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GOLDBERG, KATZMAN & SHIPMAN, P.C.
Paul J. Esposito, Esquire
Supreme Court 10 #25454-
320 Market Street, P.O. Box 1268
Harrisburg, PA ]7108-1266
Attorneys for PlaIntiff
SHARON D. SCHWARTZ,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY,PENNSYLVAN~
NO. m-;2D3) ~
CMLACTlON - LAW
CUSTODYMSITATION
RALPH H. SCHWARTZ,
Defendant
ORDER OF COURT
AND NOW, this ,f~t. day of ~,2000, upon consideration of the within
~~plaint, it is hereby directed that the parties and their respective ounsel appear before
~N '5". 'SJrJf)A'1.. f ~1 ' the conciliator, at 3 . ItlN . J-.,tsburtlj fA
on the a3rd day ot '(Y\o.~. , 2000, at I: 00 p.M., for a Pre-Hearing Custody (f
Conference. At such Conferen e, 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. Either party may bring the child who is the subject of this
custody action to the Conference, but the child/children's attendance is not mandatory.
Failure to appear at the Conference may provide grounds for entry of a temporary or
permanent order.
FOR THE COURT:
By:
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.
Office of the Court Administrator
Cumberland County Courthouse
Fourth Floor
Carlisle, PA 17013
(717) 240-6200
cc: Howard B. Krug, Esq.
Paul J. Esposito, Esq.
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SHARON D. SCHWARTZ,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY,PENNSYLVAN~
NO. (JO. ,2b 3'7 Co:n:rTv--
RALPH H. SCHWARTZ,
Defendant
CMLACTlON - LAW
CUSTODYMSITATION
COMPLAINT FOR CUSTODY
1. Plaintiff is SHARON D. SCHWARTZ, who currently resides at 548 North Enola
Drive, Enola, Cumberland County, Pennsylvania.
2. Defendant is RALPH H. SCHWARTZ, who is currently residing at 1845 Hunter
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff seeks primary physical custody and shared legal custody of:
Name: Nicholas Oliver Schwartz, DOB: 12/13/91
Present
Residence: 548 North Enola Drive, EnoIa, Cumberland County, Pennsylvania
The child was not born out of wedlock.
4. The child presently resides with Sharon D. Schwartz, Plaintiff herein, at 548
North Enola Drive, EnoIa, Cumberland County, Pennsylvania.
For the past fwe years, the child has lived with the following persons and at the
following addresses:
1995 - 6111199
1845 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania
Plaintiff and Defendant
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1845 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania
Plaintiff
10/99 - 3/28/00
1845 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania
Plaintiff and Defendant
3/28/00 - Present
548 North Enola Drive, EnoIa, Cumberland County, Pennsylvania
Plaintiff
The mother of the child is SHARON D. SCHWARTZ, Plaintiff herein, who is currently
residing at 548 North Enola Drive, Enola, Cumberland County, Pennsylvania. She is married
to the Defendant.
The father of the child is RALPH H. SCHWARTZ, Defendant herein, who is currently
residing at 1845 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania. He is
married to the Plaintiff.
5. The relationship of Plaintiff to the children is that of mother. Plaintiff currently
resides with the child.
6. The relationship of Defendant to the child is that of father. Defendant currently
resides alone.
7. Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth. 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 child.
8. The best interests and permanent welfare of the child will be served by the relief
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requested.
9. Plaintiff has not participated as a party, witness or in another capacity or in other
litigation concerning the custody of the child in this or another Court.
10. Each parent whose parental rights to the child have not been terminated and
the persons who have physical custody of the child have been named as a party to this action.
WHEREFORE, Plaintiff respectfully requests that the court grant the parties shared
legal custody and that primary physical custody of NICHOLAS OLIVER SCHWARTZ be
awarded to her.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By
Paul J. po to, Esquire
320 Market treet
Post Office Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Plaintiff
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VERIFICATION
I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY
are true and correct to the best of my knowledge, information and belief. I understand that false
statements contained herein are made subject to the penalties of 18 Pa.C. S. Section 4904 relating to
unsworn falsification to authorities.
Date:
3/;19/00
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SiIAROND. SCHwARTZ
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SHARON D. SCHWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-2037-Civil
RALPH H. SCHWARTZ,
Defendant
CIVIL ACTION - LAW
CUSTODY/VISITATION
NOTICE TO PLEAD
TO: SHARON D. SCHWARTZ, PLAINTIFF
AND
PAUL J. ESPOSITO, ESQUIRE, HER ATTORNEY
POST OFFICE BOX 1268
HARRISBURG, PA 17018-1268
YOU ARE HEREBY NOTIFIED to file a written response to the
attached Counterclaim within twenty (20) days from service hereof
or judgment may be entered against you.
Respectfully submitted,
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BY:
~ra B. K ug,
19 North F
Harrisburg, PA
(717)234-4178
1.0. No. 16826
Attorney for Defendant
Esquire
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17102
Date:
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SHARON D. SCHWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-2037-Civil
RALPH H. SCHWARTZ,
Defendant
CIVIL ACTION - LAW
CUSTODY/VISITATION
ANSWER AND COUNTERCLAIM TO COMPLAINT FOR CUSTODY
1. Admitted.
2. Admitted. However, Sharon D. Schwartz, left the
marital residence with the parties' son without the consent of
Ralph H. Schwartz.
3. Denied. The statement speaks for itself, except the
residence of the child is not 548 North Enola Drive, but rather
1845 Hunter Drive, Mechanicsburg, Pennsylvania.
4. Denied. Sharon D. Schwartz removed the parties' son
without right or Defendant's permission to the residence of
Sharon's Mother on North Enola Drive. At all times the child was
in the joint custody of both parties until March 28, 2000.
In addition, it is denied that Sharon D. Schwartz currently
resides at 548 North Enola Drive.
5. Admitted. However, the child resides with Mother only
because Father does not want to tear the child away from her,
placing the child in between the parties. Mother removed the
child knowing this.
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6. Admitted.
7. Admitted.
8 .
Denied as a mixed conclusion of law and fact.
Since
Father has been the nurturer of the subject child throughout the
child's life, the child's best interests would be to have Father
declared the custodial parent to raise Nicholas with visitation
rights for Mother.
9. Admitted.
10. Admitted.
WHEREFORE, Defendant requests that this Court grant him
primary physical and legal custody of Nicholas O. Schwartz and
dismiss Plaintiff's Complaint.
COUNTERCLAIM
11. Defendants answers set forth in Paragraphs One through
Ten hereof are incorporated herein by reference thereto.
12. Father has, since Nicholas' birth always been very
close to his son.
13. Throughout the child's life, there has been a nurturing
relationship between Father and son.
14. It is in the best interest of Nicholas to have Father
raise and continue to nurture his son.
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WHEREFORE, Defendant requests this Honorable Court to grant
him exclusive legal and physical custody of Nicholas with liberal
visitation rights of Mother.
Respectfully
ront Street
urg, PA 17102-2392
Telephone No. (717) 234-4178
1. D. No. 16826
Attorney for Defendant
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VERIFICATION
I, RALPH H. SCHWARTZ
, hereby verify that the
facts contained in the foregoing ANSWER & COUNTERCLAIM are
true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are
subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
6(~itt~.~
DATE:
9- 2$-00
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SHARON D. SCHWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-2037-Civil
RALPH H. SCHWARTZ,
Defendant
CIVIL ACTION - LAW
CUSTODY/VISITATION
CERTIFICATE OF SERVICE
I, ANGELA S. EATON, an employee of the law firm of Purcell,
Krug & Haller, counsel for Defendant, hereby certify that service
of the attached ANSWER & COUNTERCLAIM was made upon the following
by placing a copy of same in the United States Mail, first class
mail, postage prepaid, Dauphin County, Pennsylvania, on
Paul J. Eposito, Esquire
320 Market Street
PO Box 1268
Harrisburg, PA 17108-1268
LktL~Li. S~~ON
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GOLDBERG, KA'1'ZMAN & SHIPMAN, P.C.
Paul J. Esposito - I.D. #25454
Attorneys for Plaintiff
320E Market Street
Strawberry square
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
SHARON D. SCHWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
RALPH H. SCHWARTZ,
Defendant
NO. 00-2037 civil
CUSTODY/VISITATION
ACCEPTANCE OF SERVICE
I, Howard B. Krug, Esquire, hereby accept service of the
Complaint for Custody in behalf of Ralph H. Schwartz, Defendant in
the above-captioned action, and acknowledge
, ESQUIRE
do so.
Date: 4-/"/00
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GOWBERG, KATZMAN & SHIPMAN, P.CO
Paul J. Esposito, Esquire
Supreme Court lD #25454
320 Market Street, P.O. Box 1268
Harrisburg, PA 17108.1268
Attorneys for Plaintiff
SHARON D. SCHWARTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVAN~
v.
NO.00-2037-CMl
RALPH H. SCHWARTZ,
Defendant
CMLACTION - LAW
CUSTODYMSITATION
REPLY TO COUNTERCLAIM
AND NOW, comes Plaintiff, Sharon D. Schwartz, by and through her attorneys,
Goldberg, Katzman & Shipman, P.c., and Paul J. Esposito, Esquire, who responds to the
Defendant's Counterclaim as follows:
11. Requires no response.
12. Admitted.
13. Admitted; however, Plaintiff has been the primary nurturing parent since
Nicholas' birth.
14. It is admitted that Defendant should be involved in the raising of
Nicholas. However, given the fact that the parties and Nicholas will no longer be residing in
the common household, Plaintiff believes that Nicholas' best interests will be served by
remaining in Plaintiffs primary custody.
WHEREFORE, Plaintiff reiterates her request that she be granted primary
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physical custody and Defendant be granted temporary physical custody of Nicholas.
Respectfully submitted,
GOLDBERG, KATZMAN &- SHIPMAN, P.c.
By P~CHllRE
320 Market Street
Post Office Box 1268
Harrisburg, PA 17108-1268
Supreme Court 10 #25454
Attorneys for Plaintiff
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VERIFICATION
I verifY that the statements contained in theforegoingREPL Y TO COUNTERCLAIM
are true and correct to the best of my knowledge, information and belief I understand that false
statements contained herein are made subject to the penalties of18 Pa.C.S, Section 4904 relating to
unsworn falsification to authorities.
Date:
51/1/0Q
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SHARON D, SCHWARTZ
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CERTIFICATE OF SERVICE
On this 17th day of May, 2000, I certify that a copy of the foregoing REPLY
TO COUNTERCLAIM was served upon the following counsel of record for Defendant by
placing the same in the United States mail, first class, postage prepaid, addressed as follows:
Howard B. Krug, Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
GOLDBERG, KATZMAN & SHIPMAN, P.c.
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320 Market Street
Post Office Box 1268
Harrisburg, PA 17108-1268
Supreme Court 10 #25454
Attorneys for Plaintiff
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SHARON D. SCHWARTZ, :
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RALPH H. SCHWARTZ, .
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Defendant .
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IN THE roURT OF roMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-2037 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
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aIDER OF <XXlRT
AND lDl, this 3\-;'.*
consideration of the attached
and directed as follows:
day of 2 ,
CUstody COncili tJ.on Report, it
1. The Mother, Sharon D. Schwartz, and the Father, Ralph H. Schwartz,
shall have shared legal custody of Nicholas Oliver Schwartz, born December
13, 1991. Each parent shall have an equal right, to be exercised jointly
with the other parent, to make all major non-emergency decisions affecting
the Child's general well-being including, but not limited to, all decisions
regarding his health, education and religion.
2. The parties shall have physical custody of the Child in accordance
with the following schedule:
A. During the school year, the Father shall have custody of the
Child on alternating weekends, beginning June 26, 2000, fran
Friday at 5:30 p.m. through Monday morning when the Father
shall take the Child to school or return the Child to the
Mother's residence if the Child does not have school. During
weeks following the Father' s weekend period of custody, the
Father shall have custody of the Child from Thursday at 5:30
p.m. through Friday morning when the Father shall transport
the Child to school or to the Mother' s residence if the Child
does not have school. During weeks following the Mother's
weekend period of custody, the Father shall have custody of
the Child fran Monday at 5:30 p.m. through Tuesday morning
when the Father shall transport the Child to school or to the
Mother's residence if the Child does not have school. The
Father shall also have custody of the Child during each
bi-weekly period for 1 additional evening fran 5:00 p.m. until
8:00 p.m. upon providing at least 3 hours advance notice to
the Mother, with the specific evenings and times to be
arranged by agreement of the parties. The Father may have
custody of the Child at any other times agreed upon by the
parties.
The Mother shall have custody of the Child during the
school year at all times not otherwise specified for the
Father under this provision.
.
The school year custody schedule shall begin each Fall
with the Father having custody of the Child on the first
weekend after the school year begins.
B. During the Summer school break each year/ each party shall
have physical custody of the Child on an alternating weekly
basis, with the exchange of custody to take place every Sunday
evening at 6:00 p.m. The Mother shall also have custody of
the Child during the Sununer school break during the Father's
custody weeks when the Father is working. The Summer schedule
shall begin with the Father having custody of the Child
beginning on the first Sunday after the termination of the
school year. The Summer custody schedule shall end on the
last Sunday/ with at least one week remaining before the start
of the new school year. The school year custody schedule
shall resume with the Father having custody of the Child on
the first weekend after the school year begins.
3. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
Segment A/ which shall run fran Christmas Eve at 12:00 noon
through Christmas Day at 12:00 noon/ and Segment B/ which
shall run fran Christmas Day at 12:00 noon through December 26
at 12:00 noon. The Mother shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years. The Father shall have custody of the
Child during Segment A in odd numbered years and during
Segment B in even numbered years. The parties shall equally
share having custody of the Child for the remainder of the
Christmas school break, with the Father selecting his
preferred half of the school break in even numbered years and
the Mother selecting her preferred half of the school break in
odd numbered years.
B. THANKSGIVING: The Thanksgiving holiday shall be divided into
Segment A/ which shall run from the Wednesday before
Thanksgiving after school through Friday at 7:00 p.m. and
Segment B/ which shall run fran the Friday after Thanksgiving
at 7:00 p.m. through the following Monday at 7:00 p.m. The
Father shall have custody of the Child during Segment A in
even numbered years and during Segment B in odd numbered
years. The Mother shall have custody of the Child during
Segment A in odd numbered years and during Segment in even
numbered years.
C. EASTER: The Easter holiday shall be divided into Segment A/
which shall run fran the Saturday before Easter at 12:00 noon
through Easter Sunday at 12:00 noon/ and Segment B/which
shall run from Easter Sunday at 12:00 noon through the
following Monday at 12:00 noon. The Mother shall have custody
of the Child during Segment A in odd numbered years and during
Segment B in even numbered years. The Father shall have
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custody of the Child duJ;"ing Segment A in even numbered years
and during Segment B in odd numbered years.
D. MEMCIUAL DAY/LABOR DAY: In even numbered years, the Father
shall have custody of the Child on Memorial Day and the Mother
shall have custody on Labor Day. In odd numbered years, the
Mother shall have custody of the Child on Memorial Day and the
Father shall have custody on Labor Day. The periods of
custody under this provision shall run from 10:00 a.m. through
7:00 p.m. on the holiday.
E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of
the Child every year or! Mother's Day from 10:00 a.m. until
7:00 p.m. and the Father shall have custody of the Child every
year on Father's Day from 10:00 a.m. until 7:00 p.m.
F. In the event a holiday custody period falls immediately before
or following a party's regular period of custody, the period
of regularjholiday custody shall run continuously.
G. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
4. Unless otherwise agreed by the parties, the Father shall be
responsible to provide transportation for all exchanges of custody.
5. In the event either party is unavailable to provide care for the
Child during his or her periods of custody under this Order for an
overnight period or longer, that party shall first contact the other party
to offer that party the opportunity to provide the care before contacting
third party caregivers.
6. This Order is entered pursuant to an agreement of the parties at 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.
BY THE COURT,
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cc: Paul J. Esposito, Esquire - Counsel for Mother
Howard B. Krug, Esquire - Counsel for Father
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SHARON D. SCHWARTZ, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
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vs. . NO. 00-2037 CIVIL TERM
.
.
.
: CIVIL ACTION - LAW
RALPH H. SCHWARTZ, :
Defendant . CUSTODY
.
CUSTODY <niICILIATIOO SUMMARY REPCRr
IN Acccm>ANCE WITH CUMBERLAND CXXlNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Nicholas Oliver Schwartz
December 13, 1991
Mother
2. A Conciliation Conference was held on May 23, 2000, with the
following individuals in attendance: The Mother, Sharon D. Schwartz, with
her counsel, Paul J. Esposito, Esquire, and the Father, Ralph H. Schwartz,
with his counsel, Howard B. Krug, Esquire.
3. To their credit, the parties were able to reach an agreement at
the Conference as to ongoing custody arrangements. The Mother acknowledged
at the Conference that she was planning to rove to Boiling Springs around
the end of the school year and, after much discussion, the Father confirmed
that he would not challenge the Mother I s rove or enrollment of the Child in
the Boiling Springs School District.
4. The parties agreed to entry of an Order in the form as attached.
Dat~ ,;) ~ ,;).coO
Da'1~~
CUstody Conciliator