Loading...
HomeMy WebLinkAbout02-1451 JUDITH M. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- f/)"/ CIVIL ACTION - LAW v SCOTT ALAN SMALL, Defendant IN DIVORCE COMPLAINT Plaintiff, Judith M. Small, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Judith M. Small, is an adult individual residing at 705 Wilson Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendant, Scott Alan Small, is an adult individual residing at P.O. Box 573, Snowshoe, WV 26209. 3 The parties were married on May 20, 1989 in Pittsburgh, Pennsylvania. 4 Plaintiff has lived continuously in the Commonwealth of Pennsylvania and Cumberland County for at least six months prior to the commencement of this action. 5 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. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. BROUJOS & GILROY, P.c. .~(tf By Hubert X. Gilroy, Esq Attorney for Plainti Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, P A 17013 (717) 243-4574 Supreme Court ID No. 29943 I verify that the statements in the foregoing pleading 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. ~.---~ ~/ / <----- 0/ /~'f/ .. // / ~,,/' I ,/ . , ."" f JUDITH M. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02- f,(SJCIVIL ACTION - LAW SCOTT ALAN SMALL, Defendant : IN DIVORCE 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 717-249-3166 "'-..... ~~ ~ ~ ......... 00 ).J - ~ w VJ ~ '-.) vJ ~ (N ~ ~ ~U) o . o ~ ~~ ~ ~. So ~ ~ () 0 () ~~ ;"", ~, ; -.,.". ,1 (l : ....t... rn , "':'0 Z -'.:-0' I. "''' ~) ( , -' r-:; ~" J.:'~ t"', "-,.,,, (. ~_:~. )> C~ i'') ..'::"- ''V -'-1 -< .r.- .1.' JUDITH M. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02 -1451 CIVIL ACTION - LAW SCOTT ALAN SMALL, Defendant : IN DIVORCE : IN CUSTODY PRAECIPE To the Prothonotary: Please reinstate the Divorce Complaint filed in the above referenced matter. Respectfully submitted, Hubert X. G' oy, Esquire Attorney ti Plaintiff Broujos Gilroy, P.c. 4 Nort Hanover Street Carlisle, P A 17013 (717) 243-4574 Supreme Court ID No. 29943 () c =- -oeJ mfn ~~;" G0L -<.' r:: c:; '- )......C'; Z ~'-~ >~ % =<! o N r) ~1 ~. -;::;.. X~ ..< ~..) t" ._..1 'Ti :r:: 'or- ITI SJ (-:-., 'i ;Ej ;~~h~ .::::; "'1:..... ::0 -< ~: o r.:- (J! BROUJOS & GILROY, P.e. ArrORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 717-243-4574 766-1690 JUDITH M. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02 - 1451 CIVIL ACTION - LAW SCOTT ALAN SMALL, Defendant : IN DIVORCE : IN CUSTODY ACCEPTANCE OF SERVICE I, Scott Alan Small, hereby acknowledge receipt of the Divorce Complaint filed in the above matter which Complaint included the Notice to Defend and Claim Rights. Service of the Divorce Complaint on me was accomplished on May 10 ,2002. ,. Date: ')':>0. C) 7 _ ~II ~ --'" ...,.,- -- () S ~.~M -00 rnr: ;!: :"]." 7'f" ~~.' r..-\_.. :;; '. ...,.c. ~C) ~c: ~ =< r....) " .r:- "i'J J:.- ., (~~':~ ....,.-~ --'(:) :""-<. JUDITH M. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02 - 1451 CIVIL ACTION - LAW SCOTT ALAN SMALL, Defendant : IN DIVORCE : IN CUSTODY STIPULATION The above parties hereby stipulate that the Court may approve the foregoing Court Order " and enter it as a Court Order with respect to custody dealing with their minor children. Date: (p, <t. 0"2- Sc Date: t . ~. 0 7 ,~JC . Small ," JUDITH M. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02 - 1451 CIVIL ACTION - LAW \ SCOTT ALAN SMALL, Defendant : IN DIVORCE : IN CUSTODY CUSTODY ORDER AND 1ll0W this ~ay of J v I'-<....- , 2002, up,n consideration of the attached Stipulation signed by both parties, it is ordered and directed as follows: 1. The Mother, Judith M. Small, and the Father, Scott Alan Small, shall enjoy shared legal custody of Dylan M. Small, born November 22, 1988 and Roman C. Small, born September 29, 1992. 2. Mother shall enjoy primary physical custody of the minor children. 