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HomeMy WebLinkAbout98-00955 i.. ~ ~ ~I I 1 i I ~ ~ '" " , t. "-, ~\ ~ \ ;-.. - .~ ,tj I ~I ~I t '" ~' I , J / / / I / / / / ,/ ~ 00, . ~ I \ Fir r:r (w T' """J ,-I - '}i','fl" 1/,," (\., F'-~ ';0 'I' .~! '1 i' '" , '(,() (.,'/',)' n,- j, '-.,' .h CUi"', " ' y 0;:';,;";,1,,_ ". ()",' ,'\1 \1 I ~~IJ"'!\"I/'\ ",,1\[/ , '-;'./ ,~.:,,\--'r,'\ ' , Ol~ ff tV 1tfP/ 1114:&V d dt t~ ,} oI?'~ ''mt/;; --11'~'~ t ~#f" , ~ ,,;Jt. if' ~}!.1 ~~'t" ~'A_ 711. ~J ;/--&' '. ;' SCOTT M, RUPPERT, Plaintiff, ii, IN THE COUR'!' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LISA C. RUPPERT, Defendant NO. CIVIL 199 ORDER OF_QQ.!!Rf 199 , upon consideration of complaint, it is hereby directed that the their respe~tive counsel appear before , Esquire, the conciliator, at , PennSYlvania, on day of , -199 , at 0' cloci<' . m" 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 accomplish€od, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the chi ldrens attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. AND NOW, the attached parties and --~- FOR THE COURT, By: Custody Concil iator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYk;R 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-.J166 STONESIFER AND KELLEY A l'rtl(rf/j~tldl C~rp~nltio" ^'nOltNEYS AT I AW 2011Ilr.IJdw.ty H~nnV~I, 1~lllllylv;tn'l~ 17.\.11 717.(,\1.016.' IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT M. RUPPERT, Plaintiff, No. 9 f. q:;s Cu.~ '0.....,. vs In Custody LISA C. RUPPERT, Defendant COMPLAINT FOR PARTIAL CUB TOny AND NOW, this __ day of ,_.' 1998, Plaintiff, by and through his attorneys, Stonesifer and Kelley, files a Complaint for Partial Custody against Defendant, and in support thereof, avers the following: 1, Plaintiff is SCOTT M. RUPPER'!', Father, who currently resides at 135 Orchard Lane, Hanover, Pennsylvania 17331. 2. Defendant is LISA C. RUPPERT, Mother, who currently resides at 216 East LOQust street, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks partial custody of the following ohild: Name Present Address O.O.B. Whitni N. Ruppert 216 East Locust Street May 31, 1994 Mechanicsburg,PA 17055 I verJ.fy that the statements made in this Complaint For Partial CUstody true and correct. I understand that fa~se statements herein are made subject to the penalties of 18 Pa. c.s. Section 4904 relating to unsworn falsification to authorities. . ;/G !9f1 Date ~rn~~j- Scott M. Rup ,rt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SCOTT M. RUPPERT, Plaintiff ) ) ) ) ) ) ) NO. 1998-955 CIVIL TERM vs. LISA C, RUPPERT, CIVIL ACTION - LA W Defendant ORDER AND NOW, this )~ tt.. day of ~ _, 1998, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this temporary Order which was dictated in their presence and appl'Oved by them and their counsel, it is hereby ordered and directed as follows: l. The parties shall share legal custody of their minor child, Whitni N, Ruppert, d.o, b, May 31, 1994, 2. Mother shall have primary physical cllstody of the minor child subject to periods of supervised visitation with Father to occur on a minimum of once a week at the times to be agreed upon by the parties at the location to be agreed upon by the parties. If the parties cannot agree upon a location, then the location shall be at the Mother's residence. 3. The parties agree that they shall submit themselves and their minor child for an aPPl'Opriate review of the situation by Guidance Associates. The parties shall evenly share the cost of this review. Guidance Associates are specifically instructed to try to determine what, if anything, happened with the by the Mother in November, 1997. Father steadfastly denics that he had any improper contllct with his daughter and wants to I'csumc a regulllr schedulc with hcr. 6. The Defendant's position on custody is as follows: Mother cCllscd the visitation schedule with thc Fathcr on Novcmbcl' 10, 1997. She ceased the visitation because of commcnts made to her by her daughter conccming some improper sexual contact with her. Upon hearing these statements lI'om her rlal/ghtel', she took her to her pediatrician. The Mother says that the pediatrician then made a report to Children and Youth although at the time that the conciliation was held, neither the Mother, Father, or either counsel had been contactcd by Children and Youth and there was no indication thaI any investigation had bcen completed. In addition, it appears that there is no physical evidence of any sexual contact. Mother reports that the child has experienced nightmares and resumed bed-wetting even though she has been potty trained for some time. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: See attached Order. 9. A hearing in this matter will take one day. 10. Other mattcrs or comments: Mother has raised some serious allegations against the Father in this case, Given the age of the child, and the lack of any physical evidence, proving these allegations will be extremely difficult. The Conciliator related to the Mother that it is her burden of proof to show the court that the improper sexual contact actually occurred if she expects the court to cnter an order requiring the Father to continue to have supervised visitation. '~. AND NOW, this .~ day of .~h comes the Plaintiff, Scott M. Ruppert, ~y 1998, SCOTT M. RUPPERT, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law LISA C. RUPPERT NO. 1998-955 civil term MOTION FOR CONTINUANCE and through his attorneys, StonesIfer and Kelley, p.e., and moves this Honorable Court for a Continuance of Custody Hearing. As grounds therefore he states as follows: 1. On February 19, 1998, Plaintiff filed a complaint for partial custody thus initiating the instant action. 2. On April 2, 1998, a Conciliation Conference was held and as a result of the conference report this Honorable Court set the matter for hearing to be held on July 20, 1998, at 1:30 p.m. 3. As part of the scheduling Order the Court directed the parties submi t themselves to Guidance Associates for an appropriate review and possible resolution of issues presented by the parents in this case. STONESIFER AND KELLEY 4, The parties have complied with the Court's order A i'rrIfrui_1 C~'~I'lII"~~ ,,'ITORNI\YS AT t.AW 209 Rf(ut!~y H.nove,. Pt"nsylv~tlll 17Hl 717'(1,'2.1)16.1 and the possibility of settlement in this matter exists wi th the parties continued cooperation with Guidance Associates. 5. Plaintiff requests continuance of hearing to give opportunity for amicable resolution and if same occurs an agreement will be presented for entry as a Court Order. 6. Defendant's attorney, Keith B, DeArmond, Esquire, has been notif ied of the request for continuance and agrees to same. WHEREFORE, Scott M. Ruppert, respect.fully requests Your HOnorable Court grant the general continuance of the Custody Hearing at the call of either party. Respectfully SUbmitted, STONESIFER AND KELLEY E. Erb, '" Esqulre 1.0 57869 Attorney for Plaintiff STONESIFER & KELLEY, P.C. 209 Broadway Hanover, PA 17331 SCOTT M. RUPPERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law VB. LISA C. RUPPERT, Defendant NO. 1998-955 civil Term CERTIFIOATE OF SERVICE I, Joseph E, Erb, Jr. , Esquire, attorney for ~laintiff, hereby certifies that on July 17, 1998, mailed to Keith B. DeArmond, Esquire, attorney for Defendant, a copy of the Motion for Continuance ,in t.he follow.ing manner: Keith B. DeArmond, Esquire 2800 Market street Camp Hill, Pennsylvania 17011 I l 1 if, I , l/ 'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT M. RUPPERT, PllIintiff CIVIL ACTION - LA W V. IN CUSTODY LISA