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HomeMy WebLinkAbout01-6488THOMAS J. STOLZENBERGER Plaintiff V. SUSAN G. STOLZENBERGER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Thomas J. Stolzenberger, by and through his attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is Thomas J. Stolzenberger, residing at 3111 White Church Road, Chambersburg, Franklin County, Pennsylvania, 17201. 2. Defendant is Susan G. Stolzenberger, residing at 49 White Oak Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff is seeking periods of temporary physical custody of the minor children: Jennifer Stolzenberger (DOB 7/30/86); Phoebe Stolzenberger (DOB 6/22/88) and Devin Stolzenberger (DOB 3/15/91). The children were not bom out of wedlock. The children are presently in the custody of Susan G. Stolzenberger, who resides at 49 White Oak Blvd., Mechanicsburg, Cumberland County, Pennsylvania, 17055. Dudng the past five years, the children have resided with the following persons and at the following addresses: a. 49 White Oak Blvd., Mechanicsburg, Pennsylvania, with their mother. b. 49 White Oak Blvd., Mechanicsburg, Pennsylvania, 17055, with their mother and father. 4. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: Teresa Alberter Girlfriend 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the children only. 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 Plaintiff periods of temporary physical custody. WHEREFORE, Plaintiff respectfully requests the your Honorable Court grant him periods of temporary physical custody of the minor children on a consistent basis. Date: lCl~04HeF~ RrnewCt°r' ~sq~irood ~ve~ee, Ste. 203 Camp Hill, PA 17011 (717) 761-8101 I verify that the statements made heroin am true and corre¢t. I understand that false statements herein are made subject to ~ penalties of 18 Pa,C.$. ~ectlon 4904, relating to unswom falsification to authorities. ~'--'"Thom~ Stolz~l:)e~ger THOMAS I. STOLZENBERGER : PLAINTIFF V. SUSAN G. STOLZENBERGER DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6488 CIVIL ACTION LAW IN CUSTODY AND NOW, Monday, November 26, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greev~, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, January 07, 2002 at 11:00 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 hearing. FOR THE COURT, By: /s/ Melissa P. Greevv. Esa. ~ Custody Conciliator ' tO 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 heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, OO 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 THOMAS J. STOLZENBERGER, : Plaintiff : : vs. : NO. 01-6488 : SUSAN G. STOLZENBERGER, : CIVIL ACTION - LAW Defendant : CUSTODY FEB 1 9 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT AND NOW, this 4~ (/'~ day of February, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Father, Thomas J. Stolzenberger, and the Mother, Susan G. Stolzenberger, shall have shared legal custody of the minor Children, Jennifer Stolzenberger, born July 30, 1986; Phoebe Stolzenberger, born June 22, 1988; and Devin Stolzenberger, born March 15, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. The Mother shall have primary physical custody during the school year. Father shall have partial physical custody which shall be arranged as follows: Effective February 23, 2002, on alternating weekends from Saturday at 9:00 a.m. until Sunday at 6:00 p.m. B. And at such other times as the parties may agree. 3. Summer. Father shall have custody of the Children for six continuous weeks to commence the first Saturday after school is dismissed for the summer break. Mother shall have custody of the Children for the remainder of the summer break from school. The summer weekend custody schedule shall continue for the parent who does not have the Children in their custody such that Mother shall have alternating weekend custody from Saturday morning at 9:00 a.m. until Sunday at 6:00 p.m. during Father's six week summer custodial block. Similarly, during the remaining school summer recess when Mother has custody of the Children, Father shall have custody on alternate weekends from Saturday at 9:00 a.m. until Sunday at 6:00 p.m. No. 01-6488 -- Civil Term 4. Holidays. The parties shall alternate the following holidays: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. The alternating schedule shall commence with Father having custody for Easter 2002. The custodial schedule for Thanksgiving shall be from 9:00 a.m. Thanksgiving Day until 9:00 p.m. following Thanksgiving. In the event that the weekend custody rotation for Father would provide that he would have custody of the Children on the weekend following Thanksgiving, Father's period of custody for Thanksgiving shall run continuously from 9:00 a.m. Thanksgiving Day until Sunday after Thanksgiving at 6:00 p.m. 5. Christmas. Christmas shall be divided into an A/B schedule. Segment A shall be from December 24th at 6:00 p.m. until December 25th at 6:00 p.m. Segment B shall be the weekend following Christmas. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. The holiday schedule shall take precedence over the regular schedule. 6. Tr_~. Transportation shall be shared by the parties meeting at 348 York Road, Carlisle, Pennsylvania, at the time provided for by the custodial exchange more specifically addressed above in this Order. 7. This Order is temporary in nature. The parties may vary its terms by their mutual agreement. However, in the event that the parties cannot agree, the terms of this Order shall control, pending further Order of Court. Dist: -"~harles Rector, Esquire, 1104 Fernwood Avenue, Suite 203, Camp Hill, PA 17011 u,~ustin Grogan, Esquire, 24 N. 32nd Street, Camp Hilt, PA 17011 THOMAS J. STOLZENBERGER, Plaintiff VS. SUSAN G. STOLZENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6488 CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: Jennifer Stolzenberger Phoebe Stolzenberger Devin Stolzenberger July 30, 1986 June 22, 1988 March 15, 1991 CURRENTLYIN CUSTODY OF Mother Mother Mother 2. A Custody Conciliation Conference was held on February 11, 2002, with the following individuals in attendance: the Father, Thomas J. Stolzenberger, and his counsel, Charles Rector, Esquire; the Mother, Susan G. Stolzenberger, and her counsel, Austin Grogan, Esquire. Date The parties reached an agreement in the form of an Order as attached. eliss~'Peel Greevy, EsqUire Custody Conciliator