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HomeMy WebLinkAbout99-05769 (2) i-a I BRANDI LYNN MULL, PLAINTIFF LUCINDA S. ENGLE, INTERVENOR/PETITIONER V. DWAYNE MICHAEL SMITH, DEFENDANT/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5769 CIVIL TERM ,ORDER OF COURT AND NOW, this ( day of August, 2004, upon consideration of the petition to intervene and for an emergency custody order, the following order is entered regarding the child, Jordan Michael Smith: (1) The request of Lucinda S. Engle to intervene in this matter, IS GRANTED, (2) The custody order of November 15, 1999, IS VACATED. (3) Intervenor/Petitioner Lucinda S. Engle is granted temporary legal and physical custody of Jordan Michael Smith, born July 6, 1999, until further order of this court. (4) Dwayne Michael Smith shall have such rights of visitation as shall be agreed to by intervenor/petitioner. (5) A hearing on the petition for emergency relief filed by Lucinda S. Engle and the petition for emergency relief filed by Dwayne M. Smith shall be conducted at 3:00 p.m., Wednesday, August 18, 2004, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court," Edgar B. Bayley, Tl ??J 1...: ( 1_[ ?._ (!)` t11 _? IJJI_`_ ?L.1 ?? ?' 4 LL U cv tJ Marvin Bashore, Esquire For Lucinda S. Engle Andrew C. Spears, Esquire For Dwayne Michael Smith :sal BRANDI LYNN MULL, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA S. ENGLE, Intervenor/Petitioner :CIVIL ACTION - LAW :CUSTODY V. :NO. 99-5769 DWAYNE MICHAEL SMITH, Defendant/Respondent ORDER OF COURT AND NOW, 2004 upon consideration of the attached Petitition/Complaint, it is hereby directed that the parties and their respective counsel appear before the Custody Conciliator, on the day of - at o'clock,_.m.,at Pennsylvania, for a Pre-Hearing Custody Conference. At such Conference, an effort will be or if this cannot be accomplished, to define and narrow the made to resolve the issues in dispute; issues to be head by the court, and to enter into a Temporary Order. apPear l at the conference may older may also be present at the conference. Failure of a party appear provide grounds for the 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, office. All please contact our arrangements must be made at least 72 hours or business before the court. you must attend thescheduled conference or hearing. any 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) 249-3166 BRANDI LYNN MULL, Plaintiff LUCINDA S. ENGLE, Intervenor/Petitioner V. DWAYNE MICHAEL SMITH, Defendant/Respondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :CUSTODY :NO. 99-5769 PETITION TO INTERVENE AND FOR AN EMERGENCY CUSTODY ORDER NOW, comes Petitioner, Lucinda S. Engle, by her Attorney, Marvin Beshore, Esquire, and for her Petition states: 1. This matter concerns physical and legal custody of Jordan Michael Smith, bom July 6, 1999. 2. Intervenor/Petitioner, Lucinda S. Engle is an adult person residing at 108 Fourth Street, New Cumberland, Cumberland County, Pennsylvania 17070. She moves to intervene herein as grandmother of the subject child. 3. The Petitioner is the maternal grandmother of the child, Jordan Michael Smith, date of birth July 6, 1999. 4. Brandi Lynn Mull, mother of Jordan Michael Smith, was awarded custody of Jordan Michael Smith pursuant to the Order herein, which is attached as Exhibit A hereto. Brandi Lynn Mull died July 27, 2004. An original Certificate of Death is attached to this Petition and hereby filed with the Court. 5. Since birth, the child, Jordan Michael Smith has resided with the following persons and at the following addresses: Brandi Lynn Mull, (now deceased) 108 Fourth Street Past year to the present Lucinda S. Engle, Petitioner New Cumberland, PA Joseph E. Engle, Jr., husband of Petitioner Bobbi Joe Parthemore, matemal brother of Jordan Michael Smith Brandi Lynn Mull Johnson 416 Water Street Six months before Richard Johnson New Cumberland, PA 17070 current residence Pheobe Johnson Brandi Lynn Mull, 300 Block of Bridge Street (rear) Approximately one New Cumberland, PA 17070 year Brandi Lynn Mull Borough of Goldsboro Etters PA 17319 Brandi Lynn Mull Third and Market Streets New Cumberland, PA 17070 Brandi Lynn Mull, 108 Fourth Street 3 to 8 months of New Cumberland, PA age 6. The relationship of the Petitioner to the child is that of Maternal Grandmother. 7. The relationship of the Defendant/Respondent to the child is that of father. 8. The Defendant/Respondent father currently resides in Mt. Joy, Lancaster County, Pennsylvania at an unknown street address. 9. The Defendant/Respondent currently resides with his girlfriend "Jessica"; last name not known. It is not known if there are any other persons residing with them. 10. Petitioner has not participated as a party or witness in the proceedings at this Docket in 1999. Petitioner has no information of any custody proceedings concerning child pending in any of the Courts of the Commonwealth. 11. Petitioner does not know of any person not a party to the proceedings who has had physical custody of the child or claims custody or visitation rights with respect to the child. 