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HomeMy WebLinkAbout00-05296 ANDRE B. PORNEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGEL SMITH DEFENDANT 00-5296 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of August , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 6th day of September , 2000, at 1:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Dawn S. Sunda - y, Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 9q A?f? -? ?? ?: 33 5 R JUL ?? 1 ANDRE B. PORNEL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA , A V. NO. eV ANGEL SMITH CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , conciliator, at -on- at o'clock _.m., for a Pre-Hearing Custody Conference. If you fail to appear as provided by this Order, an Order for custody 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 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717)249.3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin 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 individual 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. FOR THE COURT, 30 DATED: Custody Conciliator ANDRE B. PORNEL Plaintiff V. ANGEL SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY ORDER GRANTING CUSTODY AND NOW, this day of 2000, after hearing, it is hereby ordered and decreed that custody of Kiara S. Pornel is awarded to Andre B. Pornel. By the Court: J. I i ANDRE B. PORNEL Plaintiff V. ANGEL SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. moo- 5°296 l,l,?h CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW HERE COMES, Andre B. Pornel, Plaintiff, through his attorneys, the Law Offices of Leslie D. Jacobson, and avers the following-- 1. Andre B. Pornel, Plaintiff, resides at 1404 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Angel Smith, Defendant, presently resides at at 1404 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Kiara S. Pornel 1404 Louisa Lane 1 Year, Mechanicsburg, PA 17055 1 Month The child was born on 14 June 1999. The child is presently in the custody of the Plaintiff and Defendant. During the past year, the child has resided with the following persons and at the following addresses: Andre B. Pornel and Angel Smith 1404 Louisa Lane Mechanicsburg, Cumberland County, PA 17055 4. The Plaintiff is the child's father. The Plaintiff current legal address is with the following persons: NAME Angel Smith RELATIONSHIP Paramour 5. The Defendant is child's mother. The Defendant currently resides 1404 Louisa Lane, Mechanicsburg, PA 17055 with Plaintiff. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the child's custody in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who have physical custody of the children or claims to have custody or visitation rights with respect to the child. 7. Defendant has stated to Plaintiff her intent to leave the residence at 1404 Louisa Lane, Mechanicsburg and remove to Newberrytown, York County, Pennsylvania. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is able to provide a more stable and secure living environment for the child. 9. 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 children will be given notice of the pendency of this action and the right to intervene: None WHEREFORE, Plaintiff requests this Honorable Court to grant custody of the child to him. Respectfully submitted, LAw OFFICES OF LESLIE D. JACOBSON DATED: By: c.../ Allen D. Moyer ID# 81846 Attorney for Plaintiff 8150 Derry Street Harrisburg, PA 17111-5260 (717) 561-1515 ANDRE B. PORNEL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ANGEL SMITH CIVIL ACTION - LAW Defendant IN CUSTODY VERIFICATION I, ANDRE B. PONEL, do hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. i1tty Andre B. Pornel ? ? ?? ?. ?? ? ?? ry 77 j r``. `_ r __',.. _.. a`;-: ?:, _? ?? ,, ?v i J r.`? _!p> -? .? S ANGEL A. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANDRE B. PORNEL, Defendant /NO. 00-5279 CIVIL TERM ANDRE B. PORNEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANGEL SMITH, Defendant NO. 00-5296 CIVIL TERM ORDER OF COURT AND NOW, this 23`d day of August, 2000, upon consideration of Plaintiff's Motion for Continuance and by agreement of the parties, a. The two custody actions filed by the parties are consolidated under the docket number of 00-5279 Civil Term; b. The hearing set for August 3, 2000, is continued generally without prejudice to either parry to request a hearing; and c. This Court's order issued July 28, 2000, shall remain in effect until further action by this Court. ou o< \? 5 RNI BY THE COURT, r.r_?yrT,,? - ?h?,1 ^?. J? ?(?_?' . ???? ?''tJ G?i(, ? `' ,? , ii`?1?`i L "0.1?;C_1"d? ? ^Pil? Una ??p``,iL??1?1r?'4. Allen D. Moyer, Esq. 8150 Derry Street Harrisburg, PA 17111-5260 Attorney for Andre Pornel Joan Carey, Esq. Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Attorney for Angel Smith :rc 1k O RI c I (U 04L ANGEL A. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANDRE B. PORNEL, Defendant NO. 00-5279 CIVIL TERM ANDRE B. PORNEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW ANGEL SMITH, Defendant 0.00-5296 CIVIL TERM ORDER OF COURT AND NOW, this 23`d day of August, 2000, upon consideration of Plaintiff's Motion for Continuance and by agreement of the parties, a. The two custody actions filed by the parties are consolidated under the docket number of 00-5279 Civil Term; b. The hearing set for August 3, 2000, is continued generally without prejudice to either party to request a hearing; and c. This Court's order issued July 28, 2000, shall remain in effect until further action by this Court. BY THE COURT, a ?i AN Allen D. Moyer, Esq. 8150 Derry Street Harrisburg, PA 17111-5260 Attorney for Andre Pornel Joan Carey, Esq. Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Attorney for Angel Smith :rc SEP 1 1 1 ANDRE B. PORNEL, Plaintiff vs. ANGEL SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5296 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CRDER OF COURT AND NOW, this 6th day of September, 2000, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for September 6, 2000 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator 7 it;P? PD S r ANDRE B. PORNEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGEL SMITH DEFENDANT 00-5296 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 09, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, September 05, 2001 at 1:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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 prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sundai y, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2* 1A SYLWN, ?i ar ?? t -/l) CV- Aoe?o? Q;el ? ANDRE B. PORNEL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ANGEL SMITH Defendant No. 00-5296 CIVIL TERM ORDER OF COURT AND NOW, this day of 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before conciliator, at on the _ day of the 2001, at a.m./p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE ANY ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 Telephone (717) 249-3166 ANDRE B. PORNEL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELSMITH Defendant No. 00-5296 CIVIL TERM ORDER AND NOW, THIS _ DAY OF AUGUST 2001, IT IS HEREBY ORDERED AND DECREED THAT A CUSTODY CONFERENCE IN THIS MATTER IS RESCHEDULED. J. Distribution: Gail Guida Souders, Esquire, 503 North Front Street, Harrisburg, PA 17101 Mark Silliker, Esquire, 5922 Linglestonwr Road, Harrisburg, PA 17112 Prothonotary's Office S? ANDRE B. PORNEL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ANGEL SMITH Defendant No. 00-5296 CIVIL TERM PETITION FOR PRE-HEARING CUSTODY CONFERENCE AND NOW, comes Andre B. Pornel, Petitioner, through his attorney, Gail Guida Souders, and avers the following; 1. On July 20, 2000, Petitioner filed for custody of his child, Mara S. Pornel. See Exhibit A. 2. An Emergency Petition was filed by the Mother, Respondent, Docket at 00- 5279 and relief was granted to Mother granting primary physical custody. See Exhibit B. 3. A Pre-Hearing Custody Conference was scheduled on September 6, 2000 before Attorney Dawn Sunday. See Exhibit C. 4. The parties mutually agreed to a custodial arrangement without going to court. 5. As a result, the parties never had a Pre-Hearing Custody Conference. 6. At this time, the circumstances have changed and Petitioner would like to have the Pre- Hearing Custody Conference reinstated. WHEREFORE, Petitioner requests a Pre-Hearing Custody Conference to be set up. Respectfully submitted, /" V Gail G. Souders, Esquire Guida Law Offices 503 N. Front St. Harrisburg PA 17110 (717) 236-6440 Supreme Court ID# 68740 Attorney for Plaintiff I ANDRE B. PORNEL : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - CUSTODY ANGEL SMITH DEFENDANT NO. 00-5296 TO THE HONORABLE JUDGES OF SAID COURT: CERTIFICATE OF SERVICE I hereby certify that on August 1, 20011 served the custody petition docket at 00- 5296 upon the person and in the manner indicated below, which service satisfies the requirements of PA.R.Civ.P.403: Service by regular U.S. mail to: Mark Silliker, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg PA 17112 ail Guida Souders Guida Law Offices 503 North Front Street Harrisburg, PA 17101 717-236-6440 Dated: August 1, 2001 C*) CD v? V kol J?J < . ANDRE B. PORNEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : 00-5296 CIVIL ACTION LAW ANGEL SMITH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this I SJ, day of 0 C-f 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Andre B. Pornel, and the Mother, Angel Smith, shall have shared legal custody of Kiara S. Pomel, born June 14, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. 