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HomeMy WebLinkAbout02-3025COREY L. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. CUSTODYNISITATION ANGELA M. SMITH, Defendant NO. 02 - 20QS etv?1 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally, or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6200 BUZGON DAVIS LAW OFFICES BY: Mary H. chik, Esquire-Attorney I.D. #69040 525 South Eighth Street-Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Attorneys for Plaintiff F:'Alb` ),m ,ti,, Reinuon, h, f oiry c km4 d% ("'m [,!.inaia '1 91 51 A%I COREY L. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. CUSTODYNISITATION ANGELA M. SMITH, /? ( Defendant : NO. OOL - JO C1 U l - COMPLAINT FOR PARTIAL CUSTODY AND VISITATION 1. The Plaintiff is Corey L. Smith, residing at 1008 Louser Road, Annville, Pennsylvania, 17003. 2. The Defendant is Angela M. Smith, residing at 4900 Delbrook Road, Mechanicsburg, Pennsylvania, 17051. 3. Plaintiff seeks partial custody and visitation of the following children: Name Present Residence Date of Birth Cassondra L. Smith Michela M. Smith with Defendant with Defendant April 9, 1994 July 13, 1996 4. The child, Cassondra L. Smith, was born out of wedlock. The child, Michela M. Smith, was not born out of wedlock. 5. The children are presently in the custody of Defendant who resides at 4900 Delbrook Road, Mechanicsburg, Pennsylvania. 6. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Plaintiff 4900 Delbrook Road, Mechanicsburg, PA Defendant Jackie Mauro (matemal grandmother) Plaintiff 200 Slover Road, Mechanicsburg, PA Defendant Plaintiff 4900 Delbrook Road, Mechanicsburg, PA Defendant Jackie Mauro Defendant 4900 Delbrook Road, Mechanicsburg, PA Jackie Mauro June 1996-April 1998 April 1998-April 2000 April 2000 to February 11, 2001 February 11, 2001 to present 7. The mother of the children is Defendant currently residing at 4900 Delbrook Road, Mechanicsburg, Pennsylvania. She is married to Plaintiff. 8. The father of the children is Plaintiff currently residing at 1008 Louser Road, Annville, Pennsylvania. He is married to Defendant. 9. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with his parents, Eugene and Sandra Smith. 10. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: Name Relationship Jackie Mauro mother Cassondra L. Smith daughter Michela M. Smith daughter 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) The emotional, physical and/or spiritual development of the children would be enhanced by granting partial physical custody and visitation of the children to Plaintiff; and (b) Other reasons which may more fully appear at hearing. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff requests the Court to grant him partial physical custody and visitation of the children, Cassondra L. Smith and Michela M. Smith. BUZGON DAVIS LAW OFFICES BY: ?"%/'?lL+vi /'/ 4'1??u?i Mary H. urchik, Esquire Attorney I.D. #69040 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Attorneys for Plaintiff, Corey L. Smith DATE: b -;O-OA I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. ?Ct C n \ ( Mi " }rte ? C v?' r, o tom; -n c c n? ; n F'dib 17omotic Re1.rtwn, Smith( nuy `. 1ffiJarn t niecd9 1/0' 7 78 .4h1 - COREY L. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. CUSTODY/VISITATION ANGELA M. SMITH, Defendant NO. Oa -36 etcal?2Y+ AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LEBANON ) I, DEBORAH L. BEMESDERFER, an employee of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and say that I mailed on June 21, 2002, by regular mail, in a postpaid envelope, a true and correct copy of the following documents: 1. proposed ORDER; 2. MOTION FOR COURT ORDER; 3. STIPULATION FOR CUSTODY AND PARTIAL CUSTODY; 4. COMPLAINT; and 5. NOTICE to Jane M. Alexander, Esquire, 148 South Baltimore Street, P.O. Box 421, Dillsburg, Pennsylvania, 17019-0421, attorney for Defendant. DEBORAH L. BEMESDERFER Sworn to and subscribed beforeme this 21st day of June, A.D., 2002. NotaM Seat Joyce E. Brightbill. Notary Public n ?? n City of Lebanon, Lebanon County MY G`ommieabn Expires Apr. 12, 2004 ta C/No Public Member, PennsyWaniaAssociatbnofNotaft C) CD O C- N T V -1 71 mm ff: _ -n ? N -' COREY L. SMITH, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - FAMILY DIVISION ANGELA M. SMITH, :NO. a a- - lL t v 1 l DEFENDANT IN CUSTODY MOTION FOR COURT ORDER AND NOW, comes counsel for Plaintiff and moves this Honorable Court to approve and adopt the attached Stipulation as an Order of Court. BUZGON DAVIS LAW OFFICES L?