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HomeMy WebLinkAbout01-0675 FX . ,;." :,h- - - ' _ '~"" -,- , <-""'~ --~- ,- ~ , .' '" ~f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, Plaintiff . . : NO. 01- I,. 76' civil Term v. IN CUSTODY o 0 u~ " '?, nl r~~,. r., . - f Z!J! ;;::'0 '-:~;F] f~ S~ I ~- -~; LI-.~ -.,,-"'7 l".:;; _ <; ,-,' ~C :::;<S .2=; ;:';:,,, ",:C .= .'\jj __:;:e:.' c5 .>:c) J>- C': \.0.'. rC--::; :TI :;2 -' ~ C:, ~i t'0 -< WHEATLEY, by and ,- ,( RICHARD F. RUFRANO, Defendant . . COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, THERESA L. through her attorney, Maryann Murphy, Esquire, of MidPenn Legal Services, and respectfully files this Complaint in Custody, and in support thereof avers as follows: 1. Plaintiff is THERESA L. WHEATLEY who resides at 217 East Walnut Street, Shiremanstown, Cumberland County, pennsylvania. 2. Defendant is RICHARD F. RUFRANO who resides at RR1, Box 41H, Harnden, New York. 3. The minor child involved in this action is: EMILY MARIE RUFRANO, born December 19, 1997 4. Plaintiff is the biological mother of the minor child. 5. Defendant is the biological father of the minor child. ,-.'.- - --~ ;,-,,';'-;, o_-"',,,-_,! 1 6. The child was born out of wedlock. 7. The child has resided with plaintiff since birth. On January 24, 2001, Defendant picked up the child from Plaintiff's residence for a three-day visit, and is now refusing to return her to Plaintiff's custody. 8. During the lifetime of the child, she has resided with the following persons at the following addresses: Dates Addresses Persons birth-2/98 4406 Chestnut Street Camp Hill, PA Plaintiff/Defendant Plaintiff's parents 2/98-3/98 Nomad Motel Lancaster, PA plaintiff/Defendant 3/98-4/98 2880 Terry Lane Lancaster, PA Plaintiff/Defendant 4/98-12/98 4406 Chestnut Street Camp Hill, PA Plaintiff/Plaintiff's parents 12/98-6/1/00 5 Adams Street Apartment #10 Enola, PA plaintiff 6/1/00-present 217 East walnut Street Shiremanstown, PA Plaintiff 9. Plaintiff is single. 10. Defendant is married. -, "_c~ ~c. , ~L ~, .,; ^. . ~,_.-.> '-"- .-L...,'.Q:', 1 11. Under a Protection from Abuse Order issued on July 16, 1998 in Lancaster County, Pennsylvania, Plaintiff was awarded primary physical custody of the minor child. (The Order is attached hereto, incorporated by reference herein and marked as Exhibit IIA") . 12. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the minor child in this or any other Court, except as set forth above. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or in any Court except that Defendant told Plaintiff that he had "made application" for custody of the child in New York. Plaintiff has not been served with any documents from New York. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child, or claims to have custody or visitation rights with respect to the child. 15. Each parent whose parental rights to the minor child have not been terminated, and the person who has physical custody of the child, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the , ~. , I ~- ~, " ..,"".-. .,-~<,-"'" - --~-- ~ )- pendency of this action and the right to intervene shall be given, other than to the parties named herein. 16. The best interests and permanent welfare of the minor child will be served by granting primary physical custody to Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree granting her primary physical custody of EMILY. Respectfully submitted: Maryan Murphy, Es MID PENN LEGAL SERVICE 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. #61900 Attorney for Plaintiff e~ -". ,. '~_ "'-,~, ,,' -,' '" '6.' ,'- -~~:; VERIFICATION I, THERESA L. WHEATLEY, do hereby verify that I am the Plaintiff in the within action, and that the statements made in the foregoing Complaint in Custody 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. ~ \-o( Date ~, ", . ..~ _ 'd.__~'_~' .- n_ ., , - ". ..'~ ';1~F~{~1~~ ~~;.-. .. i..".....~.........."'... . . ...... . .. :~:; ,.,".:~~~:ir~:- IN THE COURT OF COMMON PLEAS OF l..ANCASTER COUNTY. PENNSYLVANIA CIVIL ACTI\JN -LAW - Teresa Rufrano C" r-~' . <0 ::::! co ..... - -; r- :;:; _.- .." -..J '=' :0:. v. No. CI- 98 -04762 ~... .. -- -- ~~ :>: U)';. Richard Rufrano - ::::.. ~ :"(,.: ~ :.::j ::!I- ., ORr~R :-:::; ~ .--:.. =: - " AND NOW, this L(a t!r day of July, 1998, upon agreement of the ~es in op~ Protection From Abuse Court, without a finding of abuse and without admitting to the allegations in the Petition, the following Protective Order is entered: 1. Defendant, Rufrano, is hereby prohibited from abusing, stalking, threatening, or harassing in any manner, including by telephone, Theresa Rufrano, either physically or by verbal threats, wherever she may be and is specifically excluded from her current residence, or any other residence she may establish. The Defendant is further prohibited from having contact or communication by any means with the Plaintiff. Communication regarding the child of the parties, shall be conducted through the Plaintiff's parents or Children and Youth caseworker, Janelle, of Cumberland County. 11le Defendant is further restrained from entering the place of employment or business or school of the Plaintiff and/or minor child. 2. Primary physical custody of the child of the parties, Emily Marie, age 7 months, is granted to the Plaintiff, mother. Defendant shall have supervised visitation at the \ 1\ 1\ It t f. h I \:II + 1\ NOTICE OF ENTRY OF ORDER OF DECREE PURSUANT TO PA.R.C.P. NO:236 NOTIFICATION-THE ATTACHED DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY OF LANCASTER CO" PA DATE: .1111 1 7 iS911 ,,=-..'.'. .,. . . '. I . .::~" "- -... -'- ........ - .._.~-.- ~ Cumberland County Children and Youth Agency, the specifics of said supelVised visitation to be determined by Janelle, the assigned caseworker. 3. The Plaintiff may retrieve her possessions including the birth certificate and social security card of the minor child, from a shed located at the Defendant's former residence, the location he stated her belongings were contained within, at her convenience. 4. The Defendant is hereby notified that if he violates this Order, he may be held in indirect criminal contempt which is punishable by a fine not to exceed $1,000 and by a sentence of up to six (6) months in jail and by other possible relief, or he may be held in civil contempt. Beginning to or resumPtion of living at a residence to which the Defendant is excluded by this Order could result in a finding of indirect criminal contempt or civil contempt. Consent of the Plaintiff to resume contact or cohabitation does not invalidate, nullify, or void the provisions of this Order as it relates to the prohibition against abuse. Further, any violation of this Order may also constitute a crime under the Pennsylvania Criminal Code, and those penalties may be in addition to those imposed as contempt pursuant to this Order. 5, Any police department having appropriate jurisdiction pursuant to the Protection From Abuse Act, 23 P.S. S6101 et ~., may arrest Defendant for violation of said Order without warrant upon probable cause whether or not the violation is committed . '.- <- "- ....-.. .---- . _ _M__, ....': _a.' U:~'-:;;= in the presence of the police department The Defendant's date of birth is April 3, 1985, and his social security number is 128-58..s57 4. 6. This Order shall remain in effect for five months from the date thereof. 7. Costs of this proceeding are placed on the Defendant. Costs are to be paid at the Office of the Prothonotary of Lancaster County by September 16, 1998. BY THE COURT: .4:>9-,,);:' ~CO J. ATrES~4~0 Copies to: .........County Control 68001 P aj:~ DZlI5!1r-tmeAt ""--Pennsylvania State Police Defendant- Copies received at Courthouse: YJ Central Pennsylvania Legal Services ' Attorney for Plaintiff, Rebecca Cheuvront, Esquire (3) (-7 Attorney for the Defendant, Michael Mongiovi, EsquirelP.D.(2.J ,'- ,",'- , , ,- ,,~~,,-' ~_, -, .'~,'-""-_..k',_ ~"f_.. j. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, Plaintiff : NO. 01- Civil Term v. : . . RICHARD F. RUFRANO, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2001, a true and correct copy of the Complaint in Custody was served upon the Defendant by placing a copy of same in the United States Mail, first class, postage prepaid, certified/restricted delivery, addressed as follows: Richard F. Rufrano RR1 Box 41H Harnden, N.Y. 13782 Maryan Murphy, Esqu' re MID PENN LEGAL SERVICES B Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D.#61900 Attorney for Plaintiff ~ i1ilI~"hil<i,fjl~~2llliiWiilli~,,~~iIl'.!.i~~!llilJ~i4,jj<~~~ilmWIIlllil'jiLll I-~~ ~ ,," ., _="","'" l,r..~,,'__' ~~,^,,, _~_> "',, .,,~,,", ",,' ,~.".,,~., '" '.',,?.,,',,-'-." ",t"" ;:F,'. ,,'"~~_ ". "'.~.' ."""~I. .;, ",.". -~. , ,,,=,,,,~". .~ , '"lilIIlm''''' ". 0 co 0 C "n "" -'1 ~ -0:,).': rr1 .-rJ nlrT! CO Z '''')''', :T; Zr.:..- I C.:} (n ",i;:;:~ ,,) <::) i -<-, () r- r--" --; :,;; ~, J:lm =1:. 1', ~ ~,. n ~ {-"l () Z (:J ~ rn > c: CO ~ ::5 Ul :D -<: ", -< \, t, "'" ~ ~ "\;) ~ \.) '" ': 0 ,,- ~ " . "h~ , '; ,.... ':-'J" -'"' .", ~ _ l.";:.",, '" ", " ',."~~-.'-jl"'-" ,., .;;_..; '_'I~~.;: ~" "~" "j& , ~ THERESA L. WHEATLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RICHARD F. RUFRANO, Defendant NO. 01-0675 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of February, 2001, upon relation of Marynn Murphy, Esq., attorney for Plaintiff, that a custody conciliation hearing is no longer necessary due to the court's ruling on Plaintiffs Petition for Special Relief on February 8, 2001, the Complaint in Custody is deemed moot. BY THE COURT, 1. .,'Jr ~ 00\ , . e-~ , \'\-~ '? Go~' o't- A-""- Maryann Murphy, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff Mr. Richard F. Rufrano RRl, Box 41 H Harnden, NY 13782 Defendant, Pro Se Court Administrator - Aa<<'/ ~ /, . .;;.. j) -&JlI;;~ :rc I I _~,:il\l\;;~\!,),S;\J~'I=1r1 /ut\'; >~t) c.i"':'/":::'n~~'5;';Vn8 71n 'II' ;i1.J ,- .. r f. ":-,~! h - '.\~l ' I" '~ - Li.:.;.:! j U Abt,~C,'i)i ,,':, :;0 ,. ~. ~ -,r;, ,. .1-- ,.'-. '~"l'" - -, .., - , - -',_ -, ;\'_ ',,-' '. .:' ..b.-'-' --:.~~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, : Plaintiff NO. 2001- 675 civil Term Y. : : RICHARD F. RUFRANO, Defendant IN CUSTODY AMENDED COMPLAINT IN CUSTODY AND AMENDED PETITION FOR SPECIAL RELIEF AND NOW comes the Plaintiff, THERESA L. WHEATLEY, by and through her attorney, Maryann Murphy, Esquire, of MidPenn Legal Services, and respectfully files this Amended Complaint in Custody and Amended petition for Special Relief, and in support thereof avers as follows: 1. Plaintiff is THERESA L. WHEATLEY who is temporarily residing at 15 Courtland Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is RICHARD F. RUFRANO whose address is RR1, Box 41H, Hamden, New York. 3. In paragraph number 9 of the Complaint in Custody, it is indicated that Plaintiff is single. 4. In Paragraph number 2 of the petition for Special Relief, it is indicated that Plaintiff is unmarried. I 5. Plaintiff and Defendant were married on October 19, 1997 in Cumberland County, Pennsylvania. 6. At the time of the parties' marriage, Defendant was married to Annette Idalia Reveron since September 14, 1983. That marriage was never dissolved by divorce or annulment. 7. Defendant is currently on probation for bigamy and false swearing. 8. After charges were filed against Defendant, a police officer with the East Hempfield Township Police Department in Lancaster County, Pennsylvania told Plaintiff that she should consider herself single since she was not legally married. 9. In order to clarify Plaintiff's marital status. this amended pleading is filed to indicate that Plaintiff is actually in a void marriage with Defendant. WHEREFORE, Plaintiff respectfully requests this Honorable Court to note Plaintiff's actual marital status. Respectfully submitted: ~'Hi'''~*~ Maryan Murphy, Es ir MID PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. #61900 Attorney for Plaintiff , VERIFICATION I, THERESA L. WHEATLEY, do hereby verify that I am the Plaintiff in the within action, and that the statements made in the foregoing Amended Complaint in Custody and Amended Petition for Special Relief 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. Q - / 3 " O( . ~ Date THERESA L. WHEATLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, Plaintiff : NO. 2001- 675 civil Ter.m v. RICHARD F. RUFRANO, Defendant . . : IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2001, a true and correct copy of the Amended Complaint in Custody and Amended petition for Special Relief was served upon the Defendant by placing a copy of same in the United States Mail, first class, postage prepaid, certificate of mailing, addressed as follows: Richard F. Rufrano RR1 Box 41H Harnden, N.Y. 13782 \. ' ,~ Maryann Murphy, Esquire MID PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D.#61900 Attorney for Plaintiff ~~~I\.ti~"'-.rn~H~"'N~"m\~';j,il!iIilt'iIllijfili:(ti\'!I14h;Mj,!~_~fl"'JI)."""''&'~'':'''''l'~'~',:""i1,~,Hf;!!4~i&:iaa_'.id.1 ~ - ".1 ,,_~~.,~"- . -, It~" ""---, 11 '" .-,. ~ifil~l..i:.. "'"!l~tJ T J:;- 0 C) ,- ;'"J C S ." VCr: ", nlr,n, ~}" , - 2::-1_' 1'0 '," Z -\.- (,02> - -<: .,;:. r:::: C., -1,"1 ~ 0 :::;);~ ~? ;po 0 1'3 c: ,-, " :z, N '~ :D =<: r-V ~~ "~---~~. ---,- .,~ '~.,'.. , -"! il I: ':1 1 I 11!! " "---" L........'...........' I . ~ . -,' ,. ~ ,-" ':'-'d,--_. it THERESA L. WHEATLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD F. RUFRANO, Defendant 01-0675 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of February, 2001, upon consideration of Plaintiff's Petition for Special Relief-Temporary Order Pursuant To Pa.R.C.P 1915.13 with respect to custody of the parties' child, Emily Marie Rufrano (date of birth December 19, 1997), and pursuant to an agreement reached in open court between Plaintiff and her counsel, Maryann Murphy, Esquire, and Defendant, pro se, it is ordered and directed as follows: 1. The parents shall advise each other of all important matters concerning their minor child. 2. Mother shall have primary custody of Emily. 3. Father shall have partial physical custody of Emily on the following schedule: (a) One weekend per month from Friday at 5:00 p.m. until Sunday at 8:00 p.m., the first weekend being February 16th, 2001. (b) One week per month, that first week being March 2nd through March 10th of 2001. The hours shall be from Friday at 5:00 p.m. until Saturday at 10:00 a.m. (c) And at other times as agreed by the parents. 4. Father's Day weekend will be with father and Mother's Day weekend will be with mother from Friday at 5:00 p.m. until Sunday at 8:00 p.m., regardless of the usual schedule. .!iii": ' '"ii_~i1:~~i.1"'';'':''~'''II\/WlllI~.n~m~:!<i!!,1itlli;.1lF.l",!i1Iiiil,~!i\'' >- " ,~ ~- ,., .". ~ ~ ~ _,,~ I .~'" ViN\f!\lASNN3d A.INnO::) r fJ"fl\-i?P1Nno SU :flll:\i B.. 81:J !O Al:Mi)I':C:i ::.!::::n+,:'~} I ),", -;:! '" .-" """"; ..".-\,y" f,', '<h ",". .. .".' \;.; '-,:j . I!" . ,'~ - I',",., ' l ,', '-" ,~~I , . .b. J, ' .~ "'c' ,)_ ;,.,3~ ,;,:" "~. = .- ,-,-; I.....;...... ........_...i ~.. 5. The parents shall share and alternate the Christmas holiday each year. Father shall have his week of custody with the minor child during the Christmas holiday. In 2001 and in all odd years thereafter, mother's share of the Christmas holiday shall include Christmas Day. In 2002 and all even years thereafter, father's share of the Christmas holiday shall include Christmas Day. 6. Thanksgiving shall be alternated each year by the parents with father having Thanksgiving in 2001 and in all odd years thereafter and mother having Thanksgiving in 2002 in all even years thereafter. The hours shall be from Wednesday at 5:00 p.m. until Sunday at 8:00 p.m. 7. All holiday schedules shall take priority over the regular schedule. 8. Neither the parents nor anyone in the household shall use illegal drugs or abuse alcohol. 9. By mutual agreement of the parents, this schedule can be revised in the best interest of the child 10. It is noted that the Defendant has indicated that he will be withdrawing a custody action, which had been filed in the State of New York. By the Court, 1t eo' W ~\JwJ - ~~ ;1,' B -01 Richard F. Rufrano, Pro se RR1 Box 41H Hamden, NY 13782 For the Defendant Maryann Murphy, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 For the plaintiff ,--,~'~ . .,,,.-,,~"' J ,,,;t!' #\ "... ,... . , -I. , , ;'- ~, "' ~. * j/OI-{{;7S ~ FAMILY COURT CHAMBERS COUNTY OF DELAWARE 3 COURT STREET DELHI, NEW YORK 13753 ROBERT L. ESTES JUDGE February 6,2001 Court of Common Pleas - Civil Term Cumberland County Courthouse Carlisle, P A 17013 Your Reference: Theresa L. Wheatley, Plaintiff, against Richard F. Rufrano, Defendant No. 01-0675 Civil Term Our Reference: Rufrano vWeatley [sic], Docket No. V-79-01 Dear Ladies and Gentlemen: Pursuant to the provisions of the Uniform Child Custody Jurisdiction Act, I am writing to inform you that on JanuaI)' 26,2001, Richard Rufrano filed in the Family Court, Delaware County, New York, a petition against Theresa Wheatley (named in the New York proceeding as "Theresa L. Weatley" [sic], seeking custody of their three-year-old child Emily Marie Rufrano. A copy of that petition is enclosed herewith, in furtherance of the intention of the Uniform Child Custody Jurisdiction Act, that courts communicate with one another when proceedings have been initiated in their respective states concerning the same child. I am also enclosing a photocopy of the Mfidavit Supplementing Custody Petition which was filed with Mr. Rufrano's petition. Upon review of this petition filed in Delaware County and other papers filed by Mr. Rufrano concurrently and since that time, it is abundantly apparent that Pennsylvania is the home state of the child, and that the state of New York does not have jurisdiction of the subject matter. Therefore, I have dismissed the custody proceeding herein the state ofN ew York, which should enable you to proceed in the state of Peunsylvania, unimpeded by the New York State proceeding. o PRINTED ON RECYCLED PAPER '"~" ". . - .~-".' "," ~~, - it.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATtEY, Plaintiff/Petitioner v. No. 2001 - to 7-S- civil Term RICHARD F. RUFRAlilO, Defendant/Respondent : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the within petition for Special Relief, IT IS HEREBY ORDERED AND DECREED that jurisdiction for purposes of custody of EMILY MARIE RUFRANO shall remain in the Commonwealth of Pennsylvania. Pending the Custody Conciliation Conference, physical custody of the minor child is awarded to Petitioner, THERESA L. WHEATLEY. Law enforcement officials are directed to assist Petitioner in obtaining physical custody of the child from Respondent. BY THE COURT: J. .. ~.......~, __" _"0" _ _ ~",' ",- . ':- '1!l-::~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, : Plaintiff/Petitioner v. -' No. 2001 _ (,1-5 Civil Term RICHARD F. RUFRANO, Defendant/Respondent IN CUSTODY PETITION FOR SPECIAL RELIEF-TEMPORARY ORDER PURSUANT TO PA.R.C.P. 1915.13 NOW COMES, THERESA L. WHEATLEY, Plaintiff/Petitioner, by and through her attorney, Maryann Murphy, Esquire, of MidPenn Legal Services, and avers as follows: 1. petitioner is THERESA L. WHEATLEY who resides at 217 East Walnut Street, Shiremanstown, Cumberland County, Pennsylvania. 