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Home My WebLink About95-00808 , \; . \ --_.-- '-'.- _._~--_.'..' ....~ F J ~'f?? /Cl.r 67/ ~ RODNEY G. SMITH, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. '75 - iIc.::;-- (ILLcL.L0.l,Lr)'- v. CIVIL ACTION - LAW TINA M. SMITH (FINKENBINDER), Defendant. IN CUSTODY ORDER AND NOW, this I {;I J... day of , 19~ consideration of t~hed Compla nt, t s hereby hat the parties land ~~eir respective counsel appear (, .~ c...,c\'^' r 1St: L the conciliator, at v I\c. - C..1 ,(', ~ ''Ie , on IlAr~Jc.. 't , the day of MAn" , 19CIS , at II A, /"1 o'clock .m., 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 heard by the Court, and to enter into a temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. pe~~urther Order ~urt, custOdY~ll be granted unt~ehe;Oefendant. FOR THE COURT, By 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. OFFICE OF THEICOURT ADMI~~STRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 FED 11 12391'11 '95 , .,t flC[ U '''l " ,IiOH:lI,~~ r.O'i!,f. t, 10 .H,:) ~nil'l rv ~'~IPf~'(, ':~!i'1. a ' n .15 c.'fV 1I1,iJl<J to cl.tfJ ~ ' f) ,qt;. C()f-1 l"b~OJ ~ 'Illy tJar,\V'1 J ' 1)9S C&f'd M~JI..1 Ie (j), SU/lJay RODNEY G. SMITH, plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v. CIVIL ACTION - LAW TINA M. SMITH (FINKENBINDER), IN CUSTODY Defendant. COMPLAINT IN CUSTODY AND NOW, here comes the plaintiff, RODNEY G. SMITH, by and through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files the following Complaint in custody: 1. The Plaintiff, RODNEY G. SMITH, is an adult individual currently residing at 18 springfield Avenue, Newville, Cumberland County, Pennsylvania. 2. The Defendant, TINA M. SMITH (FINKBENBINDER) is an adult individual currently residing at 804 Creek Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are the natural parents of two children, AMANDA JO SMITH, born April 26, 1985, and DYLAN JOHN SMITH, born January 18, 1991. 4. The children were born during wedlock. 5. The children have resided with the following persons at the following addresses during the past five years: A. until April 1991, both children resided with the plaintiff and Defendant at 206 South Queen street, Shippensbur9, pennsylvania; B. In April 1991, the plaintiff separated from the household, but the children remained with the Defendant at the address in paragraph A above until the Fall of 1993. C. From the Fall of 1993 until the present, both children have resided with the Defendant and Defendant's new husband, Charles M. Finkenbinder, Jr., at 804 Creek Road, Carlisle, pennsylvania. 6. plaintiff is the natural father of the children, and Defendant is the natural mother of the children. 7. There have been no prior actions in custody, however, the parties have a written agreement regarding custody of the children. 8. The current agreement provides the plaintiff with every other weekend and division of holidays. 9. plaintiff believes and therefore avers that it is in the best interest of the children to modify the current custody agreement to provided shared legal custody of the children, with primary custody in Defendant, and partial custody in plaintiff as follows: A. Every other weekend as is currently in place; B. Equally dividing holidays; C. Dividing the Christmas vacation equally; D. One evening every week; E. During the summertime from school, equal division of the time between plaintiff and Defendant; 10. Plaintiff believes and therefore avers that it is in the best of the children to provide the aforementioned increase in partial custody in Plaintiff. WHEREFORE, plaintiff prays this Court to grant a modification of the current custody agreement as requested. Respectfully submitted, KANC~~WAGH SBIY , TOLLY /---- By .< P. R ner, Esqu re I.D. 2233 orth Front street arrisburg, PA 17110 (717) 234-7051 / /' Attorney for Plaintiff DATE:2...-;;~; -- I VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. d,~6 DATE: Iii' 5-) . ::c c.... m '" N , :. iL: '"" \.... ~~\.~ ~ ~ ~ ~ \:N 1'-- "'" ~ ,.,.... rr-, Lr'> en - ?: .,. "1 '~' In t ~ : : ., t;-.,.' ' :~ ?j ~~ '~-l - .- , ,..1>'1 ..,... en ~ ,. ,,-i} - _" -r ~ 2i'"'41~ ' (~ Ii> Wz ..J ~ 0 ..J ~ ~ ~ ~ ~ ~ ~ ~ B H~~~~ ~Ul~~ <l: ffi ~ ~ ~J: RODNE:Y G. SMITH, plaintiff IN THE: CCURT or CONNON PLEAS or CUMBERLAND C0UN1~, PENNSYLVANIA vs. NO. 95-808 CIVIL TE:RM TINA M. SMITH (rinkenbinderl, Defendant IN CUSTODY ORDER OF COURT , .., rfl (l')/) t/LI ~" I\ND N(M, this ( day of . , ~ v consideration of the attached Custody Conciliation Report, ordered and directed as follows: , 1995, upon it is hereby 1. This Cour~s prior Order of October 19, 1992 shall remain in effect subject to the modifications set forth below. 