- Mary BY: uc H. Burc ik, Esquire Attorney I.D. #69040 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Attorneys for Plaintiff, Corey Lynn Smith COREY L. SMITH, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - FAMILY DIVISION ANGELA M. SMITH, :NO. DEFENDANT IN CUSTODY l STIPULATION FOR CUSTODY AND PARTIAL CUSTODY TO THE HONORABLE JUDGES ??OrrF--SAID COURT: AND NOW, this?Nday of 27i? ? 2002, Plaintiff, Corey L. Smith, of 1008 Louser Road, Annville, Pennsylvania, 17003, by his attorney, Mary H. Burchik, Esquire, and Defendant, Angela M. Smith, of 4900 Delbrook Road, Mechanicsburg, Pennsylvania, 17051, by her attorney, Jane M. Alexander, respectfully represent: A. The parties are the parents of two (2) minor children, Cassandra L. Smith, born April 9, 1994, and Michela M. Smith, born July 13, 1996. B. The parties do hereby agree as follows: 1. Plaintiff, Corey Lynn Smith ("FATHER"), and Defendant, Angela Marie Smith ("MOTHER"), shall have shared legal custody of the parties' children, Cassgndra L. Smith and Michela M. Smith. 2. MOTHER shall have primary physical custody of the parties' children. 3. FATHER shall be entitled to regular periods of visitation and partial custody as the parties may agree. Failing to agree, FATHER's rights of visitation and partial custody shall be as follows: (a) Alternating weekends from 6:30 P.M. Friday evening until 7:00 P.M. Sunday evening. During FATHER's weekends of partial custody, FATHER shall take the children to their home church if the children are participating in a special function. Otherwise, FATHER shall make every effort to take the children to his parent's church during his weekends of partial custody; (b) Alternating holidays of Memorial Day, Independence Day, Labor Day, Thanksgiving Day and New Year's Day at times to be agreed upon by the parties; (c) MOTHER shall always have custody of the children every Easter Sunday morning. FATHER shall have the children during one of the following two periods to be agreed upon by the parties: (1) 9:00 A.M. on Good Friday until 6:00 P.M. Saturday or (2) Sunday at Noon until 6:00 P.M. Monday; and (d) FATHER shall have custody of the children each Christmas Eve from 4:30 P.M. until 10:00 P.M.; (e) MOTHER shall always have custody of the children every Mother's Day; (f) FATHER shall always have custody of the children every Father's Day; and (g) The children's birthdays shall be shared as the parties may agree. 4. MOTHER agrees to provide FATHER with the children's summer schedule prior to June 1 a of each year. FATHER shall have one week of exclusive, uninterrupted partial custody, -2- provided that FATHER gives MOTHER thirty (30) days written notice of which week he selects after MOTHER provides him with the children's summer schedule. 5. MOTHER and FATHER shall exchange the children for the purposes of partial custody at the Hess Station at Mushroom Hill. 6. During the times when the children are in the custody of either parent, each shall have the right of reasonable telephone contact with the children. 7. All decisions affecting the children's growth and development, including, but not limited to, medical and dental treatment, psychotherapy, psychoanalysis, or like treatment, decisions relating to actual or potential litigation involving the children directly or as beneficiary other than custody litigation, education, both secular and religious, athletic pursuits and extracurricular activities, shall be considered major decisions and shall be made by the parents jointly after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interests. 8. Each parent shall keep the other informed of the progress of the children's education and social adjustments. Each party shall not impair the other parent's right to shared legal custody of the children. Each parent shall give support of the other in the role as parent and take into account the consensus of the other for the physical and emotional well-being of the children. 9. While in the presence of the children, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. -3- 10. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage the children to participate in the plan outlined herein. 