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HomeMy WebLinkAbout00-03043 1 l .' 1'_, AMY S. SMUTSKY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- ,)D4J. CIVIL ACTION - LAW ROBERT F. SMUTSKY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this -i day of N(1'J ,1/[1;), upon consideration ofthe attached Complaint, it is hereby directed that the~ and their respective counsel appear before , ~ theconciliator,at ::flw, \--\01\1'\0\.)... I-tc~,c.sb.ar", ~ on the jSl.t->day of ZcX:f:J,at I',OO~ .m.foraPre-~' Custody Conference. At ch 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:~>>~ sk, .1\~~ Custody Conciliator ' , C ~D I The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must bemade 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 , 5~ /1-6>.0 .5-/4 -'c?O S'-//l-tJltr ~, ~ . ,_""_~,.~B~.~" __. ~ ~ r~' "_. . n" ~,:;-- FILED~'O:::FiC:E ,.-v.',., "" I"T^RY -- ,-',- ' i-~',.. :j',~) If'\, !\n~,J.51} lr~ Lv l'ii-~ I 1;' :1: ~8 ~'()Ui\ri'( PENJ\!SYL.\i~i\J,,!r}\ w. ~ ,/UJlr ~ 4' ~ ~:u~Z~- C~~ ~'a7fr~ ~ ," """-'" 'ij, ~'~~'~'''1 r' ~_," ,,"""-co,,, l!~~~.l~~~j,,=_< ~l~_. ,~m ~ , ',:&:" F:\FILES\DATAFILE\Gendoc.cur\I0064_pet.lItde Created: 04/18fOOlO:04:27AM Revised: 05/15/00 03:38:06 PM AMY S. SMUTSKY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-.30'1.3 CIVIL ACTION - LAW ROBERT F. SMUTSKY, Defendant IN CUSTODY COMPLAINT TO MODIFY CUSTODY AND NOW, comes Defendant Amy S. Smutsky (hereinafter "Mother") by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and moves the Court to modify the Custody Order presently in existence, and, in support thereof, avers as follows: 1. The parties hereto were formally husband and wife and were divorced in December of 1998 by the Court of Common Pleas of York County. 2. The parties have one child, a son, Robert F. Smutsky, Jr., born January 7,1994. 3. By agreement of the parties, physical custody of the child has been equally divided with each parent having custody for two-three days on an alternating basis. This agreement was incorporated in an Order ofthe York County Court dated May 8, 1996, a copy of which is attached hereto and marked as Exhibit "A." 4. Mother is residing with the child at 29 Watson Drive, Carlisle, Cumberland County, with her fiancee and his son in view of their upcoming marriage in August, 2000. Prior to this, Mother lived alone in an addition built on to her parents' house at 1114 Latimore Creek Road, York Springs, Adams County, which is in the Bermudian School District. 5. Recently, Father moved to 84 Clemens Drive, Dillsburg, where he lives alone in a three bedroom townhouse. This is in the Northern School District. 6. The child presently attends kindergarten in the Northern School District. 7. Mother, a nurse at Carlisle Hospital ICU, has been able to arrange her work schedule to be off work on the days she has custody of her son and, consequently, has been able to transport him to school on those days. When the child starts First Grade this September, those arrangements will not be practical. The present custody arrangement only works while the child is in Kindergarten because Mother has the flexibility to alter her work schedule so as to be off on the days that she has custody of the child and is able to drive him to and from school. ~. '''"",,; 8. When the child starts First Grade this September, it will be necessary for one parent to have custody of the child during the school week. 9. Mother believes that the primary custody of the child should be awarded to her for the following reasons: a. She has greater flexibility in her work schedule to accommodate the child's needs; whereas, Father who is employed as shift supervisor at Ralston Purina's Mechanicsburg plant works a fixed shift Monday through Friday. b. Mother has not needed to use a babysitter when she has physical custody of her son and will not need to do so in the future; whereas, Father needs to employ, and has employed, a babysitter whenever he has custody of his son every weekday both before and after school. c. Mother is engaged to be married on August 26, 2000 and Mother's husband will be available to care for the child when it is not possible for her to personally to do so; moreover, Mother's husband has full custody of his 4 year old son who has become very close to the child in question, Robert F. Smutsky, Jr.; consequently, there will be a family arrangement when the child is in Mother's primary custody. d. Mother has extended family in this area (York Springs, Mt. Holly Springs, Carlisle); whereas, Father has no other family in this area. e. During the child's early years, Mother has been the primary nurturing parent; whereas, Father's involvement with his son primarily began with the divorce. WHEREFORE, Amy S. Smutskyrequests your Honorable Court to award her custody of her son, Robert F. Smutsky, Jr., during the weeks when school is in session and such other time as the Court shall deem to be in the best interest of the child. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO 1~~ vv'Ji ~ Date: May 15,2000 By Thomas J. Will' , Esquire Ten East High eet Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff ,._,~ -,~ .-. , -' > . ._"~ __L_ i>li.: - IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ROBERT F. SMUTSKY No. 96-SU-D0847-D2C VS Civil Action - Law AMY S. SMUTSKY CUSTODY Before Honorable Penny L. Blackwell APPEARANCES: MARIA P. COGNETTI, Esquire For Robert F. Smutsky (Father) Plaintiff/Respondent '" Co ~I en ~I n ::;: ("') ;po ,." -<0 -< c;~_ oC .,-....... "" :;:0;;0 Cl ';!(""; _-l 7.~ r'"! -"~ ,-\- ~o ::> =:< :x --f'l pC: c::;o UJ '? ~- fT1 ~- -, Ul ;- en " -< MARCUS A. McKNIGHT, III, Esquire For Amy S. Smutsky (Mother) DefendanUPetitioner ************ ORD...E...R Pursuant to representations made to the Conciliator at the pre-hearing conference on May 6, 1996 that an agreement had been reached between the parties, it is ORDERED AND DIRECTED that the parties shall share legal custody of their son, Robert F. Smutsky, Jr., born January 7, 1994. Physical custody of said child shall be as follows: 1. On a repeating two-week cycle, commencing Friday, May 10,1996, with exchange of custody at 8:00 a.m. a. Mother shall have custody from Friday, May 10, 1996 until Monday, May 13,1996; EXHIBIT "A" ~~ b&. , , , -' " ',j, b. Father shall have custody from Monday, May 13, 1996 until Wednesday, May 15, 1996; c. Mother shall have custody from Wednesday, May 15, 1996 until Friday, May 17,1996; d, Father shall have custody from Friday, May 17, 1996 until Monday, May 20,1996; e. Mother shall have custody from Monday, may 20, 1996 until Wednesday, May 22,1996; f. Father shall hall.e custody from Wednesday, May 22, 1996 until Friday, May 24,1996. 2. During the Christmas holidays, which custody shall supersede the above, commencing in 1996 and in all even numbered years thereafter, Mother shall have custody from Christmas Eve at NOON until Christmas Day at NOON; Father shall' have' custody from Christmas Day at NOON until December' 26th at NOON. Commencing in 1997 and in all odd numbered years thereafter, the above custody shall be reversed. 