HomeMy WebLinkAbout96-03274
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SHAWN MICHAEL SMF.LTZ, . IN THE COURT OF CCX>lMOO PLEAS OF
.
Plaintiff : CUMBERLAND CClUNTY, PENNSYLVANIA
vs. . NO. 96-3274 CIVIL TERM
.
.
.
NICOLE ANN NACE,
Defendant : IN CUSTODY
auJilR OP CXlllR'l' . '1
,- ''h
AND tuf, this ,'\ day of ...I.{,A...J',~ 1996, upon
consideration of the attach~ Conciliation Report, t s ordered and
directed lIS follows:
1. The Mother, Nicole Ann Nace and the Father, Shawn Michael
Smeltz, shall have shared legal custody of Shelby Jean Smeltz, born May 16,
1995.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on
alternating weekends, beginning July 19, 1996, fran Friday at 6:00 p.m.
until Sunday at 7:00 p.m. If the F3ther is not available at the beginning
of his weekend periods of custody due to his employment, the Father may make
arrangements with the paternal grandparents to care for the Child until the
Father is svailable. In sddition, the Father shall have custody of the
Child fnr two non-consecutive weeks each yesr upon providing thirty (30)
days notice to the Mother. These extended periods of custody shall not be
scheduled to conflict with the Mother's periods of holiday custody unless
the Mother agrees otherwise.
4. The Father shall have partial custody of the Child at such
additional times aa mutually agreed upon by the parties.
5. The parties shall share custody of the Child on the following
holidays: Memorial Day, July 4th, Labor Day, Thanksgiving Day and Easter
Sunday. The parties shall make arrangements for custody exchanges on these
holidays by mutual agreement.
6. On the Christmas holiday in each year, the Mother shall have
custody of the Child fran Christmas Eve at 12:00 noon until Christmas Day at
2:00 p.m. and the Father shall have custody fran 2:00 p.m. on Christmas Day
until 1:00 p.m. on December 26.
7. The Mother shall have custody of the Child on Mother's Day and
on the Mother's birthday in every year. The Father shall have custody of
thu Child on Father's day and on the Father's birthday in every year.
B.
Order shall
custody.
The party who is receiving custody of the Child under this
be responsible to provide transportation for the exchange of
9. Each party shall insure that the other party has a current
telephone number where he or she can be contacted.
.
.
10. The Father shall not transport the Child by truck for purposes
of his employment unless otherwise agreed hy the parties.
11. This Order is entered pursuant to an agreement of the parties
at a CUstody Conciliation Conference. The parties may modify the terms of
this Order by mutual agreement. In the absence of mutual agreement, the
provisions of this Order shall control.
BY THE COORT,
//
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ce: Thomas D. Gould, Esquire
Joan Carey, Esquire
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SHAD X. SMELTZ, I IH THE COURT or COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaiatiff I
I
V. I NO. 96-3274 CIVIL TBRM
I
NICOLI A. IIACB, I CIVIL ACTION - LAW
I
Delead. at \ CUSTODY ACTION
ORDBR or COURT
AND HOW this JP... day o~flIt~ ' 1996, after reviewing
the Custody Agreement filed in this matter it is hereby determined
that it is in the child's best interest that the Custody Agreement,
dated December 3, 1996, signed by the Plaintiff and Defendant, be
made an order of this court.
The Custody Agreement shall be
binding on each of the parties until such time that it is changed
by mutual agreement of the parties or by further order of this
court.
~
'\ J.
/
BY THE
,
. .
SHAWH MICHAEL SMELTZ,
PLAIN'l'IFF
v,
I
I
I
I
I
I
I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENHStLVANIA
No. 96-3274
NICOLS ANW NACE,
DEFENDANT
CIVIL ACTION - LAW
CUSTODY
CUSTODY AGREEMENT
THIS AGREEMENT, made this In..d day of %X;C'Q..-nh , 1996, by
and between Shawn M. Smeltz, hereinafter referred to as Father, and
Nicole A. Nace, hereinafter referred to as Mother.
WITNESSETH:
WHEREAS, Mother and Father are the parente of Shelby Jean
Smeltz, born May 16, 1995; and
WHEREAS, a prior Order of Custody was entered by the Court on
.Tuly 15, 1996;
WHEREAS, Mother and Father wish to enter into this Custody
Agreement to settle and resolve the outstanding issues regarding
the custody of their child;
NOW THEREFORE, it is agreed by the parties that:
1. The Mother and Father shall have shared legal custody of
Shelby Jean Smeltz, born May 16, 1995;
2. Father shall have primary physical custody subject to
Mother's periods of visitation and/or partial custody at times
mutually agreed upon by the parties, with reasonable advanced notice.
.
,
.. .
'.
3. The parties shall share custody of the Child on the
following holidays: Memorial Day, July 4th, Labor Day,
Thanksgiving Day and Easter Sunday. The parties shall make
arrangements for custody exchanges on these holidays by mutual
agreement.
4. On the Christmas holiday in each year, the Mother shall
have custody of the Child from Christmas Eve at 12:00 noon until
Christmas Day at 2:00 p.m. and the Father shall have custody from
2:00 p.m. on Christmas Day until 1:00 p.m. on December 26.
5. The Mother shall have custody of the Child on Mother's
Day and the Mother's birthday in every year. The Father shall have
custody of the Child on Father's Day and on the Father's birthday
in every year.
6. The party who is receiving custody of the Child under
this Agreement shall be responsible for providing transportation
for the exchange of custody.
7. Each party shall insure that the other party has a
current telephone number where he or she can be contacted.
B. The Father shall not transport the Child by truck for
purposes of his employment unless otherwise agreed by the parties.
9. This Agreement shall supersede any and all other
Agreements or Stipulations concerning the custody of the child.
10. It is the intent of the parties that this Agreement be
nlade an Order of Court.
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- Shawn. Smeltz
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/2- -1,,16
DATE
~~~ 'jJQ'IQ.k
DATE Nicole A.
'&:J\00~
Nace
Commonwealth of P&nnsylvania:
.
.
ss
County of Cumberland
PERSONALLY APPEARED BEFORE ME, this J day of J)Ec'E'l'1ht/e ,
1996, a notary public, in and for the Commonwealth of Pennsylvania,
Kieole A. Kace, known to me (or satisfactorily proven to be) the
person whose name is subscribed to the within agreement and
acknowledged that she executed the same for the purposes herein
contained.
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tary Public
NOTARIAL SEAL
JOOITl! A MUNDIS, Nolary Publlo
Camp 1111/ Boro, Cumbelland Coullly
Mv r.ommls~lon ExPlr~}~ay 10. 1999
Commonwealth of Pennsylvania:
.
.
ss
County of Cumberland
PERSONALLY APPEARED BEFORE ME, this 1Y!day of /~~~~ '
1996, a notary public, in and for the Commonwealth o~~~~sYlvania,
Shawn M. Smeltz, known to me (or satisfactorily proven to be) the
person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~~ I/~
--i~a~ -p:;:riC -
NOIAIlIAL SEAL
DAVID E. WAHl.. In ,IIOTARV rUD\.IC
~,'l CHMllCSUlJAC, clIMUERLAND COUN rv
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ATTORNEV AT LAW
2 E: MAIN STArr':T
SHIRtMANSTOWN. PA 17011
717~7 3H461
..
SHAWN MICHAEL SMELTZ, I IN THB COURT OF COMMON PLBAS
I CUMBBRLAND COUNTY,PBNNSYLVANIA
Plaintiff I
I
V. I NO. 96-3:;7t/ CIVIL TBRM
I
NICOLI!: ANN NAC!, I CIVIL ACTION - LAW
I
Defendant I CUSTODY ACTION
ORDBR OF COURT
AND NOW, upon consideration of the attached complaint, it is
hereby directed that
appear before VaW,1
..:E ()J eS f- main 51.
q day of :Jul y
the parties and their respective counsel
Sundttj . Esquire, the Conciliator, at
t1JecIJcln/CJhuro on the
oJ
,1996, at q:{)() .l1:...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 accomplished,
to define and narrow the issues to be heard by the court, and to
enter into a temporary order. Either party may bring the child who
is the subject of this custody action to the conference, but the
children's attendance is not mandatory. Failure to a~pear at the
conference may provide grounds for entry of a temporary or
permanent order.
For the Court
~d.A.,A;~ l~ur./LlJI1\1'l2
, I
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.
OFFICE OF THE COORT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200 EXT 62CO
SHAW MICHAEL SMELTZ, I IN THE COURT OF COMMON PI.EAS
I CUMBERLAND COUNTY,PBNNSYLVANIA
Plaintiff I
I
V. I NO. 96-.J" '1'1 CIVIL TBRM
I
NICOI.Z ANN NACB, I CIVIL ACTION - LAW
I
Defendant I CUSTODY ACTION
CUSTODY COMPLAINT
TO THE HONORABLB JUDOES or SAID COURTI
1. The Plaintiff is Shawn M. Smeltz who resides at 4
Wheat1and Drive, Mechanicsburg, Cumberland County, Pennsylvania
170S5.
2. The Defendant is Nicole Ann Nace, whose last know address
is 23 N. York Road, Di11sburg, Pennsylvania 17019.
3. Plaintiff seeks joint legal custody and periods of
partial physical custody of the following child:
lWm
PRESENT RESIDBNCB
23 N. York Road
Di11sburg, PA 17019
The child was born out of wedlock.
IUm
5/16/95
Shelby Jean Smeltz
The child is presently in the physical custody of Nicole Ann
Nace at 23 N. York Road, Di11sburg, PA 17019.
Mother
23 N. York Road
Dillsburg, PA 17019
1220 S. York Road
Dillsburg, PA 17019
10/95 - present
During the past year, the child has resided with the following
persons and at the following addresses:
Per. on. Addr..... oat..
Mother & Father
5/95 - 10/95
The mother of the child is Nicole Ann Nace, who currently is
living at 23 N. York Road, Dillsburg, Pennsylvania.
She is single.
The father of the children is Shawn Michael Smeltz, who
resides at 4 Wheatland Drive, Mechanicsburg, Pennsylvania.
He is single.
4. The relationship of Plaintiff to the child is that of
father. The Plaintiff currently resides with the following
persons:
5.
IIIIU Relationship
Robert & Linda Smeltz Parents
Robert Smeltz Brother
The relationship of Defendant to the child is that of
The Defendant currently resides with the following
mother.
persons:
IIAIU. Relation.hiD
Keith Mullen Boyfriend
6. Neither party has participated as a party or witness,
or in another capacity, in other litigation concerning the
custody of the child in this or another court.
2
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:
A. Plaintiff has participated in the primary care of
the child throughout her life.
B. Plaintiff has provided a stable environment.
c. Plaintiff has provided a loving home.
D. Defendant has refused to allow Plaintiff regular
times of custody with his daughter.
8. Each parent whose parental rights to the child has not
been terminated and the person who has physical custody of the
child has been named as parties to this action.
WHBREFORE, Plaintiff requests this Honorable Court to
grant him shared legal and liberal periods of partial physical
custody of his child at specific times consistent with his work
schedule.
Respectfully submitted,
/~'/7[4J-/J ,f2;r:
Thomas D. Gould, Esquire
ID #36508
2 E. Main street
Shiremanstown, PA 17011
(717) 731-1461
Fax 761-1974
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SHAWN MICHAEL SMELTZ.
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY. PENNA,
VS.
NO, 96-3274 CIVIL TERM
NICOLE ANN NACE,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, Ihis --1L day of
111 CIk,
, 1999, upon
the agreement of the parlles, Shawn Michael Smeltz and Nicole Ann Nace, it is hereby
determined that it is in the child's best interest Ihat the attached Agreement and Stipulation of
Custody. signed by the Plaintiff and Defendant, be made an order of this court. The
Agreement and Stipulation of Custody shall be binding on each of the parties until such time
that it is changed by mutual agreement of the parties or by further order of this court.
BVTIlBeOURT, V
/ ~
(
Edgar B.
I
J.
SHAWN MICHAEL SMELTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
NO, 96-3274
VS.
NICOLE ANN NACE,
Defendant
CIVIL ACTION . LAW
CUSTODY
AGREEMENT AND STIPULATION OF CUSTODY
This Agreement and Stipulation made this ~t&y of --: .
1999 by and between Shawn Michael Smeltz, of 4 Wheatland Drive, MeChanic
17055. hereinafter referred to as "Father," and Nicole Ann Nace, of 18 Campgroud Road,
Dillsburg, PA 17019, hereinafter referred to as "Mother," is as follows:
WHEREAS, Shawn Michael Smeltz is the natural father of Shelby Jean Smeltz. a
minor, born May 16, 1995; and
WHEREAS, Nicole Ann Nace is the natural mother of said minor child; and
WHEREAS. a prior Order of Custody was entered by the Court on December 10, 1996;
and
WHEREAS, Mother and Father wish to enter into this Agreement and Stipulation of
Custody to settle and resolve the outstanding Issues regarding the custody of their child;
NOW THEREFORE. it is agreed by the parties that:
1. The Mother and Father shall have shared legal custody of Shelby Jean Smeltz,
born May 16. 1995;
2. Mother shall have primary physical custody subject to Father's periods of
Visitation and/or partial custody at times mutually agreed upon by the parties, with reasonable
advanced notice.
3. The panies shall share custody of the child on the following holidays:
Memorial Day, July 4th, Labor Day, Thanksgiving Day and Easter Sunday. The panies
shall make arrangements for custody exchanges on these holidays by mutual agreement.
4, On the Christmas holiday in each year, the Mother shall have custody of the
child from Christmas Eve at 12:00 p.m. until Christmas Day at 2:00 p.m. and the Father shall
have custody from 2:00 p.m. 0.1 Christmas Day until 1:00 p.m. on December 26th.
5. The Mother shall have custody of the child on Mother's Day and the Mother's
birthday in every year, The Father shall have custody of the child on Father's Day and on
the Father's birthday in every year.
6. The pany who is receiving custody of the child under this Agreement shall be
responsible for providing transponation for the exchange of custody.
7. Each pany shall insure that the other pany has a current telephone number
where he or she can be contacted.
8. The Father shall nottranspon the child by truck for purposes of his employment
unless otherwise agreed by the panies.
9. This Agreement shall supersede any and all other Agreements or Stipulations
concerning the custody of the child.
10. It is the inrent of the parties that this Agreement be made an Order of Coun.
IN Wn'NESS WHEREOF, the panies hereto have hereunto set their hands and seals the
day and year first above written.
Witness:
~~.~/
Shawn Michael smeitz, Plaintiff
:..K', l\ t\. t: q i\';" 'r\c~,(\o
Nicole Ann Nace, Defendant
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v.
IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I No. 96-3274
SHAWN MICHAEL SMELTZ,
Petitioner,
NICOLE ANN NACE,
Respondent.
.
.
I CIVIL ACTION - LAW
IN CUSTODY
.BTITIOH .OR PRIMARY CUSTODY
AND NOW, comes the Petitioner, SHAWN MICHAEL SMELTZ, by and
thrcu9h his attorneys, MANCRE, WAGNER, HERSHEY & TULLY, and files
the followinq petition for Primary custody:
1, Your Petitioner, SHAWN MICHAEL SMELTZ, is the Plaintiff
andd the natural father in the above-captioned matter.
2. The Respondent, NICOLE ANN NACE, is the Defendant and
natural mother in the above-captioned matter.
