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HomeMy WebLinkAbout09-4674F:\DOCS\FL\CUST\Schreier.Jim - Complaint for Custody.wpd ELIZABETH B. STONE, ESQ ATTORNEY ID N0. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF JAMES PETER SCHREIER, Plaintiff v. LILLIAN MARIE SCHREIER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DBE COMPLAINT FOR CUSTODY 1. The Plaintiff in this action is JAMES PETER SCHREIER, an adult individual, who currently resides at 1120 Old Mountain Road, Dillsburg, Pennsylvania 17019. 2. The Defendant in this action is LILLIAN MARIE SCHREIER, an adult individual, who currently resides at 512 Nursery Drive North, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks primary custody of SAMUEL JAMES SCHREIER, born October 16, 2001, age seven (7), and BENJAMIN THOMAS SCHREIER, born May 16, 2004, age five (5), who reside at 512 Nursery Drive North, Mechanicsburg, Pennsylvania 17055. The children were not born out of wedlock. The children are presently in the custody of Defendant, LILLIAN MARIE SCHREIER, who resides at 512 Nursery Drive North, Mechanicsburg, Pennsylvania 17055. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATES James Peter Schreier, father 512 Nursery Drive N birth- Mechanicsburg, PA present Lillian Marie Schreier, mother 512 Nursery Drive N birth- Mechanicsburg, PA present The mother of the children is LILLIAN MARIE SCHREIER, currently residing at 512 Nursery Drive North, Mechanicsburg, Pennsylvania 17055. She is married. The father of the children is JAMES PETER SCHREIER, currently residing at 1120 Old Mountain Road, Dillsburg, Pennsylvania 17019. He is married. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons: NAME RELATIONSHIP James L. Schreier Paternal grandparents of minors Linda L. Schreier Paternal grandparents of minors 5. The relationship of defendant to the children is that of (mother. The defendant currently resides with the following persons: NAME RELATIONSHIP (Samuel James Schreier child (Benjamin Thomas Schreier child 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 children have resided with the father since birth who has provided a continuous living relationship with the children; (b) The father is able to provide a stable home and family type environment for the children allowing the children opportunity to spend time with the children's mother consistent with a schedule the parties have arranged between themselves. (c) The father has been the daily caretaker for he boys since date of birth until date of separation, June 6, 2009. (d) The father is still the primary and daily caretaker of the minor children at the marital home everyday after work until the mother returns home from work at night. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, plaintiff requests the court to grant primary custody of the children. STONE LaFA Date : `~~1~ `'~j p ZAB H B Supr e Cou 41 Bridg New Cum r Telep ne. SHEKLETSKI ONE, ESQUIRE I.D. #60251 treet, P.O. Box E and, PA 17070 (717) 774-7435 Attorne~s~for Plaintiff V E R I F I C A T I O N JAMES PETER SCHREIER 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. X4904 relating to unsworn falsification to authorities. r---- J~ ~P S ~~~ JAMES PETER SCHREIER Date : ~ I~l del Ci~i4~~_.~. ~= ,. , .Jr ~ tr.. ~. ~ '!YU 2~~9 ,~,+' ! 3 ~ ~~ ~ 15.50 Po AYN ~ aa~19 ~ 3 JAMES PETER SCHREIER IN TH~ COURT OF COMMON PLEAS OF PLAINT[FF C'UMB RLANU COUNTY, PF,NNSYI,VANIA V. • 2009-4674 CIVIL ACTION LAW LILLIAN MARIE SCHREIER 1N CU TODY DEFENDANT AND NOW, ______ _ .Wednesday, Ju~S, 2009 upon consideration of the at ached Complaint, ---- -' it is hereby directed that parties and their respective counsel ap ear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsbur j, PA 17055___, on Thursday, August l3, 2009 at 9:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issuesrn dispute; or if this cannot be accomplished, to define and narrow the issues o 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 a d all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 8 hours prior to scheduled hearin~j. FUR. THE COUR7~. By: /s/ Da S. Sunder Cu ~todv Conciliator "I'hc Court of Common Pleas of Cumberland Co ty is required by law to amply with the Americans with Disabilites Act oI' 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before th court, please contact our oftice. All arrangements must be made at least 72 hours prior to any hearing or busi ess before the court. Yr,~u must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOU ATTORNEY A"I' ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, C O TO OR TELEPHONE THE OFF1C1: SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE LEGAL HELP. Cumberland Cou ty Bar Association 32 South edford Street Carlisle, Penn ylvania 17013 Telephone (717) 249-3166 t _~_~~ r r ~ r''1 ~' . ~U~ ~~ ~ 2009 ~ JAMES PETER SCHREIER Plaintiff vs. LILLIAN MARIE SCHREIER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-4674 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this __~_ day of 2009, upon consideration of the attached Custody Conciliation Repor , it is or ered and directed as follows: 1. The Father, James P. Schreier, and the Mother, Lillian M. Schreier, shall have shared legal custody of Samuel James Schreier, born October 16, 2001, and Benjamin Thomas Schreier, born May 16, 2004. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the 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 Child at the time of the emiergency 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. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 2. Pending further agreement of the parties or further review of the custodial arrangements due to changes in the parties' living arrangements, the parties shall have custody of the Children in accordance with the following schedule: A. During the weekdays, the Mother shall drop off the Children at the bus stop or school, the Father shall pick up the Children directly at school each day and shall have custody of the Children at the marital residence until the Mother returns from work or as arranged by agreement between the parties. B. The Father shall have custody of the Children on two oust of every three weekends from Friday after school through Sunday at 6:00 p.m. At the beginning of the weekend schedule, the Mother shall have custody of the Children for the weekends beginning on August 14, 2009 and August 21, 2009 and the Father shall have custody for the next two consecutive weekends beginning on August 28, 2009 and September 4, 2009, for which the Father shall retain custody of the Children through Labor Day at 6:00 p.m. Thereafter, the Mother shall have custody of the Children for the weekend beginning September 11, 2009, the Father shall have custody for the next two weekends beginning September 18, 2009 and September 25, 2009 and continuing thereafter on the two out of three weekend schedule. Unless otherwise agreed between the parties, the parent receiving custody of the Children shall be responsible to provide transportation for the exchange of custody for weekend periods of custody. 3. The parties acknowledge that the arrangements set forth in this Order are intended to be interim arrangements until the parties resolve issues regarding their living arrangements. The parties and counsel shall attend afollow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, October 20, 2009 at 2:00 p.m. for the purpose of reviewing the custodial arrangements. 4. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual~onserit. In the absence of mutual consent, the terms of this Order shall control. ,. BY THE COUR . ~' J. I cc. izabeth B. Stone, Esquire -Counsel for Father / Theresa Barrett Male, Esquire -Counsel for Mother l~~ i F.S' r» ~ c ~~cV ~/~~~og ~/~1 JAMES PETER SCHREIER Plaintiff vs. LILLIAN MARIE SCHREIER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-4674 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPCIRT 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samuel James Schreier October 16, 2001 Benjamin Thomas Schreier May 16, 2004 Mother Mother 2. A custody conciliation conference was held on August 13, 2009, with the following individuals in attendance: the Father, James P. Schreier, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Lillian M. Schreier, with her counsel, Theresa B. Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~~ i.3, aoD 9 _ Date Dawn S. Sunday, Esquire Custody Conciliator Fj(„~rj~-l7t'~ 1v~ 2009 P,L~~ 17 P~ 3= ~ 8 i'E <;;'s ~'v , ;u, JAMES PETER SCHREIER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C-s c a c "? 2009-5133 CIVIL ACTION LAW 2rn e - rn n - =r /)r- cn F- r ? crt C5 LILLIAN MARIE SCHREIER ? IN CUSTODY < - --+C) =-rt DEFENDANT 0 C)m --+ ?'- ORDER OF COURT --< AND NOW, Wednesday, July 06, 2011 _, upon consideration of the attached C omplaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 _ on ?..__ Friday, July 29, 2011 at 10:00 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. 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/ Dawn S. Sunda 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 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 srAig a Telephone (717) 249-3166 ?(?. topJc .nc???Po?' /p d Cqv? r?'?cv?Aeal ?o ?', 0-V gl 110a' ?v 77T 1411, JAMES PETER SCHREIER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2009-5133 CIVIL ACTION LAW r..a r- LILLIAN MARIE SCHREIER =M c r Defendant IN CUSTODY cry , ? . ?; 4=, ?; ORDER OF COURT AND NOW, this day of , C,, , 2011, upon consideration of the attached Custody Conciliation Report, it is or ed and directed as follows: 1. The prior Order of this Court dated August 17, 2009 is vacated and replaced with this Order. 2. The Father, James Peter Schreier, and the Mother, Lillian Marie Schreier, shall have shared legal custody of Samuel Schreier, born October 16, 2001, and Benjamin Schreier, born May 16, 2004. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the 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 Child 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. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on two out of every three weekends from Friday after school and work through Monday morning before school. B. The parties shall alternate having custody of the Children on Monday school holidays/in service days. If the parent who has the alternating holiday has to work, the other parent shall have custody on the Monday holiday if that parent is not working. C. The Father shall pick up the Children during every weekday after school and work and shall retain custody of the Children until the Mother picks up the Children at the Father's residence after work. Every Thursday evening the Father shall have custody of the Children until 8:30 p.m. On the other weekday evenings, the Mother may pick up the Children after work at 7:00 or earlier. If the Mother is unable to pick up the Children by 7:00 p.m., she shall notify the Father in advance and the Father shall have the option of retaining custody of the Children for the overnight period and the Father shall take the Children to the bus stop or school in the morning. C. The Father may have additional periods of custody with the Children as arranged by agreement between the parties. D. The Mother shall have custody of the Children at all times not otherwise specified for the Father in this provision. 4. The parties shall share having custody of the Children on holidays as arranged by agreement. 5. Beginning in 2012, the parties shall share having physical custody of the Children during the summer school break with the Mother having custody every Monday and Tuesday, the Father having custody every Wednesday and Thursday and the parties alternating the weekend period from Friday through Sunday. Vacation periods of custody shall be arranged by agreement between the parties. 6. The parties shall make arrangements to participate in co-parenting counseling with a professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Children. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc Elizabeth B. Stone, Esquire - Counsel for Father Theresa Barrett Male, Esquire - Counsel for Mother (:O p; t,s /2/LG JAMES PETER SCHREIER Plaintiff vs. LILLIAN MARIE SCHREIER Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-5133 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samuel Schreier October 16, 2001 Mother Benjamin Schreier May 16, 2004 Mother 2. A custody conciliation conference was held on July 29, 2011, with the following individuals in attendance: the Father, James Peter Schreier, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Lillian Marie Schreier, with her counsel, Theresa Barrett Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator