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HomeMy WebLinkAbout99-02546 l i I \ I I I "I ~, .,1 ~I ~I i ;:il '.. i V)\ "-, "\ \ \ , i \ ) I I / r / ,..1 / I , i ~ \. ~i - . Dovelle R. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-a5% CIVIL TERM Angela M. Smith, Defendant CUSTODY TEMPORARY CUSTODY ORDER " AND NOW, this z. i"" day of Ar1999, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to temporary custody of the parties' children: Joshua Smith (DOB 11/20/85) and Brant Smith (DOB 9/27/90) . 1. Defendant, hereinafter referred to as the mother, and plaintiff, hereinafter referred to as the father, shall have shared legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children every other weekend from Saturday at 8:00 a.m. through Sunday at 6:00 p.m.,and on Wednesday evenings from 4:00 p.m. until 9:00 p.m. Father's periods of partial custody shall begin on Saturday, May I, 1999. 4. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. 5. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 6. children children Neither party shall do anything which may estrange the from the other parent, or injure the opinion of the as to the other parent or which may hamper the free and , . ',' -; ,')' - ....... '" '. . : .: ,'; .'... " '. >. ~ '^ '. '. \' .~ \ , ", ..' ". . " "- co E ~ lr. N .,- 1.L,t;:"? :.J ..,~ ~-!r: u: :-j:.{ ',1_,... ~ ~. S);.;>. ~:'.:;;i C.]:' 0::' c.-v.; LL; N ~l ;_:: iE:" ;'!. C.-:-: ~2 "- '.~~ t ij i :~. -..; ~:::~ CJ_ t) 0-. "i <;''' 0 ..... . . natural development of the children's love or respect for the other parent. By the ~ourt, I / /:J- PI--- , Judge If entered pursuant to the conse t of Plaintiff and Defendant: (') . (.~ 1\ L.!m~~t:-)/lll;b\,- .' Angie mith Defendant p;. ~ i 1 /7./ (/,' /" .' / ____ j/Ct- (~~+-K'=- - Dovelle Smith ~]~ Gl- fl-~-vJ ~iLC/ o'an Carey (J Attorney for Defendant Paul B. Orr Attorney for Plaintiff - . ,:. ':,' , . . ."', ,'. ",-., . '. ,,' ..'" .',' .,', ,I;. . ',' ",', ,,'x" ,').. .,.. . ~~ Va ~ ':I- t , - 4 c': ~ ,~ I I ! I , I , I I ! , , '"J . ' ,',' :.". ,", ": '"" .. ,. . ,',' ., , , ""'""7-'>-- -,." \.0 ~ i.:- " . C~ e u.' ,..., .....J ~ t"- I~:i . 0~ '- ('~: I I '- ~ ,I ~ ",,:'11 '" Q " c. ,;, Cj i, "1- ~ ~ ~ \ (".\ , t'., I...J -r:;. ~ ....11 ~ l:l:: l:l:: o .... ' 00;; lfll:l::j u 0 t- o _ U. < it 0 i:l o ;;:i ~ ~~~ ;:l ~ . . . . ...' "'''' ~.... ' 0'" ......!-Q . VI .... ., G~~ :E :i:q ..~~ ~<~ ou- '" ~ . , '." ',.' . . - . , '.... ':::' . i." . . '",' -' .., .. DOVELL R, SMITH Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :No. 99-. J.S'lffo G;O('( ~~ : CIVIL ACTION - LAW : CUSTODY v. ANGIE M. SMITH Defendant ORDER OF COlJRT AND NOW, Mo." \ d. I , 19 ji, upon consideration of thc attached Complaint, it is hereby direeted that the parties and their respective counscl appear before \===ow" ~ \~ r\r\9'-j \ E'I"l-\-' the conciliator, at .3'1 \...J, I'-h,r\ err) \I.c~\C~nthe~daYOf '-~\:.... ,1993-,atJlillO.,o'c1ock, Q..,I1l., 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 01' permanent order, FOR THE COURT: 13y: ~ \~)\\ sA. )\U.ff'C.I;rUl . ~. . Custody Conciliator .. ---cr-v i~,) The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitics Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court. please contact our omce. All arrangements must be made at least 72 hOlll'S prior to any hearing or business belore the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR LA WYER A r ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII13ELOW TO I:IND OUT WHERE YOU CAN GET LEGAL IIELP. Oflice of the COll/1 Administrator Cumberland County Court House, Fourth Flol)1' Carlisle.PA 17013 (717) 2-10.6200 '.t. . ' . , . . i '. .' , , . , J'. _,' . ,'. '" . . ~, " , . ...., \, . " , . " I ....., t\ ,:: -, ....,I~ \"." ~l" "", ',;:~ 1~''I':,ny (,~ ' . " I"" , f'" t'), ":''1 n,]tl':\! I> ';l.J' ,1_ J' Illd '- " "I"IY ~... ",.'., -.' '.).,iI.I:" vl...,I'.'I..._. .I~'," ",' .')'.~. II, !"~'I/l \,,1,1,. " :\ r ,-":1 ~I\u t." .' ,. ..5>>'7;; t1~ c'~~~-< ~ 4. tCr-r . S /.) f?fl 710?~ ,Ntd,~/ z ~ ~~.?'~~ 5..Q ~'/ ,(~ A1~/ Z ~ ~....,(> .' .'. . .. ,.... . ., .'> . , , DOVELL R. SMITII Plaintiff : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; No, 'i fl. .LJ'/~ C~( -r;.u-- ., .,: .' ~'. , .." ',.,...'" "'.: ':'. ~ ".','.:,', " . ,. " : ."'.' v, ANGIE M. SMITH Defendant : CIVIL ACTION. LAW : CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plailllirt: Dovell R. Smith, by and through his allorney, Paul Bradford Orr, Esquire, and avers thc following in support of this Complaint for Custody: \, Thc Plaintirt: Dovcll R, Smith, is an adult individual who currcntly rcsidcs at \80 Altcrs Road, Carli sIc, Cumbcrland County, Pcnnsylvania \7013. 2, The Dcfendant, Angic M, Smith, is an adult individual who currcntly residcs 29 Wcst Main Strcet, Newvillc, Cumberland ('ounty . Pcnnsylvania 17241. 3, Thcrc arc two dcpcndcnt ehildrcn ofthc partics. namely Joshua B, Smith, DOB \1/20/85, and Brant (', Smith, DOB 09/26/90, 4. Plaintiff seeks primary ofthc following children: Nam~ Prcscnt Residence Aile Joshua B, Smith 29 West Main Street 13 Yrs, 5 mths, Brant C. Smith 29 West Main Street 8 Yrs. 6 mths The children \\we not born out of wedlock The childrl'n arc preselllly inlhc cusl"dy "rlheir n1<llhcr, Deknd:lIlI. Angie ~1. Smilh, \\110 clIrrenlly reside" al ~'I W. Main Slree!. Cumlll'r1and CounlY, Carlisk,l'enn\)I\:ll1ia 170 I J. During the past live ycars, thc childrcn havc rcsided with thc following persons and at the following address: Namc Addrcs~ Dates Dovclle Smith J3 E. Main Strect 1990 - Dec. 1, 1998 Angie Smith Ncwville,I'A 17241 Dovell Smith 180 Alters Road December 1, 1998- Angie Smith Carlisle,I'A 17013 April 19, 1999 Dovell Smith 29 W. Main Street April 19, 1999 to Angie Smith Newvi lie, P A 17241 Present The mothcr of the children is Dcfendant, Angie Smith currently residing at 29 West Main Street, Carlisle, PA 17013. The fathcr of the childrcn is Plaintiff, Dovell Smith currcntly residing at 180 Alters Road, Carlisle, Cumbcrland County Pennsylvania, 17013 5. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: Nonc The relationship of the Defendant to the children is that of natural mother. To Plaintiffs knowledge, Mother currently residcs with the following pcrsons: Lester and Jcan Mooney, Parents of the Defendant. 6. Plaintiff docs not know of a pcrson not a parly to the proccedings who has physical custody of any ofthc childrcn or claims to have physical custody or visitation rights with respcct to the children. 7. Thc bcst interesls and pel'll1nnclll wcllilrc oflhc children will be scrved by granting the relief requested bcenuse: (n) Plaintiff is thc natural f1l1hcr of the childrcn; (il) Plainliffhas e;;tnillbhed arelalionship with the childrcn; (c) Plaintiff dcsires to continue cxercising parental duties and enjoys the love and nfl..'eli,," "flhc children; (<I) ') he ehildrcn sllllnld be pcrmittcd to enjoy the love, affection, and emotional sUPll\ll'1 which cnn bc provided by their natural father. Ie) Plaintifflllls undertaken and pcrformed the primary parental responsibilities for thc childrcn; and (t') Plaill1iff is bcstablc to provide the care and nUrlure which the children need for hcalthy' devclopmcnt; and (g) ^ Coul1 Ordcr of custody and structured visitation is desired so that tbe Plaintiff 1I11d thc childrcn muy plain their schedule accordingly, and so tbat misundcrstandings and unmel expectations regarding custody and visitation can bc avoidcd, and also so thatthc children are not uscd in a manipulative fashion. (h) Plaintiff dcsires tomaintainthc family houschold which as bcn cstablishcd, and thc c"ntinucd stability ofthc houschold is in thc bcst intercst ofthc childrcn. (i) I )clCndant is engaged in an extramarital affair and is unable to providc a stable alldsuitahlC h"usehold lor the children. (j) I ki'cld'"1t is crratic alld abusive bchavior poscs a threat of haml to thc children. (I.) I "'i'clldalll has a history of mcntal illness. Most recently, was involuntarily ,,'lIIl11in,'d 10 C:lrlisle Hospital due to a suicidc ancmpt. >- \.{) '- C-.' c_ r_; (~:.. , '. IU :~ ) ( " ....,. i~~: - : .. , ....\ ",.J , - .J , ~~) -, r. " f., , L '" - -- L L - k! " ., ,. ....1: , , ,-, ._~) C, G-'\ U ,~,=.. .; ;LEGAi. SERVICES, INC. , 8 tRvtNE ROW CARUSl.E. PENNSYLVANIA 17013 , (717) 243-9400 " Fax (717) 243-80211 W~SI., 50011I l71il 766-8476 Shlppemburg (717) 6.>>l5868 ~j-' .' ',' '. ,,~',",(...w..'h"':"" , "". :'. .)- '. . ,,' " '. '," . ' , f)~ ~~i ~~E-i~ t5 "" :g ~~j ..... ... H m~.a-o ..... ~ E-iE-i J:>" 1l r- iD.E,~ .... ~S s.g~::.- .... .Ut5~ c c l!il :: , "'~ .... ~ <Ii! - C . III . . 'l' '<<l e.O f)~.o~8 ii1~ ~ .2l ~I P(l8i~::E" H ii1 E (oj ti ~ E-i ;';l;~~ ~ ~ '" :: E ~ ,!.! H =.s~ ; g~~5 :E: . U) ~~!Jl ~~ 0: W . 8 ::E :~g ~ :E: ~ W ~ H ~ ~ ,..IUN1.J .~- . -.-...- DOVELL R. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-2546 CIVIL TERM ANGIE ~1. SMITH, Defendant CIVIL ACTION - LAW IN CUS'IODY ORDER OF OJURT AND OCM, this /(,' day of ~'Vo- consideration of the attached Custody ConcilIation and directed as follows: , 1999, upon Report, it is ordered 1. The parties shall submit themselves, their minor Children, and any other third parties deemed necessary by the evaluator, to a custody evaluation to be performed by a professional selected by agreement of counsel. The purpose of the evaluation shall be to obtain a determination concerning the relative fitness of both parties as parents and to obtain recorrmendations concerning ongoing custody arrangements which will best serve the Children's interests. The Father shall be responsible to pay all costs of the evaluation. The parties shall sign any releases or authorizations deemed necessary by the evaluator to obtain medical and/or psychological information and records pertaining to the parties or Children. 2. Pending further order of Court or agreement of the parties, the prior Order of this Court dated April 28, 1999 shall continue in effect as modified by the provisions in this order. 3. The Father's periods of alternating weekend custody shall run from Friday at 6:00 p.m. (rather than Saturday) through Sunday at 6:00 p.m., beginning June 11, 1999. 4. The Father shall have custody of the Children for two non-consecutive weeks during the surrmer upon providing at least 10 days advance notice to the Mother. The Father shall not select either the last week in July or the first week in August as his periods of extended custody under this provision. 5. In the event the Father intends to remove the Children from his residence for an overnight period or longer during his periods of custody, the Father shall provide to the Mother an address and telephone number where the Children can be reached in the event of an emergency. 6. The parties shall exchange custody of the Children in front of the maternal grandparents' home. The Father shall remain in his car during all exchanges of custody. 7. The parties shall cOlll11L1nicate with each through the maternal grandmother for the limited purpose of facilitating custody arrangements or exchangeing necessary information concerning the Children. I I I I I I ,I , I ) ! I I , /:' !:: U7 (..- (\.! .-.- ;, ,. (":, ,. I" \._, " '. " , (';', ':;1 " '-." " () . . . , DOVELL R. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYr.VANIA : vs. NO. 99-2546 CIVrr, TERM : ANGIE M. SMITH, CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOO JUDGE: Kevin A. Bess alS'lOOY' <XNCILIATlOO smMARY REPORT IN ACOORIlANCE WITH <nlBERr.AND CXXJNTl[ RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURREN.l.'I.Y IN CUS'l'(Dy OF Joshua B. Smith Brant C. Smith 11/20/95 9/26/90 Mother Mother 2. A Conciliation Conference following individuals in attendance: counsel, Paul B. err, ESq1lire, and represented by Jan Terpening. 3. The parties agreed to entry of an Order in the form as attached. was held on ,June 9, The Father, Dove11 R. the Mother, Angie M. 1999, with the Smith, with his Smith, who was Date ~ If') 199 7' . , [1.~~~ Dawn S. Sunday, Esquir CUstody Conciliator " '," r,~~'.iii;i.... ~~l AUG 2 5 19~ OOVELL R. SMITH, . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW NO. 99-2546 . . ANGIE M. SMITH, : Defendant : IN CUSTODY ooom OF COORT AND NCM, this 18th day of August, 1999, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the partics, heLeby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for today, August 18, 1999 is canceled. FOR THE OOURT, ~9~d~1~ Custody Conciliator . ' '. ,. " . . ~ :. " t. " . "'.' '" . , ,.' . . . ,,' .' , .' ';. . \:'. . , ~ ~ o .... o t:l ,. V1 ~3 eJo.. - ILo <: it t:l j:; o ~ 1;1 ~~~ ....I o-l <: ;::J ~ fijl"'\ ;:l8 "', 1= t--.l" V'l_lI"l :J:~"i' ~t\:CO :E ....:q ...t;j~ ~ii1~ ~0~ " " ' , ' , . ~ " ' 01 GCT29 'I?...iy CUI.:..,.;. ... '0"'1 ... 'I~,./. ;:~. 'l-f 0, ':,--1 (,.1"')');\'/)1 h::Ni\'S'rl\li \'1' , ~I ..1,\ :.':: ';1'11 '4, ,,' , , ;" \', r"" . .' , '-, , 2. The parlies shall have joint physical CUSlody of 111e child 3. The parties shall exercise their righllo "Physical Custody" based on an alternating weekly schedule beginning 0/1 Monday at 7:00 p.m, through the following Monday at 7:00 p.m. Father shall have custody of the childre/l on the weeks he is not working. Mother shall have custody of the children 0/1 the weeks that Father is working. a. It is agreed that the parties will continue a similar schedule for subsequent weeks, unless it is agreed otherwise. O. During the school year, the cuslodial parent is responsible for supervising the children's school work and any school and/or non-school related actiVities. 4. HOLlDA YS - The parties are going to work out an agreement to share the following holidays: Christmas Eve Christmas Day Thanksgiving Day a. Mother's Day the MOlher will have the child. b. Father's Day the Father wiII have the child. 5. It is agreed tllal both panies shall be cmilled to two weeks of summer custody for vacation purposes. Each parent shall notify the othcr parem, in writing, of the dales and times of said SUlllmer custody at le~slthirty (30) days prior 10 lhe lime 111al each parem intends 10 exercise such right. Ihh."1Imrltl N. l/JOMJ , ,.. :. -;". .' ..'.' '.' -:. .' .', '..' .'':' ,", , . . .,.".... '.' .- \- 6. It is agreed that Mother will have the right to claim the dependency exemption for Brant Smith and Father will claim Joshua Smith, Upon emancipation of Joshua Smith, Father will claim the dependency exemption for Brant Smith in the odd years and Mother will claim the dependency exemption for Brant Smith in the even years. 7. Both parties shall permit telephone contact to the non-custodial parent with the children. 8. The parent receiving the children for their custodial period shall be responsible for transpOrtation, unless otherwise agreed between the parties. 9. Both parties agree to cooperate with one another in the implementation of the aforesaid Agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or times specified may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the child. To that end, the parties agrcc to cooperate with one another to encourage the relationship of the child with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. 10. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the other of his/her new address and telephone number. 11. Both parties agree that neither shall move out of the jurisdiction of Pennsylvania wit11 the children WitllOut consent of tbe other parent or COlJrt order. [)OC'UWK'fff II: 1/J06l,1 - ,~ , ' .. . ~, ~ ",": l.: . . .' . " ' , " , 12. This Agreement shall be effcctive immediately upon signature by both parties and its validity is not contingent upon Court approval. WHEREFORE, the parties pray that the Court enter the Order attachcd hereto. We verify that the statements made in this Petition are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 rel.tin, " "",wore 'oJ,m""",,, ,"""'ri'.,. .. _~ D.~ 10-17- 0 I I;/~ R ~_.u Dovelle R. Smith, Plaintiff - ,/-'\ J/ -I / / . ~ l(~,~:~ji~~f~,~Ll--:~ I ~/ , Date: I /JOCIlfrU'n1 If: }/IOM, / COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS Personally appeared before me, a nOlary public in and for said Commonwealth and County, the undersigned, Dovelle Smith, Plaintiff, who, being duly swom according 10 law, deposes and says that he is the FATHER and that the facts sel forth in the within Stipulated Custody Agreement are true and correct to the best of his knowledge, information, and belief. Sworn to and subscribed before me this /7/1L day of (}f60el7 .2001. Notarial Seal Healher L. Smilh, Notary Public Carlisle Born, Cumberland County My Commioslon Expires Apr. 7, 2003 Momber, pennsy vania ASsoclllllon ('J Notarlos ~.JwJM~~ otary Public [)OOJnsrnr N: 111064 I , '.' .' " ," - . " " " .'. ,." ., , ,,' ., . , '>- a. r:: r~__ "- ' ~" , ". :.:;~ ~, ) -.{ :c.:.;; () :-::.: , . , ~J , , J} (',~' I .. , I~J , , :1. L: j <- u -.) \ - " " " ',. ,\ '0'