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HomeMy WebLinkAbout06-2422 DANIEL SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 61. .2 '1.22.- CIVIL TERM ELIZABETH SMITH, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT 1. Plaintiff is Daniel Smith, who currently resides at 307 E, Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Elizabeth Smith, who currently resides at 1660 E. Caracas Avenue, Hershey, Dauphin County, Pennsylvania 17033-1109. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. COUNT I - CUSTODY 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of the following children: Name Address DOB Asher Smith 1660 E, Caracas Ave. Hershey, P A 17033 12/24/1998 Lydia Smith 1660 E. Caracas Ave. Hershey, PA 17033 6, The children were born in wedlock, 04/01/2003 7. The children are presently in the primary custody of Elizabeth Smith, 1660 E. Caracas Avenue, Hershey, Dauphin County, Pennsylvania. 8, During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Daniel and Elizabeth Smith 28 S. Market Street Mechanicsburg, P A 17055 Daniel and Elizabeth Smith 307 E. Main Street Mechanicsburg, P A 17055 Daniel Smith 307 E. Main Street Mechanicsburg, P A 17055 Elizabeth Smith 1660 E. Caracas Ave. Hershey, PA 17033 Date Birth to 2002 2002 to December 2005 December 2005 to April 23, 2006 April 23, 2006 to Present 9, The father of the children is Plaintiff, Daniel Smith, who currently resides at 307 E. Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 10. The mother of the children is Defendant, Elizabeth Smith, who currently resides at 1660 E. Caracas Avenue, Hershey, Dauphin County, Pennsylvania. 11. The mother and father of the children are currently married pending a final divorce decree. 12. The relationship of Plaintiff to the children is that of Father. 13. The relationship of Defendant to the children is that of Mother. 14. The Defendant currently resides with her mother. 15. The 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 any other court, 16, The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The 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. 18. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Father has been the primary caregiver of the minor children since their birth. He has: i.Planned and prepared meals; ii.Bathed, groomed and dressed the children; iii.Purchased, cleaned and cared for the children's clothing; iv.Arranged medical care, including trips to physicians; v.Arranged alternative childcare; vi.W orked an afternoon/evening shift so that he could maintain his ability to be the primary caregiver of the children until such time as they each entered school. b. The children have a psychological bond with their Father. c. Father is able to provide a stable environment for the children. d. Father and Mother had been exerclsmg a verbal custody agreement whereby: I. During the months of October and November, 2005, Father and Mother alternated custody every two weeks pursuant to Mother residing in the Mechanicsburg school district until her relocation to Hershey beginning December 2005. H. In December 2005, Father maintained primary physical custody of the children. HI. Mother was given leave to VISit every evenmg at Father's residence during the time in which Father would be working and paternal grandmother was babysitting. IV, Mother had weekend visitation, if she so desired, ending Sunday morning to allow the children to attend religious services. e. In December 2005 Mother relocated to Hershey, moving in with her mother. f. It is believed, and therefore averred, that maternal grandmother has displayed physically abusive behavior towards the children in the past. g. At the conclusion of Mother's weekend visitation, ending April 23, 2006, Mother refused to return the children to Father as had been verbally agreed upon. h. On Monday, April 24, 2006, Mother withdrew Asher Smith, age seven (7), from his school in Mechanicsburg, without the consent of Father and agalllst the advisement of the school's principal, and enrolled him III an elementary school located in the Hershey school district. 1. Father is without the knowledge as to daycare accommodations for Lydia Smith, age three (3), and has been refused such information by Mother. J. It is believed, and therefore averred, that Mother intends to engage Lydia Smith in a daycare facility or private babysitter despite Father's availability to provide such care during Mother's working hours, k. Mother's residence does not provide adequate living space for the children, whereby the children must share a bed with the mother or grandmother or sleep on the floor. \. It is important to Father that both he and Mother maximize on the opportunities to spend time with the children as had been available during the verbal custody agreement exercised prior to Mother's removal of the children from Father's home. m, It is in the best interest of the child, Asher Smith, to be returned to his former school district where he is familiar and comfortable with the faculty and students. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant the following relief: a. Grant primary physical custody of the children to the Plaintiff/Father; b. Grant Defendant/Mother partial physical custody of the children; and c. Grant Plaintiff/Father and Defendant/Mother shared legal custody. Respectfully submitted, ABOM & KUTULAKlS, L.L.l'. DATE ,.d1-6 {o,", ~g:::N~ ~w M ID No. 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, DANIEL SMITH, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. 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 ({/2- (00 ITH DANIEL SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. CIVIL TERM ELIZABETH SMITH, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 28'h day of April, 2006, I, Darlene F. Mellinger, Legal Assistant for Abom & Kutulakis, hereby certify that I did serve a true and correct copy of the foregoing Complaint for Custody on the Defendant by depositing, or causing to be deposited, same in the u.s. mail, postage prepaid, addressed as follows: By First-Class, Regular and Certified Mail: Elizabeth Smith 1660 E. Caracas Avenue Hershey, PA 17033-1109 ~jgj7/(~ Da lene F. Mellmger (j( i~ '-., ~, 'J' ,,' " ~ ~ 'J -s.~ ('- ~ V\~- ~ ~\ 'J ~ \'i '\ \ \ ~ " ,\ ~, ~\ \ I:i ~ \,~ (...., ;'.'.; ,'-) ~ '--01 '. :".:J . DANIEL SMITH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 06-2422 CIVIL ACTION LAW ELIZABETH SMITH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, May 08, 2006 , 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 MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Thursday, Jnne 08, 2006 at 2:30 PM 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: IsI Melissa P. Greevy, Esq. Custody Conciliator tyiL 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 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 HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ r :t'- ~. ~ a'JrJ.g.9 .~;i! ,~r..'" ~ 'kJ. H ~ P $ m-: 4; -1"'/ V-Jl f VI~V/D;\?~N3d AlNnOd' ,.: ".,' l"Td"'n" , ,..__.,,/111 v SZ :~ Wd B- A VW 9002 Al:N1ONOr'J.O!:Jd 3H1:10 "301:1:\0-.0311:1 _."_._.~~-_._---~--_.._---~~ - /- "_. - '. 7 Plaintiff JUN E 111(,S . ' i IN THE COURT OF COriMCiN~i.:~-OF~ CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2422 CIVIL TERM CIVIL ACTION - LAW ELIZABETH L. SMITH, v. DANIEL J. SMITH, IN CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this 1.7"' day of June, 2006, upon consideration of the Custody Conciliation Summary Report, and the Court having taken judicial notice that Mother had filed a Custody Complaint at 06-2411, the matters complained of at this docket number shall be consolidated and treated as a counter-claim in the custody matter pending at 06-2411, BY THE COURT: '\~ J. Dist: yI!1G;ne S, Baker, Esquire, 27 S, Arlene Street, Harrisburg, PA 17112 yl'Eara W, Haggerty, Esquire, Abom & Kutulakis LLP, 36 S, Hanover Street, Carlisle, PA 17013 :277211 D\J ,~ \)~ -0................. " , :,'):1:) r:0 :i] lid LZ, f g:,QZ Ab'/L~~'; 11-' ::::'0