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Home My WebLink About08-0959CAROLYN B. DOLLINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DALE A. SMITH, No. 08 - QSq CIVIL Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Carolyn B. Dollins, residing at 112 Shady Lane, Enola, Cumberland County Pennsylvania, 17025. 2. The defendant Dale A. Smith, residing at 430 Clover Drive, York, York County, Pennsylvania 17406. 3. Plaintiff seeks custody of the following child: Name Present Residence Phoenix R. Dollins 112 Shady Lane Enola, PA 17025 The child was born out of wedlock DOB Age 05/10/2006 1 '/z years old 4. The child is presently in the custody of Carolyn B. Dollins, residing at 112 Shady Lane, Enola, Cumberland County Pennsylvania, 17025. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Carolyn B. Dollins and 1180 Oyster Mill Road 5/2006-3/2007 Karim Rekik Camp Hill, PA 17011 Carolyn Dollins 79 Hillside Circle 3/2007-9/2007 Steven Dollins Camp Hill, PA 17011 Allie Hazard Gage Dollins Owen Dollins Carolyn B. Dollins 112 Shady Lane 9/2007-present Nicole Nickel Enola, PA 17025 5. The mother of the child Carolyn B. Dollins, residing at 112 Shady Lane, Enola, Cumberland County Pennsylvania, 17025. She is married. 6. The father of the child Dale A. Smith, residing at residing at 430 Clover Drive, York, York County, Pennsylvania 17406. He is not married. 7. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons. Name Relationship Nicole Nickel Roommate 8. The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name Relationship Darla Smith Mother John Smith Father 9. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief request because: A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiffprimary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, Rominger & Associates Date:February 11, 2008 arl E. Rominger, Esquire 155 S. Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff CAROLYN B. DOLLINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DALE A. SMITH, No. 08 - CIVIL Defendant IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Z?? 4 tapKm R. Dollins, Plaintiff O N (r' ?J -Ml rY N Cn C:.7 rrn UD c-n .k:7t.7 ?;?j? A CAROLYN B. DOLLINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DALE A. SMITH DEFENDANT 2008-959 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 15, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 27, 2008 at 9:30 AM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. GRro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1*01r? 4?V la.51.e, S I Q Wd S 153.E 8802 16 - we 1 8 tooer CAROLYN B. DOLLINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW DALE A. SMITH, NO. 2008-959 Defendant IN CUSTODY COURT ORDER AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Carolyn B. Dollins, and the father, Dale A. Smith, shall have shared legal custody of Phoenix R. Dollins, born, May 10, 2006. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary custody of the minor child as follows: A. On every weekend from Friday at a time mutually agreed upon by the parties until Sunday at a time mutually agreed upon by the parties. B. At such other times as agreed upon by the parties. 4. In the event either party desires to modify this order and the parties are unable to reach an agreement, either party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, cc: ' cent M. Monfredo, Esquire ?Z. Dale A. Smith COP t e.s m& I CCL J. ?? l k _? EHl :10 CAROLYN B. DOLLINS, Plaintiff v DALE A. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-959 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Phoenix R. Dollins, born May 10, 2006. 2. A Conciliation Conference was held on March 27, 2008, with the following individuals in attendance: The mother, Carolyn B. Dollins, with her counsel, Vincent M. Monfredo, Esquire, and the father, Dale A. Smith, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: a f1 aj- A ; Hubert X. Goy, Esquire Custody Conciliator