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HomeMy WebLinkAbout07-5356IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ~ '/ ANDREW PAUL SMITH, ~ l Plaintiff v, CNIL ACTION -LAW NICOLLE MARIE BROUGHER SMITH, CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Andrew Paul Smith, an adult individual, who resides at 19 West Maplewood Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Nicolle Marie Brougher-Smith, an adult individual, who resides at 19 West Maplewood Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff seeks prunary physical and legal custody of the following minor children: Name Present Residence Rylee N. Smith 19 W. Maplewood Street 4 (D.O.B. 6/21/03) Mechanicsburg, PA 17055 Kaylee E. Smith 19 W. Maplewood Street 2 (D.O.B. 11/26/04) Mechanicsburg, PA 17055 4. The children were born during wedlock. 5. The children are presently in the custody of Defendant Nicolle Brougher-Smith at 19 West Maplewood Street, Mechanicsburg, PA 17055. 6. During the past five years, the children have resided with the following persons at the following addresses: Custodians Addresses Dates Andrew P. Smith 19 W. Maplewood Street 6/21/03 -Present Nicolle Brougher-Smith Mechanicsburg, PA 17455 r ~~ 7. The mother of the children is Defendant Nieolle Broug~-Smith who resides at 19 W. Maplewood Street, Mechanicsburg, PA 17055. 8. The father of the children is Plaintiff Andrew P. Smith, who resides at 19 W. Maplewood Street, Mechanicsburg, PA 17055. 9. The Parties are married. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 13. The best interest and welfare of the children will be served by granting the relief requested because Plaintiff is better able to provide for, care for and love the children. WHEREFORE, for all the foregoing reasons, Plaintiff Andrew P. Smith respectfully requests the Court to grant primary physical and legal custody of the children to him. Respectfully submitted, September 7, 2007 ~~Q"~-~~~ . Peter B. Foster, Esquire Attorney for Plaintiff Pinskey & Foster 114 South Street Harrisburg, PA 17101 (717)234-9321 ~- -~ VERIFICATION I, Andrew P. Smith, hereby verify that the statements made in this Custody Complaint are true and correct to the best of my lrnowledge, information and belief. 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. September 7, 2007 P. Smith } ~ ~ r !n ~ $, c ~. L ~ ~K~ ~~~~{,,, 111 #,`~V` ` n~//'l ~- iw~~ 4.. ;~ ~~ ~'' ~ ANDREW PAUL SMITH PLAINTIFF V. NICOLLE MARIE $ROUGHER-SMITH DEFENDANT IN THE COUP CUMBERLAN • 2007-5356 CI' IN CUSTODY ORDER OF COURT ~ AND NOW, Wednesday, September 12, 2007 , upo it is hereby directed that parties and their respective counsel appear bef at 39 West Main Street, Mechanicsburg, PA 17055 on 7 for aPre-Hearing Custody Conference. At such conference, an effort r if this cannot be accomplished, to define and narrow the issues to be h order. All children age five or older may also be present at the confere provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all Special Relief orders, and Custody orders to the conciliator 48 ho i FOR THE COURT. By: /s/ Dawn S. , Custody The Court of Common Pleas of Cumberland County is with Disabilites Act, of 1990. For information about accessible f available to disabled individuals having business before the coot must be made at least 72 hours prior to any hearing or business b conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATE HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TC FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEt Cumberland County B~ 32 South Bedfor Carlisle, Pennsylvan Telephone (717) OF COMMON PLEAS OF COUNTY, PENNSYLVANIA ACTION LAW consideration of the attached Complaint, ~e Dawn S. Suuday, Esq. ,the conciliator, esday, October 09, 2007 at 10:30 AM 11 be made to resolve the issues in dispute; or ~d by the court, and to enter into a temporary ;e. Failure to appear at the conference may Ming Protection from Abuse orders, prior to scheduled hearing. equired by law to comply with the Americans ;ilities and reasonable accommodations please contact our office. All arrangements Fore the court. You must attend the scheduled )RNEY AT ONCE. 1F YOU DO NOT ~R TELEPHONE THE OFFICE SET AL HELP. Association Street ~ 17013 ~9-3166 ~ ~ ~ ~,ep ~ ~ ~ ~'~ ~N~~~sv 1lJ.Ni1C~'? ~~.~y co- ~~- y ~~ ~~- ~~ ~i- ~ Q £ ;~i Ind E I d~S EDOZ ~sc~~~~~.t~d :mot ~fl31 OCT 14 2001 ~ ANDREW PAUL SMITH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NICOLLE MARIE BROUGHER-SMITH Defendant 07-5356 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this !0~ day of ~C/w" 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and rected as follows: 1• ~ •~ • 3 ~ 1. t~hearing is scheduled i~ourt Room No. the Cumberland County Courthouse on the ~9 day of , 2007, at which timc testimony will be taken. For purposes of the hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. 2. Pending the hearing and further Order of Court, the Father shall have periods of custody with the Children to be supervised by one or both of the Father's parents on October 13, 2007 from 12:00 noon unti15:00 p.m. and on October 14, 2007 from 1:00 p.m. unti15:00 p.m. Thereafter, the Father shall have regular periods of supervised custody with the Children pending the hearing as ordered following further participation in the custody conciliation process. cc: Peter B. Foster, Esquire -Counsel for Father .~j6.7 ~ ~ ~~• w- ov-v 7 Samuel L. Andes, Esquire -Counsel for Mother , ,,y~Q~~ ~~ : ~~, , ~7 Edward E. Guido J. ~~'u~n~~~~t~ 1 ~ ~Zl ltd 0 f 130 tOQI J~lt~t~t;+~~!! ~d~~~ 34 ~~~- ANDREW PAUL SMITH Plaintiff vs. NICOLLE MARIE BROUGHER-SMITH Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5356 CIVIL ACTION LAW 1N 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rylee N. Smith June 21, 2003 Mother Kaylee E. Smith November 26, 2004 Mother 2. A custody conciliation conference was held on October 9, 2007, with the following individuals in attendance: the Father, Andrew P. Smith, with his counsel, Peter B. Foster, Esquire. The Mother, Nicolle M. Brougher-Smith, and her counsel, Samuel L. Andes, Esquire, participated in the conference by telephone. 3. This court previously entered a Protection from Abuse Order in this matter which provided for one (1) weekend period of custody (no overnights) for the Father with supervision at the paternal grandparents' residence. Due to the issues involved in the PFA proceedings, it will be necessary to schedule a hearing in this matter as to ongoing custody arrangements. Counsel for the parties requested additional time to work on a temporary schedule pending the hearing, but were able to agree, at a minimum, to implement the same arrangements included in the PFA Order for the Father for the upcoming weekend, specifically on Saturday, October 13 and Sunday, October 14. It is anticipated that counsel for the parties will re-contact the conciliator to establish additional custodial arrangements for the Father pending the hearing. 