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HomeMy WebLinkAbout04-3845JESSE R. SMITH, Plaintiff ANGELA M. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUSTODY COMPLAINT FOR CHILD CUSTODY NOW COMES the Plaintiff, Jesse R. Smith, by and through his attorney, Edward L. Schorpp, Esquire, who avers the following: 1. The Plaintiff is Jesse R. Smith, residing at 53 Broad Street, Newville, Cumberland County, Pennsylvania 1724 I, 2. The Defendant is Angela M. Smith, who formerly resided at 300 Grahams Woods Road, Carlisle, Cumberland County, Pennsylvania 17013, and whose present permanent address is unknown. 3. Plaintiff seeks custody and desires to establish certain visitation rights for the following child: Cole-James Randolph Smith 53 Broad Street, Newville, PA Age: 4 4. The child was not bom out of wedlock. 5. The child is presently in the custody of Plaintiff, who resides as aforesaid. 6. During his lifetime, the child has resided with the parties until the separation in April, 2004. 7. The father of the child is Plaintiff, who resides as aforesaid, and is married to the Defendant. 8. The mother of the child is the Defendant, who resides as aforesaid, and who is married to the Plaintiff. 9. Plaintiff is the father of the child and resides with no one other than the child. I 0. The Defendant is the mother of the child and, to the best of Plaintiffs kmowledge, formerly resided with her parents and who is now believed to be residing with a male companion. 1 l. Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. Further, Plaintiff has no information of any custody proceedings concerning the child pending in any court of this Commonwealth or any other state. 12. Plaintiff does not know of any other 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. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because the child has always resided with the father (Plaintiff), who has been the primary and responsible caretaker. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons known to Plaintiff who should receive notice of the pendency of this action. WHEREFORE, Plaintiffrequests the Court to grant primary physical and legal custody of the child to Plaintiff. Edward L. Schorpp, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, Pennsylvania 17013 (717) 243-3341 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements heroin are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: ~,~-~J es~R.,~SSm~t h~'~ JESSE R. SMITH : PLAINTIFF : V. ANGELA M. SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND~_ OUN~I'y PENNSYLVANIA 04-3845 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 11, 2004 , 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, September 07, 2004 at 8:30 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 a~e 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/ _lacqueline M. Verney. Esq Custody Conciliator rnhc 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 ~IItE 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 DEC 0 ? JESSE R. SMITH, Plaintiff V. ANGELA M. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-3845 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 7th day of December, 2004, being advised that the parties have reconciled and ninety days have past since a general contimmnce was requested, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, y, Esquire, Custod6/Conciliator