3. For one full week in the summer, beginning and ending Saturday at 8:00 a.m., upon reasonable notice to the other party, which shall be interpreted as 60 days notice after the current year. The party receiving custody shall be responsible for transportation. Furthermore, each party shall make arrangements directly with Kids Firstt, F-CR Associates, 3414 East Market Street, York, Pennsylvania 17402, telephone no. (717) 757-1227 within ten days of the date of this Order, and shall complete, within 60 days of the date of this Order, a four hour custody workshop conducted by said agency. A Certificate of Completion to this term and numbElr u ~ -,,-,~ ~ ",,' ". - must be filed with the Prothonotary of York County immediately upon completion of said workshop and before a pre-trial conference will be scheduled. A copy of this Order shall be forwarded to counsel of record, who shall forward a copy to their respective clients. Dated: ~\Jt:.9.u\ C(, 'A'i b ~ ' By the Court, ~ ~ ~ '-~.. ~ ~B~~ ;-~....." ."~.. ~" " -ow VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. b~~ Mj';';C~- '-; - ., ,; ~ ,:;. """,",-,="",,,,,,,,",.LoO- nld~ ~--- -.;'-~, ,~ U.~J.:lII"';- I. , .r"i~- ~ "I' .;"' ~0~ ;? tt-1:- .~ hh~ ~ ~ 9~6 z ~ ~ $1 ..0 ~ ~ c, ,,"' ",' n.. n ~ ~~ ~ej ;J;c") ~o )>c Z :.< c:, c:::> d "0 :::J ;'~1--n " .'nrTl ..,rJ (~ T -~JO --,' is-1i z~ ~ ~ :::.1: ~:;:..:~ -<: C" -0 .~ ~,.~ ~ o co -'~ -,,;,,'" i , ~- "~ ''" .' " "'- ._..,-)!-j.,-~ , F:\FILES\DA TAFILE\Gendoc,cur\! 0064-pra.21tde Created: 04118fOOlO:04:27AM Revised: 0513!/OOtO:!5:48AM . , AMY S. SMUTSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000- 3043 CNIL ACTION - LAW ROBERT F. SMUT SKY, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned matter as discontinued. MARTSON DEARDORFF WILLIAMS & OTTO Date: May 31, 2000 By ~~~ ,^,J);~ Thomas J. W Ii s, Esqwre Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff ~, - ~- ^ <<c ~ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 200 North Third Street Harrisburg, PA 17101 Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 MARTSON DEARDORFF WILLIAMS & OTTO ~;~J~jO. ~Aoad ricia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: May 31, 2000 " "'......_x.,, .r~"<~,,_-~~~~ ~i~~"~il~~~~~bS~~ , L " . liliiIi,' o~'lI~ -iIj-- =~'iIi - ,- , ,~ "",,,' ~ - .h..lL-~. ~. (') 0 0 C 0 on g ::JI: .-, ulJ:) rnr'f1 J:p i-fi72 ZI' -< z_., w -om (.f.l)..' :nC:7 ~z o,l. :<:0 -0 __tel -,--"Tt ~(') :x t5-:n );0 zO - "m C .. ~ ~ w ~ (Xl - ~-"''l!!i~" JUN 1 2 ZOO~ AMY s. SMUTSKY, Plaintiff . . IN THE OOURT OF OOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : vs. : CIVIL ACTION - LAW : NO. 00-3043 : ROBERT F. SMUTSKY, Defendant : : IN CUSTODY ORDER OF COORT AND NCm, this 6th day of June, 2000, the Conciliator, being advised by Plaintiff's counsel that this custody matter has been discontinued, hereby relinquishes jurisdiction in this case. The CUstody Conciliation COnference scheduled for June 15, 2000 is canceled. FOR THE OOURT, i2~f,~ Dawn S. unday, Esquire CUstody COnciliator !liWtiiililp--'~ "'~'liilOli~!cl:'Jl-_W!t!.fj.,.ilWI~~F~~ ~J'-'~lilid Jii11'.ill:i~,m~~~~~~i/Jl'.~'~"'~"""~"",,"_;,_~~A"_- _d'~' ,,;,, ""lliiIiiiil-llr" '__~ Iril!;H - 0 C C j -.t: C <::) ",1 s:: C- uCD c:: fnlTl Z . 'T! Z".. ',- ZC .r.:- '::S9 ~2: '-\ ! ~O ~ ,~, -0 ~jj~ ";i>........ :2: 2"-"- )> ()- '-:? c5m c z ,:;;. ~ :< --I -< ,