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Home My WebLink About94-02214 f oE V) . tI) "7 1 -'I 1! VJI , I I ~, \ \ \ \ J ) / / / / i )1 I : Ji : . i , I :1' -- : co: COI I &: AND NOW, ~~ CUSTODY ORDER thiS~~' day of April, 1994, upon , WENDY S. SMITII, IN TIlE COURT OF COMMON PLEAS OF Pet i t ioner v. CUMBERl.AND COUNTY, PENNSYl.VANIA NO. 94- ~/cf CIVIL TERM CUSTODY RANDY L. SMITII, Respondent consideration of the Petition for Special Re lief, temporary custody of Randi Lynn smi th and Amanda Marie Smith is granted to the plaintiff until further Order of Court. The responent is ordered not to not remove the chi Idren from this Court's jurisdict ion pend ing further Order of Court. A.Al11-- ,I..... 8H~lbufl.~..J P-v..u.lJ 81...... ir[ ~ U~pUJ l"u"IIL ..Lul1 U\.I.....''''.t ...... ...nl,o ....l".J ..1\..e /Y(jV\ ~t ~ervice may be accompl ished under any appl icable rule of Civi I Procedure. Any deputited Sheriff's Department is instructed to facilitate transfer of the children from the respondent to the petitioner. By the Court, Judge WF.NDY S. SM ITII, I N TIlE COURT OF COMMON PLF.AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-~/c/ CIVIL TERM CUSTODY Pet i t ioner v. RANDY L. SMITH, Respondent PETITION FOR SPECIAL RELIEF The Petitioner by and through her attorney, Joan Carey of Legal Services, Inc.. represents the following: 1. The pet it ioner, Wendy S. Smi t h, hereinafter referred to as the mother, resides at 24 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The respondent, Randy L. Smith, hereinafter referred to as the father, resides at 1600 Hunter Street, Harrisburg, Dauphin County. Pennsylvania 17104. 3. The part ies lire the parents of RancH Lynn Smi th and Amanda Marie Smith. 4. On April 27, 1994, a Complaint for Custody was filed in the above- captioned matter. 5. The mother has been the primary caretaker of Randi Lynn Smith and Amanda Marie Smith since their births. 6. On or about April 9, 1994, the Saturday after the father's release from prison. the mother facilitated a visit with the children and their father and agreed to other visi ts at mutually agreeel upon times. 7. On or about Apri I 23, 1994. Ilt the time of IIn IIgreed upon visit, the father refused to return the chi Ielren to the mother when she arrived lit his home to pick them up at the agreed upon time. The mother fellred that the respondent would physically abuse her if she tried to take the chi Idren; therefore, she left without them, 8. The father has not ncted in the chi Idren's best interest for reasons including the following: a) The father has not taken the part ies' 7 year old daughter, Randi Lynn Smith. to her school at Northside Elementnry School in Mechanicsburg since April 23, 1994. b) The fnther telephoned the mother's fricnd, Angela Beck, on Apri I 25, 1994, and threntcned to takc the parties' chi Idren out of state if hc did not hear from the mother by the end of this wcek. 9. The mothcr requircs this Court 's intcrvent ion bccausc she fcars abusc from the father if she were to go to the father's home to get her children for reasons including the following: a) Thc father has physically abuscd the mother in the past. The mother had a Protective Ordcr against him in Dauphin County in 1989, and left him in June, 1993, for reasons including continuing physical abuse and his drug use. b) In December, 1993, at the mother's request and because of her fear of the father, Legal Services, Inc. sent the father a letter in advising him that he would be a dcfiant trespasser if he went to the mother's home and advising him of the legal ramifications of harassment, threats of physical abuse or of physical abuse to the mother. See Exhibit A attached and incorporated hy reference. c) The fathcr has a history of drug usc, criminal convictions for theft and hurlary, and parole violation. Thc father was released from Dauphin County Prison approximatcly 2 weeks ago after serving several months for parole violat ion for drug use, and is current Iy under maximum supervision with thc State Parolc system. 