HomeMy WebLinkAbout99-04458
TO LAW OFFICE
YOU ARE HEREBY NOTIFIED TO PLEAD TO V
THE ENCLOSED WITHIN WE HEREBY CERTIFY THAT THE WITHIN IS
TWENTY 1201 LO DAYS OF SERVICE HEflWIT IN JAMES, SMITH, DUPKIN & CONNELLY, LLP A TRUE AND CORRECT COPY OF THE
A DEFAULT JUDGMENT MAY BE ENTERED
ORIGINAL FILED IN THIS ACTION.
AGAINST YOU. P. O. BOX 650
BY BY Q A ({f`
ATTORNEY HERSHEY. PENNSYLVANIA 17033-0650 ATTpryyy. 11 199Y7? \?7 c
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MARK E. RATHGEBER, : THE COURT OF COMMON PLEAS
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99 -4458 CIVIL TERM
LAURA J. KROUT, : CIVIL ACTION -LAW
Defendant/Respondent : IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this l I? day of - -' +4 1999, upon reviewing the attached
Petition for Special Relief, it is hereby ORDERED AND DECREED that the minor children,
Ashton H. Rathgeber and Kevin E. Rathgeber, remain in their present school placement in the Big
Spring School District pending further Order of this Court.
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BY THE COURT:
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MARK E. RATHGEBER, : THE COURT OF COMMON PLEAS
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99 - 4458 CIVIL TERM
LAURA J. KROUT, : CIVIL ACTION -LAW
Defendant/Respondent : IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, comes the Petitioner, Mark E. Rathgeber, by his attorney, John J. Connelly, Jr.,
Esquire, and avers as follows:
Your Petitioner is Mark E. Rathgeber who resides at 119 Oppossum Lake Road,
Carlisle, PA 17013.
2. The Respondent is Laura J. Krout who resides at 30 Sunset Drive, Mechanicsburg,
PA 17055.
3. The parties are the parents of two minor children: Ashton 11. Rathgeber, date of
birth January 5, 1992, and Kevin E. Rathgeber, date of birth April 17, 1995.
4. On August 2, 1999, your Petitioner filed an action in custody, attached hereto and
marked Exhibit "A.
5. The parties separated in approximately April of 1997 and since that date, your
Petitioner has had custody of the minor children from Sunday evening at 7:30 p.m. through Friday
at 4:30 p.m. each week with the Respondent having custody each weekend. The schedule was
implemented even though the parties, in a written Property Settlement Agreement, set forth a shared
custody schedule. A copy of the paragraph of the said Agreement regarding custody is attached
hereto and marked Exhibit "B".
6. The minor child, Ashton, is going into second grade at Plainfield Elementary School
in the Big Spring School District.
7 The minor child, Kevin, is a developmentally delayed student who attends school at
the Walnut Bottom Center Intermediate Unit. The child was attending therapy on a regular basis
until last September when he began schooling at the Walnut Bottom Center Intermediate Unit
where during the past school year he attended school 2 days per week for 2 %: hours per day.
Beginning in September, he will be attending the same Intermediate Unit 4 days per week for 2
hours per day.
8. The Respondent has contacted Ashton's elementary school and advised the school
officials to transfer the records of the minor child, Ashton, to the Mechanicsburg School District
where the Respondent presently resides. It is the Respondent's intent to enroll the child in the
second grade class in the Mechanicsburg School District.
9. Pursuant to the Petitioner's Custody Complaint, a custody conciliation conference in
this matter is scheduled for August 23, 1999. In the event the parties cannot reach some agreement
at the time of the custody conciliation conference, the matter will not be heard by the court until
well after the beginning of the 1999-2000 school year.
10. It is not in the best interests of the minor children to have their school placement
changed pending the completion of the custody action.
11. The minor child, Ashton, has expressed a preference to the Petitioner to remain in
her present school.
13. The custody schedule that the children have been operating under since April of
1997 should not be disrupted pending the outcome of the custody action regardless of the terns of
the Property Settlement Agreement. The schedule as set forth in Exhibit "B" (Property Settlement
Agreement) is fragmented with numerous exchanges and, in fact, the said schedule was never
implemented when the parties separated. The Respondent is now insisting on the implementation of
the schedule as set forth in the Agreement which the Petitioner does not believe is in the children's
best interests.
14. It is believed and therefore averred by the Petitioner that the best interests of his
minor children will be served by the continuation of the Sunday through Friday custodial schedule
in the Petitioner and retention of the school placement of the minor children. These matters can
then be addressed at the time of the custody conciliation conference and, if no agreement can be
reached, will ultimately be addressed by the Court.
WHEREFORE, it is respectfully requested that a Temporary Order be entered continuing
the existing custodial schedule and permitting the children to remain in their present school
placement pending further Order of this Court.
Date: Z 11 \ °19
Respectfully submitted,
JAMES, SMITH, DVRXK& CONNELLY
John 1. 6nnelly, Jr.,
t ttorri for Pe6tion,
P6srO 650
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 15615
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom
falsification to authorities.
