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HomeMy WebLinkAbout03-6503SHAWN M. SMELTZ, PLAINTIFF VS. TAMMY JO MCKINNEY, DEFENDANT IN ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O -/..5eO CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, SHAWN M. SEMLTZ, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Father") is SHAWN M. SMELTZ, who currently resides at 4 Wheatland Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant (hereinafter sometimes referred to as "Mother") is TAMMY JO MCK1NNEY, whose current residence is believed to be with James Tschody and mail should be sent in cdo James Tschody, 138 South Locust Street, Camp Hill, Cumberland County, Pennsylvania, 17011. Name SHAWN MICHAEL SEMLTZ, JR. Present Residence 4 Wheatland Drive Mechaniesburg, PA The child was born out of wedlock. Plaintiff seeks Full Legal and Primary Physical Custody of the following child: Date of Birth November 20, 2003 5. The child is presently in the custody of the Plaintiff, who resides at 4 Wheatland Drive, Mechaniesburg, Cumberland County, Pennsylvania, 17050. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS Plaintiff and Defendant ADDRESS DATES November 2003 Defendant Plaintiff 801 Sand Bark Road, Lot #12 Mount Holly Springs PA 4 Wheatland Drive Mechanicsburg, PA December 1 to 5 December 5 to Present 7. The Mother of the child is the Defendant, Tammy Jo McKinney, who currently resides with James Tschody at 138 South Locust Street, Camp Hill, Cumberland County, Pennsylvania, 1701 I. The Mother is single. 8. The Father of the child is the Plaintiff, Shawn M. Smeltz, who currently resides at 4 Woodland Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Father is single. 9. The relationship of the Plaintiff, Shawn M. Smeltz, to the child is that of the Natural Father. Father currently resides with the child. 10. The relationship of the Defendant, Tammy Jo McKinney, to the child is that of the Natural Mother. Mother currently resides with James Tschody. 11. The 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. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 13. Plaintiffhas no information ora custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Mother has physically left the child; B. Mother has a history of psychological and physical problems and was hospitalized within the past few weeks for attempted suicide; C. Mother was being investigated and monitored by Cumberland County Children and Youth for child abuse and neglect; D. Father loves his son and wants a safe and stable environment for his son; E. Father resides with his Mother and Father, Mr. and Mrs. Robert Smeltz, who can assist Father in providing the child with a safe, stable and loving environment. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, SHAWN M. SMELTZ, requests this Honorable Court award him FULL LEGAL and PRIMARY PHYSICAL CUSTODY of the minor child, SHAWN MICHAEL SMELTZ, JR. and the Defendant, TAMMY JO MCKINNEY, Supervised Visitation with the child, SHAWN MICHAEL SMELTZ, JR. Dated: December ~f~ 2003 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Counsel for Plaintiff // PA I.D. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are tree and correct to the best of his knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C,S.A. §4904 relating to unswom falsification to authorities. DATED: r: ~ SHAWN M. SMELTZ PLAINTIFF V. TAMMY JO MCKINNEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6503 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Tuesday, January 20, 2004 at I: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 de£me and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may a/so be present at the conference. Failure to appear at the conference may provide grounds tbr entry of a temporary or permanent order. The court hereby directs the parties to furnish any and ali 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/ Dawn S. Sunday, 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 TIlE 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 7003 3110 0000 7773 SHAWN M. SMELTZ, Plaintiff VS. TAMMY JO MCKINNEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6503 CiVIL ACTION LAW JAN 2 3 2004 IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ~qOk day of ~ , 2004, upon consideration of the attached Custody Conciliation Re~ort, it is or0~red and directed as follows: 1. The Father shall have primary physical custody of Shawn Michael Smeltz, Jr., bom November 20, 2003. 2. The Mother shall have periods of visitation at the patemal grandparents' residence in Mechanicsburg every Sunday from 12:00 noon until 2:00 pm. During the Mother's periods of visitation, only the parties shall be present, with the Father refraining from interfering or actively participating in the Mother's interaction with the Child. 3. This Order is entered without prejudice to either party's position on custody at the Conciliation Conference which shall be scheduled at such time as the Mother obtains legal counsel. / cc:/Susan K. Candiello, Esquire - Counsel for Father ~/Tammy Jo McKinney, Mother SHAWN M. SMELTZ, Plaintiff VS. TAMMY JO MCKINNEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6503 CIVIL ACTION LAW : 1NCUSTODY 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 conceming the Child who is the subject of this litigation is as follows: NAlVIE DATE OF BIRTH CURRENTLY IN CUSTODY OF Shawn Michael Smeltz, Jr. 11/20/03 Father 2. A Conciliation Conference was held on January 20, 2004, with the following individuals in attendance: The Father, Shawn M. Smeltz, with his counsel, Susan K. Candiello, Esquire, and the Mother, Tammy Jo McKinney, who was not represented at the conference. 3. It should be noted that the Mother's counsel in a related matter, Lisa Greason, Esquire, notified the conciliator by letter on the date of the conference of her belief that the Mother may not be able to represent herself or make decisions on her own behalf at this time and requested that the conciliator contact her by telephone during the conference. By telephone during the conference, Lisa Greason reiterated her concern and requested that the Mother be permitted to obtain counsel before proceeding with the conciliation conference. The Mother agreed that she was unable to participate in the conference without the assistance of counsel and, with the consent of the Father's counsel, it was agreed that the conference would be rescheduled at such time as the Mother obtained legal counsel. 3. The Child who is involved in this matter is a two-month old infant. The Child was bom on November 20, 2003, the parties separated on December 1, and the Child has resided with the Father since December 5. Children and Youth Services have been involved in this matter. Recognizing the concerns about the Mother's ability to make decisions on her own behalf, the parties did express an agreement at the conference to a temporary Order, without prejudice to either party at the rescheduled conference, providing for the Child to continue residing with the Father and for the Mother to have contact with the Child on a regular basis. 4. The parties agreed to entry of a temporary interim Order in the form as attached pending rescheduling of the Conciliation Conference when the Mother obtains counsel. Date · Dawn S. Sunday, Esquire" Custody Conciliator