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HomeMy WebLinkAbout03-5477Melissa E. Smith, VS. Darren D. Rader, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Defendant, Civil Action Law No. Custody NOTICE 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 Order of Court for Custody 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 fights important to you, including custody or visitation of your children. YOU SHOULD TAKE 'THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA Only) or (717) 238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Melissa E. Smith, ) Civil Action Law Plaintiff; ) ) vs. ) No. ) Darren D. Rader, ) Defendant, ) Custody COMPLAINT FOR CUSTODY 1. The Plaintiff is Melissa E. Smith (natural Mother) residing at 30 SME, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Darren D. Rader (natural Father) residing at 12123 Heather Drive, Hagerstown, Washington County, Maryland 21740. 3. Plaintiff seeks custody of the following child: Nalne Kayla Delaney Rader Address 30 SME Shippensburg, PA 17257 Age 6 years old (DOB: 3/12/97) The child was born out of wedlock. The child is presently in the custody of Melissa E. Smith (natural Mother), currently residing at 30 SME, Shippensburg, Cumberland County, Pennsylvania 17257. During the past five years the child has resided with the following persons and at the following addresses: Name Melissa E. Smith, Miriam Smith (maternal grandmother) Address 65 Fox Hill Road Shippensburg, PA 17257 Date 1998 - 5/02 Melissa E. Smith 30 SME 5/02 - present Scott D. Whited (boyfriend) Shippensburg, PA 17257 The mother of the child is Melissa E. Smith of 30 SME, Shippensburg, Cumberland County, Pennsylvania 17257. She is single. The father of the child is Darren D. Rader of 12123 Heather Drive, Hagerstown, Washington County, Maryland 21740. He is single. 4. The relationship of Plaintiff to the child is that of natural Mother. The Plaintiff currently resides with the following persons: Name Kayla Delaney Rader Scott D. Whited Relationship daughter boyfriend 5. The relationship of Defendant to the child is that of natural Father. The Defendant currently resides with the following persons: Name Relationshio Richard Baker friend name unknown friend 6. Plaintiff} Melissa E. Smith, is represented by Lynn Y. MacBride, Esquire with regard to this matter. matter. Defendant is represented by Catherine A. Drummond, Esquire with regard to this 8. Defendant initiated a Complaint for Custody by filing a Custody Complaint on or about March 19, 2003 in the Circuit Court for Washington County, Maryland. Melissa E. Smith, Defendant in the Maryland action, hired an attorney to represent her in the action. However, said attorney was not licensed in the State of Maryland and filed no paperwork on Melissa Smith's behalf. A Default Order was entered against Melissa Smith, a copy of said Default Order is attached hereto, incorporated herein, and marked Exhibit "A." Melissa Smith subsequently hired a Maryland attorney and a Motion to Vacate Order for Default was filed by her attorney resulting in a June 19, 2003 Order of Court vacating the Order of Default. Said Order of Court of June 19, 2003 and attached Motion to Vacate Order of Default is attached hereto, incorporated herein and marked Exhibit "B." Plaintiffhas no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiffdoes not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation tights with respect to the child. 9. The best interests and permanent welfare of the child will be served by granting the relief requested because Plaintiff is better able and willing to provide for the child's needs at this point in time and specifically: a. The parties have reached a custody agreement which is contemporaneously filed with this Honorable Court. 10. Each parent whose parental tights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a tight to custody or visitation of the child will be given notice of the pendency of this action and right to intervene: NONE WHEREFORE, Plaintiff requests this Honorable Court to schedule Custody Conciliation Conference followed by a heating at which time she should be granted shared physical custody of the children. BARLEY, SNYDER, SENFT &COHEN, LLC By: Esquire, Attorney for Plaintiff I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: 1187464 Attorney for Plaintiff CIRCUIT COtIRT FOR WASHINGTON COUNTY Dennis J. Weaver Clerk of the, Circuit Court P.O. Box 229 95 W. Washington Street Hagerstown, MD 21741-0229 (301)-733-8660, TTY for Deaf: (301)-791-2632 Civ~1(301)790-4972 Criminal(301)790-7941 O T I C E O F D E F A U L T O R D E R Case Number: aren D Rader vs Metissa E Smith CIVIL Daren D Rader 12123 Heather Drive Hagerstown, MD 21740- 2t-C-03-016393 VS Melissa E Smith 30 SME Shippensburg, PA 17257- To: Melissa E Smith erve On: 30 SME Shippensburg, PA 17257 You are hereby notified that an Order of Default has been entered against ou in the above entitled case on 05/06/03. You may move to vacate the Order of Default within (30) Days of the date of ntry. The motion shall state the reasons for the failure to plead and the egal and factual basis for the defense to the claim. Clerk to issue Rule 2-613(~otice to defendant. ~ ,ate Mailed: 05/07/03 /~~~~ Dennis J. W~ver Clerk of the Circuit Court IN THE CIRCUIT cOURT FOR WASHINGTON COUNTY, MARYLAND DARREN D. RADER, Plaintiff, VS. CASE NO.: 21-C-03-016393 MELISSA E. SMITH, Defendant ORDER OF COURT AND NOW, thist (-'1.-.,-- J~[ t.._ ~ay of '~t.-~FS_ ,2003, the within Motion to Vacate Order of Default having been read, considered, and ordered to be filed; IT IS HEtUEBY ORDERED that the Order of Default entered in the above- c:iptioned matter on May 6, 2003 shall be vacated and the Defendant shall have { days from the date of this Order to file an Answer to Complaint and/or a Motion to Dismiss for Lack of Jurisdiction. By the Court, IN THE CIRCUIT COURT FOR WASHINGTON COUNTY, MARYLAND DARREN D. RADER, Plaintiff, VS. CASE NO.: 21-C-03-016393 MEEISSA E. SS, IITH, Defendant MOTION TO VACATE ORDER OF DEF~,ULT ANT) NOW' CONIES. the Defendant. Me[issa E. Smith. by and through her attorney. James K. Reed. Esquire. xvho respectfully represents the following: I That an Order of Default was entered against the Det'endant in the above-captioned matter on tX,lay 6, 2003 for failure to tile an Answer to Complaint xvithin 30 days or- the date of:service. 2. That after being served the Summons and Complaint. the Defendant contacted an attorney in Carlisle, Pennsylvania and retained his serv-iCeS to pursue custody and, or visitation irt Pennsylvania. Said attorney xvas not licensed to practice lax,. in the State of Maryland and did not file an Answer to Plaintif£s CompIaint. 3. That upon receiving the Notice of Defaulk the Defendant contacted your undersigned attorney to represent her in this matter in the State of Maryland. 4. That this matter involves the custody ofKayla Delaney Rader. born March 12, I997 Plaintiff anti Defendant are the natural parents of said child. That Kayla Delaney Rader has been in the pr/mary physical custody of the Defendant and has re~'fided in the Commonwealth of Permsylvania for the last four (4) years. That Maryland has no jtmsdiction to hear this matter pursuant to the provisions of the Uniform Child Custody Jurisdiction Act. Md. Code Ann., Family Law Article. Section 9-204. That there m-e no significant contacts in the State of Maryland to confer jurisdiction. That the Order of Default should be vacated and the Defendant should be provided the opportunity to challenge thejuhsdiction or'this court to Inear this matter. WHEREFORE. the Defendant. Melissa E. Smith respectt'ully requests tine tbllowing relief: A. That the Order of Det'ault be ~acated: B. That the Det'endant be granted rime to file an .4.nswer to Complaint and Mot/on to Dismiss for Lac!~ or-Jurisdiction: C, That the Plaintiff be ordered to pay Detkndant's reasonable attorney tees and costs of suit: and. D. For such other and further relief as tine nature of Defendant's cause max require. ~~u/lly submitted,.~,-7 //~ames K. Reed, Esquire Attorney for Defendant II01 Opal Court Hagerstown. Maryland 21740 (301) 714-1141 I HEREBY SWEAR AND AFFIRM UN'DER THE PENALTIES OF PERJURY THAT THE STATEMENTS MADE I'N TIdE FOREGOING MOTION TO VACATE ORDER OF DEFAULT ARE TRUE AND CORRECT TO THE BEST OF MY INFORMATION, KNOWLEDGE, AND BELIEF. 