Date: b/ t X I
MarE. Ra eber, Petitioner
EXHIBIT "A"
MARK E. RATHGEBER, : THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 01 IVIL_72' 111
LAURA J. KROUT, CIVII. ACTION -LAW
DEFENDANT : IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Mark E. Rathgeber, residing at 119 Oppossum Lake Road, Carlisle,
Cumberland County, Pennsylvania 17013.
2. The Defendant is Laura J. Krout, residing at 30 Sunset Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. Plainti$seeks custody of the following chiIdreen.
NAME PRESENT RESIDENCE
Ashton H. Rathgeber 119 Oppossum Lake Road
5 days with Plaintiff at: Carlisle, Pennsylvania
2 days with Defendant at:
Kevin E. Rathgeber
D.O.B.
01-05-92
30 Sunset Drive
Mechanicsburg, Pennsylvania
Same as above
04-17-95
The minor child, Ashton H. Rathgeber, was born aim of wedlock. The minor child, Kevin E.
Ra thgeber, was not bom out of wedlock.
The children are presently in the custody ofPlaindff for five (5) days in each week at 119
Opposstnn :Lake Road, Carlisle, Pennsylvania, and in the custody of Defendant for two (2) days
each week at 30 Sunset Drive, Mechanicsburg, Pennsylvania.
During the past five years, the children have resided with the following pawns and at the
following addresses;
NAME
Mark E. Rathgeber (Father) and
Laura J. Krout (Mother)
RESIDENCE DATE
119 Oppossum. Lake Road I994 - 04197
Carlisle, Pennsylvania
Mark E. Rathgeber
Laura J. Krout
Laum J. Kraut
Ricky Krout (Step-fmher)
Tommy Kraut (Step-broths)
119 Oppossummm Lake Road 04197 - Present
Carlisle, Pennsylvania
39 '/-_ Bal imo a Street 04/97 -04198
Mt Holly, Pennsylvania
30 Sunset Drive 04/98 - Present
Mechanitsbuug, Pamsylva=
The mother of the cEdren is, Lama J. Kraut, ctrnemly residing at 30 Sunset Drive,
Mechanicsburg, Pennsylvania. She is married
The father of the children is Mark E_ Ratbgeber, currently residing at 119 Oppossurn Lake
Road, Carlisle, Pennsylvania. He is divorced-
4. Although the parries had entered into a Pmpaty Serlemert Agreement designating a
shared custody schedule, in actuality, the Plaintiff bas had primary custody of the minor children,
having the children five (5) out of seven (7) days per week since the date of the parties, separation
in April of 1997 until the present The Defendant resided, dtrmng her periods of custody, with the
children.
9. Each patent whose parental rights to the children have not been
terminated and the person who has physical custody of the children has been named as parties to
this action.
WHEREFORE, the Plainti$ Mark E. Rathgeber, requests the court to grant primary
physical custody of the minor children, Ashton IL Rathgeber and Kevin E. Rathgeber, to him.
JA.S, SWI*HL DURIQ& CONNELLY
Date: ; -I q-- Y `1
108-1 t2 m Street
Haaisuurg, PA 17108
(717) 238-4776
PA I.D. No. 15615
SON
I verify that the statements made m this Pleading ate ttae and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unswotn falsification to authorities.
Date: - g - ??? l?
EXHIBIT "B"
($240.25) dollars prior to the finalization of the divorce to
Wife's attorney. All other fees and costs associated with this p
action shall be the responsibility solely of the party incurring
such expenses.
6. CUSTODY AND SUPPORT. The parties agree to share legal
and physical custody of their children Ashton H. Rathgeber (DOB
January 5, 1992) and Kevin E. Rathgeber (DOB April 17, 1995)
until Ashton begins school. Husband shall enjoy partial physical
custody of both children each week from Sunday morning through
Tuesday evening, wife shall enjoy partial physical custody of
both children each week from Thursday morning through Saturday
evening, and the parties shall alternate partial physical custody
of both children each week on Wednesdays. Once school begins, i
the parties agree to renegotiate this arrangement to reflect the
best interests of the children. Both parties waive any and all
right to child support at this time. The parties further agree
that Husband shall claim Ashton as an exemption on his federal
income tax return each year and Wife shall claim Kevin as an
exemption on her federal income tax return each year.
7. RELEASES. Each party for himself or herself, his or her
heirs, executors, administrators or assigns does remise, release
and quitclaim and forever discharge the other party, his or her
heirs, executors, administrators or assigns, or any of them of
any and all claims, demands, damages, actions, causes of actions,
or suits at law, in equity, of whatsoever kind or nature, for or
because of any matter or thing done, omitted or suffered to be
done by the other party prior to and including the date hereof,
except as preserved by this Agreement, and further provided that
this release shall in no way affect the cause of action in
divorce which has been instituted.
8. VOLUNTARY AGREEMENT. The provisions of this Agreement i
and their legal effect are fully understood by the parties hereto
after having ample opportunity to review and discuss the provi t\
MARK E. RATHGEBER,
Plaintiff/Petitioner
V.
LAURA J. KROUT,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99 - 4458 CIVIL TERM
: CIVIL ACTION -LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney
for the Plaintiff/Petitioner, Mark E. Rathgeber, hereby certify that I have served a copy
of the foregoing Petition for Special Reliei on the following on the date and in the
manner indicated below:
FACSIMILE (717) 240-0066 AND HAND DELIVERY
James K. Jones, Esquire
7 Irvine Row
Carlisle, Pennsylvania 17013
JAMES, SMITH, DURKIN & CONNELLY
DATE: S l
John,yConn ,Ily, Jr.,
Attorley for Plaintiff/I
Post Office-Box 650
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 15615
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SEPARATION, PROPERTY SETTLEMENT AND CUSTODY AGREEMENT
Made this ?*5 day of ?( U 1997,
BY AND BETWEEN LAURA J. RATHGEBER, hereinafter "Wife,''
A
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MARK E. RATHGEBER, hereinafter "Husband.''
WHEREAS, the parties hereto are husband and wife, having
been married on December 25, 1993 in Hartford County, Maryland;
and
WHEREAS, at least one party is a resident of the Common-
wealth of Pennsylvania and has been for at least the last s...
months; and
WHEREAS, certain irreconcilable differences have arisen
between the parties, as a result of which they lived separate anCi
apart from one another and as a consequence of which Wife has
instituted an action in divorce pursuant to Section 3301 of the
Divorce Code in the Court of Common Pleas of Cumberland County,
Pennsylvania; and
WHEREAS, the parties desire, without litigation, to enter
into an agreement settling and determining all. matters of wharev--
er nature concerning their rights and obligations in relation to
each other; and
WHEREAS, it is the independent judgment of Husband and 'Aifz,
PLAINTIFF'S
EXHIBIT
having had ample opportunity to consult with an attorney of their
own choosing, and being fully advised of their respective rights,
that the following provisions are in the best interests of ch%:
parties, all of the provisions hereof having been agreed coon
between them without coercion, duress or undue influence on the
part of either of the parties hereto as against the other part:;
and each of the parties being familiar with the financial and
economic position of the other party, each having made a full anc:i
complete disclosure of all assets owned and possessed by the
parties at the time of the Agreement.
NOW THEREFORE, in consideration of the covenants and oror,-
ises hereinafter mutually agreed to be kept by each party, as
well as for other good and valuable consideration, the parties
hereto, intending to be legally bound hereby, have agreed as
follows:
1. INCORPORATION. The foregoing recitals are incorporated
herein and made a part as if set forth at length.
2. SEPARATION AGREEMENT. It shall be lawful for Husband
and Wife at all times hereafter to live separate and apart frOM
each other and to reside from time to time at such place or
places as they shall respectively deem fit, free from any con-
trol, restraint or interference, direct or indirect, by each
other. Neither party shall molest the other or compel or endeav-
or to compel the other to cohabit or dwell with him or her by any
legal or other proceedings. The foregoing provisions shall noL
be taken to be an admission on the part of either Husband or Wife
of the lawfulness of the causes leading to them living separate
and apart.
3. DIVISION OF MARITAL PROPERTY. The parties have attempt-
Ed to divide their marital property in a manner which conforms to
the criteria set forth in Section 3502 of the Pennsylvania Domes-
tic Relations Code as amended, and taking into account the fol-
lowing considerations: the length of the marriage; any prior
marriages of the parties; the age, health, station, amount and
sources of income, vocational skills, employability, estate,
liabilities, and needs of each of the parties; the contribution
by one party to the education, training or increased earninr,
power of the other party; the opportunity of each party for
future acquisition of capital assets and income; the sources of
income of both parties, including, but not limited to, medical,
retirement, insurance or other benefits; the contribution or
dissipation of each party in the acquisition, preservation,
depreciation or appreciation of the marital property, including
the contribution of a party as a homemaker; the value of the
property set apart to each party; the standard of living of i:nr,
parties established during the marriage; the economic circum-
stances of each party, including Federal, State and local ziax
ramifications, at the time of the division of property is
become effective; and whether the party will be serving as enc.
custodian of any minor children.
A. REAL ESTATE. Wife does hereby release, remise and quit-
claim all of her right, title and interest in the equity to the
marital residence known and designated as 119 Oppossom Lake Road,
Carlisle, Pennsylvania to Husband. Husband shall be responsible
for and shall hold Wife harmless from any and all financial
obligations due as taxes, insurance, judgments, liens, encum-
brances, or mortgages against the real estate, including, bu, not
limited to, the mortgage to GMAC Mortgage Corporation and except-
ing the home equity loan mortgage to Members 1st Federal Credit
Union which shall be the responsibility of Wife. Upon refinance;
of the GMAC mortgage into the name of Husband or satisfaction of.
the mortgage in full, Wife agrees to convey her total right,
title and interest to the real estate to Husband by special
warranty deed. Wife further agrees to fully cooperate with an;
transaction necessary to refinance or satisfy said mortgage.
B. VEHICLES. Husband shall retain possession of the Fcrc
F130 and Wife shall retain possession of the Subaru Legacy.
Husband shall be responsible for and shall hold Wife harmless
from any and all financial obligations due against the vehicles,
including, but not limited to, the Note to Postmark Credit Union.
Upon refinance of the loan into the name of Husband or satisfac-
tion of the loan in full, Wife agrees to convey- possession of the
Subaru Legacy and her total right, title and interest to th?
vehicles to Husband. Wife further agrees to fully cooperate with
any transaction necessary to refinance or satisfy said loan.
C. OTHER MARITAL PROPERTY. The parties are currently in
possession of all other personal property which they have to
retain as their sole and exclusive possession. Personal property
includes, but is not limited to, housewares, furniture, appli-
ances, tools and bank accounts. The parties do hereby release,
remise and quitclaim all right, title and interest to property i.,
the name of the other party, including, but not limited to,
employee deferred compensation plans and life insurance policies.
4. DEBTS AND OBLIGATIONS. Husband agrees to secure a loan
in an amount equal to or exceeding ninety (90%) percent of the
marital residence's current value. The proceeds of the loan
shall be used to pay the costs of the transaction and satisfy the
note and mortgage held by GMAC Mortgage Corporation encumbering
the residence. The balance of the loan shall be paid to wife_
Wife agrees to satisfy the note and mortgage held by members ;se
Federal Credit Union and apply any and all remaining proceeds to
the loan held by Postmark Credit Union encumbering the parties'
vehicles.
The parties further acknowledge that from the time of their
separation to the date of this Agreement that each has incurreJ
various financial obligations individually, and each party agreas
to be responsible for and to pay all such individual obligations
which he or she may have contracted, and each party hereby `ur
ther agrees to indemnify and save harmless the other against any
and all loss, damage, action, claim, cost or expense which may
result from the failure of such party to pay such obligations as
and when they may become due.
5. ATTORNEYS FEES AND COSTS. Husband agrees to pay one-
half of the attorneys fees associated with the divorce action in
the amount of one hundred fifty ($150.00) dollars and one-half of
the of the filing fee expenses in the amount of ninety and 25/100
($90.25) dollars for a total of two-hundred forty and 25/100
(5240.25) dollars prior to the finalization of the divorce to
Wife's attorney. All other fees and costs associated with this
action shall be the responsibility solely of the party incurring
i
such expenses.
i
6. CUSTODY AND SUPPORT. The parties agree to share legal
I
and physical custody of their children Ashton H. Rathgeber (DOB
January 5, 1992) and Kevin E. Rathgeber (DOB April ;7, 1995)
I until Ashton begins school. Husband shall enjoy partial physical
custody of both children each week from Sunday morning through
I?
Tuesday evening, Wife shall enjoy partial physical custody of
both children each week from Thursday morning through Saturday
evening, and the parties zhall alternate partial physical custody
of both children each week on Wednesdays. Once school begins,
the parties agree to renegotiate this arrangement to reflect the
!i best interests of the children. Both parties waive any and ail
right to child support at this time. The parties further agree
that Husband shall claim Ashton as an exemption on his federal.
income tax return each year and Wife shall claim Kevin as an
exemption on her federal income tax return each year.
7. RELEASES. Each party for himself or herself, his or her
heirs, executors, administrators or assigns does remise, release
and quitclaim and forever discharge the other party, his or her
heirs, executors, administrators or assigns, or any of them of
any and all claims, demands, damages, actions, causes of actions,
or suits at law, in equity, of whatsoever kind or nature, for or
because of any matter or thing done, omitted or suffered to be
done by the other party prior to and including the date hereof,
except as preserved by this Agreement, and further provided that
this release shall in no way affect the cause of action '_n
divorce which has been instituted.
8. VOLUNTARY AGREEMENT. The provisions of this Agreement
and their legal effect are fully understood by the parties hereto
after having ample opportunity to review and discuss the provi-
sions hereto as well as questions pertinent thereto, Husband
being represented by himself, although notified of his right to
seek counsel, and Wife being represented by James K. Jones,
Esquire. The parties acknowledge that they fully understand the
facts and are fully informed as to their legal rights and oblica--
tions. They acknowledge and accept this Agreement as fair and
equitable, that it is being entered into freely and volu.n.taril,
and that the execution of this Agreement is not the result of any
duress or undue influence.
9. OTHER DOCUMENTS. The parties covenant and agree that
they will forthwith execute any and all written instruments,
assignments, releases, satisfactions, deeds, notes or other such
writings as may be necessary or desirable for the proper imple-
mentation of this Agreement.
10. ENTIRE AGREEMENT. This Agreement constitutes the entire
understanding between the parties, and there are no covenants,
conditions, representations or agreements, oral or written, of
any nature whatsoever, other than those herein contained.
11. MODIFICATION AND WAIVER. No modification of any of the
terms of this Agreement shall be valid unless in writing and
executed with the same formality as this Agreement. No waiver oC
any breach or default hereunder shall be deemed a waiver of any
subsequent breach or default of the same or similar nature.
12. INTERPRETATION. This Agreement shall be interpreted in
accordance with the laws of the Commonwealth of Pennsylvania as
of the date of this Agreement. If either party commences an
action against the other to enforce any of the terms of this
Agreement or because of the breach by either party of the terms
hereof, the losing or defaulting party shall pay the prevailing
party the reasonable attorneys' fees, costs and e>:penses incurrec
with the prosec::ition or defense of such action.
IN WITNESS WHEREOF, the parties hereto, intending to be
legally bound hereby, have hereunto executed this Agreement.
WITNESS:
n
L?adra J. Ra}lhgeber„
Park E. Rathgeber
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THE LAW OFFICE OF
JAMES K. JONES, ESQUIRE
ATTORNEY AND COUNSELOR IN THE
GENERAL PRACTICE OF THE LAW
7 IRVINE ROW
CARLISLE, PA 17013-3019 fl
I
Telephone (717) 240-0296
Fox(717)240-0066
Email: JKJONESY @ aol.com
July 09, 1999
Mark E. Rathgeber
119 Oppossom Lake Rd.
Carlisle, PA 17013
Dear Mr. Rathgeber:
As Ashton is now is school and Kevin soon will be attending school, Laura has
contacted me in regard to establishing a more permanent custody arrangement for your
two children. As indicated in your custody agreement, the agreed arrangement was
temporary. It is therefore necessary to either establish an agreement between the parties
or petition the Court for a solution to this situation.
Laura has proposed a shared arrangement whereby during the school year the
children would reside with her and you would have the children on alternate weekends
from Friday at 7:30 p.m. through Sunday at 7:30 p.m.. During the week in which you do
not have the children, you will have one evening of your choice. During the summer, the
children would reside with you and Laura would have alternating weekends as set forth
previously. She also requests one full week with the children as well as the two days
immediately following the end of school and the two days prior to the school year
commencing.
In regard to holidays, she would propose that they be alternated between you but
that you would have the children during extended school vacations such as Christmas and
Easter. Further, Laura is willing to settle for $50.00 per week in child support for only
those weeks in which they reside with her. Therefore, during the approximately fifteen
weeks that you would have the children during the summer and extended holidays , no
support would be due.
It is clear that a more permanent arrangement must be made in the best interest of
the children. Your ability to promptly resolve this matter is certainly in the children's best
interest. I therefore request that you respond to this letter as soon as possible. If you have
any questions, I would suggest that you consult the attorney of your choice.
Sincerely yours,
ames K. ones
cc: Laura J. Krout
JKJ/mes
THE LAW OFFICE OF
JAMES K. JONES, ESQUIRE
ATTORNEY AND COUNSELOR IN THE
GENERAL PRACTICE OF THE LAW
71RVINE ROW
CARLISLE, PA 17013.3019
Telephone (717) 240.0296
Fax(717)240-0088
Email: JKJONESY @ aol.com
September 13, 1999
Michael L. Bangs, Esquire
302 S. 18th St.
Camp Hill, PA 17011
RE: Rathgeber v. Krout
Dear Mike:
At your request, I have discussed my client's position in regard to custody in the
above matter. She has slightly modified her original proposal to offer that she maintain
primary physical custody of both children during the school year with the father RJI(?
exercising partial physical custody on alternating weekends and an evenin Burin the ?Y?.
week upon agreement of the parties. he father would have
primary physical custody and mother would have partial physical custody every third
weekend rather than alternating weekends. Holidays would be split between the parties '
and the mother would have one full week with the children during the summer upon l
proper notification to the father.
While this modifies our original proposal in regard to custody during the summer
months, we would like to move this matter along by having you schedule a hearing before
a judge to resolve these matters. We will of course continue to try to resolve this matter
among the parties pending that hearing. If you have any questions, or need any further
information, please do not hesitate to contact me.
Sincerely yours,
ames K. Jones
cc: Laura J. Krout
John J. Connelly, Jr., Esquire
JKJ/mes
z?i?ro l,?.r'y
44 ;?O
V .r
v ?pl.Carlisle Hospital
24G Parkcr SL, Carlisle, PA 170130010 Clinical Laboratory Report Henry S. CruI, M.
Mod,.l 0lmmor
RATHGEBER, KEVIN EDWARD OUTPATIENT REPORT
DOB:04/17/1995 AGE 7 DYS I; PRINTED 24APR95
(002)774637 999-99-9999 (717) 249-0577 TIME 215G
119 OPOSSUM LAKE RD ADMITTED 24APR95
DR BROPHY, DOW E. (attending phy: BROPHY. DOW E. )
PAGE 1
`"2*CEMISrTR1^
DAY OF STAY
COLL. DATE 24APR95
& TIME 131 3- -.Lt
PROCEDURE
CHUM CONSTITUENTS REFERENCE UNITS
BILI N 8.3
CI
DEFENDANT"S
4'/GIw wcl
RATHGEBER, REVIN EDWARD PAGE 1
CHEMISTRY End of ReDort
6? DDaPlCarlisle H°spm
246P.llkm s, rte.,-., nn ,,,,„,,.,.,.
RATRGEBER, KEVIN EDWARD OUTPATIENT REPORT
DOB:04/17/1995 AGE 4 DYS M
(002)774637 999-99-9999 (717) 249-0577
119 OPOSSUM LAKE RD
DR BROPHY, DOW E. (attending pqh„y: BROPHY, DOW E. )
DAY OF STAY FRI 001
COLL. DATE 21APR95
& TIME 1331
PROCEDURE
CREM CONSTITUENTS
BILI N E,7
,nua z4 wn
Henry S. C,isl. M
Medical Di,octo,
PRINTED 21"R9
TIME 2207
ADMITTED 21APR9
PAGE I
REFERENCE UNITS
[1.0-12.0)mg/d1
P{- k?s
F?r uerL-?/
RATRGEBER, KEVIN EDWARD PAGE 1
CHEMISTRY anrf of pc, ,A ?
I ,
?O:L:.ildvC? IIICin:I;OIIYI::;'.?. :I?':: l'IC.:PiiJ•
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1921 SPRING RO
rARLISLU, F'FI L7'.'1 :1.:6
yr NAME Pn n[i]r iu
rd'rHi:':G? ..
SmithKline Beecham
Clinical Laboratories
1
OUI ITION NO ACCE3510N,eJ (All OFF ? COLLE C T ION..•
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GENE TiIA'r AL.. .,lJl i'r'S JI: G Eli iflii 9`J OF It"linl t :.I°iv rc:i.
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LABORAToRy REPORT THE GENETICS INSTITUTE
OMAR S, ALFI, 610 , DIRECTOR I 1 WEST DEL MAR BLVD.
ANCHENC WANG.M D, LABORATORY DIRECTOR PASADENA, CA 91105
to 26) 35634o0 (600) 255-1616
PHYSICIAN: SmithKline Beecham Lab I PATIENT: Rathgeber, Kevin
ATTENTION:
ADDRESS: NETC: CRC
7600 Tyrone Ave.
Van Nuys, CA 91405
PHONE: 818 376-6243
FAX:
SPECIMEN: Blood Slide COLLECTED: 9/8/97
O.O.B.: 4/17195
PATIENTI.D.fi: KPI12293C-02'FX97002373D
TEST PERFORMED: Routine Cytogenetics
CONDITION: RECEIVED: 9/16/97
LAB No.: 199713964 ABS COMPLETED: 9/21/97
CHROMOSOME ANALYSIS:
INDICATIONS: Developmental Delay
CHROMOSOME COUNT 45 46 47
Total Number of Cells Counted 20
Cells Analyzed 5
Cells Imaged 4
Cells Karyoyped 2 Banding Method(s): GTG
KARYOTYPE: 46,XY
INTERPRETATION:
Normal karyotype (male)
RECOMMENDATIONS:
COMMENT:
Because of the limited number of cells examined, a low level of mosaicism may be undetected. Small structural aberrations may not be
detected. This study does not detect abnormalities which are not chromosomal in origin.
BOARD CERTIFIED CLINICAL CYTOGENETICS STAFF _ •s
Omar S. Alf, M.D. Rezvan Habibian, Ph.D. N
Unda Marie Randolph, M.D. Frances Tennant, Ph.D.
Jin-Chen C. Wang, M.D. BOARD CERTIFIED CLINI GENETICIST
17013062 AREA/ROUTE/.. JP: ;!: ;,i f`
SPRING ROAD FAMILY PRACTICE
1921 SPRING RD
CARLISLE, PA 17013
(NI"I SmithKline Beecham
Clinical Laboratories
NAME - __._"._..__ ____ '
aTHGERER
KEVIN PA
NENI ID
1.
I
D Ii00h1N0 AGE Slik PIIVSICIAN
. :
; :IrIG
, s: _;
IEOUISITION NO. ACCESSION NO. LABRCF
MDR CERUZZI
;C
4148 t E''F'11cc9 L
=
O ?00LLECt10N DAfEM1 TIME LOGINOAiE REPORT DATE
M1TIME -
RKS -.__ ? 01 /ID a 7:37Aiq
Eli,TEi:,
Tlfgc
FRAGILE X DNA ANALYSIS (CONTINUED)
DNA WAS ISOI._ATED F%Ohl -.HiS F.':CiJT !=i10 TESTED DIRECTLY FOR
TRINUCLEOITIDE REPE,4T iC G)?I I_;,-, f :CfJ IN THE FMR-1 GENE.
THE SAMPLE WAS ASSAYED USING THE Pi_1_Yi'1'ERASE CHAIN REACTION.
NETHYLATION STATUS OF THE FMR-1 ALLELE(S) WAS NOT EXAMINED.
DIRECT DETECTIOfi OF THE iMP--1 EXPAi•lSIOL! IS HIGHL`r' ACCURATE,
BUT RARE FALSE NEGATIVEiPOSITIVE RESULTS MAY OCCUR. PLEASE
CCfdTAL'T THE LABCRATOI?`! YOU HAVE ..UESTIIJIVS AL•OU T TEST RESULI"S„
GE1•4ET10 COUNSELORS ARE 91VA_L1 -LC AT __.:Q•0-'_S FROZE (86'Q-7a-'7-76'23)
TO ASSIST WITf-? ifJTERF'I?E'-A-iI !': -J
- `,iJD FOR RE EiEel=;L
TO GENETIC CENTERS AND Tu
^-A"I _IPI; __ =''npT _ROUP_.