'MfEREFORE, the pet i t ioner requests that this court enter a Temporary Order grant ing immediate custody of the chi Idren to her unt i I further Order of Court and supervised visits with the respondent. The petitioner further requests that the respondent be ordered not to remove the chi ]dren from this Court's jurisdiction. The petitioner requests any other relief which is just and proper. Respectfully submitted, for Pet it ioner LIDAL SERVICES, INC. 8 Irvine Row Carlisle, PA ]7013 (7]7) 243-9400 The above-named petitioner, Wendy S. Smith, verifies thnt the statements made in the above Pet i t ion nre true nnd correct. The pet i t ioner understands thnt false statements herein are mnde subject to the penalties of 18 Pa. C.S. ~ 4904 relnting to unsworn falsification to authorities. Date: <7/;;' l / '1 '-/ I:'/~A~'?"'? 2:> ~.~_.~, Wendy S. smith, Petitioner LEGAL SERVICES, INC. lllrvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Fax (717) 243-1102b West Shore (717) 766-H475 December 1, 1993 F'IRUIII Farm L&M l1wmbcntMl'lopt"ftt)1vllAII11:01 (717)::64.S))4 ''IW1ltlh!Jiurcl (H:I1J.t!vt..I'cnfta)'IYI",.I7.115 p'll'JJ}4.1W liB Llncu" W.., E..I '.().u.....u, Mdounncll.bllrlo PCnnl)tvl"" I11JJ (11714"'-4015 Mr. Randy Smith 0-33240 Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 Dear Mr. Smith: Wendy Smith recently came to our office to discuss her concerns regarding your saying that you will find her when you get out of prison within the near future. This letter officially gives you notice that you will be considered a defiant trespasser if you go to her residence. The penalty for defiant trespass is up to one year imprisonment. Ms. Smith has also stated that you have abused her in the past. She does not want any further acts of violence to occur in the future. You should be aware that criminal laws apply to acts of violence even when they occur between husband and wife. The penalty for simple assault, which can include "attempts by physical menace to put another in fear of imminent serious bodily injury" is up to two years imprisonment and a $5,000.00 fine. For harassment (including striking, shoving, kicking, alarming or seriously annoying a person), the punishment is up to a $300.00 fine and 90 days imprisonment. Harassment by communication is also a crime punishable by up to one year in prison or a $2500 fine. The crime of stalking includes engaging in a course of conduct such as following someone without proper authority intending to cause the person fear of bodily injury or substantial emotional distress. Stalking is punishable by imprisonment for up to seven years. Ms. Smith has also been advised of a civil remedy available under the Protection from Abuse Act. Under this Act, she can petition the court to issue a Protective Order. If such an order is entered, it will be placed on file with the police, and if you violate the order, you will be taken before the judge who issued the order. The judge will then decide what punishment is appropriate. A person who violates such an order can be imprisoned for up to six months. I hope your awareness of the consequences of violent acts "'11 i Ii i l :\ SERVING ADAMS, CUMIIERLAND, FRANKLIN AND FULTON COUNTIES (0 u..=a ......-:-.....",-. ( Mr. Smith December 1, 1993 Page 2 will help to prevent the recurrence of such acts in the future. I would also like you to be aware that there are counselors in the area who specialize in helping people who wish to eliminate violence from their close relationships. The fees for some counselors are based on the income of the person requesting the service. In the Carlisle area, Stevens Mental Health Center has sliding scale fees, and in the West Shore area, Holy Spirit has such fees. I strongly recommend these or other counseling services. Sincerely, LEGAL SERVICES, INC. c!~y~ Attorney at Law JC:ct cc: Police Department Wendy Smith Dan Manuso, Parole Officer .~,o!~ :_'-~ WENDY S. SMITIl, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMRERLAND COllNTY, rrlNNSYLVANIA 1\0. 94 - :J.;),II/ CIVIL TERM CUSTODY RANDY 1.. SM I TIl, Defendant AND NOW, QRDRR OLgJURT this'98th dny of hr.1 Icr?llpon consideration of the attnched complaint, it is herehy dirccted thnt the pnrties nlld their respective counsel appear before Hubert X. Gilroy, ESq.~~1 L. Andcs, ~ on the 7-11, day of .T.....f\(~ ,1994, at (lp. .m., on the 4th Floor of the Cumberland County Courthouse/ the Inw offices of Andes. Vaughn & Bnngs, 525 North 12th Street, .--- n Pre-Henring Custody Conference. @iiloyne, Cumber land ~~unt:.~_~e~.~~ja,'for At such conference. an effort wi II be madc to resolve the issues in dispute; or if this cannot be nccompl ished. to define und nnrrow the issues to be heard hy the court. nnd to enter into a temporary order. Fai lure to nppenr at the conference may provide grounds for entry of n temporary or permnnent order. For the Court, ~7!::!E~~~ 7l~~. 70J Samue I L. Andes. Esq. ~rl Custody conci I intor YOU SHOULD TAKE nJls PAPER TO YOUR lAWYER AT ONCE. IF YOU 00 NOT IIAVE A lAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE nlE OFFICE SET FORTI! 8ELOW TO FIND our WHERE YOU CAN GET L&JAL H~:J.P. mURT AOMINI STRATOR, 4111 FlOOR CUMRERL,\NI> COUNTY COUR1ll0USE CARLISLE, PENNS\1.VANIA 17013 TELEPHONE: (717) 240-6200 ~rR 2.9 2 3U r~ 'g~ .',llet IJi" i; ~~ t}1;fT,\i\~ ('.U~_,;' ;..~Ii ~rli\a ;'r t;:i"-; ~, ,',!i' A '0 . , . WENDY S. SMITIl. IN 11lli COURT OF COMMON PLEAS OF Plaintiff v. CUMRERLAND COUNTY, PENNSYLVANIA NO. 94- ;),<1/1 CIVIL TERM CUSTODY RANDY L. SMITIl, Defendunt CXlMPI.A I NT FOR CUSTODY I. The plnintiff is Wendy S. Smith, residing at 24 West Green Street, Mechanicsburg, Cumberland County, Pennsylvnniu 17055, 2. The defendant is Rnndy L. Smith, residing nt 1600 Hunter Street, Harrisburg, Dnuphin County, Pennsylvaniu, 17104. 3. The plaintiff seeks custody of the following children: Name Present Address ~ Randi Lynn Smith 1600 Hunter Street Hnrrisburg. PA 7 years old D.O.B. December 5, 1986 Amanda Mnrie Smith 1600 Hunter Strect Hnrrisburg, PA 5 yenrs old December 20, 1988 The chi ldren were not born out of wedlock. The chi ldren are present Iy in the custody of Rnndy L. Smi th, who resides at 1600 Hunter Street, Hnrrisburg, Dauphin County, Pennsylvania. During the past five years, the children have resided with the following persons and lit the following addresses: Name Address Dates nefendnnt. his nicce. 1600 Hunter Street April 23, 1994 Ally Robson, and her Harrisburg, PA to the present boyfriend, Rich Blnsovic Plaint i ff 24 West Green Street June, 1993 Mechanicsburg, PA to Apri I 23, 1994 Plnintiff nnd defendnnt 1600 Hunter Street mid-Apri I, 1993 Harrisburg, PA to June, 1993 Plaint i ff 1600 Hunter Street January, 1993 Harrisburg, PA mid-Apri I, 1993 .. . ~ ,. Name M1dress Dates Plaintiff IInd defendnnt 1600 Huntcr Strcct October, 1992 Harrishurg, PA to Jalluary, 1993 Plaintiff 1600 Huntcr Street July, 1992 Hllrrishurg, PA to Scptember, 1992 Plaintiff and dcfcndnnt 1600 Huntcr Strcet Augus t , 1991 Harrisburg, PA July, 1992 PIllintiff 1600 Hunter Street Jnnuary, 1991 Harrisburg, PA August, 1991 Plnintiff and defendnnt 1600 Hunter Street Janunry, 1989 Ilnrrishurg, PA to January, 1991 The mother of the chi Idren is Wendy S. Smith, currently residing ut 24 West Green Street, Mechllnicsburg, Cumberlnnd County, Pennsylvnnin. Shc is mnrried, The fnther of the chi Idren is Randy L. Smi th, currcnt Iy residing at 1600 Hunter Street, Hnrrishurg, Dauphin County, Pennsylvania. He is mnrried. 