Loading...
HomeMy WebLinkAbout00-00260 " ,-" ',~, ",' . _I. ~~ _, " ;"L..:,'" ",-~ 'il ~. -:.: JAN 1 8 200rtP MICHAEL SMITH, Plaintift' : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLVANIA v. . . : CIVIL ACTION - LAW MICHELLE SMITH, Defendant : CUSTODY NO. .;lDoo - .:1.1.0 Cc.J~( lElUv] ORDER OF CO~JRT 7000 And now, this \)\ day of ~ , 'J99C), upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel ap~ before \'Q1Nf\ ~ 'n Esquire, the Conciliator, at 31"'- \. ~~.\)~tM Pennsylvania, on the' yof ~o.\ c..\--' . ~at , .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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or pennanent order. FOR THE COURT: By: cfO~\if'.-..A ~-Ull'\~ &y' Custody Conciliator I ~ :) YOU SHOULD TAKE TInS APPEAR TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 .., ,.. . '"'C' , ",,,,.c.,"__,' /- /f.tJtJ j ~)4 .tJIp / /1-?'# FILED--DFF1CE 0;: T~r DrnT""',II1JTARY ,~ . -I,. I , ' , ,'I\~ll\, , 00 .J.nN 19 Pil 2: 3 ! CUfviBERLAND COUNlY , PENNSYLVANJA We ~P4~ ~4,#.-.J 77~~~~- ~,/Ua:d? z3 ~~, ' .", c--".'!',,' _"._~mi_.,..,.~,_ ~~,,_Wlllfilll!~~~ilIMl~~-,~ ~~"*~ I ,- " -,. ~:z.o,'~" ~ \,- 10, '"oJ;.~ ,. ... MICHAEL SMITH, Plaintiff : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHELLE SMITH, Defendant : CIVIL ACTION - LAW ~ CUSTODY NO. ,). c1fi} - c2/,o CW;J. ~ COMPLAINT FOR CIJSTODY AND NOW, comes Plaintift; Michael Smith, through his attorney, the Law Office of Darrell C.Dethlefs, and avers the following: 1. Plaintiff is Michael Smith, an adult individual with a residence located at RR 1, Box 384, New Bloomfield, PeiJnsylvania 17068. 2. The Defendant is Michelle Smith, an adult individual with a residence located at 550 WilIiamsgrove Drive, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks temporary physical and joint legal custody of Brittany Marie Smith, born 915/95, (hereinafter known as Child). 4. Plaintift; Michael Smith, and Defendant, Michelle Smith are married. The child was born during the maniage. 5. Plaintiff and Defendant are the natural parents of the child. 6. Plaintiffhas no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 7. The hest interests and permanent weJmre of the child will be served by granting the relief requested because the Plaintiff is better able to provide a stable, secure environment in which to raise the child. 8. Plaintiffis requesting joint legal custody and temporary periods ofphysicaI custody of the child. 9, Neither party hereto are members of the Anned Forces of the United States or any of its allies. . ' ..... . '.,,-. ,.^ ,:'k'~ 0.1.; 1'.._,,,,1,,<., -,~', '- WHEREFORE, Plaintiff respectfully requests this Court to grant joint legal custody and temporary periods of physical custody of the child, to Plaintiff. Respectfully Submitted, ~~ chael J. Pykosh Attorney I.D. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Date: \ c.. -30 -<'{q ~' - ,~ ;w. _ ,_, c -l ~-' ~ '\. MICHAEL SMITH, Plaintift' : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLVANIA v. . . : CIVIL ACTION - LAW MICHELLE SMITH, Defendant : CUSTODY NO. VERlFlCA TION I hereby veritY that the statements offact made in the foregoing Petition for Custody, are inie and correct to the best of my knowledge, infonnation and belief. I , I understand !hat ltlly false statements therein are subject to the criminal penalties contained .r _ /, . in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: /1. - 30 ~ if ~~(:t.~ Michael Smith ;$ ~~~,~'" ~.wl;' '..~~~~ ~. '\V\ ld2: ~ "'""'.If",",~''"'''- ' .~~ .... H_ "- n"'lk 1-' ,.. i ", ! ~ i i "~" ~ ;! ." , '. (') 0 0 C 0 'T1 ~ & ~ s: t- O ~ "UO} > f{;:O 8 !E!il z h .~ f\) -"hi . ~ w :s~ ~ . d . .<. ._~; C)':.; &~ C:C) .... ' Ct) -u "...... "T~ ~ ~o :J>:: o:!J '2:0 ~ 5>2 ~ . rn I ~ D ~ z """ ~ ..() Ii' ~ =< <:) 0 " 1__ .. '~ ~ .> " MICHAEL SMITH, . IN THE aJURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA i,: . : I' [ vs. NO. 00-260 CIVIL TERM , : , . F, . , MICHELLE SMITH, . CIVIL ACTION - LAW 11 . Defendant . IN CUSTODY r: . ClIDER OF COURT I AND lUl, this '1"-' day of . \ consideration of the attached Custody Conciliat on Report, and directed as follows: , 2000, upon it is ordered 1. The Father, Michael Smith, and the Mother, Michelle Smith, shall have shared legal custody of Brittany Marie Smith, bom September 5, 1995. Each parE!nt shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child every week from Sunday at 9:00 a.m. through Monday at 8:00 p.m., beginning April 2, 2000. 4. The parties shall share or altemate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon, and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during - , -.1 . ~ Segment B in even numbered years. For purposes of this paragraph, the entire New Years holiday shall be deemed to fall within the same year as New Years Eve. C. EASTER: On Easter Sunday in 2000, the Mother shall have custody of the Child until 4:00 p.m. and the Father shall have custody of the Child from 4:00 p.m. on Easter through termination of his regular period of weekly custody. In subsequent years, the Mother shall have custody of the Child on Easter Sunday until 3:00 p.m. and the Father shall have custody of the Child on Easter beginning at 3:00 p.m. and continuing through termination of his regular period of weekly custody. D. THANKSGIVING: In every year, the Mother shall have custody of the Child on Thanksgiving Day until 3:00 p.m. and the Father shall have custody of the Child on Thanksgiving Day from 3:00 p.m. until 8:00 p.m. E. MEMORIAL DAY: The Father shall have custody of the Child on Memorial Day in even numbered years from 9:00 a.m. until 8:00 p.m. and the Mother shall have custody of the Child on Memorial Day in odd numbered years from 9:00 a.m. until 8:00 p.m. F. INDEPENDEtilCE DAY (Cbserved): The Father shall have custody of the Child on Independence Day in odd numbered years from 9:00 a.m. until after the fireworks and the Mother shall have custody of the Child in even numbered years from 9:00 a.m. until after the fireworks. G. LABOR DAY: The Father shall have custody of the Child every year on Labor Day until 8:00 p.m. H. MOrHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day until 1:00 p.m. and, the Father shall have custody of the Child every year on Father's Day in accordance with the regular custody schedule. I. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. J. In the event the Father' speriod of holiday custody falls immediately preceding or following his regular period of custody, the Father's holiday/regular period of custody shall run continuously. 