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HomeMy WebLinkAbout02-4410· \~NTSERVER~NTServerkR&A Family LawX~lie~t Directory~Steinke, l\Custody Complaint.wlxl September 9, 2002 ILDA STEINKE, Plaintiff VS. PETER E. STEINKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 'into CIVIL ACTION-LAW IN DIVORCE COMPLAINT FOR CUSTODY 1. Plaintiff is Ilda Steinke, an adult individual residing at 2290 North Delaware Drive, Easton, Pennsylvania 18040-7323. 2. Defendant is Peter R. Steinke, an adult individual residing at 100 North 23ra Street, Camp Hill, Pennsylvania 17011. Plaintiff seeks custody of the following children: Name Present Address Age Nicole Steinke 2290 North Delaware Drive Easton, PA 18040 14 Eric Steiake 2290 North Delaware Drive Easton, PA 18040 12 Markus Steinke 2290 North Delaware Drive Easton, PA 18040 4. The clfildren were not bom out of wedlock. The children are presently in the custody of Mother who resides at 2290 North Delaware Drive, Easton, Pennsylvania. · \kNT SERVERENrFS erverXR &A Family Law\Cli~mt Directorykgteinke, I\Cu stody Complaint. wpd September 9, 2002 following addresses: Name Ilda Steinke During the past five (5) years, the children have resided with the following persons at the Ilda Steinke Peter E. Steinke Address Dates 2290 North Delaware Drive Easton, PA 18043 9/1/02 - present 100 North 23~d Street Camp Hill, PA 17011 9/01/97 - 9/1/02 6. The mother of the children is currently residing at 2290 North Delaware Drive, Easton, Pennsylvania. She is married. 7. The father of the children is currently residing at 100 North 23ra Street, Camp Hill, Pennsylvania. He is married. 8. The relationstfip of Plaintiff to the children is that of Mother. Plaintiff currently resides with the following persons: Nallle Nicole Steinke Eric Steinke Markus Steinke Frank Soda with the following persons: Name Himself Relationship Mother Mother Mother Owner of house currently residing in The relationship of Defendant to the ctfi/dren is that of Father. Defendant currently resides Relationship 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her shared legal and primary physical custody of the children. By: Respect fully submit t ed, RI~GER & ADL. ER,~C ~arrison Clough, Esquire I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 · \XNTSERVER'~r ServerkR&A Family La w\Client Direct ory~Steink e, lXCu st ~dy Complaint.wpd September 11, 2002 VERIFICATION I, JOANNE H. CLOUGH, ESQUIRE, being duly sworn according to law, depose and state that I am the attorney for the Plaintiff, ILDA STEINKE, and I make this verification on her behalf and that said Plaintiff is unavailable and unable to make this verification on their own behalf within the time allotted for filing of this pleading and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. REAG~R & ADLER, P.C. By: ~O~A~ \XNTSERVER~IT S erver~R&A Family Law~Clieat Direetory~teinke, lXPlea ding sWIotmn for SUpulated Order. wpd September 10, 2002 ILDA STEINKE, Plaintiff VS. PETER E. STEINKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : CUSTODY MOTION FOR STIPULATED ORDER AND NOW comes Petitioner, Ilda Steiake, by and through her counsel, Reager & Adler, P.C., and moves this Court to issue a Stipulated Order as follows: i. The parties have entered into a Stipulation of Custody which is attached hereto as Exhibit 2. The parties agree to have the Court enter an Order adopting the attached Stipulation of Custody as a Custody Order. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order of Court adopting the terms of the Custody Stipulation. DATED: Respectfully submitted, / R~AGER & ADLER, PC / Jo~ar~i~n~lou~g l~quke I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 ILDA STEINKE, VS. PETER E. STEINKE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION-LAW : IN DIVORCE STIPULATION OF CUSTODY AND NOW this day of ., 2002, comes the parties, Ilda Steinke and her counsel, Debra Dension Cantor, Esquire and Peter E. Steinke and his counsel, Thomas Miller, and file the following Stipulation regarding custody, after due consideration of the best interest of their three (3) children: namely, Nicole Steinke, date of birth August 11, 1988, Eric Steinke, date of birth July 4, 1990, and Markus Steinke, date of birth October 11, i992 ("the Children" hereinafter); and, WHEREAS, the parties wish to enter into an agreement relative to custody and visitation of the children; and WHEREAS, both parties has been provided an opportunity to review the Agreement with the counsel of their choice prior to signing; and TItEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: The parties agree to shared legal custody of the said minor children. The parties Agree that major decisions concerning the children, including but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could r&asonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any report given to either party as a parent. 2. Physical Custody: 1. Mother shall maintain primary physical custody of the children. It is the parties agreement and understanding that Mother shall be relocating with the children to Easton, Pennsylvania beginning the school year of 2002-2003. 2. Father shall have rights of partial custody every other weekend from Friday evening until Sunday evening. In the event there is no school on Monday, Fathers custodial period will end on Monday evening. 3. It is the parties intent that Father relocate to Easton as well. Upon his relocation, the parties shall renegotiate this custodial arrangement with the goal of maximizing Father's custodial time. 3. Vacation and Holidays: The panics agree to share or alternate holidays and vacations as they may agree. 4. Children's Birthda_.y~.' The parties shall share the children's birthday's as mutually agreed upon by the parties. 5. Transportation: The parties agree that transportation to and from their residences shall be shared, the details of which can be agreed upon by the parties. 6. Alcohol and Dru_g~: During any period of custody or visitation, the parties shall not possess or use any controlled substance; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise' assure, to the extent possible, that other household members and guests comply with this prohibition. 7.. Death or Disability_: In the event of either party's death or significant and long-term disability rendering the person incapable of caring for the children, then custody shall automatically vest in the other party. 8. Address and Telephone Numbers of Parties: Both Father and Mother must keep each other informed of any changes of address or change of telephone number. A changes in address or telephone number shall be immediately forwarded to the other party. 9. Notice of Whereabouts/Illness: Each party agrees to keep the other reasonably informed about the whereabouts of the children while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of either of the children, he or shall promptly notify the other party of said circumstances. 10 Telephone Contact with Children: Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contact with the children. Each party shall make all reasonable efforts to promptly return telephone calls or messages left by the other party regarding the children. 11. Dis ara in Remarks: Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the children. Such as those that might tend to alienate the affections of the children toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the children. 12. Supercedes of Prior Orders: This Stipulation shall be entered as a court order. This Stipulation shall supersede all prior court orders, stipulations or agreements. 13. Modification: Any 6fthe provisions of this Agreement may be modified or deleted upon mutual consent/agreement of both parties or upon Petition to the Court for Modification. WHEREFORE, the parties intending to be legally bound thereby, and with the desire that this Agreement be entered as an order of court at the request of either party, hereby set their hand and seals and on the date first written above. ' "a ~itness ' Peter E. Steinke \~,rFSERVER~'fServei',R&A Family Law~Cliem Directo~kStelnke, BPleadlngsWIotica for Stlpulat~xt Ordex. wpd S eptemb~ 10, 2002 II_,DA STEINKE, Plaintiff VS. PETER E. STEINKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : CUSTODY MOTION FOR STIPULATED ORDER AND NOW comes Petitioner, Ilda Steinke, by and through her counsel, Reager & Adler, P.C., and moves this Court to issue a Stipulated Order as follows: 1. The parties have entered into a Stipulation of Custody which is attached hereto as Exhibit 2. The parties agree to have the Court enter an Order adopting the attached Stipulation of Custody as a Custody Order. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order of Court adopting the terms of the Custody Stipulation. DATED: Respectfully submitted, /~ By: ~ Jo~arlq~n Clou~ E~quire I.D.$o. 36461 / ~ 2331 Market Street \ t Camp Hill, PA 17011 (717) 763-1383 \~a~'T S ERVER~qT S e~ver~R&A Family LawK~lient Directo~Steinke, Ih~leadi~gsh'VIofion for Stipulated Order.wpd Septemb~: 10, 2002 IIJDA STEINKE, Plaintiff VS. PETER E. STEINKE, Defendant IN THE COURT OF COMMON PI.F. AS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW CUSTODY ORDER OF COURT AND NOW, this. Z < · day of ,~~ ,2002, upon consideration of the attached Motion for Stipulated Order, it is hereby ORDERED and DECREED that the Stipulation for Custody is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. BY THE COURT: Jo II.DASTI~JNKE, :IN THE COURT OF COMMON PI.EAS, Plaintiff/Rest~ndent: CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 02 ~10 Civil Term : PET~.R E. ST~.~, : CIVIL ACTION- CUSTODY Defendant/Petitioner: PETITION TO MODIFY CUSTODY ORDER AND NOW comes Peter E. Steinke, by and through his attorney, Nora F. Blair, Esquire, files this Petition to Modify Custody Order and in support thereof avers as follows: e The parties hereto entered into a Stipulation of Custody which was entered as an Order of Court on September 26, 2002. A copy of said Stipulation and Order is attached hereto, marked Exhibit "A" Ired incorporated herein by reference. At the time the parties entered into the Stipulation, Respondent had moved to ~,,aston, Pennsylvania, to live with a friend. Respondent had asked Petitioner to give her a chance with the children in Easton. At the time of signing the Stipulation, Respondent had convinced Petitioner that the move to Easton would be good for the parties' children. The move to Easton has not been good for the parties children as indicated by the following: a. The schools in Easton where the parties:' children attend are not as good as the Camp Hill School District from both an academic and a social standpoint; b. The children have indicated to Petitioner that there are frequently fights on the school bus and in the cafeteria at school; c. The neighborhood where Respondent and[ the parties' children reside does not provide for social interactions wi.th children their own ages; d. The children are not involved in activities as they were in Camp Hill; e. While the minor children lived in Camp Hill, they were regularly involved in playing football, tag, basketball and riding bikes with neighborhood children; f. The parties' sons are gaining weight because of their inactivity with more than a fifteen percent (15%) weight gain for both of the parties' minor sons in four months; g. The parties' minor children have indicated[ that there are not as many "family activities" as they were involved in when they resided in Camp Hill; and h. The children are not involved with their c~mrch as they were in Camp ~-{ill. Petitioner believes and therefore avers that J.t is in the parties' minor children's best interest for them to return to their home in Camp Hill and to return to the Camp Hill School District. ~E~ORF~ Peter E. Steinke respectfully requests that Your Honorable Court grant him primary physical custody of the pa,'des' minor children. DATED: I - Respectfully submitted, Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 \xNTSERVERh"qTSerOer~&A Family LawXL-'lient Directory~Steinke, BPleadingshMotion for Stil:ulated Order. wpd September 10, 2002 ILDA STEINKE, Plaintiff VS. PETER E. STEINKE, Defendant · IN THE COURT OF coMMON PLEAS · CUMBERLAN~ COUNTY, PENNSYLVANIA ' NO. · CIVIL ACTION-LAW ·CUSTODY ORDER OF COURT Motion for Stipulated Order, it is hereby ORDERED and DECREED that the Stipulation for Custody is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. BY THE COURT: TRUE COPY FROM p'-,-' ~ ,,. In Testimony whereof, I h::re t~.:~,~.: - ~t my hand end,he s.~a_l of said Court.at Ce, r:is/c, Pa ..... ,' ' ILDA STEINKE, VS. PETER E. STEINKE, Plaintiff De~ndant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA 'NO. · CIVIL ACTION-LAW ' IN DIVORCE STIPULATION OF CUSTODY AND NOW this day of ., 2002, comes the parties, Ilda Steinke and her counsel, Debra Dension Cantor, Esquire and Peter E. Steinke and his counsel, Thomas Miller, and file the following Stipulation regarding custody, after due consideration of the best interest of their three (3) children: namely, Nicole Steinke, date of birth August 11, 1988, Eric S teinke, date of birth July 4, 1990, and Markus Steinke, date of birth October 11, 1992 ("the Children" hereinafter); and, WHEREAS, the parties wish to enter into an agreement relative to custody and visitation of the children; and WHEREAS, both parties has been provided an opportunity to review the Agreement with the counsel of their choice prior to signing; and THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, hnd intending to be legally bound hereby, the parties agree as £ollows: 1. Legal Cu.4tody: The parties' agree to shared legal custody of the said minor children. The parties Agree that major decisions concerning the children, including but not necessmSly limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and c6nsultation ~vith each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to irnpair the other party's rights to shared legal custody of the Children Each party agrees not to attempt to alienate the affections of the children W:f'om the other party. Each party shall notify the other of any acti!vity or circumstance concerning the children that could r~asonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information frgm any doctor, dentist, teacher, professional or authority and to have copies of an3; report given to either party as a parent. 2., Physical Custody: 1. MYther shall maintain primary physical custody of the children. It is the parties agreement and underktanding that Mother shall be relocating with the children to Easton, Pennsylvania beginning the school year of 2002~2003. 2. Father shall have rights of partial custody every other weekend from Friday evening until Sunday evening. In the event there is no school on Monday, Fathers custodial period will end on Monday evening. 3. It is the parties intent that Father relocate to Easton as well. Upon his relocation, the parties shall renegoti'ate this custodial arrangement with the goal of maximizing Father's custodial time. 3. Vacation and Holiday_s: The parties agree to share or alternate holidays and wacations as they may agree. .Children's Birth days: The 1rattles shall share the' children's birthday's as mutually agreed upon by the parties. 5..Transportation: The parties agree that transportation to and from their residences shall be s.hared, the details of which can be agreed upon by the parties. 6. Alcohol and Drugs: During any period of custody or visitation, the parties shall not possess or use any controlled substance; neither shall they consume alcohohc beverages to the point of intoxication. The parties shall likewase assure, to the extent possible, that other household members and guests comply with this prohibition. · ..Death or Disabili _ty: In the event of either party's death or significant and long-term disability rendering the person incapable of caring for the children, then custody shall automatically vest in the other party. 81 Address and Telephone Numbers of Partie~-: Both Father and Mother must keep each other informed of any changes of address or change of telepho ':ne number. A changes in address or telephone number shall be immediately forwarded to the other party. 9. _Notice of Whereabouts/Illness: Each party agrees to keep the other reasonably informed about the whereabouts of the children while with the other party, if either party has knowledge of'illness or accident or other seri?us circumstance affecting the wel£are of either of'the children, he or shall promptly notify the other party of said circumsiances. 10 Telephor~'e Contact2vit_hh Children___~ Bdth parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contact with the children. Each party shall make all reasonable efforts to promptly return ,,t~tephone calls or messages let~ by the other party regarding the children. 11..Disparaging Remarks: Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of th& children. Such as those that might tend to alienate the affections of the children toward the other pare~nt. Also, each parent shall inform relatives and friends to also refrain from making any disparaging rem~ks regarding either parent in the presence of the children. 12.. Supercedes of Prior Orders- This Stipulation shall be entered as a court order. This Stipulation shall supersede all prior court orders, stipulations or agreements. ~._Modification: Any ri'the provisions of this Agreement may be modified or deleted upon mutual consent/agreement o~both parties or upon Petition to the Court for Modification. WltEREFO~, the parties intending to be legally bound lahereby, and with the desire that this Agreement be entered as an order of court at the request of either party, hereby set their hand and seals and on the date first written above. . .. ~0ritness -- ~Ilda Steinke t Peter E. Steinke U,DASTE1NKE, :IN T~m COURT OF COMMON PI,EAS, Plaintiff/Respondent: CU-MB~ COUNTY, PENNSYLVANIA : v. : NO. 02 ~10 Cix~/1 Term : PETER E. STEINKE, : CIVIL ACTION - CUSTODY Defendant/Petitioner: CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Petition to Modify Custody Order on the person in the manner stated l~mlow which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Debra Denison Cantor, Esquire RF~GER & ADLER, PC 2331 Market Street Camp Hill, PA 170114642 Date: January 30, 2003 Respectfully submitted, l~o~p F. Blair '~ ILDA STEINKE PLAINTIFF PETER E. STEINKE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4410 CIVIL ACTION LAW IN CUSTODY ..ORDER OF COURT AND NOW, Thursday, February 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ., the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, March 14, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland .ounty is required by law to comply with the C ' Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-316,6 ri,DA STEINKE, plaintiff PETER E. STE1NKE, Defendant · NO. 02 a. llO Civil Term · CIVIL AUIXON - CUSTODY · IN THE COURT OF COMMON PLEAS, · coum , PRAECIPE TO WI'rHD~W~R APPEARANCE TO ~ PROTHONOTARY: Please withdraw my appearance Defendant, in the above-captioned case. as attorney for Peter E. Steinke, EdWard J. Weint b, ~sqmre · Please enter my appearance as attorney for Peter E. Steinke, Defendant, in the above-captioned case· DATED: Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 APR 28 ZOO3 ~ ILDE STEINKE VS. PETER E. STEINKE Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4410 CWIL ACTION LAW IN CUSTODY ORDER AND NOW, this 22nd day of April ,2003, the conciliator, having received no request from counsel for either party to reschedule the Custody Conciliation conference scheduled for March 14, 2003 hereby relinquishes jurisdiction in this matter. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator