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HomeMy WebLinkAbout07-3998 KATRINA LYNN SIMISNEAN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07 THOMAS JAMES LIOTT, JR., Defendant CIVIL ACTION CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Katrina Lynn Simisnean who is currently residing at 510 Berkshire Lane, Mechanicsburg, PA 17050 and has been since April 2005. 2. The Defendant is Thomas James Liott, Jr. who is currently residing at 221 Market Street, New Cumberland, PA 17070 and has been since March 2007. 3. Plaintiff seeks primary physical custody of Grayce Ann Liott who was born on June 10, 2000 and who currently resides at 510 Berkshire Lane, Mechanicsburg, PA 17050. 4. The child was not born out of wedlock. 5. The child is presently in the custody of Plaintiff. 6. From October 2006 to the present, the minor child has lived at 510 Berkshire Lane, Mechanicsburg, PA 17050 with Plaintiff and her current husband, Vasile Gherasim Simisnean. From April 2005 to October 2006, the minor child lived at 510 Berkshire Lane, Mechanicsburg, PA 17050 with Plaintiff. From April 2004 to April 2005, the minor child lived with Plaintiff and Defendant at 3929 Lincoln Street, Scotland, PA 17254. From April 2003 to April 2004, the minor child lived at 1196 Miramar Drive, Chambersburg, PA 17201 with Plaintiff and Defendant. From April 2002 to April 2003, the minor child lived with both parents at 340 Bracken Drive, Lancaster, PA 17601. 7. The mother of the child is Katrina Lynn Simisnean. She is married. 8. The father of the child is Thomas James Liott, Jr. He is not married. R ? 9. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with her husband and the minor child. 10. The relationship of Defendant to the child is that of father. The Defendant currently resides alone. 11. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 13. 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. 14. Plaintiff desires to move to the State of Georgia with her husband and to continue to be the primary physical custodian of Grace after the move. 15. The best interest and permanent welfare of Grace will be served by granting Katrina Lynn Simisnean primary physical custody of Grace and directing that Grace go to school in the same school district in which Katrina Lynn Simisnean is living. 16. The best interest and permanent welfare of Grace will be served by allowing Katrina Lynn Simisnean to remain the primary physical custodian of Grace even after she were to move to the State of Georgia. 17. 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. WHEREFORE, Katrina Lynn Simisnean requests the Court: 1. Grant her primary physical and shared legal custody of Grace Ann Liott; 2. Direct that Grace Ann Liott can go to school in the same school district in which Katrina Lynn Simisnean is living; and 3. Allow Katrina Lynn Simisnean to remain the primary physical custodian of Grace Ann Lion even after she were to move to the State of Georgia. YOFFE & YOFFE, P.C. By JEFFREY N. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net KATRINA LYNN SIMISNEAN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. THOMAS JAMES LIOTT, JR., : Defendant CIVIL ACTION CUSTODY VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: ?1-2,?Ilw7 KATRINA L YX& SIMISNEAN v Y C W C Y? t r± , p ?.r N r.? C= i V W ?J cri Q 1rr - TI fTI -cub 10 KATRINA LYNN SIMISNEAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3998 CIVIL ACTION LAW THOMAS JAMES LIOTT, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, July 09, 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 pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv 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 (?rYvN "?'d T ?i ??('fQZ gp0VIA THOMAS J. LIOTT, JR., Plaintiff V. KATRINA L. SIMISNEAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV N : NO. 2007-3896 CIVIL ACTION - LAW : IN CUSTODY KATRINA LYNN SIMISNEAN, : IN THE COURT OF COMMON PLEAS F Plaintiff : CUMBERLAND COUNTY, PENNSYLV N V. : NO. 2007-3998 CIVIL ACTION - LAW THOMAS JAMES LIOTT, JR, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this l !'' day of TO I ?, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directe as follows: 1. These cases are hereby consolidated.z + KJa 260 7 -39 74 ? v!L f 6ZI-41 2. A Hearing is scheduled in Court Room No. , of the Cumberl nd County Court House, on the &A day of , 2007, at : 3 v o'clock, ?M., at which time testimony will be taken. For purposes of this Hear ng, 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 wh will be expected to testify at the Hearing and a summary of the anticipated testimony o each witness. These Memoranda shall be filed at least ten days prior to the Hearing dat . 3. Pending further Order of Court or agreement of the parties, the foll wing shall remain in full force and effect. 