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HomeMy WebLinkAbout98-05769 ~ \l ... :>-. ~ ~ \.. \I l.1 ~, ~ t", , '::. IV ~ _. . . ':\' (', .J ~: --.J' ~, ~) , D.." 0- ~i I DANIEL L. SMYSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DENISE A. SMYSER, Defendant NO. 98-5769 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 19th day of October, 1998, both parties having related their position to the Court and being in substantial agreement with most of the following order, it is hereby ordered and directed as follows: 1. Mother shall submit to a drug test within fifteen days of today's date by providing a hair sample to National Medical Services. The parties will split the up-front costs of said test. If the results are negative, father shall reimburse mother for her portion of the test. If the results are positive, mother shall reimburse father for his portion of the test. 2. Pending the results of said drug test, the parties shall have shared legal custody. Mother shall have primary physical custody of the children subject to partial primary physical custody with father as follows: a. Each Wednesday evening from 4:00 p.m. until 7:00 p.m. beginning October 21, 1998. b. Every weekend from Friday at 6:00 p.m. until sunday at 6:00 p.m. commencing October 30, 1998. I)'\NIEL I.. SMYSEI(, PLAINTIFF : 1;'<; TilE {'Ollll'(' OF CO:\I:\ION I'U:,\S OF : (,1I:\IIlEHLANIl (,OlINTY, I'ENNSYI.VANIA : NO.I)H. _l '/" I; CIVil. TEH:\I .. IlENISE A. SMYSEH, DEFENDANT : (,(VII. MTION . ('lISTODY OIWEH OF COllll'(' ANI> NOW, this ___~ day nf _~~,~\)(' \' ,,' 199H, upnn eonsideratinn of the attached petition, it is herehy directed that the parties and their respeeti\e counsel appear belllre \'{"\- .,::) :::,. c:, \~<'\i' A . Esquire. Ihe eO/leW"'or. m_'--:'L4~J.cI1-~\..~\:~+--Li'O-L'(f:J I' ' ,t', J r) , __ II")" ~-t-----, nn the _\...!- day oj ..bf..J~C.LGbU' 19l)H, at ~l.b.,' M. lor a Pre-lIeanng Custody Conference. At such ennlerenee, an eflilrt will be made to resnlve the issues in dispute; or if this cannot be accomplished. to deline and narrow the issues to be heard by the Court and to enter into a temporary order. All children age live nr older may also be present at the eonlerenee. Failure to appear at this conference may provide grounds for entry of it temporary or pcnnancnt oruer. By the Court, By: \ "",,\ YOU SHOULll TAKE TillS pAPEH TO YOUR LA WYER AT ONCE. IF YOU llO NOT HAVE A LAWVER OR CANNOT AFFORI> ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FlNI> OUT WIIERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 )-800-990-9108 AMERICANS WITII DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply witb the Americans witb Disabilities Act of 1990. For infonnation ahout accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our ofliee. 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. k .l '/r /, :t: './, , " /{' .<~~..' <,,}r , , ().l-'(' /;Yr /J~~,.ti/ & l ,'1-'/' - /./ 7: (tC4' /11. :t-f::';,/ 'J. , '/) ( ..~'/'~ ~ /JJ.:.'d1d-" .:: .' . 1/)' !,,/, ,( .l (0 LA', { . 'IU"If' <to ,'yJ ;/V ... '.~-'~~.5~t'!f""/> IlANIEI. I.. SMYSEH, PJ.,\INTlFF : IN TilE ('Ol/In OF ('OMMON I'I.EAS OF : ('U:\IIIEHI.ANII ('OllNn', I'ENNSYI.\' ANIA \', : NO, IIN - ., /I, ,; CIVIl. TEH~I DENISE A. SM\'SEH, IlEFENllANT : ('IVII. A(,TJON - ('USTOIlY COMPLAINT IN CUSTODY AND NOW, comes the Plaintiff: Daniel L. Smyser. by and through his allomeys, IRWIN, McKNIGHT & HUGHES, and liles this Complaint in Custody making the lollowing statement: I. The Plaintiff is Daniel L. Smyser, an adult individual currently residing at 50 Bonnybrook Road, No. 48, Carlisle, Pennsylvania 17013. 2. The Defendant is Denise A. Smyser, an adult individual residing at 163 East Louther Street, Carlisle, Pennsylvania 17013. 3. The parties arc the natural parents of three (3) minor children, namely Rayann L. Smyser, bom April 5, 1989, and Chynna M. Smyser, bom October 31, 1991, and Shelby L. Smyser, bom December 6, 1992. 4. The parties separated on or about February 12, 1998. S. Sin(e !'ehrllary. 1')'iS, Ih( parlies hale shared le~i11 (lIslody and, periods or physkal ellslody or Ihe minor children. wilh ellslody allernalin~ h.'I\\'e(n Ihe parlks upon oral IIgreemenl. 6. The Plainliff: Daniell.. Smyser, seeks primary ellslody or ",Ilowing children: Name Present nl'sldcnce A~e Raymm L. Smyser 50 Bonnyhrook Road, II 4S <) yrs, Carlisle, Pennsylvania 17013 Chynna M. Smyser SO Bonnybrook /load, 114S 7 yrs. Carlisle, Pennsylvania 17013 Shelby L. Smyser 50 Bonnybrook Road, 1/ 48 5 yrs. Carlisle, Pellnsylvania 17013 7. The children were born orlhe marriage between Daniel L. Smyser and Denise A. Smyser. 8. The ehildrcn arc prescntly in the custody of Ihe Plaintiff. Daniel L. Smyser, who residp.s at 50 Bonnybrook Road, 1/ 48, Carlisle, Pcnnsylvania 17013. 9. During Ihe past five years, thc children have resided with the following persons and at the following addresses: Name Residence Dates Daniel L. Smyser and Denise A. Smyser 84A West Main Street New Kingstown, Penna 4/89 - 6/92 Daniel L. Smyser and Denise A. Smyser 163 East Louther Street Carlisle, Pennsylvania 6/92 - 10/1/98 Daniel L. Smyser 50 Bonnybrook Road, 1/ 48 Carlisle, Pcnnsylvania 10/1/98 - Present J 7. Each parcnt who". parcntal riglns 10 thc minor childrcn haI'C not hccn tcnninalcd and Ihe person who has physical cllslody of Ihe childrcn have heen namcd as parties 10 Ihis 'Iction, 18. The Plaintiff has nllmerolls concerns regarding Ihe care of Ihc minor children while they arc in Ihe physical cllslody of Ihe Defendant, including bUI notlimitcd 10 Ihe lack of supervision and controllhe DefCndant has over the minor children, the home environmenl which the children to which Ihe children arc suhject, and the lIse by the Defendant of prohibited substances while the children arc in thc care ofthc Dcfendant. 19. The Plaintiff bclievcs and thcrcfore avers that it is within Ihe best inlerest of the minor children that he have primary physical custody of them, with periods of partial physical custody to the Defendant. WHEREFORE, the plaintiff: Daniel L. Smyser, respectfully requests that he be granted primary physical custody of the minor children. Respectfully submitted, IRWIN, McKNIGHT & HUGHES e!: anld..' eArment, EsqUIre 60 Wes Pomfret Street Carlisle, P A 17013 717-249-2353 Supreme Court J.D. No: 77946 Dated: October 7, 1998 Attorney for the Plaintiff Daniel L. Smyser I>ANIEL L. SMYSEI{, Petitioner : IN TilE COlJRT OJ' COMMON PLEAS OF : CUi\I8ERI.ANI> COUNTY, I'ENNSYI.V ANIA \'. CIVIL ACTION - LA W 911-5769 CIVIl. TERM DENISE A. SMYSER, Respondent IN CUSTODY ORDER OF COURT ~ AND NOW, this If" day of October 1998, upon consideration oflhis Petition for Special Relict: tUAlfWfR1) pi ;111"' J 1,1.)Ji'ul ':'t1.,t~,~I)' ;;0> lu,;II.;by glillllcd LV (h~ l'l,;ddUllcr. R"""'pVlld....lI~ ~Ililll \;ujuy pcdods 01 cuswoy as me panics ugrcc IS approplhm;. /\. III\,;UIIIIl:; is ~",I,lduh;'d LV dl.:Ll,;lIl1ilU; du; I:,~uc uJ cuslOdy bCl\\oCCIIlhc pallles us lolltJws" -the Court sets this mallerfor hearing on_ C>~ I 7' , 1998, at ll: Ud m. in Courtroom # S, Cumberland County Courthouse, Carlisle, Pennsylvania By the Court, J. 4. Pctitioncr is unaware of any prior custody proceedings which may be pending in relation to the parties and thc minor children. S. The pat1ies were married on September 17. 19S8. 6. On or about Febntary 12. 1998. thc partics separatcd, with Ihc Respondcnt remaining in the marital rcsidcnec ami retaining primary physical custody of the minor ehildrcn at that timc. 7. Following the pm1ics' scparation. the Pctitioncr cnjoyed period of partial custody with the children as the parties orally agrccd. 8. Bcginning in late June or early July. 1998, the Rcspondent began to unreasonably refuse Petitioner access to the children and consistently tenninatcd telephone calls as soon as the Respondent recognized thc Petitioner's voice. 3 VEI{IFlCATION Thc 1l1rcgoing Pctition lilr Special Relief is hased Upon inllml1ation which has heen gathercd hy my counsel and me in the prcparation of this action. I have read the statemcnts made in this document. and it is tnle and eorrcct to the hcst of my knowlcdge, in/im1Huion and heliet: I understand that tillse statcmcnts hcrein made arc suhjcct to thc penalties of 18 Pa.C.S.A. Section 4904, relating to unswOnJ t(llsilicationlO authoritics. " j// /- .!-'~L-/~~--~,~- /~ DANIEL L. SMYSER Datc: f,'I.~k" .LJ!....1998 CERTIFICATE OF SERVICE I, Daniel W. DeAnnenl, do herehy certify that I al11this day serving a tnle and correct eopy of the t(ll'egoing document upon the person, and in the manner indicated helow, which serviee satisfies the requirements oflhe Pennsylvania Rules of Civil Procedure, by depositing the same with the United Slales Post Ofliee in Carlisle, Pennsylvania, postage prepaid, first class mail and addressed as f()l\ows: James K. Jones, Esquire Attorney I(lr Respondent 7 Irvine Row Carlisle, PA 17013 IRWIN, McKNIGHT & HUGHES Date: October 14, 1998 /( . /' ,,........ ~..._, .:. -t;:',,- \. ---"'_..'- / Dani W. DeArment, Esquire 60 West Pomfret Street Curl isle, PA 17013 717-249-2353 Supreme Court I.D. #: 77946 Attorney for Petitioner ~/ D^NIEI.I.. SMYSER. Plaintiff IN IIIH '(Jllln (JFf 'oMM(JN PI.I:^S OF ('lIMIlI.I{I,ANI> ('( JlIN IY. I'I'NNSYI.V ANIA v. NO, 'IX.5711<J ('IVll.lI:RM DENISE ^' SMYSER. Defendant CIVIL ^CTlON . CUSTODY 1'.EIlllONJ:1)ltSl'R'1i\LRELlEE ^ND NOW. comes Delendant Denise ^. Smyser. Ihrough her attorney James K. Jones. Esquire. and brings this l'dilion /ilr Special Reliel: a sWlemenl of whieh tollows: I. In February. 199X. the above parties sepamted and the three children involved in this matter remained in the primary physical custody of Mother. 2. From July. 1998 through Oetobcr. I <J98. Father did not visit with the three minor children. 3. On October I. 1998. after a domestic incident with Mother's former boyfriend. officers from the Carlisle Police Department insisted that Mother turn over custody of the minor children to Father or to Cumberland County Children and Youth Services for a temporary period of time. Under the circumstances. Mother chose to give temporary custody to Father. 4. Since that time. Falher has refused to return the children to Mother, 5. Father filed the above action to obtain primary physical custody of the children. 6. To permit Father to relain custody in this matter would be detrimental to the welfare of the children for the following reasons: a. Mother has been the primary caretaker for the children since their respective births; b. Father has refused to permit the children to participate in extracurricular activities at their school since laking custody; ') , /~. --d"('_--;:; James~Jones, Esquin(.-- Attofrlcy for Defendaflt 7 Irvine Row Carlisle, PA 17013-3049 (717) 240-0296 -~ . " c. continucd custody with Fathcr will rcquirc thc childrcnlo hc transfcrrcd lromthcir school to a ncw school district; d. thc childrcn's counselor Dchorah I.. Snclson, M.A. bclicvcs Illrlher separation from their Mothcr is delrimentallo the children's welfare. as indicated by hcr lcttcr dalcd Octohcr 9. 1998. a copy of which is attachcd hcrclo and madc a parI hercof. 7. Fathcr is nol in agrcClI1cJ1l with lhc rclicfrcqucstcd in this mattcr. WHEREFORE. Plainliff rcqucsts this court 10 schedule an expedited hearing in lhe matter and to thereafter award temporary custody to Mother pending resolution of the abovc action, Respectfully submittcd, Deborah L. Snelson, M.A. LICENSED PSYCHOLOGIST 49 Brookwood Avenue, Carlisle, PA 17013 717-249-1033 Octobor 9, 1998 To Whom It May Concern: Ms. Denise Smyser was first seen in my office on March 18. 1997. Her initial therapy sessions addressed dealing with the marital dysfunction. Marriage therapy with her husband, Dan, did not decrease conflict and resolve the long standing issues that were at the core of the marriage. They had a brief separation, during June of 1997. The final separation, leading toward divorce Occurred February 1998. She made every effort to save her marriage and to provide a positive home life for her children. There was no evidence that would question her parenting. Denise participated in individual psychotherapy, during the stressful time of cohabitation and also throughout both separations. She was concerned about dealing appropriately with separation and the lack of cooperation from her husband. Desiring to provide healthy parenting in a stable loving environment. she displayed significant motivation and cooperation to reach her therapeutic goals. Family therapy was indicated after Dan had been absent from the home for several months. The girls spontaneously shared feelings and information about their Contacts with their father. These statements and symptomatic home behaviors created significant concern about their emotional well being. Continued family therapy and parental counseling were indicated. It is recommended that the current living situation of these children be immediately addressed and that they resume family therapy. The separation from their mother, who has been a stable figure, providing consistent care can be detrimental to the welfare of these children. She has been the key figure In their lives. After the past family turmoil, they need to be protected from further chaos and emotional stress. Respectfully, ~~fl~ " .. -',~"-:, - " "'~, . .. . -. II.IL~W~;:':'t~~.:,.,:, ' JA.I~~L:. :'\ ';:2:::',-". -_ .-- -:.:-.:... .-.' _.'. .-~:--.,---,_., -,---"'. .. ,..., , : . ' ,".~:::,: . ; ;q . ':'~,~~ ~',.'". . , ,.'," '}':;i:"',':" :'... "...,.'<,.".".':' '.T- "'::"':' " ' .. -'l;<::;i, .;,:,; .,.,'.' "", :.'...:",~:,}"'"'' 4';,,":' ;\L ." , ":',:':::.;).:':',g""',:,'('>;,: ;>':;!," " . ,,,....,'. ' :: "::;,,, ." . "" . ' .',' , .' '.\.. : '. ,i,::.. .:.,.:,:: ,;;':,<'::}..::c.::, , "" , , ., ,. ~ ..'.. ;;'(>.",,,';:,,;'. .:' ' . , ' ',.. ';::,,';, .' ;., ~!, ~;':::::, ,,;.:;, . ':",;."':;' .. 'i ".,,':;'; .',' I"~"~ " .",. ' ,",',:, '\<' '" , " ",,:><.,', \'; ;:;i,'; " ' _ " " "~' ~3 I, ::::;;"':-""":"'~!: ',1:1 .....;i';," ".""\"':.>~:'; ):::,:\>.;:;;:;:" .'; "".: ,.., :~'t;;}: 'f ,.. ::;@"?:~ ).' ;Y" iU" ',i:"", '. ,}:;:';:.,;:::::, ". Xi,; '.' ,,';,:'c':'" .,,:':<,;.: '<;'i;':' :'\.;:; ,< \: ;,,<.,:::~t !::/,': '::';"<~."':':".":', '.:: :'.;;' ;,::,', ":: ,:1: ::".' .,:.>:;,::."::, ;'. '\""";'" "', . ," :~:~~, '",: . ~;;r:/;, .' ,"'; :;:: ":,' :'C') , .' "',', ,..',,;: ',""..\,:; "'. '. .' ,'" ':"".. '" ',' " .: ," ....,,',"':'. ".' ':':',' .. ',',' , " ", ,',',"': ;'<'." " ',' ',':, ">',.' '. " ".";:. "":::?:'. . , ,,'....;,': (;/', ",., ,..,.. "... ", .::",;'; .' :"'" p". ,:,,', ,,','" ..". )"Y, I, .' '.J,':,', .", .",;..",':,;,....,:: ,.' ,0, " '. , {! , ':.. \: I j' , '\ .. .\,i' I. ig . f " ) " ! J ) \, I , , \ , / ~ DANIEL L. SMYSER, Plaintiff IN TilE OOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-5769 CIVIL TERM CIVIL ACTION - LAW DENISE A. SMYSER, Defendant IN COS1'ODY ORDER OF COORT ~,.J day of Custody f~ , 1999, upon Conciliation Report, it is ordered AND NCM, this consideration of the attached and directed as follows: 1. pending further Order of Court or agreement of the parties, the prior Order of this Court dated October 19, 1998 shall continue in effect. 2. The parties shall submit themselves, their minor Children, and any other individual deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain professional recorrmendations with respect to custody arrangements which would be in the Children's best interests. The parties shall each be responsible to pay one-half of the evaluation costs. 3. After completion of the evaluation, and in the event the parties are not at that time able to reach an agreement as to ongoing custody arrangements, counsel for either party may contact the Conciliator to schedule an additional custody Conciliation Conference. Edward E. Guido, J. cc: Daniel W. DeArment, Esquire - Counsel for Father James K. Jones, Esquire - Counsel for Mother - ~'" /}O'l.~ut .2.J:../qq. A. -8. ~,' .' "