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HomeMy WebLinkAbout07-5479Paul J. Esposito, Esquire [.D. lt2S434 GOLDBERG KATZMAN, P.C. 320 Madrot Stroet P. O. Box 1268 HaRisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (fsnimile) Casmx! fw PfatmiN' JAMES A. SMITH, IV, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 47 - ~ y9 9 Civil Term ERIN K. JACOBY, CIVIL ACTION -LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is JAMES A. SMITH, IV, who currently resides at 440 South York Street, Mechanicsburg, Pennsylvania 17055. 2. Defendant is ERIN K. JACOBY, who currently resides at an unknown address in Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiffbelieves that Defendant receives mail at 314 Shuey Road, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff seeks shared legal and equal physical custody of: Name: James A. Smith, V, DOB: 10/30/03 Present Residence: 440 South York Street, Mechanicsburg, Pennsylvania The child was born out of wedlock. 4. The Child resides with the Plaintiff herein at 440 South York Street, Mechanicsburg, Pennsylvania. 5. Since birth, the Child has resided at the following addresses with the individuals listed: October 30.2003 to Apri12005 121 15~` Street, New Cumberland, Cumberland County, Pennsylvania with Plaintiff, Defendant, Defendant's son, Blake, and paternal grandparents, James A. Smith, III, and Sandra Smith April 2005 to December 2005 318 l0a` Street, New Cumberland, Cumberland County, Pennsylvania with Plaintiff, Defendant, and Defendant's son, Blake December 2005 to December 2006 31$ l 0a' Street, New Cumberland, Cumberland County, Pennsylvania with Plaintiff and Defendant's son, Blake -time shared equally (50%) with Defendant and with Defendant and her son, Blake, at different addresses December 2006 to Mazch 2007 121 15a' Street, New Cumberland, Cumberland County, Pennsylvania with Plaintiff and Defendant's son, Blake, and paternal grandfather -tune shared equally (50%) with Defendant and with Defendant and her son, Blake, at different addresses March 2007 to Present 440 S. York Street, Mechanicsburg, Pennsylvania with Plaintiff and his girlfriend, Tammy Herr -time shazed equally (50%) with Defendant and with Defendant, her son, Blake, and her boyfriend, Shawn at an unknown address in Mechanicsburg, Pennsylvania b. The mother of the Child is Erin K. Jacoby, Defendant herein, who currently resides at an unknown address in Mechanicsburg, Cumberland County, Pennsylvania. 7. The father of the Child is James A. Smith,lV, Plaintiff herein, who currently resides at 440 South York Street, Mechanicsburg, Pennsylvania. 8. The relationship of Plaintiff to the Child is that of father. Plaintiff currently resides with his girlfriend, Tammy Herr and his son, James A. Smith, V 50% of the time. 9. The relationship of Defendant to the Child is that of mother. Defendant currently resides with her boyfriend, Shawn, and her son, Blake M. Jacoby (D.O.B. 10/12/99). 10. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth. :ODMAIPCDOCSIDOCS1I3045616 2 11. Plaintiff does not know of any person who is not a party to these proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 12. Plaintiff has not participated as a party, witness or in another capacity or in other litigation concerning the custody of the Child in this or another Court. 13. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the Child have been named as a party to this action. 14. The best interests and permanent welfare of the Child will be served by the relief requested. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant him shared legal and equal physical custody of the parties' Child, JAMES A. SMITH V, in accordance with a schedule to be determined. Date: ~ ~ , 2007 Respectfully submitted, GOLD RG ZMAN, P.C. Paul J. E si Attorne I.D 25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717} 234-4161 Attorney for Plaintiff ::ODM.9IPCDOCSIDOCSI13045616 3 VERIFICATION I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ( ~~ 0 - S A. S TH, IV t~ ~ '1 ~+i tS1 '~" s. -~ ~x= "' ±~-±r ~=; - --T _-, ~ ~ . -- ~~ ~ d ~ ~-:, ~a :~. -, ~ ~ . z... ~' ~' ~ + ~ ~ ~' ~ N .l, .~'" .... JAMES A. SMITH, IV PLAINTIFF V. ERIN K. JACOBY DF,FENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 07-5479 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 19, 2007 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, Friday, October 12, 2007 at Z:00 PM at 4th Floor, Cumberland County Courthouse, Carlisle on for aPre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . M r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All. arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t~dN'dttlAS+~IJ~~~d fV.hffiG~' ' ~~•~~~"-~W~1~ L Q ~ h i~d 6 ! d~S L4~Z A€~t~lUfv~.1.C;~d ~H.t ~(3 ~-, Paul J. Esposito LD. k25454 Goldberg Katzman, P.C. 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Arrornevs for Plaintiff JAMES A. SMITH, IV, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-5479 F.,RI1~T K. JACOBY, : CIVIL ACTION - L,AW Defendant IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSI'I'O, ESQUIRE, who being duly sworn according to law deposes and says that on September 14, 2007, he served a certified copy of the Complaint for Custody by certified mail, restricted delivery, to Erin K. Jacoby, at 314 Shuey Road, New Cumberland, Pennsylvania 17070, and the return receipt card accepted by an adult individual in Defendant's household authorized to accept service in Defendant's behalf, shown as being delivered on September 17, 2007, is attached hereto and m~e a part hereof. PAUL . ESP ~ SITO Sworn to and subscr'bed before me this a~~~day of , 2007. Sally A. Mars , otary Public My Commission Expires: 02/03/2008 .. _ _., ,._ a li CF t'ENNSYLVANIA - -.~..`~ Notarial Seal Sally A. Marsh, Notay Public City Of Harrisburg, Dauphin County RAy C'nmmission E>~ireg Sept. 17, 2010 AAc=r•,t, ; -~;xrsylvania Association of Notaries ODMA I PCDOCSI DOCS1979381 ! 2 t ~w I!" - - u7 ~. • . . ..- . .•. rU IL • . , , ° ~ Posta e $ 9- ~ y ` O7 g ~ Certified Fee ~ ° Return Receipt Fee Postmark Here ~ (Endorsement Required) O Restdcted Delivery Fee (Endorsement Required) ~ Total Postage & Fees ~ ~ 7 ~ /, C~G(r / .~ ° ° r` Erin K. Jacoby 314 Shuey Road New Cumberland, PA 17070 ^ Complete Rems 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ^ Agent X ^ Print your name and address on the reverse ^ Addressee SO that we can return the Card to you. g, ived by (printed Name) C. Date of Delivery ^ Attach this card to the back of the mailplece, ~~ . ~ 7.6 7 or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item f Z ^ Yes If YES, enter delivery address Uebw: ^ No ' Erin K. Jacoby 314 Shuey Road New Cumberland, PA 17070 3• ~ ~ Certified Mall ^ Express Mall ^ Registered ~etum Receipt for MercharWiea ^ Insured Matt ^ C.O.D. 4. Restricted Detivery/t (FxGa Fee) ^ Y9s 2. Article Number 706 276^ ~U115 654 2259 (Transfer from service lebeQ PS Form 3811, February 2004 Domestic Return Receipt iozsss-az-to-~eao <'> `"' :~ ,., i-~i r.,~ .._.s -_ : `-, _'! t"- °` ~ ` ~,;~ i ~ ~ s~.~ _~.~ ~"~ ocr iszou~~ JAMES A. SMITH, IV IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ERIN K. JACOBY No. 07-5479 Civil Term Defendant :ACTION IN CUSTODY COURT ORDER AND NOW, this ~? day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Father, James A. Smith,lV, and the Mother, Erin K. Jacoby, shall enjoy shazed legal custody of the minor child, James A. Smith, V, born 10/30/03. The parties shall have an equal right, to be exercised jointly with the other pazent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309,'each pazent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other pazent. To the extent one pazent has possession of any such records or information, that pazent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other pazent. 2. Physical Custody: The Father and Mother shall shaze physical custody of James A. Smith, V pursuant to the following schedule. Father has physical custody Monday after day caze until Tuesday morning and Wednesday after day care until Thursday morning, Mother has physical custody Tuesday after day Gaze until Wednesday morning and Thursday after day caze until Friday morning, Father has physical custody Friday after day care until Monday morning. The' following week, Mother has physical custody Monday after day care until Tuesday morning and Wednesday after day care until Thursday morning, Father has physical custody Tuesday after day caze until Wednesday morning and Thursday after day care until Friday morning, Mother has physical custody Friday after day caze until Monday morning. This schedule shall be repeated in the subsequent weeks. This schedule shall commence on 10/12/07 with Father's weekend. 3. Exchanges: The pick up/drop off location shall be at the Child's day care or school, unless the parties mutually agree to an alternate location. \/ 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other parry. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. Holidays: Absent mutual agreement, the parties are directed to abide by the attached holiday schedule. Birthdays with the Child shall be mutually agreed to and arranged. 9. Vacation: Each parent shall have 14 days of vacation with the Child per year with no more than seven consecutive days at a time. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. Neither party may relocate more than thirty miles away from their present residence without giving the other parry thirty days advance notice of said relocation. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Cc: esley Beam, Esquire maul Esposito, Esquire hn J. Mangan, Esquire ,y ~~ ~ ° ~' "r;~~~~ };~t~iC'~~~;: A~ ~ ~~1~ ~ ~4 HOLIDAYS AND SPECIAL DAYS TIlVIES EVEN YEARS ODD YEAR5 Easter Da 1 S Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 pm Mother Father Inde endence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving is Half From 8 am Thanksgiving Day to 2 m on Thanks ivin Da Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the da after Thanks ivin Da Mother Father Christmas 1 S Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father JAMES A. SMITH, IV Plaintiff v. ERIN K. JACOBY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5479 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of James A. Smith, V 10/30/03 Shared by Mother and Father 2. A Conciliation Conference was held on October 12, 2007 with the following individuals in attendance: The Father, James A. Smith, IV, with his counsel, Paul J. Esposito, Esquire The Mother, Erin K. Jacoby, with her counsel, Lesley Beam, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: U John an, Esqu'ir Cust y C nciliator LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 396 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Ibeam(c~kopelaw.com JAMES A. SMITH, IV, Plaintiff, vs. ERIN K. JACOBY, Defendant. Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No: 07-5479 CIVIL ACTION -LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW COMES the Petitioner, Erin K. Jacoby, by and through her attorney, Lesley J. Beam, Esquire, and files this Petition to Modify the Custody Order of which the following is a statement: 1. The Petitioner is Erin K. Jacoby, currently residing at 1400 Spring Garden Road, Middletown, Dauphin County, Pennsylvania 17057 (hereinafter "Petitioner" or "Mother"). 2. The Defendant is James A. Smith, IV, currently residing at 131 East Locust Street, Mechanicsburg, Cumberland County, PA 17055 (hereinafter "Respondent" or "Father"). 3. Petitioner and Defendant are the natural mother and father, respectively, of the following minor male child: James A. Smith, V, born October 30, 2003, currently 5 years of age (hereinafter the "child"). 4. The child was born out of wedlock. 5. An Order of Court was issued on October 17, 2007 regarding the custody of the child, after conciliation and upon agreement of the parties. A true and correct copy of said order is attached as Exhibit "A" (hereinafter the "Order"). 6. This Order provides that the parties share legal and physical custody of the child. Physical custody of the child is split on a repeating two week schedule. During the first week, Father has custody of the child Monday to Tuesday, Wednesday until Thursday, and Friday until the following Monday. Mother has custody of the child Tuesday to Wednesday and Thursday to Friday. During the second week, Mother has custody of the child Monday to Tuesday, Wednesday until Thursday, and Friday until the following Monday. Father has custody of the child Tuesday to Wednesday and Thursday to Friday. 7. At the time this Order was agreed upon, the child had yet to begin school. 8. The child is currently of age to attend kindergarten, and Mother wishes him to attend the school in the Middletown school district, which school her other son, the child's half-brother, will be attending. Father does not agree with this decision, and wishes the child to attend school in his school district, although he works approximately 5 miles from the school that the child would attend in the Middletown school district. 9. The current custody schedule has also been detrimental to the child. Mother does not wish to subject the child to so much "back-and-forth" between the parents, especially during the school year. 2 10. The child currently cries every time that he has to leave to go to his father's house. The child has stated to Mother that he does not want to go to Father's house unless his sister is going to be there. 11. The child's half-sister is currently not residing with Father, but with her mother, who moved out of Father's residence in March of 2009. 12. On June 1St of 2009, Father married a woman whom he met in mid-March of the same year. Mother is concerned about the volatility of the home environment that Father has produced, in that Father has abruptly changed the "family" members in his home and taken away the child's security and consistency. 13. Mother is also concerned about Father's friends, who routinely spend time at Father's house, more than one of whom has recently been released from jail. 14. Mother no longer believes it is in the best interest of the child for the parties to exercise joint physical custody of the child. 15. Therefore, Mother hereby requesting that the Order be modified to provide Mother with primary custody of the child, and Father with partial physical custody of the child every other weekend. 16. Should Mother not receive primary custody of the child but continue to share physical custody, Mother hereby requests that an Order be put in place mandating that the child shall attend school in the Middletown School District. 17. The best interest and permanent welfare of the child will be served by granting the relief as requested because: 3 a. Mother has purchased a home with her fiance, and is able to provide a consistent and stable environment for the child; b. Father has recently both broken up with mother of the child's half-sister, and both individuals have left the home. Almost immediately thereafter, Father met and married a new woman who has been introduced to the household. The changes in "family" members in Father's home has thus been unstable and inconsistent, which threatens the child's sense of security; c. With the child entering school, it would benefit the child from enjoying a home that functions as his primary residence, and not be subjected to so much "back-and-forth"; d. The child has evidenced substantial distress about going to Father's house, and would benefit from more limited time at Father's house; e. Father has engaged in friendships with individuals who have recently been released from jail, and who should not be around the child; f. Mother is making her choices with regard to school district based on her knowledge of the school district and curriculum. In fact, Mother moved to her current school district so that her children could attend school there. Father's opposition to this school district is not a reflection of the qualities of the school district, but his preference of a school district that is convenient to him; and 4 g. The child's half-brother lives fully with Mother, and it important for the child to be able to spend significant time with his brother. Having an older brother in his school will also make the transition from attending day care to attending public school easier for the child. 18. Petitioner does not know of a person not a party to the proceedings that has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. Each parent whose parental rights to the child have not been terminated and all persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Petitioner requests that this Honorable Court modify the Order to provide Mother with primary custody of the child, and Father with partial physical custody of the child every other weekend. WHEREFORE, should Mother not receive primary custody of the child but continue to share physical custody, Mother hereby requests that this Honorable Court put in place an Order mandating that the child shall attend school in the Middletown School District. Dated: ~~ 13 5 07/10/2009 FRI 16;14 FAg x]001/001 VERIFICATION I, Erin K. Jacoby, the Petitioner in this matter, have read the foregoing Petition to Modify Custody Order. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. t understand that any false statements herein are made subject #o the penalties of 18 Pa.C.S. § 4804 relating to unsworn falsifications to authorities. Dated: "J ~ ~ v Erin acoby - 6 ~~~ .~ 5 2DD7 a~+ JAMES A. SMITH, IV IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PErdNSYLVANIA v. No. 07-5479 Civil Term ERIN K. JACOBY . Defendant :ACTION IN CUSTODY COURT ORDER AND NOW, this day of October; 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Father, James A. Smith, IV, and the Mother, Erin K. Jacoby, shall enjoy shazed legal custody of the minor child, James A. Smith, V, born 10/30/03. The parties shall have an equal right, to be exercised jointly with the other parent, to make alI major non-emergency decisions affecting the Child's general well-being including, but not limited to, ali decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to shaze the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other pazent. 2. Physical Custody: The Father and Mother shall share physical custody of James A. Smith, V pursuant to the following schedule. Father has physical custody Monday after day caze until Tuesday morning and Wednesday after day caze until Thursday morning, Mother has physical custody Tuesday after day care until Wednesday morning and Thursday after day caze until Friday morning, Father has physical custody Friday after day care until Monday morning. The following week, Mother has physical custody Monday after day caze until Tuesday morning and Wednesday after day care until Thursday morning, Father has physical custody Tuesday after day caze until Wednesday morning and Thursday after day caze until Friday morning, Mother has physical custody Friday after day care until Monday morning. This schedule shall be repeated in the subsequent weeks. This schedule shall commence on 10/12/07 with Father's weekend. 3. Exchanges: The pick up/drop off location shall be at the Child's day caze or school, unless the parties mutually agree to an alternate location. 4. The non-custodial pazent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Neither parry may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other parry, or may hamper the free and natural development of the Child's love or affection for the other party. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. Holidays: Absent mutual agreement, the parties aze directed to abide by the attached holiday schedule. Birthdays with the Child shall be mutually agreed to and arranged. 9. Vacation: Each pazent shall have 14 days of vacation with the Child per yeaz with no more than seven consecutive days at a time. The requesting pazent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regazding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. Neither party may relocate more than thirty miles away from their present residence without giving the other party thirty days advance notice of said relocation. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY O 5 Cc: Lesley Beam, Esquire Paul Esposito, Esquire John J. Mangan, Esquire TRUE C~'l~'E FRQ!~~ RECORD In Testimony wh~~reo~, .here unto set my hand a®d a Ilea( of said Court ~ rlis e, Pa. T ..../..~. ay f. .. ., fOthenotary HOLIDAYS AND SPECIAL DAYS TIMES EVEN ~~ ODD ~~ Easter Da 1 Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Inde ndence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 1 S Half From 8 am Thanksgiving Day to 2 m on Thanks 'vin Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the da after Thanks 'vin Da Mother Father Christmas 1 S Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 ~ (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father JAMES A. SMITH, TV Plaintiff v. ERIN K. JACOBY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5479 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE 4F PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of James A. Smith, V 10/30/03 Shared by Mother and Father 2. A Conciliation Conference was held on October 12, 2007 with the following individuals in attendance: The Father, James A. Smith, IV, with his counsel, Paul J. Esposito, Esquire The Mother, Erin K. Jacoby, with her counsel, Lesley Beam, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: U ~ ~ ' John Esquir Cust y C nciliator KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a~kopelaw.com JAMES A. SMITH, IV, Plaintiff, vs. ERIN K. JACOBY, Defendants Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No: 2007-5479 CIVIL ACTION -LAW !N CUSTODY CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal, do hereby certify that on this 16th day of July 2009, I served a true and correct copy of the foregoing Petition to Modify Custody Order via regular U.S. First Class mail, postage prepaid, addressed as follows: Paul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street P.O. Box 1258 Harrisburg, PA 17108-1268 (Attorney for Plaintiff) KOPE & ASSOCIATES, LLC lie Wehnert Paralegal ~~~ru~ C~ THE P~`0~'~,,y+!,'F' 1~Q9 JAL 20 ~~~~ I ~ ~ 4 x'10.0© Q~ A'R'/ ~,`~ 4$~8 p~ aa~ aw3 ., _ ,LAMES A. SMITH, IV IN THE COURT OF COMMON PLEAS OF I'LA-NTIFF CUMBERLAND COUNTY, PENfNSYLVANIA V. ERIN K. JACOBY DEFL;NU.4NT • 2007-5479 CIVIL ACTION LA'W IN CUSTODY ORDER OF COURT AND NOW, _____ Wednesday, July 22, 2009 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, August 31., 2009 at 8:30 AM for aPre-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, a.nd to enter into a temporary order. All children a~;e tive or older may also be present at the conference. Failure to apy~ear at the c-onference may provide grounds for entry of a temporary or permanent order. T'he court hereby directs the parties to furnish any and alt existing Protection from Abuse orders, Special Reliet` orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, r By: /s/ • ohn J. Mangan, Jr., Esq. ~ _ Custody Conciliato- r '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 SI-{Oi.1t_D "hf1KE THIS PAPER TO YOUR. ATTORNEY AT ONCE. IF YOU DO NOT HAVE; AN A"C"I'ORNI?Y OR C:ANN01" AFFORD ONE, GO TO OR'TELEPHONE THE OFFICE SET FORTH BELOW "1~0 FEND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OF The F~?^7b-s'~?; NOTARY 2QQ9 JUL 22 PM 4 ~ 0 4 P~JCaV~Y~VA~#~ ~~ ~ • oho? -CJ1' ('~ ~ ~~ ~ytc~~~ ~ ~ ~~~Qa~ ~,~ , z zoo9~ 5 JAMES A. SMITH, IV IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ERIN K. JACOBY No. 07-5479 Civil Term Defendant :ACTION IN CUSTODY Prior Judge: M. L. Ebert, Jr., J. COURT ORDER AND NOW, this ~ ~ ~ day of August 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: All prior Orders entered in this matter are hereby VACATED and replaced with this Order. ~ ~'!''` 2. Legal Custody: The Father, James A. Smith, IV, and the Mother, Erin K. Jacoby, shall enjoy shared legal custody of the minor child, James A. Smith, V, born 10/30/03. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Father and Mother shall arrange physical custody of James A. Smith, V pursuant to the following repeating two week schedule: a. In week one, commencing 8/19/09, Father shall have physical custody of the Child Wednesday from after school or day care until Monday morning. Father shall pick the Child up and drop the Child off at day care or school for these days. b. In week two, commencing 8/27/09 Father shall have physical custody Thursday from after school or day care until Friday morning. Father shall pick the Child up and drop the Child off at day care or school for these days. 4. Exchanges: The pick up/drop off location shall be at the Child's day care or school, unless the parties mutually agree to an alternate location. 5. The Child shall be, and the parties have agreed, enrolled in Mother's school district (Middletown, PA) unless the parties agree otherwise. 6. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 7. Counseling: The parties are directed, and have agreed, to engage the Child in individual counseling with amutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 10. Extracurricular activities: Each party shall provide to the other at least forty-eight hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that the parents have custody of the Child, they will make certain that the Child attends any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Child to and from such activities and the preparations and practices for the activities that are scheduled, in such time so that the Child is able to participate in those events. Neither parent, however, shall sign up the Child for any activity unless the Child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the Child maintaining passing grades in school. Neither parent shall sign the Child up for activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the custodial parent shall not be required to take the Child to that activity if the custodial parent and the Child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parentis unable to deliver the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child is ready for pickup in time sufficient to enable the Child to timely attend the activity. 11. Neither party shall smoke in confined places, including but not limited to the parties' vehicles and residences, when the Child is in their custody. 12. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. Holidays: Absent mutual agreement, the parties are directed to abide by the attached holiday schedule. Birthdays with the Child shall be mutually agreed to and arranged. 14. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child on the summer break; however, the parties may extend said vacation to no more than ten consecutive days at a time. Such periods of vacation shall be exercised to include the custodial parent's regular physical periods of custody. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 15. Neither party may relocate more than thirty miles away from their present residence without giving the other party thirty days advance notice of said relocation. 16. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~~ Cc: es ey Beam, Esquire c Esposito, Esquire J. Mangan, Esquire c ~ 1 ~~ o~~ Regular Physical Custody Schedule Monda Tuesda Wednesday Thursday Frida Saturda Sunda M M M D D D D D D M M M M D D M M M HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Day 2" Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Inde endence Da From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the da after Thanks ivin Da Mother Father Christmas 1 S Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 pm Fathex Father JAMES A. SMITH, IV Plaintiff v. ERIN K. JACOBY Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5479 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of James A. Smith, V 10/30/03 Shared by Mother and Father 2. A Conciliation Conference was held on October 12, 2007, an Order issued October 17, 2007 and a conciliation conference was held August 12, 2009 with the following individuals in attendance: The Father, James A. Smith, IV, with his counsel, Paul J. Esposito, Esquire The Mother, Erin K. Jacoby, with her counsel, Lesley Beam, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: ~ John an i, Esquire Cust dy Conciliator RL~-t~h1(:E £~ ~ F'~t}TNO~TJU~Y 209 AUG i 3 AH ! I~ 5 i t~IBP~~'.~(v~"YLVN ~ Nty