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HomeMy WebLinkAbout02-3903TINA M. SMITH, SHAWN M. SMITH, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW CUSTODY/VISITATION :NO. 02- SqO~ CIVILTERM.' '- COMPLAINT FOR CUSTODY ~ 1. The Plaintiffis Tina M. Smith, residing at 337 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Shawn M. Smith, residing at 134 North East Street, Carlisle, Ctunberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: NAME RESIDENCE DOB AGE Britney N. Smith 337 Old Mill Road, Carlisle, PA 17013 03/02/94 8 years 5. 6. addresses: The child was bom out of wedlock. The child is presently in the custody of plaintifE During her life, the child has resided with the following persons and at the following NAME ADDRESS DATES Tina M. Smith Katrina R. Gomik 337 Old Mill Road Carlisle, PA 17013 02/02 to Present Trna Smith Katrma Gomik 79 West Main Street Newville, PA 17241 10/00 to 02/02 Trna M Smith Katnna R. Gomik Shawn M. Smith 79 West Main Street Newville, PA 17241 07/00 to 10/00 Tina M. Smith Katrina R. Gomik Shawn M. Smith 76 Betty Nelson Corot, Lot 111 Carlisle, PA 17013 02/97 to 07/00 7. The mother of the child is Tina M. Smith, currently residing at 337 Old Mill Road, Carlisle, Pennsylvania 17013. She is married. 8. The father &the child is Shawn M. Smith, currently residing at 134 North East Street, Carlisle, Pennsylvania 17013. He is married. 9. The relationship of the Plaiotiffto the child is that of mother. The Plaintiffcurrently resides with the following persons: Britney N. Smith, Daughter Katrina R. Gomik, Daughter 10. The relationship of the Defendant to the children is that of father. The Defendant currently resides with the following persons: Unknown 11~ Plaintiffhas not participated as a party or wimess, or in another capacity, m other litigation concerning the custody of the child in this or another court. 12. Plaintiffhas no information ora custody proceeding concerning the children pending in a court of this Commonwealth. 13. Plaintiffdoes not know ora 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. 14. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiffhas undertaken and performed the primary parental responsibilities for the child; B. Plaintiffis best able to provide the cam and nurture which the child needs for healthy development; C. A Court Order of custody and structured visitation is desired so that the Plaintiffand the child may plan their schedules accordingly, and so that misunderstandings and unmet exceptions regarding custody and visitation can be avoided, and also so that the child is not used m a manipulative fashion; D. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child; E. A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I verify that the statements made in flae foregoing Complaint are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. CS §4904, relating to unswom falsification to authorities, ~ z ~ind M. Smith ' TINA M. SMITH, SI-IAWN M. SMITH, Plaintiff/Petitioner Defendant/Respondent : NO. 02- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION 3qo 5 Cr L TEm ORDER OF COURT AND NOW, this ! ~' ~' day of ~,~ ~ ,2002, upon consideration of the attached Petition, it is hereby ORDERED that the Petitioner is granted sole custody of the child. ~t,,~ /ev-~.~' The Respondent is ORDERED to not remove the child from Cumberland County, Pennsylvania. TINA M. SMITH, SHAWN M. SMITH, Plaintiff/Petitioner Defendant/Respondent 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. 02- CIVIL TERM EMERGENCY PETITION FOR SPECIAL RELIEF TO PREVENT REMOVAL OF CHILD FROM JURISDICTION 2. 3. 4. Petitioner is T1NA M. SMITH, plaintiff in the above-captioned matter. Respondent is SHAWN M. SMITH, defendant in the above-captioned matter. The parties are married, but have been separated since October 3, 2000. There is one (1) minor child of the marriage, BRITNEY N SMITH, age eight (8) years, date of birth: March 2, 1994. 5. The petitioner is simultaneously filing a Complaint for Custody. The petitioner has been the primary caregiver &the child. 6. The child has resided in the Carlisle, Cumberland County, Pennsylvania area her entire life. 7. 8. 10. 11. jurisdiction. 12. 13. The child's pediatrician is located in Cumberland County, Pennsylvania. The child's dentist is located in Cumberland County, Pennsylvania. The child's friends and playmates all reside in the Cumberland County area. Petitioner has a close and loving bond with the child. Petitioner believes that the respondent might be planning to take the child from the The respondent has an extensive criminal record, which includes crimes of violence. If respondent leaves the jurisdiction with the child, the petitioner will be denied her custody rights, and will be denied the comfort and companionship of the child. 14. If respondent removes the child from the jurisdiction, the child will be denied the comfort and companionship of the petitioner. 15. The removal of the child from the jurisdiction is not in the best interest and welfare of the child. 16. The petitioner will be irreparably harmed should the respondent remove the child from the jurisdiction. WHEREFORE, the petitioner respectfully requests that temporary and permanent injunctions be issued to prevent the respondent from removing the child from the jurisdiction until fuaher Order of this Court. Respectfully submitted, LAW OFFICES OF PAUL BRADFORD ORR Date: By: ~re~g. Cutler, Esquire Attomey for Plaintiff/Petitioner 50 East High Street Carlisle, PA 17013 Telephone (717) 258-8558 Supreme Court I.D. No. 73471 VERIFICATION I verify that the statements made in the foregoing Emergency Petition for Special Relief 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, Tina M. Smith''''~ TINA M. SMITH PLAINTIFF SHAWN M. SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3903 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 21, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 10, 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, Sl~eeial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ _[acqueline 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 heating. 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 TINA M. SMITH PLAINTIFF SHAWN M. SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-3903 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, September 04, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Giiroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 20, 2002 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. 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/ Hubert X. Gilroy, 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 heating. 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 Possible conflict. Jackie is sen TINA M. SMITH, SHAWN M. SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : CUSTODYMSITATION : NO. 02-3903 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 24th day of September, 2002, I, Gregory L. Cutler, attorney for Tina M. Smith, Plaintiff, in the above-captioned action, hereby swear that the Defendant,, Shawn M. Smith, was served a tree copy of the Custody Complaint and Petition for Special Relief to prevent removal of children from jurisdiction pursuant to Pa. R.C.P. 1930.4(2)(ii) by handing a copy of said documents to the front desk clerk of the Cumberland County Prison at 1101 Claremont Road, Carlisle, Pennsylvania. LAW OFFICES OF PAUL BRADFORD ORR Attomey for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. No, 73471 OCT 0 3 002 TINA M. SMITH, Plaintiff V SHAWN M. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 3903 CIVIL : IN CUSTODY COURTO~ER AND NOW, this ¥* day of Oc~6~- ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This court's August 15, 2002 Order is vacated. 2. The Mother, Tina M. Smith, shall enjoy legal and primary physical custody of the Britney N. Smith, born March 2, 1994. 3. The Father, Shawn M. Smith, shall enjoy periods of temporary physical custody with the minor child at such times and under such circumstances as the parties may agree. 4. This order is entered with the understanding that the Father was not in attendance at the custody conciliation conference. In the event the Father desires to modify this order, the Father may petition the court to have the case again scheduled with the conciliator. CCl Gregory L. Cutler, Esquire Shawn M. Smith Cmnberland County Prison BY THE COURT, TINA M. SMITH, Plaintiff SHAWN M. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 3903 CIVIL : IN CUSTODY Prior Judge: Kevin A. Hess 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: This case was assigned to the conciliator for a conference and a conference was scheduled. Notice of the conference was served upon the Defendant. Plaintiff's counsel indicates the Defendant is incarcerated. There is also a current order granting Plaintiff sole custody pending further order of this court. e Based upon the above, the conciliator recommends the entry of an order in the fox,ii as attached. DATE Uusbt~y~~oErsquire