3. For the Summer of 2002, custody shall be handled as follows: A. Father shall enjoy physical custody from June 8, 2002 through August 24, 2002. B. Mother shall be entitled to enjoy custody with the minor children during the summer if Father needs to travel for work and Father is not at home with the children over night. C. Mother shall also enjoy at least one week of eustody with the minor children during the summer months for Mot~er's vacation with the minor children. This will not interfere tith Father's planned vacation which will take place the week of iJuly 4th. Mother will notify Father by June 8th with respect to wheri she intends to exercise her one-week of vacation with the minor childt-en. 4. During the school year starting in September 2002, ~ustody of the children shall be with the Mother pursuant to her primary ,hysical custody status. Father shall enjoy physical custody with the minor children during the school year as follows: A. On long weekends when the children have Friday or Monday off school. Mother shall notify Father with respect to their school schedule. 5. Holidays shall be handled as follows: A. Father shall have physical custody of the minor children on Thanksgiving 2002 with the parties alternating thereafter such that Mother has custody on Thanksgiving 2003. B. For Christmas 2002, Mother shall enjoy cu~tody with the minor children from the day the children are rele~sed from school until December 26th at Noon. Father shall have qustody from Noon on December 26th until New Year's Day. This schedule shall be alternated in future years with the Father having the first se~ment from the day after school is released un~i1 December 26t for Christmas 2003 and Mother shall have th~ second segment for Christmas 2003. " C. Father shall have custody of the mhlor child~en on Easter of 2003, with the parties alternating custody thereafter. 6. Both parties shall enjoy reasonable telephone co~tact with the minor children when the children are in the custody of .he other parent. Both parents shall keep the other parent advised with respect to phone numbers and locations with respect to where they will be wit~ the minor children in the event they are not at their home. 7. The parties may modify this Order as they agree. In .he event the parties are unable to reach an agreement, the terms of this order Ishall control. 8. The parties shall continue to negotiate with respect to how custody shall be handled for the summer of 2003 subject to the iresults of the custody arrangement agreed upon for the summer of 2002 ~nd subject to Father's availability. I 9. Transportation for exchange of custody shall be handled with the parties sharing transportation whereby they shall meet at a ihalf way point between Mother and Father's home for exchange of custody unless agreed otherwise between the parties. 10. Both parents shall ensure that they have appropriate daycare for the children when the children are in their custody. Additionally, each parent shall keep the other parent advised with respect to the names and phone numbers of any daycare providers. cc: hubert X. Gilroy, Esquire 'Scott A. Small c/o UPS-Discovery Center 1 Snowshoe Drive Snowshoe, WV 26209 ,J. >c.~ &-/7-0 ~ f\t.t:D'''''J?r~~t. ,...,r-- "t" tf" ","'['\Tl \r\l. !r'"r"AQV Ur- ;t'j.-. :.::",',,,,1 't'il,)i"i\.Jit\rll 02 JUl~ \ 1 ~~, \0: \ 5 CUM8EFLAND cOUNT\' PENNSYLVANiA '~ JUDITH M. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : 02-1451 CIVIL TERM SCOTT ALAN SMALL, Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE l. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on March 25, 2002 and reinstated on May 24, 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about May 30, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: j, 7, 0 3> "'-.) 1:- ( ;) JUDITH M. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : 02 -1451 CIVIL TERM SCOTT ALAN SMALL, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on March 25, 2002 and reinstated on May 24, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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. Da~~/'~3IV C//-~~/ ~h M. Small, Pia; .- . / (') ~ "t1 iX. mn; Z:x :zr:: Cf)~,:, -; .:;- ~C ~C t;::"C '-'-'C ~ C'.. W J::!>o -U ::0 f',:J (J. o ,'I 1:: ,'. ,I fTl . .~:,~ t~ :;C) -:~~~ '-:- rn ~-) '-I ~~ JJ -< ~ 25 ::-J ......, JUDITH D. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02 - 1451 CIVIL SCOTT ALAN SMALL, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy ofthe Complaint and Notice to Plea filed in the above referenced matter was served on Defendant Scott Alan Small, by First Class mail on May 30, 2002. A copy of the Acceptance of Service is attached hereto and marked Exhibit A. ?!rf/{ u "7 DATE He!..~, F..ow, Attorney for Plaintiff Broujos & Gilroy, P.c. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 Sworn and subscribed before me this ~ day of J~1 ,2003 , N4;,,"f.