9// - /,7 MehssaE. Smith. - Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the fore?ing Motion was served upon Plaintiff's counsel. Cathenne ,Arm Drummond. Esquire. by First Class Mail. postage pre paid. to 2I Summit Avenue, Hagerstown. Maryland 21740 this 27'~ day of May 2003 ,-~mes K. Re~d. Esquire u/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA E. SMITH, ) Civil Action - Law Plaintiff, ) ) vs. ) ) DARREN D. RADER, ) Defendant, ) Custody STIPULATION AND AGREEMENT This Stipulation and Agreement is made this j tyk dayof /~6t.~g~x ,2003, byand between Melissa E. Smith of 30 SME, Shippensburg, Cumberland County, Pennsylvania, 17257 hereinafter referred to as "Melissa" and Darren D. Rader of 12123 Heather Drive, Hagerstown, Washington County, Maryland, hereinafter referred to as "Darren." 1. Melissa and Darren are the natural parents of Kayla Delaney Rader, born March 12, 1997, hereinafter referred to as "the Child." 2. Melissa and Darren were not married at the time of the birth of the Child. 3. None of the parties know of any person not a party to the proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 4. Darren initiated a Complaint for Custody by filing a Custody Complaint on or about March 19, 2003 in the Circuit Court for Washington County, Maryland. A copy of said Complaint for Custody is attached ihereto, incorporated herein and marked Exhibit "A." Melissa, Defendant in the Maryland action, hired an attorney to represent her in the action. However, said attorney was not licensed in the State of Maryland and filed no paperwork on Melissa Smith's behalf. A default Order was entered against Melissa Smith and a copy of said default Order is attached hereto, incorporated herein and marked Exhibit "B." Melissa Smith subsequently hired a Maryland attorney and a Motion to Vacate Order of Default was filed by her attorney resulting in a June 19, 2003 Order of Court vacating the Order of Default. Said Order of Court of June 19, 2003 and attached Motion to Vacate Order of Default are attached hereto, incorporated herein and marked Exhibit "C." 5. Defendant/Darren acknowledges that jurisdiction in this matter would be Cumberland County Court in the Commonwealth of Pennsylvania and has agreed to withdraw the Maryland action. 6. During the last five years, the Child has resided with the following persons and at the following addresses: Name Melissa Smith and Darren Rader Address 12123 Heather Drive Hagerstown, MD Date 9/98- 1/99 Trin Tach and Ms. Tach's family Tavemy Drive Gaithersburg, MD 1/99 - 6/99 Melissa Smith and Miriam Smith (maternal grandmother) 65 Fox Hill Road Shippensburg, Pennsylvania 6/99 - 5/02 Melissa Smith and Scott D. Whited 30 SME Shippensburg, Pennsylvania 5/02 - Present 7. Plaintiff, Melissa, is represented by Lynn Y. MacBride, Esquire with regard to this matter. 8. Defendant, Darren, is represented by Catherine A. Drummond, Esquire with regard to this matter. It is noted that Attorney Drummond practices in Hagerstown, Maryland, and is licensed to practice in the Commonwealth of Pennsylvania. Ms. Drummond represents Darren for the limited purpose of negotiating this agreement. 9. The parties have reached an agreement with regard to the custody of the Child and desire to reduce their agreement to an Order of Court. NOW THEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed hereby stipulate and agree that the Court may enter the following Order of Court in the above-captioned case: ORDER OF COURT NOW, ,2003, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Melissa E. Smith ("Melissa') and Darren D. Rader ("Darren") shall have shared legal custody of their minor Child, Kayla Delaney Rader, bom March 12, 1997 ("the Child"). 2. Melissa shall have primary physical custody of the Child. 2 3. Darren shall have partial physical custody of the Child every other weekend from Friday at 7:00 p.m. until Sunday at 5:00 p.m. 4. The parties shall share transportation such that at the beginning of Darren's periods of custody, the parties shall meet at the Shippensburg Sheetz Store and at the end of Darren's periods of custody, Melissa shall pick up the Child at Darren's home or at another agreed upon location near Darren's home. 5. Each party shall be entitled to two (2) weeks of consecutive custody for the purposes of summer vacation. Said vacation period shall be for a period of fourteen (14) days. The vacation period shall not be "tacked on" to a party's weekend custody, but shall include that party's weekend custody period. Each party shall notify the other on or before April 15 as to their chosen vacation weeks. In the event of a conflict in the vacation schedules, Darren's schedule shall prevail in odd numbered years and Melissa's schedule shall prevail in even numbered years. For the Summer of 2003, Darren shall exercise his vacation custody from July 25 through August 8. 