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Home My WebLink About00-00792 ,- - ^' v, ~~. c,~; JONI SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODYNISITATION v. CLINT SMITH, Defendant : NO. 00- 71fJ.. CIVIL TERM ORDER OF COURT AND NOW, d. \ \\ , 2000, upon consideration ofthe attached Complaint, it is hereby directed thatthe parties and their respective counsel appear before \\~e\\"i, G\\fG--..\) Esq . \ ' CN;-~~ on the 3\ , the conciliator, at-\\t-lf\:\ 1 Cur\\Ioe\\:r'I~ CO. day of tvnn ~'r\ ,2000, at \()'. ~O o'clock, _.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. 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. FOR THE COURT: BY:~lnk:"( IJ\~ On~. Custody Conciliator (~'J The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having bnsiness 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 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 Court Administrator Cumberland County Court House, Fourth Floor Carlisle, P A 17013 (717) 240-6200 OF ';:, on /c-,':';Q r.., '-" '--.:} (::tf if'J. /," iL. .J CU\1/2j:J~L/:j\:(; !- ,"',I -\! 'I 1~i:}V:VS\;I,':,\,:vU\7 y I iLVf1f\JIA d.Ol~CJC M ~ ~ -d:4 tC2u d(-df'-Oc:J W~ ~ ~ ~ d-;)~OCJ ~~__ ~~ # I I i" '. ~~- ~~ , " ~ ,,,t' """,~, ~ ~ -' ~_~,.f44,4m!l',!!j_liJl_,~~~ --~ - JONI SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF , : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYIVISITATION CLINT SMITH, Defendant : NO. 00- CIVIL TERM COMPLAINT FOR CUSTODY I. The Plaintiff is Joni Smith, residing at 107 Walton Ave. Carlisle Pennsylvania, t 7013. 2. The Defendant is Clint Smith, residing at 346 "D" Street Carlisle Pennsylvania \7013. 3. Plaintiff seeks custody of the following child: NAME RESIDENCE DOB AGE OzlynSmith 107 Walton Ave. Carlisle, P A \7013 10/19/99 4mths. 4. The child was born out of wedlock. 5. The child is presently in the custody of Joni Smith. 6. During his life, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Joni Smith 107 Walton Ave. Carlisle, P A 17013 10/19/99-present 7. The mother of the child is Joni Smith, currently residing at 107 Walter Avenue, Carlisle, Pennsylvania. She is unmarried. 8. The father of the child is Clint Smith, currently residing at 346 D. Street, Carlisle, Pennsylvania. He is unmarried. 9. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Ozlyn Smith, minor child. 10. The relationship of the Defendant to the children is that of Father. The Defendant currently resides with the following persons: Darryl Moffat, (friend) II. Plaintiff has not participated as a parly or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information ofa custody proceeding concerning the children pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a parly 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. Plaintiff has undertaken and performed the primary parental responsibilities for the child; and B. Plaintiff is best able to provide the care and nurture which the child needs for healthy development; and C. A Court Order of custody and structured visitation is desired so that the Plaintiff and 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,in a manipulative fashion; and 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; and E. A Court Ordered determination of custody is required to avoid conflict between the parties regarding parental responsibility for custody and support; and F. Defendant frequently abuses alcohol and is therefore unreliable as custodian of the children. , ,I ~, '--' ,-- -- ; \, i :'1 ri I 'I 'I ,I 15. Each parent whose parental rights to the child have not been terminated and the person who has II physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child to Plaintiff. Date: "d-fatlot:? By: a2~~L,@/;r- Attorney for Plaintiff 50 East High Street Carlisle, P A 17013 Telephone: (717) 258-8558 Supreme Court 1D No. 73471 I I II I f I II II !I II " Ii ',1 , 'I II tl iI 11 I, II II II 'I I I ,I 'I I, Ii II I Respectfully submitted, . . , '-;..' ,,",- I I I' I; . , COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I verifY that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !i4904, relating to unsworn falsification to authorities. DATE: a -q- 00 f/~ J~ Jo Smith, Plaintiff ~_ '~""l.~._i~~ "'f'l>!'" ""1"'-' "'.',,"-- '~~~ . . ',,"-- " n 0- I:) C-.-: c:' ~ -::;>< 'I ~ ~ <;"\ crs~n -q , ," ~ '~1 ~ ;';:0 c_;'..; =:J , zf!:.c t ~ CI\ ~ '^ IT1 \j (j ~'7 ~-T~: 0 Q r"-:::t~) i ~ \ \ '\. (~. ~ .- :0 ,-' '5:':(:) -H ...... \. -">- (j~~ 9J ~ ):; ~d '-;;'1 -- ~ ~ 2: --I -l :.,) ::r--" ~' :':0 , CO -< . APR 2 8 200(JbL) JON! SMITH, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CLINT SMITH, Defendant NO. 00-792 CIVIL IN CUSTODY COURT ORDER .-1 lM2~ AND NOW, this ~ day of~, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Mother, Jom Smith, shall enjoy legal and primary physical custody of Ozlyn 1. Smith, born October 19, 1999. 2. The Father, Clint Smith, shall enjoy periods of temporary physical custody of the minor child at such times and under such arrangements as agreed to by the Mother. 3. In the event the Father is dissatisfied with the amount of temporary custody that is afforded to him by the Mother, Father may petition the court to have the case again scheduled for a Conciliation Conference with the Conciliator. BY THE COURT, , ;. / / WfL-t7, 1. cc: Gregory L. Cutler, Esquire Clint Smith 346 D Street Carlisle, P A 17013 .~"'j- c:: (:; {'~ ----., ~~ ~{ (.: .-,. \~J ~_:J :---:~i::~ , . ~~ , : -', ~":...I '_':1 C1- . . _. t.' _ (_~) =:1 L"' 0 () ~"~-" ", ~ '--" ,-_~, e'>O, ~ < >>:,_ . " ,,,.. .i-"'~-- ," ~-: ",,,[;.,, ,_,__, ,,;_'-, ~ ..., '- ,'_" "".,,'" ""! JON! SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CLINT SMITH, Defendant NO. 00-792 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19I5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Ozlyn I. Smith, born October 19, 1999. 2. A Conciliation Conference was held on April 20, 2000, with the following individuals in attendance: The Mother, Jom Smith, with her counsel, Gregory L. Cutler, Esquire. The Father did not attend. Father was notified by certified mail of the original Conciliation Conference and was notified by mail of the rescheduled Conference. The Mother indicated that she had conversation whereby he acknowledged receipt of information concerning the Custody Conciliation Conference. 3. The child is six months old and has resided primarily with the Mother. The Conciliator recommends the entry of an order in the form as attached. yj{}. ~/ (/ i) DATE'