HomeMy WebLinkAbout95-00797
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Sup~ ~or Court of Pennsylvania
office of the Prothonotary
Fulton Building
9TH Floor
200 North Third Street
Harrisburg, Pennsylvania 17101
(717) 772-1294
October 24, 1997
Notice of Appeal Docketing
Superior Court Docket No. Assigned
00937HBG97 "
AlO' QS- ?i7 6~ -r..tM>v
PROTHONOTARY
Cumberland COUNTY
Cumberland Cty. Courthouse
Carlisle, Pa 17013
RE: Schneider, J Schneider, S
You are hereby advised that the attached docket
information has been entered into the superior court records
in a case in which you appear as an officer of the court.
Please review this information carefully and notify this
office immediately if you believe correction(s) are in order.
Thank you.
David A. Szewczak
Prothonotary
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10/24/97
1436
SUPERIOR COURT OF PENNSYLVANIA
OFFICIAL DOCKET
DOCKET # 00937HBG97
Y3368 SANDRA SCHNEIDER
2207 STEVE ROBERTS SPECIAL
ZOLFO SPRINGS, FL 33890
CONSOLIDATED DOCKET NUMBER
BACKGROUND DATA
TRIAL COURT RECORDS
CATEGORY:
COURT NAME:
COUNTY:
JUDICIAL DISTRICT:
CASE TYPE/CHARGE:
TRIAL COURT CHARGES:
JUDGE (S) :
DISPOSITION TYPE:
DISPOSITION DATE:
APPEAL FILE DATE:
DISPOSITION ENTERED:
TRIAL CRT DOCKET NO. :
OFFENSE TRACKING NO. :
FULL CAPTION
001T JOSEPH F SCHNEIDER
V
002E SANDRA N SCHNEIDER
COUNSEL
50838 JAMES J KAYER
4 EAST LIBERTY AVENUE
LIBERTY LOFT
CARLISLE, PA 17013
TITLE
FOR MAIL
001T Y
717-243-7922
PRO SE
002E Y
CV
CIVIL
CUMBERLAND
09
CUSTODY/VISITATION
BAYLEY, E
ORDER ENTERED
09/10/97
10/02/97
09/11/97
95-797
STATUS INFORMATION
11/04/97 DOCKETING STATEMENT DUE
11/11/97 LOWER COURT RECORD DUE
DOCKET ENTRIES
10/21/97 NOTICE OF APPEAL
10/21/97 DOCKETING STATEMENT EXITED
T=APPELLANT
E=APPELLEE
FOR
001T
001T
*=COURT APPOINTED
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C!-:Il'I'II.'JC^TI': AND 'I'I!ANSMJ'I"I'AI. OF Iu.:COlllJ
UNDEIl
~I':NNS\'..I.VANJ A flUl,E 01,' APPEI,I,^,m PIlOCEIlUIlE 1931 (c)
To the I't'othonotary of the Appel Ldte Court to which the
within matter hilS been appealed:
(\)lI.p , CUl\..~.\-
TilE UNIlIWS1GNED. Prothonotary of the Court of Common Pleas
of _CUM8ERLl\ND_ County, the said court being a court of record
do hereby certify that annexed hereto is a true and correct copy
of the whole and entire record. including an opinion of the court
as required by PA R.A.P. 1925. the original papers and exhibits,
if any on file, the transcript of the proceedings, if any, and the
docket entries in the following matter:
CASE NO. 95-797 CIVIL TERM; NO. 938 linG 1996
JOSEPH F SCIINEIDER
VS
SANDRA N SCHNEIDER
The documents comprising the record have been numbered
from No.1 to No. (,1 ,and attached hereto as Exhibit ^ is il
list of the documents correspondingly numbered and identified with
reasonable definiteness. including with respect to eac~ document.
the number of pages comprising the document.
The date on which the~eccrd has been transmitted to the
appellate court is 1- '1'1L
(Seal of Court)
~
I'
^n additional copy of this certificate is enclosed. Please
sign and date copy. thereby acknowledging receipt of this record.
Ill':COllD RECEIVED:
Date:
(signature' title)
~
Cllllllllllnweallh Ill' Pennsyll'ania
Cllllnl)' Ill' CUlllherland
} S\:
I. l""1Irt"; c::. U 'nn'J .IJrothnnolilry
Ill' Ihe Cllurt Ill' Cllmllllln Pleas in IInd for said
Clluul)'. dll hereh)' eertif)' Ihal Ihe fllregoing is II
full. true a 011 ellrreel Clip)' of the whole record oflhe
ClISC therrin staled. wherein
109Crh p 5chn~Qr
Plainliff. aod
!Jafl(I~e4aer
Defendant _. liS the s:lme remains of record
hefllre the said Court at No. q 'i -7 q 7 of
Term. A.D. 19_.
In TESTIMONY WIIEREOF. 1 hal'e hereunlll sel 111)' hand and nmxed Ihe seal of said Courl
Ihis NINTII dll)' of A. D.. 19-2!!..
PfUlhnnnlar)
I. GcoJ:gQ P IJnfF",.. I'residenl Judge of the Nint
.ludicial District. elllllpused Ill' the Cuunty III' Cumher!:u ,d. du certify Ihat Cu r tis (l L l>r'9
P..n~hn'lQ.ta"I' . h)' whum the annexed record. certificate IInd
nltcsllltiutl were made and given. and whu. in his own prnrn:r IHlndwriling. thereunto subscribed his name
aud amxed the seal III' Ihe Cllurlllf ClIlllmun l'leas or said Cllunl)'. Was. atlhe time Ill' so doing. and nil\\' is
l'rlllhllnlllUry iuund fllr said CllUUt)' III' Cumberland in
the Comlllllnllealth uf Penns)'ll'ania. dul)'elllllmiS\illned and 4ualified lonll of whose acts as such full faith
and credit arc alld ought to he gil'en as \\'ell in Cuurts of judicature liS elsewhere. and Ihlltlhe said reeurd.
certificate IInd :'lteslUlion lire in due 1'0 rill of law and made h)' o'r meer.
('llI11It111nWCilllll (If Ilcnnsyl\'ania
Cuunly of Cumherland
I,,:
l'fl."\ltknl.hlllJ!L"
I. ell r I- i" R I.ong . ProlhollulUry Ill' the Court of Cumllllln l'leas in
and fur the said Cllunl)'. do e~rtif)' Ihat the 1I01l0",hle -Gco, " E Iiu [[ "'. _
h)' whomlhe fllregumg IIlteslauon was made. and who has Ihere~ll suhsenhed hiS name. was. allhe lIrne
or making Iherellf. alld slill is Presidenl.ludge Ill' the Court III' ClIllllnlln Pleas. Orphall' Courtllnd Court of
Quarter Sc"iun'l uf the !lCill.'C.' in ill1d rur saill County. duly Cnmmbsinncd nUl) qualHicd; tn nil who\c ueh
as such full faith and credit arc illlll ollght III he gi\CII. it, well in Courh of judicature .." elsewhere,
IN lESllMONr WIlEHEOI:' 11""e herelllllll
,cl 111\' hillld illUI afthl'lIlhe Will"f ~"ill ('Ollrt Ihi,
NiNTII_ ,,:;t11ANUARY UI '1_tllL.
CEll'l'l ~'lC^,rg AND 'rIIANSMI""I'AI, OP IlECOIID
UNDEIl
PENNSYI.vANIA RUI.E O~' APPEl.LATE PIlOCEDURE 1931 (c)
To the Prothonotary or the Appellate Court to which the
within matter has been appealed:
SUPERIOR COURT OF PENNSYLVANIA
TilE UNDE/lSIGNED, Prothonotary or the Court of Common Pleas
of I'IIMllERLANn County, the said court being a court of record,
do hereby certify that annexed hereto is a true and correct copy
of the whole and entire record, including an opinion of the court
as required by PA /l.A.P. 1925. the original papers and exhibits,
if any on file, the transcript of the proceedings. if any, and the
docket entries in the following matter:
CASE NO. 95-797 CIVIL TERM: NO. 938 HBG 1996
JOSEPH F SCIINEIDER
VS
SANDRA N SCHNEIDB~
The documents comprising the record have been numbered "
from No.1 to No. ';1 ,and attached hereto as F:xhibit ^ is il
lIst of the documents correspondingly numbered and identified wilh
reasonable definiteness, including with rnspect to ~ac~ document,
the number of pages comprising the document,
The date on which the~eccrd has been transmittec to the
appellate court is j- 7' 9L
I :ica 1 of COliL t i
An additional copy of this certificate is enclosed. I'lease
sIgn and date copy. thereby acknowledging receipt of this reC'ord,
/lECORD RECETVED:
Date:
ReceMidl/i S/l~;;rf,,~C~rt --
dAN-l-4-m
(sigRlaSure & title)
HARI11i)LI", ...,
J, A31036/98
JOSEPH F, SCHNEIDER,
Appellant
IN THE SUPERIOR COURT OF
PENNSYLVANIA
v.
SANDRA N, SCHNEIDER,
Appellee
No. 937 Harrisburg 1997
Appeal from the Order In the Court of
Common Pleas of Cumberland County,
Civil Division, No. 95-797
JUDGMBNT
ON CONmJBRA170N WllERBOF, it is now here ordered and
adjudged by rhis Coun rhat rhe judgment of rhe Coun of
Common Pleas of CUMBERLAND Coumy be, and the same
Is hereby APF 1I<Mt:D .
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BY mE COURT:
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Dau~ September 2, 1998
J, A31036/98
JOSEPH F, SCHNEIDER,
Appellant
IN THE SUPERIOR COURT OF
PENNSYLVANIA
v.
SANDRA N, SCHNEIDER,
Appellee
No, 937 Harrisburg 1997
Appeal from the Order In the Court of
Common Pleas of Cumberland County,
Civil Division, No, 95-797
BEFORE: MCEWEN, P.J" DEL SOLE and TAMILIA, JJ.
MEMORANDUM:
F I LED SEP - 2 1998
In this appeal we are asked to determine whether Pennsylvania has
subject matter jurisdiction to make a child custody determination by Initial
decree pursuant to the Uniform Child Custody Jurisdiction Act (UCOA), 23
Pa,C,S,A, ~9 5341-5366, By Order of September 10, 1997, the trial court
declined jurisdiction In the within custody case, Concluding that, while
Florida was the children's home state, Pennsylvania also had jurisdiction,
which the court declined to exercise having further determined that Florida Is
the more convenient and therefore more preferable forum, We conclude the
trial court correctly applied the UCCJA and therefore affirm,
Appellant, Joseph S, Schneider, and appellee, Sandra N, Schneider,
are the natural parents of three minor children. The parties are married but
are currently separated, Appellant lives In Carlisle, Pennsylvania, and
appellee lives with the three children In Zolfo Springs, Florida, On May 23,
J. A31036/98
1997, appellant flied a petition for custody In Cumberland County In
Pennsylvania, Pursuant to the local rules, the case was assigned to a
custody conciliator and a hearing was held on August 7, 1997. Appellant
and his counsel were present at the hearing and appellee participated by
telephone from the office of her Florida counsel.
The purpose of the hearing was to resolve the dispute without the
need of further litigation or to define the Issues for subsequent disposition by
the trial court. With said purpose In mind, the parties agreed to a set of
stipulated facts to be submitted to the trial court for Its consideration of the
Issue of whether jurisdiction should be exercised. On August 18, 1997, a
custody conciliation summary report setting forth the stipulated facts was
submitted to the trial court which then ordered the parties to brief the Issue,
Despite having verbally Informed the conciliator on the day that the
summary report was prepared that he agreed to the dates of residency as
she had recorded them, appellant subsequently concluded that the dates
were In error and Inconsistent with the averments In his custody petition.
The stipulations provided, In pertinent part, as follows:
E, The Children resided In the following states during
the time periods specified below:
June 1992-0ctober 1994 - Pennsylvania
October 1994 - March 1995 - Florida
April 1995 - mid-June 1996 - Pennsylvania
mid-June 1996 and July 1996 - Florida
August 1996 - mid-October 1996 - Arkansas
- 2 -
J. A31036/98
mld.October 1996 - Present
- Florida
F. The Mother and the Father resided In Arkansas
from October 1996 through December 1996 when
they moved to the residence of the maternal
grandmother In Florida until the parties separated
In January 1997, The Children resided with the
maternal grandmother while the parents were In
Arkansas during the end of October and
November 1996.
Appellant averred, In both the custody petition and his brief to the trial
court, that the children did not move from Arkansas to Florida until
December of 1996. Appellant thereby asserts that the children lived In
Florida for a period less than six months prior to the filing of his custody
petition In Pennsylvania,
Appellant first argues that the trial court abused Its discretion by
making Its determination without having conducted an evidentiary hearlng.1
Appellant asserts that where there Is a contested material fact on the record,
the trial court must convene an evidentiary hearing, We disagree,
The Issue of whether the trial court Is required to hold a hearing to
determine jurisdiction under the UCCJA was addressed by this Court In
Black v. Black, 657 A.2d 964 (Pa, Super, 1995), appeal denIed, 542 Pa,
655, 668 A,2d 1119 (1995), In Black, prior to adjudicating the merits of
the custody petition, the trial court applied the law of the UCCJA, section
5344, Jurisdiction, to determine If It had subject matter jurisdiction to
I Appellee did not file a brief with either the trial court or with this Court on
appeal,
- 3 -
J, A31036/98
entertain the custody petition, The court concluded the father had failed to
allege sufficient facts In either his custody petition, emergency petition or
trial court brief to warrant a further evidentiary hearing. The Black Court
agreed with the trial court that It was unnecessary to conduct an evidentiary
hearing since the father had not raised a colorable argument In support of
his contention that Pennsylvania had jurisdiction to adjudicate the merits of
his custody petition, Id. at 971.
In accordance with Black, In order for the trial court to have been
required to conduct an evidentiary hearing, appellant must have raised a
colorable argument In support of his contention that Pennsylvania should
have assumed jurisdiction. Appellant asserts that he has raised such a claim
because the materiality of the contested fact, I,e, the exact date the children
moved from Arkansas to Florida, was critical to the determination of the trial
court that Florida was the children's home state, As per the stipulated facts,
the trial court found that the children had continuously resided In the state
of Florida since mid-October of 1996, a period In excess of six continuous
months prior to appellant filing the custody petition. (Trial Court Opinion,
Bayley, J" 9/10/97, at 5.) We conclude there was enough Information
before the trial court to enable It to decide the question and It Is not
necessary to remand for further proceedings on this Issue, See Hovav v.
Hovav, 458 A.2d 972 (Pa, Super. 1993).
- 4 -
J, A31036/98
Appellant next argues that the trial court erred by concluding that
Pennsylvania was not the home state of the children, Appellant asserts that
given the short duration the children had lived In Arkansas and Florida
Immediately prior to the filing of the custody petition, the trial court should
have characterized Pennsylvania as the children's home state, This
argument falls because the length of stay In various jurisdictions Is not
controlling when ultimately a domicile Is selected which Is different from the
former home domicile and In which the children currently reside with
sufficient Indicia of permanence. Neither significant contacts In the domicile
of the custody action or the fact Pennsylvania is a state of significant
contacts weigh as the most relevant considerations when present
circumstances are controlling, (Trial Court Opinion, Bayley, J" 9/10/97,
discussion at 5-7,)
Appellant's final argument Is that the trial court erred by failing to
conclude that Pennsylvania should exercise jurisdiction pursuant to section
5344(a){2) of the UCCJA which provides that the Commonwealth has
jurisdiction If:
(2) It is In the best Interest of the child that a court
of this Commonwealth assume jurisdiction because:
(I) the child and his parents, or the child and at
least one contestant, have a significant
connection with this Commonwealth; and
(II) there Is available In this Commonwealth
substantial evidence concerning the present or
. 5 -
J, A31036/98
future care, protection, traIning and personal
relationships of the chlld[,) .
23 Pa,C,S,A, 9 5344(a)(2). Appellant correctly notes that even If FlorIda Is
the home state, the trial court could have accepted jurisdIction on the basis
of significant contacts In Pennsylvania, See Merman v. Merman, 603 A,2d
201 (Pa, Super, 1992)i Warman v. Warman, 439 A,2d 1203, 1207 (Pa,
Super, 1982), More than one state may have jurIsdiction under the terms of
the UCCJA, however, Hamm v. Hamm, 636 A,2d 652 (Pa, Super, 1994).
In such situations, one state may defer Its valid jurisdiction to another forum
pursuant to the UCCJA, 23 Pa,C,S,A. 9 5348, Inconvenient forum, (a)
General rule, which provides that a trial court "may decline to exercise Its
jurisdiction any time before making a decree If It finds that It Is an
Inconvenient forum to make a custody determination under the
circumstances of the case and that a court of another state Is a more
appropriate forum," Id. In order for section 5348 to have application,
however, the trial court must first conclude that one of the jurisdictional
bases found In section 5344 applies. Black, 657 A,2d at 971.
The trial court concluded that It had jurisdiction under section
5344(a)(2) but exercised Its discretion to decline said jurisdiction pursuant
to section 5348, the court determining that the children had just as many
contacts In Florida as In Pennsylvania, (Trial Court Opinion at 6,) The court
then concluded that Florida Is the preferable forum because It would be
inconvenient for the mother to have to produce In a Pennsylvania court the
- 6 .
J. A31036/98
evidence as to the most recent significant aspects of the lives of the
children, Id. In so concluding, the trial court noted that one of the children
had started school In Florida and that all of the children had lived for
extended periods of time In the home of their maternal grandmother In
Florida, the last period now being almost one year, Id.
A decision of a trial court to decline jurisdiction under the UCCJA will
not be disturbed absent an abuse of discretion, Merman, 603 A.2d at 203,
Appellant merely argues that the children had significant contacts In
Pennsylvania and the fact that they had similar contacts In Florida Is
Insufficient to decline jurisdiction In Pennsylvania. In so arguing, appellant
does not specifically challenge either of the trial court's determinations that
Pennsylvania Is an Inconvenient forum or that Florida Is a more appropriate
forum, While appellant falls to specifically assert an abuse of discretion
herein, we nevertheless conclude that the trial court properly determined
that while both states could have exerted jurisdiction under the UCCJA,
Florida and not Pennsylvania Is the more convenient and therefore
preferable forum, See 23 Pa.C,S,A, 9 5348 (c), Factors to be considered,
For the foregoing reasons, the Order of the trial court declining
jurisdiction Is affirmed,
Order affirmed,
.7-
IN TilE SUI'EIUOR COURT OF I'ENNSYLV ANIA
IIAIUUSIIURG I>ISTlUCT
CERTIFICATE OF CONTENTS OF REMAN DEI> ImCORI>
I'A.I{.A.I'. 2571 ANI> 2572
THE UNDERSIGNED. Chief Clerk of the Superior Court of Pennsylvanin, the
said Court being n Court of Record, docs hereby certify tlllltnnnexed to the originnl
hereof is ntrue nnd correct copy of thc wholc nnd entire record ns rCl11nnded frol11 snid
Court, in the following I11nller:
I'nrts: I PART
Cuptlon & I>oeket Numbers:
JOSEPH F SCHNEIDER
V
SANDRA N SCHNEIDER
NO. 937 HARRISBURG, 1997
(CUMBERLAND CO. NO. 95-797)
In cOl11plinnec with I'ennsylvanin Rules of Appellnte Procedure 2571.
Q5C 1 tl 199~ Gel 1 5 1998
The dnte on which thc record hns bccn remandcd is I... V 10' Q
An ndditionnl copy of this certificnte is enclosed with the original hcrcof,nnd thc
Clcrk of Prothonotnry of the lowcr court or thc hcnd, chninnan, dcputy or sccretary of the
govcrnment unit is hereby directed to acknowledge receipt of the rel11nnded rccord by
exccuting such copy lItthc plnec indicatcd nnd by forthwith returning the slime.
y~a,W~
Chief Clerk - Harrisburg District
Supcrior COllrt of Pcnnsylvania
RECORD, ctc. RECEIVED DATE
signllture nnd title
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CI-:U'I'I ~'IC^,rE AND TRANSMI'l'1'AI, O~' IlECOllD
UNDER
PENNSYI.VANIA IlUI.E O~' APPELLATE PUOCEDUIlE 1931 (c)
To the prothonotary of the Appellate Court to which the
within matter has been appealed:
SUPERIOR COURT OF PENNSYLVANIA
TilE UNDEUSIGNED, Prothonotary of the Court of Common Pleas
of -CllMIlERLANO County, the said court being a court of record,
do hereby certify that annexed hereto is a true and correct copy
of the whole and entire record, including an opinion of the court
as required by PA R.A.P. 1925, the original papers and exhibits,
if any on file, the transcript of the proceedings, if any, and the
docket entries in the following matter:
CASE NO. 95-797 CIVIL TERM; NO.
JOSEI'll F SCIINEIDER
.IJ;!t:tf' IIBG 1996
'lYl 11M, Iyqq
VS
SANDRA N SCIINEIDER
The documents comprising the record have been numbered
from No.1 to No. 1i1 ,and attached hereto as Exhibit A is u
list of the do~uments correspondingly numbered and ident~fied with
leaso~able deflnitoness, including with re&pect to eact document,
the number of pages cOffiprising the document.
The date on which theJecord has been transmitted to the
appldlate court is j- 9.1L
(Seal of Court)
~
iJ.
An additional copy of this certificat~ is enclosed. Pl~~se
Sign and date copy, thereby acknowledging receipt of this reC"ord,
IlECOIlD IlI=:CEIVF.D:
Date:
RECORD AlEO IN SUPER:OR COURT
JAN 1 5" 1998 I ('<<d-
HARRISBURG
(signature & title)
."""
("'\,
COllllllon,wallh of Pennsylvania
Counly of Cnlllherlllnd
1 ss:
I, rll r ~ i" 11 Lnn'J ,I'rolhonolary
of Ihe Conrl of COllllllon Pleas in and for sllid
Counly. do hereby eerlify Ihal Ihe foregoing is II
fnll, true IInd eurreet copy oflhe whole record oflhe
CilSC therein stnted. wherein
In.oph ~ ~chnoidQr
Plainliff.llnd
_'>and.r-il-N-.-SG~lfle4d 0 r
In TESTIMONY WIIEItEOF. I
this NINTH
Defendlllll _, liS Ihe same relllains of record
beflne Ihe slIid Court III No. q Ii -7 q 7 of
Term, A.D. 19_.
haw hereunto sel my hllnd IInd IIf1ixed the seal of sllid Courl
day of A. D.. 19-2!!..
Itnllhlllllllary
I, COQr'J'" ~ IIn 1'1'",. President Jndge of Ihc
Judicial Dislriet, composed of the County of Cumberland, do certify Ihat Cur tis Il long
p,.n~hnnn~""l' . by whom the lIonexed record, certificate IInd
IIltestlllion were made und given. IInd who, in his own proper handwriting, Ihereunto suhscribed his nume
IInd uffixed the sell I of the COllrt of Common (')eus of said County, wlls.allhe time ofsn doing, and now is
('rothonotllry in IInd for suid Counly of Cumberl and in
Ihe Commonweulth of Pennsylvania, dulycollllllissioned and qualified toull of whose lIels assuch full faith
and credit arc IInd ought to he given liS well in Courts of judiellture liS elsewhere,lInd Ihllt Ihe sllid record,
eertificale IInd atteslution arc in due form of law and made by o'r flieer.
Commonwealth of Pennsylvania
Counly of Cumherlllnd
} 55:
I'rc\ldclIl.hull,!L'
I. rllrH" 11 Lnng . Prnthonotary l,f the Court of Common Plells in
and for the said County. do certify that Ihe lIol1omhle --"'e ) E I{ [ t
--u ~ J. \;;: U 1='.1. .
by whom the foregoing alteslatiol1 was lIlade.llod who has IhereulRo subsenbed IS name, was. at the lime
of making thercof. and st'lI is President Judge oflhe Court of COIl1n1<1nPleas, Orphan' Courlllnd Courlof
Quarter Sessions of the Peace inund for said County. duly Comlllissioned IInd qualified: 101111 whose aels
as such full faith IInd credilare and ought to be givcn. liS well in Courts of judiealure liS elsewhere.
IN TESTIMONY WIIEItEOF. I have hereunlo
set IIlV hand IInd IIf11xed Ihe ,ealof said Courl this
NiNTH day of ANUh RY . D IJ -1l1L.
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JOSEPH r. SCHNEIDER,
Plnintiff
IN THE COURT or COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACrION - LAW
NO. Q5'. 7'l7 CIVIL TERM
v,
SANDRA N, SCHNEIDER,
Dcfcndant
IN CUSTODY
OROER OF COURT
AND NOW, this jL'f h duy of J~ l:x.,'" ',( 1995, upon considcmtion of the uuuchcd
{
Petition, it is hercby dircctcd that the parties und thcir rcspcctivc counsc!upp.cur bcforc p,..vn S ,5""",/:",
'1 (l.. 1'1/<\ rc /-... I
t . Esquirc, Custody Conciliutor on p~ of i~, 199~.ut .JL.Ill., for
uPrc-Hcuriug Custody Conferencc. At such confcrcnce, an effort will be Illude to resolve the issues in
dispute; or if this cannot be accomplishcd, to dcfine und narrow the issues to be heard by the court, und
to entcr into II telllpomry order. All children uge five or older IllUY also be present at the conferencc.
Failure to appeur at thc confcrcncc may providc grounds for entry of u tClllpomry or pcrmullent order.
rOR THE COURT.
By:.-f)""L"nAljJ.tl?~/.- 1::.59_
---j-e:.J'(l fl /
Custody Conciliutor
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORO ONE. GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
orFlCE or THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17103
(717) 240-6200
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACfION .. LAW
NO. CIVIL TERM
JOSEPH F. SCHNEIDER,
Plaintiff
SANDRA N. SCHNEIDER,
Defendant
IN CUSTODY
PETITION FOR CUSTODY
COMES NOW. Plaintiff, Joseph F. Schneider, by and through his atlomey, James J. Kayer,
Esquirc and livers liS follows:
I. Plllintiff is Joseph 1', Schncider, IIn IIdult indivldulll, rcsiding at 1391 Gmndvicw Court,
Carlislc, Cumberlllnd Coanty, Pcnnsylvllnia 17013,
2. Defendant is Sandra N, Schneider, an adnlt individual, residing at Routc 2, Box 51, Zolfo
Springs. Florida 33890.
3. Plaintiff seeks custody of thc following children:
Name
Present Residence
Agc
Noel N. Schneider, Route 2, Box 51, Zolfo Springs, FL, bom May 3, 1991.
Joseph F. Schneider, Jr., Route 2, Box 51, Zolfo Springs, FL, bom January 26, 1993,
Dominiquc NlIomi Rose Schneider, Route 2, Box 51, Zolfo Springs. FL, bom March 25, 1994.
Thc children were not bom out of wedlock.
The child is prcsently In thc custody of mothcr, Sandm N. Schneider, who mailing address is
Ronte 2, Box 51, Zolfo Springs, Florida. Duriug the past fivc years, the child has resided with the
following person(s) at the bclow uddress(es):
October 22, 1994 to Prescnt - Mother, Sandra N. Schneidcr. nmtenml grandmother, Sandm 1. Wilcox
and nmtenml step-father, William D. Wilcox at Route 2. Box 51, Zolfo Sprit)gsl. FL, 33890.
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October, 1993 to October 22. 1994 - Futhcr, Joseph F. Schncidcr und Mothcr, Sundm N, Schneider ut
1391 Gnmdview Court, Curlisle, PA 17013.
October, 1992 to October, 1993 - Futhcr, Joseph F. Schncider und Mother, Sundm N. Schneider ut No.
6,Orchurd View Purk, Pinc School Roud, Gurdners, PA 17324,
June, 1992 10 October, 1992 - Futher, Joseph F, Schneldcr, Mothcr, Sundra N, Schneider, IInd putenml
gnmdmother, Murle Moralcs ut 4045Cnrlisle Roud, Gurdners, PA 17324.
June, 1991 to June, 1992 - Futher, Joseph F, Schneider ullll Mother, Sundm N. Schncider lit Route 2, Box
914, Arcudiu, FL.
4, TIle mother of the children is Sundm N. Schneider, currently residing lit Route 2, Box 51,
Zalfo Springs, F10ridu 33890. She is singlc.
5. TIle fmhcr of the childrcn is Joseph F. Schneider, currently residing ut 1391 Gmndview Court,
Olrlisle, Pcnnsylvuniu 17013, He is singlc,
6. TIle relutionship of Pluintiff to the children is that of futher. The Pluintiff currently resides
with the following person(s):
Nmne Relutionship
None
7. TIle relationship of thc defendunt to the childrcn is thut of mother. TIle Defendunt currently
resides with children und the following person(s):
Nume RelUllonship
SUllllm J. Wilcox
WiIliullI D. Wilcox
Mutenml grandmother
Mutcnml grandmother's husbund
8. Pluintiff hus not purticiputed us u purty or witness, or inuuolher cupucity, in other Iitigution
conccming the custody of the child in this or unother court, Pluintiff hus no infonnution of u cnstody
3
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proceeding conceming the child pending in a coart of this Conunonwealth. Plaintiff docs not know of
a person not a party to the proceedings who has physical custody of the child ur claims to have custody
or visitation rights with respect to the child.
9. TIle best interest and pennanent welfare of the cluld will be served by grunting the relief
requested because the Plaiutiff, Joseph r, Schueider, cau provide a more stable and nurturiug aunosphere.
Grnnting Plaintiff custody will be in the best lmerest and pennaueut welfare of the child.
10, Each parent whose parental rights to the child has not beeu tenninated and the person who
has physical custody of the child have beeu named as parties to this action. All other persous, names
below, who are known to have or claim a right to custody or visitation of the child will be given notice
of the peudency of this actiou and the right to interveue:
Name Address Basis of Claim
None
WHEREFORE, Plaintiff requests the court to gnlllt custody of the child to Plaintiff.
,-......\
VERIFICATION OF PLEADINGS
The foregoing Pelition is based upon infonnation which has been gulhered by illY
counsel and Illyself in lhe pre(lanltion or this aclion. The langnuge of the Pelition lI1uy in part
be the language of my counselund nol my own. I huve read the stlltell1ents mude in lhis
Pelition und to lhe exlent thai it is based upon inforll1ation which I have given 10 my counsel,
it is true and correcl to the best of my knowledge, information und belief. To the exlenl that
the contents of the stalements llre tlmt of counsel, I huve relied upon counsel in making this
Verification. I nnderslllnd that false slutell1ents herein Illade are subject to the penahies of 18
Pa.C.S.A. Seclion 4904, relaling to unsworn falsificalion to authorities,
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JOSEPH F. SCHNEIDER,
Plaintiff
IN TilE COURT or WIMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-797 CIVIL TERM
SANDRA N. SCHNEIDER
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER or COURT
AND N<Jo/, this \t:) day of ~
consideration of the attached Custody Conciliation Report,
and directed as follows:
, 1995, upon
it is ordered
1. Legal counsel for the parties shall file with the undersigned a
brief memorandum addressing the jurisdictional issue which is raised in
this case. This memorandum shall focus upon whether Cumberland County
should exercise jurisdiction and whether it is the more convenient forum
for litigation of this case. The memoranda shall be filed with the Court
within fifteen (15) days of receipt by counsel of this Order.
2. Upon receipt of the foregoing memoranda, the Court will proceed
with resolving the jurisdictional issue raised in this case pursuant to the
Uniform Child Custody Jurisdiction Act, 23 Pa. C.S.A, ~5341 et seq.
BY THE COUR~'e!
/ I!VI
, '
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cc: James J. Kayer, Esquire
Jeff J. McKibben, Esquire
C<:J';"'<J ~_C..l 3/11/'is'
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JOSEPH F. SCHNBIDER,
Plaintiff
IN THB COURT OF COMMON PLBAS OP
: CUMDBRLAND COUNTY, PBNNSYLVANIA
vs.
NO, 95-797
CIVIL TBRM
SANDRA N. SCHNEIDBR,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATlOO SUMMJIRY REPORT
IN ACXXlRDIINCE WITII CUMBERIJIND COlJm'Y RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the
subjects of this litigation is as follows:
NAME
BIRTHDATE
CURRENTLY, IN CUSTODY OF
Noel N. Schneider
May 3, 1991
Defendant/Mother
Dominique Naomi Rose
Schneider
January 26, 1993
March 25, 1994
Defendant/Mother
Joseph F. Schneider
Defendant/Mother
2. A Conciliation Conference was held on March
following individuals in attendance: The Father, Joseph
his attorney, James J. Kayer, Esquire.
9, 1995, with the
P. schneider, with
The Mother, Sandra N. Schneider, with her attorney, Jeff J.
McKibben, Esquire, participated throughout the conference by telephone
(speaker) .
3. This case involves a jurisdictional issue. The parties agreed at
the conciliation Conference to stipulate to various facts which will be
recited below and to then submit those facts to the Cumberland County Court
for this Court's disposition of the issue of whether Cumberland County has
jurisdiction over this case and, if so, whether Cumberland County should
exercise that jurisdiction. The facts that the parties are able to agree
on are as follows:
(A) The parents, Joseph F. Schneider and Sandra N. Schneider
were married on September I, 1990 in Zolfo springs, Florida.
(B) The parties' first child, Noel N. Schneicler was born in
Acadia, Plorida. Joseph and Dominique Schneider were born
in Hershey, Pennsylvania.
(C) Prior to marriage, the Mother lived in Zolfo Springs,
Florida and the Father resided in Acadia, Florida. The
parties separated in October 1994 and the Mother will be
initiating divorce proceedings in Plorida in the near
future.
. '"......,
,,-,
(D) No prior orders have been entered with respect to the
~1rtie3 or the Children in any jurisdiction.
(E) The I.'ather continues to reside and work (Ilot-N-Now) in
Cumberland County. The Father lives alone.
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(1.') The Mother is employed at a restaurant in Wauchula, I.'l0rida.
The Mother currently resides with the Children and Sandra
and William Wilcox, the Children's maternal grandmother and
her husband.
(a) The Children do not attend preschool or daycare in l'1orida.
The maternal grandmother cares for the Children wh Ue the
Mother is at work. Prior to October 1994, a Headstart
teacher came to the parties I home in Pennsylvania to work
with their oldest Child.
(H) The Children I s paternal grandparents and other relatives on
the I.'ather I s side reside in Pennsylvania. The maternal
grandparents and other relatives reside in I.'lorida.
(I) Since the Mother took the Children to Florida in October
1994, the Children have not returned to Pennsylvania.
(J) The I.'ather instituted this Petition for Custody on February
14, 1995.
4. The parties participating in the. Conference and their respective
attorneys agree to the above facts.
5. I.'or purposes of resolving the jurisdictional issue, the
Conciliator recommends an Order in the form as attached.
6. In the event Cumberland County accepts jurisdiction, the
Conciliator recommends that the case be referred back to the Conciliator
for a possible telephone conference call conciliation with legal counsel
for the parties at which time the issues on the merits could be framed for
purposes of schedUling this case for a hearing.
lYIa'lri. /L<. /9'is- ({),<<,,,-Ldao,,dC'L.4.'
Date Dawn S, Sunday, d
Custody Conciliator
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JOSEPH F, SCHNEIDER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
..'
V.
....
95-0797 CIVIL TERM
SANDRA N, SCHNEIDER,
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, this 10th day of April, 1995, IT IS ORDERED:
(1) The order of March 16, 1995, requiring the filing of briefs, IS VACATED.
(2) Defendant reserves the right to oppose jurisdiction,
(3) Should the case not be settled the parties shall provide notice to each
other and the court and shall have fifteen (15) days from that date to file a brief on the
jurisdictional Issues that have been raised.
By the coul.
(
!
,
James J. Kayer, Esquire '\.
For Plaintiff
JeffJ, McKibben, Esquire c...,..~.J ~,l 'I-{IO /r,Ii.
For Defendant .)". ~?,
Dawn Sunday, Esquire
Custody Conciliator
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Kayar and Brown
Attorneys At Law
A Professional Corporation
Llbeny Loti
4 E. Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 243.7922
FAX: (717) 243.0946
March 31, 1995
The Honomble Edgar B, Bayley
Cumberlund County Courthouse
I Courthouse Square
Carlisle, PA 17013
RE: Josenh F. Schneider v. Sandra N. Schneider - In Custody, No. 95-797 Civil Teml
Dear Judge Bayley:
This case is a custody matter initiated by my client regarding three children who lived
with the parties. The Defendant in this matter in late October moved out of the marital
residence and took the three children with her to Florida.
TIle parties have recently decided to reconcile their differences and are attempting to
re-establish their life together,
In your Order of March 16, 1995, arisiag from a Custody Conciliation which took
place before Dawn Sunday on March 9, 1995, you had directed the parties to file Briefs
regarding the issue of jurisdiction within 15 days of the receipt of your Order. Given the
parties' attempt at reconciliation in this matter, opposing counsel Jeff J, McKibben und I have
consulted with our clients and agreed to stipulate as follows:
/ 1. TImtthe parties mutually agree to continue this matter genemlly,
/ 2. TIle Defendant reserves the right to oppose jurisdiction in this matter,
J 3. Should either party wish to pursue the matter. they shall provide the Court and
opposing counsel with written notice and each side will have 15 days from the date of that
notice to submit Memomnda to the Court regarding the jurisdictional issue mised in this case.
1/
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~
Pursullnt to opposing counsel's request, Jilin providing him with II copy of this letter
IInd he has indlclIted thllt should you not hellr from him within 10 days of the dale of Ihis
letter, you IlIUY presume tlmt he ugrees 10 the stipullltions liS set fonh IIbove,
llmnk you for your IIttcntion to this muttcr,
Vcry tmly yours,
JJK/lh
cc: Jeff J. McKibbcn, Esquire
DlIwn Sunduy, Esquire
Joseph F, Schncider
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* Jo.:,\:.c::h F. ,sc..nr.e i c\ e r
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLllND COUNTY, PENNSYLVllNIA
.
.
v
* ..so~c.\ ro \'J , Sc.hr\ e ie\ e r
Defendant
:CIVIL ACTION - LIlT.,
~NO./ql CIVIL
:CUSTODY/VISI-TATION
19((-;
'.
ORDER OF COURT
AND NOr." this (date) S I ,:':OIQl, upon consideration of the
atrached complaint, it is hereby directed that the parties and
their respective counsel appear bef,ore , "'-l " ,S
the conciliator, at :"' \.-Jr,' -. r S - "'r r C" ^c P
on thei. day of ). 1\"::1. , 19c-n , at \ ~ . ()0
A. M., for a Prehearing 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. Either
party may bring the child who is the subject of this custody
action to rhe conference, but the child/children's attendance is
not mandatory. Failure to appear' ar the conference 'may provide
grounds for entry of a tempqrary or permanent order.
FOR THE COURT:
By:
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE'A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
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JOSEPH F. SCHNEIDER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W
NO. 95-797 CIVIL TERM
SANDRA N. SCHNEIDER,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this _ dny of
, 1997, upon considerution of the aunched
Petition, it is hereby directed that the panies and their respcctive counsclnppear before
, Esquire, Custody Conciliator ou
of
, 199_, at_.IlI., for
a Pre-Hearing Custody Conference. At such conference, an elTon will be llIade to resolve the issues in
dispute; or if this cannot be nccomplished, to deline and narrow the issues to be heard by the coun, nnd
to enter illlo a temporury order. All children age five or older may also be preselll at the conference,
Failure to appear at the conference may provide grounds for entry of a tcmporury or pcmmnelll ordcr.
FOR THE COURT,
By:
Custody Conciliutor
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17103
(717) 240-6200
J.j
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JOSEPH F. SCHNEIDER.
Pluintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION. LAW
NO, 95-797 CIVIL TERM
SANDRA N. SCHNEIDER,
Defendunt
IN CUSTODY
PETITION FOR CUSTODY
COMES NOW. Pluintiff. Joseph F. Schneider, by und throngh his attorney. James J. Kayer,
Esquire and uvcrs us follows:
I. Pluintiff is Joseph F. Schneider, un mlult individual, residing at 2817 NE Washington Street,
Arcadia, FL 34266.
2, Defendant is Sandm N, Schneider, an mlult individual, residing ut 2207 Steve Roberts Spcc.,
Zolfo Springs, Florida 33890.
3. Plaintiff seeks custody of the following children:
Name
Present Residence
Age
Noel N. Schneider. 2207 Steve Roberts Spec.. Zolfo Springs. FL. born May 3, 1991.
Joseph F. Schneider, Jr.. 2207 Steve Roberts Spec., Zollo Springs, FL, born Junuury 26, 1993.
Dominique Naomi Rose Schneider, 2207 Steve Roberts Spec,. Zalfo Springs. FL, born March 25, 1994.
The children were not born oat of wedlock.
The child is presently in the custody of mother. Sandra N. Schneider, who mailing address is
2207 Steve Roberts Spec., Zolfo Springs. Florida. During the past live yeurs, the children Imve resided
with the lallowing person(s) at the below address(es):
December 1996 to Present - with Mother, Sandm N, Schneider. ut 2207 Steve Roberts Spec., Zolfo
Springs, FL 33890.
/ /.,
,~
Allgllst 19lJ6 to Dcccmbcr 19lJ6 - with Mothcr IIml Fllthcr, Salldra N. Schllcldcr alld Joscph F.
Schllcidcr, lit HC 112 Box 117, Oxford, AR.
April 1995 III Allgllsl 19l)6 - with Mothcr, SlIlIdnt N. Schncidcr, al 139 I Grandvicw COIlI1, cllrlislc,
PCllllsylvlIlIllI, 17013.
OClobcr 22, 1994 III Mllrch 1995 - MOlher, Salldra N. Schllcidcr, Inlltcrnal gntmhllothcr, Sandra J.
Wilcox IIt1l1 nlUlcrnlll stcp-fllthcr, Willimn D, Wilcox III 2207 Robcl1S Spcc, Zoll'o Springs, FL, 331190.
OClobcr, 1993 to Oclobcr 22, 1994 - Fathcr, Joscph F. Schneldcr and Mothcr, SlImlra N. Schncidcr al
1391 Grandvicw COIlI1, Carlislc, PA 17013.
Octobcr, 1992 to OClobcr, 1993 - Falhcr. Joscph F. Schllcidcr IIt1ll Mothcr, Sandra N. Schneldcr HI No.
6, Orchard Vicw Park, Pinc School Road, Gardncrs, PA 17324.
JIIIIC, 1992 to OClobcr, 1992 - Fathcr, Joscph F. Schncidcr, Molhcr. Sandra N. Schncidcr, and pHlcnllll
gntmhnothcr, Mllric Moralcs at 4045 Carlislc Road, Gardncrs, PA 17324.
JIIIIC 1991 to JIIIIC 1992 - with FHlhcr, Joseph F. Schllcidcr IInd Mothcr, SlItIllm N. Schncidcr III ROlllc
2, Box 914, Arcadia, FL.
4. The mothcr of Ihc childrcn is Satlllm N. Schncidcr, cllrrclltly residing al 2207 Stcvc RobCl1s
Spcc., Zoll'o Springs, Floridll 33890. Shc is singlc,
5. TIlc fathcr of thc childrcn is Joseph F. Schncidcr, cnrrcnlly rcsiding III 2817 NE Washington
Strcct, Arcmlill, FL. Hc is singlc.
6. Thc relationship of Plaintil'!' to Ihc childrcn is thlll of Iilthcr, Thc Plaintiff cnrrclllly rcsidcs
with thc following pcrson(s):
Namc
Rclalionship
Nonc
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7. Thc rclntionshipof thc dcfcndanttothc childrcn is that of Illothcr. Thc Dcfc,ndmll cnrrcntly
rcsidcs with childrcn andthc following pcrson(s):
Nnlllc I{clationship
Snndra J. Wilcox
Willinlll D. Wilcox
Mntcnml grandnlllthcr
Matcmal grundlllothcr's hnsband
8. Plaintiff has not participatcd as n pany or witncss, or innl10thcr cnpacity, in othcr litigation
conccming thc custody of thc child iu this or anothcr court. Plaintiff has no infornllltion of n custody
procccding conccrniug thc child pcnding inn court of this Conunonwcalth. Plaintiff docs not know of
a pcrsonnot n party to thc procccdings who has physical custody of thc child or claims to hnvc custody
or visitation rights with rcspcct to thc child.
9. Thc bcst intcrcst and pcrnumcnt wclfarc of thc child will bc scrvcd by granting thc rclief
rcqucstcd bccausc thc Plaintiff, Joscph F. Schncidcr, can providc nmorc stablc nnd nnrturing ntmosphcrc.
Gnlllting Pluintiff custody will bc in thc bcst intcrcstand pcnnancnt welfarc of thc child.
10. Each parcnt whose parcntnl rights to thc child has not bccn tcnnimllcd and thc pcrson who
has physical custody of thc child havc becn nmncd ns parties to this action. All othcr pcrsons, nalllcs
below, who mc known to hnvc or claillla right to cnstody or visitation of thc child will bc givcnnoticc
of thc pcndcncy of this nction mill thc right to intcrvcnc:
Nalllc
Addrcss
Basis of Clailll
Nonc
WHEREFORE, Plaintiff rcqncsts thc court to gnmt custody of the child to Plaintiff.
/:1
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VEHlFICATlp:-l 01" PLEADINGS
I have read the statements made in this document and to the exlentthat it is based upon
infonnation which has been given 10 me it is true and correct to the best of my knowledge,
infonnation and belief. I have executed this document on behalf of my client who is curremly
unavailable to execule a verification. TIle Plaintiffs signed verification shall be submil1ed to the
court at a later date, I understand that false statements herein are made subject to the penalties
of PA. C.S, Section 4908, relating to unswom falsification to authorities.
Dated:
,12-3
, 1997
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JOSEPH r. SCHNEIDER,
Pluintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACflON - LAW
NO. 95-797 CIVIL TERM
v.
SANDRA N. SCHNEIDER.
Defeudnnt
IN CUSTODY
AFFIDA VIT OF SERVICI~ BY MAIL
PURSUANT TO I'll, R,C,P. 1920.4(n)(I)(1i)
COMMONWEALTH or PENNSYLVANIA
: SS.
COUNTY or CUMBERLAND
I, JUnles J. Kuyer, Esquire, beiug duly sworn uccording to law, deposes uud says that he
is the 1I1l0mey for plaintiff, JOSEPH r, SCHNEIDER, uud thut he did serve u lmc und correct
eopy of the Order and Pctitiou for Custody that wus filed in lhc abovc lIlaller, by U.S. Muil,
postagc prepaid, certificd with restricted delivery, relnm receipt reqnested, unto lhc Defcndant,
SANDRA N, SCHNEIDER, on M:IY 30. 1997, TIle receipt fonn is alluched hereto us Exhibit
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Nolallal Sui
Deanna R. Bankon. NoI4IY Public
Call1.lo Boro, Cumbo~and' CounlY
My Commlnlan ExpIre. Sept. 25, IO!9
mil<<, pennsy lion at Na~
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liP"'" YOW rwne and add,... on the ""'1"1'01 this bm 10 INII we tan NtLm ItlII
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t! .Wrlt,.RItum R<<:eIpI ReqlJHlld" on the malplece btIow tr".rtldl runblr.
ti -The A"\In R"*pl Yri. Ihow 10 whom 1M IltIdI WI' dll/vnd.nd IhI dAti
Ii _ad.
13. At1lcl. Addr...ed to:
Sandra N. Schneider
2207 Steve Roberts Spec
Zolfo Springs, FL 33890
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I olao wish to receive tho
following aoNtce. (lor an
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1. CI Addr.....'. Add.... ~
2. ro R..lrlcled D.llvery j
Consult poatrnoat.r lor I... I
4.. Mel. Numb.r ~
P 492 355 865 i
4b. S.rvlc. Typ.
D R.glst.red ~ Cer1lfted
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D R.tum RocoIpt Jor ....rd1and1ll CI COD
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B. Addr....... Add,... (Only /I roqussted I
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JOSEPH F. SCHNEIDER, IN THE COURT OF COMMON PLEAS OF
plaintiff CUNBERLAND COUNTY, PENNSYLVANIA
vs. NO. 95-797 CIVIL TERM
.
.
SANDRA N. SCHNEIDER, . CIVIL ACTION - LAN
.
Defendant . IN CUSTODY
.
ORDER OF CXXJRT
AND NCM, this 18~ day of
upon consideration of the attached custody
ordered and directed as follows:
1997,
it is
1. Legal counsel for each party shall file with the Court and
opposing counsel a Memorandum addressing the jurisdictional issue which is
raised in this case. These Memoranda shall focus upon whether Cwrberland
COunty should exercise jurisdiction and whether it is the more convenient
forlJll for litigation of this custody case. These Memoranda shall be filed
with the Court within fifteen (15) days of receipt by counsel of this
Order.
2. upon receipt of the foregoing Memoranda, the Court will
proceed with resolving the jurisdictional issue raised in this case
pursuant to the Uniform Child Custody Jurisdiction Act, 23 Pa. C.S.A.
Section 5341 et seq.
..
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BY THE COUR " . /.
, , '
/
cc: James J. Kayer, Esquire - Counsel for Father Q.M~"" f'.taJtJ. &/riJ/l'7.
Robert Meade, Esquire - Counsel for Mother - '\J ..d.~
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OF il-:;: prWI'()~!OTARY
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JOSEPH F. SCHNEIDER, IN 'fHE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. NO. 95-797 CIVIL TERM
SANDRA N. SCHNEIDER, . CIVIL ACTION - LAW
.
Defendant . IN CUS'l'ODY
.
PRIOR JUDGE: Edgar B. Bayley
CUS'l'OOY Cl:'NCILIATlOO smMARY REPCRT
IN ACCORDANCE WITH cnmERLAND COONl'Y RULE OF CIVIL PROCEOORE
1915.3-6, 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:
IWIE
DATE OF BIRTH
alRRENrLY IN CUS'l'OOY OF
Noel N. Schneider
Joseph F. Schneider
Dominique Naomi Rose
Schneider
May 3, 1991
January 26, 1993
March 25, 1994
Defendant/Mother
Defendant/Mother
Defendant/Mother
.2. An initial Conciliation Conference was held in this matter on
March 9, 1995 on the Father's Complaint for Custody. At that time, the
Mother lived in Florida and participated in the Conference by telephone at
her attorney's office in Florida. The Mother challenged jurisdiction,
various facts were agreed to by Stipulation during the Conference and an
Order was ultimately entered by the Court on March 16, 1995 requiring the
parties to file briefs on the jurisdictional issue. Subsequently, the
Father's cOUlisel, James J. Kayer, advised the Court that the parties had
reconciled and the Court entered a second Order on April 10, 1995 vacating
the prior Order requiring the filing of briefs, reserving the right in the
Mother to oppose jurisdiction and requiring the parties to notify each
other and submit briefs to the Court in the event the case was not settled.
The Father filed a second Petition for CUstody on June 3, 1997 and a
Conciliation Conference was held thereon on August 7, 1997 with the
following individuals in attendance: The Father, Joseph F. Schneider, with
his counsel, James J. Kayer, Esquire. The Mother, Sandra N. Schneider,
currently resides in Florida and participated in the Conference by
telephone at the office of her counsel, Robert Meade, Esquire in Wauchula,
Florida.
3. The ~Iother again has raised a challenge to jurisdiction in this
case although the stipulated facts have changed somewhat over the past two
(2) years since this matter was initially in conference. The parties
agreed at the conciliation Conference to stipulate to the facts which are
recited below and to submit those facts to the Cumberland County Court for
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the Court's disposition of the issue of whether Cumberland County has
jurisdiction ovel:' this case and, if so, whethel:' Cumbedand County should
exercise jurisdiction. The parties agree to the following facts:
A. The pal:'ents, Joseph F. Schneidel:' and Sandra N. Schneidel:' were
mal:'l:'ied on Septembel:' 1, 1990 in Zolfo Springs, Flol:'ida.
B. The padies' fil:'st Child, Noel N. Schneidel:' was born in
Acadia, Florida. Joseph and Dominique Schneidel:' were born in
Hel:'shey, Pennsylvania.
C. Prior to marriage, the Mothel:' lived in Zolfo Springs, Florida
and the Father resided in Acadia, Flodda. The parties
sepal:'ated in Octobel:' 1994 and the Mothel:' will be initiating
divol:'ce proceedings in Florida in the neal:' future.
D. This CoUl:'t has entered priol:' Orders in this mattel:' on March
16, 1995 requidng the filing of Memol:'anda on the
jUl:'isdictional issue and on April 10, 1995 vacating the pl:'iol:'
Ordel:'.
E. The Children resided in the following states dudng the time
pedods specified below:
June 1992-octobel:' 1994
Octobel:' 1994 - March 1995
April 1995 - mid-June 1996
mid-June 1996 and July 1996
August 1996 - mid-octobel:' 1996 -
mid-Qctober 1996 - Present
Pennsylvania
Flodda
Pennsylvania
Flodda
Al:'kansas
Flodda
F. The Mother and the Father l:'esided in Al:'kansas fl:'om Octobel:'
1996 through Decembcl:' 1996 when they moved to the residence
of the maternal grandmothel:' in Flodda until the pal:'ties
sepal:'ated in January 1997. The Children l:'esided with the
matel:'nal grandmother while the pal:'ents Wel:'e in Arkansas
dUl:'ing the end of Octobel:' and November 1996.
G. The Father moved to Pennsylvania from Flol:'ida in June of 1997
and cUl:'rently l:'esides in Cumbel:'land County.
H. The Father is employed at Oak Frequency Contl:'ol thl:'ough the
l1anpower Temporary Employment Service and plans to begin
pez:manent full-time employment at the same company within
thil:'ty (30) days of the date of the Confel:'ence.
I. The Father intends to remain in Pennsylvania.
J. The Mother's counsel prepal:'ed a Divorce Complaint (including
l:'equest for custody) but has not yet filed an action in the
Flodda Court.
K. The Mother is employed full-time as a clerk at the Circle K
Convenient Store near Zolfo Springs, Florida. The parties
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oldest Child, Noel, is enrolled in first grade in Florida and
the other two Children, Joseph and Dominique, ages 4 and 3
respectively, are expected to be enrolled in pre-kindergarten
classes wi thing two weeks of the date of the Conference.
L. The Children's paternal grandparents and other relatives on
the Father's side of the family reside in Pennsylvania. The
maternal grandparents and other relatives on the Mother's
side of the family reside in Florida.
4. For purposes of resolving the jurisdictional issue, the
Conciliator recommends an Order in the form as attached.
5. In the event Cumberland County accepts juriSdiction, the
Conciliator recommeds that the case be referred back to the Conciliator for
a telephone conference call Conciliation with legal counsel for the
parties, at which time the issues on the merits could be framed for
purposes of scheduling this case for Hearing.
1fu("u.oI- J;; /7' '17 IJUVJL--J-L1t.c~ c~/
Date O' Dawn S. Sunday, Esquire/
Custody Conciliator
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JOSEPH F, SCHNEIDER,
PLAINTIFF
IN THE COURT OF'COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
SANDRA N. SCHNEIDER,
DEFENDANT
95-0797 CIVIL TERM
IN RE: CUSTODY JURISDICTION
BEFORE BAYLEY. J.
ORDER OF COURT
AND NOW, this 10 day of September, 1997, this court declines
jurisdiction In the within custody case.
7/
By the Court" .
.,
James J, Kayer, Esquire
For the Father
Robert Meade, Jr., Esquire
P,O. Box 1284
Wauchula, FL 33873
For the Mother
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JOSEPH F, SCHNEIDER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
SANDRA N, SCHNEIDER,
DEFENDANT
95-0797 CIVIL TERM
IN RE: CUSTODY JURISDICTION
BEFORE BAYLEY, J.
OPINION AND ORDER OF COURT
BAYLEY, J., September 10,1997:--
Plaintiff, Joseph F. Schneider, and delendant, Sandra N. Schneider, are the
parents of Noel Schneider, age 6, born May 3, 1991, Joseph Schneider, age 4, born
January 26, 1993, and Dominique Schneider, age 3, born March 25, 1994, On June
3, 1997, the father filed a petition for custody of the three children.' The mother
challenged jurisdiction, The facts on the jurisdictional Issue as stipulated by the
parties are as follows.
A. The parents, Joseph F. Schneider and Sandra N. Schneider were
married on September 1, 1990, In Zollo Springs, Florida.
B, The parties' first child, Noel N. Schneider, was born In Acadia, Florida.
Joseph and Dominique Schneider were born In Hershey, Pennsylvania.
C, Prior to marriage, the Mother lived in Zollo Springs, Florida, and the
Father resided In Acadia, Florida. The parties separated In October
1994, and the Mother will be initiating divorce proceedings In Florida In
the near future.
D. This court has entered prior orders In this matter on March 16, 1995,
1. The petition Is flied at a prior 1995 number,
),9
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95-0797 CIVIL TERM
requiring the filing of Memoranda on the jurisdictional Issue and on April
10, 1995, vacating the prior order.2
E, The children resided In the following states during these dates:
June 1992 - October 1994
October 1994 - March 1995
April 1995 . mld.June 1996
mld.June 1996 and July 1996
August 1996 - mid-October 1996
mid-October 1996 - Present
Pennsylvania
Florida
Pennsylvania
Florida
Arkansas
Florida
F, The Mother and the Father resided In Arkansas from October 1996
through December 1996 when they moved to the residence of the
maternal grandmother In Florida until they separated In January 1997,
The children resided with the maternal grandmother while the parents
were In Arkansas during the end of October and November 1996,
G, The Father moved to Pennsylvania from Florida In June of 1997, and
currently resides In Cumberland County,
H, The Father Is employed at Oalt Frequency Control through the
Manpower Temporary Employment Service and plans to begin
permanent full-time employment at the same company,
I, The Father Intends to remain In Pennsylvania.
J, The Mother's counsel prepared a Divorce Complaint (Including request
for custody) but has not yet filed an action In a Florida court.
K. The Mother Is employed full-time as a clerk at the Circle K Convenient
Store near Zolfo Springs, Florida. The parties' oldest child, Noel, Is
enrolled In first grade In Florida, and Joseph and Dominique, ages 4 and
3 respectlvsly, are expected to be enrolled In pre-kindergarten classes.
2, The father had Instituted a custody action In this court on February 13,
1995. The mother challenged jurisdiction. No orders on the merits of the
jurisdictional Issue or the custody dispute were entered because the parents
reconciled.
-2-
30
.-...,
-r-
95.0797 CIVIL TERM
L. The children's paternal grandparents and other relatives on the Father's
side of the family reside In Pennsylvania. The maternal grandparents
and other relatives on the Mother's side of the family reside In Florida.
The Uniform Child Custody Jurisdiction Act at 23 Pa.C.S. Section 5341 ~ ~.,
sets forth various bases for jurisdlctlon.3 Section 5344 provides:
(a) General rule.--A court of this Commonwealth which Is
competent to decide child custody matters has Jurisdiction to make a
child custody determination by Initial or modification decree if:
(1) this Commonwealth:
(I) Is the home state of the child at the time of
commencement of the proceeding; or
(II) had been the home state of the child within six
months before the commencement of the proceeding and
the child Is absent from the Commonwealth because of his
removal or retention by a person claiming his custody or
for other reasons, and a parent or person acting as parent
continues to live In this Commonwealth;
(2) It Is In the best Interest of the child that a court of this
Commonwealth assume Jurisdiction because:
(I) the child and his parents, or the child and at
least one contestant, have a significant connection wIth thIs
Commonwealth; and
(II) there Is available In this Commonwealth
substantial evidence concerning the present and future
care, protection, training and personal relationships of the
child;
(3) the child Is physically present In this Commonwealth,
and:
(I) the child has been abandoned; or
(II) It Is necessary In an emergency to protect the
child because he has been subjected to or threatened with
mistreatment or abuse or Is otherwise neglected or
dependent;
4(1) It appears that no other state would have jurisdiction
under prerequisites substantially in accordance with
paragraph (1), (2) or (3), or another state has declined to
3. In Florida, the UCCJA Is at West's F.S.A. !i!i 61.1302 to 61,1348,
-3-
31
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95-0797 CIVIL TERM
exercise jurisdiction on the ground that this Commonwealth
Is the more appropriate forum to determine the custody of
the child; and
(II) It Is in the best Interest of the child that the
court assume Jurisdiction; or
(5) the child weifare agencies of the counties wherein the
contestants for the child live, have made an Investigation of
the home of the person to whom custody Is awarded and
have found it to be satisfactory for the welfare of the child.
In Boudwln v Boudwln, 419 Pa. Super. 570 (1992), the Superior Court of
Pennsylvania stated:
It Is clear from the language of Section 5344 that UCCJA
contemplates situations of concurrent jurisdiction In more than one state.
For example, a child may have a 'significant connection' to a state other
than his 'home state' where. . . the parents live In different states, there
has been a shared custody arrangement, the child visits his
grandparents, attends schools, and is treated by doctors in two different
states, The bases for Jurisdiction outlined In the statute are
alternatives, and the fact that one state Is the child's 'home state'
does not automatically confer Jurisdiction upon that state. See e,g"
Merman v. Merman, 412 Pa.Super, 247, 603 A.2d 201 (1992); Tettls v,
Boyum, 317 Pa.Super. 8, 463 A.2d 1056 (1983); Hattoum v. Hattoum,
295 Pa.Super. 169, 441 A.2d 403 (1982). We have held, however, that
where concurrent Jurisdiction exists, the home state Is the preferable
forum for disposition of the child custody Issue. Warman v.
Warman, 294 Pa.Super. 285, 439 A.2d 1203 (1982); JoseJlt, supra. As
a practical matter, and absent any extenuating circumstances, the child's
home state usually Is the one with which he or she has the most
'significant connection.' Cf. Tettls, supra (where children had lived for
over two years with father in Texas, but father was moving to California,
children's 'substantial contacts' with mother's home In Pennsylvania
were more compelling for jurisdiction decision than home state Inquiry),
(Emphasis added.)
Section 5343 of the UCCJA defines "home state" as:
The state In which the child immediately preceding the time Involved
lived with his parents, a parent or a person acting as parent, or In an
Institution, for at least six consecutive months, and, In the case of a child
-4.
,32
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95-0797 CIVIL TERM
less than six months old, the state In which the child lived from birth with
any of the persons mentioned. Periods of temporary absence of any of
the named persons are counted as part of the six month or other period.
Initially, the father maintains that we should accept jurisdiction based upon his
first complaint for custody that was filed in this court on February 13, 1995. That
position Is without merit because the complaint was never litigated to a court decision
as the parties subsequently reconciled and moved out of the Commonwealth.
Boudwln v. Boudwln, supra.
Even though the children have not lived in Pennsylvania since mld.June 1996,
the father maintains that Pennsylvania Is still their home state pursuant to Section
5343 of the UCCJA because It Is the last state they resided In for a continuous period
of six months before the date he filed this custody complaint on June 3, 1997. That
argument Is based on the fact that he and the mother had not ieft Arkansas for the
state of Florida until the end of December, 1996 when they moved Into the residence
of the maternal grandmother In Florida. The fact remains, however, that the children
have continuously resided In the home of their maternal grandparents in the state of
Florida since mid-October 1996 which is In excess of six continuous months prior to
the father filing the custody complaint in this case on June 3, 1997. Therefore, the
home state of the children Is Florida.
.5-
The father maintains that this court should still accept jurisdiction because It Is
In the best Interest of the children, the children and the parents have a significant
connection with this Commonwealth, and there Is available In this Commonwealth
33
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95-0797 CIVIL TERM
substantial evidence concerning the present or future care, protection, training and
personal relationships of the children, 23 Pa.C.S. Section 5344(2). See, Moffitt v.
Moffitt, 356 Pa. Super, 142 (1986). The parents lived with their children In
Pennsylvania from June, 1992 until October, 1994. After residing In Florida from
October, 1994 until March, 1995, the children again lived with their parents In
Pennsylvania from April, 1995 until mld.June, 1996, Thereafter, the children have
lived In Florida except for the period of time they lived In Arkansas from August, 1996
until mid-October, 1996, The relatives of the mother all live In Florida, and the
relatives of the father allllvs In Pennsylvania. The children have just as many
contacts In Florida as In Pennsylvania. Significantly, however, Noel, age 6, has
started school In Florida, and all of the children have lived for extended periods of
time In the home of their maternal grandparents, this last period now being for almost
a year, It Is the father-who moved with the mother out of Pennsylvania where she
and the children have not lived for over a year. On these facts, we believe that the
home state Is the most convenient and preferable forum for this dispute for child
custody. It would be Inconvenient for the mother to have to produce In a
Pennsylvania court the evidence as to the most recent significant aspects of the lives
of the children. Section 5348(a) of the UCCJA provides:
A court which has jurisdiction under this subchapter to make an Initial or
modification decree may decline to exercise Its jurisdiction any time
before making a decree If It finds that It Is an Inconvenient forum to
make a custody determination under the circumstances of the case In
that a court of another state is a more appropriate forum.
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95-0797 CIVIL TERM
The father can Inltlats a proceeding In the state of Florida If the mother has not.
Accordingly, the following order Is entered.
ORDER OF COURT
AND NOW, this lO day of September, 1997, this court declines
Jurisdiction In the within custody case.
James J, Kayer, Esquire
For the Father
./
Robert Meade, Jr., Esquire
P,O. Box 1284
Wauchula, FL 33873
For the Mother
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IN THE COURT or COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95.797 CIVIL TERM
JOSEPH F. SCHNEIDER,
Plaillllff
SANDRA N, SCHNEIDER,
Defendanl
IN CUSTODY
NOTICE OF APPEAL
To the Clerk of the Trial Court:
NOlice is hereby given thai Plaintiff, Joseph r. Schneider, hereby appeals to the Superior Court
of Pennsylvllnia from the Order enlered in this mutter on the 10th day of September, 1997. TIlis Order
hils been entered in the docket us evidenced by the lIttllched copy of the docket entry.
Respectfully submitted.
Jm es J. I< yer squire
Kll er IIn~ ro 1\
~ 'rty 4s t
4 '1St Liberty A venne
Carlisle, PA 17013
(717) 243-7922
Attomey 1.0, # 50838
3/"
PYS5l0
1995-0079'1
cumbe~1.and County prothonotarY's~fice page
. ~ivil Case Inguiry
SCHNEIDER JOSE..l F (VS) SCHNEIDER SANDRA f'l
1
'-'
Reference No..: Filed....,...: 2/14/1995
Case Type.....: COMPLAINT - CUSTODY Time..l.,....: 11:05
Judgment, . . . . . : ,00 Execut on Date 0/00/0000
Judge Assigned: BAYLEY EDGAR B Sat/Dis/Gntd.. 0/00/0000
Jury Trial....
Higher Court 1
Hiaher Court 2
.......................................................~........................
General Index Attorney Info
SCHNEIDER JOSEPH F PLAINTIFF KAYER JAMES J
1391 GRANDVIEW COURT
CARLISLE PA 17013
SCHNEIDER SANDRA N DEFENDANT
ROUTE 2 BOX 51
ZOLFO SPRINGS FL 33890
............*.....*........*.....****...**..******.***.*.**..**..*..*..*..**.*.*
. Date Entries *
**.*..........*....*..*..***..*..**.***.*.*.*...*..*.*........*.....*...........
COMPLAINT - CUSTODY
ORDER OF COURT BY DAWN S SUNDAY ESQ - CUSTODY CONCILIATOR
COPIES MAILED 2/17/95
CUSTODY CONCILIATION SUMMARY REPORT AND ORDER OF COURT BY JUDGE
EDGAR B BAYLEY - COPIES MAILED 3/17/95
ORDER OF COURT 9RDER OF 3/16/95 IS VACATED BY JUDGE EDGAR B BAYLEY
COPIES MAILED 4 10/95
PETITION FOR CUSTODY
ORDER OF COURT - DATED 5/30/97 - IN RE PETITION FOR CUSTODY -
PREHEARING CUSTODY CONFERENCE 7/1/97 11 AM @ 39 W MAIN ST MECH - BY
DAWN S SUNDAY ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES MAILED
6/3/97
AFFIDAVIT OF SERVICE BY MAIL
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER OF COURT -
DATED 8/18/97 - BY EDGAR B BAYLEY J - COPIES MAILED 8/18/97
OPINION AND ORDER OF COURT - DATED 9/10/97 - IN RE CUSTODY
JURISDICTION - COURT DECLINES JURISDICTION - BY EDGAR B BAYLEY J-
COPIES MAILED 9/1/97
........*.......*.*......*.....*.....*..*...*....*.***.*.....................*.*
. Escrow Information *
. Fees & Debits Bea Bal Pvmts/Ad1 End Bal *
.*...............**.**.*...*.***~.......**....*.~......*............*.....*.....
02/14/95
02/17/95
03/16/95
04/10/95
05/23/97
06/03/97
06/05/97
08/18/97
09/11/97
35.00 35.00 .00
.50 .50 .00
5.00 5.00 .00
5.00 5,00 .00
------------------------ ------------
45.50 45.50 .00
..........*.........*..*.......*....***......**......*..............*...........
. End of Case Information ·
.*......*...*.*.*.*.*...*..***.*...**..*.....**.**.**..*...*..*.......*.*.*....*
PETITION
TAX ON PETITION
SETTLEMENT
JCP FEE
3'1
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CEnTIFICATI<: OF SEUVICE
I hereby certify lhut u lme copy of the foregoiug Notice of Appeul wus served on Defendunt's
Counsel, by First cluss nmit, postllge prepaid, by forwurding u trne und correct copy unto:
The Honoruble Edllur U. Uuyley
Cumherlund County Courthouse
1 Courthouse Squnre
Curlisle, PA 17013
AND
Uobert Mende, ES1lulre
PO Uox 1284
Wuuehuln, FL 33873
AND
Court Adminlstrntor's Office
4th Floor
Cumberland County Courthouse
1 Courthouse Squnre
Cnrlisle, PA 17013
AND
Pam Sbeaffer, Court Ueporter
4th Floor
Cumherland County Courthouse
1 Courthouse Slluare
Curlisle, PA 17013
Dated: October 2. 1997
3'i1
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JOSEPH F. SCHNEIDER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACfION - LAW
NO. 95-797 CIVIL TERM
v.
SANDRA N, SCHNEIDER,
Defendant
IN CUSTODY
PLAINTIFF'S LEGAL MEMORANDUM
SECTION I. BRIEF FACTUAL HISTORY
TIle parties in this uction are married und have three (3) children, TIle parties' oldest child, Noel
N. Schneider was born Muy 3, 1991 in Acadia, Florida. TIle parties' two younger children, Joseph 11,
Schneider, Jr., born January 26, 1993 and Dominique Nuomi Rose Schneider, born March 25, 1994, were
born in Hershey, Pennsylvunia. TIle parties sepamted in January of 1997.
As specified in the conciliator's summary report. these parties have lived in a number of locations
over the course of the children's lives. . fJ'hey have had prior maritul difficulties in which significant
periods of sepamtion have occurred. Over the preceding five (5) years, the children have lived in
Arkansas for a period of upproximately four (4) mOlllhs, in Florida for a period of approximately
fourteen (14) months, including nearly six (6) months prior to the filing of the father's most recent
petition for custody, and in Pennsylvunia for a period of three (3) years and eight (8) lIIonths. The
custody conciliator attempted to summarize the periods of changes in custody and has included this
summary in Section E of her report. Although the conciliator indicates that the parties agree to the facts
as specified in her report, the tiuher continues to ussert that the children did not move from Arkllnsas
3?
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to Florida with their parcnls until Dcccmbcr, 1996,
Futhcr is cmploycd on a fulltimc basis in I>cuusylvunia, MOlhcr is ulso cmploycd on u full lime
busis in Floridu. Each purcullivcs with his or hcr rcspcctivc purcnts. Additionully, both thc futhcr und
mothcr havc anumbcr of olhcr family Illcmbcrs who Iivc in Pcnnsylvunluand Floridu rcspcctively. The
eldcst child, Nocl, is cnrollcd to comlllcncc first gmdc in Floridu und the yonngcr childrcn urc of
prcschool ugc and will bc ullcnding prcschool progmms. Nocl's prior ycar of school wus dividcd
bctwccn Arkunsas and Florida. TIIC childrcn urc currcntly in Floridu with thcir mothcr.
II is thc father's posilionthat jurisdiclion is uppropriute in Pennsylvuniu under the Uniform Child
Custody Jurisdictiou Act. I-!.~~u~;~~~,is .~~!"!!pOIUi!.~JaSLl,I!t!Ulli .9.~,!I~.e,~9J~,pLU~e....~!~~...2:2Iis
pe.W.i?!l.~;..:~:~.?~!y,in .I?~S.:..!!!~ children ~~:~~v.~;1.J!!!.~!II!~y'lv\ll,j\tfQr.ll..J;Ql\liIJ.\lJllI.li.l?~lm!.E.f .....
six (6) months dumlion. Additionully, with rcgard 10 the tiling of his second custody pctition in June
.,..-,,~._~,.......
of 1997, he uguin usscrts that the children hud not Iivcd in Florida for a period of six (6) months und
thut prior to thcir relocation to Floridu, thcy hud lived in ArkllllSlls for a period of less thun six (6)
months. The lust locution where the children hud spentu significunt period of time in excess of six (6)
mouths, was the Commonwealth of Pennsylvuniu, specificully, Cumberlund County, from April, 1995
until June of 1996.
SECTION II. PROCEDURAL HISTORY - URIEF FACTUAL HISTORY
Father initiully filed u pelltion for custody with thc Cumberlund County Court of COllllllon Pleas
on Feblllury 13, 1995, As u rcsult of that pctition, u custody conciliution conferencc wus schcduled
bcfore Duwn Sunday. 11U11 confcrence occnrrcd on Murch 9, 1995. As thc purtics could not rcuch un
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receipt of the order.
SECTION III. ARGUMENT
A, PENNSYLVANIA IS THE CHILDREN'S HOME STATE
In cuses snch us this one where more thun one stule muy very well huvc Ihe ubility to ucccpt
jurisdiction inu custody cuse, the Unifonll Child Custody Jurisdiction Act (hereinufler referred to us the
"UCCJA"), is to be upplied by the court. Thut uct, locuted ut 23 Pu. C.S, Section 5341 ct. seq.,
estublishes Ihe fuctors to be considered by I'ennsylvuniu Court in the detcnllinution of whether
jurisdiction is to bc uccepted or declined by u court within the Conllllonweulth. Section 5344 of the Acl
stutcs Ihut the geneml mle us it pertuins to jurisdiction is thul u "court of this Conullouweulth which is
compelent to dccide child custody mutters, hus jurisdiclion to muke u child custody dctenllinution by
initiul or modificution decree if:
(I) this Commonwcalth: (i) is the home state of the child ut the time of
commcucement of the proceeding; or (Ii) had been the homc state of the
child within six (6) mouths befor': commencement of the procceding und
the child is ubsent from this Commonweulth bccuuse of his removul or
rctention by u person claiming his custody or for other reasons, and u
parcnt or person acting us purenl continues to live in this Commonwcullh;
(2) it is in the best intereslof the child that u court of this Conllllonwealth
ussume jurisdiction becuuse: (I) the child and his parcnts, or the child and
ul leasl one contestant, have a significulll conncction with this
Commonwealth; and (Ii) there is avuilable in this Commonwealth,
subsulllllul evidence conceming Ihe prescnt or futnre cure, protection,
Imining und personal relutionships of the child".
Section 5344ulso has provisions which would confinll custody jurisdiction in this Connllonwealth
if a child has been abundoned or abused, however, these issues lITe not preselll in thc instant case.
4
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It is thc father's contcntionthat whilc it is difficult to dctcnninc a homc statc for thc childrcu duc
to thc frcqucut rclocations tllllt this family has had over thc coursc of thc childrcn's ilves, that a strict
iutcrprctation of Scction 5344 (a)( I )(ii) confinns that Pcnnsylvania is thc homc stutc or thcsc childrcn.
In dcfining thc homc statc, thc court is to cxaminc whcn thc initial procccding commcnccd with rcgard
to custody and to cxaminc thc living arrangcmcllls or thc childrcn at thc timc or filing or thc original
procccding in thc pcriod of timc six (6) months dircctly prcccding that filing. In dcciding what
constitutcs thc first "custody procccding".thc Superior Court in Boudwin v. Roudwin, 615 A.2d 786,
419 Pa. Supcr. 570 (1992), notcd that thc UCCJA dcfincd custody proceeding broadly, to includc
"procccdings in which a custody detcnllination is onc of scvcml issucs such as an action in divorcc or
separution", Boudwin, 612 A.2d at 789. In that casc, the father's divorce petition includcd a count for
child '.:ustody, and this divorcc pctition was tilcd prior to the mother's subsequcnt filing of a custody
pctition in Virginia. The Supcrior Court in Boudwin, notcd that no activc or Iivc custody procccding
occurrcd in Pcnnsylvania prior to thc mothcr filing hcr action in Virginia and declincd jurisdiction un
tlmt basis.
lu thc casc at bar, it is father's position thm whcthcr thc court look to the timing of his first
pctition tiled in 1995 or his sccond pctition filcd in June of 1997, that Pcnnsylvania should bc dccmcd
thc homc statc, At no time up to and including thc filing of these jurisdictional briefs, has thc mother
cvcr comlllcnccd any action for custody, whcthcr within thc Pcnnsylvania Courts or outsidc of thcm.
Furthcnnorc, at thc timc thm father filcd his custody pctition in 1995, the childrcn had livcd in
Pcnnsylvuniu for a pcriod of two (2) ycars und fonr (4) months prior to thcir rclocation in Florida which
hud occurrcd for upproxinmtc\y thrcc (3) months prior to his filing his 1995 pctition. Similarly, in
cxamining thc pcriod of timc immcdiatcly prior to fmher's Junc 3, 1997 filing of his sccond pctitlon, onc
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notes Ihut the children hud lived In Floridu since late Decelllber, 19%. They hadnol been in Floridu
for u period of six (6) months upon the dute of his ming of tlmt petition, Prior to their reloculion in
Floridu, the children had lived in Arkllnsas. 'J1le parties both ugree that Arkllnsus c1eurly docs not huve
jurisdicliou in this case us Ihe children's resideuce iUlhat stute lusted for u period significantly less than
the required six (6) monlhs. Prior to their relocntionto Arkunslls, the children hlld lived continnously
with mother and futher in Pennsylvania from April, 1995 (due to Ihe parties' reconciliation which
occnrred innnediutc1y nfter tillher med his iuitiul custody petition) until Angust, 1996,
Section 5344 (b) of the UCCJA confinns thut physlcnl presence of the children nnd one of the
contestullls is neither sufficient nor required in order for the Conllnonwealth to relnin jurisdiction. TIle
fuct thut the futher is living in Pennsylvuniu. und continnes to intend to reside in Pennsylvaniu upon his
resnlllption of custody of the children. is sufficient for the pnrposes of delennining whether Pennsylvuniu
is indeed Ihe home state of the children.
B. CHILDREN AND FATHER HAVE "SIGNIFICANT CONTACTS" WITH PENNSYLV ANIA
Altenmtivc1y, even if Pennsylvania is detennined to not be the home stale of the children, the
UCCJA provides that u conrt of this Conunonwealth hus jurisdiction 10 muke a child cuslody
delenninutiou if "it is iu the best interest of the child tlmt u court of this Connnonweallh ussullle
jurisdiction because: (I) the child and his purents, or the child nnd at lellst one conlestulll, hnve u
signilicant connection with this Connnonwealth; nnd (Ii) there is uVlliluble in this Comlllonweullh,
snbstullllul evidence concenting the present or fnture Cllre, protection, tmining und personal rclntionships
of the child". 23 Pu. C.S. Section 5344 (2).
(}
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The Superior Coun in u case that has rnany parullels to the instulll cuse, hus confirmed thut
Pennsylvunia Courts cuu exercise jurisdictiou under the UCCJA based upon "significunt conUlcts" rather
'W_~',""".~......__.......
than defining u child's home sUite. That case, Moflill v. Moflill, 514 A.2d 184, 356 Pa. Super. 142
-..-.................,.....-....."
(1986), involves a divorce uud custody cuse iu which the Coun of Common Pleus, at the time the
divorce actiou began, ordered that the mother would have custody of the parties' children. Over the
course of the divorce, the father relocated to Floridu with his son, at the consent of the mother. 'nle triul
conn noted that Florida, not Pennsylvania, wus the son's home state und this finding precluded the
usslllnption of jurisdictiou on uny other ground. TIle Superior Counnoted thut the UCCJA contemplutes
"significant contacts" jurisdiction even when the "home stute" is not the fonun state. Moflill, 514 A,2d
lit 186. The Superior Coun further determined that due to the fuct thut the child's mother und sister lived
in Pennsylvuniuund that the child himself hud spent the first severul yeurs of this life in Pennsylvuniu,
thut the child hud significant connection with Pennsylvaniu. Other factors thut the conn cited were thut
evidence r~gurding the "future cure, protection und rclutionships of the duughter, who hud remuined in
Pennsylvaniu, would be relevunt in detennining the custody of the son". Moflill, 514 A.2d ut 187. The
Coun also indicated that the exercise of "significunt contacts" jurisdiction substuntiully fun hers the
policies underlying the UCCJA, those policies being the standardization of a system designed to ensure
that custody disputes be heard iu the state whef/~ the child und his family huve the closest connection,
to discouruge ubductions by purents without legul custody of their children. und to promote cooperution
between states issuing custody uwards. See also Hulloum v. HUlloUlII, 441 A.2d 403, 295 Pa. Snper. 169
(1982).
A case in which the Superior Coun declined jurisdiction on the basis of "significant contacts"
is Bluck v, Bluck, 657 A.2d 964, 441 I'a. Super. 358 (1995). In thut cuse, the coun ruled thut even
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though the tilther IUlll resided In I'enusylvanln for two (2) yeurs uml his extended fmnlly resided within
the Conuuonweulth, it was inappropriute tll detennine that the child had slgnlficunt contucts with
I'ennsylvuniu as the child hud never resided within the Commonweulth, und in fuct, u foreign couutry
was to be deemed the child's home stute. 11ms, even though a contestunt had significant contacts with
the fonun state, the child did uot have such contacts and therefore it wus appropriute to decline
jurisdiction.
Contmry to the fucts in Bluck, the parties in the case ut bar ugree tlmt the children have spent
the majority of their lives within the Couunonweulth of I'ennsylvunia. Two of the three chlldreu. in fuct,
were bom iu Pennsylvaniu. Two of the children huve not uttended school iu any location und the eldest
child has only ullended Kindergarten, und whut meager school records exist of the Kindergarten
experience are split between two schools, one locuted in Arkansus und the other in Floridu. The
children's most significantmedicul records are locuted in pennsylvunia. TIle futher has particular lIledicul
concems with regard to his son, Joseph, Jr" as it uppears thut in addition to uppurentleuming difficulties
tllUtthe child has demonstmted. he lIluy ulso be suf(~ring symptoms consistent with II condition known
us Dennatomyositis. 11lis is u disorder which can be inherited geneticully and it is u disorder tllUt the
father suffered from us a child. The proper diugnosis and treatment of this disorder is u source of
contention between the parties und the father believes tlmt medical personnelthuttreated him in Hershey,
Pennsylvunia should be consulted with regard to the child's symptoms und condition. while the mother
has, to date, fulled to huve the child checked for this condition.
Additionully, the futher, his purents, his siblings, present neighbors und friends, und his former
co-workers ull have observed both parents' ubilities to properly cure for, protect. tmin und nurture the
children mul can testify about their knowledge regarding these factors und the personal relationships
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hetween the parents nnd the chlldrenns wellns Ihelr own personnl relntionships betweenthelllselves nnd
the children ns well. '111e tillher recognizes thnt sh1lilnr snch conlncts exist in Floridn involving the
"...-..-.---.....-- ---.....-..
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mother's tinnily, however, ns the 1!!S!t!\.CLhus,JlOI-lIvllilcd.herselLoLwlyJegal.uctionJnvo!ving cnslody
-~.~---,.....'"'...,. ........-...-.......' '-">-"'~ ..~~- - -~.
of Ihe children, the mere fuct that the children.lmve significllnt CO?IIlCIN';.vilh IInother'stllteishL~uffil:ie!1l
I 1 '
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to decline jnrisdiclion in Pennsy,l.vallia" C .
-....--..-.."",.--"...
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Finally, it is the fnther's positlonlhat the patenlUl grandparents arc hetter snited to testify abonl
Issnes involving cnstody of the childrenns they hnd beennfforded gunrdinnship powers over the children.
Attnched to this memorandnm nre copies of two powen; of nttomey dnted October 28. 1993, in which
the mother had provided Marie T. Morales and Sixto Morales, the patemal grandparents, with sufficient
anthority to obtain Ilnd aUlhorize medical treatment of the children while the 1Il0ther was absent. Also
atluched to this melllorandum Is a gnml of guardiunship from the mol her to the patenllll gnlndparents
dated April 17. 1996, in which the mother appointed the palenml gnmdparents as the true and lawful
gnardian of the minor children. Therefore, based uponlhe patenml gnmdparent's significant involvement
in the lives of these three children, it is clear thallhe children have sufficienl "significant contacls" with
Pennsylvania to merit the Connnonwealth retaining jurisdiclion of Ihis case.
C. PENNSYLVANIA IS NOT AN INCONVENIENT FORUM
Section 5348 of the UCCJA anthorizes a trial conrt to make a deten1lination whether accepting
jurisdiclion would create a "inconvenient fonn1l" amI whelher il is in the Interest of Ihe child tlllllanother
stule ussume jurisdiclion. The lilctors to be considered as specified in Section 5348 (c) arc whelher
another stUle is or recelllly was the home shlle of the child, if another sUite has a closer connection with
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the child IInd his fllmlly or with the child nnd one or more of the contestnnts, if snbstantial evidence
concerning the present or future Cllre, protection, truining lIud personal rellltionships of the child Is more
,,-.. I
rellllily IIvailable iu another state, if the panies have IIgreed 011 another forum which is no less
.,,",0"""_"'-"<
_-___._.__~.,__.~..,',.'O'--._ _.~.' ..'-
IIppropriate,lInd whether the exercise of jurisdictiou by u coun of this Connuonwealth wonld contmvene
any of the purposes stilted In Section 5342 (relutiug to the purposes aud constlllction of thc UCCJA).
Obviously. it is difficult for the coun to make this detenninntiou without a record beiug
developed, However, It is the father's position that the Commonwealth of Pennsylvania is no more un
inconvenient forum for the mother than the stute of Florida would be un inconvenient forum for the
father, It is conceded thut each purent lives in their respective stllte and intends to continue to reside
in tlmt state. lt is also conceded that each parent in addition to their respective parents hllve other
extended family members within that state. It is funher conceded that the children have resided in both
states for a substantiul period of time, They have resided in Floridu on two or three sepumte occasions
depending upon whether u period of time tlmt lasted less than three weeks in the summer of 1996 is to
be considered. The totulamount of time they resided in Florida prior to the filing of the fllther's first
petition wus upproxhnutely three (3) months und prior to the filing of his second petition wus
upproxinmtely founeen (14) months, five (5) of which occnrred immediutely prior to the filing of his
I
sccond petition. TIlc children have Iivcd in Pcnnsylvuniuu significuntly longcr period of time. the !irst
pcriod cOlllmcncing in June of 1992 until October of 1994, a period of two (2) ycars und four (4)
months. And u sccond pcriod of time commcncing from April of 1995 until June or July of 1996, a
spun of founccn (14) to fiftecn (15) months. Neither parent is significantly finunciully well off when
comparcd to thc other so that it wonld create a financial hllrdship for eithcr parent to travel to thc other's
stlllc for the pnrposes of cuslmly litigation.
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TIle tilther believes that three factors distingnish Florida as thc morc inconvenielll of thc two
forums. Perhaps the most signilicant is thc fact that the mother, to date, has not initiated any lcgal
action in Florida, She Ims representcd that a divorce complaint has been prcpared which includcs a
request for custody, however. such a document has never been liIed in any conrt of compctent
jurisdiction within thc sUltc of Florida. Secondly. the medical personncllocated at the Hershey Mcdical
Ccnter who arc familiar with the father's Dcnuatomyosltis condition would bc able to particlpatc much
more readily in Cumberland County. Pennsylvania. than in Florida. Finally. based upon thc close
relationship betwecn the patenml grundparcnts and the children. a relationship which at various times
involved their directly cxercising actual custody of the children. requires thc paterual gmmlparent's
participation in any custody procecding. Due to their signil1caut involvemcnt with the childrcn. their
tcstimony would bc an intcgrul part in any court's development of u record to determinc the children's
best interest. Such limy not be the case with regard to the matenml grundparents in Florida. While it
is conceded by the father that the matenlal gfllndparcnts have hud dealings with the children. it would
bc his testimony that the children have been actually much morc involvcd with the paternal gmndparents
and Imve in fact been under their direct supervision for a signilicantly longer period of time.
SECTION IV. CONCLUSION
It is the fathers position that Pennsylvania should bc deemed the home state of the childrcn based
upon a strict interprctation of the UCCJA. In examining the residcncy of the children prior to the tiling
of his 1995 and 1997 petitions. the childrcn resided in Florida but for a period of timc less than six (6)
mOlllhs. '111e state that they had resided in prior to Florida in which they remained for a period in excess
II
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of sill (6) months in cllch CllSC, WlIS PcnnsylvlInill. Ahscnl a dctcrmination of thc "homc stnlc". thc fllthcr
belicvcs tlmt sufficicat "signiliclIal colllacls" cllist within PcnnsylvlInia to justify its rctaining jurisdiclion
of Ihis CIISC. No custody uction hus bccn initiulcd by thc mothcr utllny timc. Thesc pllrtics Imvc bccn
scpllnttcd for II signiliclInt cnongh pcriod of timc liS to wammt II nccd 10 fonnally cstablish II cnstodial
rontinc for thc children. TIIC mother's lIIulcipatcd c1uims tlml Pcnnsylvania is IIn inconvcniclll forumllrc
nol pcrsuasivc liS thc only othcr forum tlmt might be wiscd with rcgllrd 10 cnslody, the stutc of Floridu,
would prcscnt at the vcry ICllst, lIn eqnivalcnt inconvenicncc and pcrhaps a fur morc sigaiticant
inconvcaicncc for thc fathcr.
Rcspcctfully submittcd,
KA YER & BROWN
By: . /-,,-;/ l;,
Jamc J. K\lyer, Es uire
I Ct'
SuVr mc /,' I.D. #50838
Li~i rty Ll?,ft
4 sl Liberty A vcauc
Curlisle, PA 17013
(717) 243-7922
Attomey for Plaintiff
Dute: Septcmber 3, 1997
12
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rowER 01-' lITl'ORNE'(
I<NCM ALL 'l11FSE HEN BY 'l1IFSE PRfSEl'ITS, that I, SANDRJ\ NICXlLE
Sa1NEIDER, do make, constitute and appoint HlIlUE 'r. HOIWES or SIX'ro HOIWES
my true and lawful attorney for rna and in my nan'C to:
Do all SUdl acts and to complete, execute and acknowledge any and
all documents, writings, assurances and instruments necessary to
obtain or authorize the mcdiC<ll trcabncnt and care of my dlild,
NOEL NICXlLE SQlNElDEH, born ~IA\' 3, 1991, age 2 years, by any
school or school district or by any hospital, clinic, doctor or
practitioner of medicine, inclUding but not limited to
authorization for emergency treatment, diagnostic examination and
surgery, and to, in all other matters, affecting the health,
safety and welfare of my said child, act as guardians of the said
minor child with power of attorney
or attorneys under rna for that purpose to !Take and substitute, and to do all
lawful acts requisite for effecting the premises; hereby ratifyin:J and
confirming all that the said attorney or substitute shall do therein by virtue
of these presents.
'!his power of attorney shall be effective from october 20, 1993
and continue notwithstanding my incompetency or death subsequent thereto.
IN liITNESS \'IHEREOF,
this~'i"" day of Oe,h)be..-
the parties hereto set their hands and seals
1993.
IiI'INESS :
:;t. et....i, .0; G.crtA-., :>'-+t.",
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SANDRA IIICXlLE SCHNEIDER l
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rowER OF l\TrORNEY
!<NON ALL 'nIFSE HEN BY 'l1illSE PRFSElrrs, that I, SANDRA NICOLE
SCHNEIDER, do make, constitute and appoint HARlE'!'. HORI\II:S or SIXTO 110RlIIES
my true aril lawful attorney for me aril in my name to:
Do all such acts and to complete, execute and ackna,./ledge any and
all dOC\ll1lCnts, writings, assurances and instnnrents necessary to
obtain or authorize the medical treatment and care of my child,
JOSEPH FRANCIS SOINEIDER, born JANUARY 26, 1993, age 8 months, by
any school or school district or by any hospital, clinic, doctor
or practitioner of rrcdicine, including but not limited to
authorization for emergency treatment, diagnostic examination and
surgery, and to, in all other matters, affecting the health,
safety and welfare of my said child, act as guardians of the said
minor child with power of attorney
or attorneys under me for that purpose to make and substitute, and to do all
lawful acts requisite for effecting the premises; hereby ratifying and
confirming all that the said attorney or substitute shall do therein by virtue
..
of these presents.
'Ibis poIver of attorney shall be effective from October 20, 1993
and continue notwithstanding my incompetency or death s';1bsequent thereto.
IN l'II'INESS ImEREOF, the parties hereto set their hands and seals
this 2.~tndaY of ()(~ lobe.... 1993,
IITTNESS:
r ~ ~ Lt)'L '>"l-""-_',q,
/Q/..:,)' ~(, .) !(c"L({ /Cf-h l~/~(SEAL)
SANDRA NICOLE SOlNEIDER
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WlMONI'1ElIllrH OF PENNSYLVANIA
SS.
CXlUm'Y OF aJMBERlAND
On this the l..<!'hday of DC+Dbe r"
, 1993, before me, the
undersigned officer, personally appeared SANDRA NIOJLE SOINEIDm, known to me
or satisfactorily proven to be tho person whose name is subscribed to the
within inst.ruIrent, and acknowledged that sho executed the same for the
purposes therein contained,
IN WITNESS ImEREPF, I hereunto set me han:i and official seal.
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lie, Nerio T. & Shto Norales, do hereby otate that I om tho paternal graadmothor
and he is the paternal step-gl"Ond (uther, of Nod f1icole, Joseph Fronds Jr.. ond
Dominiquo Uaomi Rooe Schneider,
Ovor tho years, the children hnvu lived llith IW from timo to time.
l!hon her parents moved hure from 1'lorida, Noel and they lived 111th us from
mid-June of 1992 until mid or 10te.Octo!Jel' of 1992 until they Ilero able to rent
a place of their olin. Durinl! that timo, ,Joe, my daughter Henee and I fed,
bathed, changed nnd played \/ith little Noel. 1I0el and Henee developed a very
strong and especially close loving relationship during this time IIhich continues
to this day. Hence loves tho kids 00 if thuy llOre her olin and does everything
~he can to help take care of them. 'J11i8 special lovo and affection is returned
to her by all three of the children Ilho enjoy nnd thrive on the attention ahe
givos them,
In June of 1993, Joe LInd Nikki Ilent to FloridLl Idth the kids to get the rest of
their things and visit her fClmi1y. 'I'hey hud car troublo and Joe and Nikki I a
brother Loyton returned Ilith Noel at the end of July. Noel lived lIith us for.
about a month until her mothel' decJ.ded to retul"ll from Florida llith Joey tOllards
tho end of August.
From mid-october of 1993 until aronnd 'I'hunksuiving of 1993, 11001 and Joey lived
lIith us. During this time 110 Ilere given POllor of Attorney for both children ond
lIere totally responsible fOI" their core,
January of 1991., both children stCl)'ed \/ith us during the big snollstorn as ,lie have
a backup heating system,und both kids hud bod colds.
In Narch of 1994 \/hen Hosey I/OS born, they both stayed llith us for approximately
3 lIeeks.
During the rest of the time, lie S,l\{ the child run on on average of 3-1, times a lIeek.
They often spent the weekend or several days durin!: tho lIeek Ilith us whenever it was
possible. I~e all spent the holidays togethor nt our home or at times nt my sister's
home in Nanty Glo, Po. Labor Day of 1993 we took 1I0el and Joey to my sister's for
a visit and went to the fair in Ebensburg Ilhoro 1I0el enjoyed riding the ponies and
thoy woro both delightod \/ith the many difforent kinds of animals and rides. 1/0 wont to
my sistor's again \/ith both Children for Thanksgiving of 1993 for a good old fashioned
family got together. Eostor of 1994 1/0 took the kids to my sister's so that Joe and
lIikki could hove somo time olone llith Ilosey os she roquired some additional cere and
attention at that time. The kids enjoyod hunting for Eooter oggs and treats and a good
time liaS hod by all.
Hhen Rasey was borll Oil Narch 25, 1991., I I/OS pre"ent and llatchod Ilhile sho lias born by
Cesoroon Soction and IIOS able to !!eo ond touch her before she I/OS tnkon to tho nursery.
Although we hovo not hod os much timo \/lth H01;Cy os lie hove Ilith lIoel and Joey, sho
is os specin1 in her 0\/11 I/OY os the other tllO and evel'y moment lIith hor i9 procious.
1/0 hovo loughod and giegled, colehrnted birthdays and holidoyo togethor, kisoed
scropod knees and e1bolls, driod luuro und cOIII[urLed the childrell Ilhon they didn't feel
l/e11. I~e hove ployod together, n'llIl ntode" logether olld done the million ond one
other little thillgs thot ore u purt of: the jo)' ulld lovo of huving little children in
your liveo. Dut moot wonderful of u11 that "I",dol feeling of coring ond loving one
uaother and kllolling that lIe'l1 01lmY9 bo then, [or ench other 110 matter what io what
helps to creato the "Jledal clonenu"" that I/O [ecl for OliO nnother.
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\~o hovo hod so many apecio1 h"ppy timan tOijothOI" it would fill many pocos if I woro
to list them 011.
Thero II3S tho Christmas my l!oullhter put on rod Slleot ponts end sweotshirt, mode 0
IIhite beord out of 1'01'01' ond cotton hollo ond 0 stocking cop out of onother rod
Slleotshirt, put somo of thoir llifts in 0 pillowcoso ond ployod Son to Clous for the
kids.
Or tho Eostor sho dressod up on the Enster Dunny complete \lith popel' eors, whiskers E
o cotton toil ond hid the kids eoster eBgs ond thon holpped'them find their goodies,
'111e expressions nnd exc;:itement on the kido faces at times like these ore pdceless.
'I1,e oxcitement in their eyes Ilhon they Ilet to 110 out on the boot or cotch their
first fish; the fun of llickinll thoir first tomotoe or flower ef tho yeor; the
exciting 10Ullhtor of the three of them os they ploy on the swings, go dO\lJ1 the
slide or splssh in tho pool. Seeing thorn with 0 litter of nell puppies or dis-
covoring something now liko tho fireflies thoy liko to choso. '1'hero ore tho
little red cheeks ond cold noses of tel' plnyinll in the snOl1 or even muddy foot-
prints on 0 freshly scrubbed floor Ilhen someone discovers 0 .puddle to ploy in'
ofter 0 spring sholler.
Or Noel's first Christmns at our house Ilhon she sow her first 'Scotch Pino Tree,
ond hod to pot it every fell minutes or so because she liked it ond it smelled
good (NOli we keep 0 smoll bare spot 011 ench tree, just in cose)
He hovo shored 011 of these things ond so much more. It is things like these thot
ore so very precious ond involunble Ilhich mokes life so much fuller ond hoppier.
However, nothing compores to those times when Joey, Nool or Rasey climb up on your
lop to wotch TV or hove 0 story reod and give you 0 big hug ond 0 kiss, look up into
your eyes ond soy "I Love You Grnndmo~" '
These ore just 0 few of the speciol things lie hove shored oloog Il1th the
occurronces thot ono encounteres Ilhen roising nnd lovin,g young children.
just some of the precious memories thot fill our heorts ond bring smiles
foces.
everyday
They ore
to all our
Sincerely,
'l7~ ::r :9~''lA'de......
Norie '1'. Noroles
Sworn and subwlbed 10
b~~ 'f1~hIS ~'q ~y
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Sixt:o Noroles
. --' -' tlOTARlr..L SEfo\al~ puhllc
0~W!1 M:\S\\CU=~~Od couolY 1998
\".!II, e, \ s Nov 26.
~ ,I., Cn1r.n\\~SIOfl E~P "' .
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This is to attest that we, James II. and lIelen n. Carmel,
of Nanty Glo Pa., are Joseph Schneider's Aunt and Uncle. And
Noel, Joseph Jr., and Rosie's Great Aunt and Uncle.
We tried to see the children as often as possible. We
got great pleasure playing with and loving them. They are a
great source of joy.
My sister and her famiiy bring them up with them as
often as they can. They were up with Noel and Joe Jr. Labor
Day 1993 and we all took them to the Cambria Co. fair. They
were here Thanksgiving Day 1993 when we shared a traditional
family day. Then again were here for Easter of 1994 for all
the joys of the easter bunny and the magic only children can
bring to a family. We especiallY enjoy sharing the hOlidays
with the children and seeing the joy oh those times through
the eyes of the children. Joe and Nickie have also visited us
with the kids several times;
We also go down to my sister's to see everyone as often
as we can, Which is usually several times a year.We enjoy
playing with the children, taking them shopping, out to eat,
getting them small gifts and sharing in their happiness. And
doing the small everyday loving things you do with kids.
We have shared in the feeding, dressing and getting them,
ready for their day, We have comforted their fears, dried
their tears, helped with potty training, kissed boo-boos and
laughed at sillY things with them. We have been delighted
with the love they have returned to us
In short we love Noel, Joe Jr, and Rosie with all our
hearts. And feel we would loose a very important part of our
lives without them.
The three children have a very strong emotional and
loving bond with their Grandparents, my sister Marie and her
husband sixto and especially their Aunt Renee.
Sincerely,
James H. and
Helen R. Carmel
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Mmg,!", Ann Wyao, 110(01)1 Public
JJck.on Twp,. Combrln County
My Comm/soion E,p/,oo Sopl. 10.2000
r,I'lil~", Plnn>ylvJo'J AllcelJlIoo 01110lJIII5
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I, Judth A. Thorn, hove known Nikki and Joe ever since they moved horo
from Florida in Juno of 1992 to live.
When they first moved hero they only hod little Noel, who I saw and spent
timo with quitofrequently, ao they wore living with Joo'o Mom. Nikki
0100 brought her to my place, oometimeo with Joo and sometimes without.
They eventually got their own
at Joe'o Mom's and my placo.
my dog Tasha, who Noel really
asking about her.
plnce,
\~e all
liked.
o trailer. I continued to soe them
took Noel to the pork one day with
She was always hugging Tasha and
ther
Whenever I would see Noel she would always yell my nome and come running,
While they were living at thell' trailer, baby Joe was born. I still sow
them quite frequently. The two children were oVer at Joe's Mom'o house a
let. Little Joe woo real oick one night and I wont with Nikki to Horohey
Hospital with him,
Ao you can aee so far I hove had close contact with the children ever aince
Joe and Nikki moved here to live. Little Joe even started coming to me
when I come in just os Noe~ did,
Nikki then gave birth to Rosie, the youngest child, who I also saw conatantly
at Joe's Mom's and when they came to my house, I was not around Rosie as muc
os the other two children because Nikki left to go visit her family and let
them see the children for awhile when Rosie was about 6 months old.
While the children were here, I became close to them as they did to me. I
loved them, bathed them, changed dirty diapers, fed them, played with them,
comforted them when they didn't feel good. They had become a part of my
life as I was a part of theirs.
~~~~
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NOTARIAL SEAL
DAIVII M. SHUGHART. Notary Public
Carlisle. Cumberland County
1101 Commission Expires Nov. 28, 1998
---..
Sworn and sub~Jlbod \0
bDf~:~, 1ls.2..day
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KNO~I III.L 'I'III-;SJ~ HEN 1I'l ~'lmSE I'rmSEN'I'S, t1h'l I, SIINDRII NlCOLI~ SCIINEIDER,
do make, constitutl> and appoint HIIIUI:: '1'. f,IORIIl.ES the trua and lawful guardian
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of my children tor
Do all such acto and to complete, axecute and acknowladga any lInd
all documents, writings, aosurancus ann instrumonto nccosoary to
obtain or authorize the mediclll treatment and cllre of my children,
NOEL NICOLE SCIINI-;IDER, born HII'l 3, 1991, lIga 4 yearsl JOSEI'll FRIINCIS
SCIINEIDER, born JIINUIIR'l 26, 1993, lIge 3 ycarsl and DOHINIQUE NIIOHI
ROSI-; SCIINEIDEH, born HIIHCII 26, 1994, 3C)e 2 years, by any school or
school diutrict or by any hospitlll, clinic, doctor or prllctitioner
of medicine, including but not limited to authorizution for emergency
treatment, dillgnostic examination und surgory, and to, in lIll othor
mutters, affecting the healt.h, safety und welfare of my [laid children
be the true and la'"fu1 guardian of the said minor children in all ways
to make and to do ull lal/fu1 acts requisite for effecting the premiseGI
hereby ratifying and confirming ,,11 tha t the [la id guardian sha 1.1 do therein
i;
by virtue of these presents.
~'hiB guardiansh!.p shall be affective from IIpril 15, 1996 und continue
notwithstanding my incompetency or daath subsequent thereto.
IN IUTNESS WHEREOF, the partieu horeto set thair hunds and sealG this
1"- '
17 day of ~ 1996,
IUTNESS,
yj;JAiy gAdtdJ
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On this tho 11M- day "c cyud
undorsigned officer, personally ilppeilre<l S^NlJllII NICOLE SCIINEIDEIl, known
, 1996, before mo, tho
to mo or siltisfactoril y proven to be tho person whoso nilme is subscribed
to the within instrumont, and acknowledgod that sho oxecuted the sarno for
the purposes therein contained.
.IN HITNESS \'/IIE:HE('P, I hereunto set my hand and official seal.
#~daJ 4~
PAltLlNDA DeVANE
Holary Ptill.e, Ola:' 0' FIo~
fJy Coinrn. O;qlM Join. 3, 20C\l
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