HomeMy WebLinkAbout96-01686
CYNTHIA J. ALBRECHT, . IN THE COURT OF COMMON PLEAS or
.
Plaintiff . CUMBERLAND COUNTY, ~ENNSYLVANIA
.
I
v. NO. 96-1686 CIVIL TERM
JEFFREY S. ALBRECHT, .
.
Defendant IN DIVORCE
.nlenl TO DI.COITIWUI ACTIO.
Sirl
Plea.e mark the above captioned action discontinued
FOWLER, ADDAMS, SHUGHART' RUNDLE
By. ~:.';';,"aV ~~;G "
Supreme Court 1.0. No. 27768
28 South pitt street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Plaintiff
TO: Lawrence E. Welker, Prothonotary
DATE: April 12, 1996
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CYNTHIA J. ALBRECHT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- J~J~CIVIL TERM
v.
JEFFREY S. ALBRECHT,
Defendant
IN DIVORCE
NOTIC! TO D!FEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the plaintiff. You ma~ lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counselling. A list of marriage counselors is available in the
Office of the Prothonotary at Cumberland County Courthouse,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE
OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO
CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
CYNTHIA J. ALBRECHT,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1t .\1, CIVIL TERM
JEFFREY S. ALBRECHT,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 3301(0) or 3301(dl
OF THE DIVORCE CODE
~UNT I
1. The Plaintiff is cynthia J. Albrecht, who currently
resides at 914 Alexander Spring Road, Carlisle, Cumberland
County, Pennsylvania, since 1988.
2. The Defendant is Jeffrey. S. Albrecht, who currently
resides at 914 Alexander Spring Road, Carlisle, Cumberland
County, Pennsylvania, since 1988.
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on November 12,
1988 in Harrisburg, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of
marriage counselling and that the Plaintiff may have the right to
request that the court require the parties to participate in
counselling.
8. Plaintiff requests the court to enter a decree of
divorce.
CYNTHIA J. ALBRECHT,
Plaintiff
IN THE COURT O!' COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
I
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NO. 96-1686 CIVIL TERM
v.
JEFFREY S. ALBRECHT,
Defendant
AND NOW, thie
ORDER OF COURT
\q~day of March, 1997, upon consideration of
Plaintiff's Petition to Re-Open Divorce Action and Plaintiff' a
Petition For Special Reliefl Cuotody and Related Property Mattera,
a hearing is SCHEDULED for Thursday, March 20, 1997, at 2100 p.m.,
in Courtroom No.5, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
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,
, (
J. eley Oler, J . 0'
Samuel W. Milkes, Esq. - t'.A./, t~~. .~q... J f) 'fSJ
52 East High Street r,
Carlisle, PA 17013
Attorney for Flaintiff
Jeffrey S. Albrecht - ~\".:to ~Jt, '0)/~"'J
914 Alexander Spring Road
Carlisle, PA 17013
Defendant, Pro Se
Ire
3. Plaintiff seeks primary physical custody of the parties' minor son,
ZACKARY ALBRECHT, born May 22, 1989.
The child W88 not born out of wedlock.
The child is prQsently in the physical custody of Plaintiff and Defendant.
Since his birth, the child h88 resided with his natural parents 811 the address
stated above. At various times, the Plaintiff's two children from a prior marriage have
also resided at this home, One is a girl, a minor, and the other is an adult boy.
4. The mother of the child is Plaintiff, CYNTHIA J. ALBRECHT. She is
married to the Defendant.
5, The father of the child is the Defendant, JEFFREY S. ALBRECHT. He
is married to the Plaintiff.
6. The Plaintiff is the child's biological mother. Plaintiff resides at 914
Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania, with the
Defendant, JEFFREY S. ALBRECHT, the subject minor child, ZACKARY ALBRECHT,
and her two children to a previous marriage, SARAH STEWART and DAVID
STEWART,
7. The Defendant is the child's biological father. Defendant resides at 914
Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania, with the Plaintiff,
the subject minor child, ZACKARY ALBRECHT, and SARAH STEWART and DAVID
STEWART.
