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HomeMy WebLinkAbout07-4879 ED SMITH, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. d ~- Y ~' ~ 9 Civil Term ANNETTE AND LOUIS JACOME, : ACTION IN CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Ed Smith, (hereinafter referred to as "Father"), whose current address is 168 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendants are Annette and Louis Jacome, (hereinafter referred to as "Aunt and Uncle"), who currently reside at Bear Run Lane, Fort Ritchie, Florida, 34668. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Kimberly Smith 8/1/1995 (12) Bear Run Lane Fort Ritchie, Florida. Mother and Father are not married. Mother's whereabouts are currently unknown, but it believed she is living somewhere in the Gettysburg area. Aunt and Uncle currently have primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Annette Jacome Bear Run Lane January 2005 -present. w The mother of the child is Valerie Irizarry. Her whereabouts are currently unknown. The father the child is Ed Smith. His current address is 168 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania, 17257 4. The relationship of Plaintiff to the child is that of Father. The plaintiff currently resides with his brother, Clyde Shaffer. 5. The relationship of Defendants to the child is that of Aunt and Uncle. The Defendants currently live with the child. 6. 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 other than as follows: There was a prior Juvenile Action in Cumberland County re ag rding Kimberly Smith. That action was terminated approximately two years ago As a result of that action Aunt and Uncle were awarded care and custody of the child. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child other than as follows: Mother was unable to be contacted regarding this petition and stipulation because her whereabouts are currently unknown. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The child wa~laced with Aunt and Uncle in August, 2005, as part of the dependency action which was ongoing in Cumberland County Pennsylvania. Dependency has since been terminated and the child is now twelve years old. The child has expressed a desire to live with her Father who is willing to assume care and custody. The proposed Order would be in the best interest of the child because it reflects the wishes of the child and is sensitive to the needs and desires of the child• Aunt and Uncle and Father are in agreement with this proposed Order. 8. 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 other than as follows: Mother has not been notified because her whereabouts are unknown. This matter was previously assigned to Judge Guido. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: ~ • 1 / ~ Q e Adams, Esquire . No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. G~~ Ed Smith, Plaintiff Date: ~ ' C(~ c~ ~~ > ^ ~ ~ r"~ a~ ~, ~ ,, ~.:~; ~z~ I , ~ y ~ ~' te r ,, ~ t ~ _.. C 1 7'i .~ -t7 ED SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. (~ 7- y 8 ~ 9 Civil Term ANNETTE AND LOUIS JACOME, : ACTION IN CUSTODY Defendant STIPULATION AND CUSTODY AGREEMENT FOR TEMPORARY ORDER /?~~ y~ This Stipulation and Custody Agreement is made this l ~ day of l'TUP~.Ct,~007, by and between Annette and Louis Jacome, (Hereinafter referred to as "Aunt and Uncle"), of Fort Ritchie, Florida, and Ed Smith, (Hereinafter referred to as "Father"), of Shippensburg, Cumberland County, Pennsylvania; WHEREAS, Father is the natural father of Kimberly Smith, date of birth, August 1, 1995; and Aunt and Uncle have care and custody of the child pursuant to a prior Order entered as part of a Juvenile matter in Cumberland County, Pennsylvania; and WHEREAS, the whereabouts of Mother are unknown; WHEREAS, Father and Aunt and Uncle have reached an agreement relative to the future care, custody, and visitation of the child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. A NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: l . Legal Custody. Father and Aunt and Uncle shall have joint legal custody of the child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both pazents shall be entitled to equal access to the child's school, medical, dental, and other important records. Notwithstanding that the parties shall share legal custody, non-major decisions involving the child'sday-today living shall be made by the pazent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Aunt and Uncle have had care and custody of the child pursuant to a prior dependency action and Order entered in Cumberland County, Pennsylvania. Dependency has since been terminated. The parties agree that Primary Physical Custody of the child, as that term is defined in the custody act, shall now return to Father, on a Temporary basis. The child shall reside with Father and attend school in the school district. Either party may petition to change this agreement upon a change of circumstances, or the Order may be amended by agreement of the parties. 3. Partial Cnstodv. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Aunt and Uncle shall have liberal periods of partial custody with the child as mutually agreed by the parties. 4. Transportation and Ezchange. The transportation shall be shared equally by the parties. At all times, the child shall be secured in appropriate passenger restraints. 5. Ongoing RelationshiQ Neither party shall attempt to undermine the mutual love and affection that the. child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remazks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfaze of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of ~e C1Wd. Emergency decisions regarding a child shall be made by the party then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and ModiScation of Order This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. f IN WITNESS V~~HEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Jane Adams, Esquire 64 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Father 1 i ss Ed Smith, Father Annette Jacome, unt ~, ~ r~ ~~ i ess Louis Jacome ncle IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: d" Adams, Esquire 6 South Pitt St. arlisle, Pa. 17013 (717) 245-8508 Attorney for Father Witness Witness Ed Smith, Father g"l13`U``~ Annette Jacome, Aunt Louis Jacome, Uncle n -~..~ c- ~ !~~ - _~~ n r,-- J "7' ? '' _ -v 1 -r 7 s„ ' .~, 's a'' .. -=~ ,J ~_L7 ..~ ..L t, ~ AUG 2 2 2007~''f ED SMITH, TN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. D ~- Y S ~ g Civil Term ANNETTE AND LOUIS JACOME, : ACTION IN CUSTODY Defendant ORDER AND NOW, this a ~ day of , 2007, having reviewed the attached agreement between the parties dated August 13, 2007 it is hereby ORDERED and DECREED as follows: 1. Ed Smith, Annette Jacome, and Louis Jacome shall share legal custody of Kimberly Smith, whose date of birth is August 1, 1995. 2. Ed Smith shall have primary physical custody of Kimberly Smith. 3. The parties' agreement Court. shall be entered as an Order of cc: ~ane Adams, Esquire, for father Ed Smith ~nnette and Louis Jacome, aunt an J Judge Edward Guido. x 4n ~ 'Of ~~ ~~ a.3t i~ CUU~ ,,`. 1~~~~1~,,:rrt.~.C~~ .~~~"~. ~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TRACY A. DAIHL, =~ ~~ ,_ ~,N 2008-4879 CIVIL TERM Plaintiff VERSUS MICHAEL L. DAIHL, NO. Defendant DECREE IN DIVORCE AND NOW ~ 2008 _ , IT IS ORDERED AND TRACY A. DAIHL DECREED THAT AND MICHAEL L. DAIHL ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE SEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. Y T,~-I E ST: J. PROT OTARY ~+ ~L ~% t: ~: f_ ~y ~ ~~ "~