12. The best interests and permanent welfare of the child will be served by granting the relief requested because the child: (1) has resided with Petitioner in her home for the last year; (2) has been in close touch with Petitioner during all of his natural life while residing with Mother nearby; (3) Father has not exercised regular rights of visitation with the child during any period of his life. Within the last year he has only seen the child for two short periods of time within the last six weeks of his Mother's life; and (4) it will be in the best interests and welfare of the child for stability for his present residence to be maintained. 13. Intervenor/Petitioner needs right of custody in order to enroll the child in school and obtain medical attentions form him as needed and otherwise exercise custody and care for him. 14. The Defendant/Respondent father currently resides in Mt. Joy, Lancaster County, Pennsylvania at an unknown street address. WHEREFORE, Petitioner requests that the Court grant her Emergency Temporary Legal and Physical Custody subject to such rights of visitation with the father as shall be agreed upon by the parties. Date: August 6, 2004 Respectfully submitted, Attorney I.D. No. 319 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorney for Intervenor/Petitioner Verification The above-named petitioner, Lucinda S. Engle, verifies that the statements made in the above Petition for Emergency Custody Order are true and correct. The petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: August 5, 2004 Or^ -oCc. S LUCINDA S. ENGLE Petitioner InmxuA PP• u,Nrl This is to certify lhiu the information here given is conecth copied From an original CCIIilicale of death duly filed with me as Local Registrar. The original certificate %%ill he limearded to the Stott Vital Records Office fin permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fec Fur this certificate, 52.00 I l I,.1? No. JUL 3i 2004 Date In w. ae? COMMONWEALTH OF PENNSYLVANIA -DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH s.. I •nlxUNNII NAME Of DECEDENT IFn1. MMJM.Iwq SEX SOCIAL 5ECUPot(NUMBER DAIEOF CIA]N IM+nN,Ury, Y.) ENandi L Johnso ,. . n ,Female , 198 - 58 - 8045 , July 27, 2004 AGE It.. BWtl"Y) R 'A I Av DAfE Oi BINl11 VI I I IRLACE PI All k AIICI. s ' r f MmNY BYYI HAN Mmluc> (MUnm, DaY YnA, SWJwiwk omkN - F. 26 Yn p 9-12-77 , Leloisbu:W°? Lx,wrl,N..? pn.? . [wY ? ...E] °^- ? j • COUNTY OF DEATH CITY. BOND. TINT OF DEATH FACILITY NAME(IIIM nwl-j-In41r1 WAS DECEDENT OF HISPANIC ORIGIN? RACE, AmYr.IN FUR.wuh, Boa. WIMak IS Cumbertland .New CumbeA land N 108 4th Su ®.ywYQ XR:R. c BN, sp.Ml White DFCEOENTB USEFUL OLCUPAtION $N AS OECE OE NI EVENDECE DE NI 'S E OUCAD0N ..HAL SCANS MMIwtl. 511RVIVIHG SIgUSE k ° I "I ° 1 Mw US ANAIEO{ONCESt Iswh+A l..y.>u ur..rpaNlr N.... Mmyi WtlWN. IT. . Pnm,wxlrwnl a.u.M w:mwwrN-.m"el N © llamw.lliwl.• Cr.NC. Dlvw[W 19pYUy1 Yet? - [ ° H.. Hou6ewi6e 1b. Own Home ,:, o. hartd Johnson DECECENT9IMILINGADOPE5515YUl, LKynMn. nl.,:UCaYI DECEDENT'S ' ,].. 544 PPlltt F 11aD (n pM 416 Wa.teA Street ALrV. y ,T[.? Y... 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T 'I j: ,It, 'MEDCAL E.YAMW ENCORONER • r AMk AND ALONE SS 01 PERSON NO COMFLVED CAUSE OF DEATH On W. Mk40y N.mqullm "•[tlI MM Im FIX Y PII •JNV1 NJM N. yIm tll nJ IN.N,k Otl.Y lM..NNH).nJ 1..., 20 1'W N., w INu 1.J wik.4 RiC1•LI INJ ? BRN1 qu 9.a p:J v N, ..L_. rv.d....l 1 NIGHT IGNAIUflE K?ILP ER DAI[ III IHIMmN.Oq,yuq v Y A i Exh bit A IYWtll?k?hFMMKnikM%wu .. ...__,...._. .._.... .... ....., _... :. .,...„..a. K. L ):,'2f b"+c.{.T,?rx4`ms{.' ® o?ra[m .*?w?uss?n L BRANDI LYNN MULL, Plaintiff VS. DWAYNE MICHAEL SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 99-5769 CUSTODYNISITATION ORDER AND NOW, this 1- day of !::n 1999, upon receipt of the Conciliator's Report, it appearing that the Plaintiff and her counsel appeared at the conciliation but the Defendant did not appear although he was served with an Order scheduling the conciliation, it is hereby ordered and directed as follows: 1. All prior Orders in this case are VACATED. 2. Mother shall have primary legal and physical custody of the minor child, Jordan Michael Smith, d.o.b. July 6, 1999, subject to periods of partial custody and visitation with Father as agreed upon. 3. If Father feels aggrieved by this Order, he may petition the court for another conciliation. Dawn L. Lisi, Esquire Mr. Dwayne Michael Smith mlb BY THE COURT, isr &"t , 13 . ,/ EDGAR B. BAYLEY, J. `- ,y T i 'r, , .' I irro urdn --t my hand wtl 1iu s a1 0. Z 1 ::ours at Carlk h:, Pa. This ...../5.?. 27 ddy of.....' 19.99. .. Ca ?.. ?......... ..... Prothonotary BRANDI LYNN MULL, Plaintiff VS. DWAYNE MICHAEL SMITH, Defendant JUDGE PREVIOUSLY ASSIGNED: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 99-5769 CUSTODYNISITATION The Honorable Edgar B. Bayley CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Jordan Michael Smith July 6, 1999 Defendant 2. A Conciliation Conference was held on November 4, 1999, and the following individuals were present: the Plaintiff and her attorney, Dawn L. Lisi, Esquire; the Defendant did not appear for the conference although he was serviced with notice of same. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. S. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: November 10, 1999 )Wdj di Michael L. Bangs Custody Conciliator F: UI " l U_ C? oz?? ('l t7 I CJ 8 (J J l fi CJ lJ m O n W a O Z m Z J w 1 0 W a N m N ry m W F m w 0 N 0 w i 0 a a o Q a ? m' x N 1 ll 6 a 2 NOIM•v3ixi eos m avm --oxx?? oxi. UVIS vis m ro NCISoisinwr'nrn I'M 11 1. 