The URL can be used to link to this page

Home My WebLink About07-0822 , vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : C)7~ 62.2 ~ I..tv-. : No. KIM SMITH, Plaintiff ERIK SMITH, Defendant : CIVIL ACTION - AT LAW - IN CUSTODY COMPLAINT FOR CUSTODY The Plaintiff, Kim Smith, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., seeks to obtain custody of her minor child and makes the following averments in support thereof: 1. The Plaintiff is "Mother", Kim Smith, and is an adult individual who currently resides at 4 W. Manor Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is "Father", Erik Smith, and is an adult individual who currently resides at 97 Louis Lane, Enola, Cumberland County, Pennsylvania 17025. 3. There is one dependent child as follows: Maria Smith, born May 13, 1998 (age 8). The child resides at 4 W. Manor Avenue, Enola, Cumberland County. 4. The child was not born out of wedlock. 5. The Plaintiff seeks primary custody of the child set forth in Paragraph 3. 6. The minor child is presently in the custody of the Plaintiff, Mother, Kim Smith, who resides at 4 W. Manor Avenue, Enola, Cumberland County, Pennsylvania. 7. During the past five years, the child has resided with the following persons at the following address: Dates: Addresses: List All Persons: September 200 I - present 97 Louis Lane Enola, PA 4 W. Manor Ave. Enola, PA Father, Erik Smith August 2005 - present Mother, Kim Smith October 2004 - August 2005 85 Ashford Drive Enola, P A Mother, Kim Smith 8. The Mother of the child is the Plaintiff, Kim Smith, whose address is 4 W. Manor Avenue, Enola, Cumberland County, Pennsylvania, 17025. 9. The Father of the child is the Defendant, Erik Smith, whose address is 97 Louis Lane, Enola, Cumberland County, Pennsylvania, 17025. 10. The relationship of Plaintiff, Kim Smith, to the child is that of natural mother. She currently resides with the child. 11. The relationship of Defendant, Erik Smith, to the child is that of natural father. He currently resides with the child every other weekend. 12. 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 another court. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. 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. . 15. The best interest and permanent welfare of the children will be served by granting the relief requested, because: a. Plaintiff is willing to continue custody of the child.; b. Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 16. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation, and therefore no notice will be given of the pendency of this action and the right to intervene, save as to the Defendant. WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of primary physical custody and/or visitation. arlin . Law Office of Patrick F. Lauer, Jr., L.L.C. 2108 Mark t Street, Aztec Building Camp Hill, ennsy1vania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: 2.)J.2007 ~ , KIM SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. ERIK SMITH, Defendant : CIVIL ACTION - AT LAW - IN CUSTODY VERIFICATION 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. S 4904, relating to unsworn falsification to authorities. Date: 4-:5 ~Olp ~~~h' m mlt KIM SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. ERIK SMITH, Defendant : CIVIL ACTION - AT LAW - IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Complaint for Divorce and Custody upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing a copy of the same, certified mail, return receipt requested, to the person named as follows: Erik Smith 97 Louis Lane Enola, P A 17025 Respectfully submitted, ad' L. kley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: 2 < J -2 pfl7 g ~ C=> ~ c::::. ~ ~ ~ ~ ;:g :4" .." ~ftJ ~~,: G1 ~r:'-~::: - >-- ~ tr '..,. ?Bg "'0 ~ fit; w t..) ..q G ::;I.,. i -Q );'; r') :bo "-:0 o<J :;>-.,. ::x Q~ II;"'- ~ 5;0 (5 \) C" '9 ~ Z ~ f..,. :< <::) . .::- -< C! KIM SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. ERIK SMITH, Defendant CIVIL ACTION - AT LAW - IN CUSTODY STIPULATION WHEREAS, the subject of this stipulation for custody is the Plaintiff's and Defendant's, child, Maria Smith, born May 13, 1998; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and WHEREAS, it is in the best interest of the child that this Court decide the matter because the child and both parties reside in Cumberland County, Pennsylvania, it is the desire of both parents and all parties involved that the child continue to live with her mother in Cumberland County, thus giving this Court jurisdiction; I1Ilf THEREFORE, this ~ day of ~('v4"~ 2007, in consideration ofthe mutual covenants, J promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The parties will share joint legal custody of Maria Smith, born May 13, 1998. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to ~ alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Mother, Kim Smith, shall have primary physical custody ofthe Child. 3. Father, Erik Smith, shall have partial custody of the minor child on Alternating weeks from Monday after school until the beginning of school on Tuesday and again from Friday at 4:30 p.m. until Tuesday at 7:00 p.m. 4. If Father is unavailable to be with the child for three or more consecutive hours during his periods of partial custody, he must notify Mother and give her an opportunity to exercise physical custody of the child. 5. Physical custody of the child will alternate for the following holidays: New Years Day, Easter, Thanksgiving, Christmas segment A (4:00 P.M. on December 24 until noon on December 25), and Christmas Segment B (noon on December 25 until 8:00 on December 25). The Holiday schedule shall begin with Mother having custody for Easter. 6. Father may have the child for two (2) one (1) week periods during child's summer breaks. The one periods may not be consecutive or within the same month. Father must notify r i - Mother of when he intends to exercise his one week periods no later than May 1 so as to not interfere with vacation plans. Mother cannot unreasonably deny Father's request. 7. The holiday schedule shall take precedence over the regular custody schedule. 8. Each parent shall be entitled to reasonable telephone contact with child when he is in the custody of the other parent. 9. Neither parent shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimwn notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 10. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 11. Neither party, while having custody of the child, shall conswne any illegal drugs or any other drugs or alcohol to point of intoxication. 12. Father is responsible for providing health care coverage for the child. 13. This stipulation may only be altered by the mutual consent of Mother and Father. 14. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. ~(- ~. ~.! ';' j/J Kim Snii~ Q-).'D~7 "'~f ~.,. /J)..' 2- -07 ..,.... ;:;)/ ' , ~'<... L., ,'"'- Erik Smith \.../- .~ I"-.) ~ c:;;) C::> ...... So. '""1 ~:!! ~U1 . rn fT1 Z~,:t:; co ~~ (;:::--- ~"::; c...> ",L r-. ,. , ...- \....) -r: .,.., 5- > 2~ :2;:( " :::J: c $d \.0 6 ~ 0 ~ +:- -< .... !j .. JEB 1& 201J7\~ KIM SMITH, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ~ l/,:J2 ~ l~ : No. 0 " 0 ERIK SMITH, Defendant : CIVIL ACTION - AT LAW - IN CUSTODY CONSENT ORDER !t AND NOW, this 1.\ day of ~ t.~f'U~ht-- 2007, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of three pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. BY THE COURT: J. D~bution: fiarlin Markley, Esq., 2108 Market St., Camp Hill, PA 17011 ~k Smith, 97 Louis Lane, Enola, P A 17025 'v'INil\lASNN3d }.IN(,\i'''ri -.1.. \. f'" ......~V'4nJ .. ~J:t i. f ;'i'~~; >'",>.,j,~ I 1 .~" ',_ -, ,.. ..... ...," '~... . _( t' 9f; : II W\f I Z 83~ LOOl Al:fv'lONOHl.Obd 3Hl :10 381:HO-031!~