2. petitioner is unmarried. 3. Respondent is RICHARD F. RUFRANO who resides at RR1, Box 41H, Harnden, New York. 4. Respondent is married. 5. petitioner is the biological mother of the minor child, EMILY MARIE RUFRANO, born in Dauphin County, Pennsylvania on December 19, 1997. 6. Respondent is the biological father of the minor child. ~-,.".~ ,-, "- '2;'1 7. The minor child has resided exclusively with petitioner since April of 1998, following the parties' separation. An Order for Protection from Abuse was issued on July 16, 1998 in the Court of Common Pleas of Lancaster County, awarding primary physical custody of the child to petitioner with supervised visits in Respondent. (The Order is attached hereto, incorporated by reference herein, and marked as Exhibit "A"). 8. After the expiration of the Protection Order, Respondent came from New York to Petitioner's residence, perhaps twice a month, to visit with the minor child for a couple of hours each time. 9. Respondent asked petitioner if he could take the minor child to his residence in New York for a visit, and the parties agreed that he could do so from wednesday, January 24, 2001 until Saturday, January 27, 2001 at 8:00 p.m. when Respondent would return the child to Petitioner. 10. The minor child was not returned to Petitioner as agreed upon by 8:00 p.m. on Saturday, January 27, 2001. When the child did not return at the expected time, Petitioner tried to contact Respondent by phone to no avail. petitioner finally reached Respondent on Sunday, when he told petitioner that he was not going to return the minor child to her. Respondent further told Petitioner that he had "made application" for custody in New York. .-. "" petitioner has not been served with any documents from New York to date. 11. Petitioner is concerned for the safety and well being of the minor child because of Respondent's prior abusive behavior to her, and because of the manner in which he took the child from her custody. 12. Petitioner avers that jurisdiction for purposes of custody should be in the Commonwealth of Pennsylvania where the minor child has resided since birth. 13. Petitioner avers that it is in the best interests of the minor child that primary physical custody be awarded to her, pending the Custody Conciliation Conference, since the child has always resided with her and petitioner has been the primary caretaker of the child since birth. WHEREFORE, petitioner prays this Honorable Court to enter an Order directing: a. that primary physical custody of the minor child be awarded to Petitioner, pending a Custody Conciliation Conference; and b. that jurisdiction for purposes of custody remain in the Commonwealth of Pennsylvania; and c. that law enforcement officials in New York assist , - . ~ '- ~" - ~ . -,-~ . -, ."'- ~ - Petitioner in obtaining physical custody of the minor child from Respondent; and d. for such further relief as the Court may determine to be equitable and just. Respectfully submitted: By: , Murphy, Esqu're MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Attorney I.D. #61900 Attorney for Plaintiff/Petitioner ,., '" , ~ , . < "'.-".. -"" , ~> . VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: d~\~O\ ~~H'N:\\f. Il)~~ THERESA L. WHEATLEY -".=. c . to '. . ~ , - ". .:;If;;'7.~!~~.~ :/__ .' =:~j,.-:;~~ . -\:r_. . IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVILACTION-LAW - Teresa Rufrano UJ ", C) ::: -.. -- i~ ~ ::0 __- .""Tl ..., 1::7 (' r-.' . :;:.. ~-'". v. No. CI - 98 -04762 --~.- "'-- :t>: (J) ::._ Richard Rufrano :> Protection From Abuse --.. :::::. - ~c...: ~ a .....' .....-.-. - ..... ORDER ,...::;; ,'; ,;::: c=; - .-, AND NOW, this I (a f!r day of July, 1998, upon agreement of the partYes in ~ Court, without a finding of abuse and without admitting to the allegations in the Petition, the following Protective Order is entered: 1. Defendant, Rufrano, is hereby prohibited from abusing, stalking, threatening, or harassing in any manner, including by telephone, Theresa Rufrano, either physically or by verbal threats, wherever she may be and is specifically excluded from her current residence, or any other residence she may establish. The Defendant is further prohibited from having contact or communication by any means with the Plaintiff. Communication regarding the child of the parties, shall be conducted through the Plaintiff's parents or Children and Youth caseworker, Janelle, of Cumberland County. The Defendant is further restrained from entering the place of employment or business or school of the Plaintiff and/or minor child. 2. Primary physical custody of the child of the parties, Emily Marie, age 7 months, is granted to the Plaintiff, mother. Defendant shall have supervised visitation at the I II 1\ It E ]Lh; !:ll+ " NOTICE OF ENTRY OF ORDER OF DECREE PURSUANT TO PA.R.C.P. NO:236 NOTIFICATION-THE ATTACHED DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY OF LANCASTER CO" PA DATE: .11"11 1 7 iS9l! I i I 1,\ 'I , " e-' " ~ ~ -..----..-.-'. . " I " ..-;.-<.. .....--..'-.. "~- -~. -=-_._--.~_._~ ~ .' Cumberland County Children and Youth ftlJenr:y. the specifics of said supervised visitation to be deteJTT1ined by Janelle, the assigned caseworker. 3. The Plaintiff may retrieve her possessions including the birth certificate and social security card of the minOr child, from a shed located at the Defendant's fOJTT1er residence, the location he stated her belongings were contained within, at her convenience. 4. The Defendant is hereby notified that if he violates this Order, he may be held in indirect criminal contempt which is punishable by a fine not to exceed $1,000 and by a sentence of up to six (6) months in jail imd by other possible relief, or he may be held in civil contempt Beginning to or resumPtion of living at a residence to which the Defendant is excluded by this Order could result in a finding of indirect criminal contempt or civil contempt Consent of the Plaintiff to resume contact or cohabitation does not invalidate, nullify, or void the provisions of this Order as it relates to the prohibition against abuse. Further, any violation of this Order may also constitute a aime under the Pennsylvania Criminal Code, and those penalties may be in addition to those imposed as contempt pursuant to this Order. 5. Arty police department having appropriate jurisdiction pursuant to the Protection From Abuse Act, 23 P.s. S6101 at .!!!:!9., may arrest Defendant for violation of said Order without warrant upon probable cause whether or not the violation is committed -'~, ," . I".=,~' I ,~ -, H-,H, ,'>~ """.;"-,.', . _"~__ ~_. e'_, " --"---. '-.- '"~ "-' ---- .........-:. -.....~::.i,l...-.::_.v . ... ..." ~~:i-::':: in the presence of the police department The Defendanfs date of birth is April 3, 1965, and his social security number is 128-58-8574. 6. This Order shall remain in effect for five months from the date thereof. 7. Costs of this proceeding are placed on the Defendant Costs are to be paid at the Office of the Prothonotary of Lancaster County by September 16, 1998. BY THE COURT: ....'" );, 6?1 ~ J. Am~4~ Copies to: /County Control basal P ",I:c... El.!l~aFlmeAt ""'--Pennsylvania State Police Defendant- Copies received at Courthouse: P1 Central Pennsylvania Legal Services Attorney for Plaintiff, Rebecca Cheuvront, Esquire (3) H Attorney for the Defendant, Michael Mongiovi, EsquireJP.D.(2.j 0- - j""--. - 1'". IN THE COURr OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, Plaintiff NO. 01- Civil Term v. RICHARD F. aUFRANO, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2001, a true and correct copy of the petition for Special Relief was served upon the Defendant by placing a copy of same in the United States Mail, first class, postage prepaid, certified/restricted delivery, addressed as follows: Richard F. Rufrano RR1 Box 41H Harnden, N.Y. 13782 Maryann Murphy, Esqui e MID PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 1. D. #61900 Attorney for Plaintiff ~ , . . F;L~C}"()fF!CE ~- ~I" -,,-', '-"::J-'RY , I r" i '_ ' , ~,-'f :; ;..", J' \, r ' tl \...-i . t ,_, t l < '~, -, 'c~ I ~. I, <. 01 FEB - 2 'Ii'! 8: 59 r:Uc"lkH U.,i:'i l~'jU- i 'I\ITY "'" l {,,-,,... _i.J '" .!...~ .I OJ ~ f'ENNS\LV/;NIA I 1 1 il I i ','f. ;~ il ~ :t ~ '(i :i' " 'or :<;; !~, ,~ :~ -$ ,~~ "" ,~, '';':1 ;ik: " ~ ~ il ~ -ti ~ Th I ;t!1 ," ~ _" '~L 1 I,,' , c_,_ _'"",' ,"'V-, ';.." '1 ~ . THERESA L. WHEATLEY, Plaintiff IN THE COURT OF COM1vlON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RICHARD F. RUFRANO, Defendant NO. 01-0675 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of February, 2001, upon consideration of Plaintiff's Petition for Special Relief - Temporary Order Pursuant To Pa. R.C-P. 1915.13, a hearing is scheduled for Thursday, February 8, 2001, at 8:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. THE DEFENDANT is directed to bring the minor child, Emily Marie Rufrano, to the scheduled hearing. BY THE COURT, J, esley Oler, . Maryann Murphy, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff Mr. Richard F. Rufrano RR1, Box 41 H Harnden, NY 13782 Defendant, Pro Se :rc ~,_-=c-~,<-..~~_"",,,_=,,_-" ,c "- I I ~ 1 I I .. "IFE~ ", 'H" '8 U _.,ti - t.:. tit,,; ..): u C' ',^"F "'J'" "'''UNTY UNI-btriU'::,.!