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HomeMy WebLinkAbout06-2581 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff ROBERT M. CAIA TI, Plaintiff v. DESTINY R. MOATS Defendant ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION NO. OL. --';;~f I (!."to ~ L IVL~ COMPLAINT FOR CUSTODY 1. The Plaintiff is Robert M. Caiati, residing at 1315 North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Destiny R. Moats, residing at 8782 Kings Road, Waynesboro, Franklin County, Pennsylvania 17268. 3. Plaintiff seeks custody of the following children: Name Madison Paige Caiati Taylor Marie Caiati Present Address Aee 8782 Kings Road Waynesboro, PA 17268 8 (D.O.B. 10/25/97) 8728 Kings Road Waynesboro, PA 17268 6 (D.G.B. 07/26/99) 4. Taylor Marie Caiati was not born out of wedlock. Madison Paige Caiati was born out of wedlock 5. The children are presently in the custody ofthe Defendant, Destiny R. Moats, who resides at 8782 Kings Road, Waynesboro, P A 17268. 6. During the last five years, the children have resided with the following persons at the following addresses: Person{ s ): Destiny R. Moats Address: 8782 Kings Road Waynesboro, PA 17268 Dates: 2/2002-Present Destiny R. Moats 9522-1 McKean Road Waynesboro, PA 17268 8/2000-2/2002 7. The mother of the child is Defendant, Destiny R. Moats, currently residing at 8782 Kings Road, Waynesboro, PAl 7268. She is single. 8. The father of the child is Plaintiff, Robert M. Caiati, currently residing at 1315 North Pitt Street, Carlisle, PA 17013. He is married. 9. The relationship of the Defendant to the children is that of mother. 10. The relationship ofthe Plaintiff to the children is that off ather. The Plaintiff currently resides with the following persons: Name Relationship Stephanie A. Caiati Dominic A. Caiati Wife Son I I. The parties participated in a Custody Action in Franklin County (Docket No.: F.R. 2004-2263) in 2004. An order was entered on August 30, 2004 pursuant to an Agreement between the parties dated August 22, 2004. Franklin County maintained jurisdiction for a period of six (6) months after entry of the order. 12. 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 children. 13. Each parent whose parental rights to the children have not been tenninated and the person who has physical custody ofthe children have been named as parties to this action. 14. The best interests and permanent welfare of the children will be served by granting the relief requested. The quality of the children's physical, intellectual, moral and spiritual environment would be improved by Plaintiffs increased and continuing involvement in the Children's lives. WHEREFORE, Plaintiff requests the Court to grant him Custody of the Children. Respectfully submitted, DATE: "-//:J.~ /00 -I okfj~ A. -!o/WN/\. Tabetha A. Tanner, Esquire Supreme Court J.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this custody complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. --R~ '/ . 6:/ Robe M. Caiatl Date: O~ /:J.{p /2CJOfp v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT M. CAIATI, Plaintiff CUSTODYNISITA TlON DESTINY R. MOATS, Defendant NO. CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Custody Complaint, filed in the above-captioned matter, upon Destiny R. Moats, via first class mail, postage prepaid, certified, restricted delivery, return receipt requested, addressed as follows: Ms. Destiny R. Moats 8782 Kings Road Waynesboro, PA 17268 Respectfully submitted, Date: Tabetha A. Tanner, Esquire Supreme Court LD. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 r lD?~ IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - FRANKLIN COUNTY BRANCH DESTINY MOATS, Civil Action - Law Plaintiff vs. F.R. 2004-o<.2G:>3 ~ "':J (:.~' '"br- .....! .:C-',_ ~.~ c.:5:.:-: ROBERT M. CAlATI, Defendant Custody ); '- ., i.) /J ORDER OF COURT \,j AND NOW, I1j.1q,,~:3'tJ, 2004, the within ~tipulation of1he parties having been presented, read, considered, and ordered to be filed, it is hereby ordered that shared legal custody of Madison Paige Caiati, born October 25, 1997 and Taylor Marie Caiati, born July 26, 1999, shall be granted to the Plaintiff, Destiny Moats and the Defendant, Robert M. Caiati, Physical custody shall be arranged as follows: 1. Plaintiff shall exercise primary residential custody of the minor children. 