~tcL.^- & uJ ~ r Bridget Ann Corcoran, Notary Public I Carli,le BO:::::..d County My Conunission Expires June 10, 2006 Member, PennsylvaniaAssociationolNo1artes JUDITH M. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 02 - 1451 CIVIL ACTION - LAW SCOTT ALAN SMALL, Defendant : IN DIVORCE : IN CUSTODY ACCEPTANCE OF SERVICE I, Scq,tt Alan Small, hereby acknowledge receipt of the Divorce Complaint filed in the above matter which Complaint included the Notice to Defend and Claim Rights. Service of the Divorce Complaint on me was accomplished on May '30 , 2002. ,... Date: '). ~0. CJ7 _ c. F -ni" r,il ::-:::"J C) ~".) ",-) JUDITH D. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02 - 1451 CIVIL SCOTT ALAN SMALL, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section (X )3301(c) ()3301(d)(I) of the Divorce Code. (Check applicable section.) 2. Date and manner of sen'ice of the Complaint: By First Class Mail on May 30, 2002. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: April 23, 2003; Defendant: April 7, 2003. (b) (I) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code:_; (2) Date ofsen'ice ofthe Plaintiffs affidavit upon the Defendant:_. 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of sen'ice of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: April 25, 2003. (c) Date Defendant's Waiver of Notice in ~3302(c) Divorce was filed with the Prothonotary: April 23, 2003. {/)t-- Hubert X. G' roy, Esquire Attorney ~ Plaintiff Broujos & Gilroy, PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 o !~ :-::. vi'; ~;; C'? r::::; :.:> ~- . ~J C~ L~ r--::: Q " ~"') . . . . .., , , . . .. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . STATE OF PENNA. . . . JUDITH D. SMALL PLAINTIFF No. 02-1451 VERSUS SCOTT ALAN SMALL . . DEFENDANT . . DECREE IN DIVORCE . AND NOW, 'j~I" .%7:370..#1. ~3 , IT IS ORDERED AND . JUDITH D. SMALL PLAINTIFF, DECREED THAT . . SCOTT ALAN SMALL , DEFENDANT, AND . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . ,J (>~ ~ . . AmST~~! J. PROTHONOTARY . .. , . , . , , . . , , , . , , , . . , , . . . , . , . , . . . , , , , . , . , . . , , .' /7' 2': ~ r~1t; [V"WL ~ r ~ ~-,,'" ~ /'P g/ o//.L. . . JUDITH M. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v : NO. 2002 -1451 SCOTT M. SMALL, Defendant PETITION TO MODIFY DIVORCE DECREE Petitioner, Judith M. Small, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 The Divorce Decree entered in the above matter indicated the Plaintiff as "Judith D. Small" when, in fact, the Plaintiff is "Judith M. Small" and the correct name has been used throughout the pleadings in this case. A copy of the Divorce Decree is attached hereto and marked Exhibit "A". 2 Petitioner requests your honorable court to merely issue an amended Divorce Decree to address this issue. 3 Petitioner needs an amended decree in divorce in order to obtain necessary passport documentation. WHEREFORE, Petitioner requests your Honorable Court to issue an amended Divorce Decree in the form as attached to this Petition. Respectfully submitted, {/)IKJ Hubert X. Gilro . Esquire Attorney for P intiff Broujos & roy, P.c. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court In No. 29943 . . .. . ;f.+.:++.:+:0++. :f.'li ""+. Of. Of"" . . . . Of; :+:+. ++.+.+.O+; +. +. :t:+.+.+.:+:+:+. . IN "THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JUDITH D. SMALL . . . . No. 02 - 1451 PLAINTIFF . VERSUS SCOTT ALAN SMALL . DEFENDANT DECREE IN DIVORCE 07:37 AM . AND NOW, July 16 ,2003 , IT IS ORDERED AND . DECREED THAT JUDITH D. SMALL PLAI NTI FF. . SCOTT ALAN SMALL . AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . None . '" +. +. +. +. + +. By THE COURT: Edward E. Guido . ATTEST: J. ~~~~i1'P'O'"O"O'A" Certified Copy Issued: July 16, 2003 EXHIBIT All . . . . .. .+.:Ii. +. .+. +++ +. +. 'to.. +' . .. . +' . +' +. +. +. +. Of' l i ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~~'] ~ ..' "" c;:~ <;;:;.") L...> r:.:, r1.... C') C) -'n --,I -~ nl:n ,- !']rTl :ncr} ~~(".J :r.:: ~r- 7:-..,:."; . (:OJ \',~, fT, ~~:', ~',-": C --.J G,' C.: u DEe f 8 Z003 L JUDITH M. SMALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLANO COUNTY, PENNSYL VANIA v : NO. 2002 -1451 SCOTT M. SMALL, Defendant DECREE IN DIVORCE ~ AND NOW, this ~ day of December, 2003, upon consideration of the attached Petition, the Divorce Decree issued in the above matter dated July 16, 2003 is hereby ratified and affirmed, subject to the correction of the Plaintifrs name. The Plaintifrs name should read Judith M. Small. In all other respects, the Decree in Divorce issued in Divorce on July 16,2003 shall remain in effect. cc: Hubert X. Gilroy, Esquire ~ ~ I;;' .;;',;1.03 /} Lr-- I . V1NVA1ASNN3d AJ.Nn08 QI)\f)i:FJ8~nO B I :9 HV 22 330 tOOZ AlNlONOHlOl:Jd 3H1 :10 381:H0-031I:l Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg. PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH M. SMALL Plaintiff v. NO. 02-1451 Civil Term SCOTT A. SMALL Defendant CIVIL ACTION - CUSTODY DEFENDANT'S PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The petition of Defendant Scott A. Small {"Father"} respectfully represents that on June 17, 2002 an Order of Court was entered for custody_ A copy of the order is attached as Exhibit 1. 2. This Order should be modified because: a. The parties' younger son, Roman C. Small (dob: 09/29/92), wants to reside with his father. b. Roman's social, emotional, developmental and psychological needs will be served by transferring primary physical custody to Father. Wherefore, Defendant requests that the Court modify the order because it will be in the best interest of the child. L~6wtc!ltdt- Theresa Barrett Male. Esquire Supreme Court #46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233.-3220 Counsel for Defendant Date: September '- ,2005 2 .JUDITH M. SMALL, I'laintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. Q1-1451 CIVIL ACTION . LAW SCOTT ALAN SMALL, Defendant : IN DIVORCE : IN CUSTODY CUSTOIlY ORDER ~,JI\ ANI) /liIOW thi~ i r day of J v H.. '. 2002, UpOIi consideration of the a(("ched Stipulation signed by both p~'rties, it is ordered and directed as follows: 1. The Mother, Judith M. Small, and the Father, Scott Alan Small, shall enjoy shared legal custody of Dylan M. Small, born November 22,1988 and Roman C. Small, born September 19, 1992. Z. Mother shall enjoy primary physic~\1 custody of the minor children. 3. For the Summer of 2002, custody sh<lll be handled liS follows: A. F<lther shall enjoy Ilhysical custody frolD June 8, 200! through August 24, 2002. B. Mother shall be en tilled to enjoy custody with the minor children during the summer if Fat'hcr needs to travel for work and Father is not l\t home with the chil<lrcn over night. C. Mother shllll also enjoy <It least one week of custody with the minor children during-the summer months for Mother's vacation with rite minor children. This will not interfere with Father's planned vacation which will take place the week of July 4'h. Mother will notify Father by June g'h with re~ped to when she intends to exercise her one-week of vacation with the minor ehiJdren. 4. During the school ye<lr starting in September 2002, custody of the children shall be with the Mother pursuant to her primary physical custody status. Father shall enjoy physical custody with the minor children during the school ycar as follows: .".:...... A. On lon~ weekends whcn the children have Friday or Monday off school. Mother shall notify Father with respect to their school schedule. 5. Holidays shall be handled as follows: A. Father shall have physical custody of the minor children on Thanks:;:iving 2002 with the parties lIlternating therclIfter such that Mother has cllstody on Thanksgivin~ 2003. n. For Christmas 2002, Mother shall enjoy eusfody with the minor children from the day the children arc released from school until December 26'" at Noon. Father shall have custody from No<ln on December 26'h until New Year's ')ay. This schedule shall be alternated in future years with the Father havinA lhe first se~ment from the day after school is relel.sed until December 26'h for Christmas 2003 3'ld Mother shall have the second segment for Christmas 2003. C. I,'ather sh;dl have custody of Ihe minor children 011 Easter I>f 2003. with the parties alternating custody then,\llfter. 6. Both pllrtics shall enjoy reasonable IcleplH)I\C contact with l'he minor childrcn when the children lire in lhe custody of the other parent. Both parents shall keep Ihe olher parent :Idvised with respect 10 phone numbers and locations with respect to where they will be with lhe minor children in the event they arc not at their home. 7, The parties may modify this O,'der lIS they a~ree. In Ihe evcnt the parties arc unable to reach an agreement, the terms ofthis order shall control. S. The parties shall continue to negotiate with res\>eet to how custody shall be hlllldled for lite summer of 2003 subject to the results of the custody arrangement ll~reed upon fOI' the summer of 2002 and subject to FlIther's l.vailability. 9. Transportation for exchan~e of custody shl.1I be hlllldled with the parties sharing trallsportalion whereby they shall meet lIt a hl\lf way (loint between Mother lllld "'lIther's home for cxchange of custody unless agrcI~d otherwise between the parties. ~ .1:'''.'- _ _.. 10. Both parents shall ensure that they hav.e appropriate dllyeare ror the children when the children arc in their custody. Additionally, each parent shall keep the other parent advised with respect to the names and phone numbers of any daycare providers. , J. cc: Hubert X. Gilroy, Esquire ., Scott A. Small c/o UPS-Discovery Center I Snowshoe Drive Snowshoe, WV 26209 ~!WE CO~y lFRO.M RECO~~ ~lndTOM:monY~V/hcr~Of I here un!.'o ~C'r my hiJod an 0 seal of s~id e';, j '7 <. ~.u at LiJl'i~i_;PJ","""" T oS.....::. . - '}II,h!} ~~ .. ..... . .-\.rl.J.\Jl....< . .!~t'Vt....tI . ."' '. ....u.J.....................;._ .~.., .. '.. 'p~~' onota';" ., _J ' .,- .JUDITH M. SM^1.L, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA \I : NO. 02 -1451 CIVIL ACTION - LAW SCOTT ALAN SMALL, Defendant : IN DIVORCE : IN CUSTODY STIPIJI,ATION The abo"c parties hereby stipulate tbat tbe Court may approve the fore!(oing Court Order ., and enter it as a Court Order with respect to custody dealing with their minor children. Date: (J'~mDL.. Date: i' - <.,.. /' .-'-" , '). (.,/ -, .,,/" t .. ~ ------ ' ,/..../ ., ~.__ _.....-'1._ ....../ I' / \ --"-" -" .. / .d'.,/-t/-, <, ./,V ,~?-.. .- .Ju,~Y M. Small ,/ 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. 13 4904. relating to unsworn falsification to authorities. if' Date: 1 . ~ cO') PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa, R.C.P. 440: Service by first-class mail addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff L~fJ~~ Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Cou nsel for Defenda nt Date: September +, 2005 7CJ ~ -. ~ "'0 ~ -.t::: (':) 1- ~ ~ -() r ~ Vl C> C> () ~ g ~ (') c: :;:::: ""'t.'QJ ~q; 'lj,-' r"- ~., -';~~,? :.r. r''::>Y1 ~:~- ~Cj 5~: ~ g ~ ~ ~-n : i~ 3~ ~ ~~ t..f! 9 ~ -' - JUDITH M. SMALL PLAINTIFF IN THE COuRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-1451 CIVIL ACTION LAW SCOTT ALAN SMALL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 21, 2005 , 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 Stree~echanic,,_,,-\II'g, PA_170~ on _.W".~nesd_ay, October 19, 2005 .._'_ at ..!.O:OO 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 deline 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 pelmanent order. The court hereby directs the parties to furnish any nnd all existing Protection from Ahuse orders. Specinl Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. 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 infonnation 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedl()rd Street Carlisle, pennsylvania 17013 Telephone (717) 249-3 I 66 ~k? ~ ~ ~ ~~..~ ~~ ~t< ~ .$zv.~ ~7V~?? /~ 'r/iN'i/t\l /S'~"',:f~!};?, " J II.~ (',". "r:,"' "..""''/'1118 ,l,,\: k'; .... _. II :S ~1d 22 d3S SODZ .' 'l"""d :JHl -'0 A8VIOi'i0i1 UtJ ~ :J 381:.HO-<B11:l 50 'C(". tJ 5(/. ('0(1 .5'0, Q'" ~ I'lOV 2 3 20115 .,,{I {)'V JUDITH M. SMALL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-1451 CIVIL ACTION LAW SCOTT ALAN SMALL Defendant IN CUSTODY ORDER OF COURT AND NOW, this l&fV' day of ~ ~ , 2005, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1, The parties shall submit themselves, their Child, Roman, and any other individuals deemed necessary by the evaluator to a custody evaluation (shortened format) to be performed by Deborah Salem, CAC, LPC, The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child after discerning the Child's perspective and preferences, if any concerning the custodial situation. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The parties shall schedule and attend all appointments on a timely basis in a good faith effort to complete the evaluation as soon as possible. Initially, the Father shall be responsible to pay all costs of the evaluation without prejudice to his right to request contribution from the Mother through the Court at a later date. 2. Pending completion ofthe custody evaluation and further Order of Court or agreement of the parties, the prior Order of this Court dated June 17,2002 shall continue in effect. Edward E. Guido J. cc: vC.J' 01 J. Lindsay, Esquire - Counsel for Mother vAndrea H. Duffy, Esquire - Counsel for Father E il" "I Jd .'1 ,',",' GZ r. SLJl ~ JUDITH M. SMALL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-1451 CIVIL ACTION LAW SCOTT ALAN SMALL Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Roman C. Small Dylan M. Small September 29,1992 November 22,1988 Mother Mother 2. A custody conciliation conference was held on November 3, 2005, with the following individuals in attendance: The Mother, Judith M, Ferguson (formerly Small), with her counsel, Carol J. Lindsay, Esquire, and the Father, Scott Alan Small, with his counsel, Andrea Duffy, Esquire. 3. The Father filed this Petition to Modify seeking primary physical custody of the parties' younger son, Roman. The Father indicated that his Petition is based on the Child's request for a change in custody. The parties considered several options at the conference and this matter was placed on hold pending further discussions between the parties and counsel concerning those options. Having been advised by counsel as to the parties' selection of one of those options, the conciliator recommends an Order in the form as attached reflecting the parties' agreement. A )dW'.......btA Date I ?, .;>00" . [LA. d'tf Dawn S. Sunday, Esquire Custody Conciliator o Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH M. SMALL Plaintiff v. NO. 02-1451 Civil Term SCOTT ALAN SMALL Defendant CIVIL ACTION - CUSTODY AND NOW, this g~ ORDER OF COURT day of November, 2006, upon review and consideration of the Stipulation for Entry of Custody Order between the parties, it is hereby ORDERED that the Stipulation be adopted as an order of Court. Edward E. Guido, J. Distribution: Carol J. lindsay, Esq., 26 W. High St, Carlisle, PA 17013 ~H " ~ !)..~ 3" O~ Andrea Hudak Duffy, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 ,------ \) s '. \ \ \\:'~ l\(','" cP}::;t ()-* .\)l~ n :.\r/''\ ('> \V In ~v . ... Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH M. SMALL Plaintiff v. NO. 02-1451 CivilTerm SCOTT ALAN SMALL Defendant CIVIL ACTION - CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER The parties agree to request the Court enter an order for custody regarding their children, Dylan M. Small (dob: 11/22/88) and Roman C. Small (dob: 09/29/92) as follows: 1. Legal Custody. The parties will share legal custody of as defined at 23 Pa. C.S.A. S 5302. They jointly will make major decisions concerning the children, including but not limited to their health, welfare, education, religious training and upbringing, after discussion and consultation with each other. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. The parent with physical custody during any given period of time shall communicate in prompt fashion with the other parent concerning the well-being of the children, and shall notify appropriately the other parent of any changes in health or educational progress. The parties shall agree, in advance, on enrollment or termination in a particular school or school program, advancing or holding the children back in school, approving a petition for emancipation, and authorizing any of the following: enrollment in college, driver's license(s), purchase of an automobile, employment, marriage, enlistment in the armed forces, foreign travel, passport application or exchange student status. 2. Access to Records. As provided in 23 Pa. C.SA S 5309 (a), each parent shall have full and complete access to the children's medical, dental, religious and school records. This also includes records maintained by any professional or authority. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning the children's progress and welfare. 3. Primary Phvsical Custody. Father shall have primary physical custody of Roman. Mother shall have primary physical custody of Dylan. 2 ,. 4. Partial Phvsical Custody. Mother shall have partial physical custody of Roman and Father shall have partial physical custody of Dylan on one (1) weekend each month from Friday after school until Sunday at 5:00 p.m. This weekend will be chosen by agreement and preferably will occur when there is a "long weekend" and the children have either Friday or Monday off from school. Father and Mother shall notify each other of the school schedules as soon as they become available. 