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Home My WebLink About08-1459Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRIAN M. SMITHMYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY KRISTA L. GREENE, Defendant NO. - j q c CUSTODY COMPLAINT 1. The Plaintiff is Brian M. Smithmyer (hereinafter referred to as "Father"), who currently resides at 31 E. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Krista L. Greene (hereinafter referred to as "Mother"), who currently resides at 414 Orchard Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks shared legal and shared physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Corey A. Smithmyer 414 Orchard Drive April 24, 1995 Mechanicsburg, PA 17055 4. The child is presently in the custody of Mother who currently resides at 414 Orchard Drive, Mechanicsburg, PA 17055. 5. During the past five years the child has resided with the following persons at the following addresses: DATES 2/2003 to 5/2005 5/2005 to present ADDRESSES Railroad Avenue Mechanicsburg, PA 414 Orchard Drive Mechanicsburg, PA 17055 NAMFSOFPERSONS IN HOUSEHOLD Mother and child Mother, Wes Greene, child, Ryan Greene and Gillian Greene 6. The Father of the child is Brian M. Smithmyer, currently residing at 31 E. Locust Street, Mechanicsburg, PA 17055. 7. The Mother of the child is Krista L. Greene, currently residing at 414 Orchard Drive, Mechanicsburg, PA 17055. The parties are divorced from each other. 8. The relationship of the Plaintiff to that of the child is that of Father. The Plaintiff currently resides with the following persons: NAME Jody L. Smithmyer RELATIONSHIP Wife 2 9. The relationship of the Defendant to the child is Mother. The Defendant currently resides with the following persons: NAME Wes Greene Corey A. Smithmyer Ryan Greene Gillian Greene RELATIONSHIP Husband Child Stepson (part time) Daughter 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 11. The Plaintiffhas no information of a custody proceeding concerning the child pending in any court of this Commonwealth. Custody had previously been addressed in the parties' Marital Settlement Agreement, attached hereto as Exhibit "A." 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest of the child will be served by granting the relief requested because Plaintiff can provide the child with a stable, loving and attentive family environment for the child. As the child has matured, he is enjoying and benefiting from extended contact with his 3 Father and Father's family. The child and Father comfortably share many activities, communications and quality time. The child has expressed a desire to expand the time spent with his Father. Father needs additional physical custody time to provide that loving and nurturing environment for his son. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal and shared equal physical custody of the child to the Plaintiff. DATE: March 5, 2008 4 Joy tsnage Ntreet New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 T' ' EXHIBIT "A" 1 30 - AFTER-ACQUIRED PROPERTY Each party shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 1 31 - CHILD CUSTODY AND SUPPORT The parties shall share legal custody of Corey Smithmyer. Because Husband's hours of work fluctuate greatly, the parties agree that setting a custody schedule is . difficult. Therefore, they agree to alternate holidays and other important dates in Corey's life. Additionally, they agree to Husband having visitation with Corey on a mutually agreeable basis. Both parties shall share equally any medical decision pertaining to Corey Smithmyer. In the event that the need for emergency medical care for Corey arises while in the custody of one party, the other party agrees to grant the right to make immediate decisions pertaining to Corey's emergency medical care. a Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRIAN M. SMITHMYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY KRISTA L. GREENE, Defendant NO. c ?A VERIFICATION I, Brian M. Smithmyer, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 4_0 92008 tG J 0 { "} C7 _a -T7 -1 L'Z ti BRIAN M. SMITHMYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA L. GREENE DEFENDANT 2008-1459 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 13, 2008 , 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 Wednesday, April 09, 2008 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 yti `ai?ln ?i? no ] 1 IAJ ?Q Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRIAN M. SMITHMYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY KRISTA L. GREENE, Defendant NO. 2008 - 1459 AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Order of Court dated March 13, 2008, scheduling the Custody Conciliation for Wednesday, April 9, 2008 at 9:00 a.m. in the above-captioned matter by United States Mail, Return Receipt Requested, Certified No. 7007 3020 0001 1089 2677, Return Receipt Requested, on the above- named Defendant, Ms. Krista L. Greene, on March 14, 2008 at Defendant's last known address: 414 Orchard Drive, Mechanicsburg, PA 17055. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: March 17, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff US Postal Service CERTIFIED MAIL, REC EIPT M1 (Domestic Mail Only; No Insurance Co Provided) verage ru 11- T - UIM - g ,,, Stu 1.1 IM r? Postage $ A r Certified Fee $2.65 11 L M M Return Receipt Fee (Endorsement Required) t 15 ( cc H C rr??? p p Restricted Delivery Fee (Endorsement Required) $f1 X17 r , it • a?? _? ry , \\ ? ? , , 1 M Total Postage & Fees $ $5.21 03/1 M o Sent To - M5.:.__.(` S e d e e S.r- - he pt"T7o:; `?R t. or PO Box No. °- -1 M o(- . . -• ------ ` ? D -°---- City Slate. ZIP+4 ??c (so (- NEON ---- ------------------------ ?u?S ¦ ? pPWO Items 1, 2, and 3. Also complete 4 If Restricted[ Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ AiVtach this card to the back of the mailpiece, or on the front if space permits. 1. ArOoleAddressed to: I?S• r?5-?'? C' ?reine ?1?ecCir„GS?vey t PA Agent 0. Date of DelWary 0 No r¢ Is Type Mail ? Ewm Mail ? Retum Receipt for Merolr xftg 0 Imwred Md 0 C.O.D. 4. Restricted Delivery? (Eittre Fee) 0 Yes 2, Ar4da Number Pamwrarkm- -ioa4rbey 7007 3020 0001 1089 2677 P8 Form 3811, Fib uwy 2004 Doesaae nwsn Race" #bfalt) EXHIBIT "A" N -n } =jj -n M co ,n M `ra -T;F -r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRIAN M. SMITHMYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -CUSTODY KRISTA L. GREENE, Defendant NO. 2008 - 1459 ACCEPTANCE OF SERVICE I, Marianne E. Rudebusch, Esquire, hereby accept service and acknowledge receipt of the above-captioned Custody Complaint on behalf of my client, Krista L. Greene, having received said Complaint and Affidavit on the ?q day of , 2008. I hereby indicate I am authorized by my client to accept service on her behalf. Marianne E. Rudebusch, Esquire Attorney for Defendant 4711 Locust Lane Harrisburg, PA 17109 Telephone No. (717) 657-0632 Supreme Court I.D. No. t7?? ; ' ca k 'APR 18 2008},? BRIAN M. SMITHMYER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1459 CIVIL ACTION LAW KRISTA L. GREENE Defendant IN CUSTODY ORDER OF COURT AND NOW, this /9 ' day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Brian M. Smithmyer, and the Mother, Krista L. Greene, shall have shared legal custody of Corey A. Smithmyer, born April 24, 1995. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Child in accordance with the following schedule. A. 2007-2008 School Year: For the remainder of the 2007-2008 school year, the Mother shall have primary physical custody of the Child and the Father shall have partial custody on alternating weekends and on Thursdays when the Father shall pick up the Child at the Mother's residence after school through Friday morning, when the Father shall transport the Child to school. B. Summer School Break: Beginning with the Father having custody of the Child on June 8, 2008, the parties shall share having custody of the Child during the summer school break on an alternating weekly basis with the exchange of custody to take place every Sunday at 8:00 p.m. C. School Year Beginning 2008-2009: Unless the Child's counselor indicates that it would be detrimental to the Child based on the 2008 summer experience with the alternating weekly Fli PD-D111,RC"j= APR 21 AN 10-- 38 custody schedule or other reasons, the alternating weekly schedule shall continue into the school year pending the additional custody conciliation conference scheduled in this Order and further agreement of the parties or Order of Court. 3. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 4. The parties shall participate in a weekly telephone call on Sundays at 9:00 p.m., initiated by the Mother, to discuss developments concerning the Child in the prior week and plans or activities for the Child during the following week. Any activities or plans shall be confirmed in email between the parties. The purpose of this provision is to improve the parties' communication with regard to the Child and the sharing of information. 5. The non-custodial parent shall be entitled to have liberal, reasonable telephone contact with the Child. 6. Unless otherwise agreed, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, October 8, 2008 at 9:00 a.m. for the purpose of reviewing the shared custody schedule during the school year. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at 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: Barbara Sumple-Sullivan, Esquire - Counsel for Father Marianne Rudebusch, Esquire - Counsel for Mother (aOai ES M%,, ?k L I V/3L flc)6 BRIAN M. SMITHMYER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-1459 CIVIL ACTION LAW KRISTA L. GREENE Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Corey A. Smithmyer April 24, 1995 Mother 2. A custody conciliation conference was held on April 9, 2008, with the following individuals in attendance: the Father, Brian M. Smithmyer, with his counsel, Barbara Sumple-Sullivan, Esquire, and the Mother, Krista L. Greene, with her counsel, Marianne Rudebusch, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator DEC 012U06 U BRIAN M. SMITHMYER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1459 CIVIL ACTION LAW KRISTA L. GREENE Defendant IN CUSTODY ORDER AND NOW, this 25`x' day of November, 2008, the conciliator, being advised by counsel that the parties have resolved all custody issues by agreement and that no further conciliation conference is necessary, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator rn t« fv --4 ? Orn < Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRIAN M. SMITHMYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -CUSTODY KRISTA L. GREENE, : Defendant NO. 2008 - 1459 STIPULATION REGARDING CUSTODY THISAGREEMENT is made this 12th day of February, 2009, by and between Brian M. Smithmyer, (hereinafter referred to as "Father") an adult individual residing at 31 E. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, and Krista L. Greene (hereinafter referred to as "Mother") an adult individual residing at 414 Orchard Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. WITNESSETH WHEREAS, the parties are the natural parents of one (1) minor child, Corey A. Smithmyer, born April 24,1995; WHEREAS, a Custody Conciliation was scheduled for October 8, 2008; however, the parties have reached an agreement and now desire to amicably resolve all matters concerning custody by agreement in order to avoid the need for further conciliation and formal hearing; NOW THEREFORE, the parties, intending to be legally bound, do agree as follows: 1. LEGAL CUSTODY. The Father, Brian M. Smithmyer, and the Mother, Krista L. Greene, shall have shared legal custody of Corey A. Smithmyer, born April 24, 1995. Major decisions concerning the child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the child's best interest. Neither party shall impair the other party's rights to shared legal custody of the child. Neither party shall attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. PHYSICAL CUSTODY. The parties shall share equally physical custody of the minor child equally on an alternating week basis with the exchange of custody to take 2 place every Sunday at 8:00 p.m. 3. HOLIDAYS: The parties shall share the major holidays in accordance with the following plan: a. Thanksgiving. In even numbered years, Mother shall have custody of the child from Wednesday prior to Thanksgiving from after school until 2:00 p.m. on Thanksgiving Day. Father shall have the child from 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. This will reverse in odd numbered years and Father shall have custody of the child from Wednesday prior to Thanksgiving from after school until 2:00 p.m. on Thanksgiving Day. Mother shall have the child from 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. b. Christmas and Christmas Eve: In odd numbered years, Mother shall have custody of the minor child from the day school lets out for Christmas vacation until 11:00 a.m. December 25th and Father shall have custody of the minor child from 11:00 a.m. December 25th until 5:00 p.m. December 27t`. In even numbered years, Father shall have custody of the minor child the day school lets out for Christmas vacation until 11:00 a.m. December 25th and Mother shall have custody of the minor child from 11:00 a.m. December 25th until 5:00 p.m. December 27 h. The parties shall share equally the remainder of the Christmas holiday vacation between them. C. Easter: In odd numbered years, Mother shall have custody of the minor child from 5:00 p.m. the day before Easter through 3:00 p.m. Easter Day and Father shall have custody of the minor child from 3:00 p.m. Easter Day until his next regularly scheduled full period of custody ends. In even numbered years, Father shall have the minor child from 5:00 p.m. the day before Easter Day through 3:00 p.m. Easter Day and Mother shall have custody of the minor child from 3:00 p.m. Easter Day until her next regularly scheduled full period of custody ends. d. Mother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These holidays shall be from 9:00 a.m. until 8:00 p.m. the day of that holiday. 3 e. New Years' Day, Memorial Day, Fourth of July and Labor Day. The parties shall alternate all major holidays of New Year's Day, Memorial Day, Fourth of July, and Labor Day. Father shall have New Year's Day and Fourth of July in even years and Mother shall have Memorial Day and Labor Day in even years. In odd years, this schedule shall reverse and Mother shall have New Year's Day and Fourth of July and Father shall have Memorial Day and Labor Day. The holidays shall be defined as 5:00 p.m. on the date preceding the holiday until 8:00 p.m. the day of the holiday. The holiday shall be the actual date celebrated nationally. 4. VACATION: Mother and Father shall each have the right to have two (2) nonconsecutive weeks of vacation. Notice of this period of custody must be given to the other parent at least thirty (30) days before the requested period. 5. WEEKLY TELEPHONE CALL: The parties shall participate in a weekly telephone call on Sunday afternoons between 1:00 p.m. and 3:00 p.m., initiated by the Mother, to discuss developments concerning the child in the prior week and plans or activities for the child during the following week. Any activities or plans shall be confirmed in email between the parties. The purpose of this provision is to improve the parties' communication with regard to the child and the sharing of information. 6. TELEPHONE CONTACT: The non-custodial parent shall be entitled to have liberal, reasonable telephone contact with the child. 7. TRANSPORTATION: Unless otherwise agreed, the parent receiving custody of the child shall be responsible to provide transportation for the exchange of custody. 4 8. DISPARAGING REMARKS: Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the child comply with this provision. 9. CHANGE OF TERMS BY MUTUAL AGREEMENT. Nothing in this Agreement shall prohibit the parties from changing the terms of this Agreement as long as both parties agree to such a change. In the event one party desires a change and the other does not, the terms of this Stipulation govern. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESWE OF: Sumple-Sullivan, Marianne Rudebush, Esquire 5 C') t " C= om 1t r w m -r;; M LA FL6 1 7 208 Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRIAN M. SMITHMYER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA L. GREENE, Defendant CIVIL ACTION -CUSTODY NO. 2008 - 1459 ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this X74 day of ? 2009, upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Brian M. Smithmyer, and Marianne Rudebusch, Esquire, counsel for Defendant, Krista L. Greene, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody dated February 12, 2009 are adopted as an Order of Court. All other orders are vacated. BY THE COURT, A. Hess, Judge r?bD buti on: ra Sample-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 .Warne Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109 n r. ?. ? 7 o? cry J C-4