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HomeMy WebLinkAbout09-8231SUZANNE M. SMITH, Plaintiff V. NO. 2009 - CIVIL TERM KEITH E. SMITH, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF "'OU 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 WHERE YOU CAN GET LEGAL HELP. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SNELBAKER & BRENNEMAN, P.C. By: I //V'--? Attorneys for Plaintiff SUZANNE M. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009 - Fa 3 / CIVIL TERM KEITH E. SMITH, Defendant CIVIL ACTION -LAW IN DIVORCE COMPLAINT 1. Plaintiff Suzanne M. Smith is an adult individual residing at 2414 Rye Circle, Mechanicsourg, Cumberland County, Pennsylvania 17055. 2. Defendant Keith E. Smith is an adult individual residing at 2414 Rye Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on January 17, 1997 in Las Vegas, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. LAW OFFICES SNELBAKER & BRENNEMAN,P.C. COUNT I - DIVORCE 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Suzanne M. Smith requests this Court to issue Decree divorcing iff and Defendant from the bonds of matrimony pursuant to Section 3301(c) of the Divorce (Code. COUNT II - EQUITABLE DISTRIBUTION 10. -Paragraphs 1 through 9, inclusive, of this Complaint are incorporated by reference herein. 11. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from January 17, 1997. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff Suzanne M. Smith requests this Court to order equitable distribution of marital property and debts. LAW OFFICES SNELBAKER SC -2 BRENNEMAN,P.C. COUNT III - ALIMONY 13. The Plaintiff requires reasonable support and alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 14. The Plaintiff requests this Court to allow alimony and alimony pendente lite as it deems reasonable pursuant to Sections 3701 and 3702 of the Pennsylvania Divorce Code. COUNT IV - COUNSEL FEES COSTS AND EXPENSES 15. The Plaintiff has employed Snelbaker & Brenneman, P. C. as counsel and, because of the anticipated litigation expenses and her limited income, is unable to pay for the expenses of counsel and litigation. 16. The Plaintiff requests the Court to allow her reasonable counsel fees, costs and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, the Plaintiff Suzanne M. Smith prays your Honorable Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and the Defendant; (b) order equitable distribution of marital property; (c) order Defendant to pay alimony and alimony pendente lite to Plaintiff in such amounts as the Court deems reasonable; (d) order payment of counsel fees, costs and expenses as the Court deems just and reasonable; and -3- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. (e) order such other relief as the Court deems just and reasonable. SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: November 30, 2009 Attorneys for Plaintiff Suzanne M. Smith -4- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint 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 unsworn falsification to authorities. Suzann .Smith Date: November 30, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SUZANNE M. SMITH, Plaintiff v. j KEITH E. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT SUZANNE M. SMITH being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the j Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: NpyerAber 30, 2009 e M. Smith (Plaintiff) LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2005 N TD) '! 30 A[110, : i 71. all 3 4,1W dA- yG/ 111,6'. SG ?V y 8W,`rw",bl SUZANNE M. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY , PENNSYLVAN IA v. : NO. 2009- 8231 n a .~ KEITH E. SMITH ~- I'~= ~- ~~ , Defendant :CIVIL ACTION -LAW r~ ~ ;. :`~ ~' C ~:: °~" I-f7 -~ -;, T IN DIVORCE ,~_-, ~' <~>,=, = ~ r~: _ 7". PRAECIPE TO TRANSMIT RECORD ~ ~ ._ ~ ~~ TO THE PROTHONOTARY: Please transmit the record of this case, together with the following information to the Court for the entry of a Divorce Decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: by certified mail, restricted delivery received December 4, 2009 (see Affidavit of Service dated December 7, 2009 filed in this action). 3. Date of execution of the affidavit required by Section 3301(c) of the Divorce Code: by Plaintiff: June 9, 2010; by Defendant: June 9, 2010. 4. Related pending claims: None. 5. Date of Plaintiffs waiver of notice in Section 3301(c) divorce filed with the Prothonotary: June 9, 2010. Date of Defendant's waiver of notice in Section 3301(c) divorce filed with .the Prothonotary: June 9, 2010. Date: June 10, 2010 i ~~~, Keith O. Brenneman, Esquire Snelbaker & Brenneman, P. C. 44 West Main Street Mechanicsburg PA 17055 Attorneys for Plaintiff LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. ~~.!. t.Jf'~~'~~;.. ., ~~IL 1 ZOiO ..aid i ~ f'~~1 f2~ i ~~ SUZANNE M. SMITH, Plaintiff v. KEITH E. SMITH, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2009 - 8231 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 30, 2009. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. Law or~ices Date: ~ ~~ ~ l ~ ° ~.. SNELBAKER & Suzanne .Smith BRENNEMAN, F.C. FIB E~.:-C'i :=i ;E 2~1~ Ji~~ ~ 0 ~'~~ 12~ ~ i SUZANNE M. SMITH, Plaintiff v. KEITH E. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 8231 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I 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. I 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. 4. 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: ~, ~ ~ ~ l D LAW OFFICES ~ s-" SNELBAKER 8C BRENNEMAN. P. C. Suz M. Smith If 4J.~.. r.~1.~4.~ ,~,~• ~n'~ A t'SY cur~:~: .~~r~ SUZANNE M. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2009 - 8231 CIVIL TERM KEITH E. SMITH, ; Defendant :CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I 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. I 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. 4. I verify that the statements made in this affidavit are true and correct. I understand LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ to Keith E. Smith zo~a ~~~~ ~ ~ ~r~ i2~ ~ ~ SUZANNE M. SMITH, Plaintiff v. KEITH E. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009 - 8231 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 30, 2009. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. LAw o~ices Date: /~ t SNELBAKER 8C ~ 1( BRENNEMAN. P.C. eith E. mith SUZANNE M. SMITH V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH E. SMITH NO. 2009-8231 DIVORCE DECREE AND NOW, ~y'n ~ ~~ ~ ~ ~ , it is ordered and decreed that SUZANNE M. SMITH KEITH E. SMITH bonds of matrimony. plaintiff, and defendant, are divorced from the 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. The parties' Post-Nuptial Agreement dated June 9, 2010 is incorporated but not merged into this Decree. By the Court, Attest: J. Prothonotary `~ Cn • ~-• t o ~~ c~ ~~ Cep '~ Gam. CJ SUZANNE M. SMITH : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA-11, _- v. : Docket No. 2009-8231 --, r7 C%) KEITH E. SMITH : CIVIL ACTION - LAW zrri Defendant : IN DIVORCE NOTICE TO TO DEFEND AND CLAIM RIGHTS `} `} ' " —( 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 the 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,Cumberland County Courthouse, 1 Courthouse Square,Carlisle, PA. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 BY: A A Dhn F. King, Esquire /3 ioce'cly4 -) 9 • JOHN F. KING LAW, P.C. John F. King, Esquire ID#61919 4076 Market Street Attorney for Plaintiff Camp Hill, PA 17011 (717) 695-2222 (717) 695-2207 FAX SUZANNE M. SMITH : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Docket No. 2009-8231 KEITH E. SMITH : CIVIL ACTION - LAW Defendant : IN DIVORCE SUPPLEMENTAL DIVORCE COMPLAINT PURSUANT TO RULE 1920.13 1. Petitioner is Defendant, Keith E. Smith, the Father of the subject minor child, with a current address of 43 Greenmont Drive, Enola, Cumberland County, PA 17025, who is represented by John F. King, Esq., 4076 Market Street, Camp Hill, PA 17011,phone (717) 695-2222. 2. Respondent is Plaintiff, Suzanne M. Parker, formerly known as Suzanne M. Smith, the Mother of the subject minor child, with a current address of 309 Somerset Drive, Shiremanstown, Cumberland County, PA 17011. It is unknown if Respondent is represented. 3. A Complaint in Divorce was filed on November 30, 2009, in the Court of Common Pleas, Cumberland County, Pennsylvania, docketed as captioned above, and is incorporated herein by reference. COUNT 1 COMPLAINT FOR CUSTODY 4. The averments set forth above are incorporated herein by reference. 5. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE DOB Dylan G. Smith 309 Somerset Drive 13 yrs 3/3/2000 Shiremanstown, PA The child was not born out of wedlock. The child is presently in the primary custody of Defendant/Mother, Suzanne M. Parker, formerly known as Suzanne M. Smith, who resides at 309 Somerset Drive, Shiremanstown,PA 17011. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Mother and Father 2414 Rye Circle, Mechanicsburg, PA 2000 - 6/1/2010 Primary: Mother 2414 Rye Circle, Mechanicsburg, PA 6/1/2010 -2010 Mother and Husband 2414 Rye Circle, Mechanicsburg, PA 2010-2011 Mother and Husband 309 Somerset Drive, Shiremanstown, PA 2011 - present Partial: Father 724 Grantham Rd., Apt 1, Grantham, PA 6/1/2010-9/1/2011 Father 218 W. Coover St., Mechanicsburg, PA 9/1/2011-8/1/2013 Father 43 Greenmont Dr., Enola, PA 8/1/2013-present Victoria Maxwell (Paramour) Jessica Watson (daughter of Victoria- 26 yrs) Dylan Maxwell (son of Victoria - 8 yrs) The mother of the child is Suzanne M. Parker, formerly known as Suzanne M. Smith, currently residing at 309 Somerset Drive, Shiremanstown, PA 17011. She is married to Richard Parker. The father of the child is Keith E. Smith, currently residing at 43 Greenmont Drive, Enola, PA 17025. He is single. 6. The relationship of the Petitioner/Defendant to the child is that of Father. The Petitioner currently resides with: NAME RELATIONSHIP Victoria Maxwell Paramour Jessica Watson (daughter of Victoria- 26 yrs) None Dylan Maxwell (son of Victoria - 8 yrs) None 7. The relationship of the Respondent to the child is that of Mother. The Respondent currently resides with her husband, Richard Parker, and the subject child. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, except for the execution of a Post-Nuptial Agreement containing a custody schedule, which Agreement was incorporated into the Divorce Decree. A copy of the Pre-Nuptial Agreement is attached hereto and marked as Exhibit "A". 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The subject minor child, now age 13, enjoys a close, loving relationship with both parents. B. Both parents are actively involved in the subject minor child's life. C. It would be in the subject minor child's best interests to be subject to a Custody Order, which allows for shared physical custody with each parent. D. The subject minor child has expressed a well-reasoned preference for a shared physical custody schedule with each parent. 10. 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 a party to this action. 11. I have attached the criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2. WHEREFORE, Plaintiff requests the Court to grant shared legal custody and partial physical custody of the child. Dated: September;)-7, 2013 Respectfully submitted, JOHN F. KING Li.W, P.C. JIhn F. King, Esquire 40 4076 Market Street Camp Hill, PA 17011 Attorney for Plaintiff VERIFICATION I, Keith Smith, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Custody Complaint for Modification; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904,relating to unsworn falsification to authorities. c) J.: --r Dated: i , 2013 Keith Smith SUZANNE M.SMITH COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 2009-8231 KEITH E. SMITH IN CUSTODY c•-•, Defendant I— :, C) CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Keith Smith, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 PA.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence All That Household Conviction Apply Member Guilty Plea,No Contest Plea or Pending Charges ❑ 18 PaC.S. Ch 25 ❑ ❑ (relating to criminal homicide) ❑ 18 PaC.S.§2702 ❑ ❑ (relating to aggravated assault) ❑ 18 PaC.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 PaC.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 PaC.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 PaC.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 PaC.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 PaC.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 PaC.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 PaC.S. §3121 ❑ ❑ (relating to rape) ❑ 18 PaC.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 PaC.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 PaC.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 PaC.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 PaC.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 PaC.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 PaC.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 PaC.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 PaC.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 PaC.S. §4302 ❑ ❑ (relating to incest) ❑ 18 PaC.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 PaC.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 PaC.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 PaC.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 PaC.S. §5903(c) ❑ ❑ or(d) (relating to obscene and other sexual materials and performances) ❑ 18 PaC.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 PaC.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 PaC.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 PaC.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 18 PaC.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery,holding, offering for sale or possession of any controlled substance or other drug or device • 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date All That Household Apply Member ❑ A finding of abuse by a ❑ ❑ Children & Youth Agency of similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined ❑ ❑ under the Protection from Abuse act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: 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 of au horities. Signature Printed Name SUZANNE M. SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA iIA'.,., V. 2009-8231 CiViL ACTION LAW rri rT� c-a KEITH E. SMITH --t %a T, IN CUSTODY cn DEFENDANT • --<.> ' • Vic` _9 D ORDER OF COURT AND NOW, Friday,October 04,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday,Esq. ,the conciliator, at 39 West Main Street,Mechanicsburg,PA 17055 on Tuesday,November 05,2013 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,Special Relief orders,and 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: Is/ Dawn S. Sunday, 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 I _5`u Zaltn-e Pa,kei' hzwn S• e e ,Y ,Jd 'v/q/ 13 SUZANNE M. SMITH : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Docket No. 2009-8231 KEITH E. SMITH : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this_9_day of October, 2013, serving the supplemental divorce complaint with count for custody and criminal abuse history form,and criminal abuse history form for Plaintiff/Respondent, upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail certified restricted delivery addressed as follows: Suzanne Smith Parker 309 Somerset Drive Shiremanstown, PA 17011 r7 t ` ' ,,,_i Sh'arry Semans LI c-) U)r" -- ,- c6:--- D C-) ..x. — SENDER t :i7iPI, t_ .,ti :I/Utv C(r.;:.LiLiti...;;LLl;I.P. .f. L".-f„ U.S. Postal Service, • complete items 1,2,and 3.Also complete A. Sig CERTIFIED MA I LTtr, RECEIPT Item 4 if Restricted Delivery is desired. X ❑Agent (Domestic Mail Only;No Insurance Coverage P Print your name and address on the reverse 0 Addressee so that we can return the card to you. Received by(Pd Name) C. Date of elivery '•'D For delivery information visit our website at www.usp • Attach this card to the back of the mailpiece, `d t© ) �1 = or on the front if space permits. I .6,l-Q OFFICIAL D. Is delivery address different from Item 1? Yes Q' 1. Article Addressed to� If YES,enter delivery address below: ❑No r-) Postage $ 5 I%c� ✓i Certified Fee O CI ,��' 0 ^s n l)r Pc Return Receipt Fee I ��(�'CO COI�, O (Endorsement Required) Sh i�}1�f a/I W 0 O w,t (3/ O Restricted Delivery Fee �� c3 (Endorsement Required) /".70 ii, 3. 31-1i/Per = fftertifled Mall ❑Express Mall .A Total Postage&Fees $ ❑Replstered ❑Return Receipt for Merchandise ra Sent To 0 Insured Mail ❑C.O.D. /' rrul 1 1 j�� --/--r-/� 1, i r e4 •` . 7(4-'1/^- 4. Restricted Delivery?(Extra Fee) 11f'Yr a Street Apt No.; ���{"j 2. Article N r` or PO Box No. r V t cam, (Tlen�� m ►�loe 7 01+.2 a,6 4 I.1 000,2, ;15.49, 4611 City State,ZI' r V vl,�` PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o PS Form 3800.An ust 2006 See Revel SUZANNE M. SMITH • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. : 2009-8231 CIVIL ACTION LAW • KEITH E. SMITH • Defendant IN CUSTODY ORDER OF COURT AND NOW, this t 4;1401 day of ID v e.rK b Lr , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall make arrangements for the Child to participate in counseling with a professional selected by agreement between the parties. The purpose of the counseling shall be to determine whether the Child has a well reasoned preference for spending additional time with the Father as indicated by the Father in his request for modification of the schedule or a preference for maintaining the schedule as it currently exists as indicated by the Mother. After obtaining guidance from the counselor, the parties shall cooperate in making necessary adjustments to the schedule based on both parties' expressed desire to accommodate the Child's preference if one exists. The costs of counseling shall be shared equally between the parties. 2. In the event the parties are unable to resolve the outstanding custody issues by agreement following the counseling, the Father may file a Petition for the scheduling of a hearing at that time. BY THE COURT, M. L. E.ert Jr. J. I cc: 'VyIehn F. King Esquire—Counsel for Father Samuel L. Andes Esquire—Counsel for Mother ,..:, X Pi CD // Pa/f3 — , - r !_ /Y l ?> -, t SUZANNE M. SMITH • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. 2009-8231 CIVIL ACTION LAW • KEITH E. SMITH . Defendant • IN CUSTODY Prior Judge: M. L. Ebert Jr. —on Divorce CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Dylan Smith 2000 Mother 2. A custody conciliation conference was held on November 5, 2013, with the following individuals in attendance: the Mother, Suzanne M. Parker, formerly Smith, with her counsel, Samuel L. Andes Esquire, and the Father, Keith E. Smith, with his counsel, John F. King Esquire. 3. The Father filed this amendment to the divorce complaint seeking a modification of the custody provisions of the Marital Settlement Agreement which were incorporated into the Divorce Decree. Under the parties' current schedule, the Father has custody of the Child on alternating weekends from Friday through Monday, every week from Wednesday through Thursday, and every fourth week from Wednesday through Friday. The Father requested one additional overnight with the Child every two weeks so that he would have an exactly 50/50 equally shared custody arrangement rather than the slightly less than 40% arrangement currently in effect. 4. The Father indicated that the main reason for the proposed additional overnight every two weeks was that the Child had expressly requested additional time with him. The Mother indicated that the Child expressed a different preference to her related to the schedule. 5. In lieu of having the parties' 13 year old son placed in the position of expressing his preference at the time of a hearing, the conciliator raised the possibility of having the Child work briefly with a counselor who could determine whether the Child has a preference with respect to the schedule or whether the Child is attempting to placate both parents. Under that option, the counselor could work with the Child in such a way that he does not feel he is being placed in the position of making the decision and could provide guidance to the parents who could then, with additional insight cooperate to adjust the schedule if necessary. The Mother opposes involving the Child in the legal proceedings and would agree to the counseling option. The Father does not believe the counseling would result in agreement and requested the scheduling of a hearing at which time the Child would testify. 6. The conciliator contacted the court for guidance as to whether a hearing should be scheduled at this time or after the parties have attempted to resolve this matter through the counseling option. Upon receipt of that guidance from the Court, the conciliator submits an Order in the form as attached. PtrkLn xA 7 d.o Date Dawn S. Sunday, Esquire Custody Conciliator C'F 71;21Ro-Orfle - JOHN F. KING LAW, P.C. jy J��r "dQ, ;#s John F. King,Esq. �$!� 4076 Market Street, Ste 100 CU lie F '117/0: 3 COU Camp Hill,PA 17011 IV°(7 7) 695-2222 FAX(717)695-2207 PE °S Y/ ANIA'�TY johnfldnglaw@gmail.com A SUZANNE M. SMITH : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : Docket No. 2009-8231 KEITH E. SMITH : CIVIL ACTION - LAW Defendant : IN DIVORCE PREVIOUS CONCILIATOR: Dawn S. Sunday, Esq. PREVIOUS JUDGE: Hon. M.L. Ebert, Jr. MOTION FOR CONTEMPT PURSUANT TO Pa.R.C.P. 1915.12 TO THE HONORABLE JUDGES OF THE SAID COURT: AND NOW COMES the Petitioner,Keith Smith,by and through his attorneys, John F. King Law, P.C., and brings this Motion for Contempt, pursuant to Pa.R.C.P. 1915.12 averring as follows: 1. The Petitioner is Keith E. Smith,Defendant in the above-captioned action,and Father of the minor child,with a current address of 43 Greenmont Drive,Enola, Cumberland County,PA 17025. 2. The Respondent is Suzanne M. Smith, Plaintiff in the above-captioned action, and Mother of the minor child, with a current address of 309 Somerset Drive, Shiremanstown, Cumberland County,PA 17011. 6) ct.S P°?da coNk- out-Pcm) c2.; oc.)cak 3. On November 18, 2013, Judge M.L. Ebert entered an Order which stated in part the following: "The parties shall make arrangements for the Child to participate in counseling with a professional selected by agreement between the parties. The purpose of the counseling shall be to determine whether the Child has a well reasoned preference for spending additional time with the Father as indicated by the Father in his request for modification of the schedule or a preference for maintaining the schedule as it currently exists as indicated by the Mother." See copy of the Order, attached hereto as Exhibit "A". 4. Respondent/Mother has willfully failed to abide by the Order in that: A. Subsequent to the entry of the Order, counsel for moving party received correspondence from opposing counsel, Samuel L. Andes,Esq., dated November 21, 2013, which stated in part: "...we must agree upon who to use to interview Dylan...". A copy of the letter is attached as Exhibit "B". B. On December 13, 2013, counsel for the moving party corresponded with counsel for the Respondent, indicating two possible counselors, either of which were agreeable to the moving party. Copy of the letter is attached hereto and marked as Exhibit "C". C. Mother failed and refused to respond to the letter, and has not identified a counselor,thereby unduly delaying this matter. D. Mother has failed and refused to identify a possible counselor,thereby unduly delaying this matter. 5. The Petitioner has incurred significant legal fees as a result of the Respondent's contemptuous action, and her failure to remedy said contemptuous action, in the amount of $400.00, and will incur further legal fees in order to resolve this contempt issue. WHEREFORE,the Petitioner requests that the Respondent be held in contempt of Court, and further requests that the Court order Mother to identify a counselor pursuant to the terms of the November 18, 2013, Order, and to pay legal fees and costs to Father in the amount of $400.00 plus those determined at hearing. Dated: January 020'17 2014 Respectfully submitted, JOHN F. KING LAW,P.C. Jo . King,Esquire 1D#61919 �J 4076 Market Street, Ste 100 Camp Hill,PA 17011 (717)695-2222 ate SUZANNE M. SMITH • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2009-8231 CIVIL ACTION LAW • KEITH E. SMITH • Defendant • IN CUSTODY ORDER OF COURT AND NOW, this !B4k.. day of A ['x,1CJ-nk4 , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall make arrangements for the Child to participate in counseling with a professional selected by agreement between the parties. The purpose of the counseling shall be to determine whether the Child has a well reasoned preference for spending additional time with the Father as indicated by the Father in his request for modification of the schedule or a preference for maintaining the schedule as it currently exists as indicated by the Mother. After obtaining guidance from the counselor, the parties shall cooperate in making necessary adjustments to the schedule based on both parties' expressed desire to accommodate the Child's preference if one exists. The costs of counseling shall be shared equally between the parties. 2. In the event the parties are unable to resolve the outstanding custody issues by agreement following the counseling, the Father may file a Petition for the scheduling of a hearing at that time. BY THE COURT, /1■5/Lrt r. J. cc: John F. King Esquire—Counsel for Father Samuel L. Andes Esquire—Counsel for Mother ' -- r rt cr.) -1" zrrt r�,.... F. cn r` ; I co c)'-;-' <G i. C's TRUE COPY FROM RECORD In Testimony whereof,l here unto set my hand and th a of said Co at Carlisle,Pa.^� This�� Y of—,r-�°� 20 IST Prothonota Cre. SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P.O.BOX 168 - MAILING ADDRESS: LEMOYNE, PENNSYLVANIA 17043 TELEPHONE P.0.BOX 168 (717) 761.5361 LEMOYNE,PA 17043-0168 FAX E-MAIL:La.,Andes5Mol.com 21 November 2013 (717) 781-1435 John F. King, Esquire 4076 Market Street Camp Hill, PA 17011 RE: Keith E. Smith Dear John: Now that we have the court's order, we must agree upon who to use to interview Dylan to determine whether he has a preference for modification of the order or not. There may be insurance available although, even if there is insurance coverage, I doubt that it would pay for this type of counseling. Give it some thought and get back to me with a few names so we can try to agree on who to use. Sincerely, Sam 1 L. Andes amh cc: Ms. Suzanne Parker JOHN F. KING LAW, P.C. 4076 Market Street, Suite 100 Camp Hill, PA 17011 717-695-2222 / 717-695-2207 FAX John F. King, Esq. johnfkinglaw ,,gmail.com December 13, 2013 Samuel Andes, Esq. 525 N. 12th Street PO Box 168 Lemoyne, PA 17043 RE: Smith v. Parker Dear Sam: This is in response to your correspondence dated November 21, 2013. In your letter you correctly noted that it will now be necessary for the parties to retain a counselor so that their son can participate in counseling "...to determine whether the Child has a well reasoned preference for spending additional time with Father...". I have two suggestions as follows: One is Jamie Orris. Ms. Orris is with the Winding Creek Counseling Services, at 100 Winding Creek Blvd., Suite 3, in Mechanicsburg. Her office phone number is 590-7284. The other is Vivian Blanc. Mr. Blanc's office is located at 1017 Mumma Road, Wormleysburg, PA. Her phone number is 303-5960. My client would be agreeable to utilizing either of the above two counselors. Please let me know which of these,counselors your client would like to use, or in the alternative, let me know if neither of these are suitable, or if your client has another suggestion. Thank you very much for your kind attention to this matter. Very truly yours, cal John F. King JFK/sds Cc: Keith Smith oxe., VERIFICATION I,Keith Smith,hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Petition for Contempt; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Z Z-- , 2014 Ke. Smith • COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA V. • NO. ? _ ci,_.- IN CUSTODY c ° Defendant • rn 1-02 i pct. CRIMINAL RECORD/ABUSE HISTORY VERIFICATION —I r•r; I Keith Smith, hereby swear or affirm, subject to penalties of law including 18 I, Y � subject P g 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 Crime Self Other Date of Sentence All That Household Conviction Apply Member Guilty Plea,No Contest Plea or Pending Charges ❑ 18 PaC.S. Ch 25 ❑ ❑ (relating to criminal homicide) ❑ 18 PaC.S.§2702 ❑ ❑ (relating to aggravated assault) ❑ 18 PaC.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 PaC.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 PaC.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 PaC.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 PaC.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 PaC.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 PaC.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 PaC.S. §3121 ❑ ❑ (relating to rape) ❑ 18 PaC.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 PaC.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 PaC.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 PaC.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 PaC.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 PaC.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 PaC.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 PaC.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 PaC.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 PaC.S. §4302 ❑ ❑ (relating to incest) ❑ 18 PaC.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 PaC.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 PaC.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 PaC.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 PaC.S. §5903(c) ❑ ❑ or(d) (relating to obscene and other sexual materials and performances) ❑ 18 PaC.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 PaC.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 PaC.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 PaC.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 18 PaC.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery,holding, offering for sale or possession of any controlled substance or other drug or device 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 unworn falsification of authorities. . y Sigma ure K Printed Name SUZANNE M. SMITH IN THE COURT OF COMMON PLEAS OF ,y PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN r- r � V. 2009-8231 CIVIL ACTION LAW 2> ~ KEITH E. SMITH rr_X ar IN CUSTODY <C; DEFENDANT , r'^j ORDER OF COURT AND NOW, Tuesday,January 28,2014 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday,Esq. , the conciliator, at 39 West Main Street,Mechanicsburg,PA 17055 on Tuesday, February 25,2014 10:00 AM for a Pre-l-learing 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: lsl Daum S. Sunday, Esq.1j 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. 1QS mc-UL( Cumberland County Bar Association CJ 32 South Bedford Street J • j Carlisle, Pennsylvania 17013 Q�J (�,�� Telephone (717)249-3166 J II b. /as/�� SUZANNE M. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. : 2009 - 8231 Civil Term KEITH E. SMITH, : CIVIL ACTION - LAW Defendant : IN CUSTODY c, r PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANC "' TO THE PROTHONOTARY: rU t-�' Please withdraw the appearance of John King, Esquire as Attorney of F record for Keith E. Smith. Respectfully Submitted: Date: 2.I /Q/ul /, ohn King, Esquires I.D. No. (0 / /7/ 4076 Market St. Suite 1 Camp Hill, Pa 17011 (717) 695-2222 Please enter the appearance of Jane Adams, Esquire, as Attorney of record for Keith E. Smith. espectfully Submitted::� Date: R ' I� , r � �_Q e Adams, Esquire %. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 SUZANNE M. SMITH • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA vs. • 2009-8231 CIVIL ACTION LAW KEITH E. SMITH • Defendant • IN CUSTODY ORDER AND NOW, this 24th day of February, 2014, the conciliator, having been advised by counsel that there is no need for the custody conciliation conference set for February 25, 2014, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for February 25, 2014 is canceled. FOR THE COURT, 41111 go. Dawn S. Sunday, Esquire d Custody Conciliator G3 � � Jane Adams ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadarns@gmail.com SUZANNE M. SMITH, Plaintiff vs. KEITH E. SMITH, FILED -OFFICE ICr'E GF THE PROTHONOTARY 20-I4 JUN 12 PH 3: 19 - CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2009 - 8231 Civil Term : CIVIL ACTION - LAW : IN CUSTODY Defendants : MOTION TO SCHEDULE A HEARING AND NOW, comes Defendant/Petitioner, Keith E. Smith, by and through his counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Keith E. Smith, (hereinafter referred to as "Father"), is the Defendant in the above -captioned matter, and he resides at 43 Greenmont Drive, Enola, Pa. 17025. He is represented by Jane Adams, Esquire. 2. Suzanne M. Smith, now known as Suzanne M. Parker, (hereinafter referred to as "Mother"), is the Plaintiff/Respondent in the above -captioned matter, and currently resides in Shiremanstown, Pennsylvania, 17025. She is represented by Samuel Andes, Esquire. 3. The parties are the natural parents of one child, namely Dylan Smith, born March 3, 2000, age 14. 4. The parties are subject to a stipulation and an Order of Court, dated November 18, 2013, which provided that the parties would make arrangements for the child to participate in counseling with a professional to ascertain the child's preference. 00/0a, 04 41-4 3 * «37s� 5. The child has completed counseling. 6. The court Order of November 18, 2013 also provided that, "in the event the parties are unable to resolve the outstanding custody issues by agreement following the counseling, the Father may file a Petition for the scheduling of a hearing at that time." 7. The parties have been unable to resolve the outstanding issues by agreement and Father is requesting that a hearing before this Honorable Court be'scheduled at this time. 8. Due to the ongoing communications and nature of the dispute, it is assumed that Mother does not agree with this request. 9. This matter was previously assigned to Judge Ebert. 10. The custody complaint was filed on October 1, 2013 as an added count to the divorce; no final custody Order has ever been entered on this matter. WHEREFORE, Plaintiff requests the court to set a hearing to examine custody of the child and enter a final order. Date: \\9 Respectfully submitted, Jar - Adams, Esquire INo. 79465 1, est South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR FATHER KEITH E. SMITH VERIFICATION I verify that the statements made in this MOTION 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: Keith E. Smith, Defendant/Petitioner CERTIFICATE OF SERVICE AND NOW, this June 11, 2014, I, Jane Adams, Attorney for Father, Keith E. Smith, hereby certify that a copy of this MOTION is being forwarded contemporaneously with this mailing to the following parties, by placing such in first-class mail, addressed to: Samuel L. Andes, Esquire 525 N. Twelfth St. P. 0. Box 168 Lemoyne, Pa. 17043 MOTHER'S ATTORNEY an' Adams, Esquire 1.D No. 79465 17 . South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR FATHER KEITH E. SMITH SUZANNE,M. SMITH, ..; : IN THE;COURT OF.COMMON PLEAS Plaintiff ; .r., : CUMBERLAND COUNTY, PENNSYLVANIA' �..._>; .".,`cli-nom c° vs. ; ,; /rej : No. 2009 - 8231 Civil Term ,r- <p s_.G3 .D KEITH E. SMITH, : CIVIL ACTION - LAW : IN CUSTODY Defendants CRIMINAL RECORD /ABUSE HISTORY VERIFICATION KEITH E. SMITH, hereby swear or affirm, subject to Penalties -of 1'aw including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities4that:- rk 01? 1. Unless indicated by my checking the box next to a crime below, neither.Inor any other member of my household have been convicted or pled guilty or, plead] no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a frit' substantially equivalent crime in any other jurisdiction, including,pending charges: Check Crime Self Other Date of -',-• Sentence All thathousehold conviction, apply member guilty plea, no: t . contest plea ,or, pending charjes 418 Pa.C.S. Ch. 25 l(relating to criminal C!liomicide) 8 Pa.C.S. §2702 - (relating to aggravated ,assault) 8 Pa:C.S. §2706 ❑ ;`(relating to terroristic (threats) 11 ys. 7r. : 18 Pa.C.S. §4305 (relating to dealing in ;. infant children) t, 18 Pa.C:SP§5902(b): (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or 1 (d)(relating to obscene and other sexual materials' and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minors) 18 Pa.C.S. §6320 (relating to sexual exploitation of children 23 Pa.C.S. §6114 (relating to contempt for violation' of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply A finding of abuse by Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: Self Other household members Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other parry's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. S4gned: Date: , ! l o� go /'1 lstL .5 1111 Printed Name SUZANNE M. SMITH, : IN THE COURT OF COMMON'PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2009 - 8231 Civil Term KEITH E. SMITH, : CIVIL ACTION - LAW : IN CUSTODY Defendants : ORDER AND NOW, this /14--- day of �-_* , 2014, a hearing regarding custody is scheduled for the 801' day of (*(-21-- , *V, 2014, at ( 45 /P.M in Courtroom No. a- of the Cumberland County Courthouse in Carlisle, Pennsylvania. The parties shall file pre- trial memorandums pursuant to the Rules of Civil Procedure at least \ 0 days before the scheduled hearing. cc: Sam Andes, Esquire, for Mother Jane Adams, Esquire, for Father O (es OlLszt [o ?M. By the Court: J. C) mco �r r C. r SUZANNE M. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V : 09-8231 CIVIL TERM KEITH E. SMITH, : CUSTODY Defendant/Petitioner IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 30th day of July, 2014, after hearing in the above -captioned matter, IT IS HEREBY ORDERED AND DIRECTED that each party shall submit a proposed schedule suitable to the submitting party and along with it analysis of the 16 factors contained in Section 5328 of the Custody Act. The parties shall submit these materials on or before August 7, 2014. By the Court, Samuel L. Andes, Esquire For the Plaintiff/Respondent -- Jane Adams, Esquire For the Defendant/Petitioner :mtf e.s SUZANNE M. PARKER : IN THE COURT OF COMMON PLEAS OF FORMERLY SUZANNE SMITH : CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH E. SMITH DEFENDANT : NO. 09-8231 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 4th day of September, 2014, after hearing in the matter pursuant to 23 Pa.C.S.A. §5323(d), the Court states the following reasons in support of the custody order issued in this case. 1. The Court finds that both parties are likely to encourage and permit frequent and continuing contact between the child and the other party. 2. Both parties have performed parental duties in a satisfactory and meaningful manner. 3. While the parties have extended family, the role of the extended families has not been a significant factor in regard to the child. 4. Two of Mother's adult children from a previous relationship do have contact with the child and have a good relationship with him. 5. The child is a well -adjusted, mature and intelligent 14 year old who has an excellent academic record. He has expressed a well -reasoned preference for the custody schedule shown in respondent's exhibit no. 1. The Child's counselor, Erica Anderson, confirmed the child's maturity and intelligence and that he had expressed a well -reasoned preference for the custody schedule shown in respondent's exhibit no. 1. 6. Both parties wilt maintain a loving, stable, consistent and nurturing relationship with the child. 7. Mother and Father live in close proximity to each other and the child will remain in his current school district. 8. The level of conflict between these parents is manageable and the Court finds that they will be able to continue to cooperate with one another as required. 9. There are no current drug or alcohol abuse issues with either parent. 10. No party or member of either party's household displays any mental or physical condition which would impact upon the custody or safety of the child. By the Court, 7.r -Samuel Andes, Esquire Attorney for Plaintiff ...Jane Adams, Esquire Attorney for Defendant bas es fiaz t 9 Icf SUZANNE M. PARKER : IN THE COURT OF COMMON PLEAS OF FORMERLY SUZANNE SMITH : CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH E. SMITH DEFENDANT : NO. 09-8231 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 4th day of September, 2014, after hearing in the above matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. LEGAL CUSTODY: Father and Mother shall have shared legal custody of the Child. The parties shall have an equal right to make all major non -emergency decisions affecting the Child's general well-being, including, but not limited to, all decision regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the Child and the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. rn oz) rn zo D> > •fi"" c') CA) 2. PHYSICAL CUSTODY: Physical custody shall be shared between the parents as follows: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Father Mother Father Mother Father Father Father Mother Mother Father Mother Mother Mother Mother Father Mother Father Mother Father Father Father Mother Mother Father Mother Mother Mother Mother In accordance with the above stated schedule, the child will sleep at the Father's home every Wednesday night, every other weekend, and every other Monday night. 3. HOLIDAYS: The holiday custody schedule for the child shall be as mutually agreed upon by the parents. 4. TELEPHONE/TEXT/EMAIL CONTACT: The custodial party shall assure that the non-custodial party has reasonable access to the Child via telephone/text/and/or email. 5. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do nor shall either party permit any third person to do or say anything which may estrange the Child from the other party, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other party. 6. RELOCATION: The parties are advised that neither party shall relocated the child if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation or (b) the Court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 7. MODIFICATION OF ORDER: The parties are free to modify the terms of this Order but both parties must be in agreement to any new terms otherwise this Order shall remain in effect. ✓amuel Andes, Esquire Attorney for Plaintiff • Jane Adams, Esquire Attorney for Defendant By the Court,