5. Each party shall be entitled to have custody of the Child for 1 uninterrupted week during each summer school vacation upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference of his or her selection of vacation dates. 6. The Father shall be responsible to provide all transportation for , ' exchanges of custody unless otherwise arranged by the parties. 7. In the event the Father is unavailable to provide care during his periods of custody with the Child, the Father shall contact the Mother to offer her the opportunity to care for the Child before contacting third party caregivers. 8. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by llUltual consent. In the absence of llUltual consent, the terms of this order shall control. BY THE <X>URT,r cc: Michael J. Pykosh, Esquire - Counsel for Father Bryan S. Walk, Esquire - Counsel for Mother ( ~~'5'OO ~ '(!; ~ . ., J. ~;;oci~iIi!!i'1 f'i!ii~--- .1i.!lIaiJ;J1'""~~ ~<_~l&l~l lIiI '0"---' .. <. . ViNVII1ASNN3d JJNnOJ OtH]\<38!"'Jn8 'IS :Z Hd ij_ tldV 00 JlnW"'j"'J<' "I' '0 ^a~.LVj\tjr,-,.\..<:(! ,~,:('!l ;J :JOij~O'(];lU. w ,,"'I. ,,,-""" . MICHAEL SMITH, : IN THE CXJORT OF CXJMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 00-260 CIVIL TERM . : MICHELLE SMITH, . CIVIL ACTION - LAW . Defendant : IN CUSTODY CUSTODY <:x:NCILIATICIiI SUMMARY REPCRr IN ACO:IIDANCE WITH CUMBERLl\ND CXXlNTY 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittany Marie Smith September 5, 1995 Mother 2. A CUstody Conciliation Conference was held on March 28, 2000, with the following individuals in attendance: The Father, Michael Smith, with his counsel, Michael J. Pykosh, Esquire, and the Mother, Michelle Smith, with her counsel, Bryan Walk, Esquire. 3. The parties agreed to entry of an Order in the form as attached. fh euU..L d- 7. d-ooV Oate ~~ Dawn S. SUn ay, Esqu1re CUstody Conciliator 1IIllil1"~~Ulr"'iilIiW~~~JJiI<lW1; ~ ,~ ~~~ - . "",""'.... <. . h'-~ ";1 ~., ,-;;-- __A,_ ~" -""1;_, " '. ' . . MICHAEL SMITH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHELLE SMITH 00-260 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 6TH day of JULY ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Snnday, E.q, , the conciliator, at 39 We.tMain Street, Mechanic.bnrg, PA 17055 on the 25TH day of JULY ,2000, 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 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. FOR THE COURT, By: /s/ Dawn S, Sunday. Esq.fIJ 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 facilities 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . . , ," , 7. 7.e>t? )- ),C)tJ ')- ')'C7 t? '~""-'" or "r no- .~_~ FLEi}--O;:r:iCE "" ,..,: ,cr:'--"'Y'I'!"-ARY ~.I, . '. I --";i'_,' -'dlhi 00 Jl!! -, '1 Pi,' 2' ()r ,.....- . ,11 . 0 CUMBGll.i\M) COUNTY PENNSYLVANIA w- ItPJ2t M~ ~ ~ ~ ~ ~ -#4-'~a/{/ ~~~~'~'~ "~.. W ,,~-~ ,.~~~ _!I!lJI"_~~.,..._,_. .--~,,"'~ ~" ,...' ' 1-, < ,. " "-~-! , '. , 5 JUl 0 6 200r(/J MICHAEL SMITH, Plaintiff : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLVANIA v. : ClVIL ACTION - LAW MICHELLE SMITH, Defendant : CUSTODY NO. 00-260 ORDER OF COURT And now, this day of ,2000, upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before , Esquire, the Conciliator, at Pennsylvania, on the _ day of ,2000, at AM./P.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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE TIllS APPEAR 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 v'v ,'d i,. i--'- "' MICHAEL SMITH, Plaintiff : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLVANIA v. CIVIL ACTION - LAW MICHELLE SMITH, Defendant CUSTODY NO. 00-260 AND NOW, comes Plaintiff, Michael Smith, through his attorney, the Law Office of Darrell C. DetWefs, and avers the following: 1. Plaintiff is Michael Smith, an adult individual with a residence located at R.R.l, Box 384, New Bloomfield, Pennsylvania 17068. 2. The Defendant is Michelle Smith, an adult individual with a residence located at 550 Williamsgrove Drive, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks primary physical and joint legal custody of Brittany Marie Smith, born 9/5/95, (hereinafter known as Child). 4. Plaintiff, Michael Smith, and Defendant, Michelle Smith are married. The child was born during the marriage. 5. Plaintiff and Defendant are the natural parents of the child. 6. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is better able to provide a stable, secure environment in which to raise the child. 8. Plaintiff is requesting joint legal custody and primary physical custody of the child along with the right of first refusal for child care. 9. Neither party hereto are members of the Armed Forces of the United States or any of its allies. }...... >0_" ~ '. WHEREFORE, Plaintiff respectfully requests this Court to grant joint legal custody and primary physical custody of the child and the right of first refusal for child care to Plaintiff. Respectfully Submitted, Date: ~ -;}9-o0 By~&:1fl Attorney J.D. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 ,-I, , , , - < - ~-"A __ -i,. ,,~ - \{j,j ...'" ...- ~ MICHAEL SMITH, Plaintiff : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHELLE SMITH, Defendant CUSTODY NO. 00-260 VERTFTCA TION I hereby verify that the statements of fact made in the foregoing Petition for Custody, are true and correct to the best of my knowledge, information and belief I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: , fit~WB~ Michael Smith ,';'~~.~~iM!_lllJ'"~'~~ '."'"tiI;W!",\lilil,lI!~w...~~'~--"" , , y "'~ ibai ~;,;',,~~'c"" _'. ~L_....,........1ilIIO "~,,". . " , 0 c:> 0 C = -'n 5: ~,- "UOJ mn'j , ",:3 Z:TI ;- zr- I ;:~; 2j ~~ Go ~C; -u tt~ ~O :Ji.: ::>8 --;:>"'-.."l W onl ~ "'-, s;! ::0 (;) --< "~ ~I " ~, , '. . MICHAEL SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 00-260 CIVIL TERM : MICHELLE SMITH, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NC>>I, this bt-- day of S~ consideration of the attached Custody Conci iation Report, and directed as follows: , 2000, upon it is ordered 1. The prior Order of this Court dated April 4, 2000 shall continue in effect with the exception of paragraphs 3 and 6, which are modified by this Order. 