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Home My WebLink About94-05276 " Ii:' :, ., " I'; " 1 " V)! I' -7 "I ~ I '1 , \ ..9 U \ \ ,,, / /' / ~ J , ~ [' <0 lr) ::J 0-,/ ! . I 01 Z' I I 1 '" I , , FiJI Ser 27. U 111 fIIi '9~ ,l' ,1111. ,J.1*' (;i \1.,.'. ",I nf 'I 1;1)1'11 1/;:.11 fM.1 ,I Y I , ,I " , , I, '" Ii ,I 'I q " ,I I" ',: ;I' 'I 1 , 11 '\ .. .' '"I .. -.-- . UIICCA A. C1.OUII, IN THI COURT 0' CONNON .LIIlI 0' .hlllUfI CUIlIIltLAHJ) COlJN':lt, 'INHIltLVAlfIA y.. CIVIL ACTION - LAII CUI'rODlt 'nOMAI II. IIUTI, Def.lld.llt NO. CIVIL It COMPLAINT ,.OR CUWU TO Tam 10NORAaLI, Tal JUDOml 0' lAID COURT I 1. The Plaintift i., REBECCA A. CLOUSE, hereafter referred to a. the natur.1 mother, re.iding at 20 Clouse Road, Newville, Cumberl.nd County, Penn.ylvania, 17241. 2. The Defendant i. THOMAS W. SMITH, hereafter referred to a. the natural father, re.iding at 17 Quarry Hill Road, NeWVille, Cumberland County, Pennaylvania 17241. 3. Plaintiff aeeka legal cuatody of the following child. a. NAmI Present Residence AsIt b. JOSHUA DAVID SMITH 20 Clouse Road Newville. PA 17241 The child wae born on N~vember 2, 1993. 10 montha c. The child i. pre.en~ly in the custody of the natural mother, who re.idee at 20 Clouse Road, penn.ylvania, 17241. d. The child ha. reaided with the following pereon. and at the Newville, Cumberland County, following addressee for the paet 11 months. Per.on. Addre.. llnu Reb.cca A. Clouse 20 Clouse Road Birth to preeent (re.ide. with Nswville, PA 17241 maternal grandparente & aunts) 3. Plaintiff ha. not participated aa a party or witneaa, or in another capacity, in other litigation concerning the cuatody of the child in thi. or another Court. 4. Plaintiff ha. no information of a cuatody proceeding concerning the child pending in a Court of thie Commonwealth. . 5. Pl.intiff doe. not know of . person not. p.rty to the proceeding. who h.. phydcal cu.tody of the child or claim. to have cu.tody or vi.it.tion ri9ht. with re.pect to the child. 6. Each p.rant who.e parental right. to the child has not been terminatad and the per eon who ha. physical custody of the child hae been named .. partie. to thie action. There are nQ othsr persons who are known to have or claim . ri9ht to cu.tody or vi.itation of the child, eo none will be 9iven notice of the pendency of thie action and the right to int~rvene. 7. Pur.uant to the Custody and Grandparents Visitation Act, the mother requeste thie Court to grant an award of legal custody to her. 8. The mother requesta physical custody of the child in that ahe i. in a better po.ition to provide consistent and stable care for the child and .he is the parent more likell to assure that the child have a relationship with both parents. 9. The beet interests and permanent welfare of the child and his phyeical, epiritual, emotional and moral well-being will be served by granting the relief requested of legal and physical cu~tody with the mother. 10. Plaintiff, mother prays for an Order awarding legal custody of the minor child, JOSHUA DAVID SMITH, born November 2, 1993, to the Plaintiff, mother and with partial custody awarded to Defendant, father as this Court determines is in the best interests of the child. WHEREFORE, Plaintiff, mother prays for an Order awarding legal cuatody of the minor child, JOSHUA DAVID SMITH, to the mother, with actual physical cuetody to the mother. Date, .1 \JfilltW) I:;;. I ()'II Respectfully submitted, ( '\ ( ~L\k. L,.li. Ruby D. W eks, Esquire Attorney or Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 1 I..' ,...:',( ,lll ';, \ , , , ; II, J , " , . 'I . IUJ&V D. WI~r.~:S ,\IlIIlm1 Al La'N 10 Wnt HII.\" Strutt C.,Il~,. 'A 'f7013 O'tn 243-U94 .,- '-., . . NOV 17 1994 ' ~Q\J' \8.\99~F .~ , I t, i' I" I " . , , I I 1 I, n " vs. IN THI COURT 0' COMMON 'LlAI 0' CUNlIRLAHD COUNTY, 'I""IYLVANIA CIVIL ACTION - LAW CUITODY ..IICCA A. CLOUII, 'laiatUf THOMAI W. INITH, Deleadaat 94-5H6 CIVIL URN of ~7:T IUID NOW, thisU day ~ parties, the attached cu~tody Stipulation and . 19~ ~pon agreement of the Agreement is made an Order of Court. J. Ruby D. Weeks, Esquire For Plaintiff Johnna J. Deily, Esquire For Defendant , ' .J" "/.2,'/Ii<t '. C'4.:t~.,- ,tl.wlc.. ,(.",,4..... r.....L.. f' v ..z.. . _..'~ . , ..; f' , ...,. . . " r I " .. \... .. ~ .,'1 .., f.1".) oJ;.. VI. IN THI COURT 0' CONNON PLlAI 0' CUHlIIUJUfD COUNTY, PIlNNIYLVANIA CIVIL ACTION - LAW CUITODY alllCCA A. CLOUSI, PlIl.nUff THOllAS W. SMITH, Dlf.AdlAt 94-5276 CIVIL TIlRM CUSTODY STIPULATION AND AORlIMllNT Thl.l Agreement and Stipulation entered in thie IS rho day of /U~Ut;fl1let__ , 1994, by and between REBECCA A. CLOUSE, the natural Mother, and THOMAS W. SMITH, the natural Father, who agree as follows. 1. The Plaintiff is R;lBECCA A, CLOUSE an adult individual, residing lit 20 Clouse Road, Newville, Cumberlllnd County, Pennsylvania, 17241. 2. The Defendant is THOMAS W, SMITH an adult individual, reeiding lit 17, Qusrry Hill Road, Newville, cumberland County, Pennsylvania, 17241. 3. The parties are the natural Mother and natural Father of one child, JOSHUA DAVID SMITH, born November 2, 1993. 4. The parties, hereby agree to the following terms regarding custody of JOSHUA DAVID SMITH, and request that the terms be entered a. an Order of Court. 5. The parties shall share legal custody of JOSHUA DAVID SMITH. 6. The Mother shall have primary physical custody of JOSHUA DAVID SMITH, with periods of partial custody to be awarded to the Father as follows. a. Upon completion of the parenting course by the Father and written proof of same to the Mother, one three-hour period each Saturday or Sunday, of his fixed day off from work, whichever is convenient tJ both parties, at the home of the Mother. The three-hour visits may take plllce at Father'. relidence provided it is mutually agreed upon by both parties pending the completion of the parenting course; b. Upon completion of the parenting course by the Father, and written proof of same to the Mother, t~e Father shall enjoy a period of partial cUltody from 9,00 a.m. to 7,00 p,m. one day per week on Saturday, Sunday or his fixed day off from work upon forty-eight houra (48) notice of intention to the Mothar, c. After the firet weekend of the year 1995, provided the rather haa completed and provided proof therof a parenting courae, rather ahall have overnight via ita on alternating weekenda from Saturday at 9100 a.m. until Sunday at 5100 p.m. rather agreea that during theae weekend vieita, he will take JOSHUA DAVID SMITH to Church for a Christian worahip aervice, d. On each Chriatmas Eve day from 9100 a.m. to 7100 p.m., e. rrom 9100 a.m. to 2100 p.m. on New Year'e Day, Easter Sunday, Memorial Day, July 4th, Labor Day and Thankegiving. to Each Father'a Day from 9100 a.m. until 7100 p.m., g. A three hour period on JOSHUA'S birthday, November 2 of each year, at timea to be mutually agreed upon by the parties, h. A three hour period on Father's birthday, May 10 of each year, provided it doee not coincide with Mother's Cay, which shall alwaya be the Mother'e period of cuetody to celebrate Mother's Cay, L Once JOSHUA ie two years old, the Father shall have cuatody for one continuous week that ia one week of hie choice, to be taken between June and Auguat, provided he adviees Mother on or before May 15 of each year of hia pending viait. 7. Father agre.a to provide all transportation for his periode of partial cuatody. 8. rather may have partial custody of th9 child during auch additional periode as the parties agree, without need to modify the Order of Court entered a. a reault of thie Stipulation. Father agreee to provide twenty-four (24) hour. edvance notice for additional periods of partial custody. 9. The parties agree that if the rather ha. not picked up JOSHUA within one (1) hour of the aet vieitation time, that period of partial cu.tody i8 forfeited by the rather and the Mother and child are free to make other plan.. 3