3, The natural father rep-ides at 4 Wheatland Drive,
Mechanicsburq, cumberland County, Pennsylvania.
4. The natural mother resides at 18 campground Road,
Dillsburq, York county, pennsylvania.
,. The parties are the natural parents of Shelby Jean
Smeltz, born May 16, 1995.
6, A prior custody Order was entered in this Court on
December 10, 1996, giving custody of the minor child unto the
Petitioner herein.
, .
7. In Hay of 1999, by way of an agreement between the
parties, primary physical custody was transferred to the
Respondent herein.
8. Since the entry of the Order of Hay 13, 1999, a copy of
which is attached hereto, as well as a copy of the December 10,
1996, Order, which are incorporated herein by reference, made a
part hereof, and ~arked as Exhibit A and B respectively, the
child has resided with the natural mother at 18 Campground Road,
Dillsburg, York County, Pennsylvania.
9. No other person except named herein has been a part of
this proceeding, however, the Petitioner's natural mother, Linda
Smeltz, who lives at 4 Wheatland Drive, Hechanicsburg, Cumberland
County, Pennsylvania, has been a significant part of the child's
life in that she has raised the child from approximately 2; year
period of time being the primary custodial adult in the life of
the child.
10. The Petitioner herein believes and therefore avers that
it is in beHt interest of the child to grant primary physical
custody of the child in the Petitioner herein and reasonable
periods of partial custody in the Respondent herein in that
Petitioner herein is best able to care for the day to day needs
of the child, the special needs of the child as a challenged
child, and the general welfare of the child.
WHEREFORE, Petitioner prays this Court to grant the Petition
to qrant primary physical custody of the child unto the
Petitioner herein.
Respectfully sUbmitted,
, HERSHEY & TULLY
ner, Esqu re
Attorneys for Petitioner
DATE: 11)/1.1-/11'
I 1
(),:,
'.
SHAWN M. SMELTZ, IN THE COURT OF COMMON PL&AS
: CUMBERLAND COUN'rY,PENNSYLVANIA
Plaintiff :
:
v. : NO. 96-2274 CIVIL TERM
:
NICOLE A. NACE, : CIVIL ACTION - LAW
I
Defendant I CUSTODY ACTION
ORDER OF COURT
AND NOW this {OoH-day of' rJIh,~..d.v.-, 1996, after reviewing
the Custody Agreement filed in this matter it is hereby determined
that it is in the child's best interest that the Custody Agreement,
dated December 3, 1996, signed by the Plaintiff and Defendant, be
-
made an order of this court.
The Custody Agreement shall be
binding on each of the parties until such time that it is changed
by mutual agreement of the parties or by further order of this
court.
BY THE COURT:
IV ~ -11. 1J~_
J.
-Ii -
TRUE CDPY FROM RECORD
In TestImony whoroof. I hete umo set my hand
~l1d the S8.'l1 01 .:laid Courl .at Carlisle, PJ.,
~~~da~,OI sfiJiA. 1,9~~_
Prothonotiry or')
3 . The parties shall share custody of the - Child on the
following holidays: Memorial Day, July 4th, Labor Day,
Thanksgiving Day and Easter Sunday. The parties shall make
arrangements for custody exchanges on these holidays by mutual
agreement.
4. On the Christmas holiday in each year, the Mother shall
have custody of the Child, from Christmas Eve at 12:00 noon until
Christmas Day at 2:00 p.m. and the Father shall have custody from
2:00 p.m. on Christmas Day until 1:00 p.m. on December 26.
5. The MothAr shall have custody of the Child on Mother's
Day and the Mother"s birthday in every year. The Father shall have
custody of the Child on Father's Day and on the Father's birthday
in every year.
6. The party who is receiving custody of the Child under
this Agreement shall be responsible for providing transportation
for the exchange of custody.
7. Each party shall insure that the other party has a
current telephone number where he or she can be contacted.
8. The Father shall not transport the Child by truck for
purposes of his employment unless otherwise agreed by the parties.
