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HomeMy WebLinkAbout01-04693KYLE W. SMITH . IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. \ DEBRA J. SMITH DEFENDANT 01-4693 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 13, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 12, 2001 at 10:30 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. 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/ Jacqueline M. Verney, Esq1A 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 ATTORNFY 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 b1NWASNN?d AlNncn I :? 'P,? c 1 0AV 10 i _ : ir, KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DEBRA J. SMITH, : NO.O l - q(P 93 CIVIL TERM AUG 827 Defendant : IN CUSTODY 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- . Esquire, the conciliator, at Cumberland County, Pennsylvania, on the day of , 2001, 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. BY 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CARLISLE, PA 17013 (717) 240-3166 KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DEBRA J. SMITH, : NO.0 f - CIVIL TERM Defendant : IN CUSTOD COMPLAINT FOR CUS'T'ODY 1. Plaintiff is Kyle W. Smith, an adult individual currently residing at 43 West Willow Street, Apt. 8, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Debra J. Smith, an adult individual currently residing at 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Alexis Nicole Smith, born February 7, 1997. The child was not born out of wedlock. 4. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATE Kyle W. Smith Debra J. Smith Debra J. Smith 1678 Douglas Drive Carlisle, PA 1678 Douglas Drive Carlisle, PA Birth to February 1, 2001 February 1, 2001, to Present The natural mother of the child is Debra J. Smith who resides as aforesaid. She is married. The natural father of the child is Kyle W. Smith who resides as aforesaid. He is married. 5. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides alone. 6. The relationship of the Defendant to the child is that of natural mother. Defendant currently resides with the child at issue. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 8. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the child to grant the relief requested because: a) From the time of the child's birth until the time of the parties' separation Plaintiff was actively involved in his daughter's life providing day to day care and otherwise meeting the child's physical, emotional, and spiritual needs. b) Since the time of the separation and despite repeated requests and attempts at negotiation, Defendant has unreasonably limited Plaintiff's contact with the child. c) The child is in the care of a third party caretaker during times when Plaintiff is available to care for the child. d) Plaintiff is interested in and wants to again become actively involved in the child's life. e) Plaintiff has the ability and desire to provide for the financial, physical and emotional needs of the child. f) Plaintiff desires an Order or agreement in the form attached as Exhibit "A." 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time he should be granted partial physical custody of the child. Respectfully submitted, W d Marylk p or Esquire Attorney or Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 unworn falsifications to authorities. DATE: ?V lD K E W. SMITH, Plaintiff Plaintiffs Proposed Custody Agreement 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child at the following times: a.) Alternating weekends from approximately 6:00 p.m. on Friday until 6:00 p.m. on Sunday evening; and b.) Every Wednesday evening from approximately 5:00 p.m. until 8:30 p.m. 4. The party receiving custody of the child will provide transportation. Custody exchanges shall involve the parties and the child only; other relatives and friends shall not be in attendance during those times. 5. Mother and Father will attempt to accommodate an arrangement where the child shall be with Mother during Mother's Day weekend and with Father during Father's Day weekend. In the event this requires an exchange of weekends, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day or Father's Day weekend. 6. Each party shall have two non-consecutive weeks of vacation time each year provided that each party will provide the other with thirty (30) days advanced notice of the vacation time. 7. The parties agree to share custody of the child during the holidays of Easter, July 4`s, Thanksgiving, Christmas, and New Year's as follows: a.) Period One: From the day before the holiday at 1:00 p.m. until 1:00 p.m. on the holiday; and b. Period Two: From 1:00 p.m. the day of the holiday until 1:00 p.m. on the day after the holiday. Father shall have physical custody of the child for Period One set forth above and Mother shall have custody of the child for Period Two as set forth above in the year 2001 and all odd numbered years thereafter. Mother shall have physical custody of the child for Period One set forth above and Father shall have custody of the child for Period Two as set forth above for the year 2002 and all even numbered years thereafter. Exhibit "A" 15??7,-'?5a?5 `?E4„)s4'k?k4rhGu".s i %-eyur• ?.,M? :, ri_x,?#r+wm a n -.. , ?:, iF:?:km.?mat :m..:«c:rrorc.?e??a °,?- "°?? "'"m°."'"`°""? ''" y J? rfl W fi t 9 KYLE W. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW DEBRA J. SMITH : NO. 01-4693 Defendant, IN CUSTODY CERTIFICATE OF SERVICE I, Marylou Matas, Esquire hereby certify that I did, the 16" day of August, 2001, cause a certified and true copy of a Complaint for Custody to be served upon the Defendant, Debra J. Smith, by serving her attorney of record, Carol J. Lindsay, Esquire, by first class mail, postage prepaid, at the following addresses: Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 DATE: Z 1 / 0 Marylo , Esqui& Attorney fo laintiff C-, , 7 T'O CJJ _--. i.:J °G. (T KYLE W. SMITH, Plaintiff v. DEBRA J. SMITH, Defendant NOV 16 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4693 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this 10' day of Al "0^^'4cr , 2001, the attached Custody Stipulation and Agreement is hereby made an Order of Court. cc: Marylou Matas, Esquire Attorney for Plaintiff Carol J. Lindsay, Esquire Attorney for Defendant BY THE COURT, VY\'//i AQNN-3d :c, p! '1 .• ?G PiCXu !J ?i KYLE W. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DEBRA J. SMITH, : NO. 2001-4693 CIVIL TERM Defendant : IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between KYLE W. SMITH, (hereinafter referred to as "Father") and DEBRA J. SMITH, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely Alexis Nicole Smith, born February 7, 1997, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child at the following rimes: u awe a.) Alternating weekends from approximately 1-.00 p.m. on Friday untiV00 p.m. on Sunday evening; and b.) During any period of time paternal grandparents are scheduled to provide care for the child, not to include over night periods 4. The party receiving custody of the child will provide transportation. Custody exchanges shall involve the parties and the child only; 5. Mother and Father will attempt to accommodate an arrangement where the child shall be with Mother during Mother's Day weekend and with Father during Father's Day weekend. In the event this requires an exchange of weekends, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day or Father's Day weekend. 6. Each party shall have two non-consecutive weeks of vacation time each year provided that each party will provide the other with thirty (30) days advanced notice of the vacation time. 7. The parties agree to share custody of the child during the holidays of Easter, July 4", Thanksgiving, Christmas, and New Year's as follows: a.) Period One: From the day before the holiday at 1:00 p.m. until 1:00 p.m. on the holiday; and b. Period Two: From 1:00 p.m. the day of the holiday until 1:00 p.m. on the day after the holiday. Father shall have physical custody of the child for Period One set forth above and Mother shall have custody of the child for Period Two as set forth above in the year 2001 and all odd numbered years thereafter. Mother shall have physical custody of the child for Period One set forth above and Father shall have custody of the child for Period Two as set forth above for the year 2002 and all even numbered years thereafter. 8. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 10. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 11. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided for her entire life in Cumberland County, Pennsylvania. 12. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: Date E W. SMITH rr- pmt /M07/01 cZ Q Date DEBRA J. SMITH .• YWxR9B^li?sawwinFWAx - tr?Ia%o,? JtrAr COMMONWEALTH OF PENNSYLVANIA COUNTY OF (Ut VIA b v ( Ot l,?_ LC1 On this ? day of l Y 0V, K419-e-r , 2001, before me, the undersigned officer, personally appeared KYLE W. SMITH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ??vl t otary Public j Notarial Seal Karisa J. Lehman, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 25, 2003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CJJR Y`tC?9-??X? ? On this Irl . day of bU 2001, before me, the undersigned officer, personally appeared DEBRA J. SMITH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SM MERLENE J. MAME1AA NOTARY PUBLIC CARLISLE, CIFREFLLAND COUNTY, PA 004M JUNE 8, 2002 MYCOMMMOM LO n ,a,_ - ?< yiu c cry a, {? a U JAN 1 0 zooz ?" KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-4693 CIVIL TERM DEBRA J. SMITH, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 10`h of January, 2002, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cq line M. Verney, Esquire, Custo Conciliator `?I'J` 1? il4h;p??? J _?, ?? , , DEBRA J. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO.., _,,,CIIVILTERM KYLE W. SMITH, Defendant IN CUSTODY ORDER OF COURT SAIDIS SHUFF,FLOWER & LINDSAY ATMMEYS•AT•LAW 26 W. High Street Carlisle, PA AND now this 34 day of_, 200 upon the within Stipulation of the Parties, the terms of the said Stipulation are hereby made an Order of Court. , L1? fq1 S SQ,1v ?nn? S By the Court, ?liPv d(i3hSN J 1?..uL. 4eL DEBRA J. SMITH, vs. KYLE W. SMITH, 1. The parties hereto are the parents of Alexis Nicole Smith, born February 7, 1997. 2. Custody of Alexis is controlled by the Court's Order of November 20, 2001, entered upon the stipulation of the parties. 3. The parties desire to amend their stipulated agreement and to have that amendment entered as a Court Order as follows: Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 4693 CIVIL TERM IN CUSTODY STIPULATION OF THE PARTIES A. For exchanges of custody on alternating weekends, Mother would deliver the child to the McDonald's on the Walnut Bottom Road at 6:00 p.m. on Friday, and Father will return the child to Mother's home at 6:00 p.m. on Sunday. B. Neither party will speak ill of the other or say or do anything SAIDIS SNUFF, FLOWER III,' & LINDSAY T RNRVS•AT•LAW 26 W. High Street Carlisle, PA which will cause the child to think poorly of a parent or lessen the love and esteem which the child has for the parent. C. Both parents will have the right to make a telephone call to the child when she is in the custody of the other parent at a reasonable time. In the event that the child cannot take the telephone call, because she is absent or otherwise necessarily occupied, the child will return the call promptly. 4. The parties agree to engage Georgie Anderson as the counselor for the parties child, Alexis, and to cooperate with Georgie Anderson and to engage in therapy with her for Alexis' benefit as Ms. Anderson shall request. 5. he parties intend that the terms of this Stipulation be made an Order of Court. Debra J. Smith K W. S Ith /-?-b 7,/o .-)-, , ? 2-/9^0?- Date Date SAIDIS SNUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA cz? TJ -P? M rr. c-i Z ?< =J KYLE W. SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA J. SMITH DEFENDANT • 01-4693 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, May 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 24, 2003 at 2:30 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/ jaequeline M Verney, Esq, u 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 Y F42 r,7 i41_IVnfi/? nR'4?'1?I.9 J'1d(1? d0 55 KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA MAY 2 9 2003( V. CIVIL ACTION - LAW DEBRA J. SMITH, NO. 2001-4693 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW this day of 2003, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before at Esquire, the Custody Conciliator, Cumberland County, Pennsylvania, on the day of , 2003, at _ o'clock _.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 issue to be heard by the Court, and to enter into a temporary Order. All children age five (5) 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, 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 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 Telephone (717) 249-3166 KYLE W. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DEBRA J. SMITH, NO. 2001-4693 CIVIL TERM Defendant : IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY 1. Petitioner is the above named Plaintiff, Kyle W. Smith, an adult individual currently residing at 352 A Street, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Debra J. Smith, an adult individual currently residing at 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Alexis Nicole Smith, born February 7, 1997. 4. The parties are subject to an Order of Court, which was entered by Agreement on November 20, 2001, a copy of said Order being attached hereto and incorporated herein by reference as Exhibit "A", and an Order of Court, which was entered by Agreement on January 3, 2003, a copy of said Order being attached hereto and incorporated herein by reference as Exhibit "B." 5. Since the entry of the aforementioned Order, the child has continued to reside primarily with Respondent. 6. Since the entry of the aforesaid Order, Respondent repeatedly has failed to provide the child to Petitioner at the scheduled times to begin Petitioner's periods of custody. 7. Since the entry of the aforesaid Orders, Respondent has refused and failed to provide the child to Petitioner for the exercise of his partial period of custody for various overnight periods. 8. Since the entry of the aforesaid Orders, Respondent has made disparaging remarks about Petitioner in the child's presence, often berating Petitioner in public during exchanges. 9. On or about May 2, 2003, during Petitioner's regularly scheduled weekend, Petitioner agreed to allow Respondent to keep the child from Friday to Saturday morning after Respondent made plans with the child to take her on a special trip on Friday. On Saturday, May 3, 2003, Respondent failed to relinquish custody of the child to Petitioner so that he could exercise his alternating weekend period of custody. 10. Respondent consistently fails to provide Petitioner with clothing and other necessary personal items for the child for his weekend periods of custody at the exchange time; instead bringing them to Petitioner late in the evening, approximately at 9:00 p.m., interrupting his periods of custody. 11. Respondent fails to allow the child to speak freely on the telephone with Petitioner, often yelling at the child to get off the telephone after thirty (30) seconds of conversation. 12. Petitioner believes Respondent would benefit from anger management counseling. 13. It is in the best interest and permanent welfare of the child to provide Petitioner with additional periods of partial physical or residential custody of the child and set forth a more detailed and confined arrangement with regard to the custodial exchange time. WHEREFORE, Petitioner requests your Honorable Court to schedule a Custody Conciliation Conference, at which time an Order should be entered providing him with partial physical or residential custody of the child. Respectfully submitted, ?u Ak4,o Maryrod tas, Esquire GRIFFI ASSOCIATES 200 N. Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. ?V, s DATE: 5/ ZT/O? KY W. SMITH KYLE W. SMITH, IN I THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DEBRA J. SMITH, NO. 2001-4693 CIVIL TERM Defendant IN CUSTODY rr ORDER OF COURT AND NOW this ,cV1/tlay of 0 V e mI,L e f 2001, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, ?S J. cc: Marylou Matas, Esquire Attorney for Plaintiff Carol J. Lindsay, Esquire Attorney for Defendant EXHIBIT "A" KYLE W. SMITH, IN I THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYF- 7JA r+ 0 V. : CIVIL. ACTION - LAW r Tr Z F: =n Z, F DEBRA J. SMITH, NO. 2001-=1693 CIVIL TERM Defendant IN CUSTODY C: ,= ? cn CUSTODY STIP ULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between KYLE W. SMITH, (hereinafter referred to as "Father") and DEBRA J. SMITH, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely Alexis Nicole Smith, born February 7, 1997, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child at the follgwing times: a.) Alternating weekends from approximately ?:00 p.m. on Friday until ,x:00 p.m. on Sunday evening; and b.) During any period of time paternal grandparents are scheduled to provide care for the child, not to include over night periods 4. The party receiving custody of the child will provide transportation. i, 13"I Custody exchanges shall involve the parties and the child only; etu?. reio e 5. Mother and Father will attempt to accommodate an arrangement where the child shall be with Mother during Mother's Day weekend and with Father during Father's Day weekend. In the event this requires an exchange of weekends, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day or Father's Day weekend. 6. Each party shall have two non-consecutive weeks of vacation time each year provided that each party will provide the other with thirty (30) days advanced notice of the vacation time. 7. The parties agree to share custody of the child during the holidays of Easter, July 4", Thanksgiving, Christmas, and New Year's as follows: a.) Period One: From the day before the holiday at 1:00 p.m. until 1:00 p.m. on the holiday; and b. Period Two: From 1:00 p.m. the day of the holiday until 1:00 p.m. on the day after the holiday. Father shall have physical custody of the child for Period One set forth above and Mother shall have custody of the child for Period Two as set forth above in the year 2001 and all odd numbered years thereafter. Mother shall have physical custody of the child for Period One set forth above and Father shall have custody of the child for Period Two as set forth above for the year 2002 and all even numbered years thereafter. 8. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. Neither parent shall do anything which may estrange the child from the other parry, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 10. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 1 I. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided for her entire life in Cumberland County, Pennsylvania. I'). The parties stipulate that in making this Ageement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITIIESSETH: ,. Qat ?i-g-0i /lia xeo-w? Date K W. SMITH l()/I7/0i ?)-, k.?J Date DEBRA J. SMITH M COMMONWEALTH OF PENNSYLVANIA COUNTYOF On this day of qwU VvAl2 -' 2001, before me, the undersigned officer, personally appeared KYLE W. SMITH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public ? Notarial Seal a Lehman, Notary Public e Bo!o. Cumberland County .:0^ ,:ssicn Expires Aug. 25, ty 2003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CU CY\.'Q-J-a Y\d On this ? I day of , 2001, before me, the undersigned officer, personally appeared DEBRA J. SMITH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not Public NOTARUIL 9F?L YERLENE J. MARNEVKI NOTARY PUSUC CARLISLE. CLUSERLANO COUNTY, PA MY CONAUSSION EJWIRES JUNE S. 2002 JAIN 0 2.2003 i DEBRA J. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW NO.ztOi-4g04 CIVIL TERM KYLE W. SMITH, Defendant IN CUSTODY ORDER OF COURT rd. .3 AND now this - day of 2001, upon the within Stipulation of the Parties, the terms of the said Stipulation are hereby made an Order of Court. SAIDIS SHUFF, FLOWER & LINDSAY A'rMRNEY5•AT-L1W 26 W. High Street Carlisle, PA TRUE COPY F')04it In i asiirrtony : hcreOL, i here un#Q Se# r y hand and + sell of 3a1,4 Court at Carlisle Pa' I hi .....,. Exhibit "B° " Prot onotaty mitt n 7 nnnj By the Court, DEBRA J. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION • LAW NO. 4693 CIVIL TERM KYLE W. SMITH, Defendant IN CUSTODY STIPULATION OF THE PARTIES 1. The parties hereto are the parents of Alexis Nicole Smith, born February 7, 1997. 2. Custody of Alexis is controlled by the Court's Order of November 20, 2001, entered upon the stipulation of the parties. 3. The parties desire to amend their stipulated agreement and to have SAIDIS iHUFF, FLOWER & LINDSAY TMRNM-AT-L. W 26 W. High Street Carlisle. PA that amendment entered as a Court Order as follows: A. For exchanges of custody on alternating weekends, Mother could deliver the child to the McDonald's on the Walnut Bottom Road at 6:00 p.m. on Friday, and Father will return the child to Mother's home at 6:00 p.m. on Sunday. B. Neither party will speak ill of the other or say or do anything which will cause the child to think poorly of a parent or lessen the love and esteem which the child has for the parent. C. Both parents will have the right to make a telephone call to the child when she is in the custody of the other parent at a reasonable time. In the event that the child cannot take the telephone call, because she is absent or otherwise necessarily it occupied, the child will return the call promptly. 4. The parties agree to engage Georgie Anderson as the counselor for the parties child, Alexis, and to cooperate with Georgie Anderson and to engage in therapy with her for Alexis' benefit as Ms. Anderson shall request. 5. he parties intend that the terms of this Stipulation be made an Order of Court. Debra J. Smith K 7 W. Smith / ' Date 12-/ -O Date SAIDIS SHUFF, FLOWER & LINDSAY irMRNM•AT-uw 26 W. High Street Carlisle. PA h- -It CL- y_. C:J ?uj 3 C) Co M O o <' 4? JUN 2 5 2003 ? KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-4693 CIVIL TERM DEBRA J. SMITH, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 3at'l day of 2003, upon consideration of the attached Custody Concili ion Report, it is ordered and directed as follows: 1. The prior Orders of Court dated November 20, 2001 and January 3, 2003 shall remain in full force and effect with the following additions: 2. Father's Petition for Contempt is hereby dismissed with prejudice. 3. The parties agree to arrange for anger management counseling within two weeks of this Order. They further agree to sign any and all releases necessary for their respective counselors to release information to the other party and to the other party's attorney. 4. Father shall have one make up day from July 4 at 1:00 p.m. to July 5 at 1:00 p.m. This shall be in addition to his holiday schedule of July 3 at 1:00 p.m. to July 4 at 1:00 p.m. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ccl K lou Matas, Esquire, for Father ebra J. Smith, pro se 1678 Douglas Drive J Carlisle, PA 17013 06'30 .. 40 R' ?p,V,A LkSNN3d ;;,, : 11;',a 0 V ill i1 O ? h . KYLE W. SMITH, Plaintiff V. DEBRA J. SMITH, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-4693 CIVIL TERM 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 Alexis Nicole Smith February 7, 1997 Mother 2. A Conciliation Conference was held in this matter on June 24, 2003, with the following individuals in attendance: the Father, Kyle W. Smith, with his counsel, Marylou Matas, Esquire. The Mother, Debra J. Smith, pro se. 3. The Honorable Kevin A. Hess entered two Orders of Court dated November 20, 2001 and January 3, 2003 granting shared legal custody with Mother having primary physical custody and Father having periods of partial custody. Father filed a Petition for Contempt alleging several violations by Mother. 4. The parties agreed to the entry of an Order in the form as attached. -d1/ 03 A, L?4.' Date cq line M. Verney, Esquire Custody Conciliator KYLE W. SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA J. SMITH DEFENDANT 01-4693 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 07, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 03, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to 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/ Jacqueline M. Verney, Esq. Custody Conciliator ov 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 (7'17) 249-3166 ;1?1,,-...1 ... ,.Y 90?-/ V KYLE W.SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 01-4693 DEBRA J. SMITH, : Civil Action - Law Defendant : In Custody NOTICE You have been sued in court. If you wish to defend against the claims set forth the following pages, you must take action within twenty (20) days after this Complai and Notice are served by entering a written appearance personally or by attorney ar filing in writing with the court, your defenses or objections to the claims set forth again you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the Court without further notice for any mom claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. Yc may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N( HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TF OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAMIS, LINDSAY 26 West High Street Carlisle, PA R1 IV D SEP 0 6 2006 BY: d RECEIVED SEP 0 6 2006 BY: KYLE W.SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 01-4693 DEBRA J. SMITH, : Civil Action - Law Defendant : In Custody ORDER OF COURT AND now, this _ day of 2006,upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before Jacgueline M. Verney, the conciliator, at 4m Floor, Cumberland County Courthouse, Carlisle, , 2006 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17103 717-249-3166 SAIIIDIS, FLOVVIM n]LUNDSAY SA 26 West High Street Caztisle, PA AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, 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. BY THE COURT: J. KYLE W.SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 01-4693 DEBRA J. SMITH, : Civil Action - Law Defendant : In Custody PETITION FOR CONTEMPT AND MODIFICATION AND NOW, comes the Petitioner, Kyle W. Smith, by and through his counsel of record, Marylou Mates, Esquire, and petitions the Court as follows: 1. Petitioner is the above named Plaintiff, Kyle W. Smith, (hereinafter referred to as "Father") an adult individual currently residing at 352 "A" Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Debra J. Smith, (hereinafter referred to as "Mother") an adult individual currently residing at 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Alexis Nicole Smith, born February 7, 1997. 4. The parties are subject to Orders of Court, dated November 20, 2001, SAIDIS, FLOWER & LINDSAY ?-Uw 26 West High Swett Culisle, PA and January 3, 2003, regarding physical and legal custody of their daughter, which were entered by agreement of the parties. A copy of said Orders are attached hereto and incorporated herein by reference as Exhibit "A" and Exhibit "B" respectively. 5. Since the entry of the prior Orders, the child has resided primarily with her mother. COUNTI PEITTION FOR CONTEMPT 6. Paragraphs 1-5 are incorporated herein as if restated in full. 7. Since the entry of the aforesaid Order, Mother has failed to provide the child to Father at the scheduled times to begin his periods of custody. 8. Pursuant to paragraph 3 of the Order of Court of November 20, 2001. Father is entitled to receive custody of the child on alternating weekends, from Friday at 7:00 p.m. through Sunday at 7:00 p.m. 9. Since the entry of the aforementioned Order, Mother has willfully failed to abide by the terms of the custody order by refusing Father the opportunity to exercise alternating weekend periods of time with the child. 9. Mother failed to make the child available for her weekend time with her Father during the weekend of July 7, 2006 through July 9, 2006, despite being advised of Father's special plans with the child during Father's regularly scheduled weekend time period. 10. Father scheduled a camping trip with the child for the July 7t' weekend period, in February, and was forced to cancel that at the last minute, but was charged for some cost of the trip. 11. Pursuant to paragraph 7 of the Order of Court of November 20, 2001, SA DIS, FLOWER & II INDS" nrmwves• w 26 West High Street Culisle, PA Father is entitled to receive custody of the child on July 4, for 2006, from 1:00 p.m. from July 4, 2006 to 1:00 p.m. on July 5, 2006. 12. Mother failed to make the child available for her holiday period of time with her Father for the July 4 holiday. 13. Counsel for Father forwarded correspondence to Mother dated June 29, 2006, advising her that her failure to provide the child to Father for his periods of custody would result in Father's request that she be held in contempt of the Order. A copy of said correspondence is attached hereto and incorporated herein by reference as Exhibit C. 14. Father previously filed a Petition for Contempt in this matter, due to Mother's failure to make the child available for his periods of custody. 15. Mother continues to willfully disobey the Court's Orders in this matter, refusing Father the opportunity to exercise alternating weekend periods of time with the child. 16. Father was obligated to secure counsel to pursue the within Petition for Contempt and Mother should be responsible for payment of attorney's fees associated with these proceedings that were necessitated due to her failure to abide by the terms of the Court's Order. COUNT II PETITION TO MODIFY 17. Paragraphs 1-17 are incorporated herein as if restated in full. 18. It is in the best interest and permanent welfare of the child at issue to grant the relief requested because: a. Father is equally capable of caring for the child. b. The child desires to spend more time with her father. SAR IS, FLOWER & LINDSAY ximwuersauw 26 West High Street Cazlisle, PA C. Since the entry of the aforementioned Orders, the child has discontinued counseling, though Father sees a continued need for this. d. Father believes the child would benefit from more emotional support from professionals and her parents. e. Father is desirous of being involved in the child's daily life on an equal basis. 19. Father believes it is in the best interest of the child for the parties to share physical custody of the child on an equal basis. 20. Father has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 21. Father does not know of a person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. 22. Mother is not represented by counsel in these proceedings. Notice of the filing of this Petition will be provided to Mother by First Class Mail, postage prepaid at her last known mailing address. WHEREFORE, Petitioner requests this Honorable Court to enter an Order providing for the following: a. For Petitioner to be awarded additional time with the child in addition to the alternating weekend time periods provided for in the Order, to compensate him for periods of time Respondent has failed to allow Petitioner to exercise to the date of any resulting Order. SAIDIS, FLOWER & LUNDS" 26 Wcst High Street Carlisle, PA C. For Respondent to be held in contempt of the Order. d. For Respondent to be responsible for Petitioner's attorney's fees and costs incurred in connection with this matter; e. For Respondent to pay the maximum fine allowed by statute; f. Other sanctions as the Court deems appropriate. For Respondent to be awarded shared legal and physical custody of the child. Respectfully Submitted, SAIDIS, FLOWER & LINDSAY Maryy-+' tas, Esquire 26 Wesf igh Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 Dated: 8/3 I 16(6 Counsel for Petitioner FLOWER 1ST LNNDSM .vm .m:uw 26 West High Street Carlisle, PA 1 I verify that the statements made in the foregoing document 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 falsifications to authorities. A2 Date: K KW. Smith A KYLE W. SMITH, Plaintiff V. DEBRA J. SMITH, Defendant NOV 16 2001 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4693 CIVIL TERM IN CUSTODY AND NOW this 20' day of Nom" , 2001, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, cc: Marylou Matas, Esquire Attorney for Plaintiff Carol J. Lindsay, Esquire Attorneyfor Defendant EXHIBIT s a biNNAIdSNN3d AINn4a 0N;IF SM3 99 .£ NJ OZ AON ID 41 Jo KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DEBRA J. SMITH, : NO. 2001-4693 CIVIL TERM Defendant : IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between KYLE W. SMITH, (hereinafter referred to as "Father") and DEBRA J. SMITH, (hereinafter referred to as "Motheel. WHEREAS, the parties are the natural parents of one child, namely Alexis Nicole Smith, born February 7, 1997, (hereinafter referred to as "Child'); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child at the following times: , p a.) Alternating weekends from approximately 1.00 p.m. on Friday until :00 p.m. on Sunday evening; and b.) During any period of time paternal grandparents are scheduled to provide care for the child, not to include over night periods 4. The party receiving custody of the child will provide transportation. Custody exchanges shall involve the parties and the child only; athererd 5. Mother and Father will attempt to accommodate an arrangement where the child shall be with Mother during Mother's Day weekend and with Father during Father's Day weekend. In the event this requires an exchange of weekends, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day or Father's Day weekend. 6. Each party shall have two non-consecutive weeks of vacation time each year provided that each party will provide the other with thirty (30) days advanced notice of the vacation time. 7. The parties agree to share custody of the child during the holidays of Easter, July 4", Thanksgiving, Christmas, and New Year's as follows: a.) period One: From the day before the holiday at 1:00 p.m. until 1:00 p.m. on the holiday; and b. Period Two From 1:00 p.m. the day of the holiday until 1:00 p.m. on the day after the holiday. , Father shall have physical custody of the child for Period One set forth above and Mother shall have custody of the child for Period Two as set forth above in the year 2001 and all odd numbered years thereafter. Mother shall have physical custody of the child for Period One set forth above and Father shall have custody of the child for Period Two as set forth above for the year 2002 and all even numbered years thereafter. 8. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 10. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 11. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and fiuther acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided for her entire life in Cumberland County, Pennsylvania. 12. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: Date KYCE w. SMITH ?u.nan ?y.-rn-? ?d of ?• Date DEBRA I SM11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF (U, tM ?U A Ot 1&01 On this %? day of H OVZ kMIJQ -? , 2001, before me, the undersigned officer, personally appeared EYLE W. SMITH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 0 . &Wa" otary Public Notarial Seel KarieaJ. Lehmum, Notary Public Carlisle Rom Cumbedox! Couray My Commission Expires Aug. 25, %2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF (.dJN'1 IPAX On this day of 2001, before me, the undersigned officer, personally appeared DEBRA J. SMITH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NNAMILWAL tVIGIUM J14010uAWARY PUBLIC WMAMILMM u? N 1 d o. ? O M ffiz 0 . DEBRA J. SMITH, VS. KYLE W. SMITH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. ' CIVIL TERM IN CUSTODY ORDER OF COURT SA MIS )HUFF, FLOWER & LINDSAY ATRIMM-AT"W 26 W. High Street Cadiele, PA AND now this 3-' day of 200 upon the within Stipulation of the Parties, the terms of the said Stipulation are hereby' made an Order of Court. ?R S By the Court, MNVIMSNN3d MNnOO Cidv.1?a"V'no a?:.i wa -lorsn 3:1e ' DEBRA J. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO. 4693 CIVIL TERM KYLE W. SMITH, Defendant : IN CUSTODY STIPULATION OF THE PARTIES 1. The parties hereto are the parents of Alexis Nicole Smith, born February 7, 1997. 2. Custody of Alexis is controlled by the Court's Order of November 20, 2001, entered upon the stipulation of the parties. 3. The parties desire to amend their stipulated agreement and to have that amendment entered as a Court Order as follows: A. For exchanges of custody on alternating weekends, Mother would deliver the child to the McDonald's on the Walnut Bottom Road at 6:00 p.m. on Friday, and Father will return the child to Mother's home at 6:00 p.m. on Sunday. B. Neither party will speak ill of the other or say or do anything which will cause the child to think poorly of a parent or lessen SAIDIS SHUFF, FLOWER & LINDSAY MORMWAT"W 26 W. High Strad Ca le, PA the love and esteem which the child has for the parent. C. Both parents will have the right to make a telephone call to the child when she is in the custody of the other parent at a reasonable time. In the event that the child cannot take the telephone call, because she is absent or otherwise necessarily occupied, the child will return the call promptly. r 4. The parties agree to engage Georgie Anderson as the counselor for the parties child, Alexis, and to cooperate with Georgie Anderson and to engage in therapy with her for Alexis' benefit as Ms. Anderson shall request. 5. he parties intend that the terms of this Stipulation be made an Order of Court. Debra J. Smith K W. S ith 1--L11 y/n 1. Z2 --S-- Date Date SAIDIS SHUFF, FLOWER & LINDSAY AnURMWAT"W 26 W. Nigh sum Cedwe. PA r O N ti - O ?7 Tl7'' tr I'*1 G7 ,-?'n • zr w .... m CIO y m ? N J JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY MICHAEL L. SOLOMON BRIAN C. CAFFREY GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HDCENBAUGH LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-law.com www.sfl4aw.com CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)7373407 REPLY TO CARLISLE June 29, 2006 Debra J. Smith 1678 Douglas Drive Carlisle, PA 17013 RE: Smith v. Smith Dear Ms. Smith: You will recall that I represent Kyle Smith with regard to custody of your daughter, Alexis. I understand that Kyle's regular weekend period of custody will begin on Friday, July 7 and continue through Sunday, July 9. Kyle informs me that you contacted him in approximately May 2006 to request that he switch weekends with you for his regular weekend period of time, but that he refused to do that, because he made plans for that weekend period of time. He advised you then in May that he planned for he and his daughter to go camping during that weekend. You then approached him again in approximately the first weekend of June 2006 and requested again that he switch weekends with you for that same weekend in July. Again, he advised you that he would not be willing to switch weekends with you. He has made special plans for he and his daughter to go camping over the weekend of July 7 through July 9. It has come to my attention that you have advised Kyle as late as June 25, 2006 that you intended to take your child to Las Vegas over the weekend of July 7 through July 9, during Kyle's regularly scheduled weekend period of time, despite the fact that you know that is Kyle's period of custody and that Kyle has made special plans for he and Alexis. Please be advised that if you do not provide custody of your daughter to Kyle on Friday, July 7, 2006 as ordered, Kyle will take immediate action. Kyle will file a Petition for Contempt with the court. He will request that you be found in contempt of the Order for custody. You should understand that the law states that a "party who willfully fails to comply with any visitation or Partial Custody Order may be adjudged in contempt. That contempt shall be punishable by any one or more of the following: imprisonment for a period not to exceed six months, a fine not to exceed $500.00 or probation for a period not to exceed six months." Kyle will request that your fine or punishment include any and all of those. EXHIBIT Debra Smith • Page 2 of 2 August 30, 2006 Kyle believes that should you choose to remove Alexis from Pennsylvania, this would be viewed as a willful and blatant disregard of the Custody Order and quite frankly, of his parenting privileges. Please reconsider your travel plans for the weekend of July 7. Kyle anticipates that he will be receiving custody of Alexis for his regularly scheduled weekend, as he previously indicated to you. Very truly yours, SAIDIS, FLOWER & LINDSAY Marylou Matas, Esquire MM/lao Enclosure Cc: Kyle Smith KYLE W.SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 01-4693 DEBRA J. SMITH, : Civil Action - Law Defendant : In Custody CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service Debra J. Smith 1678 Douglas Drive Carlisle, PA 17013 First Class Mail T7? -Wc4j FLOWER & LINDSAY Tma.? 26 West High Street Carlisle, PA Dated: ??31 ?d f Mary o Matas, Esquire 26 Wes High Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 Counsel for Petitioner 'R t c ? f "' T W fl" lL) ) ? ?-1 fi r4a no f OCT 0 4 2006 KYLE W. SMITH, : IN THE COURT OF COMMON Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-4693 CIVIL ACTION - LAW DEBRA J. SMITH, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this 9 - day of 0 /v7.v , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Orders of Court dated November 20, 2001, January 3, 2003 and June 30, 2003 shall remain in full force and effect with the following modifications: 2. Paragraphs 2 and 3 of the Order of Court dated November 20, 2001 shall be deleted in their entirety and replaced with the following: 3. The parties shall have shared physical custody on a week on/week off basis with the exchange day and time being Friday at 7:00 p.m. Father's first week shall commence October 13, 2006. 4. Counseling for the child shall resume. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Hess, c ennifer Spears, Esquire, for Father bra J. Smith, pro se 1678 Douglas Drive J Carlisle, PA 17013 O. J. A vn 44 44 10 gooz !i. 1, Ir 1% KYLE W. SMITH, Plaintiff V. DEBRA J. SMITH, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2001-4693 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexis Nicole Smith February 7, 1997 Mother 2. A Conciliation Conference was held in this matter on October 3, 2006, with the following individuals in attendance: the Father, Kyle W. Smith, with his counsel, Jennifer Spears, Esquire. The Mother, Debra J. Smith, did not appear although she had notice of the conference. 3. The Honorable Kevin A. Hess entered prior Orders of Court dated November 20, 2001, January 3, 2003, and June 30, 2003 granting shared legal custody, Mother having primary physical custody and Father having periods of partial custody. Father filed a Petition for Contempt alleging several violations by Mother. 4. Father's Petition for Contempt shall be held in abeyance. Father requested an Order in the form as attached. l0 - N -04P lVl V Date cq line M. Verney, Esquire Custody Conciliator r` _ F KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS.OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001-4693 CIVIL ACTION - LAW DEBRA J. SMITH, Defendant : IN CUSTODY PRACEIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Andrew H. Shaw, Esquire as counsel of record for the Defendant. Date: -lo-17-06 BY: Andr4Ha Es u W'- PA Sup. Ct. ID# 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Enter Appearance, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Jennifer L. Spears, Esquire Martson, Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff Date: 10-17-06 t •? C ° 'a rt c , .' ?h OCT 1/7 7006 KYLE W. SMITH, : IN THE COURT OF COMMON #l A&OF= - -- Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001-4693 CIVIL ACTION - LAW DEBRA J. SMITH, Defendant : IN CUSTODY ORDER AND NOW, this Zo day of Owe her 2006, it is ORDERED that a Custody Conciliation Conference shall be scheduled in this matter, the Order dated October 9, 2006 is vacated, and the prior Order(s) in effect prior to October 3, 2006 are hereby reinstated. BY THE COURT; 4 J. r Spears, Counsel for Plaintiff drew H. Shaw, Esquire, Counsel for Defendant _ ="f?N!dia'iT2?FS y.IEAtl?id"? ? J V'ik-? AIs,SNNld S 0 : q Wd 03130 900Z AElvioNJGNIOdd 3Ni 30 3OU O-GlY KYLE W. SMITH, : IN TBE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001-4693 : CIVIL ACTION - LAW DEBRA J. SMITH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of October, 2006, upon consideration of the attached Petition, it is hereby Ordered and directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2006, 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. BY THE COURT: J. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6100 KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2001-4693 : CIVIL ACTION - LAW DEBRA J. SMITH, Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the Defendant, Debra J. Smith, by and through her attorney, Andrew H. Shaw, Esquire, and respectfully avers the following: 1. Plaintiff resides at 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant resides at 352 "A" Street, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, Alexis Nicole Smith, born February 7, 1997. 4. Court Orders were issued in this matter on November 20, 2001, January 3, 2003, and October 9, 2006. Copies of the Orders are attached hereto and incorporated by reference as Exhibit A, Exhibit B and Exhibit C, respectively. The most recent Order, October 9, 2006, was signed by the Honorable Kevin A. Hess. 6. Pursuant to the current Order dated October 9, 2006, the parties share legal custody of Alexis. 7. On or about September 1, 2006, Plaintiff filed a Petition for Contempt and Modification. 8. On or about September 2, 2006, Defendant received a copy of the Petition in the mail, via first-class mail. 9. The attorney representing the Defendant, Marylou Matas, Esquire was made aware of a conflict of interest in that she had recently become an associate at Saidis, Flower & Lindsay, and Plaintiff's attorney, Carol I Lindsay, was a partner at the same firm. 10. It is believed that Plaintiff obtained a new attorney at some point prior to the conciliation conference held on October 3, 2006. 11. It is believed that due to the change in attorneys, Defendant did not receive notice of the conciliation conference. 12. Defendant intended to attend the conciliation conference, and was waiting on notice of the same. 13. This matter should be rescheduled for a custody conciliation conference, to properly address the issues raised in Plaintiff's Petition filed on September 1, 2006, and to provide Defendant an opportunity to respond to the allegations in Plaintiff s Petition. 14. Because the current Court Order was entered on the basis that Defendant failed to attend the custody conciliation conference on October 3, 2006, it is appropriate for the Court to vacate said Order and reinstate the Order(s) that was in effect prior to October 9, 2006. WHEREFORE, Plaintiff requests this Honorable Court Order a new custody conciliation conference based on Plaintiff's Petition filed September 1, 2006; and vacate the Order entered October 3, 2006, thereby reinstating the Orders that were in effect prior to October 3, 2006. Date: 10'17`06 Respectfully submitted, By: AAarew H. Shaw"Es4re PA Sup. Ct. ID# 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Defendant N?45f4" OCT-16-2006 MON.11;58 AM Sixth Floor Medicine JUN=01-2000(THU) 01.26 VERIFICATI FAX NO, 717 531 5317 P. 03 1 P. 002/00? i verify that the Statements m$de in this Petition arc true and corrod• l understand that false statements herein axe made subject to the penalties of 1S Pa.C.S. Section 4904, relating to ummm falsification to authorities. Debra J. Smith OCT 0 4 2006 KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-4693 CIVIL ACTION - LAW DEBRA J. SMITH, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this % day of ololeR, , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated November 20, 2001, January 3, 2003 and June 30, 2003 shall remain in full force and effect with the following modifications: 2. Paragraphs 2 and 3 of the Order of Court dated November 20, 2001 shall be deleted in their entirety and replaced with the following: 3. The parties shall have shared physical custody on a week on/week off basis with the exchange day and time being Friday at 7:00 p.m. Father's first week shall commence October 13, 2006. 4. Counseling for the child shall resume. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Jennifer Spears, Esquire, for Father Debra J. Smith, pro se 1678 Douglas Drive Carlisle, PA 17013 T RUM 9d 1- i?anar: 91 S ?i 0 My hand BY THE COURT, NOV 16 2001 KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DEBRA J. SMITH, : NO. 2001-4693 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW this 20' day of A1PK -'1'v , 2001, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, cc: Marylou Matas, Esquire Attorney for Plaintiff' Carol J. Lindsay, Esquire Attorneyfor Defendant VNVA VSNN3d kNnoo (-lMnU3SYVno 99 :E fed OZ AON 10 _ 1J,? _U "14 KYLE W. SMITH, ; IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DEBRA J. SMITH, :NO. 2001-4693 CIVIL TERM Defendant : IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between KYLE W. SMITH, (hereinafter referred to as "Father") and DEBRA J. SMITH, (hereinafter referred to as "Mother 1. WHEREAS, the parties are the natural parents of one child, namely Alexis Ncole Smith, born February 7, 1997, (hereinafter referred to as "Child % and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: Mother and Father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child at the following times: q 7 0? "-" a.) Alternating weekends from approximately 1:00 p.m. on Friday until/00 p.m. on Sunday evening; and b.) During any period of time paternal grandparents are scheduled to provide care for the child, not to include over night periods 4. The party receiving custody of the child will provide transportation. Custody exchanges shall involve the parties and the child only; v&ei-relet aa? 5. Mother and Father will attempt to accommodate an arrangement where the child shall be with Mother during Mother's Day weekend and with Father during Father's Day weekend. In the event this requires an exchange of weekends, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day or Father's Day weekend. 6. Each party shall have two non-consecutive weeks of vacation time each year provided that each party will provide the other with thirty (30) days advanced notice of the vacation time. 7. The parties agree to share custody of the child during the holidays of Easter, July 4, Thanksgiving, Christmas, and New Year's as follows: a.) period One: From the day before the holiday at 1:00 p.m. until 1:00 p.m. on the holiday; and b. Period Two From 1:00 p.m. the day of the holiday until 1:00 p.m. on the day after the holiday. Father shall have physical custody of the child for Period One set forth above and Mother shall have custody of the child for Period Two as set forth above in the year 2001 and all odd numbered years thereafter. Mother shall have physical custody of the child for Period One set forth above and Father shall have custody of the child for Period Two as set forth above for the year 2002 and all even numbered years thereafter. 8. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 10. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 11. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided for her entire life in Cumberland County, Pennsylvania. 12. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: t //-oB al i Date K E W. SMITH ?1p?t? ?y?rrr- r? ? ld 0l ?v Date DEBRA J. SMIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF C IA Inn h.2 r L a ttiOj On this v day of HbVLkj4192,? , 2001, before me, the undersigned officer, personally appeared KYLE W. SMITH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Wq'I qtw-a-' Notary Public No al Sea[ Kadsa J. Lehman, Notary PuW1c CaAisle Boro, Cumberland Ccumrriyy My Commission Expires Aug.25, 20D3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C. l On this day of 2001, before me, the undersigned officer, personally appeared DEBRA J. SMITH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. EJ-MW*W r?wuL e?u. VKkNWMYPUaue Ia UJQ g CR) a ? Z .. n ? `o v.. DEBRA J. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION -LAW : NO. - CIVIL TERM KYLE W. SMITH, V01-41046: Defendant : IN CUSTODY ORDER OF COURT SAIDIS MUFF, FLOWER & LEGISAY AnVRKM-AP UW 26 W. ISigk Shea Caftle, PA AND now this 34 day of ?en+ 200 upon the within Stipulation of the Parties, the terms of the said Stipulation are hereby made an Order of Court. ?0? lyiR S 1 SQ.,;a*% s By the Court, VNVIMS*9dNnO MNnn? he?i wa ?-??tirso DEBRA J. SMITH, Plaintiff Vs. KYLE W. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 4693 CIVIL TERM IN CUSTODY STIPULATION OF THE PARTIES 1. The parties hereto are the parents of Alexis Nicole Smith, born February 7, 1997. 2. Custody of Alexis is controlled by the Court's Order of November 20, 2001, entered upon the stipulation of the parties. 3. The parties desire to amend their stipulated agreement and to have that amendment entered as a Court Order as follows: A. For exchanges of custody on alternating weekends, Mother would deliver the child to the McDonald's on the Walnut Bottom Road at 6:00 p.m. on Friday, and Father will return the child to Mother's home at 6:00 p.m. on Sunday. B. Neither party will speak ill of the other or say or do anything which will cause the child to think poorly of a parent or lessen SAUDIS SNUFF, FLOWER & LINDSAY M M MAMW 16 W. High Street caiLle, PA the love and esteem which the child has for the parent. C. Both parents will have the right to make a telephone call to the child when she is in the custody of the other parent at a reasonable time. In the event that the child cannot take the telephone call, because she is absent or otherwise necessarily occupied, the child will return the call promptly. 4. The parties agree to engage Georgie Anderson as the counselor for the parties child, Alexis, and to cooperate with Georgie Anderson and to engage in therapy with her for Alexis' benefit as Ms. Anderson shall request. 5. he parties intend that the terms of this Stipulation be made an SAIDIS SNUFF, FLOWER & LINDSAY ATMW &AT"W 26 W; HlS6 Sbet WWe, PA Order of Court. Debra J. Smith ? U &? I Za K W. S ith Date Date CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition for Special Relief, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Jennifer L. Spears, Esquire Martson, Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff Date: r Andrew H. Shaw, CJ ,7 - c? -O CJJ Q _ ?7 GJ 2 i ..-a en E. 64U. IN RE: KYLE SMITH V DEBRA SMITH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO.2001 4693 AFFIDAVIT OF PERSONAL SERVICE On this 12th day of October, 2006, I, ROBERT W. LINDSAY, PENNSYLVANIA STATE CONSTABLE, hereby certify that I personally served the Order of Court on Debra Smith, by handing her a copy of said Order of Court at 1678 Douglas Drive Carlisle, PA 17013 .at 2:00 P.M. I, ROBERT W. LINDSAY, PENNSYLVANIA STATE CONSTABLE, verify that the statements made in this affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are C.S.A, Section 4904 relating to unworn falsification to Date, Day of October 2006 Sworn to and subscribed before me this d c of October, 2006 TARY PUBLIC OF CUMBERLAND ALMAY 27, 2007 RM0 subject to penalties of 18 Pa.. dsay s Constable ? a © i M, r ?- f--r-, .-t C3 (DM <a ? w 4 KYLE W. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-4693 CIVIL TERM DEBRA J. SMITH, CIVIL ACTION-LAW Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Petitioner is Debra J. Smith, (hereinafter referred to as "Mother"), who is an adult individual residing at 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Respondent is Kyle W. Smith, (hereinafter referred to as "Father"), an adult individual who is an adult individual residing at 352 A Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of Alexis N. Smith, born February 7, 1997, (hereinafter referred to as "Child") 4. The parties are governed by several custody Orders, which are attached hereto as Exhibits A, B, C & D. 5. The December 26, 2006 Order of Court provides that father has physical custody of the child every Friday overnight. 6. The every Friday provision was included in the Order because mother previously worked every Friday; mother no longer intends to work on Friday evenings and desires to have the child on alternating Fridays, overnight. WHEREFORE, mother respectfully requests that the Custody Order be modified to delete the provision in the December 26, 2006 Order at paragraph 3.C. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: L' -. -L •fl$ Michael A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: l yr Q Debr J.'Smith KYLE W. SMITH, Plaintiff V. DEBRA J. SMITH, Defendant Nov 16 2001 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAME NO. 2001-4693 CIVIL TERM IN CUSTODY 1 ; I) D1 ; ! 1 J' AND NOW this -2 0 ? day of 2001, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, J. cc: Marylou Matas, Esquire Attorney for Plaintiff , •,_`?`• _ /, U_ o Carol J. Lindsay, Esquire `?? < - Attorney for Defendant Exhibit "All KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DEBRA J. SMITH, : NO. 2001-4693 CIVIL TERM Defendant : IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between KYLE W. SMITH, (hereinafter referred to as "Father") and DEBRA J. SMITH, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely Alsxts Nicole Smith, born February 7, 1997, (hereinafter referred to as "Child'); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child at the fallowing times: a.) Alternating weekends from approximately f-00 p.m. on Friday until/.00 p.m. on Sunday evening; and b.) During any period of time paternal grandparents are scheduled to provide care for the child, not to include over night periods 4. The party receiving custody of the child will provide transportation. Custody exchanges shall involve the parties and the child only; 5. Mother and Father will attempt to accommodate an arrangement where the child shall be with Mother during Mother's Day weekend and with Father during Father's Day weekend. In the event this requires an exchange of weekends, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day or Father's Day weekend. 