Loading...
HomeMy WebLinkAbout08-1718Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGO E. LALLY, Plaintiff No. V. CIVIL ACTION - LAW ELIZABETH L. SHUNK and DANIEL J. SMITH, Defendants (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint for Custody and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717)249-3166 Date: 11w) 11, Zone) DALEY ZU KER MEILTON rR & GINGRI C By: n eay Gin ay, squire upreme Co # 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff NOTICIA Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una Orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 Date: Mt4i ' , 1 ?' 2006 DALEY ZUCKER MEILTO MINER & GINGRICH, LLC By. 41 i -yg in jinVay ch h aclay, Esq r Supreme Court ID # 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 1maclayAd7mmglaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGO E. LALLY, Plaintiff V. ELIZABETH L. SHUNK and DANIEL J. SMITH, Defendants No. 0 ?' C ; v? f eta CIVIL ACTION - LAW (In Custody) COMPLAINT FOR CUSTODY AND NOW, this day of March, 2008, comes Plaintiff, Margo E. Lally, by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files the following Complaint for Custody and in support thereof avers as follows: 1. Plaintiff, Margo E. Lally, an adult individual, is the maternal grandmother of two (2) minor children, namely, Lydia Kieran Lally Smith, whose date of birth is April 1, 2003 and Asher Kylor Smith, whose date of birth is December 24, 1998 (hereinafter collectively referred to as the "Children"). 2. Defendant, Elizabeth L. Shunk (hereinafter "Mother"), an adult individual who resides at 19 Dartmouth Court, Mechanicsburg, Pennsylvania, is the natural mother of the Children. 3. Defendant, Daniel J. Smith (hereinafter "Father"), an adult individual whose current address is believed to be 1513 Market Street, Camp Hill, Pennsylvania, is the natural father of the Children. 4. Contrary to the June 27, 2006 Interim Order of Court entered with regard to the natural parents in this matter at Docket No. 2006-24111, through involvement with Cumberland County Children and Youth, the Children are currently in the sole physical and legal custody of Father. 5. On March 7, 2008, Mother filed a Petition to Modify at Docket Number 2006- 2411. 6. Plaintiff seeks periods of partial custody with the Children since she has not been permitted to see the Children since August 2007 (when she saw the Children during one of Mother's supervised visits). 7. Plaintiff has been estranged from the Children since at least August 2007. Moreover, when Plaintiff attempted to send the Children birthday and Christmas cards, a note was sent to Plaintiff from Father's address, enclosing confidential Children and Youth paperwork and advising that the cards had been sent to the police and that Plaintiff should make no further attempts to contact the Children. 8. For the past five (5) years, the Children have resided with the following person(s) and at the following addresses: Mother & Father 28 S. Market St. Mechanicsburg, PA 8/18/00-8/31/02 Mother & Father2 Mother, Dennis & Leona Ensslin 307 E. Main St. Mechanicsburg, PA 309 E. Main St. Mechanicsburg, PA 9/1/02-10/15/05 10/16/05-11/26/05 (shared custody) This is the last and only Court Order entered to this docket number. 2 Father moved out for approximately one (1) month in July 2003 into an unknown address with a pregnant co-worker from the Olive Garden. Father 307 E. Main St. 10/16/05-11/26/05 Mechanicsburg, PA (shared custody) Father 307 E. Main St. 11/27/05-4/20/06 Mechanicsburg, PA Mother, Gary Shunk & 1660 E. Caracas Ave. 4/21/06-6/8/06 Plaintiff Hershey, PA Mother, Gary Shunk & 1660 E. Caracas Ave. 6/9/06-8/06 Plaintiff Hershey, PA (shared custody) Father 307 E. Main St. 6/9/06-8/06 Mechanicsburg, PA (shared custody) Mother, Gary Shunk & 1660 E. Caracas Ave. 8/06-12/15/06 Plaintiff Hershey, PA (Primary of Asher) (Shared with Lydia) Father 307 E. Main St. 8/06-12/15/06 Mechanicsburg, PA (Shared with Lydia) Mother & Gary Shunk 19 Dartmouth Ct. 12/15/06-4/20/07 Mechanicsburg, PA (shared custody) Father 307 E. Main St. 12/15/06-4/20/07 Mechanicsburg, PA (shared custody) Father 307 E. Main St. 4/21/07-5/07 Mechanicsburg, PA Father & Christa Gray 307 E. Main St. 5/07-?? Mechanicsburg, PA Father & Christa Gray 1513 Market St. ?? - Present Camp Hill, PA3 - F'laintitt torwarded a Freedom of Information Act form to the Post Office in Mechanicsburg in an attempt to ascertain Father's new address. 9. Plaintiff has verified that there is an on-going custody proceeding, docketed in Cumberland County, Pennsylvania at docket number 2006-2411, concerning the Children. On March 7, 2008 Defendant Mother filed a Petition for Modification of Custody at the above- referenced term and number. Plaintiff requests that this matter be consolidated with the above- referenced matter. 10. Plaintiff does not know of any other person not any party to the proceedings, besides those who have been notified by this Complaint, who has physical custody of the Children or claims to have custody or visitation rights with respect to the Children. 11. Each parent whose parental rights to the Children have not been terminated and the persons who have physical custody of the Children have been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the Children. 12. Pursuant to 23 Pa.C.S. §§5312-5313, Plaintiff has standing to bring this custody action. 