2. The parties shall have joint physical custody of the Child in accordance with the following schedule: A. During the weekdays, the Father shall have custody of the Child from between 8:45 a.m. and 9:00 a.m., when the Father shall pick up the Child at the Mother's place of employment, through between 6:00 p.m. and 6:30 p.m., when the Mother shall pick up the Child at the Father's residence after work (with the exception of Tuesdays and Thursdays when the Father has evening classes and transports the Child to the Mother's place of employment). B. The parties shall alternate having custody of the Child on the weekends. On her weekends, the Mother shall have custody from Friday at 6:30 p.m. through Monday morning when the Father picks up the Child at the Mother's place of employment. On his weekends, the Father shall have custody from Friday morning when he picks up the Child at the Mother's place of employment through Sunday evening at 5:00 p.m. The weekend periods of custody under this Order shall begin with the Father having custody of the Child on Friday, September 21, 2001. The parties shall alternate having custody of the Child on holidays with the specific dates and times to be arranged by agreement. 4. Each party shall be entitled to have extended periods of custody with the Child for two weeks (consecutive or nonconsecutive) each year upon providing at least 30 days advance notice to the other party. The period of custody under this provision shall be extended to three weeks only in the 1 r ?i ,? u 'C; Nly "Ju 0 1 event the Father plans to take the Child to visit family in the Philippines for a full three week period. In the event the Father exercises his right to a consecutive three week period of custody under this provision and the Mother is unable to take more than two weeks off work for vacation purposes, the Mother shall be entitled to exercise her right to custody for the additional seven days during the Father's regular weekend periods of custody. 5. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the address and telephone number where the Child can be contacted. 6. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Child. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at 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 COURT, Cc: Gail G. Souders, Esquire - Counsel for Father Mark T. Silliker, Esquire - Counsel for Mother ANDRE B. PORNEL, Plaintiff vs. ANGEL SMITH, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5296 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-81 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 Kiara S. Pomel June 14, 1999 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held on September 19, 2001, with the following individuals in attendance: The Father, Andre B. Pomel, with his counsel, Gail G. Souders, Esquire, and the Mother, Angel Smith, with her counsel, Mark T. Silliker, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ' -? Dawn S. Sunday, Esquire Custody Conciliator ANDRE B. PORNEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGEL SMITH DEFENDANT 00-5296 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, March 10, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday Es%. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 04, 2006 at 1:00 PM 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. 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 prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. yr Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILEID IL gin; .':„ _ L OF Il?. li j, tj t? u I Li ! Jl L ? if DSO l'1-u 1?,? ? I .. RECEIVED MAR 0 3 705 ANDRE B. PORNEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-5296 Civil Term ANGEL SMITH, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before on the Conciliator, at at _.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may also be present at the conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT: BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 4 ANDRE B. PORNEL, Plaintiff vs. ANGEL SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5296 Civil Term CIVIL ACTION - LAW CUSTODY COMPLAINT TO MODIFY CUSTODY AND NOW, this 28"' day of February 2006, comes the Plaintiff, Andre B. Pornel, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is Andre B. Pornel, an adult individual currently residing at 621 Herrin Lane, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant Angel Smith, is an adult individual currently residing at 3560 Old Trail Road, York Haven, York County, Pennsylvania 17370. 3. The Plaintiff and Defendant are the natural parents of one child; namely: Kiara S. Pornel, born June 14, 1999. 4. Attached hereto and marked Exhibit "A" is an Order of Court dated October 1, 2001, setting forth the current custodial arrangements concerning the parties' minor child. 5. The Plaintiff, Andre B. Pornel, believes that it is in the best interest of his daughter that he be granted primary physical custody. 6. The Plaintiff is better able to provide a stable environment for his daughter, Kiara S. Pornel. WHEREFORE, the Plaintiff, Andre B. Pornel, respectfully prays your Honorable Court to grant him primary physical custody of his daughter with partial custodial rights in the mother, Angel Smith. Respectfully submitted, BY. iane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: February 28, 2006 2 ANDRE B. PORNEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : 00-5296 CIVIL ACTION LAW ANGEL SMITH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this lST day of p t , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Andre B. Pornel, and the Mother, Angel Smith, shall have shared legal custody of Kiara S. Pomel, born June 14, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. 2. The parties shall have joint physical custody of the Child in accordance with the following schedule: A. During the weekdays, the. Father shall have custody of the Child from between 8:45 a.m. and 9:00 a.m., when the Father shall pick up the Child at the Mother's place of employment, through between 6:00 p.m. and 6:30 p.m., when the Mother shall pick up' the Child at the Father's residence after work (with the exception of Tuesdays and Thursdays when the Father has evening classes and transports the Child to the Mother's place of employment). B. The parties shall alternate having custody of the Child on the weekends. On her weekends, the Mother shall have custody from Friday at 6:30 p.m. through Monday morning when the Father picks up the Child at the Mother's place of employment. On his weekends, the Father shall have custody from Friday morning when he picks up the Child at the Mother's place of employment through Sunday evening at 5:00 p.m. The weekend periods of custody under this Order shall begin with the Father having custody of the Child on Friday, September 21, 2001. 3. The parties shall alternate having custody of the Child on holidays with the specific dates and times to be arranged by agreement. 4. Each party shall be entitled to have extended periods of custody with the Child for two weeks (consecutive or nonconsecutive) each year upon providing at least 30 days advance notice to the other party. The period of custody under this provision shall be extended to three weeks only in the event the Father plans to take the Child to visit family in the Philippines for a full three week period. In the event the Father exercises his right to a consecutive three week period of custody under this provision and the Mother is unable to take more than two weeks off work for vacation purposes, the Mother shall be entitled to exercise her right to custody for the additional seven days during the Father's regular weekend periods of custody. 5. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the address and telephone number where the Child can be contacted. 6. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Child. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at 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. Cc: Gail G. Souders, Esquire - Counsel for Father Mark T. Silliker, Esquire - Counsel for Mother TRUE CC In Testimony v h and tIA seal o' s u x'',,14 PECORD mto set my hand r Carlisle, Pa. T A7 TTTT ll TTl VERIFICATION I verify that the statements made in this Complaint to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ANDRE B. PORNEL Date: February 28, 2006 ?I CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint to Modify Custody has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the 28"' day of February 2006, addressed as follows: Angel Smith 3560 Old Trail Road York Haven, PA 17370 Respectfully submitted, J B Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: February 28, 2006 3 °Y V 1 _ () o L1 m m ?C? IV Cl) jL- C < V_/ MAY 0 q 70(16i BY: ANDRE B. PORNEL IN THE COURT OF CO Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-5296 CIVIL ACTION LAW ANGEL SMITH Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4--t [+, day of VY 2 2006, upon consideration of the attached Custody Conciliation Report, it is ordered d directed as follows: A Hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the /9t day of , 2006, at l'3Q o'clock a . m., at which time testimony will be taken. For purposes o the hearing, the Father, Andre B. Pornel, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or a party pro se shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT, cc: ane M. Dils, Esquire - Counsel for Father ,A igel Smith, Mother J 1 ?• o? 0 to ? o 1-5 ho ANDRE B. PORNEL Plaintiff VS. ANGEL SMITH Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5296 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kiara S. Pomel June 14, 1999 Mother/Father 2. A custody conciliation conference was held on April 27, 2006, with the following individuals in attendance: The Father, Andre B. Pornel, with his counsel, Diane M. Dils, Esquire, and the Mother, Angel Smith, who is not represented by counsel in this matter. 3. This Court previously entered an Order in this matter on October 1, 2001, under which the parties have shared physical custody of the Child. The Father filed this Petition to Modify the prior Order and seeks primary physical custody of the Child. The parties were unable to reach an agreement at the conference and it will be necessary to schedule a hearing. It should be noted that the Father agreed to reschedule the conference which was originally set for April 4 to comply with the Mother's request for additional time to obtain legal representation. Although the Mother did not retain counsel prior to the rescheduled conference, it is anticipated that the Mother will obtain representation for the hearing. 4. The Father's position on custody is as follows: The Father believes it would be in the best interests of the Child for her to live primarily with him in Enola. The Father expressed several concerns regarding the Mother's ability to properly care for the Child including a high rate of absence from school, lack of assistance with homework and complications which arise from the Mother's loss 9 M. ? of her driver's license. The Father believes that the Child would benefit from a more stable home environment which he believes he can provide. 5. The Mother's position on custody is as follows: The Mother indicated that she believes it would be best for the Child to continue the existing schedule for the present time. However, the Mother indicated that she plans to go back to school and obtain full time employment within the near future. The Mother stated that the Child is doing very well in school and should continue in her elementary school in the York Haven area where the Mother resides and where the Child has attended school for the past two years. The Mother also indicated that upon obtaining appropriate employment, she plans to move out of her parent's residence. The Mother indicated that she hopes to be able to pay the fines and obtain her driver's license within the near future. 6. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter and continuing the existing Order pending hearing. It is expected that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquire Custody Conciliator ANDRE B. PORNEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANGEL SMITH, Defendant NO. 00-5296 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 5`}' day of July, 2006, due to a conflict in the court's schedule, the hearing in the above matter previously scheduled for July 19, 2006, is rescheduled to Thursday, October 5, 2006, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Xane M. Dils, Esq. 1017 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff J ,,Angel Smith 1404 Louisa Lane Mechanicsburg, PA 17055 Defendant, pro Se :rc BY THE COURT, qA,v- FROM :DILS and DILS FAX NO. :7172332567 Oct. 04 2006 02:32PM P3 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Andre B. Pornel ANDRE B. PORNEL, Plaintiff VS. ANGEL SMITH, Defendant SENT VIA FACSLUME IN TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 2000-5296 Civil Term CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of October, 2006, upon request of the Attorney for the Plaintiff, Andre B. Pornel, and with concurrence by the Defendant, Angel Smith, it is hereby Ordered that the hearing scheduled for October 5, 2006 is continued and shall be heard on the v2o?z2Y day of C4Lt??t Jblf.M. in Courtroom No. of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA, at which time and place all parties shall appear. D' bution: e M. Dils, Esquire, 1400 N. Second Street, Harrisburg, PA 17102 gcl Smith, 3560 Old Trail Road, York Haven, PA 17370 J %Aa OF THE r,-K D1 CiTAIRY 20M OCT -S l-] 3: 30 FROM :DILS and DILS FAX NO. :7172332567 Oct. 04 2006 02:32PM P2 ATTORNEYS AT LAW 1400 NORTH SECOND STREET (FIRST FLOOR FRONT) HARRISBURG, PENNSYLVANIA 17102 ARTHUR K. OILS DIANE M. DILS October 4, 2006 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse SENT VIA FACSIMILE One Courthouse Square Carlisle, PA 17013 RE: Andre B. Pornel vs. Angel Smith Docket No. 2000-5296 Civil Term Dear Judge Oler: PHONE: (717) 233.8743 FAX: (717)233-2667 A Custody Hearing is scheduled for October 5, 2006 at 9:30 a.m. before your Honorable Court in the above captioned matter. I represent Andre Pornel; the Defendant, Angel Smith, is pro se. The parties have been attempting to resolve the matter without the necessity of a court hearing and it is respectfully requested that the Hearing scheduled for October 5, 2006 be continued and rescheduled, giving the parties additional time to come to an agreement. Attached to this facsimile transmission is a statement from Angel Smith indicating her agreement to continue the matter. Also attached is a proposed Order of Court. It is respectfully requested that the above captioned Custody Hearing be continued and rescheduled for a later date and time. Thank you for your assistance in this matter. yours, M. Dils DMD/dmh Attachments C: Andre Pornel Angel Smith FAX NO. :7172332567 Oct. 04 2006 02-33PM P4q? FROM :DILS and DILS UUI"U J'"•L°U'l+1b 473:Ld F1•I 1Y1L ^? 6 clso a' FROM :DILS and DILS FAX NO. :7172332567 Oct. 04 2006 02:31PM P1 ATTORNEYS AT LAW ARTHUR K. OILS DIANE M. OILS 1400 NORTH SECOND STREET (FIRST FLOOR FRONT) HARRISBURG, PENNSYLVANIA 17102 PHONE: (717) 233-8743 FAX; (717) 233-2567 T0: RE: 1 ?nC?Re 6, Pogne( v. ?ngel m ?? Ole FROM: Diane M. Dils, Esquire PHONE: 717-232-9724 FAX: 717-233-2567 NOTE: TOTAL PAGES INCLUDING THE COVER SHEET This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is, privileged, confidential, and exempt from disclosure under applicable law, If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please notify us immediately by telephone, and return the original message to us at the address above via the U.S. Postal Service, Thank you. (( \s 1 a, 4 Ie yu? a a? N LL .fo ned 5? ANDRE B. PORNEL, Plaintiff VS. ANGEL SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5296 Civil Term CIVIL ACTION - LAW CUSTODY COMPLAINT TO MODIFY CUSTODY AND NOW, this 28`h day of February 2006, comes the Plaintiff, Andre B. Pornel, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is Andre B. Pornel, an adult individual currently residing at 621 Herrin Lane, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant Angel Smith, is an adult individual currently residing at 3560 Old Trail Road, York Haven, York County, Pennsylvania 17370. 3. The Plaintiff and Defendant are the natural parents of one child; namely: Kiara S. Pornel, born June 14, 1999. 4. Attached hereto and marked Exhibit "A" is an Order of Court dated October 1, 2001, setting forth the current custodial arrangements concerning the parties' minor child. 5. The Plaintiff, Andre B. Pornel, believes that it is in the best interest of his daughter that he be granted primary physical custody. 6. The Plaintiff is better able to provide a stable environment for his daughter, Kiara S. Pornel. WHEREFORE, the Plaintiff, Andre B. Pornel, respectfully prays your Honorable Court to grant him primary physical custody of his daughter with partial custodial rights in the mother, Angel Smith. Respectfully submitted, BY: iane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: February 28, 2006 2 • • ANDRE B. PORNEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : 00-5296 CIVIL ACTION LAW ANGEL SMITH, Defendant IN CUSTODY ORDER OF COURT AND NOR', this day of , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Andre B. Pornel, and the Mother, Angel Smith, shall have shared legal custody of Kiara S. Pornel, born June 14, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. 2. The parties shall have joint physical custody of the Child in accordance with the following schedule: A. During the weekdays, the Father shall have custody of the Child from between 8:45 a.m. and 9:00 a.m., when the Father shall pick up the Child at the Mother's place of employment, through between 6:00 p.m. and 6:30 p.m., when the Mother shall pick up the Child at the Father's residence after work (with the exception of Tuesdays and Thursdays when the Father has evening classes and transports the Child to the Mother's place of employment). B. The parties shall alternate having custody of the Child on the weekends. On her weekends, the Mother shall have c; stody from Friday at 6:30 p.m. through Monday morning when the Father picks up the Child at the Mother's place of employment. On his weekends, the Father shall have custody from Friday morning when he picks up the Child at the Mother's place of employment through Sunday evening at 5:00 p.m. The weekend periods of custody under this Order shall begin with the Father having custody of the Child on Friday, September 21, 200]. 3. The parties shall alternate having custody of the Child on holidays with the specific dates and times to be arranged by agreement. 4. Each party shall be entitled to have extended periods of custody with the Child for two weeks (consecutive or nonconsecutive) each year upon providing at least 30 days advance notice to the other party. The period of custody under this provision shall be extended to three weeks only in the event the Father plans to take the Child to visit family in the Philippines for a full three week period. In the event the Father exercises his right to a consecutive three week period of custody under this provision and the Mother is unable to take more than two weeks off work for vacation purposes, the Mother shall be entitled to exercise her right to custody for the additional seven days during the Father's regular weekend periods of custody. 5. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the address and telephone number where the Child can be contacted. 6. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Child. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at 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. Cc: Gail G. Souders, Esquire - Counsel for Father Mark T. Silliker, Esquire - Counsel for Mother TRZ!': !-.-, tee,, rEGORD In Testi nony I. into set my hand and iq saI o,` _ lisle, Pa. Thi ///. /11 BY THE COURT, VERIFICATION I verify that the statements made in this Complaint to Modify custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. / d - ANDRE S. PORNEL Date: February 28, 2006 CERTIFICATE OF SERVICE 1, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint to Modify Custody has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the 28'h day of February 2006, addressed as follows: Angel Smith 3560 Old Trail Road York Haven, PA 17370 Respectfully submitted, Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 LD. No. 71873 Date: February 28, 2006 3 - D -S _ Q 42 ANDRE B. PORNEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGEL SMITH DFFENDANT 00-5296 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Friday, March IQ 2006 upon consideration of the attached Complaint, it is herehy directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at _i9 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 04, 2006 at 1:00 PM 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. 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 prior to scheduled hearing. FOR THE COURT. By: /s/ _ Dawn S. Sunday Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court', please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 14;15? ° ?? ? MAY 0 4 ?0(16 ANDRE B. PORNEL Plaintiff VS. ANGEL SMITH Defendant , ()f9- -rLLAN OT IN THE COURT OF COM CUMBERLAND COUNTY, PENNSYLVANIA 00-5296 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 4114",- day of z 2006, upon consideration of the attached Custody Conciliation Report, it is ordered nd directed as follows: A Hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the /9a day of , 2006, at 'I -'-Jo o'clock a - in., at which time testimony will be taken. For purposes o the hearing, the Father, Andre B. Pornel, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or a party pro se shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT, cc: 'ane M. Dils, Esquire - Counsel for Father .?kfigel Smith, Mother J .69 o'bb o ctir _ cn y ANDRE B. PORNEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANGEL SMITH, Defendant NO. 00-5296 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 5 h day of July, 2006, due to a conflict in the court's schedule, the hearing in the above matter previously scheduled for July 19, 2006, is rescheduled to Thursday, October 5, 2006, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Xiane M. Dils, Esq. 1017 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff ,Angel Smith 1404 Louisa Lane Mechanicsburg, PA 17055 Defendant, pro Se J 0 t0 :rc BY THE COURT, t,l_ I FROM :DILS and DILS FAX NO. :7172332567 Oct. 04 2006 02:32PM P3 LAW OFFICES OF AILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Andre B. Pornel ANDRE B. PORNEL, Plaintiff vs. ANGEL SMITH, Defendant SENT VIA FACSIMILE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5296 Civil Term CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this ±?_ day of October, 2006, upon request of the Attorney for the Plaintiff, Andre B. Pornel, and with concurrence by the Defendant, Angel Smith, it is hereby Ordered that the hearing scheduled for October 5, 2006 is continued and shall be heard on the ,,;Pad day of a? .M. in Courtroom No. of the I C/ Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA, at which time and place all parties shall appear. BY 0 T; esley Oler, JrAZ& , D' bution: iptfe M. Dils, Esquire, 1400 N. Second Street, Harrisburg, PA 17102 .Xngel Smith, 3560 Old Trail Road, York Haven, PA 17370 1 t v•1?, J •??}r`L`1iti.3 ? •?;, ?. fy„i.+k•? ... ?? : 'r'ub ?- J.???O?Z ?? _,l-?:?. `M f }?`?:i if :,", , ?-.i `? ? _ r LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Andre B. Pornel ANDRE B. PORNEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA vs. ANGEL SMITH, Defendant TO THE PROTHONOTARY: NO. 2000-5296 Civil Term CIVIL ACTION - LAW CUSTODY PRAECIPE Please withdraw the Complaint for Custody filed on behalf of Andre B. Pornel in the above matter. Respectfully submitted, rte... _. Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Praecipe has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the day , 2007, addressed as follows: Angel Smith 3560 Old Trail Road York Haven, PA 17073 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Respectfully submitted, Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Q q Aa ? s L A ANDRE B. PORNEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANGEL SMITH, Defendant NO. 00-5296 CIVIL TERM ORDER OF COURT AND NOW, this 16`h day of February, 2007, upon consideration of the Praecipe filed in the above matter to withdraw the complaint for custody, the hearing scheduled for February 22, 2007, is cancelled. Diane M. Dils, Esq. 1400 North Second Street First Floor, Front Harrisburg, PA 17102 Attorney for Plaintiff Angel Smith 3560 Old Trail Road York Haven, PA 17073 Defendant, pro Se :rc BY THE COURT, VIN'lAIAS'+!N.?d Z ;8 I4V I Z 933 t4OZ ? ?'l t v =vfa? :.,)Hl J4 ANDRE B. PORNEL Plaintiff VS. ANGEL SMITH Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - CUSTODY : NO. 00-5296 CIVIL TERM STIPULATION FOR AN AGREED ORDER OF CUSTODY THIS AGREEMENT, made this day of June 2009, by and between Angel A. Smith, hereinafter referred to as "Mother," and Andre B. Pornel, hereinafter referred to as "Father" of Kiara S. Pornel. WITNESSETH WHEREAS, Mother and Father hereto are the natural parents of one minor child Kiara S. Pornel, born June 14, 1999; and WHEREAS, the parties have come to an agreement concerning the issues of child custody; and WHEREAS, the parties desire that this Stipulation be entered as an Order by the Court of Common Pleas of Dauphin County, Pennsylvania; NOW THEREFORE, intending to be legally bound, the parties hereby stipulate and agree as follows: 1. It is the intention of the parties and the parties agree that they shall have shared legal custody. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to primary physical custody and partial custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having primary physical custody. With regard to any emergency decisions which must be made, the parent having primary physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information form any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. Father shall provide health care coverage for child and pay any costs associated with school. 2. Primary physical custody of Kiara S. Pornel shall be with the Father, Andre B. Pornel during the school year starting with School Year 2009-2010. 3. Mother, Angel A. Smith, shall have primary physical custody of Kiara S. Pornel during the summer. 4. During the School year: 5. Mother, Angel A. Smith, shall have partial visitation of Kiara S. Pornel during the school year as the parties agreed. a. Mother shall provide all transportation. b. When Mother is returning child, she must have no later than 7:00 P.M. 6. During the summer, Father shall have partial visitation of Kiara S. Pornel as the parties agreed. a. Father shall provide all transportation. 7. If the child is involved in any activities then Mother and Father must work around child's schedule to see child. 8. The holidays will be determined as the parties mutually agree upon. 9. Father shall have custody of child on Father's Day from and Mother shall have custody of child on Mother's Day. 10. Mother and Father shall alternate child's birthday. 11. If Father is deployed then child will live with Mother while Father is deployed but when he returns then child will live with Father. 12. During any period of custody or visitation the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible that other household members and/or house guests comply with this prohibition. 13. Each parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 14. Father shall provide child with a cell phone and will pay the cell phone bill. 15. Mother agrees to drop the child support and Father agrees to not file for child support. 16. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 17. Both parents shall refrain from making derogatory comments about the other parent in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. 18. It is understood and stipulated by the parents that upon mutual agreement expanded or altered schedule may be agreed between the parents for and in the best interest of the child. _ 1 2 Date Ang A. ith Date Andre B. Pornel COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN: SS: On the ZN1)day of Ju-/'--- , 2009, before me, a Notary Public, personally appeared Angel A. Smith known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. 'Goffin, Jr. Notary P C NOTEE PUBLIC wlcoafto County o. c? My Corn On ExPifte #so Augurt 24. 3011 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN: SS: On the 5711day of TUhe_ , 2009, before me, a Notary Public, personally appeared Andre B. Pornel known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. Notary Public NOURUI SW IM mmw*lm NOW PUbft W G111r, O?AIP MN COIINry MY Conwni 1XPIM Oct 11, 2010 FILED??wi?FKL F OFT t. 111, V I `Z iC? PY M9 J43 12 f i" 3-- 4 1G .;tfrtc?: w uc? onuaO ootmoo Vv L*rlji1Y113m 10 91siE astigx3: noles?mm,30 YM i' n5S .. P tauguA r ?watt:i. xDv: Ire, !AI ;;WON OVASA MO MI Mid a#dtA vwW vwOO ANNWitJ "* 004"m 0tot , d i mo sofkwo nowsk"MOO MM w JUN 1.5 20090 ANDRE B. PORNEL :1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION - CUSTODY ANGEL SMITH Defendant : NO. 00-5296 CIVIL TERM ORDER OF COURT AND NOW, this 1( A day of Za-h c- , 2009, the parties having reached an agreement regarding the best interests of the subject minor child, Kiara S. Pornel, it is hereby ORDERED and DECREED that the terms of the stipulation entered into between the parties, which is attached hereto, is entered as an Order of Court. stribution: Gail Guida Souders, Esquire-111 Locust Street, Harrisburg, PA 17101 ?Angel A. Smith-3560 Old Trail Road, York Haven, PA 17370 Prothonotary's Office rxr -- ! 1-%T TTI T. OF THE F '' ! Y' •,{'?TAPY 2009 JUN 17 APB 11: 4 U cum; ITY