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Home My WebLink About00-06278 ~ " ~, ~<' lJj~'"",", l ,;, BRANDY W. SMITH PLAINTIFF V. MICHAEL COLEMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-6278 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of September ,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 10th day of October ,2000, at 9:30 a.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. FailUTe to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. \jJ 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 OUT office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 co " I ii". ""':!i!l!!'I!l'J~," , --, '", ' -" <"''-'',''',^ _ _ "" ""~' '".. c , ~ ,-~ .. - ~ ~ ,,' , ~''', r::q r-r\ "'\'- ! Il.!:' .J~~ ,c.CI("'- OF Ti-Y~ ::;;(~;;;.. .Ii: . , .' "~.' "1(. '-I-'RY C " '---...''1','') r\ ' 00 SfP 2" - ~ Pt'l12: 5S CUIM-' I ''') .'t:"_ tJl:f .Lhi'iO ('('IJNTY PENNs'n" .;v .,-/ANIA tf~~.t:Po w- ~M~'$rY.X- /}.~~.t?t:7 CJ1~ ~~~. q-~-5.t7t:J ~ /M~ ?J;- 4 ~ _,l~~~~~~;>!IT1.""'oj/,~~9'mWO~,~.~~~ll'~~ --,"-,]''''',' ". ,", . ",,', ~~ ",:1 " . , SfP 15 ZOlI.tI? BRANDY W. SMITH, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. OO~7c86IVIL TERM MICHAEL COLEMAN, Defendant ORDER OF COURT You, Michael Coleman, defendant, have been sued in court to obtain custody of the child: Trevante Allen Coleman. You are ordered to appear in person at , on , at for , _om., -K- a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to 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. ~'" <,- "'~.- .': . , BRANDY W. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY MICHAEL COLEMAN, Defendant NO. 00-4>.;;?7~IVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Brandy W. Smith, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Brandy W. Smith, residing at 400 First Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is Michael Coleman, residing at 869 Rhue Haus Lane, Hummelstown, Dauphin County, Pennsylvania, 17036. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Trevante Allen Coleman 400 First Street Carlisle, PA 17013 The child was born out of wedlock. 611/96 The child is presently in the custody of Brandy Smith, who resides at 400 First Street, Carlisle, Cumberland County, Pennsylvania, 17013. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Dates Mother 400 First Street Carlisle, PA 17013 91l/00-present Mother 265 Lincoln Street Carlisle, Pa 17013 9/99-8/31/00 Mother 707 Hanover Manor Carlisle, PA 17013 11/4/98-9/99 ". " '....' ;0., . " Mother, Father, Anthony(half brother) 707 Hanover Manor Carlisle, PA 17013 7/98-11/4/98 Mother 26 S Spring Garden Apts. 6/96-7/98 The mother of the child is Brandy Smith, currently residing at 400 First Street, Carlisle, Cumberland County, Pennsylvania, 17013. She is single. The father of the child is Michael Coleman, currently residing at 869 Rhue Haus Lane, Hummelstown, Dauphin County, Pennsylvania, 17036. He is married. 4. The relationship of the plaintiff to the child is that of mother. The plaintiff resides with the following persons: Name Relationship Trevante Coleman Son 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Anthony Coleman Rebecca Zawinsky-Coleman Son Wife 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. '"' ^ ".'~: ,"' ,,,-,', _ '0 ~ . ',',-, ~"' ^ ,,,,-,. '"' ,'-," ",,",'_ > ^ <,^ "," " Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Mother has been the primary caretaker of the child since birth; b) Mother provides a consistent and stable atmosphere for the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant to her sole legal and physical custody of the child. Date: q\ \&l I. CD ~(); cY'^-Q )yI ~ 1!lf...~-;'O_~ ime L. Jab ski Certified Legal Intern ~YI~/- THOMAS M. PLACE ROBERT E. RAINS Supervising Attorney TERI HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 71 7 /243-2 968 " ~ '. " ,~^ ,,;.: 0" , ~ ~, """ ~ ' ., "' ';~, ., VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: g / rz-! DO I I 3:fdtp~2~ ""'.'" ~' ~ '] Ii '0' " 'q " ~j' ;, ..- ,~- -". -""""- '- -- ~'~<i-\f,i' :< - ~,~ "'~~,~ oolm." ~, " ", ",,1 ",,;"~'-"" . ,': ' ,,', T 0 0 () C 0 -n "7 V> -uCO f'1 l' rnni -0 z::n " Z,' - -(f! (f'~. .::- :,)'",., 1-J ~O j2\~.J -0 ",-',-, Jg ::K t:)~ ~" f:7? ',:5P1 ..'-\ ~ ~ "" ;J;; N :::. -,'" '" '-'-" , ,""~ "'b'", "'l\I", BRANDY W. SMITH, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW MICHAEL COLEMAN, Defendant NO. OO-c;.;J / J" CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Brandy W. Smith, Plaintiff, to proceed in forma pauperis. I, Jaime L. Jablonski, of the Family Law Clinic, Certified Legal Intern for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date:~\ \.:J\,DD ~\fVltQ ,,':I gcJlJ.<T71A.JQ,,-, J e L. Jablonski ertified Legal Intern ROBERT~S V\ 'f- THOMAS M. PLACE Supervising Attorney TERI HENNING Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 . . " " ,~ 1 "'-'---' '~', ': " ~,. ,j BRANDY W. SMITH, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA : CIVIL ACTION - LAW MICHAEL COLEMAN, Defendant : NO. 00- CIVIL TERM AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my fInancial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. ram unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Brandy W. Smith Address: 400 First Street, Carlisle, P A 17013 Social Security No.: 211-48-1189 (b) Employment If you are presently employed, state Employer: Magic Years Childcare & Learning Center Address: 1007 Rana Villa, Camp Hill, PA 17011 Salary or wages per month: $1,080.59/month ($7. 18/hour 35 hrs/week) Type of work: daycare provider If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: None. Other self-employment: None. Interest: None. Dividends: None. Pension and annuities: None. Social security benefIts: None. Support payments: $ 425.70/month ($198.00 ev~ry two weeks) Defendant is not paying child support on a regular basIs. There are arrearages in excess of $1,000.00. Disability payments: None. Unemployment compensation and supplemental benefIts: None. Workman's compensation: None. Public Assistance: None. Other: None. (d) Other contributions to household support: None. , ,','", " -- ", ,"',~ --,-- ~--,'-- - ,~ '8';' \;' "",; '''; . """'" (Wife)(Husband) Name: If your (wife)(husband) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: None. Contributions from parents: None. Other contributions: None. (e) Property owned Cash: $5.00 Checking account: $50.00 Savings account: $25.00 Certificates of deposit: None. Real estate (including home): None. Motor vehicle: Make: Dodge Neon Year 1996 Amount Owed $199.00/month Stocks; bonds: None. Other: None (f) Debts and obligations Mortgage: None. Rent: $470.00/month Loans: Car Loan- $199.001 month Other: Gas: $20.00/month Electric: $80.00/month Phone: $50.00/month Cable: $35.00/month Food: $250.00/month Car Insurance: $60.00/month Gas for car: $88.00/month ($22.00/week) Mastercard: $52.00/month Visa: $54.00/month Medical bills: $40.00/month Babysitting: $50.00/month (g) Persons dependent upon you for support (Wife)(Husband) Name: None. Children, if any: Name: Age: Trevante Allen Coleman 4 Other persons: None. Name: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. , ' "...,," ,',,' ,;"'.-' " ~' ,._~ "'. ::iaj 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ( Date~CO r~~ !.,)rct'fh "-.....fu dyW. t . ,,:,., .1 ,,,,,,,,, 'II :ill" "U.1kt':l1:'----;.......~ ~ '""'~11id'~ iliilillflillrillMiIiiilIilil. ';'-' , ,,"~,",; .~ .,'" ,",0 ';, , ki 'I ! ""\; g c:> 0 c:> -n 3:.:: (/) ',-;:-l -p():! r-rl ,;~':; :s-' roc" -0 ,"r.'" Z::() - -"...'rT1 ~S;,~ -/)Q ,tC' ,) ~ 2"' ~~(~~ C\ -0 "" ~o ....;,: ~o - csr'l .,.c r:-? -,"l. .~~ .....", N ~ -, ,r:" , . , < ,", ~,>,- '~'" ,. '. "." ~' '":~: BRANDY W. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY MICHAEL COLE~, Defendant NO. 00-6278 CIVIL TERM CERTIFICATE OF SERVICE I, hereby certify that I am serving a true and correct copy of the Custody Complaint on Michael Coleman, residing at 869 Rhue Haus Lane, Apt. F, Hummelstown, PA 17036, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Michael Coleman on the 29th day of September 2000, as evidenced by his signature on the attached green card. ~(];"", y ftM-){flb~ ime L. Jabl ski ertified Leg Intern FAMILY LAW CLINIC 45 N. pitt St. Carlisle, PA 17013 717-243-2968 , . "'" "" ,~",-:"..,.t,:,' ,~~....::.,~~.~ ' . .. - ,j '_'l"""',.~" _o~,_ '- .:.' "","- ~;.., '-,:~,' " ~ "'" "- ",',', 0 0 0 c: Co -11 <" Q ,..... 'U05 " ;'I'iP;l n1rn -l :z: :JJ I -,",iTI ZC;;.' ::~9 (1)",-", <...0 -<,,- :=::CJ !S:o -'0 ,_": -r, ~C) ~ ~5~ )>0 l)~ c: -(;! ~ :D (A) -< . IN Complet items '1 j' 2, ~nd 3'. Also' complete item 4 if ; estricted Delivery is desired. . Print you~ name and aljdress on the reverse so that wb can return the ca.rd to you. . Attach this card to the back of the mall piece, or on the 'front if space permits. t. Article Addressed to: ,c'? D. Is delivery address different from item 1? If YES, enter delivery address below: fl(iC!Jta~ (]o/R1YlO-n 'if 6lq '/?hUe. H-aus Lane. Ap+ F. ..... ..... I-lIlWl me1stown en 1103". I ,. 3. Service Type, )'II Certified Mall 0 Express' ,Mail o Registered )id..Return Receif)t for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) -4 Ves 2. Article?N[!mber (<?dpnfrqm ~eryife tapeq i : i : 1t': i '$J f{oqq lMatJ' bOlf/1 qqijll" ~'O.:rl,41 ,... i i i PS Form 3811, July 1999 IJGm8$lic Reluni'R...,,,, r'- IT" IT" .:T IT" U'1 t:J t:J '" .-'I C Restricted Delivery Fe~e<~' t:I (Endorsement Requir~.l ~:I'! ' -" ~ r:: r: ,~ ~ ,;;!1i ",;, , . " ~ ,. -,' - (:J "'0', Post H" t:J t:J .:T m IT" IT" t:J r'- 102595-99-M.1789 "-' ~', ll"'" , ~, '" ,~, ~"''''''''~~'i ~ r '"' BRANDY W. SMITH, plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : NO. 00-6278 CIVIL TERM . . MICHAEL COLEMAN, Defendant . . CIVIL ACTION - LAW IN CUSTODY . . ORDER OF COORT AND l'DIJ, this /<.. r day of Oc.hw consideration of the attached Custody Conciliation Report, and directed as follows: , 2000, upon it is ordered 1. The Mother, Brandy W. Smith, and the Father, Michael Coleman, shall have shared legal custody of Trevante Allen Coleman, bom June 1, 1996. 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 his health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child at least 2 times per month at times and dates to be arranged by agreement of the parties. The Father shall notify the Mother at least one week in advance of the selected date for a period of custody when the Father is not working. The Mother shall notify the Father as promptly as possible of any plans or scheduled activities that the Child should not miss so that the Father can arrange his work and custody schedule accordingly. 4. The parties shall make arrangements for custody of the Child on holidays by agreement. 5. Neither party shall do or say anything which may estrange the Child frail 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 take all reasonable steps to ensure that third parties having contact with the Child comply with this provision. 6. 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: Jaime L. Jablonski and Teri Henning, Michael Coleman, Father ~ J. for Mother ,~~ )V~/(.ATV, '--t'- -, :1 II i 'I rl ,~ -~, - "~,,~.~ ~ ~, ~ ~ --0' '," c ~." " , '~. - 01"1' OD ..'1." , tJ PH 3: 2: I" ", ,', t"', r'>(',; ." frY C1 ,iI";-,-'j.."-,, i--".'U' "vUl"i. .'lhvl......L., ,,-, '-l-' - PENNS'ill/'~NIt\ ,.. J ~~~)f'~~fl"'~'~'E'WiW.'l""'''?f~"""".;'',"";~~"~,...~Jl,,,,,,,,,. "<Wl"_t1~,lmo_~"" {'~'", ,~, ,]J r r ,-', ~~.iI<1t>_ .... BRANDY W. SMITH, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 00-6278 CIVIL TERM . . . MICHAEL COLEMAN, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . CUSTODY CXJ!ilCILIATIClIT SUMMARY REP(RT IN AccnIDANCE WITH CUMBERLAND COONTY 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: DATE OF BIRTH NAME CURRENT.LY IN COS'.LOOY OF Trevante Allen Coleman June I, 1996 Mother 2. A Custody conciliation COnference was held on October 10, 2000, with the following individuals in attendance: The Mother, Brandy W. Smith, with her counsel, Jaime L. Jablonski and Ted Henning, Esquire, and the Father, Michael Coleman, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. () cJr; b.f.-.t 10, 19-600 Date M.. -'~ Dawn S. Sunday, Es ire Custody Conciliator - - . ~'," .~- ~ ~ ~~, ~ ~ ~ "I " ""~~.' '- '" BRANDY W. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-6278' CIVIL TERM . . MICHAEL COLEMAN, Defendant : CIVIL ACTION - LAW IN CUSTODY . . aIDER OF COURT AND NeW, this 1& & consideration of the attached and directed as follows: day of (p~ , 2000, upon Custody Conciliation Report, it is ordered 1. The Mother, Brandy W. Smith, and the Father, Michael COleman, shall have shared legal custody, of Trevante Allen Coleman, born June 1, 1996. 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 his health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child at least 2 times per month at times and dates to be arranged by agreement of the parties. The Father shall notify the' Mother at least one week in advance of the selected date for a period of custody when the Father is not working. 'The Mother shall notify the Father as promptly as possible of any plans or scheduled' 'activities that the Child should not miss so that the Father can arrange his work and custody schedule accordingly. 4. The parties shall make arrangements for custody of the Child on holidays by agreement. 5. Neither party shall do or say anything which may estrange the Child frcxn 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 take all reasonable steps to ensure that third parties having contact with the Child comply with this provision. 6. 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. TRUE COpy FAOM RECORD In T Ilstlll'lOny lJIiherElQf, I,here. unto set ll1yhand and the seal of said Court at Carlisle. Pa. This q ~.. day- of~f:.:;;. .2-Dvi) -"f' - fJ.. ---- ~ cc: Jaime L. JatB~1:&f'tl Teri Henning, Esquire - COunsel for Mother Michael Coleman, Father BY THE COURT, Is/ 1~ Q /Ju..J I I J. ~'~~~ ~~~ -,'" ~.'I!jjIf~ i~&J'i . ~ . BRANDY W. SMITH, : IN THE COURT OF OOMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. : NO. 00-6278 CIVIL TERM : MICHAEL COLEMAN , : CIVIL ACTION - LAW Defendant . IN CUSTODY . CUSTODY CX:NCILIATIClIT SUMMARY REPCRl' IN AccnIDANCE WITH CUMBERLAND COONTY RIlLE 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 CURRENT.LY IN CUSTODY OF Trevante Allen Coleman June 1, 1996 Mother " 2. A CUstody COnciliation COnference was held on October 10, 2000, with the following individuals in attendance: The Mother, Brandy W. Smith, with her counsel, Jaime L. Jablonski and Teri Henning, Esquire, and the Father, Michael Coleman, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. () cJr; b.f.-.t 10, 19-60 0 Date /l J 4 Lt,k:t: Dawn S. Sunday, Es ire CUstody Conciliator -, ~. DEe 01 2000 tb : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY -\. 11i . 1"';;' -~i;;' , ---, . BRANDY W. SMITH, Plaintiff v. MICHAEL COLEMAN, Defendant : NO. 00-6278 CIVIL TERM f.... AGREEMENT AS TO CUSTODY TillS AGREEMENT, made this day of ,2000, between Brandy W. Slnith, hereinafter "Mother," and ~1ichae! Coleman, hereinafter "Fat..lter," concerns the custody of the child Trevante Allen Coleman, born June 1, 1996. Mother and father desire to enter into an agreement as to the custody of the child. Mother and father agree to the following: 1. Mother shall have sole legal and sole physical custody of the child, Trevante Allen Coleman. 2. Father has been informed and understands that the Family Law Clinic does n6trepresent him and cannot give him any legal advice. If Father wants legal advice on this matter, he understands that he must see his own attorney. 3. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of the Court. 4. This Order shall supersede any previous Custody Order concerning Trevante Allen Coleman. ~~~ ichael Coleman, Defendant __0~ randy W. S . , Plai t ff . ~~ \ '_b::l~ cJW(l\Q.- I eL. a onsk ified Legal In em - - - ~ ' ~, .lit_ ^~L Th all . Place Robe . Rains Teri L. Henning SUPERVISING ATTORNEYS h i / 'J ;",'. '\lo\( ,. ,,: \~ ,. . '(',. ' '\:i \1 I I FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ORDER . AND NOW, this S day of ~ , 2000, the foregoing Agreement is approved and entered all an Order of Court. 1(\;;)- _" ~ 00 tff ,~,5~}, \ \2.~ -;1;1 1. :i~~.w.-~'."""'""I~--~""''--'--- l l .Y v -"'" .,.. >- ,.... i:: ~ -::l <5 z WQ ::::>.s; ~ 82; ~' :JC ~-;g "'1: "'- [")~ '75:! Cc". If) .", l>.JL I s~ , Er:bl u O::t.5 !iJ r-~ '-'I ;:!f)t CJ ~.o... ,~- 0 ::5 Q 0 0 ,_~. d', C"" .' ,-"" A- ". ", ~. -'> ,. '-""'~~ ~ -, .. "'j .. , . . -~.. . " ',,=h -,>-,.,-.., .",,; .~,., . """,,,"""'-~'_',.,J,,~-:~'. ' -~'1.", BRANDY W. SMITH, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 00-6278 CIVIL TERM MICHAEL COLEMAN, Defendant ORDER OF COURT You, Michael Coleman, defendant, have been sued in court to modify custody of the child: Trevante Allen Coleman. You are ordered to appear in person at _.m., for ,on . at -----'- a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE ALA WYER 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, Fennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities andreasonable 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. '~,-. '. .<- . . ,,_~'f ~,. -'~_. ~~ "~'- ,. , ~ ;;~'-:-.;i:~'-i-";--_'",,' . BRANDYW.SMITH, Plaintiff : INTHECOURTOFCOMMONPLEAS OF :CUMBERLANDCOUNTY,PENNSYLV ANIA :CIVILACTION-LA W :INCUSTODY v. MICHAELCOLEMAN, Defendant :NO.00-6278 CIVIL TERM PETITION FOR MODIFICATION OF CUSTODY ORDER Brandy W. Smith, Plaintiff, by and through her attorneys, The Family Law Clinic, brings this Petition seeking sole legal and sole physical custody of her child, Trevante Allen Coleman, born June 1, 1996. In support of her petition, Petitioner states as follows: 1. The petition of Brandy W. Smith, respectfully represents that on October 16, 2000 an Order of Court was entered for custody of Trevante Allen Coleman. A true and correct copy of the October 16, 2000 Order is attached as Exhibit A. 2. The October 16, 2000 Order should be modified because: a) Since the date of the that Order, Plaintiff and Defendant have agreed that Plaintiff would have sole legal and sole physical custody of the child, as evidenced by the Agreement as to Custody, attached as Exhibit A, and incorporated herein by reference. b) Plaintiff has been the primary caretaker of the child since birth; c) Plaintiff provides the child with a home with the necessary moral, emotional, and physical surroundings to meet the child's needs; d) Plaintiff continues to exercise parental duties on behalf of the child and enjoys the love and affection of the child; and e) Defendant has not had continuous and ongoing contact with the child. ..~'C_! . . ,., '".-' ~ ~. ' - " -"'-~ .A WHEREFORE, Petitioner asks that the Court modifY the October 16,2000 Custody Order and grant Brandy W. Smith sole physical and sole legal custody of the child, Trevante Allen Coleman, because it will be in the best interest of the child. FAMILY LAW CLINIC ~5 North Pitt street Carlisle, PA 17013 717/240-5204 ~Mn.Oy.~dj(7~ . e L. Jablonsk" Certified Legal Intern ~ J LL\,I ' THOMAS M. PLA~E ROBERT E. RAINS TERI L. HENNING Supervising Attorneys VERIFICATION I verifY that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. . Date i I lAlo J 00 fi1!1~ lfJ Cn. J) ~. Brandyw.Smt;t d"Wf ~ ,~ ,,~,,"- ,. '_.'0 ',:..- ~"----'" .-'~~'-', (-, ..,.,j.... ",'"-.".,---,,-~ ,,~ ..... "'l.~' - BRANDY W. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY MICHAEL COLEMAN Defendant : NO. 00-6278 CIVIL TERM CERTIFICATE OF SERVICE I, Jaime L Jablonski, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of the Petition for Modification of Custody Order on the following person by depositing a copy of the same in the United States mail, First Class, postage prepaid on the 30th day ofNovernber, 2000: Michael Coleman 869 Rhue Haus Lane, Apt F Hummelstown, PA 17036 Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 717/243-2968 :S,-b-ti.;.-',;", <~' '::"_~>\" ,i,~J,.__ C_:;;"._ "'_"" " "',.., ~ "' ";"-'~.ii.o.t_ in~ . - . . 0 0 0 C C '1 ~ =<': ~ >- C'<J ~ "'Um 0 1T1rtf r:-j'J :t; 0:; Z:1:'1 ~r.:: ;Z; . C7" M 6~ Zr- <,,) ;,:i-~ ,- ;g~ w:! .r"? C> :=~ (3 ~-(~)o :x: Q", c~ " . ~2; D.. p~ ~o " i5~ ::!; . ..' '"JC,) 0 3~ 5:;0 W c5fri 6[:. (V) C _ ~,}_.:u,~ eez ~ ?5 ct~~:' ;;0. LU lLl - C' tOo- t\,) -< f'--- :z :z: L'I'.~ 0 :::> Ci 0 0 ,~ . ,~" -,~.~, ~, c, ~- ,-~-- . ,-" a ",~,~ -. ,"- ~, ,",."~--<" . DEe 0 4 200~ STEVEN HUMMEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6951 vs. COURTNEY BOWEN, Defendant CIVIL ACTION - LAW 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 Tyler Hummel January 16,1999 Father 2. A second Custody Conciliation Conference was held on November 28, 2000, with the following individuals in attendance: the Father, Steven Hummel, and his counsel, Joanne Clough, Esquire; the mother, Courtney Bowen, and her counsel, John Baranski, Jr., Esquire. 3. The parties were seen for an emergency Custody Conciliation at the request of counsel for the Father. Father reports that he has had reports that Mother was in contact with a mutual acquaintance over the weekend of November 18 and 19, 2000, wherein Mother allegedly asked to be allowed to stay at this acquaintance's home because she reportedly had no place to stay that weekend. Father is concerned because this was Mother's custodial weekend and the temperatures had dropped very low at night. Father is concerned that if Mother has inadequate housing, that periods of overnight custody with Mother are unsafe for the minor Child. Father is also concerned that there have been frequent and numerous job and relationship changes in Mother's life which raises concern about the stability of Mother' life style. 4. Mother denies that she was without housing the weekend of November 18 and 19,2000. She admits that she did not stay at home the night of November 18, 2000 because the child had fallen asleep about 11 :00 p.m. and she did not want to wake him to drive home. 5. The parties reached an agreement in the form of an Order as attached. . "" '"~ 1;)/(-~ Date ~~I eli eel Greevy, Esquire Custody Conciliator ',:"", ,-.~ 'Jilliibi~ ,- ~ ,. " '-r:i1:t . , STEVEN HUMMEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6951 vs. COURTNEY BOWEN, Defendant CIVIL ACTION - LAW CUSTODY INTERIM ORDER OF COURT AND NOW, this day of December, 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: The previous Order of November 27, 2000, shall continue in full force and effect with the fOllowing exceptions: 1. Mother shall have no overnight periods of custody pending further Order of this Court. Mother's alternating weekend periods of partial custody shall be altered as follows: to commence the weekend of December 2 and 3, 2000, Mother shall have custody from 8:00 a.m. to 8:00 p.m. each Saturday and Sunday on alternating weekends. 2. The parties shall return to a Custody Conciliation Conference at the office of Melissa Peel Greevy, 214 Senate Avenue, Suite 105, Camp Hill, Pennsylvania, at 4:00 p.m. on December 6, 2000, at which time Mother shall be prepared to address the issue of the adequacy of her living arrangements for the exercise of overnight periods of partial custody with the minor Child. BY THE COURT, Kevin A. Hess, J. Dis!: Joanne H. Ciough. Esquire, Reager & Adler, PC, 2331 Market Street, Camp Hill, PA 17011-4642 John J. Baranski, Jr., Esquire, 35 E. High Street, Carlisle, PA 17013