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HomeMy WebLinkAbout02-0493PATRICIA C. POTI'EIGER, Plaintiff, THOMAS I. SMITH, Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW IN CUSTODY NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief requested by the plaintiff. You may lose money or property or other fights important to YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 PATRICIA C. POTTEIGER, Vo THOMAS I. SMITH, Plaintiff, Defendant. : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- CUSTODY COMPLAINT FOR CUSTODY Plaintiff, Patricia C. Potteiger, by and through his/her attorney Gerald S. Robinson, Esquire, and the law firm of ROBINSON & GERALDO, respectfully requests the following: 1. Plaintiff is Patricia C. Potteiger, an adult individual and the natural mother who currently resides at 61 Gasoline Alley, Carlisle, PA. 2. Defendant is Thomas I. Smith~ an adult individual and the natural father residing at 440 Sample Bridge Road, Enola, PA. 3. Plaintiffseeks legal custody of Kayla N. Smith, bom on 7/26/2000, residing at 61 Gasoline Alley, Carlisle, PA with Plaintiff. The child(ren) was bom out of wedlock. 4. The child(ren) is/are presently in the custody of Plaintiff, Patricia C. Potteiger, who currently resides at 61 Gasoline Alley, Carlisle, PA. 5. During the past five years, the child(ren) has/have resided with the following persons and at the following addresses: a. From December 2001 to present, the child resided with the Plaintiffand her boyfriend Justin Welsh at 61 Gasoline Alley, Carlisle, PA. b. From February 25, 2001 to December 2001, the child resided with the Plaintiff and the child's maternal grandparents at 269 Middlesex Road, Carlisle, PA; and c. From June 2000 to February 25, 2001, the child resided with the Plaintiff, Defendant and her paternal grandparents at 440 Sample Bridge Road, Enola, PA. 6. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child(ren) in this or another court. 7. Plaintiffhas no information of a custody proceeding concerning the child(ren) pending in a court of this Commonwealth. 8. Plaintiffdoes not know of a person not a party to the proceedings who has physical custody of the child(ren) or claims to have custody or visitation rights with respect to the child(ren). 9. The best interest and permanent welfare of the child(ren) will be served by awarding Custody to Patricia C. Potteiger. 10. Each parent whose parental rights to the child(ren) have not been terminated and the person who has physical custody of the child(ten) have been named as a party to this action. 11. The best interest and permanent welfare of the child(ren) will be served by awarding custody to the Plaintiff. 12. Each parent whose parental rights to the child(ren) have not been terminated and the person wh has physical custody of the child(ren) have been named as a party to this action. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant Custody to Plaintiff. Respectfully submitted, ROBINSO. GE DO By:~~~ Gerald S. Robi~on, Esqtiire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Patricia C. Potteiger PATRICIA C. POTTEIGER PLAINTIFF V. THOMAS I. SMITH DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-493 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Monday, February 04, 2002 , 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, Meehaniesburg, PA 17055 on Wednesday, February 27, 2002 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 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/ Dawn S. Sunday. Esq. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 PATRICIA C. POTTEIGER, Plaintiff vs. : 02-493 THOMAS I. SMITH, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~4 ]t{~ day of ~ ,_)~, , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Patricia C. Potteiger, and the Father, Thomas I. Smith, shall have shared legal custody of Kayla N. Smith, bom July 26, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Both parties shall have equal access to all records pertaining to the Child, including medical and school records. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child every weekend (except as provided in subparagraph B) from Friday at 5:00 p.m., when the Father shall pick up the Child at day care through Sunday at 5:00 p.m., if the Father is transporting the Child to the Mother's residence or until 4:00 p.m., if the Mother is picking the Child up at the Father's residence. The Father's weekend periods of custody shall begin on Friday, March 1, 2002. B. The Mother shall have custody of the Child for one weekend every two months from Friday through Sunday upon providing two weeks advance notice to the Father. When the Mother exercises her right to a period of weekend custody, the parties shall schedule a makeup period of two consecutive overnights for the Father as close as possible to the missed weekend period of custody. C. The Mother shall also have custody of the Child at all other times not otherwise specified for the Father under this Order. 3. The parties shall have custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 9:00 a.m. and the Father shall have custody from Christmas Day at 9:00 a.m. through December 26 at 5:00 p.m. if the Father transports the Child to the Mother's residence or 4:00 p.m. if the Mother picks up the Child at the Father's residence. B. THANKSGIVING/EASTER: The parties shall equally share having custody of the Child on Thanksgiving and Easter each year, with the specific times for exchanges to be arranged by agreement. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day beginning at 9:00 a.m. The Father shall have custody of the Child every year on Father's Day and the Mother shall not select the Father's Day weekend as a period of regular custody under paragraph 2B of this Order. D. REMAINING HOLIDAYS: The parties shall share or alternate having custody of the Child on the remaining holidays as arranged by agreement. 4. Each party shall be entitled to have custody of the Child for a vacation each year for two non-consecutive weeks, upon providing 3 weeks advance notice to the other party. The party providing notice first shall he entitled to preference on his or her selection of dates under this provision. 5. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party of the address and telephone number where the Child can be contacted. 6. 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. 7. 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:~Gerjald S. Robinson, Esquire - Counsel for Mother ,~neresa Barrett Male, Esquire - Counsel for Father BY THE COURT, PATRICIA C. POTTEIGER, Plaintiff vs. : 02-493 : IN CUSTODY THOMASI. SMITH, De~ndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION LAW 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 conceming the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla N. Smith July 26, 2000 Mother 2. A Conciliation Conference was held on February 27, 2002, with the following individuals in attendance: The Mother, Patricia C. Potteiger, with her counsel, Gerald S. Robinson, Esquire, and the Father, Thomas I. Smith, with his counsel, Theresa Barrett Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date 0 ' ~ - Da~ S. S~day, Esquire Custody Conciliator PATRICIA C POTTEIGER, THOMAS I. SMITH, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-493 CIVIL ACTION- CUSTODY PETITION TO MODIFY CUSTODY Petitioner, Patricia C Potteiger, by and through her attorney, Gerald S. Robinson, Esquire, and the law firm of ROBINSON & GERALDO, respectfully requests that the current Custody Order be modified and avers the following: 1. Plaintiff is Patricia C Potteiger, an adult individual and the natural Mother who currently resides at 269 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Thomas I. Smith, an adult individual and the natural Father who currently resides at 25 Army Heritage Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner seeks to have the existing Custody Order modified awarding her primary physical custody subject to Father's periods of partial custody on alternating weekends, holidays and two weeks during each summer. 4. The child is presently in the custody of Mother, who cmxently resides in Cumberland County, Pennsylvania. 5. From birth to present, the child has resided at the following addresses with the following persons: Person(s) Addresses Dates ao Both parties and paternal grands. Mother and maternal grands 269 N. Middlesex Rd. (Carlisle) Mother and Justin Welsh 61 Gasoline Alley (Carlisle) Mother and maternal grands 269 N. Middlesex Rd. (Carlisle) 440 Sample Bridge (Carlisle) Birth to 2/25/01 2/25/01 to 12/01 12/01 to 2/02 2/02 to present. 6. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of the child or claims to have custody or visitation rights with respect to the child. 7. There is an existing Custody Order entered into effect on March 4, 2002, a copy of which is attached hereto as Exhibit 1. 8. The best interest and permanent welfare of the child will be served by modifying the Custody Order because: a) the child is frequently leR with third parties during Father's periods of partial custody; b) the current Order does not allow the child to be with :friends and Mother's family on weekends; and 2 c) Father did not avail himself of other periods of partial custody to which he was entitled. 9. 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 a peaty to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of pendency of this action and the right to intervene: None. WHEREFORE, the Petitioner respectfully requests this Honorable Court to modify the current custody order by granting primary physical custody to Detitioner subject to Father's periods of partial custody on alternating holidays, weekends ard two weeks each summer. Respectfully submitted, ROBINSON & GERALDO Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, iDA 17110 (717) 232-8525 Attorney for Petitioner 3 VERIFICATION I verify that the statements made in this Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to th:e penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Patricia C Potteiger CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 22nd day of April, 2004, I caused a tree and correct copy of the Petition to be served upon the following individual by certified mail / restricted delivery by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Thomas I. Smith Army Heritage Drive Carlisle, PA 17013 Respectfully subn'fitted, ROBINSON & GERALDO Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-852:5 PATRICIA C. POTTEIGER, Plaintiff VS. THOMAS I. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-493 ,CIVIL ACTION LAW IN CUSTODY ORDER OF COURT --A.ND ~N.OW' this q "~1 day °f ~f)~ O~("d-~f~ , 2002, upon consmeranon otthe attached Custody Conciliation Report, it is: ordered and directed as follows: 1. The Mother, Patricia C. Potteiger, and the Father, Thomas I. Smith, shall have shared legal custody ofKayla N. Smith, bom July 26, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Both parties shall have equal access to all records pertaining to the Child, including medical and school records. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child every weekend (except as provided in subparagraph B) from Friday at 5:00 p.m., when the Father shall pick up the Child at day care through Sunday at 5:00 p.m., if the Father is transporting the Child to the Mother's residence or until 4:00 p.m., if the Mother is picking the Child up at the Father's residence. The Father's weekend periods e,f custody shall begin on Friday, March 1, 2002. B. The Mother shall have custody of the Child for one weekend every two months from Friday through Sunday upon providing two weeks advance notice to the Father. When the Mother exercises her right to a period of weekend custody, the parties shall schedule a makeup period of two consecutive overnights for the Father as close as possible to the missed weekend period of custody. C. The Mother shall also have custody of the Child at all other times not otherwise specified for the Father under this Order. 3. The parties shall have custody of the Child on holidays as follows: A. ~HRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 9:00 a.m. and the Father shall have custody from Christmas Day at 9:00 a.m. through December 26 at 5:00 p.m. if the Father transports the Child to the M ' ' at the Father's residence, other s residence or 4:00 p.m. if the Mother picks up the Child B..THANKSGIVING/EASTER: The parties shall equally share having custody of the Child on Thanksgiving and Easter each year, with the specific times for exchanges to be arranged by agreement. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day beginning at 9:00 a.m. The Father shall have custody of the Child every year on Father's Day and the Mother shall not select the Father's Day weekend as a period of regular custody under paragraph 2B of this Order. D. REMAINING HOLIDAYS: The parties shall share or alternate having custody of the Child on the remaining holidays as arranged by agreement. 4. Each party shall be entitled to have custody of the Child for a vacation each year for t~vo non-consecutive weeks, upon providing 3 weeks advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of dates under this provision. 5. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party of the address and telephone number where the Child can be contacted. 6. Neither party shall do or say anything which may estrange the Child fi-om 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. 7. 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: Gerald S. Robinson, Esquire - Counsel for MotHer Theresa Barrett Male, Esquire - Counsel for Father BY THE COURT, PATRICIA C. POTTEIGER, Plaintiff vs. : 02-493 : IN CUSTODY THOMAS I. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 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 Kayla N. Smith DATE OF BIRTH CURRENTLY IN CUSTODY OF July 26, 2000 Mother 2. A Conciliation Conference was held on February 27, 2002 with the following individuals in attendance The Mother, Patricia C. Potteiger, with her counsel, Gerald S. Robinson, Esquire, and the Father, Thomas I. Smith, with his counsel, Theresa Barrett Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date O " Dawn S. Sunday, Esquire Custody Conciliator PATRICIA C. POTTEIGER PLAINTIFF V. THOMAS I. SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-493 CIVIL ACTION LAW 1N CUSTODY O.____~ER OF C__OURT AND NOW, Tuesday, May 11, 2004 , 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, Meehaniesbur§, PA 17055 on Tuesday, June 01, 2004 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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 annference 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/ Dawn S. Sunday, Esq. Custody Conciliator mhc 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 ATI'ORNEY 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 17(1,13 Telephone (717) 249-3166 PATRICIA C. POTTEIGER Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-493 CIVIL ACTION LAW THOMAS I. SMITH : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Z "l ~ day of ,,Too-/¢,. , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 4, 2002 shall continue in effect as modified by this Order. 2. Paragraph 2 of the March 4, 2002 Order is vacated and replaced with the following: The Father shall have physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 7:00 p.m. and, once :in every 2 week period upon providing at least 24 hours advance notice to the Mother, for up to 48 hours during the week when the Father is not working. The alternating weekend periods of custody shall begin with the Father having custody of the Child on Friday, June 18, 12004. The Mother shall have custody of the Child at all times not otherwise specified for' the Father. 3. Paragraph 3A of the March 4, 2002 Order is vacated and replaced with the following: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall mn from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall mn from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and Mother shall have custody during Segment B. 4. Within six months of the date of this Order, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to review the modification to the weekend custody schedule provided[ in this Order. 5. This Order is entered pursuant to an agreement of the ptmies 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. BY THE CO!drRT, ~ J. Wesley Ole~r. J. ce~ Gerald S. Robinson, Esquire - Counsel for Mother Thomas I. Smith, Father Gerald S. Robinson, Esquire 4407 North Front Street P. O. Box 5320 Harrisburg, PA 17110 Thomas I. Smith 25 Army Heritage Drive Carlisle, PA 17013 PATRICIA C. POTTEIGER Plaintiff VS. THOMAS I. SMITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-493 CIVIL ACTION LAW IN CUSTODY' Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: NAME Kayla N. Smith The pertinent information concerning the Child who ils the subject of this litigation is as DATE OF BIRTH CURreNTLY IN CUSTODY OF July 26, 2000 Mother 2. A conciliation conference was held on June 15, 2004, with the following individuals in attendance: The Mother, Patricia C. Potteiger, with her counsel, Gerald S. Robinson, Esquire, and the Father, Thomas I. Smith, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator