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HomeMy WebLinkAbout03-0084Barbara Sumple-Sullivan, Esquire Supreme Court//32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 THANE E. SHOWERS, Plaintiff TIFFANY D. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Custody COMPLAINT IN CUSTODY 1. Plaintiffis Thane E. Showers, an adult individual residing at 24 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Tiffany D. Smith, an adult individual residing at 15 Sweet Arrow Drive, Hummelstown, Dauphin County, Pennsylvania, 17036. NAME Arie L. Showers Plaintiff seeks shared legal and physical custody of the following child: ADDRESS 15 Sweet Arrow Drive Hummelstown, PA 17036 DOB February 2, 1994 The child was not born out of wedlock. During the past five (5) years, the child has resided with the following persons and at the following addresses: PERSONS Thane, Tiffany, and Arie Tiffany, Unknown Boyfriend, and Arie Rod, Tiffany, Arie ADDRESSES DATES 175 Meadows Road 1994 to Newville, PA 1997 175 Meadows Road 1997 to Newville, PA 1999 15 Sweet Arrow Drive Hummelstown, PA 17036 1999 to Present The Mother of the child is Tiffany D. Smith, currently residing at 15 Sweet Arrow Drive, Hummelstown, Dauphin County, Pennsylvania, 17036. The Father of the child is Thane E. Showers, currently residing at 24 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The parties are divorced. currently resides with the following persons: NAME Thane E. Showers The relationship of the Plaintiffto the child is that of Father. The Plaintiff RELATIONSHIP Self 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME Tiffany D. Smith Rod Smith Arie L. Showers RELATIONSHIP Self Husband Child Child 6. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 7. 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. Father shared The best interest and permanent welfare of the child will be served by granting legal and physical custody of the child. The reasons are as follows: Since the parties' separation, Plaintiff has attempted to maintain a consistent relationship with his son. He has attempted to be flexible. He has only been allotted alternating weekends, which he has exercised regularly. However, he has been unable to negotiate additional time with the Defendant. Therefore, he desires a court order to be entered so that he can be sure of time for vacations with the child and holidays. He would also like to expand his periods of partial custody with the child. The Plaintiffand the child have a good relationship and expansion of custodial time with his Father will be in the child's best interest. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal and physical custody of the child with Plaintiff Dated: January.~____, 2003 Respect full.~j~mitt ed, Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 THANE E. SHOWERS, Plaimiff V. TIFFANY D. SMITH, Defendam : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. .- : CIVIL ACTION - LAW : Custody VERIFICATION I, THANE E. SHOWERS, hereby certify that the facts set forth in the foregoing COMPLAINT IN CUSTODY are tree and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: THANE E. SHOWERS THANE E. SHOWERS PLAINTIFF TIFFANY D. SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CU'MBERLAND COUNTY, PENNSYLVANIA 03-84 CIVIL ACTION LAW IN' CUSTODY ORDER OF COURT AND NOW, Friday, January 10, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Melissa P. Greevy, Esq. _, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday', February 10, 2003 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. All children age five or older may also be present at the conference. Failure to al~pear 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 existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy, Esq. c,, . Custody Concifiator 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 befi>re 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-2.166 THANE E. SHOWERS, ) Plaintiff ) ) ) ) ) TIFFANY D. SMITH, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-84 CIVIL TERM IN CUSTODY PRELIMINARY OBJECTION AND NOW comes the above-named Defendant, by her attorney Samuel L. Andes, and files a Preliminary Objection to challenge the venue of the Court of Common Pleas of Cumberland County in this case: 1. The Defendant in this matter is Tiffany D. Smith, an adult individual who resides and who has resided since 1999, at 15 Sweet Arrow Drive in Hummelstown, Dauphin County, Pennsylvania. 2. Plaintiff's Complaint in Custody acknowledges that the minor child who is the subject of this litigation, Arie L. Showers has resided with the Defendant in Hummelstown, Dauphin County, Pennsylvania, for a period of approximately three years prior to the filing of Plaintiff's Complaint. 3. Venue properly lies where the child resides or in the child's home jurisdiction, which is defined by law as the jurisdiction in which the child has resided for a period of six months continuously prior to the filing of the Complaint. 4. Cumberland County is not the child's home jurisdiction, the child does not reside in Cumberland County and no other reason under the law applies for this matter to be heard in Cumberland County. WHEREFORE, Defendant objects to Plaintiff's Complaint on the basis of venue and asks that this matter be transferred to the Court of Common Pleas of Dauphin County, Pennsylvania. Sa~"rtru~ L. An~es = Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Preliminary Objection upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan, Esquire 549 Bridge Street New Cumberland, Pa 17070 Date: 20 May 2003 Amy MO--larkins Secretary for Samuel L. Andes JUN og 2003 ~ THANE E. SHOWERS, Plaintiff V. TIFFANY D. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-84 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OFCOURT AND NOW, this 27th day of May, 2003, the Defendant having filed Preliminary Objections on May 21, 2003, the Conciliator continues the matter generally pending disposition of Defendant's Preliminary Objections. FOR THE O~."~ Custody Conciliator Dist: /~arbara Sumple Sulivan, Es 549 ' ' ~-'~ - q. Bfiage Street, New Cumberland, PA 17070 ~'~ramue L. Andes, Esq., 525 N. 12th Street, Lemoyne, PA 17043 :214093