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HomeMy WebLinkAbout09-0951 DONIA PARSON Plaintiff, V. STEPHEN SMITH Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 08- 931 CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Donia Parson, by and through her attorney, Mark F. Bayley, and presents the within complaint for custody, representing as follows: 1. The Plaintiff, Donia Parson, is an adult individual residing at 100 I kes Lane, Newville, PA 17241. 2. The Defendant, Stephen Smith, is an adult individual residing at 100 Ickes Lane, Newville, PA 17241. 3. Plaintiff seeks custody of the following child: Name Present Residence Age D/OB Danielle Smith 100 Ickes Lane 1 03/1/07 Newville, PA 17241 4. The child was born out of wedlock. 5. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with: Name Relationship (to the child) Danielle Smith Courtney Parson Step-sister David Parson Step-brother She is not married. 6. The relationship of the Defendant to the children is that of natural father. He is not married. 7. 8. During the past five years, the child has resided with: Name Donya Parson & Stephen Smith Address 100 Ickes Lane Newville, PA 17241 Date Birth to present The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the child is this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth or any other state. 10. Plaintiff does not know of a person nor 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. 11. The best interests and permanent welfare of the child require Plaintiff to have primary physical custody and for Defendant to have contact which may be agreed upon at a conciliation or otherwise be determined by the Court. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference. Z-- ? (co --- oq Date: Respectfully submitted, BAYLEY & 1 U Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff t . DONYA PARSON : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW STEPHEN SMITH : NO.08- 9! ( CIVIL TERM 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 unsworn falsification to authorities. Donya Parson, Plaintiff -A ?Vh\ y ?.d ?.L l Q DONIA PARSON IN THE COUNT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-951 CIVIL ACTION LAW STEPHEN SMITH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 24, 2009 , upq'n consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on ? onday, March 23, 2009 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 hoard 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/ ac ueline Verne Es . 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 fa ilities 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, Pennsylvani 17013 Telephone (717) 2?9-3166 -V IF -A 4 - 4p rv ? ' p 4 1 't+ l r s C- APR 3 0 2009 DONIA PARSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2009-951 CIVIL ACTION - LAW STEPHEN SMITH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this VA day of K %N , 2009, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: Mother, Donia Parson, shall have sole legal custody of Daniel Smith, born March 1, 2007. 2. Mother shall have sole physical custody of the child. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, dark F. Bayley, Esquire Counsel for Mother Frank C. Sluzis, Esquire, Counsel for Father 126P 1'e-9 s/ylv9 F, , C,G :1 Wd ? - M 60OZ ? . _,b DONIA PARSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2009-951 CIVIL ACTION - LAW STEPHEN SMITH, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Daniel Smith DATE OF BIRTH CURRENTLY IN CUSTODY OF March 1, 2007 Mother 2. A Conciliation Conference was held in this matter on April 30, 2009, with the following individuals in attendance: The Mother, Donia Parson, with her counsel, Mark F. Bayley, Esquire and Father, Stephen Smith, with his counsel, Frank C. Sluzis, Esquire. 3. The Honorable M.L. Ebert, Jr. entered a PFA Order dated March 26, 2009 at docket number 2009-788 with Mother as the protected party. Contact concerning custody was not a violation of the PFA Order. 4. The parties agreed to the entry of an Order of Court in the form as attached. Date ac eline M. Verney, Esquire Custody Conciliator