Loading...
HomeMy WebLinkAbout03-1515 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID A. SMYTH, Plaintiff VS. CHRISTINE M. FRATER, Defendant CIVIL ACTION - LAW No. 03-1515" IN CUSTODY o COMPLAINT FOR CUSTODY The Plaintiff is David A. Smyth, presently residing at 455 Hunters Road, Newville, Cumberland County, Pennsylvania 17241. The Defendant is Christine M. Frater with last known residence at 80 Potatoe Road, Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Kaitlynn J. Frater 455 Hunters Road 6 months Cumberland County DOB 8-12-02 Newville, PA 17241 The child was not bom outside the bonds of matrimony. The child is presently in the custody of Kathy Osler, who resides at 734 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. During the past five years, the child has resided with the following persons and at the following addresses: NAME Kathy Osler and Christine M. Frater ADDRESS 734 Walnut Bottom Road Shippensburg, PA 17257 DATE 8-12-02 (DOB) to 9-12-02 Anna Rohm and Christine M. Frater 57 Tabor Road Newburg, PA 17240 9-12-02 to 11-12-02 WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG. PA 17257-1397 o David A. Smyth Twila P. Smyth Joshua S. Harrington Jeremy J. Harrington Heather Stets and 455 Hunters Road Newville, PA 17241 11-12-02 to 2-1-03 Kathy Osier 734 Walnut Bottom Road Shippensburg, PA 17257 2-1-03 to Present The mother of the child is Christine M. Frater with last known residence at 80 Potatoe Road, Carlisle, Cumberland County, Pennsylvania 17013. She is single. The father of the child is David A. Smyth, currently residing at 455 Hunters Road, Newville, Cumberland County, Pennsylvania 17241. He is married. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: NAME Twyla P. Smyth Joshua S. Harrington Jeremy J. Harrington Heather Stets RELATIONSHIP wife son son unrelated The relationship of Defendant to the child is that of mother. Plaintiff believes that the Defendant currently resides with no other person. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court Plaimiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff knows 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: Kathy Osler, 734 Walnut Bottom Road, Shippensburg, PA 17257 The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is the natural father of the child; Plaintiff is better suited to care for the child; and WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KIN6 STREET --SHIPPENSBURG. PA 17257-'~397 o Do Defendant does not desire to have custody of the child but is attempting to prevent Plaintiff from exercising any custody. Defendant relinquished custody of the child to Kathy Osler, who is unrelated to the child. Defendant uses illegal drags and abuses alcohol. Defendant is only nineteen (19) years old and lacks the maturity to exercise custody. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NAME Kathy Osier ADDRESS 734 Walnut Bottom Road Shippensburg, PA 17257 BASIS OF CLAIM Physical custody WHEREFORE, Plaintiff requests the Court to grant both legal and primary physical custody of the minor child to the Plaintiff. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., ~squire Attorney for Plaintiff I.D.# 49634 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA 17257-4397 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Dated: DAVID A. SMYTH ~ WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA 17257-1397 DAVID A. SMYTH PLAINTIFF Vo CHRISTINE M. FRATER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1515 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 08, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilr0Y, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 08, 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, andto 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Sl~eeial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. G4lroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to con, ply with the Americans with Disabilites Act of 1990. For information about accessible facilities and!reasonable accommodations available to disabled individuals having business before the court, plea~se 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 SHERIFF'S RETURN - REGULAR CASE NO: 2003-01515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAi~D SMYTH DAVID A VS FRATER CHRISTINE M DAWN KELL , Cumberland County, Pennsylvania, says, the within COURT ORDER FRATER CHRISTINE M DEFENDANT , at 2028:00 HOURS, at 106 MONTSER3t ROAD CARLISLE, PA 17013 RYAN SWARTZ, LANDLORD, a true and attested copy of COURT ORDER Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 9th day of June , 2003 by handing to ADULT IN CHARGE OF RESIDENCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this ~ ~ day of ~. ~ ! Prothonotary So Answers: R. Thomas Kline 06/09/2003 Deputy Sheriff David A. Smyth, Plaintiff VS. Christine M. Frater, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY PENNSYLVANIA NO. 03- 1515 CB/IL TERM IN DIVORCE PETITION TO DISMISS FOR LACK OF STANDING AND TO VACATE THE COURT ORDER Petitioner, Christine M. Frater, by and through her counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant, hereinafter referred to as the mother, who resides at 106 Montsera Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is the above-named Plaintiff, hereinafter referred to as the plaintiff, who resides at 455 Hunters Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff filed a complaint for custody and a conciliation conference was held on May 8, 2003 in spite of the fact that the mother had not been served with notice of the conference. Upon the recommendation of the conciliator and without the input of the mother that Plaintiff was not the biological or legal father, the court entered a order granting Plaintiff and the mother shared legal and physical custody of the child. 4. The mother is the biological parent of the child, Kaitlynn J. Frater, who was bom on August 12, 2002. 5. The plaintiff is the mother's former babysitter. 6. The plaintiff lacks the capacity to sue for the following reasons: a. The plaintiff is not the biological or legal father of the child. b. The plaintiff never had a sexual relationship with the mother c. The plaintiff never acted in loco parentis because he was simply the mother's former babysitter. d. Despite the fact that the plaintiff was not the child's biological father, he requested that the mother put his name on the child's birth certificate, and the mother denied him since he was neither the father nor had he ever acted in the place of the father. e. The mother never privately nor publicly declared that the plaintiff is the biological father of the child. 7. The mother requests that the Court dismiss the above-captioned case for lack of standing. The mother further respectfully requests that the Court vacate the Order, dated May 22, 2003, which is attached as "Exhibit A" and incorporated herein by reference. The Order, in pertinent part, grants the plaintiff shared legal custody and shared physical custody of the child every other week. 8. The mother is willing to participate in DNA testing to corroborate her averment that the plaintiff is not the biological father of the child. 9. The mother requests that the plaintiff be ordered to pay the costs of the paternity tests. Alternatively, the mother requests that the court order the county to bear the costs because she is indigent. 10. MidPenn Legal Services contacted the defendant's counsel, Richard L. Webber, Jr., who concurred that his client would comply with paternity testing, but not bear the costs; counsel did not concur with the remaining relief requested. WHEREFORE, the defendant/mother requests that the case be dismissed for lack of standing, and that the Order of May 22, 2003 granting the plaintiff shared legal and physical custody of the child be vacated. The defendant/mother further requests that the Court order the parties to participate in testing to determine paternity, order the plaintiff or the county to assume the costs of the testing, and to authorize the results to be released to the parties' counsel. The defendant requests any other relief that is just and proper. Respectfully submitted, MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 VERIFICATION The above-named DEFENDANT, Christine M. Frater, verifies that the statements made in the above Petition are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~hristine M. Frhte~, b~-fendan-t/Petitioner 3 DAVID A. sMYTtt, plaintiff · IN THE COI-~T OF COMMON pLEAS OF · cIdMBgRLAND COIJ~TY, pENNSYL¥ A~A : cML ACTION ' LAW CHRISTINE M. FRATER, Defendant :. NO. 03 - 1515 CiSqL ~ IN CIJSTODY AND NOW, this __~____'2~d~y of May, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: conference is scheduled before the conciliator on conciliation on the 4~ Floor Another custody 2003 at 9:30 a.m. in the conference room. to attend 1. the 20~ day of June, Both parties are directed of the Cumberland County Courthouse. the custody conciliation conference. concillation conference and further order of this court, a A. pending the custody temporary custody order is entered providing that the Father, David Smyth, and the Mother, Christine M. Frater, shall enjoy shared legal and CC; born August 12i 2002. Physical · · - ~- of KaltiYun J' Frater .... custody on a week shared physi..ca~, cns~°2aY,~a with the parties exchan~ of the lulnor custody shall oe ~,,~"-- of on/week off basis. Since the Father has not had physical custody to alternate child for the past few weeks, this Order authorizes the immediate transfer child to the Father, with the parties This Order physical custody of the minor custody conciliation conferenc2~ist Father in physical custody weekly until the enforcement authorities to further authorizes appropriate law obtaining physical custody of the minor child. BY ' Richard L. Webber, Jr., Esquire Christine M. Frater $0 potato Road Carlisle, PA 17013 DAVID A. SMYTH, Plaintiff' VS, CHRISTINE M. FRATER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'IT PENNSYLVANIA NO. 03- 1515 CIVIL TERaM IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of July 2003, upon consideration of the attached Petition to Dismiss and Vacate the Court Order, the following order is entered: The matter is referred to the Custody Conciliator, Hubert Gilroy, Esquire, to be addressed at the Conciliation Conference scheduled for July 3, 2003 at 10:30 a.m. Richard L. Webber Attomey for Plaintiff 126 East King Street Shippensburg, PA 17257 Joan Carey Attorney for Defendant MidPenn Legal Services 8 Irvine Row ~ Carlisle, PA 17013 BY THE COURT,~ JUL ug 2003 DAVID A. SMYTH, Plaintiff V CHRISTINE M. FRATER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : : NO. 2003- 1515 CIVIL : 1N CUSTODY CO~TO~ER AND NOW, this [~) day of July, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Cumberland County Domestic Relations Office shall initiate paternity testing for the parties in this case to include the minor child Kaitiynn J. Frater, born August 12, 2002. David A. Smyth shall deposit the sum of $250.00 with the Cumberland County Domestic Relations Office within fourteen (14) days from the date of this order for purposes of the paternity testing. The Domestic Relations Office shall proceed with the paternity testing, and both parties shall cooperate and ensure that the minor child is made available for said testing. Upon the conclusion of the testing and in the event it is determined that David A. Smyth is the biological Father of the minor child in question, Mother shall reimburse Mr. Smyth the costs of the paternity testing within thirty (30) days of the results of the tests being furnished to legal counsel for the parties. Pending further order of this court, this court's prior order of May 22, 2003 shall remain in effect. Upon the conclusion of the paternity testing and in the event the parties desire to again meet with the conciliator to iron out any issues, legal counsel for the parties may contact the conciliator directly to schedule a conference in this matter. Se This court's prior order of May 22, 2003 contemplated physical custody being handled on a week on/week off basis. Appropriate law enforcement authorities are authorized to enforce this order and to ensure that Father complies with the court to delivers the minor child to the Mother in accordance with this court's directives. CC~ e The exchange of custody on the week on/week off schedule shall take place every Friday at 5:00 p.m. Father shall deliver the minor child to Mother on Friday, July 4, 2003 at 5:00 p.m., with Mother returning the child to Father on the following Friday at 5:00 p.m. and the parties proceeding with this schedule as set forth herein. Exchange of custody shall take place at the Saylors grocery store in Newville, Pennsylvania. /~ Edgar B.~'B~ley ~.~ Richard L. Webber, Jr., Esquire Joan Carey, Esquire Domestic Relations Office DAVID A. SMYTH, Plaintiff V CHRISTINE M. FRATER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 1515 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), the undersigned Custody Conciliator submits the following The pertinent information pertaining to the child who is the subject of this litigation is as follows: Kaitlynn J. Frater, born August 12, 2002. A Conciliation Conference was held on July 3, 2003, with the following individtmls in attendance: The Mother, Christine M. Frater, with her counsel, Joan Carey, Esquire; and the Father, David A. Smyth, with his counsel, Richard L. Webber, Jr., Esquire. 3. The parties agree to the entry of an order in the form as attached. Hube~X. Gil~~ ,Es /' e Custody Concili~°rE~~ DAVID A. SMYTH, Plaintiff CHRISTINE M. FRATER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION-LAW :CUSTODY :NO. 0g-1630 CIVIL TERM PRAECIPE TO WITHDRAW APPEARANCE AND NOW, this ~/'a~ay of ~L~/~, 2003, Joan Carey withdraws her appearance on behalf of the Defendant, Christine M. Frater. Respectfully submitted, ia~enn Legal Serv~es 8 Irving Row Carlisle, PA 17013 (717) 243-2968 PRAECIPE TO ENTER APPEARANCE AND NOW, this~~ day of ~ , 2003, the Family Law Clinic, hereby enters its appearance on behalf of the Defendant, Christine M. Frater. Respectfully submitted, Heather Fine Certified Legal Intern ~' ROBEh'~.'--~-'-INS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PAL 17013 (717) 243-2968 DAVID A. SMYTH, Plaintiff/Respondent V. CHRISTINE M. FRATER, Defendant/Petitioner : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW CUSTODY NO. 03-1515 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this __ day of March, 2004, between Christine M. Frater (hereinafter "Mother") and David A. Smyth (hereinafter "Mr. Smyth") concerns the custody of Kaitlynn J. Frater, bom August 12, 2002. Mother and Mr. Smyth desire to enter into an agreement as to the custody of Kaitlynn J. Frater. Mother and Mr. Smyth agree to the following: 1. Mother shall have sole legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. If Mother becomes ill or dies, or otherwise cannot care for the child, it is Mother's desire that David and Twyla Smyth care for the.child in Mother's absence. 4. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of Court. David ~. Smyth ~' Pro Se Christine M. Frater' ~ ~tified~eegal Intern ~r- Date Anne MacDonald-Fox Lucy Johnston-Walsh SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 DAVID A. SMYTH, Plaintiff/Respondent CHRISTINE M. FRATER, Defendant/Petitioner : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : CUSTODY : : NO. 03-1515 CIVILTERM PETITION TO MODIFY CUSTODY ORDER Christine M. Frater, by her attorneys, the Family Law Clinic, respectfully represents the following in support of her petition: 1. Petitioner is Christine M. Frater (hereinafter "Petitioner"), who resides at 455 Hunters Road, Newville, PA 17241. 2. Respondent is David Smyth, (hereinafter "Respondent"), who resides at 455 Hunters Road, Newville, PA 17241. 3. Mother is the natural parent of one child, Kaitlynn Frater, bom August 12, 2002. 4. On May 22, 2003, this Court entered a Temporary Custody Order for custody of the minor child (Exhibit A, Attached). 5. On July 10, 2003, this Court entered an Order of Court for custody of the minor child (Exhibit B, Attached). The parties were directed to have paternity testing and the Temporary Custody Order of May 22, 2003 remained in effect. 6. The current custody Order provides that the parties have shared legal and physical custody of the minor child. The Order allows Mother to have custody of the child on a week on/week off schedule with custodial exchanges taking place every Friday at 5:00 p.m. 7. The July 10, 2003 Order of Court should be modified because: a. Petitioner lives in the home of David Smyth and his wife, and the parties are no longer following the July 10, 2003 Order of Court. b. The patties no longer desire paternity testing. c. Mother is able to provide the care and nurturing which the child needs for healthy development. d. Mother believes it is in the child's best interest for her to obtain primary physical custody. e. Christine Frater and David Smyth have signed a Custody Agreement with respect to the legal and physical custody of the minor child, Kaitlynn Frater, which they desire to have entered as an Order of Court, and which is attached to this Petition. WHEREFORE, Petitioner asks that the Court modify the existing Order of Court and grant Mother primary physical custody because such an arrangement would be in the best interests of the child. C(C(C~ified ] al Intern ./~/? Thomas M. Place Robert E. Rains Anne MacDonald-Fox Lucy Johnston-Walsh SUPERVISING ATTORNEYS The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this petition are tree and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Ctu-istine Frater I~AY 21 2003 DAVID A. SMYTH, Plaintiff CHRISTINE M. FRATER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 03- 1515 CIVIL : IN CUSTODY COURT ORDER AND NOW, this ~L.~ffay of May, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Another custody conciliation conference is scheduled before the conciliator on the 20th day of June, 2003 at 9:30 a.m. in the conference room on the 4th Floor of the Cumberland County Courthouse. Both parties are directed to attend the custody conciliation conference. Pending the custody conciliation conference and further order of this court, a temporary custody order is entered providing that the Father, David A. Smyth, and the Mother, Christine M. Frater, shall enjoy shared legal and shared physical custody of Kaitlynn J. Frater born August 12, 2002. Physical custody shall be handled with the parties exchanging custody on a week on/week off basis. Since the Father has not had physical custody of the minor child for the past few weeks, this Order authorizes the immediate transfer of physical custody of the minor child to the Father, with the parties to alternate physical custody weekly until the custody conciliation conference. This Order further authorizes appropriate law enforcement authorities to assist Father in obtaining physical custody of the minor child. Plaintiff's attorney shall arrange for service of a copy of the order on the Defendant. BY THE COURT, Edgar B. Bayley CC: Richard L. Webber, Jr., Esquire Christine M. Frater 80 Potato Road Carlisle, PA 17013 5xhlblt /~ DAVID A. SMYTH, Plaintiff V CHRISTINE M. FRATER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION o LAW : : NO. 03- 1515 CIVIL : IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The conciliator met with Plaintiff's counsel and Plaintiff at the scheduled custody conciliation conference on May 8, 2003. However, the Defendant Mother was not in attendance, and it appeared that the Defendant Mother had not been served. Father related that the child was born last August. The child has resided with the Father for approximately three months since last August, and Father relates that Mother came by the Father's house unannounced and took the child without permission. The Father has not seen the child for a significant period of time. In light of the Father's age and in light of the circumstances outlined about, the conciliator recommends that another custody conciliation conference be scheduled but that the court also entertain entering an interim ordeD pending the custody conciliation conference~ of a nature giving the parties shared custody. The conciliator recommends an order in the form as attached. DATE' Hubert X. Gilroy, Esquire Custody Conciliator DAVID A. SMYTH, Plaintiff CHRISTINE M. FRATER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-1515 CIVIL : IN CUSTODY COURT ORDER AND NOW, this l~} day of July, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Cumberland County Domestic Relations Office shall initiate paternity testing for the parties in this case to include the minor child Kaitlynn J. Frater, born August 12, 2002. David A. Smyth shall deposit the sum of $250.00 with the Cumberland County Domestic Relations Office Within fourteen (14) days from the date of this order for purposes of the paternity testing. The Domestic Relations Office shall proceed with the paternity testing, and both parties shall cooperate and ensure that the minor child is made available for said testing. Upon the conclusion of the testing and in the event it is determined that David A. Smyth is the biological Father of the minor child in question, Mother shall reimburse Mr. Smyth the costs of the paternity testing within thirty (30) days of the results of the tests being furnished to legal counsel for the parties. Pending further order of this court, this court's prior order of May 22, 2003 shall remain in effect. o Upon the conclusion of the paternity testing and in the event the parties desire to again meet with the conciliator to iron out any issues, legal counsel for the parties may contact the conciliator directly to schedule a conference in this matter. This court's prior order of May 22, 2003 contemplated physical custody being handled on a week on/week off basis. Appropriate law enforcement authorities are authorized to enforce this order and to ensure that Father complies with the court to delivers the minor child to the Mother in accordance with this court's directives. ce: The exchange of custody on the week on/week off schedule shall take place every Friday at 5:00 p.m. Father shall deliver the minor child to Mother on Friday, July 4, 2003 at 5:00 p.m., with Mother returning the child to Father on the following Friday at 5:00 p.m. and the parties proceeding with this schedule as set forth herein. Exchange of custody shall take place at the Saylors grocery store in Newville, Pennsylvania. ~? BY THE COURT, Edgar B. 'Bayley ~ Richard L. Webber, Jr., Esquire Joan Carey, Esquire Domestic Relations Office DAVID A. SMYTH, Plaintiff V CHRISTINE M. FRATER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 2003- 1515 CIVIL : IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: o Kaitlynn J. Frater, born August 12, 2002. A Conciliation Conference was held on July 3, 2003, with the following individuals in attendance: The Mother, Christine M. Frater, with her counsel, Joan Carey, Esquire; and the Father, David A. Smyth, with his counsel, Richard L. Webber, Jr., Esquire. The parties agree to the entry of an order in the form as attached. DATE DAVID A. SMYTH, Plaintiff/Respondent V. CHRISTINE M. FRATER, Defendant/Petitioner MAR 0 4 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW CUSTODY : NO. 03-1515 CIVIL TERM ORDER OF COURT And now, this t~6~ day of ~ 2004, the foregoing Custody Agreement is approved and entered as an Order of Court. CU v:~ ....