4. The relationship of the plnintiff to the children is that of mother. The plaintiff currently resides nlone. 5. The rclnt ionship of the defendnllt to thc chi Idren is that of fnther. The defendant currently resides with the following persons: Nnmc Itelationship Randi Lynn Smith Amanda Mnrie Smith Ally Robson Rich Illnsovic plaintiff and defendnnt's daughter plnintiff and defelldant's dnughter his niece his niece's boyfriend 6. The plaintiff hns not pnrticipllted ns n party or witness, or in another capacity, in other litigntion concerning the custody of the children in this or IInother court. 7. The plnint i ff hns no illformnt ion of n custody proceeding concerning the chi Idren pending in II court of this Commonwelllth. 8. The plaintiff does not know of /I person not a party to thc proceedings who hilS physiclIl custody of the children or claims to hnve custody or visitation rights with respcct to thc childrcn. 9. The hest intercst IInd pcrmRllent wel farc of the chi Idren wi II be served by granting the rei ief fOJ' reasons illcluding: n) The plaint i ff is n fi t pnrent who has provided for the children's emotionnl and physicnl needs since their births, nnd b) The dcdenclnllt hns shown by his physicnl nbusc of the plnintiff in the presencc of the chi Idrcn that he is not a good role model for them. 10. Each pnrent whose parental rights to the chi Idren hnve not been terminated and the person who has physical custody of the chi Idren have beell named ns pnrties to this nction. WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the childrell to the plaintiff. Respectfully submitted, '" evuA n Cnrey, Attor y for Plaintiff LmAL SERVICF-S, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 , - The IIbove-nnmed pluint iff, Wendy S. Smi th, veri fics that the stntements mnde in the nbove Complaint for Custody nre true and correct. The plaint iff undcrstands that false stutements herein lire mllde subject to the penalt ics of 18 Pa. C.S, ~ 4904 relating to unsworn fnlsificntion to authorities. Date: ty/:t 7/7 '-/ 7.)"/rl~ ..$/1'"<~ Wendy S. ith, Plaintiff "::I'" en - ~ ~ <J = o_ r:> :or (Y) ~>- ....1-- hI!: '~.1 ~~ ."J' ". . :... ~ . ':) o \J) -e<'() ,-- ~...J "" <>. ..:-t WENDY S, SMITIl, IN TIlE COURT OF COMMON PLEAS OF PIn inti ff v. Cl!MDERLAND COUNT!', PENNSYLVANIA NO. 94 - .'}.,f}. Ii CIVIl. TERM CUSTODY RANDY L. SMITIl, Dcfelldnllt PRAECIPE TO PROCgFll IN FORMA PAUPt:RIS To the Prothonotary: Kindly nllow Welldy S. Smith, to proceed in formn plluperis, I, Joan Cnrey, attorney for the party proceeding in forma pauperis, certify that I bel ieve the party is unnblc to pny the costs and thnt I nm providing free legal services to the pnrty. The pnrty's affidavit showing inability to pay the costs of litigation is attnched hereto. ~J-r. LHlAL SF.RVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . .. WENDY S. SMITH, IN THE COURT OF COMMON PLF.AS OF Plnint i ff v, CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - d.d./~ CIVIL TERM CUSTODY RANDY L. SMITIl, Defendant AFFIDAVIT IN SUPPORT OF P.,.TITION FOR LEAVE TO PROCEED IN FORMA PAUPEr-IS I. I am the plnilltiff in the nbove matter and because of my financial condition am unnble to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I nm nre unnble to ohtnin funds from anyone, including my fami Iy and associntes, to pay the costs of litigntion. 