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HomeMy WebLinkAbout02-2420AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduling conference or hearing. MARIE T. MORALES and SIXTO MORALES, Petitioners V. JOSEPH F. SCHNEIDER and SANDRA NICOLE SCHNEIDER, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CUSTODY AND NOW, this 16th day of May 2002, comes the Petitioner, Made T. Morales, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. The Petitioners are Made T. Morales and Sixto Morales, her husband, adult individuals who reside at 4679 Carlisle Road, Gardners, Cumberland County, Pennsylvania 17324. The Respondents are Joseph F. Schneider and Sandra Nicole Schneider, adult individuals who reside at 2207 Steve Roberts Special, Zolfo Springs, Florida 33890. The Respondents are the natural parents of two minor children, namely, Noel N. Schneider, bom May 3, 1991, and Joseph F. Schneider, bom January 26, 1993. The Petitioner, Made T. Morales, is the fraternal grandmother of Noel N. Schneider and Joseph F. Schneider, and the Petitioner, Sixto Morales is the stepgrandfather of said children. 3 The Petitioners have had custody of the minor children intermittently during their lives. On or about February 7, 2002, said children have been residing with the Petitioners and they have been enrolled in the South Middleton School District. The Petitioners desire primary physical custody and joint legal custody of the children with periods of temporary custody to Respondents as can be mutually arranged between the parties. The best interest of the children requires that the court grant the Petitioners' request as set forth above. WHEREFORE, Petitioners respectfully seek the entry of an Order of Court seeking primary physical custody and joint legal custody of the children with periods of temporary visitation to respondents as can be mutually arranged between the parties. Date: May 16, 2002 By: Respectfully submitted, Mared~s A. MeI~fit, III, Esquire Attorney for Petitioners 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 4 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. MARIE T. MORALES Date: May 16, 2002 MARIE T. MORALES AND SIXTO MORALES: PLAINTIFF JOSEPH F. SCHNEIDER AND SANDRA NICOLE SCHNE1DERDEFENDANT : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2420 CIVIL ACTION LAW IN CUSTODY AND NOW, Tuesday, May 21, 2002 , 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 4thFloor, Cumberland County Courthouse, Carlisle on Tuesday, June25,2002 at 1:30 PM 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/ .[acqueline M. Verney. . Esq. 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 heating 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARIE T. MORALES and SIXTO MORALES, Plaintiffs V. JOSEPH F. SCHNEIDER and SANDRA NICOLE SCHNEIDER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2420 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of June, 2002, upon consideration of Plaintiffs' Petition for Emergency Relief, and it appearing that Defendants are the natural parents of the subjects of this custody proceeding and that a custody conciliation conference is scheduled for June 25, 2002, Plaintiffs' request for ex parte emergency relief in the form of an award of exclusive custody of the children to Plaintiffs, one of whom is described as a "fraternal" grandparent and the other as a stepgrandparent, is denied. PENDING the custody conciliation conference, no party shall secrete the location of the children fi.om any other party. The children shall be brought to the custody conciliation conference. BY THE COURT, 4~,larcus A. McKnight, III, Esq. 60 West Pomfi.et Street Carlisle, PA 17013 Attorney for Plaintiffs ~, ~oseph F. Schneider Sandra Nicole Schneider 2207 Steve Roberts Special Zol£o Springs, FL 33890 Defendants, Pro Se :rc JUN 6 MARIE T. MORALES and SIXTO MORALES, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2420 CIVIL TERM JOSEPH F. SCHNEIDER and : CIVIL ACTION - LAW SANDRA NICOLE SCHNEIDER,: IN CUSTODY Defendants : --ORDER OF COURT AND NOW, this 2.~ay of '~ uq ~- ,2002, upon consideration of the attacked Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 11, 2002 is hereby vacated. 2. The paternal Grandparents, Marie T. Morales and Sixto Morales, and the Parents, Joseph F. Schneider and Sandra Nicole Schneider shall have shared legal custody of Noel N. Schneider, born May 3, 1991 and Joseph F. Schneider, II, born January 26, 1993. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Children's well- being including, but not limited to, all decisions regarding their health, education and religion. The parties agree, however, that the Children shall attend South Middleton Schools during the 2002-2003 school year, unless otherwise agreed. All parties are entitled to copies of medical information and school reports. Grandparents shall insure that the Parents have copies of the C ' ' h~ldren s school report cards. 3. The paternal Grandparents shall have primary physical custody of the Children, w/th the Parents having periods of partial custody as set forth hereinafter: A. Beginning Thursday, June 27, 2002 to Tuesday, August 20, 2002, at which time physical custody shall transfer back to paternal Grandparents. The Parents are permitted to take the Children to Florida for the summer. B. Such other times as the parties agree. 4. Parents shall enroll in parenting classes/family counseling with the Children during the summer. 5. The non-custodial party shall be entitled to weekly telephone calls with the Children. 6. The paternal Grandparents shall be responsible for transportation of the Children on August 20, 2002. 7. None of the parties shall do or say or permit third parties to do or say anything which may estrange the Children from any other party, injure the opinion of the Children as to the other parties, or hamper the free and natural development of the Children's love and respect for the other party. 8. This Order is entered pursuant to an agreement of the parties at the 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. Either party may contact the Conciliator to request another conference. BY THE COURT, cc,~arcus A. McKnight, III, Esquire - Counsel for Grandparents .,J6seph F. Schneider, Pro se 2207 Steve Roberts Special Zolfo Springs, Fl 33890 MARIE T. MORALES and SIXTO MORALES, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002 - 2420 CIVIL TERM JOSEPH F. SCHNEIDER and : CIVIL ACTION - LAW SANDRA NICOLE SCHNEIDER,: IN CUSTODY Defendants : PRIOR JUDGE: J. Wesley Oler, Jr. .CUSTODY CONCILIATION SUMMARY REPOR, 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: NAME Noel N. Schneider Joseph F. Schneider, II DATE OF BIRTH May 3, 1991 January 26, 1993 CURRENTLY IN CUSTODY OF Paternal Grandparents Paternal Grandparents 2. A Conciliation Conference was held in this matter on June 25, 2002. Paternal Grandmother, Marie T. Morales, was present with counsel, Marcus A. McKnight, III, Esquire. Father, Joseph F. SChneider was present pro se. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr., dated June 1 I, 2002, which restricted the parties from secreting the Children from any other party. 4. The Parents voluntarily transferred physical custody to the Grandparents in February, 2002 due to a dispute with J , oseph s teacher in Florida. Both children attended South Middleton Schools for the second half of the school year in 2002. Their educational performance was above average. In addition, Grandparents obtained counseling for Noel due to prior sexual molestation by Mother's stepfather. She is progressing in her counseling. The parents no longer reside in their own residence. The Mother is presently living with her sister in Hollywood, Florida while Father is working during the week at another location. He spends weekends with the Mother. 5. The parties present at the conference agreed to entry of an Order in the form as attached. Date ey, Esquire Custody Conciliator MARIE T. MORALES and SIXTO MORALES, Petitioners Vo JOSEPH F. SCHNEIDER and SANDRA NICOLE SCHNEIDER, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM IN .CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this 12th day of May 2003, comes the Petitioner, Marie T. Morales, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The Petitioners are Marie T. Morales and Sixto Morales, her husband, adult individuals who reside at 4679 Carlisle Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Respondents are Joseph F. Schneider and Sandra Nicole Schneider, adult individuals who reside at 1606 North East Eastling Avenue, Arcadia, Florida 34266. 3. The Respondents are the natural parents of two minor children, namely, Noel N. Schneider, bom May 3, 1991, and Joseph F. Schneider, bom Jemuary 26, 1993. 4. The Petitioner, Marie T. Morales, is the fraternal grandmother of Noel N. Schneider and Joseph F. Schneider, and the Petitioner, Sixto Morales is the stepgrandfather of said children. o The Petitioners have had custody of the minor children intermittently during their lives. Since February 7, 2002, said children have been residing with the Petitioners and they have been enrolled in the South Middleton School District. 6. The Petitioners desire primary physical custody and joint legal custody of the children with periods of temporary custody to Respondents as can be mutually arranged between the parties. The Petitioners also need to be appointed Guardians of the Property and Persons of said minor children in order to secure health insurance coverage. 7. The best interest of the children requires that the court grant the Petitioners' request as set forth above. WHEREFORE, Petitioners respectfully seek the entry of an Order of Court seeking primary physical custody and joint legal custody of the children as well as being appointed Guardians of the Property and Persons of said minor children with periods of temporary visitation to respondents as can be mutually arranged between the parties. Date: May 12, 2003 By: Respectfully submitted, IRWIN, M/~I~IGHT &~UGHE S lVlarcu~'A. McKnigh ,~l~l, Esquire Attorndy for Petitioners 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 4 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowk:dge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. MARIE T. MORALES Date: May 12, 2003 5 MARIE T. MORALES AND SIXTO MORALES: PLAINTIFF JOSEPH F. SCHNEIDER AND SANDRA NICOLE SCHNEIDER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2420 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 21, 2003 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 17, 2003 at 2:30 PM 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 13resent 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/ ]acqueline M. Verney, Esq. 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 JUN 2 5 2003~ MARIE T. MORALES and SIXTO MORALES, Plaintiffs V. JOSEPH F. SCHNEIDER and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-2420 CIVIL TERM SANDRA NICOLE SCHNEIDER,: Defendants : IN CUSTODY ORDER OF COURT AND NOW, this ~_~ day of ~'t.~C ._ ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No._ / , of the Cumberland County Court House, on the ,,~q'/~ day of ~_z~f~Aa~ca , 2003, at ~/.'-~ o clock, ,ff. M., at which time testimony w~urposes of this Hearing, the paternal grandparents shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witu~sses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated June 27, 2002 shall remain in full force and effect with the following modification: 3. The parents shall have partial physical custody of the children beginning Thursday, June 26, 2003 to August 22, 2003. The parents are permitted to take the children to Florida for the summer. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: Marcus A. McKnight, III, Esquire, M/M Morales, pro se 1606 North East Eastling Avenue Arcadia, Florida 34266 BY THE COURT, ~) // ~uns~gr~d;l;r2nJt~'~ ' Y"' MARIE T. MORALES and SIXTO MORALES, Plaintiffs V. JOSEPH F. SCHNEIDER and : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2002-2420 CIVIL TERM SANDRA NICOLE SCHNEIDER,: Defendants : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCII,IATION 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 Noel N. Schneider Joseph F. Schneider, II May 3, 1991 January 26, 1993 patemal grandparents paternal grandparents 2. A Conciliation Conference was held June 25, 2003 with the following individuals in attendance: The paternal grandmother, Marie T. Morales, with her counsel, Marcus A. McKnight, III, Esquire, and the parents, Joseph F. Schneider and Sandra Nicole Schneider, pro se. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court on June 27, 2002 granting shared legal custody to the grandparents and the parents, with the grandparents having primary physical custody and the parents having partial physical custody during the summer. 4. Grandparents' position on custody is as follows: they seek shared legal and primary physical custody of the children. They assert that they have had physical custody of the children since February, 2002, except for the smnmer of 2002 when the children resided with their parents in Florida pursuant to the Court Order. The grandparents maintain that the children have adjusted to the current living arrangements and school and that the parents do not have sufficient physical accommodations for the children. 5. Parents' position on custody is as follows: they seek legal and physical custody of the children. They admit that the children lived with the grandparents by consent while they located proper housing. They maintain that it was only intended to be a temporary situation and are in position now to take custody of the children. They have obtained the family counseling required by the prior Order of Court. They have custody of a third child and believe the siblings should reside together. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, maintaining the status quo except that the parents will have partial physical custody of the children for the summer. It is expected that the Hearing will require one full day. School begins in Florida on August 4, 2003 and in South Middleton Township, Cumberland County on August 25, 2003. The parties request a hearing be scheduled before the start of school if at all possible. Date Vemey, Esquire o Custody Conciliator MARIE T. MORALES and SIXTO MORALES, Plaintiffs V. JOSEPH F. SCHNEIDER and SANDRA NICOLE SCHNEIDER, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2420 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of September, 2003, upon consideration of the attached letter from Marcus A. McKnight, III, Esq., attorney for Plaintiffs, the hearing previously scheduled in the above matter for September 24, 2003, is rescheduled to Thursday, December 18, 2003, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Marcus A. McKnight, III, Esq. Attorney for Plaintiffs Joan Carey, Esq. Attorney for Defendants :rc BY THE COURT, Wesley 0t~, ~.~' Jo LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MARCUS A. McKNIGHE. 1ll JAMES D. HUGHES REBECCA R. HUGHES DOUGI~4S G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX {71 ?I 249-6354 E-MAIL: IMHLA W@SUPERNET. COM September 17, 2003 The Honorable J. Wesley Oler, Jr. The Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Morales v. Schneider No. 2002-2420 Dear Judge Oler: The parties through counsel have agreed that this case should be continued. The defendants are represented by Joan Carey, Esq., of MidPenn Legal Services. I understand that December 18, 2003, at 9:30 a.m. is available. Please schedule this hearing for that date and time. Thank you for consideration of this request. MAM/mln cc: Made T. Morales Joan Carey, Esq. Very truly yours, MidPenn Legal Services, Inc. Esq. MARIE T. MORALES and SIXTO MORALES, Petitioners JOSEPH F. SCHNEIDER and SANDRA NICOLE SCHNEIDER, Respondents : IN THE COURT OF COMMON PLEAS OF _. : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 02-2420 CIVIL TERM : IN CUSTODY ANSWER TO MOTION TO PRESENT TESTIMONY BY TELEPHONE PURSUANT TO Pa. R.C.P. 1930.3 AND NOW, this 15th day of December 2003, comes the Petitioners, Marie T. Morales and Sixto Morales, by their attorneys, Irwin & McKnight, and makes the following Answer to the Motion to Present Testimony by Telephone of the Respondents, Joseph F. Schneider and Sandra Nicole Schneider: The averments of fact contained in paragraph one (1) of the Motion are admitted. 2. The averments of fact contained in paragraph two (2) of the Motion are admitted. 3. The averments of fact contained in paragraph three (3) of the Motion are admitted. 4. The averments of fact contained in paragraph four (4) of the Motion are specifically denied. On the contrary, the Defendant, Sandra Nicole Schneider, has known about the hearing since September. Her personal testimony and cross-examination are essential to enable the Court to determine whether the best interests of the children require their immediate return to Florida. The Plaintiffs are willing to agree to schedule the hearing to a date and time the mother could accommodate. 1 The averments of fact contained in paragraph five (5) of the Motion are specifically denied. On the contrary, the Defendant, Joseph F. Schneider, claims to have a job working for the State of Florida. The averments of fact contained in paragraph six (6) of the Motion are specifically denied. On the contrary, the Defendants enjoyed a period of custody with the children this past summer. It would appear that a continuance for the Defendants would be appropriate and helpful. The averments of fact contained in paragraph seven (7) of the Motion are specifically denied. On the contrary, the Defendant, Sandra Nicole Schneider, is reluctant to testify in person because of the evidence in this case. She has no legitimate hardship to prohibit this trip to testify at the custody hearing she requested. The averments of fact contained in paragraph eight (8) of the Motion are admitted. WHEREFORE, Petitioners respectfully requests that this Honorable Court to dismiss the Motion of the Defendants. Date: December 15, 2003 By: Respectfully submitted, IR/~fa~quire 60 West Pomfi'et Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 2 VERIFICATION The foregoing Answer is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. MARIE T. MORALES Date: December 15, 2003 MARIE T. MORALES and : IN Tile COURT OF COMMON PLEAS OF SIXTO MORALES, Petitioners JOSEPH F. SCHNEIDER and SANDRA NICOLE SCHNEIDER, Respondents : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 02-2420 CML TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Answer to Motion was served upon the following by facsimile transmission and by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Jennifer Hoffinan MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Date: December 15, 2003 By: IRWIN & McKNIGHT M~i,~us A.~ IcKnight, III, Esquire 6~West Pot ~fret Street C(~rlisle, PA 17013 (7~ 53 Supreme Court I.D. No. 25476 MARIE T. MORALES and SIXTO MORALES, : Plaintiffs : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH F. SCHNEIDER and SANDRA NICOLE SCHNEIDER, Defendants CIVIL ACTION - LAW NO. 02-2420 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of December, 2003, upon consideration of Defendants' Motion To Present Testimony by Telephone Pursuant to Pa. R.C.P. 1930.3, and it appearing in the pleadings that Defendant Sandra Nicole Schneider resides in Florida, her motion to be permitted to testify by telephone is granted. ~qlarcus A. McKnight, III, Esq. Attorney for Plaintiffs ~l~nnifer Hoffman, Esq. MidPenn Legal Services Attorney for Defendants :rc BY THE COURT, J. MARIE T. MORALES and SIXTO MORALES Plaintiffs JOSEPH F. SCHNEIDER and SANDRA NICOLE SCHNEIDER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : C1VIL ACTION - LAW : : No. 02 - 2420 CIVIL TERM : 1N CUSTODY MOTION TO PRESENT TESTIMONY BY TI~.I.I~PHONE PURSUANT TO Pa.R.C.P. 1930.3 AND NOW comes Jennifer Hoffman, Esquire, legal counsel for the above-captioned Defendants, and moves the Court as follows: Defendants, Joseph F. Schneider and Sandra Nicole Schneider, originally agreed to allow their children to stay with Defendants on a temporary basis while they obtained housing during the winter of 2002. 2. Plaintiffs, Marie T. Morales and Sixto Morales, filed a Complaint for Custody on May 16, 2002. Two Conciliations have been held. 3. A hearing on this matter was originally scheduled for September 24, 2003, but was continued until December 18, 2003. Defendant, Sandra Nicole Schneider, is employed by Wal-Mart and would risk termination if she took any time off from work to come to Pennsylvania for the hearing on December 18, 2003. 5. Defendants are financially dependant on Mrs. Schneider's income. The Defendants have been without their children for nearly two years, and are anxious to have them returned. They adamantly oppose another continuance in this matter. 7. Defendants would suffer an extreme hardship if Mrs. Schneider is forced to travel to Pennsylvania to testify. 8. Plaintiff's counsel, Marcus A. McKnight, III, Esquire has been advised of this request for telephone testimony and opposes the same. WHEREFORE, Defendants respectfully move the Court to permit Defendant, Sandra Nicole Schneider, to testify via telephone on December 18, 2003. Dated: Respectfully submitted, MiT)PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 717-243-9400 Supreme Court I.D. No. 90769 I vehfy that the statements made herein 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. Dated: t&.llt /6~ MARIE T. MORALES OF and SIXTO MOKALES PENNSYLVANIA Plaintiffs JOSEPH F. SCHNEIDER and SANDRA NICOLE SCHNEIDER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW No. 02 - 2420 CIVIL TERM 1N CUSTODY CERTIFICATE OF SERVICE I, Jennifer Hoffman, Esquire, hereby certify that I am on this day serving a tree and correct copy of the attached Motion on the following individual, Respondent's Attorney of Record, via First Class U.S. Mail, postage prepaid: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiffs 8 Irvine Row Carlisle, PA 17013 717-243 -9400 Supreme Court I.D. No. 90769 MARIE T. MORALES and SIXTO MORALES, Plaintiffs JOSEPH F. SCHNEIDER and SANDRA NICOLE SCHNEIDER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-2420 CIVIL TERM ORDER OF COURT 18th day of December, 2003, AND NOW, this upon consideration of Plaintiffs' Petition for Custody and Plaintiffs' Petition for Emergency Relief, and pursuant to an agreement reached in open court by the parties in the presence of their respective counsel, it is ordered and directed as follows: The existing orders of June 22, 2002, and June 26, 2003, are hereby modified as follows: 1. The children, Noel N. Schneider and Joseph F. Schneider, will remain in the primary physical custody of the Plaintiffs until the end of school in South Middleton Township in June of 2004. 2. Legal and primary physical custody of the children will transfer to the parents, the Defendants, Joseph F. Schneider and Sandra Nicole Schneider, at the end of school in South Middleton Township in June of 2004. Said transfer will be completed within one week of the end of school. 3. The parties consent to the transfer of jurisdiction of this case to the state of Florida or the jurisdiction of the state in which the Defendants reside, and this Court will not oppose said transfer effectiwe this 19th day of December 2003, subject to acceptance of jurisdiction by the other state. 4. Beginning in 2004, and continuing each summer thereafter, the Plaintiffs will enjoy a period of temporary physical custody of 30 days with the children either in Pennsylvania or the State of Florida or any other location which the parties agree would be appropriate for said period of temporary physical custody. 5. After transfer of physical[ and legal custody to the Defendants, the Defendants agree to continue counseling for both children, and to send the Plaintiff regular reports from said counselors, and also to sign releases for the Plaintiffs to contact the counselors directly for information about the progress of the counseling of the children. 6. When physical and legal custody of the children transfer in June of 2004, the parties will share the transportation by meeting at a location approximately half way between Florida and Pennsylvania, as they shall agree, to transfer of said custody. 7. On Friday, December 19, 2003, at the end of school, the physical custody of the children will transfer to the Defendants to enable them to enjoy the Christmas vacation with the children in Florida. The Plaintiffs will travel to Florida to pick them up at the end of the vacation and return to Pennsylvania. By the Court, ~arcus A. McKnight, III, Esquire Attorney for Plaintiffs v~ennifer A. Hoffman, Esquire MidPenn Legal Services Attorney for Defendants pcb