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HomeMy WebLinkAbout03-1750Justin P. Schmick, Plaintiff VS. Veronica E. Schmick, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- l D-qo CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Justin P. Schmick, residing at 4128 Sycamore Grove Road, Chambersburg, Franklin County, Pennsylvania. 2. Defendant is Veronica E. Schmick, residing at 1420 Bradley Drive, F 313, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Names Present Residence Age Kaley A. Schmick 4128 Sycamore Grove Road 4, Chambersburg, PA 17201 D.O.B. 3/30/1999 This child was bom out of wedlock. Dominic A. Schmick 4128 Sycamore Grove Road 1, Chambersburg, PA 17201 D.O.B. 10/9/2001 This child was born during the marriage of the parties. The children are presently in the custody of Plaintiff, Justin P. Schmick, who resides at 4128 Sycamore Grove Road, Chambersburg, Franklin County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Name(s) Justin P. Schmick, Susan Rose, Benjamin Schrnick Ad&ess 4128 Sycamore Grove Road Chambersburg, PA 17201 Dates 4/5/2003 - Present Justin P. Schmick, Veronica E. Schmick Justin P. Schmick, Veronica E. Schmick Justin P. Schmick, Veronica E. Schmick, Rodney Drake, Roma Drake 1420 Bradley Drive, F 313 Carlisle, PA 17013 Orchard Apartments Camp Hill, PA 17011 15 Glenview Circle Dillsburg, PA 17109 7/15/2002 - 4/5/2003 7/14/2001 - 7/15/2002 4/15/2001 - 7/14/2001 Justin P. Schmick, Veronica E. Schmick, Veronica Schrnick, Rodney Drake, Roma Drake 1435 A Mecath Pl. Clovis, NM 88101 15 Glenview Circle Dillsburg, PA 17109 3/15/2000 - 3/30/2001 3/30/1999 - 3/2000 The mother of the child is Veronica E. Schmick, currently residing at 1420 Bradley Drive, F 313, Carlisle, Cumberland County, Pennsylvania. She is married, but the parties separated on 4/5/2003. The father of the child is Justin P. Schmick, currently residing at 4128 Sycamore Grove Road, Chambersburg, Franklin County, Pennsylvania. He is married but the parties separated on 4/5/2003. 4. The relationship of Plaintiff to the children is that of father. Plaintiff currently is residing at 4128 Sycamore Grove Road, Chambersburg, Franklin County, Pennsylvania. 5. The relationship of Defendant to the children is that of mother. Defendant is believed to be currently residing with the following persons: Name Relationship N/A N/A 6. Plaintiff has 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. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. 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 children. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: ao Defendant left the former marital misconduct of Defendant. residence on 4/5/2003 due to the marital ho Defendant has demonstrated a consistent pattern of instability when caring for the children. Defendant has assaulted Plaintiff several times in the past in the presence of the children. Defendant is currently on probation and has a criminal record for assaulting and repeatedly striking Plaintiff w/th a golf club and making terroristic threats. It is believed and therefore averred that Defendant has an illicit drug use problem and that Defendant needs to seek rehabilitation and treatment. Plaintiff is the parent who provides the most stable home environment. Plaintiff has an extensive network of extended family consisting of Plaintiff's two paternal aunts, Plaintiff's Grandmother, and Plaintiff's brother, all of whom all of whom either live with Plaintiff or live within ten minutes of Plaintiff. Plaintiff is the parent who is most likely to encourage and facilitate a loving relationship between the children and Defendant. 10. Each parent whose parental rights to the children have not been terminated and, to the best of the Plaintiff's knowledge, the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant shared legal custody to the parties. Plaintiff also requests that the Court grant primary physical custody to Plaintiff subject to Defendant's periods of partial custody on alternating weekends. Respectfully submitted, ffLaw Offices ofLopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 717-258-9991 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. 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. Date: JUSTIN P. SCHMICK PLAINTIFF V. VERONICA E.SCHMICK DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1750 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 05, 2003 at 9:30 AM 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. 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 hearint~. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq, 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPItONE 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 JUST1N SCHMICK, PLAINTIFF VERONICA SCHMICK, DEFENDANT :IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, PENNSYLVANIA : : :No. 03-1750 CIVIL ACTION LAW : :IN CUSTODY Affidavit of Service I, Aaron Neuharth, Attorney for Plaintiff, hereby state that on May 30, 2003 at 8:15 a.m. a copy of the Complaint for Custody and an Order of Court, scheduling the custody conciliation conference, was personally served upon Defendant, Veronica Schmick, at 1420 Bradley Drive, F- 313, Carlisle, Pennsylvania 17013 by the undersigned. dUN 1 0 2003 JUSTIN P. SCHMICK, Plaintiff V VERONICA E. SCHMICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 1750 CIVIL IN CUSTODY CO~TO~ER AND NOW, this /b ~ day of June, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father, Justin P. Schmick, and the Mother, Veronica E. Schmick, shall enjoy shared legal custody of Kaley A. Schmick, born March 30, 1999; Dominic A. Schmick, born October 9, 2001. 2. Mother shall enjoy primary physical custody of the minor children. Father shall enjoy liberal periods of temporary physical custody of the minor children including the following: Two out of three weekends from Friday at Noon until Sunday at 3:00 p.m., or at such other times for exchange of custody as agreed. At such other times where Mother will deliver custody of the minor children to Father as agreed upon by the parties. The parties shall share or alternate custody of the minor children on holidays, pursuant to a schedule agreed upon by the parties. Each parent shall be entitled to have some vacation time with the minor children as long as they give the other parent at least thirty (30) days notice as to when they intend to exercise their vacation time. Each parent shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. Unless agreed otherwise, Father will provide transportation for exchange of custody. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the conciliator. CC: David Lopez, Esquire Joan Carey, Esquire BY THE COURT, ~./~-o-~ JUSTIN P. SCHMICK, Plaintiff VERONICA E. SCHMICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03 - 1750 CIVIL : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COLrNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kaley A. Schmick, born March 30, 1999; Dominic A. Schmick, born October 9, 2001. A Conciliation Conference was held on June 5, 2003, with the following individuals in attendance: The Father, Justin P. Schmick, with his counsel, David Lopez, Esquire; and the Mother, Veronica E. Schmick, with her counsel, Joan Carey, Esquire. 3. The parties agree to the entry of an order in the form as attached.