HomeMy WebLinkAbout09-6420GARY R. SMITH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO.09 - &qAO CIVIL TERM
EMILY J. SHEPPARD, CIVIL ACTION LAW
Defendant IN CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Gary R. Smith, an adult individual currently residing at 1918A Fry Loop
Avenue, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Emily J. Sheppard, an adult individual currently residing at 283 Leib
Road, Mechanicsburg, Cumberland County, Pennsylvania.
3. The parties are the natural parents of one (1) child, namely, Lily Ray Smith, born
August 12, 2007.
The child was born out of wedlock.
4. For the past five (5) years, or since the child's birth, the child has resided with the
following persons at the following addresses for the following periods of time:
NAME
Emily J. Sheppard
ADDRESS
283 Leib Road
Mechanicsburg, PA 17055
DATES
2 weeks ago to
present
Gary R. Smith 1918A Fry Loop Avenue August 2008 to
Carlisle, PA 17013 2 weeks ago
NAME ADDRESS DATES
Pam Kleckner (Mother's mother) 3 Crownview Drive
"Skip" Kleckner (Mother's step-dad) Carlisle, PA 17013
Casey Sheppard (Mother's sister)
Casey's daughter, Leah, and
Jodi Sheppard (Mother's sister)
Emily Sheppard 1918A Frey Loop Avenue
Gary R. Smith Carlisle, PA 17013
Pam Kleckner (Mother's mother) 3 Crownview Drive
"Skip" Kleckner (Mother's step-dad) Carlisle, PA 17013
Casey Sheppard (Mother's sister)
Casey's daughter, Leah, and
Jodi Sheppard (Mother's sister)
January 2008 to
August 2008
October 2007 to
January 2008
August 12, 2007 to
October 2007*
*During this time period, the child was in Holy Spirit Hospital, in NICU, for one (1) week, then at the Kleckner
residence for one (1) week, the back in Hershey Medical Center for approximately two (2) weeks to a month.
The natural mother of the child is Emily J. Sheppard, who resides as aforesaid.
She is single.
The natural father of the child is Gary R. Smith, who resides as aforesaid. He is
single.
5. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff
currently resides alone.
6. The relationship of the Defendant to the child is that of natural mother. Defendant
currently resides with her significant other, her significant other's Father, and the
child at issue.
7. Plaintiff has not participated as a party or witness, or in any other capacity in other
litigation, concerning custody of the child.
8. Plaintiff has no information of any custody proceedings concerning the child pending
in any Court of this Commonwealth.
9. It is in the best interest and permanent welfare of the child to grant the relief requested
because:
a.) Father has been the primary caretaker of the child for over a year, beginning in
August 2008, at which point he worked a night shift job such that he cared for
the child during the day and his parents' cared for the child overnight.
b.) During the above referenced time period, at no time has Mother worked
overnight but has allowed Father's parents to keep the child overnight and
Father to keep her during the day such that Mother would spend a few hours in
the evening with the child and then bring the child back to Father's parents for
the overnight period of custody.
c.) Father currently works at Carlisle Syntec and works a rotating weekly shift such
that in the first week he works Monday through Friday, 7:30 a.m. to 3:30 p.m.
and in the second week he works 3:30 p.m. to 12:00 p.m.
d.) Father has been working at Carlisle Syntec for approximately two (2) months
and during this time period, Mother exercises custody every other weekend,
from Friday to Monday and one week a month, when both Father and his
parents had to work daylight schedules, except that in the last two (2) weeks,
Mother has unilaterally determined that she intends to exercise primary physical
custody and is keeping the child from Father such that although he is used to
seeing her on a daily basis, he has not seen the child since Monday, September
14, 2009.
e.) Father has stable housing, whereas Mother has been residing with an unnamed
significant other for approximately two (2) months and has never provided
Father with an address, with Father discovering Mother's address only after
Mother filed for child support on September 16, 2009, two days after Father
asked that they solidify their custody arrangement in writing.
f.) While Father has tried to involve Mother in all major decision-making, Mother
entered the child in daycare approximately a month ago and to this date has not
provided Father with the contact information for the daycare provider, which is
near to her place of employment.