9. This Agreement shall supersede any and all other
Agreements or Stipulations concerning the custody of the child.
10. It is the intent of the parties that thi~ Agreement be
made an Order of Court.
~,~~jjJ~{4_.
,~1sm~ltz
1).-<1-16
DATE
~~.
WITNESS
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DATE Nicole A. Nace
Commonwealth of Pennsylvania:
.
.
ss
County of Cumberland
PERSONALLY APPEARED BEFORE ME, this J day of :P~c.E""hEIe. ,
1996, a notary public, in and for the Commonwealth of Pennsylvania,
Nicole A. Nace, known to me (or satisfactorily proven to be) the
person whose name is subscribed to the within agreement and
acknowledged that sh.e executed the same for the purposes herein
contained.
~~ ~~11~rL.-J ;.
NOTARIAL SEAL
JUDITH A, MUNDIS, Nolary Public
Camp Hill Bora. Cumbe.land County
My Commission fxplrllS May 10, 1999
Commonwealth of Pennsylvania: .
:. ss
County of Cumberland
PERSONALLY APPEARED BEFORE ME, this ~ay of 'frCf,tft!tZ '
1996, a notarl public, in and for the Commo;{~balth of Pennsylvania,
Shawn M. Smeltz, known to me (or satisfactorily proven to be) the
person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein
contained.
IN WITNESS WHEREOF, I have hereunto set
1"------ --=-=~- ..- ~ .-
I NOTARIAL SEAL
, DAVIO E. WAHL. JR.. NOTARY PUBLIC
"'E~HM:ICSOURC. CUMBERLANO COUNTY
! M'I :~J"MI".;;IO~J ,1XPIRES FEe, 17.2000
SHAWN MICHAEL SMELTZ.
I
i Plaintiff
'II
VS,
,
I
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY. PENNA,
NO, 96-3274 CIVIL TERM
NICOLE ANN NACE.
Defendant
CIVIL ACTION - LAW
CUSTODY
.,
:1
"
I
!I
ORDER OF COURT
AND NOW, this \ 3-+h day of 0\ClL) . 1999. upon
the agreement of Ihe parties. Shawn Michael Smeltz and Nicole Ann Nuce. it is hereby
determined thaI it is in the child's best interest that the allached Agreement and Slipulatlon of
Custody. signed by the Plaintiff and Defendant. be made an order of this court. The
Agreement and Stipulation of Custody shall be binding on each of the parties until such lime
that it is changed by mutual agreement of the partics or by further order of this court.
BY THE COURT:
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Edgar B. Bayley, ],
TRUE C.QPY FROM R~9CRD
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3, The parties shall share custody of the child on the following holidays:
Memorial Day, Jllly 4th. Labor Day, Thanksgiving Day nnd Easter Sunday. The parties
shall make arrangements for custody exchanges on these holidays by mutual agreemenl.
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I child frolll Christmas Eve at 12:00 p.m. ulllil Christmas Day at 2:00 p.m. and the Father shall
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4. On the Christmas holiday in each yen 1', the Mother shall have custooy of thc
have custody from 2:00 pm. 0,1 Christmas Day until 1:00 p,m, on December 26th.
5. The Mother shall have custody of the child on Mother's Duy allll the Mother's
birthday in every year, The Father shall huve custody of the child on Ji'uther's Day and Oil
the Father's birthday in every year.
6. The vurty who is receiving custody of the child undcr this Agreement shall be
responsible for providing transportation for the exchange of custody,
7. Each party shall insure that the other party has a currenttefepholle numbcr
where he or she can be contacted.
8. The Father shail not transport the child by truck for purposes of his employment
unless otherwise agreed by tile parties,
9, This Agreement shnll supersede any and all othcr Agrcemcnts or Sripulations
concerning the custody of the child.
10. It is the intent of the parties that this Agreement be made an Order of Court.
IN WITNESS WHEREOF. the parties hereto have hereunto set their hands and seals the
day and year first nbove written.
Witness:
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Nicole Ann Nace, Defendant
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SHAWN MICHAEL SMELTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: NO. 96-3274 CIVIL TERM
NICOLE ANN NACE,
Defendant
: CIVIL ACTION - LAW
IN CUSTODY
OODER OF COURT
AND NCIoI, this 1'0 day of r--'D n....n. I , 1999,
upon consideration of the attached Custody concMl'~ Report, it is
ordered and directed as follows:
1. Pending further Order of Court or agreement of the parties, the
prior Order of this Court dated May 13, 1999 shall continue in effect.
2. The parties shall submit themselves and their Child, and any other
individuals deemed necessary by the evaluator, to a custody evaluation to
be performed by a professional selected by agreement between the parties
and counsel. The purpose of the evaluation shall be to obtain independent
professional recommendations concerning custody arrangements which will
best serve the interests of the Child and also concerning any necessary
intervention for the Child with respect to the Child's educational and
social development. The parties shall share the costs of the evaluation in
proportion to their respective incomes. The parties shall sign any
authorizations or releases deemed necessary by the evaluator.
3. Upon completion of the evaluation, and in the event the parties
are not at that time able to reach an agreement as to the outstanding
custody issues, counsel for either party may contact the Conciliator to
schedule an additional CUstody Conciliation Conference. ~
BY TI:IE'COURT,
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cc: P. Richard Wagner, Esquire - Counsel for Father
Timothy colgan, Esquire - Counsel for Mother
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Ix.30.99
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SHAWN MICHAEL SMELTZ,
Plaintiff
IN THE COURT OF CXJMMOO PLEAS OF
CUMBERLAND COONTY, PENNSYLVANIA
--
AND 10, this ~ day of
consideration of the attac ed CUstody Cone
and directed as follows:
, 2000, upon
t is ordered
vs.
NO. 96-3274 CIVIL TERM
NICOLE ANN NACE,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
CJUlER 01." cnJRT
1, 'l11e prior order of this Court dated December 30, 1999 is vacated.
The prior Order of this Court dated May 13, 1999 shall continue in effect
as modified by this order.
2. 'l11e Father, Shawn Michael Smeltz, and the Mother, Nicole Ann Nace,
shall have shared legal custody of Shelby J. Smeltz, born May 16, 1995.
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
regar.ding her health, education and religion.
3. 'l11e parties shall have physical custody of the Child in accordance
with the following schedule:
A. 'l11e Father shall have custody of the Child on alternating
weekends, beginning April 27, 2000 fran Thursday at 8:30 a.m.
until the following Monday at 12:00 noon.
B. The Father shall have custody of the Child during the
alternating weeks (when he does not have custody over the
extended weekend) on Thursday from 8:30 a.m. until 2:00 p.m.
'l11e 'l11ursday periods of custody under this provision shall
begin on April 20, 2000.
C. 'l11e Father shall have custody of the Child from Saturday,
April 15, 2000 at 8:30 a.m. through Monday, April 17, 2000 at
12:00 noon.
O. 'l11e Father shall have custody of the Child on Easter Sunday in
2000 fran 2:00 p.m. until 9:00 p.m.
E. 'l11e Father shall have custody of the Child over Memorial Day
weekend in 2000 fran Thursday at 8:30 a.m. through Memorial
Day at 5:00 p.m.
F. 'l11e Father shall have custody of the Child on Father's Day and
,
the Mother shall have custody of the Child on Mother's Day, at
times to be arranged by agreement of the parties.
G. The Father shall have custody of the Child at any additional
times as arranged by agreement of the parties.
H. The Mother shall have custody of the Child at all times not
otherwise specified in this provision for the Father.
4. The party receiving custody of the Child shall be responsible to
provide transportation for the exchange of custody, with the exception of
the altemating Thursdays when the Father has custody from 8:30 a.m. until
2:00 p.m" for which the Father shall provide transportation for both
exchanges.
5. The parties and their counsel shall attend an additional CUstody
Conciliation Conference in the office of the Conciliator, Dawn S. sunday,
Esquire, on June 20, 2000, at 9:30 a.m.
6. 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.
BY THE CXlURT,
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Edgar B. Bayley,
ee:
P. Richard Wagner, Esquire - Counsel
Timothy J. Colgan, Esquire - Counsel
for Father
for Mother rrpU
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SHAWN MICHAEL SMELTZ I
Pltlintitt
I IN THE OOURT OF cn1MOO pr.EAS OF
I CUMBERLAND COONTY, PENNSYLVANIA
vs.
I NO. 96-3274 tIVIL TERM
I
I CIVIL ACTION - LAW
I IN CUSTODY
NIOOLE ANN NACE,
Detendant
l'RI~ JUDGB: Bdgar B. Bayley
amt:DY CXH::ILIATlOO BlMW<< REI'atT
IN AClCXImANCB wrm CUIBI!RLAND CXlW.lY RllLB OF CML m.''''.mB
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
Shelby J. Smeltz
DATS OF BIRTH
CDUUlHlY.Y IN CllS'lOOY OF
May 16, 1995
Mother
2. A Conciliation Conference was held on April 13, 2000, with the
following individuals in attendance: The Father, Shawn Michael Smeltz,
with his counsel, P. Richard Wagner, Esquire, and the Mother, Nicole Ann
Naco, with her counsel, Timothy J. Colgan, Esquire.
3. Ute parties agreed to entry of an Order in the form lIS attached.
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Date=' -ry
Da~~~
Custody Conciliator
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SHAWN MICHAEL SMELTZ,
Plaintiff
IN THE OOURT OF CXX>lMOO PLEAS OF
CUMBERLAND CCXJI'lTY, PENNSYLVANIA
vs.
NO. 96-3274 CIVIL TERM
NICOLE ANN NACE,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
00DIlR OIl' CXXJRT
AND toI, this 21 day of :) LW , 2000, upon
consideratioo of the attaChed' Custody Conciliation Report, it is ordered
and directed sa follows:
1. The prior orders of this Court dated May 13, 1999 and April 25,
2000 shall continue in effect as modified by this Order.
2. Durill9 the sW1l1lElr school break, the Father shall have partial
physical custody of the Child during alternating weeks from Friday at 9:30
a.m. through Tuesday at 4:00 p.m. The Father's first pIlriod of custody
under this schedule shall begin on Friday, July 7, 2000. During the
interim weeks, the Father shall have custody of the Child from Thursday at
9:30 a.m. through Friday at 4:00 p.m. For exchanges of custody under this
provision, the party receiving custody of the Child shall be responsible to
provide the transportation.
3. The Father shall make sure that he is available to provide care
for the Child during the extended periods of custody under the sW1l1lElr
schedule.
4. The parties and their counsel shall attend an additional Custody
Concil1atioo Conference in the office of the Conciliator, Dawn S. Sunday,
Esquire, on August 24, 2000, at 9:30 a.m.
5. 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.
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BY THE COURT,/ ~!/
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cc: P. Richard Wagner, Esquire - Counsel for Father
Timothy J. Colgan, Esquire - Counsel for Mother
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SHAWN MICHAEL SMELTZ,
plaintiff
: IN THE CXlURT OF CXlMMOO PLEAS OF
: CUMBERLAND CCUNTY, PENNSYLVANIA
.
.
vs.
: NO. 96-3274
CIVIL TERM
.
.
: CIVIL ACTION - LAW
NIOOLE ANN NACE,
Defendant
:
: IN CUSTODY
au>I!R Cf! CDIRT
AND ICW, this 2200 day of August, 2000, the conciliator, being
advised by plaintiff's counsel that all custody issues have been resolved
by agreement of the parties, hereby relinquishes jurisdiction in this case.
The CUstody conciliation COnference scheduled for August 24, 2000 is
canceled.
FOR THE CXlURT,
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Dawn S. sunday, Esqu re
CUstody Conciliator
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