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Home My WebLink About07-0676 II LYDIA K. SCHNEIDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. (j 1. t I (, C/t); { -r lJLN- JEFFREY R. SCHNEIDER, Defendant IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, LYDIA K. SCHNEIDER, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is LYDIA K. SCHNEIDER, an adult individual who currently resides at 85 North 41st Street in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is JEFFREY R. SCHNEIDER, an adult individual whose residence of record is at 4883 Spring Road in Shermansdale, Perry County, Pennsylvania but whose current mailing address is 3 16th Training Squadron Unit 6665, Goodfellow, Texas 76908. 3. The Plaintiff and Defendant are husband and wife, having been married on 25 October 2003. 4. The Plaintiff and Defendant are the parents of one minor child, Katherine Lydia Schneider, born 25 December 2004. 5. The minor child is currently in the physical custody and care and control of the Plaintiff. 5. Plaintiff seeks an award of formal legal and physical custody of the child. 6. The child was not born out of wedlock and at the time of this Complaint. 7. Since the child's birth, the minor child has resided with the following persons at the following addresses: December 2004 - August 2005 4887 Spring Road Shermansdale, PA Plaintiff & Defendant August 2005 - December 2005 85 North 41 st Street Camp Hill, Pa 17011 Plaintiff & Defendant Decem ber 2005 - to present 85 North 41 st Street Camp Hill, PA 17011 Plaintiff only 8. The mother of the child is the Plaintiff who resides at the address set out above. She is married to the Defendant. 9. The father of the child is the Defendant who resides at the address set out above. He is married to the Plaintiff. 10. The Plaintiff is the natural mother of the child. Plaintiff currently resides with the child at the address listed above. 11. The Defendant is the natural father of the child. Defendant currently resides alone at the address listed above. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested by Plaintiff for the following reasons: A. The Defendant is currently on active duty in the Armed Services and is scheduled to be assigned to a base in Hawaii where he will not be readily available to make decisions regarding the legal custody of the child; and B. The child has always resided primarily with the Plaintiff and the Plaintiff has always provided the primary care for the child; and C. Defendant is unable, because of his employment status, to provide for the daily needs of the child; and D. Allowing the child to relocate with the Defendant to his new home in Hawaii would disrupt the child's life in a way which would be the disadvantage and detriment of the child; and E. Defendant has demonstrated a lack of understanding about the needs of the child, most recently by keeping the child away from Plaintiff's custody, without prior notice to or consent of Plaintiff, and concealing the whereabouts of himself and the child from Plaintiff for a period of almost one week. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. II WHEREFORE, Plaintiff prays this court to award her legal custody and primary physical custody of the minor child, Katherine Lydia Schneider, born 25 December 2004. ~Q Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 1 7043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date:~\(J'J ~ ~~Q~ilRl L K. SC IDER r-...:l C.~) 0 76 P c;:-, "lq ~'- -_J -r) 1t:- ~ -Tl .~ \ ;-'t-j -,- l.J (:.;::'j f11~ I r-T-; . w, D """- ~ , ~ " (? ~ , ---~ , 23 (') ~ -U j"71 ~ ~ 6'- p.: C.) -...J ::t:> f- --I:" LYDIA K. SCHNEIDER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 07-676 CIVIL ACTION LAW JEFFREY R. SCHNEIDER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 08, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 15,2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort wi1\ 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/ Jacqueline M. Verney, Esq. Custody Conciliator 'w i) The Court of Common Pleas ofCul11berland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .:n--L 0(,-"/1 ~ ""H" ~ .u~ 7?~ ~.... -' . -, - -'-",,1 (.0',7. e @ ~ , ""t?~ ~ t.(}'6'~ ~p Z~~~ t.r1-6-r ) 92 :2 told 6- 83:HODZ II I LYDIA K. SCHNEIDER, Plaintiff vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEFFREY R. SCHNEIDER, Defendant NO. 07-676 AFFIDAVIT OF SERVICE BY CERTIFIED MAIL AMY M. HARKINS. being duly sworn according to law. deposes and says as follows: 1. That she is an employee of Samuel L. Andes. attorney for the Plaintiff herein. 2. That on February 9, 2007 she delivered to the U.S. Postal Service in Lemoyne. Pennsylvania, as certified mail (Receipt No. 7004 0750 0002- 7281 4094) receipt requested, addressed to the Defendant herein. a true and correct copy of the Custody Complaint filed in the above-captioned action. 3. Said return receipt card is attached hereto as Exhibit A showing a date of delivery to the Defendant on 14 February 2007. ~ Qt1~LmJJ)jf4) My . HA INS Sworn to and subscribed before me this 5 -It day of-/Y1~ ,2007. _t~~ NotarY Public. (") :;; ~: r--:> C;:) = --1 ::Jr. ;,...:-p :;;0 ~ :::;:I ..- '"Ti rnp' -0 'f"0 ?~ ';E~ --~~~ ~~ (s,n --\ 2::: ;~ I 0' -0 ~ N -J II . Complete""" 1. 2. Md 3. Aleo 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. " ~-p. Is delivefy aiXInl88 dm-n from item 1? .. . If YES, enter delivery address below: I ;A :p;;;;ro~/Jl\ J J ~3{ U-dt yJ/1JlJ1lNl OLM Llw1-- ~ f; lJJ5 (j )jlJ1)d fU/AD 1X ~ q 3.Sce Type lfied Mall 0 Express Mail Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7004 0750 0002 7281 4094 .~'! PS Form 3811, August 2001 Domestic Return Receipt 102595-02.M.15-40 ( C <. ~~~- ;~:(! ~c ~e ~ --... r--:.l I",:,:.";,j ~:3 o -n .-1 :L-:!J :n~~ ~ ....\\,.. ~~; I 0"' r::;r rli -~:~l. -iJ :-< .. ~ MAR to 2007 I(f ~ 7 / LYDIA K. SCHNEIDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2007-676 CIVIL ACTION - LAW JEFFREY R. SCHNEIDER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ;;.~ day of f/l~ ,2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Lydia K. Schneider and the Father, Jeffrey R. Schneider, shall have shared legal custody of Katherine Lydia Schneider, born December 25,2004. 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 her health, education and religion. Pursuant to the terms of23 Pa.C.S. 95309, each parent shall be entitled to all records and infol11!ation pertaining to the child including, but not limited to medical, dental, religiou~ or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody consisting of a total of 10 weeks per year, with as many as 8 weeks of which may be exercised out of state at Father's duty station and at least 2 weeks exercised while Father is home on leave. Father shall provide Mother with at least 15 days prior notice of exercising his partial physical custody periods. When said periods are at his duty station, Father shall be responsible for providing the cost of transportation and a chaperone who may be his Mother, Rhonda Schneider, his sister, Jennifer Goslin or his aunt, Ronica Ansel or such other chaperone as the parties agree. ... 4. The non-custodial party shall have reasonable telephone contact with the child. The parties shall keep each other advised as to a current telephone number where the child may be contacted. 5. Neither party shall do or say anything, nor permit a third party from doing or saying anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 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 J. \iiNt<Yll,SNN3d A' f>1(Y.,"J ..'-.:'.~10.1^lnf'\ - ,1.1\ I... -.' .." ~f v 9 S : 1111~V 22 HVW LOOZ Al:f\Il0NOH10Dd 3H1 ~o 381.:J:l.O-G3ll:l '" LYDIA K. SCHNEIDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2007-676 CIVIL ACTION - LAW JEFFREY R. SCHNEIDER, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 Katherine Lydia Schneider December 25,2004 Mother 2. A Conciliation Conference was held in this matter on March 20,2007, with the following in attendance: The Mother, Lydia K. Schneider, with her counsel, Samuel L. Andes, Esquire, and the Father, Jeffrey R. Schneider, with his counsel Todd Hough, Esquire. 3. The parties agreed to an Order in the form as attached. 3 -'O{O-07 Date A,~. acq line M. V emey, Esquire Custody Conciliator