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Home My WebLink About98-01055 DELYNN HARLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND OOUN~~, PENNSYLVANIA vs. : NO. 98-1055 CIVIL TERM RICHARD AND SHARON HARRIS and CHRISTIAN SMITH, Defendants . . CIVIL ACTION - LAW and . . ARLIN AND SHARON SMITH, Intervenors : Kayla Noel Harley June 18, 1996 Mother CUSTODY PRIOO JUDGE: Edgar B. Bayley CUSTODY cx:tiCILIATIOO SlftlARY REPOOT IN Acxnull\NCE WITfI ctIlBERLAND CXXJNTY RULE OF CIVIL l'~ 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 Dl\TE OF BIRTH CllRRENTLY IN CUSTODY OF 2. A Conciliation Conference was held on January 13, 1999, with the following individuals in attendance: The Mother, Delynn 11. Harley, with her counsel, Philip H. Spare, Esquire, the Father, Christian Smith, and the paternal grandparents, Arlin and Sharon Smith, with their counsel, Marcia M. Zeigler, student attorney and Donald Marritz, Esquire, and David and Sharon Harris, with their counsel, Richard C. Rupp, Esquire. 3. This case is both procedurally and factually complicated. The Court previously entered an Order on April 7, 1998 transferring primary physical custody of the Child to the biological Mother, Delynn M. Harley. previously, the Child had resided, by agreement, with the prospective adoptive parents, Sharon and Richard Harris. The Child had resided with the Harrises from soon after her birth in June 1996 through entry of the Court Order in April 1998. The transfer of custody to the biological Mother occured through an agreement reached at a prior Custody Conciliation Conference. Under the April 7, 1998 Order, the Harrises had partial physical custody of the Child one weekend per month and continue to do so. The Father, Christian M. Smith, attended the first Conference but did not request custody of the Child pending the results of paternity tests. !\ I ~ , " A conciliation Conference was held on December 3, 199B on the Father's Petition for partial physical custody of the Child as the paternity results indicate that ~Ir. Smith is the biological Father of Kayla. However, one day prior to the Conference, the Father's counsel advised the Conciliator and counsel for the other parties that the paternal grandparents, whan the Father's counsel is also representing, would seek primary physical custody of the Child. The Mother's counsel objl!cted to addressing any of the issues related to the request for primary physical custody by the paternal grandparents based on lack of timely notice and the fact that no Petition to Intervene had yet been filed. The parties were able to reach an agreement at the December 3, 199B Conference, however, on partial custody arrangements for the Father. Subsequent to the Conference on December 3, 199B, the paternal grandparents filed a Notice of Intervention and also, in conjunction with the Father, Christian Smith, filed a Complaint for primary physical custody. The Mother's counsel filed a Motion to Dismiss the Notice of Intervention, which was denied by the Court after Hearing, by order dated January 11, 1999. By the time of the January 13, 1999 Conference which is the subject of this Report, the Mother's counsel had filed preliminary objections to the joint Complaint of the Father and paternal grandparents for primary physical custody. Also at the time of the Conference, counsel for Richard and Sharon Harris indicated that a CUstody Petition would be filed on the Harrises' behalf seeking primary physical custody of the Child if the Court does not deem it in the Child's best interest to remain in the Mother's primary custody. As the issue wi th regard to primary physical custody of the Child has not been resolved by agreement of the parties, it will be necessary to schedule a Hearing in this matter. 4. The Mother's position on custody is as follows: The Mother believes it would be in the Child's best interest to remain in her primary custody. The Mother denies the allegations made by the Father and paternal grandparents concerning her fitness to serve as primaty custodian. The Mother agrees to continuation of the partial physical custody schedule for Richard and Sharon Harris on one weekend per month. The Mother strongly objects to the request of the Father and paternal grandparents for primary custody of the Child and has raised certain additional objections in the form of preliminary objections which are currently pending. 5. The Father and paternal grandparents's position on custody is as follows: The Father, who lives in a separate residence with his brother, and the paternal grandparents seek joint primary custody of the Child. The Father and paternal grandparents have alleged that the Mother inappropriately disciplines the Child and does not provide appropriate care. Neither the Father nor the paternal grandparents object to the continued periods of partial custody currently exercised by Richard and Sharon Harris for one weekend per month. Pending Hearing, the Father and paternal grandparents requested that the Conciliatol:' recornnend expanded periods of partial custody for the Fathel:' and/ol:' paternal gl:'andparents, beyond the weekend periods of custody cUl:'rently ol:'dered fl:'om Fridays .~.. .... 1 through Saturdays on weekends when the Hardses do not otherwise have custody. 6. Richard and Sharon Hards's position on custody is as follows: The Hardses believe that it is in the Child's best interest to continue the existing custody arrangements whereby the Mother has pdmary physical custody of the Child, the Father has supervised partial physical custody of the Child and the Hardses have pat:'tial physical custody of the Child on one weekend per month. The Hardaes strongly object to the joint Petition by the Father and paternal grandparents for pdmary custody and indicate their intention to file a Petition for pdmary physical custody in the event the Court would determine it is not in the Child's best interest to remain in the primary custody of the Mother. / It//~f Datr / 1..,../ Dawn s. Sunday, Esquire / CUstody Conciliator 1/ 7. The Conciliator recOlll11ends an Order in the form as attached SCheduling a Hearing in this matter. It should be noted that the paternal grandparents and the Father may file a separate Petition for expanded partial physical custody pending Hearing as the Conciliator declined to make such a recOlll11endation. It is anticipated that the Hearing will require approximately three days due to the complex nature of this case and the number of parties involved. . \ , I ( < , ( PRAECIPE FOR 1.ISTING CASE FOR ARGUMENT (MU!lt be lypewritten ilnd subnitted in duplicate) TO TilE PROTIlONOTAR'l OF CUMBERLAND COUNTY: Please list the within matter far the next i\rgunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) DeLynn Harley (Plaintiff) vs. David Harris, Sharon Harris and Christian Smith Arlin C. smith and Sharon L. Smith Intervenors ( Defendant) No. 98-1955 Civil Custodv 1998 1. State matter to be argued (i.e.. plaintiff's ITOtion for new trial. defendant's demurrer to complaint. etc.): Plaintiff's Preliminary Objectio ns 2. Identify =unsel who will argue case: (a) for plaintiff: Philip Spare ~s: 44 West Main street, Mechanicsburg, PA 17055 (b) f j;W~'I!ors and Donald Marfitz and ~ _ . (Smith) Marcia M. Zieg er, Certified Legal Intern s. Family Law Clinic, 45 N. Pitt, Carlisle, PA 17013 (Harris) Richard Rmpp, 355 North 21st street, Camp Hill, PA 17011 3. I will notify all parties in writing within boo days that this case has been listed for argunent. 4. Argunent Court Date: Macch 3, 1999 A~t ~'M~ D3ted: 9- ((6[1"\ DcLynn Hurlcy, Pluintiff Court of Common Plcus of Cumbcrland County, Pennsylvania , I I I I v. David Hurris, Shuron M. Harris and Hurris IInd Christ/un M. Smith, Civil Action - Law In Custody und Arlin C. Smith and Sharon L. Smith, Intcrvenors No. 98.1055 Civil 1998 VERIFICATION OF SERVICE \" Understanding that the making of any tlllse statement would subjcct hcr to thc pcnaltics of 18 PII. C.S. *4904 (relating to unsworn tlllsification to authorities), thc undersigncd vcrities that she served a true copy of the Praecipe to List for Argument on counsel for Plaintiff DeLynn Harley and Del'\mdants David and Sharon Harris by placing the same in the U.S. Mail, 1st class, on the 10th day of February, 1999, addressed as follows: Philip H. Spare, Esq, Snclbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, Pa. 17055 Dated: February 10, 1999 Richard Rupp, Esquire Rupp & Meikle 355 North 21st Street Camp Hill. PA 170 I c/Jcu~~ Marcia M. Ziegler, e If Legal Intern FAMILY LAW CLINIC 45 N, Pitt St. Carlisle, PA 17013 717-243-2968 l) <n 0 c' It.., "q "TJ :"j 1.',/, ;.,.., Ll.'l,i ::~:J iJ:;g "1/9 f:J Jr ,~ :-~ :~J ~j:J .', -fI ',,)~ .(') (..~ 1;;- .;j"" ::'1 ~1::.! :U .1:'- ". ') :;, J ~~; ii: .i '.; .'~. J~ ~;. . ~~.~: "~i'. l:\~ ;~i~~ 111\ ~~ \ I. , 'qq i.1? 'I .I'~: I. U" I.. .),"_ DeLynn Harley, Plaintiff Court of Common Pleas of Cumberland County, Pennsylvania v, David Harris, Sharon M. Harris and Harris and Christian M. Smith, Civil Action - Law In Custody and Arlin C, Smith and Sharon L. Smith, Intervenors No. 98.1055 Civil 1998 ORDER GRANTING CONTINUANCE AND NOW, this \0 day of March 1999, upon presentation and consideration of the attached Motion, the hearing in this case is continued generally, at the call of any party. BY THE COURT I ), 1. I / , ,r . ~ '.0" \1 , " 1;- ~;) .j/,. -' ('"/' .~' ~\ i'-:;. <~~~~~~)~ ',~: .'loi), ".<'1 '\-:".) " -~, ...." / ':/'). <, ) //. v," .., ,",-", ....r"'Io \..C -', '(1~. '"i:-", \.\\>" \,.....1.. \~,~~::- t.,,\ ' V,", V\,. {>. , ...:1"-, V DeLynn Harley, Plaintiff Court of Common Pleas of Cumberland County, Pennsylvania v. David Harris, Sharon M. Harris and Harris and Christian M. Smith, Civil Action - Law In Custody and Arlin C. Smith and Sharon L. Smith, Intervenors No. 98-1055 Civil 1998 MOTION FOR CONTINUANCE AND NOW, the Defendant Christian Smith and the Intervenors Arlin and Sharon Smith, by and through their attorneys, the Family Law Clinic, request a general continuance of the Custody Hearing under this docket number scheduled for March 25, 1999 and allege the following in support of this Motion: 1. All attorneys have discussed the possibility of agreeing to discovery in this case. Discovery is expected to be a lengthy process, taking at least two months. 2. Defendant and Intervenors are currently in the process of attempting to settle this matter with the Plaintiff. '\ , , 3. Attorneys for the Defendant and Intervenors sought concurrance in this motion from both attorneys Rupp and Spare on March 5, 1999. Both have since concurred in this motion. , , , WHEREFORE, Movants pray that a general continuance be granted in this matter. (-;/ ~((;f-/J(~'7('~ Marcia M. Ziegler l..../ cm.oorl ~Muri. Staff Attorney It . ! I [I i i' i' I' I I , i I , I ! " ! I '.~. FAMILY LAW CUNIC 45 North Pitt Street Carlisle, PA 17013 (717) 249-6343 .' J',. -.<.::.:'-" C") r- :>;: ~ ., rll',~t/ ;..;~!. : ::..:{L /d:'.. ,..(.1 c...... ~ ':-;...( ) s;:l} ::i -; V> 'J.:) () "1 ../ :'\:-:J .},,, '..J/, -:J..iJ ~'.; :!i .; ,~ ) '::;/\;1 .::j ~ -- ~ .:'J I '.':1 '-;' ::.-: r.- :.., I\J l DeLynn Harley, Plaintiff Court of Common Picas of Cumberland County, Pennsylvania v. David Harris, Sharon M. Harris and Harris and Christian M. Smith, Civil Action - Law In Custody and Arlin C. Smith and Sharon L. Smith, Intervenors No. 98-1055 Civil 1998 VERIFICATION OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C.S. 14904 (relating to unsworn falsification to authorities), the undersigned verifies that she served a true copy of the Motion for Continuance on counsel for Plaintiff DeLynn Harley and Defendants David and Sharon Harris by placing the same in the U.S. Mail, 1st class, on the 8th day of March, 1999, addressed as follows: I , I Philip H. Spare, Esq. Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, Pa. 17055 i , Richard Rupp, Esquire Rupp & Meikle 355 North 21st Street Camp Hill, PA 17011 c II /tro/I!J1iJ.~ Marcia M. Ziegler, -Ce ed Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 .~ (' I: .r" Dated: March 8, 1998 /,-< . ~~/ "/ :/ .-,.;,. /' ./ /; j'/ // .1 /'.' 'i' ./' .// // 1/ j 0 .J) 0 c '0 -II .... "".'Cli :10: :-J ::~~ [i)(;~' :.:) ;-n 1'- ~,} 'j'""': ...,. r- I '.'t,n 0,,~.-'-: '.0 .....r-, r;':C'J :-5:(, ~! .,Jr, :r;; l~" ;_"-n ~-; ~~~ ~-Jf5 r- ("jrTl =::j '::. ~ ::u "' Iv =< ~ ~ 1- f' ,.. ~ ... ... ~...... .'0\ "\)~ <fl <fl 0 ~ <:.9 z :S Z g ~ z ti ~ -< ~ ~ s: ::E 2 I- ~ Z L1.I ~ 0( Z u on Z z iid /;j s UJ ~ a. ~ Q 2 ~ oj co a 0 ~ g; Ii a I: ~ '" ~ <: rJ l!J ( ~ ~ -< al :t ...J U l!J UJ Ji ::'E DELYNN M. HARLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1055 CIVIL TERM DAVID HARRIS, SHARON M. CIVIL ACTION - LAW HARRIS and CHRISTIAN M. SMITH,: Defendants CUSTODY OF MINOR CHILD PLAINTIFF'S RESPONSE TO NEW MATTER IN ANSWER TO MOTION TO DISMISS NOTICE OF INTERVENTION AND NOW, comes the Plaintiff, Delynn M. Harley, by her attorneys, Snelbaker, Brenneman & Spare, P. C. and responds as follows to the New Matter contained in the Answer to Plaintiff's Motion to Dismiss Notice of Intervention as follows: 15. Admitted. 16. Paragraph 16 contains a series of legal conclusions . ,\ , I which require no response and which are deemed to be denied. It ! is specifically denied that a complaint may validly be filed in an action without proper intervention. 17. Admitted in part and denied in part. It is admitted that Arlin and Sharon Smith as paternal grandparents have "standing" to bring a petition for physical and legal custody of a grandchild pursuant to 23 Pa.C.S. ~ 5313. It is denied that the Complaint filed by the Father and paternal grandparents LAw OFFICES SNELDAKER, BRENNEMAN 8: SPARE alleges grounds sufficient to award custody of Kayla to the grandparents. On the contrary, the Complaint fails to allege ~ !1'... 1..1 i'l II I ( r I I . , ::".", that it is not in the best interests of the child to be in the custody of either parent as required by 23 Pa.C.S. S 5313(b). By way of further response, the statute provides no authority for grandparents and a father to be awarded custody against the wishes of the mother. 18. Paragraph 18 contains a series of legal conclusions which require no response and which are deemed to be denied. By way of further response, it is suggested that the Pa. Rules of civil Procedure Nos. 2326 to 2350 governing intervention apply in any civil action and such rules have been completely ignored by the purported Intervenors in this case. 19. Admitted in part and denied in part. It is admitted that the undersigned counsel did not specifically seek the concurrence of opposing counsel prior to filing the Motion. It is denied that same is required given: a) the nature of the Motion; b) the previous discussions with the Family Law clinic regarding the impropriety of intervention without leave of Court and the negative response received; and c) the Family Law Clinic received advance notice of the filing of the Motion and did not respond in any way. It is suggested that the Family Law Clinic's response to the Motion indicates that seeking concurrence would have been an exercise in futility. WHEREFORE, Plaintiff respectfully requests your Honorable LAW O,.'ICES SNELDAKER. BRENNEMAN 6r: SPARE Court to grant the relief requested in Plaintiff's Motion to -2- Dismiss Notice of Intervention and to dismiss the Notice of Intervention and the purported Intervenors' complaint. Respectfully submitted, SNEI.BAKER, BRENNEMAN & SPARE, P. c. By: """"",-={)d j,a;r-P Phil~~{~~' ~squire 44 w. Main street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for plaintiff Delynn M. Harley Date: January 11, 1999 LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE -3- CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Response to New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Richard C. Rupp, Esquire Rupp & Meikle 355 North 21st Street Camp Hill, PA 17011 Marcia M. Zeigler, Student Attorney Donald Marritz, Esquire, Staff Attorney Family Law Clinic Dickinson School of Law 45 North Pitt Street Carlisle, PA 17013-2899 /2a ~ JliP 0?~ isquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Delynn M. Harley Date: January 11, 1999 LAw OI"l"'CES SNELBAKER. BRENNEMAN Be SPARE .. ., DEL YNN M. HARLEY, PllIinlilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " v. CIVIL ACTION - LAW f " DA VID HARRIS, SHARON M. HARRIS amI CHRISTIAN M. SMITH, Defendants NO. 98-1055 CIVIL TERM ORDER OF COURT AND NOW, this ?tLdlly of January, 1999, upon considerution of Plaintiff's Motion 1 to Dismiss Notice of Intervention, a RULE is issued upon Arlin C. Smith and Shllron L. Smith to show Clluse, if any they should have, why they should not be precluded from intervention in this case. RULE RETURNABLE lit a hearing to be held on Friday, January 8, 1999, a13:30 ') I , I p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. Philip H. Spare, Esq. 44 W. Main Street Mechanicsburg, P A 17055 Attorney for Plaintiff , r I ; \ I I I Richard C. Rupp, Esq. 355 North 21st Street Camp Hill, PA 17011 J ... ::-:- ,.0 ~1 ~ N t:- ~- <Xl c' ..:J i',.!-,:' . U.J_~ ,'''; ~ c.,?('~ 0- n. .~ ct , ~~3(' -, 00 "'i I. f'-. i I ,..,. . tn:::. J .~; ..... ~t.. -. ,-- f ~: :.;:: '.'!IU :..;'1. 1I. 0' ~) C' tn i__J "'\-0 .' , " . , '"' A DELYNN HARLEY, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA v. DA VlD HARRIS, SHARON M. HARRIS, AND CHRISTIAN M. SMITH Defendants CIVIL ACTION - LAW IN CUSTODY and ARLlN C. SMITH and SHARON L. SMITH, Intervenors NO. 98-1055 CIVIL TERM NOTICE OF INTERVENTION The Intervenors, Arlin C. Smith and Sharon L. Smith, by their attorneys, the Family Law Clinic, intervene in this action pursuant to 23 Pa, C,S. ~5313 and respectfully represent that: 1. Intervenors are Arlin C. Smith and Sharon L. Smith, who live at 530 Lavina Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Intevenors are the parents of Defendant Christian M. Smith and the paternal grandparents of the subject child, Kayla Noel Harley, born June 18, 1996. 3. Concurrent with the filing of this Notice, Intervenors and their son, Defendant Christian Smith, have filed a Complaint for Custody, seeking physical and legal custody of Kayla. 4. It is in the best interest of Kay/a to be in the legal custody of Christian Smith and Intevenors and for Intervenors to have majority physical custody of Kay/a. 5. Intvenors have genuine care and concern for Kay/a. -,""". :-:~ ". . ^ .:;:,......~ r \ '. ._~ .:'...~.::. , .- ", . " 6. Intervenors' relutionship with Kuylu begun with the consent of both of her purents. 7. Intervenors believe thut Kuylu's heulth, safety und wel/hre huve been put substuntiully ut risk becuuse her mother, Pluintiff Hurley, hus subjected her to inuppropriute physicul und verbul discipline, und hus ubused controlled SUbslances. WHEREFORE, Al'l in C. Smith und Sharon L. Smith hereby give notice that they ure intevening in this cuse. Murciu M. Ziegler Student Attorney I NALD MAR Staff Attorney THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Curl isle, PA 17013 717/243-2968 VERIFICATION Understanding that the making of any titlse statement would subject him or her to the penalties of 18 Pu. C.S. ~4904, relating to unsworn t;,'sification to authorities, each of the undersigned certifies that the statements made in the foregoing Notice ure true und correct, to the best of the knowledge und information of euch, '-'X1 . ~ CJIh'I~ ~Smith ~l~~ Dated: December 3, 1998 , ORO, ce: ce: ce: In thc Court of Commou 1)lcas of CUMIIERI.AND County, Pcnnsylvanla DOMESTIC REI.ATIONS SECTION LAURA M. STETZ ) Duckcr NUlllhcr 98-1103 CV Plainliff ) vs. ) PACSES Cnsc NUlllhcr 418100465 MICHAEL J. STETZ ) J'ilOioq Dcfcndalll ) Olllcr SUUc ID NUlllhcr b/2. ORDER AND NOW, to wit on this 30TH DAY OF NOVEMBER, 1998 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (X) Other ALIMONY PENDENTE LITE REQUEST filed on matter is dismissed without prejudice due to: DEFENDANT/PETITIONER WI'rHDRAWING HER REQUEST FOR ALIMONY PENDENTE LITE. 10/28/98 in the above captioned o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner, if filed within one year from date hereof. BY THE COURT: R.J. Shadday ;u plaintiff and defendant Barbara Sumple-SUllivan, Esq. ~~d Paige MacDonald-Matthes, Esq. N;,;t~"-'<. I?HI'?:i Edward E. Guido, JUDGE Scrvicc Typc M Fonn OE-506 Wurkcr ID 21005 .. 0 ,," 0 ~:.; ::'rJ , I ":-"':, . :~l --r~ , ''1 T1 t~-.: . ,.) I , r ~: f:.q (I, '" / '-~ 'J !.- r - '",:J'./ ;=-~~ '-d J --_ -{} , , c:? ,-j' I I ~ [.-: ~~~ ..... :'1 ~:J h) , . -: -.;; I', I : " I l i 'I J :~ ..i' \,'4; DeLynn Harley, Plaintiff Court of Common Pleas of Cumberlalld County, Pellnsylvania v. David Harris, Sharon M. Harris and Harris and Christian M. Smith, Civil Action - Law In Custody and Arlin C. Smith and Sharon L. Smith, Intervenors No. 98-1055 Civil 1998 VERIFICATION OF SERVICE Understanding that the making of any false statement would subject him to the penalties of 18 Pa. C.S. 94904 (relating to unsworn falsification to authorities), the undersigned verifies that he served a true copy of the Complaint for Custody and Notice of Intervention on counsel for Plaintiff DeLynn Harley and Defendants David and Sharon Harris by placing the same in the U.S. Mail, 1st class, on the 4th day of December, 1998, addressed as follows: Philip H. Spare, Esq. Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, Pa. 17055 Richard Rupp, Esquire Rupp & Meikle 355 North 21st Street Camp Hill, PA 17011 1J1'J\~ (J (' Dated: December 9, 1998 Donald Marritz, S aff Attorney FAMILY LAW CLINIC 45 N, Pitt SI. Carlisle, PA 17013 717-243-2968 EJ/; ,. .. f,-~;:: ,'.. -'," -- ' r; , ., .' ~ ~, (::... ~, :''', ~.j '-J '; .~, t ;,:~ ~". ) .. .:,!~;'1 ";,'l) ~~':l'd .... ~....) ...,' ,.-, ,/ n " ,';1." '.:") , ' ..,. DeLynn Harley, Plaintiff Court of Common Pleas of Cumherland County, Pennsylvania v. David Harris, Sharon M. Harris and Harris and Christian M, Smith, Civil Action - L1aw In Custody nnd Arlin C. Smith and Sharon L. Smith. Intervenors No, 98-1055 Civil 1998 ORDER OF COURT AND NOW, this '6 day of Deccmhcr. 1998, upon considcnllion of the attachcd complaint, it is hereby dircctcd thnt thc pnrties and their rcs cctive counselappcar hcforc, ~'l\~',~~ ,Esq" thc conciliator, nt . q I....) 0\-, ClNn c , Pcnnsylvanin, on the n dny of ". 199~, at <, o'clock -'2L..,m, for a Prc-Hcnring Custody Confcrcnce. At .uch conference, an effort will he maUe to resolvc thc issues in dispute; 01' if this cnnnot be accomplished, to define nnd narrow the issucs to hc hcard hy thc court. and to entcr into n temporary order, Either party may hring thc child(rcn) who is the suhjcct of this custody action to the confcrencc, but the child/children's nttendancc is not mandatory. Failure to appear nt the confercnce may provide grounds for cntry of n tcmporary or pcrmnnclll ordcr, FOR THE COURT: By: r.:t:lo\\)S\ ~.J\I'i~^10f,' Custody Concilintor ~.J l \:>>~ 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. Cumbcrland County Bar Association 2 Lihcrty A vcnue Carlislc. PA 17013 (717) 249-3166 AMERICANS WITH D1SAInLITIES ACT 010' 1990 The Court of Common Picas of Cumherland Co, is rcqulrcd hy law to comply with the Ameri- cans with Disabilitics Act of 1990. For information about ncccssihlc Jilcililil:s nnd rcasonahlc accommodations avnilahle to disabled individuals having huslncss hcforc thc court. plcnse cOlllnct our office. All nrrangements must hc madc at least 72 hours prior to any hcnring 01' husincss before the court. You must attcnd the schcdulcd confcrcncc or hcnring. '. ,\~ '. n ~ ..F;U:O-c-:~!"- ~I' ,. .., {"'i"l~'i I 'vi: . ".;\:')T.4RY 98 nFr: II (-l' " 1/ oJ: n9 CU" " ,\,.,)--:'" . ~ ..., 1 It ", i . , _ PEN/i;:C;) :d:~~ik~U"V/Y /~ .//.913 ~I. ~p 11I~41 i- r:::A/I';..j ~J . /a '/1.111 >;t,;:10.- )Jfarb IG ~l4 ~'-U! all'?~ + Jo::l '/{'9; tbJ;b .' /1 ~//./. j /P I~V -d; tU~ c::v;!UtC~~ , ! "/ . , "~' '\ j,', 'I i I'". ifi '-".; i,'(' I .. .. /,~ F';;;. \,_~.I DeLynn Harley, Plaintiff Court of Common Pleas of Cumberland County, Pellnsylvania v. David Harris, Sharon M. Harris and Harris lInd Christian M. Smith, Civil Action - L1aw In Custody alld Arlin C. Smith and Sharon L. Smith, Intervenors No. 98-1055 Civil 1998 ORDER OF COURT You, DeLynn Harley (Plaintiff) Davis Harris and Sharon M. Harris (Defendants), have been sued in court by Christian M. Smith, Arlin C. Smith and Sharon L. Smith, who are seeking to obtain custody Kayla Noel Harley. You are ordered to appear in person at on the 199_, at o'clock _.m. for day of a conciliation or mediation conference, a pretrial conference. a hearing before the court, If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE 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 A venue Carlisle, Pennsylvania 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. It'. "I.' . ~ 1 ~ DELYNN HARLEY, PlallllilT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. v. DA VID HARRIS, SHARON M. HARRIS, AND CHRISTIAN M. SMITH Defendants CIVIL ACTION - LAW IN CUSTODY and NO. 98-1055 CIVIL TERM ARLIN C. SMITH and SHARON L. SMITH, Intervenors COMPLAINT OF CHRISTIAN M, SMITH, ARLIN C. SMITH AND SHARON L. SMITH FOR CUSTODY KA YLA NOEL HARLEY The Complaint of CHRISTIAN M. SMITH, ARLIN C, SMITH and SHARON L. SMITH, by their attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The Petitioners are Christian M. Smith, Arlin C. Smith and Sharon L. Smith, the father and paternal grandparents, respectively, of the child who is the suhject of this case, Kayla Noel Harley, born June 18, 1996. They will be reFerred to collectively as "Petitioners." 2. Petitioner Christian Smith ("Father") lives at 25 Rolo Court, Mechanicsburg, Cum- berland County, Pennsylvania 17055, He is one of the defendants in this action and is Kayla's natural father. ., '1 I 3. Petitioners Arlin C. Smith and Sharon L, Smith ("Grandparents") live at 530 Lavina Drive, Mechanicsburg, Pa, They are Christian Smith's parents and Kayla's paternal grand- parents. They have intervened in this case pursuant to 23 Pa. C.S. 95313 by filing a Notice of ~ ;I.i.;,.. Intervention, concurrently with the filing of this Complaint. 4. Respondent DcLynn M, Harley ("Mothcr) is Kayla's natural mother, She is living at an unknown address in Mechanicsburg, Pa, 5. Respondents David and Sharon M. Harris, live at 804 West Keller Street, Mechanics- burg, Pennsylvania. 6. Petitioners seek partial custody of Kayla Noel Harley, who is currcntly in the custody of her Mother, pursuant to the Court's Order of April 7, 1998, 7. During the past five years, Kayla has lived with the following persons at the fOllowing addresses: Persons DeLynn Harley Sue Harley David Harris Sharon Harris DeLynn Harley Sue Harley DeLynn Harley Christian Smith DeLynn Harley Sue Harley DeLynn Harley Addresses Dates 19 W. Locust Street, Apt. B Mechanicsburg, PA June 18, 1996 to October, 1996 804 W. Keller Street Mechaniesburg, PA October 1996 to April 1998 19 West Locust Street Mechanicsburg, Pa. April 1998 to October 1998 25 RoJo Court Mechanicsburg, Pa, October 1998 19 W. Locust Street, Apt. B Mechanicsburg, PA November 1998 unknown address in Mechanicsburg, Pa. November 1998 - present 8. Mother is single and currently lives with Kayla nnd possibily othcr pcrsons unknown to the Petitioners, 9, Father is married and currently lives with Jeremy Smith, his brothcr. 10. Rcspondcnts David and Sharon Harris wcrc Kayla's fostcr parcnts from Octobcr 1996 to April 1998. At onc timc thcy attcmptcd to adopt Kayla. II. Fathcr and Grandparcnts havc not participatcd as a party or witncss, or in anothcr capacity. in othcr litigation conccrning thc custody of thc child in this or anothcr court, cxcept in thc instant case. 12. Fathcr and Grandparcnts havc no information of a custody procccding concerning the child pcnding in a court of this Commonwcnlth. othcr than thc instant casc, 13. On or about Octobcr 22, 1998, Fathcr previously a Complaint for Partial Custody in this case, Father hereby withdraws his request for relief in that Complaint. 14. Father and Grandparents know of no pcrson not a party to thc proceedings who has physical custody of Kayla or who claims to havc custody or visitation rights with respect to her. 15. Kayla's best interest and penmment welfare will be served by granting the relief requested because: a) Father and Grandparents are willing and able to provide for Kayla. b) Father only discovered that hc was Kayla's father when the Harrises filed a request to terminate his parental rights, Since that timc, he has acknowledged paternity, and he and his parents have participated fully in Kayla's life, c) Mother has subjected Kayla to inappropriate physical and verbal discipline. d) Mother has engaged in the unlawful use of controlled substances and thereby put Kayla at risk. 16. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have becn namcd as partics to this action. WHEREFORE, Fathcr and Grandparents rcqucst that thc Court grant thcm primary ... DELYNN M. IIARLEY, a Minor, by SUE A. IIARLEY, her Guardian, Plaintiffs IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 98-1055 CIVIL TERM : DAVID HARRIS, SHARON M. HARRIS and CHRISTIAN M. SMITH, Defendants . . CIVIL AC'l'ION - [,A\~ CUSTODY . . amm OF CXXlRT AND roi, this \ \A. consideration of the attached and directed as follows: "', I \' Sl?J.J,.,,1 Conciliation Report, , 1998, upon it is ordered day of CUstody 1. The prior Order of this Court dated April 7, 1998 is vacated and replaced with this Order. 2. The Mother, Delynn M. Harley, shall have sole legal and primary physical custody of Kayla Noel Harley, born June 18, 1996. 3. David and Sharon Harris shall continue to have partial physical custody of the Child on the second Friday of every month at 7:00 p.m. until the following Sunday at 7:30 p.m. 4. The Father shall have partial physical custody of the Child during every weekend when David and Sharon Harris do not otherwise have custody, from Friday at 11:00 a.m. until Saturday at 10:00 a.m., with the exception of the first period of custody on December 4, 1998 which shall begin on Friday at 12:30 p.m. rather than 11:00 a.m. The Father's periods of custody under this provision shall be supervised by the paternal grandparents and the Child shall sleep overnight during these periods of custody at the paternal grandparents' home. 5. All exchanges of custody between the Mother and the Father under this Order shall take place at the Burger King restaurant on CUJrberland Parkway in Mechanicsburg. 6. within ten (10) days of the CUstody Conciliation Conference on December 3, 1998, the Mother and the Father shall each undergo the most extensive drug test available for $200.00 at the drug testing facility selected by David and Sharon Harris. David and Sharon Harris shall be responsible to pay all costs of the drug testing which shall not exceed $200.00 per test. 7. All parties shall refrain from doing or saying anything, and shall prohibit others from doing or saying anything in the presence of the Child, which may estrange the Child from any of the other parties, injure the ,. . Fathe~ls counsel is also ~ep~esenting, would seek p~imary physical custody of the Child. Based on the lack of timely notice and the fact that no Petition to Intervene o~ Petition fo~ Custody had yet been filed on behalf of the paternal g~andpa~ents, the Mothe~'s counsel objected at the Conference to add~essing any of the issues ~elated to the ~equest fo~ p~imary physical custody by the pate~nal g~andpa~ents. Pending the filing of a Petition/Complaint by the paternal g~andpa~ents fo~ custody, the pa~ties we~e able to ~each an ag~eement on pa~tial physical custody a~~angements fo~ the Father. The~e was no request at the Confe~ence fo~ any change in the existing pa~tial physical custody a~~angements fo~ M~. and M~s. Ha~~is. Howeve~, the Ha~~ises counsel indicated that in light of the new position taken by the Fathe~ and his pa~ents with ~espect to custody, the Harrises may file a Petition for p~imary physical custody of the Child. 4. The pa~ties ag~eed to entry of an Orde~ in the form as attached, with the exception of the Father's request for the Mother's cu~rent add~ess, which is not addressed in the ~ecorrmended Orde~. Based upon safety-~elated concerns expressed by the Mother at the Confe~ence (and denied by the Father) and the fact that the Fathe~ can contact the Mother th~ough the maternal grandmothe~, it is not recorrmended that the Mother be requi~ed to provide her add~ess to the Father without a determination by the Cou~t after fact finding. fltca-v....hhl f; /99. R' Date (a~~ Dawn s. Sunday, EsquJ.re Custody Conciliator '..... DELYNN M. HARLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER CIVIL TERM -LAY otCHILD v. NO. 98-1055 DAVID HARRIS, SHARON M. HARRIS and CHRISTIAN M. SMITH,: CIVIL ACTION Defendants AND NOW, this day of January, 1999, upon consideration of Plaintiff's Mot}p~to Dismiss Notice of Intervention, a RULE is iss~/Gpon Arlin C. smith and Sharon L. Smith to show cause, i an t~y should ~av~, .Lwhy they should P'r '-Ll 'L I .., c..r oU1 di n" I.., 1(,,::: <.>.c:, not be requiJ::ea:..:.f81e eave_oL.cow:.t:'pr-ior-to-intervening-.in .th.is-case.~ to be held on the day of , 1999 at o'clock . M. in Courtroom , Cumberland County Courthouse, carlisle, BY THE COURT: J. LAW O,.,.ICES SNELBAKER. BRENNEMAN a: SPARE DELYNN M. HARLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1055 CIVIL TERM DAVID HARRIS, SHARON M. CIVIL ACTION _ LAW HARRIS and CHRISTIAN M. SMITH,: Defendants CUSTODY OF MINOR CHILD 9RDER AND NOW, this day of January, 1999, upon consideration of Plaintiff's Motion to Dismiss Notice of Intervention, it is hereby ORDERED that the Notice of Intervention of Arlin C. Smith and Sharon L. Smith is DISMISSED. BY THE COURT: J. LAW C"I"'CES SNELBAKER. BRENNEMAN Be- SPARE '"' DELYNN M. HARLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1055 CIVIL TERM DAVID HARRIS, SHARON M. CIVIL ACTION - LAW HARRIS and CHRISTIAN M. SMITH,: Defendants CUSTODY OF MINOR CHILD ORDER AND NOW, this day of January, 1999, upon consideration of Plaintiff's Motion to Dismiss Notice of Intervention, it is hereby ORDERED that the Conciliation Conference currently scheduled in this matter for January 13, 1999 is continued generally. BY THE COURT: \ . I f J. LAW OI"I"ICEB 5NELBAKER. BRENNEMAN & SPARE DELYNN M. HARLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1055 CIVIL TERM DAVID HARRIS, SHARON M. CIVIL ACTION - LAW HARRIS and CHRISTIAN M. SMITH,: Defendants CUSTODY OF MINOR CHILD MOTION TO DISMISS NOTICE OF INTERVENTION AND NOW, comes the Movant-Plaintiff, Delynn M. Harley, by , her attorneys, Snelbaker, Brenneman & Spare, P. C., and moves your Honorable Court as follows: 1. Movant is Plaintiff Delynn M. Harley, an eighteen (18) year old adult individual. 2. Movant-Plaintiff is the natural mother of Kayla Noel ') .1 , I Harley, born June 18, 1996. ) 3. The natural father of Kayla Noel Harley is Christian M. Smith, an adult individual. 4. On or about October 22, 1998, Father, through his attorneys, the Family Law Clinic, filed a Complaint For Partial Custody. :~~ 5. A conciliation conference was held before Dawn S. Sunday on December 3, 1998 on Father's Complaint For Partial LAW OFFICES SNELBAKER, BRENNEMAN 6: SPARE Custody. An agreement was reached at the conciliation conference as set forth in the December 14, 1998 Order of Court, l\ copy of which is attllched hereto as Exhibit "A". 6. On or about December 4, 1998, Father's parents, Arlin C. Smith and Sharon L. Smith, through their attorneys, the Family Law Clinic, filed a document entitled "Notice of Intervention" in this case. 7. On or about December 4, 1998, Father and his parents, through their attorneys, the Family Law Clinic, filed a "Complaint of Christian M. Smith, Arlin C. Smith and Sharon L. Smith For Custody Kayla Noel Harley". 8. The "Notice of Intervention" purports to be filed pursuant to 23 Pa.C.s. S 5313. 9. Pa.C.S. S 5313 addresses when grandparents may petition for custody, but does not address intervention. 10. Intervention in a pending case requires leave of court. 11. The Pa. Rules of Civil Procedure for child custody actions Nos. 1915.6(b) and 1915.16(b) strongly suggest that intervention requires leave of court. 12. The attempted intervention of Arlin C. Smith and Sharon L. Smith is improper as they have failed to seek leave of .....w OFFICES SNELBAKER. BRENNEMAN a: SPARE court. -2- 13. A conciliation conferonce is currently scheduled for January 13, 1999 at 3:00 P.M. based upon the Complaint of Father and his parents filed December 4, 1998. 14. The conciliation conference scheduled for January 13, 1999 should be continued generally pending resolution of the intervention issue discussed hereinabove as there is already an order of court in effect which allows partial custody rights to the Father supervised by the paternal grandparents. WHEREFORE, Movant-Plaintiff, Delynn M. Harley respectfully requests your Honorable Court to: 1) dismiss the "Notice of Intervention" of Arlin C. Smith and Sharon L. smith; 2) continue the Conciliation Conference currently scheduled for January 13, 1999; and/or issue a Rule upon Arlin C. smith and Sharon L. smith to show cause why they should not be required to seek leave of court prior to intervening in this case; and 3) 4) order other relief as is just and reasonable. Respectfully Submitted, SNELBAKER, BRENNEMAN & SPARE, P. C. By: ~/~ Ph1lip H. spare, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Delynn M. Harley LAW OFFICES SNELBAKER. BRENNEMAN a SPARE Date: January 7, 1999 -3- [. ; . , 'I / 1\ I ~i, ; 1ft l ) \ . I j ( ", ~~ .:' DELYNN M. HARLEY, a Minor, by SUE A. HARLEY, her Guardian, Plaintiffs IN THE CXlURT OF a:lMMOO PLEAS OF : CUMBERLAND CCllJNTY, PENNSYLVANIA : vs. NO. 98-1055 CIVIL TERM DAVID HARRIS, SHAROO M. HARRIS and CIlRISTIAN M. SMITH, Defendants . . : CIVIL ACTIOO - LAW : CUSTODY CJIDIlR OFaxJRT AND tUf, this I If. consideration of the attached and directed as follows: day of J2!~,-, , 1998, upon CUstody Conciliation Report, it is ordered 1. '!he prior Order of this Court dated April 7, 1998 is vacated and replaced with this Order. 2. '!he Mother, Delynn M. Harley, shall have sole legal and primary physical custody of Kayla Noel Harley, born June 18, 1996. 3. David and Sharon Harris shall continue to have partial P1ysical custody of the Child on the second Friday of every month at 7:00 p.m. until- the following Sunday at 7:30 p.m. 4. The Father shall have partial physical custody of the Child during every weekend when David and Sharon Harris do not otherwise have custody, from Friday at 11:00 a.m. until saturday at 10:00 a.m., with the exception of the first period of custody on December 4, 1998 which shall begin on Friday at 12:30 p.m. rather than 11:00 a.m. The Father's periods of custody under this provision shall be supervised by the paternal grandparents and the Child shall sleep overnight during these periods of custody at the paternal grandparents' home. S. All exchanges of custody between the Mother and the Father under this Order shall take place at the Burger King restaurant on CUirberland Parkway in Mechanicsburg. 6. Within ten (10) days of the CUstody Conciliation Conference on December 3, 1998, the Mother and the Father shall each undergo the most extensive drug test available for $200.00 at the drug testing facility selected by David and Sharon Harris. David and Sharon Harris shall be responsible to pay all costs of the drug testing which shall not exceed $200.00 per test. 7. All parties shall refrain from doing or saying anything, and shall prohibit others from doing or saying anything in the presence of the Child, which may estrange the Child from any of the other parties, injure the EXHIBIT A (p. 1 of 4) : " b-, . ' r..-". DELYNN M. HARLEY, a Minor, by SUE A. HARLEY, her Guat'Clian, Plaintiffs : IN THE OOURT OF CXX>lMON PLEAS OF CUMBERLAND COONTY, PENNSYLVANIA . . : VB. : NO. 98-1055 CIVIL TERM DAVID HARRIS, SflAROO M. HARRIS and CHRISTIAN M. SMITH, Defendants . . . . :, CIVIL ACTION - LAW CUSTODY PRICR JUDGE: Pdgar B. Bayley crlS'nDl! <n<<:ILIATIOO SlINRY REPCRr m At:XXlmANCB wrm CDIBERLAND CXXNlY ROLE OF crvn. PIlO ~ utE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. '!he pertinent infot'll1Stion concerning the Child who is the subject of this litigation is as follows: NAME DM.'E OF BIR'l'B CllRREN'I'LY m ~'J.U.lt OF Kayla Noel Harley June 18, 1996 Mother 2. A Conciliation Conference was held on December 3, 1998, with the following individuals in attendance: The Mother, Delynn M. Harley, with her counsel, Philip H. Spare, Esquire, the Father, Christian M. Smith, with his counsel, Marcia M. Zeigler, student attorney and Donald Marritz, Esquire, staff attorney for the Family Law Clinic, and David and Sharon Harris, with their counsel, Richat'Cl C. RUpp, Esquire. 3. '111is Court previously entered an Order on April 7, 1998, transferring primaty physical custody of the Child to the biological Mother, Del~ M. Harley. Previously, the Child had resided, by agreement, with the Prospective adoptive parents, Sharon and David Harris. The Child had resided with the Harrises from soon after her birth in June 1996 through entty of the Court Order in April 1998. The transfer of custody to the biological Mother occurred through an agreement reached at a prior Custody Conciliation Conference. Under the Order, the Harrises had partial physical custody of the Child one weekend per rronth. The Father, Christian M. Smith, attended the first Conference but did not request custody of the Child pending the result of paternity tests. The Conciliation on September 3, 1998, was held on the Father's Petition for partial physical custody of the Child as the paternity results indicate that Mr. Smith is the biological Father of Kayla. However, one day prior to the Conference, the Father's counsel advised the Conciliator and counsel for the other parties that the paternal grandparents, whom the EXHIBIT A (p. 3 of q) ........ ,QERTIFICATE OF SERVrcg I, PHILIP H, SPAHE, ESQUIHE, hereby Certify th.t I h.ve, Oh the belov ..te, c.U... . trUe 'h. correct copy Of tbe fore.oih, Motioh to be .erVe. uPOh the persOh 'h. ih the .'hh.r indicated below: FIHST CLAss HAIL POSTAGE PHEPAIO AOOHESSED AS FoLLOvs, Richard c. Rupp, Esquire Rupp & Meikle 355 North 21st Street Camp Hill, PA 17011 Marcia M. Zeigler, Student Attorney Donald Marritz, EsqUire, Staff Attorney Family Law Clinic DiCkinson SchOOl of Law 45 North Pitt Street Carlisle, PA 17013-2899 _ DOJJl'fi~ . Ph;~:~ Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Delynn M. Harley Date: January /', 1999 LAw O"""CE8 SNELSAfCER, BRENNEMAN 4- SPARE . DL'j\r\(\ \-'or\e'l : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. . \:;o.'-l\ 0 ~l \I ~ : CIVIL ACTION LAW ;NO.IDSS- CIVIL 19n : CUSTODY VISITATION Dcfcndant ORDER OF COURT And now, this~, upon consideration ofthe attached complaint, it is hereby directed that the above parties and their respective counsel appear before ~n "," ~ I'"Y'~ (_, Esquire, the conciliator, at ?,q 1...-), Hn \ i\ .s..\- 0 I HC'c.\--cr\\rs,h. S3 ' PelUlsylvania, on the \ day of l'tt>1.' I" N'"\b' r , 1998, at \', OC) A.M.I @' for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear at the eonference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: ~[rtUsf\ ..b, .J\U(1\~~ €\\- Custody Conciliator 0 l~,) 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. '., THE CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 ';'-. " ) L l ' t, , 't : .~ . 'I ;.., ",', . :(/';\ : I \ ",',~ 'f' ! I'~ ;, .' I! ~- ~ i" " . , II '! ! , ,\ - OCT 2 3 l~qh , ii \ DEYLNN HARLEY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY DAVID HARRIS, SHARON M. HARRIS, AND CHRISTIAN SMITH Defendants NO. 98-1055 CIVIL TE~ ORDER OF COURT AND NOW, this day of , 1998, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at , C;;umblJrlanll County ('nllrthouse, on the day of , 1998, 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permancnt order. FOR 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 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 disablcd individuals having business before the court, please contact our office. All arrangcmcnts must be madc at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. i, :1 '. II!...., :;r , - .- \ n .~) <':1 (..; ':o;:J '-.-1 ""t'; c:'l ....1 \.~., 'l'p " "1-11 fill. , .-1 >:':; . r-:", I') '.:;F~J '..': ~ "" '_:~~...S r.:; " "'(I I.~ .-+1 , ,.- . ,.(") ,-- ;'.'.';'11 ~ ..J " ". ? :C) '" .l.l ,-- .< -, . , '"' David Harris 804 W, Keller Street October 1996 to Sharon Harris Meehanicsburg, PA April 1998 DeLynn Harley 19 West Locust Street April 1998 to Sue Harley Meehanicsburg, Pa. October 1998 DeLynn Harley 25 Rolo Court October 1998 to Christian Smith Meehanicsburg, Pa. present 4. The relationship of the Respondent Harley to the child is that of mother. She is single. She currently resides with Petitioner Christian Smith, although she intends to move to another residence. 5. Respondents David and Sharon Harris were Kayla foster parents from October 1996 to April 1998. At one time they attempted to adopt Kayla. 5. The relationship of Petitioner to the child is that of father. He currently resides with Respondent Harley. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other II .i 1\ I I II II I \, 't " I, i 1 litigation concerning the custody of the child in this or another court, except in the instant case. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested beeause: ., a) Petitioner is willing and able to provide for Kayla, " 'j b) Petitioner only discovered that he was Kayla's father when the Harrises tiled a request to terminate his parental rights. Since that time, he has acknowledged paternity and has \ f ,_'..... ~~, . .... " n t..!) r:l C' :::'J: -TI '.. pot,i Ie:> " :,"-) " e'"}l,'.i -1 I :1;;:2 :.:\ r-,) ~>l-n ~ -!. ,",) iC. ,') !" r'.' , ~ll_' .-. .- ...oJ ,C ::.1 . , .')-;:--: ( ~ .:....J r.- ~:., I'll ;~ "J '''> :y:.l .-.' ~,JJ -< en .< LAW OFFICES SNELDAKER. BRENNEMAN Be SPARE DELYNN M. HARLEY, a Minor, by SUE A. HARLEY, her uardian IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 98- 1055 CIVIL TERM DAVID HARRIS, SHARON M. CIVIL ACTION - LAW ARRIS and CHRISTIAN M. SMITH,: Defendants CUSTODY OF MINOR CHILD ORDER '..., . h- AND NOW, this ,:, day of \~l rc \') , 1998, upon consideration of the attached complaint, ~t is hereby directed that the parties and their respective counsel appear before , "'" \". .\[ ~ , .Esquire, the conciliator, at ) \ , Pennsylvania, on Ie \\ day of \--..\ncr h ,. 998, at .1 ',()C, o'clock -2-.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, i By: '''''\ ~ ,^, 1 . llln custody Conc~l~ator :,U. 111):') 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 rp 1:;""_~iC_'r:t("r. r:." '" . ,.~ ,",., --'" , '.J'" 'j" ., ; ,-,' .. '-'",.,-, '"'lIt ,. ' .... ' :U~I "" I"" " ;:, 1'1.,,' -' f!.; I). f'.r} { ., ~. : j . t' I;... Ct,~,\,:~i.., . ,_,:"''''-'.- I" ,." t-'F\l"",'\'J\':' ;:'.....,., I . ...'\",,;1,.,'."""\ 3'5'.tJf' &.vl f"~./J1~&1n/ 7b;;J4 ~U!- .J '.59~ '7' 4",~'. d --/ ./. ~ {v~ 1H4,f:#/ a. t?r4. .J .s1t ~~ //t.,'i,dz:y ~ t:;;?# ~I/'af; f ,\ DELYNN M. HARLEY, a Minor, by SUE A. HARLEY, her Guardian IN TilE COURT OF COMMON PLEAS Of' CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 98- 1055 CIVIL TERM v. DAVID HARRIS, SHARON M. CIVIL ACTION - LAW HARRIS and CHRISTIAN M. SMITH,: Defendants CUSTODY OF MINOR CHILD COMPLAINT FOR CUSTODY OF MINOR CHILD AND NOW, comes the Plaintiff, Delynn M. Harley, by her attorneys, snelbaker, Brenneman & Spare, P. C., and avers the following cause of action: 1. Plaintiff, Delynn M. Harley, a minor with a date of birth of July 21, 1980, resides at 208 Meadowlake Drive, Downingtown, Chester County, Pennsylvania. 2. Sue A. Harley, Plaintiff's Guardian is Plaintiff's mother, an adult individual residing at 19 West Locust Street, Apartment B, Mechanicsburg, Pennsylvania. 3. Defendants, David Harris and Sharon M. Harris, husband and wife, are adult individuals residing at 804 West Keller Street, Mechanicsburg, Pennsylvania. 4. Defendant, Christian M. Smith is an adult individual residing at 25 Rolo Court, Mechanicsburg, Pennsylvania. I:Ullm 5. Plaintiff seeks custody of the fOllowing child: PRESENT RESIDENC~ 804 W. Keller Street Mechanicsburg, PennsYlvania Am; 1 KaYla Noel Harley The child was born out of wedlock. The child is presently in the custody of Defendants, David Harris and Sharon M. Harris who reside at 804 W. Keller Street, Mechanicsburg, Pennsylvania. Since birth, the child has resided with the fOllowing persons and at the following addresses: PERSONS ADDRESSES DATES Delynn M. Harley 19 W. Locust Street June 18, 1996 to and sUe Harley Apartment B October, 1996 Mechanicsburg, PA David Harris and 804 W. Keller Street October, 1996 to Sharon M. Harris Mechanicsburg, PA Present During the time period when the child resided with David and Sharon Harris, Plaintiff enjoyed regular and continuing periods of visitation and partial physical custody. The Mother of the child is Delynn M. Harley, currently residing at 208 Meadowlake Drive, Downingtown, Chester County, PennsYlvania. She is single. The putative Father of the child is Christian M. LAW OFF/ers SNELOAKER. BRENNEMAN 8: SPARe Smith, currently residing at 25 Rolo Court, Mechanicsburg, Pennsylvania. He is married. -2- LAW Of'l'ICl:8 SNl:LDAKER. Bnl:':NNEMAN 8: SPARE ,"' 6. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: ~ RELATIONSHIP Michael D. Harley Father of Delynn Stepmother of Delynn Barbara M. Harley 7. The relationship of Defendants David and Sharon Harris to the child is that of temporary custodians. Defendants David and Sharon Harris currently reside with Kayla Noel Harley. 8. Plaintiff has not participated as a party or witness or in any other capacity in other litigation concerning custody of the child in this or any other court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff knows of no other person not a party to these proceedings who has a claim to custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: 1) Plaintiff desires to terminate a written agreement to allow Defendants David Harris and Sharon Harris temporary custody of Kayla; and 2) Plaintiff, the child's natural mother, is now prepared to properly provide for the child. A copy of said -3- written agreement for temporary custody is attached hereto as Exhibit A and incorporated herein by reference. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Court grant her custody of her daughter, Kayla Noel Harley. SNELBAKER, BRENNEMAN & SPARE, P. c. Date: February 25, 1998 ,,---..., By: \ P ~l P . S re, squlre 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Delynn M. Harley LAW OFFICtlJ SNl:LDAKER. BRENNEMAN Be SPARE -4- i I I t ri , r i ! i ! l,~ r, ; , , .- - <./ \ .. ~ . . ~"". .. .:/-,;;, ~:'i ' , .,..00.,' ' AND AlJT1ott,:;~~;,,,;~~~ ~~:t.~~~~~~~~ O:.~~X-~~P.mIRF~ WHEREAS, Delynn Harley is a minor who resides with her mother at 19 West Locust S""', A"""",,, B, M''''''''b",.. Fe"""I,,,,,. "" I, !be """"I bllth ..."", of. ""'" child known as Baby Girl Kayla born on June 18, 1996; WHEREAS, Sue Harley is an adult individual who is the mother of the binh mOlher, Delynn Harley, who is the bilth mother for minor child known as Baby Girl Kayla, and Sue Harley is acting as an imennediary wilh respect 10 a proposed adoplion; WHEREAS, David Harris and Sharon Harris, husband and wife, are adult individuals . residing at 804 West Keller Street, Mechanicsburg, Pennsylvania 17055; WHEREAS, the bilth mother of Baby Girl Kayla, and having full possession and rllSr'lrly of Baby Girl Kay/a, desires 10 voluntarily lenninale her parental rights 10 Baby Girl Kayla; WHEREAS, David Harris and Sharon Harris desire 10 adopl Baby Girl Kay/a; and WHEREAS, Ihe palties agree as follows: EXHIDIT II 1. David Harris and Sharon Harris, husband and wife, arc granted tcmporary custody of Baby Girl Kayla while tcrmination procecdings to terminate parental rights to Baby Girl Kayla occur. 2. Said temporary custody of Baby Girl Kayla may be terminated at any time upon written and verbal notice to David Harris and Sharon Harris. 3. Pursuant to this Temporary Custody Agreement, the namral birth mother, Delynn Harley, and her mother, Sue Harley, hereby authorize David Harris and Sharon Harris to obtain or cause t:l be obtained any and all medical treatment, care, or procedures David Harris and Sharon Harris deem to be in the best interest of the minor child known as Baby Girl Kayla, .. On this day of October, 1996, the parties belO\'(, intending to be legally J bound hereby, have hereunto set their hands and seals. _1J2.JL.//Y1"j/l ,f], .{ DEL YNNlHARLEY, Bi (SEA, L) , I ~, J I I ( i , I' f (SEAL) er of Birth Mother ~:;/ - I I _ I , , . //' . I ...........'::?/iV:/' // I ~-< <l . ,,/_, ,./ fH~ON HARRIS, Proposed Adopting Parent \' ad{ ~ ./ ~'LL~lc.(/ l . " ;.0 DA VrD HARRIS, Proposed Adopting Parent (SEAL) (SEAL) EXIJIlH'l' ^ DELYNN M. by SUE A. Guardian, HARLEY, a Minor, HARLEY, her Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1055 CIVIL TERM vs. DAVID HARRIS, SHARON M. HARRIS and CHRISTIAN M. SMITH, CIVIL ACTION - LAW CUSTODY OF MINOR CHYLD Defendants ACCEPTANCE OF SERVICE , I accept service of the Complaint on behalf of CHRISTIAN M. SMITH and certify that I am authorized to do so. March /0 , 1998 J ~GU.-VLCL 0, aLc4-h:vv Laura A. Austin Certified Legal Intern Family Law Clinic The Dickinson School of Law 45 North pitt Street carlisle, PA 17013-2899 ') ,\ , I j i' , ' I, n '0 () ~ CO -n :~.: :"!, "~J r rJ :'1--;.. nir;; :.:u ;n;d ;~:.I1 ':Jm (l~.~ .;:, '10 _r ~j(:, O;::L' "U -'~ ~.... :,',.,' ~:'.: (:. ",- :,.,1(1) '-" ~::,; ~~-':' (';'., .:-["n ~-.; ~~ " :J1 ~. -1 :0 -, -< jr::':'~;~ \\ \\ Ii DEL YNN M. HARLEY, a Minor, by SUE A. HARLEY, her Guardian, PLAINTIFFS V. DAVID HARRIS, SHARON M. HARRIS and CHRISTIAN M. SMITH, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Philip H. Spare, Esquire For Plaintiffs 0~L Edgar B. Bayley, J. f J 98.1055 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of March, 1998, action on the within petition for emergency relief IS DEFERRED pending the recommendation of the conciliator following the conference set for March 31, 1998. j , Family Law Clinic For Defendants Dawn S. Sunday, Esquire Custody Conciliator :saa ~ ~~,Q-3/lq~.~. 1 If " , l( i ,; 'Il '0 f5 <:.9 z :S 0 z Z ~ ~ ~ < -< ~ ~ ~ ::E 0 l!J :i ~ ~ on 0 Z Z u z ifi ~ ~ ~ :;: ~ a. ~ ~ 2 ~ oj co a 0 ~ o! .. a I: ::> 0:: ~ '" ~ <: rJ l!J ( ~ ~ -< al :t ...J U l!J UJ Z ::'E V) DELYNN M. HARLEY, a Minor, by SUE A. HARLEY, her Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 98-1055 CIVIL TERM v. DAVID HARRIS, SHARON M. CIVIL ACTION - LAW HARRIS and CHRISTIAN M. SMITH,: Defendants CUSTODY OF MINOR CHILD PETITION FOR EMERGENCY RELIEF AND NOW, corne the Plaintiffs, Delynn M. Harley, by Sue A. Harley, her Guardian and their attorneys, snelbaker, Brenneman & Spare, P. C., and aver the following: 1. This action was initiated by Complaint filed February 25, 1998, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. By Order of Court dated March 3, 1998, a conciliation conference has been scheduled for March 31, 1998. Given the nature of this case, it is extremely unlikely that a resolution will be reached at a conciliation conference. 2. Petitioner Delynn M. Harley is a minor with a date of birth of July 21, 1980. 3. Petitioner Delynn M. Harley resides at 208 Meadowlake Drive, Downingtown, Chester County, Pennsylvania with her LAW Of'nCI:IS SNELDAKER. BRI!NNCMAN & SPARE father, Michael D. Harley and her stepmother, Barbara M. Harley. 4. Delynn is the mother of a 1 year old daughter, Kayla Noel Harley, born June 18, 1996 at Holy Spirit Hospital in Cumberland County, Pennsylvania. LAW OFFICE:O SHELDAKER, BRENNEMAN 8: SPARE ,"' 5. At the time of Kayla's birth, Delynn was 15 years of age. 6. Defendants David Harris and Sharon Harris were granted temporary physical custody of Kayla by written agreement dated October, 1996, a copy of which is attached hereto as Exhibit B and incorporated herein by reference. 7. Paragraph 2 of the written agreement referenced in the preceding paragraph provides: "Said temporary custody of Baby Girl Kayla may be terminated at any time upon written and verbal notice to David Harris and Sharon Harris." Delynn M. Harley provided verbal notice to David and Sharon Harris of her desire to terminate the temporary custody arrangement during a telephone conversation on February 20, 1998. 8. By letter dated February 26, 1998 to the Harrises' attorney, Richard c. Rupp, Esquire, the Harrises were given written notice that the temporary custody of Kayla has been terminated pursuant to Paragraph 2 of the Agreement. 9. Delynn has demanded the immediate return of her daughter, Kayla Noel Harley. 10. Several weeks ago, the Harrises had agreed to return Kayla to Delynn on February 20, 1998 at 4:00 P.M. 11. The Harrises have failed and refused to return Kayla to her mother. 12. The Harrises failed and refused to allow Kayla to spend time with Sue A. Harley (Delynn's mother and Kayla's maternal grandmother) on Tuesday, February 24, 1998 at 5:00 P.M. as previously promised. -2- 13. Since October, 1996, both Delynn and Sue Harley have enjoyed regular and continuous contact with Kayla in the form of partial physical custody ranging from several hours to entire weekends. 14. The Harrises have recently refused to allow this pattern of regular contact to continue. 15. Delynn is of sufficient maturity and has the necessary support of her family to properly care for Kayla. 16. The Harrises have no legal right to continue to maintain temporary custody in the absence of parental permission. 17. Based upon information and belief, it is averred that an adoption proceeding was initiated by the Harrises in or about November of 1996. Defendants' have received no notice of any proceedings related to the adoption. 18. Delynn's parental rights have not been terminated. The putative father of Kayla, Christian M. Smith, is a party to this action. 1 WHEREFORE, Plaintiffs/Petitioners, Delynn M. Harley and Sue A. Harley, respectfully request your Honorable Court to immediately order and direct David Harris and Sharon M. Harris to immediately return Kayla Noel Harley to her natural mother, -3- I I I, -"'/.' I.. /' ~"9" ,1 f?X. r, :'~; '< ':', //r.:fi{..... '" 'J;" ':;~I ,/ !!DELYNN H. "by SUE A, , i uardian HARLEY, a Minor, HARLEY, her Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9B- )(;55 CIVIL TERM v. !DAVID HARRIS, SHARON M. CIVIL ACTION - LAW i!HARRIS and CHRISTIAN M. SMITH,: !. Defendants CUSTODY OF MINOR CHILD :1 II ORDER '1 ,I I AND NO\~, this ~'3 day of /I}//.((;;' , 199B, upon "consideration of the attached complaint, it is hereby directed .:that the parties and their respective counsel appear before :! ~ )'/1.-'" oS ,-,,,.",,,, A ., ESCj:uire, the conciliator, at !i 3'i I~' .111t.... 5'1-') ~ 11-'//."'<<'("' 1. 'f-r.(' , pennsylvania, on ;,the ,;/ day of ';n,::...'/,. :/, 199B, at I'ct~ olclock ,.::> .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 !jheard 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 '~f a tenporary or permanent order. '1 , " ., , FOR THE COURT, :1 By: /SI !I)~]ttJJ' .::: ~~~ItI;..(a- ,_~Z'd' custody concil~ator'(T~)/,w~ ~he Court of Common Pleas of Cumberland county is required by law :to comply with the Americans with Disabilities Act of 1990. For infornation about accessible facilities and reasonable ilccomnodations available to disabled individuals having business before the court, please contact our office. All arrange~ents muzt be ~ade at least 72 hours prior to any hearing or b~siness before the court. You must attend the scheduled confere~ce or hearing, .'''' '''':C6 S', '.'.u.~,;cn, YOU SHOeLD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF Lee IIAVE A L;;\'IYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE :;ET FORTH BELO\~ TO FIND OUT WHERE '{OU CAN GET LEGAL HELP. ~ . '- ,....... . OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, ~TH FLOOR CARLI SLE, Pr. 1'7 op., 5'11, (717) 240-';200 .. DO rIOT OFFICE 5;l.-..'.l......'~ ~~ ..:.; .~R t: ....... o ~..t -- . . . '..~r:t;t',l / . ,- " EXIIII3I'l' A ,i I :1 I' :1 DELYNN M. 1'1 by SUE A. Guardian I , , I I ;1 :1 Ii :t Ii :1 I :1 I , HARLEY, a Minor, HARLEY, her IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 98- CIVIL TERM v. ('; '," -"J CIVT.L ACTION - UAW .,~ J CUSTODY OF MINOR CHILO ,., ? " :1 ,:lJ .. J -.01 I") " ... DAVID HARRIS, SHARON M. HARRIS and CHRISTIAN M. SMITH,: Defendants :~ COMPLAINT FOR CUSTODY OF MINOR CHILD .- .. .': " -: to" ". AND NOW, comes the Plaintiff, Delynn M. Harley, by her attorneys, Snelbaker, Brenneman & Spare, P. C., and avers the " following cause of action: I 1. Plaintiff, Delynn M. Harley, a minor with a date of i " ~ t ;1 birth of July 21, 1980, resides at 208 Meadowlake Drive, " !I I' Downingtown, Chester County, Pennsylvania. 2. Sue A. Harley, Plaintiff's Guardian is Plaintiff's mother, an adult individual residing at 19 West Locust street, Apartment B, Mechanicsburg, Pennsylvania. d " 3. Defendants, David Harris and Sharon M. Harris, husband and wite, are adult individuals residing at 804 West Keller Street, Mechanicsburg, Pennsylvania. 4. Defendant, Christian M. smith is an adult individual residing at 25 Rolo Court, Mechanicsburg, Pennsylvania. LAW or6l'ICES SI'It.:l.D.\::ER. BR!:'ltl::'"0\:'-; 8: Sr.\RE EXHIBIT A r~ d I, "' [- \i . , written agreement for temporary custody is attached hereto as Exhibit A and incorporated herein by reference. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. I , , ) I: \ WHEREFORE, Plaintiff requests this Court grant her custody ! i ,. l of her daughter, Kayla Noel Harley. SNELBAKER, BRENNEMAN & SPARE, P. c. By: .-. " ,I i?' / t. I hI-I' f" , 4_~"/ .... -~""'--Ito Prrilip H. spare, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for plaintiff Delynn M. Harley Date: February 25, 1998 j ( ....... '.r::<:j, G.'. .t':.,!:R. 1:3rn:....I,......: 7', S.:.P:: -4- EXIIIBI'f A ,"' VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating , . f . to unsworn falsification to authorities. I " Delynn M. Harley i Date: Feb~ua~y 24, 1998 l ;"~ ;:~ ',il I.~.'. -=-Fncrs S~;:_:.\'':!R. Bn:';',E'.'~'1 t.c SF'.1R!: I I .\ i :i I' , ., i " 'I EXHIBIT A ,~' 1. David Harris and Sharon Harris, husband and wife, arc granted temporary custody of Baby Girl Kayla while tennination proceedings to tenninate parental rights to Baby Girl Kayla occur, 2. Said temporary custody of Baby Girl Kayla may be tenninated at any time upon written and verbal notice to David Harris and Sharon Harris. 3, Pursuant to this Temporary Custody Agreement, the natural birth mother, Delynn Harley, and her mother. Sue Harley, hereby authorize David Harris and Sharon Harris to obtain or cause t:> be obtained any and all medical treatment, care, or procedures David Harris and Sharon Harris deem to be in the best interest of the minor child known as Baby Girl Kayla. j On this day of October, 1996, the panies below. intending to be legally bound hereby, have hereunto set their hands and seals. (SEM_) L (SEAL) er of Birth Mother /" /'/ - I I'" / . , , V I. -/ I I ...._~::;fl)./ t}' ,II I ',.... < 1,/ _, (SEAL) ,./ rH~ON HARRIS, Proposed Adopting Parent \X- )';LL~V'.fa, ,,;.0 (SEAL) DA VrD HARRIS. Proposed Adopting Parent EXIIIBI'r B VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein re made subject to the penalties of 18 Pa. C.S. S4904 relating o unsworn falsification to authorities. ate: March I ' 1998 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein re made subject to the penalties of 18 Pa. C.S. S4904 relating o unsworn falsification to authorities. ate: March I ' 1998 ) LAw OFFICES SNI!LOAKER. BRENNEMAN 8: SPARE , :i ~ I Ii I' 1 n to 0 c: 0:0 -n :?' :r.: "Ufn :::J :t:>' . q.! L r~ ::.::l fli:rl ". .lJ '~llii zr- N ~~:: <':1 =11~ Cl ~l:3 :no :1:!3j J"::c' ;;;;(~ ~;l c') ;.....c~ 9? arT1 ." s! ~ :;:J ::0 C1' '< l \ ; , ". 'I . , DELYNN M. HARLEY, a Mino~, by SUE A. A. HARLEY, he~ Gua~dian, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9B-I055 CIVIL TERM . . vs. DAVID HARRIS, SHARON M. HARRIS and CHRISTIAN M. SMITH, Defendants . . CIVIL ACTION - LAW IN CUSTODY OODER OF CXXJRT AND tOi, this .11....1 ~y of ~ 'tctl/ conside~ation of the at"lm-custodY Conciliation and di~ected as follows: lOllB, upon Repo~t, it is o~de~ed 1. The Mothe~, Delynn M. Ha~ley, shall have sole legal and p~imary physical custody of Kayla Noel Ha~ley, born June 18, 1996. 2. The g~adual t~ansfe~ of custody f~om David and Sha~on Ha~~is, the current custodians to the Mothe~ shall be accomplished in acco~dance with the fOllowing schedule: A. During every weekend in Ap~il 1998, the Mothe~ shall have custody of the Child f~om F~iday at 5:30 p.m. until Sunday at 8:00 p.m. The Child shall ~emain in the custody of David and Sha~on Ha~~is fo~ all othe~ times du~ing the month of Ap~il 1998. The Mothe~ shall be ~esponsible to p~ovide t~anspo~tation fo~ the Child to and f~om the ~esidence of David and Sha~on Harris fo~ all exchanges of custody unde~ this subpa~ag~aph. B. Beginning May I, 1998 at 5:30 p.m., the Child shall ~emain in the Mothe~'s p~imary physical custody. C. Beginning Friday, May 8, 1998, David and Sha~on Ha~~is shall have pa~tial physical custody of the Child fo~ one weekend each month beginning on the second Friday of the month f~om F~iday at 7:00 p.m. until the following Sunday at 7:30 p.m. All exchanges of custody unde~ this subpa~ag~aph shall take place at the castle doo~s of Dutch Wonde~land in Lancaste~. 3. In light of the fact that David and Sha~on Harris have been the p~imary ca~etake~s of the Child since Octobe~ 1996, the Mothe~ ag~ees to coope~ate in permitting libe~al telephone contact between the child and David and Sha~on Ha~ris and to permit additional periods of contact as necessary in the Child's best inte~est du~ing the t~ansition pe~iod. 4. Determination as to custody ~ights of Ch~istian Smith, putative fathe~, shall be defe~~ed pending conclusion of the pate~nity testing. 5. This Orde~ is ente~ed pu~suant to an ag~eement of the pa~ties at a CUstody Conciliation Confe~ence. The pa~ties may modify the p~ovisions of this O~de~ by mutual ag~eement. In the absence of mutual '..... . , agreement, the terms of this Order shall control. " BY THE COURT, ~ /C{,J Edgar B. Bayley, J. cc: Philip H. spare, Esquire - Counsel for Mother/maternal grandmother Richard C. Rupp, Esquire - Counsel for David and Sharon Harris Catherine Pearson, Esquire/Laura Austin, Family Law Clinic - Counsel for Christian smith C<~ rr~L 4-/'1/'18. .2>.f. 9. The allegation is a conclusion of law which rcquircs norcsponsc. Thc slatutc speaks for itsclf. 10. Denied on the basis that 'the sllllemcnt is a conclusion of law which rcquircs nu responsc. II. The allegation is a conclusion of law. or legal argumcnt. which requircs no response. To the extent that a response may be appropriale. the Smiths allege Ihat plaintiff's reading of Pa. Rule of Civil Proeedure No, 1915.6 (b) is contl'Hry to the actual language of the rule. Rule No, 1915.6 (b) does not require leave of court for intervention in 1I custody matter. To the contrary, the rule addresses the requirement of the court to notify any party who may have a valid claim for custody of the party's right to intervcne in a pending case. It does not address the procedure to follow when a party wishes to intervene in a pending custody case without receiving notice from the court, but by riling a separatc and subsequcnt cumplaint. 12. The allegation is a conclusion of law which requires no response, To the extent that a response might be appropriate, the Smiths allcge that their intervention is proper because no rule of court required them to seek leave of court to intervene. )3, Admitted. 14, The allegation is a conclusion of law which requires no response. Tu the extent that a response might be appropriate, the conference should not be continued, because the Smiths' method of intervention was proper. Furthermore. the partial custody agreement entered into as a Order of Court was intended to be temporary and another conciliation is necessary to obtain a long-term order giving the Smiths primary legal and physical custody. NEW MATTER 15. Christian M, Smith, Arlin C, Smith. and Sharon L. Smith riled a Complaint for .... Custody of Kayla Noel Harlcy, as allcgcd in paragraph scvcn of Plaintiff's MOlionto Dismiss NOlicc of Irllcrvcntion, 16. Plaintiff's Motion 10 Dismiss Noticc of Intcrvcntion docs not challcngc thc propricty of thc Smiths' Complaint for Custody, Evcn if thc Noticc of Intcrvcntion wcrc dismisscd, thc Complaint for Custody would rcmain in cffcct, and a conciliation would still hc ncccssary. 17. Arlin and Sharon Smith allcgcd grounds inthc Complaint which givc thcm standing under 23 Pa.C.S.A. 5313 to suc for custody of Kayla Nocl Harlcy, 18. Neither Rule 1915.6 (h) nor any other rule addrcsses the proper procedure for the intervention of parties into a pending custody case when they are not given noticc by the court pursuant to Rule 1915,6 and 1915.16. The Smiths' situation differs from the situation contem- plated by Rule 1915.6 (b), in which the court becomes aware of a party who may have a legal claim for custody. This did not happen in the casc of the Smilhs. who filed a Complainl for custody on their own, without a notice from the Court. In any event, neither Rule 1915.6 (b) nor any other relevant rule requires parties in either the situation to seek leave of court. 19, With regard to the Family Law Clinic. Plaintiff's counsel did not comply with local rule 206-2 (c) which required him to seek the concurrence of opposing counsel in his motion. WHEREFORE, Defendants Smith pray that Plaintiff's Motion to Dismiss Notice of Intervention be denied. Respectfully suhmittcd. ~J~ Donald Marritz Slaff Attorney C./JI -\ /1l'l'. II tI/ (/;1_'1/ ~((/,1 ,-__ Marcia M, Ziegle Certitied Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 249-6343 ." flc.. -- c. (' DELYNN HARLEY, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA v. DAVID HARRIS, SHARON M. HARRIS, AND CHRISTIAN M, SMITH Defendants CIVIL ACTION - LAW n ,'~ - IN CUSTODY (' ,,, .'.', -, . . r:, , " -, NO. 98-1055 CIVIL TERM " ", .. , and ARLIN C. SMITH and SHARON L. SMITH, Intervenors NOTICE OF INTERVENTION The Intervenors, Arlin C. Smith and Sharon L. Smith, by their attorneys, the Family Law Clinic, intervene in this action pursuant to 23 Pa. C.S. ~53l3 and respectfully represent that: 1. Intervenors are Arlin C. Smith and Sharon L. Smith, who live at 530 Lavina Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Intevenors are the parents of Defendant Christian M. Smith and the paternal grandparents of the subject child, Kayla Noel Harley, born June 18. 1996. 3. Concurrent with the filing of this Notice. Intervenors and their son. Defendant Christian Smith. have filed a Complaint for Custody, seeking physical and legal custody of Kayla. 4. It is in the best interest of Kayla to be in the legal custody of Christian Smith and Intevenors and for Intervenors to have majority physical custody of Kayla, 5. Intvenors have genuine care and concern for Kayla. c. ~. " c. 6. Intervenors' relationship with Kayla began with the con~ent of both of her parents, 7, Intervenors believe that Kayla's health, safety and welfare havc becn put substantially at risk becausc hcr mother. Plaintiff Harlcy, has subjectcd hcr to lnapproprlatc physical and verbal dlsciplinc. and has abused controllcd substanccs. WHEREFORE, Arlin C. Smith and Sharon L, Smith hcreby givc notice that thcy arc intevenlng in this casc. -I!&(?c(_cff~~. '_~_ Marcia M. Ziegl' r l Student Attorncy FAMILY LAW CLINIC 45 North Pitt Strect Carlisle. PA 17013 717/243-2968 VERIFICATION Understanding that the making of any false statement would subject him or her to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. each of the undersigned certifies that the statements made in the foregoing Notice nre true and correct, to the best of the knowledge and information of each, J<I ,//;,. c -'Y/bJJ;f,f~ 'A~ttcrsmith - \"'. - l' , ".1., ~ 'Sharon L. Smith Dated: December 3, 1998 'I, II ., ./ : ; ,. \'\ , . ,. ." F ,I " Ij FlUJJ..O.:rlC;~ cr -'!.!: :'''',~\~:-..!:'_-':~':)TN;Y (I~ P.~l .;.':; .J; , II Pli 2: sa "U'\,'-" '''' '. , ('.! '\11"1 v \\":...; L .J '._c.~'1.I. I r:a\ 1'~':i'iL.\'/:~'~:J\ ....J.> ,.J;./ " II TRAI\ISACTION . I " . " (i ( I:, , i: REPORT > OJ -08-1999(FRIl 13'08 , " , " " R,E:CE I r,/E:: I I I; ,I, , , ':I , , ,I OESTIN~.TJON , ' , ,8921 t40; OATEI. Tltlr, '1-08 13'<:16 II Ii , :j' i , I' 'il , I " , " " " I ,Ii ,; :r,' I: ';' , !: " d i' I \, 'i, t " t ~T~'110r:_~1____-:'__~':"~~~~~~00-=-~5UL.' __ ' 'I___~~ - I ~l_.~",,-__~~I_~~~~'~~~~_~~_.._ t 3 0.01' 17" i ,Ii i;,: :. j , :1' ,'J!" '., ',1 t !.' ,I : , I.' I', ---,.~---_._--_.~ 'L' ,iI " , i,L! ::. ! :, ~ !. I' , , 'I !; "j- I i' , 'Ii "'j.. ;1'" j I ~ 'I ;'! .. " DEL YNN HARLEY I Plaintiff v. RICHARD AND SHARON HARRIS AND CHRISTIAN SMITH Defendants, and ARLlN AND SHARON SMITH, Intervenors, : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 98-1055 CIVIL TERM CONSENT AND APPROVAL FOR AJ>PEARANCE UNDER J>.n.A.R. 322 I hereby consent to the appearance of Marcia M. Ziegler, a Certit'ied Legal Intern under the supervision of an attorney, in the above-entitled custody proceeding before the Honorable Judge Oler at 8:30 a.m. on Monday, January I I, 1999. Date -1.\ \ \\ '19 '~ C~1~ Arlin S ith ,,' 11 ~,tWl A J1ndil Sharon Smith . As tbe supervising attorney for Marcia M. Ziegler, certified under P.B.A.R. 322, I approve of her appearnnce on behalf of the above-mulled client in the above-named proceeding. Date ; f.~ puJ::. -tJ0 I ~'/. JV-.I~ J..-r- Ifll-' 1 \hM~' JMo b\a~ Nat- DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle. PA 17013 717/243-2968 ~ I- I ... .. .1. , - t '. ...~ DELYNN HARLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD AND SHARON HARRIS AND CHRISTIAN SMITH, Defendants CIVIL ACTION - LAW IN CUSTODY and . . . . ARLIN AND SHARON SMITH, Intervenors : No. 98-1055 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of January, 1999, upon consideration of Plaintiff's Motion To Dismiss Notice of Intervention, and following a hearing on the merits of whether Arlin C. smith and Sharon L. Smith, grandparents of the subject of this custody action, Kayla Noel Harley (d.o.b. June 18, 1996), should be permitted to intervene, the Plaintiff's Motion To Dismiss Notice of Intervention is denied, and Arlin C. smith and Sharon L. smith are granted leave to intervene. NOTHING in this order is intended to represent a ruling that the grandparents would be entitled to physical or legal custody of the child unless it is in the best interest of the child not to be in the custody of either parent, nor a rUling that the conduct alleged in the intervenors' complaint as to the mother rises to the level of conduct placing the child substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness, nor a determination as to fr' whether a potential conflict may exist in the representation the father and grandparents by the same counsel. ~ 23 Pa. C.S. section 5313. \' " 1 of < I; By PHILIP H. SPARE, ESQUIRE 44 W. Main Street Mechanicsburg, PA 17055 For the Plaintiff J: C _ Cot.....'" ,...~C..L I/n/qq, ,oJ. '1'. MARCIA M. ZIEGLER, INTERN DONALD MARRITZ, ESQUIRE Family Law Clinic 45 North pitt Street Carlisle, PA 17013 For Arlin smith, Sharon smith, and Christian smith Dawn sunday, custody Conciliator wcy ;'1, I r) ,.' :~J( I'" ',"....1 .." <,'." (" f l '"It ,..'~ I'" \'(', . ',I t. ........ e!} , ,', ~. .. " . .;',~: \{ . .... FE>l. i ,",i;, , I' 1 i~ ~ i j ;.t~ !fJ f,.\ L 'I' i~ :::r. I ..., ,"" WHEHEI'OIlE, Plaintiff Dolynn M. Harley respectfully requests your Honorable Court to dismiss the Complaint filed by Defendant Christian M. Smith and Intervenors Arlin C. Smith and Sharon L. Smith with prejudice. JJ. ~gDl Insufficiencv of Complaint (Demurrer) 4, 'J'ho 'Jontrol1ing statute, 23 Pa.C.S. S 5313 (b) permits a court to awanl physical and legal custody to the grandparent "[i]1' It 10 In tho best interest of the child not to be in the cuotody 01' olther parent. I' :>. 'I'he Complaint does not aver that it is in the best interest 01' the child not to be in the custody of either parent. 6. The Complaint fails to set forth a cause of action upon which relief can be granted. WHEREFORE, Plaintiff Delynn M. Harley respectfully requests your Honorable Court to dismiss the Complaint filed by Defendant Christian M. smith and Intervenors Arlin C. smith and Sharon L. Smith with prejudice. III. Leanl InSUfficiency of Complaint (Demurrer) 7, It Is belloved and therefore averred that Christian M. LAW orriCk. SNI:LUMClm, DltJtUNHtAtl " BrAnt Smith and hio parents are seeking custody based upon that portion 01' 23 Po.C.S. S 5313(b) which provides that a court may nwnrcl phyoicnl and legal custody to a grandparent where a -2- grandparent "deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness." 8. The Complaint does not aver parental abuse, neglect, drug or alcohol abuse or mental illness which has put the child substantially at risk. 9. The Complaint fails to set forth a cause of action upon which relief can be granted. WHEREFORE, Plaintiff Delynn M. Harley respectfully requests your Honorable Court to dismiss the Complaint filed by Defendant Christian M. smith and Intervenors Arlin C. Smith and Sharon L. smith with prejudice. IV. Motion For a More Specific Pleadinq 10. The Complaint is insufficiently specific in the following respects: a. In Paragraph 15 c) it fails to aver all material facts in support of the conclusory allegation that "Mother has subjected Kayla to inappropriate physical and verbal discipline." b. In Paragraph 15 d) it fails to aver all LAW orP'lc!t8 SNELBAKr:,;R. BRENNEMAN Br: SPARE material facts in support of the conclusory allegation that "Mother has engaged in the unlawful use of controlled substances and thereby put Kayla at risk." -3- tJ. 1~o Inotnncos of insUfficient specificity set forth in tho CorocJolng pnrngrnphs do not accUrately and completely inform tho Plnlntlcc oC tho spocific basis on which relief is sought to onnblo Plnintirr to make n defense. Imlml~FOlm, Plaintiff requests your Honorable Court to diroct DOfondant Christian M. Smith and Intervenors Arlin C. Smith and Sharon L, Smith to file a more specific pleading. v. Failure to Conform With Law or Rule of Court 12. This action Was originally initiated by Plaintiff Dolynn M. Harley filing a Complaint on or about February 25, 1998. 13. A second "Complaint" was filed by Defendant Christian M. Smith on or about October 22, 1998. 14. A third "Complaint" was filed by Defendant Christian M, Smith and Intervenors Arlin C. Smith and Sharon L. Smith on or about December 4, 1998. 15. Filing a Complaint is not a proper response to a Complaint. 16. The Pa. RUles of Civil Procedure do not allow the LAW O""ICU SNELDAKEA, DRtNNr:MAN 8' SPARr: filing of mUltiple Complaints by the various parties to a civil action. -4- I ~ : , , WHEREFORE, Plaintiff, Delynn M. Harley respectfully requests your Honorable Court to strike the "Complaint" filed by Defendant Christian M. smith and Intervenors Arlin C. smith and Sharon L. smith. Respectfully Submitted, SNELBAKER, BRENNEMAN & SPARE, P. C. By: , ~)O~tOJ Ph~Iritfr.~ Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Delynn M. Harley Date: January 13, 1999 -5- ..' CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Preliminary Objections to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Richard C. RUpp, Esquire Rupp & Meikle 355 North 21st Street Camp Hill, PA 17011 Marcia M. Zeigler, Student Attorney Donald Marritz, Esquire, Staff Attorney Family Law Clinic Dickinson School of Law 45 North pitt Street Carlisle, PA 17013-2899 'R-f/.f!&.ESqUire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Delynn M. Harley Date: January 13, 1999 LAW OJl'I"ICES SNELBAKER, BRENNEMAN 8: SPARE , , ; ~ ~, DEL YNN M. HARLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 98-1055 CIVIL TERM v. DAVID HARRIS, SHARON M. HARRIS and CHRISTIAN M. SMITH, Defendants : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this ~ day of r. ILl' ,lJAJ , 2002, upon consideration of the attached Petition for Contempt, it is hereby ~ the parties and their respective counsel appear in Court Room No. ~ of the Cumberland County Courthouse, One Courthouse uare, Carlisle, Cumberland G.~unty, Pennsylvania, on the Bt;L day of LO , 2002, at "J, LJ<:) /.l .M. for a hearing on the matter. Either party may br g the child who is the subject of this custody action to the hearing, but the child's attendance is not mandatory. Failure to appear at the hearing may provide grounds for entry of a temporary or permanent order. BY THE coJ{t: / , J. \ YOU SHOULD TAKE THIS PAPER TO YOUR LAW'(ER 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 DEL YNN M. HARLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 98-1055 CIVIL TERM v. DAVID HARRIS, SHARON M. HARRIS and CHRISTIAN M. SMITH, Defendants : CIVIL ACTION - LAW : CUSTODY PETITION FOR CONTEMPT AND NOW come the Defendants, by and through their attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Petition for Contempt, as follows: 1. Petitioner is Christian M. Smith, who resides at 25 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Arlin and Sharon Smith, residents at 530 Lavina Drive, Mechanicsburg, Cumberland County, Pennsylvania, have petitioned to intervene in a separate but related matter, seeking visitation of their granddaughter, Kayla, through Christian M. Smith's partial custody rights. 3. Respondent is Delynn Harley, who resides at 100 South Filbert Street, Apartment 3D, Mechanicsburg, Cumberland County, Pennsylvania. 4. On December 14,1998, the Honorable Edgar B. Bayley entered an Order, attached and hereby incorporated by reference as Exhibit "A", granting father, Christian M. Smith, partial custody of his biological daughter, Kayla, together with specific visitation rights. 5. Since the entry of said Order, Delynn Harley has willfully failed to obey said Order by failing to allow Christian, Arlln, and Sharon Smith to visit with and obtain weekend custody of Kayla per the Court's Instructions. 6. Harley refuses at all times to allow Christian and Kayla's grandparents to spend time or even speak with Kayla. 7. Petitioner has repeatedly requested visitation rights pursuant to the 1998 Order, but Harley has persistently ignored or denied the request. WHEREFORE, Petitioner prays this Court to adjudge the Respondent in contempt of Court and order compliance with the Order of December 14, 1998, and order Respondent to pay fees and costs associated with this Petition. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. /~FS) By:"~ \ John R. Fenstermacher " Supreme Court 1.0. #29940 --' 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Petitioner DATED: ~ -CIS - O.;L 2 -;, -. , DELYNN M. HARLEY, a Minor, by SUE A. : IN THE CXXlRT OF cnlMCN PLEAS OF HARLEY, her Guardian, Plaintiffs :. aJMBEm.AND CXXlN'1Y, PENNSYLVANIA vs. . . : 00. 98-1055 CIVIL TERM DAVID HARRIS, SHAROO M. HARRIS and atRIS'l'IAN M. SMITH, Defendants . 4 :- CIVIL ACTIOO - LAW : aJS'1a)y CIU>I!R CF <XXIR'l' AND tDol, this I <f- consideration of the attached and directed as follows: day of ~#,_l"h , , 1998, upon Custody ConcJ.rratTcii1'P.eport, it is ordered '1. The prior Or:der of this Court dated April 7, 1998 is vacated and replaced with this Or:der. 2. The Mother, Delynn M. Harley, shall have sole legal and primary physical custody of Kayla Noel Harley, born June 18, 1996. 3. David and Sharon Har:r:is shall continue to have partial physiCal custody of the Child on the second Friday of every mcjhth at 7:00 p.m. until the following Sunday at 7:30 p.m. 4. The Father shall have partial physical custody of the Child during every weekend when David and Sharon Harris do not other:wise have custody, fran Friday at 11:00 a.m. until Saturday at 10:00 a.m., with the exception of the first period of custody on December 4, 1998 which shall begin on Friday at 12:30 p.m. rather than 11:00 a.m. The Father's periods of custody under this provision shall be BUper:viSed by the paternal grandparents and the Child shall sleep overnight during these periods of custody at the paternal grandparents' home. 5. All .exchanges of custody between the Mother and. the Father under this Or:der Clhall take place at the Burger King restaurant on -Ct.mbei:-1and Parkway in Mechanicsburg. 6. Within ten (10) days of the Custody Conciliation Conference 011 ,December 3, 1998, the Mother and the Father--shall each undergo the most extensive drug test available for $200.00 at the drug testing facility selected by David and Sharon Harris. . David and Sharon Har:r:is shall be responsible to pay all costs of the drug testing which shall not exceed $200.00 per test. , 7. All parties shall refrain from doing or saying anything, and shall pr?hibit others from doing or saying anything in the presence of the Child, whJ.ch may estrange the Child from any of the other parties, injure the J"Jon of the Child as to any of the other parties or hinder the free and ::tural developtlent of the Child's love and respect: for any. of the other parties. " '. B. ~is Order is entered (Xlrsuant: to an llgreement of the parties at: II CUstody O?nciliat:ioo Conference. The parties DIllY l/IXlJfy the provisions of this Order-a11.y. by agreement of all parties. In the absence of Agreement: by all parties, the t:et'1n9 of this Order shall control. BY THE CXXlR1', :t1ar~i,;y,~ J. cc: Philip H. Spare, Esquire - Counsel for Mother Richard c. Rupp, Esquire - Counsel for David and Sharon Harris Donald Marritz, Esquire/Marcia M. Zeigler, Family tall Clinic _ Cuunsel for Father TRUE COpy FROM RECORD I" :;.1 m;~'{ '.,h~r~of. I ~fr~ Unt.:; ,at my hand ar.d ,he s::ai ci sa:d Courl at Carlisle, Pa. '(his ..j"I...~,.. day oL..P.8.&~...~, JCI...?.f. - - J.n ..It. ./1. ..\..-e~,v..........._ -.~: . If." .:u.... _ h 'qx/;j.: Prothonotary _ , , I' - f'lIther's counsel is also representing, would seek pr.!marY physical custody ot the child. BIlsed 00 the lack of timely' notice and tho fact that no petition to Intervene ,or Petition for CUstody had yet been filed 00 behalf ot the paternal grandparents, the Mother's counsel c:bjocted at the conference to addressing any of the issues related to the rP.qUOst for prill\uy physical custody by the paternal grani3parents. Peneling the filing of a Petition/CCllplaint by the paternal grandparents for custody, the parties were able to reach an agreement al partial physical custody arrangements for the Father. '111ere was no request at the D::lnference for any change in the existing partial physical custody arrangements for Mr. and Mrs. Harris~ However, the Ilarrises counsel indicated that in light of the new positioo taken by the Father and his parents with respect to custody, the Harrises may file a Petition for primary physical custody of the Child. 4. '111e parties agreed to entry of an Order in the form as attached, with the exception of the Father's request for the Mothl!r's current addreas, which is not addressed in the recannended Order. BIlsed upon safety-related concerns expressed by the Mother at the Conference (and denied by the Father) and the fact that the Father can contact the Mother through the_maternal grandmother, it is not reccmnended. that the Mother be required to provide her address to the Father without a determination by the Court after fact finding. - {U~A f:. 199.;;- Date (a,,~ DaIlTl s. Sunday, Esqulre CUstody Conciliato_~ ~ P lQ. :'") -- C) n , 71 f-; :"-..,.) 'I "1':' r:-.~: - . ',' ~l , g:l!;;., ,== , 8 .-" r", ,", - ....-, 01 (n ,'. ;<; III ..... .:< ;;., () r:::(.) ."1 '. ~ ;.~. . ""'J ~';~ t ) f' ~ ....'::', ;~) (j(n -..J 6'" )..~-.; ;:,-~! - C)' ,'. ~u --I -<. '_1 -< t ...(