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HomeMy WebLinkAbout07-3896Thomas J Liott Jr, Plaintiffs V. Katrina L Simisnean, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff Thomas J Liott Jr residing at 221 Market Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant is Katrina L Simisnean residing at 510 Berkshire Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following children: children Grayce Ann Liott The child was not born out of wedlock. The child has been in the primary custody of Defendant. During the past five years, the child has resided with the following persons and at IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - ? tr to ??? l CIVIL ACTION - LAW IN CUSTODY Date of Birth June 10 2000 the following addresses: NAME RESIDENCE DATES Katrina L Simisnean Husband - commencing September 2006 Plaintiff & Defendant Plaintiff & Defendant Plaintiff & Defendant 510 Berkshire Lane, Mech PA 3929 Lincoln St, Scotland PA May 2005 to present August 2004 to May 2005 1196 Miramar Dr, Chambersburg PA May 2004 to August 2004 340 Bracken Dr, Lancaster PA 2003 to May 2004 The mother of the child is Defendant, Katrina L Simisnean, and she is married to Vassy Simisnean. 4. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides alone. 5. The relationship of Defendant to the child is that of mother currently residing with her husband. 6. 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. 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. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because: a. Defendant has indicated that she intends to relocate from the Commonwealth of Pennsylvania to the state of Georgia; b. All of the minor child's family is less than one (1) hour away from Cumberland County, PA C. The minor child has acclimated well to her educational environment which includes occupational therapists and instructional aides (remedial teachers). d. The minor child has had four (4) years of ongoing treatment by a local neurologist, Vivian Faircloth; e. The minor child is engaged in therapy with a psychiatrist, Dr White, at Holy Spirit Hospital to address her ADHD; and, f. Defendant's own family agrees that the minor child should remain locally. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, 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 the court to grant the relief herein requested. Respectfully submitted, iller, Esquire JamYsA, reet 356 1St St Carr Hill, PA 17011 (711) 737-6400 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand tthe penalties of 18 Pa.C.S. Section that false statements herein are made subject 4904 relating to unsworn falsification to authorities. -7 DATE: Thomas &r, Plai i n } •v a rri M r) ?•, 5-11 rv `7pj (OZ THOMAS J. LIOTT, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3896 CIVIL ACTION LAW KATRINA L. SIMISNEAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, July 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 16, 2007 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/ ac ueline M. Verne Es . 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 P-x / W -1(ev - 0 C-C 7;? -,O'? ' '9 <O C' 1 C :I Wd E- 'Inr IQOZ 31? Jo JV 4 JUL 17 207 nl THOMAS J. LIOTT, JR., : IN THE COURT OF COMMON PLEAS F Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3896 CIVIL ACTION - LAW KATRINA L. SIMISNEAN, Defendant : IN CUSTODY I KATRINA LYNN SIMISNEAN, Plaintiff V. THOMAS JAMES LIOTT, JR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV N : NO. 2007-3998 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this l tea day of , 2007, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed follows: These cases are hereby consolidated. aT wo. Zoo r7 -3 b I C as VIL Vie 01 2. A Hearing is scheduled in Court Room No. /, of the Cumberland County Court House, on the /?? day of _4" , A,&2 , 2007, at .' 36) o'clock, A. M., at which time testimony will be taken. For purposes of this Hearin, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who ill be expected to testify at the Hearing and a summary of the anticipated testimony of ch witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 3. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 4. The Father, Thomas J. Liott, Jr. and the Mother, Katrina L. Simisne , shall have shared legal custody of Grayce Ann Liott, born June 10, 2000. Each pare t shall have an equal right, to be exercised jointly with the other parent, to make all m 'or 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and informatio pertaining to the child including, but not limited to medical, dental, religious or scho 1 C ALN., L C:D L.Y.. LIJ ms `s [ l! records, the residence address of the child and the other parent. To the extent one p' has possession of any such records or information, that parent shall be required to s the same, or copies thereof, with the other parent within such reasonable time as to the records and information of reasonable use to the other parent. Both parents shal entitled to full participation in all educational and medical/treatment planning meeti and evaluations with regard to the minor child. Each parent shall be entitled to full complete information from any physician, dentist, teacher or authority and copies o reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, E parent shall be entitled to receive copies of any notices which come from school wit. regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Pending the hearing, the child shall attend Sporting Hill elementary school. 5. Mother shall have primary physical custody of the child. 6. Father shall have the following periods of partial physical custody: be any A. Every weekend from Saturday at 12:00 noon to Monday morning except the following weekends: July 28, August 11, September 2 and October 20, 2007. Mother shall transport the child to Father for t ese periods of partial physical custody. Father will be responsible for dropping off the child at day camp or school on Monday morning . B. Every Tuesday from after school or day camp to 7:30 p.m. Fathe shall pick up the child from school or day camp and Mother shall ick up the child at 7:30 p.m. from Father. 7. The parties may modify this Order by mutual agreement. In the of mutual consent, the terms of this Order shall control. cc: A. Miller, Esquire, counsel for Father J ey N. Yoffe, Esquire, counsel for Mother BY THE COURT, Y THOMAS J. LIOTT, JR., Plaintiff V. KATRINA L. SIMISNEAN, Defendant : IN THE COURT OF COMMON PLEAS i : CUMBERLAND COUNTY, PENNSYLV, : NO. 2007-3896 CIVIL ACTION - LAW : IN CUSTODY KATRINA LYNN SIMISNEAN, Plaintiff V. THOMAS JAMES LIOTT, JR, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV : NO. 2007-3998 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVI PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the followin 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 OGrayce Ann Liott June 10, 2000 Mother 2. A Conciliation Conference was held July 16, 2007 with the following individuals in attendance: The Father, Thomas J. Liott, Jr., with his counsel, James A Miller, Esquire, and the Mother, Katrina L. Simisnean, with her counsel, Jeffrey N. Yoffe, Esquire. 3. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. Mother wishes to relocate outside of Atlanta, Georgia. Sh is willing to maximize Father's custodial time by providing him with most of the summer, one weekend per month and Christmas and Easter/Spring Break custodial time. She .? e offered to be responsible for the cost of transportation. Mother has recently remarri and her husband has purchased a home in Georgia to be closer to his work. Mother begun to search for jobs in Georgia. Mother has some family approximately one he away if she moved to Georgia, otherwise most of her family is in Pennsylvania. Th child will be in second grade in Cumberland Valley schools, if she remains here. 4. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody. He objects to the relocation. He is willing it provide the same schedule to Mother is she relocates to Georgia. Father asserts that the child's friends, family and medical professionals (the child is diagnosed with epilep y) are in this area. Father has enrolled the child in private school in New Cumberland. Prior to Mother's relocation plans, Father had a liberal physical custody arrangeme consisting of almost every weekend, time during the week and weeks at a time if m the was out of town on business. 5. The Conciliator recommends an Order in the form as attached sched ling a Hearing and granting shared legal custody, mother having primary physical custo , with father having every weekend per month except one and every Tuesday evening It is expected that the Hearing will require one day. I _ I ? -G7 Date k vt,-L?/ ac ine M. Verney, Esquire Custody Conciliator i THOMAS J. LIOTT, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KARTINA L. SIMISNEAN, 2007-3896 CIVIL TERM Defendant IN CUSTODY KARTINA LYNN SIMISNEAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THOMAS JAMES LIOTT, JR.,: 2007-3998 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 15th day of October, 2007, upon consideration of the issue of custody with respect to the parties' child and following an initial period of hearing which has not yet been completed, the record shall remain open and counsel are requested to contact the Court's secretary for purposes of scheduling an additional day of hearing in this matter. It is noted that at the time of adjournment on today's date the father had testified and father's counsel was cross-examining mother. It is further noted that at the time of adjournment Mother's Exhibits 1 and 4 had been introduced and admitted and no other exhibits had been introduced or admitted. It is noted that counsel for the father has requested that a copy of the transcript of today's proceeding be provided to him and that the notes of testimony be transcribed and filed. The Court will enter a temporary order based upon the testimony received in the near future and pending further order of Court. Pending entry of the temporary order, the existing order of Court shall remain in full force and effect. 