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HomeMy WebLinkAbout02-0095ROBERT W. SMITH Plaintiff Vs, LORI A. SMITH Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002- 9~' CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Robert W. Smith, an adult individual, currently residing at 307 Raymon Ave., Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Lori A. Smith, an adult individual, currently residing at 1360 Kiner Blvd., Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Benjamin Robert Smith, age 10, born February 7, 1991 and Kellie Marie Smith, age 6, born April 22, 1995. The children were not born out of wedlock. The children are presently in the primary physical custody of the Father, Robert W. Smith. The Defendant Mother in October, 2001, removed herself from the home and left the children with the Father. She has daily contact with the children. During the past five years, or since the children's birth, they have resided with the following persons at the following addresses: (a) from their births to October 26, 2001, with the parties at 307 Raymon Ave., Boiling Springs, Cumberland County, PA. (b) from October 26, 2001 to the present with the Father at 307 Raymon Ave., Boiling Springs, Cumberland County, PA. The natural mother of the children is the Defendant. She is married to the Plaintiff. 4. The relationship of the Plaintiff to the children is that of natural father. 5. The relationship of the Defendant to children is that of natural mother. 6. The parties have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Father has been one of the primary caretakers of the children since their births and has been the primary caretaker since the parties separation. Prior to the parties separation in October, 2001, the Mother on numerous occasions declined the opportunity to spend time with the children and left them with the Father for care. (b) The Father remains in the home that the children have lived in their whole lives. This home is in the neighborhood where their present and future schools are located. Father wants to be accommodating to permit "frequent and continuing contact and physical contact" between Dylan and his Mother. 23 PACSA 5303 (a). (c) The Mother suffers from depression, is medicated and lacks the capacity to provide primary care for the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have 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 children will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS None BASIS OF CLAIM WHEREFORE, Plaintiff requests your Honorable Court to: A) grant primary physical custody of the children to the Father with the parties to share legal custody; B) set an emergency hearing in the event the Mother attempts to remove the children from the home, in order to set the parties rights until such time as there can be a full hearing in this matter; C) grant such other relief as is just and in the best interest of the children. Date: I /~) /oz- Respectfully submitted, Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 I verify that the statements made in the foregoing Complaint for Custody 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. Robert W. Smith DATE: 7 o o ROBERT W. SMITH PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-95 CIVIL ACTION LAW LORI A. SMITH DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Friday, January 18, 2002 , 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 Wednesday, February 13, 2002 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. All children age five or older may also be present at the conference. 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/ Jacaueline M. Vernev. Esa. ;~ ' Custody Conciliat'or - ~' ' 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FEB :1 ZO0 ROBERT W. SMITH, Plaintiff V. LORI A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-95 CIVIL TERM : : IN CUSTODY ORDER OF COURT ANDNOW, this ,~a°t day of~.~:l~4~, 2002, up°.n. . consideration of the attached Custody Conciliation Report~tit is ordered and &rectea follows: as 1. A Hearing is scheduled in Court Room No. ~ , of the Cumberland County Court House, onthe o%~c~_ day of ~ 1) ,2002, at o'clock, p~ . M., at which time testimony will ge taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Robert W. Smith, and the Mother, Lori A. Smith, shall have shared legal custody of Benjamin Robert Smith, bom February 7, 1991, and Kellie Marie Smith, bom April 22, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 4. Father shall have primary physical custody of the children. 5. Mother shall have the following periods of partial physical custody of the children beginning February 16, 2002: A. Every weekend, except the third weekend of every month, from Saturday 10:00 a.m. to Tuesday morning when Mother shall deliver the children to school. Mother shall also be responsible for delivering the children to school on Mondays. Father's third weekend every month shall be from Friday after school to Sunday at 8:00 p.m. On the third weekend of every month, Mother shall have physical custody of the children from Sunday at 8:00 p.m. to Tuesday morning. In addition, Mother shall have partial physical custody of the children when the children are off from school. In such instances, Father shall transport the children to Mother's home the evening before the day off from school at 8:00 p.m. Mother shall have physical custody of the children during Easter break from March 25, 2002 to April 2, 2002, however, Father shall have physical custody of the children from 3:30 p.m. to 8:00 p.m. every evening that week Monday to Friday during that period and on Easter, March 31, 2002 from 8:00 a.m. to 2:00 p.m. D. Such other times as the parties agree. 6. Transportation shall be shared as agreed by the parties. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cg,~ oobert L. O'Brien, Esquire, counsel for Father ,,,,,Edward L. Schorpp, Esquire, counsel for Mother ROBERT W. SMITH, Plaintiff V. LORI A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2002-95 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: None 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Benjamin Robert Smith Kellie Marie Smith February 7, 1991 Father April 22, 1995 Father 2. A Conciliation Conference was held February 13, 2002 with the following individuals in attendance: The Father, Robert W. Smith, with his counsel, Robert L. O'Brien, Esquire, and the Mother, Lori A. Smith, with her counsel, Edward L. Schorpp, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father relates that Mother left the family residence on October 26, 2001 voluntarily leaving Father to care for the children. Father asserts that the children should remain primarily with him for their stability. Father's work schedule is from 7:00 a.m. to 3:00 p.m. Mother's work schedule is 3:00 p.m. to 11:00 p.m., Tuesday to Friday. Father maintains that he is available to care for the children after school and if Mother had shared physical custody, the children would not see their Mother except before school for a short period of time. Father is willing to provide Mother with all weekends per month, from Saturday morning to Tuesday morning, except one. Father was also willing to go to a shared physical arrangement on a week on/week off basis during the summer. Father believes the children should continue in their present school placements. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and shared physical custody. Mother would transport the children to their present schools during her periods of custody. Mother maintains that primary physical custody in Father penalizes her for her work schedule. As she is presently living with her parents, they can provide care while she is at work. Mother believes it is important to transition the children into a shared physical arrangement. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Father primary physical custody and Mother having periods of partial physical as set forth, maximizing her time with the children. It is expected that the Hearing will require one day. Date //acqu~line M. Vemey, Esquire Custody Conciliator ROBERT W. SMITH, Plaintiff VS. LORI A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA i CIVIL ACTION - LAW : NO. 2002- ~.5' CIVIL :IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this c~ day of .'~'/~?'; / ,2002, I, Lori A. Smith, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. Lori A. Smith ROBERT VV. SMITH Plaintiff VS. LORI A. SMITH Defendant · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW : NO. 2002-i~,~' CIVILTERM : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of April, 2002, upon review the Motion For A Continuance the Court orders and directs that the hearing scheduled for Thursday, April 25th, 2002 at 8:45 a.m. is continued generally and the matter may be re-listed for a hearing by the Court upon application of either party by motion or petition. Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Edward Schorpp, Esquire 10 East High Street Carlisle, Pennsylvania 17013 VtNYA'I,kSNNBcl ROBERT W. SMITH Plaintiff Vs. LORI A. SMITH Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002- OO(t.~'CIVIL TERM : IN CUSTODY MOTION FOR A CONTINUANCE 1. Movant is Robert L. O'Brien, Esquire, Attorney for the Plaintiff in the above-captioned action. 2. Movant has talked with his client about a custody agreement outlined by the Defendant's counsel and believes that an agreement can be reached. 3. Plaintiff wishes to have this matter continued generally until such time as the parties sign an agreement or negotiations falter. Movant has contacted Edward Schorpp, Esquire, Attorney for the Defendant and he has agreed to a general continuance. WHEREFORE, Movant respectfully requests that the custody hearing scheduled for Thursday, April 25th, 2002 be continued generally and the matter maybe re-listed for a hearing by the court by either party by motion or petition requesting same. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire I.D. #28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873