C, RUPPERT, Defcndullt No. 98-955 PRAECIPf~ FOR WITHDRAWAL m' APPEARANCt<; TO THE PROTHONOTARY: Plcasc withdl'Uw my appeal'HlIce on behlllf of the Plaintiff, Scott M, Ruppert, in thc lIbove- captioned matter, Dute: -L -1- 0 ? C '=;j'\ , - ~- ~-h-----~- Jos e i1 E, Er~f: JI'" Esq. Att 1'1 cy 1.0, No, 57869 , ST ESIFER & KELLEY 209 Brolldwuy HlInover, Pennsylvllnill 17331 " PRAECIPE FOR ENTRY OF APP~:ARANCE TO THE PROTHONOTARY: Plellse eliteI' my uppcurancc on bchalfofthe Plaintiff, Scott M. Ruppert, in the ubove- captioned matter. HANFT & KNIGHT, P.C. Dale: J/$DL p, \Ut~t Fnldtt\flinn f)oc5\(JlJ'nd(;~s200J\J~62.1pnlq,2,wl1hdmw6<tll(Cr, W[l\1 Attorneys for Plaintiff , , ! " :1, (',r.'W~:,',t~'"!r\;,,tt;~"t{, ,~ , ..' c,~-_ .y"l'l"J[O"J"Il'h"~Ili,l'''S':'''i'lf/'jl'~=li'R'' J 'l' ~ '. . -,' :,,-1J",-_~{'~~ .~~g{~'Jft-\l~fd'fl"I~_t~~~~l~~_ _. ',_ _ _;,,__~ -- _l'J~_-ifj,_f,,~l)itf':'l\:ii /-'fI~'T'~V~'b!\;j~::;';.f;,:-W..~1,~H;m\ t(~f;.~ ~~-1t1i\~ri'1,~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT M. RUPPERT, P0titioncr CIVIL ACTION - LAW v. No. 1998 - 955 (Civil Tcml) LISA C, CORNMAN, f/k/a LISA C. RUPPERT, Respondent (In Custody) CERTIFICATE OF SERVICE AND NOW, this 21st day of August, 2002, I, Lindsay Gingrich Maclay, Esquire, hereby certify that I have this day served the following persons with a copy ofthc Petition to Modify Custody, by first class, United States Mail, postage pre-paid, addressed as follows: Gregory L. Cutler, Esquire Law Office of Paul Bradford 01'1' 50 East High Street Carlisle, Pennsylvania 17013 HANFT & KNIGHT, P.C. Attorneys for Plaintl ff \\Carli$1~I\n~h_d.lla\U1~r (loMe! 'Pinn tlll~~\Ocnt/Il(~J(l0}'\2J(il:l ,~CflilftorvWrd ... ,... (:; .~ "I .. j?.: n C'1 ,;,)~ ~~:~: ' ).' :c (')4 11..1;' c'- " ~ (lit, (.)~ ~IV' ~!~~ \" N 12 '~lr' (.!l \~ (l. :':: ;a l,~ 1,-' ~~ ~ N a 0 , SCOTI'M. RUPPERT PLAINTIFF IN '1'111\ COURT OF COMMON PLEAS OF CUMIIERI.AND COUNTY, PENNSYLVANIA V. 98-955 CIVIL ACTION LAW LISA C. CORNMAN, F/K/A LISA C. RUPPERT DEFENDANT IN CUSTODY ORUER OF COI'RT AND NOW, ___,_\~~~nesdaJLA...l'lltlst 28,2002._,._, upon considel'lltion of the IIttachcd Complaint, It is hereby directed that parties and Ihl,ir respeetivc coullsc\appellr beforc~a_equell!l.~M.~e!""l:L~~,_, the conciliator, lit 4th Floor, Cumberland County Cour~IE.!Ise,,~:arllsl~. on _~Vednesday. ~,,-tember_18. 2002 at I :30 PM for a Pn~-Hearing Custody Confcrence, At sUl,h confcrenee, an enort will he made to resolve the issues in dispute; or if this eunnot be accomplished, to deline and nurrow the issues to be heard by the court, and to enler into u temporary order, All children uge live 01' older mny also be I'>rescntut the confcrcnce, Fuilllrc to uppeur at the conference may provide grounds for entry of u temporary or permanent ordcl'. The court hereby dlreets the parties to furnish an)' and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conelllator 48 hoUl's Ilrior to scheduled hearing. FOR THE COURT, By: _'!'sj-_.J~1/e.lille.MJ1.erMy..ESfJ-~J~_ Custody Conciliutor ~ , I The COllli of Common Pleus of Cumberland County is rcquired by luw to comply with the Americans with Disabilites Act of 1990. For informution about ucccssible facilities and reasonable accommodations available to disabled individuals having business bcfore the court, please contact our ofliee. All arl'llngements must be made at least 72 hours prior to uny heuring or husincss he fore the court. You must attend the scheduled conference 01' hearing, YOU SHOULD TAKE nlls PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 I.iberty Avenue Cm'lisle, Pennsylvanill 17013 Telephone (117) 249-3166 " "r u"'C. 1'1' (:',',' ini "."r, 1 ,nv ~ . " _~ ,'- I \"',\ \ ) \1\]'\ \ ("It: \ '" ...ot f'\ \\~ \ v 02 ~\\(; I: (\ \. , "lJ"J"rrl \" ,.,,) \,' C\.l\;\,,;,~,\ \;~2;'{l 'i!,}'\\/\ Pc: ',I',) - ft' c)g .O~ 11 bl&" o~ '3'r;) ff '(J d . &vi ~~ ~ ~,a; ~L ~d?