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HomeMy WebLinkAbout02-4930 NMf 0. R IEC 0 Pty 0: C C(?+A'fBERLA1?>) 0 r' ? YLVAA l'%r STEPHANIE J. SECHRIST, Plaintiff V. ERIC L. SECHRIST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4930 CIVIL TERM CIVIL ACTION -LAW : IN DIVORCE/CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER Defendant Eric L. Sechrist, by his attorneys, Snelbaker & Brenneman, P. C., submits this Petition to modify the parties' December 16, 2002 custody order as follows: 1. An Order of Court dated December 16, 2002 was entered in this case establishing the custody rights of the parties hereto based upon a stipulation with respect to the parties two children, Jenny L. Sechrist, born March 5, 1995 and Harrison E. Sechrist born October 28, 1997. A true and correct copy of the December 16, 2002 Order and the stipulation upon which the Order is based are attached hereto and incorporated by reference herein collectively as "Exhibit A." 2. The Order dated December 16, 2002 and the stipulation upon which it is based should be modified for the following reasons, among others: a. Plaintiff seldom does children's laundry, causing the parties' children to rely upon Defendant's mother for clean clothes. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. b. Plaintiff smokes cigarettes in the presence of the children and indoors, subjecting the children to second-hand smoke. ? L ?.10,d-? c. Plaintiff seldom prepares any meals for the children, requiring the children to depend on meals prepared or purchased by Defendant and Defendant's mother. d. Plaintiff on occasions provides the children with leftovers from restaurants Plaintiff patronizes with her boyfriend. e. Plaintiff fails and refuses to participate in the children's education and betterment by seldom attending parent-teacher conferences and not supervising homework. f. Plaintiff fails to attend activities of the children such as, but not limited to, sports and cheerleading. g. Plaintiff constantly uses foul language, frequently punctuated by the IT * * *" word. h. Plaintiffs home is inappropriate and not fit for the children in that it lacks a yard and a play area in the apartment complex where the home is located. i. Plaintiff provides no private bedroom for the parties' son, but relegates him to an open loft area where he sleeps on a day bed. j. Plaintiff exposes the parties' son to cigarette smoke, loud music and television during their son's sleeping hours. k. Although the parties' daughter has her own bedroom at Plaintiff s home, their daughter, like the parties' son, is disturbed during sleeping hours by noise Plaintiff creates. 1. Plaintiff is inconsiderate of the parties' children by disturbing the children many times while entertaining and spending time with Plaintiffs boyfriend. m. Plaintiff frequently fails to give the children money for school lunches. n. Plaintiff consistently fails to have and provide funds to pay for medical and dental treatment and school functions. o. Plaintiff has sold gifts given to the children and taken their cash gifts. p. Plaintiff is and has been a source of embarrassment to the children due to the involvement of police occasioned by the Plaintiffs bad check charges. LAW OFFICES SNELBAKER EjC -2- BRENNEMAN, P.C. q. Plaintiff insists the children rub or massage her back and feet on the threat of being grounded. r. Plaintiff had no operable vehicle for several months by which to provide transportation for the benefit of the children. Plaintiff provides no transportation for the children's school attendance or activities. t. The children when they go to their grandmother's home after school are rarely picked up by Plaintiff, instead, Plaintiff relies on their grandmother to deliver them to Plaintiff. u. Plaintiff demonstrates very little affection towards the children. v. The children have no desire to live with Plaintiff, having suffered through her selfish behavior and absence of care, attention and guidance. w. Plaintiff has failed to maintain a stable living environment for the children, having no less than five residences during the existence of the current Order. x. Plaintiff has demonstrated behavior and actions contrary to that of a nurturing, loving and caring parent. y. Plaintiff has demonstrated an egregious lack of concern for the care and wellbeing of the children. 3. For the reasons set forth above, Defendant requests this Court to modify the December 16, 2002 Order to provide for Defendant to have full physical custody of the parties' two children and shared legal custody of the children with Plaintiff. 4. For the reasons set forth above, Plaintiff should be required to undergo drug and alcohol testing and counseling if appropriate. 5. Consent of the Plaintiff was sought to modify the custody Order which consent Plaintiff refused to give; therefore, it is believed Plaintiff does not consent to this Petition. 6. This matter has been assigned to the Honorable Edward Guido who issued the Order LAW OFFICES SNELBAKER & BRENNEMAN, P.C. -3- dated December 16, 2002. SNELBAKER & BRENNEMAN, P. C. 1 A,- Date: ?V? Z° 6 Keith O. Brenneman, Esquire 44 W. Main Street By: Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Eric L. Sechrist LAW OFFICES SNELB" 'E a -4- BRENNEMAN, P.C. DEC Yr20M STEPHANIE J. SECHRIST, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-4930 CIVIL TERM V. CIVIL ACTION - LAW ERIC L. SECHRIST, IN DIVORCE / CUSTODY Defendant ORDER OF COURT AND NOW, this day of , 2002, upon the agreement of the parties, the attached Custody Stipulation is hereby made into an Order of Court. J. R?S SPO?R,? ?ue -e- EXHIBIT A hrison, Duffle, Stewart & Weidner .: Ay: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvaiiia 17043-0109 (717) 761-4540 STEPHANIE J. SECHRIST, Plaintiff V. ERIC L. SECHRIST, Defendant CUSTODY STIPULATION IN DIVORCE / CUSTODY 1. Legal Custody. The parties, Stephanie J. Sechrist ("Mother") and Eric L. Sechrist ("Farther"), shall have shared legal custody of the minor children: Jenna L. Sechrist, born March 5, 1995, and Harrison E. Sechrist,, born October 28, 1997. 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 23 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. Mother shall have primary physical custody. Father shall have rights of partial physical custody as follows: A. To commence December 6, 2002, on alternating weekends from Friday at Attorneys for Plaintiff : y;. _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4930 CIVIL TERM CIVIL ACTION - LAW 3.00 p.m, until Sunday at 7:00 p.m. During the school year, Father's periods of partial custody shall begin on Friday at the time school is dismissed; ri J i' ?J3 ver--Wed! n day from3:OC?.? m. until 8'00-10 :m.; mod- - C. At such other times that the parties agree. 3. Summer Vacation. Each party shall have the right to exclusive custody of the minor childrE for two (2) weeks during their summer recess from school. The parties agree to cooperate with each oth by setting a vacation schedule on or before May 1St of each year which shall include revisions of tl- weekday and weekend arrangements. The vacation arrangements may be for two (2) consecutive weeks c for two (2) one week periods separated by at least one week during the summer recess from school. 4. Holidays. Unless otherwise agreed by the parties, holidays shall be shared as follows: A. Thanksgiving. Thanksgiving shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from the Wednesday before Thanksgiving at school dismissal until the Friday following Thanksgiving at 7:00 p.m. Segment B shall be from the Friday following Thanksgiving at 7:00 p.m. until Monday at 7:00 p.m. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. B. Christmas. Christmas shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from December 24th at noon to December 251t' at noon. Segment B shall be from December 25th at noon until December 26 at noon. 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 remainder of the Christmas holiday school recess shall be divided into two equal parts, one of which shall be with Mother and the other with Father, said order to alternate annually unless otherwise agreed by the parties. C. Easter. Easter shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from the Saturday before Easter at 4:00 p.m. until Easter Day at 4:00 p.m. Segment B shall be from Easter Day at 4:00 p.m. until the Monday following Easter at 4:00 p.m. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. In even numbered years, Father shall have Segment A and Mother shall have Segment B. D. Memorial Day, Independence Da and Labor Day. The parties shall share these holidays they have traditionally observed as family times, either on a half day or annual alternating basis as they shall agree. If the parties are unable to agree, these holidays shall alternate on an annual basis with Mother having Memorial Day in 2003. i01 E. Mother's Day / Father's Day. The children shall be with Mother on Mother's Day and with Father on Father's Day. The period of custody shall be from 9:00 a.m. to 7:00 p.m. F. Holidays shall take precedence over the regular schedule. 5. Transportation. Mother or her designee shall be responsible for transporting the minor children to and from school and/or daycare,, and Father or his designee shall be responsible for transporting the children from school and/or daycare on Wednesdays and for his periods of partial custody. Father shall also be responsible for returning the children to Mother's residence at the completion of his scheduled period of partial physical custody. 6. The parties intend that this Stipulation shall be made into an Order of Court. Wit` ess Witness 1 Stephani 'J. Sechrist x Eric L. Sechrist 164819 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. 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. Cf44--l . Eric L. Sechrist Date: ?, Zo 10 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. STEPHANIE J. SECHRIST IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANA © ' c c V. ca 2002-4930 CIVIL ACTION LAW 7 -urn vzr- -- Q ERIC L. SECHRIST C:) _n IN CUSTODY DEFENDANT ? ? ) PO ORDER OF COURT AND NOW, Tuesday, December 14, 2010 , upon consideration of the attached Compla int, 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 Wednesday, January 05, 2011 at 9:00 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. Sunday, Es q. 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 Alx? STEPHANIE J. SECHRIST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 02-4930 CIVIL TERM CIVIL ACTION -LAW ERIC L. SECHRIST, (= C= _ i IN DIVORCE/CUSTODY '_ax Defendant rq Cc x =-' rn AFFIDAVIT OF SERVICE L' COMMONWEALTH OF PENNSYLVANIA) SS ? . COUNTY OF CUMBERLAND Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Defendant Eric L. Sechrist in the above-captioned action; that on December 29, 2010, he did send to Plaintiff Stephanie J. Sechrist by certified mail, return receipt requested a copy of the Order scheduling a custody conciliation in the above action for February 7, 2011 as evidenced by the attached cover letter erroneously dated December 10, 2010 and receipt for certified mail No. 7004 1350 0004 1256 4729; that the Order and letter were received by Stephanie J. Sechrist as evidenced by the return receipt card for said certified mail; that a copy of the aforementioned cover letter erroneously dated December 10, 2010 is attached hereto and incorporated by reference herein as "Exhibit A"; that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. ice, Keith O. Brenneman LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Sworn to and subscribed before me this 3`d day of January, 2011. Notary Public TM OF P 0 00 1-111 NoWW Seal Swan L M*aA Way Rft M9& rkWXQ 0=. Cumberland CW* * C wnkdon Eli= Nov. 24, 2M I McMbW. G-1.0- n SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW RICHARD C. SNELBAKER KEITH O. BRENNEMAN 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697.7681 December 10, 2010 Stephanie J. Sechrist 660 Geneva Drive Condo 2 Mechanicsburg, PA 17055 Re: Sechrist v. Sechrist No. 2002-4930, Cumberland County Dear Ms. Sechrist: Enclosed is an Order of Court rescheduling the January 2011 custody conciliation for Monday, February 7, 2011,10:30 a.m., to be held at the offices of Dawn S. Sunday, Esquire, 39 West Main Street, Mechanicsburg, PA. Yours truly, Keith O. Brenneman KOB/sm Enclosure cc: Eric L. Sechrist By certified mail, return receipt requested, parcel No. 7004 1350 00004 1256 4729 EXHIBIT A ? U.S. N (Domestic I .A ui ti OF F a POMP C3 ferlilled Fee 0 O Rsk m RedW Fee (Endorsement Required) Ln Restricted DelNery Fee m (Endorsement Required) r-T Total Postage & Fees o r oStephan: MMn 4 K Rash Md.009my 18;do0rod. • IMnt your rwm wid addme on the reverse so OW we ran ret*n," 0111014 . . you. • Ash this cad t#te tf,of,the mailpfece, or on the frgntit` Sttk4t11ts. 1. Article Addressed to: Stephanie J. Sechrist 660 Geneva Drive Condo 2 Mechanic j6urg, PA 17055 A. Tnol ' ! !'? X ? APnt 13 VIM" B. by (Pdrrfed Name) C. Date of D*,Wy D. Is delivery address d ftw t from item 1? ? bM If YES, order delhroty address be1w. ? No 8. service Type XM Cwt W Mail ? Express Mail ? Regl"ed ? Rehrrrl Receipt for Merdwic iss ? Irratsed mail ? C.O.D. 4. RmWded DeOvery? (Extra Am) ? Nbs 2. ANW*Wrb r 7004 1350 000-4 1256 4729 m1 oftAassa?+?lonAres PS°Fessrt 1, ihif?iritAr 5004 Doetwlis ReMw? flseNpt taaaeaFteco LAW OFFICES SNELBAKER & BRENNEMAN, P.C. EXHIBIT B FI1..7.0-OF ICE .11?, 0 T 01 7911 JAH 10 PM 1: 1"" FI A it Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant STEPHANIE J. SECHRIST, Plaintiff V. ERIC L. SECHRIST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4930 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE/CUSTODY PRAECIPE TO WITHDRAW PETITION FOR MODIFICATION OF CUSTODY ORDER TO THE PROTHONOTARY: Please withdraw the Petition For Modification of Custody Order that was filed December 10, 2010 in the above matter on behalf of Defendant Eric L. Sechrist. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Eric L. Sechrist LAwoFFICES Date: January 10, 2011 SNELBAKER & BRENNEMAN, F.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Stephanie J. Sechrist 660 Geneva Drive Condo 2 Mechanicsburg, PA 17055 Dawn Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 SNELBAKER & BRENNEMAN, P. C. B Y• Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Eric L. Sechrist Date: January 10, 2011 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. STEPHANIE J. SECHRIST IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2002-4930 CIVIL ACTION LAW ERIC L. SECHRIST Defendant IN CUSTODY Cm -73. x _ . r j-, ORDER r AND NOW, this 12th day of January, 2011 , the conciliator, having been advise&by Defendant's counsel that the Petition for Modification has been withdrawn, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for February 7, 2011 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator