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HomeMy WebLinkAbout04-0971 JULIE FULLER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. NO. D'I~q71 CIVIL TERM DREW SMITH Defendant CIVIL ACTION-LAW COMPLAINT FOR CUSTODY 1. The Plaintiff is Julie Fuller, residing at 2104 Wentworth Drive, Camp Hill, Cumberland County, Pennsylvania. She resides with her son, Dakotah Smith, the subject miner child. 2. The Defendant is Drew Smith, with a last known address of 206 Berkley Drive, Mechanicsburg, Cumberland County, Pennsylvania. He had resided with his parents, Peggy and Clarence Chriss. 3. The Plaintiff seeks custody of the following child: Name Present Residence Age Dakotah Smith 2104 Wentworth Drive, Camp Hill, PA 5 years The child was born on September 17, 1998. Mother and Father currently share physical custody of the subject miner child. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date a. Julie Smith Drew Smith 9 Grenada St., Fort Bragg, NC 1/2000 to 5/2002 b. Julie Fuller Drew Smith 117 Feldspar Drive, Fayetteville, NC 5/2002 to 12/2002 9 Grenada St., Fort Bragg, NC c. Julie Fuller 232 S. 3rd St., 2nd Fl, Lemoyne, PA 1/2003 to 2/2004 d. Julie Fuller Drew Smith 2104 Wentworth Drive, Camp Hill, PA 2/2004-Present 206 Berkley Dr., Mechanicsburg, PA 1/2003-Present 4. The relationship of Plaintiff to the child is that of Mother. The Mother of the child is Julie Fuller, currently residing at 2104 Wentworth Drive, Camp Hill, PA. She is not married. 5. The relationship of Defendant to the child is that of Father. The Father of the child is Drew Smith, with a last known address of 206 Berkley Drive, Mechanicsburg, Pennsylvania. He is married. 6. The Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in another court, namely a custody action in Cumberland County Family Court in Fayetteville, North Carolina in November, 2002. A copy of the Court Order is attached as 'Exhibit K a. The court ordered shared legal custody of the parties' minor child, Dakotah Smith. b. The court ordered that his mother, Julie Fuller, shall have pnmary physical custody of the subject minor child for as long as the parties live in North Carolina, and for any time that one parent would be residing in Pennsylvania and the other parent would be residing in North Carolina. c. The court ordered that the parties would share physical custody of the subject minor child once both parents reside in Pennsylvania. 7. Pennsylvania courts have jurisdiction over this matter pursuant to the Uniform Child Custody Jurisdiction Act, 23 Pa.C.S.A. ~ 5341 et seq. 8. A court of this Commonwealth may modify a custody decree from another state pursuant to 23 Pa.C.S.A. ~ 5355. 9. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 10. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The best interest and permanent welfare of the child will be served by granting the relief requested. 12. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff prays that This Honorable Court modify the North Carolina court order to grant her primary physical custody of their child, Dakotah Smith, and to grant the Defendant periods of partial custody on an every other weekend basis. Respectfully submitted, ABOM & KUTULAKIS, L.L.R ~ i~ jo...fr ra W Haggerty, Esq . e I D. #86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ILw ;.-) Date: :~ .5' -ulj -I' /'I' (c'" ~---~ 3-;-,L\TE OF NORTH CARO,- C-jUNTY OF CUMBERLAND He No. ,--_ -CVD-006767 IN THE GENERAL COURT OF JUSTICE Family Court Division i I Plailllill' I Smith, Drew , Order Adopting Parenting Agreement L V5. i Oc/clldI1!l{ File Dale: 06/29/2002 I Smith, Julie I Cumberland County Family Court Local Rules I . This m8tter involves issues relating to child custody or visitation, TIle parties were ordered to participate in the Courts' , mediation program for custody and visitation disputes, The parties were successful in reaching a mediated parentin~i '. agreement which resolves the dispute, The parties have been provided an opportunity to review their parenting . agreement with tlleir attorneys, if any, and anyone else of their choice, Each party has now acknowledged that the Court should enter an order making their parenting agreement an order of the Court. The parties' parenting agreement has " been reviewed by the Court. No good reason has been shown as to why the parenting agreement should not be made I into a court orrier , , 1 JUDICIAL FINDINGS ~ The Court finds that for the six (6) montlls rreceding the filing of this action that. : il(J The plaintiff was a resident of NOR THe A R 0 LI N,~ (enter state), J Q(J The defendant was a resident of NORTH CAROLINA (enters/ate). i IlD The child(ren) was/were resident(s) of NORTH C ARO LI N A (enter state). 10 Other , . Based on the foregoing findings, the Court concludes that it has jurisdiction of the parties and subject matter, and thai it is I authorized to make a child custody determination under the provisions of G,S, 50-13 (c) and G,S, 50A-3(1), ! ! The Court further concludes that it would be in the best interest of the child(ren) that the parenting agreement of the ! parties be incorporated into an order of the Court, , , lilT IS ORDERED that the parties' parenting agreement, a copy of whiell is attached, is incorporated and becomer; m; u,der i of this Court. The parties may by mutua! agreement re-enter the court's mediation program without a furtller GotH t OICiel, I provided that any modification agreement be submitted to the court for its approval. A filed copy of this Order sl1811 ire I mailed 10 the parties and their counsel. i ALL PARTIES ARE NOTIFIED that It is a FELONY for any person to take or transport, or cause to be taken or 1 transported, (any of) the minor child(ren) included in this Order, outside the state, or to keep the child(ren) outside the l state with the intent to violate this Court Order, and such action shall be subject any such person to criminal prosecution , I under the provisions of G,S, 14-320,1, Ie Cumberland County Family Court/Mediation ~ivision P.O. Box 363 Fayetteville, NC 28302 Telephone' (910) 678-2920 Fax: (910) 829-4101 Inn'c; i I z- 5' /0 L--- Nomc o( /;.'I'~ii~':b~th Keever Sig7ft [',c,iding Judgc, ,)C.f2~ Copies of this Order have been distributed to the following: ~ Edwards, Timothy, D/Smith, Drew Kelly. Colleen/Smith. Julie EXHIBIT A ",'-'r,'''''','C ,"" \,,~ i '. ,_.,_, .." I.' ,./('asrI1'i,I'P-]J0I11(',I'tidM nir III rrgr/CM f'/f.. doc RC'I'is('rf O.?/(J] STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE CUMBERLAND COUNTY DISTRICT COURT DNISION FILE NO.: 02-CVD-6767 and ] ] ] ] ] ] ] ] ] PARENTING AGREEMENT SMITH, DREW PARENT SMITH, .TULlE PARENT The following is a Parenting Agreement made by Drew Smith (Father) and Julie Smith (Mother), the parents ofDakotah Smith (Borll September 17,1998). This agreement reflects both parents' beliefthat it is in the best interest of Dalwtah to share as full a relationship as possible with each parent, and for both parents to have input into decision-making regarding Dakotah's welfare. These agreements reflect a carefully balanced package, which considers parental needs and abilities, as well as the developmental needs of their child. A. Residence: Both parents agree that Dakotah will continue to reside with his Mother, who will have primary care and supervision of him, B. Decision-Making: Parents agree to sharejointly in making the decisions, as often as possible, in reference to the major areas ofparcnting, and specifically: 1, The parents agree that whichever parent Dalwtah is with, that parent has the right 10 make the day-to-day decisions for him, In matters of more consequence with long-lasting significance, these issues will be discussed between parents in an effort to resolve them by mutual agreement In the event that the parents cannot agree, they agree to seek assistance from a relevant professional or retum to mediation. 2, Both parents shall have full and complete access to school records and information, right ofpaliicipation in school conferences, events and extra curricula activities, and right to consult with teachers, counselors and other school personnel. Further, parents agree to keep each other notified and infol111ed of these events and activities, PAGEJOF3 FILE NO.: 02-CYD-6767 3. Both parents agree Mother shall send Father a copy of the school schedule, inf01111ation about school pictures, and a copy of the rep0l1 cards of Dakotah within five (5) days of receiving them. 4, Both parents shall have the right to authorize medical treatment if needed, right of full and complete access to medical records and infonnation, and to consult with physicians and other medical practitioners, 5, The parents recognize the importance of sharing inf01111ation between households as it relates to Dakotah. Infonnation shall include but is not limited to the general health, education, welfare and progress of Dakotah, specifically, illnesses, medical treatments, appointments and hosp:taliza:ions. 6. The parents agree to notify the other of the following: a, any emergency involving Dakotah as soon as it is safe to do so, b. any change in home address, home phone number or employment phone number within forty-eight (48) hours, so long as such infonnation is not used to harass the other. c. if either should take Dakotah out of the area for ovemight travel or vacation, and provide a contact number to be uscd in case of an emergency. 7. The parents agree that if either of them should move out of the area, thus making the parent agreement impractical, they agree to give each other at least sixty (60) days' notice and meet prior to such a move to attempt to draft a new parenting plan, C. Time-Sharing: 1, Both parents agree that time-sharing should be in two phascs: a. Phase 1 will be that period when Mother is rcsiding in Pennsylvania and Father is still located at Fort Bragg. During this period timc-sharing will be flexible and mutually agreed upon by both parents and Father agrees to give Mother seven (7) days notice prior tu iilllc-Sl1ai;ii~. b. Phase two will be after both parents reside in Pennsylvania, At that time both parents agree that primary care and supervision by Mother will become shared physical custody by both parents, They will achieve shared physical by each having Dakotah for a week at a lime. The change over day will be detenllined at a later date by the parents, 2. The parents understand that they may make changes to the schcdule as well as arrange for additional time provided the changes are by mutual consent. In the event that they do not both agree to any changes this schedule will remain in place, PAGE 2 OF 3 FILE NO,: 02-C\lD-6767 0, Holidays/Special Occasions/Summer: Holidays will be shared between parents with thc understanding that the holiday and vacation schedule supersedes the regular schedule, Holidays are based on local public school calendar. I, Christmas, Thanksgh'ing and Eastcr: Both parents agree that they will decide how each will celebrate these holidays with Dakolah thil1y (30) days prior to each holiday, In the event they cannot decide starting in 2003, Father will celebrate Christmas with Dakolah in odd numbered years, Mother in even, Mothcr will cc!cbrate Thanksgiving with Dakolah in odd numbered years, Father in even. Mother will celebrate Easter with Dakotah in o':id nUl11bered YI~ars, F8.thcr in even. 2, Bil.thday (Dakotah): Both parents agree to celcbratc Dakolilh 's biI1hday with him, his or her closest time-share to Dakolah 's birthday, 3, Mother's/Father's Day: Both parents agree Dakolilh will celebrate this occasion with the honored parenL 4. Summer: Both parents agree to continue their regular schedule during the summer and decide any extended time with Dakolah on a case-by-case basis thirty (30) days prior to the extcnded time-share, E, Parents are aware that this agreement may need to be modified as their situations change and the Dakolah grows oldcr. Parents will attempt to resolve any disputes through mutual discussion or by a return to mediation. An appointment may be scheduled directly with the mediation stafr Thercafter, a motion must be filed with the Court. F, The Cumberland County Sheriff, his deputy aud other appropriatc law cnforcemcnt officials, are ordercd and directcd to assist the litigants, iu any way, to peacefully cnforce the provisions ofthis Order. (~J l.j_ ~~;f, -~~rY! (Q7~ Parent / I -;:14 -,A -'l f I -~ -"--'-'--0'- Date ~ P~nt /1- 2..~- o"L Date ;37J~M1 j6-P~!~ District c~ii?t Judge Presiding 11/2 ,r/O. PAGE 3 OF 3 .;:J 2-.-, MAR-05-2004 FRI 02:39 PM PEDIATRICS 03/04/2884 23:49 71724~3344 FAX NO, 5310708 ABClM KUTULAKI5 p, 03 PAGE 11 VERJPICA'UON I, Julie Fullet, he(eby verify iliat the fact.s set forth in the: foregoing Custody Complaint are true and COrrect to the best of my knowledge, information IInd belief: I understand that false statements herein al:e made subject to the penalties of 18 Fa.eS. ~4904, tclatirtg to unsworn faloification to authorities. Date: 3/610L/ ~~tI r) 0 _. 'cf ~ ~ 2tc Julie Fuller ------._,-_.,~ .-....-.--.-..-. JULIE FULLER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNA v. NO. CIVIL TERM DREW SMITH Defendant CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW; this 5th day of March, 2004, I, Kara w: Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint by placing or causing to be placed said copy in the United States Mail, to Defendant, addressed as follows: Drew Smith C/o Chriss 206 Berkley Drive Mechanicsburg, PA 17055 Date: ;) ~.:;;- - () '1 ~\ n ~~ r kwN Zara w: Haggerty, Eso.rire Attorney I.D. No. 869~4 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attornry for Plaintiff ~ J /''::0 f'0 ~ '----- ~ L.~ C> ()(\ "- ~\ 'i-' ("') c" ....-. -...~- 5::;; :''0 I en ..~ r" ~\.) t.."j "" r:;::-> (:~, -Co- C~ -Ti =-~ h'lfTl :-Cj!.If c.;~~ JULIE FULLER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. NO. O~-171 CNIL TERM DREW SMITH Defendant CIVIL ACTION-LAW PETITION FOR SPECIAL RELIEF. PURSUANT TO 42 Pa.C.S.A. ~1915.13 1. The Plaintiff is Julie Fuller (hereinafter Mother), an adult individual residing at 2104 Wentworth Drive, Camp Hill, Cumberland County, Pennsylvania 2. The Defendant is Drew Smith (hereinafter Father), an adult with a last known address of 206 Berkley Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The child's name is Dakotah Smith (hereinafter Child), born September 17,1998, age 5. 4. The Plaintiff is the natural Mother of the child. 5. The Defendant is the natural Father of the child. 6. The parties are divorced and living in separate residences. 7. The Plaintiff has filed a Custody Complaint seeking custody of the subject minor child. 8. There is a prior custody in effect with respect to this child from the County of Cumberland, Fayetteville, North Carolina. A copy of said order is attached hereto as "Exhibit ,N'. 9. In November 2002, the Cumberland County Family Court in North Carolina, granted primary physical custody of the subject minor child to Mother/Plaintiff until such a time that both parties resided in Pennsylvania. 10. Plaintiff and the subject minor child moved to Pennsylvania In December 2002. Defendant was already residing in Pennsylvania at that time. 11. The subject minor child was born with a Mucolipidoses Type II, also known as I-cell disease, a progressive disorder where lipids build up in the tissues of the body and break the body down, causing joint contractures where the child cannot fully extend his arms and legs because his joints have hardened. As a result of this condition, the subject minor child also was diagnosed with scoliosis. The subject minor child was also diagnosed with aortic heart valve where his blood regurgitates back into his heart and, if infected, could also infect his heart. As a result of these conditions, the subject minor child is developmentally behind in his physical, occupational, and speech behaviors. 12. On February 16, 2004, the subject minor child was admitted to Hershey Medical Center for back surgery to undergo a spinal fusion. 13. On February 25, 2004, the subject minor child was discharged to the Defendant. 14. On February 27, 2004, while in the Defendant's custody, the subject minor child suffered from a fever of 102.50F and the Defendant did not call the doctor as per the discharge instructions. The discharge instructions are atrached here as "Exhibit B". 15. On February 28, 2004, the Defendant took the subject minor child to the Emergency Room where he was readmitted to the hospital for an infection in his back. 16. On February 29, 2004, the subject minor child underwent emergency surgery to remove the infection, a vacuum was inserted, and the incision was left open to remove additional fluid and infection. 17. The subject minor child remains hospitalized at the Hershey Medical Center Children's Hospital. 18. The subject minor child will be discharged with drainage bags and a PIC line inserted that will require care and attention. 19. The subject minor child will be confined to a wheelchair upon discharge. 20. Plaintiff has concerns of Defendant's failure to follow discharge instructions provided by Hershey Medical Center. 21. While subject minor child is in Defendant's care, Defendant leaves subject minor child in the care and custody of his parents, the paternal grandparents. 22. Defendant has refused to allow Plaintiff any visitation during his weeks of physical custody. Defendant has also limited telephone access to the subject minor child while he is in Defendant's care. 23. Defendant does not communicate with Plaintiff regarding the subject minor child. 24. Defendant refuses to remain in the same location as the Plaintiff, even going to the extent of leaving the subject minor child's hospital room if Plaintiff is there. 25. Defendant refuses to give the subject minor child his medicine for acid reflux. 26. Plaintiff does not have Defendant's current address. 27. It is Plaintiff's understanding, if the subject minor child is released from the hospital to Defendant's care, that the paternal grandparents' assistant, a real estate secretary, will be caring for the subject minor child during the work day. 28. Plaintiff is concerned about the specialized care and treatment that will be required of the subject minor child upon his discharge from the hospital. 29. Undersigned counsel is not aware that Father is represented by counsel in this matter. WHEREFORE, the Plaintiff requests that This Honorable Court set up a brief hearing to review the allegations in this emergency petition and award Plaintiff primary physical custody of the subject minor child pending a conciliation conference. Respectfully submitted, Date: March 5, 2004 Abom & Kutulakis, L.L.P. ~'^~1h I ~" '~ j(~)-( -iJ;w Haggerty, Esquir.: Attorney 1.0. No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff -_,it /""1 (c', L ST,L\TE OF NO'RTH CAROL. CjUNTY OF CUMBERLAND l ileNo c'_-CVD-006767 , , I I Plainfl/r I Smith, Drew i r-/)'("7;'nrld.'lf I Smith, Julie ,I - ! This matter involves issues relating to child custody or visitation, The parties were ordered to participate in the Courls' ~ mediation program for custody and visitation disputes, The parties were successful in reaching a mediated parentin[; ~ agreement which resolves the dispute, The parties have been provided an opportunity to review their parenting agreement with their attorneys, if any, and anyone etse of their choice, Each party has now acknowledged that the Court should enter an order making their parenting agreement an order of the Court. The parties' parenting agreement has .! been reviewed by the Court. No good reason has been shown as to why the parenting agreement should not be maci8 ~ into a court orrier I I JUDICIAL FINDINGS: i The Court finds that for the six (6) months preceding the filing of this action that: ! ~ The plaintiff was a resident of NOR THe A RO LI N ,A (enler slate), i IlO The defendant was a resident of NORTH CAROLINA (enler stale). i ~ The child(ren) was/were residentNof NO RTH CARD LI N A (enter state). ! 0 Other I i Based on the foregoing findings, the Court concludes that it has jurisdiction of the parties and subject matter, and that it is i authorized to make a child custody determination under tile provisions of G,S, 50-13 (c) and G,S, 50A-3(1), I i The Court further concludes that it woutd be in the best interest of the child(ren) that the parenting agreement of the ! parlies be incorporated into an order of the Court, . , I' IT IS ORDERED thai the parties' parenting agreement, a copy of whicll is attached, is incorporated and becomes ~n orrier , of tllis Court. The parties may by mutual agreement re-enter the cOllrt's mediation program without a furthor COlli i UJcJCI, , provided that any modification agreement be submitted to the court for its approval. A filed copy of this Order shall he , mailed to the parties and their counsel. IN THE GENERAL COURT OF JUSTICE Family Court Division Order Adopting Parenting Agreement vs. File Dale: 08/29/2002 Cumberland County Family Court Local Rules " I ALL PARTIES ARE NOTIFIED that it is a FELONY for any person to take or transport, or cause to be taken or " transported, (any of) the minor child(ren) included in this Order, outside the state, or 10 keep the child(ren) outside the state With the Intent to Violate thiS Court Order, and such action shat! be subject any such person to Criminal prosecution under the provisions of G ,S, 14-320,1, -l ~L Cumberland County Family Court/Medialion Division P.O, Box 363 Fayetteville, NC 28302 Telephone: (910) 678-2920 Fax: (910) 829-4101 vale/ i I z ~ } () l- NO"'r ol/~:';~Ii~':beth Keever Sig7!FJ;=,~g Ldz )c.J2__L'U-{,~ Copies of this Order have been distriouted to the following: v- -- (j - Edwards, Timothy, D/Smith, Drew Kclly, Colleen/Smith. Julie EXHIBIT A ("('r(".rr-()l.: !:/CnF'I1'ist'-/JOI/7('SI (rIMa;1 Afrrgc/C^ f /'.'/ .llne R('l'i.\Td O_?/fU STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE CUMBERLAND COUNTY DISTRICT COURT DIVISION FILE NO.: 02-CVD-G7G7 and ] ] ] ] ] ] ] ] ] PARENTING AGREEMENT SMITH, DREW PARENT SMITH, JULIE PARENT The following is a Parenting Agreement made by Drew Smith (Fatller) and Julie Smith (Motller), the parents ofDakotah Smith (Bo/'1l Septelllber17, 1998). This agreement reflects both parents' belief that it is in the best interest of Dakotah to share as full a relationship as possible with each parent, and for both parents to have input into decision-making regarding Dakotah's welfare. These agreements reflect a carefully balanced package, which considers parental needs and abilities, as well as the developmental needs of their child, A, Residence: Both parents agree that Dakotah will continue to reside with his Mothcr, who will have primary care and supervision of him, B. Decision-Making: Parents agree to sharejoilltly in making the decisions, as often as possible, in reference to the major areas ofparcnting, and specifically: 1, The parents agree that whichever parent Dakotah is with, that parent has the right to make the day-to-day decisions for him. In matters of more consequence with iong-lasting significance, these i,sues will be discussed between parents in an effort to resolve them by mutual agreement In the event that the parents cannot agree, they agree to seek assistance from a relevant professional or return to mediation, 2, Both parents shall have full and complete access to school records and infOlmation, right of pmiicipation in school conferences, events and extra CUlTicllla activities, and right to consult with teachers, cOllnsclors and othcr school personnel. Further, parents agree to keep each other notified and infol1l1ed of these events and activities, PAGE J OF3 FILE NO,: 02-CYD-6767 3, Both parents agree Mother shall send Father a copy of the school schedule, infomlation about school pictures, and a copy of the repoli cards of Dakotal1 within five (5) days of receiving them, 4, Both parents shall have the right to authorize medical treatment if needed, right of full and complete access to medical records and infonnation, and to consult with physicians and other medical practitioners. 5, The parents recognize the importance of sharing infonl1ation between households as it relates to Dakotah. Infonnation shall include but is not limited to the general health, education, welfare and progress of Dakotal1, specifically, illnesses, medical treatments, appointments and lwspitaliz:J.~ions. 6, The parents agree to notify the other of the following: a. any emergcncy involving Dakotah as soon as it is safe to do so, b. any change in home address, home phone number or employment phone number within forty-eight (48) hours, so long as such infonnation is not used to harass the other. c. ifeither should take Dokotah out of the area for overnight travel or vacation. and provide a contact number to be used in case of an emergency. 7. The parents agree that ifeither ofthem should move out of the area, thus making the parent agreemcnt impractical. they agree to give each other at least sixty (60) days' notice and meet prior to such a move to attempt to draft a new parenting plan. C. Time-Sharing: I. Both parents agree that time-sharing should be in two phases: a. Phase 1 will he that period when Mother is residing in Pennsylvania and Father is still located at Fort Bragg, During this period time-sharing will be flexible and mutually agreed upon by both parents and Father agrees to give Mother seven (7) days notice prior tU tinll:-Slia[liig. b, Phase two will be after both parents reside in Pennsylvania, At that time both parents agree that primary care and supervision by Mother will become shared physical custody by both parents. They will achieve shared physical by each having Dakotah for a week at a time, The change over day will be detenl1ined at a later date by the parents, 2, The parents understand that they may make changes to the schcdule as well as arrange for additional time provided the changes are by mutual consent. In the event that they do not both agree to any changes this schedule will remain in place. PAGE 2 OF 3 FILE NO,: 02-C\lD-6767 D. Holidays/Special Occasions/Summer: Holidays will be shared between parents with the understanding that the holiday and vacation schedule supersedes the regular schedule, Holidays are based on local public school calendar. 1, Christmas, Thanksgh'ing and Easter: Both parents agree that they will decide how each will celebrate these holidays with Dakolah thiliy (30) days prior to each holiday. In the event they cannot decide starting in 2003, Father will celebrate Christmas with Dakolah in odd numbered years. Mothcr in evcn, Mother will cclcbrate Thanksgiving with Dakotllh in odd numbered years, Father in even, Mother will celebrate Easter with Dako/all in odd numbered ~'cars, F9.thcr in Gvcn. 2, Birthday (Dakotah): Both parents agree to cclebrate Dakotah's birthday with him, his or her closest time-share to Dakotah 's birthday, }, Mothcr's/Fathcr's Day: Both parcnts agree Dakatah will celebrate this occasion wi lh thc honorcd parent. 4, Summer: Both parcnts agrce to continue their rcgular schcdule during the summcr and decide any cxtcnded time with Dakotah on a case-by-case basis thiliy (30) days prior to the cxtcnded timc-share, E, Parents are aware that this agreement may need to be modified as their situations change and the Dakotah grows older. Parents will attempt to resolve any disputcs through mutual discussion or by a return to mediation, An appointment may bc scheduled directly with the mcdiation staff Thcrcafter, a motion must bc filed with the COlIrt. F, The Cumbcrland County Shcriff, his dcputy and othcr appr-opriate law cnforcement officials, are ordered and directed to assist the litigants, in any way, to peacefully enforce the pr-o\'isiol1s of this Order. '~I' (t~ -f. ~f)?,an ( I ..A~t1......u:::::f ~ >'..". 11-'- -11. Parent /1-;:14-r,'j / I .- '-='---'-/D~ Datc ~ Pzfent 11- '--~ - oz.... Datc iJZL.-I!JM21 lee f--</~ District C<;<jj?t Judge Presiding II j' 2 elf)' PAGE30F3 '~/' Z-- Jr. ; PENNSTATE I .~ Milton S, Hershey Medical Center I College of Medicine I i i f' -, i ""L.,,;ji,.~ ""~'ur ."'.,'-......'".."..~-,;...;" f-.<i-,:(" C:';' 7 ( , :: I I , ,! " I '] ~ ; I -.' .t;: 1- ';;:' C. t; , ~ ~' , i..1"" 1_ DAY OF DISCHARGE FORM 'r.';' .::. " ~. HMC Attending MD f-i" , vvcw! ,....~~ Admission Date j Discharge. Date ;:!Jl:")t'-; I Admission Dia~nOSjs ~1~...('I1,-";"'\....s:;,,..... i'roalclJIes Refemng Physician HMC Resident Primary Physician ActJBss ~t.(\..",.... I' Principal DiagnOSIs <-r-:{'u... 'i!c" \ ,_c,') '- (, '" , ~"'\'I'''' C-~-.'\ L-{l~ Brief Course /c.; e~ , -------, --..-.---------. \)\.C\c.........l...".,- -' "'" ;5 ~% -. .. Zffl $0: ~~ ..0 >0: U. .. EXHIBIT B , . , \\."" I _ "'\''1\,--,\ <-- (~J:..N \:..G;,,,, ~.(l. ,"',' , ,~\ .c.u ^ G.' 1>rM,...,.\ r.'J\ ,J;:'I<..wvSl'\Q...~~~ <,\,.Q.~ <jJ \.jO-j,\-...\.+i~\:' i-(J~ ~""\ c,,1"rl!Y:)w-e\.l ~c\c1J.'-\'f'q 'l~ (hrM: ~.Q..- c:,!",_\ '>..,''"''''''-<.00. o:::-JL--~ - . _ Cc \..w:. \.+> f Ofu., ,... 5G~ \ -\--;r ~ [L.~ \,0 ,~-M~ :A.':\-':'c.~.e.t~""-.J..,1."'-'1 Name/Dosage/RouIe/Fmquency NamefDosage/Aoute/Fl'llQUency ~~CJ _l c_~G..r- " w" CZ ",2 ,,~ 5~ ~fil " J) (1.","'i- ~o..J,.6.-e:~ \ Y\ '00-v..-J u..",o.;\ IJ! h~ \ ,(.J,' _ C, I I .~i..b,J-...(~~ ,> ~~ OW " ~2 lliE x SOdaI Services Nutritional Care Hospice Care NUlsing Care Aide/Homemaker PhysicaJTherapy Respiratory Therapy Occupational Therapy Speech Therapy j I';''t'f'- ' '," ~ " ,. '~ --\- ' , ' \', ~ .(,"", cL- 11">....'" \-'-'" <c-;::C,\' LIJ[)..,-+'i>v...:M~CL\.l'1'YI--v')-eic"--' " U-\ V'N.d.il'.-co ~ ti C ~L {Q"ro.~~)^ Q,~-r -tJ~",\ 2.. Iw(' <"R<\~ d.<v.., C'~ ~~T'I ~ ~f\,":; I \ J..:t ' g...0) co?., -\" '-'--"-_^ c' '- ~-'''''c'__\c,...l. C~ fIt<J,cn-",-f'-r- ~(1i'\JL ckcXU ' H ,':>tN1 ,\j~~~, I~ lN1-;BiV<,C'vW~ 0<" ~ 'J_~-~, h0' ~~G) ('-/...(>' +'_~ -\.~~ ,eJc....., k.....\......., .:'0;.....,("'-,' _t.::.,~\.t...-:z.\..... ,&..J- ".-A, .,_ _~\ ffi~.. \J2~' ~ ,-,_~ '~'-' .-~-"- (~~, ,,(5.~/-;{52/ -(.,w.r~jC1./1/CUi(:..r,-.v-IL{ _--iUr.t:{f/:;t;rY?(,{'l1Yij g - L l....-I^_ '=k "n.<.- IW\ e...(,v" ~"y,,"'.A I..-),~I... - P',c...f.' <l.O S~Q-. "-\ \l\.... "'f'~ I.I.NLGI.. "'-I ..(;f;"'~,f \,!,~l\l'..I\N-V'-"- 06-"'- o.-.A.. d,:"-r-- ~\4,J ~~\c:-c=-., C\.Jl,(!(LS-Y",", ~ ~ -eiJ...o'f";) cl-c...\M - G0J;, '-h- \ft v,\J<",.J). FOLl.OW .UP APPOINTMENTS \:),~ 0 0 Betumto_ lv,Jb.!rS- u ,~\ \ On At am/pm :::::.--- On am/pm At ~l hay.:.. received and,unde rstand this writtenstatem ent regarding my discharge instructions ,.---. , (-- \ ~ 7 ---- .... 1.\ PIli8ntI '", _, '. (','L"--<--d' ( n__J--"'-:';';'"\ __ R~pel'SOn'S5lgl'lllIUrE ~--- , "'" , _ ..-' __CClD1pleteside~ofwhJtec:opytoralllraum8Patlents SiQnalure_ ,//' /c:[(7)CJ-!fPAJ Sig.".\ure_ (; R.N, Date ~ /~ tj , I -)~_..(-:, Time ;-i- am I pm MoO, Date Time am I pm lrAFt4B9 ....v..."" "'1~"'UADnc Cf\DU Whtte-MeajealAecord Vellow-PlIllllnt R~v 1':1n~ MAR-05-2004.FRI 02:39 PM PEDIATRICS 031e412004 23:49 11?24~3344 FAX NO, 5310708 ASOM KLm.Il.AKIS p, 04 PAGE 24 VERIFICATION 1, Julie Fuller, hereby verify that the f.tcts set fo!:th in the fotegoing Petition for Special Relie! ate true lUld COrrect ttJ the best of my knowledge, .In.fotmarlon and belief. r understand that fIIlse st>tt"met1~ herein ate made subject to the penalties of 18 Pa.e.S. ~49Q4, relating ttJ unsworn falsiBcarion to authorities. Date; -3 \6 k~\ ('~h_t~-, \f~ June Fullu -_.- . -.----~--,,- JULIE FUllER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. NO. CIVIL TERM DREW SMITH Defendant CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NO\v, this 5th day of March 2004, I, Kara W Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR SPECIAL RELIEF upon all parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Drew Smith C/o Chriss 206 Berkley Drive Mechanicsburg, PA 17055 ~ " l,V~, L_ klt.f'1 a W Haggerty t ~ JULIE FULLER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. NO. 07-171 CIVIL TERM DREW SMITH Defendant CIVIL ACTION-LAW PETITION FOR SPECIAL RELIEF. PURSUANT TO 42 Pa.C.S.A. ~1915.13 1. The Plaintiff is Julie Fuller (hereinafter Mother), an adult individual residing at 2104 Wentworth Drive, Camp Hill, Cumberland County, Pennsylvania 2. The Defendant is Drew Smith (hereinafter Father), an adult with a last known address of 206 Berkley Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The child's name is Dakotah Smith (hereinafter Child), born September 17, 1998, age 5. 4. The Plaintiff is the natural Mother of the child. 5. The Defendant is the natural Father of the child. 6. The parties are divorced and living in separate residences. 7. The Plaintiff has filed a Custody Complaint seeking custody of the subject minor child. 8. There is a prior custody in effect with respect to this child from the County of Cumberland, Fayetteville, North Carolina. A copy of said order is attached hereto as "Exhibit N'. 9. In November 2002, the Cumberland County Family Court in North Carolina, granted primary physical custody of the subject minor child to Mother/Plaintiff until such a time that both parties resided in Pennsylvania. 10. Plaintiff and the subject minor child moved to Pennsylvania 1n December 2002. Defendant was already residing in Pennsylvania at that time. 11. The subject minor child was born with a Mucolipidoses Type II, also known as I-cell disease, a progressive disorder where lipids build up in the tissues of the body and break the body down, causing joint contractures where the child cannot fully extend his arms and legs because his joints have hardened. As a result of this condition, the subject minor child also was diagnosed with scoliosis. The subject minor child was also diagnosed with aortic heart valve where his blood regurgitates back into his heart and, if infected, could also infect his heart. As a result of these conditions, the subject minor child is developmentally behind in his physical, occupational, and speech behaviors. 12. On February 16, 2004, the subject minor child was admitted to Hershey Medical Center for back surgery to undergo a spinal fusion. 13. On February 25, 2004, the subject minor child was discharged to the Defendant. 14. On February 27, 2004, while in the Defendant's custody, the subject minor child suffered from a fever of 102.50F and the Defendant did not call the doctor as per the discharge instructions. The discharge instructions are attached here as "Exhibit B". 15. On February 28, 2004, the Defendant took the subject minor child to the Emergency Room where he was readmitted to the hospital for an infection in his back. 16. On February 29, 2004, the subject minor child underwent emergency surgery to remove the infection, a vacuum was inserted, and the incision was left open to remove additional fluid and infection. 17. The subject minor child remains hospitalized at the Hershey Medical Center Children's Hospital. 18. The subject minor child will be discharged with drainage bags and a PIC line inserted that will require care and attention. 19. The subject minor child will be confined to a wheelchair upon discharge. 20. Plaintiff has concerns of Defendant's failure to follow discharge instructions provided by Hershey Medical Center. 21. While subject minor child is in Defendant's care, Defendant leaves subject minor child in the care and custody of his parents, the paternal grandparents. 22. Defendant has refused to allow Plaintiff any visitation during his weeks of physical custody. Defendant has also limited telephone access to the subject minor child while he is in Defendant's care. 23. Defendant does not communicate with Plaintiff regarding the subject minor child. 24. Defendant refuses to remain in the same location as the Plaintiff, even going to the extent of leaving the subject minor child's hospital room if Plaintiff is there. 25. Defendant refuses to give the subject minor child his medicine for acid reflux. 26. Plaintiff does not have Defendant's current address. 27. It is Plaintiff's understanding, if the subject minor child is released from the hospital to Defendant's care, that the paternal grandparents' assistant, a real estate secretary, will be caring for the subject minor child during the work day. 28. Plaintiff is concerned about the specialized care and treatment that will be required of the subject minor child upon his discharge from the hospital. 29. Undersigned counsel is not aware that Father is represented by counsel in this matter. WHEREFORE, the Plaintiff requests that This Honorable Court set up a brief hearing to review the allegations in this emergency petition and award Plaintiff primary physical custody of the subject minor child pending a conciliation conference. Respectfully submitted, Date: March 5, 2004 Abom & Kutulakis, L.L.P. ~'^\.1h I ~ ~ k"UJ-{ r:;fw. Haggerty, Esquir~ Attorney 1.0. No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff j'lf."'-f (/ c < s,'j.\Tt:: OF NORTH CAROL. C'-,UNTY OF CUMBERLAND "ile No. ,-,_.CVD-006767 IN THE GENERAL COURT OF JUSTICE Family Court Division J'lall1!~H Smith, Drew Order Adopting Parenting Agreement V5. !)l.'(Clldanf Smith, Julie File Dale: 08/29/2002 Cumberland County Family Court Local Rules I ! This matter involves issues relating to child custody or visitation. The parties were ordered to participate in the Courts' ,i mediation program for custody and visitation disputes. The parties were successful in reaching a mediated parentin~i , agreement which resolves the dispute. The parties have been provided an oppoltunity to review their parenting , agreement with their attorneys, if any, and anyone else of their choice. Each party has now acknowledged that the Court I should enter an order making their parenting agreement an order of the Court. The parties' parenting agreement has. ,: been reviewed by the Court. I~o good reason has been shown as to why the parenting agreement should nol be maci8 ~ into a court orner. I , 1 JUDICIAL FINDINGS: i The Court finds that for the six (6) months rreceding the filing of this action that: ! QU The plaintiff was a resident of N08TH CP.ROLINA (enter state). I QU The defendant was a resident of NOR TH CARD LI N A (enter state). I IlD The child(ren) was/were resident(s) of NOR TH CAR 0 LI N A (enter state). 10 Other ! I Based on the foregoing findings, the Court concludes that it has jurisdiction of the parties and subject matter, and thai it is i authorized to make a child custody determination under tile provisions of G.S. 50-13 (c) and G.S. 50A-3(1). ! ~ The Court further concludes that it would be in the best interest of the child(ren) tllat the parenting agreement of the ~ parties be incorporated into an order of the Court. , liT IS ORDERED that the parlies' parenting agreement, a copy of wlliell is attached, is incorrorated and becomes ~n order : of this Court. The parties may by mutua! agreement re-enter tile court's mediation program without a further COUll uldm, I provided that any modification agreement be submitted to the court for its approval. A filed copy of this Order sl",1I be l mailed to the parties and their counsel. ,I ALL PARTIES ARE NOTIFIED Ihat It is a FELONY for any person to take or transport, or cause to be taken or f transported, (any of) the minol' cllild(ren) included in tllis Order, outside the state, or to keep the chlld(ren) outside the state with the intent to violate this Court Order, and such action shall be subject any such person to criminal prosecution . under the provisions of G.S. 14-320.1. k Cumberland County Family Court/Mediation Division P,O, Box 363 Fayetteville, NC 2830Z. Telephone: (910) 678-2920 Fax: (910) 629-4101 1)0"/ i ( Z s- J 0 Z-- Nom, o( /;.';~ii~':beth Keever S;7ffJ~ )C~--C..{j-{'/,- Copies of this Order have been distriDuted to the following: Edwards, Timothy, D/Smith, Drew Kelly, Colleen/Smith, Julie EXHIBIT A cc~r'C'j'.T-i)l_; !: ICm"Pl1'iv'-[Jom(',w'c/ll1ni{ kfrrgc/CA f I '-,J, doc Rf'i.i.\Td OJ/f).' ST ATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE CUMBERLAND COUNTY DISTRICT COURT DIVISION FILE NO.: 02-CVD-6767 and ] ] ] ] ] ] ] ] ] PARENTING AGREEMENT SMITH, DREW PARENT SMITH, .TULlE PARENT The following is a Parenting Agreement made by Drew Smith (Father) and Julie Smith (Mother), the parents ofDakotah Smith (80/'11 September 17, I998). This agreement reflects both parents' belief that it is in the best interest of Dakotah to share as full a relationship as possible with each parent, and for both parents to have input into decision-making regarding Dakotah's welfare. These agreements reflect a carefully balanced package, which considers parental needs and abilities, as well as the developmental needs of their child. A. Residence: Both parents agree that Dakotah will continue to reside with his Mother, who will have primary care and supervision of him. B. Decision-Making: Parents agree to sharejoilltly in making the decisions, as often as possible, in reference to the major areas of parenting, and specifically: 1, The parents agree that whichever parent Dakotah is with, that parent has the right to make the day-to-day decisions for him, In matters of more consequence with long-lasting signiiicance, these i~sues will be discussed between parents in an effort to resolve them by mutual agreement In the event that the parents cannot agree, they agree to seek assistance from a relevant professional or return to mediation, 2. Both parents shall have full and complete access to school records and infonnation, right of participation in school conferences, events and extra curricula activities, and right to consult with teachers, counselors and other school personnel. Further, parents agree to keep each other notified and info1111ed of these events and activities. PAGE I OF3 FILE NO,: 02-CYD-6767 3. Both parcnts agrec Mother shall scnd Fathcr a copy ofthc school schedulc, infomlation about school pictures, and a copy ofthc repOli cards of Dakotah within five (5) days ofrcceiving them, 4, Both parcnts shall have the right to authorize medical treatmcnt if nccdcd, right of full and complete access to medical records and infonnation, and to consult with physicians and other medical practitioners, 5. The parents recognize the importance of sharing infomlation between households as it relates to Dakotah, Infonnation shall include but is not limited to the general health, education, welfare and progress of Dakotah, specifically, illnesses, mcdical trcatments, appointments and l1ospitaliza~:ons. G, The parents agree to notify the other of the following: a. any emergency involving Dakotah as soon as it is safe to do so. b. any change in home address, home phone number or employment phone numbcr within forty-eight (48) hours, so long as such infonnation is not used to harass the other. c. if either should take Dakotah out of the area for ovemight travel or vacation, and provide a contact numbcr to be used in case of an emergency. 7, The parents agree that if either of them should move out of the area, thus making the parent agreement impractical, they agree to give each other at least sixty (GO) days' notice and meet prior to such a move to attempt to draft a new parenting plan, C. Time-Sharing: 1. Both parents agree that time-sharing should be in two phases: a. Phase 1 will he that period when Mother is residing in Pennsylvania and Father is still located at Fort Bragg. During this period time-sharing will be flexible and mutually agreed upon by both parents and Father agrees to give Mother seven (7) days notice prior tu liii1c-slhiiilii:,. b, Phase two will be after both parents reside in Pennsylvania. At that time both parents agree that primary care and supervision by Mother will become shared physical custody by both parents. They will achieve shared physical by each having Dakotah for a week at a time. The change over day will be detennined at a later date by the parents, 2. The parents understand that they may make changes to the schedule as well as arrange for additional time provided the changes are by mutual consent. In the event that they do not both agree to any changes this schedule will remain in place. PAGE 2 OF 3 FILE NO.: 02-CYD-6767 D. Holidays/Special Occasions/Summer: Holidays will be shared between parents with the understanding that the holiday and vacation schedule supersedes the regular schedule. Holidays are based on local public schoo] calendar. ]. Christmas, Thanksgiving and Easter: Both parents agree that they will decide how each will celebrate these holidays with Dakotah thiliy (30) days prior to each holiday. In the event they cannot decide starting in 2003, Father will celebrate Christmas with Dakotah in odd numbered years. Mother in even. Mother will celebrate Thanksgiving with Dakotah in odd numbered years, Father in even. Mother will celebrate Easter with .Dakota!? in o-:id numbered )Ir~ars, Father in 8YCn. 2. Bil-thday (Dakotah): Both parents agree to celebrate Dakota/1 's bilihday with him, his or her closest time-share to Dakotah '5 birthday, 3. Mother's/Father's Day: Both parents agree Dakotah will celebrate (his occasion wi th the honored parent. 4, Summer: Both parents agree to continue their regular schedule during the summer and decide any extended time with Dakota/1 on a case-by-case basis thirty (30) days prior to the extended time-share. E, Parents are aware that this agreement may need to be modified as their situations change and the Dakotah grows older. Parents will attempt to resolve any disputes through mutual discussion or by a return to mediation, An appointment may be scheduled directly with the medintion stnf.f. Therenrter, a motion must be filed with the Court. F. The Cumberland County Sheriff, his depnty and other appl'opriate law enforcement officials, arc ordered and directed to assist the litigants, in any way, to peacefully enforce the pl-ovisiollS oUhis Order. (~) I - ~1; {" -t, ~m!aO t u_E;....uy ~ y_~ HI.. n Parent !I-.::J'::;-~., , I .~'-"--"----D'" Dntc ~ A--<Z A "-..~~ Pzfent /I-z...~-o?... Date ~.I!Ml /6y.-</~ . District c~!i?t Judge Presiding II! 2 <"'Ill PAGE30F3 ,..:;> vl- ,..... PENN STATE 9 Milton S, Hershey Medical Center ., College of Medicine , "","'~ J:~ ' - ..... ""'-~--.~. J.' r..: ~; ~:- ;' 7, ? ~ .: ,- ';;' l) ~ / ~ 7" , I I I , " 'I :j ~ '1 ; .:' I fi , ;',f'" DAY OF DISCHARGE FORM ';if., .-., .::,. HMC Ar~:~in~~~w! .,-;.L AdmisSion Date I Discharge Date .: IlL 1,-1 I Admission Dia~nosis ~ tI~ ..i~..........\.....D G.... Plot:E<1Jes I Refemng Physician I Primary PhysIcian I' Principal Diagnosis <-'l(\,~,'~ ~""""','u.... HMC Resident AOOress ~'-.\ \ ., -'- '] "' i, I.., , ~I \ " l,,~'\ <'1, \0. Brief Course /:::;t'-'. \'JI...C\'"........l.;....- oJ <w z!- -0 ~z ".. ~lB ~c: ~~ ..0 >a: u. ~ '----- -_.._----~----_. EXHIBIT B , , , Name/DosagefROUle/Frequency Name/Dosage/Ao~e/F~~ w" ~z c:!2 ,,!- :< o~ "0 iS~ \\&""-' ""~J,,,_-\,-,-- \ ..\.,\<.--,\ -c. ("J,i."... ~ > ,,' ,fa, ,,"' u .J... .-.. :_:~i'--\ .t. \.............. _ (;-.., (JIl.../"'Jf. ~C:..L1. 6.~"~ ~\[~ r,'i\ _l.YR..w~,\Q...eA~ l;\.,.I'...,..",~ w\.Jc.y\...\-.ii-:,,-lv, :l-- 0~ f~\ 'Y\\D~~\ c.x.u.;I U' ho . c,J e,- \;J'~ --\ ~c\d<.J '-\ ~I...\ ~~Q ~: ~Q..- I. \ ~::",,~\ '>...,.., "".<J.. ,,:::- ~.c' - _ Cc ~ \ ,'T->f do.:.. ~ ~ S<...~ \.(..,r J.lL-~ (....' . 'I I I C:n IA. ..L_, ,. ",':'-(..; <p" r.\~. \ .~\,:~.....(.~-tA-''''''.J\ \'... ;""";-"'-.....-..:'l I ...._'"--'-.L..:.J-l1~_~j",-.l_J,~~ u I~\ ,\~ \ Nursing Care Aide /Homemaker PhysicaJTherapy ~"";<<-- . "'~il\' ,,' .,. . "~~, '.' cL... I\')....., \ -......, oc-;:c\, uJu...-.hVv:.,.:l\ 0J (J;.\!... 'fY'N.,':, -e)f~~ U,\ uN4:ll<--to g.. _ C \l.J;' f Q ""'\-cO^ o...'\-\.c.....r., -tJC;",\ 2. \-,,'(. %'\",\ ~. ,,-<\, ~~'" ~ ~"'j !\Q.,\ J..:t ' g~(::) c \-, -\0 ~~.^ ;'- ~f",<."\~J.C~fl\-,,h,n'^,4-~(V,.u('cUU\u)I H . ~~0N>f _'O~~~, \~ \N1--0<v>_e'vWJ.:.~ or ~ 'J_~~, bnu~, ~~G) (c,:..U ~ ,-\~~ \i '-"'(...... , .:.L....\\.'-" \ q;......<"" j ~""'\" t....1.-\...... t;".J- ""........ ,~\ ffi~... \~Qc.., c,.-('~~ _'~-- (~, ,(5.?J-'l52;-t.W--jt>1 !1<cU,('o--<f.,rj-1L-C-iWlf;{??C~t)7~{I?Yij ~- .U'-'-'-~_~'\""- w\ e...,Mo. R"'<>->"'^ ~~ - Pc()..r"&'" S"-iQ- "-\ Ik"f'- ~l "-I o ..cf.~e \V\C'.J\~'r,,,,,1Jtii.. Qi>.A. o....J..... dtc.f- ~\4...~ ~~Icr<L<.:....' C.\-.ll.c,lIV;,y"", ~ c:.."\ ~iA.c'f') c\-d"", - ~ ;r I(ft "'\'<.~/, . FOLLOW .UP APPOINTMENTS ~"'-"'- ~ i Reiumto lJ,~,S- -> .u .z uw >5 ~l'i o. x Respiratory Therapy OccupationalTherapy Speech Therapy Sroal Services Nutritional Care Hospice Care i On At am/pm ----- On '&, h: ~~eived and~.understand this Writte(statem., ~nt regarding my discharge instructions "'-, /' ~.,-. '~I\ PIbinj; "- . . '. (~"L,____-/ (.J._,....;..:,.\ ResPOl18iblaperson'lOlOignalure -..----.---- ~ . At am/pm oa. l3iQnalute S~lute _ .-' ,-CCJIT!piete side 2: of whtte copy tor alllrauma Patients c/ / ;,!,/i /.{,? 0l/c..../ . ," ''LL-f..'-'...:J'W--j /1 R.N. Date 4 /1t '7 . I -)~_..(:, Time ;-y- am / pm MD. Date Time am / pm Whll!l- Medical Record Yellow _ Patlenl "'Fl489 R!=\/ &:In~ "'"V ^'" ...,e,.......I\CU'~c cnDU MAR-05-2004,FRI 02:39 PM PEDIATRICS 03/04/2004 23:49 7172493344 FAX NO, 5310708 ABOM KUTULAKIS p, 04 PAGE: 24 VERIFICATION I, Julie Fuller, hereby verlfy that the 61ets SEt fo~th in the foregoing Petition for Special Relief are true and correct to the b~t of my knowledge, .information and belief, I understand that false Stitt=eQIl; herein ate lllllde subject to the penalties of 18 Pa.C.S, ~4904, l:clating to unsworn falsificariOtl. to authorities. Date; 3\6\61.\ ~-~t~, \f~- Jul[e FuJler JULIE FULLER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. NO. CIVIL TERM DREW SMITH Defendant CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW; this 5th day of March 2004, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR SPECIAL RELIEF upon all parties by depositing, or causing to be deposited, same in the US. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Drew Smith C/o Chriss 206 Berkley Drive Mechanicsburg, PA 17055 ~, ''''?~ f ktf'i Q ,.0-- r"-) ~'j ~..) -.". (.....) ....., (~ C~.:1 o ~-n ~ 5;:: ~;) I U'I ,-, rii~ -"''J -n ,;c-c~ I"~ JULIE FULLER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. NO. o Lj,Q71 CIVIL TERM DREW SMITH Defendant CIVIL ACTION-LAW ORDER OF COURT AND NO\v, this 6Cfray of March, 2004, upon consideration of the attached Petition for Special Relief, a hearing is set on the matter for the 1/ day of March, 2004, at 1/: ro a. .m., in Courtroom No. C).. of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: BYili~'1~ J. Distribution: Kara W. Haggerty, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Drew Smith C/o Chriss 206 Berkley Drive Mechanicsburg, PA 17055 r ~ ~O'/ A-,~I,:r(_~I'.':' Pd ::-'/',:(18 r,S :1:; Hd S- 1JlfH 'IDOl ^tL/.:'O\~Ot i.LC~ld 3Hl :IO 3J!:J:1Q-(J31!:l JULIE FULLER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Docket No.: 04-971 CIVIL TERM DREW SMITH, Defendant : CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S' PETITION FOR EMERGENCY RELIEF PURSUANT TO 42 Pa.C.S.A &1915.13 AND NOW, this 10th day of March, 2004, comes Defendant Drew Smith, by and through his counsel, REAGER & ADLER, PC, and respectfully avers as follows: I. Admitted, 2, Admitted. 3. Admitted. 4. Admitted. 5, Admitted, 6. Admitted. 7. Admitted. 8, Admitted. 9. Admitted. 10. Admitted. By way of further answer, at the time the North Carolina Order was entered, Defendant was serving in the Armed Forces in North Carolina, In order to share physical custody of Dakotah, Defendant resigned his commission with the military and relocated to Pennsylvania, Since December 2002, the parties have shared physical custody of Dakotah on a week on, week offbasis, 11. Admitted, By way of further answer, Mucolipidoses is a very rare disease. Dakotah is one of only one hundred children suffering from this disease. Plaintiff and Defendant were advised that Dakotah' s life expectancy is approximately five years of age. Only approximately one percent of children with this disease live past the age of five, and no child with this disease has ever lived past the age of twelve. Due to this progressive disorder, Dakotah has been repeatedly admitted to the hospital and it is expected that this disorder will progressively deteriorate, causing repeated admissions and invasive procedures. 12. Admitted. 13. Admitted, Byway of further answer, February 25,2004 was Defendant's week for custody. After his surgery and due to his age, Dakotah had been casted, rather than placed in a brace. While in the cast, Dakotah continued to have significant drainage from the wound, which remained partially opened, Prior to his discharge, Dakotah's surgeon removed the cast and placed Dakotah in a brace, which provided access to the wound to caregivers. At the time of his discharge, Dakotah was still experiencing significant drainage from the wound, which remained open, Due to the open nature of the wound, visiting nurses were assigned through the hospital to care for Dakotah on a daily basis and to train Defendant and his parents on wound care. Cleaning of the wound involved the removal of packing and cleaning the wound internally. At the time of discharge, Defendant assumed this responsibility and cleaned the wound twice daily. At the time of his release, Dakotah's drainage was bright red, but gradually lightened in color. 2 14. Denied. In the morning hours of February 28,2004, Dakotah awakened requesting a bottle, At the time of his release, Dakotah had been prescribed Tylenol with codeine. However, both the doctor and the nurse instructed Defendant not to awaken Dakotah to administer the drug, but to only administer it at the time he awakened. When Dakotah awoke the morning of February 28, he had a fever of 1020. Defendant administered the Tylenol with codeine and within less than an hour, the fever reduced to 970 F. During the course of the day, Dakotah's fever remained at 1000. The visiting nurse instructed the Defendant to administer Tylenol with codeine to Dakotah at least 30 minutes prior to her arrival. Defendant administered the Tylenol based on this instruction. At the time the visiting nurse arrived at Defendant's home, Dakotah's fever was approximately 1000. 15, Denied as stated. The visiting nurse examined Dakotah's back and contacted an ER physician. It was recommended that Dakotah be taken to the Emergency Room to have the open wound examined for infection, Defendant transported Dakotah to the Emergency Room, where he was readmitted due to an infection in his back. Defendant was informed by the ER physician, Dakotah' s primary surgeon and the nursing staff that infection was common with this form of surgery, particularly with an open-wound site. Defendant was reassured that he did nothing to cause the infection. Attached hereto as Exhibit "A" is correspondence dated March 9, 2004, from Dr. David M, Wallach, M.D. Dakotah's treating physician indicating Defendant acted appropriately. 16. Denied as stated, On February 29, 2004 Dakotah underwent surgery to clean the infection and two tubes were placed in the wound for drainage purposes, 3 The wound has since been closed. Visiting nurses will be arriving daily to clean and redress the wound site, measure and check drainage sites, and flush the pic line. While there, the visiting nurses will be instructing the family members on the proper procedures in caring for Dakotah's wounds. Once satisfied that the family is properly instructed and able to carry out the necessary care, the visiting nurses will cease their in-home care. 17, Denied. Dakotah has been discharged into Defendant's care. 18. Admitted in part, denied in part, It is admitted that Dakotah has been discharged with two drainage bags. Visiting nurses will care for the drainage sites until such time as the family members are properly instructed on how to care for the sites. The nurses will provide instructions on how to measure the drainage and care for the wound site, Defendant is competent to follow these instructions. 19. Denied as stated. The subj ect minor child is not confined to a wheelchair. However, a wheelchair will likely be used to transport the child any distance, 20. Denied, It is important to note the Plaintiff has provided no care for Dakotah following his discharge from the Hershey Medical Center. At no time was Plaintifftrained to care for the wound, not did she have any interaction with any of the visiting nurses. Plaintiff has no reason to have concern with Defendant's ability to follow discharge instructions, and had she consulted with any physician involved in this case, she would have been informed, as Defendant had, that the infection was not caused by any action on the part of Defendant. Please see Exhibit "A." 21. Admitted, It is admitted that Defendant works as a Federal Police officer from 5 :00 a.m, until I :00 p.m. During his custodial weeks, Defendant picks up his 4 son from daycare at approximately I :00 p.m. and cares for him until the child goes to bed at 8:00 p,m. While he is at work, Defendant's parents care for Dakotah and deliver him to daycare in the morning. Likewise, Plaintiff utilizes family members and friends to pick-up Dakotah from daycare due to her work schedule. 22, Denied. It is specifically denied that Defendant has refused to allow Plaintiff any visitations during his week of physical custody. Specifically, Defendant suggested to Plaintiff that they make an arrangement for a mid-week visit by the non- custodial parent. Plaintiff declined this request. Defendant has not limited telephone access to the subject minor child. Dakotah has the intellect of a child between the age of two and three and is not always willing to come to the telephone. This is not obstruction by the Defendant. During Dakotah's hospitalizations, Plaintiff has been given unencumbered access to Dakotah during Defendant's weeks. When Plaintiff arrives to visit Dakotah, Defendant removes himself from the hospital room so that Mother and son can enjoy time together. The same courtesy has never been extended to Defendant, as Plaintiffrefuses to allow Defendant to visit with Dakotah in the hospital during her custodial time unless she is present. When she is present, she engages in behavior which antagonizes Defendant in the presence ofthe minor child and limits his ability to engage with his child. 23, Denied. It is specifically denied that Defendant does not communicate with Plaintiff regarding the subject minor child, It is admitted that Defendant refuses to communicate with Plaintiff regarding any other issues and will terminate a conversation during which Plaintiff engages in rude and derogatory comments. These 5 types of comments occur repeatedly and Defendant has several telephone messages wherein Plaintiff is rude and disparaging of both Defendant and his family. 24, Denied. It is denied that Defendant refuses to remain in the same location as Plaintiff. However, it is admitted that Defendant will leave Dakotah's hospital room when Plaintiff begins to engage in behavior which he believes is detrimental to Dakotah. Specifically, Defendant will remove himself when Plaintiff uses derogatory language, sarcastic tones, or attempts to antagonize Defendant into a response. Please see the above answer indicating Defendant absolutely refuses to allow Defendant to have any private time with the minor child during her custodial weeks. 25, Denied. Dakotah has never been diagnosed with acid reflux, which has been confirmed by his treating surgeon. Plaintiff informed Dakotah' s pediatrician that he frequently throws up in her presence. Defendant has experienced no such symptoms. The child was issued Zantac for an upset stomach. At no time has Defendant utilized this medicine as there has been no problem in his care, 26, Admitted. It is admitted that Plaintiff does not have Defendant's current address, as Defendant continues to behave in a harassing manner during telephone contact. Defendant would like to keep his address private for these reasons. By way of further answer, all ofDakotah's visits occur at the paternal grandparents' home. Dakotah sleeps at the paternal grandparents' home, due to Defendant's work schedule. 27. Denied. The paternal grandparents have rearranged their schedule so that they may care for Dakotah during the day. Likewise, it is Defendant's understanding 6 that Plaintiffs maternal grandmother is going to provide care for Dakotah during Plaintiffs custodial weeks. 28, Denied. 29, Denied. Defendant's counsel feels it imperative to point out that she has been counsel for Defendant through the entire divorce and support processes, The parties' divorce was only finalized within the last six months and it is clear that either Plaintiff or Plaintiff s counsel sought to significantly limit Defendant's rights in this matter by filing an ex parte petition in this case. WHEREFORE, Defendant requests this Honorable Court to deny Plaintiffs request for primary physical custody of the minor child and to permit the shared custody schedule to continue. Respectfully submitted, REAGER & ADLER, PC Date: ~JlOlo~ Deni Can r, Esquire orney ill No.: 66378 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 Attorney for Defendant Drew Smith 7 VERIFICATION I DREW SMITH, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S. Section 4904, relating to unsworn falsification to authorities. Date: ~--'7()f?~ Dr~ith 8 Exhibit A Division of Pediatric Orthopaedics Lee S. Segal, MD Chief, Division of Pediatn'c Olthopaedics Cindy R. Reighard, CRRN Clinical Nurse Specialist Edwards P. SChwentker, MD Academic Coordinator Kelly L. Vanderhave, MD David M. Wallach, MD Our location: Penn State Children's Hmpital P.D, Box, 850, M.e. HD 89 Hen'hey, PA 17033-0850 Phone: 717-531-4800 Fax.' 717.531.0126 Satellite Clinics: Allentown Hanover Pottsville Scranton/Wilkes-Barre State College Williamsport Specializing in the Surgical Care of Infants, Children, and Adolescents, including: Clubfeet CompLex spinaL deformities DDH Limb length discrepancies Neuromuscular disorders Pediatric fractures Scoliosis Visit us at: peTln.~tateorthopaedics.com Division of Pediatric Orthopaedics Department of Ortfwpaedics and Rehabilitation Penn State College of Medicine Milton S Hershey Medical Center March 9. 2004 To Whom It May Concern: I have been taking care of young Dakota Smith since June of 2003. At that time, Dakota was a 4 year 9,month,old male with a history of mucolipidosis. He had been treated elsewhere with an instrumentation of his spine without fusion, This is a described technique in the treatment of the skeletally immature. Over the short period of time that I have known Dakota, he had progression of his spinal deformity with increasing prominence of his spinal instrumentation. He was indicated for removal of hardware and spinal fusion with instrumentation. Dakota has not grown in several years making a definitive fusion a reasonable option. After a discussion with his family, we elected to proceed with the described surgery. Dakota's airway was quite small and required use of a steroid to decrease inflammation about his airway. The steroid. although beneficial to breathing, was detrimental to wound healing, Unfortunately, Dakota's wound dehisced, At the time of discharge, his family was instructed on a packing technique for his wounds and he was ptaced on an oral antibiotic. Instructions were given to the family to call should he develop a fever. Late one evening over the weekend we were informed that he had a fever. We encouraged Dakota to be brought in for evaluation. The child was admitted to our service and early the next morning underwent debridement, irrigation and placement of a vacuum dressing. It is clear that both the mother and father care a great deal for Dakota. Unfortunately, they are not on the best of speaking terms at this time (there is visible conflict), The question has risen did the father bring the child back to the hospital in a timely fashion. My answer is that I don't see any evidence that the child was not cared for in an appropriate manner, The surgery itself was emergent and not an emergency. The child was treated in a timely fashion, Dakota's had increased risk for infection secondary to the revision nature of the procedure as well as the use of essential steroids. Ultimately, he will likely have a good outcome although he will need continued follow-up for sometime time to come. With kindest regards. D~ C11D David M. Wallach, M.D. DMW:dlm CERTIFICATE OF SERVICE I hereby certifY that on the date set forth below a true and correct copy of the foregoing Answer to Plaintiffs Petition for Emergency Relief was served on the following individuals via United States First Class Mail, postage prepaid as follows: Kara W. Haggerty, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, P A 17013 Dated: 31(DIO~ or, Esquire Attorney ill , 378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for the Defendant Drew Smith 9 "0:; " C) ...., = = ..t:- s: ;;-::] Cl ..."", ::1: \l? J.' W o -n -i :r: n"l~ ~gt? S:-_; (-:> ~L -~1 '.--) ?") :~-;'~ ,'On i,"_~ 'fI' JULIE FULLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent v. NO, 04-971 CIVIL TERM DREW SMITH, CIVIL ACTION - LAW (IN CUSTODY) Petitioner/Defendant PETITION FOR EMERGENCY RELIEF I, Plaintiff/Respondent (hereinafter "Respondent") is Julie Fuller residing at 2 I 04 Wentworth Drive, Camp Hill, Cumberland County, Pennsylvania. 2, The Petitioner/Defendant (hereinafter "Petitioner") is Drew Smith, with a last known address of 1073-6 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Petitioner and Respondent are the natural parents of Dakotah Smith (hereinafter "Dakotah"), date of birth: September I 7, 1998. 4. On March 5, 2004, Respondent filed a Custody Complaint in this matter, as well as a Petition for Special Relief with this Court, 5. The matter was scheduled for a Custody Conference on Friday, April 2, 2004 before Hubert X. Gilroy, Esquire, 6, No custody conference was ever held and no final order was entered. 7. The parties have an existing Order with Family Court in Fayetteville, North Carolina, dated November 2002 (a copy of the Order is attached hereto as Exhibit "A"). The Order provides for shared legal and physical custody of the child as long as both parents reside in Pennsylvania. 8. Pennsylvania courts have jurisdiction over this matter pursuant to the Uniform Child Custody Jurisidction Act, 23 Pa, C,S.A. ~ 5341, et seq. 9. Both parties recognize Pennsylvania as the proper court of jurisdiction and no objections to jurisdiction were filed in the initial Custody Complaint in 2004. 10, However, since that filing, the parties have shared custody of Dakotah on a week on/week offbasis. II, Dakotah was born with a degenerative disease called Mucolipidoses Type 2, also known as I-Cell Disease (hereinafter "'I-Cell Disease"). This is a progressive disorder where lipids build up in the tissues of the body causing joint contractures and joint hardening, Dakotah also suffers from Scoliosis, 12, Dakotah has been admitted to the hospital on several occasions, most significantly in February of 2004 when he was admitted for spinal fusion surgery. ]3, Since the resolution of the first Custody Complaint, there have been several instances of neglect and harm to Dakotah while in the care of Respondent. Said incidents were reported to Cumberland County Children and Youth for investigation. First, Dakotah reported that he was being squeezed, shaken, and repeatedly locked in his room. Second, Dakotah suffered a torn ligament and was taken to the hospital. It is believed these reports were determined unfounded, 14, Pursuant to the parties' schedule, Respondent had physical custody and care of the minor child from January 29,2006 through February 5, 2006. 2 IS. On Saturday, February 4,2006, Petitioner was informed that Dakotah had been taken to the Hershey Medical Center for evaluation. 16. Dakotah underwent several examinations and was ultimately admitted to the hospital after multiple skull fractures were identified. 17. Petitioner was informed by the hospital of the seriousness of the diagnosis and that such hospitalization had nothing to do with Dakotah's I-Cell Disease. 18. On February 5, 2006, Dakotah underwent brain surgery to relieve bleeding to his brain caused by multiple skull fractures, 19, Dakotah remains in the Intensive Care Unit of the Hershey Medical Center. 20, Dakotah is currently missing a portion of his skull which was removed in order to allow the brain swelling to diminish, As a result of these injuries, Dakotah now has slurred speech and limited movement on his left side, 21, The following physicians are responsible for Dakotah's care and will testify in support of the nature of these injuries as well as their treatment of said injuries: Dr. Dettorre, Pediatric Critical Care, Dr. Cilley, Pediatric Surgery/Trauma, Dr. Diaz, Pediatric Neurosurgery, 22, Specifically, Dr. Dettorre indicated that for such fractures to occur, Dakotah must have suffered an impact consistent with a high-speed car crash or being dropped from a three- story building, It is Dr. Dettorre's opinion that Dakotah's diagnosis ofI-Cell Disease would not cause these types of significant injuries after a minor fall or accident. Instead, Dakotah's injuries are a result of a serious and deliberate blow to the head. 23. The physicians have indicated that the fractures occurred within 24-48 hours of the manifestation of the symptoms on February 4,2006. Respondent confirmed that Dakotah was in the sole custodial care of herself, her sister, and/or her mother during this time frame. 3 24. Respondent specifically asked the physicians if she had caused this injury, but has refused to disclose any incident which is consistent with Dakotah's injury. 25. Dakotah suffered a concussion during Respondent's care in December 2005. 26, Respondent claimed that the concussion was a result of Dakotah falling from a bed, Such excuse is now circumspect. 27, Respondent also resides with her fiance, Adam (last name unknown), 28, Respondent has indicated that Adam is both abusive, physically and mentally, 29, Verbal abuse has been overheard both by Petitioner, and Respondent's family members. 30. Petitioner has noticed a marked change in Dakotah's demeanor and an overt objection to returning to mother's home since the introduction of Adam in the household, Petitioner acknowledged Dakotah's fear of Adam and temporarily removed him from the home to the child's relief. 31, Dakotah has expressed his fear to his teachers and daycare providers, 32. However, Respondent has now allowed Adam to return to the home and to care for Dakotah despite the child's terror. 33. It is clear that something terrible happened to Dakotah while in his mother's care. As a result, Dakotah suffered multiple skull fractures, brain surgery, placement in the ICU, and the temporary removal of a portion of his skull. He will likely suffer permanent injury to his speech and ability to move, 34, Cumberland County Children and Youth are currently investigating this incident. The case worker is Shelley McElwee. The Lower Allen Police Department is also investigating, 4 35, At the time of his injury, Dakotah was in the sole custody and care of Respondent and her agents, 36. Dakotah's treating physicians have made it clear that this type of injury did not occur as a result of a minor accident, but was instead the result of an extreme blow to the child's head. 37, It is imperative to Dakotah's safety that Respondent's access to Dakotah be limited. 38, If it is determined that Respondent, or her agent, caused these injuries, then Respondent is incapable of acting in the best interests of this child. Until such determination is made, this Court must act to protect Dakotah from further injury. 39. Petitioner's counsel contacted Karen Haggerty, Esquire, Respondent's counsel in 2004, regarding her representation. Attorney Haggerty was unavailable, but her office indicated it had not had contact with Respondent since 2004, WHEREFORE, Petitioner requests this Honorable Court to enter an emergency order granting him sole legal and physical custody of Dakotah until further Order of Court. McNEES WALLACE & NURICK LLC B;,~'A M2 r.o,1<11,/ j:;J Debra Denison Cantor r , J.D. No. 66378 100 Pine Street P.O, Box 1166 Harrisburg, P A 171 08-1166 (717) 232-8000 Attorneys for Petitioner/Defendant, Drew Smith Dated: February 8, 2006 5 . '~ x. "0' \'>' it J \ 1-,- , "Pit: OF NORTH CARlA. ,Ui!TY OF CUMBERLAND iiG No l_ .eVD-0067S7 ----- -IN-THE GI=I~ERp,L COURTI)F JUSTICE Family Court Division Srni~.:-, [)rev/ Order Adopting Parentin';J Agreem8:-rt V5. Filf' Dat,~, 08,'29/:::002 /'i,idl<i,i'" I Smith, ,iulie ~ .._ Cumberland Counl',' Family Court LO;;;;.Rulos. ,\ II ThiS n'Clrtel InvolJes Issues lelatlng to child custody or VIsitation Tile parties were ordered to partlc\patp In the COlll,r..> , mediation program for custody and 1/151t3tl011 disputes ThE parties were successful III reaching a meolated parentn agr~ement whlcn resolves the dispute The p2rtles have beell provIded an r'DDO, tunlty to review their V3rentlng I agleell1pnt With their attorneys, II' any, and anyone else of their chOice Each party has now acknowledged that the v=JLlr' F should enter on order making their parenting a~dreement an order of the Court. The parties' parenting agreement has ![ been reviewed b~/ the CourL I\}o good reason has been shown as to wrlY lhe Darel--ILillg agreement S1lould not be mZlr;,- :t j;llo ,"l c;nu:-t order , JUDICIAL FINDINGS ; The Court finds that for the sit'. (6) mOIl!lI~' precedmg the fiUng of this action that I iZJ The plaintiff was a resident of H.__-----N.O R T f-j C'11 RO L I ~I {j (enter state) Q(j The deferKiant wa" 8 resident of NORTH CAROL:ui~, (enlel stale) Q(j The chilcl(rerl) was/were reslclenl(s) or. NOR T II ClIB1LLlN.,LL-_. (el1ter state) ! 0 0\h81 Based on the loregolng findings, the Court concludes that it Ilas jwisdictiorl or H18 p;:lrlies and subject maHer, and UI;-iI i; is aulhonzecllo make a child cuslody determination undel. tile provIsions of G.S 511-E; (c) and G.S. 50p.-3il) N' The Court further concludes that it would be in the bes! interest of tilt" r:hilcJ(IT;n) tl10l the pc.1renting ?l~Jr8emelll of the ~ par/res be Incorpora!ed into an order of tile Couli. 1 , ~'! :1,- IS, O~DERED (hal ~rle pcH"ties' pc:~renlin9 agreemenl, (1 copy of whic,1l is Clll,<Jcllcd, is incol-poratecJ 81,lcJ becoille:;, :-11; urder i! (II 1'.'11~' CourL The.partles may by mutual agreement re~el1\er the cOlfrl s l11"lilCl\r()If procJlnfll wllllOfll n.ILlllilCI COIl:, ",llOI, . provided thai any modification a9reement be submilledto the court for its applOval. 1\ filed copy of tillS Order Sl1811 he .~ mailed to the par\18s 3nd their counsel. I ~: ALL PAF~T1ES ARE NOTIFIED lhal II is a FELONY for c:my per-soil to taKe or [:-allspor'l, or- cause to be takerl or- tl lrZ1fl:Jpo.l"ted, (any 0:) tlle_ minor- Cllild{ren) included ill this Order, outside the st:=lle, or- to keep the chilcJ(ren) outside the: ~I state With the Intenr to violate tillS Court Order', a:'ld such action shall be subject an'y' such person tc cr;lillrlal prosecutlor-'; ~'1 under the provisions of G.S 14-320.1. tiL. ~:L~mberland County Family CourtJMediation Division P.O. Box 363 Fayetteville, NC 28302 Telephone: (910) 678-2920 Fax: (910) 829-4101 r:.lllle',' j I, I' {ii/IIII' of Jl/"esidil1.l'. .Judge. I '/' ! 7 (/ ,I) Z- A. Elizabeth Keever ~,~_\_/::J!'-- I CDp1es of this Order have been dlstrlDuteclto the follOWing: Edl\'~1\'(js. Timonl'/. D/Smllh, Drew i 1<c11\', Colleen/Smith, .Iullc '.., - Sig,llilllIJr' ,,(J're,lidiIl2 .Jwlr;c: 1)--:01 ' n . d] .' LL1-.-y(J'.-v_f!..'y '- )~ILu/..eA EXHIBIT A 1./( i1':rl"II',"_!!iJll'i'S/ii,il1ll1iii\fITI!rO;'(-/\//' i.,....<.'( N"I'isn! iI_',n,) STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE CUMBERLAND C01.)NTY DISTRICT COURT DIVISION FILE NO: 02-CVD-(i7Ci7 SMITH, DREW PARENT and PARENT1NG AGREEMENT SMITH, JULIE P/\RENT The following is a Parenting Agreemenlmade by Drew Smith (Father) and Julie Smith (Mother), the parents of Dakotah Smith (Bom September 17, 1998). This agreement reflects bolh parents' beliefthat it is in thc bcst inlcresl of D"ka{{lh to sharc as full a relalionship as possible with each parent, and for both parents to have input into decision-making regarding Daka/ah's welfare. These agreements reflcct a carefully balanccd package, which considers parel1lalneeds and abilities, as well as the developmental needs of their child. A. Residence: Both parents agree that Dako/ah will continlle to reside with his Mother, who will have primary care and super'vision of him. B. Decision-Making: Parents agree to sllClrcloill/ly in making the decisions, as often as possible, in reference lo the major areas of parenting, and specifically: 1. The parenls agree that whichever parent Doko/ah is with, that parent has the right to make thc day-to-day decisions for him. Inmalters of more consequence with long-lasting signijlcance, lhese it;$ues Vv.ill be discussed between parents in an effort to resolve them by mutual agreement In the event that the parents cannot agree, they agree to seek assistance frol11 a relevant professional or retum to mediation. 2. Both parents shall have full and complete access to school records and information, right of participation in school conferences, events and extra ClllTicula activities, and right to consult with teachers, counselors and olhcr school personnel. Further, parents agree to keeD each other noti fled and in fOllned of these events and acti vi li cs. PAGE I OJ J FILE NO. 02-CVD-G767 3. Both parents agree Mother shall send Father a c"py of the school schedule, infol111ation about school pictures. and a copy of the ['epol1 cards of Dakolah wIthin five (5) days of receiving them. 4. Both parents shall have the right to authoriz.e medical treatment if needed, right of full and complele access to medical records and information, and to consult with physicians and other medical practitioners. 5. The parents recognize the importance of sharing infol111ation between households as it relates to Dako/ah. Infol1lJatlon shall include but is not limited to the. general health, education, welfare and progress of Dakola}" specifically, illnesses, mcdical treatments, appoi:ltmcnts and hnspi tJ.l izo::ons. () The parents agrec to notify the other of the following: a. any cmergency involving j)ako/ah as soon as it is safe to do so. b. any change in home address, home phone number or emplO)111cnt phone number within (()rty-eight (48) hours, so long as such infollllation is not used to harass the other. c. iieither should take Dako{a}, out orthe area fe,r overnight travel or vacation, and provide a conlaet number to be used in case of an emergency. 7. The parents agree that ifeither ofthcll1 should move out of the area. thus making the parent agreement impractical, they agree to give each other at least sixty (GO) days' notice am] meet prior to such a move to ,1Itempllo draft a new parenting plan. C. Time-Sharing: 1. 80lh parents agree that lime-sharing should be in two phases: a. Phase 1 will be that period when Mother is residing in Pennsylvania and Fatber is still located at Fori Bragg. During tbis period time-sharing will be nexible and mutually agreed upon by both parents and Father agrees to give Mother seVen (7) days notice prior iu (~jIlVS;i'-li;iib. b. Phase two will be after both parents reside in Pennsylvania. At that time both parents agree that primary care and supervision by Mothcr will becomc shared physical custody by both paI'ents. They will achieve shared physical by each having Dako/ah for a week al a time. The change over day will be determined at 3 bler date by the parents. The parents understand that they may make changes to the schedule as well as arrange for additional time provided the changes are by mutual consent. In the event that they do not both agree tn any changes this schedule will remain 111 piJee. PAGE 2 OF 3 '] , , FILE !~Cl.. 112-CVD-() 7()7 J.) Holidays/Special O('c~sions/Summcr: Holidays \vill be shared bei\vecl1 jlJ.re.llts \vith tllC ulldersl~lIldil1g lhJl the lloiidcl)' ;:lIlcJ \'ac~llion sc,hedule supersedes 1he regular schedule. Holidays arc bClscd on !oG\1 publiC school calendar i Clu-istn1as, Thanksgiving :~nd Easfer: BolL parents agree lhnl they \\'jll decide how each will celcbr;J\e these hulidays with Do!ca/ail thirty (~Ci) days 1'1'101' to c;Jeh holiday. In the even I they cannot decide starting in 2003, Falher will celebrate Christmas with Da!lofah ill odd Ilumbered years, Mother in even. Molhcl' will celehrale Thanksgivmg with Da!co/llil in oJd !lumbered YCilrs, father In even, JV1ot11cr wi]) celebrate EJstCT \villi n(!ko!o!? in ry,-id !]lJll'ocrcd ~1'~;l:'S, F;:d,hcr in <,:'-'en. Bit-thday (Dakotah): Both p3rcn\s agree to celebrate DIl!co/l1il's birthday with him, his or her closest time-share to Dakolllh 's birthday. Mothcr's/Fathcr's Day: 80th parents Ilgrce f)1I!colail will celcbr;]lc 11'ls occasion with the honolcd palen!. Sun-lnH~r: Both p:lrc.l1ts agree 10 continuc their regular schedule during the SU!lll11cr and decide an)' cxtcnded time with f)O/'OIIl/1 on a c;]se,by-clsc basis thiny (0) days pl~ior (0 the c"tended time-share " 4 F Parents are aware thatlhis agreement may need to be modified as their siluations ehllllge anclthc Duko/II;' grows older. Parents will attemp( 10 rcsolve any disputes through I11UlUZlI discussion or hy" rctlllll 10 l11edi,rtion. ^n 'Ippoinllllcnt m/I)' he scheduled directly with the mediation staff. Thereafter, a motion ll1ust be filcd with the (~oul'i. F The Cumberland Count)' Sheriff, his deput)' and othe,' approp,'iate law cnforcernent offida!s~ 3rc ordcn_~d and directed to assist the iitig3UtS, in any w:~y, to pcaccfuHy enfor.ce the provisions ofth1s Order. i - (J n - n / ---:1- Lc!) j~t;r \ ">}tYl ~d,r __j/ ~ ;;J_~ -t:>~:2 ( Par~ D~ "'-14 ~-------7" _____ ',4.c..-~ ',;:, -I" / , - ~Te!ll /i-O-CL Dale .m] / ~ /' I"~! ~-1/7 ;,/ L v'./(/'I1/'-'/JiY ~, ;LfjJ,' ,-( 'c District C\:;lJ7t .llldL!~; PrcsidirH,: }i A c; E :. OF J - ',-' '-';1 , 2--; / () Z-- , , . VERIFICA nON Subject to the penalties of 18 Pa, C,S,A, ~ 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. (-? ' ~2&~ D~mlth Dated: ~lf/O(o CERTIFICATE OF SERVICE AND NOW, on this 8th day of February, I hereby certify that I have served a true and correct copy of the within document, via certified mail, return receipt requested, postage paid as follows: Julie Fuller 2104 Wentworth Drive Camp Hill, PA 17011 ~'QJi.0oMMrr / Jeanne M, amhart ("" , , , .- (-.:.) -n = " ... __._.l >:<, ~ ~0 , (' L] J, ~ C:) c- .~ ~ -~.... ~ :,-.i;: "" \...f\ " r-, , .,J ,~ ,J <--' -< (: JULIE FULLER, RESPONDENT/PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DREW SMITH, PETITIONER/DEFENDANT 04-971 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of February, 2006, IT IS ORDERED that a hearing will be conducted on the within petition for emergency relief at 11 :30 a,m" Monday, February 13, 2006, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. BY. the Court, 1- SA --- Edgar B, Bayley, J, --........, Julie Fuller 2104 Wentworth Drive Camp Hill, PA 17011 " ( )-4.06 c!~A.,O .~l.J.. JU!; Debra Denison Cantor, ESqUire! For Petitioner :sal c- o (:::J C:" -'::-:'< .'_1 u... t,!_ 1._' .. JULIE FULLER, Plaintiff/Respondent v, DREW SMITH, Petitioner/Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO, 04-971 CIVIL TERM CIVIL ACTION - LAW (IN CUSTODY) PRAECIPE Please file the Affidavit of Service (attached hereto as Exhibit "A") in the above- captioned action. Dated: February 9, 2006 McNEES WALLACE & NURICK LLC By Attorneys for Petitioner/Defendant, Drew Smith ~ - , ~,L kl b' 1 fr JULIE FULLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PlaintifflRespondent v. : NO, 04-971 CIVIL TERM DREW SMITH, CIVIL ACTION - LAW (IN CUSTODY) Petitioner/Defendant AFFIDAVIT OF SERVICE I, Michelle M. Dealy, of McNees Wallace & Nurick LLC, do hereby certify that I served a copy of the Petition for Emergency Relief, dated February 8, 2006, and Order of Court, dated February 8, 2006, upon Julie Fuller, by hand delivery, on February 9,2006, at 2:08 p,m" at Hershey Medical Center. 7; ..Gt.~~ '-:h <: Michelle M, Dealy / ~Y' CV~, Dated: February'}, 2006 Sworn to and subscribed to before me this ,\",., day of h.\liW;f'i ,2006, \ uVV~'\';t.~v3.f J ( Notary Public NOTARIAL SEAL ,: MICHELE S. BEERY, Notary Public I Ctlyof Harrisburg, PA Dauphin County I My Commission Expires July 6, 2006 CERTIFICATE OF SERVICE AND NOW, on this 9th day of February, I hereby certify that I have served a true and correct copy of the within document, via first-class mail, postage paid as follows: Julie Fuller 21 04 Wentworth Drive CampHill,PA 17011 ".~CfLuJ \ba;;/11 /~ J anne Barnhart (./ ,.-:" ,....., "J ',:;,',1 '.) " -."\ t"~:,\ -~ c:) ...-;, .r t;:? C:.J ;';" ",- ~')J ",4, , JULIE FULLER, RESPONDENT/PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DREW SMITH, PETITIONER/DEFENDANT 04-971 CIVIL TERM ORDER OF COURT AND NOW, this ,~ day of February, 2006, this matter having been called on a petition for emergency relief, and the parents having reached agreement for the entry of a temporary order, IT IS TEMPORARILY ORDERED: (1) The North Carolina custody order entered on November 25,2002, providing the parents with week on/week off periods of temporary physical custody with Dakotah Smith, born September 17, 1998, which the parents have been following although they now live in Pennsylvania, IS VACATED. (2) Dakotah shall live with his father. (3) The mother and the maternal grandparents shall have visitation with Dakotah in the home of the paternal grandparents in Mechanicsburg, Cumberland County, on Monday, Wednesday and Sunday evenings, (4) Adam Bowser shall have no contact with Dakotah at any time including when he is in the Hershey Medical Center. ) -', .,,\.1 .;:!U.I --~~ ,-:'.J ".....-:> t") ,:") ~.d '-'- , . Paul Taneff, Esquire F or Respondent Debra Denison Cantor, Esquire For Petitioner :sal ~ '---..--->.--.------ ~ ,,[./3 O(p C). JULIE FULLER, Plaintiff/Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-971 C) ....,., DREW SMITH, -' ') '11 hi 1:"1 : Defendant/Respondent. CIVIL ACTION-LAW CUSTODY L-.o OF PETITION TO VACATE TEMPORARY CUSTODY ORDER (n FEBRUARY 13, 2006 AND TO REINSTATE THE NORTH CAROLINA 0) CUSTODIAL ORDER OF NOVEMBER 25. 2002 NUNC PRO TUNC (-~.- .-j NOW COMES, the Plaintiff/Petitioner (hereinafter "Petitioner"), JULIE FULLER, by and through her attorneys, Ricci & Taneff, and files this Petition. In support of her Petition, the Petitioner states as follows: 1. Petitioner is JULIE FULLER, residing at 2104 Wentworth Drive, Camp Hill, PA 17011. 2. Defendant/Respondent (hereinafter "Respondent") is DREW SMITH, residing at 1073-6 Lancaster Boulevard, Mechanicsburg, PA 17055. 3. Plaintiff seeks shared custody of the following child; namely: A. Dakotah Smith (sometimes referred to as "Dakotah" or "child"), who was born on September 17, 1998 and is 7 years 6 months old. B. Al though Dakotah was born out of wedlock, the natural parents, Drew Smith and Julie Fuller, subsequently married on June 12, 1999, but were later divorced in 2004. C. The said child is currently in the custody of the Respondent pursuant to a Temporary Order issued by this Honorable Court on February 13, 2006. 4. During the past five (5) years, Dakotah has resided with the following care givers and at the following addresses: List All Persons List All Addresses Dates! Petitioner, Respondent New Cumberland, PA 09/98 - 06/99 & Paternal Grandparents Petitioner & Maternal Harrisburg, PA 06/99 - 11/99 Grandparents Petitioner & Respondent Ft. Bragg, NC 11/99 - 05/02 Petitioner & Respondent Ft. Bragg, NC 05/02 - 11 /02 Petitioner Ft. Bragg, NC 12/02 Petitioner & Respondent Lemoyne, PA 12/02 - 02/06 Camp Hill, PA Mechanicsburg, PA Respondent Mechanicsburg, PA 02/06 - Present 5. The natural parents of Dakotah are as set forth herein: Child(ren) Dakotah Smith Mother Julie Fuller Father Drew Smith 6. MOTHER of the said child, currently resides at the address set forth in Paragraph 1 above and is single. 7. FATHER of the said child, currently resides at the address set forth in Paragraph 2 above and is single. 1 From May 2002 to February 2006 the parties either informally or by Order of Court shared custody of the minor child. 2 8. Petitioner's relationship to the subject child is as follows: Child (ren) Dakotah Smith Relationship Mother 9. Petitioner lives alone. 10. Respondent's relationship to the subject child is as follows: Child (ren) Dakotah Smith Relationship Father 11. Respondent resides with the following persons: Name Relationship Kristin Fialkowski Paramour 12. Petitioner has participated as a party in other litigation concerning the custody of the said minor child in th Honorable Court as follows: A. Dakotah was born with a unique degenerative disea called Mucolipidoses Type 2, also known as "I" Ce Disease (hereinafter "I Cell Disease"). B. I Cell Disease is a genetic disorder wherein lipi (i.e., fatty cells) build up in the body and cau damage to body organs and internal body function C. As a result of Dakotah's I Cell Disease, Dakot suffers from, other things: among Septoglycemia; (ii) Osteoporosis; (iii) leaki heart valves and (iv) low bone density. D. Since his birth in 1998, Dakotah has be hospitalized 10 to 15 times due to various medic 3 , is se 11 I ds I se I s. I ah I i) I ng I I I en al , conditions that arise from or are related to his I Cell Disease. E. On February 4, 2006, Dakotah was admitted to the Hershey Medical Center and on February 5, 2006 underwent surgery to relieve a subdural hematoma. F. As a result of this hospitalization, the Respondent filed a Petition For Emergency Relief (hereinafter ~Emergency Petition") seeking sole custody of Dakotah. G. The Respondent's Emergency Petition alleged that the Dakotah had suffered an ~extreme blow" to the head and that the Petitioner caused or was responsible for the Dakotah's injuries, H. Petitioner believes and, therefore alleges, that on or shortly after Dakotah's admittance to the Hershey Medical Center, a report of suspected child abuse was made by a member of the staff of the Hershey Medical Center to the Cumberland County Children and Youth which precipitated an investigation both by the Department of Public Welfare and the Lower Allen Township Police Department. 1. On February 13, 2006, the parties, through their respective attorneys, appeared before Judge Edgar B. Bayley, and entered into an aqreed Temporary Order granting, in part,: (i) temporary physical custody to the Respondent; and (ii) regular 4 visitation to Petitioner to avoid costly litigation and to permit Children and Youth and Lower Allen Police Department to conclude their respective investigations. A copy of Judge Bayley's Temporary Order of February 13, 2006 is attached hereto and made a part hereof as Exhibit-nA". J. On April 4, 2006, Cumberland County Children and Youth met with the Petitioner at her home to advise her that she had not been the subject of their investigation into abuse and/or neglect despite the Respondent's allegations and suggestions to this Honorable Court to the contrary. 13. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. Petitioner does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to said child. 15. The best interest and permanent welfare of the said minor child will be served by granting the relief requested because: (a) Petitioner has demonstrated an ability to provide Dakotah with a stable, loving and caring home since birth; (b) Petitioner has been an active and primary care giver and has proven her ability to raise and care for Dakotah on her own; 5 (c) Petitioner and Dakotah has formed a strong bond and Dakotah has become accustomed to spending significant time with the Petitioner and her extended family; (d) Petitioner is intimately familiar and schooled in Dakotah's unique genetic disorder and is capable of intelligently interfacing with the child's various medical providers, school and other care givers to ensure the said child's best medical care and development; and (e) Dakotah's development will be enhanced by returning Dakotah to a normalized custodial arrangement with both natural parents which he has become accustomed to for the past three (3) years. 16. Each parent whose parental rights to the said minor child has not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, the Petitioner, JULIE FULLER, respectfully requests this Honorable Court to vacate the Temporary Order of February 13, 2006 and to issue an Order reinstating the custodial arrangements contained in the Order of November 25, 2002 issued by the North Carolina, Cumberland County, General Court of Justice, Family Court Division.' , A copy of the North Carolina, Cumberland County General Court of Justice, Family Law Division Order of November 25, 2002 is attached hereto and made a part hereof as Exhibit-"B". 6 Dated: April 12, 2006 7 RICCI & TANEFF By: P Sup. 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorneys for Petitioner VERIFICATION I, JULIE FULLER, 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.C.S. ~ 4904 relating to unsworn falsification to authorities. DATED: April 12, 2006 Gu~l~l~~~~ _ JU I UL R, Petitioner CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Petition was served upon the following person at the address set forth below on the date referenced herein by U.S. Mail, First Class, Postage Prepaid: Debra D. Cantor, Esq. McNees Wallace & Nurick, L.L.C. P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 Dated: April 13, 2006 ~~CW1 Attorney for Petitioner EXHIBIT-"A" [TEMPORARY ORDER OF FEBRUARY 13, 2006 FOLLOWS] JULIE FULLER, RESPONDENT/PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, DREW SMITH, PETITIONER/DEFENDANT 04-971 CIVIL TERM ORDER OF COURT AND NOW, this ,f day of February, 2006, this matter having been called on a petition for emergency relief, and the parents having reached agreement for the entry of a temporary order, IT IS TEMPORARILY ORDERED: (1) The North Carolina custody order entered on November 25, 2002, providing the parents with week on/week off periods of temporary physical custody with Dakotah Smith, born September 17, 1998, which the parents have been following although they now live in Pennsylvania, IS VACATED. (2) Dakotah shall live with his father. (3) The mother and the maternal grandparents shall have visitation with Dakotah in the home of the paternal grandparents in Mechanicsburg, Cumberland County, on Monday, Wednesday and Sunday evenings. (4) Adam Bowser shall have no contact with Dakotah at any time including when he is in the Hershey Medical Center. BY.. the court~"1// ./ .,' / / // / ~\ I>,r // . . / / , . " ~. .." ;:':'<;:~,~:~''''';:'-''', 'H ~ . '-"~ ~'.(,.. I -.. "la -"" -;--""'.,.1 ~i T~-~' i;. '~i'.\ .":;",'~ :'~"'_,i (1!.,;'l1:\""~ ?;;'~J ~~i'J ~'''-71~i ;~'-:J ," ,0 ".". L~:' ~ ~':';;;~~:~i:' .?)1:~ " _"'l/. 11'" l'5 - .....' ;" .'1, n "^t) I ~,::=CI;~_,lt:b:tllcw_~J;,p;;- .t"~'~~hl}r'i~rtJ ) EXHIBIT-"B" [NORTH CAROLINA ORDER OF NOVEMBER 25, 2002 FOLLOWS] ~ 'jlcNo :-- . l~__~____ L_CVD-00i3767 iN THE C;EI,ERALCOURT ')FJijSTII~E'- ---- Fa_mi!y Court Division --~~-_.~ Ii:: OF i\IORTH Cf-\RIJL. U iTY OF CUr'!iBER.L.'\ND 1--------.----.. . "'111/lllI.li Si-;-ii~.:-;, Drew i c Order ,4,dopting Parentin';J .'\g,eeI1'l9;-I, VS. '--~-- 'II!,I"I,'II I F"l~ n.:lle 0[1,,:91:002 ~ Sll'ilf~, clUllG ~ I Cumberland Counlv Fanlllv Cour! Loc;;.i RuL,_s i';r"~""'.o:':'~~::-':~~"""'-=~~''''''''"''''~''''''''"'~~'''''''''''''''~'''''-'''''''''''' '",.~"..........."'nr~ns.."~"'~1'n","",,"''==?'''<;l~~:;?~, ,~'i Tills ITIE1Uer inl/olves issues relating to child custody or visitation. Tile padies \,vere ordered to participate in [he Cour~,;' f lllediC:-Jlioll pro~lram for custody and visitation dispules. The parties were successful in reaching a rnedialed parenlin,,;: , ;JQreement Vvhich I"esolves the dispute. The p2rties have been provided an opportunity 10 review their parrnting ~ <-1QI.eemenl wilh Hleir a!lmneys, if any, and anyone else of their choice. Each party has now acknowledged (hal [he CClllrt ~ should enler an order making their parenting agreement an order of the Court. The parties' parenting agreement has t been reviewec: by Ole Court 1\10 good re850111185 been shown as to why the parenting agreement should not be nVK;:: ~~ irllo a \:(lU:-l. or(ler ~ f ,)UOICIAL FlhlDINGS ~ "he Cnl.ii'1 IlnlJs Ihal lor tile six (G) monllis precedil19 Il1e liling of Illis <1cliOl1 Ihal: !,r ril The plcril1lif1 was a resident 01 .---..J,il.fU.8....CJ\.O.b-J,N A (enler slale) ilCJ rhec!cfellClalllwas 0 residenlol NORTH CAROLltJJl (enters/ate) [.j CJ The chilci(len) W<1S,fW,,,8 leslrJenl(sj 01 NOR T H CAR n Llliil._ (en/er staie!. U [) Ulhel .___ \1 8858Cl on 1118 1018goln,) findings, Ihe Court concludes Ihal ilhas Jurisdiclion of 1I1e parties and subJecl mailer, 311[111"." it IS ~ aulhorrzeci 10 make a child cuslody detenninalion under the provisions 01 G.S. 50-13 (e) and G.S. 50P,-3(1) ~ The Court furlller concludes Ihat it would be in Ihe besl inleresl of Ihe chilcJ(len) Ihal the pmenting agreement 01 [he II pilrUces be Incorporaled into an order of the Court. , iIi iT is, Or-:;OERED thai nil:! parlies' paren!ing agl.88menl, a copy or which is ali.'::lclleu, is incGr[lOl"c:llecl c]1l(J IJeCOr;lG:, ;:r; id'Cl'2l. [,:11 ur I! 11:-", COllr:,. The fJC1rlies rna)lby. mu!ual Clgre8men! I-e.enlcr [Ile:! cOllrl's ll"\~diCl(jOr'l profj!"C1fll wi!llUU! [1 fuill18l. C{JlI: \ (II clc~l, ~II o:-ovided (hal, cillY illocliilCalioll 8qreemenl be submitted to the court for its appmval. 1-\ filed copy of this Orclcr SIF~[1 !l(' l'I' , ,,- "::1 mailed to lhl? p;:lI.llE:S 3 1"1 rl lheir counsel. ~I " U ,L\LI_ rJ;:IJ:-~TIES !-\RE i\IOTIFJED \1l8\ i! is a FELOI\J'{ for 3rlY pel.soll \0 lake Dr" lrarlsporl, 01" cause to b8 lcd',en 01" ~~ Ir.]n::,pol"led, (ar1) of) [hce minor cllilcJ{l-en) includecl in this Order, outside the S\EI18, 01" lo keep the chiicl(ren) outside lh~: n stElle with tlle in[(~lll to vlolale [his Court Order, 8ilcJ such action shi:llllJe subjecl any such persoll to cl-iminal prosecu\icJil ~:I under the. pn)vlsions of G.S. 14-320.1. i'l l.l"'.""'1'.l<I'='r;"""""~,,,_,,_ .......~-...m'...... ~;L.~~~Famj')1 Cou~~..:.diati~~~::iLsjon !:.~:.!ox 363 !})II/C) J . NIIIIIP n/ /J/"r.tidi/l.: .Il1dgc.: I 1/ i Z, 'J ; (I z...- A. Elizabeth I<eever CiJp:C:;~j of !hi:?, Ol'dcr ha'/8 \)e811 dls\riou\ecJ to the followillg: hil\'lllds. I'II1Wtl1y, D/Sl1lilh, Drew i:cll\'. C'ollcm'Slllilh, .llIlie Fayetteville, NC 28302 Telephone: (910) 678.2820 Fm;; (910) 829-'1101 ______= . _~_~"""'''''''''"''''tt I SignnllrlT (If /'reJidillg ,~lIdgr: I m~(jL.l.Y-1Z . 7r.""">"".__.~_ -......,,~~~..._^-..,_.~, ) / C_r?___e:-L./-c~",- EXHIBIT A ""~ '" , .1.-i(.U\'<"I',is...-ll,,"II'....,i,./,l!nil,lirl.i!,'.'(.i\/!',.I.,i." /i,.'./I',.,{(,_','{p STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTiCE CUJ\,1BERLAND COUNTY DISTRICT COURT DIVISION FILE NO. CI1-CVD-(i7G7 and ] ] ] ] ] ] ] ] ] PARENTING AGREEMENT SMIT!{, DREfF PARENT SMITH, JUUE l1/\REHT The following is a Parenting Agrecll1cntmadc by Drew Smith (Fa/IIel) and .Il1li(' Smitll (Mollra), thc parents o[Dakotali Smith (Bom Seplember 17,1998), TI1\5 agrcemellt renects both pal'ents' bclie[thal it is ill the best interest o[ Da/,o!,,;' to sharc as full a relationship as possible with each parenl, and [01' both parcnts [0 have in[Jut into dccision-making rcgarding Dalralail's welfarc. These agrecments reficct a cMeflllly balanced package, which considers parenlalllccds ancl abilities, as well as the developmcntalllccds of their child. ;\. Residcnce:: Both parents ""reG thai Do/cow;' will eOlllimlc 10 I'eslue wilh his Mother, who will have primary C8re and supel'vision of him. B. Dccisiol1-IVr~kjllg: P8renls Dgree 10 share/oinl!l' in making the dccisions, as often as possible, in reference 10 the major areas ofparcnling, and specifically: I. The parents a"ree that whichever parent Dakolllh is with, that parent hDs the right 10 make thc day-Io-clay decisions for him. lnmattcrs of more consequence \ViUllong-iasllng signifICance, these j:;;sues wil1 be discussed between parents in an effort to resolve tbem by mutual agrecment In the event th:tllhe parcnts cannot Dgree, they agrec 10 seck assistance from a releVDnl professional or retUnl to mediation. 2. Both parents shall have full anu complete access to school rccOlds and informalion, right or participation in school conferences, events and exlra cUITicula activities, and right 10 consuJ[ with teachers, cOllnselOl's and other school personllcl. Further, parents agree to keep each other noli fiecl 81lU in formecl 0 f these cvcnts ancl acti vi ti es. P/\,CiE I or 3 FILE NO.: 02,CYD,G7Ci7 3. Both parents agl'ec Mother shal] send Father a copy of the schoo] schedule, info1l11:ltion aboul school pictures, and a copy of the rcpon cards of Dakoroll within five (5) days of receiving them. 4. Both parents shall have the righttll authorize medica] treatment if needed, right of full and complete access to medical records and inform:]tion, and to consult with physicians and other medical practitioners. 5. The parents recognize the importance of sharing information between households as it relates to Dakofah. lnfomlation shall include but is not limited to the general hcallh, eclllcatioll, welfare and progress of Dakololl, specifically, illnesses, medical treatments, appointments and hospi t:1\ i ZG~\OI,S. 6. The parcnts agrec to notify the other of the following: a. any cmergcncy involving Dak%/i as soon as it is safc to do so b. any change in homc address, home phone nllmber or cmp]oymcllI pholle numher within fl1rty-cighl (48) hOllrs, so 10llg as such illfolllliltion is notllscd to harass Ihc olher. c. ii'cithcr should take DokolaiJ out ollhc arc a for ovel'llighttravcl UI vilccllioll, alld provide a COlltilct Illlmber 10 bc lIscd ill case 0 r all cmergcllcy. 7. The parcnts agrce that if eilher of them should move out of the area, thus making the parent agrecmellt impractical, they agree to give eaeh other at least sixty (liD) clays' noticc and I11cel prior to such a movc to "ttcmptlo draft a ncw parenting plan. C Timc-Sharing: 1. Both parents agree that timc-shal'illg should be in (wo phases: a. Phasc] will he that period whell Mother is residing in Pellnsylvallia alld Father is stillloeatcd at Fo1'l Bragg, Durillg this period time-sharing will be flexible andmlltually agreeclupon by both parel]ls and Falher agrees 10 give Mother seven (7) days llotice prior lu liiJlc-sij(l{ ;ii~. b. Phase two will bc after both parents reside in Pennsylvania. Ai that time. bolh parents agree that primary care and supervision by ]\'lothcr will become shared physical custody by both parents. They will achieve shared physical by each having Dakota/' fa: a week at 3 lime. The change over clay will be determined at a jcltcr date by the parents, ) The parcnts understand thai they may make eh'lIlges to the schedule as well as alTange for ilclditiona\ time provided the changes arc by mulua] consent. In the event that they do not both agree to any changes this c;chcrlulc \Viii rCllIain ill plc]ce. PAGE 2 OF J FILE I~(). 01-CVD,CJ7(i7 r:J Holicl;]ys/Spc,cil1! Occ;1sio[lSISunimcr: Holidays wili be shaxccJ bet\\'ccil i)~I-cms willl [he underst8ndillg tha[ [ile holiday O:lei v:1c~liioll c;chcdule supersede" ihe regulor schedule. HOLidays arc bascd 011 loc81 public school calendar -, Christmas, Tllanksgil'ing and Easter': Both parellts agree ihat they wlil decide how each will cclchrJle these holido)'s with Dako{oJ, thirty (JO) days prior to each holiday. 111 the evel11 they COllllot decide starting ill 200J, Father will celebmte Christl1l~ls with Ooko{oh ill odd Ilulllbered years. Molhel- ill evell. iVlothcl' will celebratc Thanksgivillg with DC/kolo!, iil oJd IHlll1bcred YC;l1"S, Falher ill evell. rVlolilcr will c.elebrate EJsln \Vitli l)ukofoh !!l ('Jjrj i1I.1Illb(TC'C! ~":.(lr5, F~:d_hcr in SVCI"!. Birtliiby (IJakolali): 80th 1181T11[5 agrcc to cclcbrClle Dllkolllh's ImtllclClY with 11illl, his or her closest lillle-shalT 10 DokO{II/J '5 birthd"y. Motllcr's/Fatllcr's OZ/y: Bolh parcnls agrcc Du/cofu!, will celebrJle tI,i,: occ"sion with thc honorcd parcnl. Slwul1cr: Both p,lrc.II(!; ,lgrce to conlinuc their rcgulM schcdule dUI'ing the SUilll11Cr and dcelde any cxlended lil11e wilh Duko{o/J on ,I case-by-e;lse b,lSis thiny (JO) days Pl'ior to Ihc cXlcndedlilllc-shal'c. J. 4. EO P,ll'CI,ls "re ;IW;,I'C tlla( this "grcc\l1cnl 1ll,IY Ilceel to be l110dificd as Ihcil' sitllalic1I1s Ch;:1:1gC (I11cllhe f.)ako(all grows older. Parcllls \-vill lItlcl11llt to resolve allY dispules through Illulual discussion or by 11 l'clul'Il (0 Illcdiation. An ilPI'oillllllclJllmy be sehcdulcd direclly with tbe Illcdi"llon sl"ff. Thcrc"ncr, a lllolionl11ust be flied wilh lhe COLIn. F. The Clllllhet'innd County Sheriff, his deputy 'llld othel' al'p,-opriatc law enforcement off'ici,,!s, are ordered aod directed to assist the litiganls, ii! Z/!!y ',v:tj', to pC:1c.c-fuHy ~Ilfot'ce the pt'ovisiollS of this Order. i- ) (J r(!- II I ~j. 1,-\(' ___ ,. ___ .-.,1 ! ' (;" c, l . f.! ,i, "..,] / J -..::]"" -/',' ) "~,_......-:J"=_1~~1~'-.......I-?--",,.L!-",--1..2::::L.~...l.- ~I......L.--=.:"'':o:=---.__.' 0:'" P;nclll - Dale . -------.' ~ ~- ), --- ./ / '~""""'" ". /1',2:1 / .~/7 ". "'-. .,/...-----. ~ '....:, -------....- - PZ(Cll! ! J ) <_ 0'7 . 1- L." L-. Dale AI] '(J . ~ 'I '/ ' I 00....,//I_i>J!J.:l I.. ICU!..L:f~, District C\~!J,?l Judge rrc:.;idil'lg ., ._" ( ., PA(jE",OT" II t5/0 I ~ (:) ~ ~~; \.v '0 - .l: VJ ...::J \' ~ [..J v -u ~ !?- -r ) ct -- ( . " ..,. JULIE FULLER PLAINTtFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-97] CIVIL ACTION LA W DREW SMITH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, ~~ Tue.d.)', April ]~O.~.,._._." 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 , _~th Floor, Cumberland CountL<::~ur!~()U...eJ.f.arlisl~__ on ____._J':.r~d.y-'_t\'!ay 2~, 2006 at ,8:30 _AM for a Pre'Hearing Custody ConlCrence, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to detine and narrow the issues to be heard by the court, and to enter into a temporary order. All children age fivc or older may also be present at thc conferencc. Failure to appear at the confercnce mav providc grounds for entry of a temporary or penn anent 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 tn scheduled hearing. FOR THE COURT. By: fsf Hubert X Gilroy, E~__tJ ~ Custody Conciliator r'- The Court of Common Pleas ofCumberbnd County is required by law to comply with the Americans with Disabilitcs 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 bel()re the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedt()rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249,3166 ~ c/~-,M. '>17" ~~ ~t7 'rip ~1/ $;'l7?}'1rnIPJJ:"'~ (. --r . //nf?J(\ fJ-?7 :Z l',,;p-,mt;;' '4-kt7 ,I ~9 !".-, ."') r' .... l' '.'.' .,.... . JV ,;f', I; 1.1. ,;?('!? 1r;7 v.c!/ . <,' " JULIE FULLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner v. NO. 04-971 CIVIL TERM DREW SMITH, CNIL ACTION - LAW (IN CUSTODY) Defendant/Respondent RESPONDENT'S ANSWER TO PETITIONER'S SPECIAL PETITION FOR EMERGENCY RELIEF AND NOW, comes Defendant/Respondent, Drew Smith, by and through his attorneys, McNees Wallace & Nurick LLC, and in response to Petitioner's Special Petition for Emergency Relief, states as follows: I. Admitted. 2. Admitted. 3. Admitted in part, and denied in part. It is admitted as to Dakotah's name and date of birth. It is denied to the extent that this is a legal averment. The relief requested by Petitioner cannot be granted as a matter oflaw, More specifically, the remedy requested in this paragraph is moot as Dakotah Smith passed away on April 20, 2006. 4, Admitted. By way of further answer, the shunt had been necessary as a result of child abuse inflicted on the child by Mother's boyfriend, 5, Admitted. Dakotah was released to the Myers Hamer Funeral Home, 6. Denied. Dakotah's body was released to the Myers Harner Funeral Home, located at 19th and Market Streets in Camp Hill. Mother was informed prior to the filing of this Petition of the funeral arrangements, which are as follows: a.) Sunday, April 23, 2006, at 4:00 p,m., Father's family will have a private viewing; b,) Monday, April 24, 2006, at 8:00 a.m., Mother's family will have a private viewing; c.) Monday, April 24, 2006, from 12:00 p,m. to 1:00 p,m" a public viewing will be held; d,) Monday, April 24, 2006, at I :00 p.m., an open casket service shall take place at the funeral home. Thereafter, Dakotah will be cremated, Father has purchased two urns so that Dakotah's ashes may be given to both he and Mother. Father has scheduled separate viewings so that each family would have private time with Dakotah to grieve and to avoid any unnecessary confrontations due to the highly eVlotional nature ofDakotah's death, 7. Denied as stated. It is Father's position that since he had sole legal and physical custody at the time of Dakotah's death, that he was the appropriate parent to render these decisions and did so with specific consideration of Mother and her family, The remainder of this averment is denied, 8. Denied. After reasonable investigation, Father is without knowledge or information sufficient to form a belief as to the truth ofthe averments set forth in this paragraph, and, therefore, the averments are denied. By way of further answer, Father and Father's family are in extreme distress over the untimely death of Dakotah Smith, especially due to the fact that it was the result of child abuse. " ,. WHEREFORE, Defendant/Respondent, Drew Smith, respectfully requests this Honorable Court to deny Petitioner's request. Respectfully, McNEES WALLACE & NURICK LLC By ~~~{Q,. '1> Cd /( 1n /J / Debra Demson Cantor I.D, No. 66378 100 Pine Street P.O, Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant/Respondent, Drew Smith Dated: April 21, 2006 . ' , . CERTIFICATE OF SERVICE AND NOW, on this 21 5t day of April, I hereby certify that I have served a true and correct copy of the within document, via facsimile and first class mail, postage prepaid as follows: Paul Taneff, Esquire Ricci & Taneff 4219 Derry Street Harrisburg, P A 17111 [Fax No. 717-564-8683] rial. ,!>a/Lit!A:vf anne M, Barnhart \ JULIE FULLER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, DREW SMITH, DEFENDANT 04-971 CIVIL TERM ORDER OF COURT AND NOW, this -;2.. , day of April, 2006, upon representation in the within special petition for emergency relief, that Dakotah has died, the petition for the entry of a further order regarding custody cannot be made.1 By the Ct;lurt; - yPaul Taneff, Esquire For Plaintiff / :sal ~ ~clo ~.~v () vefebra Denison Cantor, For Defendant 1 We clarify that this court's Temporary Order entered on February 13, 2006, providing that Dakotah would live with his father, and setting the circumstances when the mother could see him, provided that the portion of North Carolina custody order dated November 25, 2002, was vacated as to it "providing the parents with week on/week off periods of temporary physical custody with Dakotah Smith, born September 17, 1998," and did not vacate the provisions in that order providing for "Decision-Making~which the parents were to "share jointly," which we would designate in Pennsylvania as legal custody. ('l" .7 !" '...J. tir~ '<,' .. '.' .?4/21/~006 12:55 FAX 717 237 5300 MCNEES WALLACE & NURICK IdJ 004/007 .IULII..:: FULLl,:R, IN THE COURT Of COMM(lN PLEAS CUMBERl.AND CC)lIN'l'Y.I'ENNSYLVANIA PI aintiftlPeti t i oner v, NO. 04.971 CIVIL T'ERM DREW SMITII, CIVIL AC"l'ION - LA W (IN CUSTODY) Defendant/Respondent RI';SPONDENT'S ANSWER TO PETITIONER'S SI>~:CI^L PETITION FOR EMERGENCY RELIEF AND NOW, comes Defendant/Respondent, Drew Smith, by and through his attorneys. McNees Wallace & NlIrick LLC'. and in response to Pelitioner's Speciall'ctition 1,,1' EmergelKY R elie!: states as 11,lIows: I, Admitted. 2, Admitted. 3. Admilledin pa.i, and denied in pmi. It is admitted as to Dakolllh's name and date of bilih, Il is denied to the extent that this is 11 legal averment. 'fhe relief requested hy I'etitioner cannol he io,'Tanted 'IS a matter of law. More sped lie-ally, the remedy requested in this paragraph is moot as Dakotah Smith passed away on April 20. 2006. 4. Admitted. By way of hll'lher answer. the shunt had been necessary 'IS il result of child :1I1use inflieled on the child by Mother's boyij'iend, 5. Admitted, [)(Ikotllh WlIS released to the Myers ITamer I'uneral Home, 6. Denied, Dakotah's hody was rekased to the Myers Il;mlCr funeral Home, located at 19'h and Market Streets in Camp I IilI. Mother wa~ inf(mned prior to the filing or Ihis Petition or the ttllleral arrangements, which are ill; f()lIows: 'v~/21/'2008 12 55 FAX 717 237 5300 MCNEES WALLACE & NURICK ~ 005/007 a.) Sunday, April ~3, 2006. at 4:00 1'.111., F"ther's family will have:1 privat.(: \'Il::wmg; h) Monday, April 24. 200(.. n1 ~:OO a,I1L Mother's (zlInily will have" private Vlcwlng; c.) Monday, April 24, 2006. hOI11 l2:00 P,I11, to 1:001',01.. a public viewing will kheld: d,} Monday, April 24, 2006, at 1 :00 p.m.. an open ea,kd service sball t.ake place al the hmeral home, Thereafter, Dakolah will be erem"ted. Father has p1lrehased two urn, so Ihal Dakotah's ll,he.s muy be given to both he and Mother. Father has seheduled separate viewing' so that caeh family would havc private time with Dakolah to gricve and to avoid any unneccs,ary <:onlhll1tations due to tlw highly emotitmal n:1ture ()f Dakolah's dealh. 7, Denied as staled. It is Father's position that since he had sole legal and physical cuslody at the limc of Dllkolah's dcath, that he was the' appropriate parenl to rcndcr thcsc decisions and did so with spccilie consideration of Mother <lnd her (:lInily, The relnainder of this averment is denied. R. Denicd. Aftcr rcasonahle investigntion. Father is without knowledge or inl\lrlnalion sufficient to !<mn a belief as to tht, truth of the averments sct forth in this paragraph, and, therc!{)I'(" the averments arc denicd. By way of I'"iher answcr. Filther and Father's I:llnily arc in extreme distress over the untimely dcalh of I)"kotah Smith, especially due 10 thc illel that il was the result of child abuse. .?4/21 n006 12: 55 FAX 717 237 5300 MCNEES WALLACE & NURICK WIIFRHFORE, Dcfi.:ndantJRe~pondenl, Drew Sl11ilh, respectfully requests this H01101'ohlc Court to deny Pditioner's requcst. RespedllIily. McNEES W^"LACE &, NURIC'K LLC By '-"J'l (, ," /i'" I ). / ~.:,;..!L:,'C.\..Jl "...1. ';, I" /v.l 1\ ':L2~) .,,~':::~~~,..;.,_, I)ehra I)C'ilisol! C\ml(,r J.D, No. 66378 100 Pinc Strcct 1'.0 Box 1166 Harrishurg, P ^ 171 ()~,' J 66 (717) 232-8000 AtllllTlCYS li.>r Dcfendant/Respondent, Drew Smith Dllted: April:> J, :>00(, ~ 006/007 ~4/21~2008 1255 FAX 717 237 5300 MCNEES WALLACE & NURICK CERTIFICATE OF SERVICE II N [) NOW, "nthis 21 ,,' day of April, I hercby "crtify that I havc scrved a (rue and "OfTCC! "opy of the within document, via facsimile and iiI'S! class mail. postage prcpaid as Il)!lOWS: Paul T:lnef( Esquire Ricci & TanclT 4219 Derry Strce1 Harrisburg, P A 17111 IFax No, 7i7-564-8683] 'I,' hi ., .' 7' I ..//: )/1...) / "'/:'" iJ:lILLL Il-: 'J{V If. '.1'/((.:.. Jb;];lC M BUll1hnrt i ~ 007/007 ,4/2.1/200812:54 FAX 717 237 5300 MCNEES WALLACE & NURICK 141001/007 /~ Ifli __...,."_._ McNees Wal/ace& Nurick LLC ~lIlofOeys a11~,lV''' FAX COVER LETTER Routing #285 Clienl #235-23.0001 ,,:,~>:!?...., DATE: April 21, 2006 PLEASE DELIVER THE FOLLOWING PAGES: TO: Judge Bayley FAX: (717) 240-6462 FROM: Debra 0, Cantor Direct Dial: (717) 237-5297 TOTAL NUMBER OF PAGES, INCLUDING THIS COVER LETTER:'L_.. MESSAGE: FAX NUMBER: (717) 237-5300 SECRETARY RESPONSIBLE: Jeanne Barnhart TELEPHONE: (717) 237-5478 ""'CONFIDENTIALlTY NOTE..... '1"110 infonnalion Hnd documc:~nt5 nCGompanyfnfj this transmission contain information from the low firm of McNees W;;)llace & Nurick LlC which is confidential ~md/or !egi:.llly privilerW('J. The information i:5 intQndcd solely for the us.e of Iho imlividt.Jal (lr \;1'ritity named on this trnnsrnission sheet If you am not the desi~)nn1od mcipicnt. you are hereby nulll1ccl that ,'my disclosure. {;opying. distriblltlon Ot takinq of Jny action in fHlii:'l(J(;e on thn contents of this inforllldtion is prol1ibih:,'d. If YUll tklYO rocnjvml this tnJnsrrm;;~;ion in error, please nOlify U~ by !elephono immodiately so Il1at W(: can arranno for Il\(:~ rl:~turn of lhn origjn~ll clOCllments to us ~It no cost to you and wIth reimhursomont for cost yOLl may havG inGurrod in re~pondifl~J to this notification, 100 PINt:: Sn~L[I. PO Box 11G6 . HA!'~I~ISUURG. PA 1/108 . TE.L: /1/.232.8DOO. FAX: 717237.5300 . WWW.MWN.COM HA7t.E ION, PA. LANCASTER. PA . STATE' COLLE'GE, PA . COUJMflliS OH' WASHINGTON. DC 04/21/2005 10:23 7175548583 RICCI&TANEFF PAGE 04 JULIE FULLER, Plaintiff/petitioner, IN THE COURT Oli' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VB. NO _ 04-971 DREW SMI'fH, Defendant/Respondant. CIVIL ACTION-LAN CUSTODY SPECIAL PE'fITION FOR EMERroRNCY RELIEF NOW COMES, the Plaintiff/Petitioner (hereinafter "Petitioner"), JULIE FULLER, by and through her attorneys, Ricci & Taneff, and files this Special Petition. In support of her Special Petition, the Petitioner states as follows: 1. Petitioner is JULIE FULLER, residing at 2104 Wentworth Drive, Camp Hill, PA 17011. 2. Defendant/Respondent (hereinafter "Respondent") is DREW SMITH, residing at 1073-6 Lancaster Boulevard, Mechanicsburg, PA 17055. 3, Plaintiff seeks immediate shared legal custody of the following child; namely: A. Dakotah Smith (sometimes referred to as "Dakotah" or "child"), who was born on September 17, 1998. B. Although Dakotah was born out of wedlock, the natural parents, Drew Smith and Julie Fuller, subsequently married on June 12, 1999, but were later divorced in 2004. C. The said child is currently in the custody of the Respondent pursuant to a Temporary Order issued by this Honorable Court on February 13, 2006. 4. Yesterday Dakotah was scheduled to undergo surgery 04/21/2005 10:23 71 75548583 RICCI&TANEFF PAGE 05 to remove a shunt and, before going into surgery, died of a cardiac arrest. 5. Hershey Medical Center indicated that Dakotah's body is to be released to his father, Drew Smith, and a funeral home of father's choosing. 6. Hershey Medial Center, the Defendant, Drew Smith, and his immediate family consisting of his natural father, Clarence Chriss, and stepmother, Peggy Chriss, have refused to provide the Petitioner Julie Fuller with any information relative to her son Dakotah's care, disposition of his remains, funeral services and other post mortem arrangements. 7. Hershey Medical Center and the Defendant, Drew Smith, have taken the position that the Petitioner Julie Fuller has no parental rights with respect to her deceased son Dakotah because the Temporary Order of February 13, 2006 only grants her periods of supervised visitation. 8. In view of the foregoing, the Petitioner Julie Fuller has been and continues to suffer extreme emotional distress over the loss of her son and the manner in which she has been treated by Hershey Medial Center and other persons identified herein. WHEREFORE, the Petitioner, JULIE FULLER, respectfully requests this Honorable Court to issue an Order modifying the Temporary Order of February 13, 2006, by granting her immediate shared legal custody of her son, Dakotah Smith, and his remains. 2 04/21/2005 10:23 71 75548583 Dated: April 21, 2006 RICCI&TANEFF 3 PAGE 05 RICCI & TANEFF By: Tans ,Esq. Ct. No. 6377 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorneys for Petitioner 04/21/2005 10:23 71 75548583 RICCI&TANEFF PAGE 07 VERIFICATION I, Paul Taneff, Esq., hereby acknowledge that I am the attorney of record in this matter representing Julie Fuller; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge based upon information furnished to me in an interview with Julie Fuller provided in the course of my investigation and preparation of this Petition. I supply this Verification because Julie Fuller is not available to sign the same by the filing date. A verification will be furnished by Julie Fuller at a later date. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. DATED: April 21, 2006 04/21/2006 10:23 71 75648683 RICCI&TANEFF PAGE 08 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Special Petition For Bmergency Relief was served upon the following person at the address set forth below on the date referenced herein by U, S. Mail, First Class, Postage Prepaid: I Debra D. Cantor, Esq. McNees Wallace & Nurick, L.L.C. P,O, Box 1166 100 Pine Street Harrisburg, PA 17108-1166 Dated: April 21, 2006 1 A copy of the petition was send to opposing counsel by facsimile transmission on the date referenced herein. 04/21/2005 10:23 7175548583 RICCI&TANEFF PAGE 09 JULIE FULLER, Plaintiff/Petitioner, IN THE COURT OF COMMON PLEAS CUMBElU.AND COUNTY, PENNSYLVANIA VS. NO, 04-971 DUW SMITH, Defendant/Respono.nt, CIVIL ACTION-LAW CUSTODY OROP OF COURT AND NOW, this day of April, 2006, this matter having been first called on a Petition For Emergency Relief, the Court being fully advised in the Premises, IT IS IMMEDIATELY ORDERED: 1. The Order of this Court dated February 13, 2006 is hereby modified as follows: ~(5) The parents of Dakotah, who is now deceased, shall share legal custody. All major decisions concerning Dakotah including, but not necessarily limited to, the child's health, education, welfare and religious upbringing and training, funereal services, burial arrangements, and any other decisions affecting the said minor child shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of Dakotah. Each party shall notify the other of any activity or circumstance concerning Dakotah that could reasonably be expected to be or concern to the other such as medical appointments, 04/21/2005 10:23 71 75548583 RICCI&TANEFF PAGE 10 hospitalizations particularly in view of Dakotah's numerous medical problems of which he suffers and has now died. With regards to emergency decisions which must be made, the parent having physical custody of Dakotah at the time of the emergency shall be permitted to make any immediate decisions necessi tated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent." 2. Except for the modification contained herein, all other aspects of the Order of February 13, 2006, a copy of which is attached hereto and made a part hereof remain unchanged, BY THE COURT: Edgar B. Bayley, J, Ref:c:\tU11e\julie\doc004.wpd 2 04/21/2005 10:23 71 75548583 RICCI&TANEFF PAGE 11 JULIE FULLER, RESPONDENT/PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, DREW SMITH, PETITIONER/DEFENDANT 04-971 CIVIL TERM ORDER OF COURT AND NOW, tl,is If day of February, 2006, this matter having been called on a petition for emergency relief, and the parents I,aving reachecl agreement for the entry of a temporary order, IT IS TEMPORARiLY ORDERED: (1) The North Carolina custody order entered on November 25,2002, providing the parents with week on/week off periods of temporary physical custody with Dakotah Smith, born September 17,1998, which the parents have been following althougl, they now live in Pennsylvania, IS VACATED, (2) Dakotah shall live with "is father. (3) The mother and the maternal grandparents shall have visitation with Dakotah in the 110me of the paternal grandparents in Mechanicsburg, Cumberland County, on Monday, Wednesday and Sunday evenings, (4) Adam Bowser shell have no contact with Oakotah at any time including when he is in the Hershey Medical Center, /7 /' By .tl1,;; G'ourt"-l;'~: .., 'j/'; .' ' J I".' ',/ / '/ ,/ II' / / / '. /, // ~. :>' /;/ . , 1 ) ";,'~, .;:~:. .:'.:'-. 't' ....;.,,..;,:.::;:If,~: ~~'~;~~~t;,:<~i;;~~JJi ai~1 Y~l,i..,.,i.,., I " ',J', ~,...:.,:~, I., .', .::~~u ,,~~~ H~~ !i~;\~~~ :~~ 'fJ ~"<Al \," " ' '- . JIll'... .."""", ...,~';i~ 'Jl' ~ ; ;. ., ~ ~i\'~~'f< I?f'l H~, I:,!:.: .\'1" 'I' 1..0' . ,." ",...', ';'::1' ....:=::L:J::~~,j1 ""~L..~t( , 't':';,~o~-;--, 'l! """ ..v. ."~A_'-"'-r""1 P.(l!i"l}/II:,1;Wf II 04/21/2005 10:23 71 75548583 RICCI&TANEFF PAGE 01 r RICCI & TANEFF ATTORNEYS AND COUNSELLORS AT LAW 4219 Derry Sheet, Ha.rri.bu~g, PA 17111 Telephone, (717) 564,5833 Fax (only): (117) 564-8683 FAX COVER SHEET FAX NUMBER TRANSMl'ITED TO: 717-240-6462 To: HONORABLE EDGAR B. BAYLEY C/O SHARON Of: CUMERLAND COUNTY COURT COMMON PLEAS From: PAUL TANEFF, ESQ, Client/Matter: FULLER V. SMlTII, NO. 04-971 Date: APRIL 21,2006 Number of pages (including this sheet): / / COMMENTS: PLEASE SEE LTR OF EVEN DATE WITH PETITION AND DRAFr ORDER FOR YOUR CONSIDERATION. THANK YOU FOR ALL OF YOUR KIND ASSISTANCE IN TInS MOST DISTRESSING MA ITER. NOTE: If any of these fax copies are illegible, or you do not receive the same number of pages as stated above pleas. contacl me immediately at: (717) 564-5833 CONFIDENTIALITY NOTE Information/documents accompanying this trallSInission contain information &om tbi" Law finn of RICCI & T ANEW, whicl11s <onfjdentiat aDd/or legally privilegod, Tbls lofonoatioo is intended solely for the use of thelndlvldual or entity oamed on this transmission sheet. If yoo are not the designated redplent, yoo are hereby notlned that any disclosure, copying, distribution or taking Of any action of rellan.. on the contents of this lnfonoatioo is prohibited. If you have received Ibls transmission In error, plea.. notify us by telephone bnmediately 50 that we can arrange for the return Of the original document! to us at no cost to you and 'With reimbursement Co.. costs you may have incurred in responding to this notification. 04/21/2005 10:23 71 75548583 RICCI&TANEFF PAGE 02 RICCI & TANEFF ATTORNEYS AND COUNSELLORS AT LAW Gregory J. Rtccl.- Paul Tanetr" 4219 Derry Street Harrisburg, PA 17111 Tel; (717) 564,5833 Fu (717) 564-8883 April 21, 2006 VrA FAX TRANSMISSION TO (717) 240-6462 AND FIRST CLASS HAIL HONORABLE EDGAR B BAYLEY CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 RE: FULLER V. SMITH. NO, 04-971 TEMPORARY CUSTODY ORDER OF FEBRUARY 13, 2006 Dear Judge Bayley: Pursuant to my telephone conversation this morning with your Assistant, Sharon, I have enclosed the following for your immediate consideration: 1. Special Petition For Emergency Relief; and 2. DRAFT Order. I have been advised the minor child's remains were already released by Hershey Medial Center. I would, therefore ask that an Order be entered immediately and faxed back to my office, The Originals of the foregoing documents are being mailed to your Chambers today. I am sending these documents to opposing counsel by fax and mail. Should you require anything have Sharon call me immediately, with Sharon later this afternoon matter. further of my office, please Otherwise, I will follow up to determine status of this "11I$0 lIdmlnQd In IIllnQl$ -retlrea 04/21/2005 10:23 71 75548583 RICCI&TANEFF PAGE 03 Letter to Hon. E,B. Bayley Re: Fuller v. Smith, No. 04-971 April 21, 2006 Page 2 On behalf of my client and this office, I wish to thank you for your kind consideration during this most distressing time. truly yours, PT!pt Enclosure: (As referenced above.) cc: Julie Fuller (w!encs.) 2104 Wentworth Drive Camp Hill, PA 17011 (v!U.S. First Class Mail) Debra A. Cantor, Esq. (w!encs.) McNees Wallace & Nurick, L.L.C. p.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 (V!Fax Transmission & U.S. First Class Mail) Ref:c:\ful1e\ju1ie\112.wpd , JULIE FULLER, Plaintiff/Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-971 DREW SMITH, Defendant/Respondent. CIVIL ACTION-LAW CUSTODY PRAECIPE TO WITHDRAW PETITION TO VACATE TEMPORARY CUSTODY ORDER OF FEBRUARY 13, 2006 AND TO REINSTATE THE NORTH CAROLINA CUSTODIAL ORDER OF NOVEMBER 25. 2002 NUNC PRO TUNC NOW COMES, the Plaintiff/Petitioner (hereinafter "Petitioner"), JULIE FULLER, by and through her attorneys, Ricci & Taneff, and files this Praecipe to withdraw the herein above described Petition. The minor child that was the subject of the Petition died on April 20, 2006 and, as a result of the minor child's death, the relief sought by the Petitioner has been rendered moot. PLEASE BE SO KIND AS TO RETURN A "CLOCKED" COpy OF THIS PRAECIPE TO THE UNDERSIGNED'S ATTENTION. RICCI & TANEFF Dated: April 24, 2006 By: .If. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe was served upon the following persons at the addresses set forth below on the date referenced herein by U.S. Mail, First Class, Postage Prepaid: Debra D. Cantor, Esq. McNees Wallace & Nurick, L.L.C. P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 Attorney For Defendant/Respondent Hubert X. Gilroy, Esq. Brouj os & Gilroy 4 North Hanover Street Carlisle, PA 17013 Custody Conciliator Dated: April 24, 2006 Ref:c:\fulle\julie\doc005.wpd JULIE FULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW DREW SMITH, Defendant NO. 2004-971 IN CUSTODY COURT ORDER AND NOW, this 1...)' day of May, 2006, The Conciliator being advised the cbiId that was the subject of this action died on April 20, 2006, the Conciliator relinquishes jurisdiction. ~.-. 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