2. physical custody of the Children on Christmas, Easter and Thanksgiving shall be split between the Mother and the Father as they shall mutually agree. In addition, the Father shall enjoy physical custody of the Children for three consecutive days during the Children's Christmas vacation. 3. The Nother and the Father shall have physical custody of the Children on an alternating basis on the following holidays: New Years Day, Memorial Day, Fourth of July, and Labor Day. Unless the parties agree otherwise, the Father shall enjoy physical custody of the Children on New Years Day and the Fourth of July in even numbered years and on Memorial Day and Labor Day in odd numbered years. The Mother shall enjoy physical custody of the Children on Memorial Day and Labor Day in even numbered years and on the Fourth of July and New Years Day on odd numbered years. 4. The parties shall share physical custody of the Children on the Children's birthdays by mutual agreement. 5. In addition to the periods of partial physical custody set forth in the Order dated October 19, 1992 and in the above provisions, the Father shall have partial physical custody of the Children one evening per week as mutually agreed by the parties. 6. The Father shall enjoy physical custocly of the Children, in addition to the regular schedule set forth above, for one week during the month of June and one week during the month of July. After the Father's period of week-long physical custody in July, the parties shall review the arrangements for extended physical custody in the summer based on the Children's response to these trial periods of extended custody. The parties contemplate that if these periods of extended phynical custody progress smoothly, the Father shall enjoy an additional \/Cek 'f extended physical custody during the summer. In the event the parties are unable to agree upon the expansion of the partial custody schedule, or in the event the Mother feels that the week-long periods of physical custody with the RODNEY G. SNITH, Plaintiff : IN THE COURT OF COOMON PLEAS 01;' CUMBERLAND COUNTY, PENNSYLVANIA vs. 95-808 CIVIL TERM TINA N. SNITH (I;'inkenbinder), Defendant IN CUSTODY PRIOR JUDGE: Judge Harold E. Sheely CUSTODY COOCILIATIOO SUMMARY REPORT IN ACCORDJINCE WITH CUMDERLI\ND Cl:lUm'Y RULE OF CIVIL PROCEDURE 19l5.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: NAME BIRTH DATE CURRENTLY IN CUSTODY OF Amanda Jo Smith April 26, 19B5 Defendant/Nother Dylan John Smith January lB, 1991 Defendant/Mother 2. A Conciliation Conference was held on Narch l4, 1995, with the following individuals in attendance: The Father, Rodney G.-Smith, with his counsel P. Richard Wagner, Esquire and the Mother, Tina N. Smith, with her counsel Stephen D. Tiley, E:squire. 3. A prior Order was entered in this matter on October 19, 1992 under Docket No. 92-9l4. Both parties seek to modify the terms of that Order at this time. The parties were able to agree on the terms of an ongoing custody and partial physical custody schedule with the exception of the duration of extended physical custody for the Father during the summer vacation. The Father proposed dividing periods of physical custody during the summer. However, the Nother expressed ccncern that the parties' four year old son would have difficulty adjusting to that length of time away from his primary residence. Neither party wanted to separate the Children for purposes of physical custody in the summer. Much to their credit, the parties were able to agree on two trial periods of week long partial custody with the Father to determine how the best interest of their Children would be served by these arrangements. 4. A hearing at this time is not necessary and the Conciliator recommends an Order in the form as attached. t/J.s~si:~Mcf d Custody Conciliator 10, 1'l1S- /hal ell Date .. w,' :~_.~--_...._.-:._~~.-?~ r.'J,~~ 't ('"0> '_~: ~~~~':~\..,l:r~~r)):~' , ",', ' ., . 1',":" tv^>! '~-I~ ,,'~ '''>:I'Jt.,>;r:-li;;~41 . _ r. ,', '\ ~'. '_.' .';" '. "'</"1,:... ,-.:,,\.t.I~;P.'-:J:t~"""~41b.. . "'" j" ,+ I.t~ 'U , . . '~", /~..~'>;~....r.{:il:r!'GIl. [:Ji:i - ~ ~~~ ~ \.l <1J ~ li~..l '0 _, Il". C fj ::1 -Ii _:5 ... 010 n ~ t... ~~~~ .... .g~ ~ ... to - ::... ," .... 'D(,,~ :." ~ c; ... <1J III .l-I ~'g ~~ \ " .- . e - ~ C ,.' It.;! 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