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HomeMy WebLinkAbout03-3067GLENN A. SMITH, II, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: Oa -30(07 /? l..iL,EA'n CIVIL ACTION - LAW MELANIE L. SMITH, Defendant. IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Glenn A. Smith, H, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Complaint in Custody: 1. The Plaintiff, Glenn A. Smith, H, is an adult individual currently residing at 1805 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Melanie L. Smith, is an adult individual currently residing at 174 Ashford Drive, Enola, Cumberland County, Pennsylvania. 3. The parties were married on or about May 9, 1992, in Camp Hill, Cumberland County, Pennsylvania. 4. The parties were divorced on or about April 30, 2003, at Docket Number 6091 Civil 2002, in the Court of Common Pleas of Cumberland County. 5. The Plaintiff and Defendant are the natural parents of two children, Austin, bom March 13, 1996, and Lindsay, bom May 19, 1998. 6. Both children were born during wedlock. 7. In the last five (5) years, the children have resided at the following addresses with the following persons: A. From the birth of the children until January 1, 2003, with the Plaintiff and Defendant at the address contained in paragraph 1 above; B. From January 1, 2003, to the present, the parties shared physical custody of the children, with the children, during the periods with the Plaintiff, being at the address in contained in paragraph 1 above, and during the periods of time with the Defendant, at the address contained in paragraph 2 above. 8. The parties have undergone a shared physical and shared custodial arrangement with the children since January 1, 2003. 9. Recently, Defendant has indicated to the Plaintiff that she does not intend to abide by the understanding of the parties, and abide by the shared physical -2- custody arrangement necessitating the filing of this Complaint to confirm the custodial arrangement by and between the parties. 10. Plaintiff believes and therefore avers that it is in the best interest of the children to provide shared legal custody to each of the parties, and continue to share the physical custody arrangement that the parties have enjoyed as he believes that both parties are able to take care of the welfare and the general well-being of the children, and it is in the best interests of the children to continue with the shared physical custody arrangement. 11. Plaintiff knows of no other person asserting rights of custody or partial custody of the children. -3- WHEREFORE, Plaintiff prays this Honorable Court to grant an Order setting for a shared legal custody Order between the parties and confirm the shared physical custody arrangement that the parties now enjoy. Respectfully submitted, Mancke, Wagner & Spreha By P. c aid Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: ?lla3 -a- VERIFICATION I verify that the statements made 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. Section 4904, relating to unsworn falsification to authorities. DATE; c c; C,) Az LO `? "C N /ti lT7 GLENN A. SMITH, II IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3067 CIVIL ACTION LAW MELANIE L. SMITH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 02, 2003 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 301 Market Street Lemoyne PA 17043 on Tuesday, August 05, 2003 at 8:30 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. 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 hearing. FOR THE COURT, By: /s/ Melissa P r T &q v 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 blNk??IU?SNN?,i AUf f 12003 GLENN A. SMITH, II, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3067 CIVIL TERM V. CIVIL ACTION - LAW MELANIE L. SMITH, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of August, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Glenn A. Smith, II and Melanie L. Smith, shall have shared legal custody of the minor children, Austin Smith, born March 13, 1996, and Lindsay Smith, born May 19, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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 regard to the minor children. 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 records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. The parents will continue their practice of sharing physical custody of the children in accordance with the following schedule: A. Effective August 8, 2003, on alternating weekends, Mother will have custody from Friday evening until Monday morning. B. Effective August 15, 2003, on alternating weekends, Father will have custody from Friday evening until Monday morning. VIIN AIASNN?,? tTI :?; p5 J?ls'? NO. 03-3067 CIVIL TERM C. Each week Father will have custody on Monday and Wednesday, overnight until the following morning. D. Each week Mother will have custody on Tuesday and Thursday, overnight until the following morning. 3. Vacation. Each party shall be entitled to one (1) week vacation each year. The parties shall provide each other with at least thirty (30) days notice of their intended vacation plans. In the event that the parties have scheduled conflicting or overlapping vacation times, the parent first providing written notice to the other parent shall have choice of the vacation time. Father shall have vacation from December 29, 2003 through January 2, 2004. 4. Holidays. The parties shall share time with the children on each holiday and will work out the specific details of their arrangement by mutual agreement. 5. This Order is entered based on the parents' agreement that this parenting arrangement is in the best interest of the children at this time. BY THE COURT: 611L J. Dist: P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 03 Richard S. Friedman, Esquire, PO Box 984, Harrisburg, PA 17108 GLENN A. SMITH, Il, Plaintiff V. MELANIE L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3067 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Austin Smith March 13, 1996 Mother and Father Lindsay Smith May 19, 1998 Mother and Father 2. A Custody Conciliation Conference was held on August 5, 2003 following Father's filing of a Complaint for Custody on June 27, 2003. Present for the conference were: the Father, Glenn A. Smith, Il, and his counsel, P. Richard Wagner, Esquire; the Mother, Melanie L. Smith, and her counsel, Richard S. Friedman, Esquire. 3. The parties reached an agreement with regard to the custody of their children which they believe to be in the best interest of their children based on the circumstances as they exist at present. The parties acknowledge that they may need to make adjustments to the schedule upon Mother's graduation from nursing s?4iool?and her return to work as a nurse. Date Melissa Peel Greevy, Custody Conciliator :216737 C i?J! t: ZG(Q ''' 2 3 ?, a . ? Ai;", 1 i P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Plaintiff GLENN A. SMITH, Plaintiff/Petitibner, V. MELANIE SMITH, Defendant/Respondent. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-3067 : CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION AND NOW, comes the Petitioner, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Petition For Modification: 1. Your Petitioner, Glenn A. Smith, is an adult individual residing at 1805 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent, Melanie L. Smith, is an adult individual residing at 5510 Silver Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two (2) children, Glenn A. Smith, born March 13, 1996, and Lindsay N. Smith, born May 19, 1998. 4. Both children were born during wedlock. ?0.00 Pa A fd I? C?`? loo(o? ?a393? 5. Petitioner is the natural father of the aforementioned children, and Respondent is the natural mother of the aforementioned children. 6. The parties have been subject to a Court Order dated August 12, 2003, a copy of which is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 7. According to that Court Order, the parties have shared legal and shared physical custody of the children. 8. For approximately the last two (2) years, the parties have not been following the shared physical custody Order, and in fact, Respondent is exercising an evening or two per week and every other weekend from (Friday to Sunday. 9. The Petitioner herein is desirous of modifying the Court Order to reflect the actual schedule that has been followed in the last two (2) years. 10. Petitioner believes and therefore avers that it is in the best interests of the children to establish an Order consistent w?th the actual schedule followed by the parties. -2- WHEREFORE, the prays this Court to grant relief as requested. Respectfully Submitted, Mancke, Wagner & Spreha er, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 Attorneys For Petitioner Date: `p ?p -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false stateme s herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn to authorities. Date: I v ?L?? ? ll , AU 1 1 2003 GLENN A. SMITH, II, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 03-3067 CIVIL TERM V. CIVIL ACTION - LAW MELANIE L. SMITH, IN CUSTODY ORDER OF COURT AND NOW, this. Custody Conciliation Su ?'' day of August, 2003, upon consideration of the attached y -Report, it is hereby ordered and directed as follows: 1. Legal Custody. have shared legal custody o Lindsay Smith, born May 19, jointly with the other parent children's general well-being i education and religion. Pur entitled to all records and info medical, dental, religious or s other parent. To the extent c that parent shall be required within such reasonable time the other parent. Both pares medical/treatment planning r Each parent shall be entitled teacher or authority and copi limited to: medical records, records or report cards. Add notices which come from extracurricular activities, child the like. 2. Physical CL custody of the children in A. Effective have custody from Fri( The parties, Glenn A. Smith, 11 and Melanie L. Smith, shall the minor children, Austin Smith, born March 13, 1996, and 1998. Each parent shall have an equal right, to be exercised to make all major non-emergency decisions affecting the icluding, but not limited to, all decisions regarding their health, >uant to the terms of Pa.C.S. §5309, each parent shall be rmation pertaining to the children including, but not limited to, :hoot records, the residence address of the children and of the ne parent has possession of any such records or information, to share the same, or copies thereof, with the other