HomeMy WebLinkAbout02-5919DIANNE K. SMITH, :
Plaintiff :
TERESA D. WOLF, :
Defendant :
IN THE COURT OF CO~ON P?.~S
CUMBERLAND COUNTY PENNSYLVANIA
NO. OK '~'?/~ CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY STIPULATION
day of ~]~,-~%~ , 2002,
THIS STIPULATION, made this ~ by and
between TERESA D. WOLF, (hereinafter referred to as Mother), and
DIANNE K. SMITH, (hereinafter referred to as Grandmother).
WITNESSETH:
WHEREAS, Mother is the biological parent of KAYLA ANN WOLF,
born April 9, 2000, hereinafter referred to as Child.
WHEP~AS, The Child's biological father ~s LIVINGSTON BERNARD,
who is currently incarcerated in Low La Tuna Federal Prison in E1
Paso, Texas.
WHEREAS,
ANN WOLF.
WHEREAS, Mother and Grandmother, for the best interest of the
Child, wish to amicably resolve the custody of KAYLA ANN WOLF.
AND NOW, the parties intending to be legally bound hereby
agree that:
DIANNE K. SMITH is the maternal Grandmother of KAYLA
Child,
concerning all major decisions affecting the Child,
not limited to, health, education and religion.
2. Mother and Grandmother are to have equal access to
medical, educational and other records of the Child.
3. Grandmother shall have primary physical custody of the
Child subject to Mother's periods of partial custody or visitation
as are in the best interest of the Child as egreed by the parties.
4. It is the intent of the parties that Grandmother shall
have primary physical custody of the Child until such time as
Mother has stabilized her life to be able to properly care for her
child.
5. Each parent shall inform the other of significant events
that occur in the Child's life.
6. Each party is to inform the other o[ any changes in their
employment, health ,residence or telephone number.
7. The parties intend that the terms of this Custody
Stipulation be made an order of court.
TERESA D. WOLF/ -- DIANNE K. SMITH ~
Mother and Grandmother shall share legal custody of the
whereby each party agrees to consult with the other
including but
Commonwealth of Pennsylvania:
ss
2002, a notary public, in and for the Commonwealth of p '
TERESA~,. ennsylvania,
WOLF, known to m~ /or satisfactorily proven to
person Whose name is subscribed to the within custody stip~ ~k~
and acknowledged that she
contained, executed he sa , for the purposes herein
NOTARIAL SEAL
PRIL D. SHEAFFER No ary Public J
Carlisle, Cumber!and County
My Commission Expir_~,:/,',,~_D~r!l 2__3,~ 2006
Commonwea~h of Pennsylvania:
county of% m lc O i ss
BEFORE HE,
2002, a notary public, in and for the Commonwealth of ennsylvania,
K. SMIT~, known to me (or ' . P '
pereon ~hose na~e is sUhscrlbe~ ~fa?~a?tor~ly proven to ~, ~
and ~ ~u the within cu~+~ _. ~=/ Lne
acknowledged that She execute
contained, dl he Same for th~~uuy SElpulation
pUrposes herein
DIANNE K. SMITH, :
Plaintiff :
TERESA D. WOLF, :
Defendant :
IN THE COURT OF CO~ON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
¥lf
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY COMPLAINT
114 North East Street
Pennsylvania 17013.
TO THE HONO~LE J~3DGES OF SAID COURT:
1. The Plaintiff is Dianne K. Smith residing at 335 West
Penn Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is Teresa D. Wolf who currently resides at
(rear), Carlisle, Cumberland County,
custody of the following child:
Plaintiff seeks joint legal custody and primary physical
N~ PRESENT RESIDENCm ~
Kayla Ann Wolf 335 West Penn Street 04/09/00
Carlisle, PA 17013
The child was not born in wedlock.
The child is presently in the physical
Smith who resides at 335 West Penn Street,
County, Pennsylvania.
The child has resided with the
following addresses:
custody of Dianne K.
Carlisle, Cumberland
following persons and at the
Grandmother &
Mother occasionally
~ Date
335 West Penn Street
Carlisle, PA
since birth
The mother of the child is Teresa D. Wolf who currently
resides at 114 North Penn Street, Carlisle, Pennsylvania 17013.
She is not married.
The father of the child is Livingston Bernard who is presently
incarcerated in Low La Tuna Federal prison in E1 Paso, TX.
His marital status in unknown.
4. The relationship of Plaintiff to the
maternal grandmother. The Plaintiff currently
following persons:
child is that of
resides with the
Eric R. Smith
Kayla Ann Wolf
Husband
Granddaughter
mother.
6.
The relationship of Defendant to the child is that of
The Defendant Currently resides with unknown friends.
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.
Other than biological father, 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.
2
7. The best interest and permanent welfare of the child will
be served by granting the relief requested because:
A. Plaintiff can properly care for her grandchild.
B. Plaintiff can provide a loving home.
8. Other than biological father, each parent whose parental
rights to the child have not been terminated and the person who has
physical custody of the child has been named as parties to this
action.
WHEREFORE, Plaintiff requests this Honorable Court to grant
her joint legal custody and primary physical custody of the child,
subject to defendant's right to liberal periods of partial custody
as set forth in the Custody Stipulation dated November 26, 2002.
Respectfully submitted,
Thomas D. Gould, Esquire
ID #36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
I, Dianne K. Smith, hereby certify that the foregoing CUSTODY
COMPLAINT is true and correct to the best of my knowledge,
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED:
Dianne K. Smith
Plaintiff
DIANNE K. SMITH,
Plaintiff
TERESA D. WOLF,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this /~' day of December 2002, the parties, TERESA
D. WOLF (Mother) and DIANNE K. SMITH (Grandmother), having entered
into a Custody Stipulation dated November 26, 2002, it is ORDERED
AND DECREED that the custody of the minor child, Kayla AnnWolf,
born April 9, 2000, be as follows:
1. Mother and Grandmother shall share legal custody of the
Child, whereby each party agrees to consult with the other
concerning all major decisions affecting the Child, including but
not limited to, health, education and religion.
2. Mother and Grandmother are to have equal access to
medical, educational and other records of the Child.
3. Grandmother shall have primary physical custody of the
Child subject to Mother's periods of partial custody or visitation
as are in the best interest of the Child as agreed by the parties.
4. Grandmother shall have primary physical custody of the
Child until such time as Mother has stabilized her life to be able
to properly care for her child.
5. Each parent shall inform the other of significant events
that occur in the Child's life.
6. Each party is to inform the other of any changes in their
employment, health ,residence or telephone number.
7. This Order shall supersede all other Orders concerning
the custody of the child.
BY THE COURT,