2. Beginning Friday, August 25, 2000, the Father shall have partial physical custody of the Child in accordance with the following schedule: A. Every Friday, the Father shall pick up the Child at 6:30 a.m. at the Friendly's restaurant on Route 15 in Camp Hill and shall transfer custody of the Child to the Mother or the maternal grandparents at 2:30 p.m. at the Sheetz store on the Carlisle pike in Mechanicsburg. Every Friday after work (at 11:30 p.m. or earlier if the Father contacts the Mother in advance) the Father shall pick up the Child at the Mother's residence. B. Every Saturday, the Father shall transfer custody of the Child to the Mother at 2:30 p.m. at the Sheetz store on the Carlisle Pike in Mechanicsburg. Every Saturday after work (at 11:30 p.m. or earlier if the Father contacts the Mother in advance) the Father shall pick up the Child at the Mother's residence. C. Every Monday, the Father shall transfer custody of the Child to the Mother at 8:00 p.m. at the Sheetz store on the Carlisle pike in Mechanicsburg. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of consent, the terms of this Order shall control. ,/" cc: Michael J. Pykosh, Esquire - Counsel for Father Bryan S. Walk, Esquire - Counsel for Mother J. ~~'k'OO "'K~ ~~"-" ,~~ ,- ~ U~~I.iIliIIiIiir.~~-~'ljj""""""'fliUi'''''''~-''''-v (.0 ..- ;2 ::-'/ .;:;~ 'ic ./& ,.( >'"/'''';2i -1'1-1--;.> '--'-, /~~ (.-/ -:;1\ --:,-::;" I...;) 'e" ,/..J;t ;-:',',\ ijj /.(,1--;' '/:\V"" ,;:;>.0-" '~y ~") {) "P \ C"', \;-? ,p c:?.., c. ,':.... Co-" '",,- " III " ~ ~ " -" . '.. \ ~I I, I ., , . ~ MICHAEL SMITH, : IN THE OOURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 00-260 CIVIL TERM . . . MICHELLE SMITH, : CIVIL ACTION - LAW Defendant . IN CUSTODY . PRIOR JUDGE: Edgar B. Bayley CUSTODY OCNCILIATlOO SUMMARY REPORT IN ACCORDANCE WITH CIJMBERLAND CXXlN'l'Y 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 DATE OF BIRTH CURRElilTLY IN CUSTODY OF Brittany Marie Smith September 5, 1995 Mother 2. A Custody Conciliation Conference was held on August 23, 2000, with the following individuals in attendance: The Father, Michael Smith, with his counsel, Michael J. Pykosh, Esquire, and the Mother, Michelle Smith, with her counsel, Bryan S. Walk, Esquire. 3. The parties agreed to entry of an Order in the form as attached. f.lv )"'''''' r Date :J ~ ,.+000 , Da~~ Custody Conciliator .".;i.........; ~11""....~"~~~lili'61.(.' ~ .lilli.....~. . ~ ~,."~~......~If,'il. .~[~ ~~_-..J . . .j' , ~, ... -<-'- . "~ - , , .j J.,,,,-,___, -. MICHAEL SMITH PLAINTIFF V. MICHELLE SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-260 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 17th day of November, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S, Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 13th day of December ,2000, at 3:00 p.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. FOR THE COURT, By: Isl Dawn S. Sunday, Esq1J? 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 facilities 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 HA VB 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 2 Liberty Avenue , Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ -~... , Jf.;);;),(JtJ /i';)()., .tlt? J f-;ld .6ftJ - ~~ .~ (';L:.' "7 "'-!'-\\/',,'f,r-;' ""..,..,,0<1 -'. .r',!l! nl'~1 t.,!r)~ I ,.., . ,c ,r.:t!', t.-') p'4 ...-;j n,'".t '- ,-n 2: I Q CUI"'l'---" '-- "\,0; :-jl ;"'V,'" '-''''''J' f'\:'-" '.f Lo ~~, i) .' !.frv t+.~IJ~\10VI\i\. u I\J, j - i <u'LIANiA Ud--~ Itt~ h~~~ /1cita ~ d:; ~ ~~~'4~ _. !Ii!,.. ~~ '~_""""~", ~--""'""""'t""-_ .__ ~.J<!4>j,!l~r'~'f,1iW~:J: ~~<.,....."".~~fIl!MaIIiJ[l!!lIIlil~~,~",~".,.__",.~ , r>"- -- " c .-"- I ~ . ,,'.,l__ . -~, - . - MICHAEL SMITH Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 00-260 CIVIL TERM MICHELLE SMITH Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER You, Michael Smith, have been sued in court to modify custody, partial custody or visitation of the minor child, Brittany Marie Smith. You are ordered to appear in person at ,on ,at ,for If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you ot the Court may issue a warrantfor your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 Ave. Carlisle, Pa 17013 (717) 249-3166 - -;'_J_ 0,,' - J" ~.1~;1 ~- ~ r .~ MICHAEL SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : vs. : NO. 00-260 CIVIL TERM : MICHELLE SMITH, Defendant : CIVIL ACTION - LAW : IN CUSTODY FILE COpy ORDER OF COURT AND Nai, this 4th day of &R\ l consideration of the attached Custody Conc liation and directed as follows: , 2000, upon Report, it is ordered 1. The Father, Michael Smith, and the ~lother, Michelle Smith, shall have shared legal custody of Brittany Marie Smith, born September 5, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall have primary pnysical custody of the Child. 3. The Father shall have partial physical custody of the Child every week from Sunday at 9:00 a.m. through Monday at 8:00 p.m., beginning April 2, 2000. 4. The parties shall share or alternate' having custody of the Child on holidays as follows: A_ CHRISTMAS: The Christmas holiday shall be divided, into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. ~ YEARS: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon, and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. The Father shall have custody of the Child during segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during ~~ -- - to' f!j1;, ,~ ,~ , Segment Bin even numbered years. For purposes of this paragraph, the entire New Years holiday shall be deemed to fall within the same year as New Years Eve. C. EASTBR: On Easter Sunday in 2000, the Mother shall have custody of the Child until 4:00 p.m. and the Father shall have custody of the Child from 4:00 p.m. on Easter through termination of his regular period of weekly custody. In subsequent years, the Mother shall have custody of the Child on Easter Sunday until 3:00 p.m. and the Father shall have custody of the Child on Easter beginning at 3:00 p.m. and continuing through termination of his regular period of weekly custody. D_ THANKSGIVING: In every year, the Mother shall have custody of the Child on Thanksgiving Day until 3:00 p.m. and the Father shall have custody of the Child on Thanksgiving Day from 3:00 p.m. until 8:00 p.m. E. MEMlUAL DAY: The Father shall have custody of the Child on Memorial Day in even numbered years from 9:00 a.m. until 8:00 p.m. and the Mother shall have custody of the Child on Memorial Day in odd numbered years from 9:00 a.m. until 8:00 p.m. F. INDEl?mIDENCE DAY (Cbserved): The Father shall have custody of the Child on Independence Day in odd numbered years from 9:00 a.m. until after the fireworks and the Mother shall have custody of the Child in even numbered years from 9:00 a.m. until after the fireworks. G. I.ABo::R DAY: The Father shall have custody of the Child every year on, Labor Day until 8:00 p.m. H. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day until 1:00 p.m. and, the Father shall have custody of the Child every year on Father's Day in accordance with the regular custody schedule. I. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. J. In the event the Father's period of holiday custody falls immediately preceding or following his regular period of custody, the Father's holiday jregular period of custody shall run continuously. 5. Each party shall be entitled to have custody of the Child for 1 uninterrupted week during each summer school vacation upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference of his or her selection of vacation dates. 6. The Father shall be responsible to provide all transportation for .' -<' ,1-,<", ;. "_ - .,' v' L, ,..., .. . ,. exchanges of custody unless otherwise arranged by the parties. 7. In the event the Father is unavailable to provide care during his periods of custody with the Child, the Father shall contact the Mother to offer her the opportunity to care for the Child before contacting third party caregivers. 8. This Order is entered pursuant to an agreement of the parties at 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, i5/ ~A) Ii c&!y J. cc: Michael J. Pykosh, Esquire - Counsel for Father Bryan S. Walk, Esquire - Counsel for Mother , _-v FRO'.! n:<"'()(?l"' TRUE 0,);' 1 . lVl ",~.-'- ",V In Testimony vihcr,':o-f, I here untG sst my hood and the seal of said Court at CarLsIG, P2. Th#.....6~.>~~yJ ~:ApR\~..~op/ ~.~not':rT ~~~ " . " -,' I, "" ''''" ',"0" ',_' ,_l., Of li] i'-:I f.i ,~ , , " ,'j ., . 'j " MICHAEL SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA f-.i : VS. : NO. 00-260 ;'1 CIVIL TERM . . :\ MICHELLE SMITH, Defendant ORDER OF COURT AND ~,this /, fh day of d-Rclvrn J"'A ) consideration of the attached Custody Concil at~on Report, and directed as follows: : CIVIL ACTION - LAW : IN CUSTODY :': i'! " , :: , 2000, upon it is ordered :1 i':i " Ie! Ii I' :-j 1. The prior Ol:'der of this Court dated April 4, 2000 shall continue in effect with the exception of paragraphs 3 and 6, which al:e modified by this Ol:'der. I-~ :~ 2. Beginning Friday, August 25, 2000, the Father shall have partial physical custody of the Child in accordance with the following schedule: f'i " ;J [,j !-i I; , ~~5'" : ~ O--i ~ . 5=-~-4 . ; CD ::!'o~ : Ul;JC . b', g ~ n1 ; ; ~? n ~ " ~t() 0_ r;:; ~ . n $............ . 0 ' ~ c: -.;"J ;fl~. 'Ri~'~ o L1 i'n or ~.50 ~<~ f'J ...<..i .. -o-tOt') $'[~ A. Every Friday, the Father shall piCk up the Child at 6:30 a.m. at the Friendly's restaUl:ant on Route 15 in Camp Hill and shall transfel: custody of the Child to the Mother or the matel:nal grandparents at 2:30 p.m. at the Sheetz store on the Carlisle pike in Mechanicsburg. Every Friday aftel: work (at 11:30 p.m. 01: earlier if the Father contacts the Mother in advance) the Father shall pick up the Child at the Mother's I:esidence. i;~ [.j i I [1 B. Every Saturday, the Father shall transfer custody of the Child to the Mother at 2:30 p.m. at the Sheetz store on the Carlisle Pike in Mechanicsburg. Every Saturday after wOl:k (at 11:30 p.m. or eal:liel: if the Father contacts the Mothel: in advance) the Father shall pick up the Child at the Mothel:'s I:esidence. C. Every Monday, the Father shall transfer custody of the Child to the Mother at 8:00 p.m. at the Sheetz store on the Carlisle Pike in Mechanicsburg. 3. This Ol:'del: is entel:ed pursuant to an agl:eement of the p3.rties at a Custody Conciliation Confel:ence. The parties may modify the pl:ovisions of this Ol:'der by mutual consent. In the absence of mutual consent, the terms of this Ol:'der shall control. BY THE COURT, q ~){.'Lf}.y017 J. cc: Michael J. Pykosh, Esquil:e - Counsel for Father Bryan S. Walk, Esquire - Counsel for Mother - .1__. ,~, : ... . -....' . " .MICHAEL S.MITH Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 00-260 CIVIL TERM .MICHELLES.MITH Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF VISITATION ORDER AND NOW, this I ;3'\'1\ day of November, 2000, comes the Defendant in the above-captioned matter, Michelle Smith, by and through her counsel, Bryan S. Walk, Esquire, and respectfully requests that this Honorable Court grant his petition for Modification of Visitation Order, and represents as follows: 1. On April 4, 2000, an Order of Court was entered in regards to custody and visitation of the minor child, Brittany Marie Smith. This order was modified by a subsequent order, dated September 6, 2000. Copies of such orders are attached hereto, 2. This order should be modified because it would be in the best interest of the child. WHEREFORE, Petitioner requests that this Honorable Court modifY the existing Order for Custody and Visitation because it will be in the best interest of the child. Repectfully Submitted, f?/~ Bryan S, Walk, Esquire Attorney for Petitioner , _LW'';'''"~.b;,."""",J,-lIIliitaiiii ~~'"' liillill1illlliiilil-"~"" -'~1""""1iI~"-"""""~"""'~ '\':-' ~ -'~ ". ~ ", ~ ," , ........... ~ <- ~ ~ , -: \1 ,; E~~5.8EC: (HL) ~O ~L ~ \fd '6mqs!lJ'eH laaJISlnUlll.M c: ~ ~:80 ~ MY' i\ll'lBnlOUt< >lleM 'S UeAl8 fllJOot 1. l"~N G "--"..f -,;, ,. ~-:1 (') ~; ~tf 71 ~4::~ r:.:c' :::::'""- C".l.) !S: -') .~l.. .>-- (; ~ . .' .. . . ,-, ~~ c_:.:' ~ ,5 c._ t~~ (:'1 -' (.~~ -,' 'v , :.:;; =~~ ~~:::h; , , ----:::1 ~>- ::0 --< ::;: S"J o h:: -_.~ ,. I '. MICHAEL SMITH, . IN THE CXlURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 00-260 CIVIL TERM . : MICHELLE SMITH, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF <XllJRT AND NCW, this tot. day of ..\~ consideration of the attached Custody Conciliation Report, and directed as follows: , 2001, upon it is ordered 1. The prior Order of this Court dated September 6, 2000 is vacated and replaced with this Order. 2. The prior Order of this Court dated April 4, 2000 shall continue in effect with the exception of paragraphs 3 and 6, which are modified by this Order. 3. Beginning Friday, January 19, 2001, the Father shall have partial physical custody of the Child in accordance with the following schedule: A. Every Friday, the Mother shall transport the Child to the Father's residence at 7:00 a.m. and the Father shall have custody of the Child until 1: 30 p.m., when the Father shall transport the Child to the maternal grandparent's residence. B. Every Friday, the Father shall pick up the Child at the Mother's residence between 9:45 and 10:00 p.m. and retain custody of the Child through Saturday at 1:30 p.m., when the parties shall exchange custody of the Child at the Capitol City Mall Sears Auto Center. C. Every Saturday, the Father shall piCk up the Child at the Mother's residence between 9:45 p.m. and 10:00 p.m. and shall retain custody through Monday at 8:00 p.m. when the Father shall transfer custody of the Child to the Mother at the Capitol City Mall Sears Auto Center. 