parent s to make the records and information of reasonable use to is shall be entitled to full participation in all educational and eetings and evaluations with regard to the minor children. to full and complete information from any physician, dentist, s of any reports given to them as parents including, but not irth certificates, school or educational records, attendance tonally, each parent shall be entitled to receive copies of any school with regard to school pictures, IEP meetings, n's parties, musical presentations, back-to-school night, and The parents will continue their practice of sharing physical ance with the following schedule: gust 8, 2003, on alternating weekends, Mother will evening until Monday morning. B. Effective August 15, 2003, on alternating weekends, Father will have custody from Friday evening until Monday morning. NO. 03-3067 CIVIL TERM C. Each Week Father will have custody on Monday and Wednesday, overnigt until the following morning. D. Each week Mother will have custody on Tuesday and Thursday, overnight until the foll wing morning. 3. Vacation. Ea h party shall be entitled to one (1) week vacation each year. The parties shall provide a ch other with at least thirty (30) days notice of their intended vacation plans. In the eve t that the parties have scheduled conflicting or overlapping vacation times, the parent fir t providing written notice to the other parent shall have choice of the vacation time. Father shall have vacation from December 29, 2003 through January 2, 2004. 4. Holidays. The parties shall share time with the children on each holiday and will work out the specific details of their arrangement by mutual agreement. 5. This Order is entered based on the parents' agreement that this parenting arrangement is in the best interest of the children at this time. BY THE COURT: Is/ Q, J. Dist: P. Richard Wagner, Esquire, 2: Richard S. Friedman, Esquire, North Front Street, Harrisburg, PA 17110 Box 984, Harrisburg, PA 17108 TP- U COPY FROM RECORD In 7i,-,AItivny Whereof, I mare Unto s;,A my haitd ?ile seal of said Court at Cir r , Pa. ?i a,3 Al Y of o2llA3 prothonctarr GLENN A. SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYI..,VANIA V. MELANIE SMITH DF 1` .NDANT 2003-3067 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 24, 2010 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 Count _ Courthouse, Carlisle on Thursday, May 06, 2010 at 10:30 AM for a Pre-I-learing 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: lsl john , Mandan,. jrL 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 FORTII 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 OF THc PPOTHONOTARY 2010 MAR 2S PM !: 07 CUB E =;; w, „y: C r )t;NTY PENINSYCONIA 3?as? to Cup. c.c,P? mc,.;\ eA o ?J atic.e ma;\ed 4-0 3•a5-to CCOU5 'iced in 41-114 MOL-n??-3 . s GLENN A. SMITH, Plaintiff v. MELANIE SMITH, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3067 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this _ day of May 2010, upon consideration of the Conciliation Report, it is Ordered and Directed as follows: I U n ~ q ,.__ o ~~ fif ' --t T ` 'T. T, ..t I il ` , w ~ .~./ l~ f^k . t, ... '~ =:~ =,., C_3 F ~. ~... .~ ~'` w All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Glenn A. Smith, and the Mother, Melanie Smith, shall have shared legal custody of Glenn Austin Smith, born 03/13/1996 and Lindsay N. Smith, born 05/19/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows: a. During the school year, Mother shall have physical custody on alternating weekends from after school Friday until 7:00 pm on Sunday. Additionally, Mother shall have physical custody of the Children every Tuesday andlor Thursday from after school until 8:30 pm. b. During the summertime, Mother shall have physical custody of the Children on alternating weekends from Friday 5:00 pm until Sunday 7:00 pm. Additionally, Mother shall have physical custody of the Children every Wednesday from after Mother's work until Thursday 8:30 pm. c. The non-custodial parent shall pick up the Children. d. Mother shall have physical custody of the Children at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone/email/text contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 6. Vacation: Each parent shall have vacation time with the Children as mutually agreed upon. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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 Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, J. D' tribution: hard Wagner, Esquire /1~Ielanie Smith, 5510 Silver Creek Drive, Mechanicsburg, PA 17050 ~hn J. Mangan, Esquire A ~`~~ ~~~ S~! 3~lv GLENN A. SMITH, Plaintiff v. MELANIE SMITH, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3067 CNIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Glenn A. Smith 03/13/1996 Primary Father Lindsay N. Smith 05/19/1998 Primary Father 2. A Conciliation Conference was held with regard to this matter on May 06, 2010 with the following individuals in attendance: The Mother, Melanie Smith, self-represented party did not appear The Father, Glenn A. Smith, with his counsel, Richard Wagner, Esq. 3. The undersigned recommends the entry of an Order in the form as attached. Date John M gan, Esqui Cust dy onciliator