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HomeMy WebLinkAbout03-3406MISTY L. TOLLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. WAYNE E. SMITH, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA .. CIVIL ACTION - LAW : 0 5 ~ 3 ¥o 6 CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Misty L. Tolley, by her attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody. The Plaintiff, Misty L. Tolley, is an adult individual with an address ofP. O. Box 115, Mount Holly Springs, Cumberland County, Pennsylvania 17065. The Defendant, Wayne E. Smith, is an adult individual with an address of 1310 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. The parties are the natural parents of one (1) child, :namely, Taylor R. Smith, born December 4, 1998. The Plaintiff desires that the parties have shared legal custody of the minor child, Taylor R. Smith. The Plaintiff desires primary physical custody of the minor child, Taylor R. Smith, with periods of temporary physical custody to Defendant as follows: A. Every Wednesday from 5:00 p.m. to 8:00 p.m. B. Every Sunday from 10:00 a.m. to 8:00 p.m. C. Major Holidays from 2:00 p.m. to 8:00 p.m. as fi)llows: 1. Easter 2. Memorial Day 3. July 4 4. Labor Day 5. Thanksgiving 6. Christmas D. If Plaintiff/Mother schedules vacation with the minor child during one of the above-listed periods of temporary custody, she desires to have primary custody during that period of time. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Misty L. Tolley, respectfully requests that she be awarded primary physical custody and shared legal custody of Taylor R. Smith, as provided herein, with periods of temporary physical custody to Defendant as provided herein. Date: July 16, 2003 By: Respectfully submitted, IRWIN, McKNIGHT & HUGHES AMt ~Crn~y~r~~uire 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 VERIHCATION The foregoing Complaint for Custody is based upon intbrmation which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. 'MI~T9 L~. TOLLEY Date: July 16, 2003 MISTY L. TOLLEY PLAINTIFF V. WAYNE E. SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-3406 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, July 18, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 19, 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 ~esent 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearing. FOR TIlE COURT, By: /s/ facqueline M. Verney, 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 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 MISTY L. TOLLEY, Plaintiff VS. WAYNE E. SMITH, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : CIVIL TERM O:~- 3~O6' : IN CUSTODY PRELIMINARY OBJECTIONS AND NOW, comes Defendant, Wayne E. Smith, by and through his counsel, Bradley L. Griffie, Esquire, and the law firm of GRIFFIE & ASSOCIATES and files the following preliminary objections: Plaintiff filed a Complaint for Custody in the above-captioned matter on July 16, 2003. The Complaint for Custody fails to comply with the Pennsylvania Rules of Civil Procedure, and in particular fails to comply with the directions of the Pennsylvania Rules of Civil Procedure No. 1915.3 and 1915.15. The Complaint for Custody fails to give sufficient verified factual evidence to determine the proper jurisdiction, the proper parties involved, the current circumstances of the parties' residence, the history of the child's residences and parties with whom the child has resided since birth~ or for the past five (5) years, and otherwise fails to provide appropriate information. WHEREFORE, Defendant Complaint for Custody. requests your Honorable Court to dismiss Plaintiff's Respectfully submitted, '7/~5 ,/53 Date Bradle~Lfl~nffie, Es~tuire Attorney fovJ Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (801)) 347-5552 MISTY L. TOLLEY, Plaintiff VS. WAYNE E. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, 'the ZS~day of July, 2003, cause a copy of Defendant's Preliminary Objections to be served upon Plaintiff's attorney of record by facsimile and first class mail, postage prepaid at the following addresses: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 DATE: Bra~l~y,~. Griffie, L%-quire Attorndyjbr Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243.-5551 (800)347-5552 hlAR u 9 2004 MISTY L. TOLLEY, Plaintiff V. WAYNE E. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-3406 CIVIL TERM -_ : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 9th day of March, 2004, this matter having been generally continued since August 27, 2003 and not hearing from counsel to schedule the matter, the Conciliator hereby relinquishes jurisdiction in this matter. FORTHECOURT, ~/acql~line M. Vemey, Esquire, Cus~tdy Conciliato