\ J L,'".J I PENNSYLWINIA ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, Plaintiff : NO. 01-(;>75" Civil Term v. : IN CUSTODY RICHARD F. RUFRANO, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, THERESA L. WHEATLEY, Plaintiff, to proceed in forma DauDeris. I, Maryann Murphy, Esquire, of MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. b~llire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. # 61900 Attorney for Plaintiff I~ ~~"'@~ ""~ l ". --,- '"' -, ".-, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW THERESA L. WHEATLEY, Plaintiff : NO. 01- (,76 Civil Term v. : IN CUSTODY RICHARD F. RUFRANO, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am THERESA L. WHEATLEY, the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: THERESA L. WHEATLEY Address: 217 East Walnut Street. Shiremanstown. PA 17011 (b) Social Security Number: 169-44-5724 If you are presently employed, state Employer: Book Span Address: South Market Street. Mechanicsburg. PA 17055 Salary or wages per month: $ 1.236.00 Type of work: returns department '-~""'"""-~.." -'-~~.".- ,,,~ ." JI . I ". '".-'~ "," - Ii .~" . If you are presently unemployed, state N/A Date of last employment: N/ A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: N/A ~l'w;MII!fu_.."",:illlI<__ iI~'~Il.li ~ ~ "\,:ilIl ~.- . Salary or wages per month: N/A Type of work: N/A Contributions from children: -0- (e) Property owned Cash: -0- Checking Account: -0- Savings Account: -0- Certificates of Deposit: -O- Real Estate (including home): -0- Motor vehicle: Make N/A Cost N/A Stocks; bonds: -0- Other: -0- .<i.l. l~ Year N/A Amount owed N/A (f) Debts and obligations Mortgage: Rent: Loans: -0- $350.00 -0- Monthly Expenses: $1.050.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A k..' . .'--" -'----.;-'.~'L ,"<,,,,,,,,,,,~,_,,",,,,,,,,_~".,~o,,,,,,-,,,, - - "'- --'<f' L.......- ~- : f Children, if any: Name: EMILY Age: 3 vears 4. I understand that I have a continuing obligation to inform the court of improvement in my fInancial circumstances which would permit me to pay the costs incurred herein. 5. 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 unsworu falsifIcation to authorities. Dated ~ \ ~O\ '-. .... F1F:f}-()j:'F1CE nr: c",r":':::NOTMY .-)j Fr'"n ,.", U I : CD - '- ;\M R: CQ M,' .... ;)." CU'''-'''''' '", ,~, "J' UNTY 1',,:.t:/c..!~..LP-t\~J tj I PE[',JNSYLVANIA 1 1 . . I '!!.: ff -~""""~~~ '~~L - ,-~ "--'j.' : DtLAWARE MULTI COURTS Fax:6077463253 Feb 6 2001 12:58 P.12 'O\ AFFIDAVIT SUPPLEMENTING CUSTODY PETITION (This affidav1e IIIUst accompany all original pet1tions for cuseody and any peeition for modification of an existing custody or visitation order) 0/.-& 7.5 . STATE OF NEIl YORK ) COtllfrY OF DELAWARE ) 55.: _K~~,ho-r--d tl,L~no . of ,perjury: _ 1. , being duly sworn. deposes and says under" penal at peeition. the child(ren) addresses were last (a) Period in question (most recent first) ~to ~~QI".~ to~ . to 1.2 Im/ t:tt , to (, ~/'fI 6J 8 -=-t I (c) Current address of person in (b) VI \.. t.t v~ 4. I further declare that I (have) (have not) participated as a party or witness or in any other capacity in any other litigation concerning the custody of the same child(ren) in this or any other ,state. (If-answer is affirmative. set forth details) A/O 5. toneerning I (have) (have not) information of any previous custody proceeding or agreement the child(ren) in this or any other state. (Insert decails if affirmative) A/n 6. I (do) (do not) know of any person not a party to this proceeding who has physical custody of the child(ren) or claims to have custody orAvt~tation rights with respect to the ~hild(ren). (If affirmative, insere details) ~ > ~ . 7. I make this affidavit as required by 5eceiou 75-j of the Domeseic Relatious Law'of the State of New York. knoving that the Coure Will rely on the informaeion herein stated in determining 'the proce~d1ng commenced upon the attached petition. ?~-R~ Sworn to before me this day of " )0--11 J ~.....<t . /') ~ r.'1 ~~ . ; 14'.;l.oo I . -, , DELAWARE MULTI COURTS Fax:6077463253 I ,I " Feb 6 2001 12:58 P.ll " VERIFICATION , ',1\:,' ", . .... STATS OF NEW YORK ) COONTY OF DELAWARE) 5S.: ", ~ ~rj 7:(t.:fro..no . being duly sworn, says t.hat kfthe s the pet1tioner in the abOVe';'entitJ:eci p~ocee4ing",a.04 tIlat, the fo~egoingpetition is true to (his) fl.~rl oWn'IcD.~l.~.~l!:ePt:: as to matters ~~ein. stated to be alleged on information and Gilt.f and as to those matters..,LlH-he believes it to b. true. . . R~~R~~ Petitioner , ' Sworn to before me this ~ l.; day of -.Ja_rlU~_. 2001 ", ;4?tJ-v- )Iii~ lD~P~Y.) der ()f the Court J Notary PuDlietA"rnm E J<.V") 'I )2.. d' () / : PLEASE NOTE: All Custody and visitation petitions will be referred to Dispute ReSolution Cente~ (Mediation) unless you specifically decline this service by signing below. - . I HEREBY DECLINE TO HAVE MY CASE REFERRED TO MEDIATION . . (Sign) . : ,"'" " ., _.~ -';;:,: DELAWARE MULTI COURTS Fax:6077463253 Feb 6 2001 12:58 P.l0 " Custody Petition Additions to #13 The mother of Emily does 'not have permanent housing. Right now, she is staying with friends. That is her ex-boyfriend and his wife. Theresa is abusing drugs and alcohol and I am concerned for Emily's safety. Because of her abuse of alcohol and drugs, Theresa neglects Emily's medical and physical well-being. 111eresa called me on Saturday because she was frustrated with Emily and was afraid that she might hurt Emily. She wanted me to come to get Emily right away. When I was in the house on Sunday, January 21, 2001, there was no food in the house. The only thing that was there was candy and milk. Theresa does not take Emily to the doctor when she has a cold or more serious problems. Theresa has stated to me over the phone that when Emily doesn't want to go to sleep, Theresa locks her in the room and lets her scream herself to sleep. On Monday, January 22, 2001, I took Emily to Dr. Williams at Bassett Healthcare at O'Connor, because Emily had problems hearing and complained of pain in her ears. He found dry build-up of wax that had to be in there longer than 3 months. It took him an hour to get her ears unclogged. He also checked her for a rash and he said it was a yeast infection. Theresa neglected to take care of the problems. , [,I' l1i "." " ~ ~ ....;.:~ ' . " , '~! DELAWARE MULTI COURTS Fax:6077463253 Feb 62001 12:57 P.09 CUstody/Vis1Cation Petition -Page 3 , . 12. No previous application has been made to any court or judge for the relief berein requested, except: 13. It would be in che best interest of tbe Child (ren) to ha.,. (c:uetody) (visieaeion) awarded to the pet1tione:f~for the fol1eWing reasons:. ~~ 'a... a ......DpI1I""'!\ t J\~ -~\\Otw&n ~ t..QJJ&rhrrf." ~o.h:J t'A11lU 3 'br<CC1.lU2e.. ~ '--'\c.w' 5"'(ar d- A"(5";1J :i r;;;;; 1U. ().4,c9.:.h.o.& ~ W~~~d ...bk D~~ ~ c\~ '(7LfY)~ Lack& key ;/1 -\--I1Q fl.oom ~5CJ she Coa( d /' ~v'f hey Sef {: +0 Slee:p See a..l-l-aGh-<'... rtO-Je- aJd(+(On . . ~ W nv.mke }3- WHEREFORE, petitioner prays tor an order awarding (custody) (visitation) of the ch11d(ren) nam~d herein to (the petitioner) ( ) and for such other and further relief as the'Court may determine. Dated: . I J.;LCt, J () I ' 20 I Print u.+;a Signature of Attorney, if any Attorney's Name (P;int or Type) Attorney's Address & Telephone _Ji.~ ,. I~. '.ii~ . ~.~ DELAWARE MULTI COURTS Fax:6077463253 , - Feb 62001 12:57 P.08 . -. - # , .' Custody/Visitation Peti"ti:;;n tfl rm~\'" n.!lli @ ~ &;l Page 2 Ill" -~ffll -- ....... ...'. -,. , .' !: This procee '. is commenced pursuant to section (s) '. " il!(; ~~;~h.-e. ~~~lrj ',urt Act (in that an order 'of- refettal was .\.1i~ maQe and ent~lre on ., by the Supreme court, '='l .. liJ U ounty, referring th~ issu~ .of "(custody) (v],S~tationrt the PamilyCourt of the State of N'ew York ounty of '. ", : ::. ). ,,), ,.~" .. . , ": -.... :- CHECK ONLY THOSE PROVISIONS WHICH APPLY IN NUMBERS 7 - 1.1 )! 7. Petitioner and Resj>o9,dent were married on (,t,n Jt.Y}fJU) d,~ , 19 q1 at.l-\a.Y\',5bIAYn fl. i4' and onl.t.l.\J<no\.iJr) aa... k , '19 a'1 (were separated bY. court judgment) "(were, separa.ted by agreement) (were separated'w!thou written agre,ement) ,,(were divorced) (the rrJ.a.ge was annulled (A true copy of the (judgnlent) separa l.on agreemen is attached hereto. ) Of . Co ': II' 8. (An order 0 filia.tion was made) (A patern~ty.~vre~me~ r or comprom:!ose was ap e y he Family' Court ;.b~g.~ i-- County of on. ~9. . t, concerning~fllBWi-Y: more of the child (ren) who (is) (are) the subje~t of this. proceeding. A tx:ae espy o-F ..~,t4 ("rder). ~~gre.e,u",nt' :!os "T'lT'le~."'1 ~..",tO'".':!,h.UQ S ',(\ ~'{t.s..rfvQ 11. \''{ .'. _ I~ 9. (Upon information and beliefl (Petitioner) (ReSP9~denzt) obtained custody of the child (renJ on~cmv..a.y't ~l. 0 , 19 (by) J~l an oF~er or judgment of cPcourt, s ~OllOWS:, ~.~~a.~ +:-~1~ 'b~e~~-e... , ~~~~~v~ ' . ~ , 10. A copy of the order(s) or judgment (s) direct~ng (custody) (visitation) is annexed hereto. .... '.;, 11. There has been a change of circum seances siaee entry of the (order) (judgmentl direct:ing '(custody)' ,(visitation) in that: ~ ~ rc 1\ ivll'Y\. b -e. l' J d i1J- . . , ~_.. ~ DELAWARE MULTI COURTS Fax:6077463253 .;.1 I -.~- .~ Feb 62001 12:56 P.07 '. ..'Il, " . "!1f~~_~A. 55467. 549, 6,S;. 652, 654 " .: - :..-.. orm 17 CUstody ) 12/97 FAMILY COtlRT OF THE ST~~E OF NEW YO ~ ,COUNTY OF DELAWARE " - - - - ~ - - - - - - - - - - - - - In.,tn.e Matter of a Proceeding for " (CUStody) (Visitation) ,under Article of the Family Court; Ace- , N) J:o!liuTION FOR (CUSTODY) (VISITATION) ,,_ . _.._~~_. '. "'~""':::'.:: .. 'Petitioner 1~,~~5~~1r..,:"11~r d g(A.w~11 0 :-r-rV~ve....5.rf L (,0 -e a. +I-cl./ , _ Respondent S.S.