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Home My WebLink About05-5351 McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.5-..5 35'1 MARK C. SMITH, v. JENNIFER ANDERSON, Defendant CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 717-249-3166 McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney 10 No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O!>- v 5 35' J ~ J.P- MARK C. SMITH, v. JENNIFER ANDERSON, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Mark C. Smith, residing at 5010 Derry Street, Apartment 2, Harrisburg, Dauphin County, Pennsylvania. 2. The Defendant is Jennifer Anderson, residing at 18 Rockway Drive, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks legal custody and partial physical custody of the following child: Name Present Residence Date of Birth Brennan Michael Anderson 18 Rockway Drive Camp Hill, PA 5/7/02 4. The child was born out of wedlock. 5. During the past three years, the child has resided with the following persons at the following addresses: List All Persons List All Addresses Dates Jennifer Anderson Callie Anderson The Pines Apartments Middletown, PA 5/02-7/02 Mark C. Smith Jennifer Anderson Callie Anderson 2900 Butler Street Harrisburg, PA 7/02-6/04 Mary Fran Forbes Jennifer Anderson Callie Anderson Camp Hill, PA 6/04-9/05 Jennifer Anderson Callie Anderson 18 Rockway Drive Camp Hill, PA 9/05-presnet 6. The mother of the child is Defendant currently residing at 18 Rockway Drive, Camp Hill, Cumberland County, Pennsylvania. She is not married. 7. The father of the child is Plaintiff currently residing at 5010 Derry Street, Apartment 2, Harrisburg, Dauphin County, Pennsylvania. He is not married. 8. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship No one 9. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Callie Anderson daughter Brennan Anderson son - 2 - 10. 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. 11. Plaintiff has no information of the custody proceeding concerning the child pending in a Court of this Commonwealth. 12. Plaintiff does not know of a person nor 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: (a) Father and the child have a very strong bond; (b) Mother has scheduled activities for the child during Father's Wednesday night custody period; and (c) Other reasons which may more fully appear at hearing. 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. No other persons are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff requests the Court to grant him joint physical and legal custody of the child. McNEES WALLACE & NURICK LLC By p~ l.~ Pamela L. Purdy Attorneys for Plaintiff Dated: October 11, 2005 - 3 - VERI FICA TION Subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: V ( ~ I D, 2CfJS A~$ Mark Smith CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 11th day of October, 2005, a true and correct copy of the foregoing document was served by certified first-class mail, return receipt requested, restricted delivery, upon the following: Jennifer Anderson 18 Rockway Drive Camp Hill, PA 17011 P~L~f-Y Of Counsel for Plaintiff ~f ~ ~. ~ ~ i:ct -J ~ ""6' :::::::. .-......... V\ (j n ~; ,..., C:.:> <':::1 c.n a C"; -1 o " ::;j f~'lFD N -n ~" (.,) >:; :t -: en (..n MARK C. SMITH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE\lNSYL VANIA v, 05-5351 CIVIL ACTION LAW JENNIFER ANDERSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _.___._.Thursday, October:}O, ~005__._.________, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at_____M!?~ Mi!nlove's! 1901 State St., Cal!!.PJ!-i!!~~_~2011. on Friday, November 11, 2005 at _}.-:OO._!,M 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 accompl ished, 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 pluties 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/ Melissa P. Greevy, Esq. Custody Conciliator r1r(\ 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 comi, 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL TIELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3 166 ~ fa? ~. ~ L~?50. or::: 0/ .#p?! ~ ~lt.__>9"(/0 0/ ~ ,fz~ p. #fT~~~~)' rv .5c7 e7CO' {7/ , ..' .'~: , '1 I 01 : 1 '. ',",. . ~I ::.; \ L :; . McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5351 MARK C. SMITH, v. JENNIFER ANDERSON, Defendant CIVIL ACTION - LAW IN CUSTODY PROOF OF SERVICE I hereby certify that a true and correct copy of the Custody complaint in the above matter was served on the Defendant, Jennifer Anderson, by certified mail, restricted delivery, return receipt requested on October 25, 2005, see Exhibit "A" attached. The Custody Complaint was received and signed for by the Defendant on November 14, 2005. The original of the return receipt is attached hereto as Exhibit "B". McNEES WALLACE & NURlCK LLC (2' By Pamela L. Purdy Attorneys for Plaintiff Dated: November 7,2005 , 7160 3901 9848 7302 7399 TO: Jennifer Anderson 18 Rockway Drive Camp Hill, PA 17011 SENDER: 244 REFERENCE: 24055-1 PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE /0 e Restricted Delivery Total Posta '1..ru US Postal Service POS~Ai<OR DA i- .()~t\ I"~ -" >:.\ "--. .,) -.- "J I, : "'! '. l ''''1 r" '., JV' ;' '1, 1(0 /~; /~\ / ',-. .-.~\\ 'c/;,,'!tlb ' Receipt for Certified Mail No In$urance Coverage Provided Do Not Use lor International Mail EXHIBIT "A" . 2. Article Number 11111111111111111111111 7],1.1I 3'1]1 'Ill~1 7302 73'1"1 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 1. Article Addressed 10: [Xlves :Si90~C//' O. Is delivery address different from item 17 II YES, enter delivery address below: e erence n orOla on 24055-1 244 ~nt o Addressee DYes ONo Jennifer Anderson 18 Rockway Drive Camp Hill, PA 17011 PS Form 3811, July 2001 Domestic Return Receipt EXHIBIT "B" (") ~~.~ < '~;'y ! ""'-'""'r' ~c~ .~.~ .-r I '; '~ \ C') "-:.J ~? {:::~ 'tJ ::.-: .~. 