HomeMy WebLinkAbout09-5921
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY IN
THE COMMONWEALTH OF PENNSYLVANIA
TIFFANE A. SMITH, Civil Action At Law?r /
CI- c-l r-t
Plaintiff, Case No.
VS.
TRAVIS J. SMITH,
Defendant,
COMPLAINT FOR CUSTODY
1. The plaintiff is Tiffane A. Smith, sui juris, who is currently residing at
12 West Main St. Plainfield, 17081 in the County of Cumberland, Commonwealth of
Pennsylvania
2. The defendant is Travis J. Smith, sui juris who is currently residing at 9999
Silberhorn Highway, Riga 49276 in the State of Michigan.
3. Plaintiff seeks custody of the following child:
Name Address Date of Birth Age
Trent J. Smith same address 11/6/2008 9 months
as mother
4. The child was born outside of wedlock.
5. The child is presently in the custody of the biological mother, Tiffane A. Smith who
resides at 12 West Main St. Plainfield, 17081 in the County of Cumberland,
Commonwealth of Pennsylvania
6. The child has been in the Primary Custody of the mother since his birth.
7. The biological mother of the child is Tiffane A. Smith, currently residing at
12 West Main St. Plainfield, 17081 in the County of Cumberland, Commonwealth of
Pennsylvania.
8. The mother is separated from the biological father and remains married to the same.
9. The father of the child is Travis J. Smith, who resides at 9999 Silberhorn Highway,
Riga 49276 in the State of Michigan.
10. The relationship of the plaintiff to the child is that of a biological mother. The
plaintiff currently resides with the following persons:
Name Relationship
Trent J. Smith Biological Son
Betty Jo Callich Maternal Grand-Mother
11. The plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
12. The plaintiff has no other information of a custody proceeding concerning the child
pending in a Court of this Commonwealth.
13. 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.
14. The best interest of the child and permanent welfare of the child will be served by
granting the relief requested for the reasons as recited hereinafter:
(a) The plaintiff mother, has been the primary caretaker and caregiver of the
child and has provided the requisite level of love, support, attention,
affection and nurturing and has done so by attending to his physical,
psychological and emotional since the child's birth.
(b) Father has and continues to use in excess alcohol and illicit drugs and
has done so in the presence of mother.
(c) The father has abandoned the marital residence moving to the State of
Michigan and has demonstrated a lack of interest in initiating any form
of contact either physical or otherwise with the minor child since his
departure from the residence.
(d) The father lacks the presence of mind and judgment to provide a suitable
parenting role and ensure the safekeeping of the child due to his affinity
towards numbing his senses with drugs and alcohol.
(e) The child's physical and psychological well being would be severely at
risk due to the potential acts and/or omissions emanating from the
ingestion of mind-altering substances by the father.
(f) The child currently resides with his mother who has and continues to
provide to the child a sense of comfort, permanency, and familiarity.
(g) Plaintiff, believes and therefore avers that she can continue to provide a
predictable and stable lifestyle for which the child has become
accustomed and that will be in the best interest of the child during his
formative years and throughout his life.
WHEREFORE, Plaintiff, Tiffane A. Smith, respectfully requests for the
aforementioned reasons, that the court grant and award her Primary Physical custody
of the child Trent J. Smith, for the aforementioned reasons as recited herein.
Dated: -7 14 C/
GREGORY S. HAZLETT
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
& 4904 relating to unsworn falsification to authorities.
Date: 09
/8 t
Ti fane A. Smith, Plaintiff
Phone: (717) 790-5500
Attorney for Plaintiff
OF THE PR
2QL19 AUC 28 PH 2= ti
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A'I- ?? 9 .9 y?,
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TIFFANE A. SMITH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
TRAVIS J. SMITH
DEFENDANT
2009-5921 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, September 04, 2009 , 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, October 06, 2009 at 9:30 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. 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/ jacggclhne M. Verney, 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
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
OF THE T
NOTARY
2009 SEP -4 PM 3 4
PENNS LV,
TIFFANE A. SMITH, : IN 7
Plaintiff : CUP
V. : NO.
TRAVIS J. SMITH.,
Defendant IN
ER
AND NOW, this ! (ot? day of
consideration of the attach d Custody Cc
follows:
1. The Mother Tiffane A. Smi
shared legal custody of Trent J. Smith, bon
an equal right, to be exerci?ed jointly with
emergency decisions affecting the Child's
to, all decisions regarding his health, educe
Pa.C.S. §5309, each parent shall be entitle(
the child including, but not limited to medi
residence address of the child and the other
possession of any such records or informat
same, or copies thereof, wi h the other par(
records and information o reasonable use
entitled to full participation in all educatioi
and evaluations with regar to the minor c]
complete information fro any physician,
reports given to them asp rents including,
certificates, school or educational attendan
parent shall be entitled to ceive copies of
regard to school pictures, ?xtracurricular a,
presentations, back-to-school nights, and t]
2. Mother shall have primary
3. Father shall have periods o
A. One full week in the su
notice.
B. Alternating holidays as
Ii
OCT 0 6 2009 4
COURT OF COMMON PLEAS OF
RLAND COUNTY, PENNSYLVANIA
1 CIVIL ACTION - LAW
DY
0 CACJ 1 yr , 2009, upon
iation Report, it is ordered and directed as
h and the Father, Travis J. Smith, shall have
November 6, 2008. Each parent shall have
Ze other parent, to make all major non-
eneral well-being including, but not limited
ion and religion. Pursuant to the terms of 23
to all records and information pertaining to
al, dental, religious or school records, the
parent. To the extent one parent has
m, that parent shall be required to share the
it within such reasonable time as to make the
) the other parent. Both parents shall be
al and medical/treatment planning meetings
ild. Each parent shall be entitled to full and
entist, teacher or authority and copies of any
but not limited to: medical records, birth
e records or report cards. Additionally, each
any notices which come from school with
tivities, children's parties, musical
e like.
custody of the child.
ial physical custody as follows:
provided he give Mother 30 days prior
5
1. Tha4sgiving. Father
odd numbered years at tij
2. Christmas shall be di,
Christmai ?s Eve at 12:00 n
B shall be from Christma
noon. M,Other shall have
in even numbered years.
years and Block B in odc
3. East. Father shall
numbered years at times
4. Such, other holidays
4. This Order is entered pursu
Conciliation Conference. he parties may
consent. In the absence of utual consent,
Z
cc: egory S. Hazlett, E?
?
Travis J. Smith, pro se
12 West Main Strf
Plainfield, PA 17(
r'1 t?F? ,na l
ID Icq
Cow
11 have physical custody of the child in
agreed by the parties.
ided into two Blocks. Block A shall be from
?on to Christmas Day at 12:00 noon. Block
Day at 12:00 noon to December 26 at 12:00
Block A in odd numbered years and Block B
Father shall have Block A in even numbered
numbered years.
physical custody of the child in even
ed by the parties.
the parties may agree.
to an agreement of the parties at a Custody
dify the provisions of this Order by mutual
terms of this Order shall control.
TIFFANE A. SMITH, : IN 7
Plaintiff : CUP
V. : NO.
TRAVIS J. SMITH,
Defendant : IN
PRIOR JUDGE: None
DY CON
IN ACCORDANCE WITH CUM
PROCEDURE 1915.3-8, the undersigned
report:
I . The pertinent information c
litigation is as follows:
COURT OF COMMON PLEAS OF
RLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION - LAW
ODY
ND COUNTY RULE OF CIVIL
Conciliator submits the following
the Child who is the subject of this
NAME DATE OF B RTH CURRENTLY IN CUSTODY OF
Trent J. Smith November 6 2008 Mother
2. A Concilia ion Conference
with the following in attendance: The Mot
Gregory S. Hazlett. Esquire, and the Fatht
3. The parties agreed to an Or
Date: / D - ? -e7
vas held in this matter on October 6, 2009,
ier, Tiffane A. Smith, with her counsel,
, Travis J. Smith, pro se.
in the form as attached.
?. 4
Jac eline M. Verney, Esquire
Custody Conciliator
FJLEG-ix:?:jGE
OF THE 2009 OCT -6 PSI 2: ? 1
SEP 16 OU
TIFFANE A. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2009-5921 CIVIL ACTION - LAW
TRAVIS J. SMITH, C
Defendant : IN CUSTODY
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ORDER OF COURT co C)
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AND NOW, this , upon
day of '
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
The prior Order of Court dated October 9, 2009 is hereby vacated.
2. The Mother, Tiffane A. Smith shall have sole legal and sole physical
custody of the child, Trent J. Smith, born November 6, 2008.
3. 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,
1 A
4? J.
cc: Ggory S. Hazlett, Esquire, Counsel for Mother
raves J. Smith, pro se
2025 Jamestown Drive
Rockford, IL 61109
CO FDES encft6L
Q? /10
xyl
TIFFANE A. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2009-5921 CIVIL ACTION - LAW
TRAVIS J. SMITH, .
Defendant : IN CUSTODY
PRIOR JUDGE: M. L. Ebert, 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
Trent J. Smith November 6, 2008 Mother
2. A Conciliation Conference was held in this matter on September 16, 2010,
with the following in attendance: The Mother, Tiffane A. Smith, with her counsel,
Gregory S. Hazlett, Esquire. Father, Travis J. Smith, although served with notice of the
conference did not appear.
3. The Honorable M. L. Ebert, Jr., entered an Order of Court dated October
9, 2009 providing for shared legal custody, Mother having primary physical custody and
Father having periods of partial physical custody.
4. Mother requested an Order in the form as attached.
Date: -/41 /Z;>
Jacqueline M. Verney, Esquire
Custody Conciliator