8. Plaintiffh88 not participated as a party or witness, or in another capacity,
in other litigation concerning the custody of the child in this or another court.
9. Plaintiff has no information of a custody proceeding concerning the child
pending in a Court of this Commonwealth.
10. Plaintiff does not know of a person not a party to the procelldings who
hae physical custody of the child or claims at this time to havo cUlltOdy or visitation
rights with respect to the child.
11. Plaintiff hae rented a four bedroom home at 240 Mooredale Road, Carlisle,
within the same school district ae the child's current schooling and located very close
to the residence she is about to vacate.
12. The best interests and permanent welfare of the child will be served by
placing the child in the permanent primary physical custody of the Plaintiff! mother
and, pending a conciliation or hearing in this matter, by granting the parties shared
custody, on an alternating week baeis, with the exchange time to be Sunday evenings,
and with a shared holiday and birthday schedule,
13. On her own, and through her attorney, Plaintiff hllll attempted to reach an
agreement with Defendant on custody and property issues describp.d in this Petition
but Defendant hllll been unwilling to enter into any agreement,
WHEREFORE, Plaintiff respectfully requests this Honorable Court that it
schedule this matter for conciliation and for ultimate custody determination. PlaintitY
further requests that pending conciliation, this Honorable Court direct that CUltOdy
of ZACKARY Albrecht be shared by the parties, on an alternating week by week bail,
with an exchange occurring on Sunduy evenings at 6:00 p.m., 80 IlIl to avoid conflict
and harm to the child, which would occur at the time of PlaintifI's removal from the
marital residence.
,',
PERSONAL ~ROPER"" AND MARITAL HOM~ DETERMINATION
14. In connection with Plaintiffs moving from the mll1'ital residence, she will
be moving into a home adequate to provide for the needs of herself, the parties' minor
child, ZACKARY ALBRECHT, and her two children to 11 previous mll1'riage, SARAH
STEWART and DAVID STEWART.
Hi. Vll1'ious items of personal property and furnishings ll1'e now contained
within the marital residence, owned by the pll1'ties, and located at 914 Alexander
Spring Road, Cll1'lisle, Cumberland County, Pennsylvania.
16. Because the Plaintiff is without any property and furnishings of her own,
independent of those contained within the mll1'ital residence, she therefore requests
of this Honorable Court that it direct the parties to reasonably divide their personal
property on an approximate 50/50 basis, in order to allow for her establishment of a
sepll1'ate residence. This request is made understanding that any distribution of the
property would not be binding upon the parties, 88 a final distribution of marital
property, nor would it be considered equitable distribution of the property as provided
under the Divorce Code.
17. The parties own the residence at 914 Alexander Spring Road, Carlisle,
Cumberland County, Pennsylvania, Connected with this rcsidence are two mortgages,
which total and nearly equal the valuc of thc residence.
18. The marital residence was initially purchascd through insurance proceeds
which the Plaintiff individually received, before the marriage, relating to the accidental
death of her father in a work related injury.
19. The parties, given their incomes, ll1'e unable to meet the expenlll8
Bl80ciated with payments on this house and their various maritnl debts, which are
lubstantlal, and which include credit card and other financing debts,
WHEREFORE, for the above reBlons, Plaintiff respectfully requests of this
Honorable Court that it direct the parties to immediately list the marital residence for
we, through a mutually agreed upon realtor (or in the event a realtor cannot be
agreed upon, through one identified by the Court), and at a wes price recommended
by that realtor. Plaintiff further requests that the Court direct the parties to equally
divide their personal property, by agreement, in order for the Plaintiff to establish a
separate household, and in the event the parties are unable to reach an agreement,
that a hearing be set for the purpose of establishing the temporary property division.