#" .D9cket No: V- "-19- 0 I .',,,,,: -FA IV! 2,/7 TO THE FAMILY COURT: II' The undersigned petitioner respectfully shows that: , '0, In_I Q C'/r.. 1. Petitioner, K"CIVAr <1 \"\U:\'I \.~f\O i (resides) (is located) at:, '.', ? 30 CiA f l-t 5 I Gtl1 e.. ,_ ' l.R-1 LfIH- Nomd.f:111 1\J\4,I,j7'3d.- 2. petitio"ner (is relaced) (i~ not related) to the child (ren) as follows:' [State relaeionship co child(ren). If unrelated to the child (e.g. foster parent.. agency or institution, so state.} , " ~) L~ -"he i " 3. (Upon information and belief) Respondent (resides) (is located) at: ;;.. n c:. \}J ell n \A + 5,.., ,'( '5~~\)'Y\~,'\5tGuJn Pellf\5\.f\\Jetl1d:(, 176jJ 4. (UPOn information and belief) Respondent' Hs' related) -(is nQ~ ~e1a~.d) to ehe child(ren) as 'follows; [State'relationship to child(ren). If unrelated to the child {e.g. tester pa:l:"ent, agency or institution;' so sta.te.1 ' " .. , 5. The name, present address. age and date of birth of each child affected by this proceeding are as fellows: . Name Add.ress Date of Birth Social Se<?Uritv ;jf; ,e~~ fY}(lVie.. ~<^_-~~r,o - {.;H1-'f7 , ~ : ~, ~j " ,~ ,- I DELAWARE MULTI COURTS Fax:6077463253 Feb 6 2001 12:56 THE ORIGINAL OF 'tHIS ORDER WAS ENTERED IN THE OFFICE OF THE DEI.AWARE COUNTY FAMILY COURT CLfRI<. ON .:1- h -[)\ THE DISTRIBUTION OF THIS ORDER 15 AS FOLLOWS: Upon: /POllitlomlr ~ymail _"'COUIt _,JW$llnaf $8lI/ice _ccwier box' via Sheriff _ Respondent _by mail _in CDurt ---"persomi1l service _courier box - .... Sheritl _ Peblione(a Attorney _t30tmall _In COIlrt --,,",,",nalll8l'1ice _COIlriotbox L R..pondanl"s Attomey Lby mail _in court ~nal W\l1ce _"'uti"' box Law GullrdIM _by mail _Incoutl ~ service _courier bOll _ "'obaIIllI' Dept. _by mail in c:our\ --.Jl~ service _courierbllll _ Dispute ResolU1lon Ctr, _by man _inClllJIt ~seMco _CDUriM box _ A1C1lholtOrug Services _t30t mall _In court --.Jl""",naIll8tVioe _Gourierbox DSS _by moD _in court ------PO"lIlnol service _courier box 5CU _by maD _in court --.Jler1;onal service _courier !leX MHC _by maD _in caurt ---P8rsonal service _courier box Sheriff _hand deliVOIY """.. / othar: C"......-"t- ".Ii- CeI_..",... Lby mail ---1n coun --"et$Onal delivery _courier box Other:1'..n.~ - \>1lt.11h'\:"i-a \e\Ot.~o.. _by mall _In court --P8fSOnaI service _CDurierbox - I _by mail _in oourt ----"""",naIll$NieO --:.. c:ourier box Othor. Other: _by mail _In coun -PBf'SOnal sarvicl! _courier box Other: _by mail _in court --p.rsonal $@f"IicB _courier box By: u,~ DELAWARE COUNTY FAMILY COURT CLERI<."S OFFiCE , ~' ~ "L P.06 ~~ ., , " , liS'; DELAWARE MULTI COURTS Fax:6077463253 Feb 62001 12:56 P.05 '. It is clear from the papers attached to the most recent petition filed by the petitioner herein that the court in Pennsylvania haS not declined to exercise jurisdiction in the matter. In fact, the court has ordered the petitioner herein to appear in the state of Pennsylvania for a hearing, Moreover, it is apparent that Pennsylvania is the home state of the child, and that the allegations in the petition do not constitute an emergency of the magnitude which would authorize this court to asswne jurisdiction under those provisions of the Uniform Child Custody Jurisdiction Act. Moreover, it appears that the provisions of the Federal Parental Kidnaping Prevention Act may deprive this court of jurisdiction in the custody proceeding, Therefore, upon the papers before this court and upon the papers from the Pennsylvania court provided by the petitioner; it is, on the coun's own motion, ORDERED, that the petition herein be, and the same hereby is, DISMISSED, on the grounds that this court does not have jurisdiction of the subject matter pursuant to the provisions of the Uniform Child Custody Jurisdiction Act as adopted in the State of New York as Article 5.A of the Domestic Relations Law; and it is further ORDERED, that in view of the fact that the court heretofore issued an order of protection upon the filing of the first family offense petition on Janwuy 30, 2001, and that no substantially different allegations are presented by the most recent family offense petition, the petitioner's request for a temporary order of protection in respect of the second filed family offense petition is hereby DENIED, without prejudice. ENTER ~ Robert L. Estes, J.F.C. Dated: Delhi, New York February 6, 2001 ENTERED in the Office of the Clerk of the Court on February 6. 2001 Lori L. Metzko, Family Court Clerk PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL MUST BE TAKEN WITHIN THIRTY DAYS OF RECEIPT OF THE ORDER BY APPElLANT IN COURT THIRTY-FIVE DAYS FROM THE MAILING OF THE ORDER TO THE APPELLANT BY THE CLERK OF THE COURT, OR THIRTY DAYs AFTER SERVICE BY A PARTY OR LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. ~ I ~, . , DELAWARE MULTI COURTS Fax:6077463253 Feb 62001 12:55 P.04 '. At a term of the Family Court of the State of New York held in and for the County of Delaware at Delhi on February 6, 2001 PRESENT: Hon. Robert L. Estes In the Matter of a Proceeding Under Articles 6 and 8 of the Family Court Act RICHARD Rl,JFRANO Docket Nos: V-79-0l 0-84-01 0-105-01 Family No: 2717 Petitioner -against- MEMORANDUM DECISION AND ORDER THERESA LYNNE WHEATLEY Respondent On January 30,2001, the father of the three-year-old child of the parties filed petitions accusing the respondent of a family offense, and requesting an order of custody. After review of the papers, the court issued a Temporary Order of Protection directing the respondent not to threaten the petitioner. It is apparent from the petitioner's papers that the child had been in the state of New York merely 10 days as of the date of filing of the petitions, A second family offense petition was tiled by the petitioner on February 6,2001. Attached to that petition are photocopies of papers apparently filed in the Court of Common Pleas of Cumberland County, Pennsylvania in a proceeding entitled, "Theresa L. Wheatley v Richard F, Rufrano." An order of that court was issued February 2,2001, requiring the petitioner herein to bring the minor child to a hearing scheduled in the stste of pennsylvania on Thursday, February 8, 2001 at 8:30 a,m, Among other things, the respondent in this proceeding, who is the petitioner in the Pennsylvania proceeding, alleges that the petitioner herein abducted the child contraIy to the agreement of the parties, and retains the child in the state of New York. Also included among the papers attached to the most recent petition herein is a photocopy of a protective order issued by the Court of Common Pleas of Lancaster County, Pennsylvania in proceedings entitled, "Theresa Rufrano v Richard Rufrano" issued July 16, 1998. That order prohibits the petitioner herein from abusing, stalking, threatening, etc. the respondent herein. The order also provides primary physical custody of the child to the respondent herein, and directs that visitation by the petitioner herein be supervised. The order endUred for a period oftive months. il_ ,0,,1;- " ",'. ""-' DELAWARE MULTI COURTS Fax:6077463253 Feb 62001 12:55 P.03 February 6, 2001 Page 2 I do not believe that New York and Pennsylvania share a uniform act respecting allegations of domestic violence, so the family offense proceedings which Mr. Rufrano has commenced here against Ms. Wheatley will remain on our court calendar for consideration in due course, Very truly yours, ~k Robert 1. Estes RLE:vg Enc. pc: Maryann Murphy, Esq, Mr. Richard Rufrano ,~ , (- 4_ , ." '1'- DELAWARE MULTI COURTS Fax:6077463253 Feb 62001 12:55 P.02 * FAMILY COURT CHAMBERS COUNTY OF DELAWARE :3 COURT STREET DELHI, NEW YORK 13753 ROBE~T L, ESTES JUDGE FebI'l1lllY 6,2001 COlltt of Common Pleas - Civil Term Cumberland County Courthouse Carlisle, P A 17013 Your Reference: Theresa L. Wheatley, Plaintiff: against Richard F. Rufrano, Defendant No. 01-0675 Civil Term Our Reference: Rufrano v Weatley [sic], Docket No. V-79-01 Dear Ladies and Gentlemen: Pursuant to the provisions of the Uniform Child Custody Jurisdiction Act, I am writing to inform you that on January 26,2001, Richard Rufrano filed in the Family Court, Delaware County, New York, a petition against Theresa Wheatley (named in the New York proceeding as "TheresaL. Wearley" [sic], seeking custody oftheirtbree-year-old child Emily Marie Rufrano, A copy of that petition is enclosed herewith, in furtherance of the intention of the Uniform Child Custody Jurisdiction Act, that courts communicate with one another when proceedings have been initiated in their respective states concerning the Slltlle child. I am also enclosing a photocopy of the Affidavit Supplementing Custody Petition which was filed with Mr. Rufrano's petition. Upon review of this petition filed in Delaware County and other papers filed by Mr. Rufrano concurrently and since that time, it is abundantly apparent that pennsylvania is the home state of the child, and that the state of New Yark does not have jurisdiction of the subject matter. Therefore, I have dismissed the custody proceeding herein the state of New York, which should enable you to proceed in the state of Pennsylvania, unimpeded by the New York State proceeding. -- ;;- ...!. ",1 ~"...~ DELAWARE MULTI COURTS Fax:6077463253 Feb 62001 12:54 P.Ol FAMILY COURT CHAMBERS C,OUNTY OF DELAWARE 3 COURT STREET DELHI, NEW YORK 13753 Our Fax: 607-746-3253 DATE: February 6, 2001 TO: Cumberland County Court of Common Pleas - Civil Term FROM: Ron. Robert L. Estes - Q.$Ke.d... fOR ~i .5 to ~e p\o.c.e.d. 'nJ file foR FY L . RE: Wheatley/Rufrano Total Pages (including cover sheet) 12 If there is a problem with this transmission, please call Valerie Grant at 607-746-2423. M -~ -. I . I ,....;;~.;.. ~' ';- "~ ;" ~ , At a term of the Family Court of the State of New York held in and for the County of Delaware at Delhi on February 6,2001 PRESENT: Hon. Robert L. Estes -------------------------------------------------- In the Matter of a Proceeding Under Articles 6 and 8 of the Family Court Act RICHARD RUFRANO Docket Nos: V-79-01 0-84-01 0-105-01 Family No: 2717 Petitioner -against - MEMORANDUM DECISION AND ORDER THERESA LYNNE WHEATLEY Respondent On January 30,2001, the father of the three-year-old child of the parties filed petitions accusing the respondent of a family offense, and requesting an order of custody, After review of the papers, the court issued a Temporary Order of Protection directing the respondent not to threaten the petitioner. It is apparent from the petitioner's papers that the child had been in the state of New York merely 10 days as of the date of filing of the petitions. A second family offense petition was filed by the petitioner on February 6,2001. Attached to that petition are photocopies of papers apparently filed in the Court of Common Pleas of Cumberland County, Pennsylvania in a proceeding entitled, "Theresa L. Wheatley v Richard F. Rufrano." An order of that court was issued February 2, 2001, requiring the petitioner herein to bring the minor child to a hearing scheduled in the state of Pennsylvania on Thursday, February 8, 2001 at 8:30 a.m. Among other things, the respondent in this proceeding, who is the petitioner in the Pennsylvania proceeding, alleges that the petitioner herein abducted the child contrary to the agreement of the parties, and retains the child in the state of New York. Also included among the papers attached to the most recent petition herein is a photocopy of a protective order issued by the Court of Common Pleas of Lancaster County, Pennsylvania in proceedings entitled, "Theresa Rufrano v Richard Rufrano" issued July 16, 1998. That order prohibits the petitioner herein from abusing, stalking, threatening, etc, the respondent herein. The order also provides primary physical custody of the child to the respondent herein, and directs that visitation by the petitioner herein be supervised, The order endured for a period of five months, .......~c '1 1.- j- ,. , 'l It is clear from the papers attached to the most recent petition filed by the petitioner herein that the court in Pennsylvania has not declined to exercise jurisdiction in the matter. In fact, the court has ordered the petitioner herein to appear in the state of Pennsylvania for a hearing. Moreover, it is apparent that Pennsylvania is the home state of the child, and that the allegations in the petition do not constitute an emergency of the magnitude which would authorize this court to assume jurisdiction under those provisions of the Uniform Child Custody Jurisdiction Act. Moreover, it appears that the provisions of the Federal Parental Kidnaping Prevention Act may deprive this court of jurisdiction in the custody proceeding, Therefore, upon the papers before this court and upon the papers from the Pennsylvania court provided by the petitioner; it is, on the court's own motion, ORDERED, that the petition herein be, and the same hereby is, DISMISSED, on the grounds that this court does not have jurisdiction of the subject matter pursuant to the provisions of the Uniform Child Custody Jurisdiction Act as adopted in the State of New York as Article 5-A of the Domestic Relations Law; and it is further ORDERED, that in view of the fact that the court heretofore issued an order of protection upon the filing of the first family offense petition on January 30, 2001, and that no substantially different allegations are presented by the most recent family offense petition, the petitioner's request for a temporary order of protection in respect of the second filed family offense petition is hereby DENIED, without prejudice. ENTER ~ Robert L. Estes, IF,C. Dated: Delhi, New York February 6,2001 ENTERED in the Office of the Clerk of the Court on February 6, 2001 Lori L. Metzko, Family Court Clerk PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APF'EAL MUST BE TAKEN WITHIN THIRTY DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT THIRTY-FIVE DAYS FROM THE MAILING OF THE ORDER TO THE APPELLANT BY THE CLERK OF THE COURT, OR THIRTY DAYS AFTER SERVICE BY A PARTY OR LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. ~"""'"' '~--'- -, .... *f' " THE ORIGINAL OF THIS ORDER WAS ENTERED IN THE OFFICE OF THE DELAWARE COUNTY FAMilY COURT CLERK ON \ 07-(,-(")\ THE DISTRIBUTION OF THIS ORDER IS AS FOllOWS: , I" ~ ,;".... ~ ...,~"' Iil~ ...'1. ,-.' , '~1~~<::_,A. Sli467, 549, 651, 652, 654 ~ - - - - - - - - - - - - - - - - - orm 17 CUstody ) 12/97 FAMILY COURT OF THE STATE OF NEW 'LO.' ~ .COUNTY OF DELAWARE In, the Matter of a Proceeding for , (CUstody) (Visitation)uri.der Article of the Family Court Act-- , N) PETITION FOR (CUSTODY) (VISITATION) "',' '" ---~~..,. ..-.;..:.:..;....:..--., ';" -Petitioner 5.8.# rv . ,~,I^_ \ () t' Id,?-.?8-8~'Ji,'<.a~1~U.{r d ~(Aill/;~VJ 0 ~"\~Ve...S.f-t L L0 -e aflCy , \ ,_ Respondent S.S.#" _D~cket No: v-"i"9- 0 I ..,"",! -PAM 2117 TO THE FAMILY COURT: ", The undersigned petitioner respectfully shows that: , . 12 ( \. ' ( 0, C(/!) 1. Pet~t~oner, 1\\CI\(tt' Q, I"ll\'{ \Al\O i (resides) (is located) at:" ' , " I j ~ ' '," { I. c. I ^ " P /jO l-(A 110 'A" '-' , ~"'9'; t:.. R- I Lf r J-f H 0 met -P.11_ IV /f' I j I (J d- 2. Petitioner (is related) (is not related) to the child (ren) as follows: [State relationship to child (ren). If unrelated to the child (e.g. foster parent,. agency or institution, so state.} -r i~ ~he Jt 3. (Upon information and belief) Respondent (resides) (is located) at: d- nt, \.JJoJ nv\. + S-\-' '5~~ r-101Cin5 t6\.(1) Pen(\5lf\\JVlI1~C( 170# J 4. (Upon information and belief) Respondent (is related) (is not related) to the child(ren) as follows: [State'relationship to child(ren). If unrelated to the child (e.g. foster parent, agency or institution,' so state.] , ,,' ' 5. The name, present address, age and date of birth of each child affected by this proceeding are as follows: . Name Address Date of Birth Social Security # 't'~,li rvwvie. ~_i}._'f{t41rIO - Ij-J1-Cf7 . . : .. H ~ ''"~~ ^ ~ _ c' -" .~ - l!!<"j, - . , - . '.-;~ '" -. - fF,.., fjl ~\r7 q ~j fJ'\ ~ fril If l!r,:l~i.:E'2l t-:,:~f7"J U II 6.,;: This proc, eed~ is commenced pu~suant to sectioO:(s) -. 11 !Ii C?:;;,~the. F,~mil~ ; urt Act (in that an order "of- referral was '\..;i, made and ent'!lre on ., by the Supreme Court, ~I ,iJ U ounty, referring the issue of 'lcustody) (visitationrto the Family Court of the State of New Yo:!:'k ountyof . . ::.. ). "..~., ".... 'CUstody/Visitation Petition" Page 2 , CHECK ONLY THOSE PROVISIONS WHICH APPLY IN NUMBERS 7 - II 'I 7. petition, er and Re~oI].,dent were married on (,l,n r:.Y)~LO d,oJ.e., . 19 en at !-\Qyy(jblAY(j Y, 14" and on\J..I.\J<no\DT\ del k , 19 Q'1 (were separated by court judgment) '(were separated by agreement) (were separated'without written agreement) ,,(were divorced) (the. arriage was annulled (A true copy of the (judgrrient) (separa J.on agreemen is attached hereto.) :I. c. ': '. 8. (An order 0 filiation was made) (A patern~ty~gre~ment ~ or compromJ.se was ap e y the Family C6'urt '~'fr!,p;r-j-'jP County of on. 19. .,. conce=ing~~e-V~ more of the child (ran) who (is) (are) the subject of this proceeding. 1\ true eSF1' 'Of "'?; <i (nrder) ~~greo;"lent) J.s ..nnexeri ..aeLet.o-.':r,h.A.)Q 5 \(\ ~Vl5v(rVQ f;( I'q .". . J 9. (Upon information and belief) (Petitioner) (ResPoI"\den1t) obtained custody of the child (ren) on~~u..a.ytt;;;l- / I 0 , 19 (by) (~) an oFder or judgment of cPcourt, s follows: 5o,-4<.v',0 tt8 +;~1o~ t'\ ~ ct.J.J. rY\-€.... ~~~~~v~~~ II" , . IO. A copy of the order (s) or judgment (s) direct:ing (custody)' (visitation) is annexed hereto. . . . ':. ll. There has been a change of circumstances since entry of the (order) (judgment) directing '(custody) (visitation) in that: :s t,<'t I'\,^mb~)' J d tiL- . . - -.. -..-"--.- ......- . .. - ~J ~. _, . w., . ""'~ .1.. 1I:I.ll ':[~C . , Custody/Visitation Petition 'Page 3 12. No previous application has been made to any court or judge for the relief herein requested, except: 13. It would be in the best interest of the child (ren) to have Jcustody) (visitation) awarded to the petitione:;~for the following reasons: ~~ ~ ~ D ~ JA~ ~ 5~t\0l-wi11!1 ~ ~ ,e-f. " ~~~~0tJ ~ ~~ ~ ~-J~ 11Jr8ti~~ J}k Q~~ ~ c,1~ t)'LfY)~ Lnck& bey ii\ ~0Q (Loom ~So site COb-( c1 " c.vy hey SeJ (: -i-o :Sle~p , , 5-ee a.JLach -e.. fa,je- add( -1-(Dn -J.:o' 'l7urYL be e ) 3~ WHEREFORE, petitioner prays ~or an order awarding (custody) (visitation) of the child (ren) nam~d herein to (the petitioner) ( ) and for such other and further relief as the' Cou:tt may determine. ' Dated: , I Jc:2f.oJ () I ,20 '~ I Print name Signature of Attorney, if any At torney's Name (P:;int or Type) Attorney's Address & Telephone .. ,I " "'1," Custody Petition Additions to #13 The mother of Emily does not have permanent housing, Right now, she is staying with friends. That is her ex-boyfriend and his wife, Theresa is abusing drugs and alcohol and I am concerned for Emily's safety. Because of her abuse of alcohol and drugs, Theresa neglects Emily's medical and physical well-being. Theresa .called me on Saturday because she was frustrated with Emi]y and was afraid that she might hurt Emily, She wanted me to come to get Emi]y right away. When I was in the house on Sunday, January 2], 200], there was no food in the house, The only thing that was there was candy and milk, Theresa does not take Emily to the doctor when she has a cold or more serious problems. Theresa has stated to me over the phone that when Emily doesn't want to go to sleep, Theresa locks her in the room and lets her scream herself to sleep. On Monday, January 22, 2001, I took Emily to Dr. Williams at Bassett Healthcare at O'Connor, because Emily had problems hearing and complained of pain in her ears. He found dry build-up of wax that had to be in there longer than 3 months, It took him an hour to get her ears unclogged. He also checked her for a rash and he said it was a yeast infection. Theresa neglected to take care ofthe problems. 