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Home My WebLink About00-03215 .~ i.,. HEATHER M. SMI1H PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA f!iji BARRYF. SMI1H DEFENDANT 00-3215 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 1st day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear befonMelissa P. Greevy, Esq. . the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 14th day of June ,2000, atlO:OOAM 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 illl provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Melissa P. Greevy. Esq. t/J 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 FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I I~ Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 l!!i --~~, ~ l- ctJ ~ -/ .V'# .~ -/-bJo j Il9I\1l1ll '" ..".$,1: l:\l\J}-\Jn:';o,:l()'\/iR'{ (~\c .'n-\\~ c~?n\\"{)\'{ .' "I' " o'~ 3.1".3 C\\J..\UH-\ If\" . .IIU'" cr'" I'''''' _.'''' ''- vv\'l." C'Jt<\B".'\'\$'\~. ."1\1\ p&\NS'{\'\!j-\l, M ~/11~ &;~5. 71~~ 'b~' ~~a4/ ~Mj~ .. . - ~ - . ,. ~ ~ ,.,.J'''IlII!!IIJlI~, ,"~ 'W"rn~l!I!!P>I-A'lt.;'ffi"m'W"w~'I"~~I,,"'Jtl,tL _ ~~ o~. " ~~~il!M\~fJI_~ ,= '" , ".""","'."--..;,, ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEATHER M. SMITH, Plaintiff v. NO. dtJ ~ '!;)J ~r;- civil Term . . BARRY F. SMITH, Defendant : : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at 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 the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: 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 FOR'l'H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEATHER M. SMITH, Plaintiff v. ,- NO. o-v - 321'S Civil Term BARRY F. SMITH, Defendant . . IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, HEATHER M. SMITH, by and through her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is HEATHER M. SMITH who currently resides at 1716 Creek Vista Drive, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is BARRY F. SMITH whose current address is 611 Reily Street, Harrisburg, Dauphin County, Pennsylvania. 3. The Plaintiff seeks primary physical and legal custody of the following child: ROSALAND JANE-MAREE SMITH, born September 14, 1999 4. The child was born in wedlock. 5. Plaintiff currently resides with her mother, step-father, and the minor child. ~ ", , - ~-"- , -~:~ - , 6. Defendant currently resides at the Bethesda Mission. 7. During the lifetime of the child, she has resided at the following addresses with the following persons: Time Address with Whom birth-ll/5/99 Charlotte, N.C. Plaintiff/Defendant 11/5/99-present 1716 Creek Vista Dr. New Cumberland, PA Plaintiff/Plaintiff's mother and step-father 8. The father of the child is BARRY F. SMITH. He is married to Plaintiff. 9. The mother of the child is HEATHER M. SMITH. She is married to Defendant. 10. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the child in t~s or any other Court, except as set forth above. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or in any other State. 12. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 13. Each parent whose parental rights to the child have not been terminated, and the persons who have physical custody of the ~.n~r_ child, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the minor child will be served by granting plaintiff primary physical and legal custody of ROSALAND. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary physical and legal custody of the minor child. Respectfully submitted, ~Esquire Legal Services, Inc. a Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for plaintiff fifM:!:i VERIFICATION I, HEATHER M. SMITH, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEATHER M. SMITH, Plaintiff . . : v. : NO. Civil Term BARRY F. SMITH, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2000 I served a true and correct copy of the foregoing Complaint in Custody on the Defendant, BARRY F. SMITH at the address set forth below, by placing a copy of same in the united States Mail, postage prepaid, certified/restricted delivery. Barry F. Smith 611 Reily Street Harrisburg, FA 17102 Respectfully submitted, Maryann urphy, Esquire Legal Services, Inc. S Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 0, ~ - - --- - ---~-- "w'"""""""""''DiII~i~~ r-,'O". .. ',' ,,., ",._ ,~" _ _,~"<,,,,",,, ,~Y <., IilJJiIjj~~Uil~~~ 11fil1J.""t';='f7"'lIIII1I~l! ~ "-'~ ,~-,,--- ,I, " ,""" 'H """.~' litl ~ ~ ' n' \-\ '\ -tl 0 C> () ~; C.;: " :?: :-:;2- -r-" C :D,ll ~. ?_J ITl I -< ., 7: ~~-~J ;'"\..,} lTl ~" ... :!_'> X (,") 'r 2i c:~- ., .J ;:, --n -n ~~ c -.-:... ('5 C: (.,) 25 rn C~ ::;:=: ':.J 'D! ~ 5:J -< "; , :-'H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW HEATHER M. SMITH, Plaintiff : NO. ClD-6~ \5 Civil Term v. : IN CUSTODY BARRY F. SMITH, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, HEATHER M. SMITH, Plaintiff, to proceed in forma pauperis. I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. k ,- "~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEATHER M. SMITH, Plaintiff : NO. 00 -:3 ;;( {.5 Civil Term v. : IN CUSTODY BARRY F. SMITH, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am HEATHER M. SMITH, Plaintiff in the above matter and because of my fmancial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: HEATHER M. SMITH Address: 1716 Creek Vista Dr.. New Cumberland. PA 17070 (b) Social Security Number: 164-68-7868 If you are presently employed, state Employer: Fairfield Inn Address: 175 Beacon Hill Blvd.. New Cumberland. PA Salary or wages per month: $1.258.00 Type of work: Customer services - :ilii:l!ll~~ If you are presently unemployed, state N/A Date oflast employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support (Wife)(Husband) Name: N / A (the parties are separated) If your (husband) (wife) is employed, state Employer: N/A " Salary or wages per month: N/A Type of work: N/A Contributions from children: -0- ( e) Property owned Cash: $2.00 Checking Account: -0- Savings Account: -0- Certificates of Deposit: -O- Real Estate (including home): -0- Motor vehicle: Make N/A Cost N/A Stocks; bonds: -0- Other: -0- Year N/A Amount owed N/A ,- ~ ~- (f) Debts and obligations Mortgage: Rent: -0- $500.00 Loans: $4.000.00 balance Monthly Expenses: $1270.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A . .. ,-' ., ,'J iIIIIIIlIm>"" Children, if any: Name: Rosaland Age: 7 months 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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. 4904, relating to unsworn falsification to authorities. Date: ,'Yd tj"OlJ ~. "J' *,dlWI. ~ -. d. I_~~., ~~ ...."""l~Ii!iIil~~f~.,~""ii<<~~iU~""-iJr ~1 ~- "q;J.t ~ "L" ,.I. . f~ rJ yo, '" '" . - .. n s; ~::..", -Cj "~I \.:.)~~ 'i ~]:-- ~if:" -;V'~~ :;::i -<: ~ C:/ o IIP--_ -~ ~,-"" ~~~ '1"'-" ,,- ,~ -""Ii- () ." '--':'':> --J ~_\_- -r1 ;-:'\:;:=: <.~--n ->~~ ;~:}~\ ~;~~ 5 '(jrn -; JO :=< -"'~ .....~ '..:? _.....) (}'\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW HEATHER M. SMITH, Plaintiff NO. 00-3215 Civil Term v. BARRY F. SMITH, Defendant IN CUSTODY o r; iP r>: I::) ~~. , '--,,~ C_) ORDER OF COURT r~::;,-~; :.:>> .-"",, g~, ~~) AND NOW, this ~ day of 2-.:: -.-< -< '. t" (Ji "i'~ -'~ J'lVl L R-o( ,2000, upon consideration of the attached Stipulation for Entry of a Custody Order, IT IS HEREBY ORDERED AND DECREED that custody of the minor child, ROSALAND JANE-MAREE SMITH, born September 14, 1999 is awarded as follows: I. MOTHER shall have primary physical and legal custody of the minor child. 2. FATHER shall visit with the minor child by mutual agreement of the parties. 3. MOTHER and FATHER shall share the holidays with the minor child. The specific times shall be agreed upon by the parents. 4. Neither parent shall remove the minor child from the Commonwealth of Pennsylvania without prior written agreement of the parents. 5. This Order of Court shall replace and supercede any existing prior Orders of Court or written agreements between the parties. 6. This Order of Court shall remain in full force and effect until further Order of Court. BY THE COURT: ,tI) ~ Jf}okl L, -XJ -00 RHg . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW HEATHER M. SMITH, Plaintiff NO. 00-3215 Civil Term v. BARRY F. SMITH, Defendant IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER The parties to this action, HEATHER M. SMITH (hereinafter referred to as "MOTHER"), and BARRY F. SMITH (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody with respect to the minor child: ROSALAND JANE-MAREE SMITH, born September 14,1999, hereby stipulate and agree to the entry of an Order of Court awarding custody of ROSA LAND as follows: 1. The parents agree that MOTHER shall have primary physical and legal custody of the minor child. 2. The parents agree that FATHER shall visit with the minor child by mutual agreement of the parties. 3. MOTHER and FATHER agree that they shall share the holidays with the minor child. The specific times shall be agreed upon by the parents. 4. MOTHER and FATHER agree that neither of them shall remove the minor child from the Commonwealth of Pennsylvania without prior written agreement of the parents. L'" ,,--" '- ,,--,'-',(,- ~-I i ! '., , ,- . 5. The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania for approval and for entry ofan Order awarding custody as set forth herein, and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. fi/bO ~/lL Witf)11!(j'Y[ Io-'-f-oo tlJ"~~ ATHER . S TH Date ~""liil..~ . ., ,"~,b .~ ,", _"0,_..__, ." ...i....,~" ~~':'".~.lliE!-'jj~Jii~Ii"~l'i;jM@i'i!";l1aW!QMIi!II_!lliidlWilJll~k.." -.. -"-' .... .. , C') f..:.: C C:] :;>.~ "lJ ,f) r'-~ rn li-; ? ::r: "--- ...-::: l.". (j~ C-, , C) ~ t.._: ?~ " d'~ r'" . ."( ~ .c:::,~ ,~-', -;'" {') 5'; c:: ' ---~ r--; ! ,~ ,_.J ~ '''".) ~~ .< -." ...< , ~ ,~,~-"", ,',~ . . 1 , ~" '.'0" iIiiftIIIIiL, JUN 1 9 2000M HEATHER M. SMITH Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3215 Civil Action - Law BARRY F. SMITH Defendant. In Custody ORDER OF COURT AND NOW, this 14th day of June, 2000, the Conciliator, being advised by Plaintiffs counsel that all custody issues have been resolved by Stipulation ofthe parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for June 14, 2000 is canceled. FOR THE COURT, Melissa Peel Greevy, Esquire Custody Conciliator ~ f' ,,:,y ~ .00 U'F' V,9 ~ .~' ~~ .' . L . ?'- ~h, ,~" - ~ -.. . ~ ~~~ ~:'r 'I f':; ,,~ ~, f"\ !~. . 7\,,' .tri '-\,..", ,; ~"'~' ,,"' 'i.. " , ')'r~ . / 'Ii. " , ,JMfllllllll,llI", J~I..~"~.",,,""~~~"~~, ~ , :o~ C:> ~ <::J ~m ?:: ::;j :;1j :;e rh7J Ct>!i r\) -...J .Q~ rs6 f~ ';:" " 8:d ~8 ::J: w i5'M ~ " - $ (Jl -< , t J~. . ;t 'J,:':, I" e,:",~lfWj!~.'i