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HomeMy WebLinkAbout04-5402ROBERT J. SMITH, Plaintiff VERNA STRAWCUTTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O~/-O-'/°'z CivilTerm IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Robert J. Smith, who currently resides at 521 Liggett Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Vema Strawcutter, who currently resides at 502 Sycamore Street, Apartment B28, Panxsutawney, Jefferson County, Pennsylvania. 3. Plaintiff seeks primary custody of the following child: NAME DOB ADDRESS Alexander Joseph Strawcutter 5/3/01 521 Liggett Road Carlisle, Pa. 17013. The child was bom out of wedlock. Father currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Robert J. Smith 521 Liggett Road 10/24/04 to present Petra Smith Carlisle, Pa. 17013 (Paternal grandmother) Stacy and Tracy Address unknown 9/10/04 - 10/24/04 (maternal cousins, last name unknown) Vema Strawcutter 502 Sycamore St. Birth to 9/10/04 Punxsutawney, Pa. 15762. The mother of the child is: Verna Strawcutter, 502 Sycamore Street, Apartment B28, Punxsutawney, Jefferson County, Pennsylvania, 15762. She is not married. The father of the children is: Robert J.Smith, 521 Liggett Road, Carlisle, Cumberland County, Pennsylvania, 17013. He is not married. 4. The relationship of Plaintiff to the children is that of Father. The persons that the Plaintiff currently resides with are: the child, and the child's paternal grandmother. 5. The relationship of defendant to the children is that of Mother. The defendant currently resides alone. 6. 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. There is no current custody order regarding the child. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who 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: In September 2004, Jefferson County Children and Youth opened a case regarding Alexander J. Strawcutter. Alexander had been living with his mother in Jefferson County and Father had very little contact with him. The Agency issued a letter to Mother on September 10, 2004, indicating that a case would be opened for services due their concerns. After receipt of this letter, Mother voluntarily allowed the child to live with her cousins for approximately six weeks. During this time, she had unsupervised visitation with the child. Father was not immediately aware that the child was residing with mother's cousins. Once he found out, he requested custody of the child. On October 24, 2004, Mother agreed to let Father assume primary physical custody of the child. Upon receiving physical custody, Father noticed bite marks and a rash on the child. He took the child to Punxatawney Area Hospital for treatment. Jefferson County Children and Youth Services was subsequently notified and a child abuse investigation is currently ongoing regarding Mother. Jefferson County Children and Youth Services has not petitioned for a finding of dependency. Father is willing and able to take the child and he can provide adequate care for the child. Father currently lives with his parents at a residence in the Carlisle Barracks. He is capable of providing a stable environment and proper care for the child. Paternal Grandmother is available to provide care for the child while Father is working. The Father is seeking an Order granting him primary custody of the child and requests supervised visitation for Mother pending to the ongoing child abuse investigation. 8. 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. WHEREFORE, Plaintiff requests the court to grant custody of the child. Date: Respectfully submitted, ~oNu~7p9i4t t658 t ~e ~t Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this 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 unswom falsification to authorities. Date: ert J. smith, Plaintiff ROBERT J. SMITH, Plaintiff VERNA STRAWCUTTER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. Civil Term : IN CUSTODY PETITION FOR SPECIAL RELIEF 1. Plaintiff is Robert J. Smith, (hereinafter referred to as "Father"), who currently resides at 521 Liggett Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Vema Strawcutter, (hereinafter referred to as "Mother"), who currently resides at 502 Sycamore Street, Apartment B28, Punxsutawney, Jefferson County, Pennsylvania. 3. Mother and Father are the natural parents 'of Alexander Joseph Strawcutter, (hereinafter referred to as "Child") and his date of birth May 3, 2001. 4. Since October 24, 2004, Father has had physical custody of the child. 5. On September 10, 2004, while the Child resided with Mother, Jefferson County Children and Youth Services opened a case for ongoing services. 6. On or about September 10, 2004, the child was voluntarily placed with Mother's cousins. Father was not initially notified of this placement. 7. After being notified that the Child was living with Mother's cousins, Father requested custody of the Child. 8. Jefferson County Children and Youth did not oppose Father's request for custody of the child. 9. On October 24, 2004, Mother voluntarily relinquished primary custody of the child to Father. Upon receiving physical custody, Father noticed bite marks and a rash on the child. ORIGINAL 10. Father immediately took the child to Punxatawney Area Hospital for treatment. Jefferson County Children and Youth Services was subsequently notified and a child abuse investigation is currently ongoing regarding Mother. 11. Jefferson County Children and Youth Services has not petitioned for a finding of dependency. 12. There is no custody order regarding the child and no petition for dependency has been filed in any county of the Commonwealth of Pennsylvania. 