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HomeMy WebLinkAbout03-1076HAVEN FISH, Plaintiff VS. MARK SEMANSKY, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : '$°. 03~/o7(o .. : CIVIL ACTION - AT LAW : CUSTODY CCIMPI,AINvr IN CllgTO1}Y AND NOW, the Plaintiff, Haven Fish, by and through her attomey, Jearm6 B. Costopoulos, Esquire, makes the following Complaint in Custody: The Plaintiff, Haven Fish, is an adult individual who curremly resides at 324 W. South Street, Carlisle, Cumberland County, Pennsylvania 17013. The Defendant, Mark Semansky, is an adult individual who currently resides at 26 McBride Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. The Plaintiff seeks primary custody of the following child: A~e Pre.qent Re.qidence Dianna Fish 324 W. South Street 9½ yrs Carlisle, PA 17013 DOB 7/1/93 The child is presently in the custody of her mother, Plaintiff; who resides at 324 W. South Street, Carlisle, Cumberland County, Pennsylvania 17013. For the past five (5) years, the child has resided with the following persons and at the following addresses: Plaintiff Patrick Andrews (PlaimiW s fianc6) Dorothy Andrews (Patrick's mother) Plaintiff Heather Jones (PlaintiWs roommate) David Clapp (Heather's fianc6) Plaintiff Plaintiff William LaCour (PlainfiWs boyfriend) 324 W. South Street Carlisle, PA 17013 Dales 2/1/03 to presem 114 W. Springville 6/01 to 1/03 Boiling Springs, PA 17007 106 E. Springville Boiling Springs, PA 17007 304 Ross Avenue New Cumberland, PA 17070 5/99to 6/01 5/98 to 5/99 The natural mother of the child is Plaintiff, Haven Fish, currently residing at 324 W. South Street, Carlisle, Cumberland County, Pennsylvania 17013. The natural father of the child is Mark Semansky, Defendant, currently residing at 26 McBride Avenue, Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff and Defendant have never been married to each other and the child was bom out of wedlock. 5. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: the subject child, her fianc6 - Patrick Andrews, and his mother - Dorothy Andrews. The relationship of Defendant to the child is that of natural father. Father currently resides with the following persons: Eric Hamilton - roommate. 6. Plaintiff 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. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 8. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the child. (b) Plaintiff has been the primary caretaker of the child since birth (c) Plaintiff has plans to move to Seattle, Washington in June of 2003 and is seeking permission to take the child with her. (d) Plaintiff's mother also is planning a move to Seattle and Plaintiff's sister already resides there. (e) Plaintiff's fianc6 attended college in Seattle and both Plaintiff and her soon- to-be husband have job opportunities awaiting them in Olympia, Washington, which in Plaintiff's case also includes housing. (f) Plaintiff is willing to negotiate a reasonable schedule which provides Defendant and his parents with liberal partial custody rights both in Seattle and over specified periods of time in Pennsylvania. 9. 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. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaimiff respectfully requests this Honorable Court to enter an order granting her primary physical custody of her daughter and specifically permitting her to relocate with the child to the state of Washington, subject to periods of partial custody with Defendant. Dated: Respectfully submitted, Jeann6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 HAVEN HSH, Phintiff VS. MARK SEMANSKY, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - AT LAW : CUSTODY VI?.RII~I(?. ATION I, Haven Fish, hereby verify that the statemems made in the foregoing Complaint in Custody 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 unswom falsification to authorities. Have/n l~ish w HAVEN FISH PLAINTIFF MARK SEMANSKY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1076 CIVIL ACTION LAW 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 Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 10, 2003 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: /s/ Dawn S. Sunday, 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 befbre 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 ~- £1. z~ HAVEN FISH, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 03-1076 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY MARK SEMANSKY, Defendant PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Mark Semanksy, in the above- captioned matter. By: "Sandra L. Meilton %/ Tucker Arensberg & Swartz 111 North Front Street Harrisburg, PA 17101 57894.1 HAVEN FISH, Plaintiff VSo MARK SEMANSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1076 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~1~ 4 day of R]~~~, '' 2003, upon consideration of thc attached Custody Conciliation cport, it is ordered and directed as follows: 1. In the event the parties are not able to reach an agreement as to ongoing custody arrangements fol~ the Child, a Hearing is scheduled for the ~ I~" day of July, 2003 at ~': ~ O o'clock, ~ .m in Court Room No. ~ , of the Cumberland Court House. The Hearing date will be reserved until July 1, 2003 by which date Counsel for the parties shall contact the Court to either cancel or confirm the Hearing date. If the hearing date is not confirmed by the parties or counsel on or before July 1, 2003 the hearing will automatically be canceled. In the event a Hearing is necessary, the Mother 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 and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior of the hearing date. 2. The Mother, Haven Fish and the Father, Mark Semansky shall have shared legal custody of Dianna Fish, born July 1, 1993. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. Pending further Order of Court or agreement of the parties, the parties shall share having physical custody of the Child in accordance with the following schedule: A. Until such time as the Mother takes the Child to Seattle, Washington under the subparagraph B, the Father shall have custody of the Child every week from Friday after school (or earlier if there is no school) through Sunday morning and the Mother shall have custody from Sunday morning through Friday after school. B. The Mother shall be entitled to take the Child to Seattle, Washington after the end of the school year for three weeks upon providing the Father with 30 days advance notice of the departure date. This period of custody is conditioned upon the Mother's provision of confirmation to the Father that the Mother has purchased a return ticket to Pennsylvania for the Child and an escorting adult at the end of the three week period. C. The Father shall have primary physical custody of the Child upon the Child's return from Seattle until such time as a custody Order is entered resolving the relocation issue either by agreement of the parties or by the Court. The Mother shall have reasonable periods of partial custody with the Child during this time period if she is in Pennsylvania, with the specific times to be arranged by agreement of the parties. 4. Counsel for either party may contact the conciliator to schedule an additional custody conciliation conference in the event both counsel believe that a conference would be useful in resolving the relocation issue without the need for the hearing. CC: Jeanne B. Costopoulos, Esquire - Counsel for Mother Sandra Meilton, Esquire - Counsel for Father HAVEN FISH, Plaintiff VS. MARK SEMANSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1076 CWIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Dianna Fish DATE OF BIRTH CURRENTLY IN CUSTODY OF July 1, 1993 Mother 2. A Conciliation Conference was held on April 10, 2003, with the following individuals in attendance: The Mother, Haven Fish, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Mark Semansky, with his counsel, Sandra L. Meilton, Esquire. 3. The Mother filed this petition seeking primary physical custody of the Child and permission to relocate with the Child to Seattle, Washington. There have been no prior custody Orders issued with regard to the Child. At the time of the conference many of the details of the Mother's proposed relocation were not finalized, such as confirmation of the Mother's employment and housing arrangements. Therefore, the parties agreed to temporary arrangements pending the Mother's planned trip to Seattle to complete the interview process. The parties also agreed to reserve a hearing date to ensure resolution of the relocation issue before the beginning of the 2003 - 2004 school year in the event the parties are not able to reach an agreement. 4. The Mother's position on custody is as follows: The Mother believes it would be in the Child's best interest to relocate with the Mother to Seattle as the Mother has been the primary caretaker of the Child and there is a close mother-daughter bond. The Mother stated that she will be getting married two days after the conference to her fianc6, who went to school in the Seattle area. In addition, the Mother stated that her sister currently lives in Seattle and her Mother plans to move to Seattle in the spring of 2004. The Mother indicated that she has a job opportunity involving apartment management in Seattle which would provide housing and room for advancement. The Mother believes that she will be offered this position after going through the formality of interviewing, drug testing and background investigation. The Mother indicated that she would not hesitate to bring the Child back to Pennsylvania if the relocation did not prove to be beneficial for the Child. 5. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to remain in Pennsylvania. The Father indicated that he has a close relationship with the Child and does not want to become a long distance parent. According to the Father, the Child has also spent substantial time and has developed a close bond with her paternal Grandparents, who live in the local area. The Father works 4 nights per week but indicated that he would move back to his parents' residence to ensure continuous care for the Child. The Father proposed that the Child remain with him while the Mother goes to Seattle and finalizes her employment and housing arrangements. 6. The parties agreed to entry of an Order in the form as attached providing for temporary custody arrangements pending resolution of the relocation issue. The parties request that a hearing date be reserved for mid-July 2003 to ensure that the relocation issue is resolved prior to the beginning of the next school year. The parties are hopeful that they will be able to agree on a custody arrangement which best serves the needs of the Child, without need for the hearing, after obtaining additional information. Date Daw Custody Conciliator HAVEN ANDREWS (formerly FISH), Plaintiff VS. MARK SEMANSKY, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1076 CIVIL CIVIL ACTION - LAW IN CUSTODY TO THE HON. EDWARD E. GUIDO, JUDGE OF SAID COURT: PETITION TO ENTER STIPULATION AS AN ORDER OF COURT AND NOW, come the parties, Haven Andrews and Mark Semansky, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, Haven Andrews (the Mother hereinafter) and Mark Semanksy (the Father hereinafter), have bom to them one child, namely Dianna Fish, bom July 1, 1993 (the Child hereinafter); and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Legal Custody The parties shall share legal custody of the child jointly. They shall consult with each other relative to all important decisions concerning the child, including such matters as health, education, and religion. Therefore, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, selection of schools, and selection of daycare provider) with a view to having a harmonious policy calculated to promote the best interest of the child. Each of the parties shall have access to all the child's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the child's health and education progress. Each of the parties shall be provided with schedules of school events and athletic events when available, or in the alternative, provide two weeks notice to the other party that such an event is upcoming. In addition, both parents are entitled to portrait and class school pictures. Physical Custody The Mother shall have primary physical custody of the child. The Father shall have partial custody of the child as follows: a. For the months of January, March, May, July, September, and November Father shall have the child the every 1st, 3rd, and 4th weekend from Friday at 4:00 p.m. until Sunday at 11:00 a.m. and the 2nd and 4th Wednesday from 4:00 p.m. until 8:00 p.m. b. For the months of February, April, June, August, October, and December Father shall have the child every 2nd and 4th weekend from Friday at 4:00 p.m. until Sunday at 11:00 a.m. and every 3rd weekend from Friday at 4:00 p.m. until 11:00 a.m. Saturday. c. The Father may exercise additional periods of visitation with the child at such other times as the parties may mutually agree. Summer Vacation In addition to the child's annual Stone Harbor trip with her paternal grandparents in August of each year, both Father and Mother shall each be guaranteed two separate one week periods of exclusive custody of the child during each summer, for a total of two weeks each. The parties shall notify each other of the dates intended to exercise these vacation periods by June 1st of each year. Additional periods of partial custody during the summer may be exercised upon agreement of the parties. Maior Holidays The parties shall alternate the following holidays: Labor Day weekend (from Friday at 4:00 p.m. until Monday at 8:00 p.m.), Thanksgiving Day (from 9:00 a.m. until 8:00 p.m.), Christmas Eve (from December 24th at 12:00 p.m. through Christmas Day at 12:00 p.m.), Christmas Day (from December 25th at 12:00 p.m. until December 26th at 12:00 p.m.), New Year's Eve (from 5:00 p.m. December 31st through 12:00 p.m. January lst), New Year's Day (from 12:00 p.m. until 8:00 p.m.), Easter weekend (from Good Friday at 4:00 p.m. through Easter Sunday at 8:00 p.m.), Memorial Day weekend (from Friday at 4:00 p.m. until Monday at 8:00 p.m.), Independence Day (from 9:00 a.m. until 10:00 p.m.); whereby Father shall have the first holiday following the signing of this agreement, and alternating holidays accordingly thereafter. This section shall supersede any other section contained in this agreement. This section may be changed or modified upon agreement by both parties. Father's Day/Mother's Day Father's Day shall be with Father, Mother's Day shall be with Mother. This visitation shall be from 9:00 a.m. mltil 8:00 p.m. o o 10. Child's Birthday The parties shall share the child's birthday in as equal a manner as possible. If the parties cannot agree, Mother shall have the child on the child's birthday from 4:00 p.m. to 6:00 p.m. even years and from 6:00 p.m. to 8:00 p.m. odd years and Father shall have the child on the child's birthday from 4:00 p.m. to 6:00 p.m. odd years and from 6:00 p.m. to 8:00 p.m. even years. Transportation The parties agree that transportation to and from their residences shall be shared, the details of which can be agreed upon by the parties. If the parties cannot agree, Father shall pick up the child at Mother's residence at the beginning of his custodial periods, and Mother shall pick up the child at Father's residence at the end of Father's custodial periods. Alcohol and Drugs During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. Address and Phone Numbers of Parties Both Father and Mother must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be immediately forwarded to the other party. Notice of Whereabouts/Illness Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notify the other party of said cimumstances. 11. Telephone Contact with Child Both Parties shall have the right to reasonable telephone contact with the child during the other party's period of custody. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 12. Communication Between Parents The parties shall not communicate through the child and shall not permit the child while in his or her custody to contact the other party regarding suggested changes in the custodial schedule. [fa change is requested, the party seeking the change shall directly contact the other party to discuss the matter without involving the child. 13. ~Remarks Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. 14. Relocation Neither party shall change his or residence to another jurisdiction without providing a minimum of ninety (90) days written notice to the other party. 15. Snpersedeas of Prior Court Orders This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. WHEREFORE, the parties, intending to be legally bound, and with the understanding that this Agreement may be entered as an order of court, hereby set their hands and seals and the date of ./~Air acknowledgment. Haven Andrews Date Mark Semanksy / 'JUL 1 2003 HAVEN ANDREWS (formerly FISH), Plaimiff VS. MARK SEMANSKY, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1076 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this _~)I1~ day of ~ ,2003, upon consideration of the within Petition to Enter Stipulation as an Order of Court, the Petition is hereby granted. The Hon. Edward E. Guido, J.