'l_ I. , '" ~--" .- , '.. VERIFICATION ',r, , , .~~~ . STATE OF NEW YORK COUNTY OF DELAWARE) SS.: "J(t~d KcrFrc....{)O , being duly sworn, says t.hat Mhe 1S the petitioner in the above';'entitJ:ed proe:eeding""and t&at the foregoing petition is true to (his) H.;',dow'kriOw1eage:-:,-xcept.': as to matters herein stated to be alleged on informatlon ~aiid'>>be1ief and as to those matters~e believes it to be trUe. ~ , ....., , R;/--I~./-K~~ Petitioner , Sworn to before me this ~ l..p day of ,Jcvn<J~_. 2001 " ~~'"~~ (Dep ty) Cier of the Court J Notary PubliC~,-n,rY) [. I<.V~ <-} )2. () () / PLEASE NOTE: All Custody and visitation petitions will be referred to Dispute Resolution Center (Mediation) unless, you specifically decline this service by signing below. . I HEREBY DECLINE TO HAVE MY CASE REFERRED TO MEDIATION . . (Sign) . : " ~~ '~ I:,., . .."-". ~ .-" '"' ~ AFFIDAVIT SUPPLEMENTING CUSTODY PETITION (This affidavit must accompany all original petitions for custody and any petition for modification of an existing custody or visitation order) STATE OF NEW YORK ) COUNTY OF DELAWARE ) SS.: -K~~ ,h(}r-d ~I,L -{an n of perJury: ,< I. I am the petitioner in the petition to which this affidavit is attached. ~ 2. The present address at which t ild(Aen) w o_is/are the subject of the C~d rpet tox currently Odrh) is: C. ~ t::l', 3. ,During ~he five years before the date of the attached petition. the child(ren) have/has resiced at, the places. and with the persons named. whose addresses were last known to me to be as stated. during the periods indicated: . being duly sworn, deposes and says under'penalty (a) Period in question (most recent first) ~to ~ ~QI".-\-h.to~ . 'to 1.2 1r()/ for to (, 114/6(8 (b) Place where and persons with whom resided (c) Current address of person in (b) Merard7kpllJo/11 .J!ii-~~~ mCl+1\e- e.. - cvni \ ~.::f30y'~ ,17 ",!?c<z/,r1 to +:, ~ ~+l1 e~~",Js 1t'D1 Q tkVY('!!xra i , e tt-frt1l\ - n - G.nn (hed1anf5ht.tv~' 4. I further declare that I (have) (have not) participated as a party or witness or in any other capacity in any other litigation concerning the custody of the same child(ren) in this or any other ,state. (If ,answer is affirmative, set forth details) /Va 5. I (have)(have not) information of any previous custody proceeding or agreement concerning the child(ren) in this or any other state. (Insert details if affirmative) ;Vn 6. I (do) (do not) know of any person not a party to this proceeding who has physical custody of the child(ren) or claims to have custody orAv}~tation rights with respect to the child(ren). (If affirmative. insert details) ~~ . , 7. I make this affidavit as required by Section 75-j of the Domestic Relations Law' of the State of New York. knowing that the Court will rely, on the information herein stated in determining the proce~ding commenced upon ~e attached petition. ?~'-R~ Sworn to before me this ;:{ ~ \ ./ day of --J04l ,) ClJ.~ .- ~ dO 0 I r~?~' ~ ~ C:fYl{jn,{;.XL> Cj>~ ?/o/ .. Notary'~ublic < " , 'r / (< ~' ...... February 6,2001 Page 2 I do not believe that New York and Pennsylvania share a uniform act respecting allegations of domestic violence, so the family offense proceedings which Mr. Rufrano has commenced here against Ms, Wheatley will remain on our court calendar for consideration in due course, Very truly yours, ~k Robert L. Estes RLE:vg Ene, pc: Maryann Murphy, Esq. Mr. Richard Rufrano ~~-- ~[ , "C' ,'~'- ,'"'" ' ...><- ,'.. ~ , ~~- . . ,J...... J. THERESA L. WHEATLEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 01-675 CIVIL ACTION LA W RICHARD F. RUFRANO DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 30, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January 21, 2005 , the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!;. FOR THE COURT, By: Isl Hubert X. GilroV. Esq. Custody Conciliator yii\ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of] 990, 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 A TTORNEY 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 170] 3 Telephone (717) 249-3166 < """,:, io4' "' "- '" - "-~ ~"" ,- ,~ ~I""_~'_"c;..-,.'<~ ' .. .. -'I~;;.",.~__h"';;';'>,\--~",~"""".-_,~Vj'~;_ "J'''''~""' ',.',"- --",--,-',,-",.- -,~. >-~ ^""''"iii,.,','-!-i.',,''.',-.;---ri>';''''';;t. OF fltED-0FF!CE THe PROTHI)>'I'~TAnv \,,,-/\UI?f1, ZOOS JAM -5 PH 3: 22 CUrdbb-":~/\i":r'i f f", , IJ IT\'' h::,t\fj\ 1':'-\';1-\1 ,',!,.Jljl\ I t -.. , '1\.)) _ 'l'-~j\jit\ J'S-"?6 M~ c?~ ~ ~ 4 ~ /-sr -e>S- ~ /t<a~ 4........ Z ~ 1~'C(5 ~~~~.:d4# ""~,,,.~ ~.~IlIl,?~ , ~~ _~~~'>''''l';!\!i;;!?il!!l\WIl~':!ll)<b~:,~~~},-mi,,*7W~ljf,n~~~~"W1if'j~')ll~~~~OT """"". ".~ ,~ , .. ., -"~ .--^" .', _~""_'h""A~" """,,,,=~-,,<.," ". "~)' " , (j DEe 1 72004 'f Theresa L Wheatley, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-0675 CIVIL TERM Richard F, Rufrano, Respondent CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, ,200_, upon consideration of the attached Petition to ModifY Custody, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of o'clock, ,200~at _,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 accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation 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 LA WYER 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 North Bedford Street Carlisle, PA 17013 "7J 7-249-3166 L_ _.~ . _ ~ , , - 1- ,'~ 'k,,,,"-~- ,---',"-,;{," f:-j;f":';;,,',,""_~, ',,"__,~, ~, " "~~" ,- ., Theresa 1. Wheatley, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VI. NO: 01-0675 CIVIL TERM Richard F. Rufrano, Respondent CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Richard Rufrano, who resides at 2626 Northfield Dr., East Petersburg, Pennsylvania 17520, 2. Respondent is Theresa L. Wheatley, who resides at Six Links Trailer Park, Lot #17, Mechanicsburg, Pennsylvania 17055 3, On February 8, 2001, the Honorable J, Wesley Oler entered a Custody Order attached as Exhibit "A", 4, Since the entry of said Order, there has been a significant change in circumstances in that: a) Father has moved from New York to Pennsylvania; therefore, it is much easier for Father to exercise partial physical custody on weekends. b) Mother is not allowing Father to see child under the current Custody Order. 5. The best interest of the children will be served by the Court modifYing said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Father shall have shared legal custody and shall exercise partial physical custody every other weekend from Friday at 5:00 PM until Sunday at 8:00 PM. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: IJ..../&.pt1 1Yl0lJ Michael J, Whare, Es 155 S, Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court LD, # 89028 Attorney for Petitioner '" ~-- ^ "'I ,..,. .. ;-.,', '., ,_, """~"',v"_'_"""'" ._, ;.,. .. ' . ., Theresa L. Wheatley, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 01-0675 CIVIL TERM Richard F. Rufrano, Respondent CIVIL ACTION - LAW IN CUSTODY VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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. Date: /;l- I~ - C) 7 K~- K'j-'~'~e> Richard F. Rufrano ,'I,,' ',"" _'~' ,Vn'_'_" ~,"& ""-"",~.~",,,~;...,' ..'"'--"'-' ". '~ . Theresa 1. Wheatley, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 01-0675 CIVIL TERM Richard F. Rufrano, Respondent CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Richard F. Rufrano, Petitioner, do hereby certifY that I this day served a copy ofthe within Motion upon the tollowing by depositing same in the United States mail, Certified/Return Receipt Requested, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Theresa 1. Wheatley Six Links Trailer Park, Lot # 17 Mechanicsburg, P A 17055 Dated: I d _ / (p wQ 1./ ;1/l-tYL.I ~ t.-A Michael J. Whare, Esqu~ Attorney for Petitioner -""""'"'~.--~ J1 ~"' "';~'-',i', . . ,..---;.-. THERESA L. WHEATLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD F. RUFRANO, Defendant 01-0675 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of February, 2001, upon consideration of Plaintiff's Petition for Special Relief-Temporary Order Pursuant To Pa.R.C.P 1915.13 with respect to custody of the parties' child, Emily Marie Rufrano (date of birth December 19, 1997), and pursuant to an agreement reached in open court between Plaintiff and her counsel, Maryann Murphy, Esquire, and Defendant, pro se, it is ordered and directed as follows: 1. The parents shall advise each other of all important matters concerning, their minor child. 2. Mother shall have primary custody of Emily. 3. Father shall have partial physical custody of Emily on the following schedule: (a) One weekend per month from Friday at 5:00 p.m. until Sunday at 8:00 p.m., the first weekend being February 16th, 2001. (b) One week per month, that first week being March 2nd through March 10th of 2001. The hours shall be from Friday at 5:00 p.m. until Saturday at 10:00 a.m. (c) And at other times as agreed by the parents. 4. Father's Day weekend will be with father and Mother's Day weekend will be with mother from Friday at 5:00 p.m. until sunday at 8:00 p.rn., regardless of the usual schedule. EXHlfJIT "A- LIltdl ~l ,...' ~ , - ,. 5~ : 5. The parents shall share and alternate the Christmas holiday each year. Father shall have his week of custody with the minor child during the Christmas holiday. In 2001 and in all odd years thereafter, mother's share of the Christmas holiday shall include Christmas Day. In 2002 and all even years thereafter, father's share of the Christmas holiday shall include Christmas Day. 6. Thanksgiving shall be alternated each year by the parents with father having Thanksgiving in 2001 and in all odd years thereafter and mother having Thanksgiving in 2002 in all even years thereafter. The hours shall be from Wednesday at 5:00 p.m. until Sunday at 8:00 p.m. 7. All holiday schedules shall take priority over the regular schedule. 8. Neither the parents nor anyone in the household shall use illegal drugs or abuse alcohol. 9. By mutual agreement of the parents, this schedule can be revised in the best interest of the child 10. It is noted that the Defendant has indicated that he will be withdrawing a custody action, which had been filed in the State of New York. By the Court, Maryann Murphy, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 For the Plaintiff Richard F. Rufrano, Pro se RR1 Box 41H Harnden, NY 13782 For the Defendant It CL'j>;"'O h.q""J c~\Mul - L.rr ;1...e '01 @ , ' r1LEJ)~Ol~~!CE _, .' ~~ T~ ,.:- nnrY;i--.:Cl<O 1.t>J<:{ \.Jr- .r:= ,-, ,V" 1 ' . - .....~A I . r; ') 0f;(1~qf-'i~lb rnq'L'-'" Lli'" . l.ol-V ~=~Dut'cjTY fel ZZfJ~. r ~0 -/ c 1. 3S(.3 l:Jf~'I<I I ~ I , I ~ . 'y. 7/l/ . " ' - " >-' , _ = c~... ~ '" '.~. c.,'.".._" .__.",',~_" _""""~ "~~_.' ."'~ '~~'-",: - .IAM 2 6 2DD~ THERESA L. YEAGER, formerly Theresa L. Wheatley Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RICHARD F. RUFRANO, Defendant NO. 01-0675 IN CUSTODY COURT ORDER AND NOW, this -111L. day of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's prior Order of February 8, 2001 is vacated and replaced with the following Order: 1. The Mother, Theresa L. Yeager, and the Father, Richard F. Rufrano, shall enjoy shared legal custody of Emily Marie Rufrano, born December 19, 1997. ii Ii "I Ii 11 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary partial physical custody with the minor child as follow: 1.; I, " II !1 a. On alternating weekends from Friday at 5 p.m. until Sunday at 6 p.m. b. At such other times as agreed upon by the parties. 4. The parties shall work between themselves and their attorneys with respect to creating a schedule for holidays and vacation time for the Father. In the event the parties are unable to reach an agreement on those issues, counsel for either party may contact the Custody Conciliator directly to schedule another conciliation conference. BY THE COURT, cc:4hael J. Ware, Esquire ;.r,f,,?;;une Costopoulos, Esquire )fheresa L. Yeager J RLED-OfFICE OF THE PROTHONOTARY I i 11 i I I I I i ~, 2005 JMi 28 PH 3: 39 C! r~ll~~;:t-:';; ::/, ';'1 (J")1 n.,ITV ,-"p_",_, ,_.,' ''-_ '>-,-.,-,Ul'tI ! PENi\ISY1J/l~!\l!!\ I ~ . . ~ ~ ' "-c. ~.. . _-~. ,"' "-"h'",,- - LJ. ,~""-" '" , ~-",,^-- . .. . .,~"-"",,,, .'>-~. ,,~, "-'-"="'",->-', ~'"' ". , .", ""., . THERESA L. YEAGER, formerly Theresa L. Wheatley Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RICHARD F. RUFRANO, Defendant NO. 01-0675 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 infonnation pertaining to the child who is the subject of this litigation is as follows: Name Emily Marie Rufrano, born December 19,1997. 2. A Conciliation Conference was held on January 21, 2005, with the following individuals in attendance: The Father, Richard F. Rnfrano, with his couusel, Michael J. Whare, Esquire, and the Mother, Theresa L. Wheatley, who appeared without couusel. She indicated that she had previously retained Jeanne Costopoulos who was not in attendance and who could not be reached by phone. 3. The parties agreed to modify the alternating weekend schedule but there is a disagreement with respect to some holidays and some miscellaneous issues. The Conciliator recommends a weekend schedule consistent with the standard weekend schedule in Cumberland County. The Conciliator will direct the parties to work through their attorneys to determine if the other minor issues can be worked out and, if not, the Conciliator will convene another Conciliation Conference. 4. The Conciliator recommends an Order in the form as attached. 1- /} .1'--; Or DATE Qi ~ilIli "I " ~_. ,;j,,~t!\ . ~ ') Jy MAR 16 200S{ THERESA 1. YEAGER (formerly Wheatley): THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No. 01-0675 CIVIL RICHARD F. RUFRANO, Defendant : CIVIL ACTION - A T LAW : IN CUSTODY ORfiF,R OF COTTRT AND NOW, this -.ZJ..d day of yV1v 1"1 , 2005, upon consideration ofthe within Petition to Enter Stipulation as an Order of Court, the Petition is hereby granted, BY THE COURT: , J. . ,if l\J'~~ \'''~.r'1'''' \.\ \ ~) . l To ""~ < A1 ~~, ~, ~""",,",....,.,.,iiIIl!lI'lI'I . ~-- ~ ~-". ~ '- " - r- .,= ,~o u' ~"T'~."""''"'' ~ ..--'.~- - .--= -.=~~"" FJ~ OF THE! P!10THON01ARY 2005 MAR 22 AM r I: 50 CUMBEHL;:m CDUN1Y PENNSYLVANIA ~ _,,,., ~ ~~, ~~D~-m'~~1ffiIl1'P'~"'R!li'jP!!f"'f""i"~F"~"".~1;\\!J'J"twr..r~~'---';:1i8'>'i'~"'-.,"N"""''''~f'~'''~~:IVlW' .~ -. . ~ f'- . THERESA L YEAGER (formerly Wheatley): THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No, 01-0675 CIVIL RICHARD F. RUFRANO, Defendant : CIVIL ACTION -AT LAW : IN CUSTODY PETITION TO ENTER STTPTlT ,A TION AS ORDER OF COTlRT AND NOW, come the parties, TheresaL Yeager and Richard F. Rufrano, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, Theresa L Yeager (the Mother hereinafter) and Richard F. Rufrano (the Father hereinafter), have born to them one child, namely Emily Marie Rufrano, born December 19, 1997 (the Child hereinafter); and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel oftheir choice 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. The Mother, Theresa L Yeager, and the Father, Richard F, Rufrano, shall enjoy shared legal custody of Emily Marie Rufrano, born December 19, 1997, 2. The Mother shall enjoy primary physical of the minor child. 3. The Father shall enjoy periods of temporary partial physical custody with the minor child as follows: .... -~ -~., "'.. (a) Alternating weekends from Friday at 5:00 p.m. until Sunday at 6:00 p.m. (b) At such other times as agreed upon by the parties. 4. Each party is entitled to two (2) non-consecutive weeks of vacation with the child per child. The parties shall notifY each other at least one week ahead of time if a vacation week is to be used. Vacation weeks shall not be scheduled during another person's holiday time with the child. 5. Holidays: (a) Every year, the child shall be with Mother on Mother's Day and shall be with Father on Father's Day. (b) The parties shall alternate Easter with Mother having the child all odd numbered years and Father having the child all even-numbered years. (c) The parties shall alternate firework's night to celebrate Independence Day with Father having the child for firework's night all odd-numbered years and Mother having the child for firework's night all even-numbered years. (d) In all odd-numbered years, Mother shall have the child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and Father shall have the child from 3:00 p.m. until 9:00 p.m. In all even-numbered years, Father shall have the child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and Mother shall have the child from 3:00 p.m. until 9:00 p.m. (e) In all odd-numbered years, Mother shall have the child on Christmas Day from 9:00 a.m. until 2:00 p.m. and Father shall have the child from 2:00 p.m. until 9:00 p.m. In , ~, L' ~'--in all even-numbered years, Father shall have the child on Christmas Day from 9:00 a.m. until 2:00 p.m. and Mother shall have the child from 2:00 p.m. until 9:00 p.m. (t) The holiday schedule shall supersede any other section contained in this agreement. 6. Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notifY the other party of said circumstances. Neither party shall remove the child from Pennsylvania without consent of the other party. If either party exercises custody away from home, that party shall provide the address and phone number of where they will be staying before leaving the area. 7. Both Parties shall have the right to reasonable telephone contact with the child during the other party's period of custody. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 8. Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. î 9. Any of the provisions of this Agreement may be modified or deleted upon mutual consent/agreement ofhoth parties or upon Petition to the Court for Modification. ~ _ -"J , - .~'''~'~ .'." . ~ "'~J...~'~ . 10. This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Agreement be entered as an order of court, hereby set their hands and seals and the date of their acknowledgment. .../ :6 -/ f~ D 5 Date ,~(c~ /Witness .IJ/l ~ 4 L-A. Witness / ?~-./.,~ -Jl~ RICHARD F. RuFRANO 3-/1-0)" Date '. ~'LE" rn::tr'E r I _t..rVh h--' ("r~ TH'c~ pDnTW'f'JI\',OTAQV -...,. I I ['d 1 ,"-" ."" ,I'J " 2una MAR 14 Ptl 3: 23 CI "r:,c:,' :"" "'!J'" "jry. . i.',' .'! c""'!} ,- Ill'" ~, '.,..J~_ .-',' n," Y ,~ . 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