2. Defendant shall exercise partial residential custody at the following times: A. Every other weekend from Friday evening at 7:00 p.m. thru Sunday at 2:00 p.m. beginning July 9, 2004 and alternating thereafter. B. During the summer of 2004, Defendant shall have custody for the purpose of vacation for one week. Notice of Defendants selected week shall be given no later than June 1 st. C. During the summer of 2005, Defendant shall have custody for the purpose of vacation for two non-consecutive weeks. Notice of Defendant's selected weeks shall be given no later than June 1st. D. During the summer of2006 and every summer thereafter, Defendant shall have custody for the purpose of vacation for three non-consecutive weeks. Notice of Defendant's selected weeks shall be given no later than June 1 st of each summer. 3. The holiday ofThanksgiving shall be arranged as follows: (~ .;;;.~ ;] t":: h." c."S ~.:o ;::Co tj ~_ ~ c:) ,~::r-- ,,-~. ~c:J ,::; '~_:=.f . ~~:::.v '-.;: " . A. In 2004 and every even year thereafter, Defendant shall exercise custody from the Wednesday immediately preceding Thanksgiving Day at 8:00 p.m. until Thanksgiving Day at 5:00 p.m. Plaintiff shall exercise custody from 5:00 p.m. on Thanksgiving Day until Friday immediately following Thanksgiving Day at 10:00 a.m. B. In 2005 and every odd year thereafter, Plaintiff shall exercise custody from the Wednesday immediately preceding Thanksgiving Day at 8:00 p.m. until Thanksgiving Day at 5:00 p.m. Defendant shall exercise custody from 5:00 p.m. on Thanksgiving until Friday immediately following Thanksgiving Day at 10:00 a.m. 4. The holiday of Christmas shall be arranged as follows: A. In 2004 and every even year thereafter, Plaintiff shall exercise custody from December 24th at 8:00 p.m. through Christmas at 2:00 p.m. Defendant shall exercise custody from 2:00 p.m. on Christmas Day until December 26th at 10:00 a.m. B. In 2005 and every odd year thereafter, Defendant shall exercise custody from December 24th at 8:00 p.m. through Christmas Day at 2:00 p.m. Plaintiffshall exercise custody from 2:00 p.m. on Christmas Day until December 26th at 10:00 a.m. 5. Transportation to effectuate any periods of custody shall be shared by the parties with exchanges of custody taking place of the K-mart parking lot located on Main Street, Waynesboro, Pennsylvania. In the event that Defendant will not be picking up the minor children for any period of scheduled custody, Defendant shall give Plaintiff at least three days notice of his intention not to exercise custody. 6. Telephone access to the children shall be afforded to both parties at all reasonable times. 7. The parties acknowledge and agree that the minor children may be enrolled in special activities from time to time, including but not limited to educational, sports, and recreation, and that such activities require their attendance during either parties periods of custody. Mother shall provide Father with any information regarding the activities of the children at the time of custody exchanges. Mother and Father agree that they will see that the children are transported to such activities during their periods of custody. In the event that Mother or Father cannot transport the children to said activities, then they agree to notify the other party so that appropriate arrangements can be made to insure the children's attendance. ~ 8. A waiver of any period of custody during any year shall not be construed as a waiver of any future period of custody. 9. Notwithstanding the above scheduled periods of custody, Mother and Father may alter these periods of custody from time to time by agreement and taking into consideration the best interests of the minor children, 10. The Court of Common Pleas of the 39th Judicial District, Franklin County, Pennsylvania, shall retain jurisdiction over the parties in the custody action for a period of six months following the date of this Order. IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - FRANKLIN COUNTY BRANCH DESTINY MOATS, Civil Action - Law Plaintiff vs. F.R. 2004- Defendant Custody 0 - ""T1 r"l c;c:',) :.tJ "TJ <...--::~ ''0 , =" ):.-... c: "TJ -< ::::ri ::;: ;",w Z ;0 --< 0 \...:1 c-~ -....... CJ , c.") -~ ,..'- -~ N "'... (""::; ~ C...'1 (.:) c" C. ) r ~- .:) Tl --< ,.J.> ::::" . ,. ,".' ~;.; __. ",'..J -< C) '"( --< w ;." .....J ROBERT M. CAIATI, AGREEMENT THIS Agreement if made .2004, by and between Destiny Moats, Plaintiff, residing at 8782 Kings Road, Waynesboro, Franklin County, Pennsylvania 17268 and Robert M. Caiati, Defendant, residing at 11815 Ivanhoe Drive, Waynesboro, Franklin County, Pennsylvania 17268. WHEREAS: I. Plaintiff, Destiny Moats is the natural mother of the minor children, Madison Paige Caiati, date of birth October 25, 1997 and Taylor Marie Caiati, date of birth July 26, 1999. Defendant, Robert M. Caiati, is the natural father of the minor children. 2. Plaintiff and Defendant, having divorce, have mutually agreed that it is in the best interests and welfare of the children to implement a regular schedule of custody maximizing the amount oftime that each parent may spend with the children. 3. The parties have worked out an applicable child custody stipulation agreement concerning the minor children. NOW, THEREFORE, the parties hereby request the Court to enter an Order as follows: ORDER OF COURT AND NOW, .2004, the within Stipulation of the parties having been presented, read, considered, and ordered to be filed it is hereby ordered that shared legal custody of Madison Paige Caiati, born October 25, 1997 and Taylor Marie Caiati, born July 26, 1999, shall be granted to the Plaintiff, Destiny Moats and the Defendant, Robert M. Caiati. Physical custody shall be arranged as follows: 1. Plaintiff shall exercise primary residential custody of the minor children. 2. Defendant shall exercise partial residential custody at the following times: A. Every other weekend from Friday evening at 7:00 p.m. thru Sunday at 2:00 p.m. beginning July 9, 2004 and alternating thereafter. B. During the summer of2004, Defendant shall have custody for the purpose ofvaC8tion for one week. Notice of Defendants selected week shall be given no later than June I st. C. During the summer of2005, Defendant shall have custody for the purpose of vacation for two non-consecutive weeks. Notice of Defendant's selected weeks shall be given no later than June 1st. D. During the summer of 2006 and every summer thereafter, Defendant shall have custody for the purpose of vacation for three non- consecutive weeks. Notice of Defendant's selected weeks shall be given no later than June lit of each summer. 3. The holiday ofThanksgiving shall be arranged as follows: A. In 2004 and every even year thereafter, Defendant shall exercise custody from the Wednesday immediately preceding Thanksgiving Day at 8:00 p.m. until Thanksgiving Day at 5:00 p.m. Plaintiffshall exercise custody from 5:00 p.m. on Thanksgiving Day until Friday immediately following Thanksgiving Day at 10:00 a.m. B. In 2005 and every odd year thereafter, Plaintiff shall exercise custody from the Wednesday immediately preceding Thanksgiving Day at 8:00 p.m. until Thanksgiving Day at 5:00 p.m. Defendant shall exercise custody from 5:00 p.m. on Thanksgiving until Friday immediately following Thanksgiving Day at 10:00 a.m. 4. The holiday of Christmas shall be arranged as follows: A. In 2004 and every even year thereafter, Plaintiff shall exercise custody from December 24th at 8:00 p.m. through Christmas at 2:00 p.m. Defendant shall exercise custody from 2:00 p.m. on Christmas Day until December 26th at 10:00 a.m. B. In 2005 and every odd year thereafter, Defendant shall exercise custody from December 24th at 8:00 p.m. through Christmas Day at 2:00 p.m. Plaintiff shall exercise custody from 2:00 p.m. on Christmas Day until December 26th at 10:00 a.m. 5. Transportation to effectuate any periods of custody shall be shared by the parties with exchanges of custody taking place of the K-mart parking lot located on Main Street, Waynesboro, Pennsylvania. In the event that Defendant will not be picking up the minor children for any period of scheduled custody, Defendant shall give Plaintiff at least three days notice of his intention not to exercise custody. 