10. Plaintiff does not know any person not a party to these proceedings who claims to
have custody or visitation rights with respect to the child.
WHEREFORE, Plaintiff requests your Honorable Court enter an Order scheduling a
conciliation conference at which time he should be granted primary physical custody of the child,
and Mother should be granted partial physical custody of the child.
Respectfully submitted,
`T OL&N-8 k NanI& a o. - A--\ ? IN
Hannah Herman-Snyder, Esquke
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unworn falsifications to authorities.
DATE: -/ Z?J M
GARY SMITH, Plaintiff
QT'
ZOQ9 SEE 24 3 7
CUP,
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GARY R. SMITH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
EMILY J. SHEPPARD
DEFENDANT
2009-6420 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, October 02, 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, October 23, 2009 at 8:30 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, Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
RLED-OFFICE
OF THE mt?,xpatqoT
2009 OCT -2 PM 3: 12
CU?US A ?; - U )LINTY
P?:Jr?i?Y?At11iA .
NOV o z 20096) 3
GARY R. SMITH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
EMILY J. SHEPPARD, NO. 2009-6420
Defendant IN CUSTODY
COURT ORDER
AND NOW, this day of November, 2009, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The father, Gary R. Smith, and the mother, Emily J. Sheppard, shall enjoy shared
legal and shared physical custody of Lily Ray Smith, born August 12, 2007.
2. Physical custody shall be handled on a 50/50 basis. Custody shall be a week on/week
off arrangement with exchange of custody to be Sunday afternoon at 4:00 p.m. unless
the parties agree otherwise. The exchange of custody on Sunday afternoon shall be
at the Target Store in Carlisle as has been the custom with the parties. This custody
arrangement is also subject to the following provisions:
A. Father's week with the child shall be the week that father has first shift work
and mother's week shall be the week father has second shift work.
B. The week mother has custody when father has second shift work, father shall
have the ability to enjoy custody of the child during the day on Tuesdays and
Thursdays of mother's week and the child shall be in daycare on Monday,
Wednesday and Friday of mother's week. Exchange of custody on the
Tuesdays and Thursdays when father has the child during mother's week
shall be at 7:30 a.m. at the Carlisle Target Store and at 5:00 p.m. at the
Carlisle Target Store. Mother reserves the right if her work schedule changes
during the day to let father or father's parents know of a modified time for
delivery and pick-up.
3. The parties shall share or alternate holidays pursuant to a schedule agreed upon by
the parties. Absent an agreement, either party or their counsel may contact the
Custody Conciliator directly to schedule a Conciliation Conference which may be
done by telephone after which the Conciliator may recommend an Order to the Court
setting a specific holiday schedule on those areas where there is a disagreement.
4. Neither parent shall allow the child to be in the presence of people who are smoking
including any relatives or care providers.
5. This Order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. The parties may modify this Order as they agree. Absent
an agreement, the parties shall follow the Order. In the event the parties desire to
modify this Order and cannot reach an agreement, either party may Petition the Court
to have the case again scheduled before the Custody Conciliator for a Conference
and, possibly, scheduling of a hearing after that Conference.
Judge
cc: ? HJJ ah Herman-Snyder, Esquire
."Ms. Emily J. Sheppard
Ces rrti?k L
M/sly1
BY THE COURT,
y
GARY R. SMITH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
EMILY J. SHEPPARD, NO. 2009-6420
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:
Lily Ray Smith, born August 12, 2007.
2. A Conciliation Conference was held on October 30, with the following individuals
in attendance:
The father, Gary R. Smith, who appeared with his counsel, Hannah Herman-Snyder,
Esquire, and the mother, Emily J. Sheppard, who appeared without counsel.
3. The parties agree to the entry of an Order in the form as attached.
Date: / fIV 52009 1 (
Hubert X ilroy, Esquire
Custo Conciliator
RL,'-' D- . r rli: F
rt ARY
2009 NOY -5 Ali 8: 24
OM&
UTLILAKIS
Brandon S. O'Donnell, Esquire
Attorney I.D. #: 316575
2 West High Street
Carlisle, PA 17013
(717) 249-0900
GARY R. SMITH,
Plaintiff/Petitioner
v.
