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Home My WebLink About06-4953 . e CIo -1./9~ CLc.Jtt T~ /;:::~/-~\ r';::::;::,,, n 'l ~' .." I,.I.-)}."/ I, \ .,. - .-~.. \':;:;;: U U JOHN C. DARCY, III, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : LANCASTER COUNTY, PENNSYL VANIA NO, CI-OI-I0676 MARIE Y. SMILEY, Defendant CIVIL ACTION - LAW : IN CUSTODY ;g O CJ C' r- :~ t.- ~~ S~2 'S ~ (""'c5 N :::a ; ~i:; 1"0 CJ f n~~,;::-c AND NOW, on this~day of JI...nC.- ,2006, upon review of the withrn J :!: ;:::: "\"2 (:) '!? r'l'1 -:---:p C,,;' '-' Petition to Transfer Venue Pursuant to Pa.R.C.P. Rule 1915.2(d), and upon agreement of the par;tles,N m ORDER it is hereby Ordered and Decreed that the above-captioned case in custody shall be transferred to Cumberland County Court of Common Pleas, Pennsylvania. Furthermore, it is Ordered that the Lancaster County Prothonotary upon receipt of the fee for transferring from the moving party shall transfer the file held by Lancaster County to the Prothonotary of Cumberland County. 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(\) :l .... tj tj " ~ (\) n .... , o tj~ o ' o ~ ",0 (l) '" <' ...1 '" ~ ~ .... >-'1 .... % OS! i ~ <' " - ;.. ';t o .. (l) '<l~@ ~o~ e:':A~ \ \;\'<1'" ~!" ~ ~' \ '" '" ~ ~ (i) .... ~i ~% ~~ ~9 \\ ~I<' ~ ~ 1 ~ >-'1 'a (\) .. t- C - '" ~ r , " /'""" 0 ....., ~ = ~ ~ ~ c = ~ 0" 1 -C;1-. ;po ~lJ '" rr(-:' c= N ::-" .. '" , "' N :g~ ~ C> Ul 0 ~,~,; --! ._J ":-c"-, R C> j> ,. :P- C):!.! S ~~j :=: -~0 fE! <:2 ;o.stn ~ ~::'.. ~ 0 :ii Cl -< ~ ~ . . JOHN C. DARCY, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA :'''N ':t:. . NO C r- () \ - \ O() \. (, 7J ~ .-\ .. S,e:rr'" ...~ 'e, % ~~ r-- 0 (")0 --- yo''';: ~ "E;. 'I"'Y *"- ,::..,"lJ -Q (::) ."'..<: ~ -<'I '?J. ~ r PRAECIPE TO ENTER TRANSFERRED CASE IN CUMBERLAND COU14~, ::... g - ~ ; CIVIL ACTION - LAW : IN CUSTODY v, MARIE Y. SMILEY, Defendant TO THE PROTHONOTARY: Pursuant to the attached Order dated June 22, 2006 and admitted as of record on June 22, 2006 in the Lancaster County Court of Common Pleas, a custody action between the above- captioned parties is hereby transferred to Cumberland County. Kindly enter this action in Cumberland County and assign a docket number to same. Kindly file the attached Order to said docket number. 1 .' ,Er, squire Attorney for the Plaintiff Supreme Court ID No. 84445 Scaringi & Scaringi, P,C. 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 717-657-7770 . . MARIE y, SMILEY, Plaintiff IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYL VANIA v. NO, CI-OI-I0676 JOHN C. DARCY, III, Defendant CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO THE PROTHONOTARY: ~j ;z;l c:> -' \-:z: po ~z no ~_~'~ -4 ~.'.:t<" ...,:;0 ,.,,-<: ',Xl , .<f' -00 p"'-' ...... ~ ~ tit ~ r- - #" -'0 :S #" .. - t'l'\ ~ -I i1'\ ~ Cl yo a ...., - .- ~ o Please prepare this record for transfer to Cumberland County pursuant to Order dated June 22, 2006. Respectfully submitted, Date: 7 - .I J - ,2006 t-.- 'eL. E Sc . gi & Scaringi, P.C. Attorney ill #84445 2000 Linglestown Road, Suite 103 Harrisburg, Pennsylvania 17110 ~'& 'to .\ V.~~,I' ;p ,r) e".V . . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA .11 ~ ~ ; NO. CT- () \ - \ 0 u \. (" ~ ~ ~ r"":;S:. 'e ~ ~~ r- a (">0 - '?;,; , ~ ~'-I~ :s " r<' _ .- -<\ ?<1' s::' r- PRAECIPE TO ENTER TRANSFERRED CASE IN CUMBERLAND CO~\ ::.. I;j - - ~ : CIVIL ACTION - LAW : IN CUSTODY JOHN C. DARCY, III, Plaintiff MARIE Y. SMILEY, Defendant TO THE PROTHONOTARY: Pursuant to the attached Order dated June 22, 2006 and admitted as of record on June 22, 2006 in the Lancaster County Court of Common Pleas, a custody action between the above- captioned parties is hereby transferred to Cumberland County. Kindly enter this action in Cumberland County and assign a docket number to same, Kindly file the attached Order to said docket number, 1 ,E, squire Attorney for the Plaintiff Supreme Court ID No, 84445 Scaringi & Scaringi, P.C, 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 717-657-7770 . . ~ /r":> /:-\'~, f"-'-"" n,' ~., 'r,,"" ;i . (,._.....) \ /, \~i U-'~ U JOHN C. DARCY, III, Plaintiff : IN THE COURT OF COMMON PLEAS OF : LANCASTER COUNTY, PENNSYLVANIA v. : NO. CI-OI-I0676 MARIE Y. SMILEY, Defendant -0 :;.0 0 o c,"I r-::::! t..- CT.J ..,... _I.- _ ~~ S rri --- ......,~ :::::.J J:':::? N i U)~,: l'.,) 0 ---1:::'- ~ r"'f1....'~;:-w.)'::-c. , 2006, upon review of the withfif ~ ::J:: ;:::: v c-' 'lO r'1'"1 ):> -=f.', '-' Petition 10 Transfer Venue Pursuant to Pa,R.C.P. Rule 1915.2( d), and upon agreement of the par.ti~s, ~ en CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, on this~day of Jo....nc.. it is hereby Ordered and Decreed that the above-captioned case in custody shall be transferred to Cumberland County Court of Common Pleas, Pennsylvania. Furthermore, it is Ordered that the Lancaster County Prothonolary upon receipt of the fee for transferring from the moving party shall transfer the file held by Lancaster County to the Prothonotary of Cumberland County. WAYNE G, HUMMER, ,if; JUDGE J. f)~O: G,:;\-,.. rr,' i>ij~CP,FC ~, .t!,.....~" ~" u;......._1.. iSU,\NT TO P.!\.. RC.P. NO: 236 ',!}f!FiCATION - THE ATTACHED DOCUMENT 'W; SEEN FiLED IN THIS CASE r':'c::JTi,iOrlOTARY OF LANCASTER CO., PA .. ,:~: \&},Z-Z.DJ:; . . MARIE Y. SMILEY, Plaintiff IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA v. NO. CI-OI-I0676 JOHN C. DARCY, III, Defendant CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO THE PROTHONOTARY: .." ~ '; '" 0 ~ .-\ .... '"" '-;1: ~ Wt ):>0 -;r:.z 0 no - p-\ #" "P' .,..."'P' v;o a .......: ...., ...... :J& !'v> ..... s;- - -00 .. r- "...... - '"" ..... 0 ~ 0 2006, Please prepare this record for transfer to Cumberland County pursuant to Order dated June 22, Respectfully submitted, Date: 7- /1 - ,2006 't...... 'eL. E Sc ' gi & Scaringi, P,C, Attorney ill #84445 2000 Linglestown Road, Suite 103 Harrisburg, Pennsylvania 17110 '7' , - ORIGINAL JOHN C. DARCY, III, Plaintiff : IN THE COURT OF COMMON PLEAS OF : LANCASTER COUNTY, PENNSYL VANIA v. : NO. CI-OI-I0676 MARIE Y. SMILEY, Defendan CIVIL ACTION - LAW IN CUSTODY }l& AND NOW, on this~day of ORDER ~l/.; , 2006, upon review of the within Petition to Transfer Venue Pursuant to Pa.R.C.P. Rule 1915.2(d), and upon agreement of the parties, it is hereby Ordered and Decreed that the above-captioned case in custody shall be transferred to Cumberland County Court of Common Pleas, Pennsylvania. Furthermore, it is Ordered that the Lancaster County Prothonotary upon receipt of the fee for transferring from the moving party shall transfer the file held by Lancaster County to the Prothonotary of Cumberland County. ;I~~ Ii --J' J, ~'.~ c..c', t-.1-c\6f1\~ eJr'o (?) '_, UniiV OF ORDER OR DECREE ",'1.~UANT TO PA. R.C.P. NO: 236 ':! ~'I';CATION - THE ATTACHED DOCUMENT ;.:;'.;:'lEEN FILED IN THIS CASE ;' ,0., HONOTARY OF LANCASTER CO., PA ","~: lo,.2.2.~ 'V 7.J <::) ~..J G) r- .-, r1 -r '-- :;,;~ J;> 0 ~:; -, z ~- r.'~' C) c-:-:> N :::.:.:::J " ) --I r0 --, :1-".'" ':::J rr: ,;J.) ~ ;>e ::::0 ~"< - ~ ~ - c....r; r= -0 C~) \.0 r1 ):~ --n 0 " <.n ~ " f',) en , .- ORIGINAL JOHN C. DARCY, III, Plaintiff IN THE COURT OF COMMON PLEAS;fu' LANCASTER COUNTY, PENNSyt;~ANf~ .~ '":' t:.__. <"'" .....,-? ':;.., '\:?1 :.~ /' v. NO. CI-OI-I0676 ""- CIVIL ACTION - LAW IN CUSTODY <~ .;--:. ,.'\"'\ -" .~-:::. '~-- ' .' MARIE Y. SMILEY, Defendant ..-- ~,,;', \",-} PETITION TO CHANGE VENUE PURSUANT TO Pa.R.C.P. RULE 1915.2(d) AND NOW, Plaintiff, JOHN C, DARCY, III, by and through his attorney, Melanie 1. Erb, Esquire and the law firm of Scaringi & Scaringi, P.c., petitions the Court as follows: 1. Petitioner, John C. Darcy, III, is the Plaintiff and the Father of the subject minor child in the above-captioned custody action. 2. Petitioner currently resides at 2138 Yale A venue, Camp Hill, Pennsylvania, Cumberland County, 3. Respondenl, Marie Y. Smiley, is the Defendant and the Mother of the subject minor child in the above-captioned custody action, Respondent and currently resides in York, York County, Pennsylvania. 4. At the time of the original action and the subsequent agreement of parties in open court on May 1, 2002, in the Lancaster County Court of Common Pleas, RespondentIMother and the subject minor child resided in Lancaster County. 5. PetitionerlFather has never resided in Lancaster County. 6. The parties have entered into an agreement whereby PetitionerlFather shall have primary cuslody of the minor child and he and the minor child shall reside in Camp Hill, , .- Pennsylvania, Cumberland County. A copy of said Stipulation for Custody is attached hereto as Exhibit "A". 7. For the convenience of the parties, Petitioner/Father asks that the above-captioned custody action be transferred to Cumberland County, Ihe county that he and the subject minor child reside in. 8. Further, Mother/Respondent has consenled to transfer of venue as set forth in the Stipulation for Custody, paragraphs 16 and 17. WHEREFORE, Petitioner/Father prays Your Honorable Court grant the within request to transfer the above-captioned custody action from the Lancaster County Court of Common Pleas to Ihe Cumberland County Court of Common Pleas. Respectfully submitted, Date:, I~ j/J ,2006 elan' L. Erb, squire PA #84445 Scaringi & Scaringi, P.c. 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 (717)657 -7770 Attorney for Petitioner , .. VERIFICATION I, JOHN C. DARCY, III, verify that the statements made in the foregoing Petition are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S, 94904, relating to unsworn falsification to authorities. Dale: ~/^/ I I ,2006 ~LC~ ~HNC.DARCy,7 , - JOHN C. DARCY, III, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v, : NO. MARIE y, SMILEY, Defendant STIPULATION FOR CUSTODY Jv0- THIS AGREEMENT, made this -p- day of ~ , 2006, by and between, JOHN C. DARCY, III, currently residing at 508 Louisa Lane, Mechanicsburg, Pennsylvania, hereinafler referred to as "FATHER", and MARIE Y. SMILEY, currently residing at North Hartley Street, York, Pennsylvania, hereinafter referred to as "MOTHER", WITNESSETH: WHEREAS, the parties are the Father and Mother of one minor child, MEGAN KNAUB, born April 7, 1995. WHEREAS, FATHER currently resides in Cumberland County and will remain in Cumberland County but will be residing at 2138 Yale Avenue, Camp Hill, Pennsylvania, 1701 i as of June 1, 2006, and MOTHER currently resides in York County. WHEREAS, the parties previously had entered an agreement for custody in Lancaster County, Pennsylvania in May 2002. WHEREAS, FATHER and MOTHER have agreed under the aforementioned circumstances that an agreement as to custody, partial custody and visitation of their child would be in the interest of all. EXHIBIT "A" , '" NOW THEREFORE, in consideration of the promises herein, and in pursuance thereof, the parties mUlually agree as follows, intending 10 be legally bound thereby: 1. Father, JOHN C. DARCY, III, and Mother, MARIE Y. SMILEY, shall have shared legal custody of said child so that each shall participate in major decisions concerning the best interest of the child, including, but not limited to, medical, religious, and educational decisions, Each parent shall have access to medical, dental, and school records, and the residence address of the child and the other parent. The parent having primary physical custody shall provide the other parent advance information on a timely basis regarding school programs, events, meetings and teacher conferences involving their child. 2. Father shall have primary physical custody of the minor child. 3. MOlher shall have partial physical custody of the minor child as follows: a. During the school year, on the first, second and fourth weekends of the month, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Mother shall pick up the child al Father's residence at the beginning of her periods of partial custody, and Father shall pick up the child from Father's home at the end of his periods of partial custody. b. In those months where there are five weekends, Father may choose two of those fifth weekends per year, with thirty days written nolice to Mother. c. For purposes of paragraphs a. and b. above, the first weekend of the month shall be defined as any month where the first of the month falls on Monday through Friday. 