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Home My WebLink About10-0776 JOSHUA W. SMITH, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :NO: ID - gllb Civi t TpXm v : CIVIL ACTION - CUSTODY n = ?a HEATHER L. GRIFFIE, "' ?n -; Defendant COMPLAINT FOR CUSTODY ry 1. The Plaintiff is Joshua W. Smith (the "Plaintiff'), residing at 12 South Filbert Street, Apartment 11, Mechanicsburg, Cumberland, Cumberland County, Pennsylvania 17055. 2. The Defendant is Heather L. Griffie (the "Defendant"), residing at 113 South Washington Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE Cole William Smith 113 South Washington Street Mechanicsburg, PA 17055 AND 12 South Filbert Street Apartment 11 Mechanicsburg, PA 17055 4. The child was born out of wedlock. DATE OF BIRTH August 15, 2006 5. The child is presently in the custody of Defendant, Heather L. Griffie, whose current address is 113 South Washington Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 and Plaintiff, Joshua W. Smith, whose current address is 12 South Filbert 41-7q. Co P A A'i'r`/ Ct,v 19.03 0401,57051 Street, Apartment 11, Mechanicsburg, Pennsylvania 17055. 6. During the past five (5) years, the child had resided with the following persons at the following address: LIST ALL PERSONS LIST ALL ADDRESSES DATES Mother 113 South Washington Street, Mechanicsburg, PA 17055 AND Father and Minor Child Father, Minor Child and Julie Fields (Father's girlfriend) Mother, Father and Minor Child Mother and Minor Child Father, Minor Child, Karl and Ann Smith (Father's Parents) Mother, Father and Minor Child 12 South Filbert Street, Apartment 11, Mechanicsburg, PA 17055 113 South Washington Street, Mechanicsburg, PA 17055 35 West Main Street Mechanicsburg, PA 17055 AND 105 South Filbert Street Mechanicsburg, PA 17055 35 West Main Street Mechanicsburg, PA 17055 October, 2008 to Present October, 2008 to Present March, 2009 to Present December, 2007 to October, 2008 October, 2006 to December, 2007 October, 2006 to December, 2007 Birth to October, 2006 7. The mother of the child is Defendant, Heather L. Griffie, whose current address is 113 South Washington Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is unmarried. 2 8. The father of the child is Plaintiff, Joshua W. Smith, who currently resides at 12 South Filbert Street, Apartment 11, Mechanicsburg, Cumberland, Cumberland County, Pennsylvania 17055. He is unmarried. 9. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following people: NAME Cole William Smith RELATIONSHIP Minor Child Julie Fields Girlfriend 10. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: NAME Cole William Smith RELATIONSHIP Minor Child Dylan Griffie Jordan Griffie Mother's Minor Child Mother's Minor Child 11. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 13. Plaintiff does no know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 3 14. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff has been a primary caretaker of the child, can provide a stable, safe, and secure environment and can provide for the children's emotional, psychological and spiritual needs. Further, the child views the Plaintiff as a source of stability, a source of love, and a source of emotional support. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child have been given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests the Court to implement an Order of Custody pertaining to the Minor Child. submitted, .C. By: I.D. #8n65 ` / ? 320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) Date: January 29, 2010 4 1 1 VERIFICATION I verify that the statements made in the foregoing 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: /-O )q , 2010 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the District Court Administrator. All arrangements must be made at least seventy- two hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. BY THE COURT: JUDGE DATE: ATTEST: 2 1 JOSHUA W. SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-776 CIVIL ACTION LAW HEATHER L. GRIFFIE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, February 08, 2010 , 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 Wednesday, March 10, 2010 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 Prounds 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 FILED-Ox"FICE OF TtRG F?^?I-:10NOTARY 2010 FEB -8 PM 3: 47 culvv : a L: Wi,'3YLVANIA a in RLE[ 20 10 FEB 17 1' '1 2: ?, 7 JOSHUA W. SMITH, N ,.xl Y01, ,,COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. NO. FC-2010-776 ' HEATHER L. GRIFFIE, : CIVIL ACTION -LAW DEFENDANT : CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE ,. Please enter my appearance on behalf of the Defendant, Heather L. Griffie. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: February 15, 2010 usan ay Candiello, E, PA I.D. # 64998 4010 Glenfinnan ace Mechanicsburg PA 70 (717) 724-2278 0 JOSHUA W. SMITH, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO: 2010-776 V. CIVIL ACTION - CUSTODY HEATHER L. GRIFFIE, Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Complaint for Custody was served in the above-captioned matter as evidenced by the attached certified mail return receipt attached hereto as Exhibit "A": Ms. Heather L. Griffie 113 South Washington Street Mechanicsburg, PA 17055 CUNNINGHAM & CHERNICOFF, P.C. By Date: February 22, 2010 F:\Home\KKNIGHTI DOCS\SMITH.JOSHUA\2010\COS.Complaint in Custody.wpd Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717) 238-6570 t N - _ - tf'_ ? ; y - ,1 1 ri a -T? nlf_ C EXHIBIT `A' ¦ Complete items 1, 2, and & Also complete ' item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpW% or on the front If space permits. 1. Ar ide Addressed to: A. S / Addresses Sx ( nfed sme) C. Date of Delivery D. Is delivery address dnWeDLIMM Item 1? O Yves i N YES, enter del d No Olt 81 11111111'ro? in a <, ty o Regletrned E3 insured Mdl O o om 4. Restr icted DeMmy! Pit Feel 2. Article Nunt w 7008^ 0500 0001 4447 2998 M n farf m sw vbo PS Form 3811. February 2004 Domestlo. Rstmn Realpt _ ___ U.S. Postal Ser vice,.., CERTIFIED MAIL RECEIPT co • ,,., .•Provided) 11- ru OFFI CIAL USEl Postage $ 5 B U /Q ?\ G Certified Fee .4 ? C3 Q Retum Receipt Fee (Endomement Required) P t i qu d O R (End enn irre ) pq O L1 TOW Postage & Fees $ p O - s ra O O r- fbr M rChendles i O Mrs 10259542-un•1540 MAR 12 2010 JOSHUA W. SMITH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2010-776 CIVIL ACTION LAW C? HEATHER L. GRIFFIE ==-p Defendant IN CUSTODY -Jc ORDER OF COURT AND NOW, this t day of M 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Joshua W. Smith, and the Mother, Heather L. Griffie, shall have shared legal custody of Cole William Smith, born August 15, 2006. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place every week on Monday after daycare/school. The non-custodial parent shall have a period of custody with the Child on Thursday from after daycare until 7:30 p.m. This schedule shall begin with the Mother having custody of the Child on Friday, March 12, 2010 after daycare through Monday, March 15, 2010 when the Mother shall transport the Child to daycare. The Father shall have custody from Monday, March 15, through Monday, March 22 and thereafter the alternating weekly schedule shall continue on an ongoing basis. 3. The parties shall exchange custody of the Child at daycare with the exception of the Thursday evening periods of custody for which the parent having the period of custody shall provide all transportation. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 5. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at 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. cc: ?y M. Knight Esquire - Counsel for Father Susan Kay Candiello, Esquire - Counsel for Mother r ?l BY THE COURT, f r JOSHUA W. SMITH Plaintiff VS. HEATHER L. GRIFFIE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-776 CIVIL ACTION LAW 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 Cole William Smith August 15, 2006 Father/Mother 2. A custody conciliation conference was held on March 10, 2010, with the following individuals in attendance: the Father, Joshua W. Smith, with his counsel, Kelly M. Knight, Esquire, and the Mother, Heather L. Griffie, with her counsel, Susan Kay Candiello, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator