The URL can be used to link to this page

Home My WebLink About08-7242ANTONIO "TONY" G. GRIMES, Plaintiff, V. ROXANE G. SMITH a/k/a ROXANNE G. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :2008 - `7? yZ CIVIL TERM : IN CUSTODY COMPLAINT IN CUSTODY AND NOW, comes the Plaintiff, Antonio "Tony" G. Grimes, by and through his attorneys, Irwin & McKnight, and files this Complaint in Custody against the Defendant, Roxane G. Smith, representing as follows: 1. The Plaintiff is Antonio G. Grimes, an adult individual residing at 17103Enola Road, Carlisle, Cumberland County, Pennsylvania 17015 (hereinafter "Father"). 2. The Defendant is Roxane G. Smith, an adult individual residing at 565 Opposum Lake Road, Carlisle, Cumberland County, Pennsylvania 17015 (hereinafter "Mother"). 3. The parties are the natural parents of one (1) minor child, named Hunter W. Grimes, born April 20, 1998, age 10 years, and one (1) adult child. 4. From birth until the date of approximately July 14, 2008, the minor child has resided with both Mother and Father. 5. On or about July 14, 2008, Father moved from the residence shared with Mother at Mother's request. 6. Since that date, Mother has refused to allow Father any visitation with the minor child. 7. Father has not had any contact with his minor child since that date, despite repeated requests for contact and regular periods of custody with his son. 8. Father desires partial physical custody and joint legal custody of the minor child. 9. The best interests and permanent welfare of the minor child require that the Court grant the Father's request as set forth above. 10. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 11. Father 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. WHEREFORE, the Plaintiff, Antonio "Tony" G. Grimes, respectfully requests that he be awarded partial physical custody and joint legal custody of Hunter W. Grimes, as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: A? gAA".V-- Douglas Miller, Esquire Supreme Court I. D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Dated: December 10, 2008 2 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true 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 unsworn falsification to authorities. ANTONIO "TONY" G. RIMES Date: 12/10/08 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail and regular U.S. mail paid in Carlisle, Pennsylvania 17013, on the date set forth below: ROXANE G. SMITH a/k/a ROXANNE G. SMITH 565 OPPOSUM LAKE ROAD CARLISLE, PA 17015 Date: December 10, 2008 IRWIN & McKNIGHT Douglas G filler, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff .,n C ? =* cxo wl? -i ITl- ro --4 fi i ANTONIO "TONY" G. GRIMES PLAINTIFF IN THE COURT F COMMON PLEAS OF CUMBERLAND OUNTY, PENNSYLVANIA 2008-7242 CIVIIJ ACTION LAW V. ROXANE G. SMITH A/K/A ROXANNE G. SMITH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 16, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befor Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tue day, January. 20, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort wil be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be hear by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry f a temporary or permanent order. The court hereby directs the parties to furnish any and all exi ting Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ acgueline M. erne Custody Co ciliator The Court of Common Pleas of Cumberland County is rec wired by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facil ties and reasonable accommodations available to disabled individuals having business before the court, p ease contact our office. All arrangements must be made at least 72 hours prior to any hearing or business befo e the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTO NEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO O TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEG HELP. Cumberland County Bar ssociation 32 South Bedford 1 treet Carlisle, Pennsylvania 17013 Telephone (717) 24 -3166 L 1 S : i tld 91 330 HE ANTONIO "TONY" G. GRIMES, Plaintiff, V. ROXANE G. SMITH a/k/a ROXANNE G. SMITH, Defendant : IN THE C( : CUMBERI CIVIL AC' 2008 - 7242 : IN CUSTO COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Douglas Miller, Esquire, being duly sworn 1. That he is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint was Smith, on December 12, 2008, by certified i to Roxane G. Smith at her address at Pennsylvania 17015, with return receipt nun 3. That the said receipt for certified mail is sign hereof OF COMMON PLEAS OF COUNTY, PENNSYLVANIA - LAW CIVIL TERM to law, does depose and state: red upon the defendant, Roxane G. return receipt requested, addressed Opposum Lake Road, Carlisle, 7004 1350 0003 7289 4683. and attached hereto and made a part I verify that the statements made in this affidavit are a and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C S. Section 4904, relating to unsworn falsification to authorities. IRWIN & McKNIGHT Date: By: tIAV-0 Douglas G. ller, Esqu ri e Supreme Cour -. Id # 83776 60 West Pom et Street Carlisle, PA 17013 (717) 249-235 Attorney for Plaintiff ¦ Complete Items 1, 2, and 3. Also complete A. ftm 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse X so that we can return the card to you. B. ¦ AMach this card to the back of the maiipleoe, or on the front If space permits. 