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HomeMy WebLinkAbout03-5494TANYA M. SMITH, Plaintiff ANGEL PABLO OLIVA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- CIVIL TERM CIVIL ACTION-LAW 1N CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 TANYA M. SMITH, Plaintiff ANGEL PABLO OLIVA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 5-qq"l CIVIL TERM CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Tanya M. Smith, by her attorney, David A. Baric, Esquire and files this Complaint and Agreement For Custody representing as follows: 1. Petitioner/Plaintiff, Tanya M. Smith (hereinafter referred to as "Mother"), is an adult individual residing at 22 Bentley Place, Carlisle, Cumberland County, Pennsylvania. 2. Respondent/Defendant, Angel Pablo Oliva (hereinafter referred to as "Father"), is an adult individual residing at 34 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner/Plaintiff and Respondent/Defendant are the natural parents of a minor child, Christian Salvador Oliva, born September 28, 1996. 4. Petitioner and Respondent have not participated as a party, witness, or in any other capacity in other litigation concerning the child in this or another court. 5. Petitioner and Respondent have no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 6. Petitioner and Respondent do not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. Petitioner and Respondent believe and therefore aver that the best interest and permanent welfare of the child require that the parties have shared legal and that the Petitioner have periods of physical custody of the child in accordance with their mutual agreement. 8. Both parties, as evidenced by their joint execution of this Complaint, have mutually agreed upon an amicable arrangement for legal and physical custody of the child and request that the Court enter an Order as provided below without the necessity of a hearing: 7. Petitioner and Respondent believe and therefore aver that the best interest and permanent welfare of the child require that the parties have shared legal and that the Petitioner have periods of physical custody of the child in accordance with their mutual agreement. 8. Both parties, as evidenced by their joint execution of this Complaint, have mutually agreed upon an amicable arrangement for legal and physical custody of the child and request that the Court enter an Order as provided below without the necessity of a heating: A. The parties will have joint legal custody of the child. Mother shall have physical custody of the child on Sunday, Monday and Tuesday until 9:00 a.m. on Wednesday morning when Mother shall return the child to Father Father shall have physical custody of the child on Wednesday, Thursday, Friday and Saturday until 9:00 a.m. on Sunday when Father shall return child to Mother. The parties shall share the Christmas Holiday as follows: Christmas shall be divided into two periods. The first period shall be from Christmas Eve at 12:00 noon until Christmas Day at 1:00 p.m. shall always be Mother's period. The second period shall be from Christmas Day at 1:00 p.m. until December 26 at 7:00 p.m. shall always be Father's period. The parties shall share the Thanksgiving Holiday as follows: Thanksgiving shall be divided into two periods. The first period shall be from the last day of school preceding Thanksgiving until Friday following Thanksgiving at 5:00 p.m. The second period shall be from the Friday following Thanksgiving at 5:00 p.m. until the Sunday following Thanksgiving at 7:00 p.m. The parties shall alternate these periods on a yearly basis, with Mother having the second period for Thanksgiving, 2003. The parties shall share the Easter Holiday as follows: Easter shall be divided into two periods. The first period shall be for Good Friday at 5:00 p.m. until Saturday at 7:00 p.m. The second period shall be Easter Day until 7:00 p.m. The parties shall alternate these periods on a yearly basis, with Father having the first period for Easter, 2003. G. The parties shall share time on the child' birthday as follows: If mother has physical custody of the child on his birthday, father shall be entitled to have the child on the day preceding the birthday from 5:00 p.m. until 8:00 p.m. If father has physical custody of the child on his birthday, mother shall be entitled to have the child on the day preceding the birthday from 5:00 p.m. until 8:00 p.m. H. The father shall have the child every Father's day from 10:00 a.m until 7:00 p.m. regardless of any other provision herein, and mother shall have the child every Mother's Day from 10:00 a.m. until 7:00 p.m. regardless of any other provision herein. 9. The parties will keep each other advised immediately in the event of serious illness or emergency concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 10. Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 11. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Agreement. 12. The parties desire that their Agreement be made an Order of Court through the Court of Common Pleas of Cumberland County, Pennsylvania without the necessity of a hearing or other proceeding thereon and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction for purposes of enforcement or should circumstances change and either party request modification of this Order in the future. WHEREFORE, Your Petitioner and Respondent respectfully request your Honorable Court to enter and Order, in the form attached hereto, providing for the legal and physical custody of the child as aforesaid. Respectfully submitted, David A. Baric, Esquire I.D. 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/domestic/tsmith/custody¢omplaint.pld TANYA M. SMITH, Plaintiff ANGEL PABLO OLIVA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- CIVIL TERM CIVIL ACTION-LAW 1N CUSTODY VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the facts set forth in this Complaint are tree and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsifications to authorities. Further, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms herein be entered as an Order of Court without the necessity of a custody conciliation, hearing, or other proceeding. Date: ~gel Pablo Oliva COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND S8. de leAnNeD ~OW, this X~l? day of Q~I~J)~ , 2003, before me, the un rs'g ed o Iicer, persona y appeared Tany~ Smith, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instmmem, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Jennifer S. Lindsay, Notary Public C~disle Bore, CumbE~rland Counly l My Commission Expires Nov. 29, 2003 AND NOW, this rx,,~J~-22 day of ~4EJ,-t/~t,Uld~ ,2003, before me, the undersigned officer, personally appeared Angel Pablo Oli~a, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Jennifer S. Lindsay, Notary Public Carlisle Bore, Cumberland County My Commission Expires Nov. 29, 2003 TANYA M. SMITH, Plaintiff ANGEL PABLO OLIVA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOLrNTY, PENNSYLVANIA civiL TEK NO. 2003- CIVIL ACTION-LAW IN CUSTODY AND NOW, this consideration of the w upon the agreement of A. S. Oliva, bom Septeml B. Tuesday until 9:00 a.rr C. Friday and Saturday D. be divided into two pe Christmas Day at 1:00 Christmas Day at 1:00 ORDER OF COURT ~ '~'~ day of O o%/.~ _, 2003, upon presentation and thin Complaint and the stipulation and agreement incorporated herein, and the parties, it is hereby ordered and decreed as follows: l'he parties shall have shared legal custody of their minor child, Christian ~er 28, 1996. vlother shall have physical custody of the child on Sunday, Monday and on Wednesday morning when Mother shall return the child to Father ather shall have physical custody of the child on Wednesday, Thursday, .til 9:00 a.m. on Sunday when Father shall return child to Mother. ~he parties shall share the Christmas Holiday as follows: Christmas shall iods. The first period shall be from Christmas Eve at 12:00 noon until ~.m. shall always be Mother's period. The second period shall be from ~.m. until December 26 at 7:00 p.m. shall always be Father's period. E. The parties shall share the Thanksgiving Holiday as follows: Thanksgiving shall be divided into two periods. The first period shall be from the last day of school preceding Thanksgiving until Friday following Thanksgiving at 5:00 p.m. The second period shall be from the Friday following Thanksgiving at 5:00 p.m. until the Sunday following Thanksgiving at 7:00 Mother having the sec F. divided into two perio 7:00 p.m. The second periods on a yearly ba: G. has physical custody o day preceding the birtt child on his birthday, ~ from 5:00 p.m. until 8: H. 7:00 p.m. regardless o Mother's Day from 10: I. serious illness or emer insure that the health a emergency, both partie consistent with the pro ~.m. The parties shall alternate these periods on a yearly basis, with >nd period for Thanksgiving, 2003. The parties shall share the Easter Holiday as follows: Easter shall be ts. The first period shall be for Good Friday at 5:00 p.m. until Saturday at ~eriod shall be Easter Day until 7:00 p.m. The parties shall alternate these is, with Father having the first period for Easter, 2003. l'he parties shall share time on the child' 'birthday as follows: If mother ~the child on his birthday, father shall he entitled to have the child on the day from 5:00 p.m. until 8:00 p.m. If father has physical custody of the ~other shall be entitled to have the child on the day preceding the birthday 30 p.m. [~he father shall have the child every Father's day from 10:00 a.m until any other provision herein, and mother shall have the child every )0 a.m. until 7:00 p.m. regardless of any other provision herein. ?he parties will keep each other advised immediately in the event of ;ency concerning the child and shall further take any necessary steps to td well being of the child is protected. During such illness or medical ; shall have the right to visit the child as often as he or she desires ~er medical care of the child. J. Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. Cumberland County h~ purposes of enforcem~ this Order in the future K. Any modification or waiver of any of the provisions of this Agreement shall be effective only lif made in writing and only if executed with the same formality as this Agreement. L. The parties desire that their Agreement be made an Order of Court through the Court of Common pleas of Cumberland County, Pennsylvania without the necessity of a hearing or other proce~ ,ding thereon and further acknowledge that the Court of Common Pleas of ts jurisdiction over these issues and shall retain such jurisdiction for at or should circumstances change and either party request modification of BY THE COURT,