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HomeMy WebLinkAbout08-6174Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. © fr-- (017 V c / q "A GREGORY D. SCHLEGEL, CIVIL ACTION -LAW Defendant IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Kimberly A. Schlegel (hereinafter referred to as "Mother") who currently resides at 19 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Gregory D. Schlegel (hereinafter referred to as "Father") who currently resides at 19 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks shared legal and physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Ryan G. Schlegel 19 Willow Way Drive July 23, 1994 Enola, PA 17025 Anna D. Schlegel 19 Willow Way Drive November 21, 1997 Enola, PA 17025 4. The children are presently in the custody of both parents who are currently residing together at 19 Willow Way Drive, Enola, PA 17025. Mother's relocation from the marital home is imminent. 5. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAAMOFPERSONS IN HOUSEHOLD 2003- Present 19 Willow Way Drive Mother, Father and Enola, PA 17025 children 6. The Father of the children is Gregory D. Schlegel, currently residing at 19 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025. 7. The Mother of the children is Kimberly A. Schlegel, currently residing at 19 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025. The parties are currently separated from each other. 8. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME Kimberly A. Schlegel Gregory D. Schlegel Ryan G. Schlegel RELATIONSHIP Self Husband Son Anna D. Schlegel Daughter 2 9. The relationship of the Defendant to the children is that of Father. The Defendant currently resides with the following persons: NAME Gregory D. Schlegel Kimberly A. Schlegel Ryan G. Schlegel Anna D. Schlegel RELATIONSHIP Self Wife Son Daughter 10. 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. 11. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 12. 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. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because the parties have reached an amicable parenting plan for their minor children to be effective upon their separation. A copy of the plan is attached as Exhibit A. The parties desire said plan to be incorporated into an order of court. 3 14. 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, the Plaintiff requests the Court enter an order for the legal and physical custody of the parties' children. DATE: October 15, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 4 EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, : IN THE COURT OF COMMON PLEAS Plaintiff v. GREGORY D. SCHLEGEL, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION -LAW IN CUSTODY STIPULATION REGARDING CUSTODY THISAGREEMENT is made this day of , 2008, by and between Kimberly A. Schlegel, (hereinafter referred to as "Mother") an adult individual residing at 19 Willow Way Drive, Enola, Pennsylvania, and Gregory D. Schlegel (hereinafter referred to as "Father") an adult individual residing 19 Willow Way Drive, Enola, Pennsylvania. WITNESSETH WHEREAS, the parties are the natural parents of two (2) minor children, Ryan G. Schlegel, bom July 23, 1994 and Anna D. Schlegel, born November 21, 1997; WHEREAS, the parties have reached an agreement regarding custody to which they desire an Order of Court be entered; NOW THEREFORE, the parties, intending to be legally bound, do agree as follows: 1. LEGAL CUSTODY. The parties agree to shared legal custody of the said children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. For purposes of school district enrollment, Father's address shall be the official contact for school with said duplicate notices to Mother. 2. PHYSICAL CUSTODY. The parties shall share physical custody on the following schedule: A) Father's Time: 1) School Year- During the school year, Father will have custody of the children as follows: a) After school on Mondays and Fridays each week until 8:00 p.m.; b) After school on Tuesdays, Wednesday and Thursdays until 5:00 p.m.; and c) Alternating weekends from Saturday at 12:00 noon until Monday morning to school. 2) Summer- During the summer, Father will have custody of the children as follows: a) 2:00 p.m. on Mondays and on Fridays each week until 8:30 p.m.; 2 b) 2:00 p.m. on Tuesdays, on Wednesdays and on Thursdays until 5:00 p.m.; and c) Alternating weekends from Saturday at 12:00 noon until Monday morning to daycare. 3) Holidays- Holidays will be shared as the parties shall agree. 4) Vacations- Each party shall be able to take two (2) consecutive weeks of vacation with the children each year. Notice of the chosen schedule shall be given thirty (30) days in advance. B) Mother's Time: Mother shall have all other times not specifically enumerated in Section A for Father. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: Barbara Sumple-Sullivan, Esquire Joanne H. Clough, Esquire Kimberly A. Schlegel Gregory D. Schlegel 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY D. SCHLEGEL, Defendant : NO. : CIVIL ACTION -LAW :IN CUSTODY VERIFICATION I, KIMBERLY A. SCHLEGEL, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: October 15, 2008 KIMBERLY A. HLEGEL C? C.- ra m b r'Q`' o r KIMBERLY A. SCHLEGEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY D. SCHLEGEL DEFENDANT 2008-6174 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 23, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, November 17, 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. 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: Is/ aequeline M. Verney, Esq, f) e> 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 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 '?POkp -!P-P -A -Sla-A dl diiqVA]gNN3d KMO? SC :C Wd IZ 1300001 KdVIQNU-H i. 7:d 3.Hi A0 3Oia.:i318 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY D. SCHLEGEL, Defendant : NO. 08 - 6174 CIVIL ACTION -LAW IN CUSTODY STIPULATION REGARDING CUSTODY THISAGREEMENT is made this,?? day of october , 2008, by and between Kimberly A. Schlegel, (hereinafter referred to as "Mother") an adult individual residing at 19 Willow Way Drive, Enola, Pennsylvania, and Gregory D. Schlegel (hereinafter referred to as "Father") an adult individual residing 19 Willow Way Drive, Enola, Pennsylvania. WITNESSETH WHEREAS, the parties are the natural parents of two (2) minor children, Ryan G. Schlegel, born July 23, 1994 and Anna D. Schlegel, born November 21, 1997; WHEREAS, the parties have reached an agreement regarding custody to which they desire an Order of Court be entered; NOW THEREFORE, the parties, intending to be legally bound, do agree as follows: 1. LEGAL CUSTODY. The parties agree to shared legal custody of the said children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. For purposes of school district enrollment, Father's address shall be the official contact for school with said duplicate notices to Mother. 2. PHYSICAL CUSTODY. The parties shall share physical custody on the following schedule: A) Father's Time: 1) School Year- During the school year, Father will have custody of the children as follows: a) After school on Mondays and Fridays each week until 8:00 p.m.; b) After school on Tuesdays, Wednesday and Thursdays until 5:00 p.m.; and c) Alternating weekends from Saturday at 12:00 noon until Monday morning to school. 2) Summer- During the summer, Father will have custody of the children as follows: a) 2:00 p.m. on Mondays and on Fridays each week until 8:30 p.m.; 2 b) 2:00 p.m. on Tuesdays, on Wednesdays and on Thursdays until 5:00 p.m.; and 3) Alternating weekends from Saturday at 12:00 noon until Monday morning to daycare. Barbara Sumple-Sullivan, Esquire 3) Holidays- Holidays will be shared as the parties shall agree. 4) Vacations- Each parry shall be able to take two (2) consecutive weeks of vacation with the children each year. Notice of the chosen schedule shall be given thirty (30) days in advance. B) Mother's Time: Mother shall have all other times not specifically enumerated in Section A for Father. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSE K C- Kimberly A. SA L40 Joann H. Clough, q ire Gregory D. Schlegel 3 c:? .:?:j +?? + ?? ?? 1 i ? ..3_? w..y t..7 4 C,+? .. ? ., k'/ A Nov 0 3 2008 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 !7171774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 6174 GREGORY D. SCHLEGEL, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this-4 ' y of k, 2001, upon consideration of the Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Kimberly A. Schlegel, and Joanne H. Clough, Esquire, counsel for Defendant, Gregory D. Schlegel. it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody are adopted as an Order of Court. BY J. istn ution: Aarbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 ; JoAnne H. Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011 120 r es ma t C.!;.CL c? n c Q 0 6 _:r : rY Lt- 0 ? t3 NOV. n 4 2008 KIMBERLY A. SCHLEGEL, :: IN THE COURT OF CUMBERLAND COUNTYMPENNSYLVANIA Plaintiff V. : NO. 2008-604 CIVIL ACTION - LAW GREGORY D. SCHLEGEL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 301" day of October, 2008, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, / U acHine Verney, Esquire, Custo Conciliator C) c rn ?? k A Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff V. GREGORY D. SCHLEGEL, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 6174 CIVIL ACTION -LAW IN CUSTODY ACCEPTANCE OF SERVICE I, JoAnne H. Clough, Esquire, hereby accepts service and acknowledges receipt of the above- captioned Custody Complaint on behalf of my client, Gregory D. Schlegel, having received said Complaint on the 7 day of 2008. I hereby indicate I am authorized by my client to accept service on his behalf. Jszgr.??.s --;oAffifte H. Clough, Esquire Attorney for Defendant 3 820 Market Street Camp Hill, PA 17011 (717) 737-5890 Supreme Court I.D.: +?a ct,