This division of property is without prejudice for either porty to make equitable
distribution or marital property claims, regardless of who retains temporary possession
BI a result of this request.
DATE: '3\\~~c:,/
Respectfully submitted,
~~
"'/~ ;y
/-,.<~
BY: Samuel W. Milkes, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 30130
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CYNTHIA J. ALBRECHT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JEFFREY S. ALBRECHT,
Defendant
NO, 96-1686
IN DIVORCE
I!ETITION TO BE.OPEN DIVORCE ACTION
COMES NOW, the Plaintiff in the above matter, by and through her counsel,
Samuel W. Milkes, JACOBSEN & MILKES, and requests of this Honorable Court that
it re.open this divorce action which was voluntarily discontinued by Plaintiffs Praecipe
on April 12, 1996. This matter was initially filed on March 29, 1996. In support of
this petition, Plaintiff avers as follows:
1. This no fault divorce complaint was filed by the Plaintiff on March 29,
1996.
2. Shortly after its filing, the parties agreed to attempt II reconciliation.
3, In keeping with reconciliation attempts, Plaintiff conferred with her then
counsel, Michael R. Rundle, Esq., FOWLER, ADDAMS, SHUGHART & RUNDLE, and
agreed to discontinue pursuit of the divorce action.
4, The Plaintiff regards attempts at reconciliation as having failed and a
divorce action is now necessary,
6. Plaintiff paid filing fees of $180.60 on March 29, 1996, at the time of
filing her prior complaint.
6, The necessity of filing a new complaint would require expenditure or '
similar, updated and increased fees.
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CYNTHIA J. ALBRECHT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
JEFFREY S. ALBRECHT,
Defendant
NO. 96-1686 CIVIL TERM
AND NOW,
ORDER OF COURT
this 10~ day of March, 1997, upon consideration of
the attached letter from Samuel W. Milkes, Esq., attorney for
Plaintiff, the hearing previously scheduled for March 20, 1997, at
2100 p.m., i. CANCELLED.
BY THE COURT,
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.
Samuel W. Milke., Esq.
52 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
Jeffrey s. Albrecht
914 Alexander Spring Road
Carlisle, PA 17013
Defendant, Pro Se
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CYNTHIA J. ALBRECHT,
Plaintitt
v.
1 IN THE COURT OF COMMON PLEAS
1 CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1686 CIVIL TERM
JEFFREY S. ALBRECHT,
Detendant
IN DIVORCE
STIPULATION FOR CUSTODY
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AND NOW, this day ot ~J' 1997, the
undersigned part.ies, Cynthia J. Albrecht (hereinatter "mother")
and Jettrey S. Albrecht (hereinatter "tather") the parents of
Zackary Albrecht, date ot birth May 22, 1989, hereby stipulate
and agree as tollows.
1. The parties shall equally share legal and physical custody
ot their child, Zackary Albrecht.
2. Physical custody ot the child, Zackary Albrecht, shall be
equally shared between the parties on an alternating week
basis. The parties will exchange physical custody ot the
child on Sunday evenings at 6100 p.m. The tather shall
receive physical custody ot the child, tor his week ot
physical custody, on Sunday March 23, 1997 at 6:00 p.m.
3. That parent who does not have physical custOdy ot the child
curing a certain week may have partial custody ot the child
as the parties may agree.
4. The parties agree that this StipUlation shall be entered a.
a temporary order ot court. The parties turther agree that
this Stipulation does not necessarily represent the po.ition
MIYI~'.IlI'_
410NOATHS~CONOSTAEET . PO BO)(lOd2 . HARRISBURG. PA.I]l08
01 'I n&9428 . "'A.X 11I11 23ft-2A1]
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CYNTHIA J. ALBRECHT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 96-1686
:
:
:
CIVIL TERM
JEFFREY S. ALBRECHT,
Defendant
IN RB: PITITION TO MODIry TEMPORARY CUSTODY ORDIR
COMBS NOW, the Plaintiff in the above referenced action, by
her attorney, Samuel W. Milkes, Jacobsen , Milkes, and requests
that this Honorable Court modify the Temporary Custody Order
entered on May 30, 1997, as a result of the Stipulation of the
parties, dated May 27, 1997.
Copies of the Stipulation and
Temporary Custody order are attached. In support of this request,
the Plaintiff avers as follows:
1. The parties are the parents of Zackary Albrecht, date of
birth May 22, 1989.
2. The parties currently share legal and physical custody of
the child under the terms of an Order, reflecting the stipulation
which they entered into.
3. Since the entry of this Order, the Defendant, Jeffrey
Albrecht, has engaged in numerous and varied activities which are
detrimental to the best interest of the child and which ehould not
involve the child. These activities include, for example:
a. On August 16, 1997, the child, Zackary, while in the
father's period of partial custody, telephoned mother and inquired
of her as to whether she was seeing a particular person, why ahe
wasn't at work the previous day, whether she had previously dated
another individual, and other matters which the child stated he had
been informed of by his father.
The child also stated to the
Plaintiff that her activities were "wrong" based upon what the
father falsely told Zackary.
b. The father has frequently in the past allowed Zackary
to request directly from mother variations of the custody sohedule
so that Zackary could participate in various activities with
father. Father is well aware that such a situation places either
parent in a difficult circumstance, in which it is hard to say "no"
to the child when the person who is not to have custody on a
particular day has already built up in the child, expectations for
activities that could take place on that day. Such arrangements
should be made directly through the parties and not by use of the
child as an intermediary.
c. The defendant has repeatedly telephoned and come by
the plaintiff's residence, at times expected and unexpected,
ostensibly in order to follow up on mattere having to do with
Zackary, but, in fact, having nothing to do with Zackary's
interest,
4. The above types of activities are harmful to the best
interests of the minor child and serve, on the Defendant's part, as
an effort to attempt to alienate the child from his mother. They
also run contrary to the principals of law which require each
parent to promote interaction with the other parent.
5. On numerous occasions in the past, especially over the
course of the summer, the plaintiff has agreed to modifications of
the cuetody schedule in order to allow for special additional times
for Zackary to be with his father. These have included especially
various Mondays, extending weekends, when the child has been with
hie father on an bland outing. Plaintiff has agreed to these
extensions. Some of these have been requested by father, some have
been requeeted by Zackary.
6. Plaintiff finds that when she requests any modificatione
from the schedule, father is unwilling to modify the schedule.
7. On September 27, 1997, the child's Aunt Laura (Plaintiff'.
sister), is to be married in Pittsburgh.
8. When Zackary learned that his Aunt was to be married, he
asked his Aunt if he could attend the wedding, and she said that he
could be a greeter, if he was able to attend the wedding. The
wedding is also scheduled for a rehearsal on Friday, September 26.
1997.
9. The Plaintiff has requested of the Defendant that the
schedule be altered from the usual weekend, in order to allow for
the child to attend this wedding of his Aunt.
10, The child and his Aunt Laura, are very close to one
another and get along extremely well with each other.
11. The Defendant has responded to the request that the
schedule be altered for this weekend, by stating to Plaintiff and
to Zackary that the father does not consider Aunt Laura or others
on this side of the family to be a part of Zackary's family, and
the father has refused to agree to this modification.
12. The Plaintiff is agreeable to shifting her weekend either
before or after the weekend of September 27 and 28, to equalize the
time which the parties would have with one another.
WHEREFORE, for the above referenced reasons, the Plaintiff
requests the following relief:
I hereby verify that the etatemente made in the foregoing are
true and correct. I underetand that falee etatemente herein are
made .ubject to the penaltiee of 18 Pa.C.S. Section 4904, relating
to un.worn fal.ification to authorities.
Dated, <6(\ ~<1/
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CYN IA J. RECH'!'
