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HomeMy WebLinkAbout02-2817STEPHANIE A. BURKEY, Plaintiff JAMES M. SMITH, Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O~3x- ~l, g l'3 CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY 1. Plaimiffis Stephanie A. Burkey, who curremly resides at 25 Falcon Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is James M. Smith, who curremly resides at 146 Lawn Road, Palmyra, Dauphin County, Pennsylvania. 3. Plaintiff seeks primary physical custody of the following child: NAME ADDRESS DOB Jenna M. Atanasoff 25 Falcon Court 12/28/93 Mechanicsburg, Pa. 17055 The child was bom out of wedlock. The child is in the custody of: Stephanie A. Burkey. During the past five years, the children have resided with the following persons and at the following addresses: NAME Stephanie Burkey Stephanie Burkey 25 Falcon Court Mechanicsburg, Pa. 17055 511 Erford Road Camp Hill, Pa. 17011 DATES May 2001 to present. birth - May 2001. The mother of the children is: Stephanie A. Burkey, currently residing at: 25 Falcon Court, Mechanicsburg, Pennsylvania. She is unmarried. The father of the children is: James M. Smith, currently residing at: 146 Lawn Road, Palmyra, Pennsylvania. It is believed that father is unmarried. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with Jenna M. Atanasoff. 5. The relationship of defendant to the children is that of Father. The persons that the defendant currently resides with are: Vicki Smith and her two sons. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the children or claims to have custody or visitation fights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: Mother has been the primary custody of the child since birth and can provide a loving and stable home for the child. 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 children. 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. Stel~hanie A. Burkey, Plaiqiff Respectfully submitted, k,, I.I~ No. 794'65 '3-6 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF STEPHANIE A. BURKEY PLAINTIFF V. JAMES M. SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-2817 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, June 12, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , thc conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday', July 16, 2002 at 10:30 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 thc issues to bc 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 thc 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/ Jacqueline M. Verney. 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 STEPHANIE A. BURKEY, Plaintiff V. ; .' JAMES M. SMITH, : Defendant : · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 2817 Civil Term CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE AND NOW, this June 24, 2002, I, Jane Adams, Esquire, hereby certify that on June 18, 2002, a tree and correct copy of the ORDER and CUSTODY COMPLAINT were served, via certified mail, restricted delivery, return receipt requested, addressed to: James Smith 146 Lawn Road Palmyra, Pa. 17078-8955 DEFENDANT Respectfully Submitted: Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF JUL STEPHANIE A. BURKEY, Plaintiff JAMES M. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-2817 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this day of ~ ,2002, upon consideration of the attached Custody Conl~liation Report, it is ordered and directed as follows: 1. The Mother, Stephanie A. Burkey, and the Father, James M. Smith, shall have shared legal custody of Jenna M. Atanasoff, bom December 28, 1993. 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. Mother shall have primary physical custody of the Child. Father shall have periods of partial physical custody as follows: A. Alternating weekends, from Friday at 7:00 p.m. to Saturday at 7:00 p.m. for two months or four periods of one overnight. B. After four overnights, alternating weekends, from Friday at 7:00 p.m. to Sunday at 5:00 p.m. C. During calendar year 2003, 2 non-consecutive weeks in the summer with 30 days prior notice. D. Such other times as the parties agree· 4. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. · 'S 5. Transportation shall be shared such that the parties shall meet at Sam Club parking lot on Chambers' Hill Road, Harrisburg at the exchange times, unless otherwise agreed by the parties. 6. The non-custodial parent shall have liberal telephone contact with the Child· 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: Jane Adams, Esquire, Counsel for Mother James M. Smith, pro se 146 Lawn Road Palymra, PA 17078 STEPHANIE A. BURKEY, Plaintiff Vw JAMES M. SMITH, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : 2002-2817 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY 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 Jenna M. Atanasoff DATE OF BIRTH CURRENTLY IN CUSTODY OF December 28, 1993 Mother 2. A Conciliation Conference was held in this matter on July 16, 2002, with the following individuals in attendance: The Mother, Stephanie A. Burkey, with her counsel, Jane Adams, Esquire and Father, James M. Smith, pro se. 3. The parties agreed to the entry of an Order in the form as attached. Date C uCsqt d n oMn il ae oreY, E squir e