6 /1-/$ -'-',.,,, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5351 CIVIL TERM MARK C. SMITH, v. CIVIL ACTION - LAW JENNIFER ANDERSON, IN CUSTODY Defendant ORDER OF COURT AND NOW, this ') ;e;f day of November, attached Custody Conciliation Summary Report, it is follows: 2005 upon consideration of the hereby ordered and directed as 1. Leqal Custody. The parties, Mark C. Smith and Jennifer Anderson, shall have shared legal custody of the minor child, Brennan Michael Anderson, born May 7, 2002. 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 his health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing Friday, November 11, 2005, on alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m. B. Each Thursday commencing at 6:00 p.m. C. Commencing November 22, 2005, on alternating Tuesdays commencing at 6:00 p.m. D. Return time for Tuesdays and Thursdays will be the same as it had been for Wednesdays before the child began attending the activity at church on Wednesdays. NO. 05-5351 CIVIL TERM 3. Holidays. The attached holiday schedule shall take precedence oyer the regular schedule. In addition, the parties will alternate trick or treat night with Mother haYing trick or treat night in odd-numbered years and Father having trick or treat night in even- numbered years. In 2005, Father's Thanksgiving holiday shall commence at 3:00 p.m. Thanksgiving Day and continue until 7:00 p.m. Sunday (November 27). 4. Vacation. Each parent shall be entitled to up to two weeks of custody for purposes of summer vacation to include their custodial weekend. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. Within forty-eight hours in advance of departing for the vacation the parties will provide each other with their itinerary, cell phone and landline contact numbers during the vacation. 5. Telephone Contact. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. 6. Transportation. The parent receiving the child shall provide transportation incident to the custodial exchanges. 7. Brennan will be enrolled in daycare in the 2006/2007 academic year. The parties will jointly participate in the selection of the provider. BY J. Dist: Mary A. Etter-Dissinger, Esquire, 28 N. 320d Street, Camp Hill, PA 17011 Pamela L. Purdy, Esquire, 100 Pine Street, PO Box 1166, Harrisburg, PA 17108.1166 .~ __".;;_-' /1_;1.,0/ ""J'Y~l '+ L S :2 l;:.~ S2 FIC:.J SSDl ,JH1 :!O NO. 05-5351 CIVIL TERM HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Memorial Day From 6pm the evening before the holiday Father Mother to 6pm the day of the holiday Independence Day From 6pm the evening before the holiday Mother Father to 6pm the day of the holiday Labor Day From 6pm the evening before the holiday Father Mother to 6pm the day of the holiday Thanksgiving 1 sl Half From 6pm the evening before Mother Mother Thanksgiving to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to 8pm Father Father the day after Thanksgiving Day Christmas 1s1 Half From 9am on 12/24 to noon on 12/25 Father Mother Christmas 2nd Half From Noon on 12/25 to noon on 12/26 Mother Father Mother's Day From 6pm the evening before the holiday Mother Mother to 6pm the day of the holiday Father's Day From 6pm the evening before the holiday Father Father to 6pm the day of the holiday :263194 L H .[,'} ff-" ;15 - Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5351 CIVIL TERM MARKC. SMITH, v. JENNIFER ANDERSON, CIVIL ACTION - LAW IN CUSTODY Defendant 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 DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Brennan Michael Anderson May 7, 2002 Mother 2. Father filed a Complaint for Custody on October 12, 2005. A Conciliation Conference was held on November 11, 2005. Attending the Conciliation Conference were: the Father, Mark C. Smith, and his counsel, Pamela L. Purdy, Esquire; the Mother, Jennifer Anderson, and her counsel, Mary A. Etter Dissinger, Esquire. The parties reached an agreement with regard to holidays, transportation, daycare enrollment for 2006, vacation, legal custody and for the start and end time of custodial weekends for Father. The parties did not reach an agreement with regard to the weeknight schedule or the arrangements for the weekend periods of custody. 3. Father's Position on Custody is as Follows: Father seeks to have his custodial schedule with Brennan match up with the schedule which he has with his 11 year old daughter, Ashton. Father would like alternating weekend periods of custody commencing November 11, 2005 so that he has both children on the same weekends. Father also would like to change his weeknight periods of custody to Tuesdays and Thursdays because Mother has enrolled Brennan in a church program which goes from 6:30 p.m. to 8:30 p.m. on Wednesdays, his previous weeknight period of custody. Father acknowledges that he is seeking a predictable schedule so that he can earn extra income on the evenings and weekends when he does not have custody of the children. He is presently employed full- time from 7:30 a.m. to 4:30 p.m. 4. Mother's Position on Custody is as Follows: Mother would like to have the weekend periods of custody switched so that she can have a schedule arranged so that the weekends during which she has to work, occur on Father's custodial weekends. Mother .. NO. 05-5351 CIVIL TERM recently took a new position which requires her to work Saturday and Sunday on one weekend which has occurred approximately one time each four weeks. The weekend that she works does not fall consistently on a given weekend and the weekend during which she must work could change by reason of other employees taking time off work. Mother would like Father to switch the weekend schedule so that both of her children are on the same weekend schedule and so that the weekends that she has custody are also weekends when she is not working. As it stands right now, she has been at the job two months and twice has had to work on one of her custodial weekends. Date ///;1/()r;- , ~ Melissa Peel Greevy, Esq Custody Conciliator ead:263160