9 C -I I 61 150 LODZ I,'tv1C?i =j = ? ? -JHI to 4 Ames A. Miller, Esquire 356 North 21st Street Ciam Hill PA 17011 For the Father /effrey N. Yoffe, Esquire ?214 Senate Avenue, Ste 404 Camp Hill, PA 17011 For the Mother r pcb By the Court, J. Wesley 01 r, Jr., J THOMAS J. LIOTT, JR., Plaintiff V. KATRINA L. SIMISNEAN, : Defendant KATRINA LYNN IN THE COURT OF COMMON PLEAS OF SIMISNEAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW THOMAS JAMES LIOTT, JR., Defendant NO. 07-3998 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of October, 2007, a further period of hearing in the above custody matter is scheduled for Wednesday, January 2, 2008, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, "James A. Miller Esq. 356 North 21St Street Camp Hill, PA 17011 Attorney for the Father (/ Jeffrey N. Yoffee, Esq. 214 Senate Avenue Suite 404 Camp Hill, PA 17011 Attorney for the Mother IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3896 CIVIL TERM ?1 7 J Wesley Ole iv, Jr., J. (26 I /Yi;a tLC4 P J Milli 1i- (I 80 .8 Wd ZZ 130 LOOZ I'd 3HI JO THOMAS J. LIOTT, JR., IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KATRINA L. SIMISNEAN, 2007-3896 CIVIL TERM ? Defendant IN CUSTODY ********************************************* KATRINA LYNN SIMISNEAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THOMAS JAMES LIOTT, JR.,: 2007-3998 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2008, upon consideration of the issue of custody with respect to the parties' child and following a second and final period of hearing, the record is declared closed and the matter is taken under advisement. It is noted that counsel for the father has requested a copy of the notes of testimony be filed from today's proceeding. By the Court, James A. Miller, Esquire 765 Poplar Church Road Camp Hill, PA 17011 For the Father Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Ste 404 Camp Hill, PA 17011 For the Mother pcb Lesley Ol loo Q t E S m? c L£?-. 1 4 34 I THOMAS J. LIOTT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW / KATRINA L. SIMISNEAN, Defendant : No. 2007-3896 CIVIL TERM KATRINA LYNN SIMISNEAN, Plaintiff V. THOMAS JAMES LIOTT, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 2007-3998 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of February, 2008, upon consideration of the complaints for custody filed by the parties with respect to their child, Grayce Ann Liott (d.o.b. June 10, 2000), and following a hearing held on October 15, 2007, and January 2, 2008, and the court finding that the mother's proposed relocation to the Atlanta, Georgia, vicinity is (a) likely to significantly improve the quality of life for her and the child, (b) not motivated simply by a desire to frustrate the visitation rights of the father or to impede the development of a healthy relationship between him and the child, and (c) can accommodate a continuing, meaningful relationship between the child and the father, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties; 2. Primary physical custody of the child shall be in the mother; 3. Temporary or partial physical custody of the child shall be in the father at the following times: a??r;f rff1 ? I -Z W8 L- 833 BOQZ L,ri F,L$-CI-31 H i a. During the school year, (1) For the Thanksgiving vacation, from Wednesday after school until the following Sunday evening; (2) For the Christmas vacation, from the second full day of the vacation until the next to last full day of the vacation; (3) For the spring vacation from the first full day of the vacation until the last day of the vacation; and (4) At such times as the father chooses to be with the child in the county of her primary residence; b. During the summer, for alternating two-week periods. 4. Responsibility, financial and otherwise, for transportation of the child during the school year to and from the father's residence shall be the responsibility of the mother; during the summer, such responsibility shall be shared equally by the parties. 5. Each party shall permit reasonable telephone contact between the non-custodial parent and the child. 6. The mother's relocation to her husband's home in Georgia with the child is approved, effective at the end of the present school year. Prior to the mother's relocation, the father's periods of temporary or partial physical custody shall be on alternating weekends from Friday at 7:00 p.m. until Sunday at 7:00 p.m. 7. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. 8. The above-captioned cases are consolidated, and all future filings shall be at No. 2007-3986. • s Ames A. Miller, Esq. 3 56 North 21 s` Street Camp Hill, PA 17011 Attorney for the Father ffrey N. Yoffee, Esq. 214 Senate Avenue Suite 404 Camp Hill, PA 17011 Attorney for the Mother BY THE COURT,