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HomeMy WebLinkAbout08-1742 Tracie Tomlin, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Timothy Tomlin, No.O$ CIVIL Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Tracie Tomlin, residing at 6893 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 2. The defendant is Timothy Tomlin, residing at 8853 Penn Street, Glouster Ohio, 45732. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Connor Elliott Tomlin 6893 Wertzville Road 8/06/05 2 years Enola, Pa The child was born out of wedlock The child is presently in the custody of Tracie Tomlin, residing at 6893 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Tracie & Timothy Tomlin 1 Glouster Glen Road Apt. 3, Glouster, OH Tracie & Timothy Tomlin Tracie & Timothy Tomlin 590 B Poplar Street Nelsonville, OH 8841 Penn Street Glouster, OH Dates Sept. 1, 2004 to Oct. 1, 2005 Oct. 1, 2005 to July 1, 2006 July 1, 2006 to March 23, 2007 4 5. Tracie Tomlin Susanne & Dennis Herr 6893 Wertzville Road March 23, 2007 to Present Enola, Pa The mother of the child is Tracie Tomlin, residing at 6893 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. She is married. The father of the child is Timothy Tomlin, residing at 8853 Penn Street, Glouster Ohio, 45732. He is married. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Relationship Susanne & Dennis Herr Parents Conner E. Tomlin Son 6 The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name Relationship Juanita & Bob Tomlin Parents Amber & Mary Tomlin Sisters 7. 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. Plaintiff has no information of a custody proceeding concerning the child 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 child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: n Plaintiff has undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. A court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant primary physical custody to Plaintiff. Respectfully submitted, Rominger & Associates Date: March 18, 2008 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. #81924 Attorney for Plaintiff w Tracie Tomlin, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Timothy Tomlin, No. CIVIL Defendant IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Tracie Tomlin, Plaintiff Tracie Tomlin, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Timothy Tomlin, : No. CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Complaint for Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Timothy Tomlin 8853 Penn Street Glouster, OH 45732 Date: March 18, 2008 Respectfully submitted, Rominger & Associates 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. #81924 Attorney for Plaintiff it w ? v l a 0 ? i -- 4 N C:71) s7 co ?J 1+L7 n i] f 1-? ,nm -70 ;.ra TRACIE TOMLIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY TOMLIN DF,FF,NDANT 2008-1742 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 25, 2008 , 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 Thursday, April 17, 2008 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. 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 . Man-an, r. Es q. It vtJ 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 Ly "4.I Fri ?.t 9z xtNi .+1 nt la APR 1 9 2008 Pi TRACIE TOMLIN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY TOMLIN : No. 08-1742 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this ;U? day of April 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the /a-t day of 2008 at 11'30 art/pm in Courtroom number I/ in the Cum erland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, 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 will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. Legal Custody: The Father, Timothy Tomlin, and the Mother, Tracie Tomlin, shall have shared legal custody of Connor E. Tomlin, born 8/6/05. The parties shall have an equal right 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 23 Pa.C.S. §5309, 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regards to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports, given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: i'li,, ;- T HIE 4: ARC' 2008 APPN 21 A I 'I 11: 18 a. Commencing April 17, 2008, Father shall have partial custody/visitation from 1:00 pm until 7:00 pm. Mother shall be physically present for this visit. Mother shall transport the Child and pick him up from a mutually agreed upon location. b. On April 18, 2008, Father shall have physical custody of the Child from 9:00 am until 6:00 pm. Mother is entitled to be present during Father's custodial time for one half-hour for lunch in order to make sure that the visit is going well. Father shall provide the transportation for this period with the pick up and drop off location at Mother's residence. C. On April 19, 2008 and possibly on April 20, 2008 if Father is able to, Father shall have physical custody of the Child from 9:00 am until 6:00 pm each day. Father shall provide the transportation for these periods with the pick up and drop off location at Mother's residence. d. Commencing May 3, 2008, Father shall have physical custody of the Child every other weekend from 9:00 am until 6:00 pm on Saturday and Sunday. It is further directed that Father's custodial periods shall occur in this jurisdiction until further Order of Court or by mutual agreement for some other arrangement. e. Upon mutual agreement and with adequate notice, Mother may bring the Child to Ohio for a visit with her being present for Father's physical custodial periods or not being present for Father's physical custodial periods by mutual agreement. f. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. It is specifically directed that neither party will allow marijuana to be smoked/ingested in the presence of the Child and that no party or third person be allowed to transport the subject Child while under the influence of marijuana, whether prescribed or not, any other controlled substance or alcohol. 5. The transporting party shall ensure that appropriate child restraints are used while transporting the Child. 6. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the Child and shall further take any necessary steps to ensure that the health and well-being of the Child is protected. During such illness or medical emergency, both parties shall have the right to visit the Child as often as he or she desires consistent with the proper medical care of the Child. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement, the non-custodial parent shall have telephone contact with the Child on Monday, Wednesday and Saturday before 6:00 pm. 9. Neither parent shall do anything which may estrange the Child from the other parry, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other parry. 10. This Order is entered pursuant to a conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Counsel for the parties are directed to contact the assigned conciliator prior to the scheduled court date for an updated conciliation conference should it be deemed necessary or proper. Cc: ?arl Rominger, Esq. Susan Pickford, Esq. Sohn J. Mangan, Esq. t.l?p ks •nw LL I TRACIE TOMLIN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY TOMLIN : No. 08-1742 Civil Term Defendant : ACTION IN 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: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Connor Elliot Tomlin 08/06/2005 Mother 2. A Conciliation Conference was held on April 17, 2008 with the following individuals in attendance: The Father, Timothy Tomlin, with his counsel, Susan Pickford, Esquire The Mother, Tracie Tomlin, with her counsel, Karl Rominger, Esquire 3. Father's position on physical custody is as follows: Father is currently unemployed and resides in Ohio with his paramour and paternal grandparents of the Child are living close by. The Child had lived in Ohio until March of 2007. Father has had limited contact with the Child since Mother moved to this jurisdiction and last had physical contact with the Child in December of 2007. Father would like to commence physical custody/visitation with the Child in Ohio. Father acknowledges that Mother takes very good care of the Child. Father denies any substance abuse problems. Father does acknowledge that paternal grandparents do smoke marijuana for medicinal purposes. Father agreed to take a drug test confirming his non-usage of drugs. Father requests access to the Child's medical care providers to gather information about the Child's current conditions. Father would like to begin contact with the Child immediately. Father agreed to attempt to learn sign language to better communicate with his Child. Father agreed to at least begin his visits here in Pennsylvania with the expectation that physical custody would begin in Ohio as soon as possible. 4. Mother's position is as follows: Mother has reservations about the Child going to Ohio for any extended periods of time at this point. Mother has concerns with paternal grandparents and the alleged marijuana usage. Mother also agreed to undergo a drug test. Mother asserts that the Child has significant medical/speech/learning disabilities. Mother asserts that the Child has a history of seizures, has had tubes put in his ears, has a significant learning disability and has had surgeries to improve his communication skills. The Child has been scheduled for a major surgery in August or September 2008. The Child is not currently on medications. Mother requests that at this point, it is in the Child's best interest to remain in Pennsylvania with Father coming here to visit the Child. Mother indicated that as soon as there is a comfort level that the Child would be appropriately taken care of, she would entertain possible starting visits in Ohio. Furthermore, Mother left open the possibility that on one of the weekends Father is supposed to come to Pennsylvania for a visit, she may opt to go to Ohio so that she may physically see Father's residence and introduce herself to Father's paramour. 5. The Conciliator recommends an Order in the form as attached. It is the Conciliator's belief that this would be in the Child's best interest. Date: 41 /g Jo angan, Es re C to y Concilia r f ft, Tracie Tomlin, Plaintiff V. Timothy Tomlin, Defendant ORDER AND NOW, this /Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 08-1742 CIVIL IN CUSTODY day of a.