4. For the summer school vacation months, the parties shall alternate having Ihe child in two week blocks of time. For purposes of this paragraph, the summer period shall begin the weekend after the last day of school, and ends the weekend before the first day of school. Transfer , .. of custody shall take place on Sunday night at 6:00 p,m., and the party receiving custody shall be responsible for the child's transportation. 5. The parties agree to share the holidays of Thanksgiving, Easter, Memorial Day, The Fourth of July, and Labor Day, with the times to be as they mutually agree. Holiday periods of custody shall take precedence over all other scheduled periods of custody. Should such periods immediately precede or follow a scheduled period of overnight weekend partial cuslody in the partial custodian and it is also to be his or her holiday period, said periods shall extend through the intervening overnight. 6. Mother's Day shall always be spent with Mother and Father's Day shall always be spent with Father. 7. The parties agree that the Christmas holiday schedule shall be as follows: Mother shall have physical custody every year from 3:00 p.m, on December 24th until 3:00 p.m. on December 25th and Father shall have physical custody every year from 3:00 p.m. on December 25th until 3:00 p.m, on December 26th. 8. Each party shall take their vacation with the child during that party's two week periods of custody, 9. Both parties shall permit reasonable telephone and/or e-mail access to the child while the child is in his or her custody. 10. During any period of custody or visitation, the parties to this order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication, The parties shall likewise assure to the extenl possible that other household members and/or houseguests comply with this prohibition. , , - 11. Neither party will smoke cigarettes or tobacco products and will not allow others to smoke in the presence of the children. 12. Each party shall encourage the child 10 love and respect the other and shall refrain from making derogatory comments about the other party in the presence of the children and, to the extent possible, shall prevent third parties from making such comments in the presence of the children. 13. Each party shall encourage the child to have significant contact wilh the other parent and shall make certain the child is ready on time for transfer of physical custody from one parent to the other. 14. In the event that Father is unavailable or unable to care for the minor child for any reason, the parties' agree that the minor child will remain with her paternal grandmother and remain in the Camp Hill School District until she graduates. 15. That neither parent shall travel out of state with the minor child without first obtaining written permission from the other party. 16. That Cumberland County is the appropriate venue for this action as the minor child will be residing there as a result of this Agreement. 17. That this Agreement shall be entered as an Order of Court in Cumberland County. A~~7~ /fOHN C, DARC - ~/f ~lUf (lJorn;~ MA IE Y. SMIL ,: . ~ " . . ?' IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ;; f"!'1 o ~ ;,Z:: r-~ -i :pI :::J: f'1 JOHN C, DARCY, III zC? ::- :<:l DC:} -< i-:"j >__ I r.::J VS. No. CI-OI-I0676 ~ . ';:> rrI ~ ..." ::;r; :;0"""""; 0 . 1..') ~ MARIE Y. SMILEY :;r' .~, &".. "'TJ p.~ r- ~ -- ,." ORDER g N c::l AND NOW, this ,1dday of ,I?; ~ , 20~pon agreement of the parties in open Court, the following Order is entered concerning the parties' minor child, namely Megan Renee Knaub, born April 7, 1995, and now 7 years of age, 1. Mother, MARIE y, SMILEY, and Father, JOHN C. DARCY, III, shall have shared legal custody of said child so that each shall participate in major decisions concerning the best interest of said child, including, but not limited to, medical, religious, and educational decisions. Each parent shall have access to medical, dental, and school records, and the residence address of the child and the other parent. The parent having primary physical custody shall provide the other parent advance information on a timely basis regarding school programs, events, meetings and teacher conferences involving their child, 2, Mother shall have primary physical custody of said child. 3. Father shall have partial physical custody of said child as follows: A. During the school year, on the first, second and fourth weekends of the month, from Friday at 6:00 p,m until Sunday at 6:00 p,m, Father shall pick up the child at Mother's residence at the beginning of his periods of partial custody, and Mother shall pick up the child I ~ 'I :JI-/!Jh 70 . . from Father's home at the end of his periods of partial custody, B, In addition, in those months where there are five weekends, Mother may choose two of those fifth weekends per year, with thirty days written notice to Father. C, For purposes of paragraphs A. and B, above, the first weekend of the month is defined as any month where the first of the month falls on Monday through Friday, 4, For the Summer school vacation months, the parties shall alternate having the child in two week blocks oftime, For purposes of this paragraph, the Summer period shall begin the weekend after the last day of school, and ends the weekend before the first day of school. Transfer of custody of the child shall take place on Sunday night at 6:00 p,m" and the party receiving custody shall be responsible for the child's transportation. 5, The parties agree to share the holidays ofThanksgiving, Easter, Memorial Day, The Fourth of July, and Labor Day, with the times to be as they mutually agree, Holiday periods of custody shall take precedence over all other scheduled periods of custody, Should such periods immediately precede or follow a scheduled period of overnight weekend partial custody in the partial custodian, and it is also to be his or her holiday period, said periods shall extend through the intervening night. 7, The parties agree that the Christmas holiday schedule shall be as follows: Mother shall have physical custody every year from 3:00 p.m, on December 24, until 3:00 p,m, on December 25, and Father shall have physical custody from 3 :00 p,m. on December 25 until 3 :00 p,m, on December 26, 8. Mother shall not relocate from Lancaster County, Pennsylvania absent a written , .... . II . 0/- I()(;; 70 . agreement between the parties or an Order of Court after a hearing, If Mother moves from the child's present school district before the end of the next school year (2002-2003), a hearing shall be scheduled without the filing of a new complaint. 9, Each party shall take their vacation with the child during that party's two week periods of custody, 10, Both parties shall permit reasonable telephone access to the child while the child is in his or her custody 11 Each party shall accommodate the reasonable requests of the other party for alteration of any agreed upon schedule as the circumstances and best interests of the child require, 12 Each party shall encourage the child to love and respect the other and shall not state nor allow others to state in the presence of the child derogatory comments about the other parent. Each party shall encourage the child to have significant contact with the other parent and shall make certain the child is ready on time for transfer of physical custody from one parent to the other, BY THE COURT: Attest: ~ Copies to: v.f"ames D, Wolman, Esq, (2) htricia 1. Dunlevy, Esq. (2) NUFICE (}f ENTRY Of 0RIlER OR DECfIfE C>URSUANTTO PA.R.C.P. NO:236 !OTlFICATlON-THE ATTACHED DOCUMar. AS BEEN FILED IN THIS CASE ?RDTHONQTARV Of LANCASlER CU. PA DAlE' 5" -~ -0 a.... A c DATE ~ tJ5 -t:f?-o~ . .... . . if. ~ JOHN C. DARCY, m IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYL V.ANIA CIVIL ,:: 0'1 ::.:) N r-~; ~ 1 c:o ::.-. N cn"; -.J V. No. CI-01-10676 '~',. 'T1 " 'X .~J :;:;'J , c MARIE Y. KNAUB nlb/m MARIE Y. SMILEY ~s:~ .::- ~I I"~- iT! t:J ("""") r-1"1 ORDER AND NOW, this 27th day of February, 2002, the custody hearing scheduled for March 25,2002 at 10:00 a,m. in Courtroom No.7 is continued and rescheduled for Wednesday, April 17, 2002, beginning at 9:00 a.m. in Courtroom No.7, Lancaster County Courthouse, Lancaster, Pennsylvania. BY THE COURT: HEt!(~~. JUDGE C' ATTEST: Cd^--<- c..J?----... cc: Patricia L. Dunlevy, Esq. (\) James D. Wolman, Esq. Cd.) j))tJU0;/ ~1 ~~-72 If/I7CV11J~ <fr1 ~-2It (~~ :KJHCE Of [NnW OF pROER OR DECREE , r";','M\\TTl'j \:If,,? J 'I '!f):23f; ",,\. ,.. , " , "'(ICU."rr ,c ,. ,'-""," it' T- ~..l"'! ' '. ,. nil\.-" ;-':("!L,t..\in)l';', '. .1..'..1 .",,\ '., :> BEEN fiLED! CASE ROTHONOlAR\' O~ LANCASTER CO,. PA !l\TF: FEb" .) .:::uOl all j ,- ... r~ ,," r "' I)ltI'E :3> \\\\b7--~__ t~'9 -@ " IN THE COURT "'OMMON PLEAS OF LANCASTER CaTV, PENNSYLVANIA * COURT ADMINISTRATION OFFICE SCHEDULING COVER SHEET (CAOSCS) IN ORDER TO BE PROCESSED ALL REQUESTED INFORMATION MUST BE COMPLETED PLEASE TYPE OR PRINT LEGIBLY ORIGINAL CAPTION PLAINTIFF (MARIE Y KNAUB/SMILEY) DEFENDANT ,L , JOHN C. DARCY III l?-- IN THE ORPHAN'S COURT MATTER OF: .- ;;~ . .-,- 0 N ..." 1""1 c:o N --J DOCKET NO. CI-01-10676 . " ,1 Y -u - - --' '.."... "":'1 f. c; r'1:', fTl ::J PLAINTIFF JAMES D. WOLMAN 53 NORTH DUKE STREET LANCASTER,PA17602 NAME ADDRESS AND TELEPHONE NUMBER OF ATTORNEYS/PRO SE DEFENDANT PATRICIA L. DUNLEVY 600-H EDEN ROAD LANCASTER. PA 17601 519-0805 Check one 0 CIVIL X FAMILY 0 ORPHANS Name of person submitting CAOSCS Patricia L. Dunlevy o DOMESTIC RELATIONS REFER TO DOMESTIC RELATIONS SECTION INSTRUCTIONS ON BACK OF FORM NOTE: IF A NEW COMPLAINT, PROTHONOTARY'S CIVIL COVER SHEET MUST ALSO BE ATTACHED SECTION A: REQUEST TO SCHEDULE AN EVENT 1. TYPE OF EVENT: Hearing: Conference: 2. ESTIMATED LENGTH OF TIME: COURT USE ONLY DATE: TIME: PLACE: FAMILY BUSINESS COURT/PICK-UP DATE JUDGE/CCO/OM: SECTION B: REQUEST FOR CHANGE OF A SCHEDULED EVENT: 1. Hearing X Conference OPPOSING COUNSEUPARTIES IS--! IS NOT IN AGREEMENT 2, REQUEST FOR: CONTINUANCE: X CANCELLATION:_ 'CONTINUE GENERALLY:_ nla Family 3. REASON: Defendant's counsel is unavailable on that date 4. SPECIAL INSTRUCTIONS FOR RESCHEDULING EVENT: 5. Presently Scheduled for: DATE: 3125/02 TIME: 10:00 a.m. PLACE:Ctrm #7 JUDGE/CCOIDM:Kenderdine SECTION C: COURT USE ONLY Continued To: DATE:!1/..12. TIME: '1:00 PLACE:!YIl. Approved by Judge ~ ~ 'j OATE?--/ J. ~/~ ?- o Report EnteredlOeleted o Entered on WP list o CDAEVNT 0 Scheduled in BANNER o Entered on Daily Report o Verified 10/25/01 , IN THE COURT aOMMON PLEAS OF LANCASTER aNTY, PENNSYLVANIA COURT ADMINISTRATION OFFICE SCHEDULING COVER SHEET (CAOSCS) IN ORDER TO BE PROCESSED ALL REQUESTED INFORMATION MUST BE COMPLETED PLEASE TYPE OR PRINT LEGIBLY ORIGINAL CAPTION - PLAINTIFF MARIE Y KNAUB/SMILEY DOCKET NO. CI-01-10676 DEFENDANT JOHN C, DARCY'" IN THE ORPHAN'S COURT MATTER OF: NAME ADDRESS AND TELEPHONE NUMBER OF ATTORNEYs/PRO SE DEFENDANT PATRICIA L. DUNLEVY 60D-H EDEN ROAD LANCASTER. PA 17601 519-0805 PLAINTIFF JAMES D, WOLMAN 53 NORTH DUKE STREET LANCASTER,PA17602 Check one 0 CIVIL X FAMILY 0 ORPHANS Name of person submitting CAOSCS Patricia L. Dunlew o DOMESTIC RELATIONS REFER TO DOMESTIC RELATIONS SECTION INSTRUCTIONS ON BACK OF FORM . NOTE: IF A NEW COMPLAINT, PROTHONOTARY'S CIVIL COVER SHEET MUST ALSO BE ATTACHED SECTION A: REQUEST TO SCHEDULE AN EVENT 1, TYPE OF EVENT: Hearing: Conference: 2. ESTIMATED LENGTH OF TIME: COURT USE ONLY DATE: TIME: PLACE: FAMILY BUSINESS COURTIPICK-UP DATE JUDGElCCOIDM: SECTION B: REQUEST FOR CHANGE OF A SCHEDULED EVENT: 1. Hearing X Conference OPPOSING COUNSEUPARTIES IS--! IS NOT IN AGREEMENT 2, REQUEST FOR: CONTINUANCE: X CANCELLATION:_ .CONTINUE GENERALL Y:_ nla Family 3, REASON: Defendant's counsel is unavailable on that date 4. SPECIAL INSTRUCTIONS FOR RESCHEDULING EVENT: 5. Presently Scheduled for: DATE: 3/25102 TIME: 10:00 a.m. PLACE:Ctnn #7 JUDGElCCOIDM:Kenderdine SECTION C: COURT USE ONLY Continued To: DATE:_ TIME:_ PLACE:_ JUDGElCCOIDM: Approved by Judge DATE o Report EnteredlDeleted o Entered on WP list o CDAEVNT 0 Scheduled in BANNER o Entered on Daily Report o Verified 10/25101 ~ IN THE COURT .OMMON PLEAS OF LANCASTER .NTY, PENNSYLVANIA COURT ADMINISTRATION OFFICE SCHEDULING COVER SHEET (CAOSCS) IN ORDER TO BE PROCESSED ALL REQUESTED INFORMATION MUST BE COMPLETED PLEASE TYPE OR PRINT LEGiBlY ORIGINAL CAPTION . PLAINTIFF MARIE Y KNAUB/SMILEY DEFENDANT DOCKET NO. CI-01-10676 JOHN C, DARCY III IN THE ORPHAN'S COURT MATTER OF: PLAINTIFF JAMES D, WOLMAN 53 NORTH DUKE STREET LANCASTER,PA17602 NAME ADDRESS AND TELEPHONE NUMBER OF ATTORNEYS/PRO SE DEFENDANT PATRICIA L. DUNLEVY 600-H EDEN ROAD LANCASTER. PA 17601 519-0805 Check one 0 CIVIL X FAMILY 0 ORPHANS Name of person submitting CAOSCS Patricia L. Dunlevv o DOMESTIC RELATIONS REFER TO DOMESTIC RELATIONS SECTION INSTRUCTIONS ON BACK OF FORM . NOTE: IF A NEW COMPLAINT, PROTHONOTARY'S CIVIL COVER SHEET MUST ALSO BE ATTACHED SECTION A: REQUEST TO SCHEDULE AN EVENT 1. TYPE OF EVENT: Hearing: Conference: 2, ESTIMATED LENGTH OF TIME: COURT USE ONLY DATE: TIME: PLACE: FAMILY BUSINESS COURTIPICK-UP DATE JUDGElCCOIDM: SECTION B: REQUEST FOR CHANGE OF A SCHEDULED EVENT: 1. Hearing X Conference OPPOSING COUNSEUPARTIES IS...,! IS NOT IN AGREEMENT 2, REQUEST FOR: CONTINUANCE: X CANCELLATION:_ .CONTINUE GENERALLY:_ nla Family 3, REASON: Defendant's counsel is unavailable on that date 4. SPECIAL INSTRUCTIONS FOR RESCHEDULING EVENT: 5. Presently Scheduled for: DATE: 3125102 TIME: 10:00 a.m, PLACE:Ctrm #7 JUDGElCCO/DM:Kenderdine SECTION C: COURT USE ONLY Continued To: DATE:_ TlME:_ PLACE:_ JUDGElCCO/DM: Approved by Judge DATE o Report EnteredIDeleled o Entered on WP list o CDAEVNT 0 Scheduled In BANNER o Entered on Daily Report o Verified 10125101 (';, /~., ; }f .' . DATE: d l~lcrr- DELNER TO: Prothonotary SORRENTIHO & SAVOCA 6OO-H EDEN ROAD LANCASTER, PA 17601 (717) 519-0805 Domestic Relations Register of Wills ~ Recorder of Deeds / Other 0~ ~'II , Special Instructions: Checks Needed: Amount: Return Copies To: - p:lrarrunylCustody Conference Fil_b Order,frtn - 91 IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY No,: CI-01-10676 "'tJ ".';l ::u 0 C> ~ N -., .- T> :r: (... "-n :0- ...c :z n ,--'" J >- -- .'..-.... v> 0 -, > f"T1 -0 - ::0 :::: .. c-; '>.:.1 0 ~ ".~ 1 ]>- " .. . ~, (') Cl f'T1 John C. Darcy, ill, Plaintiff v, Marie y, Knaub, N/BfM Marie y, Smiley, Defendant AND NOW, this ? , ~pon Defendant's Petition for Modification and after a conciliation conference which was held on December 13, 2001, before Custody Conference Officer Tamara E, Showalter, and at which conference the Parties and their counsel were present, and an agreement was not reached between them with regard to primary physical custody, the Court, upon recommendation of the Custody Conference Officer, hereby approves such recommendation and enters the following Order: 1. Pending a hearing in this matter the Order of November 7, 2001, shall remain in effect regarding Father's periods of partial physical custody,! 2. The Parties agree that in the summer of each year, they will share physical custody by alternating weeks with the exchange to occur on Sundays at 7:00 p,m, The rotation of the weeks shall be determined by when Father has partial physical custody of his other child, Alexandra, so that his weeks with Megan Renee Knaub shall coincide with when he has physical custody of his daughter, Alexandra. I It should be noted that Mother withdraws her Request for Relocation and that Father did not waive pursuing his Petition seeking Leave to File Preliminary Objections by participating in the Custody Conference, ~ P:\TammylCustody Conference Fi_Ub Order.fim . 0\ - IDlP1lo 3, The Parties agree to share the holidays of Thanksgiving, Easter, Memorial Day, The Fourth of July, and Labor Day with the times to be as the Parties mutually agree, 4, The Parties agree that the Christmas holiday shall be as follows: Every year at Christmas, Mother shall have physical custody from 3:00 p,m, on December 24, until 3:00 p,m, on December 25; and Father shall have physical custody from 3:00 p,m, on December 25, until 3:00 p,m, on December 26, 5, Each parent shall be entitled to two (2) non-consecutive weeks of uninterrupted partial physical custody during the summer of each year upon thirty (30) days written notice to the other parent. However, the Parties agree that they will switch weeks so that one parent would not have custody three (3) weeks in a row. 6, Holiday periods of custody in the parents, vacation and special occasion days shall take precedence over all other scheduled periods of custody, 7, Both parents shall permit reasonable telephone access to the child while the child is in his or her custody. 8. The parents are encouraged to accommodate the reasonable requests of the other parent for alterations of any agreed upon schedule, as the circumstances and best interest of the child requires, 9, Both parents shall encourage the child to love and respect the other parent and shall not state, nor allow others to state, in the presence of the child, derogatory comments about the other parent. Both parents shall encourage the child to have significant contact with the other parent, and shall make certain that the child is ready on time for the transfer of physical custody from one parent to the other, 2 P:\TammyICustody Conference Fi~b Order.ftm . O\_\0101lP 10, Upon the recommendation of the Custody Conference Officer, a hearing shall be scheduled on the d,~y of ~ . 2002, at 10 : 00 Q.m., in Courtroom No, _ ..i- of the Lancaster County Courthouse, 50 North Duke Street, Lancaster, Pennsylvania. BY THE COURT: )f/~ J, Attest: ~'" r~ Copies to: James D, Wolman, Esquire Patricia L. Dunlevy, Esquire I ~?ri1~Wr~x ORFCOpRDER. OR DECREE 'OTlFIC ' , , ,NO 236 ' ATlON-THEATTACHED on~:, /AS BEEN FIlED IN llflS CASE U [,', _,~OTHo~'nT^Pvn[" AMI'Il,<m:,r', '')'j "T~ JAM 11 zoot'., b, 3 . p:\rammylCustody Conference FiI'4t'b Rpt.fnn . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY John C, Darcy, ill, No, CI-01-10676 -0 ;t} "'J 0 C> . r -, N " - -, 1> Co- z """ C) ;Z 1> " ., GO .;- 0 ~ . "'"' :;u -. "'T;I ........ ::x ",.' ,) .s::- ):.- "-.' :'1 ~, .. '" , n ;"q fT1 CJ Plaintiff v. Marie y, Knaub, N/B/M Marie y, Smiley, Defendant CUSTODY CONFERENCE REPORT 1. Date ofConference(s): December 13, 2001 2. Parties and their relationship to the child/children: Plaintiff: John C, Darcy, ill - Father of the child Defendant: Marie y, Knaub, N/B/M Marie y, Smiley. Mother of the child 3. Child'slchildren's name(s) and date(s) of birth: Megan Renee Knaub, 4/7/95 4, Current custody schedule and the length of time in effect: By Order dated November 7, 2001, Father has partial physical custody of the child every weekend from 5:00 p,m, on Friday until 5:00 p,m, on Sunday, The Parties both acknowledge that prior to this Order, this was their practice but that they alternated weeks in the summertime, 5. Specific issues which have required hearing date: Father is seeking primary physical custody of the child and Mother would like the Order to remain in effect but that she at least have one weekend per month with the child. 6, Disputed facts related to the contested custody issue(s): There is an Order dated July 14, 1999, which was a Stipulation entered into by the Parties which provided that once the child began school, she would be enrolled in the school district 1 ;:ITammyICWltody Conference FiI~b Rpt.frm . o \ - \ OLD 1lt> where Father resides, This Stipulation was entered into while Father was incarcerated and the child was still not old enough to be enrolled in school. Father states that while he agreed the child could attend kindergarten where Mother resides, this was to be changed once the child began first grade. Father is concerned that Mother moves around and that this is detrimental to the child; whereas Father would ensure that the child would remain in the same school district until she graduates from high school. Mother withdrew her Request to Relocate and asserts that she will not move from the area with the child, 7, Recommendation re: Pre-trial Conference: Recommended Respectfully submitted, ~~c.- f'-Sl~adJ~ Tamara E, Showalter, Custody Conference Officer 2 r .-~ \ JJ.NOOJ rJ:Jt;V:)NVl NIWOV l~i'(\) DlllSIO 'IS :Z Uti 9Z 030 '10 a3/\13:::>3~ ~' ~. l>O9~~ .... Cl~~ ~ '8 ~ ,,0. ';Q 9- y: ~~~~';\ () ~ (l) -U -U r- ~ s.z, (') 0 a\\l:l.$~ (l)'- ,..::"':: . ~ ~ \1\ ~. ~ ~ '-4 ~ C.. . 0 ~ :r\!l. ~ (1) ;~ 2 ' zu>'2 ~ ::l ~ ll'",,-UUl)! i~~ Q ~ ~ (l)~~RCl tiC ~ g !e....:: ~ !!!- l"11:ll \\ ,..::. " o_blUlm Ql '!' H g()-""~ ::> Ii. H 0. (l)c:()~m - H ...... (/J c:. -- Z I:ll 3' ~o<Ag~ - o p.. a - :to "" 3"':: :<"1'1 \ll. '2. -<:: "" ~ (j,' UI "" l"' -' "" ~ 6i III tJ 6' == '~ ~ ~ ~ >1~(,) ~ ~ ~ 1>> c: 'i6 'm '" ?lb'i 0' ~ ~ ~ (')<J. en<:: ,~ W~ H~ () Cl I. 0 ~1\ ~~m ~ 0 n~ 000 .... tt> ~ ~ ~ I n C:o ~ .... t/l- ~~~ ..., ~ ~ 0 0 n'-4n ~ Cf' -a. _go ~&~ ~ -.l ~ ~-'(3 ll! Cf', ....... \9 -n ~ - rn3 f ~ '2 mo% :T ~ :0 ~:Z:'1l (l) ~ ::::::.:::::::::::. "1'1- ~ ~ ~ '1l rmCD ~ I:ll ...."tA $ ~ :J:~o ~ -n ~n- 00 ~ ~ 'l>'m~ S' 0 '1lCll::l a. ~ ... :T ~ ~ ~ ~ (l) '1lC:~ ~ :-! ~ ~ . " " ~ ... c ~tlD - ~o ~ -.l , - .(,0 >S> c: CIl \11 a -' .... .... .. o o 0 0 ~ l"1 (') ~ ~ ~ j ~ 0 .... 0 u> (l) \ <- m ... ('J - 0 <: 0 ~.. , ,..r' r' . 1 > I ,( I " I 't'''''' .....~. "1;' A 1 r~ ,,:.)\~'- U~ ~ ~'" f~ f f.p -OJ.. '_ lD . I ' ~ , \ \ , i~ , \ , \ , ", '.,~~"'3'~'f., " I"!J \:)I;:)\.'. ...~'S ~ , ~~J \J. , t\) " ., # ~~~ '\ \.10" ~\I,\1. ,. '> ~ "", , 0' ~,,\-:;(.)~ \ \ ' IN THE COURT OF ~MON PLEAS OF LANCASTER .NTY, PENNSYLVANIA ?f' COURT ADMINISTRATION OFFICE SCHEDULING COVER SHEET IN ORDER TO BE PROCESSED ALL REQUESTED INFORMATION MUST BE COMPLETED PLEASE TYPE OR PRINT LEGIBLY Original Caption PLAINTIFF John C. Darcy, ill " 1'1 DOCKET NO. CI-OI-I0676 ;:t; 0 ~ r:;: N <- J>:" > ..:" :z n .:r... - . C'1>" 0 -, fT". _, -0 :oJ :Jl: 0' "'D ~~ f." !>:,:.; ~. n ,.,., -,! DEFENDANT Marie y, Knaub, N/B/M Marie Y. Smiley PLAINTIFF Patricia L. Dunlevy, Esquire Sorrentino & Savoca 600A Eden Road Lancaster, PA 17601 NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEYS/PRO SE DEFENDANT James D. Wolman, Esquire 53 North Duke Street Lancaster, P A 17602 0'7'1 o Check One 0 CIVIL Illl FAMILY [J ORPHANS Name of person submitting CAOSCS: Tamara E. Showalter. CCO [J DOMESTIC RELATIONS REFER TO DOMESTIC RELATIONS SECTION INSTRUCTIONS ON BACK OF FORM NOTE: IF A NEW COMPLAINT PROTHONOTARY"S CIVIL COVER SHEET MUST ALSO BE ATTACHED. SECTION A: REQUEST TO SCHEDULE AN EVENT 1. TYPE OF EVENT: Hearing: CustodY Conference: 2. ESTIMATED LENGTH OF TIME: 1 Day FAMILY BUSINESS COURT/PICK.UP DATE: COURT ?J.E ONLY DATE:,,", ~5 TIME: lo:.co OJYI_ PLACE: e , CO/DM~~ SECTION B: REQUEST FOR CHANGE OF A SCHEDULED EVENT 1. Hearing Conference OPPOSING COUNSEUPARTIES IS_IS NOT_'N AGREEMENT 1" Request 2nd Request 3'" Request 2. REQUEST FOR: CONTINUANCE: _ CANCELLATION: _ CONTINUE GENERALLY: _ on/a Family 3. REASON: 4. SPECIAL INSTRUCTIONS FOR RESCHEDULING EVENT: 5. Presently Scheduled for: DATE: TIME: PLACE: JUDGE/CCO/DM: SECTION C: COURT USE ONLY Continued To: DATE: TIME: CAO use only ~port EnteredlDeleted t7Entered on WP list PLACE: 'JUDGE/CCO/DM: ApproYe~y Judge 711~ DATE / /~/o;)-,- [J CDAEVNT I!l'" Scheduled in BANNER ~erlfied ofE~tered on Dally Report '. III! 11/9/01 ......... r JJ.NOOJ H!.WJNVI N&VQV l1lnOJ lJIM1SKl !II .... ~. 9(::330 '10 a3^E:J::)3~ - . JOHN C. DARCY, III IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYL VANIA ..., C I V I L ::0 C> ,." '=' N :z: r-;:! L. -i ~C::-l > ;-t'1 C-) 3~~ ::z: ~ >~ ::" I CJ ~f:- ::l:;' Cot.) ;~~J __ J> ~.. .... ".'t:: ::"'"' v=; =c C) ;; (:) ~ '~ , ...., ~ ~ C"') tJ! /'TI V. No, CI-01-10676 MARIE Y. KNAUB nIb/m MARIE Y. SMILEY '1"J ::J ORDER AND NOW, this 3rd day of January, 2002, a pre-hearing conference, involving counsel in chambers, is hereby scheduled to be held Tuesday, February 5, 2002, at 11 :00 a.m, The focus ofthat pre-hearing conference will be to explore whether the Temporary Order of January 2,2002 could become the permanent Custody Order, with revisions providing mother two weekend days per month (either on the saine or on two separate weekends) and providing the father some additional custodial time either in the sununer or during a school vacation. BY THE COURT: ~~~11. Y HENRY S. KENDERDINE, Ji' JUDGE ATTEST: E~ ~ cc: Patricia L. Dunlevy, Esq. 1 James D. Wolman, Esq. \ NOTICE OF ENTRY OF ORDER OR DECREE DIJRSUANTTO PA,R,C,P. NO:236 nTIFICATlON-THEAlTACHED OOCUM~ IS BEEN AlED IN THIS CASE ~OTHONnTARV OF LANCASTER CO.. PA fin:. JANl 2002 /-O~ r, , ' , '." \, ~ l.\ \ IJ<-- L>>- _ "'~ iqi C~./"",,;,, "tf'f':t~'! ~ ?f . . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN C. DARCY, III Plaintiff No. CI-01-10676 ~ :0 C) <<::) /'T1 :z 0 --; /'T1 ,.." ::v ("") )'"1/ .c- C.7) ,---' v. ~~~ 2: s~; ~c: MARIE y, KNAUB N/BIM (,,~: MARIE Y. SMILEY ;:;:; :> ;::)' -: -0 ;... Defendant '" ::Z:.:I "'UC ..&:- -.... ?....,.; 'I ORDER :::: CJ1 ~ g 0'\ c:J AND NOW, this -+1- day of December, 2001, upon consideration of Petitioner, John C. Darcy, Ill's, Petition Requesting Permission to File Preliminary Objections Nunc Pro Tunc, permission is hereby ~}rf~EI Petitioner shall file r;lr:elill'linal) Q~ion~ tn th.. C111tody complaiAt filed by Petiti9Rer ';Jithin b.o (2) b12sil'o&sS days of th.. n..w 9f tllis Oftler. The e12stedy e~mk;renee presently sched12led fer TIl\l~Il..y, -n......~9r 1 a, 2881 cd ll.OO ~.m. IS nereby continued until the preliminary olJ~clions h"ue bllllR aElllres....d by li,t:: Cuu,l. BY THE COURT: \ ~J. ATTEST: ~.~C-~ ee', ~Q+rh..~Q., L, \':M" kV(f~t~>1) NOTICE OF ENTRY OF ORDER OR DECREE "URSUANTTO PA.R.C,P. NO:236 'IOTlFICATlON-THE AlTACHED DOCUME~ :AS BEEN FILED IN THIS CASE 'ROTHONOTARY OF LANCASTER CO" PA lATE: DEe 1 7 2001 ~ . . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN C, DARCY, III Plaintiff No. CI-01-10676 v. MARIE Y. KNAUB N1B1M MARIE Y. SMILEY Defendant PETITION REQUESTING PERMISSION TO FILE PRELIMINARY OBJECTIONS NUNC PRO TUNC Petitioner John C. Darcy, III files this Petition requesting permission to file preliminary objections nunc pro tunc to the custody complaint filed by Respondent Marie Y. Smiley and in support thereof avers as follows: 1. Petitioner is John C. Darcy, III, an adult individual and Plaintiff in the above-captioned matter, who resides at 6 Plainview Road, Camp Hill, Pennsylvania 17011. 2, Respondent is Marie Y. Knaub nlb/m Marie Y. Smiley, an adult individual and Defendant in the above-captioned matter, who resides at 1049 River Road, Columbia, Pennsylvania 17512, 3. The parties are the parents of the minor child, Megan Renee Knaub, ("the child") age six (6), date of birth, April 7, 1995. 4. On July 14, 1999, the Cumberland County Court of Common Pleas entered a custody order based upon the stipulation of the parties which provided that the parties would share legal and physical custody of the child, Because Petitioner , . . was incarcerated at the time the Order was entered, Petitioner's rights to custody were to be exercised by Petitioner's then-fiance, Ginger Oesiaurier. The Order further provided that, upon reaching school age, the child would attend school from Petitioner's home. A true and correct copy of the Order which was entered on July 14, 1999 is attached hereto as Exhibit "A". 5. The child resided primarily with Petitioner from the date of her birth until February 1, 1999 when Petitioner was incarcerated. After Petitioner was released from prison on July 12, 2000, the child lived with Petitioner until September 2000 when she began to reside with Respondent, and to spend every weekend with Petitioner. 6. On November 7,2001, Respondent filed a complaint to modify child custody order in the Court of Common Pleas of Lancaster County requesting permission of the Court to relocate with the child to Delaware, 7. Also on November 7, 2001, Respondent filed a Petition for Special Relief requesting that the status quo be maintained and specifically directing that the child shall attend the Riverview Elementary School of the Donegal School District until further Order of Court, 8. A custody conference is scheduled on Thursday, December 13, 2001 at 11 :00 a,m. before Custody Conference Officer Tamara Showalter. 9. Upon presentation of the Custody Complaint and the Petition for Special Relief in Family Business Court, the court entered an Interim Order which provides that Respondent has primary physical custody of the child and that Petitioner has partial 2 No. CI-01-10676 . . physical custody of the child every weekend. The Interim Order also provides that the Child shall attend the Riverview Elementary School, 10, After the entry of the interim Order on November 7, 2001, Petitioner sought counsel to represent him in this matter. 11. Petitioner was referred to the undersigned counsel by Mid-Penn Legal Services and met with counsel on December 10, 2001. 12. Petitioner believes and, therefore, avers that pursuant to 23 Pa.C,SA ~ 5364(h), and Pa.R.C,P. No. 1915,2, jurisdiction and venue are proper in Cumberland County. 13. Petitioner objects to the filing of the custody complaint by Respondent in Lancaster County. However, because he was previously unrepresented, Petitioner failed to file preliminary objections to the complaint within the 20-day time limit required by Pa.R.C.P. No. 1028 and Pa.R.C,P. No, 1915,5 14. Unless he is permitted to file preliminary objections nunc pro tunc, Petitioner is prejudiced by his inability to retain an attorney to represent him while Respondent benefits from Petitioner's financial difficulties. 15. PaRC.P. 1915,13 authorizes the Court to grantthe relief requested herein. 3 No. CI-01-10676 , . . WHEREFORE, Petitioner John C. Darcy, III, respectfully requests that this Honorable Court grant him permission to file preliminary objections nunc pro tunc to the custody complaint filed by Respondent on November 7, 2001. Petitioner further requests that the custody conference presently scheduled on December 13, 2001, be continued until the court has addressed the preliminary objections to be filed nunc pro tunc by Petitioner. Respectfully Submitted, SORRENTINO & SAVOCA By:.Qmu/'lrJ. r;:j.IJM. L1 g JI~ Patricia L. Dunlevy, E re 600-H Eden Road Lancaster, PA 17601 (717) 519-0805 Attorney 10 No. 75567 Attorney For Petitioner, John C. Darcy, III 4 No. CI-D1-10676 . . . VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: 10/()/ I . . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN C. DARCY, III Plaintiff No. CI-01-10676 v. MARIE Y. KNAUB N/BIM MARIE Y. SMILEY Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the Petition Requesting Permission to File Prelirninary Objections Nunc Pro Tunc was served upon the following: SERVICE BY FACSIMilE AND FIRST CLASS MAil TO: James D. Wolman, Esquire 53 North Duke Street, Suite 309 lancaster, PA 17602 By: ~biJ.l:iiJwJ;J1'6 Patricia L. Dunlevy Attorney for Plaintiff Attorney 1.0. No 75567 600-H Eden Road lancaster, PA 17601 (717) 519-0805 Dated: Decernber 11, 2001 r-, . ,...-'"'\. .. id-IJ}{)lo I Lir- . ... . ,q 00 /)] SOb . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CUSTODY ORIENTATION ATTENDANCE Signature Name (print) (time) -.J~'13.01 (date) My custody conference is scheduled for at *************************************************************** This is to verify that the above named party viewed the custody orientation video "Children First: Custody, the Courts & Your Family" on the date indicated below. Date: IJ-/;3/tJ/ f f . ~OOhJ 306 _ IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CUSTODY ORIENTATION ATTENDANCE signature Name (print) My custody conference is II A.,. (time) scheduled for -.J1.1, Y 01 ( ate) at *************************************************************** This is to verify that the above named party viewed the custody orientation video "Children First: CUstody, the Courts & Your Family" on the date indicated below. Date: /)..//3/d/ . ( , . . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW JOHN C. DARCY, III VS. NO. CI-OI-I0676 MARIE Y. KNAUB N/BIM MARIE Y. SMILEY CUSTODY CONFERENCE MEMORANDUM Submitted by James D. Wolman, Esquire, counsel for Marie Y. Knaub nIb/m Marie Y. Smiley, Defendant. 1. Party is Mother. 2. Child: Megan Renee Knaub Date of Birth: 4/7/95 3. Party is requesting: (outlined proposed Order) Shared legal custody, primary physical custody with Mother. During the school year, partial physical custody to Father every other weekend from Friday at 5 :00 p.m. until Sunday at 5:00 p.m. During the Summer, time to be divided equally between the parties. Alternating holidays, and two weeks block time for each for purposes of vacation. 4. The present custody stipulation is as follows: (include any visitation agreements that may exist.) Identify specifically the date of the last Order, (Protection from Abuse or Custody), or agreement and attach a copy of this Memorandum ifnot already filed in the pending custody action. See Temporary Order dated November 7, 2001. 5. The present custody situation has existed since November 7, 2001. Prior to that time the custody situation was as follows: Since the entry of the July 14, 1999 Order, the child has resided exclusively with Mother. Father was incarcerated until August 2000. After that time, he had partial custody on weekends. 6. Has either party prevented the other party from having any contact with the child? No. . . If so, state the circumstances: N/A 7. Do you allege unfitness of the other party? No. 8. Do you allege improper home environment? No. 9. What other issues will be presented to the Court? None at this time. 10. Do you plan to raise emotional or psychological problems of the children or other involved? No. 11. Do you request psychological evaluations? No. 12. Will you agree to the appointment of one neutral psychologist to be used by both parties to perform psychological evaluations? N/A. Costs to be paid by: Respectfully Submitted: es D. Wolman orney J.D. No. 20072 53 North Duke Street Lancaster, Pennsylvania 17602 (717) 396-7866 Attorney for Defendant . . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYL VANIA CIVIL ACTION - LAW JOHN C. DARCY, III VS. NO. CI-Ol-I0676 MARIE Y. KNAUB N/BIM MARIE Y. SMILEY CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Custody Conference Memorandum on the person and in the manner stated below which service satisfies the requirement of Pa. R.C.P. 440. SERVICE BY HAND DELIVERY TO: Patricia L. Dunlevy, Esquire Sorrentino & Savoca 600 H Eden Road Lancaster, P A 17601 And Tamara E. Showalter Custody Conference Officer Lancaster County Court of Common Pleas 5(} North Duke Street Lancaster, Pennsylvania 17602 Date ~ 1,'3 (0/ am s D. Wolman, Esquire rney I.D. No. 20072 Attorney for Defendant ~ . . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVil ACTION - LAW JOHN C. DARCY, III Plaintiff v. No. CI-01-10678 MARIE Y. KNAUB nIb/rn MARIE Y. SMilEY Defendant CUSTODY CONFERENCE MEMORANDUM Subrnitted by Patricia L. Dunlevy, Esquire, counsel for John C. Darcy, III. 1. The Plaintiff is the biological father ("Father") of the child. 2. Child: Megan Renee Knaub Date of birth: April 7, 1995, age 6 3. Father requests prirnary custody of the child subject to Defendant! Mother's periods of partial physical custody on alternate weekends. 4. The present custody situation is as follows: Presently, Father has partial physical custody of the child every weekend frorn Friday at 5:00 p.m. until Sunday at5:00 p.m. The lancaster County Court of Common Pleas entered a temporary order on November 7, 2001. The prior custody order was entered in Cumberland County on July 14,1999 and is docketed to Curnbertand County No. 96-433. The prior Order, which was based upon the agreement of the parties, provided that the child would attend school where Father resides. Copies of the Orders are attached hereto. 5. The present custody situation has existed since September, 2000. 6. Has either party prevented the other party from having any contact with the children? Yes. On November 2, 2001, DefendantIMother agreed that Father would have the child so they could spend time with Father's relatives. When Father arrived to retrieve the child, Mother and the child were unavailable. 7. Do you allege unfitness of the other party? No. 8. Do you allege irnproper home environment? No. . . 9. What other issues will be presented to the Court? Mother seeks permission to relocate with the child to Delaware. Father opposes the relocation because, inter alia, Mother has relocated approximately 23 times in the last 4% years. Furthermore, Father believes it is in the child's best interest to reside in his primary custody and to attend school in the district where he resides. 10. Do you plan to raise emotional or psychological problems of the children or others involved? No. 11. Do you request psychological evaluations? No. 12. Will you agree to the appointment of one neutral psychologist to be used by both parties to perforrn psychological evaluations? This is not necessary . Respectfully submitted, SORRENTINO & SAVOCA By: (J.mJ/';diJ.f)no~~ Patricia l. Dunle uire 600-H Eden Road Lancaster, PA 17601 (717) 519-0805 Attorney 10 No. 75567 Attorney for Plaintiff Date: December12,2001 :=-=-0"" . '- . , tl I I t ~_! ill ~ sl; t I f ~ t . i J FAX NO. Dec. 06 2001 01: 25PM PS Ii I , I . . lN THE COURT OF COMMON PLEAS OF L.ANCASTER COUNTY, I'ENNSYL VANIA ;, CIVIL ACIION - LAW 1, II ! JOHN C. DARCY, 1II VS. No.: ~T' DI -10(" '1 b :'~-I , . , _:.1 " ' - , MARIE Y. KNAUB N/BfM MARTR Y. SMILEY . , ., ORDER - " I ~. r..-=, ,I , ....,) You. John C. Darcy, III Respondent have been sued in court to modify cllstody of-the 1. You lII"e ordered 10 appear in person al 50 North Duke Street, Lancaster Counly C\lurthousc, Lancaster, Pennsylvania, on '7).;~"(,R ,.,.,r.,...f Ii' , 200.1. tit I II : Pb o'clock L . m. for a conciliation confcrcnce to be held in Conference Room II number 3tJ~ before Custody Conference Officer--~~H9.. <, '~:....\,(... :)U~ I 2. Pending the custody cC)oference: I' (Court selects option) ./ [ J No temporary ordor is requelited I [J II [] I , I il I I I I d II The ccurt i/>.~ues no ICmpof'lll'Y order The custody Order (Date and referonce numher) remains in etlect. With the tbllowing rcvisiollll (if applicable): FROM : I , ~ (.~ \;:~ ).1 I ,-'!l if L~ "l .. 'i >~ i~; '-',' :.lll. ~ J " \:1 i ~f J I I i , >l ~ FAX NO. Dec. 06 2001 01:25PM P6 . . -W::- The court cnlm the following Temporary Order: Pending the custody conference scheduled abovc, Primary physical custody of tile child. Mogan Renee Knaub, shall be with Plaintiff Marie Y. Smiley. Detendant John C. Darcy, III, shall . have pllItial physical custody every a8r week from Friday lit 5:00 p.m. until Sunday at 5:00 p.m. !I In addition, the child shal1 attcnd school at Rivervicw lilemenlllry School of the Donegal School i' Di.'ltricl unlil.a.~er is cntered ill this ll1lIllCr. ! 3. --Tit"oqUfred OrieDtation: i ! YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE . SET FORTH BELOW TO I'lND OUT WHERE TO GRT LEGAL HELP. I I , I I I COURT ADMINISTRATION OFFICE 50 NORTH DUKE STREET, 1'0 BOX 3480 LANCASTER. P A 17603.1881 (717) 299-8041 '="RCM : I' , ~ 't t I r~ I..".... - ~ . ~ :/ I !J: . , -~ . .1 FAX NO. Dec. 06 2001 01:26PM P7 I ,\ II .' . AMERICANS WITH DISABILITIES Aci' OF 1990 The Court of Common Pleas of Lancastcr Cowlty is required by law to comply with the I Americans with Disabilities Act of 1990. For information about accessible filcilities and reasonable accommodations available to disabled individua\.~ having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to MY hearing or business before the court. You must attcnd the scheduled confcrcncc or hearing. , 1i II 1 BY TIlE COURT: /S/ LESUE GORBEY ~ I DATI*U '; I I A 1TF.ST: I , , ., Copies To: James D. Wolman, Esquire ..\"t.:t,...', -.,,'\' ~j:.. r..,..'!.).... ..~.' '... . . NOVO '1 UllH FAX NO. : Dec. 717~~10S FAl(:71? ~ 06 2001 01:29PM Ft! p.3 FROM: __.... ..... ..."',., , UOl.l FiLE tlo.214 11Al2 '01 16~~ ...1 $IiF:E SO{. /lIST f'ft;C ~ .. -- v. : IN THE COVRT OF COMMON PLBAS : CTJMBBlU.AND COUNTY, PSflNSYL VANIA : ~53 CML leP.M JOHN C. l>AIlCY. Ill, PI.lntlfr MARiE Y. KNAUB, Dc:l'andllll : CIVIL ACl'ION - CUSTODY '~ , ORQ~R 011 romrr AND NOW, lbb ~ day Of~. 1m upon coaalderaclon or 1M '\\aChed Stipullllon II is heu"b)' ordered llld dlrectt:tl as follows: 1. Molher aad (ather shall bave llllrcd 'filII QUlltody of said child In lh111 clCh I*ICPI ..II have In CQUlIl riJbc. to be cXtl'l:iled jointly .with IlIe otb;r rlml, 10 make ." major Ila_PIleY dccition. af{ccdnW tl\C child'. seaen.l WIIII-beiqj 1na:llIClioll, bulllOllimkclJ Ill, :. ~1I1lod$i-.ma ra..rdin. her heJllll, CIIllOllion .llCI rell,loD; 2. the partiollballahare physical CUllody of lhc child on la .I~rllllllll scbcdule. 3. Thll father', ",hIS 10 clI.\Ody .hall be'llwclUd by ll1e radler'. IilUll:et, Olncer Dt$lalltiu. II 1nrla u lhl: I'a1I1or I. ollher encased Dr married 10 Olnpr DeIl'"IIer; 4. 1bc lllChalljlC of Cll410cly sllall like p\&ce wilen IIlC moillcl and/Dr srcpfalhor picks up rb, cblld on WcdllClday aI 6:00PM .nd tile lalMr ancl/or Oill8cr DesIAllrlcr plckfi liP ~ .., . , lbe ~lIcl on SellltdAy 116:00J'M, )-" TIIc tl\lMtI&lll\a cllllody schedule shall collflnue 111 clfa!:l umlllUClllbnc II lbe ~l\i1d bCllim schulll. al which lime rlu: parlier. a,..- m.r \.be clllJd .11I11 be enrolled III lilt $bOO! dl~lrlClID wbich the talhet re.ideJ: 1 fRO"! , FAX NO. : Dec. "1"Jlf310~ FAX'?I? 93. 062001 01:29PM P3 p... . - - - - --.... Www 'f H'..E l'lo.214 11.102 '01 11;:3;. .~r SIO<( $CHL DI51 ~ 4 ;,t 6. TIle parties 5hall .bllre or lIlCClllll1e haViIlll cuslOdy of llle dlUcI 011 holiday. II ;mnnsOd lIy nlllNal tlIreOllltlll of tIlo PUll"", 7. 'flu: ptI'1y reecivlllC C\ISIody of Ihe ehUd ~Ilall be fqJlOllilble 10 pro~idc trr,llJpomIion l'or IlIe u~lIqe of CWltody; 8. The pa"lc~ .hall keep cadi oIlier immediacely ad~laacl a, 10 A/I)' omcrllcncios . ccmcernla, IIlo child and aball further lIlce AllY n<<ellll'Y ,(elM 10 Il1SUI"e IIlaI tho heaJlh .nd well.belna of lhc c:bild I, always proreeled: 9. The panles ./1111 ptovidc eKh ull\U with.u homo and work t.clcphotw IlUlnbel"$, II well.. C\lrllllll addRnCs fur each or tile plII'llea; \0. Nclll'lCt ~ mall clo \11 IkY anylblllc. wb\ClllllDY ~lfanae the chilcl ftnm the elllar pany, Pillr., die upial<>1l oflbe child II te II1e owr party, or halllper Ille frCl.l apd MlIllnl 'j ~\1:lopmenl of Lbc l;biJd', love and IClpeCI for lbc Dlber patty. The Jllllticl .bAII elll\ltc lhal alllhkd pttties ill lhc hoarloelllll piaell(:C of 1I1a chJld comply with litis pfoviaion; 11. The pllrtics .ball cm1llI1: 1lIa11he eIlIIcIlIM 1'WCl1llble Iclcphonc COQracr with IlIe ~I\'oI:\IIIOClW PInY; 12, The panielIlIllIY modify lho provisions uf Ibis ......mont by I\'IlKIW ~llIClIt. In llw abscllce o(mulllal coNeDl, rho termI oftbil ..",emelll ahall CDl1lrol. BY THB COURT, TP.lJ1i COllY Fr.OM Il.ECOIU) I:> ': .' U:~~1 \'Ih<<"'~, I in" ,.rr') :,Ill nw bend 1f. j H',J $1>11 Oll.lid (quO 31 '.rl;:I~, 1'4. This ....I,S":~:, r",y 01. ...~:...., 19..~~. _1t.'I~ 1". ~...,_.......' ------ ~'.P~hollol.ry e~/ ~.(L~ EOOAR B, B^ VUiV. j .~: , . . . I' ;.._So I "''61 t IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW VS No,: CI-OI-I0676 -0 0 :n C1 :;e: S)-~', 0 -- . (')" 0, tr --J ~ r:: -':', ;.x:. , ..., " -, -rc,-, ''1;' )>,~,;/: .'JI '-, (;) '0) >,=:] rn \.'J MARIE Y KNAUB N/BIM MARIE Y SMILEY JOHN C. DARCY, III AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL V ANlA ) ) ) SS, COUNTY OF LANCASTER JAMES D, WOLMAN, being duly sworn according to law, deposes and says that he is the attorney of record forthe Plaintiff and as such attorney, on November 7, 2001, he mailed a true and correct copy of the Complaint for Cusody and Petition for Special Relief to the Defendant by Certified Mail, Restricted Deliver, Number 7099 3400 0012 90217536 Return Receipt Requested, together with a cover letter, a copy of which, and the sender's receipt for certified mail are attached hereto and made a part hereof This Complaint for Custody and Petition for Speica1 Relief and letter were received by the Defendant as evidenced by the signature on the return receipt card which is attached hereto and made a part hereof SWORN and SUBSCRIBED TO before me this 14th day of November, 2001 VtUuu.l ~M7 Notary Public My commission expires: __11I1. C. JIlWU. """'" PWUO I.encaIIef County, PA My Comm;,,;'''' ~.."'.?' rwch 31, 2003 VAI.ERIE E. CHRISTMAN, NOTARY PUBUG I.Ilnl*l8r CoIrty, PA My Co:III.,...... ElcpIrw IolIIIlh 11,100I . Q..1-CI-aO(plVl pL. , . . **** ~ ~~ ~ , JAMES D WOLMAN ATTORNEY ATEAW 53 NORTH DUKE STREET, SUITE 309 LANCASTER, PENNSYLVANIA 17602 (717)396-7866 FAX (717)396-0924 November 7, 2001 John C. Darcy, III 6 Plainview Road Camp Hill, PA 17011 RE: Marie y, Smiley vs, John C. Darcy, III NO, CI-OI-I0676 Dear Mr. Darcy: This Office represents the Plaintiff, Marie Y. Smiley. Enclosed please find a time- stamped copy of a Complaint for Custody and Petition for Special Relief, which was filed in the Office of the Prothonotary on November 7, 2001. You will notice that a Custody Conference has been scheduled for December 13, 2001, at 11 :00 a.m., in Conference Room #306. Also, please notice the requirement that you see the custody video 45 minutes before the conference. If you have an attorney, please give these papers to him or her immediately, and have them call me, If you do not have counsel, feel free to call me yourself Sincerely, m~ James D, Wolman JDW/vg Enclosure cc: Marie Y. Smiley '"," . . Ct-OJ-IDl.olLP 3 . 1-., '='i;;"'~",'!'''-';'- JlIIIowilhlD....... ;::&- -. - faI( .v.....CfOr.. ,---...-.....-"'....-......--.... 1IlInI1It): .=:.r:-_..._"'.............._.__... 1. C JIdIt. II'SAddrete I , :F.;::rr- 1.~..""L,:~;:.,':.-=--=~~~= 2. dlFlssllUoodDeh8ry ~ - CclnMt~r..~, I rfOr,... f J JDhn C ';.,0;,11/ :",,"" ...... J ~ Pla.,nv,cw Rd 0 ~MII 0'- f C!amp Ifil,) PA f7DII 0 1IIUn...1Dr....1lI....... 0 COO .l 7. I 1 ..D rT1 LI1 "" Certified Fee N Return Receipt Fee .-:I ,(Endorsement Required) C Restricted Delivery Fee C (Endorsement Required) g " Total Pomg. & F_s $ ;;; ::MP.i1l.ri~~'~,rl15l __lhg:j~_O~~/~::~/zr~~_________________________...+____ 0- 's -~~. . No.' or PO Box No. , a- /1lnVle./Q mm.............. C ._ u" zip .... . ____ n_ ________..........._hh______ r""-- .' , . r . /""""'\ , '~ .. " ... DA; , <"" i)Vt, II - -"''tl,(~1 2) '6/ "f-o . . ~ \ ~ . -0 :;;0 0 o _ IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNS~ V:ttNI~ CIVIL ACTION -LAW S:'~; ~ ~,~ ~~ ~ S JOHN C. DARCY, III r;;:::~ ~ ::, ~. (" p VS. No.: ~T -0 \ - \ bin"'1 ..;;~~ :: b w MARIE Y. KNAUB N/BIM MARIE Y. SMILEY l"cl ORDER You, John C. Darcy, III Respondent have been sued in court to modify custody of the child namely, Megan Renee Knaub, born April 7, 1995, now age six (6). 1. You are ordered to appear in person at 50 North Duke Street, Lancaster County Courthouse, Lancaster, Pennsylvania, on \) if &JY\ bzr 1.3 .2001, at \ ,". 00 o'clock ~ . m. for a conciliation conference to be held in Conference Room number 3DL, before Custody Conference Officer ""lO-.r\o.fCL E 0\iD\..L)~ \v:- 2. Pending the custody conference: (Court selects option) [] No temporary order is requested [ ] The court issues no temporary order [] The custody Order (Date and reference number) remains in effect. With the following revisions (if applicable): , . . 01-10676 I)Q The court enters the following Temporary Order: Pending the custody conference scheduled above, Primary physical custody of the child, Megan Renee Knaub, shall be with Plaintiff Marie Y. Smiley. Defendant John C. Darcy, III, shall have partial physical custody every .... week from Friday at 5:00 p.rn. until Sunday at 5 :00 p.rn. In addition, the 9hild shall attend school at Riverview Elementary School of the Donegal School District until l\ ~d? is entered in this matter. 3. 1l1t&J\J1feCJ Orientation: a) In addition to participating in the conciliation conference as scheduled above, all parties named in the caption of this case shall view a custody orientation video which will be shown 45 minutes before the start of the custody conference, but in a difference room from where the conference will be held. This orientation will explain court procedures and some o the considerations which are taken into account in a custody case. b) Unless specifically directed by order of court, no children shall be present at either the video orientation or the conciliation conference. For those cases in which the court directs a party bring a child or children to the conference, the supervision requirements of Local Rule 1915.5(b) C apply. c) The video will be shown on the fourth floor of the courthouse in room 402. A bailiffwill be present to verify your attendance on a form which you must provide to the conference officer at the beginning of your custody conference unless court documents in the record of prior proceeding in this case chow that a party has viewed the orientation video within the last three years. Also, if you prefer not to attend this orientation session at the same time as any other party in the case, you may arrange in advance a separate time to view the video on another day prior to the day of the conciJation conference. However, all parties must attend the conciliation conference together. d) If you rail to appear as provided by the order, an order of custody, partial custody, or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE TO GET LEGAL HELP. COURT ADMINISTRATION OFFICE 50 NORTH DUKE STREET, PO BOX 3480 LANCASTER, PA 17603-1881 (717) 299-8041 " t . .01-10676 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Lancaster County is required by law to comply with the Americans with Disabilities 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. BY THE COURT: DATE: ~ Il11 0\ -';1 ATTEST: Z::6~ ~ J.iWM'~ Copies To: James D. Wolman, Esquire ( L-f ') NOTICE OF ENTRY OF ORDER OR DECREE 'QSUANTTO PAR C.? NO:23F lf1CA1l0N;rH:: !~ liACHED ,':' BEEN FILED IN THIS CASE ., 'Ci \IQlHOt.'ITrARY OF LANCASTER CO., I ," QATE: NOV U 7 2001 . . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN C. DARCY, III VS. No. aX ~ (J/ -I ()t; 70 MARIE Y. KNAUB N/BIM MARIE Y. SMILEY PETITION FOR SPECIAL RELIEF 1. Petitioner is Marie Y. Knaub n/b/m Marie Y. Smiley, an adult individual, who is listed as Defendant in the above-captioned matter, who resides at 1049 River Road, Columbia, Lancaster County, Pennsylvania 17512. 2. Respondent is John C. Darcy, III, an adult individual, who is listed as Plaintiffin the above-captioned matter, who resides at 6 Plainview Road, Camp Hill, Pennsylvania 17011. 3. The parties of the natural parents of one minor child, namely Megan Renee Knaub, born April 7, 1995, now age six (6). 4. On July 15, 1999, the Cumberland County Court of Common Pleas entered a custody Order with regard to this child. Said Order established shared legal and physical custody of the child between the parties, except that Respondent's shared physical custody time was to be exercised by his then fiance because he was, at that time, incarcerated at SCI Greensburg. Said Order also recited that the child, when of school age, shall attend school from Respondent's home. A copy of said Order is attached hereto as Exhibit "A", and incorporated herein by reference. 5. The above-recited arrangement lasted about three months, at which time Respondent's then fiance broke up with him, and informed Petitioner she would have no further . . 01-10676 involvement with the child. Thereafter, the child remained in Petitioner's primary custody, and Respondent had no contact with the child until July 2000, when he was released from prison. 6. Respondent was released from prison in July, 2000. Since then by agreement between the parties, he has been visiting with the child every weekend, frorn Friday at 5:00 p.rn. to Sunday at 5:00 p.rn. Also, by agreement of the parties, the child attended kindergarten from the school near Petitioner's home (Riverview Elementary School) during the school year of2oo0 - 2001, and commenced attending first grade at the same school in September 2001. 7. Petitioner's husband has the opportunity of a transfer to a better job in the State of Delaware, and on November 1, 2001, Petitioner filed a Complaint to Amend the prior custody Order, seeking permission to move with the child to the State of Delaware. 8. By letter dated November 1,2001, Petitioner, through her counsel, gave Respondent notice, according to Local Rule 251, of her intention to seek the above modification of the 1999 custody Order, along with her intention to present said Complaint in Family Business Court on Thursday, November 8, 2001. A copy of the letter sent to Respondent is attached hereto as Exhibit "B", and incorporated herein by reference. 9. The Local Rule 251 letter was received by Respondent on November 2,2001. On that same date, he went to the school nearest his home (The West Shore School District), and enrolled the child in that school district. A copy of Respondent's enrollment form is attached hereto as Exhibit ''C'', and incorporated herein by reference. 1 O. On that same date the West Shore School District fi:lxed a copy of the enrollment form to the principal ofRiverview Elementary School, along with a copy of the July 15, 1999 Cumberland County Court Order. . . 01-10676 11. The principal ofRiverview Elementary School has infonned Petitioner that , in view of the enrollment form (Exhibit "C") and the 1999 Court Order, the child can no longer attend Riverview Elementary School unless a contrary Court Order is entered. 12. Petitioner believes and therefore avers that Respondent's actions in changing the child's school enro1lment in the middle of the school year is motivated by anger towards her for seeking to modify the July 1999 Custody Order, and moving to Delaware with the child, and is intended as means of changing primary physical custody of the child to himself. 13. Petitioner further believes and therefore avers that it is not in the best interest of the child to yank her from the school she has been attended last year and is attending this year because Respondent is angry at Petitioner. Rather, Petitioner believes it is in the child's best interests topreserve the status quo, including remaining in her current school, and living in the same circumstances, until the court enters a final Order in this matter. WHEREFORE, Plaintiff requests the Honorable Court enter an Interim Order confirming the current status quo and specifically directing that the child be enrolled in Riverview Elementary School in the Donegal School District until a final Order is entered in this matter. Respectfully submitted, -~ D. Wolman, Esquire #20072 53 rth Duke Street, Suite 309 Lancaster, PA 17602 Attorney for Petitioner Date: n\1kl ~- - . 01-10616 . . " 1;'\". , l' Exhibit 11 A" Ngv 05 2001 9:28AM DSD , 'FILE ~.214 11/02 '01 16:36 1D:\.lEST SI-m sot. DlST . 7174263105 FAX:'l17 932 1826 . p.3 !'roE 3 .- '---. 0,1 ..; 1 0 6 7 6 JOHN C. DAIlCY, In, Plaintiff y, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PBNNSYLV ANIA : 96-433 CIVIL TBIlM MARIE Y. ICNAUB. DcfendUlI : CML ACTION - CUSTODY n.... 01' COURT AND NOW, tbls.cL day of ~. 1999 upon COIIIldendlcm of the IUIIChad SlipulltJon il il he~ ordered and directed u follows: I, Mother aad ~Ither .11I11 have .llared IIpI c;ualody of .aid child III hi each plrelllllla1lllave all equal riIhC. to be llXClrc:ised jointly ~Ib Ihe Dlber pamlt, 10 II1Ike alllllljor non-emerseney decilioM .~ tho cblkl's ..aew WlIlJ.beq IncludiDa, but IIOllImIIed to, all del:lsiORlroprdlna .... bcaldI. ecJucllioD aQd rellJlou; 2. The pll'tiet IbaU .bare physical cullody of the dUld on an lllemIlIllIlCheduIa; 3. The fJatbcr'a rillttIlO cUltody ,hIJ.I be'exerclsed by die radler's n~, Glnaer Detlaurier, II lnlllll die fal11er ia either enaqed or married to OIApr Dealaurler: 4, The axdulnae of CIIItody sballllke place when die IlIllther Indfor .tepfldlOr pica up tlw cbild on Wedllllsday It 6:00PM and the father Ind/or Oilller Deslft\lrler pick. lIP the chlld on Sallml&y II 6:00PM; ~ S. TIte IIIlCrnltina cu.tody sc:IIedule IhllI condnue In ef'l'lc:t umlllUCh time ftl the child bclllll school, Dt whidJ time the ""rtm II" thar tIlo clIiId .hllI be enrolled in tile .chooI districlln wbK:tlIbc tither relides: . NpV 05 2001 9:28AM 'F1Lt' No,214 11/02 '01 16:36 DSD ID :I"'ST StOlE SCHL D I ST . 7174263105 F~'717 932 1826 . p.4 flI:G: 4 01-10676 6. The parties lhall ahaR or aJlCI'IIIfe Iltvllll clllUlll~ of "" child 011 holldaya as KlTl\II8ad by nlIIlIlllI aarcement of 1M pantea; 7. The PArty melvlna CIIS/Ody of the child .Mll be l'CIJlOllIlble 10 provide tntDlportalion for IIle llllcblllllc of culllOdy; 8. The plnie' ahall keep each olIIIr immediately advlled II co any emeflmeioa . concernllll llle cbild AlId ahall (Ul'lher like any neceawy lteplla enaure lhalthe he,Ulland well-bellll of the cbild II alW1)'1 proJeCled; 9. The parties slll1l provide IllIClb otller Willi aU lloIIIIIand wort lClcphot1e IlIIl1lben. II well ... e\lmIIl addrllulll for each of lbe partla: 10. NcilbBr parly shall do or lay In)'lblDc. wblcllcoll)' ..Iranae Ihe child rl'Olll IIIe othl:r party. qurc \be opiJaion of I_ child as 10 the 0Iher pany. or ulIlpIl" lbB froll lad IlIlUrlll dcvclopme1ll of Ihc chUd'l love Ind respect for the Olber 1'11'1)'. The panlcl lhall OIllUle IhaI all dlltd parties in IIlo belrilllllld presence of tho child comply wiIh lhis pmltion; 11. The plrties "'U IIIIUIa Illalthe 1:h11d lIIa rellOIIIble Ielopllofto COIllltt wldllbe 1lllIK1ItlOllial pany, 12. The penJea IIlIY modify IIlo proVialolll of llria aareement by lllUIIIIl ClIIISelIt. In lbe &bscra of mulllll COIlItDI, the termI of Ihilapemeat abaU contrOl. BY THB COURT, TPJJ~ COllY FROM RECORD I:' 7 ,"'!f:1~~ ,',her~~~. I 1,,,r'J "rl.' .\11 ftW hand 11'.1 I;',J se;al of s~id (""11 al (R~I::l!. pa. This ....IS:~.. day .I,..,~;..., 19,1f~, ..u..:.L 'I.. ,.~;.. ............... ---~. "P~IIIY 1.'(' ..r~&^ ~~ BOGARD, BAYLEY, 0 It' << . . 01-10616 " \ ':, \ I , ; 1 I I \ '" I I ,I " , \ , :1 '\ :; 1 i ',i, ':1 , \, I,: \ , " '~ \ \ \ : I I " J 'i i , ! i , , Exhibit "B" 't.. i John C. Darcy, III 6 Plainview Road Camp Hill, PA 17011 . . JAMES D WOLMAN ATTORNEY AT L:AW 53 NORTH DUKE STREET, SUITE 309 LANCASTER, PENNSYLVANIA 17602 **** (717)396-7866 FAX (717)396-0924 E-Mail: Wolnlanlaw@AOL.com November 1,2001 RE: John C Darcy. III v. Marie Y Smiley Dear Mr. Darcy: 01-10676 fILE COpy Enclosed please find a Complaint to Modify Child Custody Order which I intend to file in Family Business Court on Thursday, November 8, 2001. This is served upon you pursuant to Local Rule 251, JDW/v Enclosure cc: Marie Smiley Sincerely, &:.:~ " .. ." J <I . . 01-10616 EXHIBIT "e" NQV 05 2001 9:28AM DSD . " 'Flit No.214 11/02 '01 16:35 !I):WEST SIIRE SCH.. DIST . 7174263105 FA)(:717 932 1826 . p.2 PIG: 2 01-10676 CONseNT FOA "ELBAI. OF INPORMATION: INCOMING (FOI _ undfr BoIrd ,., Elel I. -:r~" ~'~ ..gllllCllllllpINIIlorg~oI (pltnIt*IfII..""'" I M.@Aa.^ ~.....J h . WIIO.. dIle of blrlh " iJ j., / q <"' (\Im1~1l&Int) ~~ bIo1h) Qrllll my con.ant tor t)b~ \ <"cl......\ ,4.~"...,. "~~. ~il(m'e,w~~ 10 .....lnfomlelfGrllnlm "1IoNIlMI,IIolIlClCftIlct. racam 10" WII18~ SOhoolI)lllllal, 'I" IIIl' undtrtttdldlng ,,,., "-" '-dt will be ulllcl for JIIIIPCI''' 01 ~" In IIlIlI'OPflllt lduoatIoItll pl'DgtMl Ind will rio/lit ......8d 10 any ouhIIde IQIIIlCY III pMo/I WIthouI my permInlon, The /nfo1l\lll1On ..,.... '"'" ,,,.-. tUOllldUClllonll, p~GQIcal, or /NdIoI1 "GOlde II ,.quIIIlId by !he w.a.... ScIllIlll,DIIlltGIIIllI ~4OIh.d 011'" Gf\tGllIItl at...1loIlo1II ollt1l1lo11n. Pit... fOIWIftl 11I/ DII..... ---- .. _ II plMllblllO ....1ddrM. 1h0lm 1lI/ow. .~~ ~' ,........llf I~/~/' -L Acedemlo F\Ioordl PIIMe incIIlcIe Iub/ICI gradIt lOt In. CIIIII'Iftl Y'" \0 '" dill of wIIhdtawat. -L ~IIV F\IooIdI' , 'AI pw o'leIlI of ,...... cerllhd -" IheII be \Irollldlcl wIl/lIIIlII1 (to) _ of IlICIfpI tllIliI....... _L PIydlofogIaal R-..,QR .-L.. MuIU'OIIclpIrlIIV" 1'1/\ (Mali) -L. lndI<"lduallZU Edur 11,., PIogtIm (llIP) .-L.. NollGlr 0/ AmlMltl_ .wV,"*d (NOAA) -L. RamIdlII PNpn MalIrtaII -L. Htahh WId DanII/ RacIaIdt NOTe: In """'-I,"M, lllIOIIllInI'n"'h ....IlIIdPA ....HNIIIlGlllll_bl..." All ~ ." tracAd lrom our AcImInillrlllon oIIIoa - 0IIti folWlfd to..... baIow. .- -.... IU -- .., "IGII""'''. PUPIL ""VIOl' WilT IHO". 'CHOOL DISTRICT 11.0. BOX lOt MIW CUMBE"LAND" IIA 1707....01 TlEI.II'HOl'tI, 717.1$....77 I'AX:717-t1..111. '.. .-~ -I. .. . . 01-10676 VERIFICATION I verify that the Statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Y77aw- JJi)m!c~ Marie Y. Smil r'\ ". r')<...~, ..... ".~..,.." 'cf) r'\ , ~< ~-...j~ /;-OtK .~'" 7 -0' / c;: ')/-'" / ~ . .' ~ . . II . ~ . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, P~YLV ANlA CIVIL ACTION - LAW g 0 ,---...... '% ~ '::r: C> ~ :r..... 6 .- rT1 Z;z - ;0 ~~ ~ No, CI - 0\ - \ ()CO~35' (?C ::~,J -<.: ~ -r1 - UJ r==- - eTl Cl JOHN C. DARCY, III VS, MARIE y. KNAUB N/BIM MARIE Y. SMILEY , :~'" ",' W N ."1' ORDER You, John C. Darcy, respondent have been sued in court to modify visitation of the child namely, Megan Renee Knaub, born April 7, 1995, now age six (6), 1. You are ordered to appear in person at 50 North Duke Street, Lancaster County Courthouse, Lancaster, Pennsylvania, on ~ ~,Qmbev /59 ' 200 L at 1.1:0 {) o'clock --1b.. ,m, for a conciliation conference to be held in Conference Room number ~~ before Custody Conference OffiC~ .ftl)UJ~ 2, Pending the custody conference: (Court selects option) [ ] No temporary order is requested [ ] The court issues no temporary order ~ The custody Order (Date and reference numbel:) remains in effect. With the following revisions (if applicab~: S~ (JfW W~.~ ~ {V1.h~ fw 5pwAJ Vdl Ui1JJ1J . . . 11-10676 [] The court enters the following Tempo Pending the Megan Renee have partial led above, Primary p. ical custody of t child, endant John C. cy, III, shall o 5:00 p,m. un . day at 5:00 p,m, 0/) Required Orientation: a) In addition to participating in the conciliation conference as scheduled above, all parties named in the caption of this case shall view a custody orientation video which will be shown 45 minutes before the start of the cusotdy conference, but in a difference room from where the conference will be held, This orientation will explain court procedures and some o the considerations which are taken into account in a cusotdy case, b) Unless specifically directed by order of court, no children shall be present at either the video orientation or the conciliation conference. For those cases in which the court directs a party bring a child or children to the conference, the supervision requirements of Local Rule 1915,5(b) C apply. c) The video will be shown on the fourth floor of the courthouse in room 402, A bailiff will be present to verify your attendance on a form which you must provide to the conference officer at the beginning of your custody conference unless court documents in the record of prior proceeding in this case chow that a party has viewed the orientation video within the last three years, Also, if you prefer not to attend this orientation session at the same time as any other party in the case, you may arrange in advance a separate time to view the video on another day prior to the day of the concilation conference, However, all parties must attend the conciliation conference together, d) Hyou rail to appear as provided by the order, an order of custody, partial custody, or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE TIllS 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 TO GET LEGAL HELP, COURT ADMINISTRATION OFFICE 50 NORTH DUKE STREET, PO BOX 3480 LANCASTER, PA 17603-1881 (717) 299-8041 II . . . · 01-10676 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Lancaster County is required by law to comply with the Americans with Disabilities 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, BY THE COURT: I~ DATE: II (1l 0\ ATTEST: ~~, Copies To: James D, Wolman, Esquire (,?J NOTa OF ENTRY OF ORDER OR DECREE ., fRSUANTm PA.R.C.P, NO:236 TIFICATION.fH[ ATIACHED DOCU1/" AS BEEN RLED IN THIS CASE ,'ROTHONOTARY Of IANCASTER ce.. r, DATE: NOV 0 7 ZOa1 .' . . 01-10676 IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW VS, -c' -" cS, r:, "'J..":>'.: :2:->:" C)~ No,CT- 0\ -1 DCoi(J'f} t:r'~' ':. .:Po -cv )7':-:::', -n c> \"T' c::> - ~1 :::.t "''1~'. ":;J JOHN C. DARCY, III a ..:: \ f') --J MARIE Y KNAUB N/BIM MARIE Y SMILEY ..." % r:? C:ll s:" -on r=: \3 COMPLAINT TO MODIFY CHTT n CUSTODY ORDER 1, Plaintiff is Marie Y Knaub n/b/m Marie Y Smiley, an adult individual, who is listed as Defendant in the above-captioned matter, who resides at 1049 River Road, Columbia, Lancaster County, Pennsylvania 17512, 2, Defendant is John C. Darcy, Ill, an adult individual, who is listed as Plaintiff in the above-captioned matter, who resides at 6 Plainview Road, Camp Hill, Pennsylvania 17011, 3, A. Plaintiff seeks modification of a Custody Order concerning the following minor child, Megan Renee Knaub, born April 7, 1995, now age six (6), B. The child was born out of wedlock C. The child, is presently in the custody of the Plaintiff who resides at the address set forth in paragraph one (1) above, D, Since the entry of the previous Order of Court, dated July 14, 1999, the said child has resided in the following places with the following persons: 1. From Julyl4, 1999 to present with Plaintiff at the address set forth in paragraph one (1) above, ( "(,,.(J() c(',1 "+7 Y .' . .01-10676 .' E. The mother of the child is Plaintiff who resides at the address set forth in paragraph one (1) above, She is married, F. The father of the child is Defendant who resides at the address set forth in paragraph two (2) above, He is single, 4, The relationship of the Plaintiff to the child is that of mother. She resides with the following persons: NAME RElATIONSHIP Terry Smiley Megan Renee Knaub David Smiley Thomas Smiley Amanda Smiley Husband parties' daughter son son daughter 5. The relationship of the Defendant to the child is that off ather, He resides with the following persons: NAME RELATIONSHIP Barbara Darcy Mother 6, The parties hereto have participated in prior proceedings concerning this child, The prior action is indexed at 96-433 in the Court of Common Pleas of Cumberland County, Pennsylvania. By Order dated July 14, 1999, the Court granted shared legal and physical custody of the child to the parties with a certain schedule of time the child was to spend with each, but with the understanding that Defendant's time was to be excercised by his fiance as he was then incarcerated, 7, The best interest and permanent welfare of the children will be served by granting the relief requested herein because of the following reasons: .' . . 01-10676 A At the time of the entry of the Cumberland County Custody Order refered to in Paragraph 6 above, Defendant was incarcerated, and his time was excercized by his then fiance, B. In October, 1999, Defendant's fiance informed Plaintiff that she had broken up with Defendant, and visits with the child stopped. C. Defendant was released from prison in July, 2000, Since then by agreement between the parties, he has been visiting with the child every weekend, from Friday at 5:00 p,m. to Sunday at 5:00 p,m, D, The child is now of school age, and has been attending school from mother's home, E. Plaintiff desires to amend the prior custody order becuase her husband has an offer of a job transfer to Deleware and is seeking the permission of the Court to relocate. F. Plaintiff continues to have the desire, means, and ability, to satisfy the child's ongoing needs, 8, Plaintiff has no information as to any other proceedings regarding custody or partial custody of the said children pending in the Courts of this or any other state, 9, Plaintiff knows of no person not a party to this proceeding who has or claims a right of custody with regard to the said children 10, Each parent whose parental rights have not been terminated and the person who has physical custody of the children has been named as parties to this proceeding, ,. . . 01-10676 WHEREFORE, Plaintiff requests the Honorable Court enter an Interim Order confirming the current status quo and then enter an Order permitting her to relocate to the State of Delaware, Respectfully submitted, Date: \1 \ \ 101 J e D. Wolman, Esquire #20072 53 orth Duke Street, Suite 309 Lancaster, PA 17602 Attorney for Plaintiff II . I .. . .01-10616 VERIFICA TIQN I verify that the Statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, ~4904 relating to unsworn falsification to authorities, ~a &nl~ . . -, . . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYL VANIA CIVIL ACTION - LAW JOHN C. DARCY, III VS, No, 01-10616 MARIE Y SMILEY CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of Comp1aint to Modify Child Custody Order on the person(s) and in the manner stated below which service satisfies the requirement of Local Rule 251 SERVICE BY FIRST CLASS MAIL TO: John C, Darcy, III 6 Plainview Road Camp Hill, PA 17011 ~ Date: ~l~ es D, Wolman, Esquire orney tD, No, 20072 Attorney for Defendant r . . ~ +t2 f: ~ atd I~~q-;)~ 3D ;y; i'. ~. ,..... r"""~" '" I 'I LA~ASTER CO~TY OFFICE OF THE PROTHONOTARY - COURT OF COMMON PLEASE - CIVIL to' ff;C, 1huY5. N"0i~) J, WI CIVIL COVER SHEET PLEASE TYPE OR PRINT LEGIBLY ALL INFORMATION REQUESTED. PLEASE UST NAMES, ADDRESSES AND SOCIAL SECURITY NUMBERS OF ADDITIONAL PLAINTIFFS AND DEFENDANTS ON A SEPARATE SHEET ZIP CODES ARE REQUIRED ~ John C. Dracy, III vs r~!- :?;'~.- f).: ,',:'" &;c___ -~.,-" fr\:.. ?'lv, j;';:< -,'", C'i rn ADDRESS: 1049 River Road Columbia, PA 17512 SS #: 210-48-5711 a ;c:: I \'oJ \11 ~ en "J "~3 FOR COMPUTER ENTRY :9~ <':', o - CASE NUMBER: c:s:: 0 \ - \ 0'" -, (p FILING DATE: ~ Marie Y. Smiley '"'" '% ~~ <:.:; ,~ c:::Il J;:" -'11 ~ t:J r:? ADDRESS: 6 Plainview Road Camp Hill, PA 17011 SS #: TYPE OF ACTION: custody JURY TRIAL DEMANDED: 0 Yes x No TOTAL AMOUNT IN CONTROVERSY: $ ARBITRATION: 0 Yes x No DIVORCE GROUNDS: o 3301 (C) o 3301 (C) OR (D) o 3301 (D) o INDIGNITIES o ADULTERY CLAIMS: o ALIMONY o ALIMONY PENDENTE LITE o COUNSEL FEES AND EXPENSES o CUSTODY o SUPPORT o VISITATION ~ o EQUITABLE DISTRIBUTION ':'? Tj'INCORPORATE AGREEMENT WITH CONi~/~o ~j:~T::~N/AGREFnNT 9( . . LA~ASTER COlfNTY OFFICE OF THE PROTHONOTARY - COURT OF COMON PLEASE - CIVIL 01-10676 NAME, ADDRESS AND TELEPHONE NUMBER OF PLAINTIFF'S ATTORNEY: JAMES D. WOLMAN. ESOUIRE 53 NORTH DUKE STREET. SUITE 309 City: LANCASTER State: PA Zin: 17602 IDENTIFICATION #: ATTORNEY'S SIGNATURE: IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY Court Administration Office HEARING/CONFERENCE - LENGTH OF TIME (MINS/HRS): one hour SPECIAL INSTRUCTIONS: DO NOT SCHEDULE ON DATES ON ATTACHED LIST November 2001 Novmeber 13 - am November 14 - am November 16 - am November 20 - pm November 21 - am November 26 November 27 November 28 November 30 December 2001 December 4 December S December 6 December 7 December 11 December 12 December 14 December 18 December 19 December 21 - am December 24 Jmuary 2002 January 3 - pm January 7 Janaury 8 - am Janaury 9 - pm January 16 January 17 January 22 January 23 January 24 January 2S January 30 Febmary 2001 February 4 - am . .01-10676 l JAMES D WOLMAN ATIORNEY AT LAW S3 NORTH DUKE STREET, SUITE 309 LANCASTER, PENNSYLVANIA 17602 **** (717)396-7866 FAJ{(717)3~24 PLEASE DO NOT SCHEDULE ON THE FOLLOWING v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA (}1~;L '-rra-l . ; NO. OL -4q~.J JOHN C. DARCY, III, Plaintiff MARIE Y. SMILEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF EXISTING CUSTODY ORDER AND NOW, comes the Plaintiff, JOHN C. DARCY, III, by and through his attorney, Melanie L. Erb, Esquire and the law firm of Scaringi & Scaringi, P.c., who files this Petition for Modification of Existing Custody Order and avers as follows: I. PetitionerlPlaintiff is John C. Darcy, III, an adult individual who currently resides at 2138 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Respondent/Defendant is Marie Y. Smiley, an adult individual who currently resides at 124 N. Hartley Street, York, York County, Pennsylvania. 3. The parties are the natural parents of Megan Knaub, age eleven, whose date of birth is April 7, 1995. 4. A May 1, 2002 Order of the Lancaster County Court of Common Pleas granted Mother primary physical custody and Father partial physical custody of the minor child. ... 5. The parties have entered a Stipulation for Custody, dated May 18,2006, wherein they agreed to transfer the case to Cumberland County and granted Father primary physical custody and Mother partial physical custody of the minor child. A true and correct copy of the Stipulation is attached hereto as Exhibit "A", 6. Father believes it is in the best interests of the child to modify the existing custody Order granting him primary physical custody of the minor child in accordance with the parties Stipulation. WHERFORE, PetitionerlPlaintiff, John C, Darcy, III, respectfully requests this Honorable Court modify the existing Order for partial custody because it will be in the best interest of the minor child, Megan Knaub. Respectfully Submitted, ~Jd1 PA ill # 84445 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 (717) 657-7770 Attorney for PetitionerlPlaintiff JOHN C. DARCY, III, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN~YLV~ : NO. 01, ~ ",q S'b - C,ui.L T~ MARIE Y. SMILEY, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY . if'1/'- THIS AGREEMENT, made this -p- day of ./1f~ , 2006, by and between, JOHN C. DARCY, III, currently residing at 508 Louisa Lane, Mechanicsburg, Pennsylvania, hereinafter referred to as "FATHER", and MARIE Y. SMILEY, currently residing at North Hartley Street, York, Pennsylvania, hereinafter referred to as "MOTHER", WITNESSETH: WHEREAS, the parties are the Father and Mother of one minor child, MEGAN KNAUB, born April 7, 1995. WHEREAS, FATHER currently resides in Cumberland County and will remain in Cumberland County but will be residing at 2138 Yale Avenue, Camp Hill, Pennsylvania, 17011 as of June 1,2006, and MOTHER currently resides in York County. WHEREAS, the parties previously had entered an agreement for custody in Lancaster County, Pennsylvania in May 2002. WHEREAS, FATHER and MOTHER have agreed under the aforementioned circumstances that an agreement as to custody, partial custody and visitation of their child would be in the interest ofal!. Exhibit "A" NOW THEREFORE, in consideration of the promises herein, and in pursuance thereof, the parties mutually agree as follows, intending to be legally bound thereby: 1. Father, JOHN C. DARCY, III, and Mother, MARIE Y. SMILEY, shall have shared legal custody of said child so that each shall participate in major decisions concerning the best interest ofthe child, including, but not limited to, medical, religious, and educational decisions. Each parent shall have access to medical, dental, and school records, and the residence address of the child and the other parent. The parent having primary physical custody shall provide the other parent advance information on a timely basis regarding school programs, events, meetings and teacher conferences involving their child. 2. Father shall have primary physical custody of the minor child. 3. Mother shall have partial physical custody of the minor child as follows: a. During the school year, on the first, second and fourth weekends of the month, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Mother shall pick up the child at Father's residence at the beginning of her periods of partial custody, and Father shall pick up the child from Mother's home at the end of her periods of partial custody. b. In those months where there are five weekends, Father may choose two of those fifth weekends per year, with thirty days written notice to Mother. c, For purposes of paragraphs a. and b. above, the first weekend of the month shall be defined as any month where the first of the month falls on Monday through Friday. 4. For the summer school vacation months, the parties shall alternate having the child in two week blocks of time. For purposes of this paragraph, the summer period shall begin the weekend after the last day of school, and ends the weekend before the first day of school. Transfer of custody shall take place on Sunday night at 6:00 p.m., and the party receiving custody shall be responsible for the child's transportation. 5. The parties agree to share the holidays of Thanksgiving, Easter, Memorial Day, The Fourth of July, and Labor Day, with the times to be as they mutually agree. Holiday periods of custody shall take precedence over all other scheduled periods of custody. Should such periods immediately precede or follow a scheduled period of overnight weekend partial custody in the partial custodian and it is also to be his or her holiday period, said periods shall extend through the intervening overnight. 6. Mother's Day shall always be spent with Mother and Father's Day shall always be spent with Father, 7. The parties agree that the Christmas holiday schedule shall be as follows: Mother shall have physical custody every year from 3:00 p.m. on December 24th until 3:00 p.m. on December 25th and Father shall have physical custody every year from 3:00 p.m. on December 25th until 3:00 p.m. on December 26th. 8. Each party shall take their vacation with the child during that party's two week periods of custody. 9. Both parties shall permit reasonable telephone and/or e-mail access to the child while the child is in his or her custody. 10. During any period of custody or visitation, the parties to this order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure to the extent possible that other household members and/or houseguests comply with this prohibition. r. 11. Neither party will smoke cigarettes or tobacco products and will not allow others to smoke in the presence of the children. 12. Each party shall encourage the child to love and respect the other and shall refrain from making derogatory comments about the other party in the presence of the children and, to the extent possible, shall prevent third parties from making such comments in the presence of the children, 13. Each party shall encourage the child to have significant contact with the other parent and shall make certain the child is ready on time for transfer of physical custody from one parent to the other. 14. In the event that Father is unavailable or unable to care for the minor child for any reason, the parties' agree that the minor child will remain with her paternal grandmother and remain in the Camp Hill School District until she graduates. 15. That neither parent shall travel out of state with the minor child without first obtaining written permission from the other party. 16. That Cumberland County is the appropriate venue for this action as the minor child will be residing there as a result of this Agreement. 17. That this Agreement shall be entered as an Order of Court in Cumberland County. ~~~ 7b. /fOHN C. DARC - ~~ ~~ 7J &J1i&y MA IE Y. SMIL ,.. VERTFTC' A TTON I, MELANIE L. ERB, ESQ., on behalf of my client, John C. Darcy, ill, verify that the statements made in the foregoing Petition for Modification of Existing Order of Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: L. ERB, ESQ. ~ iQ. -,::.; B 7'~ t 0 ..." ~ (") c.:;.> C c"'" ()t ""' ~::o ~ ~.,._. ~ -tJ -c..'t" (,..,,.. n1,.- ;-- ! G") '" -09 ~ N -::J ~ U1 Or',,? J-.. _i__ ~-n :r:"''' :~C) ..".. ~. '3n1 , "j 0 ,-t c.~ --I ~:.: .. ~ :;I 0 t;r. Ay v. SEP 11 2006 , IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA NO. D'- - ,qC;SJ e~tL ~"'-1'Y1. JOHN C. DARCY, III, Plaintiff MARIE Y. SMILEY, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER {t-,&~ l~ tL d7') ;) ~t!('t) 2..cz>' } AND NOW, upon consideration of Father's Petition for Modification of Existing Custody of the minor child, Megan Knaub, and the parties' Stipulation for Custody, it is hereby Ordered and Decreed: 1. Father, JOHN C. DARCY, III, and Mother, MARIE Y. SMILEY, shall have shared legal custody of said child so that each shall participate in major decisions concerning the best interest of the child, including, but not limited to, medical, religious, and educational decisions. Each parent shall have access to medical, dental, and school records, and the residence address of the child and the other parent. The parent having primary physical custody shall provide the other parent advance information on a timely basis regarding school programs, events, meetings and teacher conferences involving their child. 2. Father shall have primary physical custody of the minor child. 3. Mother shall have partial physical custody of the minor child as follows: a. During the school year, on the first, second and fourth weekends of the month, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Mother shall pick up the child at 1-" ') ':C':) <.,. j Father's residence at the beginning of her periods of partial custody, and Father shall pick up the child from Mother's home at the end of her periods of partial custody. b. In those months where there are five weekends, Father may choose two of those fifth weekends per year, with thirty days written notice to Mother. c. For purposes of paragraphs a. and b. above, the first weekend of the month shall be defined as any month where the first of the month falls on Monday through Friday. 4. For the summer school vacation months, the parties shall alternate having the child in two week blocks of time. For purposes of this paragraph, the summer period shall begin the weekend after the last day of school, and ends the weekend before the first day of school. Transfer of custody shall take place on Sunday night at 6:00 p.m., and the party receiving custody shall be responsible for the child's transportation. 5. The parties agree to share the holidays of Thanksgiving, Easter, Memorial Day, The Fourth of July, and Labor Day, with the times to be as they mutually agree. Holiday periods of custody shall take precedence over all other scheduled periods of custody. Should such periods immediately precede or follow a scheduled period of overnight weekend partial custody in the partial custodian and it is also to be his or her holiday period, said periods shall extend through the intervening overnight. 6. Mother's Day shall always be spent with Mother and Father's Day shall always be spent with Father. 7. The parties agree that the Christmas holiday schedule shall be as follows: Mother shall have physical custody every year from 3:00 p.m. on December 24th until 3:00 p.m. on December 25th and Father shall have physical custody every year from 3:00 p.m. on December 25th until 3:00 p.m. on December 26th. 8. Each party shall take their vacation with the child during that party's two week periods of custody. 9. Both parties shall permit reasonable telephone andlor e-mail access to the child while the child is in his or her custody. 10. During any period of custody or visitation, the parties to this order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure to the extent possible that other household members andlor houseguests comply with this prohibition. 11. Neither party will smoke cigarettes or tobacco products and will not allow others to smoke in the presence of the children. 12. Each party shall encourage the child to love and respect the other and.shall refrain from making derogatory comments about the other party in the presence of the children and, to the extent possible, shall prevent third parties from making such comments in the presence of the children. 13. Each party shall encourage the child to have significant contact with the other parent and shall make certain the child is ready on time for transfer of physical custody from one parent to the other. 14. In the event that Father is unavailable or unable to care for the minor child, the parties' agree that the minor child will remain with her paternal grandmother and remain in the Camp Hill School District until she graduates. 15. That neither parent shall travel out of state with the minor child without first obtaining written permission from the other party. BY THE COURT,