4. The parties shall jointly obtain instructions frcm the Child's physician regarding treatment of the Child's allergies, including limiting or prohibiting the Child's contact with animals during periods of custody with both parties. _u/' , l, .. , 5. This Order is entered pursuant to an agreement of the parties at 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. J. cc: Michael J. Pykosh, Esquire - Counsel for Father Bryan S. Walk, Esquire - Counsel for Mother t .~~ ~ ()I':).~'ff .1111,.-.11I ~L_ , ~'~Lilll' "-q''''''~I~~ ,;' 'f/ +1J\tyl!tle, h . lJJvn06 01;;;" II :~ /.1 .vd 8/ Nifr 10 J.l!rt.J.ONQi-!I(\,. "1" . ,~ "'Cfri 1;'11' :10' ::JJI.i.:4J..O::J7'&'J'J. '- ," I . .IIl..i ~-' ~_ ,.., "~r " . ... ~ !.1 I: [i Ii Ii J , ~I , ~ I ~' ,I. .,. ..' MICHAEL SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 00-260 CIVIL TERM . : MICHELLE SMITH, . CIVIL ACrION - LAW . Defendant . IN CUSTODY . PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATIOO SUMMARY REPCRT IN AC<XlRDANCE WITH CUMBERLAND <XXlNTY ROLE 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 DATE OF BIRTH CURRE!ilTLY IN CUSTODY OF Brittany Marie Smith September 5, 1995 Mother/Father 2. A CUstody Conciliation Conference was held on January 16, 2001, with the following individuals in attendance: The Father, Michael Smith, wi th his counsel, Michael J. Pykosh, Esquire, and the Mother, Michelle Smith, with her counsel, Bryan S. Walk, Esquire. 3. The parties agreed to entry of an order in the form as attached. ~u~ Date I 7, d-ool , DaQ~h CUstody Conciliator .iII.;;"i;;;~..L~ i ~ -~",,'~, v i,;~iIIIitl">II<ili.'-~.~~ -,-,",'.,,",. "Ill " ' il f ! Ii ~ ~ " II Ii " MICHAEL SMITH, Plaintiff : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLV ANJA v. . . : ClVll.. ACflON - LAW ~ CUSTODY NO. .) r:tflJ. c1 f,o (!..W;i ~ MICHELLE SMITH, Defendant COMPI.AINT FOR CUSTODY AND NOW, comes Plaintiff, Michael Smith, through his attorney. the Law Office of Darrell C. Dethlefs, and avers the following: 1. Plaintiff is Michael Smith, an adult individual with a residence located at R.R.I, Box 384, New Bloomfield, Pennsylvania 17068. 2. The Defendant is Michelle Smith, an adult individual with a residence located at 550 Wtlliamsgrove Drive, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks temporary physical and joint legal custody of Brittany Marie Smith, born 9/5/95, (hereinafter known as Child). 4. Plaintiff, Michael Smith, and Defendant, Michelle Smith are married. The child was born during the marriage. 5. Plaintiff and Defendant are the natural parents of the child. 6. Plaintiffhas no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 7. The best interests and permanent welfire of the child will be served by granting the relief requested because the Plaintiff is better able to provide a stable, secure environment in which to raise the child. 8. Plaintiffis requestinsjoint legal custody and temporary periods ofphysicai custody of the child. 9. Neither party hereto are members of the Anned Forces of the United Statet or any of its allies. . WHEREFORE, Plaintiff respectfully requests this Court to grant joint legal custody and temporary periods of physical custody of the child, to Plaintiff. Respectfully Submitted, Date: \ c.. - 30 -q 9 By: /Y14.d- / Mk~G. Pykosh Attorney I.D. 58851 3805 Market Street Camp Hill, P A 17011 (717) 975-9446 MICHAEL SMITH, P1aintitT : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYL VANIA v. : CIVIL ACTION - LAW MICHELLE SMITH, Defendant : : CUSTODY NO. VERTFICA nON I hereby verilY that the statements of fact made in the foregoing Petition for Custody, are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: /2. - 30 - if ~~{2~ Michael Smith ~~ ~r ~ & . h .~ \) C3 ~ O' ~ ~ ~~ ~ D , ..0 If' ~~ D ~ (') a ~ c 0 ~ L.. -.') -Orr~ ),'.. rn(~:': - :i;Q 8 z -- _..\..1 ,..... :'"n :ZT "iT ,,~.; w ~\" - -<o.~. ~._--::! (.J r:::c: " ._" ~;c., .,.~; .::!J :-:;,.;: (') ~2 N :'5rn 2--= .:;j =2 r- :b <::> -< JAM 18 200rJP MICHAEL SMITH. P1aintift' : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLV ANlA v. : CIVIL ACTION - LAW MICHELLE SMITH. Defendant . . : CUSTODY NO. d:lDoo - .:lI.O C"'~(/~ ORD1r.l\ OF COURT 7s:Y:0 And now, this \'1<. day of ~1f\ ' TI}9g, upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before \'Q'v--.l{) S.~, Esquire, the Con'filiator, at ,')1"'-) ,\1Q\()')1!!~ ~ Pennsylvania, on the ~ Jay of V\o., c.... "" ,'~at (1', ~D .M., for a Pre-hearing Custody Conference. At such conference, an effort will be e to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: ~\){\.~.~~Q'\n,:\ ~ . Custody Conciliator () I ~ ~ :\ YOU SHOULD TAKE THIS APPEAR 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (7 I 7) 249-3166 (800) 990-9108 ~~,?Z~~/ -~ ~. /~VJ# ~t< ~n; ~ ~ ~~~~ ~~ \71IWIilASNN3d }Jj"n~~ "I" ""--"I'~ 1\. I)!, \ "',' '--;_.....-'.::.;1 j -I - ..... '.'."', "" ',"'i:,--, ; ,. :7 "./ ... I ,;:;' r'n I '"' oJ ", ~.; I) ,....-. l:t.. ),tlV.U::",:,.-,; ,_ I"~ P'c? b/ / :/q7 b!. f vvtf// MICHAEL SMITH, : IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND caJNTY, PENNSYLVANIA : vs. : NO. 00-260 CIVIL TERM : MICHELLE SMITH, : CIVIL ACTION - LAW Defendant : IN CUSWDY aIDER OF <XXlRT AND lUf, this vi"-'- day of ,ILIl._ \ consideration of the attached Custody concir~fo~ Report, and directed as follows: , 2000, upon it is ordered 1. The Father, Michael Smith, and the Mother, Michelle Smith, shall have shared legal custody of Brittany Marie Smith, born September 5, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child every week from Sunday at 9:00 a.m. through Monday at 8:00 p.m., beginning April 2, 2000. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon, and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. For purposes of this paragraph, the entire New Years holiday shall be deemed to fall within the same year as New Years Eve. C. EASTER: On Easter Sunday in 2000, the Mother shall have custody of the Child until 4:00 p.m. and the Father shall have custody of the Child from 4:00 p.m. on Easter through termination of his regular period of weekly custody. In subsequent years, the Mother shall have custody of the Child on Easter sunday until 3:00 p.m. and the Father shall have custody of the Child on Easter beginning at 3:00 p.m. and continuing through termination of his regular period of weekly custody. D. THANKSGIVING: In every year, the Mother shall have custody of the Child on Thanksgiving Day until 3:00 p.m. and the Father shall have custody of the Child on Thanksgiving Day from 3:00 p.m. until 8:00 p.m. E. MEMaUAL DAY: The Father shall have custody of the Child on Memorial Day in even numbered years from 9:00 a.m. until 8:00 p.m. and the Mother shall have custody of the Child on Memorial Day in odd numbered years from 9:00 a.m. until 8:00 p..m. F. INDEPENDENCE DAY (Cbeerved): The Father shall have custody of the Child on Independence Day in odd numbered years from 9:00 a.m. until after the fireworks and the Mother shall have custody of the Child in even numbered years from 9:00 a.m. until after the fireworks. G. LABCR DAY: The Father shall have custody of the Child every year on Laber Day until 8:00 p.m. H. PCU1ti1('S DAY/FAi'HER'S DAY: The Mother shall have custody of the Child every year on Mother's Day until 1:00 p.m. and, the Father shall have custody of the Child every year on Father's Day in accordance with the regular custody schedule. I. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. J. In the event the Father's period of holiday custody falls immediately preceding or fOllowing his regular period of custody, the Father's holiday/regular period of custody shall run continuously. 5. Each party shall be entitled to have custody of the Child for 1 uninterrupted week during each summer school vacation upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference of his or her selection of vacation dates. 6. The Father shall be responsible to provide all transportation for exchanges of custody unless otherwise arranged by the parties. 7. In the event the Father is unavailable to provide care during his periods of custody with the Child, the Father shall contact the Mother to offer her the opportunity to care for the Child before contacting third party caregivers. 8. This Order is entered pursuant to an agreement of the parties at 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 OOURTI / J. cc: Michael J. Pykosh, Esquire - Counsel for Father Bryan S. Walk, Esquire - Counsel for Mother ~4'5.60 ~'\5 V:~:\/I\I)'S'~']~{::d }J.>!(',C"'" .." '. .:~:'v-',r::) <IS :1, \'1 ;1'- Jd J CO }l!',..!,-".,! "di..l.,j:\ ;:;.:~) MICHAEL SMITH, . IN THE COURT OF COMMON PLEAS OF . plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 00-260 CIVIL TERM : MICHELLE SMITH, : CIVIL ACTION - LAW Defendant : IN CUSTODY CUS'lOOY CCIiICILrATICN SlMARY REPCRT IN AcxnmANCE WITH <nmERLAND CXXlN'lY 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 DATE OF BIRTH CllRRENTLY IN CUSTCOY OF Brittany Marie Smith September 5, 1995 Mother 2. A CUstody Conciliation Conference was held on March 28, 2000, with the following individuals in attendance: The Father, Michael Smith, with his counsel, Michael J. Pykosh, Esquire, and the Mother, Michelle Smith, with her counsel, Bryan Walk, Esquire. 3. The parties agreed to entry of an order in the form as attached. /h eur..U .,J 7 d-ooO Date ~ Dawn S. Sunday, Esquire CUstody Conciliator MICHAEL SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHELLE SMITH, Defendant CUSTODY NO. 00-260 AND NOW, comes Plaintiff, Michael Smith, through his attorney, the Law Office of Darrell C. Dethlefs, and avers the following: 1. Plaintiff is Michael Smith, an adult individual with a residence located at R.R.l, Box 384, New Bloomfield, Pennsylvania 17068. 2. The Defendant is Michelle Smith, an adult individual with a residence located at 550 Williamsgrove Drive, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks primary physical and joint legal custody of Brittany Marie Smith, born 9/5/95, (hereinafter known as Child). 4. Plaintiff, Michael Smith, and Defendant, Michelle Smith are married. The child was born during the marriage. 5. Plaintiff and Defendant are the natural parents of the child. 6. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is better able to provide a stable, secure environment in which to raise the child. 8. Plaintiff is requesting joint legal custody and primary physical custody of the child along with the right of first refusal for child care. 9. Neither party hereto are members of the Armed Forces of the United States or any of its allies. WHEREFORE, Plaintiff respectfully requests this Court to grant joint legal custody and primary physical custody ofthe child and the right of first refusal for child care to Plaintiff. Respectfully Submitted, Date: b-;}9-00 BY.~~ jh Attorney I.D. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 MICHAEL SMITH, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW MICHELLE SMITH, Defendant CUSTODY NO. 00-260 VERTFICATION I hereby verifY that the statements of fact made in the foregoing Petition for Custody, are true and correct to the best of my knowledge, information and belief I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: , ~"~a()~ Michael Smith ""1:.1 i~ C}f l.': c'~~ ,:" <',. / >( C' ,- ,-:'} \.:) o ~ ... ) --4 -< l..:) -,_..........._~..~~....,.,_." . MICHAEL SMITIf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA PLAINTIFF V. MICHELLE SMITIf 00-260 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 6TH day of JULY, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 onthe25TII dayof JULY ,2000, 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 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 pennanent order. FOR THE COURT, By: fsf Dawn S. Sunday, Esq.tIJ 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 infonnation about accessible facilities 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 d __.~ f..A_ ~ ~W 11/~ ~r7 "',~. rV' _ 'T~/ iJcl-c'L. ~ p:p- ~ ~u, (?(J'('c. ~ k" '7 ~;(dp; f'? <J<JL L 1/""\/,','11 ('11"-- .I, "11\,' 1 L.'. '.'.I'..''''!O ,\.IN:''{'' ' ,~ " '~' S U :2 ~ i. t: 'if' MICHAEL SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 00-260 CIVIL TERM . . . . CIVIL ACTION - LAW IN CUSTODY MICHELLE SMITH, Defendant : OODER OF COORT AND tOI, this b"- day of ,,~ consideration of the attached CUstody Conciriation Report, and directed as follows: , 2000, upon it is ordered 1. The prior Order of this Court dated April 4, 2000 shall continue in effect with the exception of pat'agt'aphs 3 and 6, which are modified by this Order. 2. Beginning Ft'iday, August 25, 2000, the Father shall have partial physical custody of the Child in accot'dance with the fOllowing schedule: A. Every Ft'iday, the Father shall pick up the Child at 6:30 a.m. at the Ft'iendly's t'estaurant on Route 15 in Camp Hill and shall transfer custody of the Child to the Mother or the maternal gt'andpat'ents at 2:30 p.m. at the Sheetz store on the Carlisle pike in Mechanicsburg. Every Ft'iday aftet' work (at 11:30 p.m. or eadier if the Father contacts the Mother in advance) the Father shall pick up the Child at the Mother's t'esidence. B. Every Saturday, the Father shall transfer custody of the Child to the Mother at 2:30 p.m. at the Sheetz store on the Carlisle Pike in Mechanicsburg. Every Saturday after work (at 11:30 p.m. or earlier if the Father contacts the Mother in advance) the Father shall pick up the Child at the Mother's residence. C. Every Monday, the Father shall transfer custody of the Child to the Mother at 8:00 p.m. at the Sheetz store on the Carlisle pike in Mechanicsburg. 3. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mut J.,consent, the terms of this Order shall control. J' ~-( J'~ ~U~)p.OO f\x.~ cc: Michael J. Pykosh, Esquire - Counsel for Father Bryan S. Walk, Esquire - Counsel for Mother ~' 1 "/ <' 'Li' .,."..,-",-,~,.--,~,.- MICHAEL SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-260 CIVIL TERM : MICHELLE SMITH, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRICR JUDGE: ~ B. Bayley CUS'lOOY CCNCILIATICN &BIARY REPCRl' IN AClXlIDANCE WITH cnmERLAND <XXm'Y RULE CF CIVIL PROCEIXlRE 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 DATE CF BIRTH CURRENTLY IN CUS'lOOY CF Brittany Marie Smith september 5, 1995 Mother 2. A Custody Conciliation Conference was held on August 23, 2000, with the following individuals in attendance: The Father, Michael Smith, with his counsel, Michael J. Pykosh, Esquire, and the Mother, Michelle Smith, with her counsel, Bryan S. Walk, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Av~/lVOr ~ 0; doOO Date ~ - . Dawn S. Sunday, Esquire Custody Conciliator MICHAEL SMITH Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 00-260 CIVIL TERM MICHELLE SMITH Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF VISITATION ORDER AND NOW, this 13{11. day of November, 2000, comes the Defendant in the above-captioned matter, Michelle Smith, by and through her counsel, Bryan S. Walk, Esquire, and respectfully requests that this Honorable Court grant his petition for Modification of Visitation Order, and represents as follows: I. On April 4, 2000, an Order of Court was entered in regards to custody and visitation of the minor child, Brittany Marie Smith. This order was modified by a subsequent order, dated September 6, 2000. Copies of such orders are attached hereto. 2. This order should be modified because it would be in the best interest of the child. WHEREFORE, Petitioner requests that this Honorable Court modify the existing Order for Custody and Visitation because it will be in the best interest ofthe child. Repectfully Submitted, f?/~ Bryan S. Walk, Esquire Attorney for Petitioner EXHIBIT A $ MICHAEL SMITH, Plaintiff : IN THE OOURT OF OOMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-260 CIVIL TERM : MICHELLE SMITH, Defendant : CIVIL ACTION - LAW : IN CUSTODY FilE COpy ORDER OF aJURT AND wq, this LIth day of AOR,l consideration of the attached custody Conciliation and directed as follows: , 2000, upon Report, it is ordered 1. The Father, Michael Smith, and the Mother, Michelle Smith, shall have shared legal custody of Brittany Marie Smith, born September 5, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child I S general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physiCal custody of the Child every week from Sunday at 9:00 a.m. through Monday at 8:00 p.m., beginning April 2, 2000. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. ~ YEARS: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon, and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during ~# ... - Segment B in even numbered years. For purposes of this paragraph, the entire New Years holiday shall be deemed to fall within the same year as New Years Eve. C. EASTER: On Easter Sunday in 2000, the Mother shall have custody of the Child until 4:00 p.m. and the Father shall have custody of the Child from 4:00 p.m. on Easter through termination of his regular period of weekly custody. In subsequent years, the Mother shall have custody of the Child on Easter Sunday until 3:00 p.m. and the Father shall have custody of the Child on Easter beginning at 3:00 p.m. and continuing through termination of his regular period of weekly custody. D. TBANKSGrvING: In every year, the Mother shall have custody of the Child on Thanksgiving Day until 3:00 p.m. and the Father shall have custody of the Child on Thanksgiving Day from 3:00 p.m. until 8:00 p.m. E. MEM::lRIl\L DAY: The Father shall have custody of the Child on Memorial Day in even numbered years from 9:00 a.m. until 8:00 p.m. and the Mother shall have custody of the Child on Memorial Day in odd numbered years from 9:00 a.m. until 8:00 p.m. F. INDEI?mDENCE DAY (Cl>served): The Father shall have custody of the Child on Independence Day in odd numbered years from 9: 00 a.m. until after the fireworks and the Mother shall have custody of the Child in even numbered years from 9:00 a.m. until after the fireworks. G. I.AI3CR DAY: The Father shall have custody of the Child every year on Labor Day until 8:00 p.m. H. 1'IUJ.'tI.!ili'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day until 1:00 p.m. and, the Father shall have custody of the Child every year on Father's Day in accordance with the regular custody schedule. I. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. J. In the event the Father I s period of holiday custody falls immediately preceding or following his regular period of custody, the Father's holiday/regular period of custody shall run continuously. 5. Each party shall be entitled to have custody of the Child for I uninterrupted week during each summer school vacation upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference of his or her selection of vacation dates. 6. The Father shall be responsible to provide all transportation for exchanges of custody unless otherwise arranged by the parties. 7. In the event the Father is unavailable to provide care during his periods of custody with the Child, the Father shall contact the Mother to offer her the opportunity to care for the Child before contacting third party caregivers. 8. This Order is entered pursuant to an agreement of the parties at 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 OOORT, /5/ ~A} Ii. -{J,O/,/ J, cc: MiChael J. Pykosh, Esquire - Counsel for Father Bryan S. Walk, Esquire - Counsel for Mother TRUE OJ?Y FROM f'.EC0f.D In Testimony vih,r,,0'f, I here untc, set my holld llnd the seal of said Covrl at CarLsle, P~. 1Io#6~V~Lof'f/ ~.J. prothonot~ MICHAEL SMITH, : IN THE COURT OF CO'1MON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-260 CIVIL TERM : MICHELLE SMITH, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF roJRT AND 'tOl, this i, fh day of J:i.f) ~/fn.!WA) consideration of the attached Custody concil6:'a{f~n Repor-t, and directed as follows: , 2000, upon it is order-ed 1. The prior- OI:der- of this Cour-t dated April 4, 2000 shall continue in effect with the exception of par-agr-aphs 3 and 6, which ar-e modified by this OI:der-. 2. Beginning Fr-iday, August 25, 2000, the Father- shall have partial physical custody of the Child in accor-dance with the following schedule: A. Every Fr-iday, the Father- shall pick up the Child at 6:30 a.m. at the Fr-iendly's restaur-ant on Route 15 in Camp Hill and shall tr-ansfer custocly of the Child to the Mother- or- the mater-nal grandpar-ents at 2:30 p.m. at the Sheetz stor-e on the Car-lisle Pike in Mechanicsbur-g. Every Fr-iday after- wor-k (at 11:30 p.m. or- eadier- if the Father- contacts the Mother- in advance) the Father- shall pick up the Child at the Mother-'s r-esidence. 'N: ! ~ ""' . ('!) ~':7:1 "''''...... (:) ~ "-- r-.... ~,,~ f'1 : t:>...... 0 -...."....,. -;.., ~.:: i. ~ c_ r ~ ns..-"'" o - c; - ~71 ~r1~ ~:) -..,.. ,.J.... ~. ~ r_~ ru .-:- :"'-. ;..' ~'" ,~-~ . - -'~1 . .5~ (; to) ... v -f .("'~) 9-' ::) " tt:>C) ~ 6 ~C1 g, \' B. Every Satur-day, the Father- shall tr-ansfer custody of the Child to the Mother- at 2:30 p.m. at the Sheetz stor-e on the Car-lisle Pike in Mechanicsbur-g. Every Satur-day after- work (at 11:30 p.m. or- ear-lier if the Father contacts the Mother in advance) the Father- shall pick up the Child at the Mother's residence. C. Every Monday, the Father shall transfer- custody of the Child to the Mother- at 8:00 p.m. at the Sheetz stor-e on the Carlisle pike in Mechanicsburg. 3. This OI:der is enter-eel pur-suant to an agr-eernent of the par-ties at a Custody Conciliation Conference. The par-ties may modify the pr-ovisions of this OI:der- by mutual consent. In the absence of mutual consent, the terms of this OI:der- shall contr-ol. BY THE COURT, IS; /')-{1.fJJ A 'iJg<;l B. Bayley, J. cc: Michael J. Pykosh, Esquir-e - Counsel for Father- Bryan S. Walk, Esquir-e - Counsel for- Mother- MICHAEL SMITH PLAINTIFF V. MICHELLE SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-260 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 17th day of November, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 13th day of December ,2000, at ---1=00 p.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. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq/t? 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 facilities 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 AITORNEY AT ONCE. IF YOU DO NOT HAVE AN AITORNEY 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 17013 Telephone (717) 249-3 I 66 ,~~ ~ ~w. tUrv {J()- ('f?// J/f/ q; ~ ~t~ (Jr)- y!('.// 1/'f! ~ ~ "l- r~ ~.?'l OcJ~e!I IN RE: SPECIAL ASSIGNMENT OF DISTRICT JUSTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW 2000-476 CNIL TERM ORDER OF COURT AND NOW, November 20, 2000 after having received a written request from District Justice Gayle A. Elder that she be disqualified to hear the case of Members 1st Federal CD vs. Marvetta L. Lander, it is hereby directed that District Justice Charles A. Clement, Jr. be assigned to hear the case. The hearing is scheduled for Wednesday, December 27,2000 at II :30 A.M. at District Justice Clement's office. By the Court, P.J. Gayle A. Elder District Justice 09-3-05 t~I'~() -fY)~ JI- .;l;;t ~O RK.s Charles A. Clement, Jr. District Justice 09-1-01 MICHAEL SMITH, . IN THE OOORT OF OJMMOO PLEAS OF . Plaintiff : CUMBERLAND COONTY, PENNSYLVANIA : vs. . NO. 00-260 CIVIL TERM . . . MICHELLE SMITH, . CIVIL ACrrOO - LAW . Defendant : IN CUSTODY aIDER OF <XXJRT AND r<<:M, this 10. day of jlA~ consideraticn of the attached Custody Conciri~tion ~port, and directed as follows: , 2001, upon it is ordered 1. The prior Order of this Court dated September 6, 2000 is vacated and replaced with this Order. 2. The prior Order of this Court dated April 4, 2000 shall continue in effect with the exception of paragraphs 3 and 6, which are modified by this order. 3. Beginning Friday, January 19, 2001, the Father shall have partial physical custody of the Child in accordance with the following schedule: A. Every Friday, the Mother shall transport the Child to the Father's residence at 7:00 a.m. and the Father shall have custoCly of the Child until 1:30 p.m., when the Father shall transport the Child to the maternal grandparent's residence. B. Every Friday, the Father shall pick up the Child at the Mother's residence between 9:45 and 10:00 p.m. and retain custody of the Child through saturday at 1 :30 p.m., when the parties shall exchange custody of the Child at the Capitol City Mall Sears Auto Center. C. Every Saturday, the Father shall pick up the Child at the Mother's residence between 9:45 p.m. and 10:00 p.m. and shall retain custody through Monday at 8:00 p.m. when the Father shall transfer custody of the Child to the Mother at the Capitol City Mall Sears Auto Center. 4. The parties shall jointly obtain instructions fran the Child's phYSician regarding treatment of the Child's allergies, including limiting or prohibiting the Child's contact with animals during periods of custody with both parties. 5. n1is Order is entered pursuant to an agreement of the parties at 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. J. cc: Michael J. Pykosh, Esquire - Counsel for Father Bryan S. Walk, Esquire - Counsel for Mother ~ . f\~ L..~ D I':).~~~ 'r .-- J..LA;, !1Nv~~c:1 '{)ctJ 0;~,'i1:A8Wno . , I :~ 1M 5/ Nv!, 10 ll.!l;,(""", .l'!tJl7.c, ;~\"i...NJ('"., '.-."" :'Jlj;;("J<:: ,~i'!l ::fO _I '..)::".. -~Jj7{-j MICHAEL SMITH, : IN THE COURT OF <XlMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-260 CIVIL TERM : MICHELLE SMITH, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . PRICR JUDGE: Edgar B. Bayley CUSTCDY CXH:ILIATICN SUMMARY REPCRl' IN Aca:RDANCE WITH aM3ERlJlND <n:m'Y 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 DATE OF BIRTH CURRENrLY IN CUSTCDY OF Brittany Marie Smith September 5, 1995 Mother/Father 2. A Custody Conciliation Conference was held on January 16, 2001, with the fOllowing individuals in attendance: The Father, Michael Smith, with his counsel, Michael J. Pykosh, Esquire, and the Mother, Michelle Smith, with her counsel, Bryan S. Walk, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Jt'U'LUa<.<t f 7r ,.)..001 Date Da~t;!~( Custody Conciliator