CERTIFIED CLINICAL
MOLECULAR GENETICIST: JEAN R. AMCS, PhD FACMG
(ELECTRONIC SIGNATURE:
Foot-note I
TEST PERFORMED BY;
ALFIGEN - THE GENETICS INSTITUTE
I11 WEST DEL MAR BLVD.
PASADENA, CA 91105
:) END OF REPORT ((
11
1?E11;5?i,;;_ ARLIli rOUTL_, ul= : •- _ •
OPRING ROAD FPMiIL`r• PRACTIC=-
1921 SPRING RD
CARLISLE, Pr-) 1 01 -•:
LMIJVIlMI V111 ncrv"
U SmahKlrne Beecham
Clinical Laboratories
EASTE
TIM(
ROUTINE CYTOGENEIICS
CHR! NOSr_mE ANALYSIS, S)
DETPIL_v?_ TO F .
EL' F.crr_Fa.E LAbGRATGR'r' :EPO,iI ? U .
OLLCIV;
A-Y iF r'1'h,(-Ih1--',.•-i
b ii F'i F•i!?I r_:' P:i'J ?. iiJ Ob Tr_
= :y.::7IL X DNA ANALYSIS
TYP,Z OF SAMPLE: HE AL BLOOD
riL'ASOW FOR REFERRAL: --'._
?_ ijIAGNOSIS OF SYJN 'TDNATIC :HILD
r,C5_?L'f:
f•:ORMtHL MALE 7MR-1 GENOTYPE
.JGG% iiLLL=LE ''A'-' L_ DETECTED
INTERPRETATION:
MOLECULAR ANALYSIS REVEALED FMR,--1 ALLELE IN THE NORMAL SIZE
RANGE IN THIS SYMPTOMATIC ;7;L" PATI
AN 3
TRIfJUCLEGTIDE !CGG) REPEATS AND NO EVIDENCE 1iOFWREPEAT SAMPLIFICATION
WITHIN THE FMJR--1 GENE. 7HE NE'fHYLATIOim STATUS OF THIS NORMAL LENGTH
ALLELE WAS NOT DETERMINED.
THUS, THIS PATIENT DOES NOT HAVE THE TYPICAL MUTATION IN THE FMR-1
GENE THAT ACCOUNTS FOR GREATER. THAN 99x OF FRAGILE X CASES.
COMMENTS:
CYTOGENETIC ANALYSIS, A COMPONENT OF THE FRAGILE*X PACKAGE, 1' C
15 (REPORTED 3C-.=ARAITL-L`r.
METHOD:
A POLYi40RPHIC TRRINUCLEOTIDE (C36) REPEAT IS EMBEDDED WITHIN 70:L'?'
THE FMR-1 GENE. NORMAL f-ILL'= - ONTAIN APPROXIMATELY 5kl OR FEWER COPIES OF THIS REHEAT. TRANSMITTING MALES AND FEMALE
CARRIERS HAVE ONE LARGER ALLELE, A PREMUTATION THAT IS
APi ?ROX IMATELY S@ TO 20 t REP'EATS It•! LENGTH. TRAfJSMITTING MALES AND FEMALE CARRIERS ARE PHENOTYPICALLY NORMAL. ALL DAUGHTERS OF TRANSMITTING MiALE ARE FRAGILE X CARRIERS AND aq_g7
THEIR CHILDREN ARE AT INCREASED RICK TO INHERIT A FULL
MUTATION. FULL MUTATION=, WHI'?_ 9 pI''
^H ARE THE CAUSE OF THE c0?
FRAGILE X PHENOTYPE, ARE GREATGR T-iAF1 230 REPEATS Iiil JC?
LENGTH. FULL MUTATIONS ARISE =ROM EYPANSION OF A MATERNAL. L
PRENUTA T I Oi1l.
I
i 7 REPORT CONT L'JUEG Cl',: NE (T Pi-AGE ,
]. 7013[•)@.2 nf2fi:fli F201.1'rE/ IP: I11.1I'ID
S1='I:IN(? RO111) 1="AI'111.-Y PI:r+Ci I CIS:
:1.921 SPRING RE)
rARLISt.L, FW 1701. :3
Ln: fig ME nn+ltrn
RA-rIIGLPLF,N,I:VIN ;1G5'S i1?13C!r,;
REQUISITION NO. ACCESSION Np -
2 41074;4•i M:F'1a2E::?3C uuc':E?L"-l?,itl.? I
f•'ARTIAL Em
FRAGILE X DFIA nNAE.YSISS (C01•I1II•IUED)
DIRECT DETLCrICN OI= THI: FI'tl<•1
BUT RARE FAI_ctl: III:_Enil'IVii./I'OSI"1'
CON rAC'r T-HE LAE<GI?/l rilli'( IT- •i UU
J (?'j SmithKline Beecham
Clinical Laboratories
ROON!: .] AGG `al:% PHYSICIAN
I'I )R (:ERUZZI
LLECiION OgiE 6 TIME IOGIfhDATE REPORTDATE
L19/ti8/9/ 1 •ib Fi9/09/97 09/17/97 arIME
7:,,snhl
L-•n;al-LRI•I
TIME
UNITS Rr?
