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Home My WebLink About06-6139 JUSTIN WILLIAM SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 06- (, /31 CNIL TERM BRANDI LEE TAYLOR, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Justin William Smith, hereinafter referred to as Father. Father resides at 753 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Brandi Lee Taylor, hereinafter referred to as Mother. Mother resides at 613 B - Apt 25, Geneva Drive, MeChanicsburg, Cumberland County, Pennsylvania 17055. 3. Father seeks periods of visitation with the minor children: Name Jadam Smith Present Residence 613B - Apt 25 Geneva Drive Mechanicsburg, P A Angel Smith 613B - Apt 25 Geneva Drive Mechanicsburg, P A The children were born out of wedlock. The children are presently in Mother's custody. Age 3/21/05 DaB, ~ 1 Yz yrs old 3/2l/05 DaB, ~ 1 Yz yrs old During their lifetime, Jadam and Angel have resided with the following persons and at the fOllowing addresses: Name Address Brandi Taylor LeI a Taylor Lieby's Trailer Park Carlisle Pike Carlisle, P A Justin Smith Brandi Taylor 613B - A25 Geneva Drive Mechanicsburg, P A -- Date Birth - 6/05 6/05 - 8/12105 -- Brandi Taylor 613B - Apt 25 Geneva Dri ve Mechanicsburg, PA 8/12/05 - 12/7/05 Brandi Taylor Justin Smith 613B - Apt 25 Geneva Dri ve Mechanicsburg, PA (Although not his residence, Father was frequently at this address during these six months for periods of at least 2-3 weeks at a time) 12/7/05 - 6/06 Brandi Taylor 613B - Apt 25 Geneva Dri ve Mechanicsburg, PA 6106 - present The parties are currently separated. 4. Mother currently resides with the following persons: Name Relationship Jadam Smith Parties' Son Angel Smith Parties' Daughter 5. Father currently resides with the following persons: Name Relationship Ken Smith Paternal Grandfather 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Jadam or Angel in this or another Court. 7. Father has no information of a current custody proceeding concerning Jadam and Angel pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of Jadam and Angel or claims to have Cllstody or visitation rights with respect to Jadam and Angel. - - 9. The best interest and permanent welfare of Jadam and Angel will be served by granting the relief requested for reasons including, but not limited to the following: a) When Jadam and Angel were born, Father was a consistent presence in their lives and saw to their daily needs. b) After Father's arrest and despite bail conditions precluding Father's interaction with the children, Mother permitted Father to come to the home and spend time with the children c) Following Father's incarceration, Mother permitted Father to stay in her home, with the children, for periods of time that stretched up to three weeks each. During that time, Father would care for the children while Mother slept and would provide for their various needs. This arrangement continued until late-July/early-August 2006. d) Father is gainfully employed and pays child support for the children. Father is committed to providing for the children's needs. e) Father committed himself to improving his situation by obtaining his GED while incarcerated and he is committed to learning appropriate parenting techniques through various service providers and self-help organizations. f) Father will cooperate with an order requiring supervision during his visits with the children and has family members who would be willing and able to act in a supervisory role during those visits. g) Mother is not acting in the children's best interests in ways including but not limited to the following: i) Within the past month, Mother unilaterally and arbitrarily decided that Father could no longer visit with the children in her home andl has placed burdensome limitations on the visitation he may have with the children. ii) Over the past year, Mother allowed Father to develop a relationship with the children, despite existing orders to the contrary. Her decision to eliminate or unreasonably control any future visits is detrimental to Father and to the children because it interferes with the parent/child relationships they have established with each other. iii) It is believed that In March 2006, Mother was arrested for possessIng marijuana and drug paraphernalia and that she was using this illegal substance despite having primary responsibility for the children. 11. Every person with rights to custody or having actual physical custody of Jadam and Angel has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of the children. 2) Grant Mother primary physical custody of the children. 3) Grant Father periods of visitation according to a schedule appropriate to his ongoing education with parenting skills and responsibilities while allowing him to nurture the relationship that already exists with the children. 4) Establish a holiday schedule so that both parties can spend time with the children on holidays. 5) Any further relief that this Court finds to be just and proper. J es ica Holst, Esquire Mid Penn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Justin william smith, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: /;" /, )" ,/ -,- lv/ 7/0b / / / ~~ /1 ! I .' /./ .' / ._ :;;'i [,k"''', ,c..._--'- /h~' J~ti i-t wi 11 i am smi th JUSTIN WILLIAM SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06- CIVIL TERM BRANDI LEE TAYLOR, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Brandi Lee Taylor with a Complaint For Custody on~, 2006 by certified mail, return receipt, restricted delivery, to the person and address below: Brandi Lee Taylor 613B - Apt 25 Geneva Drive Mechanicsburg, P A 17055 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: (C). \~ ,0'-0 Signat .N ~ ) (") ~ ~lt , ;:.1., ~' ,...., <::::> c.:> c.:r. o ,") -I N o o -n ~;;g :EfTl ~\9 ::::'jO I"', OES i$01 j;! ::u -< :bo :x .c:- O o ~ JUSTIN WILLIAM SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06- ~/37 CIVIL TERM BRANDI LEE TAYLOR, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Justin William Smith, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Je sica Holst, Esquire idPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 (") c $: \} cC' r1'.' Fr. Z-:i:-' ~i~: --<~ ~-: .r:: L~.- ~~~,~ . C ~- 2: .--01 -< r-.,) c:::l <::::> c;::r. <:::) CJ -; N o ~ :r mill -om :TJy ~6 ~~-..,.. -.or, ;'5:D ZLJ '-:) IT! ~ -< ::tJ> :.:!: :- o , - JUSTIN WILLIAM SMITH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YL VANIA v. 06-6139 CIVIL ACTION LAW BRANDI LEE TAYLOR DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 31, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 07,2006 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinj!. FOR THE COURT. By: /s/ Hubert X Gilroy, Esq. Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -, ~~-!f~~~~J - .L " r'" ~/i., I'I~? ~ ';PI? 'S'X 1 ~ ell :21 \~Jd 12 AON 900;~ ... ... .I.Y '! :!l Ii' -10 /LJVI(l':.: '..a'....'::;:j ..,Ii _ \Q,..L~;,,:', 1.-'..'.lj11' ::;,..)1::::",) l.... ,,:] '7rJ. Ie ,1/ '7f/.)(::} 'II t7tJ. Ie-II ,. 'Y DEe 11200G( . JUSTIN WILLIAM SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 06-6139 CIVIL ACTION - LAW BRANDI LEE T AYLOR, Defendant IN CUSTODY ORDER OF COURT AND NOW, this k day of December, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Brandi Lee Taylor, shall enjoy legal custody and primary physical custody of Jadam Smith and Angel Smith, both born March 21, 2005. 2. The Father, Justin William Smith, shall enjoy periods of supervised visitation with the minor children. The supervision for visitation shall be done by the Father's parents, unless agreed otherwise by the Mother. Father's visitation shall take place at his parents' home. Father shall advise the Mother on or before Sunday of each week with respect to when he wants to exercise visitation the following week, and the parties shall work together to set a specific schedule that will not interfere with Mother's work schedule or otherwise. 3. If the above schedule becomes problematic, Father may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT: Cc: Sf: :01 H~ S I :130 guOl 1)..,,\11 r:\.:.;) I ;....'.J...! :ILl1 :ll"'j Aui/......-...-'l -h.., ;".~.,....." -I' :TJU:i(}-(];:nH .. . JUSTIN WILLIAM SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 06-6139 CIVIL ACTION - LAW BRANDI LEE TAYLOR, Defendant IN CUSTODY CON CILIA TION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jadam Smith, born March 21, 2005 Angel Smith, born March 21, 2005 2. A conciliation conference was held on December 7, 2006, with the following individuals in attendance: The Mother, Brandi Lee Taylor, who appeared without counsel Jessica Holst, Esquire, who appeared on behalf of the Father 3. The parties agreed to the entry of an Order in the form as attached. Date: December 8 , 2006 • JUSTIN WILLIAM SMITH, Plaintiff V BRANDI LEE TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA N0.06-6139 CIVIL ACTION-LAW IN CUSTODY Defendant -~ ~, ~--; ~ ~a . .:.~ ~ ~ ~ --i ,~~_= -~ --a E°" PETITION FOR MODIFICATION OF CUSTODY <~ r c;` ~~ -ti .~~ . 1. The petition of custody respectfully represents that on Decemb~r4thc.~00 an Order of Court was entered for Custody, and a true and correc~op~i o ~~~ which is attached. 2. This order should be modified because: Ken Smith, Justin Smith's father, is M~ no longer in physical condition to be responsible for young children. In • addition to Justin Smith's father, his mother, Victoria Smith has not, and is not able to find the time to assist her son by supervising his visitations with the minor children, Jadam and Angel Smith. This lack of available supervision has made severe difficulties for Justin Smith to have periods of supervised visitation with Jadam and Angel Smith. I wish to expel Ken and Victoria Smith as supervision party's' for Justin Smith. In turn, I would like to add Justin Smith's aunt and uncle, Eric and Sherry Meyers. They have previously agreed to be Justin's supervision and enjoy times of visitation with Jadam and Angel Smith. My concern is for the safety and well being of minor children, Jadam and Angel Smith while out of my care, as well as accommodating Justin Smith any way that I can, so that he may enjoy frequent visits with our children, for extended periods of time. WHEREFORE, petitioner requests that the Court modify the existing Order for Custody because it will be in the best interest of the children, and both • parents. o l~ ~~~•~ c~e,'~a~ ~a g t ti DEC 112006 JUSTIN WILLIAM SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v N0.06-6139 CIVIL ACTION -LAW BRANDI LEE TAYLOR, IN USTODY Defendant ORDER OF tC'OURT AND' NOW, this ~ day of Decenrriber, 2006, upon consideration of the attached Custody Conciliation Repo~~rt,CCit~i~s ordered and directed as follows: 1. The Mother, Brandi Lee Taylor, shall enjoy legal custody and primary physical custody of Jadam Smith and Angel Smith, both born March 21, 2005. 2. The Father, Justin William Smith, shall enjoy periods of supervised visitation with the minor children. The supervision for visitation shall be done by the Father's parents, unless agreed otherwise by the Mother. Father's visitation shall take place a: his parents' home. Father shall advise the Mother on or before Sunday of each week with respect to when he wants to exercise visitation the following week, and the parties shall work together to set a specific schedule that will not interfere with Mother's work schedule or otherwise. 3. If the above schedule becomes problematic, Father may petition the Court to have -the case again scheduled with the Custody Conciliator for a conference. Cc: ~ica Holst, Esquire ~. Brandi Lee Taylor J BY THE COURT: JUSTIN WILLIAM SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v BR.ANDI LEE TAYLOR, Defendant NO.06-6139 CIVIL ACTION -LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT 1N ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-5(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jadam Smith, born March 21, 2005 Angel Smith, born March 21, 2005 2. A conciliation conference was Geld on December 7, 2006, with the following individuals in attendance: The Mother, Brandi Lee Taylor, who appeared without counsel Jessica Holst, Esquire, who appeared on behalf of the Father 3. The parties agreed to the entry of an Order in the form as attached. Date: December ~ , 2006 JUSTIN WILLIAM SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2006-6139 CIVIL ACTION LAW BRANDI LEE TAYLOR DF.,FENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 28, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _. _ Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor ,Cumberland County Courthouse, Carlisle on Friday, December 03, 2010 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gllro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET ~_ FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~ ~ -~ Cumberland County Bar Association °r' ~=~; ~ ="'~ ~4°Zg ~~ ~'~'~~ ~~ ~~~''~'~ ~ ~T 32 South Bedford Street ~ T' ~ /O'aS -lp ~~ ~ ~ ~,~`~~ Carlisle, Pennsylvania 17013 - >- ~~ -.-~;,~ -~ Telephone (717) 249-3166 "~" -~ ~~ ~n n ~ , DEC 0 82010 JUSTIN WILLIAM SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-6139 CIVIL ACTION - LAW BRANDI LEE TAYLOR, IN CUSTODY -? -- Defendant ? -a ? - -,rr -- r <> ' w Prior Judge: The Honorable J. Wesley Oler, Jr. r c? -{, -n COURT ORDER -,, ?.. N (DC') " ...'.• •• --iI l ....5 > NOW, this day of December, 2010, upon consideration of the attached <?ustcy Conciliation Report, it is ordered and directed that this court's prior order of December 14, 2006, is vacated and replaced with the following order: 1. The mother, Brandi Lee Taylor, shall enjoy legal custody and primary physical custody of Jadam Smith, born March 21, 2005, and Angel Smith, born March 21, 2005. 2. The father, Justin William Smith, shall enjoy periods of supervised visitation with the minor children at such times and under such circumstances as agreed to by the mother. The father's periods of supervised custody shall be supervised by either the father's aunt and uncle or some other adult agreed upon by the mother. 3. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled before the custody conciliator for a conference. cc: '1 Ms. Brandi Lee Taylor /Mr. Justin William Smith CoPI e5 "Jed 41311o fll-t BY THE COURT, JUSTIN WILLIAM SMITH, Plaintiff v BRANDI LEE TAYLOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6139 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jadam Smith, born March 21, 2005, and Angel Smith, born March 21, 2005. 2. A Conciliation Conference was held on December 3, 2010, with the following individuals in attendance: The Mother, Brandi Lee Taylor, who appeared without counsel. The Father did not appear. 3. Mother relates that the father has not seen the children for over seven months. She indicates she filed a petition merely to help facilitate giving the father an opportunity to see the children by modifying the existing order and allowing for father's aunt and uncle to provide supervision. This will allow father the opportunity to see the children because, apparently, father's parents are not available to provide supervision. 4. The Conciliator recommends an Order in the form as attached. DATE: December 2010 fIubert X.Vlroy, Esquire Custody onciliator