3. I represent that the informntion below relating to my innbility to pay the fees and costs is true and correct. a) Nnme: Wendy S. Smith Address: 24 West Green Street, Mcchanicsburg, PA 17055 Socinl Security Numher: 168-54-1920 b) If you are presently employed, state Employer: Knplnn's Cleaners Address: 3607 Market St reet, Cnmp Hi II, PA Salnry/wages per month: $6.75/hr.= $1,171.80 gross/IIO. Typc of work: Customer service If you nrc presently unemployed. state Date of last employment: N/A Snlnry/wnges per mOllth: N/A Type of work: N/A c) Other income within the past twelve months Business/profession: N/A Other self-employment: N/A Interest: N/A Oividends: N/A Pension nocl annuities: N/A Socinl Security henefits: N/A Support payments: None Disability pnyments: N/A Unemployment compensation and supplemental benefits: N/A Worker's Compensation: N/A Public Assistnncc: From 4/93-8/93 @ $400/110.= $1,600 Other: N/A - - , d) Other contrihutiolls to household support wi fe/llushund Namc: Rundy I.. Smith If wife/hushund is cmployed, stnte Employcr: Unemploycd Address: 1600 lIuntcr Street, lIarrisburg, PA 17104 Salary/wnges per mOllth: None Type of work: N/A Contrihut inns from chi ld( ren): N/A e) Property owned Cash: $20,00 Checking Account: $100 Savings Account: -0- Certificates of Deposit: N/A Real Estute (including home): 1600 Hunter Street lIarrisburg, PA Motor vehicle: Mnke: Chevrolet Model: Celebrity Ycar: 1984 Cost: $1,000 (paid off) Stocks/bonds: N/A Other: N/A f) Debts and obI igut ions Mortgllge: N/A Rent: $350/mo. Loans: $96/010. Monthly expenses: Food $200; dny cure $300; electric $25; gas $50; car gas $80; luundry $40; cnr insurllOce $83; tclephone $25; miscellancous expenses $35. g) Persons dependent ul~n you for sUPl~rt wi fe/husbllnd Nnme: N/A Chi Idren, if nny: Randi Lynn Smith - 7 years old Amnndll Marie smi th - 5 ycars old 4. I undcrstand thnt r hElve a cont inuing ohl igat ion to inform the court of improvement in my finnnciul circumstllnces which would pcrmit me to pay thc costs incurred herein. 5. I verify thllt the staten,ents mndc in this affidavit are true and correct. I understund thut fulse stlltemcnts herein are mllde subject to the penalties of 18 Pa. C.S. ~ 4904, relllting to unsworn fnlsification to nuthoritics. Dnte: '-//;L 7/7 'Y , 7J.<;-''1d~...D. 5l.,.M<"d. Wendy S. mtth.Plnlnttff -::r en - :.-.... ~jIo~ -<, '-, -,..: I.U~. _ _ OJ '.:,. ,~.~: ~_.. ~ '. . . ~.. . =-= 0_ o ::zo :Y) -. "- "'oJ ,,= "'- .o_"'t' " <. , - WENDY S. SMI'rn. IN THE COURT OF cot.M>N PLEAS OF Plaint iff CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 94-2214 CIVIL TERM RANDY L, SMI'rn, Defendant : CUSTODY ~Y CUSTODY ORDER AND NOW, this~ day of May, 1994, upon consideration of the Consent Agreement. the following Temporary Custody Order is entered regarding the parties' children, Randi Lynn Smith and Amanda Marie Smith. 1, The mother shall have primary physical and legal custody. 2. The father shall have supervised visi tat ion wi th the chi ldren at the Carlisle YWCA on dates and at times arranged through the YWCA's supervised visitation program. J. The defendant shall not remove the children from this Court's jurisdiction. 