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Home My WebLink About06-6203 i"'> V -, .. Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE LOY, v. CIVIL ACTION - LA W JOHN W. SCHROTH, Defendant CUSTODY/VISITATION ; NO. C)~ - ~ ~ 03 c.h.J11 COMPLAINT FOR CUSTODY 1. The Plaintiff is Michelle Loy, residing at 23 Garden Parkway, Carlisle, Pennsylvania 17013. 2. The Defendant is John W. Schroth, with last known residence as the Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania 17103. However, as of October 16, 2006, Defendant has not returned to the Cumberland County Prison from work release and is considered to be escaped from the prison. 3. Plaintiff seeks full legal and physical custody of the following Children: Tessa Adrienne Schroth, residing at 23 Garden Parkway, Carlisle, Pennsylvania 17013. AGE: 14 years old; date of birth August 24, 1992; AND Samantha Olivia Schroth, residing at 23 Garden Parkway, Carlisle, Pennsylvania 17013. AGE: 6 years old; date of birth June 29, 2000 Both Children were born out of wedlock. The Children are presently in the physical custody of Mother, Michelle Loy, residing at 23 Garden Parkway, Carlisle, Pennsylvania 17013, and have resided there since August 2003. The Mother of the Children is Michelle Loy, currently residing at 23 Garden, Parkway, Carlisle, Pennsylvania 17013. The Father of the Children is John W. Schroth, with last known residence as the Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania, 17013. 4. The relationship of Plaintiff to the Children is that of Mother to Daughter. .... The Plaintiff currently resides with the following persons: Plaintiff resides with the two minor children Tessa Adrienne Schroth and Samantha Olivia Schroth. 5. The relationship of Defendant to the Children is that of Father to Daughter. Defendant's last known residence is the Cumberland County Prison. 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 or any other state. 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: It is in the best interests of the Children that Mother have full legal and shared custody since Father is supposed to be incarcerated and is currently escaped from the prison, as he did not return there from work release. Father is currently unable to properly care for and nurture the Children, which Mother has been doing since their birth. 8. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the Children will be given notice of the pendency of this action and the right to intervene: There are no other persons having a claim of right to custody. WHEREFORE, Plaintiff requests the court to grant Mother full legal and physical custody of the Children. Respectfully Submitted by A orne Kelli J. #90597 319 South Front Street Harrisburg, P A 17104 (717) 433-2860 .. VERIFICATION I verify that the statements made in this foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. /)JLiJuf{ Michelle Loy, PIa. '. MICHELLE LOY, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JOHN W. SCHROTH, Defendant : CUSTODY/VISITATION : NO. CERTIFICATE OF SERVICE ^Y-elli J. Brownewell, Esquire, attorney for Plaintiff, do hereby certify that on this ~ day of October, 2006, I served a copy of the foregoing document by Regular Mail and by Certified Mail, Return Receipt to the person(s) listed below: John W. Schroth Cumberland County Prison 110 1 Claremont Road Carlisle, PAl 7013 elli J B ownewell, Esquire Attorne for Plaintiff 319 South Front Street Harrisburg, P A 17104 ~ ~ ~ ~ ~ ~ ~. \) ~ \ ~ ~ ~ ~ ~ ~ ~. ., 'V ~ ~ \~ \-. ~ (") C .<?"" ')l';"'~ [;!f"Y _~~~: ~~:. 0- 6~) ~ Z<.::. -." ( ) >~ (~~ L: -.-f ...< f',' c:::> C::;:) er- e::> (J -~ N .- o ." :2:n rnl_ -rJrn ;E2Y ~;1q - -1"i Qc'5 ;""'=rn ,-..J );! :.n -< ~ ~ N .. w w o MICHELLE LOY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA v. 06-6203 CIVIL ACTION LAW JOHN W. SCHROTH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 31,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, December 01, 2006 at 10:30 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 hearinl!;. FOR THE COURT. By: /s/ Melissa P. Greevy, 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 A TTORNEY AT ONCE. IF YOU DO NOT HA VE 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 ~~9IJ~l) , ArrnJ ~ 1:i1S}l.] rY'I 9f ~ -I1')!f\U ,?O -l/ - J/ '~>3} . 11~\?~ \0C?J 8. I J7'(I Of j~ ~") t;;'Lj~_Y~J '?()- L 1-)/ Tf~ ~ j u;Z-s ~ V ~ n"-;or;) 10-- Ll--II ....., = <:.::::::;,) CT' c' o;<L..._ -.J VJ :", S} Ul ::n 0) ,.< - ..". ~ - Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE LOY, v. 06-6203 CIVIL ACTION LAW JOHN W. SCHROTH, Defendant IN CUSTODY PRAECIPE TO DISCONTINUE PLAINTIFF'S PETITION FOR CUSTODY AND NOW, this 28th day of November, 2006, comes Plaintiff/Petitioner, Michelle Loy, by and through her counsel, Kelli J. Brownewell, Esquire and files this Praecipe to Discontinue the above-captioned action without prejudice. 1. Plaintiff, Michelle Loy, currently resides at the same address with the parties Children. 2. Plaintiffs request for a custody action was motivated by Defendant's escape from prison and the fear that Defendant would remove the Children from the State of Pennsylvania. 3. As of Wednesday November 22,2006, Defendant has been located and arrested and was awaiting extradition back to Pennsylvania. 2. Therefore Plaintiff s request for custody is no longer necessary and she wishes to discontinue her custody petition. WHEREFORE, the Plaintiff/Petitioner, Michelle Loy respectfully discontinues the above captioned action without prejudice. o f"; ~~,- -Ow OJ c: :i~ r~' ( !) _.r:_ c: 1:L, ;:.~ ~~ ,:'-.1 ....., ,....., c::::> ~ a" :::.e o -= N \.0 -0 =~ ~ :i! rn~ -om :u9 c-? 0 ::'1"" -r. ..--n ;lo orn .:::..t 55 ;;<, ~ Ul N Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6203 CIVIL TERM MICHELLE LOY, v. JOHN W. SCHROTH, CIVIL ACTION - LAW IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this ~y of , 2006, counsel for the Plaintiff, having filed a Praecipe to Discontinue Plaintiff's Petition for Custody on November 28, 2006 in this action, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. ~ elissa Peel Greevy, Esquire ustody Conciliator :287635 V:NV/Y1AS:\;i'~3d 1i I\Jn"" -1> ',> '-;'-'f'""^'n"'l !,-UI ".>>! ',: >>'~:J!'~ v 98 :2 Wd 1- 330 900l AtN10NO;-U.oSd 3HL :JO 381~jQ-C8ll::l MICHELLE LOY, ."" -- NO\J S 0 2006{Y1~ : IN THE COURT OF COMMON PLEAS, .. : CUMBERLAND COUNTY, PENNSYL VANIA v Plaintiff v. : 06-6203 CIVIL ACTION LA W JOHN W. SCHROTH, Defendant : IN CUSTODY ORDER AND NOW, this ~ day of D~ \. , 2006, it is hereby ordered that the above-captioned action in custody is discontinued without prejudice. BY: /d- ((-eft; (]~ ~L yls- ~ :z~ '() -:;::. 'd.t~ 0.- G--'k '~: '--'0- W..), \J tt~ 'B C1' .:5 ~ .::r \ ~ (::::) ~ ~ ?: 0: " ~~~ t~l:~~7. -, ....-J i~ ~ D