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07-0254
MARIA P. COGNETTI & ASSOCIATES JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff TODD JOHN SCHORY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CHRISTINE M. SCHORY, Defendant NO.07 - 2sy CIVIL ACTION - LAW DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 0- cL Ti?Q,, You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse,Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 .AV MARIA P. COGNETTI & ASSOCIATES JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff TODD JOHN SCHORY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. d 7 - o2 s' T a1 U CHRISTINE M. SCHORY, CIVIL ACTION -LAW Defendant : DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE Plaintiff, Joan A. Brown, by and through her attorney, Jeann6 B. Costopoulos, Esquire, avers the following: 1. Plaintiff, Todd John Schory, is an adult individual who currently resides at 5130 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Christine J. Schory, is an adult individual who currently resides at5130 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth ofPennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 4, 1993, in Dubois, Clearfield County, Pennsylvania. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 10. There are two dependent children from this marriage, namely Cody Schory, born January 3, 1994, and Kyle Schory, born January 20, 1995. 11. This action is not collusive. WHEREFORE, Plaintiff, Todd John Schory, respectfully requests this Honorable Court grant him relief from the bonds of matrimony and order a Decree in Divorce. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES By: ANNE B. COSTOPOULOS, SQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Dated: Attorney for Todd John Schory, Plaintiff Z Z?? VERIFICATION I, Todd John Schory, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: / Z4? Irzo Z Signature: ,? Todd Jo ory '64 (Ai r" am C ? MARIA P. COGNETTI & ASSOCIATES JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff TODD JOHN SCHORY, Plaintiff VS. CHRISTINE M. SCHORY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-254 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE I, Jeann6 B. Costopoulos, Esquire, verify that the Complaint in Divorce filed on January 16, 2007, was served upon the Defendant indicated above on or about January 22, 2007, by first class, Certified Mail No. 7005 0390 0005 2244 1712, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. §1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. MARIA P. COGNETTI & ASSOCIATES Dated: ZA1 By: ANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Todd John Schory, Plaintiff ¦ Complete items 1, 2, and 3. Also complete him 4 If Res ICI Dellvery is deelred. ¦ Atka your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front If space permits. 1. AAide Addressed to: 5'130 46->^k gri'v"l-L 0 Agent C?fi,A-A M, SG?"A X (. c Adar...» + 101. by( Www) C. Date of D*m-Y D. Isd*iwy address cWww t from 1? M yes If YES, enter deihrory address 0 No "Iwo w MeN O Bww Md rVI Q Ill (L S / ( p1? l 7 b rd 3 M Cart C3 RegMered 0 Rehm Paoeipt for MerdwwYs 0 Insured Mail 0 C.O.D. 4. RnblMd DeNwy1 P" Fs* J;Kft 2. ArtideNumber 7005 0390 0005 2244 1712 (ilwnw ftm serrke Aw* Ps Form 3811, February 2004 Domestic Rewm Reoelpt 102595-OZ4 155 ? ?, ? ? ?t , , -w, c, . - ?.., ? ? ..m ;: i r . ?z x t r, ?:_. ?r? ?? ?,-, .,? ? =;. -Y . ?;, ??? ,a `.' c ? . .._ _ JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff TODD JOHN SCHORY, Plaintiff vs. CHRISTINE M. SCHORY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-254 CIVIL TERM : CIVIL ACTION - AT LAW : DIVORCE/CUSTODY PLAINTIFF'S PETITION FOR RELATED CLAIMS PURSUANT TO PA.RC.P. 1920.15 COUNT I - COMPLAINT IN CUSTODY Plaintiff, Todd John Schory, by and through his attorney, Jeanne B. Costopoulos, Esquire, avers the following: 1. The Petitioner is Plaintiff above-named, Todd John Schory, hereinafter referred to as Father, currently residing at 5130 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Respondent is the Defendant above-named, Christine M. Schory, hereinafter referred to as Mother, currently residing at 5130 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. A Complaint in Divorce was filed by Husband at the above caption and number on January 16, 2007. Said Complaint was served on Mother on January 25, 2007. 4. There are two (2) dependent children from the marriage of the parties, namely Cody Schory, IL age 131/2, born January 3, 1994, and Kyle Schory, age 12'/2 born January 20, 1995. The children were not born out of wedlock. 5. The parties continue to reside with the children in the same residence located at 5130 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. However, Father has filed a Petition for Special Relief simultaneously with this Petition seeking exclusive possession of the marital residence and interim custody of the children. 6. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Mother and Father Mother Mother and Father Address 5130 Erbs Bridge Road Mechanicsburg, PA 17050 Dates April 2, 2007 to present 5130 Erbs Bridge Road January 15, 2007 to Mechanicsburg, PA 17050 April 2, 2007 5130 Erbs Bridge Road pre-January 15, 2007 Mechanicsburg, PA 17050 7. The relationship of the parties to the children are that of natural parents. Both parties currently reside with the children at 5130 Erbs Bridge Road, Mechanicsburg, Pennsylvania, 17050. 8. Neither party has 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. 9. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 10. Father does not know of a person not a parry to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 11. The best interest and permanent welfare of the children will be served by granting Father primary physical and shared legal custody of his children. 12. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Petitioner, Todd John Schory, respectfully requests this Honorable Court to grant him primary physical and shared legal custody of his children. Respectfully Submitted: By: JEANNE B. COSTOPOULOS, ES RE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Ale7 Attorney for Petitioner/Plaintiff VERIFICATION I, Todd John Schory, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: lD y d Signature: Todd John chory CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Christine M. Schory 5130 Erbs Bridge Road Mechanicsburg, PA 17050 James M. Bach, Esquire 352 Sporting Hill Road Mechanicsburg, PA 17050 By: JE NNE B. COSTOPOULOS, ESQUI Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: t U Attorney for Plaintiff -- c? ro O r U1 - ;C 01 Q d ? JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff TODD JOHN SCHORY, Plaintiff vs. CHRISTINE M. SCHORY, Defendant n N 0 -T-t r_y .. C;I ti THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE/CUSTODY PLAINTIFF'S PETITION FOR SPECIAL RELIEF FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND AN INTERIM ORDER OF CUSTODY Plaintiff, Todd John Schory, by and through his attorney, Jeannd B. Costopoulos, Esquire, avers the following: 1. The Petitioner is the Plaintiff above-named, Todd John Schory, hereinafter referred to as Husband, currently residing at 5130 Erbs Bridge Road, Mechanicsburg, Cum )(°rland County, Pennsylvania, 17050. 2. The Respondent is the Defendant above-named, Christine M.. Schory, hereinafter referred to as Wife, currently residing at 5130 Erbs Bridge Road, Mechanicsburg, Cumb,-?-larrl County, Pennsylvania, 17050. 3. The parties were married on September 4, 1993. 4. A Complaint in Divorce was filed by Husband at the above caption and n=.r-ib.°r on Januar.l 16, 2007. Said Complaint was served on Wife on January 25, 2007. 5. Husband is filing a Petition for Related Claims containing a Complaint in CuF iody simultaneously with this Petition for Special Relief The averments of said petition are hereby incorporated by reference as though fully set forth herein. 6. No judge has yet been assigned to this case. 7. There are two dependent children from the marriage of the parties, namely Cody Schorv, age 13 1/2, born January 3, 1994, and Kyle Schory, age 121/2 born January 20, 1995. 8. The parties are subject to a month-to-month lease for property located at 5130 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, hereinaf?er t eferri ? to as the marital residence. 9. For the following reasons, it is appropriate that Husband be granted exclusive poss?ssio:l of the marital residence and interim primary custody of the children: A. Wife has serious drug and alcohol problems. Wife drinks for several hours per day and smokes marijuana in the marital home. On some occasions, Wife 11as left drug paraphernalia around the house. B. Husband fears permitting the children to ride in a car with Wife because he fears she will wreck as a result of her intoxication. C. On August 8, 2007 at approximately 8:31 p.m., Husband was reading a book in bed and Wife calmly stated "I should just kill you now and be done with it." D. Wife is gone every weekend. When she returns, she is drunk and be,-,ins screaming at Husband, which upsets the children. E. When Husband inquires of Wife where she has b(-,en either for tt- N ?ek_er d or during the six to seven hours between when she t,-ft work until tl-e time she arrived home, she states that how much she is drinking, who she's drinking with, and where she goes are none of Husband's business. F. Wife's irresponsible behavior affected the children such that Husband changed his work shift to 8:00 a.m. to 5:00 p.m., so that he could be available in the morning for the children before school. G. Wife's erratic behavior, mental instability, and rug and alcohol problems are escalating and have created a toxic environment within the marital home. H. Husband believes the children will be irreparably harmed if the current situation is prolonged. 10. In light of the above, Husband further requests that Wife be required to submit to a drug and alcohol evaluation and that restrictions be placed on the parties regarding alcohol consumption. Husband also believes the parties should be ordered to immediately begin therapeutic family counseling with Reigler Shienvold and Associates in Harrisburg, Pennsylvania, the costs of which to be equally divided between the parties. 