4, Nei ther party shall do anything which may estrange the chi ldren from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. This Order shall remain in effect pending further Order of Court. By the Court, Judge ". ~61 H: 0'1 t ,~ )"\' \.1 1,1 v " ~ WENDY S, SMllll, IN 1llE COURT OF cor.M>N PLEAS OF Plaintiff v, CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-2214 CIVIL TERM RANDY L. SMllll, Defendant CUSTODY CXlNSEtll' AGIlF.P.MPNl' This agreement is entered on this ~ay of ~, 1994, by the plaintiff, Wendy S, Smith, and the defendant, Randy L, Smith, The plaintiff Is represented by Joan Carey of Legal Services, Inc; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as a Temporary Custody Order, 1. The plaint I ff wId defendant agree to the entry of an Order providing for the following custody schedule for their chi Idren, Randi Lynn Smith and Amanda Marie Smith: a) The mother will have primary physical and legal custody of the children, b) The father will have supervised visitation with the children at the Carlisle YWCA on dates and at times arranged through the YWCA's supervised visitation program. 2. The defendant agrees not to remove the children from this Court's jurisdiction. 3, The parties realize that their children's well being Is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. WHEREFORE, the parties request that a Temporary Custody Order be entered . . to reflect the above terms. "ZJ...~~ ~ --s~~t-J Wendy s. 'ith, Plaintiff ~(}"jttJ ' J~ Randy L, 5 it , Defendant LOOAL SERVlCES. INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2214 Civil Term Custody Order, Petition for Special Relief Wendy S. Smith VS Randy L. Smith R. Thomas Kline, Sheriff, who being duly sworn according to law, says that onMay 26, 1994 at 11:45 o'clock A.M., E.D.S.T., he is returning the within Custody Order, Petition for Special Relief, in the above entitled action, as "NO ACTION TAKEN" per instructions from Legal Services on May 26, 1994. So Answers: ......~. ,,~./ R. Thomas Kline, Sheriff Sworn and Subscribed to Before Me This .:l/4t- Day of fYI."-1 1994. A.n. '-tJ'-'- C, )}ll&~.I'lA1pJf' Pro h notary WENDY S. SMITIl, IN TIlE COURT OF COMMON PLF.AS OF Plnintiff ClJMlJERl.AND COUNTY. PENNSYLVANIA v, NO. 94-2214 CIVIL TERM RANDY L. SMITIl, Defendnnt ~ AND NOW, thiS'(L dllY of CUSTODY CUSTODY -.!tRDF.R Junc, 1994, upon consideration of the Complaint for Custody nnd Conscnt Agreement, the following Custody Order is entered regarding the parties' children, Rllndi Lynn Smith nnd Amanda Mnrie Smith. I. The mothcr shnl I have primllry physical nnd legal custody of the chi ldren. 2, The father sllllll huve part ial custody of the chi Idren every othcr weekend from Fridny at 6:00 p.m. until Sundny at 6:00 p.m. The father shnll pick up and drop off the chi Idren in front of the Mcchanicsburg Pol ice Department at 102 Allen Street ill Mechnnicshurg during nil periods of partial custody, 3. The parties shill I alternnte the following holidays: July 4th, Labor Day, New Year's Day, Enstcr and Mcmorial Dny. Thc fnther shall begin the hol iday schedule hnving the childrcn on July 4, 1<)94, 4. The partics shall sharc Thallksgiving Duy with the father having the children from 10:00 n.m. until 3:00 p.m. 5. The pnrtics shnll alternnte periods of custody nt Christmns each year, onc parent hnving the children on Christmns Eve (the father in 1994) from 6:00 p.m. unt i I Christmns Duy at 12:00 nooll nnd the othcr parcnt (the mother in 1994) hllving thc chi Idrcn on Christmns Dny from 12:00 noon unti I 12:00 noon the day after. 6. The fnther shall have thc chi Idrcn on Fnthcr's Day from 10:00 n.m. unti I 6:00 p.m. Ilnd thc mother shall hllve thc chi Idren on Mother's Dny from 10:00 n.m. until 6:00 p.m. regElf<lIcss of thc parlial custody schcdulc. I t }. r \ _,.4....... j' 7. The parties shnll share custody of the children on their birthdays i " I I, I i r ,I i' r , ! at times to be agrced upon by the parties. 8. The defendnnt shnll not remove the chi ldren from this Court's jurisdiction (Pennsylvania). 9, The mother nnd fnther, by mutual agreement, mny vary from this schedule at any time, but the order shall remain in effect until either party pet i t ions to have it changed. 10. The fathcr nnd mother shall notify the other of all medical care the chi Idren receive whi Ie in that pnrent 's care. Each parent shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 11. Nei ther party shnll do anything which mny estrange the chi Idren from the other parent, or injure the opinions of the children as to the other parent or which may hamper the free nnd natural development of the children's love or respect for the other parent. ,- co '" r',,~ - .... ,~ =~ - - - ~ ..z:.. 1 WENDY S. SMITIl, IN TIlE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 94-2214 CIVIL TERM RANDY L, SMITIl, Defendant CUSTODY This agreement CONSENT NJREI'.MEI'lI' is entered on this ~~ay of June, 1994, by the plaintiff, Wendy S, Smith, and the defendant, Randy L, Smith. The plaintiff is represented by Joan Carey of Legal Services, Inc; the defendant is unrepresented but is aware of his right to have an attorney. I. The plaintiff and defendant agree to the entry of an Order providing for the following custody schedule for their chi ldren, Randi Lynn Smith and Amanda Marie Smith: a) The mother will have primary physical and legal custody of the chi Idren. b) The father will have partial custody of the children every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. The father will pick up and drop off the children in front of the Mechanicsburg Police Department at 102 Allen Street in Mechanicsburg during all periods of partial custody. c) The parties will alternate the following holidays: July 4th, Labor Day, New Year's Day, Easter and Memorial Day. The father will begin the holiday schedule having the children on July 4, 1994. d) The part ies wi II share Thanksgi ving Day wi th the father having the children from 10:00 a.m. until 3:00 p.m. e) The part ies wi II al ternate periods of custody at Christmas each year, one parent having the chi ldren on Christmas Eve (the father in 1994) from 6:00 p.m. until Christmas Day at 12:00 noon and -: the other pnrent (the mother in 1994) having the children on Christmas Day from 12:00 noon until 12:00 noon the day after. f) The father will have the children on Father's Day from 10:00 a,m, until 6:00 p,m, and the mother will have the children on Mother's Day from 10:00 a,m. until 6:00 p.m. regardless of the partial custody schedule. g) The part ies will share custody of the children on their birthdays at times to be agreed upon by the parties. 2, The defendant agrees not to remove the children from this Court's jurisdiction (Pennsylvania), 3. The mother and father, by mutual agreement, may vary from this schedule at any time, but the order will remain in effect until either party petitions to have it changed, 4, The father and mother agree to notify the other of all medical care the children receive while in that parent's care, Each parent agrees to notify the other immediately of medical emergencies which arise while the children are in that parent's care. 5. The parties realize that their children's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the children from the other parent, or injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. WHEREFORE, the parties request that a Temporary CUstody Order be entered .; to reflect the above terms. (/J<:/f/1;t- ..2> ' y"Y>'.1/..... Wendy S. Ith, Plaintiff LBlAL SERVICES. INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400