13. Plaintiff desires that a custody Order be issued granting her regular and consistent periods of partial custody of the Children. 14. The Children's best interests and permanent welfare will be best served by granting the relief requested because: a) Plaintiff is the Maternal Grandmother of the Children; and b) Plaintiff has a strong bond with the Children; and C) The Children resided with Plaintiff for a period of time; and d) Defendant Father has completely alienated Plaintiff and Defendant Mother's extended family from the Children's lives; and e) Plaintiff desires that the Children maintain a relationship with Plaintiff and with Defendant Mother's extended family; and f) Regardless of any decision regarding custodial rights of Defendant Mother and/or her current husband, the Children will benefit from having continuing regular, and consistent contact with Plaintiff and Defendant Mother's extended family; and g) Plaintiff desires to maintain a relationship with the Children; and h) Plaintiff has, in the past, enjoyed the love and affection of the Children and believes having the opportunity to continue to do so - on a consistent and set schedule - is in the best interests of the Children. WHEREFORE, Plaintiff, Margo E. Lally, respectfully requests this Honorable Court consolidate this matter with the on-going custody proceeding docketed at 2006-2411 and that this Honorable Court grant her partial physical custody of the Children. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: A, Lh 10 II By: ` J ?_, V) Z-> L' ay Gin M lay, Esquire upreme Court ID # 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff VERIFICATION I, Margo E. Lally, verify that the statements made in this Complaint for Custody are true and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. Margo E. La ly, intiff 61 . 4 X/ Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 imaclay(d)dzmmglaw. corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGO E. LALLY, Plaintiff No. V. CIVIL ACTION - LAW ELIZABETH L. SHUNK and DANIEL J. SMITH, Defendants (In Custody) CERTIFICATE OF SERVICE AND NOW, this day of ?,? , 2008, I, Lindsay Gingrich Maclay, Esquire, hereby certify that I have this day served a copy of the Complaint for Custody, by mailing same by certified mail, return receipt requested, restricted delivery, and via regular U.S. Mail, addressed as follows: Daniel J. Smith 1513 Market Street Camp Hill, Pennsylvania 17011 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: i say Gi ch aclay, Esquire 1029 Scene Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclayAdzmmglaw. corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGO E. LALLY, Plaintiff No. V. CIVIL ACTION - LAW ELIZABETH L. SHUNK and DANIEL J. SMITH, Defendants (In Custody) CERTIFICATE OF SERVICE AND NOW, this day of AMttA, 2008, I, Lindsay Gingrich Maclay, Esquire, hereby certify that I have this day served a copy of the Complaint for Custody, by mailing same via regular U.S. Mail, addressed as follows: Kara W. Haggerty, Esquire ABOM & KUTULAKIs, LLP 36 South Hanover Street Carlisle, Pennsylvania 17013 Counsel of Record for Defendant Father DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: - V Ym4say ay Gi c Maclay, squire 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 lmaclayAdzmm,glaw. corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGO E. LALLY, Plaintiff No. V. CIVIL ACTION - LAW ELIZABETH L. SHUNK and DANIEL J. SMITH, Defendants (In Custody) CERTIFICATE OF SERVICE AND NOW, this 101 day of -W?,ZI th , 2008, I, Lindsay Gingrich Maclay, Esquire, hereby certify that I have this day served a copy of the Complaint for Custody, by mailing same via regular U.S. Mail, addressed as follows: Mary A. Etter Dissinger, Esquire DISSINGER & DISSINGER 28 North 32„ d Street Camp Hill, Pennsylvania 17011 Counsel of Record for Defendant Mother DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: ?Ai cl Macla squire 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff ?a <:_> C>l - 1 3 to Nt MARGO E. LALLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1718 CIVIL ACTION LAW ELIZABETH L. SHUNK AND DANIEL J. SMITH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, March 17, 2008 , 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, Mechanicsburg, PA 17055 on Tuesday, March 25, 2008 at 9:00 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. Failure to appear at the conference may provide grounds for entrv 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/ Dawn S. Sunda Es q. 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 iv, -z' ?V--Pve rtt ?!4?? t k u74rti?f ':• t r?;'i? itJ ?d L G Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay(a__)dzmmglaw.com. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGO E. LALLY, Plaintiff V. ELIZABETH L. SHUNK and DANIEL J. SMITH, Defendants No. Op- CIVIL ACTION - LAW (In Custody) ACCEPTANCE OF SERVICE I, Mary Etter Dissinger, Esquire, counsel for Defendant, Elizabeth L. Shunk, hereby accept service of the Complaint in Custody filed on March 14, 2008 in the above-referenced matter and I certify that I am authorized to do so. DISSINGER & DISSINGER Date: 3 By: Mary Etter issinger, Esquire PA Supreme Court ID No. 27736 28 N. 32nd Street Camp Hill, Pennsylvania 17011 Attorney for Defendant, Elizabeth L. Shunk C:',