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Home My WebLink About97-01898 \ ..a.. ... " 1 "5 lIJ ~ ) ~ - h " '" ...s:I :t ~ \ \ \. ~ \ \ \ I ......... . . . ') \':J ~ 6. :; 0-- ' C) '< 5, Plaintiffs seek custody of the following child: NAME Desiree Schubert Present Address 234 A Locust Street Mechanicsburg, PA 6. The child was born out of wedlock, Date of Birth October 25, 1992 7. The child is presently in the custody of Mother, Stephanie 'I I Schubert, who currently resides at 234 A Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. With Whom Stephanie Schubert Jeff Heffelbower 8, During the past five (5) years, the child has resided with the following persons at the following addresses: .Emm 01/97 IQ Present Address 234 A Locust St. Mechanicsburg, PA 01/97 01/97 32 Copperwood St, York, PA 08/96 01/97 234 A Locust St, Mechanicsburg, PA 10/95 08/96 32 Copperwood St York, PA 09/95 10/95 234 A Locust St. Mechanicsburg, PA 08/95 09/95 32 Copperwood St. York, PA 07/95 08/95 120 Main Street Mechanicsburg, PA 07/95 07/95 32 Copperwood St. York, PA 06/95 07/95 120 Main Street Mechanicsburg, PA r' i r Evelyn Kauffman Brian Kauffman Stephanie Schubert Jeff Heffelbower Evelyn Kauffman Brian Kauffman Stephanie Schubert Evelyn Kauffman Brian Kauffman Stephanie Schubert Evelyn Kauffman Brian Kauffman Stephanie Schubert .Er.a.m 12 Address With Whom 11/94 06/95 32 Copperwood St, Evelyn Kauffman York, PA Brian Kauffman 1 0/94 11/94 120 Main Street Stephanie Schubert Mechanicsburg, PA 10/94 10/94 Main Street Jody Manson Mechanicsburg, PA 05/94 10/94 120 Main Street Stephanie Schubert Mechanicsburg, PA 02/94 05/94 99 West Portland St. Stephanie Schubert Mechanicsburg, PA Jody Manson Birth 02/94 York, PA Stephanie Schubert George Havens 9, The relationship of Plaintiff, James D, Schubert, to the child is Person Relationshio that of maternal grandfather, Plaintiff currently resides with the following person: Nancy A. Schubert Wife 10. The relationship of Plaintiff, Evelyn Kauffman, to the child is that of maternal step-grandmother. Plaintiff currently resides with the following person: Person Relationship Brian Kauffman Husband 11 . The relationship of Defendant to the child is that of natural mother, Defendant currently resides with the following persons: Person Relationship Jeff Heffelbower Boyfriend 12. Plaintiff and Defendant have 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. 1 3. Plaintiff and Defendant have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. Plaintiff and Defendant do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child/children, 15. The best interest and permanent welfare of the child will be served by granting Plaintiffs, James D, Schubert and Evelyn Kauffman, sole legal custody and primary physical custody of the minor child Desire Schubert, with Defendant to enjoy supervised visitation only, WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an Order granting sole legal and primary physical custody to Plaintiff, James D. Schubert, of the child. Respectfully Submitted, By: Edwar J, Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 17171 238-2200 Attorney Id, U17441 ATTORNEY FOR PLAINTIFFS I ! . "..t'. " VERIFICATION I, the undersigned, James D. Schubert, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and ~ belief. I understand that any false statements herein are made subject to the penalties of 18 Pa, C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: L/ /1 / q 7 / I C~~.'I~uJ), --li2t:;( James'p. Schubert ~ ~[;::) ('-, ~~':;J ~ ~ t;'v c::> '-'~ "' -- (-~J ~ r::::.J.. (', \.0 :. ( -I , ...' 1:- I r" ---J , ."1 . ,- ( ,. ;\ c:' :,"J ., \~) ~_. " " :'1 .:l...") / " " :-'. ::> ~I J . ~ p- C> G C'l ~ ," ~ ~ t' I I I I ~ I I I I I ~ 1 I I Sped31 DeJlvery Feo Reslnc1ed OOUI,CIY Fee "' ~ Return RllcflIpl ShoWlllg 11 .... ....j'hom & Dol!!! [)cuvered ~ Rttumfl~~Cjh:JWOll\o~ !it Dtl.',&M:t~,totsMttn g TOTALPosta~e" Fees CO M postma~ Of Dale ~ u. Ul Cl. s LI" Icf- y) - i' I'" . I. · ComoItt. hem. 1 -aneltOf' 2 fOl addIUonII "Me", . Complete thma 3. and 4. . b. I' Print your nIIM and Iddre.. on tht flV.", of thi. form 10 1Mt WI can IlIUM tN, Ctrd to you. I Atuch thlt form to tM 'ront of IN m.llpilce. 0' on the back If 'PIC' _not..._, . . Wrftt "R.tum "~pt Requelted'" on the rn.iI~c. below the ,rtkIt numbef 'II . the A.tum Rtctlpt will .how to whom the IrtlcI. w.. d.l..,."d lod the dati ,S-' I~~~~ , d3L{ A /J::f:!.cnt o+. ~o.'j(,.' 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JAMES D. SCHUBERT and EVELYN KAUFFMAN, Plaintiffs IN THE COURT OF COOMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . VB. NO. 97-1898 CIVIL TERM . . STEPHANIE SCHUBERT, Defendant CIVIL AcrION - LAW IN CUSTODY OODER OF CXXIRT AND tol, this '3 t"J day of :r l.lnc... , 1997, upon consideration of the attached Custody Concirrati'on Report, it is ordered and directed as follows: 1. The Mother, Stephanie Schubert, shall have primary physical and legal custody of Desiree Schubert, born October 25, 1992. 2. The parties shall submit themselves, and any other individuals deemed necessary by the counselor, to a minimum of six sessions of counseling/mediation to be conducted by Arnold Schienvold, PhD. The first session shall be scheduled as soon as possible after the Custody Conciliation Conference. The purpose of this counseling shall be to resolve conflicts that have arisen in the relationship between the parties which have contributed to the current custody dispute. The Plaintiffs shall be responsible for all unreimbursed costs of counseling. 3. Pending further Order of Court or agreement of the parties, the Plaintiffs, James D. Schubert and Evelyn Kauffman, shall have partial custody/visitation with the Child as follows: A. On alternating Wednesdays fran 6:00 p.m. until 8:00 p.m. The first period of custody under this paragraph shall take place on May 28, 1997 at the Mother's residence. Thereafter, Wednesday periods of custody shall not be restricted to the Mother's residence. On the interim Wednesday evenings, the Plaintiffs may contact the Child by telephone (one call fran each household) between 7:30 p.m. and 8:30 p.m. B. The Plaintiffs shall have a period of weekend custody, beginning May 31, 1997, on every third weekend. Until the counseling sessions begin, the Plaintiffs shall have custody of the Child on Saturday fran 12:00 noon until 6:00 p.m., and after the counseling sessions begin, from Saturday at 4:00 p.m. until the following Sunday at 5:00 p.m. C. At any additional times arranged by mutual agreement of the parties. 4. The Plaintiffs shall be responsible to provide all transportation for exchanges of custody under this Order. JAMES D. SCHUBERT and EVELYN KAUFFMAN, Plaintiffs IN THE COURT OF COOMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-1898 CIVIL TERM STEPHANIE SCHUBERT, Defendant CIVIL ACTION - LAW IN CUSTODY CUS'lOOY COOCILIATIOO 5lHlARY REPCRT IN ACXXJUlANCE wrm CtI1BERIJ\ND CXXNl'l( RULE OF CIVIL PR(b'nlRE 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 BIRTlI CllRRENl'Ly IN CUS'lOOY OF Desiree Schubert October 25, 1992 Defendant/Mother 2. A Conciliation Conference was held on May 20, 1997, with the following individuals in attendance: The maternal grandfather, James D. Schubert and his former girlfriend, Evelyn Kauffman, with their counsel, Edward J. Weintraub, Esquire and the Mother, Stephanie Schubert, with her counsel, Joan Carey, Esquire and Jennifer Gutshall, Legal Intern. The spouses of both James Schubert and Evelyn Kauffman accompanied the Plaintiffs to the Conference but did not attend the Conciliation proceedings in the conference room. 3. The Mother's counsel Challenged the Plaintiffs' standing at the Conference. However, the parties were able to reach a temporary agreement as to partial custody arrangements for the Plaintiffs and counseling for all parties. There has been serious damage to the relationship between the Mother and the Plaintiffs which, it is hoped, can be resolved through professional counseling. In the event the partial custody schedule set forth in the attached Order and the counseling program are not successful, the Mother reserves her right to challenge Plaintiff's standing to pursue this action in subsequent litigation. 4. The parties agreed to entry of an Order in the form as attached. fl1~ .;; 7 I C, 9 7 Date 0 ' QClA~_~LJu~~?;T Dawn S. Sunday, Esqu re Custody Conciliator , !~ ) "'r." ...1.1...._ ' ,,,'/"',~: !.:>, :: ;:~.! ';'IJ i. ~ :f .. ' :'.:1 9:': ~,iJ Lb ) ~~'lli'\'j , \o~.___., "" i..,.. _, ,_ 3~1J '0-'1.'." . .... 1,11-' v _ __ 1_ ;,''oJ' ! \ > , I I " I I " I I ...-..'."'.0-" , " ~ . ..... ,'. ..,. 4 .- .' . ~. LAW OFFICE EDWARD J. WEINTRAUB 2650 NORtH THIRD STREET HAIlJ$BURG; PENNSYLVANIA 17110 1717l 238-2200 FAX (717) 238-9280 1 _ ~ ; . ~G261997 , ~. , . . JAMES D. SCHUBERT and EVELYN KAUFFMAN, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-1898 v. STEPHANIE SCHUBERT, Defendant : CIVIL ACTION - LAW : IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY WHEREAS, the parties engaged in mediation with Arnold T. Shienvold, Ph.D. and reached a Memorandum of Understanding which they wish the Court to adopt as its Order; AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: 1 , The parties hereby agree that Desiree Ann Schubert, date of birth, 10/25/92, will be in the sole legal and physical custody of her mother, Stephanie Ann Schubert. 2. James Schubert shall have periods of visitation on the third weekend of each month from 6:00 pm on Saturday until Sunday at 7:00 pm. James shall pick-up and drop off Desiree at her mother's home. He shall also have the option of taking Desiree for a two hour visit one Wednesday of each month. 3. Evelyn Kauffman shall have periods of visitation on the first weekend of each month from 6:00 pm on Saturday until Sunday at 7:00 pm. Evelyn shall meet Stephanie at the McDonald's near Country Market for the pick-up and return of Desiree. 4, Evelyn Kauffman shall also be allowed one Wednesday evening visit per month for two hours. Transportation for this visit shall occur as described above, 5, If the regular weekend visitation overlaps with a holiday, the parties shall arrange an alternate weekend for the visit to occur, " 6. James Schubert and Evelyn Kauffman shall each be allowed one telephone contact per week with Desiree. This call should occur at a time convenient for all parties. 7. All of the parties understand the need for flexibility in providing for these visits, They agree to work together in order to ensure that the visits occur. 8. The times and days of the visits may be changed only upon the mutual agreement of all parties. 9. Stephanie agrees that Evelyn Kauffman and James Schubert may each take Desiree for one vacation per year, not to exceed 4 days unless otherwise agreed to by Stephanie, beginning in 1998. 10. If a conflict arises in the interpretation or performance of this agreement, all parties agree to return to mediation prior to initiating any litigation. If mediation is unsuccessful, the parties may proceed with any process they deem necessary to resolve the dispute. This Stipulation shall be entered as an Order of the Court. C\.~ .....1). -J:JL.P 4- !'r.Zt-JI1(2/,?Lt, k'lt.L0.,z,2--C ~ D, Schubert Stephanie Schubert 611J.y"1 I,~il'/In-"I.. qjZ5" , )~ E ward J. Weintraub, Esquire Attorney for Plaintiffs oan Carey, Esquire Attorney for Defendant BY THE COURT: Date: 2 (') ~O 0 ~.~ -.I 'q , no ".:i '"l;, rll:. ~}:; . Ii ~2J ~,/ N .,m t;;'\ ';6 '1-": \~ .." : 1 ~ '1 <~ '.: ~iJ , ,C )[-, ~~Z.; ,'-.;111 '-' ;rJ ::J :.) :Ll -.. C:l -< ~EP 0 8 1997 JAMES D. SCHUBERT and : IN THE COURT OF COOMON PLEAS OF EVELYN KAUFFMAN, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiffs : . . VS. . NO. 97-1898 CIVIL TERM . . . STEPHANIE SCHUBERT, . CIVI[, ACTION - LAW . Defendant . IN CUSTODY . ! ! I j ,. ClU>ER Of! CXXJRT l\ND !Dol, this 2nd day of September, 1997, the Conciliator, having received a signed copy of the Custody Agreement entered into by all parties to this action resolving all outstanding custody issues, hereby relinquishes jurisdiction in this case. g~~ Custody Conciliator () 1.0 () r -.J "I -.. ~. '/) -, C''1 -~i:n ~ :;: ; ''J , ,- I ':111 ,~) f)) -; , ,0 'u r -,I '.OJ . ,!C) ~.;) "In 1...) :;;~ ... .. :.., ,-< I::> -,