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Home My WebLink About98-00638 ... ::F " .,... . . I:, " ;. !' j; "- tv) ~ ~l ."J ~ ;1, .':; t l~ - T.....~ ,--. , - ,-'--'T~ - -- , 1.".' "1"\ '. i';':' ,!...':!t'-:':,:' :~,~ f 11";:"'r"'~' S",', , ,r'\,. ," , '^. . ' '. j. I " ,'i\" ,I". ~""\"I;\"'\\'r'1'("I~'" .. I.~., ',. ""I,,'.,, .. .' ,< , . 1,'.1 ',' .,"~", il ,i.'~'i ~''j' /~ ....."1~;1 :'~ ",.: t''',(J,I' ..:", /~:,'. .;" '<';,1'", ,:,", ",f,.:::. ' .' , DANIEL E. KISH, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 'IS- (.. 3d' Cl~ 77......... CATHY CRALL SMITH, Defendant CIVIL ACTION - AT LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, the Plaintiff, Daniel E. Kish, by and through his attorney, Jeanne B. Wigbels, Esquire, files this Complaint for Custody against the Defendant, Cathy Crall Smith, and in support thereof, avers the following: 1. The Plaintiff is Daniel E. Kish, an adult individual and the natural Father, who currently resides at 580 Market Street, Millersburg, Pennsylvania 17061. 2. The Defendant is Cathy Crall Smith, an adult individual and the natural Mother, who currently resides at 718 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Plaintiff seeks custody of the following child: Name Present Address Aae Jonathan D. Kish 718 2nd Street 7-1/2 New Cumberland, PA (2/4/90) The child was born out of wedlock. 4. The child is presently in the custody of Plaintiff, Cathy Crall Smith, the child's natural Mother, who currently resides at 718 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070. 5. Since birth, the child has resided with Defendant, Cathy Crall Smith, the child's natural mother. Plaintiff was married in 1993 to Doug Smith and they had a daughter, Jennifer Smith, in December of 1993. The child presently resides with the following persons at the following address: Name Address Plaintiff Doug Smith (Plaintiff's husband) Jennifer Smith (their daughter) 6. The natural Mother of the child is Defendant, Cathy Crall 718 2nd Street New Cumberland, PA Smith, who currently resides at 718 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070, with the subject child, Jonathan D. Kish, as well as Jenny Smith and Doug Smith. 7. The natural Father of the child is Plaintiff, Daniel E. Kish, who currently resides at 580 Market Street, Millersburg, PA 17061. 8. The 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. 9. The Plaintiff has no information of a custody proceeding concerning the child currently pending in any court of this Commonwealth. 10. The Plaintiff does not know of a person not a party to the proceedings, who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. ~ DANIEL E. KISH, . :iN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 98-638 CIVIL TERM . CIVIL ACTION - LAW . CATHY CRALL SMITH, : Defendant : IN CUSTODY OODER OF CXXJRT AND tOI, this ~I day of consideration of the attached CUstody Conciliation directed as follows: , 1998, upon Repo t, it is ordered and 1. The Father, Daniel E. Kish, and the Mother, Cathy Crall Smith, shall have shared legal custody of Jonathan D. Kish, born February 4, 1990. 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 regarding his health, education, and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on the first weekend of each month from Friday at 5:00 p.m. until Sunday at 5:00 p.m. The Mother shall have custody of the Child on the third weekend of each month. The parties shall divide the remaining weekends of each month equally with the Father having custody from Friday at 5:00 p.m. until Saturday at 5:00 p.m. and the Mother having custody from Saturday at 5:00 p.m. until Sunday at 5:00 p.m. Notwithstanding the foregoing, for the month of April 1998, the Mother shall have custody of the Child on the first weekend and the Father shall have custody of the Child on the third weekend. The parties shall COOperate in adjusting the weekend custody schedule in order to accommodate both parties' work schedules or other special circumstances. 4. The Father shall also have partial physical custody of the Child on one weekday evening each week from 5:00 p.m. until 7:30 p.m., with the specific day to be agreed upon by the parties. The parties shall cooperate in expanding the Father's period of weekday custody when the Child is not in school or the Father is not working. 5. The parties shall share or alternate having custody of the Child on . holidays 1I11 follows: ^. Christmlls: In every yeal:', the Mothel:' shall have custody of the Child fl:'OIl1 Christmas Eve at 3:30 p.m. until Chl:'istmas Day at 6:00 p.m. The Fathel:' shall have custody of the child fl:'om Chl:'istmas Day at 6:00 p.m. until Decembel:' 26 at 7:00 p.m. n. Eastel:': In every yeal:', the Mothel:' shall have custody of the Child fl:'om the Satul:'day befol:'e BasteI:' at 7:00 p.m. until BasteI:' Sunday at 3:00 p.m. The Fathel:' shall have custody of the Child on Eastel:' Sunday fl:'om 3:00 p.m. until 8:00 p.m. C. J~:l 4th: In every yeal:', the Mothel:' shall have custody of the C d fol:' a thl:'ee day pel:'iod al:'ound the 4th of July at times to be al:'l:'anged by mutual agl:'eement of the pal:'ties. The Fathel:' shall have an oPPOl:'tuni ty to make up any missed weekend period of custody due to the Mothel:"s expanded July 4th holiday. D. Labol:' Day: The Fathel:' shall have custody of the Child every yeaI:' ovel:' the Labol:' Day holiday fl:'om Sunday evening at 7:00 p.m. thl:'ough Labol:' Day at 7:00 p.m. E. Mothel:"s DaY/Fathel:"s Day: The Mothel:' shall have custody of the Child every yeaI:' on Mothel:"s Day beginning at 9:00 a.m. The Fathel:' shall have custody of the child every yeaI:' on Fathel:"s Day fl:'om 9:00 a.m. until 3:00 p.m. and the Mothel:' shall have custody of the Child on Fathel:"s Day beginning at 3:00 p.m. F. Altel:'nating Holidays: The pal:'ties shall altel:'nate having custody of the Child on New Years Day, Memorial Day and Thanksgiving from 9:00 a.m. on the holiday until 7:00 p.m. if the Child has school the following day 01:' 8:00 p.m. if the Child does not have school the fOllowing day. The alternating holiday schedule shall begin with the Father having custody of the Child on Memol:'ial Day in 1998. G. The hOliday schedule shall take precedence over the regular custody schedule. 6. Bach party shall have custody of the Child for an uninterrupted one-week period each SUJTrner upon providing at least thirty (30) days advance notice to the other party. The pal:'ty who provides notice first shall have preference in selecting his or her period of SUJTrner custody. 7. In the event either party is unable to provide care for the Child for an overnight pel:'iod or longer during his or her period of custody, that party shall make a reasonable effort to give the other party an opportunity to provide care priol:' to contacting other third party caregivel:'s. 8. In the event either party removes the Child from his or her I:'esidence fol:' an ovemight period or longer, that party shall provide the other party wi th an address and telephone number where the Child can be reached in the event of an emergency. 9. The Father shall ensure that the Child attends all regularly scheduled activities during the Father's periods of custody. The Mother shall provide as much advance notice as possible to the Father of activities scheduled during the Father's periods of custody. 10. The Father shall comply with all written recommendations concerning the Child issued by the Child's counselor. ,. , , , ) 11. 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 agreement. In the absence of mutual agreement, the terms of this Order shall control. .- , J. cc: Jeanne' B. Wigbels, Esquire - Counsel for Father_ Sandra L. Meilton, Esquire - Counsel for Mother ~~.aJr>.~ -+1' /fig, ..J:,,~ '\ ,'J .. ,-;: ,. (?, , '~,,<?> "\~ ' ",~ - . ~ \~M. ,~;:r.\ "9..('\ ''h ~. ~. "\ o ....-. ,.f.. \.:. ';;... (.., '.;fl i~\\ V" ..~\\:~\ ", "i~ \.. ...... ',. "' -~;:. .w)".... 4, {;:.....(~) t;,;. ';;U,. ~ '." \-'1' .- , ';:;0.. ..... ...to,' "