1. Artbie Addressed to: Ro=an G. Smith 565 Opposum Lake Road Carlisle, P® 17015 i ? Agent ? Addressee by ( Printed Name) C. _Date of pe? D. Is deNvart address Merent from item 1? ? Yes if YES, °_11L` delivery wkWM below: ® No 3. Service 196 ;7 CWU* Mail Cl Express Mail 0 6t Retum Receipt for Mwcherrdlee ? I Mad 13 C.O.D. 4. RGMftkt4 Dedvery? (Extra Fes) Cl yes 2 Mob Number 7024 1350 00[13 7289 4683 Iwam&Mssrw arMos PS Farm 3611. FsDranY 2004 Dwtr..Nc Pam, Reoelpt 1 -W19,q 2 .?_ z . ~µ F "S? ? ... -„ ??'' .? i"'- ?'?. r., .. r 4 r.... ?• ?.w •., ., .. 1 .. ,.. ,..C?,. JAN 2 2009 ANTONIO "TONY" G. GRIMES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7242 CIVIL ACTION - LAW ROXANE G. SMITH A/K/A/ ROXANNE G. SMITH, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this Z Z, day of Tp. , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Antonio "Tony" G. Grimes and the Mother, Roxane G. Smith, shall have shared legal custody of Hunter W. Grimes, born April 20, 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 Child's general well-being including, but not limited to, all decisions regarding his 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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 child. 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 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, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody, beginning January 24, 2009, on alternating weekends Saturdays and Sundays from 10:00 a.m. to 3:00 p.m. 4. The parties shall have liberal telephone contact with the child. 5. Father shall be responsible for all transportation. . fi 'r tl? t i 4 ? ??. tr-1 ? .. T ^? i;- t._ ? -_ ?i ?.. ? f'. l `? { ? .iit C.:-- ? Y ,. '? ?.s l ---y L' I - Ll vi.- Y' ?r -_? ;,, ? c ? /. 6. 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. A telephone conference with the Custody Conciliator and counsel is scheduled for Tuesday, February 10, 2009 at 8:30 a.m. I X_ cc:ouglas G. Miller, Esquire, Counsel for Father Xacy Wolf, Esquire, Counsel for Mother (2D I£S rnt tCL BY THE COURT. ANTONIO "TONY" G. GRIMES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-7242 CIVIL ACTION - LAW ROXANE G. SMITH A/K/AI ROXANNE G. SMITH, Defendant PRIOR JUDGE: None 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hunter W. Grimes April 20, 1998 Mother 2. A Conciliation Conference was held in this matter on January 20, 2009, with the following in attendance: The Father, Antonio "Tony" G. Grimes, with his counsel, Douglas G. Miller, Esquire and Mother, Roxane G. Smith, with her counsel, Stacy Wolf, Esquire. 3. The parties agreed to an Order in the form as attached. j- Aa-09 Date M V acq ine M. Verney, Esquire Custody Conciliator F FED . 0 2`0J C, ANTONIO "TONY" G. GRIMES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7242 CIVIL ACTION - LAW ROXANE G. SMITH A/K/A/ ROXANNE G. SMITH, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this IL211 day of F _A_ , , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated January 22, 2009 shall remain in full force and effect with the following modifications. 2. Father shall have periods of partial physical custody on alternating weekends from Saturday at 9:30 a.m. to Sunday at 6:00 p.m. 3. Father shall have physical custody for two non-consecutive weeks in the summer provided he give Mother 30-days prior notice. 4. Holidays shall be shared or alternated as agreed by the parties. 5. Neither party shall do or say anything, nor permit third parties from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 6. 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. A telephone conference with the Custody Conciliator and counsel is scheduled for Thursday, April 9, 2009 at 9:30 a.m. BY THE COURT, i, d I ? 'L", = , f t J. cc: Douglas G. Miller, Esquire, Counsel for ather? 1 _ 3- v f Stacy B. Wolf, Esquire, Counsel for M her cat ff ?? ? o , ? U c° .. ANTONIO "TONY" G. GRIMES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7242 CIVIL ACTION - LAW ROXANE G. SMITH A/K/A/ ROXANNE G. SMITH, : IN CUSTODY Defendant PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hunter W. Grimes April 20, 1998 Mother 2. A telephone Conciliation Conference was held in this matter on February 10, 2009, with the following by phone: Father's counsel, Douglas G. Miller, Esquire and Mother's counsel, Stacy B. Wolf, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated January 22, 2009 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody on alternating weekends, Saturday and Sunday, from 10:00 a.m. to 3:00 p.m. 4. The parties agreed to an Order in the form as attached. a-lo-oq 141 ":r=lz Date Jac eline M. Verney, Esquire 64 Custody Conciliator MAR 2 7 2008 ANTONIO "TONY" G. GRIMES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7242 CIVIL ACTION - LAW ROXANE G. SMITH A/K/A/ ROXANNE G. SMITH, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this 27t` day of March, 2009, being advised that the parties are satisfied with the current Order, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Ivy V qu a M. Verney, Esquire, Custody nciliator <, ? c l ?' `' ' ? ?: ,. ? `??? t . ?? f ;; A? =?? ,,;,