4. The conciliator recommends an Order in the form as attached scheduling the hearing and providing for the initial weekend period of supervised custody for the Father. It is anticipated that the hearing will require at least one-half to one full day. Date -T Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ANDREW PAUL SMITH, Plaintiff v. NICOLLE MARIE BROUGHER-SMITH, Defendant . N0.07-5356 IN CUSTODY JUDGE GUIDO MOTION FOR ORDER FOR PSYCHOLOGICAL EVALUATIONS OF PARTIES AND THEIR MINOR CHILDREN AND NOW, this 18~' day of October, 2007, comes Plaintiff Andrew Paul Smith, by his attorney, Peter B. Foster, Esquire, and requests an order authorizing psychological evaluations of the Parties and the Parties' two minor children and, in support thereof, avers as follows: 1. Plaintiff Andrew Paul Smith has brought this custody action in seeking primary physical custody of the Parties' two minor children, Rylee N. Smith (D.O.B. 6/21!03), age 4 and Kaylee E. Smith (D.O.B. 11/26/04), age 2. 2. In a related Protection from Abuse case involving the Parties, Brougher-Smith v. Smith, No. 07-5197, CCP Cumberland County, Defendant Nicolle Brougher-Smith claimed that Rylee Smith was traumatized by Plaintiffl s claimed actions on August 27, 2007 and that both minor children have been adversely affected by Plaintiff's claimed actions over a period of time. 3. Plaintiff believes and avers that Defendant has severe emotional problems which bear on her ability to act responsibly as a custodial parent for said minor children. 4. Pennsylvania Rule of Civil Procedure 1915.8 provides authority for the Court to order psychological evaluations of the Parties and their minor children in a custody action upon motion of one of the parties. 5. Plaintiff will pay the expenses of said requested, psychological evaluations. 6. Plaintiff seeks an order authorizing Dr. Arnold Shienvold to perform said requested psychological evaluations. 7. Plaintiff believes and avers that said requested psychological evaluations will aid the Court in deciding the custody issues involved at the trial of this case scheduled for December 19, 2007. WHEREFORE, for all the foregoing reasons, Plaintiff Andrew Paul Smith requests this Honorable Court to order psychological evaluations of the Parties and their two minor children with said evaluations to be performed by Dr. Arnold Shienvold at the expense of Plaintiff. Respectfully submitted, October 18, 2007 ~ ~.~ ^- Peter B. Foster, Esquire Attorney for Plaintiff PINSKEY & FOSTER 114 South Street Harrisburg, PA 17101 717-234-9321 I.D. 15357 VERIFICATION I, Andrew P. Smith, hereby verify that the statements made in the foregoing Motion 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.A. § 4904 relating to unsworn falsification to authorities. October 18, 2007 drew P. Smith t s CERTIFICATE OF SERVICE I hereby certify that on this date, October 18, 2007, I served a copy of the foregoing Motion on the Defendant and the Custody Conciliator by mailing said copies by first class mail at Harrisburg, PA to the Custody Conciliator and the Attorney for Defendant at the following addresses: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 October 18, 2007 ~~.- ~ ` Peter B. Foster, Esquire Attorney for Plaintiff ~. ° ,.~ -ca ` °'' ~ ~ ~ S"r ' ~~ ~ , ~ v C'~ ~ ,~ . , r"3S"t"4 ~~ ^'~+. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF!. PENNSYLVANIA ANDREW PAUL SMITH, N0.07-5356 Plaintiff v. IN CUSTODY NICOLLE MARIE BROUGHER-SMITH, JUDGE GUIDO Defendant AMENDED MOTION FOR ORDER FOR PSYCHOLOGICAL EVALUATIONS OF PARTIES AND THEIRY MINOR CHILDREN AND NOW, this 25~' day of October, 2007, comes Plaintiff Andrew Paul Smith, by his attorney, Peter B. Foster, Esquire, and requests an grder authorizing psychological evaluations of the Parties and the Parties' two minor children and, in support thereof, avers as follows: Plaintiff Andrew Paul Smith has brought this custody action in seeking primary physical custody of the Parties' two minor children, Rylee N. Smith (D.O.B. 6/21/03), age 4 and Kaylee E. Smith (D.O.B. 11/26/04), age 2. 2. In a related Protection from Abuse case involving the Parties, Brougher-Smith v. Smith, No. 07-5197, CCP Cumberland County, Defendant Nicolle Brougher-Smith claimed that Rylee Smith was traumatized by Plaintiff s claimed actions on August 27, 2007 and that both minor children have been adversely affected by Plaintiff's claimed actions over a period of time. 3. Plaintiff believes and avers that Defendant has severe emotional problems which beaz on her ability to act responsibly as a custodial ;parent for said minor children. 4. Pennsylvania Rule of Civil Procedure 1915.8 provides authority for the Court to order psychological evaluations of the Parties and their minor children in a custody action upon motion of one of the parties. 5. Plaintiff will pay the expenses of said requested, psychological evaluations. 6. Plaintiff seeks an order authorizing Dr. Arnold Shienvold to perform said requested psychological evaluations. 7. Plaintiff believes and avers that said'requested psychological evaluations will aid the Court in deciding the custody issues involved at the trial of this case scheduled for December 19, 2007. 8. Judge Edward Guido has ruled that Andrew Smith abused Nicolle Brougher- Smith at a P.F.A. Hearing held on October 10, 2007 at Docket No. 07-5356. 9. Counsel for Plaintiff sought the concurrence in this Motion of Counsel for Defendant and Counsel for Defendant indicated that he did not concur in this Motion. WHEREFORE, for all the foregoing reasons, Plaintiff Andrew Paul Smith requests this Honorable Court to order psychological evaluations of the Parties and their two minor children with said evaluations to be performed by Dr. Arnold Shienvold at the expense of Plaintiff. Respectfully submitted, ~} ~~~ October 25, 2007 Peter B. Foster, Esquire Attorney for Plaintiff PINSKEY & FOSTER 114 South Street Harrisburg, PA 17101 717-234-9321 I.D. 15357 VERIFICATION I, Peter B. Foster, Attorney for Plaintiff, hereby verify that the statements made in the foregoing Motion 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.A. § 4904 relating to unsworn falsification to authorities. T'he Attorney for Plaintiff signed this verification rather than Plaintiff because Plaintiff was not immediately available to sign a verification. Plaintiff will sign and file a replacement verification in the immediate future. October 25, 2007 ~.~~ Peter B. Foster w ~ i CERTIFICATE OjF SERVICE I hereby certify that on this date, October 2~i, 2007, I served a copy of the foregoing Motion on the Defendant and the Custody Conciliator by mailing said copies by first class mail at Harrisburg, PA to the Custody Conciliator and the Attorney for Defendant at the following addresses: Samuel L. Andes, Esquire 525 North 12th Street! Lemoyne, PA 17043 Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 October 25, 2007 ~~ Peter B. Foster, Esquire Attorney for Plaintiff s._a ...3 -[^t r ~ / ,~•~ ,-rte ,.--.. +r)~ ^- " r ; `"4 l _ x~ ~a -~ ..-~ ~j : ~ ~' ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ANDREW PAUL SMITH, N0.07-5356 Plaintiff ~, IN CUSTODY NICOLLE MARIE BROUGHER-SMITH, JUDGE GUIDO Defendant ORDER OCT 2 52007A'''~ AND NOW, this ~ day of October, 2007, upon consideration of Plaintiff Andrew Smith's Amended Motion for Order for Psychological Evaluations of Parties and Their Minor children, a Rule is issued directed to Defendant Nicolle Marie Brougher-Smith to show cause why said Motion should not be granted. Rule returnable within ten (10) days of service. J. . ,~-~- I. ANDREW PAUL SMITH, ) Plaintiff ) vs. ) NICOLLE MARIE BROUGHER-SMITH, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-5356 IN CUSTODY ORDER OF COURT QQ AND NOW this ~ ~ day of 20C1~, upon the joint request and Stipulation of both parties, we hereby reschedule the hearing which had been scheduled for December 19, 2007. The hearing will now be held before the undersigned, commencin at ~'~ o'clock /Q .m. on IM~'+~' the /d ~ day of /~ ~ 200. BY THE URT, J. Distribution Peter B. Foster, Esquire (Attorney for Plaintiff} 114 South Street, Harrisburg, PA 17101 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 (10~,~ Qs n-~~~~ l~y~d$ ~:: ~" b'1~~1,'k~.