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HomeMy WebLinkAbout07-6344CHRISTINE SMITH, Plaintiff, vs. JEFFREY R. SMITH, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 07 - 1,03q1 (21.i L : CIVIL ACTION - LAW : IN DIVORCE N O T I C E TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 3 of 4 CHRISTINE SMITH, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. NO. CI ?_ 3 <<v G 1 7' JEFFREY R. SMITH, CIVIL ACTION - LAW Defendant. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 4 of 4 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeama-kopelaw.com CHRISTINE SMITH, Plaintiff, vs. JEFFREY R. SMITH, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, CHRISTINE SMITH, by and through her attorney, LESLEY J. BEAM, ESQUIRE, and makes the following Complaint in Divorce and Custody: 1. The Plaintiff is CHRISTINE SMITH, an adult individual who currently resides at 27 Audubon Park, Dillsburg, York County, Pennsylvania 17019. All legal papers may be served on Plaintiff through her counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is JEFFREY R. SMITH, an adult individual who currently resides at 831 Ohio Avenue. Lemoyne, Cumberland County, Pennsylvania 17014. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 20, 1998, in Lewisbeny, Pennsylvania. 5. The Parties separated on or about February 1, 2007, when Plaintiff moved out of the marital residence. 6. Plaintiff has never been in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. Defendant has been in military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments, namely the United States Navy, however, Defendant was discharged before the parties married in 1998. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully 2 of 7 requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. COUNT 11 REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart, and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 3 of 7 16. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 17. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT IV REQUEST FOR CONFIRMATION OF CUSTODY UNDER § § 3104(a)(2) AND 3323(b) OF THE DIVORCE CODE 18. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 19. The parties are the parents of the following unemancipated children who reside with Plaintiff primarily, and Defendant on a shared de facto custody basis: NAME AGE SEX D.O.B. Codi Smith 9 years old Male 8/2/1998 Joshua Smith 3 years old Male 11/2/2003 20. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Christine Smith 27 Audubon Park September 2007 - Present Dillsburg, PA 17019 4 of 7 Christine Smith 701 Quaker Circle, Apt. 4 Feb. 2007 - Sept. 2007 Lewisbeny, PA 17339 Christine Smith Jeffrey R. Smith 831 Ohio Avenue Lemoyne, PA 17014 March 2006 - Feb. 2007 Christine Smith Jeffrey R. Smith 691 Quaker Circle, Apt. 5 Lewisberry, PA 17339 Nov. 2005 - March 2006 21. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court. 22. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 23. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 24. The best interests and permanent welfare of the children will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order awarding Plaintiff shared legal custody and primary physical custody of the children. COUNT V ALIMONY 25. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 5 of 7 26. During the marriage, Plaintiff worked part-time or not at all, and would stay at home raising the kids and tending the home. Defendant maintained his role as the primary breadwinner in the family. 27. As a consequence, Plaintiff does not have the experience or training to secure a position earning sufficient wages, or similar wages to that of Defendant. Plaintiff is unable to adequately support herself through appropriate employment; i.e., Plaintiff does not have the means through her own earning capacity to maintain a reasonable standard of living, nor the standard the parties established during the marriage. 28. Plaintiff lacks sufficient property, including, but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. 29. Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding Plaintiff from Defendant alimony in such sums as are reasonable and adequate to support and maintain Plaintiff. f`nl IAIT All ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 30. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 6 of 7 31. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 32. Defendant's income is disproportionately higher than Plaintiffs income, and Plaintiff is without adequate income to pay the costs and expenses of this litigation, and is, likewise, without adequate income to maintain herself during the pendency of the litigation. WHEREFORE, Plaintiff respectfully requests that the Court grant an order upon Defendant compelling Defendant to pay Plaintiff alimony pendente lite, counsel fees and/or costs of litigation. Respectfully Submitted, KOPE 8y ASSOCIATES / -?-`- Date: /O/QS/D7 sley m, Esq. r/0 7 of 7 VERIFICATION I, Christine Smith, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: Christine Smith W Q W ?T 0 c 11%% 111$ 4 w MID Q Q O' (Aj 1 Q N rAa C"`x ^^i r.? C4 Q KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeama-kopelaw.com Attorney for Plaintiff CHRISTINE SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. D^I - ?.3? ?l u ti ?, 1 JEFFREY R. SMITH, CIVIL ACTION - LAW Defendant. IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the above-named Plaintiff, CHRISTINE SMITH, by and through her attorney, LESLEY J. BEAM, ESQUIRE, and makes the following Complaint in Custody: 1. The Plaintiff is CHRISTINE SMITH, an adult individual who currently resides at 27 Audubon Park, Dillsburg, York County, Pennsylvania 17019. All legal papers may be served on Plaintiff through her counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is JEFFREY R. SMITH, an adult individual who currently resides at 831 Ohio Avenue. Lemoyne, Cumberland County, Pennsylvania 17014. 3. Plaintiff seeks shared legal custody and primary physical custody of the following children: NAME PRESENT RESIDENCE AGE SEX Codi Smith 27 Audubon Park 9 years Male Dillsburg, PA 17019 D.O.B. 8/2/1998 Joshua Smith 27 Audubon Park 3 years Male Dillsburg, PA 17019 D.O.B. 11/2/2003 4. Codi Smith and Joshua Smith (hereinafter the "children") were born in wedlock. 5. The children are presently residing primarily with the Plaintiff. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Christine Smith 27 Audubon Park Sept. 2007 - Present Dillsburg, PA 17019 Christine Smith 701 Quaker Circle, Apt. 4 Feb. 2007 - Sept. 2007 Lewisberry, PA 17339 Christine Smith 831 Ohio Avenue March 2006 - Feb. 2007 Jeffrey R. Smith Lemoyne, PA 17014 Christine Smith 691 Quaker Circle, Apt. 5 Nov. 2005 - March 2006 Jeffrey R. Smith Lewisberry, PA 17339 7. The mother of the children is Christine Smith, currently residing at 27 Audubon Park, Dillsburg, York County, Pennsylvania. She is married but separated. 8. The father of the children is Jeffrey R. Smith, currently residing at 831 Ohio Avenue, Lemoyne, Cumberland County, Pennsylvania. He is married but separated. 9. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides only with the children. 10. The relationship of Defendant to the children is that of Father. The Defendant currently resides alone. 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the children. 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Plaintiff is requesting shared legal and primary physical custody of the children. 14. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) Plaintiff has been the primary caregiver for the children from the time of their birth to the present; (b) Plaintiff has taken on greater role in the children and their activities; (c) Defendant has typically been a less reliable caregiver and custodian for the children; (d) Plaintiff is able to provide a more stable and safe home and emotional environment for the children; and (e) Plaintiff has the facilities to provide for the care, comfort and control of the Child, as well as the intention and desire to do so. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court award Plaintiff shared legal and primary physical custody of the children. Dated: /p /a G?/" 7 Respectfully Submitted, KOPE & ASSOCIATES, LLC By: Esq. VERIFICATION I, Christine Smith, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Dated: ?rJ Christine Smith - ;: 'TI C.0 t CHRISTINE SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-6344 CIVIL ACTION LAW JEFFREY R. SMITH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 01, 2007 , 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 Tuesday, December 04, 2007 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. .10 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 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 !beam _kopelaw.com CHRISTINE SMITH, Plaintiff, vs. JEFFREY R. SMITH, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 2007-6344 CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, this,th day of 2007, it is STIPULATED and AGREED by and between the parties, Christine Smith ("Mother"), and Jeffrey R. Smith ("Father), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor children Codi Smith, born August 2, 1998, and Joshua Smith, born November 2, 2003, (hereinafter the "Children") shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that Mother and Father will have shared legal custody of the Children. The parties agree that major decisions concerning the Children, including, but not limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Children. 1 Each party agrees not to attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning their Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. 2. Primary Physical Custody: Primary physical custody of the Children shall be with the Mother. 3. Partial Physical Custody: Father shall have partial physical custody of the Children in accordance with the following schedule: a. Father shall have custody of the Children every other weekend from Friday at 6:00 p.m. until Sunday at 5 p.m., said weekend commencing Friday, November 30, 2007 until Sunday, December 2, 2007, and every other weekend henceforth. b. Summer: The parties agree that each party will have the right to uninterrupted custodial time with the Children each summer. Such time 2 will be determined by agreement of the parties, and with advanced written notice to the other party. c. Holidays: Father and Mother agree to share and/or split custody of the Children on all holidays. Custodial time over these holidays will be divided by agreement of the parties. d. Mother's Day and Father's Day: Mother will always have custody of the Children on Mother's Day. Father will always have custody of the Children on Father's Day. Times for these custodial periods will be determined by agreement of the parties. e. Additional time: Mother and Father may make agreements for additional times of custody, and/or altered times of custody. These agreements shall not modify the custody schedule. f. Holiday time: Holiday time shall take priority over regular custodial time; once the Holiday time has ended, the parties shall return to their normal custodial schedule. 4. Transportation: Mother and Father shall share responsibility for the transportation for the Children. In the absence of agreement, the party receiving custody shall pick up the Children from the other party's home. 5. Parents should provide one another with a phone number and address where the Children may be contacted, whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 3 6. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 7. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the Children which shall not be excessive. Unless there are exigent circumstances, reasonable telephone contact means no more than one telephone call per day. 8. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the Children from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Children and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the Children whether the Children are sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Children to provide reports about the other parent. Communication should always take place directly between parents, without using the Children as an intermediary. 9. The parties agree that this Stipulation shall be submitted to the appropriate Court for entry as an Order. 4 10. Applicable Laws: Any provision in this Agreement regarding children custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 11. Modification: The provision of this Paragraph shall be modified according to applicable law. 12. UCCJEA and PKPA: Should it become necessary for the parties to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at either party's option, in accordance with the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S.A. §§ 5400-5482 ("UCCJEA") and the United States Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for either party to apply to any court for enforcement of the custody obligations provided for in this Agreement, each party hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA, and he or she will not oppose an application being brought pursuant to these statutes. KOPE & ASSOCIATES 4660 Trindle Road, Suite 201 Camp 11, PA 17102 Tele ne {7 7) 761-7573 ley j Boam, Esquire ?rn for Plaintiff Christine Smith 27 Audubon Park Diilsburg, PA 17019 aintiff 5 Sworn to or affirmed and acknowledged before me by Jeffrey R. Smith on IUwe"r' .0 1, 2007 P PENNSYLVANIA Notarial Seal Jay M. Zimmerman, Notary Public Upper Allen Twp., Cumberland County My Commission Expires Mar. 16, 2010 Member, Pennsylvania Association of Notaries 6 Lemoyne, PA 17043 1j-;R•Bn Jeffrey R. Smith 831 Ohio Avenue ?7 - + KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeame-kopelaw.com Attorney for Plaintiff 1 CHRISTINE SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA - vs. JEFFREY R. SMITH, CIVIL ACTION - LAW Defendant. IN DIVORCE ACCEPTANCE OF SERVICE I, Jeffrey R. Smith, Defendant in the above-captioned matter, hereby service of the Complaint in Divorce. Date: L(` 30_ 0-7 V-.1 Sri -n t Irons ` _ ei:y DEC 0 42007e'1 `1 CHRISTINE SMITH, Plaintiff, vs. JEFFREY R. SMITH, Defendant. AND NOW, this L" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. gco-? -Ce 3gq CIVIL ACTION - LAW IN CUSTODY ORDER day of '1>.,-.-;L- 2007, the attached Stipulation signed by the above captioned parties is approved and entered as an Order of the Court. BY THE COURT: 7 1?? i ± P I ?Ooz ,t 2-3. J0 _ DEC 0 7 2007 Q? CHRISTINE SMITH vs JEFFREY R. SMITH Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6344 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 3rd day of December, 2007, the conciliator, being advised by plaintiff s counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for December 4, 2007, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam kopelaw.com CHRISTINE SMITH, Plaintiff, vs. JEFFREY R. SMITH, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-6344 CIVIL ACTION - LAW IN DIVORCE MOTION FOR ORDER TO COMPEL ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS BY DEFENDANT Plaintiff, Christine Smith (hereinafter "Plaintiff") by her undersigned attorney, moves this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Defendant, Jeffrey R. Smith, (hereinafter "Defendant") to answer Plaintiff's Interrogatories and to respond to Plaintiffs Request for Production of Documents, and in support of said motion states as follows: 1. On March 4, 2008, counsel for Plaintiff served the Defendant directly, as he is not represented by counsel, with Plaintiffs First Set of Interrogatories and Production of Documents addressed to Defendant. 2. It is well past thirty (30) days after service as is required by the Rules of Civil Procedure and the Defendant has not supplied any answers or produced any documentation that has been requested. 3. The Plaintiff cannot obtain a clear picture of the marital assets, specifically any pension and 401(k) information -that will be needed to proceed with a Divorce Master's Hearing without the Defendant providing the most current and complete information. 4. No Argument is requested on this motion. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to respond fully to Plaintiff's outstanding interrogatories and to produce all requested documents within ten (10) days of the date of said Order, under penalty of further sanctions pursuant to Pa.R.C.P. 4019. Respectfully Submitted, & ASSOCIATES, LLC Dated: 44 i /- 1/1') (? Beam, Esquire 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 Attorney for Plaintiff CHRISTINE SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 2007-6344 JEFFREY R. SMITH, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire do hereby certify that on this 7t' day of April, 2007, 1 served a true and correct copy of the foregoing Motion for Order to Compel Answers to Interrogatories and Requests for Production of Documents via regular U.S. First Class mail, postage prepaid, addressed as follows: Jeffrey R. Smith 831 Ohio Avenue Lemoyne, PA 17043 KOPE & AS CIATES, LLC "" k , B . L Lesleg,,V. 1306m, Esq. I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 0 c ' i* CHRISTINE SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JEFFREY R. SMITH, Defendant NO. 07-6344 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of April, 2008, upon consideration of Plaintiff's Motion for Order To Compel Answers to Interrogatories and Requests for Production of Documents by Defendant, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Wesley Oldf, Jr`., ? Lesley J. Beam, Esq. 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Plaintiff ? Jeffrey R. Smith 831 Ohio Avenue Lemoyne, PA 17043 Defendant, pro Se :rc ecrES matl? y//k/o8 VINVAIASNIVId i f _ T?k?t? iL q q • 1 Wd ' 1 888 6001 AMOIN'iliodd 3RI dO 30L.4&-CMIJ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam c(D.kopelaw.com Attorney for Plaintiff CHRISTINE SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 2007-6344 JEFFREY R. SMITH, CIVIL ACTION - LAW Defendant. IN DIVORCE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please enter the Plaintiffs voluntary discontinuance of the within action pursuant to Pennsylvania Rule of Civil Procedure 229. Respectfully Submitted, KOPEA ASSOCIATES Date: `l m, Esq. f? VERIFICATION I, Christine Smith, the Plaintiff in this matter, have read the foregoing Praecipe to Discontinue. I verify that the statements made in this Praecipe are true and correct and based upon my desire to reconcile with Defendant. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: b y '? Christine Smith 77 =1r C-r C , C _