1 AUG 09 2004 V BRANDI LYNN MULL IN THE COURT OF COMMON PLEAS OF PLAINTIFF C'UM131:RLAND COUNTY, PENNSYLVANIA V. 99-5769 CIVIL ACTION LAW DWAYNE M. SMITH IN C'UST'ODY DF.FF.NDAN'I' ORDER OF COURT AND NOW, Thursday, August 19, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, September I6, 2004 at 10:30 AM fora 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 T I IE COURT, By: ls/ Melissa P .r vy, Esq. mnc 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 'I-HL OFFICE SE (- FORTH BELOW TO FIND OUT WHERE YOU CAN GI I LEGAL HELP. Cumberland County Bar Association 32 South Becilixd Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3 166 y?a74 «? Z G?oLc' Q. AUG 1 2 2004 '? BRANDI LYNN MULL, Respondent/Plaintiff, v. DWAYNE M. SMITH, Petitioner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW DOCKET NO. 1999-5769 IN CUSTODY ORDER AND NOW, this day of 2004, you, are ORDERED to appear in person in the , , Pennsylvania on _ at o'clock a.m./p.m. for a Custody Conciliation Conference. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street, P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 BY THE COURT: Date Custody Conference Officer cc: Andrew C. Spears, Esquire, Attorney for Plaintiff Wendi A. Mull 71004.1 BRANDI LYNN MULL, Respondent/Plaintiff, v. DWAYNE M. SMITH, Petitioner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW DOCKET NO. 1999-5769 IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, this 16ay of August, 2004, comes the Petitioner/Defendant, Dwayne Michael Smith, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and files the within Petition of which the following is an averment: Dwayne Michael Smith (hereinafter "Father") is the natural father of Minor Child Jordan Smith, dob: 7/6/1999. Petitioner currently resides at 18 Lancaster Estates, Mount Joy, Lancaster County, Pennsylvania, 17552. 2. Respondent would have been Brandi Lynn Johnson (hereinafter "Mother"), natural mother of the above-mentioned Minor Child. However, on July 27, 2004, Mother died. 3. On or about November 15, 1999, a Custody Order was entered by this Honorable Court regarding custody of the Minor Child. 4. The November 15, 1999 Order provides, inter alia, that Mother shall have primary physical custody of the Minor Child. Father shall have partial physical custody of the Minor Child as agreed upon by the parties. 5. Since the entry of said Order, there have been significant changes in the custodial circumstances, in that: a. Mother died on July 27, 2004; 310044-I b. Father believes, and therefore avers, that he is able to provide a stable environment for the Minor Child; C. Father is in a position, both financially and emotionally, to provide a stable and nurturing environment for the Minor Child; d. The maternal aunt who has taken the Minor Child has refused Father access to the Minor Child. WHEREFORE, Father respectfully requests that this Honorable Court enter a Custody Order granting Father primary physical custody of the Minor Child. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. J-1 Andrew C. Spears 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110.0300 (717) 238-8187 Date: iT- 310044.1 VERIFICATION I, Dwayne M. Smith, verify that the statements made and facts presented in the foregoing Petition to modify Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities 310044-1 1 CERTIFICATE OF SERVICE AND NOW, this ? y? day of August, 2004, I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Petitioner/Defendant, hereby certify that I served a copy of the within Petition for Emergency Relief in this matter this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ms. Wendi A. Mull 125 Market Street New Cumberland, PA 17070 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Z-?L-- Andrew C. Spears, Esquire Attorney Id. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: August ?\ 2004 310045.1 IULi. LL1 LII .; C? BRANDI LYNN MULL, RESPONDENT/PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DWAYNE MICHAEL SMITH, PETITIONER/DEFENDANT 99-5769 CIVIL TERM ORDER OF COURT AND NOW, this _1?2 day of August, 2004, upon agreement of counsel, the hearing currently scheduled for August 18, 2004, is cancelled and rescheduled for Friday, August 27, 2004, at 1:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Edgar B. Bayley, J. _ r A , arvin Beshore, Esquire For Lucinda S. Engle, Intervenor ?Andrew C. Spears, Esquire For Dwayne Michael Smith :sal '> V 68-jf?-ail n???...?: i - ... ,_ c. ... .. Aua,13.42004 3:40PM MiiSP aw Be shore No•2124 P- ''t MARVIN EESHORE Attorney at Low 130 STATE STREET, P.O. BOX 946 14ARRISBURG,PA 17108-0946 Email: mbgshar amblawfln cnm TclcPhOnc: (717) 236-1791 Fax: (717) 236.0791 August 23, 2004 VIA FAX; 24o-6462 Honorable Edgar B. Bayley Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103-3387 RF,: Custody No. 99-5769 (Cumberland County) Dear Judge Bayley: As you are aware, l will out of town and unavailable to participate in the hearing in this matter scheduled for next Wednesday. I have spoken with Attorney Spears, counsel for Mr. Smith, and they have kindly agreed to the hearing being re-scheduled to August 27th at 1:30 p.m., a dale and time when your office indicated it would be possible to re-schedule the matter. 1 would also like the Court to know tht the parties have been in communication and will be arranging for agreed-upon visitation of the child with his father during the interim period. Thank you for your courtesies in this matter. ?MB:ch cc: Lucinda S. Engle (via fax) Andrew Spears, Esq. (via fax) SEP2 0 i- ".bp BRANDI LYNN MULL, Plain tiff/Petitioner v. DWAYNE MICHAEL SMITH, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION :NO. '- 5?L.09 ORDER AND NOW, this _ 7A_ day of September, 1999, upon consideration of the Petition for Special Relief, the following Order is entered regarding the arties' child, Jordan Michael Smith: 1. The Petitioner, Brandi Lynn Mull, is granted physical ustody of the child until such time as the court may hear the custody case. 2. The Respondent shall return the minor child to Petitioner immediately. 3. The Middletown Borough Police or any other appropriate authorities shall enforce this Order upon presentation of a certified copy thereof. By the Court J. ) FILED-O; FILE OF Tt; r?r'rl!1N OTPAY 94 SEP 20 PM w j! PEN."Sy k'vNiA Mc?L.ci ail cs 4 BRANDI LYNN MULL, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DWAYNE MICHAEL SMITH, : CUSTODY/VISITATION Defendant/Respondent : NO. Q?- s7c09 PETITION FOR SPECIAL RELIEF 1. Petitioner, Brandi Lynn Mull, resides at 108 Fourth Street, New Cumberland, Cumberland County, Pennsylvania. 2. Respondent, Dwayne Michael Smith, resides at 51 East Main Street, Middletown, Dauphin County, Pennsylvania. 3. Petitioner is the natural mother of Jordan Michael Smith, born July 6, 1999. Respondent is the child's natural father. 4. There is no Custody Agreement between the parties in this case. 5. Petitioner has had primary physical custody of the child since birth. 6. Respondent has had periods of partial physical custody since the child was born. 7. The parties verbally agreed that Respondent would enjoy physical custody of the child from September 13, 1999 to September 19, 1999. 8. On September 19, 1999, Petitioner went to Middletown to pick up her son. At that time, she sought the assistance of local police. Respondent refused to release the child. The police would not intercede. 9. On September 20, 1999, Respondent told Petitioner that he would return the child to her custody if she would pay him $300.00 that she allegedly owes him. 10. On September 20, 1999, Petitioner filed a Custody Complaint in the Cumberland County Court of Common Pleas. 11. The best interests and welfare of the minor child will be served by granting the relief requested, because the child has been nurtured and cared for since birth by his mother, and due to the child's tender age, it would be in the best interest of the child to return the child to Petitioner. WHEREFORE, Petitioner requests that this court enter an Order granting Petitioner physical custody of the minor child until such time that the custody case may be heard, and specifically ordering the Respondent to comply with the same, making the child available for immediate return to the Petitioner. ?? 1 1? Date: Respectfully submitted, MMSPAW & BESHORE i By: Dawn L. Lisi, Esquire Attorney I.D. No. 82155 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorneys for Plaintiff Verification The above-named petitioner, Brandi Lynn Mull, verifies that the statements made in the above Petition are true and correct. The petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date j?6jz 20 my Aran di Lynn Mull Petitioner LL yl f.L ?? J C o u? - CII ? I i.:., { 4 fA (! (L U ? V W O n O = ? a w a z a m (n ? w N > 0 0 W m ; a m a m m m m N w 0 2 I 0 Z N w i co a Q 0 U O n_ w CL U) o a m a m zo z -j m a F ? a x «ao.......o CN pMO.eO?.IYYlIS h9ll ].Y15 11Y SEP 2 0 19 bb SFP 2 0 1999 BRANDI LYNN MULL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DWAYNE MICHAEL SMITH, : CUSTODY/VISITATION Defendant NO. qq- 57&c? ORDER OF COURT AND NOW, cl t )?4- , 1999 upon consideration of the attached Com taint, it is hereby directed that the parties and their respective counsel appear before N?( r- I the Custody Conciliator, on the day ofc(?1? J at M o'clock g A., at ? t, k01 ?1, , Cml?? PA Pennsylvania, 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 ofaparty to appear at the conference may provide grounds for the entry ofa temporary or permanent Order. FOR THE COURT: Bys? ` 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) 249-3166 11 Ply 1 rri 1:19 CU.. PENN" , 'I LVi"'NiA BRANDI LYNN MULL, Plaintiff V. DWAYNE MICHAEL SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. q q- 5`7q COMPLAINT FOR CUSTODY The plaintiff is Brandi Lynn Mull, residing at 108 Fourth Street, New Cumberland, 17070, Cumberland County. 2. The defendant is Dwayne Michael Smith, residing at 51 East Main Street, Mddletown, 17057, Dauphin County. 3. Plaintiff seeks custody of the following child: Name Present Residence Jordan Michael Smith 108 Fourth Street New Cumberland The child was born out of wedlock. Age 3 months The child is presently in the custody of Dwayne Michael Smith, who resides at 51 East Main Street, Middletown, Pennsylvania. Since birth, the child has resided with the following persons and at the following addresses: Brandi Lynn Mull,Bobby Joe 108 Fourth Street Birth to Present Parthemore, 11, Lucinda Sue New Cumberland, Pennsylvania Engle, Joseph Earl Engle, Jr., Kenneth R. Wertz The mother of the child is Brandi Lynn Mull, currently residing at 108 Fourth Street, New Cumberland, Pennsylvania. She is single. The father of the child is Dwayne Michael Smith, currently residing at 51 East Main Street, Middletown, Pennsylvania. He is divorced. 