11. Each parent shall have the duty to notify the other of any events or activities that could reasonably be expected to be of significant concern to the other parent. 12. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may from time to time become necessary, and shall specifically not use the children as messengers. Neither parent shall discuss with the children any proposed changes to the physical custody schedule or any other issue requiring consultation and agreement prior to discussing the matter and reaching an agreement with the other parent. 13. With regard to any emergency decision which must be made the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with the parent as soon as possible. Day-to-day decisions of a routine nature will be the responsibility of the parent having physical custody at the time. 14. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical records, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. FATHER's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be MOTHER'S primary 4- responsibility to provide FATHER with copies of report cards and all notifications of school conferences and events. 15. Neither parent shall schedule activities nor appointments for the children which would require her attendance or participation at an activity or appointment during a time when the children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 16. Nothing shall prevent the parties from agreeing to other or modified periods of partial custody or visitation. 17. This Stipulation may be entered as an Order of Court and enforceable thereas. BUZGON DAVIS LAW OFFICES BY: Mary H. Bur ik, Esquire-Attorney I.D. #69040 525 South Eighth Street-Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Attorneys for Plaintiff, Corey L. Smith Corey L. Smith, Plaintiff' M. Alexaridey; Esquire-Atiomey I.D. # p 7 1 South Baltimore Street-P.O. Box 421 ilIsburg, PA 17019-0421 (717) 432-4515 Attorney for Defendant, Angela M. Smith t? Angela M. S th, Defendant -5- VERIFICATION I, COREY LYNN SMITH, do hereby verify that I am the Plaintiff in the within action, and that the facts set forth in the foregoing STIPULATION FOR CUSTODY AND PARTIAL CUSTODY 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. COREY LYNN SMITH Date: . t 7 ?zc L VERIFICATION I, ANGELA MARIE SMITH, do hereby verify that I am the Defendant in the within action, and that the facts set forth in the foregoing STIPULATION FOR CUSTODY AND PARTIAL CUSTODY 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 unworn falsification to authorities. 1dLL _ ANGE MARIE SMITH Date: Cc COREY L. SMITH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - FAMILY DIVISION ANGELA M. SMITH, NO. U 36.25 v C DEFENDANT IN CUSTODY ORDER AND NOW, this ??y of 2002, upon consideration of the attached Stipulation for Custody and Partial Custody, IT IS HEREBY ORDERED that all terms and provisions of the said Stipulation are hereby made and entered as an Order of this Court. J. 1 ? ? r 1,.?,?„'+,` ???,? !mod ? i , i r;'1?1???? ;??r? -,, f+J' ,; ,, J V 0 try G COREY L. SMITH, Plaintiff-Respondent VS. ANGELA M. SMITH, Defendant-Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : IN CUSTODY : NO. 02-3025 PETITION TO AMEND CUSTODY ORDER AND NOW, to wit, this day of , 2007 comes the 14/ 1 <1 Defendant-Petitioner, Angela M. Smith, by and through her attorney, Jane M. Alexander, Esquire and files this Petition of which the following is a statement: 1. Plaintiff-Respondent is Corey L. Smith, an adult individual who currently resides at 1756 N. Rt. 934, Annville, Lebanon County, Pennsylvania 17003. 2. Defendant-Petitioner is Angela M. Smith, an adult individual residing at 4900 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant-Petitioner seeks an amendment to the Custody Order of your Honorable Court dated July 3, 2002 by Judge Edgar B. Bayley, a copy of which, marked Exhibit "A" is attached hereto and made a part hereof. 4. The children who are the subject of the Order are: Cassondra L. Smith, born April 9, 1994, age 13, and Michela M. Smith, born July 13, 1996, age 10. 5. Defendant-Petitioner wishes to amend the Order because Plaintiff-Respondent refuses to support Defendant-Petitioner's parenting decisions regarding their daughter, Cassondra L. Smith's, athletics, schooling, and social involvement, as generally required by the above-referenced Order. Plaintiff-Respondent persistently denies their daughter the ability to be actively involved in her extracurricular activities and events. These decisions create a constant discord between both Plaintiff- Respondent and Defendant-Petitioner, as well as Plaintiff-Respondent and the daughter. Although Defendant-Petitioner has brought these adverse effects to Plaintiff-Respondent's attention, Plaintiff- Respondent persists in making such decisions. 6. Defendant-Petitioner wishes to retain primary physical custody of the children with Plaintiff-Respondent having periods of visitation and partial custody. Defendant-Petitioner wishes for Plaintiff-Respondent to have the children for periods of alternating weekends from 6:30 Friday Evening until 7:00 p.m. Sunday evening with the understanding that they shall be allowed to participate in their scheduled weekend activities. 7. The child, Cassondra L. Smith, was adopted during marriage. The child, Michela M. Smith, was not born out of wedlock. 8. The parties were married June 15, 1996. 9. The parties separated February 11, 2001, and Plaintiff filed a Complaint in Divorce to No. 2001-20628 in the Court of Common Pleas of Lebanon County on August 7, 2001. 10. During the past six years, the children have resided with the following persons at the following address: Angela M. Smith 4900 Delbrook Road Mechanicsburg, PA 17050 11. The relationship of Plaintiff-Respondent to the children is that of natural father. 12. The relationship of Defendant-Petitioner to the children is that of natural mother. 13. The Defendant-Petitioner has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court. 14. The Defendant-Petitioner has no information of a custody proceeding concerning the children pending in any other court within this Commonwealth. 15. The Defendant-Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The best interest and permanent welfare of the children will be best served by granting the Defendant-Petitioner primary physical of the children with Plaintiff-Respondent having periods of visitation and partial custody, specifically alternating weekends from 6:30 p.m. until 7:00 p.m. Sunday evening. WHEREFORE, Defendant-Petitioner requests your Honorable Court to grant her primary physical custody of the children with scheduled visitation to the Plaintiff-Respondent. Respectfully submitted, ,bane M. Alex Oder, EsAbire /Attorney for efenddnt-Petitioner Attorney I.D. #07355 148 South Baltimore Street Dillsburg, PA 17019 (717) 432-4514 VERIFICATION I herby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 5 Angel . Smith COREY L. SMITH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - FAMILY DIVISION ANGELA M. SMITH, NO. 6;L - 3 S 1."t v c 1, DEFENDANT IN CUSTODY ORDER AND NOW, this 3 'c..' day of , 2002, upon consideration of the attached Stipulation for Custody and Partial Custody, IT IS HEREBY ORDERED that all terms and provisions of the said Stipulation are hereby made and entered as an Order of this Court. BY THE COURT, I !F; C-04DY I! f 33 ii?j ??jV at car(i*, Pa. , prat iinrgarv ?':`?.(?:S? ??'lli: ?. I? t(.: ?.?ilr?rlc'.?lilll?l. (? r? •J cl?.".1 i.'I'. i,.ri: _ :i. 12 .-4 N 1 E7x 641 COREY L. SMITH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - FAMILY DIVISION ANGELA M. SMITH, NO. DEFENDANT IN CUSTODY MOTION FOR LOUR r ORDER AND NOW, comes counsel for Plaintiff and moves this Honorable Court to approve and adopt the attached Stipulation as an Order of Court. BUZGON DAVIS LAW OFFICES BY: Mary H. Burc ik, Esquire Attorney I.D. #69040 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Attorneys for Plaintiff, Corey Lynn Smith COREY L. SMITH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - FAMILY DIVISION ANGELA M. SMITH, NO. DEFENDANT IN CUSTODY STIPULATION FOR CUSTODY AND PARTIAL CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this day of , 2002, Plaintiff, Corey L. Smith, of 1008 Louser Road, Annville, Pennsylvania, 17003, by his attorney, Mary H. Burchik, Esquire, and Defendant, Angela M. Smith, of 4900 Delbrook Road, Mechanicsburg, Permsylvania, 17051, by her attorney, Jane M. Alexander, respectfully represent: A. The parties are the parents of two (2) minor children, Cassondra L. Smith, born April 9, 1994, and Michela M. Smith, born July 13, 1996. B. The parties do hereby agree as follows: 1. Plaintiff. Corey Lynn Smith ("FATHER"), and Defendant, Angela Marie Smith ("MOTHER"), shall have shared legal custody of the parties' children, Cassondra L. Smith and Michela M. Smith. 2. MOTHER shall have primary physical custody of the parties' children. 3. FATHER shall be entitled to regular periods of visitation and partial custody as the parties may agree. Failing to agree, FATHER's rights of visitation and partial custody shall be as follows: (a) Alternating weekends from 6:30 P.M. Friday evening until 7:00 P.M. Sunday evening. During FATHER's weekends of partial custody, FATHER shall take the children to their home church if the children are participating in a special function. Otherwise, FATHER shall make every effort to take the children to his parent's church during his weekends of partial custody; (b) Alternating holidays of Memorial Day, Independence Day, Labor Day, Thanksgiving Day and New Year's Day at times to be agreed upon by the parties; (c) MOTHER shall always have custody of the children every Easter Sunday morning. FATHER shall have the children during one of the following two periods to be agreed upon by the parties: (1) 9:00 A.M. on Good Friday until 6:00 P.M. Saturday or (2) Sunday at Noon until 6:00 P.M. Monday; and (d) FATHER shall have custody of the children each Christmas Eve from 4:30 P.M. until 10:00 P.M.; (e) MOTHER shall always have custody of the children every Mother's Day; (t) FATHER shall always have custody of the children every Father's Day; acid (g) The children's birthdays shall be shared as the parties may agree. 4. MOTHER agrees to provide FATHER with the children's summer schedule prior to June I" of each year. FATHER sliall have one week of exclusive, ultiiiterrupted pai* al custody, -2- provided that FATHER gives MOTHER thirty (30) days written notice of which week he selects after MOTHER provides him with the children's summer schedule. 5. MOTHER and FATHER shall exchange the children for the purposes of partial custody at the Hess Station at Mushroom Hill. 6. During the times when the children are in the custody of either parent, each shall have the right of reasonable telephone contact with the children. 7. All decisions affecting the children's growth and development, including, but not limited to, medical and dental treatment, psychotherapy, psychoanalysis, or like treatment, decisions relating to actual or potential litigation involving the children directly or as beneficiary other than custody litigation, education, both secular and religious, athletic pursuits and extracurricular activities, shall be considered major decisions and shall be made by the parents jointly after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interests. 8. Each parent shall keep the other informed of the progress of the children's education and social adjustments. Each party shall not impair the other parent's right to shared legal custody of the children. Each parent shall give support of the other in the role as parent and take into account the consensus of the other for the physical and emotional well-being of the children. 9. While in the presence of the children, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. -3- 10. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage the children to participate in the plan outlined herein. 11. Each parent shall have the duty to notify the other of any events or activities that could reasonably be expected to be of significant concern to the other parent. 12. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may from time to time become necessary, and shall specifically not use the children as messengers. Neither parent shall discuss with the children any proposed changes to the physical custody schedule or any other issue requiring consultation and agreement prior to discussing the matter and reaching an agreement with the other parent. 13. With regard to any emergency decision which must be made the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with the parent as soon as possible. Day-to-day decisions of a routine nature will be the responsibility of the parent having physical custody at the time. 14. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical records, academic and school report cards, birth ecrtilicates, etc. Both parents may and are encouraged to attend school conferences and activities. FATHER's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. 