a date and time with this judge for the taking of said testimony. vR~mald J. Gross, Esquire For Plaintiff ~~ica E. Baturin, Esquire For Defendant :sal >~ ~ 03 - :l.1-05 \ F11;::(:{ /n fh-MMJo') :3 o?; (jI j(/h H MARIA ANDREA TRAGOULlAS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID A. SEIFERT, DEFENDANT 03-1028 CIVIL TERM ORDER OF COURT AND NOW, this t2- day of July, 2005, upon relation from the medical provider for Angel Marie Seifert that she is going to be transferred to an inpatient feeding program, IT IS ORDERED that the fatlher, David A. Seifert, is designated as the point parent with whom the feeding facility can coordinate all treatment, and who may, as allowed, stay with the child. / / By th,C'ourt, / /~ /' ~ Ronald J. Gross, Esquire For Plaintiff M . E B . E . ~ ~1";"/./'I.ol onlca . atunn, sqUIre - ,- For Defendant / Dr. Susan Miller -J~ 1.,~'~ :sal . vrro I \J. f ';;UV . flU ~~- r JIJ p/ ~ V y t1 I ~j ~ ~ ~. g 7't:) ", Cd t, ~ A' ~ 1:> ~ f "2"r - .,. . .' MARIA ANDREA TRAGOULlAS, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID A. SEIFERT, DEFENDANT : 03-1028 CIVil TERM AMENDED ORDER OF COURT AND NOW, this \1 day of July, 2005, this court's order of July 12, 2005, is amended as follows: "IT IS ORDERED that the father, David A. Seifert, is designated as the point parent with whom the feeding facility can coordinate all treatment, and who may, as allowed, be the only parent who can stay with the child overnight." /.....- ,/ By~~ourt, / / ~ Ronald J. Gross, Esquire For Plaintiff Monica E. Baturin, Esquire For Defendant ~ ~ ']./'1-0)" \ Dr. Susan Miller- ~ ~ - 1, g.. 0. :sal TRUE COPY FROM RECORlJ In Tilt Whereof. I here unto set my ha"" iilnd the- "" Th'" I .3 at Cirlisle. Pa. M.. . .:J""~ .. - l'rDlhon rv ..., Rvu JIu ~ ~ U/CUJ ~ I)-<< fat- \~ ~ ( I ~ \;<~\t'J' .. ,,~rVn!-'/:'/!I7.{0'\I~' II,!, : ,">, ,~;/...'ll/.~7c/ 8lJ :.f' '. .. "'r},wi."> '. l..id V ':.- ^f ,. . "" , '-' ~')f' 1\0'/' C' ' " !JODi I..!. ~D::)":';..l(j,\ ,; _ -'o,,;'.'.h "/0 C:;'_II '"'v'Q1fj"" .;;/0 MARIA ANDREA TRAGOULlAS, PLAINTIFF V. DAVID A. SEIFERT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1028 CIVIL TERM ORDER OF COURT AND NOW, this Q '\-~ day of August, 2005, upon relation by counsel for David A. Seifert, that the parties have agreed, that when Angel Marie Seibert, born December 11, 2000, is released from her hospitalization, which is anticipated on August 29, 2005, that the father shall have physical custody, IT IS ORDERED: (1) The father, David A. Seifert, shall have physical custody of Angel. (2) This court will set a further hearing date upon the request of the mother to set periods for her temporary physical custody if the parents are unable to reach an agreement. / ~nald J. Gross, Esquire For Plaintiff :sal , ~onica E. Baturin, Esquire For Defendant >. 0:; "'- \--- n u.J ~?' (,.) (~.~ \.J:: ;;: ~p "1Ci- '2l.1J u...:r: I- U- o ("") .. - .~ n: -", 0-1 c!> -;:::J ;..,: .r.> = = C-.l E; "5< <~;,~ .~ <:;: :':e (-~ ~ ;,.U ~~:\ l,,- "'i ()