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Home My WebLink About00-01293 .~ . ",~ "0""U- '''.'_0',';, '"'~ .. .. .. .. .. .. .. IN THE COURT OF COMMON PLEAS .. .. .. OF CUMBERLAND COUNTY STATE OF PENNA. .TZ!lT\lli' A _ ,SMITI:l, Plaintiff No. 00 - 1293 CIVIL TERM VERSUS KEITH A. SMITH, .. Defendant .. .. DECREE IN DIVORCE c.:t ,':03 41t . AND NOW, DECEMBER , ( , ::>00::> ,IT is ORDERED AND .. DECREED THAT JANE A. SMITH , PLAINTIFF, AND KEITH A. SMITH , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTiON OF THE FOLLOWING CLAIMS WHiCH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE .. .. .. .. .. .. J. .. .. .. .. .. .. .. PROTHONOTARY .. .. .. .. .. .. ., i I .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ! .. .. I' , I .. I . i .. ~ .. l .. I p .. I .. r .. I .. .. .. I .. ! I .. , I ~" .. I. .. I .. I .. , .. .. .. .. .. .. "j, ,-",,,-- ;^'~-i-~ . _,." ", dO,"'",__",' __." _ ;~" ",><' '--~~,"-", < HAROLD S. IRWIN, m. ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLADNTIFF JANE A. SMITH, Plaintiff = IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA v. = CIVIL ACTION. LAW KEITH A. SMITH, = NO. 00 . 1293 CIVIL TERM Defendant = IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about March 11, 2000, defendant was served with a copy of the divorce complaint. See Affidavit of Service filed on March 14,2000. 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301 (c) of the Divorce Code: By the plaintiff: November 30, 2002. By the defendant: November 27,2002. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the piaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A Date plaintiff's Waiver of Notrice i'hSection 3301(c) divorce was filed with the Prothonotary: December 1'f3, 2002. Date defendant's Waiver of Notice in Section 3301@ Divorce was filed with the Prothonotary: Decemb " 2002. HAROLD S. IRWIN, 1\1 Attorney for Plaintiff (b) December " 2002 - ~"-. ~, "".,' ,~.", . ~ -"".~"""" ~ . HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF .JANE A. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW KEITH A. SMITH, : NO. 00 . /~ 'l3 CIVIL TERM Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717 -249-3166 . .JANE A. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW KEITH A. SMITH, : NO. 00 -p 93 CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301 ~ OF THE DIVORCE CODE NOW, comes the plaintiff, Jane A. Smith, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce, against the defendant, Keith A. Smith, representing as follows: 1. The plaintiff is Jane A. Smith, an adult individual residing at 2231 Pine Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Keith A. Smith, an adult individual residing at 185 Kutz Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both parties have been residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this action in divorce. 4. The parties were married on March 20, 1986, in Wheat Ridge, Colorado. 5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers that the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. i'l ~ ~ .~,~~ on, ,,' " ~-, ~ - ,- " ., ~ =--, =~~ ~- .' ~_. 7. There has been no prior action for divorce or annulment between the parties. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. March 7, 2000 \J1fl1 () S~ JANE A. MITH Plaintiff HAROLD S. IRWIN, III Attorney for Plainti 0-' ~, , _ """-< _ - b _ . ~ - ," '"'" ", , .. '> 1. ,,, -_ _':~~"" ,~o" -.-.>--.----J~ _~_~, ,-=--"". .2 v. Ii Ii Ii JANE A. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW KEITH A. SMITH, : NO. 00./2 'U CIVIL TERM Defendant : IN DIVORCE [, PLAINTIFF"S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. March 7, 2000 \Jfltu a JItiifr-- JANE A. SMITH Plaintiff , HAROLD S. IRWIN, m ESQ. ATTORNEY ID NO. 82585 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF .JANE A. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW KEITH A. SMITH, : NO. 00 - 1293 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA.R.C.P. RULE NO. 1920.4 Uill.1.lill NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about March 11, 2000, by certified mail "restricted delivery", addressed to the defendant at 185 Kutz Road, Carlisle, PA 17013 (Certified Mail Receipt No. Z 338 755 902). 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Harold S. Irwin, III Attorney for plaintiff March 13, 2000 :~,-"''{.-i"-o.- ""'!,", '~t}~E!ND R: ^ , 0.. '.0 Complete" jtems 1 andlor 2 for additional services. ; II) "Complete, items 3, 4a, and 4b. ~ "0 Print your-name and address on the reverse of this furm so that we can return this t' ' card to you. ! , 0 Attach this term fa the front of the malJpiece, or on the back if space does not Q): P_ermit. I -= [J Write:"Retum RecsJpr Reques19d" on the mailpiece below the article number. C 0 The Return Receipt will show to Whor;n,,Jhe artlcle was delivered and the date o delivered. - i 3. Article Addressed to: ~ .t.'i't7/./ j} 5m /77/ 8 1/, . ,.(8S- ~72- ftiO "'(yJtzUS t...z.. P/J-J7/I/7 ~S h. I also wish to ...Olli.e the follow- ing services (for an extriHee): 1. 0 Addressee's Address ,~"k"U'elliI$!y' 5 6. Signature (Addressee or Agent) g, - i : ' 11 ;;': '; j .!!! 102595-99-6..Q223 'Domestic Return Receipt PS Form 3811, December 1994 ~ ~ V:l n.J "iij I!! ~ \Y\ CJ ill ~ ~~ C(l lr ::E .CI) -gal= ..... \'- ~ ~ ... -.. LIl CI)~~ ~ ..... ....... LIlI, = E!-a ~~ <It <It 1'" 1::"-" ().b G) ~:8 "" .9 J '\J o I!! " a~ j 0 ,...., " E ::::S~-N :g .~ l!! S m rn, &..>.$' of ~ 2!.!1' {f '-08" oJ .. ~...... -:: ... aj ~ (I)~ ~AU) ~ c1l_1l.5! 2l ~~ '" f N .~ = a ojim _ c.." <D ~. m ~ !i~l! s.-I!!!l 8'1l. {f m " mal" ~ii5 m II 0 "2 a:atI ::i! 0. ... oumo~_ ~ f m .g EE~~ -' .. a.. c: I: <I) 'e '0 ~ fi gJ&!~88l ,r....cf' {l ~ ~HU 0. 0. S661l!Jdv '008& WJO~ Sd oj '" ":!: " "' a 'ii I! 1: " ';j 0: .. " "iii " .e " o >- '" " " .c. ... f l' I l I' I, I:: I. t ~ ~ ti (I "' 'I I ij II ~ 11 Ii I' II f' t1 ij !~ ! I I 11 Ii j /'<' ,-~"',_c--~ .,--'~,',"-'.,' ~;_'-~",,,,,. ,t;,,--~'.. "n_"" ,.;;I'~"':'-Jr_'" :-,~,,-, -,-~'1--j~ JANE A. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW KEITH A. SMITHI, : NO. 00. 1293 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about march 8, 2002 and served upon defendant on March 11, 2000 (See Affidavit of Service filed on March 14,2000). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry ora final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. November$D ,2002 . '-.J1Jua..turv:rr- JANE A. SMITH Illlill 'o-~~ ~, ". 1 1'. c _."' 0" o.~'" . ,~..- ~ . - < .,,- ,.,-.-",--' JANE A. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW KEITH A. SMITH!, : NO. 00 . 1293 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. November jv , 2002 ~{l.Jvnun..- JANE A. SMITH ir ~~ ... ~'( r ." qe"".'..".."W',", ,,,v '"". .~ ;", ;-. ~.. "0 0 0 C N " s:: 0 --1 -0 tT;; rTl'" mp, C). .. 2-'-1 , ::Ii zc ro" w , ' . -<L~ .~; (~) ~c; -0 " " ~,'lJ ~Q ::;;; ;J,;, j~-r{ -(, t:-? )>e: ~ z :..:> ~ =2 Iv -< I. "'. " ,I:', ,. 1" _ ~- - ."~ ',_ .~ '''<''-'__ '," L'_ ',,"; ~I~~, _~_ ",~-\_-,. . ' . JANE A. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : : CIVIL ACTION - LAW KEITH A. SMITHI, : NO. 00 - 1293 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST E!lTRY OF A DIVORCE gECREE JlNDER SECTION 3301~ OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. November ~ , 2002 \,J(1)u (l JJf)1.L/"Y'. JANE A. SMITH ."'''-'' ~,,~ O""~ ':.-,,--" , _~ ~. '" -~ ',,' ,'..". ,." ,.... . " !: I! " " I" Ii i,i Ii P i1~ 1::1 11 II 0 <::) 0 c:. \'.) -n 'S: 0 .-l -01...:0 1""<1 ~G~~ rr1rr. n 2':'0 I 'Jm 21-' :10 cfl)";" \.0 ',.3(ri .::.<2~ r:;C -0 '<: (.")-:;.Q ~(; ~;: -"'.,. ~ ) -0 1;:> (~m J>c:. -. "~ ~ w 3S f" "< r .. ,I .. .JANE A. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW KEITH A. SMITH, : NO. 00 . 1293 CIVIL TERM Defendant : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2.' I understand that the court maintains a list of marriage counSelors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. November ;l 7, 2002 ~d<-bdL KEITH A. SMITH *~-" .-'''''',,"h_'O'' ,'__" ,"," .-" - ~" ._'''-'''''',"". -, ,-,,-,- ,-~~ .. t, . (") 0 0 c "" ~n ;;;: Cl -r..ll1J f11 .'n rnrT\ " 2::':-J I -)~ Zr.:: ~c:l;.;.: \.D ':~:l~ r::::O --c1 "- ,o!,:;; :1J ~C) :x ~?M ~n r:-? PC ~ Z W )> ~ ::tJ f'j -< \; \" tl ~1 . .JANE A. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW KEITH A. SMITH!, : NO. 00 . 1293 CIVIL TERM Defendant : IN DIVORCE DEFENDANT"S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Cod.e was filed in this matter on or about March 8, 2000 and served upon defendant on March 11, 2000 (See Affidavit of Service filed on March 14, 2000). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Novembern, 2002 L~,~ KEITH A. SMITH ii~O -- .'. ,.., " , ~"--" .. ,~ '1'1 '0'..0 c:> 0 c: N "" ~ CJ "'- ""00::> f'1 .'n n1n-j n r=~ Z:D I -:::,LD 2C t.D " 'm I..~~' ~2:': ':l~~ (20 -0 )o>c :z: 26 l:-? )?c: e:., ~ w )> :D f" -< '~ ..-11 M ~ ,',_'_, -,.-- A' >I_O"~"'>{" ~._ " ___" ,'-;<:J.",-.-~~,;,,,; -i,~___"" .-, .--",j-, '" .'" . .JANE A. SMITH, Plaintiff = IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW KEITH A. SMITH, : NO. 00 - 1293 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 tel OF THE DIVORce COD! 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. November,2.Z 2002 I';(~~ KEITH A. S ITH If~'i"',~~ .",;' ".'" """""" ". "" ,.'" , 'liIWrr' -,"~",."" . .1", ... ,,_"J' ",,' " <' ,,'. .", , "" '" , . , . .""".j () C () e- N -n -? 0 """ ~o:\ ['T1 '<l mcn n F Z:XJ :Zj:' 1 --C::)t9 en "': \!) ;~~~/ ~e) .,1') -0 ~...' --r. ZC: :N: :;~~1 )"Q ~ arn L- -' ~ ,.,:) ~ pO .<: [ , JANE A. SMITH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA V. KEITH A. SMITH DEFENDANT 2000-1293 CIVIL ACTION LAW :'1 IN CUSTODY ORDER OF COURT AND NOW, this 26th day of May ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeHubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 18th day of August , 2000, at 8:30 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: Isl Hubert X. Gilroy. Esq ~ 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 TillS 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, ~ "',; ALEr.r-OFFICE OF T~r. ,oi,nYI.J(""O",ARv ,I n... ',-.1 _ k./l ~ i 00 HAY 30 PH 2: 27 CUMElERlAI'lD COUNTY ~VANIA 5:30-G>> &;:1- ~ ~~ ~ d?f ~ 5~.Q:;J ~ ~ 0~. . 5-$J.CJ~ ~ ~ ~ y,( ~ yi-It . , . . ..... . '.-.. , . 'C"!.-'-_~",.",' ",_,~I~'\_ ._,.",~-~, ",'I,!I~~"'--"""'" - -,' _.O~'", 10'," _'^'~' .... 0" ,", __"'-. . ,,' .'.," .-'" ~" _ &_"~"__'''''''~ d__I' . """,' '0.-,"",<_-.-' =~,.,.'_t;d_ .',.:I'_'~'__" _.'. "'--"; HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF JANE A. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 00 . 1293 CIVIL TERM KEITH A. SMITH, Defendant : IN CUSTODY ORDER OF COURT NOW, this day of May, 2000, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, on the 4th Floor, Cumberland County Courthouse, on the day of , 2000, 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. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~_~'P'~___' C"' _h_'--~"_. "-,,.- _of "'''{..~__~"_., ",&,<,",;"~"",,,__,,__ ,.,..I:;::';','_j~__I_",_ -- ._, - '" "-'_~~,.>l"< 3__0:: y'. "," .-, JANE A. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 00 - 1293 CIVIL TERM KEITH A. SMITH, Defendant : IN CUSTODY PETITION FOR CUSTODY NOW, comes the petitioner, Jane A. Smith, by her attorney, Harold S. Irwin, III, and presents the following petition for custody, representing as follows: 1. The petitioner is Jane A. Smith, an adult individual residing at 2231 Pine Road, Newville, Cumberland County, Pennsylvania 17241. 2. The respondent is Keith A. Smith, an adult individual residing at 185 Kutz Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two minor children, namely, Troy A. Smith (age 13, born October 15,1986) and Matthew S. Smith (age 12, born April 21, 1988). 4. The children resided with both parties until the parties' separation in May, 1999. Since that time, the children have resided primarily with the petitioner except during times of visitation and temporary custody with the respondent. 5. The petitioner has attempted to enter into a written agreement with the respondent which conforms to the verbal agreement by which the parties have been handling custody issues since their separation; however, the respondent has refused to enter into such an agreement. - ,',. ~, - ,'n"__, = ~'O_ ,'., <f',- ~ ,--, -,' '", ..,--, --"';,A . --,,_ -_~"m-__ " q- -.j.~;~ '-"-"--~ . . 6. Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. Petitioner believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children, but that petitioner have primary physical custody of the children, subject to respondent's rights of partial custody during specified periods of time as may be discussed and agreed upon at the conciliation conference or determined by the Court after a hearing to be held hereon. WHEREFORE, petitioner requests that the custody of the child be ordered as aforesaid. May .~ '5, 2000 HAROLDS;IRWI , III Attorney for Petiti ner VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4404, relating to unsworn falsification to authorities. May '2,3, 2000 '0fJMJ a J~ JANE A. SMITH - ,-~ , _,_< -'e.,,-. 0_,; ,; - 'i 'q", '"~ "'(""'.'"""' . =" :--<;:~I- ; .' AUG 2 5 ZOO~ JANE A. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KEITH A. SMITH, Defendant NO. 2000 - 1293 CIVIL IN CUSTODY COURT ORDER AND NOW, this 'J~ day of August, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Mother, Jane A. Smith, and the Father, Keith A. Smith, shall enjoy shared legal custody of Troy A. Smith, born October 15, 1986; and Matthew S. Smith, born April 21, 1988. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. On alternating weekends. These alternating weekends shall include at a minimum every Sunday. When Father is not working on the Saturday of his alternating weekend, he shall notify Mother and make arrangements to either pick up the children on either Friday evening or Saturday morning. B. At such other times as agreed upon by the parties. 4. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. .~ (\ rAuJ> ,00 l., PY' i- :J. \10 ~~ cc: Harold S. Irwin, III, Esquire Keith A. Smith 185 Kutz Road Carlisle, P A 17013 ,-, c,'. :'" . "', ,~. I. . ' JANE A. SMITH, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEITH A. SMITH, Defendant NO. 2000 - 1293 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Troy A. Smith, born October 15, 1986; and Matthew S. Smith, born April 21, 1988. 2. A Conciliation Conference was held on August 18,2000, with the following individuals in attendance: The Mother, Jane A. Smith, with her counsel, Harold S. Irwin, III, Esquire; and the Father, Keith A. Smith, who appeared without legal counsel. 3. The parties agree to the entry of an order in the form as attached. 9(:1 vi 06 DATE at