4. The Father, Thomas J. Liott, Jr. and the Mother, Katrina L. Simisrn shall have shared legal custody of Grayce Ann Liott, born June 10, 2000. Each p, shall have an equal right, to be exercised jointly with the other parent, to make all non-emergency decisions affecting the Child's general well-being including, but Y limited to, all decisions regarding her health, education and religion. Pursuant to terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and informa pertaining to the child including, but not limited to medical, dental, religious or sc CD -?LI: - r , © { 1 CV records, the residence address of the child and the other parent. To the extent one has possession of any such records or information, that parent shall be required to the same, or copies thereof, with the other parent within such reasonable time as t, the records and information of reasonable use to the other parent. Both parents sr entitled to full participation in all educational and medical/treatment planning m6 and evaluations with regard to the minor child. Each parent shall be entitled to fu complete information from any physician, dentist, teacher or authority and copies reports given to them as parents including, but not limited to: medical records, bit certificates, school or educational attendance records or report cards. Additionall parent shall be entitled to receive copies of any notices which come from school 1 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 5. Mother shall have primary physical custody of the child. 6. Father shall have the following periods of partial physical custody: A. Every weekend from Saturday at 12:00 noon to Monday morn except the following weekends: July 28, August 11, Septembe October 20, 2007. Mother shall transport the child to Father fc periods of partial physical custody. Father will be responsible dropping off the child at day camp or school on Monday morn B. Every Tuesday from after school or day camp to 7:30 p.m. Fa shall pick up the child from school or day camp and Mother sl 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. BY THE COURT, J. make 11 be and Fany each 21 and these pick cc: James A. Miller, Esquire, counsel for Father J rey N. Yoffe, Esquire, counsel for Mother J E THOMAS J. LIOTT, JR., Plaintiff V. KATRINA L. SIMISNEAN, Defendant : IN THE COURT OF COMMON PLEAS : 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 OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3998 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the fol report: 1. The pertinent information concerning the Child who is the subject o this litigation is as follows: NAME Grayce Ann Liott DATE OF BIRTH June 10, 2000 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held July 16, 2007 with the followir individuals in attendance: The Father, Thomas J. Liott, Jr., with his counsel, James 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 leg 1 and primary physical custody. Mother wishes to relocate outside of Atlanta, Georgia. he 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 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 t provide the same schedule to Mother is she relocates to Georgia. Father asserts tha the child's friends, family and medical professionals (the child is diagnosed with epilepsy) 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 arrangement 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 custody, with father having every weekend per month except one and every Tuesday evening. It is expected that the Hearing will require one day. 2-0 0 ? Date V k v cqIuMne M. Verney, Esquire Custody Conciliator THOMAS J. LIOTT, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW KATRINA L. SIMISNEAN, : Defendant NO. 07-3896 CIVIL TERM 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 19'h 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 21" 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 J; `Wesley Ole Jr., J. P t.S oln ?q lCC(,, i61"/o7 IC'9 J go .£ Wd ZZ 130 LOOZ 3HI JO THOMAS J. LIOTT, JR., IN THE COURT OF COMMON PLEAS OF. Plaintiff_ CUMBERLAND COUNTY, PENNSYLVANIA v. KATRINA L. SIMISNEAN, Defendant *********************** KATRINA LYNN SIMISNEAN, Plaintiff CIVIL ACTION - LAW 2007-3896 CIVIL TERM IN CUSTODY ********************** IN THE COURT OF COMMON PLEAS OF 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. 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 COP 1 Es Mal ?Ecc /410 8 pcb By the Court, AL 0 0 :6 V 6- f 8006 MVlt ,' ' w 3E- i ? 0 i: i: "1 iTIH 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 : IN THE COURT OF COMMON PLEAS OF SIMISNEAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION-LAW THOMAS JAMES LIOTT, JR., Defendant : No. 2007-3998 CIVIL TERM ORDER OF COURT AND NOW, this 6c" day of February, 2008, upon consideration of the complaints for custody filed by the parties with respect to their child, Grayce Ann Lion (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: 1 ti 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. BY THE COURT, esley Ol Jr., J. ames A. Miller, Esq. 356 North 21" Street Camp Hill, PA 17011 Attorney for the Father effrey N. Yoffee, Esq. 214 Senate Avenue Suite 404 Camp Hill, PA 17011 Attorney for the Mother