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Home My WebLink About08-3553Elizabeth B. Stone, Esquire Supreme Court No. 60251 Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Tel.# 717.774.7435 Attorneys for the Plaintiff CHESTER S. SCHREFFLER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - CUSTODY SUSAN L. PETRILLA, :NO. 0,F_ 3YS3 Defendant NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following complaint, you must take action within twenty (20) days after the complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed against you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property, or other rights important to you. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 -2- Elizabeth B. Stone, Esquire Supreme Court ID #60251 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Fax 717-774-3869 Attorneys for Plaintiff CHESTER S. SCHREFFLER, JR., Plaintiff V. SUSAN L. PETRILLA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. D,P- 3.5"53 -- COMPLAINT FOR CUSTODY 1. The Plaintiff is CHESTER S. SCHREFFLER, JR., an adult individual, residing at 3497 Sullivan Street, Mechanicsburg, Pennsylvania 17050. 2. The Defendant is SUSAN L. PETRILLA, an adult individual, residing at 103 Haldeman Avenue, New Cumberland, Pennsylvania 17070. 3. Plaintiff seeks primary physical custody of Matthew Corey Schreffler who resides at 3497 Sullivan Street, Mechanicsburg, Pennsylvania 17050, and is eighteen (18) years of age having been born on May 8, 1990, and Katelyn L. Schreffler who resides at 3497 Sullivan Street, Mechanicsburg, Pennsylvania 17050, and is fifteen (15) years of age having been born on June 9, 1993. The children were not born out of wedlock. The children are presently in the custody of the father and step-mother, who resides at 3497 Sullivan Street, Mechanicsburg, Pennsylvania 17050. -3- During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATES Susan L. Petrilla 103 Haldeman Avenue 6/2001 to 5/19/2008 New Cumberland, PA The mother of the children is SUSAN L. PETRILLA who currently resides at 103 Haldeman Avenue, New Cumberland, Pennsylvania 17070. The parties were husband and wife; however; they were divorced in the Court of Common Pleas of Dauphin County, in Case No. 1071-5-1996, on January 28, 1997. The father of the children is CHESTER S. SCHREFFLER, JR. who currently resides at 3497 Sullivan Street, Mechanicsburg, Pennsylvania 17050. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Toni Schreffler Wife/Step-Mother 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: NAME Mark RELATIONSHIP Mother's live-in boyfriend -4- 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) The father is able to provide a stable home and family type environment for the children allowing the children opportunity to spend time with their mother consistent with a schedule the parties have arranged between themselves. (b) The father believes that while the Mother tries to be a good mother, her live-in boyfriend and she have become overly harsh in their parenting to these two very intelligent, well- behaved children, making their life intolerable. (c)The father believes that his lifestyle is more consistent with a stable environment in which to raise a children. (d) The mother has recently thrown both children out on the streets, put their belongings in trash bags, and taken away and written letters that they are only welcome back on her unreasonable and irrational terms. (e) The children are teenagers and would prefer in this late stage of their education to live with their father who can keep them at the same high school and allow them the freedom to participate in their school activities. -5- 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant him primary physical custody of the children. Respectfully submitted, STONE LaFAVER & SHEKLETSKI Date: (9 -? -Q >1111'reme ?u . #60251 414 Bridge eet, P.O. Box E New C erland, PA 17070 Telep e: (717) 774-7435 Fa 17) 774-3869 Attorneys for Plaintiff -6- VERIFICATION Chester S. Schreffler, Jr. states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. CHESTER S. SCH FFL R, JR. Date: (n -lU-O 1 N 0.. PPK? ? ? • I ld.. Cr 51 .. T ? OF-3 CHESTER S. SCHREFFLER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SUSAN L. PETRILLA DEFENDANT 2008-3553 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, June 20, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 21, 2008 at 8:30 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. 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/ ohn . Mangan, r. Es q. 11 ily-j Custody Conciliator 1UT 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 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 49 ? E ?^y i° ((?? { N (V Az ,)V- E(-- e7, '5p- rif -v'Z" . MIA 'r t F:\DOCS\FL\CUST\SCHREFFLER.CHESTER-affidavit of servicempd Elizabeth B. Stone, Esquire Supreme Court No. 60251 Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Tel.# 717.774.7435 Attorneys for the Plaintiff CHESTER S. SCHREFFLER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - CUSTODY SUSAN L. PETRILLA, : NO. 08-3553 Civil Term Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint for Custody in the above captioned matter on the defendant, Susan L. Petrilla, at 103 Haldeman Avenue, New Cumberland, Pennsylvania 17070, by Constable, on June 17, 2008, as evidenced by the attached Constable's Return of Service. SWORN TO AN SUBSCRIBED before me this day of 2008. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL. SEAL. CAROL L. TROXELL, Notary Public New Cumberland 6oro. Cumberland Co. My Commission Expires Dec. 27, 2009 L D a ??pp (D D N ?, c 3 (D a y (D (D _N O Cl) .? (D o 1 ; G ,O (D O o , A ? 1? 0 7 (C) CD O a C - n d Q 0 (D =:R a n ?o o ? Q • _ ? H 0 CD o 3 ca m (D :3 y y C N V N ? o -? Q Q (D i L%7 I Rwl Rv; n a Z 26 .i D $ n a m . rA J°P G? ?V b io C4 AUr, 14 200%01 CHESTER S. SCHREFFLER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-3553 CIVIL ACTION LAW SUSAN L. PETRILLA, IN CUSTODY Defendant ORDER OF COURT AND NOW this t?1 day of August 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Chester S. Schreffler, Jr., and the Mother, Susan L. Petrilla, shall have shared legal custody of Katelyn L. Schreffler, born 06/09/1993. The parties shall have an equal right 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 of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of 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. 2. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's physical custody schedule as follows: a. Mother shall have physical custody of Katelyn on alternating weekends from 5:00 pm Friday until Sunday at 7:00 pm. b. In the week preceding Father's weekend, Mother shall have custody one (1) evening per week; in the absence of agreement, this evening will be Wednesday from 5:00 pm until 8:00 pm when school is in session and from 5:00 pm until 9:00 pm when school is not in session. C. In the week preceding Mother's weekend, Mother shall have custody two (2) evenings per week; in the absence of agreement, these evenings shall be Tuesday and Thursday from 5:00 pm until 8:00 pm when school is in session and from 5:00 pm until 9:00 pm when school is not in session. d. The non-custodial parent shall pick up the Child at the custodial parent's residence. e. Mother shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone and email contact with the Child on a reasonable basis. In the absence of agreement, the non-custodial parent shall call at 9:00 pm. 4. Both parents are directed to encourage and support their Child's participation in her activities, taking reasonable steps to involve the Child in extracurricular activities, including taking and picking up the Child from her planned activities. 5. Holidays: The parties shall alternate custody on the following holidays, with Mother having the first of such days- New Year's Day, President's Day, Easter, Memorial Day, July 4d', Labor Day, Veteran's Day and Thanksgiving. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day. In the event Mother has rights of partial physical custody of the minor Child on a weekend and Mother also has rights of partial physical custody on a holiday which falls on a Monday, her period of partial physical custody shall extend over to the holiday. Christmas: Father shall have custody as follows: In odd numbered years, from 9:00 a.m. on December 23rd until 3:00 p.m. on Christmas Day. In even- numbered years, from 12:00 p.m. on Christmas day until 6:00 p.m. on December 27 h, or as the parties may otherwise mutually agree as long as Father is provided with at least fifty percent (50%) of the Child's holiday vacation. 6. Each parent shall have two non-consecutive weeks of vacation with the Child in the summertime. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. Father is directed to initiate said counseling within two weeks of this Order. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. This Order is entered pursuant to a Custody Conciliation Conference. the provisions of this Order by mutual consent. In the absence of mu this Order shall control. Upon the request of either part tus con be scheduled by contacting the assigned conciliator. By the Distribution: inuel Andes, Esquire ?lizabeth Stone, Esquire ? hn J. Mangan, Esquire J The parties may modify ia1 sent, the terms of ce conciliation may J. \? W Lq CL =::) .? y? fl.. 0 CWS ° c v U CHESTER S. SCHREFFLER, JR., Plaintiff V. SUSAN L. PETRILLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3553 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Katelyn L. Schreffler 06/09/1993 Primary Father 2. A Conciliation Conference was held with regard to this matter on August 12, 2008 with the following individuals in attendance: The Mother, Susan Petrilla, with her counsel, Samuel Andes, Esq. The Father, Chester Schreffler, Jr., with his counsel, Elizabeth Stone, Esq. 3. The parties agreed to the entry of an Order in the form as attached. It is noted that Father does not feel that Katelyn is emotionally ready to spend overnights with Mother yet. Mother and daughter have had recent disagreements, primarily regarding Mother's paramour. Both Mother and Father have agreed to engage in therapeutic family counseling between Mother and daughter to restore their relationship. Mother has indicated that she is not going to force the overnight issue with Katelyn and will not demand Father to strictly adhere to the attached recommended Order. Mother is willing to let the counseling assist with her relationship with daughter so that Katelyn will be more receptive to spending overnights and increased time with Mother. Z?r Date zz??Johnei?Alg , E quire Cust A_ Co iliator