6. Telephone access to the children shall be afforded to both parties at all reasonable times. 7. The parties acknowledge and agree that the minor children may be enrolled in special activities from time to time, including but not limited to educational, sports, and recreation, and that such activities require their attendance during either parties periods of custody. Mother shall provide Father with any information regarding the activities of the children at the time of custody exchanges. Mother and Father agree that they will see that the children are transported to such activities during their periods of custody. In the event that Mother or Father cannot transport the children to said activities, then they agree to notifY the other party so that appropriate arrangements can be made to insure the children's attendance. 8. A waiver of any period of custody during any year shall not be construed as a waiver of any future period of custody. 9. Notwithstanding the above scheduled periods of custody, Mother and Father may alter these periods of custody from time to time by agreement and taking into consideration the best interests of the minor children, 10. The Court of Common Pleas of the 39th Judicial District, Franklin County, Pennsylvania, shall retain jurisdiction over the parties in the custody action for a period of six months following the date of this Order. 1. Nothing in this agreement shall preclude the parties from stipulating and mutually agreeing upon other conditions concerning primary or partial residential custody or visitation in this matter. . NOW, THEREFORE, the parties intending to be legally bound, stipulate and agree that the Court of Common Pleas of the 39th Judicial District, Pennsylvania, Franklin County Branch, may upon motion of Plaintiff's counsel, enter an Order of Court on the above terms and conditions; the parties waiving their right to be present and to have the children present the time and place the Order is entered or otherwise required or allowed under Pa. R.C.P. No. 1915.7. IN WITNESS WHEREOF, the parties intending to be legally bound, execute this Agreement by signing below. Witness: ~"i't 1{;.L(JlUJ (]U~ if~ ROBERT M CAIATI, DEFENDANT VERIFICATION I verifY that the statements made in this Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. ...:iJ 9~ IO'l DATE . 1/$1.. IJJtjj'--l>1Jtl;i4; STINY M TS, PLAINTIFF VERIFICATION I verifY that the statements made in this Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unsworn falsification to authorities. Dr./l.'J-!O~ './-.. ~ ~ // ~ . .Z ROBERT . CAIATI, DEFENDANT ~~ "\Q.. ,...., -- (") "'" ~ -p - ~ = """' \;L ~ '"'01');1 :x ~i!! 92 f~r\ :l>" -< 6 zf~' I ..",~ ~t1 - ~~;. CJl gb - ~ ~l:-) x:ri ~ ~ ~Q -0 :x Gc") -.:::) $~ "'\;'4f"Tl r:? 2 V) ~ ~ -C:. 1: - ~ -f-- ( -- ROBERT M. CAIA TI PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 06-2581 CIVIL ACTION LAW DESTINY R. MOATS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 11, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 19IH State St., Camp Hill, PA 17011 on Friday, June 16. 2006 at 2:30 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. 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 heaODl!. FOR THE COURT, By: Isl Melissa P. Greevy, Esq. 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 HA VE 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 (7 I 7) 249-3166 ~p?- ~w~ .~~~~ ~Jp ~ ~ ~ '-P'l ?tl:5f 5' ~ ~j/".f' ~cl'5/:5 IfINVA'ASNI{3d I 'Nnrv-. 11' ",,1\ '""'Cl1"'n'-' 1\1. ..