6. Holiday custody shall be alternated by the parties for the following holidays: New Years, Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. In odd numbered years, Darren shall exercise holiday custody for New Years, Memorial Day and Labor Day and Melissa shall exercise custody/hr Easter, Independence Day and Thanksgiving. In even numbered years, these holidays shall be reversed. Holiday custody on these days shall be from 9:00 a.m. until 5:00 p.m. 7. The Christmas holiday shall be shared by the parties by dividing the holiday into two (2) parts. Part A shall begin at 7:00 p.m. on December 23 and end at 2:00 p.m. on December 25. Part B shall begin at 2:00 p.m. on December 25 and end at 7:00 p.m. December 27. In odd numbered years, Darren shall exercise Christmas custody for Part A and Melissa shall exercise Christmas custody for Part B. In even numbered years, this custody schedule shall be reversed. 8. In the event of a Monday holiday, the party with custody of the Child on the preceding weekend shall maintain custody of the Child overnight on Sunday night. 9. Holiday and vacation custody shall take precedence over regularly scheduled custody periods. 10. Darren shall have additional periods of partial custody as the parties may from time to time mutually agree. 3 11. The non-custodial parent may telephone the Child up to three (3) times per week when the Child is in the custody of the other parent. Further, in the event of an emergency, or to discuss issues regarding the Child, the non-custodial parent may contact the other parent as needed. The Child shall have unhampered telephone access to contact the non-custodial parent as she desires. Neither parent shall use telephone calls to the Child as a way of obtaining access to or harassing the other parent. 12. Melissa shall inform Darren of the name, address and telephone number of the school where the Child attends. It is the intention of the parties sharing legal custody that Darren shall be free to access the school and obtain information directly from the school with regard to conferences, school plays, school activities, report cards, etc. With regard to non-school related activities, Melissa shall provide information regarding the activity to Darren. 13. Each parent shall provide to the other their home address and telephone number. 14. Melissa shall inform Darren as to the names and addresses of the Child's doctors, dentists, etc. and shall provide notification to Darren of regularly scheduled appointments. In the event of an emergency appointment, Melissa shall provide notice to Darren as soon as possible. 15. The parties shall exert every reasonable effbrt to maintain free access and unhampered contact between the Child and each of the parties and to foster a feeling of affection between the minor Child and the other party. Neither party shall do anything that may estrange the minor Child from the other party, or injure the opinion of the minor Child as to her Mother or Father, or which may hamper the free and natural development of the minor Child's love and respect for the other party. Each party shall specifically agree that they will not disparage the other or discourage contact with the other in front of the minor Child and will ensure that family members abide by the same. 16. While exercising custody of the Child, neither parent shall use illegal drugs or alcohol. By the Court 4 The parties further agree that, in procuring this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below. Darren D. Rader I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworu falsification to authorities. ~dissa~. Smith I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworu falsification to authorities. 1196228 Darren D. Rader 5 IN THE CIRCUIT COURT FOR WASHINGTON COUNTY, MARYLAND DARREN D. RADER 12123 Heather Drive Hagerstown, MD 21740 Plaintiff MELISSA E. SMITH 30 SME Shippensburg, PA 17257 Defendant CASE NO. 21-C-03- COMPLAINT FOR CUSTODY, VISITATION, AND OTHER RELIEF DARREN D. RADER, Plaintiff, by Catherine A. Drummond, his attorney, flies this Complaint for Custody, Visitation, and Other Relief and in support thereof states as follows: I. 2. 3. 4. Plaintiff is a resident of Washington County, Maryland. Defendant is a resident of Pennsylvania. The parties are not now or have they ever been married to each other. The part/es have one child, namely, KAYLA DELANEY RADER, bom March 12, 1997 (hereinafter the "Child"). 5, Defendant has begun child support proceedings in this Court through the Washington County Department of Social Services, case number 21-C-02-15657. This case is still pending. Said case is for child support only and not custody or visitation. Orders have yet been entered. Plaintiffhas provided r,gular support for~ffi~ Gll~ld..q /D 3:03 6. The Child is now in the care and custody of Defendant. (~; :: ', ':~ : -, · : ·, ~_ :~i i5 1 Exhibit "A" 7. Defendant has refused to tell Plaintiff even basic information concerning the Child. Defendant has refused to tell PIaintiffwhere the Child goes to school or keep him informed of the Child's progress in school. Defendant has refused to tell the Plaintiff where she and the Child live. Defendant refuses to allow Plaintiff to come to her home or to pickup the child for visitation. Defendant refuses to allow reasonable telephone contact between Plaintiffand the Child. 8. Defendant's behavior is a deliberate attempt to interfere with Plaintiff's father/daughter relationship with the Child. 9. Defendant's behavior as set forth herein is not in the best interests of the Child. 10. Defendant has had boyfriends of questionable character. Plaintiff is concerned about the Child being around Defendant's boyfriends. It is believed and therefore averred that Defendant's current boyfriend resides with her and the Child. 1 I. Due to Defendant's behavior, Plaintiff is unable to assess whether or not Defendant is really a fit and proper person to have custody. Further, Plaintiff is unable to observe and assess Plaintiff's home and living conditions. Plaintiff is a fit and proper person to have custody of the Child. 12. It is believed and therefore averred that Defendant may be trying to keep Plaintiff from her home because her home, or those living there, constitute an inappropriate environment for the Child. 13. Plaintiff does have some visitation with the Child but visitation times have been controlled by and at the whim of Defendant. Defendant, without good cause or reason, has on several occasions refused to give Plaintiffhis visitation. 2 WHEREFORE, Plaintiff respectfully requests the following relief: A. That Plaintiff be awarded sole legal and physical custody of the Child, both pendente Rte and permanent. B. That, in the alternative, if it is found that Defendant is a fit and proper person to have custody of the Child and has appropriate living arrangements, that she be granted physical custody of the Child subject to the right and privilege of Plaintiff to have visitation and that the parties have joint legal custody. C. That this Court order Defendant to pay counsel fees for Plaintiff and the cost of these proceedings. D. That, once custody is established, visitation with the Child be awarded to the non-custodial parent on a schedule as is in the best interests of the Child. E. If custody is awarded to Plaintiff, that Defendant be ordered to pay child support pursuant to the Maryland Child Support Guidelines, both pendente lite and permanent. F. That the current child support case be put on hold pending the resolution of the custody issue. G. That, if it be in the interests of justice, this case be consolidated with the current child support case. H. That the parties be ordered to equally divide any uninsured medical expenses for the Child. I. For such other and further relief as the nature of this cause may require. Darken D. Plaintiff Catherihfi A. Drummond Attorney for Plaintiff 21 Summit Avenue Hagerstown, MD 21740 Telephone: 301-791-1490 RULE 9-202¢b) AFFIDAVIT I DO SOLEMNLY DECLARE AND AFFIRM, under the penalties ofpeoury that the matters and facts contained hereinbelow are true to the best of my knowledge, information, and belief: 1. The Child's address is 30 SME, Shippensburg, PA 17257. 2. Undersigned has not participated as a party, witness, or in any other capacity in any other litigation concerning the custody of the same child in this or any other State. 3. Undersigned has no information of any other custody proceeding concerning the Child pending in a Court in this or any other State. 4. Undersigned does not know of any person not a party to the proceeding that has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. en D. RadeY Plaintiff 4 TI'vIE ESTEdATE FOR A MERITS hours CASE NL.rM B ER: days ! TI~I:E E. ST~tATE FOR HEARING OTHER THAN A MElllT$ H:EARING: __ (',::rthe,.',.o J').,. ,~ n.,o,', d days WASMINGTON COUNTY ONLY: No hearing/trial date will be scheduled until a written request is made to the Assignment Clerk Circuit Court for CIVIL--DOMESTIC CASE INFORMATION REPORT D~rect:oru: Plaintiff.. This Information Report must be completed and attached to the complaint filed with the Clerk of Cout unless your case ts ezempted from the requirement by the Chief Judge of the Court of Appeab pursuant to Rule 2- I I 1. A copy must be included for each defe,dnn:l t~ be Defendant: You must file an Information Report a~ required by Rule 2-323(h). THIS INFORMATION REPORT CANNOT BE ACCEPTED AS AN ANSWER OR RESPONSE. FORM Ftl I:D B Y: ,~ PLAL~ l 1~-? ~ DEFENDANT CASE NUNIBER: P~CSAVrO~VS~: c~herin© ~ru~mm~zC( ~uo~:~ 30~ 7ql-lqq(~ A~O~r~¥S,mt~SS: ~4)1 ~mmi ~ ~ I ~ not ~p~n~ by ~ anomey Rfc! ATED CASE P~'/DING7 ~] Yes j~ No ff yes. Court and Ca.z [$1~:L~ Requiremetlts? ~-~ LnterptetertcommtmJcafiou irapairmeut ~] Other ADA accommodation: -Ha~ Alternative Dispute Resolution (DR): been ~%d? U Yes ~2~ No ff yes. speciS/: LS Tlq]~ CASE CON [f~TED ? ~Yes ff yes. which issues appear to be contested? Child custody ~Visitation Ground for divo~.e ~ Child support ~ Alimony: ~ Pem~tnent ~ Rehabilitative ~ Use and i~ssession of family h~me and property ~J Marital pmperty issues hvolving: ~] 0 ~he~. ~:] Adoption/t~ttmirm/iou of parents/r/ght~ ~ Other. Request is rnad~ for:. ~[nifial o~ttr ~] Modification ~}Contempt ~ Absolute Divonre For noa-custody/vlsitado~ issues, do you intend to requ~t: ~] lnitiM conference with the Court For cu~Wd¥tvisitafiou issues, do you intend to request: ~} Mediation by a privat~ mediator ~ Evaluation by mental hca/th professional '~] Other evaluation Limited Divorce Mediation by a Court-spomored ~ettlement pwgnam Othec ~J Appointment of counsel to r~present child {not just {o wai ye psychiatric privilege) ~] A conference with ~ Co~ Is them an allegation of physical or sexual abuse of pan'y or child? /~ Yes /,~ No CIRCUIT COURT FOR WASHINGTON COUNTY Dennis ~. Weaver Clerk of the Circuit Court P.O. Box 229 95 W. Washington Street Hagerstown, MD 21741-0229 (301)-733-8660, TTY for Deaf: (301)-791-2632 Civi1(301)790-4972 Criminal(301)790-7941 OT I CE 0 F DEFAULT ORDER Case Number: aren D Rader vs Melissa E Smith CIVIL Daren D Rader 12123 Heather Drive Hagerstown, MD 21740- 21-C-03-016393 VS Melissa E Smith 30 SME Shippensburg, PA 17257- To: Metissa E Smit]h erve On: 30 SME Shippensburg, PA 17257 You are hereby notified that an Order of Default has been entered against ou in the above entitled case on 05/06/03. You may move to vacate the Order of Default within (30) Days of the date of ntry. The motion shall state the reasons for the failure to plead and the egal and factual basis for the defense to the claim. Clerk to issue Rule 2-613{~otice to defendant. ~ ,ate Mailed: 05/07/03 ~Y~ Dennis J. ~'aver Clerk of the Circuit Court Exhibit "B" IN THE CIRCUIT COURT FOR WASHINGTON COUNTY, MARYLAND DARREN D. RADER, Plaintiff, VS. CASE NO.: 21-C-03-016393 MELISSA E. SMITH, Defendant ORDER OF COURT AND NOW, this y of ,.J ~' ~ ~ ,2003, the within Motion to Vacate Order of Default having been read, considered, and ordered to be filed; IT IS HERJEBY ORDERED that the Order of Default entered in the above- captioned matter on May 6, 2003 shall be vacated and the Defendant shall have [ days from the date of this Order to file an Answer to Complaint and/or a Motion to Dismiss for Lack of Jurisdiction. By the Court, Exhibit "C" IN THE CIRCUIT COURT FOR WASHINGTON COUNTY, [VIARYLAND i! DARREN D. RADER, Plaintiff, VS. CASE NO.: 21-C-03-016393 MELISSA E. S~IITH, Defendant }lOTION TO VACATE ORDER OF DEF&ULT ,AND NOW CONIES. the Defendant. Me!issa E, Smith. by and through her attorney. James K. Reed. Esquire. xvho respectfully represents the t'ollo,,ving: I That an Order of Default was entered against the Defendant in the above-captioned matter on May 6. 2003 for failure to fiie an .knswer to Complaint within 30 davs the date of service. 2. That after being se,wed the Summons and Complaint. the Defendant contacted an attorney in Carlisle. Permsylvania and retained his services to pursue custody and, or visitation in Pennsylvania. Said attorney was not licensed to practice law in the State of Maryland and did not file an Aris:vet to Plaintiff's Complaint. That upon receiving the Notice of Defaulk the Defendant contacted your undersigned attorney to represent her in this matter in the State of Maryland. That this matter involves the custody of Kayla De!aney Rader. born March 12. 1997 Plaintiff and Defendant are the natural parents of said child. That Kayla Delaney Rader has been in the primary physical custody of the Defendant and has resided in the Commonwealth of Permsytvania for the last four (4) years. That Maryland has no jurisdiction to hear this matter pursuant to the provisions of the Uniform Child Custody Jurisdiction Act. Md. Code Ann.. Family Law Article. Section 9-204. 7. That there are no significant contacts in the State of Maryland to confer jurisdiction. That the Order of Default should be vacated and the Defendant should be provided the opportunity to challenge thejuhsdiction or'this court to hear this matter. WHEREFORE. the Defendant. Melissa E. Smith respectfully requests the tbllowing relief: A. That the Order of Default be vacated: That the Defendant be granted time to tile an Answer to Complaint and Motion to Dismiss for Lack or'Jurisdiction: C. That the PlaintilTbe ordered to pay Defendant's reasonable attorney tees and costs of suit: and. D For such other and further rdiefas the nature of Defendant's cause may require. ..~e~WlM//llv submitted.~-7 /~ames K. Reed. Esquire Attorney for Defendant 1101 Opal Court Hagerstown. Maryland 21740 (301) 714-I 14I I HEREBY SWEAR AND AFFIRM UNDER THE PENALTIES OF PER_FURY THAT THE STATEMENTS MADE 1N THE FOREGOING MOTION TO VACATE ORDER OF DEFAULT ARE TRUE AND CORRECT TO THE BEST OF MY INFORMATION, KNOWLEDGE, AND BELi'EF. Defendant CERTIFICATE OF SERVICE I HERETB¥ CERTIFY that a copy of the fore3oing Motion ~vas served upon Plaintif£s counsel. Catherine ,Ann Drummond. Esquire. by First Class Mail, postage pre- paid. to 2I Summit Avenue, Hagerstown. Maryland 21740 this 27'h day of.May 2005. ,-~%ames K. Reed. Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA E. SMITH, VS. DARREN D. RADER, ) Civil Action - Law Plaintiff, ) ) ) No. 05- ) ) Defendant, ) Custody ORDER OF COURT NOW, ~?--~. ,2003, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Melissa E. Smith ("Melissa") and Darren D. Rader ("Darren") shall have shared legal custody of their minor Child, Kayla Delaney Rader, born March 12, 1997 ("the Child"). 2. Melissa shall have primary physical custody of the Child. 3. Darren shall have partial physical custody of the Child every other weekend from Friday at 7:00 p.m. until Sunday at 5:00 p.m. 4. The parties shall share transportation such that at the beginning of Darren's periods of custody, the parties shall meet at the Shippensburg Sheetz Store and at the end of Darren's periods of custody, Melissa shall p ck up the Child at Darren s home or at another agreed upon location near Darren's home. 5. Each party shall be entitled to two (2) weeks of consecutive custody for the purposes of summer vacation. Said vacation period shall be for a period of fourteen (14) days. The vacation period shall not be "tacked on" to a party's weekend custody, but shall include that party's weekend custody period. Each party shall notify the other on or before April 15 as to their chosen vacation weeks. In the event of a conflict in the vacation schedules, Darren's schedule shall prevail in odd numbered years and Melissa's schedule shall prevail in even nurnbered years. For the Summer of 2003, Darren shall exercise his vacation custody from July 25 tkrough August 8. 6. Holiday custody shall be alternated by the parties for the following holidays: New Years, Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. In odd numbered years, Darren shall exercise holiday custody for New Years, Memorial Day and Labor Day and Melissa shall exercise custody for Easter, Independence Day and Thanksgiving. In even numbered years, these holidays shall be reversed. Holiday custody on these days shall be from 9:00 a.m. until 5:00 p.m. Cont'd Melissa E. Smith v. Darren D. Rader Page 2 7. The Christmas holiday shall be shared by the parties by dividing the holiday into txvo (2) parts. Part A shall begin at 7:00 p.m. on December 23 and end at 2:00 p.m. on December 25. Part B shall begin at 2:00 p.m. on December 25 and end at 7:00 p.m. Dec:ember 27. In odd numbered years, Darren shall exercise Christmas custody for Part A and Melissa shall exercise Christmas custody for Part B. In even numbered years, this custody schedule shall be reversed. 8. In the event ora Monday holiday, the party with custody of the Child on the preceding weekend shall maintain custody of the Child overnight on Sunday night. 9. Holiday and vacation custody shall take precedence over regularly scheduled custody periods. 10. Darren shall have additional periods of partial custody as the parties may from time to time mutually agree. 11. The non-custodial parent may telephone the Child up, to three (3) times per week when the Child is in the custody of the other parent. Further, in the ewent of an emergency, or to discuss issues regarding the Child, the non-custodial parent may contact the other parent as needed. The Child shall have unhampered telephone access to contact the non-custodial parent as she desires. Neither parent shall use telephone calls to the Child as a way of obtaining access to or harassing the other parent. 12. Melissa shall inform Darren of the name, address and telephone number of the school where the Child attends. It is the intention of the parties sharing legal custody that Darren shall he free to access the school and obtain information directly from the school with regard to conferences, school plays, school activities, report cards, etc. With regard to non-school related activities, Melissa shall provide information regarding the activity to Darren. 13. Each parent shall provide to the other their home address and telephone number. 14. Melissa shall inform Darren as to the names and addresses of the Child's doctors, dentists, etc. and shall provide notification to Darren of regularly scheduled appointments. In the event of an emergency appointment, Melissa shall provide notice to Darren as soon as possible. 15. The parties shall exert every reasonable effort to maintain free access and unhampered contact between the Child and each of the parties and to foster a feeling of affection between the minor Child and the other party. Neither party shall do anything that may estrange the minor Child Cont'd Melissa E. Smith v. Darren D. Rader Page 3 from the other party, or injure the opinion of the minor Child as to her Mother or Father, or which may hamper the free and natural development of the minor Child's love and respect for the other party. Each party shall specifically agree that they will not disparage the other or discourage contact with the other in front of the minor Child and will ensure that family members abide by the same. 16. While exercising custody of the Child, neither parem shall use illegal drugs or alcohol. By the,/., [Co[*rt ~ "'~j/// IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA E. SMITH, Plaintiff, VS. DARREN D. RADER, Defendant, Civil Action - Law No. 03-5477 Custody ACCEPTANCE OF SERVICE I, Catherine A. Drummond, Esquire, attorney for Defendant, do acknowledge that I have received a true and attested copy of the Notice to Defend and Claim Rights and the Complaint for Custody filed on October 16, 2003 in the above-captioned action. Date: 1222273 Catherine A. Drummbnd, Esquire, Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA E. SMITH, Plaintiff, VS, DARREN D. RADER, Defendant, Civil Action - Law No. 03-5477 Custody ACCEPTANCE OF SERVICE I, Catherine A. Drummond, Esquire, attorney for Defendant, do acknowledge that I have received a true and attested copy of the October 21, 2003 Order of Court and Stipulation and Agreement in the above-captioned action. Date: 1222275 / Catherine A. Drummon/d, Esquire, Attorney for Defendant