Loading...
HomeMy WebLinkAbout08-2784OM & li uLAKIs Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JODI D. LOMISON, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 6 ?. d?pY' C SPENCER T. LOMISON, Defendant CIVIL ACTION - LAW IN CUSTODY 1. The Plaintiff is Jodi D. Lomison, who currently resides at 105 Doubling Gap Road, Newville, Cumberland County, Pennsylvania. 2. The Defendant is Spencer T. Lomison, who currently resides at 119 B Street, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Zoey Marissa Lomison Date of Birth: February 2, 1999 Address: 105 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241 4. The child was born during wedlock. 5. The child is presently in the custody of Jodi D. Lomison, who resides at 105 Doubling Gap Road, Newville, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Spencer T. Lomison and Jodi D. Lomison Spencer T. Lomison and Jodi D. Lomison Jodi D. Lomison Jodi D. Lomison Spencer T. Lomison and Jodi D. Lomison Spencer T. Lomison and Jodi D. Lomison Spencer T. Lomison and Jodi D. Lomison Jodi D. Lomison Address 112 '/2 Valley Street S. Williamsport, PA 17702 57 Winchester Gardens Carlisle, PA 17013 437 Horningford Road McVeytown, PA 17051 512 Cherry Court Carlisle, PA 17013 176 Virginia Avenue Carlisle, PA 17013 826 Park Place Williamsport, PA 17701 105 Doubling Gap Road Newville, PA 17241 105 Doubling Gap Road Newville, PA 17241 Date 2/1999 to 7/1999 7/1999 to 12/2000 12/2000 to 3/2001 3/2001 to 3/2003 3/2003 to 2/2005 2/2005 to 10/2005 10/2005 to 8/2006 8/2006 to present 7. The mother of the child is Jodi D. Lomison, who resides at 105 Doubling Gap Road, Newville, Cumberland County, Pennsylvania. 8. Mother of the child, Plaintiff, is not married. 9. The father of the child is Spencer T. Lomison, who currently resides at, 119 B Street, Carlisle, Cumberland County, Pennsylvania. 10. Father of the child, Spencer T. Lomison, is married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff currently resides with the following persons: a. Daughter, Zoey Marissa Lomison, age 9; and b. Daughter, Allison Helena Stull, age 5. 14. The Defendant currently resides with the following persons: a. Wife, Jamie Lomison; b. Son, Andrew J. Bamba, age 2; and c. Son, Malachi Lomison, age 5 months. 15. The 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 any other court. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or 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. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following. a. The Plaintiff has been the primary caregiver of the minor child since her birth. Plaintiff has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Plaintiff. C. Plaintiff is able to provide a stable environment for the child. d. The child has primarily resided with the Plaintiff since 2006 and Mother would like to continue give Father partial visitation. i. Mother would recommend that Father see the child every other weekend from Friday to Sunday and one night per week, principally Wednesday evening. ii. This schedule would only be one less evening per week since Father currently sees the child every other weekend from Friday to Sunday and two nights per week on Tuesday and Thursday evenings. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant shared legal custody to both the Plaintiff and Defendant and primary physical custody of the child to the Plaintiff with periods of partial custody to the Defendant. DAB 4(9q I O8 Respectfully submitted, ABOM & KUTULAKIS, L.L.P. &.,a, ?k- LA wD- Michelle L. Somme , squire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff I, JODI D. LOMISON, verify that the statements made in this Custody Complaint 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 unsworn falsification to authorities. Date 4-6?01 " 0 JI D. LO SON AND NOW, this 29"' day of April 2008, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Spencer T. Lomison 119 B Street Carlisle, PA 17013 Respectfully submitted, ABOM & KUTULAK s, L.L.P. L h Au i mno Michelle L. So r, Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff Y JODI D. LOMISON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2784 CIVIL ACTION LAW SPENCER T. LOMISON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 07, 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 Wednesday, June 04, 2008 _ at 1:00 PM 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 . 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 .? 'Roe ' fARkSNN3d AIN MI-0 8? zZ WJ L- AN ODU & KU Mom LAKIS Michelle L Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 JODI D. LOMISON, Plaintiff V. SPENCER T. LOMISON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-2784 CIVIL ACTION - LAW IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between ,JfODI D. LOMISON, (hereinafter referred to as "Mother' and SPENCER T. LOMISON, (hereinafter referred to as "Father' WHEREAS, the parties are the natural parents of one child, namely ZOEY MARISSA LOMISON, born February 2, 1999, (hereinafter referred to as "Child'; and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. 2 NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Legal Custody A. The Father and the Mother shall have shared legal custody of the Child. 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 his health, education and religion. Pursuant to the terms of 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 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 regard 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. Additionally, each parent shall be entitled to receive copies of any 3 notices. which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. Physical Custody A. Mother shall have primary physical custody of the Child. B. Father shall have partial physical custody of the Child in accordance with the following schedule: a. Father will have the Child every other weekend on Friday after daycare until Sunday at 8:00 p.m. b. Father will also have the Child every Wednesday after daycare until 8:00 P.m. C. Transportation for the 8:00 p.m. pick-up time will be shared between the parties with the parties agreeing to meet at the Bank of Landisburg in Landisburg, Pennsylvania. D. If either patent is going to be away overnight with the Child for two (2) consecutive overnights or longer, that parent shall provide notice to the other parent as to the location of the Child and a number where they can be reached. Notice shall be given at least forty-eight (48) hours in advance of the overnight travel. 3. Holidays A. The parties will share all major holidays as follows: a. Mother will have the Child on the day proceeding the holiday until 1:00 p.m. on the day of the holiday b. Father will have the Child on the day of the holiday starting at 1:00 p.m. until 8:00 p.m. the day following the holiday. 4 B. Mother's Day a. Mother shall have custody on Mother's Day. C. Father's Day a. Father shall have custody on Father's Day. D. All above referenced holiday schedules take precedence over normal custodial periods. 4. Summer Vacation A. During the summer months, each parent will be afforded at least one (1) week (seven (7) consecutive days), but no more than two (2) weeks (fourteen (14) consecutive days) of vacation with the Child, as long as he or she provides at least thirty (30) days notice to the other party of his or her selected weeks; as well as, the destination of the vacation and a number where the Child can be reached. 5. Telephone Contact A. Each parent shall be entitled to reasonable telephone contact with the Child which shall not be excessive as well as daily contact via e-mail with the Child when in the custody of the other parent. 6. The parents shall organize ways for their Child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. It is also suggested that toys, clothes, etc. not become matters of contention. Major gifts should be discussed and coordinated between the parents. 7. Each parent will exercise care in screening babysitting/Child care providers. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the Child may 5 be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 8. The parents shall permit and support the Child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the Child which might interfere with regular visitation. 9. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 10. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule or if the relocation would result in a change of school for the Child or exceed a fifty (50) mile radius without a minimum notice of ninety (90) days to the other parent The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. For the Child's welfare, neither parent should consider moving very far from the other until the Child has reached adulthood. 11. No Conflict Zone A. Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Children and refrain from making 6 derogatory comments about the other parent in the presence of the Child and, to the extent possible, shall not permit third parties from making such comments in the presence of the Child whether the Child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child to provide reports about the other parent. Communication should always take place directly between parents, without using the Child as an intermediary. Each parent should encourage their Child to send the appropriate holiday cards to the other parent 12. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 13. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 14. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 15. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 7 IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNES TH: DATE JUDI D. L MISON 073 DATE CER .LOMISON 8 M . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On thisj?j day of , 2008, before me, the undersigned officer, personally appeared JODI D. LOMISON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. G? NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Shannon L. Prtpma,-, Aiotary Public Carlisle Bo2•, .,t,?Pand County My Commissior, Ev) M "7,2009 COMMONWEALTH OF PENNSYLVANIA Member, Pennsylvania Association of Notaries SS. COUNTY OF CUMBERLAND On this day of a lp L- , 2008, before me, the undersigned officer, personally appeared SPENC R T. LOMISON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. &.17pnol j- NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Shannon L Finanman, Nocky Public Carlisle Boro, Cumbalarid CMV My Commission EViree AW117, 2009 Member, Pennsylvania Association of Notaries 9 r t ? ? ?=?? ???` -v ??' N JODI D. LOMISON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 08-2784 SPENCER T. LOMISON, CIVIL ACTION - LAW Defendant IN CUSTODY AND NOW this bah day of T%3% L 2008, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, Jcc: Z.,chelle L. Sommer, Esquire, For the Ph . ntz?' Spencer T. Lomison, Pro Se Defendant 119 B Street, Carlisle, Pennsylvania 17013 (408 'ONVAIASNN d A1Nno,,) np ?r' pavw ZI :E Nd 9" wIr ON AV1tWGiUO8d 34110