}C,.;" ..... "':~:'r.,,11 V 28 :(; Wd S I J,VW qGGl AW10NOH10i:ld 3liJ. :30 381:J:lO-cE11:3 IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY ROBERT M. CAIATI, Civil Action - Law Plaintiff vs No. 06-2581 DESTINY R. MOATS, Defendant Custody PETITION FOR CHANGE OF VENUE AND STAY OF CUSTODY PROCEEDINGS PENDING RESOLUTION OF PRELIMINARY OBJECTIONS NOW COMES the Defendant, Petitioner herein, by and thru her attorney, Carol A. Redding, Esquire, and sets forth the following in support of her Petition for Change of Venue and Stay of Custody Proceedings Pending Resolution of Preliminary Objections: 1. Petitioner is Destiny R. Moats, 8782 Kings Road, Chambersburg, Franklin County, Pennsylvania. 2. Respondent is Robert M. Caiati, 1315 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of two minor children, Madison Paige Caiati, Age 8, date of birth, October 25, 1997, and Taylor Marie Caiati, Age 6, date of birth July 26, 1999, who have lived primarily with the Petitioner since August, 2000. 4. On Friday, May 5, 2006, the Respondent, Robert M. Caiati, caused to be filed an Ex Parte Petition for Custody in Cumberland, Pennsylvania and docketed to F.R. 2006-2581. Said Petition is scheduled to be heard by the Cumberland County Courts, thru its conciliator, Melissa P. Greevy, Esquire, on Friday, June 16,2006 at 2:30 p.rn. Notice of said Ex Parte Petition for Custody and Conciliation was received by the Petitioner on May 16, 2006, after the Petition had been filed and an Order entered by the Court on May 11,2006. 5 . PAR c.P. 1915.2 provides that the county where the children have resided the last six months is the proper venue to bring a custody action. 6. PARC.P. 1915.2(2) also provides that other factors can be considered in showing that venue is proper where it is in the best interest of the children because the children and her parents have a significant connection with the county and there is available within the county substantial evidence concerning the children's present or future care, protection, training, and personal relationships. In the case at hand, the following significant contacts in Franklin County exist: A the minor children have been residents of Franklin County since August,2000. B. The Petitioner, who is and has been a primary caretaker of the minor children since August, 2000, and by Order of Court since August 30, 2004, has been a resident of Franklin County since August, 2000. C. The Respondent is not a resident of Franklin County and has never been a pennanent resident of Franklin County. D. The minor children attend school in Franklin County, Waynesboro Area School District, with Madison Paige Caiati, attending Mowery Elementary, where is in the 2nd grade and Taylor Marie Caiati, attending Mowery Elementary, where she is in the 1 st grade. E. The minor children are treated by their regular pediatrician, Dr. Rishi, Waynesboro Pediatric Specialists, located in Waynesboro, Franklin County. F. All of the minor childrens' records, teachers, and other witnesses who would testify to their well-being are located in Franklin County. G. The minor children have regular contact with their maternal and paternal grandparents, both of whom would have information as to the well- being and factors affecting the best interest and welfare of the minor children, and who both reside in Franklin County. 7. A Conciliation Conference has been ordered by the Court with Melissa P. Greevy, Esquire on Friday, June 16,2006. 8. The conference is premature as Preliminary Objections have been filed in the instant matter in the nature of a Motion To Dismiss for Lack of Venue. WHEREFORE, the Petitioner respectfully requests that the Complaint in Custody filed by the Respondent be dismissed or, in the alternative, that the Conciliation conference and all other custody proceedings be stayed pending a hearing and decision on the Preliminary Objections for Lack of Venue. Respectfully submitted, tlVlIY.-(! {l ~~ Carol A. Redding, Esquire Attorney for Petitioner Destiny R. Moats Attorney No: 82041 REDDING LAW OFFICE 19 North Main Street Chambersburg, P A 17201 717-267-1440 VERIFICA TION I verifY that the statements set forth in the foregoing document are true and correct. 