1-lowever, it will be MOTI [FR's primary -4- responsibility to provide FATHER with copies of report cards and all notifications of school conferences and events. 15. Neither parent shall schedule activities nor appointments for the children which would require her attendance or participation at an activity or appointment during a tune when the children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 16. Nothing shall prevent the parties from agreeing to other or modified periods of partial custody or visitation. 17. This Stipulation may be entered as an Order of Court and enforceable thereas. BUZGON DAVIS LAW OFFICES BY: &? i- " Mary H. Bur , Esquire-Attorney I.D. #69040 525 South Eighth Street-Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Attorneys for Plaintiff, Corey L. Smith orey L. Smith, Plaintiff San Alexander, Es ire-Attor y I.D. 1 S th Baltimore Street-P.O. Box 421 illsb rg, PA 17019-0421 (717) 32-4515 Attorney for Defendant, Angela M. Smith L7,& M Angela M mith, Defendant -5- VERIFICATION I, COREY LYNN SMITH, do hereby verify that I am the Plaintiff in the within action, and that the facts set forth in the foregoing STIPULATION FOR CUSTODY AND PARTIAL CUSTODY 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. COREY LYNN SMITH Date: ! 7 .1 co Z VERIFICATION 1, ANGELA MARIE SMITH, do hereby verify that I am the Defendant in the within action, and that the facts set forth in the foregoing STIPULATION FOR CUSTODY AND PARTIAL CUSTODY 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. ANGELA T?fARIE SMITH Date:l c? -- ;??, .1 CID ..? •...i? .w1 q ? ? 1 ?'f 16 COREY L. SMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-3025 CIVIL ACTION LAW ANGELA M. SMITH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, May 18, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 05, 2007 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john j. Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 np?? ?vv ??AIL, G6?3/-? :11.4 jo COREY L. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : OFI ?M-W'ald COUNTY, PA VS. : NO. 02-3025 ANGELA M. SMITH, : CIVIL ACTION - LAW Defendant : IN CUSTODY j AFFIDAVIT OF SERVICE i AND NOW, this 11 _t? day of , 2007 personally appeared Jane M. Alexander, Esquire who swears accord Wig to law, that a true and correct copy of a Complaint in was caused to be served by certified mail with return receipt requested upon the said, Corey L. Smith 1756 N. Rt. 934 Annville, PA 17003 On May 12, 2007 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. e M. A ex er, squire ttorney I.D. 07355 48 S. Baltimore Stree Dillsburg, PA 17019-0421 (717) 432-4514 Sworn and subscribed before me this I'] day of 2007. Notary Public CONiIVIO MEAL 'H OF PENNSYU/ANIA Notarial Seal Narumol Alexander, Notary Public Dillsburg Boro, York county f,Ay commission Expires Apr. 7, 2010 foie ' -er, Pennsylvania Association of Notaries COREY L. SMITH, vs. ANGELA M. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF Cw-wA ut COUNTY, PA NO. 02-3025 CIVIL ACTION - LAW Defendant : IN CUSTODY PROOF OF SERVICE rU T C3 NJ /. . V, 11'MjVr-x1' &I . .- CC3 information visit o For deliver ur web usps.c site at www om, Ln y IA . L US E M $0 87 001y Postage $ . B R 5 co certified Fee ;?` • +? P O Return Redept Fee Fi (Endorsement Required) --4 O C3 Restricted Delivery Fee (Endorserrujnt Requred) 'b f1- Total Postage & Fees $ t$. ?j 7 C3 Co r o /?? 1-Sm`?l - fT?1. G L o.Poearnro 1-754 N. 14. R34 --- ---- -- - ---- ------------------------------- q e:zi4wA VIvtville t pA 0003 ¦ Complete Items 1. 2, and 3.. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space Permits. 1. Artlde Addressed to 1'1 Sb t A 7?11,,41k[3 0 Agent Addressee B. Received ( Printed Kamm) C. Date of Delivery 5f 14/20tY1 D. Is delivery address diftent from Rom I? ? Yes K YES, enter delivery address below. ? No Pk VNYNv'It e- i Pt% t-) 0U5 & Service Too Cl Re&WW m Roos" for Merdwldbe ? Inerxed Mail ? C.O.D. 4. Restricted Delivery? (Ekha Fee) k. Ae"7004 0750 0003 6356 8042 (? www Aora eer I r bo Ps Fort 3811. Fdxuwy 2004 Domestic Retum Reoelpt 1l09w &oa-wuwo ah}r•13? COREY L. SMITH, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - FAMILY DIVISION ANGELA M. SMITH, : NO. 02 - 3025 DEFENDANT : IN CUSTODY ANSWER TO PETITION TO AMEND CUSTODY ORDER AND NOW, comes the Plaintiff, Corey L. Smith, by his attorneys, Buzgon Davis Law Offices, and files this Answer to Petition to Amend Custody Order, respectfully averring as follows: 1. Admitted. 2. Admitted. 3. No response required. 4. Admitted. 5. Denied. It is specifically denied that Plaintiff-Respondent refuses to support Defendant-Petitioner's parenting decisions regarding their daughter, Cassondra L. Smith's athletic, schooling and social involvement. By way of further response, Plaintiff-Respondent has repeatedly requested that the parties' daughter not be permitted to participate in extra-curricular activities, as she is currently failing the 7th grade, has excessive absences and tardiness from school, and has posted several provocative photographs on myspace.com. By way of further answer, Plaintiff-Respondent has attempted to talk with Defendant-Petitioner regarding these issues in an effort to emphasize that Cassondra must improve in school before she can participate in these extra-curricular activities. Despite Plaintiff-Respondent's concerns, Defendant- Petitioner continues to allow Cassondra to participate in extra-curricular activities, against Plaintiff-Respondent's wishes. 6. No response is needed. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. After reasonable investigation, Plaintiff-Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 13. 14. Denied. After reasonable investigation, Plaintiff-Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 14. 15. Denied. After reasonable investigation, Plaintiff-Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 15. 16. Denied. By way of further answer, Defendant-Petitioner is not seeking any changes to the existing custody schedule, whereby Plaintiff-Respondent has periods of partial -2- physical custody and visitation every other weekend from Friday at 6:30 P.M. until 7:00 P.M. on Sunday evening. WHEREFORE, Plaintiff-Respondent respectfully requests your Honorable Court to dismiss Defendant-Petitioner's Petition to Amend Custody Order. BUZGON DAVIS LAW OFFICES C BY: Mary . Burchik, Esquir Attorney I.D. #69040 Magdalene C. Zeppos, Esquire Attorney I.D. #92978 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 Telephone: (717) 274-1421 Fax: (717) 274-1752 E-Mail: mzeppos@buzgondavis.com Attorneys for Corey L. Smith -3- i lciih`_ )onlesw t;e[atin?t>:Srnitl?, Core}-•.venfication fc)r.lnsger to Pt, to Amens dos ?r2E)Jti7 4 _14 FIM DATE: I verify that the statements made in this Answer to Petition to Amend Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. L. Smith, Plaintiff/Respondent y cn L ?o t i - cv . ? 0C.T 012007 v COREY L. SMITH, Plaintiff V. ANGELA M. SMITH, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3025 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of 2007, upon consideration of the attached _t,?J : Custody Conciliation Report, it is Ordered an Directed as follows: 1. The prior Order of Court dated May 31, 2002 shall remain in full force and effect with the following modifications. 2. The Father, Corey Smith, and the Mother, Angela Smith, shall have shared legal custody of Cassondra Smith, born 4/9/94 and Michela Smith, born 7/13/96. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. The Mother and the Father are directed to communicate with one another in regard to the Children's educational/homework issues and extra-curricular activities. Mother and Father shall continue to participate in family counseling to address certain co-parenting, relationship and communication issues in relation to their Children. Each parent shall keep the other parent informed of the Children's planned activities for the parents' respective weekends. 4. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. -- t?` 7 J LL LL -T- 4--- c N w . 1 Distribution: Magdalene Zeppos, Esq., 525 South Eighth Street, PO Box 49, Lebanon, PA 17042 Jane Alexander, Esquire John J. Mangan, Esquire .- . .ft COREY L. SMITH, Plaintiff V. ANGELA M. SMITH, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3025 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Cassondra L. Smith 4/9/94 Mother Michela M. Smith 7/13/96 Mother 2. A Conciliation Conference was held with regard to this matter on June 5, 2007 with the following individuals in attendance: The Mother, Angela Smith, with her counsel, Jane Alexander, Esq. The Father, Corey Smith, with his counsel, Magdalene Zeppos, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. angan, Esqui Custody Conciliate