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HomeMy WebLinkAbout07-2766ALi,AZZAR J. CATO, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. CIVIL TERM JEAN MARIE CATO, Defendant IN CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN THE TWENTY (20} DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION g2 SOUTH BEDFORD STREET CARLISLE, PA i~oig 1-800-990-9108 717-249-3166 ORIGINAL ALLAZZAR J. CATO, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07 - o2'j(,IP CIVIL TERM JEAN MARIE CATO, . Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff - Allazzar J. Cato, by and through his attorney, Jeffrey Philip Paul, Esq., files a Complaint for Custody against Defendant -Jean Marie Cato, and in support thereof avers the following: i. Plaintiff is Allazzar J. Cato, an adult individual, who currently resides at io6 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055• 2. Defendant is Jean Marie Cato, an adult individual, who currently resides at 2127 West Market Street, Pottsville, Schuylkill County, Pennsylvania i79oi. 3. Plaintiff seeks custody of the following children: Name Present Residence Paris Laverne Cato 106 Lancaster Blvd 3 yrs One Month Mechanicsburg, PA 17055 Aalyah Justice Cato 106 Lancaster Blvd 4 yrs Seven Months Mechanicsburg, PA 17055 4. The children were not born out of wedlock. 5. The children are presently in the custody of Allazzar J. Cato, who currently resides at 106 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. During the past five (5) years the children have resided with the following persons and at the following addresses: Persons Address Dates Jean Marie Cato, Allazzar J. Cato, Diane Luikan, Timothy Luikan, Stephen Luikan, Eric Luikan Allazzar J. Cato, Jean Marie Cato Unknown Persons -children were in foster care Allazzar J. Cato and Faith Rowel Allazzar J. Cato 241o West Norwegian St. Pottsville, Schuylkill County, Pennsylvania 17901 210o W. Norwegian St. Pottsville, PA 17901 Unknown 2100 West Norwegian St. Pottsville, Schuylkill County, Pennsylvania 17901 10865 Bluffside Drive Studio City, California September 19, 2002 t0 in or about October2002 From in or about October 2002 thru in or about November 2002 From in or about November, 2002 thru in or about December 2002 From in or about December, 2002 Thru on about March 2003 From on or about March 1, 2003 thru in or about August 2003 Allazzar J. Cato and Jean Marie Cato 2127 West Market St. Pottsville, Schuylkill County, Pennsylvania 17901 Allazzar J. Cato and Laverne Cato Allazzar J. Cato, Robin Liggan, Ariela Contreras, Xiomara Contreras Robin Liggan, Ariela Contreras, Xiomara Contreras From in or about August 2003 Thru on or about March 10, 2004 21 Dominique Court From on or about Burlington, New Jersey March 10, 2004 thru in or about August 2004 48 Harvest Road From in or about Lancaster, PA August 2004 thru in or about July 2005 48 Harvest Road From in or about Lancaster, PA July 2005 thru in or about July 2006 Allazzar J. Cato, Robin Liggan, Ariela Contreras, Xiomara Contreras Allazzar J. Cato Allazzar J. Cato 48 Harvest Road From in or about Lancaster, Pennsylvania July 2006 thru in Or about August 2006 48 Harvest Road From in or about Lancaster, Pennsylvania August 2006 thru In or about September 2006 751 Keller Drive From in or about Lititz, Pennsylvania 17543 September 2006 Thru in or about October 2006 Allazzar J. Cato and l06 Lancaster Blvd. From in or about Kenneth E. Brown Mechanicsburg, October, 2006 to Cumberland County, PA the present. ~. -The mother of the children is Jean Marie Cato, who currently resides at 2127 West Market Street, Pottsville, Schuylkill County, PA i79oi. She is single. 8. The father of the children is Allazzar J. Cato, who currently resides at l06 Lancaster Boulevard, Mechanicsburg, Cumberland County, PA 17055• He is single. 9. The relationship of Plaintiff to the children is that of father. Plaintiff currently resides with the following persons: Person Relationship Kenneth E. Brown Friend lo. The relationship of Defendant to the children is that of mother. Defendant currently resides with the following persons: Person Diane Luiken Relationshiu Mother Timothy Luiken Brother Stephen Luiken Brother Eric Luiken Brother Diana Luiken Eric Luiken's wife ii. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has had custody of the children for most of their lives, and it is he who has been tending to their needs and raising them; b. Defendant has a mental disability, since she is bipolar, and she is not able to deal with the children or to tend to their needs; c. Plaintiff has always done everything for the children, and he cooks for the children, bathes the children, plays with them and participates in all of their activities; d. The children wish to remain with the Plaintiff, and they do not wish to reside with the Defendant; e. Plaintiff lives in a spacious, beautiful home, where the children have their own room and beds; f. Plaintiffs situation is stable, and it would be in the best interests of the children to remain with the Plaintiff; g. Plaintiff is available to be with the children, given his work schedule, although his mother also assists him in caring for the children; and, h. Defendant has not lived with the children since March io, 2004 and they have been in the sole custody of the Plaintiff since that time. i4. 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. WHEREFORE, Plaintiff-Allazzar J. Cato respectfully requests that this Honorable Court enter an Order granting him custody of the children. Attorney fo " Plai '~f-Allazzar J. Cato i24 East Chestnut Street Lancaster, PA i~6o2 X717)735-7545 Attorney I.D. No. 10182 VERIFICATION I, Allazzar J. Cato, hereby certify that the statements made in the foregoing Complaint, which are within my personal knowledge are true and correct and those which are based on information I have received from others I believe to be true and correct. I understand that if I make any false statements in the foregoing Complaint I am subject to the penalties relating to unsworn falsification to the authorities as set forth in the Crimes Code, i8 Pa.C.S. Section 4904• ~ ~ U~ ated a,e _ l~ ~~" ~ ~( O ~~ ~ 1~. ~/ ~~ T C_: ~ .~ ~ ' ~ ~ '_ ~` ~ TI ~ -r; -?JT ~ ~} -'`7 t ~ 3 . Tl a L.,J '~ ?~ .',M ~ ALLAZZAR 1. CATO IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JEAN MARIE CATO DF.FF.NDANT 07-2766 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 10, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 15, 2007 at 1:00 PM for aPre-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/ john j. Mangan, r., Esg___~/r+(`__ 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 infornlation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .,~- p7~ ~ CO-0~'S' v~~rou~ ~' ,,~,at~ ~o - of ~ ~ ,~ ~ ~ ~ ~O.O/ -S ~~ -.~~~~ ~.,~; ~ ~. ~~ ocr o r Zoo~,,~~ v ALLAZZAR J. CATO IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. JEAN MARIE CATO No. 07-2766 Civil Term Defendant :ACTION IN CUSTODY COURT ORDER AND NOW, this day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Father, Allazzar J. Cato, and the Mother, Jean Marie Cato, shall enjoy shared legal custody of the minor children, Paris and Aalyah Cato. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and 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 Father shall have primary physical custody of Paris and Aalyah Cato subject to Mother's rights of supervised partial physical custody which shall be arranged as the parties may mutually agree. 3. Mother's supervised physical custody with the Children shall be at Father's residence or some other mutually agreeable location. Father is responsible for transporting Children to the agreed upon location and Mother is responsible for her own transportation if the supervised visits occur at Father's residence. The Parents shall mutually agree upon the supervisor of the visits between Mother and Children. Mother is directed that she shall not transport Children away from the designated supervised custody location. 4. Mother and Father are directed to not be under the influence of alcohol or illegal substances while the Children are in their custody. 5. Telephonic and written communication: The non-custodial parent shall have a right to have liberal written and telephone contact with the Children. Telephone contact between Mother and the Children shall be before 9:00 pm. 6. Holidays and birthdays shall be mutually agreed upon. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other parry, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 8. This Order is entered pursuant to 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. B J. Cc ~ffrey Paul, Esquire ~an Marie Cato, 2127 West Market Street, Pottsville, PA 17901 ~bhn J. Mangan, Es .~ { I,f- C a:~~;"1 _~ •. ~;' i t ~ n~ J~ ALLAZZAR J. CATO Plaintiff v. JEAN MARIE CATO Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-2766 Civil Term ACTION TN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. 'The pertinent information pertaining to the children who are the subject of this litigation is as follows: Paris L. Cato, born 3/10/04 and Aalyah J. Cato, born 9/19/02, currently in the primary physical custody of the Father. 2. A Conciliation Conference was held on June 15, 2007 with the following individuals in attendance: The Father, Allazzar J. Cato, with his counsel, Jeffrey P. Paul, Esquire The Mother, Jean Marie Cato, did not appear. 3. The parties agreed to the entry of an Order in the form as attached. Date: - ~~~~~ Jo J. angan, Esq ' -~ Custody Conciliator