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: 5jd310lD ~'-fYvlo~ D stiny R. Is CERTIFICATE OF SERVICE On this 24th day of May, 2006, I, Carol A. Redding, Esquire, hereby certify that I have served a copy of the foregoing document by depositing same in the United States First Class Mail, postage prepaid, in Chambersburg, Pennsylvania, to the person and address indicated below: Tabetha A. Tanner, Esquire TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 (h/zO-R G i2Qd~')v Carol A. Redding, Esquire - 11 REDDING LAW OFFICES 19 North Main Street Chambersburg, P A 17201 (717) 267-1440 () r-..) C) = c: = " ~ c::r-- -0 ,"';--; :J: "-;-t nl : , J;:;.. nl 11 -<:: p:" 2::: r- '" ill (r) ",-. q ::; U1 ~-~) c::: f. ""T.) +' .- ::1:: ~.=) ;;;..:;.~; f'+'-_, rrl r'0 ~.~ Ul ::0 en "< IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY ROBERT M. CAlATI. Civil Action - Law Plaintiff vs No. 06-2581 DESTINY R. MOATS, Defendant Custody NOTICE TO PLEAD To: Robert M. Caiati, by his attorney, Tabeth A. Tanner, Esquire You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. (1-MU Q. ~~ Carol A. Redding, #82041 Attorney for Defendant Destiny R. Moats REDDING LAW OFFICES 19 North Main Street Chambersburg. P A 17201 (717) 267-1440 IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY ROBERT M. CAlAT!. Civil Action - Law Plaintiff vs No. 06-2581 DESTINY R. MOATS, Defendant Custody PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO DISMISS FOR LACK OF VENUE PURSUANT TO PA.R.C.P. 1006 AND 1028(A)(I) NOW COMES the Defendant, Petitioner herein, Destiny R. Moats, by and thru her attorney, Carol A. Redding, Esquire, and sets forth the following in support of Preliminary Objections: 1. On Friday, May 5. 2006, the Respondent, Robert M. Caiati, caused to be filed an Ex Parte Petition for Custody in Cumberland, Pennsylvania and docketed to F.R. 2006-2581. Said Petition is scheduled to be heard by the Cumberland County Courts, thru its conciliator. MelissaP. Groovy. Esquire, on Friday, June 16, 2006 at 2:30 p.m. Notice of said Ex Parte Petition for Custody and Conciliation was received by the Petitioner on May 16, 2006, after the Petition had been filed and an Order entered by the Court on May 11,2006. 2. On August 30. 2004. an Agreement for Custody and corresponding Order of Court was entered by President Judge John R. Walker, in Franklin County, Pennsylvania. 3. P A.R. C.P. 1915.2 provides that the county where the children have resided the last six months is the proper venue to bring a custody action. 4. PAR.C.P. 1915.2(2) also provides that other factors can be considered in showing that venue is proper where it is in the best interest of the children because the children and her parents have a significant connection with the county and there is available within the county substantial evidence concerning the children's present or future care, protection, training, and personal relationships. 5. The Cumberland County Court of Common Pleas is not the proper venue for the following reasons: A. the minor children have been residents of Franklin County since August, 2000. B. The Petitioner, who is and has been a primary caretaker of the minor children since August, 2000, and by Order of Court since August 30, 2004, has been a resident of Franklin County since August, 2000. c. The Respondent is not currently a resident of Franklin County and has never been a permanent resident of Franklin County. D. The minor children attend school in Franklin County, Waynesboro Area School District, with Madison Paige Caiati, attending Mower Elementary, where she is in the 2nd grade and Taylor Marie Caiati, attending Mowery Elementary, where she is in the I st grade. E. The minor children are treated by their regular pediatrician, Dr. Rishi, Waynesboro Pediatric Specialists, located in Waynesboro, Franklin County. F. All of the minor childrens' records, teachers, and other witnesses who would testify to their well-being are located in Franklin County. G. The minor children have regular contact with their maternal and paternal grandparents, both of whom would have information as to the welI-being and factors affecting the best interest and welfare of the minor children, and who both reside in Franklin County. WHEREFORE, Petitioner requests this Honorable Court to Dismiss the Custody Complaint filed by the Respondent for lack ofYenue. Respectfully submitted, {0 J{()UJ Q R--ad~6? Carol A. Redding, Esquire 1 Attorney for Petitioner Destiny R. Moats Attorney No: 82041 REDDING LAW OFFICES 19 North Main Street Chambersburg, P A 17201 717-267-1440 VERIFICATION I veritY that the statements set forth in the foregoing document are true and correct. 