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HomeMy WebLinkAbout00-05353 i, J jj ii i I." .. , t ..J TRACI L. SCHANER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNT~PENNSYLVAMA Plaintiff : CIVIL ACTION -LAW v. : NO. 00-5353 CIVIL TERM WILLIAM J. SCHANER, JR., Defendant : In Custody NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have wilfully disobeyed an Order of Court for partial custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defenses or objections. Whether or not you file in writing with the Court your defenses or objections, you must appearinpersonincourton,j~ I. 0200 { . at.].DOI'.m.,inCourtroom ~ ' Cumberland County Courthouse, Courth se Square, Carlisle, P A. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court finds that you have wilfully failed to comply with its Order for partial custody, you may be found to be in contempt of court and committed to jail, fined or both. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166 7:0' ~ ~.l ,~~ \f' 0' ~ . , . - - _~ . c',,; J. ~--~ ,~,," .." -, .~-- " ,-,--, ~, ~-, " ,,-, '," - -~- ",..w .... .,.l!.,1,.i",.,., j " ,",",_C,', III, I 1_ , '_'.0,""",, ,YC,,:_,,~,~J..~ ,,~, ;-~/V_" 'T~~. ........: .~~ ,",'< ,""",0" '''''''''~ _.,_ " ~"~~... _~N_ "d' --,~~, "'~-~"~.. P\ ,c\\_(jtY',C'e. ~'o.'l ~:\>..,;~.,".,'~j.:.. h~;:.\\'\O~.\O \~ \ CJ;;' . G\ j8~ t"J ?';\ \~ \ ~ C\l~~~~~~K~ '...'-, '.~'"I_'.- ,-,. ' ~< 0- ,~ ~_ ~ , "~ ~ ",~ ~~ " , , J I I , , I I I I I i I I I I I i i I I I I , I , ! I I i I TRACI L. SCHANER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION - LAW v. NO, 00-5353 CIVIL TERM WILLIAM J. SCHANER, JR., Defendant In Custody PLAINTIFF'S PETITION FOR CIVIL CONTEMPT AND FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P, 1915.13 AND NOW, comes the above-named Plaintiff, TRACI L. SCHANER, by and through her counsel, CONSTANCE P. BRUNT, ESQUIRE, and petitions this Honorable Court as follows: 1. The above-captioned action was initiated by Plaintiffs filing ofa Complaint for Custody on August 1,2000. 2. Following a pre-hearing custody conference, an Interim Order of Court was entered on September 7, 2000, directing the parties to subrnit themselves and their minor daughter to an independent custody evaluation, including an evaluation of Defendant by a certified addictions counselor. A true and correct copy of the said Interim Order Of Court is attached hereto as Exhibit "A". 3. Because the Defendant, WILLIAM J. SCHANER, JR., failed to promptly I, =-r-"., ~ ','-.'C'^ _~ '~a ,_,""'_"_'_'_~~_'I~__n .".,- ". > H ''''-''"'~''_';<__'~_" ~~_~'" ,-_~,__ ,__c,.-, _ ,__,,~_,~ .=, ., .;J cornply with the aforesaid provisions of the Interim Order of Court, on September 29, 2000, Plaintiff filed a Motion to Compel Evaluations And For Continuance Of Custody Hearing. 4. An Order of Court was entered on October 3, 2000, directing Defendant to promptly cornply with the terms ofthe Interim Order of Court of September 7, 2000, including prompt cooperation in the cornpletion of an independent custody evaluation by Arnold T. Shienvold, Ph.D., and an alcohol evaluation by a certified addictions counselor. The hearing which was scheduled for October 12,2000, was continued generally, subject to being rescheduled following cornpletion of the custody evaluation and alcohol evaluation. A true and correct copy of the said Order Of Court is attached hereto as Exhibit "B". I I: I I, 5. The parties commenced an evaluation by Dr. Shienvold as directed in the aforesaid Order of Court, but Plaintiff has been informed by Dr. Shienvold' s office that Defendant has failed to appear for his last two scheduled appointments. 6. Defendant has also verbally told Plaintiff that he does not intend to continue with the custody evaluation, despite the provisions of the said Orders of Court. I' it Ii I ~!\j I ,] " ~: II I, II ~i I'i I, .Ii Iii ili Ii ,I ,I ~ I I l' 7. Plaintiffs counsel has requested on several occasions that Defendant's counsel inform her of the status of Defendant's alcohol evaluation by a certified addictions counselor, but to date Defendant has apparently not complied with the Orders 2 _' ~'"."">""',~, " "."1-_"__ __-"~.,," _' ",' ,_ ~__3' ""'.'(' ("""_"0 ,,_ , '_ ","' w _ . ", ~ __ "","",^"" _', _' ~,c",,-__ "".. _, '.L", ,', ,.-.,.. \_1,'__' '.', , . , of September 7,2000, and October 3, 2000, by engaging in the alcohol evaluation. 8. The Interim Order of Court of September 7, 2000, which was specifically incorporated into the subsequent Order of Court on October 3, 2000, prohibited Defendant from consuming alcohol on any day in which he enjoys physical custody of the minor child. 9. On several occasions since the entry of the Order of October 3, 2000, the Plaintiff has observed that Defendant has been drinking during times when he has had custody of the minor child and has apparently operated a motor vehicle after drinking, with the rninor child in the car. 10. Most recently, on Saturday, January 6, the Defendant was scheduled to have partial custody of the minor child until 1 :00 p.rn. The parties agreed, however, that he would retain custody for additional tirne during that afternoon, due to an appointment which Plaintiff had to attend. 11. Defendant subsequently refused to return the minor child to Plaintiff s custody, causing her to contact the police. When she went to the Defendant's residence to retrieve the child, Defendant had obviously been drinking a great deal and assaulted Plaintiff. 12. Because Defendant has acknowledged at the pre-hearing custody 3 , 1^' ~ ',- ,q, _="'c' ,~_~_. -, '," .,~- ", ,0'< ,;co'_'1' .,R_ _, . __,~, -, ~'--' - ,-, ,"" ~ ,.,.." - , " ~ ,. . , conference that he has started drinking again after several years as a recovering alcoholic, Plaintiff is extremely concerned about the safety and welfare of their child while in his custody. 13. Defendant has willfully failed to abide by the Order of Court entered on October 3,2000, incorporating the provisions of the Interim Order of Court entered on Septernber 7, 2000, by his failure to cooperate in an independent custody evaluation and an alcohol evaluation and by his consumption of alcohol during his periods of physical custody. 14. Plaintiff requests that Defendant be held in Contempt of Court. 15. Because of the Defendant's willful conternpt ofthe aforesaid Orders of Court and the resulting danger to the safety and welfare of the minor child of the parties, Plaintiff seeks the entry ofan Order of Court pursuant to Pa.R.C.P. 1915.13, setting forth a schedule of supervised periods of partial custody of the minor child by Defendant, pending completion of the alcohol evaluation and custody evaluation and further Order of Court. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order providing as follows: (a.) Holding Defendant in Contempt of Court for his willful failure to abide by the Orders entered on September 7, 2000, and October 3, 4 "~ , ' ~ - ,_ >" - ,"p'""_ c-<" - ~_ ,~ ".',r,o, "';~_ _".__~"'C' .'<" -, _ '.~'_- ~____"" _ " . - ,'"' _,' '-.,,~ ", _", ~'. _. . ."_ __~_ __~, . , . 2000; and (b.) Setting forth a schedule of supervised periods of partial custody of the minor child by Defendant pending further Order of Court. Respectfully submitted, ~~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant 5 r,'-'ll ',- ~_ _ _"',_' ,_ <_ """~" '",,_'_ _>c' oN" -, ,"'~. "'':~ __' ,."~_; ,,~. _~;~_,""J,^ ~',,_ ,""';_, "'"">' ,r ,,,,~,_ , ,,,. '-,'._'-- ,-.. .-,- - . , . , VERIFICATION I verify that the statements made in the foregoing Plaintiffs Petition for Civil Contempt And for Special Relief Pursuant to Pa.R.C.P. 1915.13 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !i4904, relating to unsworn falsification to authorities. DATED: 'lit/Of ,-" I' -, ,--,!,,_,,~~~,_ _,.,,:,_,-_-t"/S__:-_ T__ ~>' .~~_> _'__" - _ co," ,,' ,.," _~__,'_____ d -..- '.' "'"','-.-,'.,, . I 'I . I J' . CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the I 'If ~ day of --- 20; ,2001, I served a true and correct copy of the foregoing Plaintiff's Petition for Civil Contempt And for Special Relief Pursuant to Pa.R.C.P. 1915.13 by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Andrea C. Jacobsen, Esquire JACOBSEN & MILKES 52 East High Street Carlisle, P A 17013-3085 Attorney for Defendant LIt#} CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant i"-",,~. ~ I' --I.1-"-","'O=~_'_~,._1~~""P_"-",:",._.t',.~,~,., ,,$,' ". "'_"_'_"_',"""__,_''''~" - ."'" ,'; .~-.-.~ - - -,,,,,. - .- > '.." , ~ " , " , SEP 0 1 2000 V' TRACI L. SCHANER, Plaintiff , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, WILLIAM J. SCHANER, JR. Defendant No. 00-5353 Civil Action - Law In Custody AND NOW, this 7th day of , 2000 upon consideration of the attached Custody Conciliation Summary Report it is hereby directed and ordered as follows: 1, A Hearing is scheduled in Court Room f J. of the Cumberland County Courthouse, on the /~fh day of rOl'!:a.I~'I) ,2000, at J: jO o'clock P m" at which time testimony will be taken, For purposes of the Hearing, the Mother, Traci L. Schaner, shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness, These Memoranda shall be filed at least 10 days prior to the Hearing date, 2, The parties shall submit themselves and their minor Daughter to an evaluation, This shall be an independent Custody Evaluation to include and evaluation by a Certified Addictions Counselor. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties, Cost of this evaluation shall initially be shared by the parties in proportion to their net incomes, with the understanding that neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party, ?-- <- __',"."r ".,._ , " .... " , Docket No, 00-5353 3, Legal Custody: Pending further Order of this Court or Agreement of the parties, the Mother, Traci L Schaner and the Father, William J, Schaner, Jr., shall share legal custody of the child, Gabrielle Elizabeth Schaner, born July 13, 1996, They shall consult with each other relative to all important decisions regarding the child, including such matters as health, education and religion, Therefore, both parents shall have the authority to make routine decisions regarding the welfare of the child, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the child, Each of the parties shall have access to all the children'S medical, dental, hospital and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the children's health and educational progress, Each of the parties shall be provided with schedules of school events, when available, or in the alternative, provide two weeks' notice to the other party if such an event is upcoming, The parties shall make reasonable efforts to communicate regarding the child, 4, Physical Custody, Pending further Order of this Court, or an Agreement of the Parties, the parties shall share custody as follows: a, Father shall have custody each Tuesday over night until Wednesday morning ',I 'I. :1 b, Father shall have custody each Saturday morning until 1:00 p,m, c, Effective September 8, 2000 Father shall have custody on alternate weekends from Saturday morning until Sunday at 5:00 p,m, d, Mother shall have custody at all other times not specified herein, 5, Father shall not consum~ alcohol on any day in which he enjoys physical custody, i ;'1 ."', , , , .'4 ' " , BY THE COURT, cc' Constance p, Brunt, Esquir~ ' Andrea C, Jacobsen, EsqUire Ndfll,j 13 AIr TRUE 0 '!'Y r!,<';!,j lOTOIm In L;sll:n'''::li' L .:' ,!, : !. ;. " ':;J .::'~j nlY hand ~';d ;;,,, ',' '~~'; ~,' ''':''Hlidj, Po, 11"t,S] {r. ~LJd.o/lt/ C~) :-.. '/.'lLU . ...UI.I.Xr.~OYl!L '"' . Prothonotary --'-,,~~ , , . " .. . j ..,,), TRACI L. SCIiANEn, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. NO, 00-5353 WILUAM J. SCHANEn, JR., Defendant In Cnstody ORDER OF COURT AND NOW, this 3f'<:lday of V c::.b be~ , 2000, upon consideration of the Motion To Compel Evaluation And For Continuance Of Custody Hearing filed by the Plaintiff herein, " i. I' i It !i t I I " I: Ii " I it EBB I r I' IT IS HEREBY ORDERED AND DECREED as follows: l. Defendant, WILLIAM J. SCHANER, JR., is directed to promptly comply with the tcrms of the Interim Order Of Court entered on September 7, 2000, including prompt cooperation in the completion of an independent custody evaluation by Arnold T. Shienvold, Ph.D" and an alcohol evaluation by a Certified Addictions Counselor. If Defendant chooses to utilize a Certified Addictions Counselor who is not authorized by the parties' medical insurer, he shall be solely responsible for the cost. - " " . ~ I . . , II 2, The hcaring schedulcd for October 12,2000, at 1:30 p,m., is hereby continued generally. The hcaring shall be rescheduled upon the rcquest of cither party following complction of thc custody evaluation and alcohol evaluation described herein and in the Intcrim Ordcr Of Court daled September 7, 2000, and upon receipt ofwriUen report from the cvaluators, 3, All other provisions of the Interim Order Of Court dated September 7, 2000, including specifically the provisions relating to interim legal and physical custody of the minor child, Gabrielle Elizabeth Schaner, shall remain in full force and effect, pending further order of Court. BY TIlE COURT: ISIl!!:rhl13 d~ 'E6GAR ,BAYLEY, J. cc: Constance p, Brunt, Esquire Andrea C. Jacobscn, Esquire ii:~) , TRACI L SCHANER PLAINTIFF V, WILLIAM J. SCHANER, JR, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5353 CML ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of August ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq, , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 21st day of August ,2000, at 1:00 p.m. 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 pennanent order, FOR THE COURT, By: Isl Melissa P. Greev Es 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ''''''l, , ". -,- ~I~~~tll~\cl;"',"% -- _'BJ>"<ll~;r,;jjO)"_._~""",~,,,.,~~U",..~' ....,-_i:OIi&illJ~liiIl_Wl~ lIif\,d" ~ ~. , ~~ m.EO-0"FIf'E Or ~'II"" I, V r ! r':: tJDrT'H' 'l'''OTARY "".vi, \.}l'i1li 00 AUG -7 PI; 2152 CUMBERLAND COUNTY PENNSYLVANttI ?7.C:V 6d-~ ~ ;;0 4 ~ ~./.m '71~ :.~ Z dL!7. 'i"/'O~ ~ ~ :6 4 ~ , ""~),,,,,_;:,,I,,,;~,,:;~),;-._P:'.,:, jr [b.: Hn ]1 ] ~ .,. -,,: __ -"','_ .,~, ',,_ -_",~"",,,,,,,,,Uc<I._Lr,"_~ ,<_UJJ}~."_l"';~"';~" J~; ',," _,_~, , ~ _''0 0 ;_~",,,_,, -_ _~ _ , , ~ - ~ ^" -, '.11 '-' , ] ":" :'. TRACI L. SCHANER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : NO. 00- S.3~.3 Cic..)~L T~ WILLIAM J. SCHANER, JR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _ day of ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of ,2000, at _ .m., 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. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities 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 arrangernents rnust 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ^,-,', -' r. "'. '___0.,_' -"" "";;',"','"P'_, 0"." ~_~_"._, "Y"',_~'____ , " ~-' ","__" >"<1. d_~ , ~" ~~ , ~ TRACI L. SCHANER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION -LAW : NO. b(} - 5353 ~ "'I~ WILLIAM J. SCHANER, JR., Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, TRACI L. SCHANER, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and respectfully represents as follows: 1. The Plaintiff is TRACI L. SCHANER, residing at 254 Governor Stables Road, Bainbridge, Lancaster County, Pennsylvania, 17502. 2. The Defendant is WILLIAM J. SCHANER, JR., residing at 4066 Seneca Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011, 3. The Plaintiff is seeking primary legal and physical custody of the following child: Narne Residence Age Gabrielle Elizabeth Schaner 254 Governor Stables Road Bainbridge, PA 17502. 4 years ,- .-,-.--"1 ";<"-".- -, ~- " -~ > .--<-" " ~ Or'_' ,_",_.~ ,~ ~,- The child was born of the marriage between Plaintiff and Defendant. The child is presently in the custody of Plaintiff, TRACI L. SCHANER, who currently resides at 254 Governor Stables Road, Bainbridge, Lancaster County, Pennsylvania, 17502. Since birth, the child has resided with the following persons and at the following addresses: (a) Prom July 21,2000, through the present 254 Governor Stables Road Bainbridge, P A 17502 With Plaintiff, Daniel & Deborah Schmidt and their two children (b) Prorn birth through July 21, 2000 4066 Seneca Avenue Camp Hill, PA 17011 With Plaintiff and Defendant The rnother of the child is Plaintiff, TRACI L. SCHANER, residing at 254 Governor Stables Road, Bainbridge, Lancaster County, Pennsylvania, 17502. She is presently rnarried to Defendant. The father of the child is Defendant, WILLIAM J. SCHANER, JR., residing at 4066 Seneca Avenue, Camp Hill, Cumberland County, Pennsylvania, 170 I I. He is presently rnarried to Plaintiff. 2 4. The relationship of Plaintiff, TRACI L. SCHANER, to the child is that of natural rnother. 5. The relationship of Defendant, WILLIAM J. SCHANER, JR., to the child is that of natural father. 6. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. Plaintiff has no information of a custody proceeding concerning the custody of the said child pending in a court of this Commonwealth or any other state. Plaintiff does 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. 7. The relief requested by Plaintiff is in the best interests of the child because the Plaintiff has served as the prirnary caregiver for the child since her birth 4 years ago, and because the Defendant's current physical and psychological condition renders him incapable of providing proper care and supervision of the child. 3 I.! " to! Ii Ii Ii Ii I' ~ [:' I" ~" '" ,." ~.... , ,", ' 0,..... ~~ 8. Each parent whose parental rights of the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the entry of an Order of Court granting her primary legal and physical custody of the said minor child. Respectfully submitted, DATED: !/I/OD /x$ CONSTANCE P. BRUNT, ESQUIRE Supreme Court LD. #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232.7200 Attorney for Plaintiff , , ii II Ii Ii [I Ii Ii II I. Ii 1'; I\<~, - 4 ,~=- - .- VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATED: 7/11/00 ~, ::::, LL CI L. SCHANER, Plaintiff 'I ,- , ,., ~ -, ,.~ ~ ._- ~--- TRACI L. SCHANER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW :.NO. 00-5353 WILLIAM J. SCHANER, JR., Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that: 1. On August 1,2000, a Cornplaint for Custody was filed on behalf of Plaintiff and against Defendant in the above matter. 2. On August 2, 2000, I forwarded, both by ordinary first class mail and by certified mail, return receipt requested, restricted delivery, a true and correct copy of the Cornplaint for Custody, to Defendant, WILLIAM J. SCHANER, JR., addressed to 4066 SenecaStreet, Camp Hill, Pennsylvania 17011, as evidenced by the sender's receipt attached hereto. 'i i ,j ;:) '" 3. The aforesaid certified copy of the Cornplaint for Custody sent to the ", [, , Defendant, WILLIAM J. SCHANER, JR., was delivered on August 4, 2000, as evidenced ;i"____,,,,,,_, '~I__'_ < ,h"<>_' ?J<"'<,,,,_-,~ _". "c '_.? _,~ . "^ .~_ by the return receipt card signed by the Defendant and attached hereto. 4. To the best of my information and belief, the signature on Part 6 of the return receipt card is, in fact, the signature of the Defendant, WILLIAM J. SCHANER, JR. DATED: f!{O!60 L~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court LD. #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 Attorney for Plaintiff ::j -<I i :!I 'I . .il A ;~ A ,f !i J! 2 <:; . -d i:] ;''-.~ '" '", "",_...="","-'<_~_",=,_'_ _" ~-,~_"~" 0_ __""."H,',,,,", _,~.",., Y._~__". _ i" ""-~, - ",,-,,' , --- ~- u,,, , Z 0"13 52"1 859 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Inlem.lional Mail ISee revelSe) 5en\to Wllliam J. Schaner, Jr TO' ~ Number 6 Seneca Street Pcst OlIIce, Statr & ZIP Cod. amp H 11, PA 17011 Postage $ .55 Certified Fee 1. 40 Special Delivery Fee Restricted Delivery Fee 2.75 Retum Receipt Showing 10 1. 25 Whom & Date Delivered Return Receipt Showing 10 Whom, Dale, & Address99's Address TOTAL Postage & Fees $ 5.95 Postmark or Date August 2, 2000 , -_.-- - ~ -- "' en en ~ C- o( o Q CO l') E o IL U) n. ('." .. " 'iij I i J Ii I II 1) il ,I i ,., !!! 11 , I 'I ., I ~$~DER: lilf~iil_t<li_lhefollow' ing services (for an extra fee): [] Complete-Items 1 and/or 2 for additional services. Complete ilems 3, 4a, and 4b. El Print your natne and address on the reverse of1his'form so that we can relurn this card to you. C Attach thisJoriTI to the front oftha mailpiece, or on the back if space does not j permit. . 1:1 Write "FifJrJm Aeceipt-Requested' on the mailpiec.e below-the article number. ClThe Return Receipt will show to whom the artiere was delivered and-the date delivered. :3. Article Addressed to: f I J f J l I 1. 0, ,Addressee's,Apdress . IE Restricted Delivery 4a. Article Number Z 093 529 4b. Service Type o Registered o Express Mail o Return Receipt for Me 859 William J. Schaner, Jr. 4066 Seneca St~tAV~ Camp Hill, PK '17611 7. Date of Delivery 8. Addressee's Addr~ fee is paid) ~ ,~ ~ SEP 0 1 2000VJ TRACI L. SCHANER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, WILLIAM J, SCHANER, JR. Defendant. No, 00-5353 Civil Action - Law In Custody INTERIM ORDER OF COURT AND NOW, this ,tk day of #tJ ~ , 2000 upon consideration of the attached Custody Conciliation Summary Report it is hereby directed and ordered as follows: 1, A Hearing is scheduled in Court Room # ~ of the Cumberland County Courthouse, on the 1:1!:i\ day of ()~ ,2000, at L3D o'clock p. m, , at which time testimony will be taken. For purposes of the Hearing, the Mother, Traci L. Schaner, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. 2, The parties shall submit themselves and their minor Daughter to an evaluation, This shall be an independent Custody Evaluation to include and evaluation by a Certified Addictions Counselor. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties. Cost of this evaluation shall initially be shared by the parties in proportion to their net incomes, with the understanding that neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party, -"0f' . _ ~ Docket No, 00-5353 3. Legal Custody: Pending further Order of this Court or Agreement of the parties, the Mother, Traci L Schaner and the Father, William J, Schaner, Jr., shall share legal custody of the child, Gabrielle Elizabeth Schaner, born July 13, 1996. They shall consult with each other relative to all important decisions regarding the child, including such matters as health, education and religion. Therefore, both parents shall have the authority to make routine decisions regarding the welfare of the child, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the child. Each of the parties shall have access to all the children's medical, dental, hospital and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the children's health and educational progress, Each of the parties shall be provided with schedules of school events, when available, or in the alternative, provide two weeks' notice to the other party if such an event is upcoming, The parties shall make reasonable efforts to communicate regarding the child. 4, Physical Custody, Pending further Order of this Court, or an Agreement of the Parties, the parties shall share custody as follows: a, Father shall have custody each Tuesday over night until Wednesday morning b, Father shall have custody each Saturday morning until 1 :00 p.m. c, Effective September 8, 2000 Father shall have custody on alternate weekends from Saturday morning until Sunday at 5:00 p.m, d, Mother shall have custody at all other times not specified herein, 5. Father shall not consume alcohol on any day in which he enjoys physical custody, ',7'f'/ , ' . ,,-, cc: Constance P. Brunt, Esquire Andrea C. Jacobsen, Esquire Of . 0 ....,0 ()(\~ , " .--< J. t ~ '~;r~""""'~~~~lliM'~~"~~i~&l!!t~li'lli...l.!.lr~~\I/Il~liIIlU!:i:I. ,.,.JllilOO,~\%,"..., "'N."",." '.', ...~-"'" ",", ~~..... -~ .r::..r:";) ',:"'ii'l!";. '\ ~"/"j{1Y ~. / (J' ~) r: C(jlf'~";' i':!"_' (i'. ',' / .:: ....10,,<.,;;,1., ,'>_/.,)i /" flY 1\<....--fLI//-Aj' ,'JI\:/ ""vi;i 1rIll" ..J~~" - ~ TRACI L. SCHANER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. WILLIAM J. SCHANER, JR, Defendant No. 00-5353 Civil Action - Law In Custody . 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 Gabrielle Elizabeth Schaner July 13,1996 Mother 2. A Conciliation Conference was held on August 21, 2000, with the following individuals in attendance: The Mother, Traci L. Schaner, and her counsel, Constance Brunt, Esquire; the Father, William J, Schaner, Jr. with his counsel, Andrea Jacobsen, Esquire. 3, The parties did not reach an agreement An Interim Order in the form as attached is recommended to the Court. 4, Custodial arrangement at time of Conference: Following a July 21,2000 separation, Mother had taken the majority of the custodial time. Father had alternating weekends from Friday through Sunday and on alternating weeks, one overnight during the week, 5. Mother's position is that all periods of custody with Father should be supervised. She alleges that he is abusing alcohol after a fairly lengthy period of abstinence, She alleges that she is primary care giver to the child. Mother works full time, Saturdays until about noon or 1 :00 p.m. and Tuesdays until 8:00 p.m, She and the child reside in Mechanicsburg. 6. Father's position is that he desires shared physical custody. He denies that alcohol is a problem for him at this time. Father is self employed and resides in Camp Hill. ~:~ "' ,._. c.. Docket No. 00-5353 7, The parties were able to reach some agreements: Father shall not consume alcohol on any day during which he has custody, the parties shall have shared legal custody, custodial time on Father's Day shall be with Father and on Mother's Day shall be with Mother from 9:00 a,m. until 8:00 p.m., they would undergo an independent custody evaluation, to include an evaluation regarding Father's alcohol use, and that Father shall have custody when Mother works on Tuesday evenings. 8. An interim order as attached is recommended to the Court, pending the outcome of the evaluation, The parties may return to conciliation rather than proceed to a hearing upon the completion of the Custody evaluation, ~ <;j,k07-J Oat ,~--,i/reH)/0~ Melissa Peel Greevy, Esquire Custody Conciliator ,. ~ TRACI L. SCHANER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. : NO. 00-5353 WILLIAM J. SCHANER, JR., Defendant In Custody ORDER OF COURT ANDNOW,thiJ~dayof ~ , 2000, upon consideration of the Motion To Compel Evaluation And For Continuance Of Custody Hearing filed by the Plaintiff herein, IT IS HEREBY ORDERED AND DECREED as follows: I. Defendant, WILLIAM J. SCHANER, JR., is directed to promptly comply with, ~ t~e terms of the Interim Ord~ Of Court entered on September 7. 20~.. inCludi:g prompt '" cooperation in the cornpletion of an independent custody evaluation by Arnold T. Shienvold, Ph.D., and an alcohol evaluation by a Certified Addictions Counselor. If Defendant chooses to utilize a Certified Addictions Counselor who is not authorized by the parties' medical insurer, he shall be solely responsible for the cost. 1- -"'.-,- ""'--" ^ - , ..' eo _ _ ,. -~'-'-, ~ .,,"" _ ''T'~~ "" -" ,c , 2. The hearing scheduled for October 12, 2000, at I :30 p.m., is hereby continued generally. The hearing shall be rescheduled upon the request of either party following cornpletion of the custody evaluation and alcohol evaluation described herein and in the Interim Order Of Court dated September 7, 2000, and upon receipt of written report from the evaluators. 3. All other provisions of the Interim Order Of Court dated September 7, 2000, including specifically the provisions relating to interim legal and physical custody of the minor child, Gabrielle Elizabeth Schaner, shall remain in full force and effect, pending further order of Court. cc: Constance P. Brunt, Esquire Andrea C. Jacobsen, Esquire EDGAR B. BAYLY, J. ~ -0 ~DO ld! \0' ~ i:;~" ~ , " TRACI L. SCHANER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 00-5353 WILLIAM J. SCHANER, JR., Defendant : In Custody MOTION TO COMPEL EVALUATIONS AND FOR CONTINUANCE OF CUSTODY HEARING AND NOW, comes the Plaintiff, TRACI L. SCHANER, by her counsel, CONSTANCE P. BRUNT, ESQUIRE, and moves this Honorable Court as follows: 1. The above-captioned action was initiated by Plaintiff s filing of a Complaint for Custody on August 1, 2000. 2. Pursuant to Order of Court dated August 3, 2000, the parties appeared for a pre-hearing Custody Conference before Conciliator MELISSA P. GREEVY, ESQUIRE, on August 23, 2000. 3. The parties were unable to reach an agreement for the resolution of the issues of the custody of their minor child, GABRIELLE ELIZABETH SCHANER (D.O.B. 7/13/96), resulting in the recommendation by the Conciliator of an Interirn Order of Court. '^~':l!lI!( ~~. ," , .,. ,- ~ -,.- .. , 4. The said Interim Order of Court was entered on Septernber 7,2000, and a true and correct copy thereof is attached hereto and made a part hereof. 5. The said Interirn Order of Court directed the parties to submit themselves and their minor daughter to an independent custody evaluation including an evaluation by a Certified Addictions Counselor, as a result of Plaintiffs expressed concerns about Defendant's alcoholism. Defendant had been an active alcoholic but had been sober for several years. Within the last year, however, Defendant started drinking again. Defendant admitted drinking again at the Conciliation Conference, but claims he has it under control. Plaintiff does not believe that Defendant can control his drinking and is concerned about the welfare oftheir child while in his custody. The parties had agreed upon both a custody evaluation and an alcohol evaluation of Defendant as set forth in the Custody Conciliation Summary Report. 6. Upon receipt of the aforesaid Interim Order of Court, Plaintiffs counsel, Constance P. Brunt, Esquire, contacted Defendant's counsel, Andrea C. Jacobsen, Esquire, by telephone on Septernber I 1,2000, to discuss arrangements for the custody evaluation and the alcohol evaluation. During that conversation, Attorney Brunt informed Attorney Jacobsen that she would be on vacation during the week of September 18, 2000, and hoped to initiate the evaluation processes prior to her departure due to the scheduled date for the custody hearing on October 12, 2000. Attorney Brunt also provided Attorney Jacobsen ~ " with the name of the Caron Foundation, which is the approved alcohol evaluation center for the parties' medical insurance and requested that Defendant initiate that evaluation promptly. 7. Attorney Jacobsen indicated that she had not yet received the Interim Order of Court but would obtain a copy prornptly and speak with Defendant about the evaluations. She assured Attorney Brunt that she would respond regarding the arrangements for the evaluations prior to Attorney Brunt's departure for vacation. 8. While awaiting response from Attorney Jacobsen, Attorney Brunt contacted numerous qualified psychologists in the Harrisburg area to verify their availability for custody evaluations and the estirnated cost. 9. When Attorney Brunt had received no communication from Attorney Jacobsen by September 13, 2000, she again telephoned Attorney Jacobsen to inquire about the arrangernents for the evaluations. At that time Attorney Jacobsen indicated that she had not yet spoken with Defendant but would respond to Attorney Brunt no later than Friday, September 15. 10. Attorney Jacobsen did not communicate in any way with Attorney Brunt concerning this issue prior to Attorney Brunt's departure for vacation, nor were any telephone messages or correspondence received from Attorney Jacobsen in Attorney Brunt's I I i I .' absence during the week of September 18. 11. Upon her return from vacation on Septernber 25, 2000, Attorney Brunt atternpted to reach Attorney Jacobsen by telephone, but was unable to speak with her and did not receive a return call. Accordingly, late in the afternoon on September 25, Attorney Brunt sent a letter to Attorney Jacobsen by telefax, requesting that Attorney Jacobsen contact her on Septernber 26th as to the Defendant's intentions with regard to the evaluations directed by the Interim Order of Court. 12. On Septernber 26,2000, Attorney Jacobsen's assistant telephoned Attorney Brunt's office and left a rnessage that Attorney Jacobsen had received the telefaxed letter and would respond by a telefax later that same day. No response was received from Attorney Jacobsen, however, until a telefaxed letter was received on the evening of September 27, after Attorney Brunt and her staff had left for the day. 13. Attorney Jacobsen has informed Attorney Brunt that the Defendant is in the process of arranging for an alcohol evaluation through Tressler Lutheran Services, but that final arrangements have not yet been rnade. 14. If Defendant fails to pursue the alcohol evaluation with Caron Foundation, the approved provider of the parties' medical insurance, the medical insurer will not pay for it. ~ 1 ,,~_- . , ~ "' .~ J~ 15. Since the Interim Order ofSepternber 7,2000, irnposes the obligation for payment of the cost of the evaluations on both parties, Defendant's failure to utilize the approved provider for the evaluation will result in increased expense to Plaintiff. 16. Plaintiff requests that the Court either direct Defendant to utilize the approved provider for the evaluation or be solely responsible for the cost of it. 17. Attorney Jacobsen has also informed Attorney Brunt that, contrary to his agreement at the Conciliation Conference to engage in the custody evaluation, Defendant now refuses to participate, claiming that he cannot afford to do so. 18. While the parties are ofrnoderate means, Plaintiff believes that a custody evaluation is critical to the resolution of this case, due to the issue of Defendant's admitted prior alcoholism and his admission that he has resumed the use of alcohol and its irnpact on his ability to act as a proper custodian in the shared custody arrangernent he insists upon. 19. Plaintiff has requested that Defendant cooperate as required by the Interim Order of September 7, 2000, in a custody evaluation by Arnold T. Shienvold, Ph.D., who is recognized as one of the rnost qualified and experienced psychologists and custody evaluators in the immediate area. .~ -.'~,- -,,~-~,. ~"~",_.,.,~-",, - - "","', ~,"'" " '-~, ii !i 'I &1 r:, , " i! [i :1 i-I I, II i:i li :1 " I, 'Of, ",I' .. I, 1 ~ 20. Although Attorney Jacobsen has c1airned that the cost of an evaluation by Dr. Shienvold would be too expensive, Attorney Brunt has verified with other psychologists in the area who perform custody evaluations that Dr. Shienvold's fees are alrnost identical with those charged by other available evaluators. 21. The hearing on the Plaintiff's complaint for custody is scheduled for October 12, 2000 at 1 :30 p.m. 22. Even if the evaluations are commenced immediately, it is impossible for a thorough custody evaluation and alcohol evaluation to be completed and to have appropriate reports issued by the evaluators prior to the scheduled hearing. 23. Because the cornpletion of the custody and alcohol evaluations are critical to the presentation of the parties' cases and the determination of the issues in this action, Plaintiff believes and avers that the custody hearing should not occur until all evaluations have been cornpleted and all reports have been issued. 24. Plaintiff requests that this Honorable Court enter an order directing Defendant, William J. Schaner, Jr., to promptly comply with the provisions ofthe Interim Order of Court dated September 7, 2000, by cooperating fully in an independent custody evaluation by Arnold T. Shienvold, Ph.D., and in an alcohol evaluation of Defendant by a Certified Addiction Counselor approved by the parties' medical insurer, or to bear the cost of such an ~ "';':-' -', ,,- , ~~- l'I " t '. evaluation ifhe chooses to have it conducted by a non-approved provider, as set forth in the Interirn Order of Court. 25. Further, Plaintiff requests that the hearing on Plaintiffs Complaint for Custody be continued generally until such time as the evaluations have been cornpleted and the reports have been issued to the parties. WHEREFORE, Plaintiff moves this Honorable Court to enter an Order of Court in the proposed form attached hereto. Respectfully submitted, Dated: CONSTANCE P. BRUNT, ESQUIRE Suprerne Court LD. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff ~ <-, ",,-, - ~- , , " \ , " StP 0 1 2000 rt TRACI l. SCHANER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, WILLIAM J. SCHANER, JR. Defendant No, 00-5353 Civil Action - law In Custody INTERIM ORDER OF COU{ll AND NOW, this 7th day of f;J'flnJ.eJ ,2000 upon consideration of the attached Custody Conciliation Summary Report it is hereby directed and ordered as follows: 1 , A Hearing is scheduled in Court Room p 3 of the Cumberland County Courthouse, on the / if" day of (().I!.l!J/l , 2000, at I: 1 () o'clock p m., at which time testimony will be taken. For purposes of the Hearing, the Mother, Traci L Schaner, shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date, 2, The parties shall submit themselves and their minor Daughter to an evaluation. This shall be an independent Custody Evaluation to include and evaluation by a Certified Addictions Counselor. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties, Cost of this evaluation shall initially be shared by the parties in proportion to their net incomes, with the understanding that neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party, , " f - " Docket No, 00-5353 3. Legal Custody: Pending further Order of this Court or Agreement of the parties, the Mother, Traci L. Schaner and the Father, William J. Schaner, Jr., shall share legal custody of the child, Gabrielle Elizabeth Schaner, born July 13, 1996, They shall consult with each other relative to all important decisions regarding the child, including such mallers as health, education and religion. Therefore, both parents shall have the authority to make routine decisions regarding the welfare of the child, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than day to day effect, including, but not limited to, such mallers as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the child. Each of the parties shall have access to all the children's medical, dental, hospital and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the children's health and educational progress, Each of the parties shall be provided with schedules of school events, when available, or in the alternative, provide two weeks' notice to the other party if such an event is upcoming, The parties shall make reasonable efforts to communicate regarding the child, 4, Phvsical Custodv. Pending further Order of this Court, or an Agreement of the Parties, the parties shall share custody as follows: a. Father shall have custody each Tuesday over night until Wednesday morning b, Father shall have custody each Saturday morning until 1 :00 p,m, c, Effective September 8, 2000 Father shall have custody on alternate weekends from Saturday morning until Sunday at 5:00 p,m, d, Mother shall have custody at all other times not specified herein, 5, Father shall not consum~ alcohol on any day in which he enjoys physical custody. I .-j -, .-, - ... " " " BY THE COURT, cc' Constance p, Brunt, Esquir~ ' Andrea C, Jacobsen, EsqUire Ntlr-'} (j .4# Trill: f.'nr-y rr"'\1 prCCfW In Trt::fin,nl1\1 ' J, r " r. i! : '''I:') --',:! my "l.'lnd an." il'J ","~); :":r (',"drVlIli::f r~, Th,s .H7 rM..Pf1 ,.. ': 2 "'i~.>u.U ,UmiJ.,ix,JLlJ :-i.)tll !Prothonotary 17 '71W'!i1lll""Wf,_ ,-- ~ -- ,~~~ ~ . I . I - .. ) I .;- CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the of/If-, day of .;y~ , 2000, I served a true and correct copy ofthe foregoing Motion to Cornpel Evaluations and for Continuance of Custody Hearing by telefax to 717-249-8427 and also by depositing same in the United States mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Andrea C. Jacobsen, Esquire JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013-3085 Attorney for Defendant Respectfully submitted, ~d& CONSTANCE P. BRUNT, ESQUIRE Supreme Court LD. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff _ I 7' -?<-. "_~_,, - ", ., " - - ~. - - - - ~ ~.- Jr JAC Tel 717-249-6427 Fax 717-249-8427 Samuel W, Milkes Andrea C. Jacobsen The Honorable Edgar B. Bayley Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013-3387 RE: Schaner v. Schaner No. 00-5353 Civil Term Dear Judge Bayley: I have received your Order scheduling a hearing on the Plaintiffs Petition for Contempt for February 1, 2001, at 3:00 p.m. I am writing to request a continuance of the contempt hearing before you due to a conflict in my schedule for that afternoon. I am presently scheduled for a spousal support termination hearing at Domestic Relations at 2:00 p.m. that same day in the matter ofVolavka v. Volavka, No. 01101 S1998. I anticipate that the support matter will last more than an hour. Respectfully, JACOBSEN & MILKES BY: ACJ/se Cc: Connie Brunt, Esq. - via fax William Schaner (corr)0129bayley,sch ~:1 (1 ~1 :;JjlljlJ' " ~ , rl/~~12001 17:05 71 72328255 BPIjNrLA~IQFF ICES PAI3E 02 CONSTANCE P. BRUNT ATToRNEY AT LAW S.AtlFO!<T PROFESSIONAL CENTBA' lUO LINGLllSTOWN ROAD' HI\IUUSBURO,pA 17110.3339' (717) 232.7Z00 . PAl< (717)232-02SS Pi!. No. 1680-1 January 29, 2001 ALSO SENT VIA TELEFAX (240-6462) The Honorable Edgar B. Bayley Cwnberland County Courthouse One Courthouse: Square Carlisle, PA 17013-3387 In Re: Trad L. Schaner v. William J. Scbaner. Jr. No. 2000-5353 Civil. Cumberland County Dear Judge Bayley: I have received Attorney Andrea Jacobsen's letter of this date, requesting a continuance of the hearing SCheduled in the above matter for February 1,2001, at 3:00 p.m. on the Plaintiff's Petition for Civil Contempt And For Special Relief Pursuant to Pa.R.C.P. 1915.13, I am sympathetic to Attorney Jacobsen's schedule problems and would normally try to accommodate opposing counsel's schedule, but I must object to a continuance in this instance. This Petition concernS very serious allegations about the Defendant's violation of this Court's prior Orders, The issue of greatest immediate concern relates to the Plaintiffs request for supervised custody by Defendant as a result of his continued use of alcohol during his periods of partial custody of his three. year.old daughter. Because I am scheduled for surgery on Friday, February 2n6, I must be out oithe office for at least one and most probably two weeks following. Thus, the earliest that I would be able to commit myself to attend a rescheduled hearing would be after February 19th. I am very concerned about what might happen during that delay, I therefore would request that the hearing proceed as scheduled, Perhaps Ms. Jacobsen's partner could attend one of the scheduled appearances on her behalf. As a sole practitioner, 1 do not have that option, I appreciate the Court's consideration in this matter. V'?OJ. CONSTANCEP, BRUNT CPB/srg cc: Andrea C. Jacobsen. Esquire (also via telefax) Trad L. Schaner -~--';Il" " ~ , ,- ~> - TRACI L. SCHANER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : NO. 00-5353 CIVIL TERM WILLIAM J. SCHANER, JR., Defendant : IN CUSTODY INTERIM ORDER OF COURT AND NOW, this I ) 1- day of cJw-,2001, upon the Stipulation Of The Parties filed herein, joined in by WILLIAM J. SCHANER, SR., and EDNA SCHANER, IT IS HEREBY ORDERED as follows: 1. The Stipulation Of The Parties herein is hereby approved. 2. Legal Custody: Pending further Order of this Court, the Mother, TRACI L. SCHANER, and the Father, WILLIAM J. SCHANER, JR., shall share legal custody of the child, Gabrielle Elizabeth Schaner, born July 13, 1996. They shall consult with each other relative to all irnportant decisions regarding the child, including such matters as health, education and religion. Both parents shall have the authority to make routine decisions regarding the child when the child is in their respective physical custody, except as set forth herein. Each parent shall consult with the other on all non-routine decisions (to be defined as those decisions with a greater than day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view toward ~_-< 'C_" ,__,<" v ". -I "_"_"," ,""' ~ . C" having a harmonious policy calculated to promote the best interests of the child. Each of the parties shall have access to all of the child's medical, dental, hospital and school records, including test results and report cards. Each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the child's health and educational progress. Each of the parties shall be provided with schedules of school events, when available, or in the alternative, shall provide two weeks' notice to the other party if such an event is upcoming. The parties shall make reasonable efforts to communicate regarding the child. 3. Physical Custody. Pending further Order of this Court, the parties shall share physical custody as follows: a. Father shall have physical custody on alternate weekends from Friday at 5:00 p.m. through Sunday at 5:00 p.m., commencing with the weekend of February 9-11, 2001. b. Mother shall have physical custody at all other times not specified herein. c. Father's periods of partial physical custody shall be exercised at all times in the home of and in the presence of one or both of his parents, WILLIAM J. SCHANER, SR., and EDNA SCHANER. In the event that Father is required to leave his parents' horne 2 .1"1 "'1 , ,-,,"., " ,.' " .~ ,~, ,0 . .-. , . .-' .,. '0'., '. ". for brief periods during his scheduled periods of partial custody, the child shall remain in the custody of one or both ofF ather's said parents. d. Father shall not consume alcohol on any day in which he enjoys physical custody of the child. In the event that Father does consume alcohol during any such period, he shall be required to forfeit his period of partial custody and shall be required to leave his parents' horne. Father's parents shall then promptly contact Mother to arrange for the return of the child to her custody, e. Father shall under no circumstances operate a motor vehicle with the child in the vehicle. Father's parents shall pick the child up on alternate Friday evenings and transport her to their home for Father's periods of partial custody. Mother shall pick the child up at Father's parents' horne on alternate Sunday evenings at the conclusion of his periods of partial custody. f. In the event that Father enters an in-patient alcohol treatment program, Father's periods of partial custody shall be suspended for the duration of his in-patient stay. During that period only, Father's parents, WILLIAM J. SCHANER, SR., and EDNA SCHANER, shall have the right to exercise partial custody of the child on Tuesdays from 3:00 p.m. overnight until Wednesday morning at 10:00 a.m. Father's parents shall pick up and deliver the child at those times at Mother's residence. Nothing herein shall be construed to 3 ,<? .~-~-~--'- ,; -- '-~~-"~' ,- '. '., provide any custodial rights to Father's parents beyond those set forth herein for the limited time of Father's in-patient treatment. 4. The hearing scheduled for February 1,2001, at 3:00 p.m. on Plaintiffs Petition For Civil Contempt And For Special Relief Pursuant To PaRC.P. 1915.13 is hereby continued generally on the agreement of the parties. A hearing on the said Petition may be scheduled upon the request of either party. 4 -"--, ~n_ _~,""",,_ _,\' , . .,,_ _ _ .,,~H_ , ",'C, -' '- ~ , 0_, ~ . "~ ~-," ~ ,.' ...' ~ ,00,",. , ~. ~~ ,.,,,,.". -~ " _"f'!!";~-"!'-_' ,,> , .~ .', c.'~' .,-, ,..IItI., , .~~ ~-~,-,--~"~",, ,-.'-~-," "'-'~~~-, $""" ---.'(11 .. :r" C) C) 0 C -'I s: .." -om F'1 mp'1 = ' , 2:::.1.:.; , '~::2? z{,:~ (J)~," ..<,,;.:. <~:iq? ,<c'! - :~gf,~5, ~c: -..:;;;,. ~c! , , )>-- ~ c) . c ,~ :z ~~ -,~ ~ -' .-J ", -, . ~-~,,"""""'-~" " . TRACI L. SCHANER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : NO. 00-5353 CIVIL TERM WILLIAM J, SCHANER, JR., Defendant : IN CUSTODY STWULATION OF THE PARTIES The above-captioned parties and their respective counsel of record hereby stipulate and agree as follows: , ii :1 i ~I ;! I :-j ;j 1. The parties are the parents of one rninor child, Gabrielle Elizabeth Schaner, born July 13, 1996. 2. The above-captioned action was instituted by Plaintiff's filing of a Cornplaint I; ;! For Custody on August 1,2000. Iii ,I "~ii il -u j (:) jl ill ':~ ';1 ~I ? 3. Prior Orders of Court have been entered in this matter on Septernber 7, 2000, and October 3, 2000. 4. Plaintiff filed a Petition For Civil Contempt And For Special Relief Pursuant To Pa.R.C.P. 1915.13 on January 19,2001. '" ,d -) " :j :i -;1 5. A hearing on the said Petition is scheduled before the Honorable Edgar B. Bayley on February 1,2001, at 3:00 p.m. ,i , 1 , , I ;.1 I ! I i I 'I ~'l >''1' \ -," - - .~ - -c., _ - - ~ _ ^' '''_'_'~ _" _ _ . ':C.' ,. -" - ."- - , .. '" 6. The parties have entered into an interim agreement to continue the hearing on the said Petition generally, subject to being rescheduled upon the request of either party, and to jointly request the entry of an Order Of Court providing for supervised periods of partial custody of the minor child by the Defendant, pending further Order Of Court. 7. The parties intend to continue discussions in an effort to reach an amicable settlement of all issues in this case and to determine whether it will be necessary to cornplete the custody evaluation by Dr. Arnold T. Shienvold in order to do so. The parties therefore agree that the said custody evaluation shall be ternporarily suspended and that neither party shall be required to pursue further evaluation at the present time. The evaluation shall be resumed promptly upon written dernand by either party. 8. Defendant intends to enter an in-patient alcohol treatrnent program in the near future for approximately 30 days. The parties have agreed that, during his in-patient treatment only, his parents, Williarn J. Schaner, Sr., and Edna Schaner, shall have certain periods of partial custody of the minor child, as set forth in the proposed Order of Court attached hereto. Said agreernent for partial custody by the grandparents is without prejudice to Plaintiff and is intended as a ternporary measure to allow continued contact by the child with Defendant's family during his in-patient treatment only. After Defendant's discharge from or termination of in-patient treatment, his parents shall have no further rights of partial custody, except in their role as supervisors of Defendant's partial custody periods as set forth herein. 9. Because the agreement between the parties requires that Defendant's periods of partial custody be supervised by his parents, William J. Schaner, Sr., and Edna Schaner, at 2 "f ,. ,-,,, " - ,- _ '., ." ,=.__ L___ '.. '. their home and places certain responsibilities on them, Defendant's said parents are joining in this Stipulation to signify their agreement to and commitment to abide by its terms. 10. The parties and Defendant's said parents stipulate and agree to the entry of an Interim Order of Court in the form attached hereto. ~~~. ,I C~ .. RACI L. SCHANER, Plaintiff ~~ CONSTANCE P. BRUNT, ESQUIRE Attorney for Plaintiff By ANDRE C. 'ACOBSEN, ESQ Attorneys r Defendant ~~~ ~~A~ WILL AM J. SC R, SR. / EDNA SCHANER 3 0' "'-_.' _',,' v. : IN THE COURT OF COMMON PLEAS. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5353 CIVIL TERM TRACI L. SCHANER, Plaintiff : WlLLIAl\4J. SCHANER, JR., : CIVIL ACTION - CUSTODY Defendant PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney for Traci L. Schaner. Plaintiff, in the above-captioned case. DATED: ~-C ~1 R~ Constance P. Brunt Please enter my appearance as attorney for Traci L. Schaner, Plaintiff, in the above.captioned case. DATED: q - (0 ~ol Nora . 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