6. Each party shall have two non-consecutive weeks of vacation time each year provided that each party will provide the other with thirty (30) days advanced notice of the vacation time. 7. The parties agree to share custody of the child during the holidays of Easter, July 4', Thanksgiving, Christmas, and New Year's as follows: a.) Period One: From the day before the holiday at 1:00 p.m. until 1:00 p.m. on the holiday; and b. Pgriod Two: From 1:00 p.m. the day of the holiday until 1:00 p.m. on the day after the holiday. Father shall have physical custody of the child for Period One set forth above and Mother shall have custody of the child for Period Two as set forth above in the year 2001 and all odd numbered years thereafter. Mother shall have physical custody of the child for Period One set forth above and Father shall have custody of the child for Period Two as set forth above for the year 2002 and all even numbered years thereafter. 8. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 10. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 11. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided for her entire life in Cumberland County, Pennsylvania. 12. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: r Date KYCE W. SMITH Date DEBRA J. SMITH COMMONWEALTH OF PENNSYLVANIA COUNTY OF C tA V" V r t On this ? day of H OV1. K t r , 2001, before me, the undersigned officer, personally appeared KYLE W. SMITH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. AV-oj v"vY.- t &* I ; otary Public Notagial Seal Karlsa J. Lehman, Notary Public CadMe gore, (,"unberWM County My Commisslon Expires Aug. 25, 2003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF COn this day of 0, 2001, before me, the undersigned officer, personally appeared DEBRA J. SMnH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTA#aALBEAL tiff" E J. MAIIKA, NOTARY PUBLIC MYOOMM NI 'MR 0 MM S JUK S. 2= DEBRA J. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO.,,- _ ,,CML TERM KYLE W. SMITH, 4,4 Defendant IN CUSTODY ORDER F COURT AND now this 310 day of , 201, upon the within IF F Stipulation of the Parties, the terms of the said Stipulation are hereby made an Order of Court. SAIDIS SNUFF, FLOWN R S & LINDSAY a 26 w. Hi;h saes CadWe, PA Exhibit "B" u By the Court, II j' SAIDIS SHM, FLOWER III & LINDSAY ATNRIMMAT"W 26 w. High Street Culbd , PA DEBRA J. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO. 4693 CIVIL TERM KYLE W. SMITH, Defendant : IN CUSTODY STIPULATION OF THE PARTIES 1. The parties hereto are the parents of Alexis Nicole Smith, born February 7, 1997. 2. Custody of Alexis is controlled by the Court's Order of November 20, 2001, entered upon the stipulation of the parties. 3. The parties desire to amend their stipulated agreement and to have that amendment entered as a Court Order as follows: A. For exchanges of custody on altemating weekends, Mother would deliver the child to the McDonald's on the Walnut Bottom Road at 6:00 p.m. on Friday, and Father will return the child to Mother's home at 6:00 p.m. on Sunday. B. Neither party will speak ill of the other or say or do anything which will cause the child to think poorly of a parent or lessen the love and esteem which the child has for the parent. r C. Both parents will have the right to make a telephone call to the child when she is in the custody of the other parent at a reasonable time. In the event that the child cannot take the telephone call, because she is absent or otherwise necessarily occupied, the child will return the call promptly. 4. The parties agree to engage Georgie Anderson as the counselor for the parties child, Alexis, and to cooperate with Georgie Anderson and to engage in therapy with her for Alexis' benefit as Ms. Anderson shall request. 5. he parties intend that the terms of this Stipulation be made an Order of Court. ti Debra J. Smith 11 f K W. S lth Date SAIDIS SHUFF, FLOWER & LINDSAY Arf RIRWATOLAW 26 W. High street Carlble, PA /, 9 --/8-0- Date JUN 2 5 2003 e 4p, - KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-4693 CIVIL TERM DEBRA J. SMITH, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ?a day of , 2003, upon consideration of the attached Custody Concili ' on Report, it is ordered and directed as follows: 1. The prior Orders of Court dated November 20, 2001 and January 3, 2003 shall remain in full force and effect with the following additions: 2. Father's Petition for Contempt is hereby dismissed with prejudice. 3. The parties agree to arrange for anger management counseling within two weeks of this Order. They further agree to sign any and all releases necessary for their respective counselors to release information to the other party and to the other party's attorney. 4. Father shall have one make up day from July 4 at 1:00 p.m. to July 5 at 1:00 p.m. This shall be in addition to his holiday schedule of July 3 at 1:00 p.m. to July 4 at 1:00 p.m. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, e7elo'b'rnm rap lou Matas, Esquire, for Father J. Smith, pro se 1678 Douglas Drive J Carlisle, PA 17013 Lo:v \j?c->A73 Exhibit „c,,, _ 710' DEC 18 2006 pig KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 20014693 CIVIL ACTION - LAW DEBRA J. SMITH, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this Jay of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated November 20, 2001, January 3, 2003 and June 30, 2003 shall remain in full force and effect with the following modifications: 2. Paragraph 3 of the Order of Court dated November 20, 2001 shall be deleted in its entirety and replaced with the following: 3. Father shall have periods of partial physical custody as follows: A. Alternating weekends from Friday, from after school or after work to Tuesday morning when he shall assure that the child is transported to school or prior to leaving for work in the summer, Father shall drop off the child at Mother's residence. B. Every Monday from after school or after work to Tuesday as set forth in paragraph 3A. C. Every Friday from after school or after work to Saturday morning at 8:00 a.m. 4. Counseling for the child shall resume and continue at the discretion or advice of the counselor. 5. The receiving party shall continue to transport except as set forth herein. 6. Paragraph 3C of the Order of Court of January 3, 2003 shall be deleted in its entirety and replaced with the following: 7. The Father may telephone the child on Wednesdays at 8:00 p.m. If the child is not available at that time, Mother shall assure that the child will return the call to Father. Exhibit "D'1 8. Neither parent may relocate outside of the current school district without prior Order of Court. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, L 9 . t%q d Kevin . Hess, J. cc: Jennifer Spears, Esquire, for Father Andrew Shaw, Esquire, for Mother 1 11* TRUE r^wv "^v r ;URD In TRtimr:- =t my hand and(the seol u. 1 e, Pa. f KYLE W. SMITH, Plaintiff V. DEBRA J. SMITH, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :20014693 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 Alexis Nicole Smith February 7, 1997 Mother 2. A Conciliation Conference was held in this matter on December 18, 2006, with the following individuals in attendance: the Father, Kyle W. Smith, with his counsel, Jennifer Spears, Esquire and the Mother, Debra J. Smith, with her counsel, Andrew Shaw, Esquire. 3. The Honorable Kevin A. Hess entered prior Orders of Court dated November 20, 2001, January 3, 2003, and June 30, 2003 granting shared legal custody, with Mother having primary physical custody and Father having periods of partial physical custody. (A prior Order of Court was entered by the Honorable Kevin A. Hess dated October 9, 2006 which was vacated on October 20, 2006). Father filed a Petition for Contempt alleging violations of the Court Orders by Mother and a Petition to Modify Custody Order. 4. The parties agreed to the entry of an Order of Court in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator ^?+c?, ...,. O ?^ T _ ?-J FEB 2 7 z d of KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-4693 CIVIL ACTION - LAW DEBRA J. SMITH, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this Z I' day of 1d--V4. , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated November 20, 2001, January 3, 2003, June 30, 2003 and December 26, 2006 are hereby vacated. 2. The Mother, Debra J. Smith and the Father, Kyle W. Smith, shall have shared legal custody of Alexis N. Smith, born February 7, 1997. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as tc make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: A. Alternating weekends from Friday, from after school or after work to Tuesday mornings when he shall drop off the child at Mother's home. Al '? n n AC ? sa B. During the school year, on the Wednesdays after Father's custodial weekend, from after school to 8:30 p.m. C. During the summer recess from school, on the Wednesdays after Father's custodial weekend, from after work to Thursday morning when Father shall drop off the child at Mother's home. D. On the Mondays before Father's custodial weekend from after school or after work until 8:30 p.m. 5. Mother and Father will attempt to accommodate an arrangement where the child shall be with Mother during Mother's Day weekend and with Father during Father's Day weekend. In the event this requires an exchange of weekends, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day and Father's Day. 6. Each party shall have two non-consecutive weeks of vacation time each year provided that each party will provide the other with thirty (30) days advanced notice of the vacation time. 7. The parties agree to share custody of the child during the holidays of Easter, July 4th, Thanksgiving, Christmas, and New Year's as follows: A. Period One: From the day before the holiday at 1:00 p.m. until 1:00 p.m. on the holiday; and B. Period Two: From 1:00 p.m. the day of the holiday until 1:00 p.m. on the day after the holiday. Father shall have physical custody of the child for Period One set forth above in all odd numbered years and Period Two in all even numbered years. Mother shall have physical custody of the child for Period One in even numbered years and Period Two in all odd numbered years. 8. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. Neither parent shall say or do anything, nor permit a third party from saying or doing anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 10. Father shall be responsible for transportation unless otherwise agreed. 11. The parties shall have liberal telephone contact with the child. 0 12. The parties shall cooperate with family counseling to be set up by Mother. The child may be included upon the recommendation of the counselor. 13. Neither parent may relocate outside of the current school district without prior Order of Court. 14. This Order is entered pursuant to an agreement of the parties rea :hed 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, Kevin cc: Michael A. Scherer, Esquire, for Mother ?Jennifer Spears, Esquire, for Father ?opit.s ?r?.i?? 2/as/o8 J. KYLE W. SMITH, Plaintiff V. DEBRA J. SMITH, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2001-4693 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 Alexis Nicole Smith February 7, 1997 Mother 2. A Conciliation Conference was held in this matter on February 26, 2008, with the following individuals in attendance: the Mother, Debra J. Smith, with her counsel, Michael A. Scherer, Esquire and the Father, Kyle W. Smith, with his counsel, Jennifer Spears, Esquire. 3. The Honorable Kevin A. Hess entered prior Orders of Court dated November 20, 2001, January 3, 2003, and June 30, 2003 and December 26, 2006, granting shared legal custody, with Mother having primary physical custody and Father having periods of partial physical custody. (A prior Order of Court was entered by the Honorable Kevin A. Hess dated October 9, 2006 which was vacated by Order of Court dated October 20, 2006). 4. The parties agreed to the entry of an Order of Court in the form as attached. a-97-of --c A- V Date acq ine M. Verney, Esquire Custody Conciliator F:T1LES\C1ients\ 12196 K Smith\ 12196. l .specialrehef Revised: 7/16/09 9:42AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KYLE W. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-4693 CIVIL ACTION - LAW DEBRA J. SMITH, Defendant : CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER and avers as follows: 1. Petitioner is Kyle Smith, (hereinafter referred to as "Father"), who resides at 352 A Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Debra Smith, (hereinafter referred to as "Mother"), who resides at 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of Alexis N. Smith, born February 7, 1997, (hereinafter referred to as "Child"). 4. The parties are currently governed by an Order of Court of February 27, 2008, which was entered pursuant to an agreement of the parties at a Custody Conciliation Conference, a copy of which is attached as Exhibit "A." 5. The Custody Conciliator in this case has been Jacqueline M. Verney, Esquire. 6. The Honorable Kevin A. Hess has signed the current and prior Orders in this case. 7. Pursuant to the February 27, 2008 Order, Paragraph 6, "Each party shall have two non-consecutive weeks of vacation time each year provided that each party will provide the other within thirty (30) days advanced notice of the vacation time." 8. On February 19, 2009, Father provided notice of his intended weeks of vacation to Mother by a letter from his counsel to hers, well in advance of the 30 day notice requirement. A copy of said letter is attached hereto as Exhibit "B." 9. Father chose his vacation dates through work at the beginning of the year and made plans for his vacation with his daughter accordingly for the week of August 2, 2009, to take a trip to Delaware. 10. Mother is refusing to allow Father to take Child on his pre-planned vacation which is less than two (2) weeks away. 11. Mother enrolled Child in a volleyball camp for the week of August 2nd and is insisting she attend that camp instead of going on vacation with Father. 12. Mother already sent Child to one volleyball camp this summer. 13. Mother repeatedly disregards the Order of Court, and most recently kept the Child over the 4th of July holiday AND Father's regular weekend without his agreement. 14. Mother has exhibited a pattern of refusing Father his Court-Ordered time and continually interferes with plans that Father and Child have. 15. Mother has failed to follow through with Court-Ordered co-parenting counseling, taking almost one-year to schedule it, and then subsequently canceling the second appointment and refusing to go. 16. Mother refuses to communicate with Father despite Father's constant attempts to communicate amicably and be flexible with the custody schedule. 17. Father's vacation weeks trump the regular custody schedule and Father provided six months notice of his intended vacation. 18. Mother's counsel is Michael A. Scherer, Esquire, who has been informed that this Petition would be filed, and whose client does not consent with the requested relief. 19. Father requests an immediate hearing on the matter before Judge Hess, or in the alternative, an expedited Conciliation Conference to occur during the week of July 20, 2009. The Conciliator has indicated she has time next week for a Conciliation. 20. Father requests that this Court order Mother to pay $500.00 in attorney's fees for continual, contemptuous disregard of the Custody Order. 21. Father requests that this Court once again Order Mother to attend co-parenting counseling with Father, with a minimum of five (5) sessions, to resume with Franco & Associates and to occur within 3 months. WHEREFORE, Father requests that this Honorable Court Order and Direct that Father may take Child on his vacation during the week of August 2, 2009, that the parties attend a minimum of five (5) co-parenting counseling sessions within three (3) months, and that Mother pay Father's attorneys fees in the amount of $500.00. MARTSON LAW OFFICES By Jennifer L. pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 16, 2009 VERIFICATION Jennifer L. Spears, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for Plaintiff in the within action, certifies that the statements made in the foregoing Petition for Special Relief are true and correct to the best of her knowledge, information and belief, based upon information provided by Kyle Smith. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Mr. Smith is out of the area on vacation and his signature could not be obtained within the time allowed for filing this document. Jennif r L pears, Esquire CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 MARTSON LAW OFFICES By Ten Eat gh Street Carlisl A 17013 (717) 243-3341 Dated: July 16, 2009 e0t y Vol UYtr ?Y t? X 1333 Q? KYLE W. SMITH, JUL 17 2009 Plaintiff V. DEBRA J. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4693 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this ' 7-0' day of July, 2009, in consideration of the Plaintiff's Petition for Special Relief, it is hereby ORDERED and DIRECTED as follows: 1.I A?earin all b Id o u at 2. In the alternative, a Custody Conciliation Conference shall be held with Jacqueline M. Verney, Esquire during the week of July 20 or July 27, 2009. 3. Fa er shall be all d to take the Child, xis Smith, on vacation during the week of August 2, 20 4. Mothe ust att d co-par ing counsel' g with Fa r, for a minimu of five (5) sessions, to esum with Fran o & As ciates and too cur wit ' 3 months. 5. Mother shall p 500.00 in attorney's s to Martson Law Offices within 30 days of the date of this Order. Distribution: ,Ker ifer L. Spears, Esquire, for Plaintiff ;chael A. Scherer, Esquire for Defendant A h9LED-O -Fi,:1E OF THE rrt'NOT.APY 2009 JUL 21 PM I.5 U PC: NIS" f 4`ANif AUG 0 3 200y? KYLE W. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-4693 CIVIL ACTION - LAW DEBRA J. SMITH, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this S/' day of ,? j &&- 1- , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 27, 2008 shall remain in full force and effect with the following additions. 2. Father shall have physical custody of the child from July 31, 2009 to August 7, 2009 at 8:30 p.m. Mother shall have physical custody of the child from August 7, 2009 to August 14, 2009. 4. Father shall have physical custody of the child for his regular weekend, August 14-August 16, 2009. 5. Mother shall have physical custody of the child from either, Sunday evening, August 16, or Monday morning, August, 17, 2009 until August 21, 2009. 6. During Father's week of July 31 to August 7, he shall insure that the child is transported to her orthodontist appointment on Thursday, August 6, 2009. 7. Father's request for attorney's fees is hereby withdrawn. 8. It is recommended that the parties communicate via email. 9. This Order is entered pursuant to an agreement of the parties reached 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. 4 cc: J ufer Spears, Esquire, for Father -*Michael A. Scherer, Esquire, for Mother k -S `a.L w•? BY THE COURT, KYLE W. SMITH, Plaintiff V. DEBRA J. SMITH, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2001-4693 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 Alexis Nicole Smith February 7, 1997 Mother 2. A Conciliation Conference was held in this matter on July 31, 2009, with the following individuals in attendance: the Father, Kyle W. Smith, with his counsel, Jennifer Spears, Esquire and the Mother, Debra J. Smith, with her counsel, Michael A. Scherer, Esquire 3. The Honorable Kevin A. Hess entered a prior Order of Court dated February 27, 2008, granting shared legal custody, with Mother having primary physical custody and Father having periods of partial physical custody. 4. The parties agreed to the entry of an Order of Court in the form as attached. r Date acq ine M. Verney, Esquire Custody Conciliator FLED--` F T14, t fi,... f " ? ARY 2009 AUG -4 Pil 12= },:, j cumi.