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Home My WebLink About04-0880STATE OF INDIANA COUNTY OF RANDOLPH IN RE THE MARR/AGE OF: ) ) SS: ) IN THE RANDOLPH CIRCUIT COURT CAUSE NO. 68C01-0107-DR-0197 JASON E. SMITH Petitioner VS SHARON L. SMITH Respondent RECEIPT OF CLERK TO WHOM CASE IS TRANSFERRED Received of Suzanne E. Fogleman, Clerk of the Randolph Circuit Court of Randolph County, State of Indiana, her certified transcript of all proceedings had and all entries made in the above entitled cause: Receipts of Clerk (2- return top copy) Transcript of Costs. Certified Copy of Chronological Case Summary Initiating Party's Appearance Form Petition for Dissolution of Marriage. Affidavit in Support &Motion for Emergency Temporary Custody, etc. Mortion for Emergency Temporary and Permanent Custody, etc. Court Order of Referral to Families in Transition Program Order Granting Petitioner Emergency Temporary Custody, etc. Sunmaons for Sharon L. Smith and Sheriff's return Notice of Hearing for Sharon L. Smith and Sheriff's return Temporary Restraining Order for Sharon L. Smith and Sheriff's remm Provisional Order Child Support Guideline Worksheet filed by Petitioner and Respondent Certificate of Completion of F.I.T. for Jason E. Smith Certificate of Vermont Family Court Parenting Seminar for Sharon Smith Motion to Schedule Cause for Final Hearing filed by Respondent pro se Paystub information filed by Respondent. Motion to Schedule Final Hearing filed by Petitioner. Correspondence filed by Respondent, Sharon Smith. Witness and Exhibit List filed by Petitioner. Waiver of Final Hearing filed by Petitioner and Respondent. Property Settlement Agreement filed. Dissolution Decree filed. Notice of Termination of Restraining Order issued. Petition to Change Venue filed by Defendant/Petitioner, Sharon L. Smith Order for Change of Venue. Copy of Receipt #bA~0~ showing payment of transfer fees on February 24, 2004 Clerk's Certificate and which said papers I have filed this ['~ day of~{ tZA~/4 and said cause has been docketed and given the following cause number: in said Court of Common Pleas of Cumberland County, Pennsylvania. ,2004, in my office, ~le, Court of Common Ple~ of Cumberland County, Pennsylvani~a STATE OF INDIANA ) )SS: COUNTY OF RANDOLPH) IN THE RANDOLPH CIRCUIT COURT 2004 TERM IN RE THE MARRIAGE OF: JASON E. SMITH Petitioner VS SHARON L, SMITH Respondent CAUSE NO. 68C01-0107-DR-0197 TRANSCRIPT OF COSTS CIVIL FEE BOOK 75 PAGE 563 STATE OF INDIANA, COUNTY OF RANDOLPH, SS: 07/25/2001 Receipt 53619 $104.00 02/24/2004 Receipt 62908 $110,50 Clerk's Check Attached for your filing fee Filing Fee (Original) Change of Venue Fee $110.50 The undersigned Clerk of the Circuit Court within and for said County and State, hereby certified that the foregoing Transcript contains a true and complete statement of all costs taxed in the above entitled cause to this date, inclusive, as appears fi.om the Fee Book of said Court in this Office. Wimess, the signature and seal of said Court, this 24t~ day of February, 2004. Mon Feb 23 2004 14:54:40 Page 1 CHRONOLOGICAL CASE SIT~I~ARY CIVIL DOCKET, RANDOLPH CIRCUIT COURT FOR CAUSE NO: 68C01 0107 DR 0197 SMITH VS SMITH THE HONORABLE JAN L CHALFANT ACTION: DOMESTIC RELATIONS DATE FILED: 07/24/2001 ORIG FILE DT: 07/24/2001 ENTrY/FEE BOOK: 75 PAGE: 563 BOOK: 0 PAGE: 0 BOOK: 0 PAGE: 0 ATTORNEYS PARTIES 11344-18 JAY L TONEY 114 S MERIDIAN ST WINCHESTER IN 47394 765-584-9899 PETITIONER JASON E SMITH 104 E FRANKLIN ST APT #6 WINCHESTER IN 47394 RESPONDENT SHARON L SMITH 5201 STARVE RD BENSONVT 05743 ADDRESS UPDATED 08-17-2001 FINANCIAL INFO PAYOR: JASON SMITH COURT COSTS STATE COURT COST COUNTY SHARE CLEPJ{S REC PERPETUATION AUTO RECORD KEEPING $70.00 $30.00 $2.00 $2.00 CHRONOLOGICAL SUblUnARY OF FILINGS AND PROCEEDINGS 07/24/2001 Notice: N RJO: N Initiatin9 Party's Appearance Form filed. Petition for Dissolution of Marriage filed. Affidavit in Support of Motion for Emergency Temporary and Permanent Custody, Support, Possession of Apartment, Possession of Vehicle, and Restrainin9 Order filed. Motion for Emergency Temporary and Permanent Custody, Support, Possession of Apartment, Possession of Vehicle, and Restraining Order filed. Court Order of Referral to Families in Transition Program filed, slm 07/26/2001 Notice: N RJO: Y Order Grantin9 Petitioner Emergency Temporary Custody, Immediate Possession of Apartment, and Immediate Possession of Vehicle filed. Temporary Restraining Order filed. Court schedules both orders for hearing on Friday, August 17, 2001, at 9:00 o'clock a.m. mlf Mon Feb 23 2004 14:54:40 Page 2 CHRONOLOGICAL CASE SUMMARY CIVIL DOCKET, RANDOLPH CIRCUIT COURT FOR CAUSE NO: 68C01 0107 DR 0197 SMITH VS SMITH THE HONORABLE JAN L CHALFANT ACTION: DOMESTIC RELATIONS DATE FILED: 07/24/2001 ORIG FILE DT: 07/24/2001 07/26/2001 Notice: A RJO: N Court schedules cause for provisional hearing on Friday, August 17, 2001, at 9:00 o'clock a.m. Court directs Clerk to issue Notice of Hearing upon Respondent, Sharon L. Smith. Court directs Petitioner and Respondent to file income verification (2 out of 3 current payroll stubs, 2000 Income Tax return, and 2000 W-2's) on or before hearing, mlf 07/26/2001 Notice: N RJO: N Temporary Restraining Order for Sharon L Smith issued by Randolph County Sheriff. Notice of Hearing for Sharon L Smith issued by Randolph County Sheriff. Summons for Sharon L Smith issued by Randolph County Sheriff. crt 07/31/2001 Notice: N RJO: N Summons served personally on Sharon Smith on July 30,2001. bjw Notice of Hearing served personally on Sharon Smith on July 30,2001. bjw Temprary Restraining Order served personally on Sharon Smith on July 30,2001. bjw 08/21/2001 Notice: N RJO: Y Provisional Order filed, mlf 08/21/2001 Notice: N RJO: N Child Support Guideline Worksheet filed by Petitioner and Respondent. mlf 09/12/2001 Notice: N Certificate of Completion of F.I.T. 10/01/2001 Notice: N RJO: N for Jason E. Smith filed. RJO: N jac Certificate of Vermont Family Court Parenting Seminar of completion for Sharon Smith filed, jac 12/06/2001 Notice: N RJO: N Motion To Schedule Cause For Final Hearing filed by Respondent, pro se. mlf 12/07/2001 Notice: A RJO: N Court schedules cause for final hearing on Friday, January 11, 2002, at 9:00 o'clock a.m., upon request of Respondent. Court directs parties to file income verification (2 out of 3 current payroll stubs, 2000 Income Mon Feb 23 2004 14:54:40 Page 3 C~RONOLOGICAL CASE SUMMARY CIVIL DOCKET, RANDOLPH CIRCUIT COURT FOR CAUSE NO: 68C01 0107 DR 0197 SMITH VS SMITH THE HONORABLE JAN L CHALFANT ACTION: DOMESTIC RELATIONS DATE FILED: 07/24/2001 ORIG FILE DT: 07/24/2001 Tax return, and 2000 W-2's) on or before hearing date. mlf 12/20/2001 Notice: N RJO: N Paystub information filed by Respondent. jac 01/11/2002 Notice: A RJO: N Parties appear in person and by counsel inform Court of settlement agreement~ Court directs parties to submit settlement agreement within fifteen (15) days. jac 02/20/2002 Notice: N RJO: N Motion to Schedule Final Hearing filed by Petitioner. jac 02/22/2002 Notice: A RJO: N Court schedules cause for final hearing on Wednesday, April 24, 2002, at 10:00 o'clock a.m. and for pre-trial conference on Thursday, March 21, 2002, at 11:30 o'clock a.m. Court directs counsel to file exhibit and witness lists and statement of contested issues prior to pre-trial conference, mlf 03/20/2002 Notice: N RJO: N Correspondence filed by Respondent, Sharon Smith. jac 03/20/2002 Notice: N RJO: N Witness and Exhibit List filed by Petitioner. mlf 04/24/2002 Notice: N t%30: N Waiver of Final Hearing filed by Petitioner and Respondent. mlf 04/30/2002 Notice: A DISPOSED: BT ]{JO: N Petitioner appears in person and by counsel, Jay Toney, and Respondent appears in person pro se, on April 24, 2002. Evidence submitted. During lunch recess, parties reach settlement agreement. Property Settlement Agreement filed. Dissolution Decree filed, mlf 08/29/2002 Notice: N RJO: N Notice of Termination of Restraining Order issued to all appropriate law enforcement agencies, slm Mon Feb 23 2004 14:54:40 Page 4 CHRONOLOGICAL CASE SUMMARY CIVIL DOCK~', RANDOLPH CIRCUIT COURT FOR CAUSE NO: 68C01 0107 DR 0197 SMITH VS SMITH THE HONORABLE JAN L CHALFANT ACTION: DOMESTIC RELATIONS DATE FILED: 07/24/2001 ORIG FILE DT: 07/24/2001 01/26/2004 Notice: N RED RJO: N Petition to Change Venue filed byDefendant/Petitioner, Sharon L. Smith. jac 01/28/2004 Notice: N RJO: Y Order for Change of Venue filed, jac C,~:R~'S CERTIFICATS ~ CERlqFIES THAT THE DOCUMENT OI~ PAPF_~ TO WHICH ~IS CERTI~CA~ I~ A~AC~ IS A ~, ~ AND COB~C~ COPY OF ~E ORIGIN~ ON ~ ~ ~ ~ ~ MY OFFIC~ ~ ~ STATE OF INDIANA COUNTY OF RANDOLPH IN RE THE MARRIAGE OF JASON E. SMITH, Plaintiff/Respondent V. SHARON L. SMITH, : IN THE RANDOLPH CIRCUIT COURT : SS: : 2002 TERM : : CAUSE NO.: 68C01-0107-DR-0197 TILE6 CLERK RANDOLPH CiRCUiT COU'RT foregoing Petition to Change Venue; ORDER FOR CHANGE OF VENUE IT IS HEREBY ORDERED AND DECREED that the above-captioned matter be transferred from the Randolph Circuit Court to the Court of Common Pleas of Cumberland County, Pennsylvania. The Randolph Circuit Court of Randolph County, Indiana will relinquish jurisdiction of the above-captioned matter and the Court of Common Pleas of Cumberland County, Pennsylvania will now have jurisdiction in legal proceedings involving this matter. STATE OF INDIANA COUNTY OF RANDOLPH IN RE THE MARRIAGE OF JASON E. SMITH, Plaintiff/Respondent V. SHARON L. SMITH, : IN THE RANDOLPH CIRCUIT COURT : SS: : 2002 TERM : : CAUSE NO.: 68C01-0107-DR-0197 FILED JAN 2 6 Z004 CLERK RANDOLPH CIRCUIT COURT PETITION TO CHANGE VENUE AND NOW comes Defendant/Petitioner, Sharon L. Smith, by and through her counsel, Ken Doan, Esquire and Mark A. Mateya, Esquire, and in support of this Petition to Change Venue for the above captioned matter, avers the following: 1. Mark A. Mateya, Esquire is counsel for Defendant in the Court of Common Pleas of Cumberland County, Pennsylvania in the instant action. 2. Ken Doan, Esquire of Tyler & Scott, 1947 East Spring Street, New Albany, Indiana is local counsel for Defendant/Petition in the present action in Randolph Circuit Court, Indiana. 3. According to 23 Pa. C.S.A. 5355, the Court which rendered the original custody decree no longer meets the jurisdictional prerequisites and the Court of this Commonwealth does have jurisdiction. 4. This Court acknowledges the Dissolution of ManSage Decree entered in the Randolph Circuit Court, 2002 Term to Case No. 68C01-0107-0197, on April 30, 2002. A copy of the Dissolution of Marriage Decree is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. This Court acknowledges the Property Settlement Agreement entered into by the parties which in relevant part includes the custody agreement. A copy of the Property Settlement Agreement is attached hereto as Exhibit "B" and is incorporated herein by reference. 