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HomeMy WebLinkAbout04-5197JUSTIN C. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. AMBER L. THOMPSON, Defendant CIVIL ACTION - LAW NO. Oef- 5-191 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Justin C. Smith, an adult individual currently residing at 162 Tuckahoe Road, Dillsburg, York County, Pennsylvania. 2. Defendant is Amber L. Thompson, an adult individual currently residing at 112 Laurel Drive, Enola, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Shea Dylan Thompson, born October 28, 2000. 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 ADDRESS DATES Amber L. Thompson 112 Laurel Drive September 2004 to Donald Huckaby Enola PA Present Lori Huckaby Ty Huckaby Nicole Huckaby In an equally shared custody arrangement: Justin C. Smith 162 Tuckahoe Road May 2004 to Dillsburg, PA September 2004 NAME Amber L. Thompson Donald Huckaby Lori Huckaby Ty Huckaby Nicole Huckaby Justin C. Smith Amber L. Thompson Justin C. Smith Amber L. Thompson Amber L. Thompson Donald Huckaby Lori Huckaby Ty Huckaby Nicole Huckaby ADDRESS DATES 112 Laurel Drive May 2004 to Enola, PA September 2004 26 Dogwood Lane October 2003 to Dillsburg, PA May 2004 127 Novara Street October 2001 to New Cumberland, PA October 2003 112 Laurel Drive October 2000 to Enola, PA October 2001 The natural mother of the child is Amber L. Thompson who resides as aforesaid. She is single. The natural father of the child is Justin C. Smith who resides as aforesaid. He is single. 5 6. 7 8 The relationship of the Plaintiff to the child is that of natural father. Plaintiff currently resides alone. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with Donald Huckaby, Lori Huckaby, Ty Huckaby, Nicole Huckaby, and the child. Plaintiff has not participated as a party or witness,, or in any other capacity in other litigation, concerning custody of the child. 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) The parties have been equal caretakers for the child since his birth and that equal arrangement should continue into the future; b) It is in the child's best interest to maintain a close, loving, and involved relationship with both parents; and c) Both parents are equally capable of caring for the child's needs. 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 to schedule Custody Conciliation Conference followed by a hearing at which time she should be granted primary physical custody of the child. Respectfully submitted, Esquire GRIFFIE"& ASSOCIATES 200 North Hanover Street Carlisle, PA 170113 (717) 243-5551 (800) 347-5552 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: /O /3 OLI N IN C. SMITH, Plaintiff U ?? \`? lV ?? ?? ?, h, ,- c > C.`:? ?. ?? Cii _.n 1 J G.) C: (j Tl 'If_ f 'f?: . f' l ? f f:.. 1 a ".' ) ff i JUSTIN C. SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5197 CIVIL ACTION LAW AMBER L. THOMPSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 20, 2004 , 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, :November 12, 2004 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and 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/ HuberrX. Gilroy, Esq. mhc 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 (2r? 6V ha- Oe-- al t r . JUSTIN C. SMITH, Plaintiff/Petitioner V. AMBER L. THOMPSON, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. v `I" s 1 97 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P.1915.13 AND NOW, comes Petitioner, Justin C. Smith, by and through his counsel, Bradley L. Griffie, Esquire, and Petitions the Court as follows: 1. Your Petitioner, Justin C. Smith, is the above-named Plaintiff, an adult individual currently residing at 162 Tuckahoe Road, Dillsburg, York County, Pennsylvania. 2. Your Respondent, Amber L. Thompson, is the above-named Defendant, an adult individual currently residing at 112 Laurel Drive, Enola, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, Shea Dylan Thompson, born October 28, 2000. 4. Petitioner has filed a Complaint for Custody which is being processed and will cause a conciliation conference to be scheduled in this matter. 