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C~NTMIA J. ALBRECHT 1
Plaintift
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNT~I PENNS~LVANIA
NO. 96-1686 CIVIL TERM
v,
JEFFREY S. ALBRECHT,
Detendant
\ TEMPORARY CUSTODY ORDER
I AND NOW this Jb'!- day Ot fv,.~ I 1997, the
\ at1:ached Stipulation and Agreement ot the parties in the above
I captioned action shall be entered as a temporary order cf court.
!N D!'TORC:::
This Temporary Order of Cour1: shall be bindi~g ~pon 1:he parties
un~i: fu~~her agreemenc by the par~ies or ~ur~~er Order ~f Cour~.:
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during the week, said evening shall be Wednesday
evening unless otherwise agreed by the parties. While
the parties live in close vicinity to one another, the
one evening per week shall be an overnight stay with
the mother. When the father moves to Harrisburg or is
otherwise not living within close vicinity to the
mother, then the mother's partial custody of the child
on one evening per week shall just be during the
evening hours and shall not be an overnight visit.
Mother's first weekend of partial custody of the child
shall be the weekend of November 21 through 23.
b. Mother shall have other periods of liberal, partial
physical custody of Zackary, as the parties may
otherwise agree.
c. During the summer months, the mother shall have primary
physical custody of Zackary, In the summer, father
shall have partial physical custody of Zackary. Father
shall be afforded two weeks of vacation time with
Zackary and shall also have every other weekend plus
one evening per week, said evening shall be Wednesday
evening unless otherwise agreed by the parties. While
the parties live in close vicinity to one another, the
one evening per week shall be an overnight stay with
3
MIVI~'. DI"OIl
410 ~jO~T~ SECOND ST~F.ET . PO BOl( 1062 . HAFlRISBUAG PA 17108
11!li2J6.941R . FAx (7171236,28\7
"
the father. when the father moves to Harrisburg or is
otherwise not living with~n close vicinity to the
mother, then the father's partial physical custody of
the child on one evening per week shall be during the
evening hours and shall not be an overnight visit.
3. Holidays: The parties agree that they shall alternate
physical custody of Zackary during the holidays throughout
the year. Father shall have physical custody of the child
for the Thanksgiving Day holiday in the year 1997.
4. Flexibilitv: Both parents agree that they shall work with
this arrangement so as to maintain flexibility.
5. positiye attitude: It is the intention of the parents to
amicably work together in the best interest of Zackary, so
that their separation and subsequent divorce shall have as
little adverse consequence upon the child as possible.
Neither parent shall malign or speak unfavorably of the
,
opposing spouse and allow the child to play one parent
against the other. Rather, both parties shall take all
reasonable measures to faster feelings of affection between
Zackary and the other parent and encourage that
relationship,
6. Court order: The parties request that this stipulation be
entered as an order of court.
4
MIVIIII. DlI_
"10N(JRl'HSECOM1STAF.ET . POBOx 1061 . HARRISl3uAG PA lnOH
11 1 11 1J6.9.t21f . FA), 0111 236 1M I ,
CYNTHIA J. ALBRECHT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
: NO. 96-1686 mVIl, TERM
JEFFREY S. ALBRECHT,
Defendant
ORDER OF COURT
AND NOW, this .;;1/ day of....1.Jh.j--, 1998 upon consideration of the
attached Petition, it is hereby directed that the parties Ilnd their respective counsel
appear before tUn-\"\ '^ (\'. \( o,+~, the Conciliator, at \",~ ,'{"\Uhn.'J{ '>I"
()\\h~\b,-[\-I\C\(" (\III\h~it, on the \\ , ,day of "'( \, ,1998, at!" ',uo'clock
,
0. ,m., for a Pre-Hearing Custody Conference, At such conference, an effort will
be made to resolve the issues in dispute; or it 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 aiso be present at the conference. Failure to appear
at the conference may provide grounds for entry of a temporary or permanent order
or the court may issue a warrant for your arrest.
FOR THE COURT,
By:J{~\~'\} X~>Ql1P\,Ur"
Custody Conciliator --,,) ('~ \
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 FINli OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY 8AR ASSOCIATION
2 LmERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: 717.249.3188
have as little adverse consequence upon the child as pOllsible, Neither parent
shall malign or speak unfavorably of the opposing spouse and allow the child
to pl~ one parent against the other, Rather, both parties shall take all
reasonable measures to foster feelings of affection~ between Zackary and the
other parent and encourage that relationship.
4. Contrary to the terms of this provision, the Defendant h811 repeatedly
made comments to the minor child, criticizing the Mother, suggesting that the
Mother does not care about the child, insofar as maintaining a family, and
suggesting that the Mother has mental health problems, which the child would
simply have to learn to understand.
5. None of the above comments are true or correct, nor would it be
appropriate to make such comments to a child of this age.
6. On numerous occasions, the Father has telephoned the Mother,
sometimes leaving recorded messages disparaging her and her relationship with the
child, The Father leaves these messages, knowing that it is possible that the child
will himself hear the messages.
7. On a recent occasion, June 8, 1998, the Father left a long and rambling
tape recorded message on Mother's answering machine, in which he reviewed his
view of the breakup of the marriage and conclud~d by making the following
comments:
Your actions affect us. And the only way I can stop them from
affecting us I guess is to move on, and to leave you out there...leave you out
there, and explain to Zack that you're sick, and that you're getting help; that
you're going to a doctor to try to get help, I'll do what I have to to explain
so he understands that...I guess you don't fire on all eight cylinders, you
know, or six cylinders, or four cylinders. You're firing on half, And you
can't do more than one thing because you're not mentally cllpable. It'. too
much for you. You can't handle, or whatever. I'll try to explain to him that
you're getting help.
8. The Mother is aware of numerous occasions in which the Father has
made disparaging remarks about her toward the child, and has made attempts to
turn the child away from her love and affection by viewing her as a non-committed
mother,
9. The Father regularly uses the child as a means of communication
between the parties. Particularly, he will onen have the child contact Mother if
Father is wishing to have an extended period of custody, or an unscheduled da,y or
weekend. This places Mother in the position, if she is not able to make the
a<ijustment requested, of looking to the child as though she is denying the child
something. These types of communications should take place between the parents,
and not through the child. Although Mother has repeatedly made this point to
Father, he continues to \Ise the child as a mllans of communication over scheduling
and other custody issues, in violation of the above and other provisions of the
Order.
6. Under the terms ot' the present Order, Mother has primary physical
custody of the child during the summer. Father is to have two weeks of vacation
time with the child, as well as every other weekend and one evening per week.
Literally employed, this provision would not allow Mother any block of vacation
time with the child. Although the Order also provides that the parties are to work
together and to maintain flexibility, Mother has found this summer that Father haa
attempted to thwart her attempts to arrange a summer vacation period with the
child, resulting in her having to rearrange plans for a trip to Colorado, and
reBulting in Father demanding that he be given two make-up d~B for any d~
miBlled under the regular Bchedule. She is only having one week of conBecutive
time with the child thi8 8ummer, and even that haa been arranged with great
difficulty and turmoil. On the other hand, father haa arranged for each of hi8
weeks to coincide with hi8 weekend8, 80 that he haa elijoyed more than the
intended two week8 of vacation block8 of time. Initially, Father warned Mother
that any efforts on her part to have a block of vacation time, if they caused any
interference with hi8 regular 8chedule, would be charged llIl contempt, no matter
how much advance 8cheduling and con8ultation were to take place.
7, Accordingly, Mother reque8t8 that the Order be revi8ed to 8pecifically
provide for perioda of vacation time between Mother and child during the summer.
WHEREFORE, for the above referenced reaaon8, the Plaintiff re8pectfully
requests of this Honorable Court that it find the Defendant in contempt of exi8ting
CU8tOdy Order and that it 8anction the Defendant appropriately, including the
requirement that Defendant participate in some type of counselling to help him
aclju8t to the changed family unit brought about by the divorce, and to help him to
a<ljU8t to means of being able to maintain relations with his child while not beil1l
critical of mother or causing damage to the Mother's relation8hip with the child.
Also, thi8 would 888i8t Father in learning method8 of communicat.ing with Mother
about the child, without u8ing the child in the middle.
Further, Plaintiff reque8ts that the current CU8tody Order be modified to
provide for periods of vacation time between Mother and child during the Bummer,
VERIFICATION
I veritY that the statements made In this Petition are true and correct. I
underetand that false statements herein are made subject to the penalties provided
at 18 Pa, C.B.A. ~4904, relating to unsworn falsll1cation to authorities.
Dated:~
~~~ C~'Xl~""""...("_\(~
CYN IA J. A ECHT
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!I CYNTHIA J. ALBRECHT,
~ Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1686 CIVIL TERM
IN CUSTODY
v.
JEFFREY S. ALBRECHT,
Defendant
i! STIPULATION AND ORDER
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:: It is agreed by and between Jeffrey Albrecht (hereinafter
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" referred to as "father") and Cynthia Albrecht (hereinafter
referred to as "mother") the parents of Zackary Albrecht
(hereinafter referred to as "Zackary") born on May 22, 1989 as
follows.
1. Leaal Custody: The parties shall have shared legal custody
of Zackary. Shared legal custody means that the parties
shall have the right to share in any major decisions in the
child's life including medical, educational, and religious
decisions.
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Physical Custody: The parties agree that the father shall
have primary physical custody of Zackary. The mother shall
have partial physical custody of Zackary pursuant to the
following schedule:
a. During the school year, the mother shall have partial
custody of Zackary every other weekend from Friday
evening until Sunday ~vening. The mother shall.lac
have partial custody of the child for one evening
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during the week, said evening shall be Wednesday
evening unless otherwise agreed by the parties. While
the parties live in close vicinity to one another, the
one evening per week shall be an overnight stay with
the mother, Wh~n the father moves to Harrisburg or is
otherwise not living within close vicinity to the
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mother, then the mother's partial custody of the child
on one evening per week shall just be during the
evening hours and shall not be an overnight visit.
b.
Mother's first weekend of partial custody of the child I
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During the summer months, the mQther shall have primary'
shall be the weekend of November 21 through 23.
Mother shall have other periods of liberal, partial
physical custody of Zackary, as the parties may
otherwise agree,
c.
physical custody of Zackary. In the summer, father
shall have partial physical custody of Zackary. Father
shall be afforded two weeks of vacation time with
Zackary and shall also have every other weekend plus
one evening per week, said evening shall be Wednesday
evening unless otherwise agreed by the parties. While
the parties live in close vicinity to one another, the
one evening per week shall be an overnight stay with
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3.
When the father moves to Harrisburg or is
otherwise not living within close vicinity to the
mother, then the father's partial physical custody of
the child on one evening per week shall be during the
evening hours and shall not be an overnight visit.
Holidavs: The parties agree that they shall alternate
physical custody of Zackary during the holidays throughout
the year. Father shall have physical custody of the child
for the Thanksgiving Day holiday in the year 1997.
4. Flexibilitv: Both parents agree that they shall work with
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this arrangement so as to maintain flexibility.
5. Positive attitude: It is the intention of the parents to
amicably work together in the best interest of Zackary, so
that their separation and subsequent divorce shall have as
little adverse consequence upon the child as possible.
Neither parent shall malign or speak unfavorably of the
opposing spouse and allow the child to play one parent
against the other. Rather, both parties shall take all
reasonable measures to foster feelings of affection between
Zackary and the other parent and encourage that
j relationship,
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6. Court order: The parties request that this stipulation be
entered as an order of court.
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