HomeMy WebLinkAbout03-1403KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
NICOLE A. EVANS and
CHARLES LANDON SMITH,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
IN CUSTODY
CIVIL TERM
COMPLAINT FOR CUSTODY
Plaintiffs are Kenneth G. Evans and Vera J. Evans, adult individuals currently
residing at 242 West Ridge Street, Carlisle, Cumberland County, Pennsylvania.
Defendant Nicole A. Evans is an adult individual currently residing at 242 West
Ridge Street, Carlisle, Cumberland County, Pennsylvania, (herein after referred to as
"Defendant Evans").
Defendant Charles Landon Smith is an adult individual currently residing at 346 D
Street, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as
"Defendant Smith").
The Plaintiffs are the natural matemal grandparent and Defendants are the natural
parents of one (1) child, namely, Cole Landon Smith, born September 27, 2000.
The child was born out of wedlock.
For the past five (5) years, or since the child's birth, the child has resided with the
following persons at the following addresses for the following periods of time:
NAME
Plaintiffs
Defendant Evans
Defendant Evans
Defendant Smith
Plaintiffs
Defendant Evans
ADDRESS
242 West Ridge Street
Carlisle, PA
131 Center Street
Carlisle, PA
242 West Ridge Street
Carlisle, PA
DATES
February 2002 to
Present
October 2001 to
February 2002
Birth to
October 2001
The natural mother of the child is Nicole A. Evans who resides as aforesaid. She
is single.
The natural father of the child is Charles Landon Smith who resides as aforesaid.
He is single.
The natural maternal grandparents of the child are Kenneth G. and Vera J. Evans
who reside as aforesaid. They are married.
o
The relationship of Plaintiffs to the child is that of natural maternal grandparent. The
Plaintiffs currently reside with the child at issue and Defendant Evans.
o
The relationship of the Defendant Evans to the child is that of natural mother.
Defendant Evans currently resides with Plaintiffs and the child at issue.
The relationship of the Defendant Smith to the child is that of natural father.
Defendant Smith currently resides with his mother, Charmaine Kline-Smith, and her
boyfriend, whose name is unknown.
Plaintiffs have not participated as a party or witness, or in any other capacity in other
litigation, concerning custody of the child.
10.
Plaintiffs have no information of any custody
pending in any Court of this Commonwealth.
proceedings
concerning the child
11.
It is in the best interest and
requested because:
permanent welfare of the child to grant the relief
a)
b)
c)
d)
e)
Plaintiffs have exercised primary physical custody of the child since February
2002 when Respondents brought the child to Petitioner's home.
Defendants voluntarily relinquished legal and physical custody of the child on
June 25, 2002, documented with a signed and notarized Agreement between
the parties, a copy of which is incorporated herein by reference as Exhibit
Despite the fact that Defendant Evans, resides with Plaintiffs, she has
infrequent and limited contact with the child.
Defendant Evans has her driver's license suspended, has been involved in at
least one serious vehicular accident recently and frequents bars on a regular,
almost daily basis.
It is believed that Defendant Smith, has a suspended driver's license or is
otherwise not licensed to operate a vehicle.
Defendants do not have the ability to provide for the child.
g)
h)
i)
J)
k)
I)
m)
n)
Since June 2002, Defendants have had infrequent and limited contact with the
child.
Since June 2002, Defendants have failed to provide financial, physical or
emotional support for the child.
Plaintiffs filed a Complaint for Support and a child support conference was
held on March 27, 2003, during which time Defendants were ordered to pay a
total monthly support obligation in excess of $1000.00 monthly to Plaintiffs
for the support of their child.
Following the support conference, Defendants' counsel, Lindsay Gingrich
Maclay, Esquire, prepared a second document, signed only by Defendants,
indicating their desire to rescind their prior agreement. A copy of said
document is attached hereto and incorporated herein by reference as Exhibit
Defendants have not filed a Complaint for Custody or requested an Order be
signed for the return of the child to their custody.
On March 27, 2003, following the support conference which all parties and
counsel attended, Defendants appeared at the child's day care center, Carlisle
Early Education Center, and demanded that the child be turned over to their
physical custody.
The day care center contacted local law enforcement after Defendants failed
to leave the premises.
Local law enforcement officials allowed Defendants remove the child from
the day care center.
o)
p)
r)
s)
Plaintiffs do not know where Defendants may have taken the child.
Defendants clearly have evidenced their intent to remove the child from the
care of Plaintiffs in an illicit and deceitful manner, and in a manner contrary to
the agreement signed by all parties.
Plaintiffs have acted in loco parentis with regard to the child for a period of
more than one year.
Defendants have shown an inability to provide for the financial, physical, or
emotional needs of the child;
Defendants have demonstrated a lack of interest in the child through their
limited contact and absence of affection;
12.
Plaintiffs do not know any person not a party to these proceedings who claims to have
custody or visitation rights with respect to the child.
WHEREFORE, Plaintiffs requests your Honorable Court to schedule Custody
Conciliation Conference followed by a hearing at which time they should be granted primary
physical custody of the child.
Respectfully submitted,
Mary~atas, V:sqmre
AttornOzjbr Plaintiffs
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
We verify that the statements made in the foregoing document are true and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unswom falsifications to authorities.
DATE:
DATE:
KE~NNETH G. ETVANS, Plaintiff
VERA J. EVANS, Plaintiff
KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
NICOLE A. EVANS and
CHARLES LANDON SMITH,
Defendants
· CIVIL ACTION - LAW
· NO.
· IN CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM
PETITION FOR SPECIAL RELIEF
AND NOW, come Petitioners, Kenneth G. Evans and Vera J. Evans, by and through their
counsel of record, Marylou Matas, and petitions the Court as follows:
1. Petitioners are the above named Plaintiffs, Kenneth G. Evans and Vera J. Evans, adult
individuals currently residing at 242 West Ridge Street, Carlisle, Cumberland
County, Pennsylvania.
2. Respondent is the above named Defendant, Nicole Evans, an adult individual
currently residing at 242 West Ridge Street, Carlisle, Cumberland County,
Pennsylvania.
3. Respondent is the above named Defendant, Charles Landon Smith, an adult
individual currently residing 346 D Street, Carlisle, Cumberland County,
Pennsylvania.
4. The Respondents are the natural parents of one child, namely, Cole Landon Evans,
born September 27, 2000
5. Contemporaneously with filing this Petition for Special Relief, Petitioners have filed
a Complaint for Custody requesting primary legal and physical custody of the child at
issue.
o
o
o
o
10.
11.
12.
13.
14.
15.
Petitioners have exercised primary physical custody of the child since February 2002
when Respondents brought the child to begin residing with Petitioners.
Respondents voluntarily relinquished legal and physical custody of the child on June
25, 2002, documented with a signed and notarized Agreement between the parties, a
copy of which is incorporated herein by reference as Exhibit "A."
Despite the fact that Respondent, Nicole Evans, resides with Petitioners, Respondent
has infrequent and limited contact with the child.
Respondent, Nicole Evans, has her driver's license suspended, has been involved in at
least one serious vehicular accident recently and frequents bars on a regular basis.
It is believed that Respondent, Charles Landon Smith, has a suspended driver's
license or is otherwise not licensed to operate a vehicle.
Respondents do not have the ability to provide for the child.
Since June 2002, Respondents have had infrequent and limited contact with the child.
Since June 2002, Respondents have failed to provide financial, physical or emotional
support for the child.
Petitioners filed a Complaint for Support and a child support conference was held on
March 27, 2003, during which time Respondents were ordered to pay a total monthly
support obligation in excess of $1000.00 monthly to Petitioners for the support of
their child.
Following the support conference, Respondents' counsel, Lindsay Gingdch Maclay,
Esquire, prepared a second document, signed only by Respondents, indicating their
16.
17.
18.
19.
20.
21.
22.
23.
desire to rescind their prior agreement. A copy of said document is attached hereto
and incorporated herein by reference as Exhibit "B."
Respondents have not filed a Complaint for Custody or requested an Order be signed
for the return of the child to their custody.
On March 27, 2003, immediately following the support conference where all parties
and counsel attended, Respondents appeared at the child's day care center, Carlisle
Early Education Center, and demanded that the child be turned over to their physical
custody.
The day care center contacted local law enforcement aiter Respondents failed to leave
the premises.
Local law enforcement officials allowed Respondents to remove the child from the
day care center.
Petitioners do not know where Respondents may have taken the child.
Respondents clearly have evidenced their intent to remove the child from the care of
Petitioners in an illicit and deceitful manner, and in a manner contrary to the
agreement signed by all parties.
Petitioners have acted in loco parentis with regard to the child for a period of more
than one year and, more specifically, under authority of Respondents written consent.
Petitioners are concemed that without a Court Order providing them with primary
physical custody, which they have had for nearly one year, Respondents will continue
to attempt to physically restrain the child to their physical custody by refusing contact
between the child and Petitioners and by not allowing the children to attend daycare,
all in an effort to avoid financial obligations of child support.
24. In the event a Temporary Order is not entered in this matter, it is anticipated that
Respondents will continue to restrain the child against his will creating severe conflict
between Petitioners and Respondents and subjecting the child to an unstable
environment.
25. The entry of the within Order of Court will maintain the status quo pending further
proceedings in this matter.
26. Counsel for Respondents, Lindsay Gingrich Maclay, Esquire, has been advised of the
filing of this Petition at this time.
WHEREFORE, Petitioners request your Honorable Court to enter an Order providing
Petitioners with temporary primary legal and physical custody of the child pending further Order
of Court or agreement of the parties.
Respectfully submitted,
Mai'yka~as, Esquir~~ '
Attorney fo~Plaintiff/Petitioners
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
We verify that the statements made in the foregoing document are true and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE:
DATE:
VERA J. EVANS, Plaintiff
AGREEMENT TO TRANSFER CUSTODY
WHEREAS, the below signed parties hereby voluntarily enter into this
Agreement and its terms as follows:
1. Cole Landon Smith is a minor who was born on September 27, 2000.
2. Cole Landon Smith's Social Security Number is 162-80-0767.
3. Nicole Annette Evans of 131 Center Street, Carlisle, Cumberland County,
Pennsylvania is the natural mother of Cole Landon Smith.
4. Charles Landon Smith of 131 Center Street, Carlisle, Cumberland County,
Pennsylvania is the natural father of Cole Landon Smith.
5. Vera J. Evans and Kenneth G. Evans of 242 West Ridge Street, Cra-lisle,
Cumberland County, Pennsylvania are the maternal grandparents of Cole
Landon Smith.
6. It is the will and intent of Nicole Annette Evans and Charles Landon Smith, as
natural parents, to transfer legal and physical custody of Cole Landon Smith
to Vera J. Evans and Kenneth G. Evans.
7. It is the will and intent ofVera J. Evans and Kenneth G. Evans, as maternal
grandparents, to accept legal and .physical custody of Cole Landon Smith from
Nicole Annette Evans and Charles Landon Smith.
AS 13N-DICATI~D BY THE SIGNATURF_S BELOW, each party affirms
that they have read this agreement carefully and agrees to abide by each and every term
contained in the agreement.
J Notarial Seal
~ Chareno Y. Morrlson, Notary Public
~ -~'zthMiOdletonTwp. CurnbedandCounty
M~._~_~ission Expires Feb. 22, 2005
Member, Pannsylvania Association of Notades
Date
Charles Landon Smith
Date
Vera J. EvarJs
I¢.enneth G. Evans
Date
Date
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNI~YS*AT.LAW
26 W. High Street
Carlisle, PA
RESCISSION OF AGREEMENT TO TRANSFER CUSTODY OF
COLE LANDON SMITH, A MINOR
AND NOW, this 27a' day of March, 2003, the parties signing below hereby rescind
the Agreement to Transfer Custody of June 25, 2002, and in support thereof aver as follows:
1. Nicole Annette Evans (hereinafter "Natural Mother"), of 242 West Ridge
Street, Carlisle, Cumberland County, Pennsylvania, is the natural mother of Cole Landon
Smith.
2. Charles Landon Smith (hereinafter "Natural Father"), of 346 D Street,
Carlisle, Cumberland County, Pennsylvania, is the natural father of Cole Landon Smith.
3. Cole Landon Smith (hereinafter "Child"), is a minor whose date of birth is
September 27, 2000.
4. From the Child's birth until March 2002, the Natural Mother and/or Natural
Father lived with the Child.
5. In March 2002, the Natural Mother and Natural Father had a falling out and
Natural Mother decided to move home with Child to her parents' house.
6. Natural Mother's parents are Kenneth G. Evans mad Vera J. Evans
(hereinafter "Grandparents"), who live at 242 West Ridge Street, Carlisle, Cumberland
County, Pennsylvania.
7. During this tumultuous period between Natural Mother and Natural Father,
the Natural Parents thought it to be in Child's best interest to remain with Grandparents in a
stable environmem.
8. During this time, Natural Parents would spend time with Child and act as
caregivers for Child.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORI~Y$~AT~LAW
26 W. High Street
Carlisle, PA
9. In or about May 2002, Grandparents approached Natural Parents and asked
them to allow Grandparents to adopt Child. Natural Parents refused said request, stating
that they wanted to remain as Child's primary care-givers.
10. In June of 2002, Grandparents approached Natural Parents and asked them to
sign a document allowing Grandparents to obtain health insurance on Child and to be able
to obtain emergency medical care for Child in the event that he would need same.
11. Natural Parents agreed to sign a document (hereinafter "June 25, 2002
Agreement"), giving Grandparents these limited abilities.
12. Grandparents did not allow Natural Parents to read the June 25, 2002
"Agreement" until right before Natural Parents signed same.
13. When Natural Parents read the June 25, 2002 "Agreement," they questioned
Grandparents as to whether the "Agreement" gave Grandparents only those rights which
they had previously discussed.
14. Grandparents assured them that by signing the "Agreement," Natural Parents
were only giving Grandparents the ability to claim Child on their health insurance and the
ability to acquire emergency medical care, in the event that same was needed.
15. Grandparents further assured Natural Parents that they (Natural Parents)
would still be able to see Child and act as his parents.
16. Natural Parents then signed the "Agreement" on Grandparents'
representations.
17. Natural Mother continued to exercise visitation with Child and to act as
Child's mother when she was with the Child.
18. Due to extenuating circumstances, Natural Father would see Child when he
could.
SAIDIS
SHUFF, FLOWER
& LINDSAY
A~rORNEYSsATsLAW
26 W. High Street
Carlisle, PA
19.
act as Child's parents.
20. In December 2002,
Child.
21.
moved back in with Grandparents and Child.
22.
and/or duties.
23.
In December 2002, Grandparents began to refuse to allow Natural Parents to
Grandparents refused to allow Natural Father to see
In December 2002, Natural Mother, in an attempt to exercise parental rights,
Grandfather refused to allow Natural Mother to exercise parental rights
From December 2002 through the present, Grandparents have treated Child
like a piece of chattle and have refused to allow the Child' s Natural Father to see Child and
have refused to allow Natural Mother to exercise her parental duties and responsibilities.
24. It is now the will and intent of Nicole A. Evans and Charles L. Smith, as
Natural Parents of the Child, to rescind the transfer of legal and physical custody of Cole
Landon Smith to Kenneth G. and Vera J. Evans.
25. It is now the will and intent of Nicole A. Evans and Charles L. Smith, as
Natural Parents of the Child, to exercise their legal right to parent their Child and to regain
physical and legal custody of said Child.
AS VERIFIED BY THE SIGNATURES BELOW, each party hereto affirms that
they have read this Rescission and verify each statement made herein, and further agree to
abide by the terms of this Rescission.
Nicole A. Evans, Natural Mother
Charles L. Smith, Natural Father
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYS-AT.LAW
26 W. High Street
Carlisle, PA
STATE OF PENNSYLVANIA ·
COUNTY OF CUMBERLAND ·
On this, the 27th day of March, 2003,before me the undersigned officer, personally
appeared Nicole A. Evans and Charles L. Smith, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument and acknowledged that she
executed the same for the purposes therein contained.
WHEREO I have here ~o set my hand and official seal.
NOTARIAL SEAL
RENEE L. MURRAY, Notary Public
~', Carll,s,l,e,.,Boror_, C~erland Co, PA
...r.o...m..m....,s.'r,' :xr,!,',..
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEY$,AT,IAW
26 W. High Street
Carlisle, PA
VERIFICATION
I verify that the statements made in this Rescission of Agreement to Transfer Custody of
Cole Landon Smith, a Minor, are true mad correct. I understmad that false statements herefla are
made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to
authorities.
Dated:
Charles L. Smith, Natm-al Father
VERIFICATION
I verify that the statements made in tlzis Rescission of Agq'eement to Transfer Custody of
Cole Landon Smith, a Minor, m-e true and correct. I understand that false statements herein m'e
made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to
authorities.
Nicole A. Evans, Natural Mother
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTOENEY$*ATsLAW
26 W. High Street
Carlisle, PA
KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
Vo
NICOLE A. EVANS and
CHARLES LANDON SMITH,
Defendants
· IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA'' 2
· CIVIL ACTION - LAW
· NO. d3- ,dd/~,.~ CIVIL TERM
· IN CUSTODY
ORDER OF COURT
AND NOW, this '~2-'~1, day of ~h~ , 2003, upon presentation and
consideration of the within Petition for Special Relief, IT IS HEREBY ORDERED AND
DIRECTED that the above named Plaintiffs/Petitioners shall have primary physical and legal
custody of the child, namely, Cole Landon Smith, born September 27, 2000, pending further
Order of Court or agreement of the parties.
curdy ' ' : · ·
BY T~~
J.
Marylou Matas, Esquire
Attorney for Plaintiffs
Lindsay Gingrich Maclay, Esquire
,4ttorney for Defendants
Cc:
KENNETH G. EVANS AND VERA J. EVANS
PLAINTIFF
NICOLE A. EVANS AND CHARLES LANDON
SMITH :
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-1403 CIVIL ACTION LAW
IN' CUSTODY
,ORDER OF COURT
AND NOW Thursday, April 03, 2003 _, upon consideration, of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jaequeline M. Vernev, Esq. ~, the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 06, 2003 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to al313ear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearing.
FOR THE COURT,
By: /s/
]acqueline M. Verney, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For inibrmation about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
SAIDIS
SI'RIFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
NICOLE A. EVANS and
CHARLES LANDON SMITH,
Defendants
No. 2003-1403 (Civil Term)
CiVIL ACTION - LAW
(in Custody)
PRAECIPE OF WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Date:
Please Withdraw my Appearance on behalf of Defendant, Charles Landon Smith, in
the above-captioned matter.
Attorney I.DT'. 87954
SAIDIS, SHUFF, FLOWER & LiNDSAY
26 West High Street
Carlisle, Pennsylvania 17013
('717) 243-6222
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARy:
Please Enter my Appearance, Pro Se, in the above-captioned matter.
Date:_
Charles Landon Smith
PRO SE
346 D Street
Carlisle, Pennsylvania 17013
, UL 1 0 zOO3
KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
NICOLE A. EVANS and
CHARLES LANDON SMITH,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003-1403 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
ORDER OF COURT
ANDNOW, this [~ dayof '~_ ,4A~ ,2003, upon
consideration of the attached Custody Conci~ti~n Rep[rt, it is ordered and directed as
follows:
1. The prior Order of Court dated March 27, 2003 is hereby vacated.
2. The maternal Grandparents, Kenneth G. Evans and Vera J. Evans, the
Mother, Nicole A. Evans, and the Father, Charles Landon Smith, shall have shared legal
custody of Cole Landon Evans, born September 27, 2000. Each party shall have an equal
right, to be exercised jointly with the other parties, to make all major non-emergency
decisions affecting the Child's general well-being including, but not limited to, all
decisions regarding his health, education and religion.
3. The maternal Grandparents shall have primary physical custody of the
Child.
4. Mother shall have periods of partial physical custody as agreed by the
maternal Grandparents and Mother.
5. Father shall have a periods of partial physical custody as follows:
A. Beginning July 18, 2003, alternating weekends from Friday at 4:00
p.m. to Sunday at 7:00 p.m.
B. Every Tuesday from 4:00 p.m. to 7:00 p.m.
C. Such other times as the parties agree.
6. Father shall be responsible for all transportation.
7. Father shall enroll in a parenting class as soon as practicable.
8. Mother shall enroll in a parenting class and obtain a drug and alcohol
evaluation and follow the recommendations thereof as soon as practicable.
9. Neither parent shall partake in illegal drugs or alcohol immediately before or
during their periods of custody.
10. In the event that Father is in need of a babysitter for more than three hours
during his period of custody, he shall notify the maternal grandparents in a timely fashion
so that they may have the opportunity to care for the Child.
11. This Order is entered pursuant to a Custody Conciliation Conference. The
parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control. Another Conciliation Conference is
scheduled for October 2, 2003 at 8:30 a.m.
Edgar B. Bayley, '~ ~
cc: Marylou Matas, Esquire, Counsel for maternal Grandparents
Nicole A. Evans, pro se
242 West Ridge Street
Carlisle, PA 17013
Charles Landon Smith, pro se
346 D Street
Carlisle, PA 17013
KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
NICOLE A. EVANS and
CHARLES LANDON SMITH,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
_.
: 2003-1403 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH CURRENTLY IN CUSTODY OF
Cole Landon Evans
September 27, 2000
Maternal Grandparents
2. A Conciliation Conference was held in this matter on July 8, 2003, with
the following individuals in attendance: the paternal Grandparents, Kenneth G. Evans and
Vera J. Evans, with their counsel, Marylou Matas, Esquire, the Mother, Nicole A. Evans,
pro se and the Father, Charles Landon Smith, pro se.
3. The Honorable Edgar B. Bayley entered an Order of Court dated March
27, 2003 granting primary physical and legal custody to the maternal Grandparents.
4. The parties agreed to the entry of an Order in the form as attached.
Date
Custody Conciliator
SAIDIS
SHUFF, FLOWER
& LINDSAY
26W. High Street
Carlisle, PA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
NICOLE A. EVANS and
CHARLES LANDON SMITH,
Defendants
No. 2003-1403 (Civil Term)
C1VIL ACTION - LAW
(In Custody)
PETITION OF DEFENDANTS' NICOLE A. EVANS'~ COUNSEL OF RECORD
FOR LEAVE TO WITHDRAW
AND NOW, this I~q'~ day of July, 2003, comes Petitioner, Lindsay Gingrich
Maclay, Esquire, of Saidis, Shuff, Flower & Lindsay, and files this Petition and in support
thereof avers as follows:
1. Petitioner, Lindsay Gingrich Maclay, Esquire, of the law firm Saidis, Shufl;
Flower & Lindsay, is the attorney of record for Defendant, Nicole A. Evans, with regard to
the above-referenced matter.
2. Petitioner, Lindsay Gingrich Maclay, Esquire, at the commencement of
representation, informed both Defendants that in the event that their interests were no longer
aligned, Petitioner would be forced, ethically, to withdraw representation of both
Defendants.
3. Petitioner, Lindsay Gingrich Maclay, Esquire, learned from both
Defendants, individually, that Defendant Nicole Evans' interests were no longer aligned
with Defendant Charles Landon Smith's interests.
4. At the time of learning of this divergence in interests, Petitioner, Lindsay
Gingrich Maclay, Esquire, informed each Defendant, individually, that Petitioner would no
longer be able to represent either Defendant with regard to the above-referenced matter.
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Streel
Carlisle. PA
5. Petitioner, via correspondence, requested that each Defendant execute an
enclosed Withdrawal of Petitioner's Appearance and Enter their Appearance Pro Se.
6. Defendant, Charles Landon Smith, executed and returned his Praecipe to
Enter his Appearance, which was subsequently filed 'with the Court.
7. Petitioner, Lindsay Gingrich Maclay, Esquire, has given Defendant, Nicole
A. Evans, ample notice and opportunity to obtain alternate counsel or execute the Praeceipe
to Withdrawal and Enter; however, to date, she has not done so.
8. The interests of Defendant Nicole A. Evans and Defendant Charles Landon
Smith are now divergent and, as such, Petitioner's ongoing representation of either
Defendant would be in violation of Rule 1.7 of the Pennsylvania Rules of Professional
Conduct.
9. Opposing counsel, Marylou Matas, Esquire, is not opposed to Petitioner's
request to be removed as counsel.
WHEREFORE, Petitioner, Lindsay Gingrich Maclay, Esquire, requests this
Honorable Court grant Petitioner Leave to Withdraw her Appearance on behalf of
Defendant, Nicole A. Evans, in the above-referenced :matter.
Date: ~¢d~)~ ~ 1200~ By:
Respectfully Submitted,
SAIDIS, SHUFF, FLOWER &~
~'~eYyi.'D~. 'N-o. 8~7~]~y'Esq~i~
26 West High Street
Carlisle, Pennsylvania 17013
(717) 243-6222
SAIDIS
SHUFF. FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
CERTIFICATE OF SERVICE
I, Lindsay Gingrich Maclay, Esquire, hereby certify that on July 15, 2003, I served a
certified Tree and Correct copy of the Petition of De~'endants' Nicole A. Evans', Counsel of
Record for Leave to Withdraw, on the below-listed parties, by depositing same in the
United States Mail, First Class, postage pre-paid, addressed as follows:
Nicole A. Evans
242 West Ridge Street
Carlisle, Pennsylvania 17013
Marylou Matas, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
,Carlisle, Pennsylvania 17013
Jacqueline M. Vemey, Esquire
44 South Hanover Street
Carlisle, Pennsylvania 17013
Date:
~(~i~dsay Girlq~ich Mhclay, Esqt~ire ~
Attorney I.D. No. 87954
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle, Permsylvania 17013
(717) 243-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
26W. High Street
Carlisle, PA
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
NICOLE A. EVANS and
CHARLES LANDON SMITH,
Defendants
No. 2003-1403 (Civil Term)
CIVIL ACTION - LAW
(In Custody)
ORDER ALLOWING WITHDRAWAL OF COUNSEL
AND NOW, this ~.~ day of ~ , 2003, upon consideration of
.X
the Petition of Defendant, Nicole A. Evans', counsel of record for Leave to Withdraw, it is
hereby ORDERED and DECREED that said Petition is GRANTED and that Petitioner,
Lindsay Gingrich Maclay, Esquire, be permitted to Withdraw her Appearance of Record for
Defendant, Nicole A. Evans, in the above-referenced matte~'~/
SAIDIS
SHUFF, FLOWER
& LINDSAY
26W. High Street
Carlisle, PA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
NICOLE A. EVANS and
CHARLES LANDON SMITH,
Defendants
No. 2003-1403 (Civil Term)
CIVIL ACTION - LAW
(In Custody)
PRAECIPE TO WITHDRAW APPEARANCE
To the Prothonotary:
AND NOW, this ~ ~Jt'/day of ~.~, 2003, please withdraw the
appearance of the Law Finn of Saidis, Shuff, Flower & Lindsay as the a~tomey of record
for Defendant, Nicole A. Evans. A true and correct copy of the Order Allowing Withdrawal
of Counsel is attached hereto, incorporated herein by reference and marked a! Exhibit "A".
By:
SAIDIS~. SHUFF, FLOWER & LiNDSAY
(-f~dsay Ging(~c'fi M~lay, Est uire d
Supreme Ct. I.D. # 87954
26 West High Street
Carlisle, PA 17013
Phone: (717) 243-6222
V~EL,~ ·
I, Io. 2003-t403 (,C~vil Term)
c~iiL $cTION - LAW
~ ~OW, t~s ~ day of , · ~recor4 for L~a~e to Web&aw, ¢ ts
eTtt~o~ f efe~d~t, ~kcole ~. Evans, c'°~sm u~ . ..
--~D and DEC~ · · her ~oPem~c?~ec°ra
hereby O~b~ . ~ ~e~i~ed to W~th~aw
LkndsaY GmgnCn ~r~ ~ aboVe-referenced tugger'
Defender, Ntcoie ~' Ev~s, in the
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
CERTIFICATE OF SERVICE
E that ~'~/~ }t~
I,
Lindsa,/
Gingrich
Macla¥,
squire, certify on ~ day of/~___~, 2003,
I served a tree and correct copy of the within PRAECIPE TO WlTItDRAW APPEARANCE on the
below-named parties, by depositing same in the United States mail, firs~ class, postage
prepaid, addressed as follows:
Jacqueline M. Vemey, Esquire
44 South Hanover Street
Carlisle, Pennsylvania 17013
Marylou Matas, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, Pennsylvania 17013
Miss Nicole A. Evans
242 West Ridge Street
Carlisle, Pennsylvania 17013
By:
SAIDIS, SHUFF~ FLOWER & LIN
C~Lin0say-Gin-gg~l~ Macl~y, Esqui
DSAY
OCT 0 2 2003
KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
NICOLE A. EVANS and
CHARLES LANDON SMITH,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-1403 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
consideration of the attached] Custody Concilia~tl~n Repori, it is ordered and directed as
follows:
1. The prior Order of Court dated July 14, 2003 is hereby vacated.
2. The maternal Grandparents, Kenneth G. Evans and Vera J. Evans, and the
Mother, Nicole A. Evans, shall have shared legal custody of Cole Landon Evans, bom
September 27, 2000. Each party shall have an equal right, to be exercised jointly with the
other parties, to make all major non-emergency decisions affecting the Child's general
well-being including, but not limited to, all decisions regarding his health, education and
religion.
Child.
The matemal Grandparents shall have primac.~ physical custody of the
4. Mother shall have periods of partial physical custody as agreed by the
maternal Grandparents and Mother.
5. Mother shall enroll in a parenting class and ohtain a drug and alcohol
evaluation and follow the recommendations thereof as soon as practicable.
6. Neither parent shall partake in illegal drugs or alcohol immediately before
or during their periods of custody.
7. This Order is entered pursuant to a Custody Conciliation Conference. The
parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE.~COURTJ/,,~
Edgar B. Bayley,
cc'~arylou Matas, Esquire, Counsel
~lq~cole A. Evans, pro se
242 West Ridge Street
Carlisle, PA 17013
~4~harles Landon Smith, pro se
Cumberland County Prison
1101 Claremont Drive
Carlisle, PA 17013
for maternal Grandparents
KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
NICOLE A. EVANS and
CHARLES LANDON SMITH,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
_-
: 2003-1403 CIVIL TERM
:
: CIVIL ACTION - LAW
..
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, thc undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH CURPd2NTLY 1N CUSTODY OF
Cole Landon Evans
September 27, 2000
Matemal Grandparents
2. A Conciliation Conference was held in this matter on October 2, 2003,
with the following individuals in attendance: the maternal Grandparents, Kenneth G.
Evans and Vera J. Evans, with their counsel, Marylou Mataxs, Esquire, and the Mother,
Nicole A. Evans, pro se. The Father, Charles Landon Smith, was not present. It was
reported that he was in the Cumberland County Prison on a probation/parole violation. It
was further reported that he may not be released until October, 2004.
3. The Honorable Edgar B. Bayley entered an Order of Court dated July 14,
2003 granting shared legal custody to all parties, primary physical custody to the
maternal Grandparents, with Mother having periods of partial physical custody as agreed
and Father having partial physical custody on alternating weekends and one evening per
week.
Order in the form as attached.
Date
The parties present at the Conciliation conference agreed to the entry of an
~,~cqt~eline M. Vemey, Esquire
Custody Conciliator
KENNETH G. EVANS and
VERA J. EVANS,
Plaintiffs
V.
NICOLE &. EVANS and
CHARLES LANDON SMITH
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
N
: CIVIL ACTIO - LAW
:NO. 2003-1403 - CIVIL TERM
: IN CUSTODY
WITHDRAWAL OF APPEARANCE
Please withdraw my appearance in the above-captioned matter on behalf of the Plaintiffs,
Kenneth G. Evans and Vera J. Evans.
Respectfully submitted,
ire
200 North Hanover Street
Carlisle, PA 17013
ENTRY OF APPEARANCE
Please enter my appearance in the above-captioned matter on behalf of the Plaintiffs,
Kenneth G. Evans and Vera J. Evans.
Respectfully submitted,
Dated:
Mark A. Mateya,
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500