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HomeMy WebLinkAbout02-2796NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA '170'13 (717) 243-6090 ATTORNEY FOR DEFENDANT ANDREW W. SCHULTZ, Plaintiff VB BRENDA J. SCHULTZ Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW _, : NO. 02- ~?~p CIVIL : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Andrew Schultz, by his attorney, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1. Plaintiff is Andrew W. Schultz, (hereinafter "Father"), the plaintiff in the above captioned matter who resides at 124 Gilbert Road, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Brenda J. Schultz, (hereinafter, "Mother"), the defendant in the above captioned matter who resides at 124 Gilbert Road, Shippensburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of three minor children, namely: Devin Kyle Schultz, born January 4, 1987, age 15 years Dustin Roy Schultz, born June 30, 1992, age 9 years Dylan Franklin Schultz, born February 6, 1994 age 8 years 4. The children have lived with the parties respectively, from the time of their birth until Friday, May 31, 2002. 5. Plaintiff and defendant are the natural parents of the children. 6. The children was born of the marriage between the parties. 7. The children are presently in the custody of plaintiff. 8. The parties are currently married. 9. 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. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 11. 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. 12. The best interest and permanent welfare of the children will be served by granting the relief requested herein because the defendant has engaged in dangerous and reckless behavior that has endangered the life of the children. 13. Defendant has made several threats to commit suicide and most recently has ingested a large quantity of Tylenol PM tablets, as a result of which Defendant had to be hospitalized for. 14. Plaintiff maintains a stable household and environment within which to raise the child. 15. Defendant is to be released from Chambersburg Hospital today and plaintiff believes and therefore avers that the children face irreparable harm in her care, because of her mental condition. WHEREFORE, for the reasons set forth herein, plaintiff, Andrew W. Schultz, respectfully requests that the Court enter an order granting legal and physical custody of the children to the plaintiff. June~2,2002 Respectfully submitted, Attorney for Petitioner 35 East High Street, Suite 202 Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that the facts set forth in this 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. June 7, 2002 And~'ew W. Schultz NATHAN C. WOLF., ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA '170'13 (7'17) 243-6090 ATTORNEY FOR DEFENDANT ANDREW W. SCHULTZ, Plaintiff BRENDA J. SCHULTZ Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ·: CIVIL ACTION - LAW : : NO. 02-27~ CIVIL : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner, Andrew Schultz, by his attorney, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1. Petitioner is Andrew W. Schultz, (hereinafter "Father"), the plaintiff in the above captioned matter who resides at 124 Gilbert Road, Shippensburg, Cumberland County, Pennsylvania. 2. Respondent is Brenda J. Schultz, (hereinafter, "Mother"), the defendant in the above captioned matter who resides at 124 Gilbert Road, Shippensburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of three minor children, namely: Devin Kyle Schultz, born January 4, 1987, age 15 years Dustin Roy Schultz, born June 30, 1992, age 9 years Dylan Franklin Schultz, born February 6, 1994 age 8 years 4. The children have lived with the parties respectively, from the time of their birth until Friday, May 31,2002. 5. On or about May 31, 2002, after Mother made threats to her own life, as well as to the life of Father, while holding a knife, Father was forced to leave the marital residence and subsequently summoned the assistance of the police. 6. Father returned to the home with the police and gathered some of his clothing, while the police attempted to control and calm the situation. 7. Father stayed with other family members on Friday and Saturday nights with the hope of resolving the problems between he and Mother. 8. The parties' eldest child discovered Mother on or about June 1, 2002, while Mother was attempting to take the Tylenol PM tablets, and subsequently took the bottle of medication from Mother. 9. After taking the medication from Mother, the parties' eldest son telephoned Father to alert him to the situation. 10. Father then called the Pennsylvania State Police and asked that they respond to the marital home to intervene before Mother could do harm to herself. 11. A short time later, on Saturday, Father was notified by the State Police that the situation was stable and was also informed that he was not to try to contact Mother at the home again. 12. On or about Sunday, June 2, 2002, Father visited with his sons outside of the home, with the assistance of the children's maternal grandmother, and Father retrieved some other articles of clothing. 13. After leaving the marital residence, Father rented a motel room where he stayed for two nights. 14. On or about June 4, 2002, after Mother discovered the whereabouts of Father, Mother went to the motel where Father was staying and demanded to speak with him. 15. Father reluctantly allowed Mother into the motel room where the parties spoke until an argument ensued and Mother left the motel. 16. Dudng the argument Mother threatened to remove the children from the state and told Father that he would be prohibited from having any contact with the children. 17. Upon her return to the marital residence, Mother informed the maternal grandmother that she had ingested forty-eight pills, and told the maternal grandmother not to notify anyone. 18. After Mother had left the room and laid down in the eldest child's bedroom, the maternal grandmother contacted Father, and subsequently summoned an ambulance at the request of Father. 19. Mother was admitted to the Chambersburg Hospital for treatment and it was discovered that she had, in fact, ingested approximately forty-eight Tylenol PM tablets. 20. Mother is due to be released from the hospital at any time, and no formal arrangements have been made for Mother's treatment, due to Mother's resistance to any offers of assistance from Father or Mother's other family members. 21. Mother has undergone at least one previous pedod of hospitalization after she threatened to commit suicide, but did not, in fact, take action towards doing so. 22. Mother's release from the hospital after the previous episode was agreed to by Father, with the understanding that Mother would seek and receive treatment for her mental instability. 23. Mother did not receive any such treatment despite her promises to do so. 24. Mother's actions have been conducted in the presence of the children and Father believes and therefore avers that significant harm will be suffered by the children if they are allowed to remain in Mother's custody and care following her release from the hospital. 25. Father is deeply concerned for the well-being of the children and does not believe that it is in the children's best interest to remain in the custody of the Mother, pending her receiving treatment for her condition. 26. Father's desire is to minimize the disruption to the children's life and routine and to instead reinforce a positive atmosphere for the parties' children in the martial home, until Mother can receive the necessary medical attention that she requires. 27. Father has been in constant contact with the maternal grandmother with the hope that she and others in Mother's family can arrange for, and ensure, compliance with mental health treatment. 28. Father feels it would be in the best interest of the children for this Court to issue an Emergency Custody Order, effective immediately, as a result of Mother's pending release from the Chambersburg Hospital so that he can protect his children from the emotional harm already threatened, and furthermore Father fears that without such an Order, he would be powerless to prevent Mother from removing the children from his care, which he believes and therefore avers, would pose a significant risk to the children's well-being since Mother has demonstrated she is currently incapable of caring for the children, given her mental health problems. WHEREFORE, Petitioner prays this Honorable Court enter an Emergency Custody Order awarding Father primary physical custody of the children. In addition, the Petitioner prays that this Court enter an Order requiring the parties to attend a custody conciliation wherein the medts of the case can be more thoroughly examined. Dated June 7, 2002 I~n Law Office 35 East High Street, Suite 201/202 Carlisle, PA 17013 I.D. No. 87380 (717) 243-6090 VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. June 7,2002 Andrew W. Schultz ANDREW W. SCHULTZ V. BRENDA J. SCHULTZ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, pENNSYLVANIA : NO. 2002-2796 CIVIL TERM ORDER OF COURT AND NOW, this 11TM_ day of JUNE, 2002, it having been related to the Court that the father has allowed the children to accompany mother on a trip to South Carolina, there appears to be no need to schedule an emergency hearing. This matter is referred for conciliation. Nathan C. Wolf, Esquire For the Plaintiff ! Brenda J. Schultz 124 Gilbert Road Shippensburg, Pa. 17257 :sld Edward E. Guido, J. ANDREW W. SCHULTZ : PLAINTIFF ' V. BRENDA $. SCHULTZ DEFENDANT : AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2796 CIVIL ACTION LAW 1N CUSTODY Tuesday, June 11, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Thursday, June 20, 2002 at 10:30 AM for a Pre-Heating 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 bearing· FOR THE COURT, By: /s/ Hubert X. Gilrov. Esa. 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 heating. 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 VINVA'IX~NNCJd XJ.NNO0 ANDREW W. SCHULTZ V. BRENDA J. SCHULTZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2796 CIVIL TERM ORDER OF COURT AND NOW, this 11TM day of JUNE, 2002, it having been related to the Court that the father has allowed the children to accompany mother on a trip to South Carolina, there appears to be no need to schedule an emergency hearing. This matter is referred for conciliation. Nathan C. Wolf, Esquire - pC R~O~O~_~_~/ For the Plaintiff ! Brenda J. Schultz 124 Gilbert Road .[I~ O~C~ Shippensburg, Pa. 17257 --. :sld By the Edward E. Guido, J. R. THOMAS KLINE Shedff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy June 7, 2002 Dear Sir, Physicians for Women's Health VS Dawn Wetzel No. 2002-2376 Civil Term Property Claim Determination Reference is made to Property Claim dated May 29, 2002 entered by Anna R. Dolbin pertaining to Writ of Execution No. 2002-2376 Civil Term, Physicians for Women's Health -vs- Dawn Wetzel R. Thomas Kline, Sheriff, has determined that the claimant, Anna R. Dolbin in the above mentioned property claim, is prima facie the owner of the property set forth therein. CC; Gail Guida Souders, Atty for Pltff. Dawn Wetzel, Deft. Anna R. Dolbin, Claimant So Answers: R. Thomas Kline, Sheriff PROPERTY CLAIM In the Court of Common Pleas of Cumberland County, Pennsylvania VS TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: State of Pennsylvanm: County of Cumberland above list in the property claim are correct and true. Sw°r" b e "l N°tarY fub~ ~l~[~s'~'n-Expl}es April 4,2005 J Claimant being duly sworn according to law, deposes and says that the Claimant Resident's Nam~ PROPERTY I a_NAGEMENT INC', Inspection Report Property Move-In Inspection Move-Out Inspecton Check One FOYER Door-Lock-Bell Mail Slot-Light Closet-Door-Shelves~-- FURNACE ROOM Door-Lock -- Heater, A/C Co-- Panel Breakers Balcony-Patio ~" KITCHEN Floor Wails Ceiling Formica ~- Cabinets, Shelves Doors, Fixtures Fire Extinguisher Range-Hood-Fan ¥ ~, Filter-Light Range-Pans-Knobs Refrigerator ~ .~. LIVING ROOM Floor-Tile-Carpet ~-~ Wails-Ceiling -Thermostat · TV Adapter Door-Lock Window-Screen ~-' Brick-Wall Blinds-Cord Heater, A/C ~ DINING ROOM Walls-Ceiling C.-- Floors Window-Screen O_,-- Window-Storm Light Fixture .-., Blinds-Cord HALLS & STAIRS Steps-Railing ' Closet-Door Ice Trays-Shelves ~ , Shelves ~ Dishwasher Basket-I~ob /-/. ~/Z~ ~oV) Light-Switch f} /7- Smoke Detector 0~- .ay~--~Seh;r ?0~, ~ Si~-Faucets C~ ' V ,po -Co r [oCg FURNITURE BEDROOMS #1 Wails-Ceiling Floor-Carpet Window-Screen Lights-Fixtures . Closet-Shelves-Pole ~-~ #2 #3 TV Adapters ~4 o~., ~ Heater, A/C Door-Handle ('~- CA- Blinds-Cord .~o'c~ - .o __ BATHROOMS #1 #2 #3 Door-Handle Tub Stopper C-~ Shower Rod 0'-- Vanity Formica Faucet,Stopper (-~-- Commode, Seat. Tank Med. Cabinet, Shelves Showers, Doors, Head Towel Bar, Paper Holder KEYS R~:'r URNED Apt. ADDITIONAL REMARKS Laundry Room Mailbox ANDREW W. SCHULTZ, Plaintiff BRENDA J. SCHULTZ, Defendant IN THE COURT OF C( CUMBERLAND COLI~ : : NO. 02-2796 CIVIL TEl : : CUSTODY CUSTODY ORDER AND NOW, this O~ 4~ __ day of June, 2002, upon consideratie Agreement and Stipulation, the following Order is entered with regard children, Devin Kyle Schultz, Dustin Roy Schultz, Dylan Franklin Scl to as the "children." 1. The plaintiff, Andrew W. Schultz, hereinafter referred defendant, Brenda J. Schultz, hereinafter referred to as the "mother custody of the children. 2. The mother shall have primary physical custody of the c! 3. The father shall have partial physical custody of the c following schedule: Every other weekend from Friday at 7:00 p.m. until Sund During the summer, every Tuesday from 7:00 p.m. until provide transportation for these particular visits. At other times mutually agreed upon by the parties with 4. If father's schedule so allows, father shall have childr~ during summer vacation upon 48 hours notice. }MMON PLEAS OF ITY, PENNSYLVANIA LM n of the parties' Consent to custody of the parties' mltz, hereinafter referred as the "father", and the shall have shared legal [ldren. fildren, according to the ay at 7:00 p.m. 9:00 p.m. Mother shall vo-hour notice. for a one-week period 5. The non-custodial parent shall be allowed to commu children via telephone. 6. The mother and father will notify each other of all receive while in that parent's care. Each parent will notify the oth~ emergencies which arise while the children are in that parent's care. 7. Neither parent shall do anything which may estrange parent, or injure the opinion of the children as to the other parent or wl and natural development of the children's love or respect for the other p~ 8. Neither parent shall consume and/or abuse alcohol or dr in the care of either parent. 9. This order shall remain in effect pending an agreemenl custody after the summer months. If the parties are unable to reach party may petition for a custody conciliation conference. Nathan C. Wolf, Esq. Attorney for Plaintiff 35 East High Street Carlisle, PA 17013 David Lopez, Esq. Attorney for Defendant 8 Irvine Row Carlisle, PA 17013 nicate regularly with the aedical care the children immediately of medical children from the other ch may hamper the free xent. .gs while the children are by the parties regarding agreement, then either ANDREW W. SCHULTZ, Plaintiff Vo BRENDA J. SCHULTZ, Defendant : IN THE COURT OF CI : CUMBERLAND COU] : NO. 02-2796 CIVIL TE : CUSTODY CONSENT AGREEMENT AND STIPULt This Agreement is entered on this _~day of June, 2002, b3 Schultz, and the defendant, Brenda J. Schultz. The plaintiff is repres~ Esq.; the defendant is represented by David Lopez, Esq. of MidPenn Le The plaintiff and the defendant agree to the entry of an Order p~ custody schedule for their children, Devin Kyle Schultz, Dustin Roy Schultz, hereinafter referred to as the "children." Father's willingness have primary physical custody of the children is based upon Mother' comply with a course of mental health counseling. Mother's fail' grounds for Father to petition for a custody conciliation conference. 1. The plaintiff, Andrew W. Schultz, hereinafter referred t{ defendant, Brenda J. Schultz, hereinafter referred to as the "mother", custody of the children. 2. The mother shall have primary physical custody of the ch 3. The father shall have partial physical custody of the c? following schedule: Every other weekend from Friday at 7:00 p.m. until Sund,' )MMON PLEAS OF ITY, PENNSYLVANIA RM TION the plaintiff, Andrew W. .nted by Nathan C. Wolf, al Services. ,viding for the following Schultz, Dylan Franklin o agree that Mother shall agreement to obtain and to do so may provide as the "father", and the shall have shared legal ldren. ildren, according to the .y at 7:00 p.m. During the summer, every Tuesday from 7:00 p.m. un' provide transportation for these particular visits. At other times mutually agreed upon by the parties with 4. If father's schedule so allows, father shall have child~ during summer vacation upon 48 hours notice. 5. The non-custodial parent shall be allowed to eommu children via telephone. 6. The mother and father will notify each other of all receive while in that parent's care. Each parent will notify the oth~ emergencies which arise while the children are in that parent's care. 7. Neither parent shall do anything which may estrange parent, or injure the opinion of the children as to the other parent or w and natural development of the children's love or respect for the other p 8. Neither parent shall consume and/or abuse alcohol or dr in the care of either parent. 9. This agreement shall remain in effect pending an regarding custody after the summer months. If the parties are unable to either party may petition for a custody conciliation conference. il 9:00 p.m. Mother shall two-hour notice. en for a one-week period aicate regularly with the aedical care the children immediately of medical children fi'om the other ch may hamper the free arent. .gs while the children are reement by the parties each an agreement, then WHEREFORE, the parties request that an Order of Court be terlIlS. Andrew W. Schultz, Plaintiff Brenda J. Schtfftz ~fl~:omey: ~fPlaintiff A~ ~I~ ~h Street C~le, PA 17013 l~a'~'i~ Lopez, Esq. Attorney for Defen 8 Irvine Row Carlisle, PA 1701 ntered to reflect the above Defendar~ ANDREW W. SHULTZ, Plaintiff V BRENDA J. SHULTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 2796 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~ day of ~ o~.3~ ,2002, the conciliator being advised that the parties have reached an agreement in the above matter, the conciliator relinquishes jurisdiction. BY THE COURT, x. ~bdy Conciliator