5. Holidavs. The parties shall share holidays with both children as follows: Odd-Numbered Years EverrNumbered Years Easter Mother Father Mother's Day Weekend Mother Mother Father's Day Weekend Father Father Thanksgiving Mother Father Christmas Schedule A Father Mother Christmas Schedule B Mother Father a. The Easter holiday begins after classes are dismissed and ends the evening before school resumes. b. Mother's Day and Father's Day weekends begin on Friday in the evening and end on Sunday in the evening. c. The Thanksgiving holiday begins on Wednesday, the eve of the holiday, after classes are dismissed and ends on Sunday immediately following the holiday at in the evening. d. If the parties cannot agree on the times for the Easter, Mother's Day, Father's Day and Thanksgiving holidays, the holidays shall begin at 6:00 p.m. and end at 6:00 p.m. 3 , . e. Christmas Schedule A begins immediately following the last day of school in December and ends at December 26 at 12:00 noon. Schedule B begins on December 26 at 12:00 noon and ends at 5:00 p.m. on the day before classes resume in January. 6. Summer. For the summer of 2006, Mother will have custody of Roman until July 15, at which time primary custody shall transfer to Father. Father will have partial custody of Dylan during the summer of 2006 as agreed upon by the parties and Dylan. Beginning in 2007, Mother will have custOdy of Roman for seven (7) weeks, two of which may be uninterrupted for vacation. Mother's weeks shall exclude the first full week after the school year ends and the last full week before the school year begins. Father also shall be entitled to one week of uninterrupted custody with Roman during the summer. In odd- numbered years, Father shall have first choice of the two weeks he designates for his uninterrupted custody period. Mother shall have first choice in even-numbered years. Each party shall notify the other bye-mail not later than March 31. 7. TransDortation. For all custOdy transfers, the parties shall meet at a designated location which is approximately equidistant from each party's residence. 8. Contact with Children. Each parent shall be entitled to reasonable telephone contact with the children which shall not be excessive, as well as daily contact via e-mail when the children are in the custody of the other parent. 4 ,. 9. Special Family Events. Both parties shall permit and support the children's access to family relationships. Each party shall accommodate the other party's special family events such as weddings, funerals, graduations, and annual family reunions, with resumption of the custody schedule immediately following the special event. Each parent shall have the option of proposing to the other time or date variations when these special events arise. 10. Right of First Refusal. If either party is unable to be with the children for seventy- two (72) hours or more, the other party shall have the right of first refusal. 11. No Disparaging Remarks. Neither party shall make any disparaging remarks regarding the other party in the presence of the children. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the children. 12. No Adult Issues. Neither party shall discuss adult issues with the children. Communications shall take place directly between the parties, and neither will use the children as intermediaries. 13. No-Conflict Zone. Neither parent shall attempt to alienate the affections of the children from the other. The parties shall not discuss adult issues in the presence of the children. 14. Prohibited Substances. During periods of custody, the parties shall not possess or use any controlled substance. They shall not consume alcoholic beverages to the point of intoxication. The parties shall assure, to the extent possible, that other household members 5 and guests comply with this prohibition. Additionally, the parties shall not expose the children to cigarette smoke. 15. Deviations. Unless the parties expressly agree, they shall not deviate from the custody schedule set out in this order. 16. Prior Orders. All prior custody orders are vacated. In Witness Whereof, the parties set their hands and seals. WITNESS: c '1 ,~ ~;::::.:// ~~ i/ 6