EMILY J. SHEPPARD,
Defendant/Respondent
L PROTHONOTARY
rTHE
MAY 13 PH 3: ( 9
!CUt1BERLANO COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2009-6420 CIVIL TERM
CIVIL ACTION — LAW
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes the Petitioner, GARY R. SMITH, by and through his attorney,
Brandon S. O'Donnell, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions
for modification of custody, and in support thereof avers the following:
1. Petitioner is Gary R. Smith, Plaintiff/Petitioner (hereinafter referred to as
"Father"), who currently resides at 198 Fairview Street, Carlisle, Cumberland
County, Pennsylvania and is represented by Brandon S. O'Donnell, Esquire, of
Abom & Kutulakis, L.L.P.
2. Respondent is Emily J. Sheppard, Defendant/Respondent (hereinafter referred to
as "Mother"), who currently resides at 872 Ridge Road, Carlisle, Cumberland
County, Pennsylvania.
3. On or about October 30, 2009, the parties came to an agreement at a Custody
Conciliation, wherein the parties share legal custody of Lily Ray Smith (hereinafter
referred to as "Child") and share physical custody equally 50/50 based upon a week
.00
5-f?
pt- 3,,S f t(
on/week off schedule. (See Order of Court from November 4, 2009, attached
hereto and marked as "Exhibit A").
4. The Order was signed by the Honorable Edward E. Guido on November 4, 2009.
COUNT I - MODIFICATION FOR CUSTODY
5. Paragraphs one (1) through four (4) of this Petition for Modification are
incorporated herein by reference as though set forth in full.
6. This Agreement should be modified because:
a. Father's work schedule has changed from a swing shift to Monday
through Friday from 8:30 a.m. until 5:00 p.m. providing a continuity for
the Child's schedule.
b. Mother and Father only followed the Agreement reached at Conciliation
in 2009 for approximately one year before Father began to exercise
physical custody predominantly with Maternal Grandparents of the Child
because Mother was unavailable to care for the Child or chose not to care
for the Child.
c. Father has been the primary caretaker of the Child for the past four (4)
years.
d. It is in the best interest of the Child to have a stable and safe environment
at all times, which Father can provide for the child at his home with his
fiance.
e. In the past three (3) years, Mother has lived in approximately ten (10)
different residences with numerous different individuals.
f. In February 2014, Mother, on a whim, quit her job and travelled on the
road with a truck driver until approximately May 2014 when she returned
to the Carlisle area.
7. It is believed and therefore averred that it would be in the best interest of the Child
for Mother and Father to share Legal Custody and Father to exercise Primary
Physical Custody of the Child subject to Mother having periods of Partial Physical
Custody.
WHEREFORE, the Petitioner requests that this Court modify the existing Order so
that Father has Primary Physical Custody of the Child and Mother has Partial Physical
Custody of the Child.
DATE 5/) 31 2,°
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
Bfandon S. O'Donnell, Esquire
Supreme Court ID 316575
2 West High Street
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for Plaintiff/ Petitioner
VERIFICATION
I, GARY R. SMITH, verify that the statements made in this Petition for Modification 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. §4904 relating to unsworn
falsification to authorities.
Date/71/
Gary
mith
1
CERTIFICATE OF SERVICE
AND NOW, this 13th day of May 2014, I, Shannon Freeman, of Abom & Kutulakis,
L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for
Modification of Custody, upon the Plaintiff by depositing, or causing to be deposited, same
in the United States Mail, postage prepaid addressed to the following:
Emily J. Sheppard
872 Ridge Road
Carlisle, PA 17015
Defendant/ Respondent
l aitif 1711 /Z.2
annon Free an
GARY R. SMITH, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA r�
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v. NO.: 2009-6420 CIVIL 1'ERM-Cy3,, = .
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EMILY J. SHEPPARD, CIVIL ACTION - LAW73
- a t?
Defendant IN CUSTODY r (4 —+
.<C) -v co-:-
CRIMINAL RECORD/ABUSE HISTORY VERIFICATION FF... (....) r r.
I, Gary R. Smith, hereby swear or affirm, subject to penalties of law includingrl8 - :.
Pa.C.S. § 4904 relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the box next to a crime below, neither I nor any
other member of my household have been convicted or pled guilty or pled no contest
or was adjudicated delinquent where the record is publicly available pursuant to the
Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a
substantially equivalent crime in any other jurisdiction, including pending charges:
Check
all that
apply
Crime
a 18 Pa.C.S. Ch. 25
(relating to criminal
homicide)
18 Pa.C.S. §2702
(relating to aggravated
assault)
Q 18 Pa.C.S. §2706
(relating to terroristic
threats)
f j 18 Pa.C.S. §2709.1
(relating to stalking)
II 18 Pa.C.S. §2901
(relating to kidnapping)
Self Other Date of Sentence
household conviction,
member guilty plea, no
contest plea or
.pending
charges
II 18 Pa.C.S. §2902
(relating to unlawful
restraint)
18 Pa.C.S. §2903
(relating to false
imprisonment).
18 Pa.C.S. §2910
(relating to luring a child
into a motor vehicle or
structure)
Q 18 Pa.C.S. §3121
(relating to rape)
[] 18 Pa.C.S. §3122.1
(relating to statutory
sexual assault)
n D
LI D
Q 18 Pa.C.S. §3123 0 Q
(relating to involuntary
deviate sexual
intercourse)
18 Pa.C.S. §3124.1
(relating to sexual
assault)
Q 18 Pa.C.S. §3125
(relating to aggravated
indecent assault)
Q 18 Pa.C.S. §3126
(relating to indecent
assault
Q 18 Pa.C.S. §3127
(relating to indecent
exposure)
L� 0
Q 18 Pa.C.S. §3129 LI II
(relating to sexual
intercourse with animal)
[l 18 Pa.C.S. §3130 Il
(relating to conduct
relating to sex
offenders)
18 Pa.C.S. §3301
(relating to arson and
related offenses)
18 Pa.C.S. §4302
(relating to incest)
18 Pa.C.S. §4303
(relating to concealing
death of child)
18 Pa.C.S. §4304
(relating to endangering
welfare of children1
18 Pa.C.S. §4305
(relating to dealing in
infant children)
Q 18 Pa.C.S. 55902(b)
(relating to prostitution
and related offenses)
0
18 Pa.C.S. §5903(c) or [1
(relating to obscene and
other sexual materials
and performances)
[� 18 Pa.C.S. §6301 II C1
(relating to corruption of
minors)
II 18 Pa.C.S. §6312 II II
(relating to sexual abuse
of children)
0 0
18 Pa.C.S. §6318
(relating to unlawful
contact with minor)
f 18 Pa.C.S. §6320
(relating to sexual
exploitation of children),
L] 23 Pa.C.S. § 6114
(relating to contempt for
violation of protection
order or agreement)
LI Driving under the
influence of drugs or
alcohol
•
Q Manufacture, sale,
delivery, holding,
offering for sale or
possession of any
controlled substance or
other drug or device
2. Unless indicated by my checking the box next to an item below, neither I nor any
other member of my household have a history of violent or abusive conduct
including the following:
Check • Self Other Date
all that household
" apply member
[] A finding of abuse by a Children & Youth 11 D
Agency or similar agency in Pennsylvania
or similar statute in another jurisdiction
�( Abusive conduct as defined under the Q 0
Protection from Abuse Act in
Pennsylvania or similar statute in another
jurisdiction
II Other:
0 D
3. Please list any evaluation, counseling or other treatment received following
conviction or finding of abuse:
4. If any conviction above applies to a household member, not a party, state that
person's name, date of birth and relationship to the child.
5. If you are aware that the other party or members of the other party's household has
or have a criminal/abuse history, please explain:
I verify that the information above is true and correct to the best of my knowledge
information or belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Glue 1714
Printed Name
GARY R. SMITH IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO.: 2009-6420 CIVIL TERM
EMILY J. SHEPPARD, CIVIL ACTION - LAW
Defendant IN CUSTODY
TO THE PROTHONOTARY OF SAID COURT:
c_) r -
PRAECIPE TO WITHDRAW APPEARANCE
Pursuant to Pa.R.C.P. 1930.8, please withdraw my appearance on behalf of the T mtif-
Gary R. Smith, in the above -captioned matter.
cD
DAIL - q
matter.
Respectfully submitted,
G3
—re
rn
-CO NA". -
Hannah Herman -Snyder, Esquire
200 N. Hanover Street
Carlisle, PA 17013
(717) 243-5551
Attorney ID # 91537
PRAECIPE OF ENTRY OF APPEARANCE
N,
Please enter my appearance on behalf of the Plaintiff, Gary R. Smith, in the above -captioned
DA1E . JI3JV»4
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
Brat don S. O'Donnell, Esquire
2 West Iigh Street
Carlisle, PA 17013
(717) 249-0900
Attorney ID # 316575
CERTIFICATE OF SERVICE
I, Shannon Freeman, of Abom & Kutulakis, L.L.P., hereby certify that a copy of the
foregoing Praecipe to Withdraw and Enter Appearance was served this date by depositing
same in the Post Office at Carlisle, Pennsylvania, first class mail, postage prepaid, addressed
as follows:
Hannah Herman -Snyder, Esquire
Griffie & Associates, P.C.
200 North -Hanover Street
Carlisle, PA 17013
Emily J. Sheppard
872 Ridge Road
Carlisle, PA 17015
Defendant
aka ,r1.,Vl.f yl PA_o_f_ey-1,4LA
annon Freem
GARY R. SMITH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
V.
EMILY J. SHEPPARD
DEFENDANT
CUMBERLAND COUNTY, PENNSYLVANIA
2009-6420 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, May 19, 2014 , upon consideration of the attached Complaint, it is
hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor , Cumberland County Courthouse, Carlisle on Tuesday, June 17, 2014 8:30 AM
for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure
to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief
orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court (including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT.
By: /s/ Hubert X. Gilroy, Esq. 1f(1/
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.
�3. ) 'IJG/UIlL LL
eft.t7 slipba_ct_
/44-)-y /4_04 Loy
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Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
GARY R. SMITH,
Plaintiff
vs.
EMILY J. SHEPPARD,
Defendant
AND NOW, this
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSY Vr NIA- -
CIVIL ACTION - LAW =rn <`---_
T _
: NO. 2009-6420 ...<>`'
: IN CUSTODY <c723,
=C) _
COURT ORDER ' 77
/'4411
day of June 2014, upon consideration of the attached Custody
—r
Conciliation Report, it is ordered and directed that this Court's prior Order of November 4, 2009,
is VACATED and replaced with the following Order:
1. The Father, Gary R. Smith, and the Mother, Emily J. Sheppard, shall enjoy shared
legal custody of Lily Ray Smith, born August 12, 2007.
2. The Father shall enjoy primary physical custody of the minor child.
3. The Mother shall enjoy periods of partial physical custody of the minor child at such
times as the parties may agree. It is understood that Father will be flexible in
working with Mother to arrange periods of her partial physical custody.
4. The parties shall share or alternate custody on holidays pursuant to a schedule as
agreed upon by the parties.
5. This Order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. In the event the parties desire to modify this Order at any
point in the future, either party may petition the Court to have the case again
scheduled before the Custody Conciliator for a Conference and, possibly, scheduling
of a hearing after that Conference.
No party shall be permitted to relocate the residence of the child where said relocation will
significantly impair the ability to exercise custody unless every individual who has custodial
rights to the child consents to the proposed relocation or the court approves the proposed
relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337.
cc: ✓ don S. O'Donnell, Esquire
Ms. Emily J. Sheppard=111241— 4/ILI
Edward Guido, J.
3
GARY R. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
EMILY J. SHEPPARD, : NO. 2009-6420
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:
PRIOR JUDGE: Honorable Edward Guido
1. The pertinent information pertaining to the child who is the subject of this litigation
Date:
is as follows:
Lily Ray Smith, born August 12, 2007.
2. A Conciliation Conference was held on June 17, 2014, with the following individuals
in attendance:
The Father, Gary R. Smith, who appeared with his counsel, Brandon S. O'Donnell,
Esquire, and the Mother, Emily J. Sheppard, who appeared without counsel.
3. The parties agree to the entry of an Order in the form as attached.
1,4., (7 ,2014
a
Hubert X. Gil y, Esquire
Custody Conciliator