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HomeMy WebLinkAbout08-6831RACHAEL M. NEWELL, Plaintiff V. SHANE M. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 6 $31 CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is RACHEL M. NEWELL, an adult individual residing at 1169 Ashton Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. , The defendant is SHANE M. SMITH, an adult individual residing at 213 North Prince Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of a minor child, NATALIE M. SMITH (born January 16, 2008). 4. The parties were not married at the birth of the child but resided together with the child until November 13, 2008. 5. Neither party has participated as a party, witness or in any other capacity in other litigation concerning the custody of the child in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 7. 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 custody or visitation rights with respect to the child. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal and share physical custody of the child in accordance with the mutual agreement of the parties as hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor child, NATALIE M. SMITH (born January 16, 2008). Joint legal custody means both parents shall jointly share the right of control of their child and shall share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. Notwithstanding the foregoing, non-major decisions involving the child's day-to- day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and Order and the best interests of the child. B. The Mother shall have primary physical custody of the child. The Father shall enjoy partial physical custody of the child as follows: 1. The Father shall have the child from 4:00 p.m. to 6:00 p.m. on Monday through Friday and every other Saturday and Sunday from 9:00 a.m. until 7:00 p.m. on each day. Father's first weekend will be November 15 and 16, 2008. 2. The parties shall share holidays and the child's birthday as mutually agreed. 3. The Father shall always have the child on Father's Day and the Mother shall always have the child on Mother's Day. C. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. D. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. E. The parties shall do nothing that may estrange the child from the other party or hinder the natural development of the child's love or affection for the other party. F. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. G. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality as this agreement. H. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. 10. It is the present intention of both parties that this arrangement will likely be modified in the future to provide, among other things, for the Father to have some overnight partial custody of the child. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing. November 15, 2007 HAROLD S. IRWIN?i III Attorney for Plairift, 4L VERIFICATION AND CONFIRMATION OF AGREEMENT 1 do hereby verify that the acts set forth in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, I do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. I November 15, 2008 11, (SEAL) November 15, 2008 1 ' ' aSEAL) a COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND :SS: On this, the 15"' day of November, 2008, before me, the undersigned officer, personally appeared SHANE M. SMITH, 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. COMMONWEALTH OF PENNS r LVANIA NOTARIAL SEAL (SEAL) Harold S. Irwin Iii, Esq, Notary Public Notary Public Carlisle, Cumberland County m cmuission expires February 06, 201.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the 15TH day of November, 2008, before me, the undersigned officer, personally appeared RACHAEL M. NEWELL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMAUNWFALTH OF Plrt?, :, v v (SEAL) NOTARIA SL EA l? Harold S. Irwin iii, Esq, Notary Publ; Notary Public Carlisle, Cumberland County m carnniarian ex 'nc F tn!w 4MMONWEAL1H OF PENNSYLVANIA NOTARIAL SEAL Harold S. Irwin Iii, Esq, Notary public Carlisle, Cumberland County e 'res Feb 06, 2011 D O 37 L7 -? 7? NOV 19 2000 HAROLD S. IRWIN, 111 ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2434M080 ATTORNEY FOR PLAINTIFF RACHAEL M. NEWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO.2008 - (PA31 CIVIL TERM SHANE M. SMITH, Defendant : IN CUSTODY ORDER OF COURT NOW, this ? day of November, 2008, upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor child, NATALIE M. SMITH (bom January 16, 2008). Joint legal custody means both parents shall jointly share the right of control of their child and shall share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. Notwithstanding the foregoing, non-major decisions involving the child's day-to- day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and Order and the best interests of the child. B. The Mother shall have primary physical custody of the child. The Father shall enjoy partial physical custody of the child as follows: 1. The Father shall have the child from 4:00 p.m. to 6:00 p.m. on Monday through Friday and every other Saturday and Sunday from 9:00 a.m. until 7:00 p.m. on each day. Father's first weekend will be November 15 and 16, 2008. 2. The parties shall share holidays and the child's birthday as mutually agreed. 3. The Father shall always have the child on Father's Day and the Mother shall always have the child on Mother's Day. C. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. D. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. E. The parties shall do nothing that may estrange the child from the other party or hinder the natural development of the child's love or affection for the other party. F. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. G. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality as this agreement. H. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, Z I 1 Z A ON 90OZ