-ef 1..w, .20% in consideration of Custody and Visitation, it is hereby ordered that: (1) Shared legal custody of the Child, Conner Elliott Tomlin, born August 6, 2005, is awarded to Mother and Father jointly. (2) Primary physical custody of the Child, Conner Elliott Tomlin is awarded to Mother subject to partial periods of custody by Father which he is directed to exercise as follows: (a) Father shall have custody of the child every other weekend for beginning the weekend after the date of this order as follows; 1. For the first 4 weekend visits from Saturday at 10 AM until Sunday at 6 PM. Said visitation to occur in Cumberland County Pennsylvania to allow the child time to become re-acquainted with father. 2. For the next 4 weekend visits from Friday at 6:00 PM until Sunday at 6:00 PM. Said visitation to occur in Cumberland County Pennsylvania to allow the child time to become re-acquainted with father. 3. For the next 2 weekend visits from Friday at 6:00 PM until Sunday at 1:00 PM to occur at father's home in Ohio. Mother shall be allowed to travel with the child on these visits, and be given reasonable access to insure the r ._-.d adequacy of father's living arrangements, but the child shall stay with father. 4. Thereafter from Friday at 6:00 PM until Sunday at 6:00 PM. Said visitation to occur at Father's home in Ohio. 5. At such other times as agreed to by the parties. 3. Transportation shall be split during those occasions when the child is to stay in Ohio without Mother present. 4. The parties are directed to attempt to define a Holiday schedule, and should either party desire a more formal Holiday structure, or other extended visits, once the contemplated reintroduction to father as phased in above is completed, they are authorized to seek an additional conciliation without further Order of Court. BY THE COURT: J Distribution: J. .A rl E. Rominger, Esquire ,, san Pickford, Esquire L,kyhn Mangan, Conciliator J t7 _ CC c i ill LtJ =*> -cc j tJ i Ll- N 7. 2'J' Q8 1I:17AM Sc aringi Searingi c ' No. 23') C P. 2 TRACIE TOMLIN, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2008-1742 CIVIL ACTION -LAW TIMOTHY TOMLIN : IN CUSTODY Defendant PR TO WITBpgAW APPS TO THE PROTHONOTARY: Please withdraw my appearance as attorney in the above-captioned action for the Defendant, Timothy Tomlin, per her request. Date: 7 6r , 2008 Respec ly submitted, Susan K. Pickford / G/ Scaringi & Scaringi, P.C. Attorney ID 443093 2000 Linglestown Road, Ste 106 Harrisburg, PA 17011 PRAEC E TO ENTER APPiCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Defendant, ra#e DDate:_?? / t , 2008 s ' & Sca?ringi, P.C. Timothy Tomlin, per his request. F . Slums mey ID #43829 2000 Linglestown Road, Ste 106 Harrisburg, PA 17011 CERTIFICATE OF SERVICE I, Mary L. Snyder, law clerk for Scaringi & Scaringi, P.C., do hereby certify that the Praecipe to Withdraw/Praecipe to Enter Appearance in the above-captioned action has been duly served upon Plaintiff's Attorney, Karl Rominger, Esq. by United States First Class Mail, addressed as follows: Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Date: August 12, 2008 Mary L. S r r.a -i n +C? V ? ` -_ a 3 C-> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACIE TOMLIN Civil Action- Law Plaintiff, Case No. 2008-1742 -vs- TIMOTHY TOMLIN Defendant. MOTION TO TRANSFER CASE TO ATHENS COUNTY, OHIO The defendant, Timothy Tomlin, motions this court to transfer this case from the Pennsylvania Common Pleas Court to the Athens County Domestic Relations Court for reasons more fully explained in the accompanying memorandum. Z.4-.41-41 TIMOTHYMLIN Defendant 35 Barber Street Glouster, Ohio 45732 MEMORANDUM IN SUPPORT At the time the Pennsylvania Court issued their judgment entry with regards to Custody, both the mother, Tracie Dixon and the child, Connor Tomlin resided in Cumberland County, Pennsylvania. In February 2011 the mother, Tracie Dixon and Connor moved back to Athens County, Ohio, where they currently reside. Currently, all of the parties and the minor child live in Athens County, Ohio. The Pennsylvania Courts lack personal jurisdiction at this point in time. The defendant, Timothy Tomlin has filed a Motion for Custody in the Athens County Court due to Athens County being Conner Tomlin's Home State. Therefore, the defendant, Timothy Tomlin, respectfully requests that the Pennsylvania Common Pleas Court of Cumberland County grant the defendant's Motion to Transfer Jurisdiction to Athens County Domestic Relations Court in Athens County, Ohio. Respectfully submitted, TIMOTHY TS LIN Defendant 35 Barber Street Glouster, Ohio 45732 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served upon the L. Jackson Henniger, attorney for Tracie Dixon, by way of Regular U.S. mail postage prepaid, and the Athens County Domestic Relations Court, 1 South Court Street, 4111 Floor, Athens, Ohio 45761 on this 10th day of November, 2014. ov24—Cvl MLIN TRACIE TOMLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 08-1742 CIVIL TIMOTHY TOMLIN, Defendant IN RE: MOTION TO TRANSFER CASE TO ATHENS COUNTY, OHIO ORDER AND NOW, this 3 / ° day of December, 2014, a rule is issued on the plaintiff to show cause why the relief requested in the within Motion to Transfer Case to Athens County, Ohio, ought not to be granted. This rule returnable thirty (30) days after service. BY THE COURT, rncm. CO? t.e S J t' & . •i ck )t,c) i 9S2.— Ift//'