~~~ ~ ?~ ~ ~i ~~ ~d ~- ~~~' $~Ql y ANDREW PAUL SMITH, Plaintiff vs. NICOLLE MARIE BROUGHER-SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-5356 IN CUSTODY STIPULATION AND JOINT MOTION AND NOW come the above-named parties, by their attorneys, and jointly move the court to postpone and reschedule the hearing set in this matter for December 19, 2007 and stipulate that the hearing be postponed because the parties have not been able to complete their preparations for the hearing in light of cancellation of the custody evaluation they had agreed to pursue. IN WITNESS WHEREOF the undersigned, as counsel for the parties, have executed this Stipulation on behalf of their clients. ~. Peter B. Foster Attorney for Plaintiff Samuel L. Andes Attorney for Defendant ANDREW P. SMITH, Plaintiff vs. NICOLLE BROUGHER-SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 0?-5356 IN CUSTODY MOTION FOR CONTINUANCE AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the Court to continue and reschedule the hearing set in this matter based upon the following: 1. The moving party is the Defendant. The respondent is the Plaintiff. 2. This Court has scheduled a hearing on Plaintiff's petition for the morning of 10 March 2008. The matter has been rescheduled at least one time already. 3. Defendant's counsel will now not be available on 10 March 2008 because of a family matter which is scheduled for that time and requires him to be out of the state. As a result, Defendant wishes to reschedule the hearing for a time that her attorney can be present. 4. Defendant's attorney is advised that the court has time available on the morning of Friday, 14 March 2008, and can allot as much time that day as the Court had allotted for the hearing now scheduled for 10 March 2008. 5. Plaintiff s counsel is currently out of his office for a period of one month because of medical treatment. As a result, Defendant's counsel has not been able to discuss this request with Plaintiff s counsel and has not been able to obtain his consent. Defendant's counsel has called and written Plaintiffs counsel's office requesting that they consent to rescheduling the matter but has not received any response, apparently because of Plaintiffs counsel's absence due to his medical condition. 6. The Honorable Edward Guido is the Judge assigned to this case and it is before Judge Guido that these hearings are scheduled. 7. If the Court grants Defendant's request, neither party will suffer significant harm because it will only delay the proceedings by four days. WHEREFORE, Defendant moves this Court to postpone the hearing now scheduled for 10 March 2008 and reschedule it for the morning of Friday, 14 March 2008. 1 L. Andes Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717)761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). `/j~~$ DATE: SAMUEL L. AN ES CERTIFICATE OF SERVICE I hereby certify that on 30 .T~,v 2oag 2008, I served a copy of the foregoing document upon counsel for Plaintiffby U.S. Mail, postage prepaid, addressed as follows: Peter B. Foster, Esquire 114 South Street Harrisburg, PA 17101 S L. A Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 C') ra ~' ~ ~ -c~ r'~~ ~ ~ r~r', .r... rte. 'rJ ~ ~ ~ ' ~ ~ C- ~~= ~.' ~ ~~ ~ N j.~w ANDREW PAUL SMITH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-5356 CIVIL ACTION LAW NICOLLE MARIE BROUGHER-SMITH Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered d directed as follows: Pending the hearing and further Order of Court, the Father shall have periods of custody to be supervised by one or both of the Father's parents on alternating weekends on both Saturday from 10:00 a.m. unti14:00 p.m., and Sunday, from 12:00 noon unti14:00 p.m., and on Wednesdays from 3:00 p.m. unti16:00 p.m. BY Edgar B. Bayley J. cc:'~Peter B. Foster, Esquire -Counsel for Father /Samuel L. Andes, Esquire -Counsel for Mother P a1 s fob' ~~ >-- ~~ c. Cwa --.. .~ ~ ` ~ . .s; € ~ ~.- ~a r1~rt tri _,_r ... l~ ` Li , x~ i ~J ~~ ~. ~ ANDREW PAUL SMITH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NICOLLE MARIE BROUGHER-SMITH Defendant Prior Judge: Edward E. Guido 07-5356 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rylee N. Smith June 21, 2003 Mother Kaylee E. Smith November 26, 2004 Mother 2. This Court previously entered an Order in this matter on October 10, 2007, scheduling a hearing and providing for the Father to have regular periods of supervised custody with the Children as ordered following further participation in the custody conciliation process. The hearing was initially scheduled for December 19, 2007, but was rescheduled to March 10, 2008 with the parties' agreement. 3. The Father's counsel contacted the conciliator to request that the periods of supervised visitation resume with the paternal grandparents on the initial schedule used by the parties, while the Mother, through counsel, objected to that request and proposed instead that the parties continue supervised visitation at the YWCA on the existing schedule. Various concerns were raised by both parties in support of their respective positions. After consultation with the Court and upon the Court's direction, the conciliator recommends an Order in the form as attached setting forth supervised periods of custody for the Father pending the heazing in Mazch. Date !/,/ Dawn S. Sunday, Esquire Custody Conciliator ~ ~ ANDREW PAUL SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS : N0. 07-5356 CIVIL ACTION LAW NICOLLE MARIE BROUGHER-SMITH: IN CUSTODY Defendant . ORDER OF COURT AND NOW, this 14th day of March, 2008, after hearing, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their daughters, Rylee N. Smith born June 21, 2003, and Kaylee E. Smith born November 26th, 2004. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children as follows: A. Every Wednesday from 2:30 p.m. until 8:30 a.m. on Thursday. B. Every other weekend from Saturday at 9:00 a.m. until Sunday at 7:00 p.m. The every other weekend schedule should be arranged to correspond with when the children's brothers are visiting with their father. C. At such other times as the parties may agree. Said periods of partial custody shall be exercised at the home of Father's parents and supervised by them until further order of court. We will consider amending this order to allow unsupervised visitation whenever we have received certification that Father successfully completed the anger management/individual therapy he is currently undergoing and his therapist confirms that no further supervision is needed. Mother or her surrogate should deliver the children to Father's parents' home to begin the periods of partial custody. Father or his surrogate shall return the children to Mother's residence at the conclusion of partial custody. Nothing herein shall be taken to supersede the bail conditions imposed in a separate criminal matter. 4. Holiday visitation shall be as agreed by the parties. 5. Neither party shall use any illegal drugs while the children are in said party's care. 6. This Court shall maintain jurisdiction. '' Peter B. Foster, Esquire For the Plaintiff / Samuel L. Andes, Esquire For the Defendant :mlc C «s m~ ~ I .~~« fay i ESN ~ R G~~~V ~JIFL ANDREW P. SMITH, Plaintiff v. NICOLLE BROUGHER-SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5356 IN CUSTODY MOTION FOR PERMISSION TO CONDUCT UNSUPERVISED VISITATION AND NOW, this 9a` day of May, 2008, comes Plaintiff Andrew P. Smith, and requests permission to conduct unsupervised visitation of his minor children, Raylee N. Smith and Haylee E. Smith and, in support thereof, avers as follows: 1. This Court by Order dated March 14, 2008, has awarded primary physical custody of the parties two minor children, Raylee N. Smith and Haylee E. Smith, to Defendant Nicolle Marie Brougher-Smith, subject to supervised visitation of the children by Plaintiff Andrew P. Smith. A copy of said order is attached as Exhibit "A". 2. As of May 2, 2008, Plaintiff has successfully completed an Anger Management Course conducted by Sandy Gordon, LCSW. A copy of Ms. Gordon's detailed summary of Plaintiff s progress in said Course is attached as Exhibit "B". A resume for Ms. Gordon is attached as Exhibit "C". 3. Plaintiff is requesting that the current custody order be modified to permit him to conduct unsupervised visitation of his minor children at his parents' home under the visitation schedule currently set forth in the existing order. WHEREFORE, for all the foregoing reasons, Plaintiff Andrew P. Smith respectfully requests this Honorable Court to permit him unsupervised visitation with his two, minor children. May 9, 2008 Respectfully submitted, tT~ac g-c Peter B. Foster, Esquire Attorney for Plaintiff Pinskey & Foster 114 South Street Harrisburg, PA 17101 (717) 234-9321 I.D. # 15357 ~.-. ~' ANDREW PAtIL SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS N0. 07-5356 CIVIL ACTION LAW NICOLLE MARIE BROUGHER-SMITH: IN CUSTODY Defendant ORDER OF COURT AND NOW, this 14th day of March, 2008, after hearing, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their daughters, Rylee N. Smith born June 21, 2003, and Kaylee E. Smith born November 26th, 2004. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children as follows: A. Every Wednesday from 2:30 p.m. until 8:30 a.m. on Thursday. B. Every other weekend from Saturday at 9:00 a.m. until Sunday at 7:00 p.m. The every other weekend schedule should be arranged to correspond with when the children's brothers are visiting with their father. C. At such other times as the parties may agree. Said periods of partial custody shall be exercised at the home of Father's parents and supervised by them until further order of court. We will consider amending this order to allow unsupervised visitation whenever we have received certification that Father successfully completed the anger management/individual therapy he is currently undergoing and his therapist confirms that no further supervision is needed. Mother or her surrogate should deliver the children to Father's parents' home to begin the periods of partial custody. I~ ~~ i ~ ~ Father or his surrogate shall return the children to Mother's residence at the conclusion of partial custody. Nothing herein shall be taken to supersede the bail conditions imposed in a separate criminal matter. 4. Holiday visitation shall be as agreed by the parties. 5. Neither party shall use any illegal drugs while the children are in said party's care. 6. This Court shall maintain jurisdiction. Peter B. Foster, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defendant :mlc i~ ~ i #°a~~ `~ ~+`°~ ... .. '- • Capita/A~ea Counse/ing Services,/nc. Sandy Gordon, LCSW 1013 Mumma Road, Suite 302 Wormleysburg, PA 17043 sgordoncacs@verizon• net 717!975-1808 -phone 717/975-5160 -fax May 2, 2008 To Whom ft May Concern: Re: Andrew Paul Smith This letter serves as certification that Andrew successfully completed nine individual sessions of anger management training with me from February 21, 2008 until May 2, 2008. Andrew attended all sessions as scheduled and completed assigned readings. Andrew was able to process information that he read during our sessions and explored healthier strategies {both behaviors and cognitions) to manage anger more effectively. No further sessions for anger management are required at this time as Andrew completed The Anger Control Workbook by Matthew McKay and Peter Rogers and is able to verbalize a better understanding of techniques for managing anger more effectively and healthier ways of relating to others. Andrew has agreed to continue with individual treatment to further explore the impact of current situational stressors on his life and to further integrate healthy cognitive and behavioral coping strategies. Andrew has shown consistent effort to improve his quality of life during our sessions and willingly agreed to continue with additional treatment beyond the basic requirement. Sincerely, Sandra Patt Gordon, LCSW _ n ~ ~ k . Sandra Patton Gordon, LCSW 1013 Mumma Road, Suite 302 Wormleysburg, PA 17043 717/940-5933 -business cell 717/975-1808 -work s_gordoncacsC~verizon.net -email Work History Therapist and Owner, Capital Area Counseling Services, Wormleysburg, PA effective July 1, 2007. Therapist and Clinic Manager, Pennsylvania Counseling Services, Harrisburg, PA 1999 - June 30, 2007 Social Worker Part time Per Diem, Hospice Preferred Choice, Harrisburg, PA 1999 - 2000 Director of Social Services, ManorCare Health Services, Harrisburg, PA 1997 - 1999 Social Worker, Comfort Care Home Health & Hospice, Camp Hill, PA 1993 - 1995 Social Worker, Holy Spirit Hospital, Camp Hill, PA 1993 -1995 Population Served and Areas of Interest Age 14 and up Anxiety, Depression/Mood Disorders, Substance Abuse and Addiction Concerns, Grief and Loss, Couples, Post Traumatic Stress Disorder, Geriatric Concerns, Stress and Anger Management, Critical Incident Stress Debriefings, Management Consults, Supervisory Consults, Trainings/Presentations on a variety of topics including; stress management, managing symptoms of depression and anxiety, effective communication strategies. Education Advanced Certification in Cognitive Behavioral Therapy, Philadelphia College of Osteopathic Medicine, 2004 Substance Abuse Professional Certification for Department of Transportation 2004 - 2007 Masters Degree, Social Work, Marywood College, Scranton, PA 1993 Bachelors Degree, Social Work, Shippensburg University, Shippensburg, PA 1991 )( \l w Ji. • CERTIFICATE OF SERVICE I hereby certify that on this date, May 9, 2008, I served a copy of the foregoing Motion on the Defendant by mailing said copy by first class mail at Harrisburg, Pa., to the attorney for the Defendant at the following address: Samuel L. Andes, Esquire 525 North 12~' Street Lemoyne, Pa. 17043 May 9, 2008 ~ '"" ~ ~' -~~~~ Peter B. Foster, Esquire Attorney for Plaintiff p ` ~ P ~ry_'p j,""Ft ' ~...+ i' 4 . a ~ . • • f, .~-'~~ i~ %•~ ~. . ANDREW P. SMITH, Plaintiff v. NICOLLE BROUGHER-SMITH, Defendant HAY 1.4 ~D08 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5356 IN CUSTODY ORDER AND NOW, this P( day of May, 2008, upon consideration of Plaintiff's Motion for Permission to Conduct Unsupervised Visitation, a Rule is issued directed to Defendant Nicolle Marie Brougher -Smith to show cause why said Motion should not be granted. Rule returnable ten (10) days after service. J. s 3]'`~d s aft/ -~ • ~ .-~ , ~,,w ~ ~d ~ '~1- °i s l~~ - g9'zr~s ~C :g ~~~' ZZ ~'~-~ $~~Z ~~.rw , ANDREW P. SMITH, Plaintiff v. NICOLLE BROUGHER-SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5356 IN CUSTODY MOTION FOR PERMISSION TO CONDUCT UNSUPERVISED VISITATION AND NOW, this 9th day of May, 2008, comes Plaintiff Andrew P. Smith, and requests permission to conduct unsupervised visitation of his minor children, Raylee N. Smith and Haylee E. Smith and, in support thereof, avers as follows: 1. This Court by Order dated March 14, 2008, has awarded primary physical custody of the parties two minor children, Raylee N. Smith and Haylee E. Smith, to Defendant Nicolle Marie Brougher-Smith, subject to supervised visitation of the children by Plaintiff Andrew P. Smith. A copy of said order is attached as Exhibit "A". 2. As of May 2, 2008, Plaintiff has successfully completed an Anger Management Course conducted by Sandy Gordon, LCSW. A copy of Ms. Gordon's detailed summary of Plaintiff's progress in said Course is attached as Exhibit "B". A resume for Ms. Gordon is attached as Exhibit "C". 3. Plaintiff is requesting that the current custody order be modified to permit him to conduct unsupervised visitation of his minor children at his parents' home under the visitation schedule currently set forth in the existing order. WHEREFORE, for all the foregoing reasons, Plaintiff Andrew P. Smith respectfully requests this Honorable Court to permit him unsupervised visitation with his two, minor children. May 9, 2008 Respectfully submitted, ~g Peter B. Foster, Esquire Attorney for Plaintiff Pinskey & Foster 114 South Street Harrisburg, PA 17101 (717)234-9321 I.D. # 15357 -, ANDREW PAUL SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS N0. 07-5356 CIVIL ACTION LAW NICOLLE MARIE BROUGHER-SMITH: IN CUSTODY Defendant . ORDER OF COURT AND NOW, this 14th day of March, 2008, after hearing, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their daughters, Rylee N. Smith born June 21, 2003, and Kaylee E. Smith born November 26th, 2004. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children as follows: A 8:30 a.m. on Thursday. B Every Wednesday from 2:30 p.m. until Every other weekend from Saturday at 9:00 a.m. until Sunday at 7:00 p.m. The every other weekend schedule should be arranged to correspond with when the children's brothers are visiting with their father. C. At such other times as the parties may agree. Said periods of partial custody shall be exercised at the home of Father's parents and supervised by them until :Further order of court. We will consider amending this order to allow unsupervised visitation whenever we have received certification that Father successfully completed the anger management/individual therapy he is currently undergoing and his therapist confirms that no further supervision is needed. Mother or her surrogate should deliver the children to Father's parents' home to begin the periods of partial custody. p ~~ ~.x,~,t ~~ t ~. i/-', , Father or his surrogate shall return the children to Mother's residence at the conclusion of partial custody. Nothing herein shall be taken to supersede the bail conditions imposed in a separate criminal matter. 4. Holiday visitation shall be as agreed by the parties. 5. Neither party shall use any illegal drugs while the children are in said party's care. 6. This Court shall maintain jurisdiction. Peter B. Foster, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defendant :mlc ,, -.. ..~~r ' ~ ~ ' ' Capita/A~ea Counse/ing Services,/nc. Sandy Gordon, LCSW 1013 Mumma Road, Suite 302 Wormleysburg, PA 17043 sgordoncacs@verizon. net 717/975-1808 -phone 717/975160 -fax May 2, 2008 To Whom It May Concern: Re: Andrew Paul Smith This letter serves as certification that Andrew successfully completed nine individual sessions of anger management training with me from February 21, 2008 until May 2, 2008. Andrew attended all sessions as scheduled and completed assigned readings. Andrew was able to process information that he read during our sessions and explored healthier strategies (both behaviors and cognitions) to manage anger more effectively. No further sessions for anger management are required at this time as Andrew completed The Anger Control Workbook by Matthew McKay and Peter Rogers and is able to verbalize a better understanding of techniques for managing anger more effectively and healthier ways of relating to others. Andrew has agreed to continue with individual treatment to further explore the impact of current situational stressors on his life and to further integrate healthy cognitive and behavioral coping strategies. Andrew has shown consistent effort to improve his quality of life during our sessions and willingly agreed to continue with additional treatment beyond the basic requirement. Sincerely, Sandra Patt Gordon, LCSW _ n ~ ~C 7~ ~ l,~ ~ L I!~ . . * , Sandra Patton Gordon, LCSW 1013 Mumma Road, Suite 302 Wormleysburg, PA 17043 717/940-5933 -business cell 717/975-1808 -work s_gordoncacsCa~verizon.net -email Work History Therapist and Owner, Capital Area Counseling Services, Wormleysburg, PA effective July 1, 2007. Therapist and Clinic Manager, Pennsylvania Counseling Services, Harrisburg, PA 1999 - June 30, 2007 Social Worker Part time Per Diem, Hospice Preferred Choice, Harrisburg, PA 1999 - 2000 Director of Social Services, ManorCare Health Services, Harrisburg, PA 1997 - 1999 Social Worker, Comfort Care Home Health & Hospice, Camp Hill, PA 1993 - 1995 Social Worker, Holy Spirit Hospital, Camp Hill, PA 1993 -1995 Population Served and Areas of Interest Age 14 and up Anxiety, Depression/Mood Disorders, Substance Abuse and Addiction Concerns, Grief and Loss, Couples, Post Traumatic Stress Disorder, Geriatric Concerns, Stress and Anger Management, Critical Incident Stress Debriefings, Management Consults, Supervisory Consults, Trainings/Presentations on a variety of topics including; stress management, managing symptoms of depression and anxiety, effective communication strategies. Education Advanced Certification in Cognitive Behavioral Therapy, Philadelphia College of Osteopathic Medicine, 2004 Substance Abuse Professional Certification for Department of Transportation 2004 - 2007 Masters Degree, Social Work, Marywood College, Scranton, PA 1993 Bachelors Degree, Social Work, Shippensburg University, Shippensburg, PA 1991 1 ~ ~~ ~ kt.~ ~~ ~ ~c' ~- ~ . 'fir • CERTIFICATE OF SERVICE I hereby certify that on this date, May 9, 2008, I served a copy of the foregoing Motion on the Defendant by mailing said copy by first class mail at Harrisburg, Pa., to the attorney for the Defendant at the following address: Samuel L. Andes, Esquire 525 North 12~' Street Lemoyne, Pa. 17043 May 9, 2008 1'~t g,~~C Peter B. Foster, Esquire Attorney for Plaintiff c` +~-~ ~~ ° ~ r P =°`' ::~ _-; ^~ s' -r; ~_. _..+ ..._ -C ~., PINSKEY & FOSTER ATTORNEYS AT LAW RALPH B. PINSKEY PETER B. FOSTER 114 SOUTH STREET HARRISBURG, PENNSYLVANIA 17101 TELEPHONE: (717) 234-9321 FAX: (717) 234-7832 E-mail: RBPinskey~aol.com pbfoster114~aol.com May 9, 2008 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, Pa. 17013 Re: Andrew P. Smith v. Nicolle Brougher-Smith No. 07-5356; In custody Dear Sir/ Madam: Enclosed is the original and two copies of Plaintiffs Motion for Permission to Conduct Unsupervised Visitation. Please file this document. Also, enclosed are two return envelopes for the Attorneys for the parties. Please submit this Motion to Judge Guido for his consideration. Very truly yours, ~' PBF cc: Samuel L Andes, Esquire 525 North 12~' Street Lemoyne, Pa. 17043 W/ Enclosure Peter B. Foster r -.. ANDREW P. SMITH, Plaintiff vs. NICOLLE BROUGHER-SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-5356 IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO CONDUCT UNSUPERVISED VISITATION AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and responds to Plaintiff's Motion as follows: 1. Admitted. 2. Defendant admits the statement is attached to Plaintiff' s Motion but denies that such statement complies with the requirements of this Court's Order of 14 March 2008, in that it does not confirm that no further supervision of the Plaintiff's periods of temporary custody with the children is required. Plaintiff also admits that the resume attached to the Motion as Exhibit C is for Ms. Gordon. 3. Plaintiff admits that Defendant makes such request but avers that such request is premature until Plaintiff has fully complied with the terms of the Court's Order. WHEREFORE, Defendant moves this court to deny Plaintiff's Motion at this time. ~ ~~ Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 l CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Peter B. Foster, Esquire 114 South Street Harrisburg, Pa 17101 Date: 29 May 2008 -C./Ir:~ Amy arkins Secretary for Samuel L. Andes ( i ~3 C"~ ~_ r:: -~ C::.,, ~ .~;_ ~ -. .. ...... E_j~ -CY - t- ~S • • '? ~.l ,. 4:.. .+7 C~ e "<: 5" ") N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA rn" ANDREW P. SMITH, Plaintiff V. NICOLLE MARIE BROUGHER-SMITH, Defendant NO. 07-5356 _= + ?- CIVIL ACTION - LAW°~ •• VISITATION PLAINTIFF'S PETITION FOR MODIFICATION OF VISITATION ORDER SFIr AND NOW, this I day of December, 2010, comes Andrew P. Smith, by his attorney, Peter B. Foster, Esquire, and submits this Petition for Modification of his visitation rights to his two minor children, Rylee Smith and Kaylee Smith, and, in support thereof, avers as follows: 1. The Plaintiff is Andrew P. Smith, incarcerated at SCI Forest, PO Box 945, Marienville, PA 16239. 2. The Defendant is Nicolle Marie Brougher-Smith, residing at 19 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks visitation of the following children: Name President Residence Age j?i-n r 73 M "O C3 --E C7 -w ?.. Rylee Smith 19 West Maplewood Avenue 7 Mechanicsburg, PA 17055 DOB 6/21/03 Kaylee Smith 19 West Maplewood Avenue 6 Mechanicsburg, PA 17055 DOB 11/26/04 4. The children were not born out of wedlock. 5. The children are presently in the primary custody of Nicolle Marie Brougher-Smith who resides at 19 West Maplewood Avenue, Mechanicsburg, PA 17055. 6. During the past five years, the children have resided with the following persons, at the following addresses: a ? 0 a 42.1d? ? 53 ?° ? r Person Address Dates Nicolle Marie Brougher-Smith 19 Maplewood Avenue 2003-2007 and Andrew P. Smith Mechanicsburg, PA 17055 Nicolle Marie Brougher-Smith 19 West Maplewood Avenue 2007-2010 Mechanicsburg, PA 17055 7. The mother of the children is Nicolle Marie Brougher-Smith, residing at 19 West Maplewood Avenue, Mechanicsburg, PA 17055. She is married to Plaintiff, but separated. 8. The father of the child is Plaintiff Andrew P. Smith, who is an inmate at SCI Forest, Marienville, PA 16239. He is married to Defendant, but separated. 9. The relationship of Plaintiff to the children is that of biological father. 10. The relationship of Defendant to the children is that of biological mother. The Defendant currently resides with the following persons: Name Relationship Rylee Smith minor child Kaylee Smith minor child William Brougher minor child Zachary Brougher minor child 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. Plaintiff knows of persons not a party to these proceedings who claim to have visitation rights with respect to the children. The name and address of such persons is: Charles and Sue Smith, 2208 Logan Street, Camp Hill, PA 17011, who are seeking grandparents' visitation. 14. Plaintiff is seeking visitation with the children one day each month to be supervised by one of his parents, Charles and Sue Smith, at SCI Forest, Marienville, PA 16239. .4 , 15. One of Plaintiff's parents would provide transportation for the children to and from SCI Forest for said requested visitation. 16. Plaintiff has exercised supervised visitation by his parents with said children at 2208 Logan Street, Camp Hill, for an eighteen month period during 2007-2008. 17. The best interest and permanent welfare of the minor children will be served by granting the relief requested because: a. Plaintiff has lived with and acted as father for said children until 2007 and has enjoyed visitation with said children after that until he was incarcerated in state pnson; b. Plaintiff loves said children; and c. The children, Rylee Smith and Kaylee Smith, love their father. 18. The person who has physical custody of the children has been named as a parry to this action. The other persons, Charles and Sue Smith, the paternal grandparents, who have asserted a claim for grandparents' visitation, will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim Charles and Sue Smith 2208 Logan Street Camp Hill, PA 17011 Grandparents' visitation WHEREFORE, Plaintiff Andrew P. Smith respectfully requests this Honorable Court to modify his visitation rights with said children, as father. 1 \ Respectfully submitted, December 31, 2010 { d"z Peter B. Foster, Esquire Attorney for Plaintiff 114 South Street Harrisburg, PA 17101 717-234-9321 I.D. #15357 VERIFICATION I, Andrew P. Smith, hereby verify that the facts set forth in the foregoing Complaint for Visitation are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, unworn falsification to authorities. December -a t , 2010 Andrew P. Smith CERTIFICATE OF SERVICE I hereby certify that on this date, January S , 2011, I served a copy of the foregoing Petition for Modification of Visitation Rights on the Defendant by mailing said copy by first class mail at Harrisburg, PA, to the Defendant at the following address: Nicolle Brougher-Smith 19 West Maplewood Avenue Mechanicsburg, PA 17055 bCl_ January 5 , 2011 Peter B. Foster, Esquire Attorney for Plaintiff ANDREW P. SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-5356 CIVIL ACTION LAW _- NICOLLE MARIE BROUGHER-SMITH M,- -, -,z IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January 11, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, February 11, 2011` at 11:30 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Es Custody Conciliator f 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. A4 IdIt Cumberland County Bar Association rail 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CAF THEFILED- P OT?'HQNOTARY 2011 MAR 31 AM 8: 30 CUMBERLAND COUNTY PENNSYLVANIA ANDREW P. SMITH, Plaintiff VS. NICOLLE MARIE BROUGHER-SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5356 IN CUSTODY ORDER OF COURT AND NOW, this J () '" tiay of /?M 444I , 2011, upon the agreement of the parties as represented to the court by their counsel, we hereby order and decree as follows: 1. The Defendant Nicolle Brougher-Smith (`Mother") shall have legal custody of the parties' two minor children, Rylee N. Smith, born June 21, 2003 and Kaylee E. Smith, born November 26, 2004. She shall be responsible, however, to keep the Plaintiff Andrew P. Smith ("Father") informed of all major matters in the children's lives including religious training, education, and health care. 2. Mother shall have primary physical custody of both children. 3. Father shall have the right to telephone contact with the children, at his expense, by calling Mother's cell phone number (717-439-0385) each Monday evening at 8:15. The telephone contact will be with the children and shall not last more than fifteen (15) minutes. In the event that Father cannot place the call at 8:15 p.m., Mother will have the children available to receive the call until 8:30 p.m. on Mondays. The parties will cooperate with each other so that Father can have his telephone contact with the children. 4. Father may write to the children from prison and Mother shall deliver to the children all letters, cards, and other correspondence from Father. Further, Mother shall encourage the children to write back to Father. 5. While Father is in prison, his parents, Charles Smith and Sue Smith, shall have temporary custody of both of the children for one Saturday per month, from 9:00 a.m. until 4:00 p.m., on the following conditions: A. During the time that the children are with Charles Smith and Sue Smith, they shall have no contact, in person, by telephone, or otherwise, with Andrew Smith. B. Charles Smith and Sue Smith shall not denigrate Mother or her family to the children and shall not discuss with the children prior incidents or other problems between Father and Mother. The periods of custody provided in this paragraph shall commence on Saturday, April 2, 2011. BY THE CO'VJU?- J. Dis ? bution: Peter B. Foster, Esquire (Attorney for Plaintiff) 114 South Street, Harrisburg, Pa 17101 ? Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 0 .51211 I D ANDREW P. SMITH, Plaintiff VS. NICOLLE MARIE BROUGHER-SMITH, Defendant SUE SMITH and CHARLES SMITH, Plaintiffs VS. NICOLLE M. BROUGHER-SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5356 IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7083 IN CUSTODY PRE-HEARING MEMORANDUM OF NICOLLE BROUGHER-SMITH AND NOW comes the above-named Defendant, and submits the following Pre-Hearing Memorandum in accordance with this court's most recent order: 1. MOTHER'S POSITION ON CUSTODY. Andrew Smith has been in prison for the past several years and has had virtually no contact with the children whatsoever. He is in prison for several burglaries and other serious offenses and has a long and unfortunate criminal history. At the time of the parties' separation, he held mother and the two children at gun point in the family home while he threatened her physically. As a result, mother and the children are afraid of Andrew Smith. Sue and Charles Smith are the parents of Andrew Smith. They have had very limited contact with the children since Andrew's imprisonment. They have made it clear, by their statements and conduct, that they want to have time with the children so they can reintroduce the children to Andrew and attempt to reestablish some parent-child relationship with him. Mother opposes any contact with Andrew Smith at the present time. She believes contact should be reestablished when he is released from prison, the girls are older and can understand the situation better, and when counseling for all parties is available to help the children readjust to his presence in their lives. Similarly, she does not want Andrew's parents to have contact with the children if they will attempt to undermine mother's relationship with the children in an effort to buildup Andrew in the children's eyes. II. WITNESSES. At the hearing, in addition to herself, Mother proposes to call the following witnesses: A. Paula M. Willey, of 714 Sunhaven Circle in Mechanicsburg, Pennsylvania, her mother, who spends a great deal of time with the children and who will testify about the children's anxiety about contact with their father. B. R. Wayne Willey, of 714 Sunhaven Circle in Mechanicsburg, Pennsylvania, her father, who will testify much as Paula Willey. C. Kathleen Sweigart, of Yorktown Road in Mechanicsburg, Pennsylvania, her sister, who will testify about mother's close relationship with the children, the children's close relationship with their half brothers, and the children's fear of their father and any contact with him. Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Peter B. Foster, Esquire 114 South Street Harrisburg, Pa 17101 Date: 25 March 2011 Lq? Amy M. kins Se etary for Samuel L. Andes ANDREW P. SMITH, Plaintiff VS. NICOLLE MARIE BROUGHER-SMITH, Defendant SUE SMITH and CHARLES SMITH, Plaintiffs VS. NICOLLE M. BROUGHER-SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5356 IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7083 IN CUSTODY PRE-HEARING MEMORANDUM OF NICOLLE BROUGHER-SMITH AND NOW comes the above-named Defendant, and submits the following Pre-Hearing Memorandum in accordance with this court's most recent order: 1. MOTHER'S POSITION ON CUSTODY. Andrew Smith has been in prison for the past several years and has had virtually no contact with the children whatsoever. He is in prison for several burglaries. and other, serious offenses and has a long and unfortunate criminal history. At the time of the parties' separation, he held mother and the two children at gun point in the family home while he threatened her physically. As a result, mother and the children are afraid of Andrew Smith. Sue and Charles Smith are the parents of Andrew Smith. They have had very limited contact with the children since Andrew's imprisonment. They have made it clear, by their statements and conduct, that they want to have time with the children so they can reintroduce the children to Andrew and attempt to reestablish some parent-child relationship with him. Mother opposes any contact with Andrew Smith at the present time. She believes contact should be reestablished when he is released from prison, the girls are older and can understand the situation better, and when counseling for all parties is available to help the children readjust to his presence in their lives. Similarly, she does not want Andrew's parents to have contact with the children if they will attempt to undermine mother's relationship with the children in an effort to build up Andrew in the children's eyes. II. WITNESSES. At the hearing, in addition to herself, Mother proposes to call the following witnesses: A. Paula M. Willey, of 714 Sunhaven Circle in Mechanicsburg, Pennsylvania, her mother, who spends a great deal of time with the children and who will testify about the children's anxiety about contact with their father. B. R. Wayne Willey, of 714 Sunhaven Circle in Mechanicsburg, Pennsylvania, her father, who will testify much as Paula Willey. C. Kathleen Sweigart, of Yorktown Road in Mechanicsburg, Pennsylvania, her sister, who will testify about mother's close relationship with the children, the children's close relationship with their half brothers, and the children's fear of their father and any contact with him. C-?. - F.?M_ ?? Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 r CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Peter B. Foster, Esquire 114 South Street Harrisburg, Pa 17101 Date: 25 March 2011 Amy M. kins Se etary for Samuel L. Andes ANDREW P. SMITH, Plaintiff vs. NICOLLE MARIE BROUGHER-SMITH, Defendant SUE SMITH and CHARLES SMITH, Plaintiffs vs. NICOLLE M. BROUGHER-SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5356 IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7083 IN CUSTODY PRE-HEARING MEMORANDUM OF NICOLLE BROUGHER-SMITH AND NOW comes the above-named Defendant, and submits the following Pre-Hearing Memorandum in accordance with this court's most recent order: 1. MOTHER'S POSITION ON CUSTODY. Andrew Smith has been in prison for the past several years and has had virtually no contact with the children whatsoever. He is in prison for several burglaries and other serious offenses and has a long and unfortunate criminal history. At the time of the parties' separation, he held mother and the two children at gun point in the family home while he threatened her physically. As a result, mother and the children are afraid of Andrew Smith. Sue and Charles Smith are the parents of Andrew Smith. They have had very limited contact with the children since Andrew's imprisonment. They have made it clear, by their statements and conduct, that they want to have time with the children so they can reintroduce the children to Andrew and attempt to reestablish some parent-child relationship with him. Mother opposes any contact with Andrew Smith at the present time. She believes contact should be reestablished when he is released from prison, the girls are older and can understand the situation better, and when counseling for all parties is available to help the children readjust to his presence in their lives. Similarly, she does not want Andrew's parents to have contact with the children if they will attempt to undermine mother's relationship with the children in an effort to build up Andrew in the children's eyes. II. WITNESSES. At the hearing, in addition to herself, Mother proposes to call the following witnesses: A. Paula M. Willey, of 714 Sunhaven Circle in Mechanicsburg, Pennsylvania, her mother, who spends a great deal of time with the children and who will testify about the children's anxiety about contact with their father. B. R. Wayne Willey, of 714 Sunhaven Circle in Mechanicsburg, Pennsylvania, her father, who will testify much as Paula Willey. C. Kathleen Sweigart, of Yorktown Road in Mechanicsburg, Pennsylvania, her sister, who will testify about mother's close relationship with the children, the children's close relationship with their half brothers, and the children's fear of their father and any contact with him. Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Peter B. 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QneA Lel;et' o(1c fi A2 !`vlc g a 0ern i ns u4w ern 1 ?U?-/mollr Q,\A pe.A"11y a,:- 4'7 \ ("V ?E-PM-rF-TCATTOAJ OF SE2vscc T H6RC AY CERT-TFY + a:- ?r\. eXC4+ copy 0F +kc • E-o^e c,'? Pe '+r can ?a? O??ec- c3? ?e h s S i n mcu'le& , Pc?.s Se- Pre.doa?cQ cknA ?7 Gtc-Tit ?'ec? N\vJ To ?{?e ?Qe? ncxa,?-S 0.-??-o-ney o -e-",,rA ?cxrnucl L., A&Aes,Es$. A?74k la L 5+f -ee.+r Ro. Rax Ib?, Lemoyne. , PA I-2043- oi?g -tkos So-y o-? f ee-,Pn C e - • 0 PETER B. FOSTER, ESQUIRE ATTORNEY AT LAW 114 SOUTH STREET HARRISBURG, PENNSYLVANIA 17101 PETER B. FOSTER June 2, 2011 Andrew P. Smith HA 1029 SCI Forest PO Box 945 Marienville, PA 16239 TELEPHONE: (717) 234-9321 FAX: (717) 234-7832 E-mail: pbfoster114@aol.com Dear Mr. Smith, i I regret to inform y that Attorney Peter B. Foster, Esquire, passed away on Monday, May 30, 2011. You will hate to retain another lawyer for your case. Please contact me at the office to arrange to pick up our file. If a retainer was paid for Attorney Foster's services, I will be in contact with you rega?ding a refund of fees for legal services that was not yet provided. Sincerel , •- v lam. Amanda Golia ANDREW P. SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C-) c =n -° r_11) x V. 2007-5356 CIVIL ACTION LAW cD c_ Fri cn r-" t c:a NICOLE MARIE BROUGHER-SMITH f ? 4 IN CUSTODY mac' ro DEFENDANT t-? =9 _ ORDER OF COURT AND NOW, Thursday, Janu ary 05, 2012 , upon consideration of the attached Com plaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, February 02, 2012 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. 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 ?6' i4 coP?! /?7a??Gt°d / &'OY ^g1,1,0 V lb ?/ir (/top/ / ? cJ /?z JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ANDREW P. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5356 CIVIL TERM NICOLLE MARIE BROUGHER-SMITH, CIVIL ACTION - LAW r-j Defendant IN CUSTODY c r= `"`'' PRAECIPE TO ENTER APPEARANCE TO THE PROTHONTARY: Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for the Plaintiff, Andrew P. Smith, in the above captioned matter. Dated: 17 A // Z Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Phone: (717) 221-0900 PA Supreme Ct. ID No. 68735 r CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that a true and correct copy of the foregoing document was served upon the following via postage pre-paid first class mail: Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 BY: Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Mechanicsburg, PA 17055 Phone: (717) 221-0900 ?s ?? ?? PA Supreme Ct. ID No. 68735 DATE: t ANDREW P. SMITH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-5356 CIVIL ACTION LAW NICOLE MARIE BROUGHER-SMITH Defendant IN CUSTODY ORDER OF COURT AND NOW, this /1 424 day of f?&PLA L 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 30, 2011 shall continue in effect as modified by this Order. 2. The weekly telephone calls between the Father and the Children shall take place every Tuesday at 7:30 p.m. rather than Mondays at 8:15 p.m. 3. The Mother shall retain any letters, cards and pictures which the Father mails to the Children in a place to which the Children have open access. 4. If the Mother determines any correspondence from the Father is inappropriate to provide to the Children, the Mother shall provide the correspondence to her counsel so that the issue can be addressed further, if necessary, between the parties' attorneys. 5. 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. B HE COUR , rrIm -n M rrrl nos-r_.Edward E. Guido J. u: r- rv ;:0 -c > CO I> CD -n cc: ? Samuel L. Andes Esquire - Counsel for Mother T,77; Jeanne B. Costopoulos Esquire - Counsel for Father la6_11 a ANDREW P. SMITH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NICOLE MARIE BROUGHER-SMITH Defendant Prior Judge: Edward E. Guido 2007-5356 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rylee Smith June 21, 2003 Mother Kaylee Smith November 26, 2004 Mother 2. A custody conciliation conference was held on February 15, 2012, with the following individuals in attendance: the Mother, Nicole Marie Brougher-Smith, with her counsel, Samuel L. Andes Esquire, and the Father's counsel, Jeanne B. Costopoulos Esquire. The Father, Andrew P. Smith, is currently incarcerated and participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. (-fir CX l ,? a t a-dzn= Date Dawn S. Sunday, Esquire Custody Conciliator