13. Although Jefferson County Children and Youth Se~wices has not petitioned for dependency, the caseworker did express concerns that there was no custody order regarding the child. 14. Father is willing and able to take the child and he can provide adequate care for the child. 15. Due to the fact that there is no current Order of Court regarding custody of the child, Father has serious concerns that Mother or another relative could remove the child from Father's care and custody- and take the child back to Jefferson County. 16. Due to the ongoing child abuse investigation regarding Mother, Father would be very concerned if the Child were to have unsupervised visitation with the child. 17. Father currently lives with his parents at a residence in the Carlisle Barracks. He is capable of providing a stable environment and proper care for the child. Paternal Grandmother is available to providing care for the child while Father is working. 18. The Father is seeking an Order granting him primary custody of the child and would request supervised visitation for Mother pending the ongoing child abuse investigation. WHEREFORE, Plaintiff requests an Order of Court granting him primary custody of the child pending a custody conciliation and/or further Order of Court. Respectfully submitted, (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this 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. o~be~~J. Smith, Plaintiff OOT 2 8 ROBERT J. SMITH, Plaimiff Vo VERNA STRAWCUTTER, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. Ot~,~O2(0 o~ Civil Term · 1N CUSTODY ORDER OF COURT AND NOW, this /- ~'~' day of ~ ~"~. ,2004, upon consideration of the Attached Petition for Special Relief, the following Order is hereby issued: 1. Pending a custody conciliation conference or further order of court in this matter, primary physical custody shall remain with Father. 2. The Court Administrator's office is directed to schedule an expedited conciliation conference to fully address the issues presented in this matter. 3. Pending a custody conciliation and/or until further Order of Court, Mother shall not have unsupervised visitation with the child. ROBERT J. SMITH : PLAINTIFF : : VERNA STRAWCUTTER : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5402 CIV1L ACTION LAW CUSTODY ORDER OF COURT AND NOW, Thursday, November 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 03, 2004 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. Ail children a~e five or older may also be loresent at the conference. Failure to avvear 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, Si~ecial Relief orders, and Custody orders to the conciliator 48 hours i~rior to scheduled hearing. FOR THE COURT, By: /s/ Httbert X, Giltoy, Esq. mhc 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 ROBERT J. SMITH, Plaintiff Vo VERNA STRAWCUTTER, Defendant · IN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PENNSYLVANIA · NO. 04 - '5402 Civil Term · IN CUSTODY ~AFFIDAVIT OF sERvicE AND NOW, this November 9, 2004, I, Jane Adams, Esquire, hereby certify that on October 30, 2004, a certified true copy of the Custody Petition and Petition for Special Relief was served, via certified mail, return receipt requested, addressed to: Verna Strawcutter 502 Sycamore Street, Apt Punxsutawney, Pa. 15762 DEFENDANT 7003 1010 Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 0004 ~ 7818 ROBERT J. SMITH, Plaintiff Vo VERNA STRAWCUTTER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 04 - 5402 Civil Term : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this November 16, 2004, I, Jane Adams, Esquire, hereby certify that on October 30, 2004, a certified true copy of the Order setting a Custody Conciliation Date Petition for Special Relief was served, via certified mail, return receipt requested, addressed to: Vema Strawcutter c/o Paul Strawcutter 420 1/2 Ridge Ave. Punxsutawney, Pa. 15762 DEFENDANT 7003 1010 0004 7818 .~~Respectfully Sub~mitte~l: D. No. 79465 ~qouth Pitt Street flisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 6848 JAN 1 n 1.0: ' ROBERT J. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW VERNASTRAWCUTTE~ Defendant NO. 04-5402 IN CUSTODY COURT ORDER AND NOW, this ~ day of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Courts prior order of October 29, 2004 is vacated and replaced with the following Order: 1. The father, Robert J. Smith, shall enjoy legal lmd primary physical custody of Alexander Joseph Strawcutter, born May 3, 2001. 2. The mother, Verna Strawcutter, shall enjoy periods of temporary physical custody of the minor child at such times and under such cir'cumstances as agreed upon by the father. 3. In the event that the mother desires more time with the child than the father is willing to allow, mother may file a petition with this Court to have the case again scheduled for a conference with the Custody Conc:iliator. BY THE COURT, cc: Jane Adams, Esquire Verna Strawcutter " ~' /W1..~ /-/3. (J.J, C)-. ,I 02:2 '.J. '" (, : ,. "..'f .,>,' I.., ; ROBERT J. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW VERNASTRAWCUTTE~ Defendant NO. 04-5402 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alexander Joseph Strawcutter, horn May 3, 2001. 2. A Conciliation Conference was held on January 6, ;W05 with the following individuals in attendance: The father, Robert J. Smith, with his attorney, Jane Adams. The mother did not appear even though there was service upon her. 3. The father has had custody of the child since the Fall. The mother has relocated to Texas.There is an existing Order limiting mother's time to supervised visitation. The mother did not appear at the conference. 4. The Conciliator recommends an Order in the form as attached. (-7-0 ~- DATE QIc (J Hubert X. Gilroy, Es Custody Conciliator