11. Although he has not formally entered his appearance, undersigned counsel previously received correspondence from James M. Bach, Esquire, indicating that he represented Wife. Undersigned counsel attempted to contact Mr. Bach this afternoon and was informed that he is unavailable due to being on vacation. Attorney Bach's staff was unable to confirm whether or not Mr. Bach will be representing Wife regarding this matter. Husband expects that Wife will oppose the requested relief. WHEREFORE, Husband respectfully requests this Honorable Court to enter an Order in substantially the following form: A. Husband shall have temporary primary physical custody of the parties' children, Cody Schory (DOB 1/3/1994) and Kyle Schory (DOB 1/20/1995). B. Both parties shall attend therapeutic family counseling with Reigler Shienvold and Associates in Harrisburg, Pennsylvania, the costs of which shall be equally divided between the parties. Each party shall contact Reigler Shienvold and Associates at 717- 540-1313 within 72 hours to schedule initial counseling sessions. C. Wife shall have liberal periods of partial custody with the children at siich times as are recommended by Reigler Shienvold and Associates and other such times as the parties mutually agree. D. Wife shall obtain a drug and alcohol evaluation within thirty (30) days frc r- tho- date of this Order, the results of which shall be provided to Husband and the roue-. E. Neither party shall consume any alcoholic beverages within four (4) hours prior to being in the presence of either of the parties' children. F. Neither party shall drive with the children in the car after having zon,ur ed 2ny amount of alcoholic beverage whatsoever. Respectfully Submitted: By: JE NE B. COSTOPOULOS, DIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: / 7 Attorney for Plaintiff/Petitioner VERIFICATION 1, Todd John Schory, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: (6- Q, Signature: Todd John S 0 ry CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Christine M. Schory 5130 Erbs Bridge Road Mechanicsburg, PA 17050 James M. Bach, Esquire 352 Sporting Hill Road Mechanicsburg, PA 17050 By: JE E B. COSTOPOULOS, , LRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 (g)4//(j7 Telephone No. (71,7) 221-0900 Date: Attorney for Plaintiff OCT 0 5100)A°4 TODD JOHN SCHORY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 07-254 CIVIL TERM CHRISTINE M. SCHORY, CIVIL ACTION - AT LAW Defendant DIVORCE/CUSTODY ORDER OF COURT AND NOW this / day of 6t^ , 2007, a Rule is hereby issued on Defendant to show cause why the relief requested in Plaintiff's Petition for Special Relief should not be granted. 9.3d • Rule returnable ?'- -r- -, - M,. *& 3 It is further Ordered that pending further Order of Court, n ' y nc ' ok?ld?e?rl neither party shall drive with the children in the car after having consumed any amount of alcoholic beverage whatsoever. J. eIA I ?? VOL TODD JOHN SCHORY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE M. SCHORY DEFENDANT 2007-254 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 12, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 23, 2007 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 pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ john. Mangan, r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'X; f+?itie? c .. tY?'a{`le`a 6 C 0 d 91 130 L€ OZ e- a-t7/ a1 fir- 17/•(71 ]AI EO L. . . TODD JOHN SCHORY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 CIVIL TERM V. CIVIL ACTION - AT LAW CHRISTINE M. SCHORY, DIVORCE/CUSTODY Defendant ENTRY OF APPEARANCE TO THE PRO NOTARY: Kindly enter my appearance on behalf of Defendant, Christine M. Schory, In the above- captioned matter. LAW OFFICE OF JOHN M. KERR, ESQUIRE (L x 4w John M. Kerr, Esquire Attorney I.D.#26414 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 (717) 766-4008 Attorney for Defendant, Christine M. Schory a, '6. TODD JOHN SCHORY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 CIVIL TERM V. CIVIL ACTION - AT LAW CHRISTINE M. SCHORY, DIVORCE/CUSTODY Defendant CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Entry of Appearance," on the below-named individual in the manner indicated: Hand-Delivered Jeanne B. Costopoulous, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 LAW OFFICE OF JOHN M. KERR, ESQUIRE W. 94 john M. Kerr, Esquire Attorney I.D.#26414 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 (717) 766-4008 Attorney for Defendant, Christine M. Schory Dated: October 16, 2007 G1 1 c: W " S TODD JOHN SCHORY, Plaintiff VS. CHRISTINE M. SCHORY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE/CUSTODY PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION FOR SPECIAL RELIEF TO THE PROTHONOTARY: As a part of a settlement reached in the parties' custody case, Plaintiff hereby withdraws, without prejudice, PLAINTIFF'S PETITION FOR SPECIAL RELIEF FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND AN INTERIM ORDER OF CUSTODY filed on October 4, 2007. By: ANNE B. COSTOPOULOS, ESQU-M Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Attorney for Plaintiff (I ?V CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John M. Kerr, Esquire 5000 Ritter Road, Ste. 202 Mechanicsburg, PA 17055 By: ANNA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 / Telephone No. (717) 221-0900 Date: 14'31( 47 Attorney for Plaintiff "mss r?7 w zb ar d OCTSIM TODD JOHN SCHORY Plaintiff V. CHRISTINE M. SCHORY Defendant Assigned Judge: Edward E. Guido, J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-254 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this J!day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Father's previously filed Petition for exclusive possession of the marital residence is hereby WITHDRAWN, without prejudice, and the previously scheduled hearing before the Honorable Edward E. Guido is CANCELLED. 2. Legal Custody: The Father, Todd Schory and the Mother, Christine Schory, shall enjoy shared legal custody of the minor children, Cody Schory, born 1/03/94 and Kyle Schory, born 1/20/95. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Father and Mother shall share physical custody of the children as agreed between the parties. 4. In the event the parties no longer reside in the same household, the non-custodial parent shall be entitled to have reasonable liberal telephone contact with the children. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural .4 .% development of the children's love or affection for the other party. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. No party shall smoke any substance in any part of a confined area with the Children present and neither party shall permit another person to smoke in any part of a confined area with the Children present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the Children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the Children. Either party may request the other party to submit to a drug or alcohol test at any time without notice, provided that the requesting party pays for the testing. 8. No person transporting the Children shall be under the influence of any alcoholic beverages while transporting the Children. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. The parties shall engage in therapeutic family counseling at Kenneth G. Small, Ph.D. and Associates. 10. Holidays shall be arranged as mutually agreed to. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Ti J. Cc: 161n Kerr, Esq., 5000 Ritter Rd., Ste 202, Mechanicsburg, PA 17055 Costopoulos, Esq., 5000 Ritter Rd., Ste 202, Mechanicsburg, PA 17055 pJ6hn J. Mangan, Esquire ( ro- r. ( l WV 1 C 130 LOU 31A JO i TODD JOHN SCHORY Plaintiff V. CHRISTINE M. SCHORY Defendant Assigned Judge: Edward E. Guido, J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-254 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Cody Schory 1/03/94 Father and Mother Kyle Schory 1/20/95 Father and Mother 2. A Conciliation Conference was held on October 23, 2007 with the following individuals in attendance: The Father, Todd J. Schory, with his counsel, Jeanne B. Costopoulos, Esquire The Mother, Christine M. Schory, with her counsel, John M. Kerr, Esquire 3. Communication between the parties occurred on October 26, 2007 regarding the custody arrangement and the mutual desire to cancel without prejudice the scheduled exclusive possession hearing before the Honorable Judge Guido. 4. The parties agreed to the entry of an Order in the form as attached. Date: o .Mangan, Esq C tody Conciliator ?6 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff TODD JOHN SCHORY, Plaintiff vs. CHRISTINE M. SCHORY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE/CUSTODY PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF AND FOR A FINDING OF CONTEMPT Plaintiff, Todd John Schory, by and through his attorney, Jeanne B. Costopoulos, Esquire, avers the following: 1. Petitioner is the Plaintiff above-named, Todd John Schory, hereinafter referred to as Father, currently residing at 529 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is the Defendant above-named, Christine M. Schory, hereinafter referred to as Mother, currently residing at 5130 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The parties were married on September 4, 1993. A Complaint in Divorce was filed by Father at the above caption and number on January 16, 2007. Said Complaint was served on Mother on January 25, 2007. 4. There are two dependent children from the marriage of the parties, namely Cody Schory, born January 3, 1994, and Kyle Schory, born January 20, 1995. 5. The parties are subject to an agreed upon Order dated October 31, 2007, which was entered into at a time when the parties continued to reside in the same home with the children. Said Order (attached as Exhibit A) provides that physical custody is to be shared "as agreed between the parties". Father vacated the parties' rented home on or about July 20, 2008 and the parties subsequently verbally agreed to exchange custody on an alternating weekly basis. 6. Mother has violated the October 31, 2007 on numerous occasions and emergency relief is warranted for the following reasons: A. Mother continues to have serious drug and alcohol problems and violates paragraph 7 of the order on a continuing basis. Mother drinks for several hours per day and smokes marijuana in the marital home. Mother has left drug paraphernalia around the house. Father has repeatedly requested Mother to submit to drug and alcohol testing as provided in the order and Mother refuses. Accordingly, Mother should be found in contempt of paragraph 7 of the order. B. On January 9, 2008, June 2, 2008, and August 27, 2008, Father called Hampton Township Police to document Mother's drunken antics at the marital home. C. Paragraph 9 of the order requires the parties to attend counseling. Father initially attended sessions alone because Mother refused to participate. He no longer attempts to schedule the appointments due to Mother's lack of cooperation. D. Mother's reckless lifestyle results in her inability to care for the children. Before Father left the marital home, he was forced to change his work shift to 8:00 a.m. to 5:00 p.m. so that he could be available in the morning for the children before school because Mother was not reliable or sober. A typical incident is like that that occurred on Monday, March 31, 2008, when Mother came home drunk and started yelling profanities at Father and the boys and hit Father several times. She then threatened that she was going to beat the crap out of the parties' son, Kyle, for rolling his eyes at her. Father advised Mother that if she touched Kyle he would call the police and have her arrested. She then left the house and did not return until after midnight after everyone was asleep. E. On April 1, 2008, Father made arrangements for the coach to take the boys to soccer practice after having called Mother around 4:45 p.m. and noticing by her speech that she was intoxicated again. Father picked the boys up from practice, made them dinner and left the house at 7:15 p.m. to go to an AL-ANON meeting at 7:30 p.m. Father received a call from his son Cody at 7:22 p.m. that the police had called and said Mother was being detained. Mother called Father at 10:00 p.m. to pick her up at the Hampden Township Police Station. Mother indicated that she had been arrested for possession of drugs behind Johnny Joe's bar on Trindle Road in Mechanicsburg and that her car had been impounded. F. The parties started sharing custody on an alternating weekly basis starting July 20, 2008. During Mother's weeks, she would be severely intoxicated would leave the children alone. On some occasions, the children have been locked out of the house after school because Mother has not provided them with keys and if Mother is at the bar drinking she will not come home to let them in. G. On August 27, 2008, Mother threatened to drive with the children in the car while she was blatantly intoxicated. Mother told Hampton Township police officers that she planned to drive the parties' son to a scrimmage. A Preliminary Breath Test was performed and Mother was informed by the officers that if she attempted to drive she would be immediately arrested for D.U.I. Paragraph 8 of the order prohibits either party from transporting the children while under the influence of alcohol. H. As a result of the above, Father stopped permitting the children to go to Mother's residence on her weeks. On August 31, 2008 Mother called the police in an attempt to make Father give her custody of the children. The police referred both parties to their respective attorneys. 1. On Tuesday, September 2, 2008, the parties discussed the situation and Mother's recent behavior and Mother promised Father that if he let her have the children for the remainder of the week that she wouldn't leave them alone all night or become intoxicated while they were in her care. Based on that discussion, Father brought the boys to Mother the next morning (Wednesday, September 3, 2008). On Thursday, September 4, 2008, Mother did not come home after work to check on the children or prepare them dinner or check their homework and instead repeatedly called the children to tell them she was on her way. Father contacted Mother to remind her about their agreement and she sounded intoxicated. Mother became verbally abusive and hung up the phone on Father. 7. In light of the above, Father requests that Mother's periods of partial custody be temporarily suspended and that she be required to submit to a drug and alcohol evaluation 8. Undersigned counsel has faxed a copy of the instant petition to Mother's attorney, John Kerr, Esquire, seeking Mother's position as to the relief requested herein. As of the time of filing, no response had been received. Father expects that Mother will oppose the relief requested. WHEREFORE, Father respectfully requests this Honorable Court to enter an Order temporarily suspending Mother's periods of partial custody until such time as she obtains treatment for her drug and alcohol issues. Respectfully Submitted: By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Attorney for Plaintiff/Petitioner VERIFICATION I, Todd John Schory, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Signature: Todd John S ory CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Christine M. Schory 5130 Erbs Bridge Road Mechanicsburg, PA 17050 John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pa 17055 By: JEANNE B. COSTOPOUL , ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: ?? Attorney for Plaintiff KiBIT A E? CT 1 ?,57 TODD JOFL 1 SCHORY Plaintiff V. CHRISTINE M. SCHORY Defendant Assigned Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-254 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this 3&`day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Father's previously filed Petition for exclusive possession of the marital residence is hereby WITHDRAWN, without prejudice, and the previously scheduled hearing before the Honorable Edward E. Guido is CANCELLED. 2. Legal Custody: The Father, Todd Schory and the Mother, Christine Schory, shall enjoy shared legal custody of the minor children, Cody Schory, born 1/03/94 and Kyle Schory, born 1/20/95. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Father and Mother shall share physical custody of the children as agreed between the parties. 4. In the event the parties no longer reside in the same household, the non-custodial parent shall be entitled to have reasonable liberal telephone contact with the children. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Neither parry may say or do anything nor permit a third parry to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. No party shall smoke any substance in any part of a confined area with the Children present and neither party shall permit another person to smoke in any part of a confined area with the Children present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the Children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the Children. Either party may request the other party to submit to a drug or alcohol test at any time without notice, provided that the requesting party pays for the testing. 8. No person transporting the Children shall be under the influence of any alcoholic beverages while transporting the Children. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. The parties shall engage in therapeutic family counseling at Kenneth G. Small, Ph.D. and Associates. 10. Holidays shall be arranged as mutually agreed to. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. B T; J. Cc: John Kerr, Esq., 5000 Ritter Rd., Ste 202, Mechanicsburg, PA 17055 Jeanne Costopoulos, Esq., 5000 Ritter Rd., Ste 202, Mechanicsburg, PA 17055 John J. Mangan, Esquire t;r hand In T ; 8e l a .:: - ;.. ?- -31 . Od`' f ` fQthQt10t8ry TODD JOHN SCHORY Plaintiff v. CHRISTINE M. SCHORY Defendant Assigned Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term : ACTION IN CUSTODY CONCELI ATION CONFERENCE SUACK"Y REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: I . The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Cody Schory 1/03/94 Father and Mother Kyle Schory 1/20/95 Father and Mother 2. A Conciliation Conference was held on October 23, 2007 with the following individuals in attendance: The Father, Todd J. Schory, with his counsel, Jeanne B. Costopoulos, Esquire The Mother, Christine M. Schory, with her counsel, John M. Kerr, Esquire Communication between the parties occurred on October 26, 2007 regarding the custody arrangement and the mutual desire to cancel without prejudice the scheduled exclusive possession hearing before the Honorable Judge Guido. 4. The parties agreed to the entry of an Order in the form as attached. Date: 7ico? n .Mangan, Esqu' stody Conciliator :. 90, V ,ti SFP 0 TODD JOHN SCHORY, Plaintiff VS. CHRISTINE M. SCHORY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-254 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE/CUSTODY INTERIM ORDER OF COURT AND NOW this day of 2008, upon consideration of Plaintiff's Emergency Petition for Sgecial Relief and for a Finding of Contempt, it is hereby be Tye Schory, born January, ed ldren. A.?eag errs sei-dtded _.. 08, oun ourt ous le, lly with testimony. Each party s a submit a pre-heari 79 memoran um wi m pri BYJ C URT: J. 3 43"75 - P )JN "gin' 141 ? S: I I Wd Z 183S M ,MO at ?© TODD JOHN SCHORY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-254 CIVIL ACTION LAW CHRISTINE M. SCHORY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 16, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, Tuesday, October 14, 2008 at 1:00 PM at 4th Floor, Cumberland County Courthouse, Carlisle on 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. 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/ ohn . Mangan, r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TONO GO TO OR TELEPHONE THE OFFIC ?S OT HAVE AN ATTORNEY OR CANNOT AFFORD O FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ' `1 lje? 4(v -V 19i y ' ° 41 14d 91 d3S GooZ OCT 2 2008, D TODD JOHN SCHORY Plaintiff V. CHRISTINE M. SCHORY Defendant Assigned Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this day of October 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. Lp. 2. A Custody Hearing is hereby scheduled on the day of 008 at . O am/pm in Courtroom numbea3 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Todd Schory and the Mother, Christine Schory, shall enjoy shared legal custody of the minor children, Cody Schory, born 1/03/94 and Kyle Schory, born 1/20/95. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Pending hearing and further Order of Court, the Father and Mother shall share physical custody of the children as follows: a. The Mother and the Father shall share physical custody on a week on/week off basis from Saturday 6:00 pm until the following Saturday at 6:00 pm. Each parent shall provide appropriate supervision of the Children when the Children are in their care. Each parent shall not leave the Children unsupervised for an extended period of time; i.e. more than two hours when the Children are in their care. Each parent is specifically directed to not consume alcohol to the point of excess or use illicit drugs at any time the Children are in their care. 6. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the children. 7. In the event of a medical emergency, the custodial parry shall notify the other party as soon as practicable after the emergency is handled. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. If either party has a negative opinion of the other parent, specifically regarding drug/alcohol use or parenting styles, that party shall not convey their opinion to the Children or mention to the Children that the other parent is not appropriate to care for the Children. Both parents are specifically directed to not involve or discuss with the Children custodial litigation issues. 9. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. No party shall smoke any substance in any part of a confined area with the Children present and neither party shall permit another person to smoke in any part of a confined area with the Children present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the Children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the Children. 10. By agreement, Mother shall submit to a drug test performed by an appropriate laboratory at Father's expense. Once the test is scheduled by Father, counsel for Father shall promptly notify Mother's counsel of the scheduled time and date for the test. It. No person transporting the Children shall be under the influence of any alcoholic beverages while transporting the Children. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. For clarification, at no time shall a parent or any person transport the Children while under the influence of drugs or alcohol; this includes periods of time when the Children are transported by a parent or their representative while the Children are technically in the other parent's custodial periods. 12. The parties shall engage in co-parenting counseling with a mutually-agreed upon professional. 13. The parties shall engage the Children in therapeutic family counseling with a mutually-agreed upon professional. 14. Holidays shall be arranged as mutually agreed to; in the absence of agreement, the parties shall adhere to the holiday schedule as attached. 15 This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control J. Cc: f hn Kerr, Esq., 5000 Ritter Rd., Ste 202, Mechanicsburg, PA 17055 / J anne Costopoulos, Esq., 5000 Ritter Rd., Ste 202, Mechanicsburg, PA 17055 hn J. Mangan, Esquire CoP c'?s /?La c .?, /o/a3/08 'L?'1 t ' Ce J30 8007 HOLIDAYS AND SPECIAL DAYS TEWES EVEN YEARS ODD YEARS Easter Da I S Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Day From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2" half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1 S Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father TODD JOHN SCHORY Plaintiff v. CHRISTINE M. SCHORY Defendant Assigned Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-254 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUA1 MARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Cody Schory 1/03/94 Father and Mother Kyle Schory 1/20/95 Father and Mother 2. A Conciliation Conference was held on October 23, 2007, an Order of Court issued October 31, 2007 and a conciliation conference was held October 14, 2008 with the following individuals in attendance: The Father, Todd J. Schory, with his counsel, Jeanne B. Costopoulos, Esquire The Mother, Christine M. Schory, with her counsel, John M. Kerr, Esquire 3. Father's position on custody is as follows: Father alleges that Mother has severe drug and alcohol abuse issues, both when the Children are in her custody and also not in her custody. Father alleges that Mother does not supervise the Children while they are in her custody and that Mother stays out all night into the morning hours when the Children are at her house. Father has concerns that Mother has not engaged in any counseling regarding family counseling. Father asserts that he initially tried to set up the family counseling, but Mother failed to follow through. Father would like Mother to be drug tested. Father's counsel has requested that a guardian ad litem be appointed to this case for the Children. 4. Mother's position is as follows: Mother asserts that she does not abuse drugs or alcohol when the Children are in her care and custody. Mother asserts that she is in her own counseling and is willing to engage in therapeutic family counseling (or co-parenting counseling). Mother asserts that Father would not engage in the family counseling. Mother asserts that Father is controlling and that Father drives while under the influence of alcohol. Mother would like Father to pay for her drug testing. Mother asserts that Father disparages her to the Children and would like this to stop. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court pending hearing on this matter. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: lz2 tr John J. an , Esquire Custod Co ciliator TODD JOHN SCHORY, Plaintiff V. CHRISTINE M. SCHORY, Defendant Assigned Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term ACTION IN CUSTODY MOTION REQUESTING A CONTINUANCE OF CUSTODY HEARING AND NOW, comes Christine M. Schory, Defendant in the above-captioned matter, by her counsel, John M. Kerr, Esquire, and files the within Motion Requesting A Continuance Of Custody Hearing, the nature of which is as follows: 1. On October 22, 2008, the Court entered an Order, scheduling a Custody Hearing in the above-captioned matter for Friday, December 5, 2008, at 9:30 a.m. before the Honorable Edward E. Guido, Judge of the Court of Common Pleas. 2. In the meantime, Defendant Christine Schory has been advised by her physician, Richard de Ramon, M.D., that she must undergo surgery on Thursday, December 4, 2008, as a result of certain complications resulting from a prior breast cancer surgery. These complications are acute and must be remedied forthwith. 3. Defendant Schory had nothing to do with the scheduling of this surgery, which was a decision of her physician. 4. After being advised of the scheduling of this surgery, Heather Clouser, an employee of undersigned counsel, contacted Carol at de Ramon Plastic Surgery Institute, P.C. to inquire as to whether Christine Schory would be able to participate in a custody hearing the morning after her surgery. Clouser was advised that Schory's recovery time would be in the neighborhood of two to four weeks; that she would be taking narcotic pain medications for up to a week after her surgery; and that she would be unable to drive during this period. 5. Richard de Ramon, M.D. has furnished medical documentation indicating that Schory would not be able to do anything for a period of two - three days after the surgery and that she will be taking narcotic pain medications for a period of 5-7 days after her surgery. He further indicated that she would be able to resume normal activities with 7-10 days of the surgery (see correspondence appended to this Motion). 6. Defendant Schory requests a continuance of the scheduled custody hearing of at least two weeks. 7. Undersigned counsel has attempted to contact opposing counsel, Jeanne Costopoulos, Esquire, to determine if she would concur in the Motion. He has been unable to reach her. WHEREFORE, it is requested that the Court grant a continuance of the Custody Hearing scheduled for Friday, December 5, 2008. Respectfully submitted, QJ44 W, JL Joh . Kerr, Esquire Att frney I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 December 1, 2008 deRanz6n PLASTIC SURGERY INSTITUTE, PC, November 19, 2008 John M. Kerr, Esquire 5020 Ritter Road suite 109 Mechanicsburg, PA 17055 Dear Sir: Richard deRsm6n, M.D. Dipkrwt of Amencan Boyd of Plastic Surgery Diplomat of American Board of Surgery My patient Christine Schory is scheduled for surgery the afternoon of December 4, 2008 at Community Campus Hospital in Harrisburg. Her procedure will be done as an outpatient. I expect the surgery to take 2.3 hours to complete. Since her procedure will be done under general anesthesia, and her discharge will probably not be until the evening of the 4t', I do not recommend she do anything for 2-3 days after beyond recovering at home. She will be prescribed narcotic medications for pain control and can be expected to be taking those for 5.7 days after her surgery. In addition, she will be restricted from driving while using those medications, In my opinion, she should be able to return to most normal activities within 7-10 days after her surgery. She will be restricted from heavy lifting and exercise for 4-6 weeks after her surgery. Please let me know if you have any questions, e , Richard de Ramon, MD Fredriclmen Outpatient Center 2025 Technology Parkway - Suite 303 Mechanicsburg, PA 17050 717.791.2880 Phone - 717.791.2885 F" drderamon.yourmd.com mbbitr Cosmetic Surgery - Hand Surgery Reconstructive Surgery - Breast Surgery Cleft Lip/Palate Surgery 'd 66ti'ON n}ijsuj AA;2Ans aijsp[d uowe? ap wy90 Ol $006'6l'r10N VERIFICATION The undersigned hereby states that she is the Defendant in the foregoing custody action and, as such, is authorized to execute this Verification, and that any factual statements in the Motion Seeking A Continuance are true to the best of her knowledge, information and belief. She understands that false statements are made subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities 4Gh.si, O Christine Schory VERIFICATION The undersigned, Heather Clouser, hereby states that she is an employee of Law Office of John M. Kerr and, as such, was requested to contact the Office of de Ramon Plastic Surgery Institute, P.C. in order to inquire concerning certain surgery being scheduled for Christine Schory. The undersigned states that any factual averments in the foregoing Motion relating to this matter are true to the best of her knowledge, information and belief. She understands that any false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. Qz? a n:: e 1, ? Heather Clouser TODD JOHN SCHORY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-254 Civil Term CHRISTINE M. SCHORY, : ACTION IN CUSTODY Defendant Assigned Judge: Edward E. Guido, J. CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Motion Requesting A Continuance of Custody Hearing," on the below-named individual in the manner indicated: HAND DELIVERED Jeanne Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 (1? W, 0, JohZy . Kerr, Esquire Atto I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 December 1, 2008 ,_ c s -;-{ ,.7 . . -rt ? 4 , ? '.. t ?, M_ l % . „y.,j j' CEC 0 2 200 TODD JOHN SCHORY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-254 Civil Term CHRISTINE M. SCHORY, : ACTION IN CUSTODY Defendant Assigned Judge: Edward E. Guido, J. ORDER OF COURT AND NOW, upon consideration of the Motion Requesting Continuance of Custody Hearing, and any response thereto, it is ORDERED AND DECREED, as follows: The Custody Hearing scheduled for Friday, December 5, 2008, at 9:30 a.m. is rescheduled for A.A __? ?• , 2001 at 3? m. in Courtroom No. 3 at the Courthouse, Carlisle, Pennsylvan' 013. T: J. 7571 grw 5A?? MNVAW4N3d .tvr to nr. 11 ZZ .Z Fed 9- 33 W 301:LX-Y?W JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff TODD JOHN SCHORY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CHRISTINE M. SCHORY, Defendant No. 07-254 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, come the parties, Todd John Schory, Plaintiff, and Christine M. Schory, Defendant, and respectfully request the following Stipulation to be entered as an Order of Court: WHEREAS the parties, Todd John Schory (the Father hereinafter) and Christine M. Schory (the Mother hereinafter), have born to them two (2) children, namely Cody Schory, born January 3, 1994, and Kyle Schory, born January 20, 1995, (the children hereinafter); and, WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the children; and WHEREAS, both parties have been provided an opportunity to review this Stipulation with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. LEGAL CUSTODY: The parties shall enjoy shared legal custody of the minor children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well- being, including, but not limited to, all decisions regarding their health, education, and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children, including, but not limited to, medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. PHYSiC'.Ai. CITSTODV: Subject to temporary modification by the children's therapist or the parties' parent coordinator as set forth in paragraphs 11, 12 and 13 below, the parties shall have shared physical custody of the children on an alternating weekly schedule beginning with Mother having custody of the children on Sunday, January 18, 2009 at 6:00 p.m. and alternating weeks thereafter and Father having custody of the children on Sunday, January 25, 2009 at 6:00 p.m. and alternating weeks thereafter. 3. SUPERVISION REQUIRED: Each parent shall provide appropriate supervision of the children when the children are in his or her care. Neither parent shall leave the children unsupervised for more than two hours. 4. ALCOHOL & DRUG PROMBITiON: Each parent is specifically prohibited from being under the influence of alcohol or illicit drugs at any time the children are in his or her care or during any telephone call with the children. 5. ALCOHOL AND DRUG TESTING: The parties shall promptly submit to testing for drugs and/or alcohol at the request and at the expense of the requesting parry. In the event the test results indicate that the parry was under the influence of illicit drugs or alcohol during his or her custody period, that party shall reimburse the requesting party for the cost of the testing. 6. SMOKING PROHIBITION: Neither party shall smoke any substance in any part of a confined area with the children present and neither party shall permit another person to smoke in any party of a confined area with the children present. 7. TELEPHONE CONTACT: The parties shall have liberal telephone contact with the children while in the other parent's custody. 8. MEDICAL EMERGENCY: In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 9. TRANSPORTATION: No person transporting the children at any time shall be under the influence of any alcoholic beverages or drugs. 10. HOLIDAYS: The parties shall share custody of the children on major holidays as agreed. In the event the parties cannot reach an agreement, the parties shall adhere to the attached holiday schedule. 11. CHILDREN & YOUTH SERVICES: The parties agree to contact Children & Youth Services and cooperate with an investigation regarding Father's allegations that Mother has neglected the children and placed them in dangerous situations as a result of her alcohol and/or drug use. Mother shall sign a release for records permitting Children & Youth, the parties' attorneys, and the parties' parenting coordinator to have access to records related to medical treatment and testing of Mother during the month of January 2009. 12. THERAPEUTIC FAMILY COUNSELING: Within five (5) days of the date of this Agreement, the parties shall contact Mary Jo Devlin, MSW, of Pennsylvania Counseling Services, located at 3507 Market St., Suite 301, Camp Hill, Pennsylvania, (717) 737-5066, for the purpose of obtaining therapeutic family counseling. Both parties shall cooperate with scheduling and shall not cancel appointments absent a true emergency. Any costs of counseling not covered by insurance shall be equally divided between the parties, subject to reallocation by the court in the event the court determines such a reallocation is appropriate under the circumstances. The parties shall follow all recommendations of the counselor, including recommendations to temporarily modify the custody schedule pending the next hearing date. The parties shall sign releases permitting access to counseling records by their attorneys, the court, and the parties' parenting coordinator. 13. PARENT COORDINATOR: The parties' shall retain the services of Arnold Shienvold, PhD, 2151 Linglestown Road, Suite 200, Harrisburg, PA, (717) 540-1313, or other agreed upon parent coordinator, within five (5) days of' the date of this Agreement. Both parties shall cooperate with scheduling and shall not cancel appointments absent a true emergency. Any costs of parent coordination not covered by insurance shall be equally divided between the parties, subject to reallocation by the court in the event the court determines such a reallocation is appropriate under the circumstances. The parties shall promptly sign Dr. Shienvold's standard parent coordination contract and shall abide by his recommendations regarding temporary modifications to the custody schedule pending the next hearing date. Both parties shall sign releases authorizing access to Dr. Shienvold's records by their attorneys, the court, and the parties' therapeutic family counselor. 14. CONTEMPT: Violation of paragraphs 3, 4, 5, 9, 11, 12, or 13 of this Agreement shall be grounds for temporary suspension of all custody rights pending an expedited hearing. Preliminary determinations as to whether or not said paragraphs have been violated shall be in the discretion of the parent coordinator or the therapeutic family counselor. A determination made by either of these individuals that any of the listed provisions have been violated shall result in immediate suspension of the violating party's custody rights pending an expedited hearing on the matter. 15. VOLUNTARY EXECUTION AND FAIRNESS OF THE AGREEMENT: Each party acknowledges that this Custody Stipulation has been entered into by his or her own volition, with full knowledge of the facts and full information as to his or her legal rights, each party having been provided ample opportunity to discuss with the counsel of his or her choice the effect of the terms of this Custody Stipulation and that each believes this Custody Stipulation to be reasonable and in the best interest of the children under the circumstances and not the result of any duress or undue influence. 16. SUPERSEDEAS OF PRIOR COURT ORDERS: This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. 17. ENTRY AS AN ORDER OF COURT: It is the intention of the parties that this Custody Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. 18. CONTINUANCE OF JANUARY 16, 2009 HEARING: The parties agree to continue the January 16, 2009 hearing for 60 days. However, either party may request the court for an expedited hearing in the event either party violates the terms of this Agreement prior to the next scheduled hearing date. IN WITNESS THEREOF, and intending to be legally bound thereby, the parties hereto have, in the presence of their attorneys, hereunto set their hands and seals and the date of their acknowledgment. Signature: '4;::? Todd J Witness: Jeannd Esquire Signature: . Christine M. Schory Witness: Q4 W. ?' Jo Kerr, Esq ire Date: / /Y o9 Date: Date: ? ' -Q?l Date: 1-0-0? K ',{?} ? ~? ;r?Y '`? ? 'cam 4 ?*. ? ?. <?7 ` ? ? ' ? ` ?s ?? d "?-. f -.Sa } ? 7 ?.iJ 7 ? it e„4 7 -... °/A JAN 16 2009 6 TODD JOHN SCHORY, Plaintiff VS. CHRISTINE M. SCHORY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-254 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY ORDER OF COURT AND NOW, this day of XY , 2009, upon consideration of the within STIPULATION FOR CUSTODY, which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set forth in full hereinafter. Any and all prior Orders in this matter are hereby vacated. (A7 DAIM ) The hearing scheduled on January 16, 2009 is continued until the 4%. IX of 2009 at 3 iffo A.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania THE COU T: Edward E. Guido, J. Distribution: Z?a-=6 Costopoulos, Esq., 5000 Ritter Rd., Ste 202, Mechanicsburg, PA 17055 ./ John Kerr, Esq., 5020 Ritter Rd., Mechanicsburg, PA 17055 Cumberland County Children & Youth Services Mary Jo Devlin, MSW, 3507 Market St., Ste, 301, Camp Hill, PA 17011 mold Shienvold, PhD, 2151 Linglestown Road, Suite 200, Harrisburg, PA 17110 F I ES l'?'Ld l ?" 6 t-/ 3 ?- CP ? C C •?- 1, ,s ? A LIS ; LL d TODD JOHN SCHORY, Plaintiff V. CHRISTINE M. SCHORY, Defendant Assigned Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term : ACTION IN CUSTODY MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT AND NOW, comes John M. Kerr, Esquire, counsel for Defendant Christine M. Schory in Iic mmd tM. err 5020 WW Ro an Salle 108 Medw*zbLx& PA 17055 Prams: 717.788.4008 FAx: 717.788.4066 the above-captioned matter, pursuant to Local Rule 208.3(a) of the Cumberland County Rules of Procedure, and files the within Motion To Withdraw as Counsel, the nature of which is as follows: 1. On October 15, 2007, moving counsel undertook representation of Defendant Christine M. Schory, pursuant to a referral from the Cumberland County Bar Association. 2. Since that time, undersigned counsel has attended two custody conciliations; represented Defendant in a criminal matter; and generally acted to advocate for her interests in protecting her right to continue a shared custody arrangement with the Plaintiff, Todd Schory. 3. On or about September 5, 2008, Plaintiff filed an Emergency Petition For Special Relief And For A Finding of Contempt, alleging that Defendant Christine Schory repeatedly violated the October 31, 2007 Court Order entered after the first Conciliation and that she suffered from continuing drug and alcohol problems. 4. Following a second Conciliation, undersigned counsel participated in a telephone conference with opposing counsel and the Court, in which an effort was made to devise a workable plan to monitor Defendant's compliance with the Court Order as it related to drug and alcohol use. P 5. A Custody Hearing was scheduled for December 5, 2008, which was thereafter continued until January 16, 2009, upon Motion of undersigned counsel as a result of certain surgery Defendant was undergoing. 6. The January, 2009 Hearing was also postponed, until March 23, 2009, pursuant to an agreed Order of Court, which mandated certain actions, as follows: (a) that the parties contact Children & Youth Services and cooperate with an investigation of Plaintiff/Father's allegations that Defendant/Mother neglected the children as a result of her alcohol and drug use; (b) that they engagein therapeutic family counseling with a specified provider; and (c) that they enage a parent coordinator. 7. In the period of time since the January 21, 2009 agreed Order, Defendant Christine Schory was failed to cooperate with undersigned counsel such that he could provide effective representation at the March 23, 2009 Custody Hearing. This has been manifested in the following ways: a) Defendant has provided little or no information concerning the Children & Youth investigation into Plaintiff/Father's allegations. b) Defendant repeatedly has failed to return telephone calls requesting information. For example, a telephone call made Monday, March 16 was not returned for two days. C) Similarly, Defendant has failed to provide meaningful information concerning the Parent Coordinator or therapeutic family counseling. Moreover, the information which was provided lacks credibility. =.Kerr 5020 Fdtter Road SLWa 109 MadIffiksb1JIg. PA 17oss PHom: 717.788.4008 FAx: 717.788.4088 d) Defendant has failed to meet her financial commitments to undersigned counsel's office, repeatedly breaking such commitments. 8. As a consequence, undersigned counsel lacks confidence in his client's credibility. 9. On March 18, 2009, after not hearing from Defendant for two days, undersigned counsel learned that she had been contacting her own witnesses and apparently had been making her own decisions relative to the said Custody Hearing. 10. Based upon the facts averred at paragraphs 7(a)-(d) and 9 above, undersigned counsel would have an extremely difficult task in defending against the allegations of the Plaintiff at the Custody Hearing scheduled for March 23, 2009. 11. Opposing counsel has been contacted and concurs in the present Motion To Withdraw, but would not agree to any continuance of the Hearing presently scheduled for Monday, March 23, 2009. 12. Defendant Christine Schory was admonished, by letter dated March 5, 2009, that undersigned counsel would file a Withdrawal Petition if her compliance did not improve. 13. Withdrawal is justified under Rule 1.16 (5) & (6) of the Rules of Professional Conduct because, "the client [has failed] substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled" (Rule 1.16(5)) and "the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client" (Rule 1.16(6)). WHEREFORE, undersigned counsel requests that the Court grant his Motion To Withdraw as counsel for Defendant, Christine M. Schory. Respectfully submitted, tv1 M.err soft 109 MCdwacsbua PA 17055 F Nam: 717.766.4008 Fnx: 717.766.4066 - (?? m. & Joh . Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: March 19, 2009 VERIFICATION The undersigned hereby states that he has been the attorney for Christine M. Schory in the foregoing custody matter and, as such, is authorized to execute this Verification, and that any factual statements in the "Motion To Withdraw As Counsel For Defendant," are true and correct to the best of his knowledge, information and belief. He understands that false statements are made subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. rr? ohn M. Kerr, Esquire TODD JOHN SCHORY, Plaintiff V. CHRISTINE M. SCHORY, Defendant Assigned Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term ACTION IN CUSTODY CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Motion To Withdraw As Counsel For Defendant," on the below-named individuals in the manner indicated: HAND DELIVERED Jeanne Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 First Class Mail, Postage Prepaid Christine M. Schory 5130 Erbs Bridge Road Mechanicsburg, PA 17050 UUl Joh M. Kerr, Esquire At rney I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 law Omod M.Kerr soap Ruler Rosa some toe NWhanksbuM, PA 17oss Pk O : 717.788.4008 FAz: 717.788.4088 Dated: March 19, 2009 e .ra 1 i C,F C? r• > TODD JOHN SCHORY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-254 CIVIL TERM CHRISTINE M. SCHORY, CIVIL ACTION - AT LAW Defendant CUSTODY ORDER OF COURT AND NOW, this 23rd day of March, 2009, after hearing, it is hereby ordered and directed as follows: 1. Legal Custody: The parties shall enjoy shared legal custody of the minor children, Cody Schory, born 1/03/94, and Kyle Schory, born 1/20/95. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being, including, but not limited to, all decisions regarding their health, education, and religion. Pursuant to the terms of 23 Pa. C.S. 5309, each parent shall be entitled to all records and information pertaining to the children, including, but not limited to, medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Father shall have primary physical custody of the children subject to periods of partial physical custody in Mother as follows: A. Every other Saturday and Sunday from noon until 5:00 p.m. B. From 9:00 a.m. until 7:00 p.m. on Mother's Day. C. Such other times as the parties agree. Mother shall not consume any alcohol during her periods of contact with the children. Father has the right to deny periods of partial physical custody with Mother if he reasonably believes she has been consuming alcohol at the time the partial physical custody is to commence. 3. Supervision Required: Each parent shall provide appropriate supervision of the children when the children are in his or her care. Neither parent shall leave the children unsupervised for more than two hours. 4. Alcohol and Drug Prohibition: Each parent is specifically prohibited from being under the influence of alcohol or illicit drugs at any time the children are in his or her care or during any telephone call with the children. 5. Smoking Prohibition: Neither party shall smoke any substance in any part of a confined area with the children present and neither party shall permit another person to smoke in any part of a confined area with the children present. 6. Telephone Contact: The parties shall have liberal telephone contact with the children while in the other parent's custody. Provided, however, that Mother is not to be drinking alcohol at any time she initiates telephone contact with the children. 7. Medical Emergency: In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. Transportation: No person transporting the children at any time shall be under the influence of any alcoholic beverages or drugs. 9. Children and Youth Services: The parties agree to contact Children and Youth Services and cooperate with an investigation regarding Father's allegations that Mother has neglected the children and placed them in dangerous situations as a result of her alcohol and/or drug use. 10. Mother shall follow through with her drug and alcohol evaluation and comply with any treatment recommendations. She shall further follow through with her psychiatric evaluation and comply with any treatment recommendations. We will revisit this matter at a hearing to be held on June 15, 2009, at 9:30 a.m. At that time, we will be interested in Mother's progress with regard to her drug and alcohol evaluation and treatment, as well as the psychiatric evaluation and treatment. eanne B. Costopoulos, Esquire Attorney for Plaintiff ,d'hn Kerr, Esquire V11 ttorney for Defendant srs 1 Ord ?tZ ?? X40 ry C1 71? O TODD JOHN SCHORY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 07-254 CIVIL TERM CHRISTINE M. SCHORY, CIVIL ACTION - IN LAW Defendant CUSTODY ORDER OF COURT AND NOW, this 15th day of June, 2009, after hearing, our order of March 23, 2009, shall remain in full force and effect. We have advised the mother that we are convinced that she has a serious alcohol problem; and until that is addressed, we are not comfortable increasing her time with her children. We will review this matter again on September 14, 2009, at 9:30 a.m. to see the progress Mother has made in addres her alcohol problem. By t Court, Edward E. Guido, J. Jeanne B. Costopoulos, Esquire For the Plaintiff Z11ohn Kerr, Esquire For the Defendant mlc 1. o j BPS' M ?3t l.cIr-c- FILEC", C,FHCE OF THE i i':'.: y ! :t: NCR 2009 JUi-,r 16 PH 4.0 It TODD JOHN SCHORY, Plaintiff V. CHRISTINE M. SCHORY, Defendant Assigned Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term ACTION IN CUSTODY MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT AND NOW, comes John M. Kerr, Esquire, counsel for Defendant Christine M. Schory in " Ofod hn M.??err 5020 FORM ROW suft 109 Medley, PA 17055 Prigs: 717.786.1008 Fnx: 717.786.4068 the above-captioned matter, pursuant to Local Rule 208.3(a) of the Cumberland County Rules of Procedure, and files the within Motion To Withdraw as Counsel, the nature of which is as follows: 1. On October 15, 2007, moving counsel undertook representation of Defendant Christine M. Schory, pursuant to a referral from the Cumberland County Bar Association. 2. Since that time, undersigned counsel has attended two custody conciliations; represented Defendant in a criminal matter; appeared at two Custody Hearings before the Court; spoken with his client's treatment professionals; and generally acted to advocate for his client's interests in either protecting her right to continue a shared custody arrangement or, after the March 23, 2009 Hearing, to regain such an arrangement. 3. On or about September 5, 2008, Plaintiff filed an Emergency Petition For Special Relief And For A Finding of Contempt, alleging that Defendant Christine Schory repeatedly violated the October 31, 2007 Court Order entered after the first Conciliation and that she suffered from continuing drug and alcohol problems. 4. Following a second Conciliation, undersigned counsel participated in a telephone conference with opposing counsel and the Court, in which an effort was made to devise a workable plan to monitor Defendant's compliance with the Court Order as it related to drug and alcohol use. 5. At the March 23, 2009 Hearing, the Court substantially limited Defendant's right to exercise physical custody of her two children, by limiting Mother's partial custody to Saturday and Sunday daytime visits every other weekend. 6. The Court agreed to look at Defendant's progress in obtaining alcohol and drug evaluations at another Hearing, which it scheduled for June 15, 2009. At that Hearing, the Court continued the Order which was in place from the March 23, 2009 Hearing, but agreed to look at the matter again at a Hearing which it scheduled for Monday, September 14, 2009, at 9:30 a.m. 7. In the period of time since the June 15, 2009 Hearing before the Court, Defendant Christine Schory has failed to cooperate with undersigned counsel such that he would be able to provide effective representation at the September 14, 2009 Hearing. This has been manifested in the following ways: a) Defendant has acted in a manner inconsistent with the recommendations and advice of undersigned counsel. b) Defendant's interactions with her therapeutic counselor have been insufficient for that counselor to agree to appear at the September 14, 2009 Hearing on her behalf. c) Defendant has failed to meet her financial commitments to undersigned counsel's office. La Oms d tut M. err 5020 Potter Road suite 109 Med xag, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4088 8. Based upon the foregoing, undersigned counsel would be unable, consistent with the Rules of Professional Conduct, to present his client as a witness at the September 14, 2009 Hearing or to elicit testimony which the Court expects, relative to his client's successful rehabilitative efforts. 9. Opposing counsel has been contacted and concurs in the present Motion To Withdraw. 10. As far back as March 5, 2009, Defendant Christine Schory was admonished in writing that undersigned counsel would file a Withdrawal Petition if her compliance did not improve. 11. Withdrawal is justified under Rule 1.16 (5) & (6) of the Rules of Professional Conduct because, "the client [has failed) substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled" (Rule 1.16(5)) and "the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client" (Rule 1.16(6)). WHEREFORE, undersigned counsel requests that the Court grant his Motion To Withdraw as counsel for Defendant, Christine M. Schory. Respectfully submitted, Joh . Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: August 17, 2009 rz d -,< ad 01 Bozo Futter Road suite 109 MCdl8N6bwg. PA 17055 Priam: 717.788.4008 FAx: 717.766.4066 TODD JOHN SCHORY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-254 Civil Term CHRISTINE M. SCHORY, ACTION IN CUSTODY Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Motion To Withdraw as Counsel," on the below-named individuals in the manner indicated: First-Class Mail, Postage Presgaid Jeanne Costopoulos, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 Christine Schory 5130 Erbs Bridge Road Mechanicsburg, PA 17050 (2JE W. k*,) John . Kerr, Esquire Law ffice of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 hn M. err solo MW Road suit 108 MedmnksbM. PA 17055 PHOM: 717.766.4008 FAx: 717.766.4088 RED-WICE OF THE PROTHONOTARf 219 AUG 17 PM 2-- 5 3 CUM18 PI'LA D, COUNTY NNSYLV AUG I 0 2009 2 TODD JOHN SCHORY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-254 Civil Term CHRISTINE M. SCHORY, ACTION IN CUSTODY Defendant (Judge Guido) RULE TO SHOW CAUSE A Rule is issued upon Defendant, Christine M. Schory, to show cause, if any, why the relief requested in the attached "Motion To Withdraw as Counsel," should not be granted. Rule returnable within twenty (20) days of service. BY THE PMRT: elel, a 7 J. Of THE FRO?I?ONIOTARY 2009 AUG 19 AM 8: 4 2 C6111'Es m1lat Lik 944.r J . ?CF,zrL c . S?QY TODD JOHN SCHORY, Plaintiff V. CHRISTINE M. SCHORY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term ACTION IN CUSTODY (Judge Guido) MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, John M. Kerr, Esquire, counsel of record for Defendant Christi neSchory, and requests that the Rule To Show Cause previously issued by the Court be made absolute, representing as follows: 1. On August 17, 2009, undersigned counsel filed a Petition To Withdraw as Counsel for Defendant in the above-captioned matter. 2. On August 18, 2009, the Court signed the Rule, requesting that Defendant Christine Schory show cause, if any, why the Petition To Withdraw should not be granted. 3. After the Rule To Show Cause was received by Defendant Christian Schory, undersigned counsel met with her. He explained to her why he was seeking to withdraw Z Y M. err 5020 RWM Road suite 109 McChaNCSblug. PA 17055 Fli x : 717.766.4008 Fnx: 717.766.4066 from her representation; how she might file an answer to the Withdrawal Petition; and the manner in which she might effectively represent herself at the Status Hearing, scheduled for September 14, 2009. 4. As of the present date, no answer or objection has been filed in response to the Rule To Show Cause. 5. Opposing counsel concurs in the granting of the Withdrawal Petition. WHEREFORE, Petitioner requests that the Court make the Rule Absolute and grant the request of the Petition, permitting undersigned counsel to withdraw his appearance in accordance with the proposed Order. Respectfully submitted, W" 4, k Jo M. Kerr, Esquire I. D.# 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: September 8, 2009 ohn M. cry 5020 Ritter Road suite 108 Mechanicsburg, PA i 7oss Pt+oia:: 717.766.4008 FAx: 717.766.4066 CERTIFICATE OF SERVICE Lw0 d Yohn M. err 5020 Potter Road St&C 109 MedWi Sbtug, PA 17055 Prate: 717.766.4008 FAx: 717.766.4066 The undersigned hereby certifies that he has served a copy of the foregoing, "Motion To Make The Rule Absolute," on the below-identified individuals in the manner indicated: First Class Mail, Postage Prepaid Jeanne Costopoulos, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 Christine Schory 5130 Erbs Bridge Road Mechanicsburg, PA 17050 0,?, r//, Joh M. Kerr, Esquire Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Dated: September 8, 2009 RED-OFFS OF THE PROTHONOTARY 2009 SEP -9 PM Z: 15 TODD JOHN SCHORY, Plaintiff V. CHRISTINE M. SCHORY, Defendant Assigned Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term ACTION IN CUSTODY ANSWER TO RULE TO SHOW CAUSE As per paragraph 7 in Mr. Kerr 's Motion To Withdraw As Counsel, Mr. Kerr says I have been inconsistent. He told me to stay in touch once a week with him or his assistant, Heather. I have been doing that. I call once a week and let Heather know what has been going on. I have been going to counseling with Tina Lemke at Kenneth Small & Associates. I have been with Tina for a while now. I missed an appointment due to financial hardship and was unable to pay my counseling bill. Now I am able to continue to seek counseling from Tina. I have also completed the drug and alcohol evaluations that were asked of me which resulted in outpatient treatment at Gaudenzia West Shore. I am still in the program and doing very well. I attend group counseling and individual counseling every week. Children and Youth continue to monitor me and I am doing very well with them. As far as my financial commitment to my lawyer, John Kerr, my bill is $500.00 for him to represent me in September and I was also going to have him file a "contempt" order on Todd Schory for leaving our children alone longer than the two hours a day while he worked, the time specified in the court order. I have $317.00 bi-weekly taken out of my paycheck for child support. I am doing the best I can. I miss my children and they miss me. I would like to have the Court grant me shared custody as it was before. Mr. Kerr has been with me since the beginning and I would like to keep him as my lawyer. We don't always agree but he knows my case and my health concerns. Thank you for your time and consideration in this matter. Sincerely, Christine M. Schory Robert P. Kelly Chairman of the Board WEST SHORE OUTPATIENT SERVICES A Gaudenzia Program Michael Harle, M.H.S. President/Executive Director 4740 Delbrook Rd., Mechanicsburg, PA 17050 (717) 766-8517 9 Fax (717) 796-0196 `few Aid 6 W W W.gaLidenzia.org Helping people help themselves since 1968 1 -0 PROGRESS REPORT GAUDENZIA WEST SHORE D ATE: To: Re: ?2 ?Name iD Peri d of e covered ATTENDANCE Frequency of Treatment Weekly Other Explain: TYPE OF SERN ICES ATTENDED r Individual: Group: Family: DATES OF CANCELLED APPOINTMENTS: DATES OF NO SHOWED APPOINTMENTS: RELAYSEXRINALYSIS: Yes No If yes, explain: COUNSELOR'S COMMENTS: (additional services provided during reporting period, client's attitude, major. modifications on treatment plan, employment changes. etc.) / `C tf Counselor's Sigpaturk Date .Pi6HMITION ON REDISCLOSURE OF CONFIDENTIAL INFORMATION This notice accompanies a disclosure of information concerning a client in alcohol/drug treatment. made to ynu with the consent of such client. This information has been disclosed to you from records protected b federal confidentiality, rules W C.F.R. Par ?i. 'E he federal rules prohibit you from making anv further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 C T R Par 2. A general authorization for the, release of medical or other information is NOT sufficient for this purpose. The federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient. 1 • PROGRESS REPORT GAUDENZIA WEST SHORE To: Re: Name Frequency- of Treatment Individual Family: DATE: G= ID# _ ATTENDANCE 11 ' Week]v Other Explain:_ f, TYPE OF SERVICES ATTENDED i Group: of time ca` DATES OF CANCELLED APP(ANTMENTS: DATES OF NO SHOWED APPOINTMENTS: RELAPSE/URINALYSIS: Yes No If es. explain: COUNSELOR'S COMMENTS: (additional services provided during reporting period, clients a-tiitt de. n ai j1 Ii O+ 1C31iOdt on . alln.,nt tali, employment P changes etc. Corm elor s Siena reI a e F3tb?HIBITION ON RE?ISCLOSURE OF CONFIDENTIAL INFORMATION, This notice accompanies a disciosure of information concemins a client in alcoholldrug treatment. made to you with the cunsent of such client, This information has beer, disclosed to you from records protected by federal confidentiality, rules (42 C F.R. Par. 2;, The federal rules prohibit you from making any further disclosure of this information unless further disclosure is expressly permitted b? the written consent of the person to whom it pertains or as otherwise permitted by 42 C. F. R. Pan 2. A general authorization for the release. of medical or other information is NOT sufficient for this purpose. The federal rules restrict any use of the information to criminalix investigate or prosecute any alcohol or drug abuse patient. i PROGRESS REPORT GAUDENZIA WEST SHORE To: Re: ( 1? Name Frequency of Treatment Individual: Family: DATE: _ ID# erio of time covered ATTENDANCE Weekly Other Explain: E OF SERVICES ATTENDED Group: DATES OF CANCELLED APPOINTMENTS: DATES OF NO SHOWED APPOINTMENTS: RELAPSE/URINALYSIS: Yes No If yes, explain: COUNSELOR'S COMMENTS: (additional services provided during reporting period, client's attitude, major modifications on treatment plan, employment changes, etc.) r Counselor's PR?IIBITION ON REDISCLOSURE OF CONFIDENTIAL INFORMATION This notice accompanies isclosure of information concerning a client in alcohol/drug treatment, made to you with the consent of such client. This information has been disclosed to you from records protected by federal confidentiality rules (42 C.F.R. Part 2). The federal riles prohibit you from making any further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 C.F.R. Part 2. A general authorization for the release of medical or other ihformation is NOT sufficient for this purpose. The federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient. FILED-iii FACE OF THE PROTHOWTARY 2009 SEP -9 PM 3: 14 CUNI: 'r'f'f?u a t PE"'JP`$ SEP 10 2009 ,6 TODD JOHN SCHORY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE M. SCHORY, Defendant No. 07-254 Civil Term ACTION IN CUSTODY (Judge Guido) ORDER OF COURT And now, thisl / day of September, 2009, upon consideration of the Motion to Make Rule % Absolute, and considering At Defendantsh ! -T eswer, it is hereby ORDERED and DECREED that the appearance of John M. Kerr, Esquire, who was entered on behalf of Defendant Christine M. Schory, is hereby withdrawn. J L"Offi« hn M.err S020 Potter Road stdie 10® MediartlcshurB. PA 17055 Rime: 717.788.4008 FAx: 717.788.4066 A F1LE??F CE OF THE PR^ HONOTARY 2009 SEP 1 1 AM 11. 4 0 i UNT}' rPENNSYI ANIIA cr inYtLck ??'1 X? J. K? Q . Shy TODD JOHN SCHORY, Plaintiff V. CHRISTINE M. SCHORY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 0254 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 15TH day of SEPTEMBER, 2009, our order of March 23, 2009 is amended as follows: 1.) Paragraph 2 is DELETED and replaced with the following: 2.) Physical Custody: (A.) Every other weekend from Saturday at 5:00 p.m. until Sunday at 5:00 p.m. Provided, however, that if said weekend should fall on. Father's Day, she shall return the children by 9:00 a.m. on Sunday. (B.) Christmas in odd numbered years from Christmas Eve at 7:00 p.m. until Christmas Day at noon and in even numbered years from Christmas Day at noon until December 26 at noon. (C.) Thanksgiving, Easter, Memorial Day, and Labor Day from noon until 7:00 p.m. (D.) 4TH of July from 7:00 p.m. until noon on July 5. (E.) Mother's Day from 9:00 a.m. to 7:00 p.m. (F.) Such other time as parties agree. 3.) Paragraph 3 is DELETED and replaced with the following: (A.) Father shall insure that the children continue their counseling on a regular basis with a view to not only addressing their issues but to facilitate expanded periods of time with Mother so long as she maintains her sobriety. Both Mother and Father shall participate in said counseling if, and to the extent, deemed appropriate by the counselor. y the Court, Edward E. Guido, J. ? Jeanne Costopoulos, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, Pa. 17055 Christine Schory 5130 Erbs Bridge Road Mechanicsburg, Pa. 17050 Ad eof CE-? ev-oat Lb 4/1-7/07 FILED- 0 FIC" OF THE PP^T=''?a t)TAlRY 2009 SEP 17 A 11: 58 Q-OfFa rJE a?49y 14 zo FEB -4 PM 4' TODD JOHN SCHORY, PtNK?YN OURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CHRISTINE M. SCHORY, Defendant : No. 07-254 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 16, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: J&? / e,10 Signature: Tod ohn Scho HELWabTARY THE OF 2010 FEB -4 PM 4: A r ENNSY Vf-NI A TODD JOHN SCHORY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CHRISTINE M. SCHORY, Defendant : No. 07-254 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE Dated 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 9?oio Signature: rh Todd o Schory L) C C- A-n S Z C TODD JOHN SCHORY : IN THE COURT OF COMMON PLEAlrg f V ?4C3 --4w Plaintiff : CUMBERLAND COUNTY, PENNSY ? IIN 1 n to 99 0 V. No. 07-254 Civil Term °° I -< CHRISTINE M. SCHORY Defendant : DIVORCE PLAINTIFF'S PETITION FOR RELATED CLAIMS PURSUANT TO PA.R.C.P. 1920.15(b) - DIVORCE PURSUANT TO 43301(d) OF THE DIVORCE CODE AND NOW comes Plaintiff, Todd John Schory, by and through his attorney, Jeann6 B. Costopoulos, Esquire, and represents as follows in support of this Petition: 1. Petitioner is Plaintiff above, Todd John Schory, hereinafter referred to as Husband, an adult individual currently residing at 529 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is Defendant above, Christine Schory, hereinafter referred to as Wife, an adult individual currently residing at 5130 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Husband and Wife were married on September 4, 1993, in Dubois, Clearfield County, Pennsylvania. 4. Husband filed a Complaint in Divorce on January 16, 2007. The averments contained therein are incorporated herein by reference as though fully set forth. 5. The marriage is irretrievably broken. 6. The parties have been living separate and apart since approximately July 20, 2008. WHEREFORE, Plaintiff respectfully requests this Honorable Court to issue a decree in divorce on the basis that the parties have been living separate and apart for a period in excess of two years. By: JEAN&9 B. COSTOPOULOS, E Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 / Date: Z /,O! -z- Attorney for Plaintiff !? ` VERIFICATION I, Todd John Schory, hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: Signature: Todd Scho CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Christine M. Schory 5130 Erbs Bridge Road Mechanicsburg, PA 17050 Dated: tQ 27 10t Z By: JE B. COSTOPOUL , QUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff r _CD TODD JOHN SCHORY : IN THE COURT OF COMMON PL c... Plaintiff : CUMBERLAND COUNTY, PENNS V. ? 07-254 Civil Term zC-? c No Q . CHRISTINE M. SCHORY Defendant : DIVORCE < NOTICE TO THE DEFENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTERAFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about July 20, 2008, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 4. I hereby verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: A ia? Signature: Todd J Schory, P d s TODD JOHN SCHORY Plaintiff V. CHRISTINE M. SCHORY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ? (a) 1 do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because: Check (i), (ii), or both: ? (i) The parties to this action have not lived separate and apart for a period of at least two years. ? (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ? (a) I do not wish to make any claim for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. ? (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees, or expenses or other important rights. I hereby verify that the statements made in this Counter-affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: Signature: Christine M. Schory 0 TODD JOHN SCHORY IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVAl` v. ~:•-~ c ~ No. 07-254 Civil Term ~~ w _ "a' ~+• ~:~~ ~ CHRISTINE M. SCHORY ~" ~ `~ Defendant :DIVORCE ~~ ' ~ ~': ~ ~--; ~. ~ ~ ~ AFFIDAV . IT OF SERVICE '~" ``' TO THE PROTHONOTARY: ~ ~`~~ I, Jeanne B. Costopoulos, Esquire, verify that Plaintii~s Affidavit Under Section 3301(d) the Divorce Code filed on June 27, 2012 and a blank Counteraffidavit were served upon the Defendant indicated above on June 30, 2012, by first class, Certified, Restricted Delivery Mail 7010 1870 0001 6880 2113, postage prepaid, return receipt requested, restricted delivery, to the requirements of Pa.R.C.P. § 1930.4. BY: Jeanne . Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Phone: (717) 221-0900 /~S-~ Z PA Supreme Ct. ID No. 68735 DATED: l t~ ~L~iJ-U~ ~ "r; [ ~~CC 14 ~.~~qq Ufy 11![~ i7~Z~~if~C3~ ii4'.k.'~ Z~~2 NQ~ Z~ ~~ ~~ ~ ~ CEIMSERLANU CCUt i~'~' TODD JOHN SCHORY PENN5YLVAN~THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CHRISTINE M. SCHORY Defendant TO THE PROTHONOTARY: No. 07-254 Civil Term DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the following documents, copies of which are attached hereto, were served upon the Defendant indicated above on August 16, 2012, by first class, Certified U.S. Mail No. 7010 1870 0000 6635 5179, postage prepaid, return receipt requested, pursuant to the requirements of Pa.R.C.P. § 1930.4: 1) Letter to Defendant dated August 15, 2012; 2) Notice of Intention to File Praecipe to Transmit Record and Request and Entry of Divorce Decree; 3) Proposed Praecipe to Transmit Record; and 4) a blank Counteraffidavit .... ._. ;%' .. BY: ~.. ~~- ._.___....__. Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Phone: (717) 221-0900 PA Supreme Ct. ID No. 68735 DATED: ~~ Z ~ /Z ^ Complete items 1, 2, and 3. Also Complete iCsrrt 4 if Resdicted Delivery is desired. ^ Prhtt your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, ' or on the front if space permits. 1. Article to: rf q. re ^ Agent X ^ Address.. B. Received by (Prirried ) C. Date of De1Mwy $-1~~1~_ D. Is delivery address different from item 1? ^ Yes if YES, enter delivery address below: ^ No 3. Type ~I CertlNed Mail ^ F~cpress Mail ^ Registered -~'Retum Recei~ ^ Insured Mail ^ C.OA. 4. Restricted Delivery? (Extra Fee) ^.Yes i. ArtideNumber 7010 1870 ~~30 6635 5279 (Aenafer from service ~ PS Form 3811, February 2004 Domest~ Return Receipt io25s5-o2-to-is~o j ~ JEANNE B. COSTOPOULOS ATTORNEY AND COUNSELOR AT LAW i3o Gettysburg Pike, Suite C, Mechanicsburg, PA 17055-5653 Email: jbclegal@gmail.com Telephone: 717.221-0900 Fax: 717.591-9065 August 15, 2012 Christine M. Schory 5130 Erbs Bridge Road Mechanicsburg, PA 17050 Bri Samento, Legal Assistant bri.jbclegal@gmail.com VIA REGULAR MAIL AND VIA CERTIFIED MAIL NO. 7010 1870 0000 6635 5179 Re: Todd John Schory v. Christine M. Schory Cumberland County 07-254 Civil Term Divorce Dear Christine: Please be advised that more than 20 days have elapsed since you were served with the Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code. I am herewith serving upon you Plaintiff's Notice of Intention to File Praecipe to Transmit Record and Request Entry of Divorce Decree, with attached Praecipe to Transmit Record which I intend to file if you do not object by September 14, 2012. Pursuant to the PA Rules of Civil Procedure, I have also enclosed another blank Counter-Affidavit. Please be advised that my correct address is set forth in the above letterhead. I understand that you may have had some prior confusion regarding my current office address. Sincerely yours eanne B. Costopoulos, Esquire ENCLOSURES TODD JOHN SCHORY Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term CHRISTINE M. SCHORY Defendant :DIVORCE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD AND REQUEST ENTRY OF DIVORCE DECREE TO: Christine M. Schory 5130 Erbs Bridge Road Mechanicsburg, PA 17050 VIA CERTIFIED RESTRICTED DELIVERY MAIL NO. 7010 1870 0000 6635 5179 Todd John Schory, Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record on or after September 14, 2012 requesting that a final decree in divorce be entered. BY: Jeanne B. Costopoulos, Esquire ~~~ 130 Gettysburg Pike, Suite C Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 221-0900 Dated: ~ ~ /~ ATTORNEY FOR PLAINTIFF TODD JOHN SCHORY Plaintiff v. CHRISTINE M. SCHORY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(d) of the Divorce Code. 2. Date and Manner of Service of the Complaint: Service by certified, restricted delivery mail on January 22, 2007. See Affidavit of Service previously filed. 3. Date and Manner of Service of Plaintiff's Petition for Related Claims filed January 27, 2012 adding a divorce count under §3301(d) of the Divorce Code: Service by certified, restricted delivery mail receipt no. 7010 1870 0001 6880 2113 on June 30, 2012. 4. Date of execution of the Plaintiff s affidavit required by §3301(d) of the Divorce Code: June 18, 2012; Date of service of the Plaintiff's affidavit upon the Defendant: June 30, 2012. 5. Related claims pending: None raised. 6. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: Service by certified, restricted delivery mail no. 7010 1870 0000 6635 5179 on .See attached Affidavit of Service. BY: Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 221-0900 Dated: ATTORNEY FOR PLAINTIFF TODD JOHN SCHORY Plaintiff v. CHRISTINE M. SCHORY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ^ (a) I do not oppose the entry of a divorce decree. ^ (b) I oppose the entry of a divorce decree because: Check (i), (ii), or both: ^ (i) The parties to this action have not lived separate and apart for a period of at least two years. ^ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ^ (a) I do not wish to make any claim for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. ^ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees, or expenses or other important rights. I hereby verify that the statements made in this Counter-affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Signature: Christine M. Schory a .~~ s ~~ ~f1LJ ~~lL C3tJ ~1Stt°F, ~U 1 i ~O~ f~ ~ Iti ! .i' ~ 5.. TODD JOHN SCHORY CUMBERLA~i~ CE~C1i~tTIX-IE COURT OF COMMON PLEAS Plaintiff~ENN5Yl.VA~l~UMBERLAND COUNTY, PENNSYLVANIA v. No. 07-254 Civil Term CHRISTINE M. SCHORY Defendant : DNORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(d) of the Divorce Code. 2. Date and Manner of Service of the Complaint: Service by certified, restricted delivery mail on January 22, 2007. See Affidavit of Service previously filed. 3. Date and Manner of Service of Plaintiff's Petition for Related Claims filed January 27, 2012 adding a divorce count under §3301(d) of the Divorce Code: Service by certified, restricted delivery mail receipt no. 7010 1870 0001 6880 2113 on June 30, 2012. 4. Date of execution of the Plaintiff s affidavit required by §3301(d) of the Divorce Code: June 18, 2012; Date of service of the Plaintiff s affidavit upon the Defendant: June 30, 2012. 5. Related claims pending: None raised. 6. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: Service by certified, restricted delivery mail no. 7010 1870 0000 6635 5179 on ,~W~~' ~~r 2~1Z .See attached Affidavit of Service. BY: Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 221-0900 Dated: ~~ ~° ~ 2 ATTORNEY FOR PLAINTIFF TODD JOHN SCHORY Plaintiff v. CHRISTINE M. SCHORY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-254 Civil Term DIVORCE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSNIIT RECORD AND REQUEST ENTRY OF DIVORCE DECREE TO: Christine M. Schory 5130 Erbs Bridge Road Mechanicsburg, PA 17050 VIA CERTIFIED RESTRICTED DELIVERY MAIL NO. 7010 1870 0000 6635 5179 Todd John Schory, Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record on or after September 14, 2012 requesting that a final decree in divorce be entered. ~~ BY: Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 221-0900 Dated: ~ ~ /~ ATTORNF,Y FOR PLAINTIFF TODD JOHN SCHORY V. CHRISTINE N1. SCHORY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-254 DIVORCE DECREE AND NOW, ~_,~, ~ , it is ordered and decreed that TODD JOHN SCHORY plaintiff, and _ , CHRISTINE M. SCHORY ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Ncne. -.. B ourt;``~ ~~ ~J Attest" r-. ,? J. ,~ j , Pro~ionotary ° ~~~ • co-~~ /Nor' ~ C~C/ ~ ~ ~'o~c°/b~v ~G ~..s ,(~o~~ e ~° ~op,~ ~~,~a~2