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HomeMy WebLinkAbout02-0894LAW OFFICES SNELBAKER. BRENNEMAN & SPARE MARY W. TARK, Plaintiff, VS. EVELYN KAREN ROGERS SMITH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 02- ~C~// CIVIL TERM CUSTODY OF MINOR CHILD COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, MARY W. TARK, by her attorneys, Snelbaker, Brenneman & Spare, P.C., and avers the following: 1. The Plaintiff is Mary W. Tark, an adult individual residing at 1390 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is Evelyn Karen Rogers Smith, an adult individual residing at 300 East 13th Street, Apartment 502, Woodbine, Georgia 31569. 3. Plaintiff seeks to confirm legal and physical custody of the following child: Present Residence malTle TYLER WAYNE CHANCEY 1390 Simpson Ferry Road New Cumberland, PA 17070 The child was bom in wedlock. Age 12 years (D.O.B.: 2/11/90) The child is presently in the custody of Plaintiff at the residence listed in Paragraph 1 above. During the last five (5) years, the child resided with the following persons and at LAW OffICES SNEIBAKeR BRENNEMAN & SPARE the following addresses: (1) Persons Addresses Plaintiff and her husband, 1390 Simpson Ferry Road Kyung J. Tark New Cumberland, PA Dates. 1990 to present currently resides with the following persons: Name Tyler Wayne Chancey Kyung Tark The mother of the child is the Defendant, Evelyn Karen Rogers Smith. The father of the child is Ronald Wayne Chancey, who died as a result of an automobile accident in Georgia on January 30, 2002. The mother and father were divorced by Final Judgment and Decree dated May 27, 1992 in an action docketed in the Superior Court for the county of Pierce, State of Georgia in Civil Action File No: 91 CV-165. A copy of said Final Decree and Judgment is attached hereto as Exhibit "A". The final Decree provides, in pertinent part: "Permalaent LEGAL custody of the minor child of the parties, namely; TYLER WAYNE CHANCEY, born February 11, 1990, is hereby awarded to the Pl~tintiff, RONALD WAYNE CHANCEY, subject to reasonable visitation rights for the Defendant." The relationship of Plaintiff to the child is that of paternal grandmother. She Relationship Grandson Spouse 5. The relationship of Defendant to the child is that of mother. She currently resides with unknown persons in Georgia. 6. Plaintiff has not participated as a witness in other litigation concerning the -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE custody of the child in another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff is not aware of any other custody proceedings in any other jurisdiction, except for the Final Decree mentioned in Paragraph 3 above. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has provided a stable and permanent home environment for the child for more than ten (10) years. Both before and after the untimely death of the child's father, Plaintiff has demonstrated that she is uniquely qualified, willing and able to properly care for the child. The child has special needs which are being addressed by the Plaintiff, the West Shore School District and other local providers of such services. 8. Each parent whose parental rights to the child have not been terminated and the ~erson who has physical custody of the child have been named as parties to this action. All other ~ersons, named below who are know to have or claim a right to custody or visitation of the child rill be given notice of the pendency of this action and the right to intervene: None. 9. Plaintiff has genuine care and concem for the child. 10. Plaintiff's relationship with the child began with the consent of a parent. 11. Plaintiff'has assumed the role and responsibility of the child's parent by providing -3- LAW OFFICES SNELBAKER. BRENNEMAN & SPARe for the physical, emotional and social needs of the child for more than ten (10) years. Plaintiff has assumed responsibility for the child because said child would be substantially at risk due to parental abuse, neglect and other reasons. Defendant is unable to properly care for the child. Defendant has had ver~ little interaction with the child over the past ten (10) years. WHEREFORE, Plaintiff requests your Honorable Court to confirm and grant her sole legal and physical custody of TYLER WAYNE CHANCEY. Date: ~ ~/ 2002. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: ~'Phil(~ H~ire Pa. Supreme Court I.D. No: 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff -4- IN THE SUPERIOR COURT FOR ~IE COUITI~ OF PIERCE, STATE OF GEORGIA RONALD WAYNE CHANCEY, Plaintiff, Vs., EVELYN KAREN CIIARCEY, Defendant CIVIL ACTION, . COMPLAINT FOR DIVORCE FINAI.~ JUDGHENTAND DECREE The above and foregoing matter coming on to be heard at this time, no issuable defense having been filed by the Defendant, and more than forty-five (45) days having elapsed from the time the complaint was served on the Defendant; and upon consideration of this case upon evidence submitted as provided by law, it is the Judgment of the Court that a total divorce be granted, that ks to say a divorce a vinculo matrimonii to the parties, upon legal principles. And it is CONSIDERED, ORDERED and DECREED by the Court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and ,is set aside and dissolved as fully and effectually as if no such contract had ever been 'made or entered into and Plaintiff and Defendant, fo£merly husband and wife, in the future shall be held and considered as separate and distinct persons altogether un- connected by any nuptial union or civil contract whatsoever, and both shall have the right to remarry. · Permanent LEGAL custody of the minor child of the parties, namely; TI~.~R WAFNE CHANCE~, born February 11, 1990, is hereby I. of,c, EXHIBIT A ')f-- GEORGIA, PIERCE COUNTY. Personally appeared RONALD WAYNE CHANCEY before the under- signed officer duly authorized to administer oaths, who, after being sworn deposes and on oath says: On May 27, 1992, I was granted a divorce from my wife in the Superior Court of Pierce County, Georgia. A copy of said Final Judgment and Decree is attached to this affidavit. Said Decree vested legal custody of my minor child, Tyler Wayne Chancey, in myself. I hereby grant unto my mother, Mary Tark, the right ~o assist in the rearing and supervision of said minor child, including the right to seek medical attention for th~ child, or anything else necessary or needful for the up- bringing of said child. Sworn to and subs!cribed before me, this 27th day of May, 1992. NotaWy ~Pu51ic: ' J ~ ' Exhibit A (P. 2 of 2) LAW OFFICES SNELBAKER, BRENNEMAN & SPARe 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. Date: February 20 ~002. MARY W. TARK PLAINTIFF V. EVELYN KAREN ROGERS SMITH DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-894 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Tuesday, February 26, 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, Mechaniesbur§, PA 17055 on Thursday, March 21, 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 hear/ng. 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 MARY W. TARK, Plaintiff : : vs. : 02-894 : EVELYN KAREN ROGERS SMITH, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2~ day of __~O~)~._ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Paternal Grandmother, Mary W. Tark, shall have sole legal and primary physical custody of Tyler Wayne Chancey, bom February 1 I, 1990. 2. The Mother, Evelyn Karen Rogers Smith, may have periods of supervised visitation with the Child as arranged by agreement of the parties. cc: Philip H. Spare, Esquire - Counsel for Paternal Grandmother Evelyn K.Rogers Smith, Mother MARY W. TARK, Plaintiff VS. EVELYN KAREN ROGERS SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-894 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCH,IATION 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler Wayne Chancey February 11, 1990 Plaintiff-Paternal Grandmother 2. A Conciliation Conference was held on March 21, 2002, which was attended by the Paternal Grandmother, Mary W. Tark, and her counsel, Philip H. Spare, Esquire. The Mother, Evelyn Karen Rogers Smith resides in Georgia and did not attend the Conference or contact the Conciliator. The Paternal Grandmother's counsel served the Mother with notice by restricted certified mail accepted by the Mother on March 6, 2002. The biological Father of the Child is deceased. 3. The Paternal Grandmother stated at the Conference that the Child, who is now 11 years old, has resided with her for over 10 years. She indicated further that the Child has had contact with the Mother 4 times in the last 10 years, with the most recent time being at the Father's funeral on February 2, 2002. The Grandmother spoke with the Mother by telephone prior to the Conference but indicated that the Mother did not raise an objection to the Grandmother's request for custody during that conversation. The Child is in the 6th grade at Lemoyne Middle School. According to the Grandmother, the Child is doing well in school and is involved in many activities. The Child has special needs resulting from a form of autism which require that he maintain a strict regular routine. The Grandmother expressed concerns regarding the Mother's ability to provide proper care for the Child and to ensure his safety and well-being. Date 4. The Conciliator recommends an Order in the form as attached based upon representations made by the Paternal Grandmother and the fact that the Mother did not attend the Conference or contact the Conciliator. Dawn S. Sunday, Esquire 0t Custody Conciliator