HomeMy WebLinkAbout10-2105`!? iRF?Y
2010 MAR 25 fl 'i 9; 49
MELISSA J. SMITH,
Plaintiff
V.
CLAIRE BARRICK, JR. and NANCY
SHEAFFER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,.PENNSYLVANIA
NO. /D - alb,5 etaj
CIVIL ACTION - LAW
CUSTODY
CUSTODY COMPLAINT
1. Plaintiff is MELISSA J. SMITH, who currently resides
at 1779 Main Street, Apt. #2, Mechanicsburg, Cumberland County, PA
17055. She is the subject child's natural Mother.
2. Defendant, CLAIRE BARRICK, JR. currently resides at
2 Peach Glen Road, Gardners, PA 17324. He is the subject child's
natural Father.
3. Defendant, NANCY SHEAFFER, is the subject child's
maternal grandmother. She resides at 1125 Rana Villa Ave.
Camp Hill, PA 17011.
4. Plaintiff seeks sole legal and physical custody of
the AMBER L. BARRICK, born 9-30-96 (age 13). The child was born
out of wedlock.
5. The child has resided with the following persons at
the following addresses for the approximate following periods of
time:
179.00 "/. cv
A Li
?3?Sa-a
NAME
mother/roommate
maternal grandparents
and three children
(child's uncles/aunts)
mother; mother's
two other children
ADDRESS
see paragraph #1 above
1125 Rana Villa Ave.
Camp Hill, PA 17011
768A Lewisberry Rd
Lewisberry
DATE
2/10/10 - current
7/08 - 2/10/10
2004 - 7/08
6. Plaintiff/Mother is single. She resides with the
subject child and a roommate, Travis Horning.
7. Defendant/ Father is married. Plaintiff does not
know with whom he resides.
8. Plaintiff has not participated as a party or
witness, or in any other capacity in other litigation, concerning
the custody of the child in this or another court, except as
follows: York County Children & Youth was involved with Amber. The
Order Terminating court supervision was signed June 10, 2009 (copy
attached). The Order states that Plaintiff/Mother should pursue
her custody rights through the custody court (as opposed to filing
with Children & Youth).
9. The Children & Youth Custody Order (attached) gives
legal custody to maternal grandmother, Nancy Sheaffer. By consent
of Nancy Sheaffer, Amber has been living with her mother since
approximately February 10, 2010. Attached to this Complaint is
Nancy Sheaffer's Consent to Plaintiff getting sole legal and
physical custody of Amber.
Plaintiff has no information of a custody proceeding
concerning the child pending in any Court of this Commonwealth.
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.
10. The best interest and welfare of Amber will be
served by granting Plaintiff sole legal and physical custody as
Plaintiff is currently Amber's sole caretaker. Other than at a
Children & Youth hearing, Father has not seen Amber since she was
9 years old. Mother needs to be able to make medical, school, etc.
decisions without Father being able to hinder or delay them.
11. Each parent whose parental rights to the child has
not been terminated and the persons who have physical custody of
the child have been named as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant her sole
legal and physical custody.
DATE : 3 Q
V"A)-111 .2,
M A J. SM H, pro se
1779 Main St t, Apt. #2
Mechanicsburg, PA 17055
(717) 585-5564
VERIFICATION
I hereby verify that the statements made in the foregoing
document are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Dated: 3 Zy? f b v
j d
VEJ. SS MM /
CONSENT
I, NANCY SHEAFFER, am the maternal grandmother of AMBER
BARRICK. I was given legal and physical custody by a York County
Children & Youth Order. Amber has now returned to the physical
custody of her mother (my daughter), MELISSA SMITH. I consent to
my daughter obtaining sole legal and physical custody of Amber and
believe that to be in Amber's best interest.
Dated: 3-0? 1 - (0 W-2= NANC HEAF R
1125 Rana Villa Ave.
Camp Hill, PA 17011
Commonwealth of Pennsylvania IN THE COURT OF COMMON PLEAS OF
In the Interest Of: :York COUNTY, PENNSYLVANIA
JUVENILE DIVISION
Amber Barrick, a Minor
(DOCKET NO: CP-67-DP-743-2008
Date of Birth 09/30/96 `l:ID: -FN- -
ORDER FOR TERMINATION OF COURT SUPERVISION
AND NOW, this / ay of June, 2009, it is ORDERED that the Child is found not to be a Dependent Child
pursuant to the Pennsylvania Juvenile Act. Any temporary legal and Physical custody by York County Children and
Youth Services of the aforementioned child shall be discharged.
Reason for Termination
? A ready, willing, and able parent has come forward
The child has been adopted
The court has transferred jurisdiction to another court
? The child has reached the age of 18 years of age and no longer wants service
Q The family has completed the terms of the family service plan
? The family has completed the terms of the permanency plan and the child has been returned to the guardian
? The child has reached the age of 21
? Child is Incarcerated in.Adult Prison
? Military Service
9 Permanent Placement with a fit and willing relative
0 Subsidized Permanent Legal Custodian/Relative
? Subsidized Permanent Legal Custodian/Third Party
? Death Due to Natural Causes
? Death Due to Negligence
? Other -_
PERMANENCY PLAN - Consultation with Child
? The views of the child are:
? CONSULTATION - The court has consulted with the child regarding the child's permanency plan in a manner
appropriate to the child's age and maturity.
® CONSULTATION - The views of the child regarding the permanency plan have been ascertained to the fullest extent
possible and communicated -to the court by the
® Guardian Ad Litem
? Child's Counsel
? Court-Appointed Special Advocate
? Other person as designated by the court
? NO CONSULTATION
to
CD
AOPC Form Ugdated: 10/13/08
Zoo [n
SI.lIaVAI'I a S30I330 AVI 929ZP29 LTL Y d LO:fT 600Z/OT/90
The Motion to Terminate the Adjudication of Dependent , Juv-mile Court Jurisdiction and
Y Services through YCCYS
dated June 9, 2009 has been filed
Legal and physical cusody of the minor child, Amber Barrick, shall continue with the matemal grandmother, Nancy
Sheaffer,
Once the mother, Melissa Smith is in a position to regain custody of the minor child, Amber Bardck, she should pursue
custody privately through Custody Court,
The adjudication of dependency, Juvenile Court jurisdiction and services through York County Children and Youth
Services are hereby terminated,
A copy of this Order shall be provided to Caseworker, Aimee Bresnick, York County Children and Youth Services;
Attorney Dorothy Livaditis, counsel for York County Children and Youth Services; Attomey Scott Lineberry, Guardian Ad
Litem for the minor child; the mother, Melissa J. Smith; the father, Clair Barrick; and the maternal grandmother, Nancy
Sheaffer,
BY THE COURT:
YORK CO. CYS
?UIi 1, & 2009
SEND"
AOPC Form Updated; 10!13!08
Min SI,LIQVAI'I Q 93DI330 &V'I 99ZZP99 1TL XVd LO:tT 6009/OT/90
TAAY
MELISSA J. SMITH, .
Plaintiff
V.
CLAIRE BARRICK, JR. and NANCY
SHEAFFER, .
Defendants
2010 PEAR 25 Ai c ; 53
CUw1{Y
PEN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. / c?
CIVIL ACTION - LAW
CUSTODY
ACCEPTANCE OF SERVICE
I accept service of the Custody Complaint.
DATE : 3 - a?6-lo
NANCY EA R
1125 ana illa Ave.
Camp Hill, PA 17011