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: ..Qj{)3l0~ P' ~ cR. LJr/tJaifJ. Destiny R. Mo ts CERTIFICATE OF SERVICE On this 24th day of May, 2006, I, Carol A. Redding, Esquire, hereby certifY that I have served a copy of the foregoing document by depositing same in the United States First Class Mail, postage prepaid, in Chambersburg, Pennsylvania, to the person and address indicated below: Tabetha A. Tanner, Esquire TANNER LAW OFFICES, LLC 13 00 Market Street, Suite 10 Lemoyne, PA 17043 (/Ju'((";UJ I) Pf(,{oLu..U7 Carol A. Redding, Esquire . ~u REDDING LAW OFFICES 19 North Main Street Chambersburg, P A 1720 I (717) 267-1440 (') ...., 0 = ~; ":;::;;.;l -n <::.,... ~ ~ :;.... .,., -- rn F N -ern ~,r}O (.11 I~){L\ "1,-:"" ........'-:, ,J !-~:}} :::a.:..: ">0 (~.: N _::5rn :;<: ':::J --; c.n :u '", 0> -< IN THE COURT OF COMMON PLEAS - CUMBE '\.!'''' i....~T-:"~~lV-1.) !J ROBERT M CAlATI, Civil Action - Law MAY 2 8 l006 Plaintiff BY.2...c. vs No. 06-25 I DESTINY R. MOATS, Defendant Custody ORDER OF COURT AND NOW, this Sf*day of ~~ , 2 06, upon presentation and consideration of the within Petition For Change of Yen e and Stay of Custody Proceedings, IT IS HEREBY ORDERED AND DECREED th t a hearing will be held on the within Petition for Transfer of Venue on the -13 ~ day 0 M- ' 2006 at 3'.oDo'c1ock p.m.. in Courtroom number 2 of the Cumberland C unty Courthouse. Carlisle, Pennsylvania, at which time the PlaintiIDRespondent shall appe to present any evidence to show why the requested Relief should not be granted to the efendant/Petitioner. IT IS FURTHER ORDERED that pending such he . g all Custody Proceedings currently pending in the above captioned matter be STAYED until rther order. BY THE COURT, J ;;[ ~[. ~:-i r ..fJ Vir,1\j;\~lA8Nf~3d I ! '..)fV"" . , "';:C::'!\I", " J\lJ>. t',.." ' " 11'1, ! fl..} eo :01 !~V 1- Nor 9UUl AtNlOfiUH.lOtd 3Hl :10 :nH~O'Cl3ll:! TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT M. CAIATI, Plaintiff CUSTODY NISIT A TION DESTINY R. MOATS Defendant NO. 06-2581 ANSWER TO DEFENDANT'S PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO DISMISS FOR LACK OF VENUE PURSUANT TO PA.R.C.P. 1006 AND 1028(A)(1) AND NOW comes the Plaintiff, Robert M. Caiati, by and through his attorney, Tanner Law Offices, LLC, and respectfully submits this Answer to Defendant's Preliminary Objection in the Nature of a Motion to Dismiss For Lack of Venue Pursuant to Pa.R.C.P. 1006 and 1028(A)(I) as follows: 1. Admitted in part. Denied in part. It is denied that an Ex Parte Petition for Custody was filed by Plaintiff in Cumberland County. It is admitted that a Complaint for Custody was filed in Cumberland County on May 5, 2006. It is admitted that a Pre-Hearing Custody Conference was scheduled before the conciliator, Melissa P. Greevy, Esquire on Friday, June 16,2006 at 2:00 PM. It is specifically denied that said Complaint for Custody was Ex Parte. It is specifically denied that said Complaint for Custody was docketed to F.R. 2006- 2581, but rather 06-2581 cv. Plaintiff is without sufficient information to form a belief as to the date upon which counsel for Defendant received the Complaint for Custody. Answering further, Plaintiff, through his counsel, mailed the Complaint for Custody to the Cumberland County Prothonotary on May 2,2006. The prothonotary's office then docketed the Complaint on May 5, 2006, and forwarded the Complaint to the Court Administrator pursuant to local rule 1915.2-1. A conciliator was assigned on May 11,2006. The docketed complaint and Order of Court were then mailed back to Plaintiffs Counsel simultaneously as a complete packet. Plaintiff s Counsel received the docketed Complaints and Orders of Court on May 17,2006. On May 17,2006, Plaintiffs counsel then served the Defendant via regular mail and certified mail, restricted delivery. Answering further, Plaintiff, through Plaintiffs counsel, at all times followed the Pennsylvania Rules of Civil Procedure and Cumberland County Rules of Procedure and at no time acted in an ex parte manner. 2. Admitted. Answering further, said Order of Court reserved jurisdiction for a period of six (6) months, ending on February 28,2005. 3. Denied as stated. Pa.R.C.P. 1915.2(a)(1)(ii) states that an action may be brought in any county ''which had been the child's home county within six months before commencement of the proceeding and the child is absent from the county because of the child's removal and retention by a person claiming the child's custody or for other reasons and a parent or person acting as parent continues to live in the county." Answering further, Pa.R.C.P. 19.15 .2( a)(2) states that an action may be brought in any county in which it is in the best interest ofthe child that the court decide the matter because the child and the child's parents, or the child and at least one parent, have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal relationships." Answering further, Pa.R.C.P. 1915.2(c) states that "Physical presence of the child, while desirable, is not a prerequisite to venue." 4. Denied as stated. Pa.R.C.P. 1915.2(2) does not provide for other factors to be considered to show proper venue. As indicated above, this section only states one of the many places in which venue is proper. Answering further, as the children's father resides in Cumberland County and the children have significant connections, present and future care, protection and personal relationships in Cumberland County, Cumberland County is an appropriate venue in which to bring this action. 5. Denied. As stated above, Pa.R.C.P. 1915.2(a)(2) and Pa.R.C.P. 1915 .2( c )provide the basis for proper venue for a custody action in Cumberland County . A. Admitted. B. Upon information and belief, admitted. C. Admitted. D. Admitted. E. Upon information and belief, admitted. F. Denied. Plaintiff intends to have witnesses testify as to the children's well-being. Said witnesses reside in Cumberland County. G. Plaintiff is without knowledge or information sufficient to form a belief as to the physical residence of the children's maternal grandparents or as to the information they mayor may not have with regard to the children's well-being. Answering further, said maternal grandparents would be able to travel to Cumberland County to testify as to their well- being. WHEREFORE, Plaintiff requests the Court maintain jurisdiction of this Custody matter. Respectfully submitted, DATE: ,/ /3~c, /~~ 11. -;/~ Tabetha A. Tanner, Esquire Supreme Court J.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 (717) 731-8114 . . VERIFICATION I verify that the statements made in this Answer to Defendant's Preliminary Objection in the Nation ofa Motion to Dismiss For Lack of Venue Pursuant to Pa.R.C.P. 1006 and 1028(A)(I) are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: Oh h312.00~ ~.7: ~ . Robert M. Caiati .. . . . ROBERT M. CAIATI, Plaintiff v. DESTINY R. MOATS, Defendant ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NISIT A TION NO. DIP ~ a.5SI CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Answer to Defendant's Prelimnary Objection in the Nature of a Motion to Dismiss for Lack of Venue Pursuant to Pa.R.C.P. 1006 and 1028 (A)(1), filed in the above-captioned matter, upon the following person via first class, U.S. mail, postage prepaid, addressed as follows: Date: 0/;/f);CXJ(;; Ms. Carol A. Redding, Esquire Redding Law Offices 19 North Main Street Chambersburg, PA 17201 Respectfully submitted, /~a /I, ~ Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 (717) 731-8114 C) ~-- r-.' C";;:'".1 c:--" ;?, .....-l -r:...,.., h'f~S 2= J:..- -'\ ~ _l;~. ,,~~~ :~~ ~~ l.D N C'"