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HomeMy WebLinkAbout09-6685G Michael A. Hynum, Esquire Supreme Court ID #85692 Hynum Law 2608 North 3`" Street Harrisburg, PA 17110 (717) 774-1357 TRAVIS SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Oq - 6685 Civil tecal DIANA SMITH, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action within twenty (20) days. You are warned that if you fail to do so, the case may proceed without you and decree, of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High & Hanover Streets, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU.MAY LOSE THE RIGHT TO.CLAIM.ANY OF THEM. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, Pennsylvania 17103 Telephone Number (717) 249-3166 Michael A. Hynum, Esquire Supreme Court ID #85692 Hynum Law 2608 North 3r0 Street Harrisburg, PA 17110 (717) 774-1357 TRAVIS SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. DIANA SMITH, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE 1. Plaintiff is Travis Smith, an adult individual residing at 118 Pleasantview Terrace, New Cumberland, York County, Pennsylvania, 17070. 2. Defendant is Diana Smith, an adult individual residing at 1013 Drexel Hills Blvd.,New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Plaintiff has been bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on November 25, 1999 in Las Vegas, Nevada. 5. The parties separated on August 1St of 2009. 6. Plaintiff avers that there are the following children of the parties under the age of eighteen (18): a. Rachel Smith, age 9, DOB 6/1/00, currently residing with the Defendant. b. Rebecca Smith, age 7, DOB 12/18/01, currently residing with the Defendant.. C. Riva Smith, age 6, DOB 5/21/03, currently residing with the Defendant.. d. Raven, age 2, DOB 6/9/07, currently residing with the Defendant.. 7. No previous divorce action has been filed by either party in this jurisdiction or any other jurisdiction. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 8, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE,Plain tiff, TRAVIS SMITH, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce in his favor in accordance with §3301 of the Pennsylvania Divorce Code. B. Awarding other relief as the Court deems just and reasonable. COUNT II - CUSTODY 12. The averments in paragraphs 1 through 11, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 13. The Plaintiff seeks shared custody of the parties' children. 14. The children's residences have been as follows: a. 118 Pleasantview Terrace, New Cumberland, PA 17070; and b. 1013 Drexel Hills Boulevard, New Cumberland, PA 17070. 15. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other Court. 16. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other State. 17. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 18. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as a party to this action. 19. The best interest and welfare of the children will be served by granting the relief requested because the children need frequent and continuing contact with both of their parents. A Custody Stipulation and proposed Order are being submitted simultaneously with this Complaint. WHEREFORE, the Plaintiff, TRAVIS SMITH, prays this Honorable Court to enter and Order granting the relief requested. Date: ok'- I 0-? U?? 4AA-A.A,---? ichael A. Hynum, sq ' e Supreme Court ID #856110 1 Hynum Law 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff Michael A. Hynum, Esquire Supreme Court ID #85692 Hynum Law 2608 North 3`" Street Harrisburg, PA 17110 (717) 774-1357 TRAVIS SMITH, V. DIANA SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I, TRAVIS SMITH, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ?? S a `? ?iL?- /l?'? Travis Smith MLED--CFHCE CF THE P^ ryL 11.1 NARY 2009 OCT -7 PPS Z= 08 4 440.60 Po ATt`! C? TRAVIS SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-6685 DIANA SMITH, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint filed in the above-captioned matter on behalf of Defendant, DIANA SMITH, and certify that I am authorized to do so. Date: d MAA ?. Dia mith, Defendant 1013 Drexel Hills Blvd. New Cumberland, PA 17070 ,,? -? ;Ry -- r 2009OCT 16 AM 8:28 Alyssa IL Knisely, Esquire LD. 206414 rn MW ; SHAFFER & ENGLE LAW OFFICES CD 2205 Forest Hills Drive, Suite 10 Harrisburg,PA 17112 717-545-3032 *phone 00 i 717-545-3083 *fax alyssa@shafferengle.com TRAVIS SMITH, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNA V. NO. 09-6685 CIVIL TERM DIANA SMITH CIVIL ACTION LAW Defendant. IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Travis Smith, the Plaintiff in the above- captioned custody matter. DATE ' ALYSSA H. KNISELY, ES IRE CERTIFICATE OF SERVICE I, Alyssa H. Knisely, Esquire do hereby certify that on this day of May, 2013, 1 served a true and correct copy of the foregoing Praecipe for Entry of Appearance via U.S. Mail to the following: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Attorney for the Defendant Date: F I I juo�nn— C) Alyssa H. Knisely, Esquire Attorney I.D. No. 206414 2205 Forest Hills Drive, Suite 1 Harrisburg, PA 17112 PH: 717-545-3032 FAX: 717-545-308 alyssa@shafferengle.com Ni.ED-OEr)CE !"H1 Barbara Sumple-Sullivan,Esquire �i= . PROTHONOTARY Supreme Court#32317 2013 MAY 29 AH 1 : 3 549 Bridge Street New Cumberland,PA 17070 CUMBERLAND C p U NT Y (717)774-1445 PENNSYLVANIA TRAVIS SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 09-6685 CIVIL TERM DIANA SMITH, CIVIL ACTION -LAW Defendant : IN CUSTODY STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this 22— day of 2013, by and between TRAVIS SMITH(hereinafter referred to as"Father")and DIANA SMITH(hereinafter referred to as "Mother"). W7TNESSETH WHEREAS, Mother and Father are the natural parents of Rachel M. Smith, born June 1, 2000;Rebecca G.Smith,born December 18,2001;Riva R.Smith,born May 21,2003;and Raven E. Smith,born June 9,2007. WHEREAS,the parties are subject to a custody order dated February 17,2010; WHEREAS,due to changes in Father's living situation,the parties desire to modify Father's physical custody with the children; 1 WHEREAS, the parties have reached an agreement and desire to incorporate same into an Order of Court. NOW THEREFORE,the parties intending to be legally bound,do agree as follows: 1. Legal Custody: It is in the best interest of the minor children for the continuation of shared legal custody by Mother and Father. Mother and Father agree that major decisions concerning the children's health,welfare,education,religious training and upbringing shall be made by the natural parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Mother and Father agree to keep the other informed of the progress of the children's education and social adjustments. Mother and Father agree not to impair the other parties'right to share legal custody of the children. Further,Mother and Father each agree to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. Mother and Father agree not to either attempt or alienate the affections of the children for the other parent or other parent's family. Mother and Father shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. Mother and Father each agree that the children will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. 2. Physical Custo(ky: Mother shall have primary physical custody of the parties' children. Father shall have physical custody the parties' children as follows: a) Presently and continuing until Father secures a residence which would allow for each child to have her own bed, Father shall have custody of the children on alternating weekends on Saturdays from 10 a.m.to 9 p.m. and Sunday 10 a.m.to 5 p.m. In the event Father is traveling out of town for a weekend and can secure appropriate accommodations,Father's physical custody can be extended to overnight from Friday at 5 p.m. to Sunday at 7 p.m. b) Once Father has secured housing which allows each child her own bed, Father's custodial time shall be expanded to alternating weekends from Friday at 5 p.m. until Sunday at 7 p.m. 2 3. Holidays: The parties shall share the major holidays in accordance with the following plan: a. Thanksgiving. Father shall have the children with him each Thanksgiving 10 a.m.until the Friday following Thanksgiving until 9 p.m.Thereafter,the regular weekend schedule shall be implemented. b. Christmas and Christmas Eve: Mother shall have each Christmas Eve from 10 a.m. until Christmas Day until 3:30 p.m. when the children shall go with Father. Father shall have the children through December 26'h at 7 p.m. C. Mother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These holidays shall be from 10 a.m.until 7 p.m. the day of that holiday. d. New Years' Day,Memorial Day,Fourth of July and Labor Day. The parties shall share the holidays of New Year's bay and Memorial Day. Father shall always have Labor Day. Mother shall always have 0 of July. All holidays shall take precedence over the regularly scheduled custodial periods. 4. Vacation: Mother and Father shall each have the right to have two (2) nonconsecutive seven(7)day periods of custody for vacation. Notice of this period of custody should be given as soon as possible but no later than thirty (30) days before the requested period. For the vacation period,each parent can affix his or her vacation week to his or her custodial weekend to extend the vacation period to ten (10)day. All vacations shall take precedence over the regularly scheduled custodial periods. 5. Criminal Backsround: The parties hereby confirm that neither has been convicted of an offense as set forth in 23 Pa. C.S.A. §5303. 3 6. Relocation: Relocation is defined as, any change in residence of the children, which significantly impairs the ability of a non-relocating party to exercise custodial rights. No relocation shall occur unless every other person with custodial rights consents or the Court approves the proposed relocation The party seeking relocation must follow the procedures required by 23 Pa. C.S. §5337 as set forth in Exhibit A attached to this order. The party proposing relocation must notify every other individual who has custody rights to the children.Notice must be given by certified mail/return receipt requested sixty(60)days before relocation or within ten(10)days of the date party knows of the relocation. The notice must include the following- I) Address of the new residence; 2) Mailing address; 3) Names and ages of the individual(s) in the new residence; 4) Home telephone numbers of the new residence; 5) Name of the new school district; 6) Date of the proposed relocation; 7) Reasons for the proposed relocation; 8) Proposal for a revised custody schedule; 9) Other information which the party proposing relocation deems appropriate; 10) Counter-affidavit which can be used to object to the proposed relocation and modification of the existing custody Order; 11) Warning to the non-relocating party that if an objection to the relocation is not filed within thirty(30)days after receipt of the notice of the intention to relocate,that party shall be prohibited from objecting to the relocation. The Court may draw a negative inference from a party's failure to provide notice to a non-relocating party. If an objection to the relocation is not filed within thirty(30) days after receipt of the notice,but the non-relocating party later petitions the Court for review of the custodial arrangements, the Court shall not accept testimony challenging the relocation. If no objection is filed,the relocating party shall file an affidavit confirming that proper notice was given to all parties,a petition to confirm the relocation details and request that the Court modify the existing Custody Order and a proposed Order. 4 IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering n to Agreement with the full knowledge that this Agreement shall be en g this entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, gALED AND DELIVERED IN TH S E OF: W N Barbara Sumple-Sulliv , Esq ire Dian Sm' Alyssa Knisely, Esquire Travis Smith 5 t ' s Barbara Sumple-Sullivan,Esquire Z " — PM 12: Supreme Court#32317 549 Bridge Street CUMBERLAND 3 C GUk l' 1- �p New Cumberland,PA 17070 t�NSYLVAMA (717)774-1445 TRAVIS SMITH, : IN THE COURT OF COMMON PLEAS .plaintiff ; CUMBERLAND COUNTY,PENNSYLVANIA V. NO; 09-6685 CIVIL TERM DIANA SMITH, CIVIL ACTION-LAW Defendant : IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit,this 0day of„ ,2013,upowconsideration of the attached Stipulation for Custody and on motion of Alyssa Knisely,Esquire,counsel for Plaintiff, Travis Smith, and Barbara Sumple Sullivan, Esquire, counsel for Defendant, Diana Smith, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody are adopted as an Order of Court. BY THE COURT, J. cc; ` Barbara Sumple-Sullivan,Esquire,549 Bridge Street,Now Cumberland,pA 17070;(717)774.1445;Barbara- s Alyssa Knisely, Esquire, Shaffer & Engle, 2205 Forest Hills Drive, Suite 10, Harrisburg, PA 17112 alyssaOshafferengle.com leg tyalt'