5. The parties had primarily resided together since the time of the child's birth until approximately five (5) months after and have been equal caretakers of the child since the child's birth. 6. The parties, in May 2004 and since that time, had developed a working relationship with respect to custody of the child where the parties share custody on an alternating week basis, exchanging custody every Friday evening. 7. The parties had previously been employed by the same employer with similar weekday daylight work hours and had been using the same childcare provider during the parties' work hours. 8. In July 2004, Respondent terminated her employment to initiate some type of in- home employment. 9. Beginning in September 2004, Respondent has refused to allow Petitioner to maintain the week-on, week-off arrangement for physical custody of the child and has demanded that the child be returned after weekends such that Petitioner has only had the child on an alternating weekend basis for several weeks. 10. Father has a close and loving relationship with his son. 11. The parties have illustrated through their prior agreement, and the status quo they developed on their own without Court intervention, that it is appropriate for the child to be in the shared physical custody of the parties. 12. While there is no Order in effect with respect to custody of the child, Petitioner does not wish to have a confrontational situation develop where the parties are taking the child from each other and, therefore, is requesting. Court intervention pending the conciliation conference and further proceedings in this matter. 13. Petitioner requests your Honorable Court to enter a temporary Order providing the parties to have shared physical custody and thereby maintain the status quo that was developed following their separation in May 2004. 14. To allow the case to proceed without an Order in effect until the conciliation conference will create a situation where there will be constant conflicts between the parties relative to custody of the child, placing the child directly in the conflict between the parties. 15. A copy of this Petition and a copy of the Complaint f'or Custody have been forwarded to Respondent to advise her of the time and place of filing of the Petition so that she or her counsel may be present or available to assert their position regarding the Petition. WHEREFORE, Petitioner requests your Honorable Court to enter a temporary Order providing the parties with shared physical custody of the child pending further Order of Court or agreement of the parties. 1 D `1 104 ;7551? Da e ke GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA, 17013 (717) 243-5551 (800) 347-5552 Respectfully submitted, e , E squire lainti /Petitioner r 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: 10 / 3 0 . e`-; 9LMWL NS C. SMITH:, Plaintih/Petitioner JUSTIN C. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. AMBER L. THOMPSON, Defendant CIVIL ACTION - LAW NO. IN CUSTODY CIVIL TERM CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the day of October, 2004, cause a copy of Plaintiffs Petition for Special Relief to be served upon Defendant by first class mail, postage prepaid at the following addresses: DATE: Amber L. Thompson 112 Laurel Drive Enola, PA 17025 G iffie, Esquire t orney for PlaintiiffPetitioner GRIFFIE &; ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5:552 r t3 r-, a i n V N v L. JUSTIN C. SMITH, Plaintiff/Petitioner V. AMBER L. THOMPSON, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O 4 - n 97 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of 2004, upon presentation and D Ea, ED. 77-'- ? consideration of the within Petition for Special Relief, IT IS ND 4,Iwdl be o m4csse? of a Coac.iLic?? i o Selad. (e(f Fee, tA)OV OL P 694 06 ')uo4 T --- ate every lpny Pmding fat 62011 n espon en to s , if a w y e pn ou ained. u on ant. By Court, ?Oq/ r12CEdCQA? ?? 0-t Copy JUSTIN C. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW AMBER L. THOMPSON, NO. 04-5197 CIVIL TERM Defendant IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this day of November, 2004, comes Bradley L. Griffie, Esquire, counsel of record for Plaintiff, Justin C. Smith, and states that a true and attested copy of a Complaint for Custody and resulting Conciliation Order, was sent to Defendant, Amber L. Thompson, at 112 Laurel Drive, Enola, PA 17025, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on November 1, 2004. GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribeo to before me this 3 1:5- day of J1 nj,-, A , 2004 NOTARY PWLIC NOTANIAt s?A? CARi? CUNMBE?R?p pU? r COMMISSION IXPIRES APRIL 17 200; M Er 777 CO Postage $ p Certified Fee Z 3v Er Return Receipt Fee (Endorsement Required) ?0'7 ostF ,kj -lere ! e Ca C3 C3 C3 Restricted Delivery Fee (Endorsement Required) 3. s-b C3 Total Postage & Fees $ ru t To o -• ?? ? ? Street, Apt. No.: -- -----•- -- ------------------ or PO Box No.--? 1 2 ? ------------•-- - ? } Gty State ZIP+4 - ------------------- M + t; . Noft *Ir RMtrtbpl?e! Y . R 1Mi?t Y?+r +:m?i cMr ?. . Mli'll? ?tese?rt ?la.t?nd fil;? yott," v **Wh ? *Wd'b the Walk ofthe ??an itu liant ?:. ?, . ? rr hR1i10id ? .lie ? ern i? - 1?s dMhM r d trMplw: 13 No r} ? c? ??_ ?? -?? 1' ? r - °?, ? m ? C7 f? .f" `:L7 -?:: ? JUSTIN C. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v AMBER L. THOMPSON, Defendant : CIVIL ACTION - LAW : NO. 04-5197 : IN CUSTODY COURT ORDER )5'eumis I AND NOW, this ?day of l, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No.,.T- of the Cumberland County Courthouse on the /Q day of l/fbNLU42,y , 20QSat /-' •' 00 ?4.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. The Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further order of this Court, the following temporary custody order is entered: a. The father, Justin C. Smith, and the mother, Amber L. Thompson, shall enjoy shared legal and shared physical custody of Shae Dylan Thompson, born October 28, 2000. b. Physical custody shall be shared equally between the parties on a week on/week off basis. Unless agreed otherwise by the parties, exchange of custody shall be 5:00 p.m. on Friday evening. C. For Thanksgiving of 2004, father shall have custody of the minor child from Wednesday evening at 6:00 p.m. until Thursday at 6:00 p.m. d. For the Christmas holiday of 2004, custody shall be handled so that mother has custody from noon on Christmas Eve through 1:00 p.m. on Christmas day. Father shall have custody from 1:00 p.m. on Christmas day through 1:00 p.m. on December 2e. Otherwise, the week on/week off schedule shall apply. Judge Cc: VJWradley L. Griffie, Esquire ,,,,Zdward L. Crow, Esquire JUSTIN C. SMITH, Plaintiff v AMBER L. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5197 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children/child who are the subject of this litigation is as follows: Shea Dylan Thompson, born October 28, 2000. 2. A Conciliation Conference was held on November 12, 2004, with the following individuals in attendance: Father, Justin C. Smith with his counsel, Bradley L. Griffie and the mother Amber L. Thompson, with her counsel, Edward L. Crow. 3. The parties have been separated since approximately May. At the separation, it is generally agreed that the parties share custody of the minor child on a week on/week off basis. Circumstances then changed at which time mother started limiting father to every other weekend. However, after that point father still took care of the child for at least one full week while mother was vacationing. Father is seeking a shared legal custody arrangement with physical custody being handled on a week on/week off basis. Mother is seeking primary physical custody and is suggesting that father's periods of physical custody should be limited to alternating weekends and other times. The parties are unable to reach an agreement and a hearing is required. 4. The Conciliator recommends an order in the form as attached. o/itILLo DATE al) Hubert X. Gil (coy, Esquire Custody Co iliator 01/06/2005 16:19 0000000000 JUSTIN C. SMPTIII, Plaintiff EDWARD L CROW ESQ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNW, PENNSYLVANIA No. 04-3-197 v x, AMBER, THOMPSON, Defendant, CIVIL ACTION . In Custody ORDER PAGE _ ©3 AND NOW, tba owner ooh befvice the Court on the Motion For .and the Court being wiry im?d of the facts said citcuaattances, IT IS HEREBY ORDERED, ADJUDGED and DECREED, the this owner is hereby continued generally by agmenr m of the puties, and that either poly is able to bring this matter back before the Court if they so choose. IT IS SO ORDERED. o.%f1AV ccl9lGl 7 o?Cb.? EDWARD E. GUM, Judge C' C IV 1A 0?-05 0? ifllnr i 300, 01/06/2005 16:19 0000000000 JUSTIN C _ SD UTK Pwnw vs. AMBER THOMPSON, Defc dart, EDWARD L CROW ESQ } ) IN TJUE CD`URT OF COMMON PLEAS.OF CUMBERLAND COUNTY, PENNSYLVANIA. No. 04-5197 CIVIL ACTION - In Custody NOW COMES, the Defendant, AMBER THOWSON, by sad through her counsel, EDWARD I,. CROW, ESQUIRE, and files this Motion For Contiawmee and in &Vport thereof states as follows: i, Since the time of the conciliation confemice, on November 12, 2004, the Defendant has indicated that she wants to drop the action. 2. At this time, counsel for Plaintiff and Defendant have algreed to continue this matter ge:nemlly. %V11MFORE, Defendant repectfiilly requests this Honorable Court to enter an Order stating that this matter be continued generally. Respectfully subzmtted, EDWARD L. CROW, ESQUIRE PO Box 7479 York, PA 17404 (717)452-M3 S. Ct. I.D. No. 51199. PAGE 02 01/0612005 16:19 0000000000 EDWARD L CROW ESQ PAGE 01 TIM LAW OFFICE OF EDWARD L. CROW P.O. BOX 7479 YORK, PA 174,04 (717) 852-8823 FAX COVER SHEET DATE: January 6, 2005 TO, The Hano able FAwu* E. Guido Judge of the Court of Common Pleas of Cmmberdand- Coa nty Carlisle, PA TOTAL # OF PAGES -3- (inc 0- - wh+e I sheet) COMMENTS- This is thrra-ues fox mfinimce in the matter of -19ra" v. Th__ro9nn sett. bn=M 1Q- 2M at lAft uE If tb= am- now nothalitaft to sue. The infornugion contained in this facsimile transmission is attorney private and confidential Wormation intended only for the use of the above-named addressee. if the reader is not the intended recipient, you are hereby notified that say disse?nmion, distribution or copy of this facsimile is strictly prohibited. If you have received this branaaas um in error, pkase notify us immediately by telephone and return the origOtsl womage to us at the address noted at the top of this page. Your cooperation is greatly appreciated. ANY QUESTIONS PLEASE CALLA (717) 852-8823 JUSTIN C. SMITH, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA AMBER L. THOMPSON, Defendant CIVIL ACTION - LAW NO. 04-5197 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Justin C. Smith, by and through his legal counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates petitions the Court as follows: 1. Your Petitioner is the above-named Plaintiff, Justin C. Smith, an adult individual currently residing at 162 Tuckahoe Road, Dillsburg, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Amber L. Thompson, an adult individual currently residing at 4173 Gross Court # 106, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one Child, namely Shea Dylan Thompson, born October 28, 2000. 4. Pursuant to the prior custody action initiated by the Petitioner, an Order of Court dated December 7, 2004 was entered providing for the terms of a temporary Custody Order between the parties, a copy of said Order being attached hereto and incorporated herein by reference as Exhibit "A." 5. The hearing scheduled pursuant to the Order that was originally set for January 10, 2005 was continued generally as the parties had reached an agreement to abide by the shared physical and legal custody terms set forth in the aforesaid Order of December 7, 2004. 6. No action has been initiated to modify the Order, or to take the matter to trial since that time. 7. At the time of the entry of the prior Order, the child, who was in the shared custody of the parties, was residing with Petitioner at Petitioner's address set forth above and with Respondent and her family at their address of 112 Laurel Drive, Enola, Cumberland County, Pennsylvania. 8. While the child continued to reside with Petitioner at his address, Respondent moved to another address at East Allen Street, Mechanicsburg, Cumberland County, Pennsylvania, for the period from approximately November 2005 to July 2006. 9. While the child continued to reside with Petitioner at his current address during his periods of shared custody, Mother moved in July 2006 from her prior address to her current address, which, likewise, is in Cumberland County., Pennsylvania. 10. Petitioner resides with his wife, Kayla Smith, at the aforementioned current address, along with the child. 11. Respondent resides at the aforementioned address with her boyfriend, Ryan Orbanack and the child. 12. There have been substantial and numerous changes in the parties' circumstances which cause it to be in the child's best interest to be placed in the primary physical custody of Petitioner at this time, 13. Petitioner has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 14. Petitioner 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, Petitioner requests your Honorable Court to enter an Order providing of primary physical custody of the child. Respectfully submitted, 2 VU Yffie, Esquire 0#411 for Petitioner/Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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 unsworn falsifications to authorities. DATE: JU C. SMITH Petitioner/Plaintiff JUSTIN C. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW AMBER L. THOMPSON, NO. 04-5197 Defendant IN CUSTODY COURT ORDER ?)4urolvz AND NOW, this 7-Mday of , 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as toiiows: 1. A hearing is scheduled in Courtroom No.,, T of the Cumberland County . Courthouse on the/Q day of VAzVUAo&y_ , 2005at •'GO 1 m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. The Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further order of this Court, the following temporary custody order is entered: a. The father, Justin C. Smith, and the mother, Amber L. Thompson, shall enjoy shared legal and shared physical custody c,,f Shae Dylan Thompson, born October 28, 2000. b. Physical custody shall be shared equally between the parties on. a week on/week off basis. Unless agreed otherwise by the parties, exchange of custody shall be 5:00 p.m. on Friday evening. C. For Thanksgiving of 2004, father shall have custody of the minor child from Wednesday evening at 6:00 p.m. until Thursday at 6:00 P.M. EXHIBIT r d. For the Christmas holiday of 2004, custody shall be handled so that mother has custody from noon on Christmas Eve through 1:00 p.m. on Christmas day. Father shall have custody from 1:00 p.m. on Christmas day through 1:Oh p.m. on December 26't'. Otherwise, the week on/week off schedule shall apply. Judge Cc: Bradley L. Griffie, Esquire Edward L. Crow, Esquire TRUE CO'i'RY FROM RE-COK'D In Testimony A r of, I Rare unto s-t my hand 8 t?;a SO Ot` Sa ?ourt a Pal. `^? Ctv JUSTIN C. SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5197 CIVIL ACTION LAW AMBER L. THOMPSON DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 08, 2007 _, 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, March 23, 2007 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and 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 Irv _ ,?;-dry apl?.i `n d fjj? S Z -04 V V ?i 1001 JUN 0120077 4j s_ .- JUSTIN C. SMITH, Plaintiff V. AMBER L. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5197 CIVIL ACTION - LAW IN CUSTODY COURT ORDER AND NOW, this day of June, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is schedulgd in Courtroo No. 5 of the Cumberland County Courthouse on the IgM day of ' 2007, at 40 Y.m. At this hearing, Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel, a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order ;;; this Court's prior Order of December 7, 2004, shall reT, . Griffe, E cc: 7essica dley L Holst, Esquir, Edward E. Guido, Judge D? ? ? old - ' LUZ A?? 4 ; ;1-L 30 t JUSTIN C. SMITH, Plaintiff V. AMBER L. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5197 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL 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 litigation is as follows: Shae Dylan Thompson, born October 28, 2000. 2. A Conciliation Conference was held on May 31, 2007, with the following individuals in attendance: The Father, Justin C. Smith, with his counsel, Bradley L. Griffie, Esquire, and the Mother, Amber L. Thompson, with her counsel, Jessica Holst, Esquire. 3. The parties have been working under a Custody Order from December 7, 2004, whereby custody has been arranged one week on/one week off between the Mother and Father. Father now suggests that for a variety of reasons, he should be the primary custodian of the minor child. Mother disagrees, and a hearing is necessary. 4. The Conciliator recommends an Order in tM form as attached. Date: June 5, 2007 HulWrt X. Gi oy, Esquire Custody Co ciliator JUSTIN C. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW AMBER L. THOMPSON, NO. 04-5197 CIVIL TERM Defendant IN CUSTODY PETITION FOR CONTINUANCE AND NOW, comes Petitioner, Bradley L. Griffie, Esquire and petitions the Court as follows: 1. Your Petitioner is counsel of record for the above named Plaintiff, Justin C. Smith. 2. Plaintiff has filed a Petition for Modification of Custody, and for which a hearing has been scheduled for August 6, 2007 at 1:00 p.m. 3. Petitioner will be on vacation and out of the state during that week and unavailable to attend the hearing. 4. Due to Petitioner's absence, a continuance is necessary. 5. Petitioner has sought and secured consent of opposing counsel, Jessica Holst, Esqurie relative to this continuance. WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing for August 6, 2007 to a later date. Respectfully submitted, riffle, Esquire rorZnr Plaintiff anover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 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 unsworn falsifications to authorities. DATE: y . Griffie, Esquire JUSTIN C. SMITH, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMBER L. THOMPSON, Defendant NO. 04-5197 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the ZD day of June, 2007, cause a copy of Plaintiff's Petition for Continuance to be served upon Defendant by serving her attorney of record, Jessica C.D. Holst, Esquire, by first-class mail, postage prepaid at the following addresses: Jessica C.D. Holst, Esquire 401 East Louther Street Suite 103 Carlisle, PA 17013 DATE: L k677 6Keyfor,%tin Esquire iff 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 t7 ? G ?=' ? ? ? ??' ? ?? . .,,r% Y to r, t ? C ? f =i . C_ N ?f ??j I V ?/ ""'? ? r 4 91 JUN E 8 2007 y'f JUSTIN C. SMITH, V. Plaintiff AMBER L. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5197 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this a ?p 104 day of June, 2007, upon presentation and consideration of the within Petition for Continuance, the hearing previously scheduled in this matter for August 6, 2007 at 1:00 p.m. in Courtroom number 5 of the Cumberland County Courthouse is hereby continued and will be held on the day of , 20071:36 , at o'clockip V m. in Courtroom number y of the Cumberland County Courthouse. All other provisions of our prior Orders shall remain in effect. Edward E. Guido Cc: Bradley L. Griffie, Esquire Attorney for Plaintiff Jessica C.D. Hoist, Esquire Attorney for Defendant Judge VlNVAIAq.Nkl d ZZ .? d 9Z Nnf IOOI A8ViQN-O ii0W 3A J0 3OH3 MH . JUSTIN C. SMITH, Plaintiff V. AMBER L. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5197 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of August 2007, upon confirmation that the Petitioner, Justin C. Smith has withdrawn his Petition for Modification with the concurrence of the opposing party and her counsel, the Order previously entered in this matter scheduling a hearing for is canceled Thursday, August 30, 2007 at 1:30 p.m. is hereby vacated, and the hearing is cancelled. BY T T, Edward E. Guido, Judge Cc: Bradley L. Griffie, Esquire Attorney for Plaintiff 91, 3f-6 9 Grace E. D'alo, Esquire Attorney for Defendant no 6C 'Z Wd OE 911V t0O1 .b JUSTIN C. SMITH, Plaintiff V. AMBER L. THOMPSON, Defendant To Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5197 CIVIL TERM IN CUSTODY PRAECIPE Please withdraw the Petition for Modification of Custody filed by Plaintiff, Justin C. Smith., in the above captioned matter, with the concurrence of Defendant, Amber L. Thompson and her counsel, MidPenn Legal Services. Date: 421 1/ b ffie, Esquire orne for Plaintiff GRI IE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552