/;~ ,uut4Jf# ,t. 'U)' ~ ~~'~~~, 4d~~ , AUG 21 20rt. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT M, RUPPERT, Petitioner CIVIL ACTION - LA W v. LISA C. CORNMAN, f/k/a LISA C. RUPPERT, Respondcnt No, 1998 - 955 (Civil Term) (In Custody) ORDER OF COURT AND NOW, this -- _ day of .,2002, upon consideration of the attached Petition for Modification of a Custody Order for Minor Children, it is hOl'eby directed that the parties and their respective counscl shull appear beforc -' the Conciliator, at on the -- day of --____, 2002 at __ ,01., for a Pre-Hearing Custody Confel'cncc. At such confcrence, an cffol't wi II be made to I'csolvc the issues in disputc; 01' if this cunnot bc accomplished, to definc and narrow thc issucs to be heard by thc Court, and to enter into a Temporary Order. All children agc fivc 01' older shull/may also be present at thc Confercnce. Failure to appear at the Confel'encc may pl'Ovide grounds for cntry of a tcmporary or pcmlancnt Ol'dcr. FOR THE COURT, By:. - Custody Conciliator (), V I Ii I' I I ~~ AMI<:RICANS WITH DISABILITIES ACT The Court of Common Plcus of Cumberland County is required by law to comply with the Amel'icans with Disubilitics Act of 1990. For infol'lllution about ucccssiblc fucilities und l'eusOllublc accommodations uvuilable to dis<lhlcd individu<lls having business bcforc the court, please contact our office, All arrangements lIlust be made at least 72 hours prior to any heuring or busincss before the court, You 111 list attend the schcdulcd conferencc or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LA WYER 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 Associalion 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 5, Pctitioncl' hus previously participatcd in litigation conccrning custody of tho above-l1l1mcd Child at the abovc-refcrcnccd terl11 and nUl11her. 6. The Child is presently in the primary physical custody of Respondent, USll Cornman, pursuant to an agl'clJll1cnt of the parlies and to the July 23, 1998 Order issued by the Honol'llble Edward E, Guido, attached bel'cto as Exhibit "An and ineorpol'lltcd by rcfcrencc as if fully set forth herein, 7. Prior to Judge Guido's July 23,1998 Ordcr, the parties shared Icgal custody and Respondent, Lisa Cornman, had primillY physical custody of thc parties' minor Child, subjcct to futher's periods ofsupcl'viscd visitation, pursuant to an April 26, 1998 Order issued by thc Honorable Edwul'd E. Guido, attached hcrcto liS Exhibit "Bn and incorpol'lltcd by rcfcl'encc ns if fully S(,t forth hCl'cin. 8, In addition to the Child's prcsent nddrcss, during the pust five (5) ycars, the Child has resided with cither Petitioncl' 01' Respondcnt at the following nddl'esses: Person( s) Addl'css~ Date(s) Lisa Comman 313 South High Strect June 200:! - Jason Cornman Meehanicsburg, P A present Lisa Comman .115 South High Street July 1999 - Jason Comman Mcchunicshurg, PA May 2002 Lisa Cornmun Main Strcet July 1998 - Jason Cornman Mcchanicsburg, PA July 1999 Lisa Comman 216 East Locust Stl'ect July 1997 - Diane Hoffman Mcchanicsburg, PA July 1998 Lisa Com man Pail'licld, PA March 1997 - Maternal Grandparents July 1997 ,...,.... .._,~'f-':'.. Lisa Cornman Newville, PA Ootobtlr 1996 - Murch 1997 9. The I'elutionshlp of Petition 01' to the Child is thut ofnutuml fathcl'. The Petltionol' currently resides alone in his house locatcd at 3505 Old Gettysburg Road, Ortunnu, Adams County, Pennsylvaniu. 10. The I'elutionship of Respondent to thc Child is that of nut ural mothcl', The Respondent currently resides with hcl' husband, Jason COl'l1man, in thch' homc locuted at 313 South High Streot, Mcchanicsburg, Cumberlund County, Pennsylvunia. 11, Petitioner has no information of a custody proceeding concerning tho Child pending in a Court of this Commonwealth, 12. Petitioncl' docs not know of uny other pCl'son nor any party to the proceedings, besides those who have been notified by this Petition, who has physical custody of the Child or claims to have custody or visitation rights with rcspect to the Child. l3. The best intcl'csts und permanent welfare of the Child will be servcd by granting the relief requested bccausc it is in the Child's best interest that continucd quality contact with Petitioner be not only pennitted, out ulso supported, by Respondent. 14. Euch purcnt whose pUl'cnta\ rights to the Child has not been terminuted and the person who has physicu! custody of the Child has bcen named as parties to this action. All other persons, named bclow, who arc know to huve to claim a right to custody or visitation of the Child will bc given notice of the pendency of this uction and the right to intcrvenc: none. 15. Petitioner, Scott M. Ruppert, is conccme(1 thut his relationship with his daughter is sufforing becuusc Rcspondent will not commit to a reasonable, consistent visitation schedule, 16, Petitioner, Scott M. RuppCl1, agreed to follow thc visitation recommendations in Stanley Schneider's April 12,2002 Icttcl'. A copy of Stan Icy Schneidcl"s April 12, 2002 letter is attached hCl'cto as Exhibit "e" and incorporatcd by I'el'crcnee as i I' fully set forth hcrcin. 17. Petitioncr, Scott M, Ruppcrt, subjcct to Rcspondcnt, Lisa Cornman, allowing Whitni to scc Pctitioncl' for their sehcdulcd visits, has bcen cxcl'cising periods of supervised visitation since April 12, 2002. 18. In a Icttel' dated April 17,2002, Pctitioncr, Scott M. Ruppcl't, through his attomeys, proposed a I'casonablc, consistcnt visitation schcdule which took into consideration his irregular work schedulc, A copy of Pctitioncl"s April I." 2002 lettcr is attached hereto as Exhibit "0" and incorporated by refel'cncc as if fully sct forth hcrdn. 19. In a letter dated May 2,2002, Petitioncl', Scott M. Ruppert, through his attorneys, again asked that Respondent's counsel to consider the proposed custody arrangement. A copy of Petitioner's May 2, 2002 IcHel' is attach cd hereto as Exhibit "E" and incorporated by reference as iffully set forth hel'cin. 20, In a letter dated May 8, 2002, Rcspondent, Lisa Comman, through her attomey, made a counter-offer to Petitioner's proposcd custody arrangement. A copy of Respondent's May 8,2002 letter is attached hercto as Exhibit "F" and incorporatcd by I'cfercncc as if fully sct forth herein. 21. Petitioner bc1ic'Ves and thcrcfore avers that Respondcnt made thc offer in the May 8, 2002 letter becausc she knew that Petitioner works Saturday mornings and she knew that Petitioner works many cvcnings until 6:0001' latcl'. Exhibit "A" ,'') 11 I' I ' ~ ~. : i' :1 , [, .! '~I ' h " , I :, !i BCO'I"I' M. flUPPEH'I', Plaintiff IN 'l'lIE COUn'l' OF COMMON PLEIIS OF CUMDEHLIIND COUN'I'Y, PENNSYLVANIA civil Action - Law vs. hISh C. IWI'PEH'l' NO. 1990-955 civil Term .' ORDEH , AND NOW, thIs .;;g,<< day of _~___, 1990, based Upon the Mot.ion 01' Plaintiff, Scott M. Huppert, it .is HEREBY ORDERED that. t.he Custody Hearing scheduled for the 20th day of July, 1990, is cont.inued generally at the call of either party. BY 'l'~iE COURT, . '. /$/ 6L..-<.4( f: ,~ , , J.. STONESIFER AND KELLEY A~/~INII ATI'01\N8VS AT l.\W 207 "fOIId..., H.llaWt, PcflN,.fnnl. I "J I 7IHll.016) ~nuf. C(JPY fflQM R,r-;Cono 'n 1 t),')IIIIl'IflV '(I~';,:o'~:ltI, f tWtllllTl!!/ $~I my "and and tho Sual 01 said ell al Ca/,ijs!{l, I'a, Thill .'l daY1 (J _ _, 19.fJ" Prulhonotary ..r~: , . to give " , "'\hl.f"'~l""n';.:,,'~;: '", :"11..~\ (li,,',~I,~I~, '1"1:/ , f '/~~t,' ~1f;~f'iti./ "~'i, ,,1,;!f',: Order. I" 11, ' 1~ ., ':'", ,. .". 6. .'" has been notif ied of the request [or conUnuance and agrees to same. WI/EREF'OHE, Scott M. Huppert, respectful1y requests YOUr Honorable Court grant th. general continuance of the I Custody Hearing at the call of'e.Hller party. I I ,I' RespectfUlly SUbmitted, STONESIFER AND KELLEY I I E, Erb, EsqUire I.D. 57869 Attorney for Plaintiff STONESIFER & KELLEY, P.C. 209 BrOadway Hanover, PA 17331 , " I I I SCO'1"1' , I , 'I I LISA C. I ' 'I ~ I II I M. RUPPEH'l', Plaintiff IN 'I'JIE COUIl'I' OF COMMON PLEAS OF CUMUlmr,AND CO\JN'I'Y, PENNSYLVANIA civil Action - Law VS. RUPPER'l' , Defendant NO. 1990-95'!3_C.tvil 'I'erm , CERTIFICATE OF SERVICE I, Joseph I' H Rrb, .Jr.. I Esqui.re, attorney f.or: Plaintif.f, hereby certifies that on July 17, 1998, mailed , I to Keith B. DeArmond, Esquire, attorney for Defendant, a i copy of the Motion for continuance in the following , II manner: i Keith D. DeArmond, Esquire , 2800 Market street Camp Hill, Pennsylvania 17011 " i I I' ,I II :1 \i ,I II I,j I' !I ,I 'I I, :1 , ','f. ONESIFER o J:(.ELLEY i A~~ I ATRlIUlI'/I AT lAW " ItMd '~j". . _1CIf..""'Ii~'mtlll',,,;,,'" , ~:I;oQl"I6J'.'.~._l!::' ;'.~,I,-,'-.:_, ,f-",.\', Ltr.!!.li,.-..I.lU.''''~I.{.. ;;"'t-f, ,1,..,\ -J"'J ~ ".._r.l,i,. '. , " . ", . ~Tt':'! by the Mother in November, 1997. Father steadfastly denies ~hat he had any improper contact ~, with his daughter Dnd wants to resume a regular schedule with her. 6. The Defcndant's position on custody is as follows: Mother ccascd the visitation schedule with the Falhcr on November 10, /997, She ceased the visitation because of comments made 10 her by her daughter concel'lling some improper :;exual contm:( willl her. Upon hearing these statements fi'om her daughter, she took her to her pediatrician. The Mothcl' says that the pediatrician then made a rcpOl't to Children and Youth although at thc time that the conciliation was held, neither the Mother, Father, 01' cither counsel had been contacted by Children and Youth and there was no indication that any investigation had been completed. In addition, it appears that thcre is no physical evidence of any sexual contact. Mother reports that the child has experienced nightmares and resumed bcd-wetting even though she has been potty trained for some time, 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: Sce attached Order. 9. A heating in this matter will take one day, 10, Other matters or comments: Mother has raised somc seriouD allegations against the Father in this case. Given the age of the child, and the lack of any physical evidence, proving these allegations will be extremely difficult. The Conciliator related to the Mother that it is her burden of proof to show the court that the improper sexual contact actually occurred if she expects the court to enter an order requiring the Father to continue to have supervised visitation, 64/18/2002' 12: 37 7177325375 I GUIDANCE ASSOCIATES PAGE 62 .' , GUIDANCE ASSOCIATES OF PENNSYLVANIA 11 .121!11ol'd ROld, Camp Hill, PA 17011 (717) 732-2917; FAX: (717) 732.11375 $t.nt.y I!, 8<:hnel....lo!d,D, .7aW"t Oovlmor ROld, HI~h.y, PA 17033 ,(717) 833-'312 Ol_tor. April 12, 2002 Lindsay Gingrich Maclay, Esquire Law Office of Michael J. Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle. PA 17013-9142 Re: Scott M Ruppert Dear Attorney Maclay: I am sending a summary of my Involvement with Scott. I initially was consulted by both Scott and Lisa Ruppert regarding partial custody between Scott and the couple's daughter, Whltnl. My Involvement began in April of 1998. Scott related that had only seen Whltnl three times since 1997. He alleged throughout my contacts with him, that Lisa was not promoting nor supporting contact between Scott and Whltn!. I worked with the parents through August 1998. To that point in time, Scott admitted that he had "not been the father I should be" referring to his not being consistent, predictable or regular In whatever contact he could have had with Whltnl. Although Scott vernalized a desire to be Involved with Whltnl, the pattern as I understood it, regarding his contact with her was erratic enough so that Lisa's posture In this matter was to protect Whltnl from any untoward distress since Whltnl's relationship with Scott was during this time frame, inconsistent. My last contact with Scott occurred In December 1998. We discussed his Inconsistent contact with Whltnl and the Impact on her. At that time he reported engaging In over- the-road driving for his brother. I-Ie stated that he was trying to get his life back on track, after which or concurring with the wish to bring Whltnl on track - meaning that he would like to have regular contact with her, I suggested the parents talk to one another to see If they could work out an arrangement that would re-connect father and daughter. Having no contact with the parents since Dacember 1998 and assuming that Scott has not had regular on-going contact with Whltnl, I believe It would be appropriate to suggest that Scott's re.entry Into Whllnl's life begin with a couple of hours, perhaps two 04/1b/2002 12:37 ~f--', 71 77325375 .-....'{ GUIDANCE ASSOCIATES PAGE 03 ..' ... - Scott M. Ruppert Page 2 times a week, under supervised conditions. This would allow Lisa to develop a level of comfort regarding father/daughter Interaction and also begin to re-connect father and daughter. Assuming that the visits go well and there would be no distress evidenced by Whltnl and Scott Is consistent In his contact, visitation/partial oustody could be expanded over the next few months to more hours to a half to full day and then eventually to ovel night. This Is my recommendation for the next six months, I trust this Information Is helpful. Respectfully, o 0 C.i; , ..A., t; '.>'1~ G cX.'~~~ Stanley E. Schneider, Ed.D..R.C,E, Psychologist Registered Custody Evaluator " ':"".-;-."'.' '-.'.j,!; .... ,.... Exhibit "D" - ('"AUL BRADFORD ORR LAW OFFICES 50 EAST HIGH 51'1-1111\1', CARLL~LF., I'A 17013 I'HONP. (717) 258-8558 FAX (717) 258-5289 , r.ul Dr...ford Orr, Eoqulr. o..s<<y L. Cull<<, liaqulro' 11........1. Smith, r".legal April L. Iloalrid<, r."I"Il'1 EMAlL lnfo@.."law.co." 'Aloe, Admltlod 10 /d.I')'...... IIor May 8, 2002 Lindsay GingrlchMac1ay, Esquire HANFf & KNIGHT, P,C. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 RE: Ruppert v, Ruppert (Cornman) Docket No,: 98-955 Dear Lindsay: The purpose of this letter is to respond to your correspondence dated May 2,2002, and to offer a counter-proposal. The proposal contained in your letter of April I?, 2002, is not acceptable to my client because it would essentially prevent my client from pursuing many weekend activities with the child. However, my client is willing to let the father spend some weekend time with the child, In that regard, my client proposes the following schedule: 1. Every other Saturday and Sunday, Visitation times for Saturday would be 8:00 AM until Noon. Visitation times for Sunday would be 3:00 PM until 5:00 PM. ' " ., 2, Every Monday from 5:30 PM until 7:00 PM, 3, All visits to be supt.'fVised at my client's residence. Your time and effort in this matter is greatly appreciated, If you have any questions, please feel free to give me a call, Sincerely, Ja- OLe/ad ce. Lisa Cornman on 2 5 ZIl(J{~ SCOTT M. RUPPEIH, Plaintiff : IN THE COllin OF COMMON PLEAS OF : ClJMIJERLANU COUNTY, I)ENNSYLV ANIA v, : NO, 199H-955 CIVIL TERM LISA C. CORNMAN, f/k/ll LISA C. RUPPERT, Defendant : CIVIL ACTION - LAW : IN CUSTODY !)ROER OF COURT AND NOW, this ~~ day of D~_.___, 2002, upon consideration of the attached Custody Conciliation Rcport, it is ordered and directed as follows: I. The Fathcl'. Scott M. Ruppcrt. and the Mother, Lisa C, Comman. shall have shared legal custody of Whitni N. Ruppert. bol'l1 May 31, 1994. Each parent shall have an equal right. to be excl'cised jointly with the othcl' parent, to make all major non- emergency dccisions affecting thc Child's general wcll-being including, but not limited to, all decisions regarding her health. education and religion. 2. Mother shall have primary physical custody of the Child. 3. schedule: Father shall have partial physical custody on the following phased in A. Saturday. November 2, 2002 for foul' (4) hours, 12:00 noon to 4:00 p.m. B. Sunday, November 10,20021'01' foul' (4) hours, 12:00 noon to 4:00 p.m. C. Saturday and Sunday, November 23 and 24,20021'01' four (4) hours, 12:00 noon to 4:00 p.m, and 1:30 p.m. to 5:30 p.m. respectfully. D. Saturday and Sunday, Deccmbel' 7 and 8, 2002 for eight (8) holll's 10:00 a.m. to 6:00 p.m. E. Saturday and Sunday, December 21 and 22, 2002 1'01' eight (8) hours 10:00 a.m. to 6:00 p.m. F. Beginning January 3, 2003 altcrnuting weekends f!'Om Friday at 6:00 p.m. 10 Sunday at 4:00 p,m. during the school year and 6:00 p.m. during the summer. 4, The Thunksgiving holiday shull be shal'cd such that Father shall always have physical custody of the Child from 9:00 a,m. to 3:00 p.m. Mother shall always have physical custody oflhe Child 11'0111 3:00 p.m. to 9:00 p.m. 5. Christmus shull he divided into two Illoeks, Block ^ shall bc li'om Christl11l1s Eve III 12:00 noon to C'hristl11us Duy ul 12 :()() noon, Block B shull hc from Christmlls Duy at 12 :00 noon 10 Deeel11ber 26 ul 12:00 noon. Mother shallulwuys have physical cllslody ofthc Child forlllock A. Futhcr shall always huvc physical custody of the Child Illr Block B. 6. MOlher shull have physical custody of the Child on Mothcr's Day f1'ol11 9:00 a.m. to 6:00 p.l11. Father shull huve physical custody ol'the Child on Father's Day from 9:00 u.m, to 6:00 P,I11. 7. The parties shall shure Easter Duy wilh Mother alwuys having physical custody of the Child Irom 9:00 u.m, to 3;00 p,l11. and Father shall ulways have physical custody of the Child from 3:00 p.m. to 9:00 P,I11, 8. The purties shall alternate thc following holiduys lh'l11 9:00 u.m. to 6;00 p.m.: Memorial Day, July 41h und Labor Day, Father shall have physical custody of the Child on Mcmorial Day, 2003, In the cvent Ihat the Monday holiduys coincidc with Father's weekend periods of custody, his weekend shall be extended to include Sunday ovel'l1ight. 9. Father shull be entitled to three (3) non consecutive weeks in the summer pl'Ovided he give Mothcr 90 days prior noticc of the exercise of his wceks. 10. The Child shall not he rel110ved from the jurisdiction without prior notification to the non-custodial parent. Notification shall include the location and telephone number where the Child muy be I'cachcd. 11. Father shall be rcspunsiblc for ull transportation during November, 2002. Thereafter, the par1ies shull sharc tl'Unspol'tation such Ihat the rccciving party shall transport the Child. I I ! l 'f. ~ I I' , J ,. ., 12. The pal1ies arc entitled to liberal telephone contact with the Child at reasonable times and frequency. The parties shall keep each other advised of their current telephone nUI',bel'. 13. Neither party shall do or say anything, 01' permil a third party to do 01' say anything which may estmngc the Child frol11 thc other parent, injure the opinion of the Child as to the othcr par'ent, 01' hamper the fl'ce and natural development of the Child's love and respect for thc other pal'enl. 14. This Order is entered pursuant to an agreement or the purties at a Custody Conciliation Conference. The parties may modify the pl'Ovisions of this Order by mutual consont. fnthe absence ol'l11utuul consent, the lerms of this Order shall control. :.1 '-It"',p" ~": "