6. Father is Jason E. Smith, who presently resides at 17 Quarry Hill Road, Newville, Cumberland County, Pennsylvania. 7. Mother is Sharon L. Smith, who presently resides at 23 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania. 8. The Children are Colton Smith and Jordon Smith who presently reside at 17 Quarry Hill Road, Newville, Cumberland County, Pennsylvania. 9. This Court of the Commonwealth of Peunsylvania may exercise jurisdiction in this child custody proceeding because: a, Colton Smith and Jordon Smith, (hereinafter referred to as "Children") in the case herein have resided within the Commonwealth of Pennsylvania for more than six months. b. Father has resided in the Commonwealth of Pennsylvania for more than six months. c. It is in the best interest of the Children for Pennsylvania Courts to exemise jurisdiction as both parents have significant connections within the Commonwealth of Pennsylvania and both parents presently provide care, protection, training and personal relationships with the Children in the Commonwealth of Pennsylvania; and d. The Children are physically present in the Commonwealth of Pennsylvania. 10. No persons outside of the Commonwealth of Pennsylvania are required to be notified of the proceeds herein, as both Father and Mother reside within the Commonwealth of Pennsylvania. WHEREFORE, we pray this Honorable Court to relinquish jurisdiction of this case from the Indian Circuit Court in order that we may proceed in the Cumberland County Court of Common Pleas, Cumberland County, Pennsylvania. Respectfully submitted, Tyler & S ottf,.~ // ] 1947 East Spring~treq~/ New Albany, 1N 47150 (812) 949-1114 Date: CONFIDENTIAL FORM For Court Officials and Sheriff/Police Only NOTICE OF TERMII~ATION OF PROTECT±¥z OR RESTRAINING ORDER STATE OF INDIANA COUNTY CF Randolph COURT Circuit Jason E. Smith PETITIONER vs. CASE NO. 6~C01-0107-DR-0197 Sharon L. Smith RESPONDENT Notice is hereby given tha~ an order previously issued under the provisions of iC 5-2-9 has been germinated. (i) Person Protected (Petitioner) Name: Jason E. SmiTh Age: Home Address: 104 E Franklin ST Apt 6 Winchester IN 47394 Does the protected person live within a municipal boundary? [f yes, which municipality Telephone Nuunoers: Home: ~ork: (2) Person Restrained (Respondent) Telephone No.: Home Name: Sharon L. Smith Work Age:_ Location of place of business or Home Address: 5201 Stage Rd where person usually/often found: Benson VT 05743 (3) Type of Action: Temporary Restraining Order: Dissolution of Marriage tiC 31-1-11.5-7] Abusing, harassing, disturbing the peace tIC 31-i-!1.5-7(b}(2) Exclusion from dwelling tIC 31-i-11.5-7(b)(3) Juvenile Court Dispositionai Decree tIC 31-6-4-15.4 or IC 31-6-4-15.9] Juvenile Court injunction tIC 31-6-7-i4] Pretrial Diversion tIC 33-14-1-7] Te~rary Protective Order tiC 34-4-5.1-2] Permanent Protective Order tic 34-4-5.!-3 or IC 31-1-11.5-8.21 Pretrial Release: Condition of Bail (Bond) tIC 35-38-8-3] Condition of Probation [IC 35-38-2-21 Temporary Restraining Order [Trial Rule 65(B)] Joint Preihninary Injunction [Trial Rule 65(E)] (4) Date order was issued: July 26, 200! (5) Date order was germinated: April 30, 2002 FORM PRO-!4A (1993)--PRESCRIBED BY THE DIVISION OF STATE COURT ADM//~ISTRATION STATE OF INDIANA ) )ss: COUNTY OF RANDOLPH ) ) IN RE THE MARRIAGE OF.' IN THE RANDOLPH CIRCUIT COURT 2002 TERM CAUSE NO.: 68C01-0107-DR-0197 JASON E. SMITH Petitioner and SHARON L. SMITH Respondent DISSOLUTION OF MARRIAGE DECREE COMES NOW the Petitioner, JASON E. SMITH, in person and by counsel, Jay L. Toney, and comes also the Respondent, SHARON L. SMITH, in person, and submit to the Court their Property Settlement Agreement and Waiver of Final Hearing. This case is at issue upon the Petitioners Petition for Dissolution of Marriage. The Coud finds that this action was commenced by the Petitioner on the 24*h day of July, 2001, and that the Respondent was served personally by the shedff of Randolph County on July 30, 2001. Further, the court finds that more than sixty (60) days have elapsed from the date of the filing of said Petition. The Coud finds for the Petitioner and finds that pdor to the commencement of this action that the Petitioner was a resident of the State of Indiana for more than six (6) months and was a resident of Randolph County, Indiana, for more than three (3) months. The Court further finds that there has been an irretrievable breakdown of the marriage, and that the bonds of matrimony heretofore existing between the Petitioner and Respondent herein should be dissolved and terminated. The Court finds that the parties have agreed to a division of their property in a Property Settlement Agreement that has been filed with the Court. The Court finds that the Property Settlement Agreement submitted by the parties is fair and equitable, and that the same should be approved by the Court. The Court further finds that the parties have executed a Waiver of Final Hearing, requesting the Court to issue a summary disposition in this cause, which Waiver has been filed in this cause. The Court finds that are two children born to the parties, namely: COLTON WILLIAM FRANCIS SMTIH, born February 27, 1998, and JORDAN EDWARD MICHAEL SMITH born January 29, 2000, and that Petitioner is a fit and proper person to have the care, custody and control of said minor children, and that Respondent shall have parenting time with the minor children as outlined in the Property Settlement Agreement. The Court fudher finds that the costs of this action shall be taxed against the Petitioner, which costs are paid. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: 1. That the bonds of matrimony heretofore existing between the Petitioner and Respondent be, and they are hereby, dissolved and terminated. 2. That the Property Settlement Agreement of the parties is fair and equitable, and the same is hereby approved and ratified by the Court. 3. That the parties are the parents of two children, namely: COLTON WILLIAM FRANCIS SMITH and JORDON EDWARD MICHAEL SMITH, and the Petitioner shall have the care, custody and control of the children, with visitation to the Respondent as outlined in the Properly Settlement Agreement. 4. The child support obligation of the Respondent should be set at $109.00 per week. Respondent's support obligation is currently in arrears in the sum of $108.00, and Respondent shall pay said arrearage in full by September 1, 2002. Respandent's suppor~ shall also abate for 8 weeks each year, beginning the 1~ Friday in June, so long as extended summer parenting time as described in the Property Settlement Agreement is exercised by Respondent. 5. That Petitioner, Jason E. Smith, shall have the dght to claim JORDAN EDWARD MICHAEL SMITH as an exemption on his state and federal income tax returns for all future years. That Respondent, Sharon L. Smith, shall have the right to claim COLTON WILLIAM FRANCIS SMITH as an exemption on her state and federal income tax returns for any year in which her gross income is $10,000.00 or greater. If her income for a given year does not meet that level, Petitioner shall claim COLTON WILLIAM FRANCIS SMITH as well. 6. That the costs of this action are ~d against the Petitioner, which costs are paid. ~) ~0~ ALL OF WHICH IS ORDERED THIS AY OF APRIL, 2002 ~n ~o~p h~1 ~~ CLERK'S CERTIFICATE I cedify that I mailed a copy of this document to: Jay L. Toney, Attorney for Petitioner Sharon L. Smith, Respondent, 5201 Stage Road, Benson, VT 05743 this 1 5'~ day of ~ 2002. ~lerl~andolph Circui F LED PROPERTY SETTLEMENT AGREEMENT ~PR 3 0 201]Z THIS AGREEMENT made and entered by and between JASON E. SMITH, hereinafter referred to as Petitioner, and SHARON L. SMITH, hereinafter referred to as Respondent, this day of ApdL 2002. WITNESSETH THAT: WHEREAS, the padies hereto were duly married on the 10th day of June, 1995, and thereafter lived together as Husband and Wife until approximately the 14rh day of July, 2001. WHEREAS, cedain irreconcilable differences have arisen between the parties hereto, that now exist, and that said marriage has suffered an irretrievable breakdown; and WHEREAS, Husband filed Petition for Dissolution of Marriage in the Randolph Circuit Court, Winchester, Indiana, on the 24th day of July, 2001, which action is cause number 68D01-0107-DR-0197. WHEREAS, in connection with said separation and Dissolution, it is the intention and desire of the parties that there be a complete, final and effective settlement of their respective property dghts and holdings, and the relinquishment of C!!! dghts, inte~r~st c!ncl (;ia~im whic;h ~ith~r pgrty might oth~rwi~ hgv~ upon th~ property of the other; and NOW THEREFORE, KNOW ALL MEN BY THESE PRESENCE, that in consideration of the mutual covenants and agreements herein contained and set forth, said parties do hereby mutually covenant, promise and agree as follows: 1. That the parties have no interest in real estate, and that they have amicably divided ali personal property items, and each shall maintain the property currently in his or her possession. 2. That the parties are the parents of two children, namely, COLTON WILLIAM FRANCIS SMITH, born February 27, 1998; and JORDON EDWARD MICHAEL SMTIH, born January 29, 2000. The parties further represent that the Respondent is not now pregnant. That the Petitioner is a fit and proper person to have the care, custody and control of the minor children. Because of the distance between the homes of the parties and the time required for travel, the Respondent shall have extended parenting time with the children as follows: That Respondent shall have extended parenting time with the minor children for 8 weeks during each summer out of a ten-week period, with the specific times to be agreed upon by the parties each year. However, Petitioner shall have the right to have the children in his custody for 2 weeks dudng the course of Respondent's parenting time, but this shall not reduce Respondent's right to have the children for the full 8 weeks. Respondent shall be responsible for the costs of transpodation at the beginning and ending of her parenting time, and Petitioner shall be responsible for the costs of transpodation during his access to the children. B. Respondent shall have other parenting times during holidays and other occasions as agreed upon the parties. 3. That pursuant to the child support worksheet submitted to the Court on April 2.4, 2002, and granting the Respondent a reduction for visitation, the child suppod obligation of the Respondent should be set at $109.00 per week. Respondent's support obligation is currently in arrears in the sum of $108.00, and Respondent shall pay said arrearage in full by September 1, 2002. Respondent's support shall also abate for 8 weeks each year, beginning the 1 ¢ Friday in June, so long as extended summer parenting time is exercised by Respondent. 4. Both parties shall obtain health insuronce for the benefit of the children if it is available at a reasonable cost through their employers. The parties agree to evenly divide medical, hospital, dental, optical and prescription drug expenses incurred for the child in each calendar year which are not paid for by insurance, with Petitioner paying 50% and Respondent paying 50%. 5. It is agreed by the parties that Petitioner shall have or receive as his sole gncl s_e_porqte property the following, _qnd the Petitioner ogrees to assume the debts and to hold the Respondent harmless upon those debts, to wit-: A. All of his clothing and personal effects; B. Any and all personal property currently in his possession and not otherwise reserved to the Respondent: C. Any and all bank accounts in his name; and D. Any and all life insurance in his name. 6. It is agreed by the parties that Respondent shall have or receive as her sole and separate property the following, and the Respondent agrees to assume the debts and to hold the Petitioner harmless upon those debts, to wit-: A. All of her clothing, and personal effects; B. Any and all personal property currently in her possession and not otherwise reserved to the Petitioneri C. Any and all bank accounts in her name; Any and all life insurance in her name; and 7. The Petitioner shall assume and pay the following debts and hold the Respondent harmless therefrom: A. Any medical bills of Petitioner, and all indebtedness incurred by the Petitioner since the date of separation; and B. Any, credit cards, car loans, medical bills or other financial obligations in his name, including the debt on his vehicle. 8. The Respondent shall assume and pay the following debts and hold the Petitioner harmless therefrom: A. Any and all indebtedness incurred by the Respondent since the date of separation; and B. Any, credit cards, car loans, medical bills or other financial obligations in her name, including the debt on her vehicle. 9. Petitioner, Jason E. Smith, shall have the right to claim JORDAN EDWARD MICHAEL SMITH as an exemption on his state and federal income tax returns for all future years. That Respondent, Sharon L. Smith, shall have the right fo claim COLTON WILLIAM FRANCIS SMITH as an exemption on her state and federal income tax returns for any year in which her gross income is $I 0,000.00 or greater. If her income for a given year does not meet that threshold level, Petitioner shall claim COLTON WILLIAM FRANCIS SMITH for that year as well. 10. That the parties will cooperate in taking actions which are in the best interest of the minor children, including prompt notification to the other party of significant events in the children's lives, including but not limited to medical needs and treatment. 11. That each of the parties hereby represents and warrants to the other party that he or she has disclosed the er~fire nature, extent and interest which he or she may have or hold in any property, real, personal, or otherwise, and that it is fudher mutually agreed by the padies that each of the parties shall execute any and all instruments necessary to carry out the terms of this Agreement. 12. That it is finally mutually agreed by the parties that in the event a dissolution is granted to either of the parties, this Agreement shall be entered as a part thereof and submitted for approval to the Judge of the Court granting said dissolution, and that said agreement shall be irrevocably binding upon both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~P~t~oner ARON L SMITH Respondent I Certify that a copy of this Order was mailed to: JaY Toney, Attorney Sharon L Smith, 5201 Stage Rd, Bensom VT 05743 dated this 1st day of May, 2002. Cl~rk, ~ndolph Circuit Each pa, fy shat! cml~plete that portion of the worksheet Ihs! applia~ to ~ or her. sion lbo form and li/e it With tbe coum This worksheet re~ed in ali proceedings es~abli~Mng of ~d~f~ng ohm s~ppem I~RE:THE MARRIAGE OF: CASE~0:68C01-0107-DR-0197 SHARON L. SMITH ~OTHER: SHARON L. SMIII~IJTION~ CHILD SUPPORT OBLIGATION WORKSHEET ~XHIeIT C~dree ' O08 ' ' C~drAe 20LTON WILLIAM FRANCIS. SMITH 2/27/98 ~0RDAN EDWARD MICHAEL SMITH 1/29/00 I. WEEKLY GROSS INCOME Subsequent Chltd~eo Multipliers (Clrlde .935.903 .878 .863 A. C~d Supp~ (Co~ OMer for ~or 6om C~d~reAlJ 8. C~d ~ppo~ [~Oal Duty ~or P~r Bom C~d[~flJJ C. Ma~tefl~ O. ~EKLY A~US~D INCOME Z. PE~CE~AGE ~AKE OF TOTAL A. Wo~.Relat~ Ch~d Cam Expe~ 3. COMGINED ~EK[Y ADJUS~D INCOM~ (~e I0 ~u~ 4. BASIC C~I~ ~UPPORT 08UGA~O~ ~: Wa~-Related C~d Cam ~pe~e 5. TOTAL CHICO SUPPORT OBUGATIO~ [~b 4 plus dA 6. PARE~LDSUPPORTOBUGA~ON ~ne2~s~eS] 7. ADJUStErS ( JObfigationfromPost~ecoflda~Edu~tioflWor~eet~eJ ~ ~ be a ~dit to the I ) ~tation C~e~ ~ RECOMMENDED CHILD SUPPORT OBUOAHON Dated: '3go .# I · 008 ,, EXPLAIN ANY DEVIATION FHOM GUIDE"NE SCHEDULES IN OROERIDECREE* I affirm under penalties far perjury ,hut the ,oregoiujJ~/~eutation, ere t~.~ UNINSURED HEALTH CARE EXPENSE CALCULATION A. Custodial Parent/bmuaJ Obligation: (Line 4J B. 8~,IOC! of $.nflt~ ~xpet%~t to be Pald: (L~ 2~ x 62 weeks x .06 - $ ~ by Eathec Y, by ~othec 42 STATE OF INDIANA ) )SS: COUNTY OF RANDOLPH ) ) IN RE THE MARRIAGE OF: IN THE RANDOLPH CIRCUIT COURT 2002 TERM CAUSE NO.: 68C01-0107~DR-0197 JASON E. SMITH Petitioner and SHARON L. SMITH Respondent WAIVER OF FINAL HEARING FILED APR 2 2002 COME NOW the parties, JASON E. SMITH and SHARON L. SMITH, in person, and being duly sworn upon their oaths, say: That we hereby waive a Final Hearing in this cause, stipulate that the factual allegations of the Petition are true, and agree that the Coud may enter a Summary Decree of Dissolution in this cause, based upon the written Property Settlement Agreement of the parties. We affirm representations are true. under the penalties P~~ONn~J"TJ'~f°r perjury th~t~oing SHARON L SMITH Respondent Prepared by: Jay L. Toney 114 South Meridian Street Winchester, IN 47394 (765) 584-9899 A1TORNEY FOR PETITIONER Atty. No. 11344-18 STATE OF INDIANA ) ) SS: COUNTY OF RANDOLPH ) IN RE THE MARRIAGE OF JASON E. SMITH Petitioner IN THE RANDOLPH CIRCUIT COURT 2002 TERM CAUSE NO.: 68C01-0107-DR-0197 SHARON L SMITH Respondent WITNESS AND EXHIBIT LIST FILED COMES NOW the Petitioner, JASON E. SMITH, by counsel, and respectfully submits to the Court his Witness and Exhibit List in the above-referenced matter. The Petitioner would provide information as follows: Witness Ust 1. The Petitioner, Jason E. Smith 2. Michael and Connie Kennedy, 521 North Oak Street, Winchester, IN 47394 3. Kent and Teresa Shinn, P.O. Box 54, Saratoga, IN 47382 4. Michael and Angel Kennedy, 104 E. Franklin Street, Apt. #1, Winchester, IN 47394 5. Tommy and Robin Lennington, 1049 Colony Street, Mun¢ie, IN 47302 6. Any and all witnesses whose names are revealed through the continuing discovery process. Exhibit List 1. Any and oil documents identified or used by the Respondent. 2. Any and all other documents found through the continuing discovery process. WHEREFORE, the Petitioner respectfully submits his Witness and Exhibit List to the Court and the Respondent. Winchester, IN 47394 (765) 584-9899 AI-fORNEY FOR PETITIONER Atty. No, 11344-18 CERTIFICATE OF SERVICE I hereby certify that a copy of the above Witness List was forwarded to Sharon Smith, Respondent, 5201 Stage Road, Benton, Vermont 05743, this<~ day of March, 2002. ~[~ [ ~ ~ March 14,2002 To Whom It May Concern: My nme is Sh~on Smith. I m in ~e process of geeing a divome ~d custody of my chil&en. My c~e nm~r is68C01 0107 DR 0197. I have a Pre~ Conference scheduled for M~h 21,2002. I had called ~d ~lked to ~e co~ secret~ ~d left her ~ow ~t I will ~ umble to ~e ~at as to ~e ma~er of ex,me. She had at ~at ~int told me to c~l my soon to be ex-husb~d's a~omey Jay Toney ~d discuss the preffi~ maxem ~ h~. I ~ve a~empted to con~t Mr. Toney ~d ~e response I received was to get my self~ a~omey in the ma~er. He would not discuss ~ng a~m ~e c~e ~th me. I would like to let the cou~ ~ow t~t I will be in co~ on April 24,2002 m 10:00m for ~e final he~ng. In ~e ma~er of~e divorce I m not contesting that I w~t the divorce but in the ma~er of the custody of my children, Colton ~d Jordon Smi~, I w~t cm~y of ~em. Just to let ~e co~ ~ow I Mil not now or ever sign offofmy chil~n. If ~ted cu~ody of my c~l~en I woffid like to ~ve ~e ~e visitation set up for my hushed as w~ set up for me. Thank you for the Court's time, CIVI!. NO'~ICE V~RI[:ICATION ~.~¢~. s '~,~ :~':_ NO: 6zr'~l O!O7 9R O177 , ~R;] ..... RECEIVING NOTICE: i 2 a S MERIgIAN S~' 520_1 ST,qBE R0 2®?2 02/22/ 30u~rt sc}~ledules cau,se for' ~i ~ai 'neap'ir!9 o; ~.Jednesday~ Apx'il 24, 2002, at le:ee o'cloc< a~rr. ar'd ¢o~' pre-~%r'~a] cc, r:~ePer~e or- T~ur'ed~},~ ~s~c}: 21., 2882, at 11:30 o'clock a.m. Co Jrt directe couneel to ¢ile exh~.bAt: ,~cd STATE OF INDIANA ) )ss: COUNTY OF RANDOLPH ) ) IN RE THE MARRIAGE OF: IN THE RANDOLPH CIRCUIT COURT 2002 TERM CAUSE NO..' 68C01-0107-DR-0197 JASON E. SMITH Petitioner and SHARON L. SMITH Respondent FILED MOTION TO SCHEDULE FINAL HEARING COMES NOW the Petitioner, JASON E. SMITH, by counsel, and respectfully requests the Court to schedule this matter for a Final Headng. In support af this Motion, counsel would show the Court as follows: I. That counsel believed that the parties were working toward an agreement; however, Petitioner has advised that no final agreement has been reached by the parties. WHEREFORE, the Petitioner respectfully requests the Court to schedule this matter for Final Headng at a time and date convenient with the Court, and for any and all other relief just and proper in the premises. Winchester, IN 47394 (765) 584--9899 A"rI'ORNEY FOR PETITIONER Atty. No. 11344-.18 CLERK'S CERTIFICATE I hereby certify that a copy of the above and foregoing was forwar,ded to Sharon Smith, Respondent, 5201 Stage Road, Benton,~ermont 05~743, this~-~ day of February, 2002. ( Mort jan Sa 2Q02 20:00:23 CIVIL SMITN VS SMITLt CAUSE NO: 68CO1 0107 OR O197 PARTIES RECEIVING NOTICE: ,]AY k TONEY !14 S MERIOIAN ST WINCHESTER IN 4739a NOTICE VERIFICATION LIS~ JUDGE: SHARON L SMt~H 5201 STAGE R0 BENSON VT 0S743 0AN CNALFANT Page !. 0~/~/2o02 Parties appear ~i~teen (15) days. in person and by counsel inform Court of settlement directs parties to submit settlement agreemen~ jac Vi.ew Pay Information Page 1 of 1 r~.~l~, Pay Information History "~ View Pay Information Home · Log Off ~1 I Print Page CBack Employee Details SHARON L SMITH Employee Number: 64355 Social Security Number: 176-50-601 ~'-(-'~ay Period Salary/Rate: 6,5000 Check Details ~ Payment Da~-~-1~-28-2001 -Ch~k Number: 00590140 Earnings REGULAR PAY O.T, I 1/2 SUNDAY PAY SUNDAY PREMIUM TOPP TOTAL PAY Taxes FICA-OASDI FEDERAL W/H TAX (-00) FICA-HI VT (-00) Deductions LOCAL 371 INITN LOCAL 371 PT DS Net Pay CBack 14.45 Current Amount 93.93 6.10 39.65 6.10 18.30 Year to Date Amounts 1,174.20 54.80 78.78 36.36 $151.88 $1,344.14 9.42 83.34 20.14 175.18 2.20 19.49 3.63 30.04 $1,036.09 https://www.shawsbenefits.com/servlet/controller?sequenceMarker=2& formName=Viewt... 12/14/2001 Vi.ew Pay Information '" Page 1 o£ 1 ~/ Pay Information History :~ View Pay Information Home CBack · Log Off~l B Print Page Employee Details SHARON L SMITH Employee Number: 64355 Social Security Number: 176-50-6017 (~:~-y Period Salary/Rate: 6.50'0~-~'' Check Details ( Tmen't t ate: 12-05-2001. Check Number: 00598308 Earnings REGULAR PAY O.T. 1 1/2 SUNDAY PAY SUNDAY PREMIUM TOPP TOTAL PAY Taxes "~ICA--OAS DJ FEDERAL W/H TAX (-00) FICA-HI VT (-00) Deductions LOCAL 371 INITN LOCAL 371 PT DS Net Pay CBack 18.93 4,58 4.58 Cur~nt Amount 123.05 29.77 13.74 Year to Dam Amoun~ 1,297.25 54.80 108.55 50.10 $166.56 $1,510.70 10,32 93.66 22.34 197.52 2,42 21.91 4.16 34.20 $1,163.41 https://www, shawsbenefits.com/servlet/controller ?sequenceMarker--4& formName=ViewL. 12/14/2001 V)~ew Pay Information Page 1 of 1 r~'_#~'.'~ ,,~.~, Pay Information History :?~-' View Pay Information Home CBack Log Off n m Print Page Employee Details SHARON L SMITH Employee Number: 64355 Social Security Number: 176-50-6017 sa,ary/Rate: 6.sooo Check Detail$~_ / ~-~ment Date: 12-12-2001~.._.~ ~h~k Numar: 0~05151 Earnings REGULAR PAY O.T. I 1/2 SUNDAY PAY SUNDAY PREMIUM TOPP TOTAL PAY Taxes FICA-OASDI FEDERAL W/H TAX (-00) FICA-HI VT (-00) Deductions LOCAL 371 INITN LOCAL 371 PT DS Net Pay CBack Current Hours 24.88 161.72 1,458.97 54.80 108.55 50.10 $161.72 $1,672.42 10,03 103,69 21.61 219.13 2.34 24.25 3.99 38.19 $1,287.16 https://www~shawsbene~ts~c~m/serv~et/c~ntr~er?sequenceMark~r=6&f~nnName=View[~ 12/14/2001 CIVIL NOTIC£ VERIF!CA~!ON lis? CAIjSF' NO: 68C0i 0;1.~7 OR ®197 'PAR~ZES RECEIVING NC)XICE: schedules cause for final hearia9 on f:r'ictay, 3anua:'y 11, 2002, at o'clock i~come ver'iflcation (2 out o~ 3 CUrrer~t pdyro].l stube, 209~ Income ~'eturn ~ a~d IN THE RANDOLPH CURCUIT COURT STATE OF INDIANA ) ) SS: COUNTY OF RANDOLPH ) TERM CAUSE NO. 68C01-0107-DR-0197 IN RE THE MARRIAGE OF: JASON E. SMITH 204-64-4030 PETITIONER SOCIAL SECURITY NO. And SHARON L. SMITH 176-50-60 RESPONDENT SOCIAL SECURITY NO. FILED 0EC 0 3 2001 To whom it may concern: 1, Sharon L. Smith, would like to request a final hearing in the matter of my divorce and the custody of our minor children, Colton William Francis Smith and Jordon Edward Michael Smith, is set. [ have served my husband, Jason E. Smith, and his attorney, Jay Toney, with written notice of this request. cc: Jason E. Smith Jay Touey Randolph Circuit CO~t Respectfully, Sharon L.Smith 5201 Stage Road Benson, Vermont 05743 802-537-2796 '3. Ol required in afl preceedinqs.e, slabfishinq of modifying child support MOTHEfl' - ' F. LEP ' Cfi LB SUPPO~TOBLIGATIO~ 6. 7, 8. RECOMMENDED CHILD SUPPORT OBUGA~O~ EXPLAIN ANY DEVIATION FROM GUIDEL'INE SCHEDULES IN OflDEfl~DECflEE. I Affim under penaltiet fQr pe~u~ t~4t the fore~epresefltadon~ UNINSURED HEA[~ CARE EXPENSE CALCU~TION A. Custodial Pardi ~nual Obliga~on: (~e 4J x 52 weeks x ,06 - ~ · 8. Balance of Annual Exposes to be Peid: IU~ ~ % by Fatflec .. % by Mother. (Circle,93§ ,903 .878 .~63 .8541 Child Support (Court Order for Prior Bom Childlrenl] Child Support ILegal Duty for Pri?r Bom C~ildirenl) Meintenan~ Paid WEEKLY ADJUSTED INCOME IWAfl Line l minus IA, IR, end 1C PERCENTAGE SHARE OF TOTAL A, Werk-Releled Cfl~d Care E~penses COMBINED WEEKLY ADJUS~D I~COME [~ne lO minus ~ne 2Al BASIC CflltO SUPPORT OBUGATION Apply CWAI to Guideline A. Wo~*Related Child Cam Expose 8. Wakiy Premm- Childr~'s Podion of TOTAL CHILD SUPPORT OBUGAT]ON {Une 4 plus 4A and 481 PARENTS' CHILD SUPPOflT OBLIGA~ON {~ne2limes~neS) ADJUS~ENTS J Obligation from Post.Seconda~ EducatJofl Worksflee~ ] Chil~imnl's P~on et Weekly Health Ins~rafl~ Pr~i~ {~is will be a credit to the peyotl J ~sitat~on Credi~ $ 42 STATE OF INDIANA RANDOLPH COUNTY IN RE THE MARRIAGE OF: Petitioner and Respondent SS: RANDOLPII Civc ~.'tnc . COURT 20.0 [ TERM CAUS NO. 0107- D -olq7 FILED The motion and supporting affidavit of the Petitioner~ ,-~ ...,.. b.. % ~J-~/~ ~7, ,~/,~ tt~LJ; for temporaw (m~;,,.,;~-~ v~) suppo~ (and) temporaw custody of child(ren)~ ~"mn~'~ ~cs pd~t~ litu having been heard and considered, the Court now enters ~e following order: It is ordered by the Coug ~at said Petitioner~zpu,d~O be, and ~e hereby is, granted temporaw custody of the following child(ren): sub~e~t tq/easgqable visitation privileges on the pa~ of ~ ~/Respondentt ~ ~ t~ ~y~ ,, is ordered by the Cou~ that the~espondent, CGko¢ L, ff~t4A pay into the Office of the Clerk of this Cou~ the sum of $ ~q ,~ per week co~encing ~0~ l~ ~{ forthesuppo~(nndm~,h,l,~,c) of ~inor child(ren) during ~e pendency of this action. In addition, said~~espondent, is ordered to pay a Clerk's fee of $~, ~ per a~um. ~~dered by the aou~ that the a~~ Respondent shall pay a ,o ey the Of~ dP~itioner's~espondent's Judge, Randolph ~}'~ Cou~ Wife and/or ~tt~mey Copy mailed this 23rd _ day of August Jay L Toney -- Sharon L Smith 5201 Stage Rd Benson VT 05743 , _, 20 01~ to: STATE OF INDIANA COUNTY OF RANDOLPH IN RE THE MARRIAGE OF: JASON E. SMITH Pelffioner And SHARON L. SMITH Respondent ) )SS: ) ) ) IN THE RANDOLPH CIRCUIT COURT 2001 TERM CAUSE NO.: 68C01-0107oDR-0197 FILED JUL 2 6 2001 TEMPORARY RESTRAINING ORDER COMES NOW the Petitioner, JASON E. SMITH, by counsel, Jay L. Toney, and flies herein his Motion for Restraining Order and Affidavit in Support thereof, which Motion requests in part that a Restraining Order bej~sued against the Respondent restraining her from removing the children from the state of Indiana. And the Court, being duly advised in the premises, finds that with regard to the Restraining Order, the Motion is weJJ taken and should be granted. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Respondent, SHARON L SMITH, be and she hereby is restrained from removing the minor children of the parties, namely Colton Smith and Jordan Smith, from the state of Indiana or from interfering with the Petitioner's emergency, temporary custody of said children. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Order shall remain in full force and effect until further reviewed by the Court on the /"7~ day of AH of which is ord~ed this ~¢day of July, 2~1. ~~ Randolph~ Clerk's Certificate I hereby certify' that a copy of this Order was forwarded to: Jay L. Toney, Attorney for Petitioner ~. J;~,~ Sharon L. Smith, Respondent, 104 East Franklin Street, Apt. 6, Winchester, IN 47394 RandoJph County Sheriff ~,,~. ~ Winchester Police Department this Z~''~'' day ~f ./uly, 20~)1. Iph Circuit Court 07/30/2001 Rand._ph County Sheriff's Depar, .ant 235 0~9:4~ Civil Process Service Detail: Page: 1 Process Number: 14604 Name Number: 35891 Name Description ............................................................... Last: Smith First: Sharon Mid: L Addr: 104 E Franklin St Apt #6 Phone: ( ) City: Winchester ST: IN Zip: 47394 DOB: / / SSN: Name Type: Defendant Serve: Y <No Attempts> Disposition: SRC Assgnd TO: Hendrickson K Lctn: Service Requirements: Attempted: Street Addr: City: Successful: Comments: 09:40:00 07/30/2001 104 E Franklin St Apt #6 Winchester State: IN ZIP: Y Person Srvd: Sharon L. Smith (None) Attempted By: 47394 Hendrickson K Location: Relation: DF Service Comments: Cause # 68C01-0107-DR-0197 This writ came to hand on the 30th day of July 2001 and I served this writ on the 30th day of July 2001 by reading to and within the hearing of Sharon L. Smith. is writreturned this 30th day of July 2001. ~,~ Sheriff FILED JUL 3 ! 2001 STATE OF INDIANA COUNTY OF RANDOLPH IN RE THE MARRIAGE OF: JASON E. SMITH Petitioner And SHARON L. SMITH Respondent ) )SS: ) ) ) IN THE RANDOLPH CIRCUIT COURT 2001 TERM CAUSE NO.: 68C01-0107- DR-0197 NOTICE OF HEARING To SHARON L. SMITH, Respondent: 104 East Franklin Street, Apt. 6, Winchester, IN 47394. You are hereby notified that the Petitioner in this cause, JASON E. SMITH, has tiled a Motion for Emergency Temporary Custody, Support, Possession of Apartment, Possession of Vehicle, and Restraining Order, and an Affidavit in support of same, copies of which Motion and Affidavit is attached to this notice and served upon you herewith, and you are hereby notified that the Court has set said Motion for hearing on the jr~ day of ~ ,2001,at ~ o'clock ~ m. Witness the signature of the Clerk of said Court and the Official Seal of said Court, hereunto affixed, at the City of Winchester, Randolph County, Indiana, this ~-L-'c~' day of July, 2001. / ~ler~andolph Circ~Jit Court 07/30/2001 Rand .ph County Sheriff's Depar, ~nt 235 09~46 Civil Process Service Detail: Page: 1 Process Number: 14604 Name Number: 35891 Name DescriDtion ............................................................... + ILast: Smith First: Sharon Mid: L I Addr: 104 E Franklin St Apt #6 Phone: ( ) - City: Winchester ST: IN Zip: 47394 DOB: / / SSN: - Name ~;pe: Defendant Serve: Y <No Attempts> Disposition: SRC Assgnd To: Hendrickson K Lctn: Service Requirements: Attempted: Street Addr: City: Successful: Comments: 09:40:00 07/30/2001 Attempted By: 104 E Franklin St Apt #6 Winchester State: IN ZIP: 47394 Y Person Srvd: Sharon L. Smith (None) Hendrickson K Location: Relation: DF Service Comments: Cause # 68C01-0107-DR-0197 This writ came to hand on the 30th day of July 2001 and I served this writ on the 30th day of July 2001 by reading to and within the hearing of Sharon L. Smith. s writ ret, urned this 30th day of July 2001. IN THE RANDOLPH CIRCUIT COURT Third FlOOr, Court House Winchester, Indiana Jason E. Smith Plaintiff(s) -rs- gharon T,. ~Mi~h Defendant(s) THE STATE OF INDIANA TO THE DEFENDANT Fit.F-iD..- ) UMMONS ,~M~ th ADDRESS: 104 East Franklin Str~t. Apt. ~6, Winmh~stor, TN 47394. YOU have been sued by the person(s) named "plaintiff" in the Randolph Circuit Court in Winchester, Indiana. The nature of the suit against you is stated in the complaint which is attached to this summons. It also states the relief which the plaintiff(s) in the suit demands from you. You must answer the complaint in writing, by you or your attorney, within twenty (20) days, commencing the day after you receive this summons, (you have twenty-three (23) days to answer if this summons was received by mail), or judgment will be entered against you for what the plaintiff(s) has demanded. If you have a claim for relief against the plaintiff(s) arising from the same transaction or occurrence, you must assert it in your written answer. Dated: July ~, ~X2~L0~ ~~~4- Court PRAECIPE FOR SUMMONS The following manner of service of summons is hereby designated and requested: The Randolph County Sherliff Attorney for 114 South M~-ri~ian S~reet, Winchmster, IN~ 47394. Telephone: (765) 584_qsg9 SHERIFF'S RETURN OF SUMMONS I certify that I served this summons and a copy of the complaint on the defendant, , by personally delivering a copy of this summons and a copy of the complaint to the defendant on the day of , 199 at By leaving a true copy of same at the dwelling or usual place of abode of defendant and by mailing a copy of the summons by first class mail addressed to defendant's last known address, to wit: Other mode of service: I herewith return this summons not served for the following reason: Dated: Sheriff/Deputy 07/30/2001 Rand _ph County Sheriff's Depar, ant 235 0~:~' Civil Process Service Detail: Page: 1 Process Number: 14604 Name Number: 35891 Name DescriDtion ................................................................ ILast: Smith Pirst: Sharon Mid: L Addr: 104 E Franklin St Apt #6 Phone: ( City: Winchester ST: IN Zip: 47394 DOB: / / SSN: - Name Type: Defendant Serve: Y <No Attempts> Disposition: SRC Assgnd To: Hendrickson K Lctn: Service Requirements: Attempted: Street Addr: City: Successful: Comments: 09:40:00 07/30/2001 104 E Franklin St Apt #6 Winchester State: IN ZIP: Y Person Srvd: Sharon L. Smith (None) Attempted By: Hendrickson K 47394 Location: Relation: DF Service Comments: Cause # 68C01-0107-DR-0197 This writ came to hand on the 30th day of July 2001 and I served this writ on the 30th day of July 2001 by reading to and within the hearing of Sharon L. Smith. This writ returned this 30th day of July 2001. FILED JUL 31 2001 Thu Jul 26 2001 15:56:56 CIVIL NOTICE VERIFICATION LIST Page 1 SMITH VS SMITH CAUSE NO: 68C01 0107 DR 0197 JUDGE: JAN CHALFANT PARTIES RECEIVING NOTICE: JAY L TONEY 114 S MERIDIAN ST WINCHESTER IN 47394 SHARON L SMITH 104 E FRANKLIN ST APT #6 WINCHESTER IN 47394 07/26/2001 Court schedules cause for provisional hearing on Friday, August 17, 2001, at 9:00 o'clock a.m. Court directs Clerk to issue Notice of Hearing upon Respondent, Sharon L. Smith. Court directs Petitioner and Respondent to file income verification (2 out of 3 current payroll stubs, 2000 Income Tax return, and 2000 W-2's) on or before hearing, mlf 200'1 STATE OF INDIANA COUNTY OF RANDOLPH IN RE THE MARRIAGE OF: JASON E. SMITH Petitioner And SHARON L. SMITH Respondent ) )SS: ) ) ) IN THE RANDOLPH CIRCUIT COURT 2001 TERM CAUSE NO.: 68C01-0107- DR-0197 FILED JUL 2 6 2001 TEMPORARY RESTRAINING ORDER COMES NOW the Petitioner, JASON E. SMITH, by counsel, Jay L Toney, and files herein his Motion for Restraining Order and Affidavit Jn Support thereof, which Motion requests in part that a Restraining Order be)ssued against the Respondent restraining her from removing the children from the state of Indiana. And the Court, being duly advised in the premises, finds that with regard to the Restraining Order, the Motion is well taken and should be granted. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Respondent, SHARON L. SMITH, be and she hereby is restrained from removing the minor children of the parties, namely Coiton Smith and Jordan Smith, from the state of Indiana or from interfer/ng with the Petitioner's emergency, temporary custody of said children. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Order shall remain in fuji force and effect until further reviewed by the Court on the. /"~ day of Clerk's Certificate I hereby certify that a copy of this Order was forwarded to: Jay U Toney, Attorney for Petitioner Sharon U Smith, Respondent, 104 East Franklin Street, Apt. 6, Winchester, IN 47394 Randolph County Sheriff ~,~,,~,~ Winchester Police Department this Z~ day ~f July, 2C~1. Iph Circuit Court STATE OF INDIANA ) )SS: COUNTY OF RANDOLPH ) ) IN RE THE MARRIAGE OF: ) JASON E. SMITH Petitioner And SHARON L, SMITH Respondent IN THE RANDOLPH CIRCUIT COURT 2001 TERM CAUSE NO.: 68C01-0107-DR.0197 FILED JUL 25 Z001 ORDER GRANTING PETITIONER EMERGENCY TEMPORARY CUSTODY, IMMEDIATE POSSESSION OF APARTMENT AND IMMEDIATE POSESSION OF VEHICLE COMES NOW the Petitioner, JASON E. SMITH, by counsel, Jay L. Toney, and files herein his Motion for Emergency Temporary and Permanent Custody, Support, Possession of Apadment, Possession of Vehicle, and Restraining Order, and Affidavit in Support thereof, which Motion requests in pad that the Coufl issue an Order granting the Petitioner 1) Temporary custody of minor children, namely COLTON WILLIAM FRANCIS SMITH, bom February 27, 1998, and JORDAN EDWARD MICHAEL SMITH, born January 29, 2000, on an emergency basis dudng the pendency of this action; 2) Temporary exclusive possession of the apadment which has been the marital residence, located at 104 East Franklin Street, Winchester, iN 47394, dudng the pendency of this action; 3) Temporary possession of the 1988 Chevrolet Spectrum vehicle during the pendency of this action. And the Court, being duly advised in the premises, finds that with regard to these issues, the Motion is weft taken and should be granted. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Petitioner Ls granted temporary custody of minor children, namely COLTON WILLIAM FRANCIS SMITH, born February 27, 1998, and JORDAN EDWARD MICHAEL SMITH, bom January 29, 2000, on an emergency basis, until further order of the Court. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Petitioner is granted temporary exclusive possession of the apartment, which has been the marital residence, IDeated at 104 East Franklin Street, Winchester, IN 47394, until further order of the Court. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Petitioner is granted temporary possession of the 1988 Chevrolet Spectrum vehicle until further order of the Court. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Order shalJ remain in f~ll force and effect until further reviewed by the Court on the /'Ttflday of --./4"~"~ ,20m~ ~ 9.'00 ~i- n~. All of which is ordered this ~ day of .luly,~O01. /, JuCflge, Rondel Clerk's Cer~flcate hereby certify that a copy of this Order was forwarded to: Jay L. Toney, Attorney for Petitioner Sharon L. Smith, Respondent, 104 East Franklin Street, Apt. 6, Winchester, iN 47394 Randolph County Sheriff Winchester Police Department this ~.~'t~day of July, 2001. / Cler'l~, Randolph Circuit Court STATE OF INDIANA.. ) ) SS: COUNTY OF RANDOLPH ) JASON Eo SMITH and Petitioner SHARON L. SMITH Respondent IN THE RANDOLPH CIRCUIT COURT 2001 TERM CAUSE NO. 68C01o 0107-DR-0197 FILED JUL 2 4 2001 COURT ORDER OF REFERRAL TO FAMILIES IN TRANSITION PROGRAM IT iS THEREFORE ORDERED, ADJUDGED AND DECREED BY THE COURT that Petitioner and Respondent shall attend the Families In Transition program within sixty (60) days from the date of this Order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that each party shall register and pay the program fee before the scheduled program which each party attends. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that no Dissolution of Marriage or Legal Separation shall be granted until a certificate of attendance from the Families In Transition facilitator has been filed with the Clerk, for both parties. SO ORDERED this 2~th day of July ' ~ ,'1 I certify that I mailed a copy of the foregoing Order to the following: Winds of Change, F.I.T. Program Coordinator, 205 S. Main, Apt. 2, Winchester, IN 47394 Jay L. Toney, Attorney for Petitioner Sharon L. Smith, 104 E Franklin St Apt #6 Winchester, IN 47394 £ Dated: ~U[~6 ~I~ ~h C~ C--T"' STATE OF INDIANA COUNTY OF RANDOLPH IN RE THE MARRIAGE OF: JASON E. SMITH Petitioner And SHARON L. SMITH Respondent )SS: ) ) IN THE RANDOLPH CIRCUIT COURT 2001 TERM CAUSE NO.: 68C01-0 07-DR- / MOTION FOR EMERGENCY TEMPORARY AND PERMANENT CUSTODY, SUPPORT, POSSESSION OF APARTMENT, POSSESSION OF VEHICLE, AND RESTRAINING ORDER COMES NOW the Petitioner, JASON E. SMITH, by counsel, Jay L. Toney, and files herein his Motion regarding the provisional issues in this cause. Petitioner requests the Court for an Order granting the following: 1, The custody of the parties' minor children, namely Colton William Francis Smith, born February 27, 1998, and Jordan Edward Michael Smith, bom January 29, 2000, on an emergency basis during the pendency of this action, and on a permanent basis. 2. That the Respondent, SHARON L. SMITH, be required to pay child suppod to the Petitioner for the minor children during the pendency of this action. 3. That the Petitioner be granted temporary, exclusive possession of the apartment which has been the marital residence, located at 104 East Franklin Street, Apt. 6, Winchester, JN 47394, during the pendency of this action. 4. That the Petitioner be granted temporary possession of the 1988 Chevrolet Spectrum vehicle during the pendency of this action. 5. That the Petitioner be granted a Restraining Order such that the Respondent be restrained and enjoined from removing the minor children from the State of Indiana during the pendency of this action. WHEREFORE, the Petitioner respectfully moves the Court for an Order granting the relief requested above, and for any and aJJ other relief just and proper in the premises. ~'~qrfchester, IN 47394 (765) 584-9899 AI-[ORNEY FOR PETITIONER Atty. No. 11344-18 STATE OF INDIANA COUNTY OF RANDOLPH IN RE THE MARRIAGE OF: ) )ss: ) ) ) IN THE RANDOLPH CIRCUIT COURT 2001 TERM CAUSE NO.: 68C01-0107-DR-~/~ JASON E. SMITH PetJlioner And SHARON L. SMITH Respondent FILED JUL 24 2001 JUL 2 AFFIDAVIT IN SUPPORT OF MOTION FOR EMERGENCY TEMPORARY AND PERMANENT CUSTODY, SUPPORT, POSSESSION OF APARTMENT, POSSESSION OF VEHICLE, AND RESTRAINING ORDER COMES NOW JASON E. SMITH, who being first duly sworn upon his oath, deposes and says: 1. That JASON E. SMITH is the Petitioner in the above entitled cause, which is an action for the dissolution of his marriage to the Respondent, SHARON L. SMITH, and is also the Petitioner in the above-referenced Motion in this same cause, and makes this affidavit upon his personal knowledge, information and belief. 2. That Petitioner is a fit and proper person to have the custody of the parties' minor children, namely Colton William Francis Smith, born February 27, 1998, and Jordan Edward Michael Smith, born January 29, 2000, on an emergency basis during the pendency of this action, and on a permanent basis. 3. That the Respondent has recently met a man on the intemet, and that Respondent first met this individual face-to-face on July 14, 2001. 4. That Respondent has informed Petitioner that the man she met on the internet is a married man, but that he was getting a divorce. 5. That on July 14, 2001, Respondent left the marital residence of the parties with the married man she met on the intemet, informing Petitioner that she was going to Vermont with the married man, and that she would be back on July 28, 2001, to let Petitioner know whether she wanted to stay with the Petitioner or the man from Vermont. 6. That when Respondent left the state of Indiana, she took the younger child with her, but would have taken the older child with her, also, but the police were called to the home, and agreement was made that she would not take the older child. 7. That since leaving the marital residence, Respondent has contacted Petitioner to let him know that she was going to stay with the man from Vermont, but that she would return to Winchester on July 29, 2001. 8. That Respondent has also informed Petitioner that upon her return to Winchester, she would obtain the other minor child and would be moving to Vermont on a permanent basis. 9. That the man from Vermont is a smoker, and that the younger child has asthma. 10. That Petitioner fears that unless he is granted an Order granting him emergency temporary custody of the minor children of the parties, Respondent will remove the children to Vermont. 11. That Petitioner fears for the safety of the children if Respondent is permitted to take them to Vermont, as Petitioner knows very little about the man with whom Respondent intends to reside. 12. That Petitioner is in need of the use of the apartment that has been the marital residence of the parties, located at 104 East Franklin Street, Apt. 6, Winchester, IN 47394, during the pendency of this action, for himself and the minor children. 13. That Respondent, SHARON L. SMITH, is an able-bodied woman, and she should be required to pay child support to the Petitioner for the minor children during the pendency of this action. 14. That Petitioner requires the use and possession of the 1988 Chevrolet Spectrum vehicle during the pendency of this action. 15. That the Respondent has a suspended driver's license. 16. That the Respondent should be enjoined and restrained from removing the children from the state of Indiana, as Petitioner fears that Respondent will take the children to the state of Vermont. Further Affiant saith not. I affirm under the penalties for perjury that the above infoT~ and correct to the best of my knowledge and belief. ~I~' STATE OF INDIANA ) ) SS: COUNTY OF RANDOLPH ) Subscribed and sworn to before me, the undersigned Notary Public, this day of July, 2001. My Commission Expires: December 9, 2006 Prepared by: Jay L. Toney 114 South Meridian Street Winchester, IN 47394 (765) 584-9899 ATTORNEY FOR PETITIONER Atty. No. 11344-18 STATE OF INDIANA COUNTY OF RANDOLPH IN RE THE MARRIAGE OF: JASON E. SMITH Petitioner And SHARON L SMITH Respondent ) )ss: ) ) ) IN THE RANDOLPH CIRCUIT COURT 2001 TERM CAUSE NO.: 68C01-0107-DR- OI ~ PETITION FOR DISSOLUTION OF MARRIAGE JASON E. SMITH, being first duly sworn upon his oath, deposes and says: 1. That JASON E. SMITH is the Petitioner in the above-entitled cause, which is an action for the dissolution of his marriage to the Respondent, SHARON L SMITH. 2. That for more than six months, the Petitioner has been a bona fide resident of the County of Randolph in said state, and that for more than three months, the Petitioner has been a bona fide resident of the County of Randolph in said State. 3. That the Petitioner lives and resides at 104 East Franklin Street, Apt. 6, Winchester, IN 47394. 4. That the Respondent has recently left the marital residence of 104 East Franklin Street, Apt. 6, Winchester, iN 47394, but that Petitioner does not believe she has established a permanent residence elsewhere. 5. That the Petitioner and Respondent were married on the 10th day of June, 1995, and were physically separated on or about the 14th day of July, i::K)01. 6. That the parties have fvvo minor children, namely Colton William Francis Smith and Jordan Edward Michael Smith, and that the Respondent is not now pregnant. 7. That there has been an irretrievable breakdown of the marriage relationship of the parties. WHEREFORE, Petitioner asks the Court that he be granted a Dissolution Decree wholly dissolving said marriage, for an Order granting him custody of the minor children of the parties, that there be a fair and equitable division of the property of the parties, and for all other relief lust and proper in the premises. STATE OF INDIANA ) )SS: COUNTY OF RANDOLPH ) Subscribed qnd sworn to before Indiana, this ~-~ ¥/.J~"day of July, 2001. My Commission Expires: December 9, 2006 me, a Notary Public for Randolph County, Prepared by: Jay L. Toney 114 South Meridian Street Winchester, IN 47394 (765) 584-9899 ATTORNEY FOR PETITIONER Atty. No. 11344-18 Case Number APPEARANCE FORM (CIVIL) Iniliating Parly 68coz-0 0?- )R- 1. Name of Initiating Party JASON 2. Attorney information: Name: Jay L. Toney Address: 114 S. Meridian St. Winchester, IN 47394 Attorney No. 11344-18 Phone: (765) 584-9899 Fax: (7651 584-0123 3. Will initiating pahy accept service by FAX: ?ES 4. Additional information required by state or local rule: N/A CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing was forwarded fo SHARON L. SHT~, 1~4 ~ Franklin .q~-~, ~pt 6, Winchester, this ~ day of ,T,, 1 y , 20OJ. 47394 IN FORM APPROVED SY STATE SOARD OF ACCOUNTS CLERK OF RANDOLPH CIRCUIT/SUPERIOR COUFITS DATE CASE NO. 02/24/04 68L':01 0107 DR 0197 08:28:25 SEF CHANGE OF VENUEF"EES COURT NO. CIRCUIT 01 KIND NO. PAGE FE 75 563 SMITH VS SMITH TOTAL RECVO SHARON SMITH RECEIVED FROM ~)~ERK OF RANDOLPH CIRC~T/SU~OR COURTS PAYMENT TYPE NON-LOCAL, CHECK 01 counter 1 X ]"I:;~U S 1" $110.50 BUS DATE 02/24/04 RECEIPT NO. 629(18 $110.50 STATE OF INDIANA COUNTY OF RANDOLPH IN RE THE MARRIAGE OF: JASON E. SMITH Petitioner VS SHARON L. SMITH Respondent ) ) SS: ) IN THE RANDOLPH CIRCUIT COURT 2004 TERM CAUSE NO. 68C01-0107-DR-0197 I, Suzanne E Fogleman, Clerk of the Randolph Circuit Court, in the County of Randolph, State of Indiana, hereby certify that the above and foregoing is a full, true, and complete transcript of all proceedings had and all entries made in the above entitled cause. I further certify that the papers herewith forwarded are all of the papers filed or offered to be filed with the Clerk during the pendency and course of said action, and include any and all ruling, orders or judgments of the Court signed and filed with the Clerk and made a part of the Record of Judgments and Orders in said cause. I further certify that a certified copy of the Chronological Case Summary maintained pursuant to Indiana Trial Rule 77 has also been herewith transmitted. In Wimess whereof, I hereunto set my hand and affix the seal of said Court at my Office in the Courthouse in the City of Winchester, Indiana, this 240` day of February, 2004. JASON E. SMITH, Plaintiff/Respondent SHARON L. SMITH, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-880 : : CIVIL ACTION - LAW : CUSTODY PETITION TO MODIFY CUSTODY ORDER OF APRIL 30 2002 NOW COMES, Defendant/Petitioner, Sharon L. Smith, by and through her counsel, Mark A. Mateya, Esquire and avers the following: 1. Defendant/Petitioner herein is Sharon L. Smith, who is the natural mother (hereinafter referred to as "Mother") of the minor children, namely Colton William Francis Smith and Jordon Edward Michael Smith. 2. Plaintiff/Respondent herein is Jason E. Smith, who is the natural father (hereinafter referred to as "Father") of the minor children, namely Colton William Francis Smith and Jordon Edward Michael Smith. 3. The parties herein are the parents of the following minor children: Name Address Age DOB Colton William 17 Quarry Hill Road 6 2/27/98 Francis Smith Newville, PA 17241 Jordan Edward 17 Quarry Hill Road 4 1/29/00 Michael Smith Newville, PA 17241 4. On or about April 30, 2002, Randolph Circuit Court of Randolph County, Indiana, Cause No. 68C01-0107-DR-0197, entered a Dissolution of Marriage Decree granting care, custody and control of the aforementioned children with Father, Mother herein was granted liberal visitation rights. 5. On or about January 26, 2004, a Petition to Change Venue was filed by Defendant/Petitioner herein with the Randolph Circuit Court. 6. Jurisdiction was transferred on or about March 1, 2004, from the Randolph Circuit Court in the state of Indiana to the Court of Common Pleas of Cumberland County of the Commonwealth of Pennsylvania. 7. There are no other known actions for custody in either this or any other jurisdiction, save those already referenced herein. 8. Since the entry of the Dissolution of Marriage Decree referenced in Paragraph 4 above, there have been significant changes in Mother's living arrangements: a. Mother has relocated to Pennsylvania; b. Mother believes and therefore avers that the fundamental change in the Custody Order which reflects the present situation would be in the best interest of the children. 9. Mother further avers that a change in the Custody Order is called for due to the following: a. Father does not permit open communication with the children; b. Mother has not been permitted to see or visit with the children since February 21, 2004, due to the Father's unwillingness to permit Mother any access to the children whatsoever; Father has only permitted Mother to speak with the children one time on the telephone since February 21, 2004. WHEREFORE, Petitioner/Defendant prays this Court to issue an Order granting a Custody Conciliation Conference be scheduled as soon as can conveniently be arranged. Respectfully submitted, Date: Attorney I.D. No. 78931 407 North Front Street Harrisburg, PA 17101 (717) 238-7151 VERIFICATION I, Sharon L. Smith, verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Sharon L. Smith Date: ~.~. ~.._~./')6)9/ JASON E. SMITH PLAINTIFF V. SHARON L. SMITH DEFENDANT : iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-880 CIVIL ACTION LAW iN CUSTODY ORDER OF COURT AND NOW, Monday, March 29, 2004 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Melissa P. Gree~ , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, April 22, 2004 at 1:00 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /si Melissa P. Gree~;'y, Esq. Custody Conciliator mhc ~ n is required by law to comply with the The Court of Common Pleas of Cumberland Cou ty 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 riO OR IELEPHONE IHE 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 APR 3 0 2004~ (~ JASON E. SMITH, Plaintiff SHARON L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-880 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~,~ day of I'~ ~ ,2004, upon consideration of the attached Custody Conciliation Summary Repc~t, it is hereby ordered and directed as follows: 1. Legal Custody. Jason E. Smith and Sharon L. Smith shall have shared legal custody of the minor children, Colton William Francis Smith, born February 27, 1998, and Jordon Edward Michael Smith, born January 29, 2000. I~--ach parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. P~ursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The Father shall have primary physical custody subject to Mother's rights of partial custody which shall be arranged as follows: A. On weekdays when Mother is not working during the school year, Mother's periods of custody shall be from 12:30 p.m.. until 8:30 p.m. On Wednesdays when Mother is not working, Mother's custodial schedule shall be from 12:30 p.m. until 5:30 p.m. in order to accommodate Jordan's participation in Head Start from 6:00 p.m. to 7:00 p.m. When the school is dismissed for the summer recess, Mother's weekday periods of custody during which she is off work shall be 9:00 a.m. until 8:30 p.m. B. If Mother does not have to work on the weekend, such as occurs on week 2 of her current work schedule, Mother's period of custody shall be from 5:30 p.m. Friday until 8:30 p.m. Sunday. ¥1NVA'IASNi'~8 £t~'lC')'NOHlO~d ~I'11 "40 NO. 04-880 CIVIL TERM C. When Mother is off work on Sunday, but has worked the previous Saturday, such as occurs on week 3 of her present work schedule, Mother's custodial period shall be from 9:00 a.m. until 8:30 p.m. 3. Transportation. Mother will provide transportation by picking up the children at the beginning of her period of custody. The parties will share transportation at the ending of Mother's custodial periods by meeting at the Plainfield Unimart for those periods of custody that end at 8:30 p.m. and at the Saylor's Market for those periods of custody which end at 5:30 p.m. on Wednesdays. 4. The Custody Conciliation Conference shall reconvene on Thursday, June 24, 2004, at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. Dist: BY THE COURT: Ruby D. Weeks, Esquire, 10 W, High Street, Carlisle, PA 17013 Mark A. Mateya, Esquire, P.O. Box 127, Boiling Springs, PA 17007 ? JASON E. SMITH, Plaintiff SHARON L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-880 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY .CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the clhild who is the subject of this litigation is as follows: NAME DATE OF BIRTH Colton William Francis Smith February 27, 1998 Jordan Edward Michael Smith January 29, 2000 .CURRENTLY IN THE CUSTODY OF Father Father 2. A Custody Conciliation Conference was he!lC on April 22, 2004 following Mother's filing of a Petition for Modification on March 22, ,_004. This was the parties' first Custody Conciliation Conference in Pennsylvania. Jurisdiction was changed to Pennsylvania by Order of Court on March 1, 2004. The mat/er had previously been subject to an April 30, 2002 Order from Indiana. Present for the conference were: the Father, Jason E. Smith, and his counsel, Ruby D. Weeks, Esquire; the Mother, Sharon L. Smith, and her counsel, Mark A. Mateya, Esquire. 3. The parties reached an agreement in the/~n Order as attached. 'ssa Peel Greevy, Esquire Custody Conciliator :227936 JASON E. SMITH, Plaintiff SHARON L. SMITH, Defendant AUG 200, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-880 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY OLER, J. --- ORDER OF COURT AND NOW, this [~ ~ day of August, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. ~. Jason E. Smith and Sharon L. Smith shall have shared legal custody of the minor children, Colton William Francis Smith, born February 27, 1998, and Jordon Edward Michael Smith, born January 29, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. ~ Custody. The Father shall have primary physical custody subject to Mother's rights of partial custody which shall be arranged as follows: A. When Mother is off two (2) consecutive, weekdays, her custodial period shall begin at 3:30 p.m. on the first day that she is off work and continue until 7:30 p.m. the following day. For example, if Mother is off on Wednesday and Thursday, her custodial period will begin at 3:30 p.m. Wednesday and continue until 7:30 p.m. Thursday. If Mother is off Friday only, her custodial period shall be from 3:30 p.m. to 7:30 p.m. When Mother is off only on Sunday, her custodial period will be from 9:00 a.m. to 7:30 p.m. B. If Mother does not have to work on the weekend, Mother's period of custody shall be from 3:30 p.m. Friday until ;':30 p.m. Sunday. NO. 04-880 CIVIL TERM 3. ~. Mother will provide transportation by picking up the children at the beginning of her period of custody. The parties will share transportation at the ending of Mother's custodial periods by meeting at the Plainfield Unimart for those periods of custody that end at 8:30 p.m. and at the Saylor's Market for those periods of custody which end at 5:30 p.m. on Wednesdays. schedule: The following holiday schedule shall take precedence over the regular A. ~. The parties will alternate the following holidays commencing with Mother having custody for Labor Day 2004: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. The custodial period for these holidays shall be from 9:00 a.m. to 7:30 p.m. B. Mother's Day / Father's Da~. Mother shall have custody for Mother's Day. Father shall have custody for Fatlher's Day. The custodial period for these holidays shall be from 9:00 a.m. to 7':30 p.m. C. Christmas. Each year, Father will have custody from December 24th at 9:00 a.m. until December 25th at 9:00 a.m. Each year, Mother will have custody from December 25th at 9:00 a.m. until December 27th at 9:00 a.m. 5. Vacation. Commencing in Summer 2005, each party shall be entitled to four (4) weeks of ~;ustody for purposes of vacation to occur during the Summer school recess. Not more than two (2) of these weeks shall be consecutivE;. The parties will provide each other notice of their intended vacation pans by Ma- 1st of L _ vacation. Yotice sh;l~'ch ye.ar. In the event of a scheduling conflict, the parent first providing written n nave the choice of Summer 6. ~. Mother shall be entitled to reasonable telephone contact with the children when they are in Father's custody. At minimum, Father will make the children available to speak with their Mother when she calls on Wednesday evenings at 7:30 p.m. NO. 04-880 CIVIL TERM 7. This Order is entered by the mutual agreement of the parties. However, the parties may deviate from this Order by their mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. Oist: BY THE COURT: /J. Wes,e i , ~uuby D. Weeks, Esquire, 10 W. High Street, Carlisle, PA 17013 ,-~'rk A. Mateya, Esquire, P.O. Box 127, Boiling Springs, PA 17007 v' JASON E. SMITH, Plaintiff SHARON L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-880 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits thE; following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: _NAME Colton William Francis Smith Jordan Edward Michael Smith DATE OF BIRTH February 27, 1998 January 29, 2000 .CURRENTLY IN THE CUSTODY OF Father Father 2. The parties' second Custody Conciliation Conference was held on August 5, 2004. Present for the conference were: the Father, Jason E. Smith, and his counsel, Ruby D. Weeks, Esquire; the Mother, Sharon L. Smith, and her counsel, Mark A. Mateya, Esquire· 3. The parties reached an agreement in the form of an Order as attached. Date · a Peel Greevy, Esquire ! Custody Conciliator :233544 Jane Adams ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esqadams@gmail.com JASON E. SMITH, Plaintiff vs. _ t ILED-OFF10E { t`IE PROTHONOTARY TORR JUL 00 P11 f: 30 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04 - 880 Civil Term SHARON L. SMITH, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND CONTEMPT AND NOW, comes Defendant/Petitioner, Sharon L. Smith, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Petitioner, Sharon L. Smith, (hereinafter referred to as "Mother"), is the Defendant in the above -captioned matter, and is an adult individual currently residing at 783 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013.. She lives with a friend, Sandra Fanus. 2. Plaintiff, Jason E. Smith, (hereinafter referred to as "Father"), is the Plaintiff in the above -captioned matter, and is currently residing at 549 Greenfield Drive, Chambersburg, Franklin County, Pennsylvania, 17202. 3. The parties are the natural parents of two children, namely, Colton William Francis Smith, born February 27, 1998 and Jordon Edward Michael Smith, born January 29, 2000. 4. The parties are subject to a stipulation and an Order of Court, dated August 14, 2004, which was filed under the above -captioned matter, whereby Father has primary physical custody of the two children, and Mother has periods of partial physical custody. 162.00 R-ei- 3crirS, 5. The prior court Order of August 14, 2004 provides that the parties have shared legal custody of the two children. 6. Or about February 25, 2004, the oldest child, Colton got into "trouble" at Father's home after which his step -mother yelled at him. He left the home and then started walking on Route 30, so was picked up by police on Route 81 then returned home. Father and step -mother were unaware that he left. 7. On July 17, 2014, Mother got a phone call from the child asking her to pick him up, and that Father had indicated the child would be going with Mother for at least the rest of the summer. 8. On July 17, 2014, Mother went to Father's home to pick the child up. Step- mother indicated that the child had burned a chair in the woods, and that he was kicked out of the home and was not allowed to take any of his possessions. Mother took the child to have burns on his legs checked out by a doctor on July 19, 2014. 9. On July 20, 2014, Father said there was a change of plans, and that the child should come home. He then indicated that he was sending the child to his relatives in Indiana for the rest of the summer, and would not disclose where the child was going. Mother did return to the child in compliance with the court order. 10. Mother is requesting a modification of custody because: (a)There is substantial conflict between the older child, Colton, and the Father and Step -mother in Father's home. (b)The child has repeatedly asked to come to live with Mother because he says that he can "be himself" there, and there is Tess pressure on him at mother's home. (c)The child has repeatedly exhibits behaviors in while he has lived in Father's home which tend to demonstrate that he is anguish due to the domestic situation in the home. Such behaviors include cutting, setting a fire, and running away. The child has indicated numerous times that he does not want to live there anymore. (d)Mother has not observed said behaviors in her home and the Child is relaxed and respectful to her in her home. 11. Mother is requesting a modification of custody, specifically that, she have primary physical custody of Colton. 12. Mother is requesting that Father be found in contempt because: (a) On or about July 20, 2014, Father sent the child to be with Relatives in Indiana. He would not tell Mother where the child was going, when he was coming back, or who the child would be living with. (b)Father did not offer any additional time to Mother, but rather sent the child away without Mother's consent. (c)During the time the child is in Indiana Mother will have no periods of Partial physical custody and most likely no or very little contact with the Child. (d)Father is in contempt of the prior court Order provisions regarding both legal and physical custody. 13. Mother is requesting the following relief: (a) that the court Order be amended to provide that Mother have primary physical custody of Colton Smith. (b) that the Father be ordered to immediately return the child from Indiana to Mother. (c)that Father immediately disclose the name, address and phone number of the relative with which the child has been living. (d)that due to his contempt, that Father be ordered to pay Mother's attorney and filing fees in the amount of approximately $1000. (e)any other relief deemed appropriate. 14. It would be in the best interest of the children to modify this Order because a the current Order does not adequately provide for the safety of and mental health and well being of the older child, Colton Smith. 15. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition, namely, that Mother have primary custody of the older child and she be granted the other relief requested due to Father's contempt of the prior court Order. WHEREFORE, Plaintiff requests the court to set a conciliation date and modify the custody order regarding custody of the children, and find Father in contempt of the current court Order. Date: 7• 2.. • Respectfully submitted, dams, Esquire o. 79465 est South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER Sharon L. Smith VERIFICATION I verify that the statements made in this Petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 641405, cRe 41 Sharon L. Smith, Petitioner JASON E. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA, vs. : No. 04 - 880 Civil Tenn zCD c r - SHARON L. SMITH, : CIVIL ACTION - LAW -> c Defendant IN CUSTODY co -D 3="() =c:3 CRIMINAL RECORD 1 ABUSE HISTORY VERIFICATION v `" 0) cD I, SHARON L. SMITH, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or plead no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of All that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) Sentence a Check Crime Self /Other Date of All that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape). 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relatirig to sexual assault Sentence Check Crime Self /Other Date of All that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 (relating to conduct Relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and relating offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) Sentence 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d)(relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minors) 18 Pa.C.S. §6320 (relating to sexual exploitation of children 23 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, — LI delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply A finding of abuse by Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: Self Other household members Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other parry's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 7 iSt 5 ) 9 a ) +.f \-)0,r o r\ 1. 5 01 ,' -I- 1, rinted Name JASON E. SMITH PLAINTIFF V. SHARON L. SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF-, -t' . CUMBERLAND COUNTY, PENNSYLVANrig al -am CD 2004-880 CIVIL ACTION LAW r—=r --tp L �] IN CUSTODYc� tv ,,,-{ Fri ORDER OF COURT AND NOW, Thursday, July 31, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor , Cumberland County Courthouse, Carlisle on Thursday, September 04, 2014 9:30 AM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq/p Custody Conciliator 1" 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. t' e5 A -damns el. a pl-E7' g /r Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JASON E. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHARON L. SMITH, : NO. 2004 - 880 CIVIL TERM Defendant : IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Jason E. Smith, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that Crime Self Other Date of conviction, Sentence apply household guilty plea, no contest member plea or pending charges [] 18 Pa.C.S. Ch. 25 [] [] (relating to criminal homicide) fl 18 Pa.C.S. § 2702 [] [] (relating to aggravated assault) [] 18 Pa.C.S. § 2706 [] [] (relating to terroristic threats) (.') [] 18 Pa.C.S. § 2709.1 [] [] (relating to stalking) rrl rn G7 r- [1 18 Pa.C.S. § 2901 [] [] r>. (relating to kidnapping) <C) 2Ac-) = Gy [] 18 Pa.C.S. § 2902 [] [] --,�.: (relating to unlawful restraint) [] 18 Pa.C.S. § 2903 [] [] (relating to false imprisonment) [] 18 Pa.C.S. § 2910 [] [] (relating to luring a child into a motor vehicle or structure) [] 18 Pa.C.S. § 3121 [] [] (relating to rape) III [] [1 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. § 3124.1 (relating to sexual assault) 18 Pa.C.S. § 3125 (relating to aggravated indecent assault) 18 Pa.C.S. § 3126 (relating to indecent assault) 18 Pa.C.S. § 3127 (relating to indecent exposure) 18 Pa.C.S. § 3129 (relating to sexual intercourse with animal) 18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. § 3301 (relating to arson and related offenses) 18 Pa.C.S. § 4302 (relating to incest) 18 Pa.C.S. § 4303 (relating to concealing death of child) 18 Pa.C.S. 5 4304 (relating to endangering welfare of children) 18 Pa.C.S. § 4305 (relating to dealing in infant children) 18 Pa.C.S. § 5902(b) (relating to prostitution and related offenses) [] 18 Pa.C.S. § 5903(c) or (d) [] [] (relating to obscene and other sexual materials and performances) [] 18 Pa.C.S. § 6301 [] [] (relating to corruption of minors) [] 18 Pa.C.S. § 6312 [] [] (relating to sexual abuse of children) [] 18 Pa.C.S. § 6318 [] [] (relating to unlawful contact with minor) [] 18 Pa.C.S. § 6320 [] [] (relating to sexual exploitation of children) [] 23 Pa.C.S. § 6114 [] [] (relating to contempt for violation of protection order or agreement) [] Driving under the influence of drugs or alcohol [] Manufacture, sale, delivery, [] [] holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that Self Other Date apply household member [] [] [] A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: n/a I verify that the information above is true and correct to the best of my knowledge, information or belief. I understa0 that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to a fliorities. ignature Jason E. Smith Printed NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JASON E. SMITH, v. SHARON L. SMITH, Plaintiff ;LEO -OF. HC HE PROTHONOTARY R 2014 AUG 26 PH 2: 4 9 CUMrBERLAND- COUNTY : IN THE COiL'If N PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 - 880 CIVIL TERM Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the Plaintiff, JASON E. SMITH, in the above -captioned matter. Dated: August , 2014 BY: Respectfully WOLF & bmitted, LF NAT `TN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JASON E. SMITH, Plaintiff v. SHARON L. SMITH, Defendant i';LEU-OFHC._. THE PROTHONOTARY 2011i AUG 26 NI 1:16 CUMBERLAND COUNT`( : IN THE COURV8 S( kI N PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 - 880 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy the Praecipe to Enter Appearance in the above -captioned matter on the date indicated, upon the following individual, by United States First Class mail: Jane E. Adams, Esquire 17 West South Street Carlisle, PA 17013 (Served August 26, 2014) Dated: Augu`l., , 2014 B WOLF & WO F, Attorneys at Law Nat C. Wolf, Esquire 10High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff , JASON E. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2004-880 CIVIL ACTION -LAW SHARON L. SMITH, : Defendant : IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley Oler COURT ORDER AND NOW,this/L/ (,/ day of October,2014,upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Orders of Court entered in this case are vacated and replaced with the following Order: 1. The father,Jason E. Smith, and the mother, Sharon L. Smith, shall enjoy shared legal custody of Colton William Francis Smith,born February 27, 1998 and Jordon Edward Michael Smith, born January 29, 2000. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy periods of partial physical custody of the minor children as follows: A. For October,November,and December of 2014,mother shall have custody on one weekend per month from Friday at 4:30 p.m.until Sunday at 6:30 p.m.The parties shall work with each other with respect to selecting a weekend in November and December with the understanding that mother's weekend in October shall be the weekend of October 24. B. For the upcoming Thanksgiving holiday,mother shall have custody from 8:00 p.m.on the Wednesday prior to Thanksgiving until 2:00 p.m.on Thanksgiving Day. C. For the upcoming Christmas holiday, mother shall have custody the Tuesday before Christmas from 8:00 p.m. until Christmas Eve at 10:00 p.m. D. It is also understood that mother shall have custody on her birthday which is November 30th. E. At such other times as the parties agree. 4. Legal counsel for the parties shall conduct another Custody Conciliation via telephone conference with the Custody Conciliator on Thursday, January 8, 2014, at 8:00 a.m. Assuming mother abides by the schedule set forth above,it is anticipated that mother's periods of partial physical custody with the minor children may be expanded depending upon the circumstances. 5. Both parents shall share with the other parent all information concerning the children's schooling and health issues and, specifically,the counseling issues involving Colton. 6. It is noted that the children currently reside in Franklin County. In the event there is any hearing required by this Court,the Court may evaluate whether this case should be transferred to Franklin County pursuant to appropriate Rules of Civil Procedure. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, /Ak- /C- J. Wesley Oler, Judge cc: — Jane Adams, Esquire Nathan C. Wolf, Esquire eo&yes Ma• e /404v. -037rn co CD r. =70 —i -urn G!)1 — LJ p CAc) ; < 300 JASON E. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2004-880 CIVIL ACTION - LAW SHARON L. SMITH, • Defendant : IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley Oler CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Colton William Francis Smith, born February 27, 1998 and Jordon Edward Michael Smith,born January 29, 2000. 2. A Conciliation Conference was held on October 7, 2014, with the following individuals in attendance: The father,Jason E.Smith,with his counsel,Nathan C.Wolf,Esquire,and the mother, Sharon L. Smith, with her counsel, Jane Adams,Esquire. P Y 3. The parties agree to the entry of an Order in the form as attached. Date: October ` , 2014 /1 Hubert X. Gilroy, squire Custody Conci '.tor