4. The relationship of the plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Bobby Joe Parthemore, II Son Lucinda Sue Engle Mother Joseph Earl Engle, Jr. Father Kenneth R. Wertz Grandfather 5. The relationship of the defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Tammy Nisley Significant other 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because the child has been nurtured and cared for since birth by Plaintiff, and due to the child's tender age, it would be in the best interest of the child for the mother to be granted custody. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests the court to grant her custody of the child. Respectfully submitted I Date: ep?tia.? ?1 MI MELSPAW & BESHORE BY ??? ? ? L Dawn L. Lisi, Esquire Attorney I.D. No. 82155 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 Attorneys for Plaintiff Verification The above-named Plaintiff, Brandi Lynn Mull, verifies that the statements made in the above Complaint are true and correct. The petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: J,y ? ZO / 999 maAA M c' T .12 L? ?? Brandi Lynn Mull ''' cy 'S ^ N d- '? Q 4-. a cn riS? 0 w 0 a 3 . z m w rc N > W co a ^ W X Z I N T 0 Z a m a n 3 a m 0 a 0 a ¢ i N a m N I J_ ? a a 2 i cciiv ?o rvrv 'W FN01 O.l, lea1?5 1YU11 11Y1S 11Y SEP 2 0 1999V- BRANDI LYNN MULL, Plaintiff V. DWAYNE MICHAEL SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION :NO. 99-5769 AFFIDAVIT OF SERVICE I, Kenneth Yoder, am a police officer employed by the Borough of Middletown. On September 20, 1999 at St t?sp.m. I served the Custody Complaint, Petition for Special Relief and Order upon Dwayne Michael Smith by personally handing to him a true and correct copy of the originals and making known to him the contents thereof at 51 East Main Street, Middletown, Pennsylvania, 17057. Dated: 0;-2 S LT V Officer nneth Yoder Subscribed and swom to before me 1., (: 1. . <. 1 0 W n Q a 3 r Z ? a w a (n J W m j O W? a e r N a m fD m N m w X Z I r ? O z ? w a m w n a n m p Q o a ' o ` T m i N a J 1n a F ¢ a i MM .1[Y - ?91.I l.. IY [C i l....... CM F1gl OJ ?I?JIIS 1V 031llY1S11V -1 A Lj SEP 2 0 1999tp BRANDI LYNN MULL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW DWAYNE MICHAEL SMITH, : CUSTODY/VISTTATION Defendant : NO. 9 9- 57Co? ORDER OF COURT AND NOW, l,2?d 1999 upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before T24.?eO,Y ?? 91. the Custody Conciliator, on the _,?( day of > . at /D o'clock Q .m., at 30,, s lgw 6t4a ?0 /W Pennsylvania, for a Pre-Hearing Custody Conference. At sucKConference, an effort will be made to resolve the issues in dispute, or ifthis 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 ofa party to appear at the conference may provide grounds for the entry ofa temporary or permanent Order. FOR THE COURT: By: isi x!l .?, f Custody Conciliator CTaJ/mil 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 ASSOCIATIONTR UC Cn nv r- -L ! p `r")RD 2 Liberty Avenue In Test.;,. r . y hand Carlisle, PA 17013 and ih,, _,; oP s. d ,.purr at pa. (717) 249-3166 This d7 da f ............ y ?...,, 19.. Prothonotarn , BRANDI LYNN MULL, Plaintiff V. DWAYNE MICHAEL SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODYIVISITATION :NO. 99-5769 I hereby certify that on the 28th day of September, 1999, I served a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P., by depositing a true and correct copy of same in the United States Mail, first-class, postage prepaid, addressed to the following: Dwayne Michael Smith 51 East Main Street Middletown, PA 17057 MILSPAW & BESHORE By: p? o,Mc? Dawn L. Lisi, Esquire 1 4 1 / c, c; 0 w O a 3 ? z m = a w a n ID J w tD > o w ° m m a N m N W% Z I N r 0 Z m a n Q a n 0 u w O a rc z N a ? m a f a a x v.xw ue •,v cci u • ?a cc sac. ?o :c..e W wuoc m wens nm,s/r,sln BRANDI LYNN MULL, ) Plaintiff ) VS. ) DWAYNE MICHAEL SMITH, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5769 CUSTODY/VISITATION f/ ORDER AND NOW, this day of 1999, upon receipt of the Conciliator's Report, it appearing that the Plaintiff and her counsel appeared at the conciliation but the Defendant did not appear although he was served with an Order scheduling the conciliation, it is hereby ordered and directed as follows: 1. All prior Orders in this case are VACATED. 2. Mother shall have primary legal and physical custody of the minor child, Jordan Michael Smith, d.o.b. July 6, 1999, subject to periods of partial custody and visitation with Father as agreed upon. 3. If Father feels aggrieved by this Order, he may petition the court for another conciliation. BY THE COUR t EDGAR B. BAYLEY,?. Dawn L. Lisi, Esquire Mr. Dwayne Michael Smith mlb C,J:_ . ()-,? I I / 11a' 4 9 . Is V. ?, _ ,..,., , ,:i:, BRANDI LYNN MULL, Plaintiff VS. DWAYNE MICHAEL SMITH, Defendant JUDGE PREVIOUSLY ASSIGNED: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5769 CUSTODYIVISITATION The Honorable Edgar B. Bayley CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Jordan Michael Smith July 6, 1999 Defendant 2. A Conciliation Conference was held on November 4, 1999, and the following individuals were present: the Plaintiff and her attorney, Dawn L. Lisi, Esquire; the Defendant did not appear for the conference although he was serviced with notice of same. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: November to, 1999 Michael L. Bangs Custody Conciliator ? ? '?99 J BRANDI LYNN MULL, RESPONDENT/PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DWAYNE MICHAEL SMITH, PETITIONER/DEFENDANT 99-5769 CIVIL TERM ORDER OF COURT AND NOW, this ` 'day of August, 2004, upon consideration of the petition to intervene and for an emergency custody order, IT IS ORDERED that a hearing shall be conducted at 3:00 p.m., Wednesday, August 18, 2004, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, By the Court, Edgar ,Marvin Beshore, Esquire For Lucinda S. Engle, Intervenor drew C. Spears, Esquire For Dwayne Michael Smith :sal G8 .1z-aI ??? - ?.: l.l. r _ ? ? i?,. .. .. j BRAND[ LYNN MULL, J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Respondent/Plaintiff, V. D WAYNE M. SMITH, Petitioner/Defendant CIVIL ACTION - LAW DOCKET NO. 1999-5769 IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. Petitioner/Defendant is Dwayne Michael Smith, residing at 18 Lancaster Estates, Mount Joy, Lancaster County, Pennsylvania, 17552, (hereinafter "Father"). 2. Wendi A. Mull (hereinafter "Maternal Aunt'), who is believed to reside at 125 Market Street, New Cumberland, Cumberland County, Pennsylvania, 17070, is the Matemal Aunt of Respondent/Plaintiff Brandi Mull, now deceased. 3. Petitioner is the natural Father of Jordan Smith, dob: 7/6/1999 (hereinafter "Minor Child"). 4. The natural mother of the Minor Child is Brandi Lynn Johnson who died on July 27, 2004 (hereinafter "Mother"). 5. Mother was residing with her parents at 108 Fourth Street, New Cumberland, Cumberland County, Pennsylvania, 17070. for approximately the past three months due to her illness. 6. During this time period Father continued with his agreed upon visitation which is alternating weekends and other times as agreed upon by the parties. 7. Since the death of Mother, Maternal Aunt has refused Father access to his child. 310045.1 8. Further, the Maternal Aunt has taken the Minor Child and hidden him from Father. 9. During this trying time for the Minor Child, Father believes it is in the Minor Child's best interest to be with his natural father. 10. Therefore, Father believes that it would be in the best interest of the Minor Child that he be turned over to Father's custody, and Father is worried that the Minor Child will be irreparably harmed if the Maternal Aunt continues to refuse him access to him. WHEREFORE, Petitioner/Defendant respectfully requests this Honorable Court grant the following relief: a. Enter an Emergency Custody Order, instructing that Minor Child Jordan Smith be turned over to the custody of natural father Petitioner/Defendant Dwayne Michael Smith; b. Order that no party may remove the Minor Child from the Commonwealth of Pennsylvania until further Order of Court; and C. Enter any other relief deemed just and appropriate from the Court. Respectfully submitted, Date: - \ - Q METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew C. Spears 3211 North Front Street P. 0. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 110045.1 VERIFICATION 1, Dwayne M. Smith, verify that the statements made and facts presented in the foregoing Petition for Emergency Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dwayne rM4 310045-1 CERTIFICATE OF SERVICE AND NOW, this i day of August, 2004, I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Petitioner/Defendant, hereby certify that I served a copy of the within Petition to Modify Custody Order in this matter this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ms. Wendi A. Mull 125 Market Street New Cumberland, PA 17070 METZGER, WICKERSHAM, KNAUSS & ERB, P.C, Andrew C. Spears, Esquire Attorney Id. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: August, 2004 3100441 Z?l •-3 _ U c ? _, f. ?? M ,? y n? L BRANDI LYNN MULL, RESPONDENT/PLAINTIFF V. DWAYNE MICHAEL SMITH, PETITIONER/DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5769 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2004, the hearing currently scheduled for August 27, 2004, is cancelled and rescheduled to Thursday, September 23, 2004, at 11:00 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. ,itarvin Beshore, Esquire For Lucinda S. Engle, Intervenor ,,Andrew C. Spears, Esquire For Dwayne Michael Smith :sal 08/24/2004 13:94 FAX 7172349478 .,. e.. . ltfrHBrE HGB PA ?h002 August 24, 2004 VIA FACSIMILF: 240-6462 Honorable Edgar B. Bayley Judge Court of Common Pleas for Cumberland County One Courthouse Square Carlisle, PA 17013 Re: Mull v. Smith, Docket No. 99-5769 Civil Term Doar Judge Dayley: 3211 North Front Street P.O. Box 5300 Harrisbur& FA 17110-03W 717-238.8197 Fax: 717-1.74-9478 R91111 Q410-9 coianlN pack mmiaci sbW's 717.652.7020 717691•s577 Millenburg shi nsburg 717692.58 0 717-530-75ts I represent Defendant Dwayne Michael Smith in the above-referenced matter in which there is a hearing scheduled on Friday, August 27, 2004 at 1:30 p.m. in front of your Honor. It has just come to my attention that Defendant Smith was admitted last evening, Monday, August 23, 2004, to Lancaster General Hospital with extremely high blood pressure aftcr having gone to the emergency room for a severe anxiety attack. It is uncertain when Mr. Smith will be released. Attorney Beshore has graciously consented to this continuance. Thererore, I respectfully request that the heal i ng be continued to a later date and cuulube a proposed Order to that effect. Thank ynn for yn it rnmideratinn Very truly yours, IvIETZGER, WICKERSHAM KNAUSS & ERB, P.C. Andrew C. Spears Enclosure cc: Marvin Beshore, Esquire (via fax: 236-0791) James F. cars I& Dwayne M Smith Edward E. Knauss, IV0 . lered L. Hock Steven P. Miner ACS/sch dark DcVcn Milton Bernstein Smoel. Warnhawsky Frurdel. La&rty; tv David H. Martineau Mdrcw W. Noraaet Andmw C.5 vs ; Young-suh Burl Crrri/1M in civil 14011=0ada mcy by thr NnHond Omni olMalAdrgmy I' BRAND[ LYNN MULL, Plaintiff V. DWAYNE M. SMITH, Defendant OCT14' 201144 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5769 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 28" day of September, 2004, upon agreement of counsel for both parties indicating that their clients are no longer in need of Custody Conciliation, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE,60URT: Conciliator :236216 ?? ?., ?; BRANDI LYNN MULL, Plaintiff LUCINDA S. ENGLE, Intervenor/Petitioner V. DWAYNE MICHAEL SMITH, Defendant/Respondent FEB 1 1 2C015 -Y :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :CUSTODY :NO. 99.5769 ORDER AND NOW, this AK?day of 2005, upon consideration of the Motion for Entry of Agreed Child Custody Order and the Stipulation for Custody Order entered into by the parties it is hereby ordered and decreed as follows: 1. The parties, Lucinda S. Engle, Intervenor, maternal Grandmother, and Defendant, Dwayne Michael Smith, Father, shall have joint legal custody of the child: Jordan Michael Smith, born July 6, 1999, presently 5 years old. 2. Grandmother, Lucinda S. Engle, shall have primary physical custody of the child and Father shall have such periods of partial custody as shall be mutually agreed between the parties, including, but in no way limited to, the following: Father shall have periods of partial custody on or around major holidays, including Christmas, Thanksgiving, Easter, Memorial Day, the Fourth of July, and Labor Day; and on the child's birthday. 3. Grandmother shall cooperate with Father in whatever way may be necessary or helpful in obtaining access for Father to the Child's school and medical records and providers. 4. Father shall be responsible for picking up and returning the child to the home of Grandmother when he exercises his rights of partial custody of said child. Each custodian shall notify the other of any illness or emergency involving the child at the earliest possible time. Each custodian shall keep the other notified as to his or her address and telephone number at which he or she can be reached at all times. 6. The Parties shall make every effort to cooperate in all respects with respect to this Order and its terms. By the Court J. 1 F) N BRANDI LYNN MULL, Plaintiff LUCINDA S. ENGLE, Intervenor- Plaintiff V. DWAYNE MICHAEL SMITH, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :CUSTODY :NO. 99-5769 MOTION FOR ENTRY OF AGREED CHILD CUSTODY ORDER Lucinda S, Engle, by her Attorney, Marvin Beshore, Esquire, files the Motion for entry of an agreed Order and in support thereof states: This matter is presently pending before the Court upon the Petition for Custody of Intervenor/Plaintiff Lucinda S. Engle and the cross-complaint of Defendant Dwight M. Smith. A hearing before the Court upon these claims had been scheduled for September 16, 2004. The hearing was continued generally upon the request of the parties and the matter is pending in that status before the Court. 2. The parties have reached an agreement with respect to custody of the minor child, Jordan Michael Smith, and that agreement is reflected in the Stipulation which has been signed by the parties and counsel and is attached hereto. ORIGINAL r 3. Your Petitioner requests that an Order be entered confirming custody of the child pursuant to the terms of the parties' Stipulation. i ff{ i Respect ully submitted Date: February 9. 2005 Bv: Attorney I.D. No. 31979 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236.0781 Attorney for Intervenor/Petitioner .? Y LUCINDA S. ENGLE, Intervenor/Petitioner V. DWAYNE MICHAEL, SMITH, Defendant/Respondent IN THE, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :CUSTODY :NO. 99-5769 STIPULATION FOR CUSTODY ORDER The parties stipulate to the entry of an Order of Custody settling and resolving this matter containing the following material terms: I.The parties, Lucinda S. Engle, Intervenor, maternal Grandmother, and Defendant, Dwayne Michael Smith, Father, shall have joint legal custody of the child: Jordan Michael Smith, bom July 6, 1999, presently 5 years old. 2. Grandmother, Lucinda S. Engle, shall have primary physical custody of the child and Father shall have such periods of partial custody as shall be mutually agreed between the parties, including, but in no way limited to, the following: Father shall have periods of partial custody on or around major holidays, including Christmas, Thanksgiving, Easter, Memorial Day, the Fourth of July, and Labor Day; and on the child's birthday. 3. Grandmother shall cooperate with Father in whatever way may be necessary or helpful in obtaining access for Father to the Child's school and medical records and providers. 4. Father shall be responsible for picking up and returning the child to the home of Grandmother when he exercises his rights of partial custody of said child. 5. Each custodian shall notify the other of any illness or emergency involving the child at the earliest possible time. Each custodian shall keep the other notified as to his or her address and telephone number at which he or she can be reached at all times. 6. The Parties shall make every effort to cooperate in all respects with respect to this Order and its temis. Y?(ah J. LUCINDA S. ENGLE, randmother DWAYN ICHAEL SMITH, Father LL===-- MAlkVIN BESHORE, Esq., Attorney for Intervenor-Plaintiff, Lucinda S. Engle ANDREW SPEARS, Esq, Attorney for Defendant, Dwayne Michael Smith /? r ,r..... lsy. P W .I BRANDI LYNN MULL, Plaintiff LUCINDA S. ENGLE, Intervenor- Plaintiff V. DWAYNE MICHAEL SMITH, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :CUSTODY :NO. 99-5769 MOTION FOR ENTRY OF AGREED CHILD CUSTODY ORDER Lucinda S. Engle, by her Attorney, Marvin Beshore, Esquire, files the Motion for entry of an agreed Order and in support thereof states: This matter is presently pending before the Court upon the Petition for Custody of Intervenor/Plaintiff Lucinda S. Engle and the cross-complaint of Defendant Dwight M. Smith. A hearing before the Court upon these claims had been scheduled for September 16, 2004. The hearing was continued generally upon the request of the parties and the matter is pending in that status before the Court. The parties have reached an agreement with respect to custody of the minor child, Jordan Michael Smith, and that agreement is reflected in the Stipulation which has been signed by the parties and counsel and is attached hereto. ORI&IflILL Your Petitioner requests that an Order be entered confirming custody of the child pursuant to the terms of the parties' Stipulation. Date: February 9, 2005 By: Attorney I.D. No. 31979 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorney for Intervenor/Petitioner :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA S. ENGLE, Intervenor/Petitioner :CIVIL ACTION - LAW V. :CUSTODY :NO. 99-5769 DWAYNE MICHAEL SMITH, Defendant/Respon dent STIPULATION FOR CUSTODY ORDER The parties stipulate to the entry of an Order of Custody settling and resolving this matter containing the following material terms: LThe parties, Lucinda S. Engle, Intervenor, matemal Grandmother, and Defendant, Dwayne Michael Smith, Father, shall have joint legal custody of the child: Jordan Michael Smith, born July 6, 1999, presently 5 years old. 2. Grandmother, Lucinda S. Engle, shall have primary physical custody of the child and Father shall have such periods of partial custody as shall be mutually agreed between the parties, including, but in no way limited to, the following: Father shall have periods of partial custody on or around major holidays, including Christmas, Thanksgiving, Easter, Memorial Day, the Fourth of July, and Labor Day; and on the child's birthday. Grandmother shall cooperate with Father in whatever way may be necessary or helpful in obtaining access for Father to the Child's school and medical records and providers. 4. Father shall be responsible for picking up and returning the child to the home of Grandmother when he exercises his rights of partial custody of said child. 5. Each custodian shall notify the other of any illness or emergency involving the child at the earliest possible time. Each custodian shall keep the other notified as to his or her address and telephone number at which he or she can be reached at all times. 6. The Parties shall make every effort to cooperate in all respects with respect to this Order and its terms. I c .' J zegg? LUCINDA S. ENGLE, randmother ~ DWAYN ICHAEL SMITH, Father MA VIN BESHORE, Esq., Attorney for Intervenor-Plaintiff, Lucinda S. Engle GS ANDREW SPEARS, Esq, Attorney for Defendant, Dwayne Michael Smith 1 w t:u FEE 1 , 2Cn5 BRANDI LYNN MULL, Plaintiff LUCINDA S. ENGLE, Intervenor/Petitioner V. DWAYNE MICHAEL SMITH, Defendant/Respondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :CUSTODY :NO. 99-5769 ODDER AND NOW, this Lk?-day of 2005, upon consideration of the Motion for Entry of Agreed Child Custody Order and the Stipulation for Custody Order entered into by the parties it is hereby ordered and decreed as follows: The parties, Lucinda S. Engle, Intervenor, matemal Grandmother, and Defendant, Dwayne Michael Smith, Father, shall have joint legal custody of the child: Jordan Michael Smith, born July 6, 1999, presently 5 years old. 2. Grandmother, Lucinda S. Engle, shall have primary physical custody of the child and Father shall have such periods of partial custody as shall be mutually agreed between the parties, including, but in no way limited to, the following: Father shall have periods of partial custody on or around. major holidays, including Christmas, Thanksgiving, Easter, Memorial Day, the Fourth of July, and Labor Day; and on the child's birthday. 3. Grandmother shall cooperate with Father in whatever way may be necessary or helpful in obtaining access for Father to the Child's school and medical records and providers. 4. Father shall be responsible for picking up and returning the child to the home of Grandmother when he exercises his rights of partial custody of said child. 5. Each custodian shall notify the other of any illness or emergency involving the child at the earliest possible time. Each custodian shall keep the other notified as to his or her address and telephone number at which he or she can be reached at all times. 6. The Parties shall make every effort to cooperate in all respects with respect to this Order and its terms. T ?.