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HomeMy WebLinkAbout09-4239MONICA SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . No. Oq-yz39 CIVIL- DIVORCE AND CUSTODY JEREMY D. SMITH, Defendant NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the first floor in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MONICA SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL - DIVORCE AND CUSTODY JEREMY D. SMITH, Defendant COMPLAINT IN DIVORCE WITH CUSTODY COUNT AND NOW, comes the Plaintiff, Monica Smith, by her attorney, John M. Kerr, Esquire, pursuant to Section 3301(c) & 3301(d) of the Pennsylvania Divorce Code, and seeks to obtain a Decree in Divorce from the Defendant, Jeremy D. Smith, upon the grounds set forth: COUNT I - NO-FAULT DIVORCE UNDER §§3301(c) or 3301(d) F I..aaaQO[ hn M. err 5020 RM N ROW SUMO 109 MedmrAmbLv9. PA 17055 PHom: 717.788.4008 FAx: 717.788.4088 1. The Plaintiff, Monica Smith, is an adult individual residing at 3009 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Jeremy D. Smith, is an adult individual residing at 70 Shelley Drive, York Haven, York County, Pennsylvania 17370. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 30, 2002 in Negril, Jamaica. 5. Plaintiff separated from Defendant during the month of September, 2008. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The Plaintiff and Defendant are both citizens of the United States of America. 8. The Defendant is a member of the United States Armed Forces. He is employed as a civilian technician and serves as a member of the Air National Guard. Presently, he is on deployment notice, but living at the address set forth at paragraph 2 above due to his injured status. 9. The cause of action and section of Divorce Code under which Plaintiff is proceeding is that the marriage is irretrievably broken under 23 Pa. Const. Stat. §3301(c) or 3301(d). 10. Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) or 3301(d) of the Divorce Code. COUNT II - CUSTODY 11. Paragraphs 1-10 of this Complaint are incorporated by reference, as if fully set forth in their entirety. 12. Plaintiff Monica Smith (hereinafter, "Mother") resides at 3009 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 13. Defendant Jeremy D. Smith (hereinafter, "Father"), resides at 70 Shelley Drive, York Haven, York County, Pennsylvania 17370. 14. Mother seeks confirmation of primary physical custody and joint legal custody of the following child: Name Present Residence D.O.B. law 091 d M.?err Pdftff Road SLAG 100 Med urg. PA 17066 PHONE: 717.786.4008 Fnx: 717.766.4066 Caitlynd M. Smith 3009 Lisburn Road July 26, 2005 Mechanicsburg, PA 17055 The child was not born out of wedlock. 15. The child is presently in the custody of Mother who is resides at 3009 Lisburn Road, Mechanicsburg, Pennsylvania 17055. A L- 09k. ?f M. err Z 5020 FUM Road suffe 108 MedlaM6bla'g, PA 17oss Pte: 717.788.4008 FAx: 717.788.4088 16. During the past five years, the child has resided with the following persons and at the following addresses: Names Residences Dates Monica Smith 3009 Lisburn Road 8/08 - present Mechanicsburg, PA 17055 Monica Smith 423 N. Walnut Street 5/08 - 8/08 Mechanicsburg, PA 17055 Monica Smith 419 N. Walnut Street 1/07 - 5/08 Dina Gorzynski Mechanicsburg, PA 17055 Monica Smith 70 Shelley Drive 7/05-1/07 Jeremy D. Smith York Haven, PA 17370 17. The Mother of the child is Monica Smith, who is residing at 3009 Lisburn Road, Mechanicsburg, PA 17055. She is married. 18. The Father of the child is Jeremy D. Smith, residing at 70 Shelley Drive, York Haven, PA 17370. He is married. 19. The relationship of the Mother to the child is that of mother-child. The child is currently living with the mother. 20. The relationship of the Father to the child is that of father-child. 21. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named as parties to this action. 22. The best interests and permanent welfare of the child will be furthered by granting primary physical custody to Mother, with partial physical custody to Father, because the child has prospered under the present arrangement and the Father is subject to military deployments with little notice. WHEREFORE, the Plaintiff/Mother requests that the Court: a) enter a decree of divorce under either §§ 3301(c) or 3301(d) of the Divorce Code; and b) grant primary physical custody to her, with partial physical custody to Father, and shared legal custody between the two of them. Respectfully submitted, Jo (n M. Kerr, Esquire I.D. #26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 kerriaw@comcast.net Dated: June 23, 2009 Y ?o?a ohn M. err 5020 RIBA Road suite loo McdW* SbWg, PA 17055 Flma : 717.788.4008 FAx: 717.788.4088 VERIFICATION The undersigned, Monica Smith, hereby states that she is the Plaintiff in the foregoing Divorce and Custody action and, as such, is authorized to execute this Verification and that any factual statement contained in the preceding "Complaint in Divorce With Custody Count" is true and correct to the best of her knowledge, information and belief. She understands that false statements are subject to the penalties prescribed at 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Monica Smith ?!s?7 .str:1 ?- i r"t'?vji ?141,'t dam , r _? r. GR 3 3 ? loa A41 ? `p9 2 7 0? MONICA SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-4239 CIVIL ACTION LAW JEREMY D. SMITH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 26, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 17, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 7W ??Y Z?9 JUN 26 P14 3: 3 i 15 6- MONICA SMITH, Plaintiff VS. JEREMY D. SMITH, Defendant AUG 1p p009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-4239 IN CUSTODY COURT ORDER AND NOW, this day of August, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Monica Smith, and the father, Jeremy D. Smith, shall enjoy shared legal custody of Caitlynd M. Smith, born July 26, 2005. 2. Physical custody shall be handled as follows: A. Weekend custody shall be split equally between the parties with the parties working out an alternating weekend schedule subject, however, to the provision that father shall notify mother as to when his weekends with the National Guard will take place and that Guard weekends shall be one of the weekends mother has custody. B. Custody during the week shall be handled with the parties working with each other in an effort to provide each parent with meaningful time with the child. The parties shall communicate with each other and attempt to be flexible to include father having a fair number of overnights and mother having a fair number of overnights. 3. Holidays shall be handled with the parties working with each other and reaching an accommodation for either a shared or alternate holiday provision. In the event the parties are unable to agree upon a holiday schedule, the following schedule shall apply: A. For the Christmas Holiday, the holiday shall be divided into two segments: Segment A is December 24 at noon until December 25 at noon and Segment B is December 25 at noon until December 26 at noon. The parties shall alternate segments each year. B. For Thanksgiving Holiday, the holiday shall be divided into two segments: Segment A being from 9:00 a.m until 3:00 p.m. and Segment B being from 3:00 p.m. until 9:00 p.m. The parties shall alternate those segments each year. C. Mother shall always have custody on Mother's Day and father shall always have custody on Father's Day. D. The parties shall alternate custody from 9:00 a.m. until 5:00 p.m on the following holidays: New Years Day, Easter, Memorial Day, July 4 and Labor Day. 4. Each parent shall be entitled to at least two weeks of vacation with the minor child during the year, which weeks shall not be consecutive unless agreed otherwise by the parties. In order to exercise vacation time, the parties shall notify the other parent at least two weeks in advance as to when they intend to exercise visitation. 5. In the event either party relocates out of the Central Pennsylvania area to such a location as to interfere with the implementation of this Custody Order, that party must seek a modification of this Order either through an agreement with the other party or petition the Court to have the Order modified prior to the relocation. 6. The above Order is entered pursuant to an agreement reached parties at a Custody Conciliation Conference. The parties may modify or change this Order as they agree. Absent an agreement, the parties must follow the Order set forth above. In the event either party desires to modify the Order and the parties are unable to reach an agreement, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. cc: ? P*m M. Kerr Esquire Mr. Jeremy D. Smith ff Co es m at ?d.? 8?r? ?oq Judge 1J MONICA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JEREMY D. SMITH, NO. 2009-4239 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Caitlynd M. Smith, born July 26, 2005. 2. A Conciliation Conference was held on August 6, 2009, with the following individuals in attendance: The mother, Monica Smith, who appeared with her counsel, John M. Kerr, Esquire, and the father, Jeremy D. Smith., who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: August 1 2009 Hubert X. Gilro , Esquire Custody Conc' iator w.yit'( LOB ?iUV U I i i `-1 ... I MONICA SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4239 CIVIL CIVIL - DIVORCE JEREMY D. SMITH, Defendant AFFIDAVIT OF SERVICE Undersigned Paralegal for the Law Office of John M. Kerr, Esquire, deposes and states as follows: 1. Undersigned Paralegal, Heather S. Clouser is an employee of Cumberland County, Pennsylvania and maintains an office at 5020 Ritter Road, Suite 109, Mechanicsburg, Pennsylvania 17055. 2. On June 24, 2009, undersigned Paralegal sent by Certified Mail, Return Receipt Requested, from Mechanicsburg, Pennsylvania, No. 7007-2680-0000-2362-7525, a Complaint in Divorce in the above-captioned matter to: Mr. Jeremy D. Smith 70 Shelley Drive York Haven, PA 17370 9 L. <err 5020 Rttter Road State 109 McCha"csburg, PA 17055 PttoNE: 717.766.4008 FAx: 717.766.4066 3. On June 27, 2009, at 10:15 a.m. Jeremy D. Smith signed the receipt, No. 7007-2680- 0000-2362-7525, which is appended to this Affidavit. A Tracking and Confirmation from the United States Postal Service is also appended to this Affidavit. Respectfully submitted, Lw 09iQ d ohn M.err 5020 Ritter Road Suite 109 Medlanlcsburg,PA 17055 PeONE: 717.766.4008 FAx: 717.766.4066 Dated: August 28, 2009 Sworn and subscribed before me, a Notary Public, this 28th day of August, 2009. Notary Public Heather S. Clouser, Paralegal Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 heather@iohnkerrlaw.com COMMONWEALTH OF PE SYLVANIA Notarial Seal Katherine L. Gochenour, Notary Public Lower Alien Twp., Cumberland County Co_ mmlaabn Expires April 21, 2012 @f 1hovIvenla Association of Notaries USPS - Track & Confirm Page 1 of 1 UNITEUSTATES POSTAL SERVIC&, Home I Help I Sign In Track s Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7007 2680 0000 2362 7525 Status: Delivered Your item was delivered at 10:15 am on June 27, 2009 in YORK HAVEN, PA 17370. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. Revare Offlr'ne Details > ! Rewrn to USF,S.catm Home > Site Map Customer Service Forms Gov't Services Careers Copyright© 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FO! ¦ Complete items and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back -of the mailpiece, or on the front if space permits. 1. Article Addressed to: \\ fDo > Privacy Policy Terms of Use Business Customer Gateway A W Signature X ? Agent ? Addre Received y (p a ame) C7;Date eli D. Is delivery address rdiffed rot ? Yes I f YES, enter delive4 No _ w 3. Service Type vSP vort P14 / 730 PtCertifed Mail ? Excp ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) h6 yes 2. (thanesfer Number from rom se 71107 2680 0000 2362 7525 fiservice label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 http://trkcnfrm 1. smi.usps. com/PTSIntemetWeb/InterLabellnquiry.do T c `'Onfirln Enter Label/Receipt Number. 8/28/2009 Fig , :,._, OF THE -Y S l_;j MONICA SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-4239 CIVIL : CIVIL-DIVORCE JEREMY D. SMITH, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301© OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 23, 2009. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 verify that the statements made in this affidavit 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: Signature: uid .1 L Fii Ft=;CE OF THE P °"I D,,I AAY 2009OCT 29 PM 3: 17 i?t=' u> (LVA1,l1A MONICA SMITIH, Plaintiff V. JEREMY D. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4239 CIVIL CIVIL - DIVORCE WAIVER OF -JOT1CE OF INTEINMON TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. Date: C Monica Smith, Plaintiff FIL"I 0M - il-'E -)F Tr- °";!, ? QTARY 2009 OCT 29 PM 3: 17 MONICA SMITH, Plaintiff V. JEREMY D. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4239 CIVIL CIVIL - DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 33010 OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 23, 2009. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 rela unsworn falsification to authorities. Dated: /'5 04 0 9 Signature: RLED--U-i- CE OF THE RR TP",rMTARY 7009 OCT 29 PM 3. i 7 curs .: UNTY MONICA SMITIH, Plaintiff V. JEREMY D. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4239 CIVIL CIVIL - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. Date: 5 ce? 6 ? F1LEL)--0,-rl E OF THE Pr iT-!rNIARY 2009 OCT 29 °M 3: 17 cumt :: f?l;Y MONICA SMITH, Plaintiff VS. JEREMY D. SMITH, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 09-4239 CIVIL TERM PRA.ECIPE TO TRA.NSNUT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) 3-30 j&)-(+)vf4he4Nvofce_C,ode. (Strike out inapplicable section) 2. Date and manner of service of the complaint: 6 / 2 3 / 0 9 Certified Mail 70072680000023627525 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 10/19/09 ; by defendant 10/15/09 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 10/29/09 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 10/29/09 YYI. ttorney for Plaintiff/Defendant t1F THI rj;r) i-. /lh0,'FARY 2009 OCT 29 PM 3: 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MONICA SMITH V. JEREMY D. SMITH DIVORCE DECREE 04- 71,9C, vo AND NOW, N , PO' of , it is ordered and decreed that MONICA SMITH plaintiff, and JEREMY D. SMITH defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE NO. 09-4239 CIVIL B ourt, A L.__l. i MONICA SMITH, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. \`ohn err aw. PC v 5020 Ritter Road Suite 104 Mechanir_ b , PA 17055 PHoNP: 717.766.4008 FAX: 717.766.4066 JEREMY D. SMITH, NO. 2009 - 4239 Defendant/Respondent IN CUSTODY rp 7 c') y? PLAINTIFF'S PETITION/COMPLAINT TO MODIFY CUSTODY ORDER 1. Plaintiff/Petitioner is Monica Smith (hereinafter, "Mother"), is an adult individual residing at 3009 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant/Respondent is Jeremy D. Smith (hereinafter, "Father"), is an adult individu who resides at 70 Shelby Drive, York Haven, York County, Pennsylvania 17370.. 3. The parties are the natural parents of the following minor child: Caitlynd M. Smith, July 26, 2005. 4. The child was not born out of wedlock. 5. An Order was entered following a Conciliation occurring on August 6, 2009 (see, copy the Order dated August 10, 2009, appended to this Petition).. That Order provided that the parties would have an alternating weekend schedule, with weekdays to be decided by the parties themselves. Since the time of the Order, the parties have been doing week-on, subject to Father's National Guard schedule. 6. In the past three years since the time of the last custody conciliation, the child has resided with the following persons and at the following addresses: 4 83. ek# a3?? ? a7gta? ? ca -n d? a ?. Names Residences Dates Monica Smith 3009 Lisburn Road 08/09-08/12 Mechanicsburg, PA 17055 Jeremy D. Smith 70 Shelley Drive 08/09-08/12 York Haven, PA 17370 Y'. hn r, "ati. PC 5020 Potter Road Sutte 104 McChanWSburg, PA 17055 PHoNE: 717.766.4008 FAx: 717.766.4066 7. The Mother of the child is Monica Smith, who is residing at 3009 Lisburn Road, Mechanicsburg, Pennsylvania 17055. She is single. 8. The Father of the child is Jeremy D. Smith, who is residing at 70 Shelby Drive, York Haven, Pennsylvania 17370. He is single. 9. The relationship of the Mother to the child is that of mother. The child currently lives with both parents. 10. The relationship of the Father to the child is that of Father. The child currently lives wijh both parents. 11. Plaintiff/Petitioner currently lives with the following persons: Name Relationship Caitlynd Smith Daughter 12. Defendant/Respondent currently lives with the following persons: Name Relationship Caitlynd Smith Daughter 13. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named as parties to this action. 14. Plaintiff /Petitioner has not participated as a party or witness, or in another capacity, ?n other litigation concerning the custody of the child pending in a court of this Commonwealth any other state. 15. Plaintiff/Petitioner does not know of a person not a party to the proceedings who physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. Plaintiff /Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 17. Plaintiff/Petitioner seeks to modify the current Order, as follows: a) One parent should have physical custody during the week when school is in session; b) The parties would alternate physical custody on the weekends during the year; c) Custody exchanges should beat school during the school year; d) During the summer vacation, the physical custody schedule should revert to week on, one week off; e) The parties should alternate holidays; f) The parties should alternate the Child's birthday where her friends are invited g) The physical custody schedule should be fixed, and contact between the \`ohn err amt PC v 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 should be minimized. h) The Child should attend counseling as a result of the conflict between the parents. 18. Such an Order would be in the best interest of the Child, in that: a) Mother has furnished nurturing for the Child since her birth; b) The week-on and week-off arrangement has resulted in the Child experienc educational difficulties in school; c) Father has work and military obligations which, in the past year, has caused him to be out-of-state for a period of approximately three months; and d) Father has engaged in active parental alienation by i) attempting to portry Mother as unfit; ii) telling the Child that "Mommy has lots of boyfriends;" iii) discussi with the Child who she wants to live with; iv) causing arguments in front of the Child, most recently at the custody exchange at the conclusion of the Child's birthday party. WHEREFORE, Mother requests that the current custody Order be modified as suggested above.. Respectfully submitted, Q, 4 , ff, ?./, 1ohrpM. Kerr, Esquire Attorney I. D. # 26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 ?ohn rr aw. PC 5020 Potter Road Sutte 104 Mechar11c5burg, PA 17055 PHOr¢:: 717.766.4008 FAx: 717.766.4066 Dated: August 10, 2012 VERIFICATION The undersigned, Monica Smith, hereby states that he is the Plaintiff/Petitioner in the forego custody action and, as such, is authorized to execute this Verification, and that any factual statement contained in the Complaint/Petition to Modify Custody is true and correct to the best of her information and belief. She understands that false statements are subject to the penalties prescribed a 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. i Monica Smith AUG 4 n ?00 MONICA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JEREMY D. SMITH, NO. 2009-4239 Defendant IN CUSTODY COURT ORDER AND NOW, this day of August, 2009, upon consideration of the Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Monica Smith, and the father, Jeremy D. Smith, shall enjoy shared lel custody of Caitlynd M. Smith, born July 26, 2005. 2. Physical custody shall be handled as follows: A. Weekend custody shall be split equally between the parties with the part: working out an alternating weekend schedule subject, however, to t provision that father shall notify mother as to when his weekends with t National Guard will take place and that Guard weekends shall be one of t weekends mother has custody. B. Custody during the week shall be handled with the parties working with ea other in an effort to provide each parent with meaningful time with the chi The parties shall communicate with each other and attempt to be flexible include father having a fair number of overnights and mother having a f number of overnights. 3. Holidays shall be handled with the parties working with each other and reaching accommodation for either a shared or alternate holiday provision. In the event t parties are unable to agree upon a holiday schedule, the following schedule sh, apply: A. For the Christmas Holiday, the holiday shall be divided into two segmen Segment A is December 24 at noon until December 25 at noon and Segme B is December 25 at noon until December 26 at noon. The parties sh: alternate segments each year. B. For Thanksgiving Holiday, the holiday shall be divided into two segments Segment A being from 9:00 a.m until 3:00 p.m. and Segment B being fron 3:00 p.m. until 9:00 p.m. The parties shall alternate those segments eacl year. C. Mother shall always have custody on Mother's Day and father shall always have custody on Father's Day. D. The parties shall alternate custody from 9:00 a.m. until 5:00 p.m on the following holidays: New Years Day, Easter, Memorial Day, July 4 and Labot Day. 4. Each parent shall be entitled to at least two weeks of vacation with the minor child during the year, which weeks shall not be consecutive unless agreed otherwise by the parties. In order to exercise vacation time, the parties shall notify the other parent at least two weeks in advance as to when they intend to exercise visitation. 5. In the event either party relocates out of the Central Pennsylvania area to such a location as to interfere with the implementation of this Custody Order, that party must seek a modification of this Order either through an agreement with the other party or petition the Court to have the Order modified prior to the relocation. 6. The above Order is entered pursuant to an agreement reached parties at a Custody' Conciliation Conference. The parties may modify or change this Order as they agree. Absent an agreement, the parties must follow the Order set forth above. In'. the event either party desires to modify the Order and the parties are unable to reach an agreement, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, Judge cc: John M. Kerr, Esquire Mr. Jeremy D. Smith `;; MONICA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JEREMY D. SMITH, NO. 2009-4239 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this is as follows: Caitlynd M. Smith, born July 26, 2005. 