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Home My WebLink About00-03302 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-1, ,,~ . .-,-. . . . . . . IN THE COURT OF GOMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. THERESA Y. SMELTZER No. 00-3302 VERSUS KEVIN J. SMELTZER DECREE IN DIVORCE AND NOW, ~~ .;t- .}: /0 I'~ . ;04')- , IT IS ORDERED AND DECREED THAT Theresa Y. Smeltzer , PLAINTIFF, AND Kevin J. Smeltzer , 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; . . . . . . The terms of the parties' Marital Settlement Agreement dated August 16, 2002, . . . . and "ttached t not merged herewith. B ATIEST (7~% PROTHONOTARY . ,~ - . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . . . . ~~,' .,." -~.., ~- :-1,'" " <.,,~,,"!~ "^ ~-. """"-- /2, 4 t/,;J30;;; &,;!_;p~,~ 'i; ~y< 1;)3',;;7,;;2 n~~2 atf.d~ ,'!- ""T'""'""~~"'t~'~'1l~" r ~ ~"""..["',."""""~~..",~=,,,~" ~ "i~!f!!'WIII~~IIWl'1l~ J'_I , , ~.\C _ _, "'Iii!i", \\Ntserver\ntserver\R&A Family Law\Client Directory\Smeltzer, Kevin\MaritaI Settlement Agreement #5.wpd August 16, 2002 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this \ lJ:> day of ~ 2002, by and between THERESA Y. SMELTZER (hereinafter "WIFE") and KEVIN J. SMELTZER, (hereinafter "HUSBAND"); W I TN E SSE T H: WHEREAS, the parties hereto were married on May 7, 1988 ; and WHEREAS, the parties have one (1) child of this marriage, namely Joshua A. Smeltzer, date of birth August 1, 1995; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: -' "-, c " ~ ilL.:!";:; \\Ntserver\ntserver\R&A Family Law\Client Directory\Smeltzer, Kevin\M.arital Settlement Agreement #5.wpd August 16, 2002 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties. WIFE is unrepresented. HUSBAND is represented by Joanne Harrison Clough, Esquire, of Reager & Adler, P.e. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 00-3302 on May 30, 2000. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. Page 2 of 12 - .,_.. ,...--, :' ;':'- """-,,,~; ;.~1',;_ ~ ""'!j.'j \\Ntserver\ntserver\R&A Family Law\Client Directory\Smeltzer, Kevin\M:arital Settlement Agreement #5. wpd August 16, 2002 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or" execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all. rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country, Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. Page 3 of 12 J" -, __'c..',_.c_, ""-' ,~ , L~iJJ; \\Ntserver\ntserver\R&A Family Law\Client Directory\Smeltzer, Kevin\Marital Settlement Agreement #5. wpd August 16, 2002 5, FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/ she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATIONjNON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property which consists of a camping site in North Carolina which is currently listed for sale. The parties specifically agree to cooperate in the sale of this camp site and to use any proceeds from the sale of said property to pay the Page 4 of 12 " -' .. '"- ':';'~"""- -'.. !~::t',i \\Ntserver\ntserver\R&A Family Law\Client Directory\Smeltzer, Kevin\Marital Settlement Agreement #5. wpd August 16, 2002 maintenance fees and other expenses associated with this property. If there are any remaining proceeds from the sale of this property, the parties agree to divide said sum equally. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND hereby waives his right, title and interest to and of WIFE's pension and! or retirement and any and all other retirement benefits of WIFE and WIFE hereby waives her right, title and interest to any pension and! or retirement and any and all other retirement benefits of HUSBAND. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said Page 5 of 12 " ',:." --"'-"',-"" ,L, \\Ntserver\ntserver\R&A Family Law\Client DiIectory\Smeltzer, Kevin\lv.[arital Settlement Agreement #5.wpd August 16, 2002 benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 12. LIFE INSURANCE. HUSBAND and WIFE acknowledge that HUSBAND currently has a term life insurance policy through ACEC Life/Health Trust underwritten by Trustmark, Group Number 15852 with a face value of $ 50,000.00. WIFE currently has a term life insurance policy through UNUM, Policy No. 388270 with a value of $54,000.00 and a UL insurance policy through Acordia with an unknown value. WIFE HUSBAND and WIFE hereby specifically agr(':e to each maintain these life insurance policies until the parties' child reaches the age of 21 as long as said policies remain available to each spouse. HUSBAND and WIFE agree to Page 6 of 12 , ,~<--." , '0"- ...........,,',; \\Ntserver\ntserver\R&A Family Law\Client Directory\Smeltzer, Kevin\Marital Settlement Agreement #5.wpd August 16, 2002 name the parties' child Joshua as the irrevocable beneficiary on his or her life insurance policy and agree to make all premium payments on said policy until Joshua reaches age 21. HUSBAND and WIFE agree to provide the other with proof that the insurance policy is being maintained with the child named as irrevocable beneficiaries within ten (10) days of a request to do so. 13. CHILD'S COLLEGE EDUCATION. The parties mutually agree that HUSBAND and WIFE shall each contribute to Joshua's post secondary education, should Joshua decide to continue his education and go to college. Each party shall contribute to said education as he or she deems appropriate. The parties specifically agree that HUSBAND, WIFE and Joshua must agree to the college Joshua attends or the obligations to contribute to said college cost is deemed void. 14. JOSHUA'S HEALTH INSURANCE COVERAGE. The parties mutually agree that HUSBAND will payor provide adequate health insurance coverage for Joshua until Joshua reaches the age of 18 or, unless he is a full-time student, age 21 as long as said insurance continues to be available through the HUSBAND's or the WIFE's employment. Insurance coverage will be comparable to the insurance Joshua is currently covered under at the time of the execution of this Agreement. 15. VEHICLES. HUSBAND and WIFE specifically agree that WIFE shall retain the 1996 Dodge Caravan as her sole and exclusive property and HUSBAND shall retain the 1994 GMC truck as his sole Page 7 of 12 ",1,- ." ,,- _J- '~ '-n,- ~ . ., '..,<.1 .1 ;1 .1 I II I ! \\Ntserver\ntserver\R&A Family Law\Client Directory\Smeltzer, Kevin\Marital Settlement Agreement #5. wpd August 16, 2002 and exclusive property. Each party waives any right, title, claim or interest in the vehicle transferred to the other party as set forth above. Each party agrees to sign any documents that may be necessary to effect said vehicle transfers. 16. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that partyfor the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 17. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek Page 8 of 12 "i~1 '" ~ -- ,,-- r', '. ,-r "~, )<.,,'r C'~-' ,0.;,,- .0','" '-, \\Ntserver\ntserver\R&A Family Law\Client Directory\Smeltzer, Kevin\Marital Settlement Agreement #5. wpd August 16, 2002 modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 18. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 19. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the . nonbreaching party in protecting and enforcing his or her rights under this Agreement. 20. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; Page 9 of 12 jllklii~",. \\Ntserver\ntserver\R&A Family Law\Client Directory\Smeltzer, Kevin\Marital Settlement Agreement #5.wpd August 16, 2002 (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 21, MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 22. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 23. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Page 10 of 12 ~, ~.~ .-"l..,. ~_W.<,:c . \\Ntserver\ntserver\R&A Family Law\Client Directory\Smeltzer, Kevin\Marital Settlement Agreement #5.wpd August 16, 2002 25. CONTRACT INTERPRETATION, For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. V' ~ l/IJ 11a~ WI ess ~ YIf. /{~ Wi ess Page 11 of 12 " ,,,,,,)- -- -," -~--,' . \\Ntserver\ntserver\R&A Family Law\Client Directory\Smeltzer, Kevin\Marital Settlement Agreement #5.wpd August 16, 2002 COMMONWEALTH OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND On the /h'-lf day of till. j;!;;:<2+ , 2002, before me, a Notary Public in and for the Commonwealth of 'ennsylvania, the undesigned officer, personally appeared, known to me (or satisfactory proven) to be THERESA Y. SMELTZER, one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTAFlIALSEAL 6./JJMJuU! T&4A~ CASSANDRA T, ROSENBAUM, NolaIy Public . ' Camp Hill Bora, Cumbertand County Notary Public . / My Commission Expires December 4,2004 My Commission Expires: fa( Y I tf t/ COMMONWEALTH OF COUNTY OF ~f.6,A{.d On the / b-1:!::.. day of a L i(u,;;f , 2002, before me, a Notary Public in and for the Commonwealth of ennsylvania, the undesigned officer, personally appeared, known to me (or satisfactory proven) to be KEVIN J. SMELTZER, one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. :58. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTARIAL SEAL CASSANDRA T, ROSENBAUM, Notary PublIc Camp Hili Bore, Cumbertand County My Commission Expires December 4, 2004 ~~~ Notary Public My Commission Expires: l::r! "1:1 0 '-I Page 12 of 12 ..,. ~jM,,~-""-'-":&lliiIiIilii.m..- ~'''-~~m~.lr- ~<,' ~ ,'_, ,'0, ~o""~ ''''.~" ,~1_ "" "'~ r",", '." ~' W',".:-'.~" ".~, ,," _ ,~_ "'"'-illlliilItIil~1liiI!It . . -,~' ~'," ~, < '"' n c 'S-., -o~:::;' rY\f' -?,..,. ZC- (J)_,--:: -</..:., r~C) ~r;C) ~Cl PC: ~ , ~, C""} i'v C1 on f"f1 "0 .-.~ o ~_::~~ - ~,~-- ~",~;~ ~~?I _~:'r:-.\ ':~~~~'fl u -^, 5J =< ;,:,,;;0 :.[;.. ::> tv iii" , , /In,,, .' , THERESA Y. SMELTZER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO, 00-3302 Civil Action - Law v. KEVIN J. SMELTZER, : IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: L Ground for divorce: Irretrievable breakdown under ~ 3301(c) ofthe Divorce Code, 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 121h day of June, 2000 by signing an Acceptance of Service, Acceptance of Service was filed with the court on June 15, 2000. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Theresa Jean Smeltzer, Plaintiff, on August 16,2002; by Kevin J. Smeltzer, Defendant, on August 16,2002. 4. Related claims pending: Settled by Agreement dated August 16,2002. j...;1 "0. ~';:;i:~y,~ 5, Date Plaintiffs Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: August 20, 2002 Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: August 20, 2002 Res ectfully submitted, RE GER & ADLER, PC Date: 1- q..r 01-- By: Jo e Harrison Clough, Esq I,D. No, 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No, (717) 763-1383 Attorneys for Defendant ~';-',-,,'''-' .'- co- .~ 'uilnf[( -,. "~ ^~ _~dc_._~ ~,~ ~ ~~_,m~~'_.",,' ~ -,-. ..:...."~_'I....""..~,,-~-, M . _.~' ':'~"~IIlIilllW=.__ ~~idI:' -0;"__ ~b..~ . (') ~ <. vl'b nL!n! ""7_,., .c....... ~-,._, m~~; -<r::'" , ~I....' ,~ d?:.l-~~ Z' --0 ;P'C '7" ~ -"' ., ..~~.'., o N U) i'T1 '"0 () " e -j.,,' _: rJ ~-~~ ~~ =-2~;~ o' ):~ IJ -< ~:: _:". .:::> r" , ~W!~ ....... r II' i THERESA Y. SMELTZER PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN J. SMELTZER DEFENDANT 00-3302 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 lOS, Camp Hill, PA 17011 on the 20th day of June ,2000, at11:1SAM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or Ii!' 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 Melissa P. Greevy. Esq. tfJ 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 ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I'll Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t>j.m t./-tPtf /, fa; " ~ -". ~ __.. _ ,'"'""_-_" r_ :,'__~ o_~ -.~ ~~ ~,' ~'~" .~,"" O~ Fll(G~OfF\CE nC'i1\,1^' i01l>.H'i r ,>'_..' ,. l..}l" 00 JUN - \ PH 3: L,2 C\JMBERlJ>ND couNi'l PENNSYLVANIA - !Ue~/H~~~~ W~_~ ~:ff- ~~ ~.4~ , -' _JIoIl _".~..ellIU!\!!!'!!lU_'ffi!!!IllIll-'llati _ .- '" , ~ ~ i -" ....~.~, , , , , THERESA Y. SMELTZER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL V ANlA v. :C~ ACTION - LAW :CUSTODYMSITATION :NO. J.HJ-V - ~ 3o~ ~ KEVIN J. SMELTZER, Defendant 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. 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: Custody Conciliator 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 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 TIDS 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, P A 17013 (717) 249-3166 ~-"~-n "'r.~"~ """"'. > tM;' THERESA Y. SMELTZER, , Plaintiff v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY KEVIN J. SMELTZER, Defendant :NO. NOTICE TO DEFEND AND CLAIM RIGHTS 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 of divorce or annulment may be entered against you by the court. A judgment may also be entered against 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 the 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 at: Office ofthe Prothonotary Cumberland County Court House I Courthouse Square 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 TIDS 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, P A 17013 (717) 249-3166 (800) 990-9108 A" -'I - ..~ ~-. .~'''''''''~f"' THERESA Y. SMELTZER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY :NO. 02cnrv - 330.2 6;;J ~ KEVIN J. SMELTZER, Defendant COMPLAINT AND NOW comes the Plaintiff, Theresa Y. Smeltzer, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Theresa Y. Smeltzer, is an adult individual residing at 5614 Moreland Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Kevin J. Smeltzer, is an adult individual temporarily residing at 528 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on May 7, 1988, in Washington, D.C. 5. Plaintiff and Defendant separated on April 13, 2000. 1>.:;,1 ._, L . . ''f,'' 6. There have been no prior actions in divorce or for annulment between the parties other than the original complaint filed at this docket number. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 9. The averments contained in Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiffs marriage to Defendant is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. SS330l(c) or (d), Plaintiff, Theresa Y. Smeltzer, respectfully requests the Court to enter a Decree of Divorce. 2 .,1 , , ~- .-~ ~ IlWt.:o COUNT II CUSTODY, PARTIAL CUSTODY AND VISITATION 12. The averments contained in Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 13. Plaintiff seeks primary physical and joint legal custody of the following child: Name Date of Birth Residence Joshua A. Smeltzer 8-1-95 Mother The Child was not born out of wedlock. Plaintiff has had primary physical custody of the Child at the marital residence since the parties separation, 14. During the past five years, the child has resided at the following addresses with the individuals indicated: Persons living with children Plaintiff and Defendant Address 5614 Moreland Court Mechanicsburg, P A 17055 Dates 3/00 - Present Plaintiff and Defendant 1459 Hillcrest Court Camp Hill, P A 17011 4/99 - 3/00 Plaintiff and Defendant 3504 Northway Drive Zebulon, NC 27597 6/96 - 4/99 Plaintiff and Defendant 709 Beddingfield Drive Knightdale, NC 27545 Birth - 6/96 3 ,-~" ~ ~",- .... 15. Plaintiff is the Mother of the child and she currently resides only with the child at the marital residence. Defendant is the Father of the child and, upon information and belief, currently resides alone. 16. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 17. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff has been the child's primary care taker since his birth. 18. Each parent whose parental rights to the child have not been terminated have been named as parties to this action. WHEREFORE, Plaintiff requests that the Court grant her primary physical custody and joint legal custody of the parties' minor child. 4 "",,"llJl'"~~'-"''''' ~""- ~ ~..... _ M~-""'~~~-.",,'_ COUNT II EQUITABLE DISTRIBUTION 18. The averments contained in Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code, 20. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 21. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff, Theresa Y. Smeltzer, respectfully requests the Court to divide all marital property equitably between the parties. 5 '>i; COUNT m REQUEST FORALDdONY 22. The averments contained in Paragraphs I through 8 of this Complaint are incorporated herein by reference as though set forth in full. 23. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 24. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage. WHEREFORE, Plaintiff, Theresa Y. Smeltzer, respectfully requests the Court to enter an award of alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 25. The averments contained in Paragraphs I through 8 of this Complaint are incorporated herein by reference as though set forth in full. 26. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 27. Plaintiff is employed, but she is unable to sustain herself during the course ofthis litigation. 6 ,,,- ... ~ ~ ~ ~ """"',Ii.;,;,,-,[,, . WHEREFORE, Plaintiff, Theresa Y. Smeltzer, respectfully requests the Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. DATED: S);}-3/CO Respectfully submitted, of Counsel ~ BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, P A 171 08 (717) 233-7691 7 ,,~ VERIFICA TION --= -- i.~ . I, Theresa Y. Smeltzer, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to auth . ies. DATED: S j)1jO() . - - ~~~'''';:~Ai ~ . THERESA Y. SMEL1ZER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff : NO, 00-3302 Civil Action - Law v, KEVIN J. SMEL1ZER, : IN DIVORCE Defendant AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 330 I ( c) of the Divorce Code was filed on May 30, 2000, 2, The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree, 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, n,,,, !lv1 ( (PI Zoo 2- "', ,', tl!IKl - '1l.1- '. ,~, "< ,.~,,~- ~ -"~ -......- ",,.,< '"~-, __-~ u_~1 ~ ^'. ",- "'~ " - ~., ~_."'""""'" . " ~. ~ .~ -'- 1II(jI~lt . ~"- ,', "r"~ ...- " --- " 0 G () C r~,J <::-" ~n -OU.:; b --.! rlJ.,- . 2f5 ;:..f zi,"; - -2::::-- f'0 - to ~;;:: C;) \.,.' ~~) ~""_J , d;':C", .-) "n i:~5 ~~5'~;: 1~5 -, Iii ~ ~ Z :11 ,-- --; :0 -< .", -, -, l_ -..~ ~M~;,,:,J - THERESA Y. SMELlZER, : IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ; NO, 00-3302 Civil Action - Law v. KEVIN 1. SMELlZER, ; IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal 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 innnediately 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. ~ 4904 relating to unsworn falsification to authorities. DATE: !--/0 ---6.2. ""',""'" ~ ~'ilIlIHi!rtii~M!IMllllliii.llN!ifjilljlfW1lll/lW~I~~ "'"M"'" - '"--',,'~c-":Birig"~-'~ - '~iwl;!Iflj~ijlilllliili ,; -~"'Yl_ d' (') ~. '-' ',_J C ,,) -1'1 ~:: ~ -0 ff (Tl :;J Z Ci .- z: I') 'T\ (J) (;:) ~? ~. r ("-, <- -0 , j;: ,- 2.:~.J ~_o:f C) )> ;::;"l ,........) cS fTl Z; :n 5;'~ :? ..,-! ::D , -< """",,"Ve_,. ~ .. , , THERESA Y. SMELTZER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 00-3302 Civil Action - Law v, KEVIN J. SMELTZER, : IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 ( c) of the Divorce Code was fIled on May 30, 2000, 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 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. Date: j...-I &'---6 J- v I ~, . - - ( , TIlERESA Y. SMELTZER, : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 00-3302 Civil Action - Law v, KEVIN J. SMELTZER, : IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) 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 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 irrunediately 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. ~ 4904 relating to unsworn falsification to authorities. DAlE: 4vt !~/ ZO()2,-- '" '.', }" """'...~- 7,. 'iMIIM ~ ~'iIfj~~~~C "^ ,'Y '."'_""""__.",~,,,~_,~,~, ",:"_"_I_~">V:"<-, <_ ,._, ~~ e',' -J:;dO' - i1ii~ ~'",j' ..... "';ld ~- o ~; ......t;:;..' n":{r-~"-', :z: :J~ Zr (f) .,C i~ z :;! " '-' '<.- " 'I .. c::; C'"J "'" '~;5 0,,) <::) '~.J -'q 'G "i~ ,--, .. ~-< ::p i;~ri ~o -c N :.n '-J r ,,=,~ THERESA Y. SMELTZER, Plaintiff v. KEVIN J. SMELTZER, Defendant ,. ';'" 'd.~,> t( '.( " :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY :NO. 00-3302 ACCEPTANCE OF SERVICE I, Kevin J. Smeltzer, hereby accept service of the divorce and custody complaint filed in the above-captioned matter. DAlED: It 12/00 L - ." " ,.," , , '" , . I,~. "r&.~ " oi....' " \;' ~ . JUN 2 6 20~ THERESA Y. SMELTZER: Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No, 00-3302 Civil Action - Law KEVIN J. SMELTZER, Defendant. IN CUSTODY ORDER OF COURT AND NOW, this clg~ day of ~. Q , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Kevin J, Smeltzer, and Mother, Theresa y, Smeltzer, shall have shared legal custody of the child, Joshua A. Smeltzer. 2. Mother shall have primary physical custody of the child, Father shall have visitation with the child, Father's visitation with the Child shall be supervised by another adult acceptable to Mother until such time as the parties agree that Father's visitation can be unsupervised, 3. Father's visitation shall be as follows: a. Weekday visitation: Father shall have the option of visiting the child two evenings during the week between the hours of 4:30 p.m. and 8:00 p,m. b. Weekend visitation: Father shall have the option of visiting the child every other weekend. Father shall give Mother reasonable notice in the event that he elects not to exercise his right to visitation for any particular weekend. c. Holidays: Father and Mother shall mutually agree on Father's visitation for the Holidays. d. In addition to the times set forth above, Father may have physical custody of the child at such other times as Father and Mother may from time to time agree, 4. The parties agree that this Order is temporary in nature, particularly with regard to the provisions requiring supervision of Father's visits, and may be modified upon petition or by agreement of the parties, ,( {". ~., " Distribution: Elizabeth Beckley, Esquire P.O, 60x 11998 Harrisbur9, PA 17108 Kevin J. Smeltzer 528 Bosler Avenue Lemoyne, PA 17043 "' BY~ t.opW 4YlJul /r;- 2~.OO "R KS - ~" '_0 '-~_ ~"jj , J. I I i' " , """1m ",,' . ~ -" _~ _~~, ~1mI!'P!~. ,~-llI!'" '_>'_'." '_'=Oh FlLED--OfFICE OF TP',.:' prl\....,'"~,'h'h:,....,'^RV ,- )." " ,j' ,,-.';"l0!l" I 00 JUN 28 AM 8: 29, CUMeERLAND COUNTY PENNSYLVANIA "'_""r..f!IIil!'!',J;'lIfr~/lolIMl!>;"""~~I!I!lIlII!_ ~!llI"1"O ,~ " 01 ~' " ~...w. ~"" .--iI"'W'4-" ~. , " JUN 2 6 lOf .:" ,- THERESA Y. SMELTZER: Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No, 00-3302 Civil Action - Law KEVIN J. SMELTZER, Defendant. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT 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 Joshua A. Smeltzer August 1, 1995 Mother tj~_~ Date ~ ~ ~ I I , i , ~ i I I I ! ~ f , 1, A Conciliation Conference was held on June 20, 2000 with the following individuals present: Father, who is Pro Se; Mother, Theresa Y. Smeltzer and her counsel, Elizabeth S. Beckley, Esquire, 2, The parties agreed to the entry of an Order in the form as attached. L Meli Peel Greevy, Esquire Custody Conciliator -.. ""~ ,~"~ "~; THERESA Y. SMELTZER PLAINTIFF V, KEVIN J. SMELTZER DEFENDANT IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 00-3302 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 29 day ofEPTEMBE ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp HiU, PA 17011 on the 25TH day of OCTOBER , 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 TIIE COURT, By: Isl Melissa P. Greevy. 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 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 - .-- - --.- _, k" '-M,.__'_' -.'__"L_l~'^," '-=~-~"~""~.'Y"-~-"'''''''''iK_''_'~''_'', r"- ',' ,./1- ,:'i . ';',~_l. >-"'X.JT/lcfI( UO OCT -. ;;, ~ Nt 3: n8 CUMq~'['1 ", pEN;\jsV&fiv~UNTY /O~a) 6cl~ ~ Z 4~, jtJ;;( - t96 '71~ /11~ ~ ~ rAh-'d. /O-;J, -tr) ~ /11~ ~ 4 ~7 - ,,40"~-=" ,..~~. ~"!l"'in~'I!Il~- JOlIfiW~~~~~~llW'+JlI!i'~^,~~ _"~ _]".r:~ . _~_,... - ~ - ',J 1&(,: THERESA Y. SMELTZER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PlaintifflRespondent : NO. 00-3302 Civil Action - Law v. KEVIN J. SMELTZER, : IN CUSTODY DefendantJPetitioner ORDER OF COURT AND NOW, upon consideration of the attached Petition for Modification of Custody Order, it is hereby directed that the pmties and their respective counsel appear before Esquire, Conciliator, at , on the _ day of 2000, at _ .m., for a 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 the entry of a temporary or permanent Order. FOR THE COURT DATED: By: Custody Conciliator 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 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 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 -<-- ~ '''"-- "'".........~n::;' REAGER, ADLER & COGNETTI, P.C. By: LINUS E. FENICLE, ESQUIRE Attorney J.D. No, 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorney for Defendant/Petitioner THERESA Y. SMELTZER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PlaintifflRespondent : NO. 00-3302 Civil Action - Law v. KEVIN J. SMELTZER, : IN CUSTODY DefendantlPetitioner PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Petitioner, Kevin 1. Smeltzer, by and through his attorneys, Reager, Adler & Cognetti, P.C., and petitions this Court as follows: 1. On June 28,2000, an Order of Court was entered with regard to custody and visitation of the parties' minor child, Joshua A. Smeltzer. A true and correct copy of said Order is attached hereto as Exhibit A. 2. Pursuant to said Order, Petitioner has certain rights as follows: a. Petitioner has shared legal custody of the minor child; b. Petitioner shall have supervised visitation as directed in the Order. 3. This Order should be modified because: a. The rights of Petitioner pursuant to said Order are severely limited. -J- .~ <. ~-""='L; b. There is no basis for Petitioner not having rights of unsupervised visitation and partial custody of his son as opposed to being granted only limited supervised visitation. c. Respondent has not been allowing Petitioner the rights of visitation as provided in said Order and, in addition, Respondent has not allowed any rights for Petitioner to have physical custody his son. d. Paragraph 4 of said Order provides that the parties agree that this Order is temporary in nature, particularly with regard to the provisions requiring the supervision of Father's visits, and may be modified upon petition or agreement of the parties. 4. Petitioner believes and, therefore, avers that the Court should grant him shared physical custody and unsupervised visitation of the parties' minor child. WHEREFORE, Petitioner requests that this Honorable Court modify the existing Order and grant him shared physical custody and unsupervised visitation of the parties' minor child because it will be in the best interest of the child. Respectfully submitted, Dated: 9pbj?Z;; LINUS E. FENICLE, ESQUIRE Attorney J.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for DefendantJPetitioner ~, .1 . "~o _'___&'; /-- JUN 2 6 20~ THERESA Y. SMELTZER: Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No, 00-3302 Civil Action - Law KEVIN J. SMELTZER, Defendant. IN CUSTODY ORDER OF COURT AND NOW. this d)gfh day of ~ ' 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Kevin J. Smeltzer, and Mother, Theresa Y. Smeltzer, shall have shared legal custody of the child, Joshua A. Smeltzer. 2, Mother shall have primary physical custody of the child. Father shall have visitation with the child. Father's visitation with the Child shall be supervised by another adult acceptable to Mother until such time as the parties agree that Father's visitation can be unsupervised. 3. Father's visitation shall be as follows: a. Weekday visitation: Father shall have the option of visiting the child two evenings during the week between the hours of 4:30 p.m. and 8:00 p.m, b. Weekend visitation: Father shall have the option of visiting the child every other weekend. Father shall give Mother reasonable notice in the event that he elects not to exercise his right to visitation for any particular weekend. c. Holidays: Father and Mother shall mutually agree on Father's visitation for the Holidays, d. In addition to the times set forth above, Father may have physical custody of the child at such other times as Father and Mother may from time to time agree, 4. The parties agree that this Order is temporary in nature, particularly with regard to the provisions requiring supervision of Father's visits, and may be modified upon petition or by agreement of the parties. .-."~~ (~ Distribution: Elizabeth Beckley, Esquire P.O. Box 11998 Harrisburg, PA 17108 Kevin J. Smeltzer 528 Bosler Avenue Lemoyne, PA 17043 -- ~- . '~ ~, ^~L,j r BY~' J, t.opW> 4flall ~. :1"<;1-00 "R K3 rAVE COpy FROM RECORD in Testimony wl1er&11, i /k,)(ll llrltli sr.! my hand :;nd th6 3<Jai of said GOll <it C;;:rHsf3, Fa. Ti1iL.lI~y (if JNQ.r~ _::2o-vv >H.. tz. I . , ~"9 Prothonotarf . , ."" - L ~ _. lIllllllUiil ,.'tlht<1'1Iitt!~_ ,- r ~ f JUN 2 6 lOr THERESA Y. SMELTZER: Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, No. 00-3302 Civil Action - Law KEVIN J. SMELTZER, Defendant. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT 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 Joshua A. Smeltzer August 1, 1995 Mother 1. A Conciliation Conference was held on June 20, 2000 with the following individuals present: Father, who is Pro Se; Mother, Theresa Y. Smeltzer and her counsel, Elizabeth S. Beckley, Esquire. 2. The parties agreed to the entry of an Order in the form as attached. ~v-z) . D te ~ L Meli Peel Greevy, Esquire Custody Conciliator ~~= '" . ~ "~' " - U'~-~ lit", VERIFICATION I, Kevin 1. Smeltzer, hereby verify that the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 94904, relating to unsworn falsification to authorities, Date: 7/#~ '1-%-200'0 . k -. ~ '. CERTIFICATE OF SERVICE AND NOW, this OIl1J'IfJ day of September, 2000, I hereby verify that I have caused a true and correct copy of the foregoing PETITION FOR MODIFICATION OF CUSTODY ORDER to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Elizabeth S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 LINUS E. FENICLE, ESQUIRE ~ " ~ , ~ ",-,-.- '. '&1' 'i-~ NOV 6 2000.. /'f ~ THERESA Y. SMELTZER: Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-3302 Civil Action - Law KEVIN J. SMELTZER, Defendant. IN CUSTODY ORDER OF COURT '7 ~ t-J I,a., AND NOW, this day of ...c. ,2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Kevin J. Smeltzer, and Mother, Theresa y, Smeltzer, shall have shared legal custody of the child, Joshua A. Smeltzer, born August 1, 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. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of a reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the child's education and activities as fully as possible. 2. Mother shall have primary physical custody of the child, Father shall have partial custody. 3. Father's partial custody schedule shall be as follows: a. On November 2, 2000 Father shall have the supervised visit at the YWCA in Carlisle, which was arranged prior to the Conciliation Conference, - " " . -, I .1;_ No, 00-3302 b. Weekend visitation: Father shall have weekend custody from 8:00 a,m. Saturday November 18, 2000 until 7:00 p,m. Sunday November 19, 2000, which he shall exercise at the home of his sister or either of his parents. Commencing December 9, 2000 and alternating weekends thereafter Father shall have custody from Friday after school until Sunday at 7:00 p.m, c. Weekday custody: On November 7, 2000 and November 9, 2000 and until this Order is received by the parties, Father shall have partial custody from 6:00 p,m. until 8:00 p,m, Tuesday and Thursdays on alternating weeks. Once the Order is received, Father shall have custody from 5:00 p.m. until 7:30 p,m. on Tuesdays and Thursdays during the week prior to Mother's custodial weekend, Commencing November 14, 2000, on the weeks prior to Father's custodial weekend, Father shall have custody from 5:00 p.m. until 8:00 p,m. on Tuesday evenings. d, Holidays: Unless otherwise agreed, Father shall have custody for Thanksgiving on November 25, 2000 and November 26, 2000, For Christmas 2000, unless otherwise agreed, Father shall have custody from December 22, 2000 at 6:00 p,m, until December 24, 2000 at 4:00 p,m, Custody for Mother's Day shall be with Mother. Father's Day Custody shall be with Father. Other holidays and birthdays shall be shared as equitably as possible, as the parties may mutually agree, e, In addition to the times set forth above, Father may have physical custody of the child at such other times as Father and Mother may from time to time agree. 4, The parties shall work cooperatively with the child's therapist, Michael Cline, to assist the minor child in adjusting to the present circumstances. 5, The parties agree that this Order is temporary in nature, and may be modified upon petition or by agreement of the parties. B J. Distribution: Elizabeth Beckley, Esquire P,O. Box 11998 Harrisburg, PA 17108 Linus E. Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011 Edward E. Guido ~ ~ iY]ciJJ- II-~'OO RK~ _ ~ .._..~k... 0[-:: -;"1-":' -C;.-"fi'CE ~.::-r'-"'';TL!''~i-\F()'-l'^ RV , < " ' ,~)I", If;,1 I DO ~!O\l - 7 ANID::l4 CU',",'[:';;[;! l,.'"'' ('0' 'N't"\l 'jL'....II;...r-i\!1..J v U Ii PENNSYLVANIA MN'lJIIMf<< ,,,,~~,,,~~~~"""~mmlIllllWiim~~~Iffiiii(~!l,__., . , "- ~ ~" -- - THERESA Y. SMELTZER: Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-3302 Civil Action - Law KEVIN J. SMELTZER, Defendant. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 Joshua A. Smeltzer August 1, 1995 Mother 2, A Conciliation Conference was held on October 30,2000 with the following individuals present: Father, Kevin J, Smeltzer and his counsel Linus E. Fenicle; Mother Theresa Y. Smeltzer, and her counsel, Elizabeth S. Beckley, Esquire. 3. The parties agreed to the entry of an Order in the form as attached, 1f0/d2Ayn) Date Q ~J~C--;~(j ,/ elissa Peel Greevy, Esquire Custody Conciliator - ad ~ ~~~ . . .... . THERESA Y. SMELTZER, Plaintiff : IN THE COURT OF COMlVION PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 00-3302 Civil Action - Law v. KEVIN J. SMELTZER, : IN DIVORCE Defendant PRAECIPE FOR WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record on behalf of Plaintiff, Theresa Y. Smeltzer in this action. Respectfully Submitted, Date: S",-~ By: a~ Beckley & Madden Cranberry Court 212 North Third Street PO Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance pro se to represent myself in the above captioned action. Date: f/)f/oJ- _ ~~'" "'''''~ "'" ~, F_, -",=, ''', ,_, - ...., ,,0 ,~. 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