2. A Conciliation Conference was held on August 6, 2009, with the individuals in attendance: The mother, Monica Smith, who appeared with her counsel, John M. Kerr, Esquire, and the father, Jeremy D. Smith., who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: August ?, 2009 Hubert X. Gil/Zt Esquir e Custody Cocor CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Plai Petition/Complaint To Modify Custody Order," on the below-named individual in the manner indicated: First Class Mail. Postage Prepaid Jeremy D. Smith 70 Shelly Drive Mechanicsburg, PA 17055 (?L Yom, John Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: August 10, 2012 ?ohn err aw. Pc 5020 MUM Road Suite 104 Mechanlcshurg,PA 17055 PHow 717.766.4005 FAx: 717.766.4066 MONICA SMITH IN THE COURT OF COMMON PLEAS OF ~ `-=' ~-, ~`~ PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ 7c''-.' -~ r C ' G"2 -;'"' F'r • J ) ~ ~ _ ~ ~. ~ v. 2009-4239 CIVIL ACTION LAW r ~ ~ ~ _,._ JEREMY D. SMITH ~ _ ~ :• ~ ~ ~ ~ ''; ' `' IN CUSTODY ~`~ ' DEFENDANT ~'' ORDER OF COURT AND NOW, Wednesday, August 15, 2012 ,upon consideration of the attached Complai t, it is hereby directed that parties and their respective counsel appear before _ Hebert X. Gilroy, Esg. ___, the co ciliate at 4Ht Floor , Cemberbsd County Courthouse, Csriiale on Thursday, September 13, 2012 at 3s PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disp te; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tem orary order. Failure to appear at the conference may provide fzrounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s~ Hubert X. li~itt+v E Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Ami with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE.. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. `'.~o~n erg ~s8 /~er e"^~ ~ . /'~ fs Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717} 249-3166 l~,„~~'~a~r ~, , ~~s ~~~~~~ P ~ ~/~~ ~z JEANNE R. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant MONICA SMITH, Plaintiff v. JEREMY D. SMITH. Defendant '-~~ ~ ~-iJr ;~ - T ~= ~°~,~ ,! -~ :;.. t~i2~t~~ _6 ~M f~: eta uU~"tBE~~~;d~U ~;vu~r' PEMNS~Y~ ~'~P~f;~~m~~.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4239 CIVIL TERM CIVIL ACTION -LAW CUSTODY TO THE HONORABLE EDWARD F,. GUIDO, JUDGE OF SAID COURT: DEFENDANT'S MOTION FOR CONTINUANCE AND NOW COMES the Defendant, Jeremy D. Smith, by and through his attorney, Jeanne B. Costopoulos, Esquire, and files the following Motion for Continuance. respectfully representing as follows: 1. Petitioner is Defendant above., Jeremy D. Smith (hereinafter referred to as Father). 2. Respondent is Plaintiff above. Monica Smith (hereinafter referred to as Mother), ~. The parties are the natural parents of Caitlynd M. Smith, born July 25, 2005 (hereinafter referred to as the child). ~. The parties are subject to an agreed upon custody order dated August 10, 2009 pursuant to which the parties have been. sharing custody of the child on an alternating ~,~e~ekly basis, with adjustments to accommodate Father's military schedule. 5. Mother filed Plaintiff's Petition/Complaint to Modify Custody Order on August 10, 2012. h. A conciliation conference was held before Hubert X. Gilroy on September 13, 2012 at which time no agreement was reached. 7. A hearing is currently schedu ed before the Hon. Edward. E. Guido on November 13, 20l ? at 9: ~0 a.m. 8.. Father is requesting a continuance of the November 13, 20l 2 hearing due to the fact that he~ has mandatory military training obligations for which he will be out of-state ti-om November 5, 20l 2 through December 12, 2012, with travel on both ends. 9 It is anticipated that Father well be available by December 17, 2012 to attend a hearing. 1 ~). Undersigned counsel contacted John Kerr, Esquire, Mother's counsel of record, who indicated on October 15, 201:? that he did not oppose Father's continuance request under the circumstances, but that he would not be available from. December 20, 2012 returning on January 29. 2013 due to knee replacement surgery. Undersigned counsel subsequently received an email from Attonley Kerr on November 2, 2012 indicating that he has been terminated by Mother. Undersigned counsel has not received an entry of appearance or ar.~~y attempted. contact from Mother's new attorney, who Attorney Kerr believes may be ar.~ attorney bti~ the name of Paul F,dger. To the best of undersigned counsel's knowledge, Attorney Kerr• remains Mother's attorney of record as of the date of filing of this continuance request. W"HEREFORE, Defendant respectfully requests this Honorable Court to continue the hearing currently scheduled to take place on November 13, 2012 until a date certain on or after December 17. 2012. RESPECTFLILLY SUBMITTF,D BY: / .- - JEANNE B. COSTOPOULOS, ESQ Attorney LD. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNF,Y FOR PETITIONER/DEFENDANT ~r~sh 7 . Date: ~ c~ r ATTORNEY VERIFICATION Undersigned counsel, Jeanne 13. Costopoulos, Esquire, hereby verifies and states that: 1, She is the attorney for Jeremy D. Smith, Petitioner/Defendant. ?. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing document have either been provided to her by her client or they are based on information known to undersigned counsel and not necessary to her client. 4. 7~he facts set forth in the foregoing document are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ~T By: NE B. COSTOPOULOS, IRE Attorney LD. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No, (717) 221-0900 ATTORNEY FOR PETITIONER/DEFENDANT Dated: ~/~~-/~ ~~~ ~- CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document on the person and in the manner indicated below, vu°hich service satisfies the requireanents of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail.., at Mechanicsburg, Pennsylvania, through first class certified mail, prepaid and addressed as follows: John M. Kerr, Esquire 5010 Ritter Road, Suite 104 Mechanicsburg, PA 17055 --._. _ By: `-__ _ ANNE B. COSTOPOULOS, ESQUIRE Attorney LD. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PETITIONER/DEFENDANT Date: ~/~S'~ `P~' ~ MONICA SMITH, Plaintiff NO. 2009 - 4239 ~ohn err av.-. PC Bozo Potter Road Suite 104 Mechanicsburg, PA 17055 PI wn>E: 7l 7.766.4006 Fwc: 717.766.4066 v. JEREMY D. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 1UDGE EDWARD E. GUIDO IN CUSTODY c~.~ n C ~ 'n --~ ~ W N Z rrti's't z~ "' "'~ %v o t ~~ t ~ ~~ <G' -v o-n xU ~ oc' ~ ~ ~ ~~ ~ ~ ~ -- _,~ MU I IUN I U WI I NUKAW AJ c.UUIVJt~ i u ream i irr, ivturviw~ ~rni i n AND NOW, comes John M. Kerr, Esquire and John Kerr Law, P.C., counsel to Plaintiff Monica Smith, and moves to withdraw as counsel to Plaintiff, based upon the following: BACKGROUND 1. Undersigned counsel has represented Plaintiff Monica Smith (hereinafter, "Plaintiff") since the summer of 2009, both in a divorce and custody action. 2. On August 10, 2009, the Court entered a custody order to the above docket number. 3. Plaintiff's divorce and custody matter were concluded in 2009. 4. In July, 2012, Plaintiff contacted undersigned counsel and requested to meet with him in order to file for a custody modification. 5. On August 10, 2012, undersigned counsel filed aPetition/Complaint to Modify the Custody Order entered August 10, 2012. 6. On October 1, 2012, a Custody Conciliation Conference was held with Hubert Gilroy, Esquire, Custody Conciliator. 7. The parties were unable to reach an agreement, and a custody trial was scheduled for Tuesday, November 13, 2012. 8. Plaintiff informed undersigned counsel that the Defendant would be deployed on military duty out-of-state and unavailable for trial on Tuesday, November 13, 2012. 9. When no Continuance Motion was forthcoming, undersigned counsel contacted Judge Guido's office on Friday, November 2, 2012 to ascertain whether the proceeding was still on the Court's calendar. 10. That same afternoon, undersigned counsel spoke by telephone with Plaintiff twice concerning whether the custody trial would remain on the court's calendar. 11. At the end of the afternoon, undersigned counsel received a terse a-mail message from the Plaintiff, stating the following: I have consulted with another attorney and have decided to retain another lawyer, Paul Edger, to handle my custody hearing.... I wish to terminate your legal services. Please mail and file a motion to withdraw ... (see copy of a-mail message appended to this Motion) 12. Since the date of this a-mail message, undersigned counsel has not heard from newly retained counsel relative to filing a Withdrawal and Entry of Appearance, as is customary. 13. Undersigned counsel notified opposing counsel,leanne Costopoulos, that he was terminated. Attorney Costopoulos does not oppose this Motion. As of Wednesday, November 7, 2012, attorney Costopoulos was not informed that new counsel had entered their appearance. APPLICATION OF LAW ~<,~,~, ~ « aw. ~c 5020 Ritter Road SlIlte 104 MedIaNGSl)urg, PA VOSS Prioc~: 717.766.4006 Fnx: 717.766.4066 14. Rule 1.16 of the Rules of Professional Conduct provides in relevant part: (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:... (3) the lawyer is discharged. (emphasis added) 15. Moreover, even if he has not been discharged, the Rules are clear that "[a] lawyer must comply with the applicable law requiring notice to or permission of a tribunal when terminating a representation." Rule 1.16(c) of the Rules of Professional Conduct. Clearly, under the above facts, a withdrawal motion is necessary. WHEREFORE, it is requested that the Court grant the within Motion as undersigned counsel has been discharged from representation of the Plaintiff in the instant matter. Respectfully submitted, Jo n M. Kerr A torney I.D. #26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: November 8, 2012 ~ohn ~ rt aw. PC 5020 Rater Road Suite 104 McGia Ncsburg, PA 17055 Rtors: 717.766.4008 Fnx: 717.766.4066 John Kerr From: Monica Smith [smith.monical@gmail.com] Sent: Friday, November 02, 2012 4:16 PM To: KerrLaw@comcast.net Subject: Services Hi John, I have consulted with another attorney and have decided to retain another lawyer, Paul Edger, to handle my custody hearing. I do not currently have comfort with regard to how my case would be preceding. I wish to terminate your legal services. Please mail and file a motion to withdraw from my case. Sincerely, Monica Smith CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Motion To Withdraw As Counsel To Plaintiff, Monica Smith," on the below-identified individuals in the manner indicated: First Class Mail, Postase Pre-Paid Jeanne B. Costopoulos, Esquire Monica Smith 130 Gettysburg Pike, Suite C 3009 Lisburn Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 John .Kerr, Esquire 5020 fitter Road Suite 104 Mechanicsburg, PA 17055 (717} 766-4008 Dated: November 8, 2012 ~ohn err aw. PC Soto Potter Road Sutte I04 MechaNGSbuf$, PA I'7o55 Racae: 717.766.4006 Fnx: 717.766.4066 ~~; / t3F T~NE P#~0~'HD~~O ~Ar,Y 1012NQV -9 At1 8~ 53 CUMBERLAND COUNTY PCNN5YLVANfA MONICA SMITH, Plaintiff v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-4239 CIVIL TERM JEREMY D. SMITH, Defendant CIVIL ACTION -LAW CUSTODY ORDER OF Cp~1RT AND NOW, this 7~ day of N/J'1~~~11 ~-+ , 2012, upon consideration of Defendant's M~ion for Continuance, it is hereby ORDERED that said Motion is GRANTED. The hearing scheduled on November 13, 2012 at 9:30 a.m. is hereby continued until the / ~~ daY of , 20~, at~•m• All remaining provisions of the Order dated October 5, 2012 shall apply. BY COUR Edward E. Guido, Judge Distribution: /Jeann~ B. C,ostopoulos, Esquire, 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 John M. Kerr, Esquire, 5010 Ritter Road, Suite 104, Mechanicsburg, PA 17055 r GS N'~ %~~ ///Qf /~ ~~ MONICA SMITH, Plaintiff v. JEREMY D. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 4239 CIVIL ACTION -LAW JUDGE EDWARD E. GUIDO IN CUSTODY ORDER ~~ ~~~ ~~ AND NOWrupon consideration of the "Motion To Withdraw as Counsel to Plaintiff, Monica Smith," and noting opposing counsel's concurrence, as well as the fact that counsel has been discharged, it is ORDERED and DECREEDthat the Motion To Wit w is GRANTED. ~~ BY E C J Distribution: ~„~ ~ ~--, " C J i a rn ~ o . rt ~' ~~ ~ ~ ~ ~ T T .n-~ 4 N ~' . ~ a ~, ~ C,J ---t { °r { - ~ ..~ iWp John M. Kerr, Esquire, 5020 Ritter Road, Suite 104, Mechanicsburg, PA 17055 /leanne Costopoulos, Esquire, 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 Monica Smith, 3009 Lisburn Road, Mechanicsburg, PA 17055 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo, Esquire PA Supreme Court I:D: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Attorneys for Plaintiff MONICA SMITH, Plaintiff v. JEREMY D. SMITH, Defendant F :', ' ~.~ Ld..,W~ 1+-.~~ ~~7 ..~ /_, Y r ~ .q.~r - r ~> ,~ C~ r~-.~. ~ ., ,~ r:~ ~ ^_ _~~ YC) '--- a,_ ~ ~, ~ f,,, ;, _ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DOCKET N0.2009-4239 IN CUSTODY PRAECIPE FOR ENTRY OF APPE RANCE TO THE PROTHONOTARY: Please enter the appearance of the Law Offices of Peter J. Russo, P.C. and Paul D. Edger, Esquire as Counsel on behalf of the Plaintiff, Monica Smith, in the above-captioned. action. Date ~~ z LAVS%QFFICES OF PF~ER J. RUSSO, P.C. Peter J.~fsso, E~;gxfi~ PA Supreme Co D: 72897 ~ Paul D. Edger, Esquire PA Supreme Court ID: 3:12713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Attorneys for Defendant .~~ t LAW OFFICES OF PETER J. RUSSO, P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 1.7050 Telephone: (717) 591-1755 Attorneys for Plaintiff MONICA SMITH, :COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW JEREMY D. SMITH, :DOCKET N0.2009-4239 Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy of the Entry of Appearance as Counsel upon the person(s) and in the maTUler indicated below: US Regular Mail and addressed as follows: Jeanne B: Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Date: ~ 9~~c~