?. •.
LXPAPISIUN 3:S HIGI-11_Y ACCURWI-7,
IVE RESULIS (iAY OCCUR. PLEA'-SE
HAVE OL!G:iiTIOPb:i f-iaol.1'r 'rl'cu'r RESUL'T'S
GENETIC COUNSEEL.OR's ARE AVAILABLE Ftr 1--800--5'D F-R-DEIEC (800--727--7623)
TO nSSIST wI rH :ChI`i'IcI;I RLT11 i :CGN OF TMti:Z:ii= I-'ESUI..1'S AND 170F.' REFERRAL
TO GENET I'C CLIA l E RS AND TO PATIENT SUI':'POP;T GR()L1PS.
CERTIFIED CI_11,11cAI.-
MO1._ECULAR GI_NECTICIST:
}) END OF RL1='OI'<`f <<
J'E:nE•I ii. Af'IO:i, f•'hD FAC:PICS
(E LE-CTI<OI•IIC S:CGhIR'rUI:ECi
P"!D
551--8 4`bs
nr , Ladd C,-
L .. (1L;7uSc2 f•': IFI fa l'I I)
51-'RINI Rt:11lD f Al'IIL`i F''fiidCl'1GI-
19.?1 SE ?Ii :C I•J (i IiD
Cf1f:L..SSL.f_, r'(1 J.7ri13
ATIENT NAME
RArIJGL:aL:r< I•:LV.CI'I
Qj SmithKline Beecham
hJIJ Clinical Laboratories
DCNT 10 NOJnI NJ AIL ?F.%
k1iz Z.I
-----""- ?uLC nUN 1]ATE.(ll!,1E LON IN DATC REPDIif DATC ATIME
:L 41f•J7?i Li4 I•: I'-'1.12?9 .?f.. 25i .L-[IijLi •i (d9%G8i97 J. till h19/W :1i Ji 09/17/97
REMARKS -- /'•::flGII`I
IcA5 i'I_f2
f lhlEC
1'AR'r:CAL
CHP0H0S0NE 0Nf-1LYS.I:15 , PI IA
I'=RAG:C1_F_ f I='I:G C(7I'lh'019E1`Ir PE:Pft):EI'IG
F=RAGILE .Y, DMA ANAI_Y_i (S
TYPE ul= SGgi'iF'L_C=: PERIPFIEP'AL BLOOD
RI:[ASON FOR F:IhF1i1•:RiA1...:: DIAGNOSIS OF SY1'jP-101'Jri1J.G CHILD
1?IcSUI_'f :
NORMAL HOLE:: F19R--J. 6EHOTYPE
HO FRAG:CI_I.: X. DI:C'r1=CTGU
0'00) ALLELE. ?5.121.
II'lT 17. RPRET(1T''I:OI.1:
I'IOI_IiCUL_AR AI--•IAL..`i iii:LS RLVI-1 I1-F...D ONE F'NFt-J. AL_LLL-L IN '1'1-I1[ NON111'.1L SIZE
I?AI•IOId iN rl'i.io Sr'1ii:,ro'IOTIC HALE I-'ATIEI1'r. IHF'r_:1_ FIIFJF rI-IAN 48
TT;INLJCL.EO'1.1DL !(.:CiW..- E:I )TS AI'11) NIO E=VIDENCE OF
REr'E!:FIT AI"II''LIF7:CA'I"T.CJId
wr rHI iq ?ri?ll:C i - i`IR-- t GI::I•III. 'rl°I G. Pil-:'TI-IYI_A'r:[ON S i(4 fUS OF N01=:1.101_ 1_EIJ0 ?i'I-1
ALLELE WAS NOT' DL-I'ERPIINGD.
THUS, THIS PA1*11hlf DO LS NOT HOVE THE TYPICAL MUTATION IN THE FI'IR-:f.
GENIE THAI ACCOUhI'I'o FOR GIiLRTIcR THAN 79Y. OF FRAGILE X CASTES.
CONPIENTS:
CYTOGENETIC A1,101-.YSIS, A COPIF'ONENT OF THE FRAGILE X• PACKAGE,
IS REPORTED SL.PARnTL-'LY.
METHOD:
A POLYMOR6'HIC TRINUCLLOTIDE (CGG) REPEAT IS EMBEDDED Q D
rHE 1-1,1R-1..GENE. NORMAL AI_LUES CONTAIN APPROXIMATELY , 1=<
FEWER COPIES Of- THIS RLP,EAT•. TRANISNITTING VIALES AND FEMALE
CARRIERS HAVE ONE LAI<GI.=R ALLELE, A PRENUTATION, THAT IS
APPROXIVIATELY E-0 TO 200 REPEATS IN LENGTH. TRANSMITTING (?G
MALES AMID 1'=ENALL-" CARRIL.F:5 ARE PHENOTYF'ICAI_I_.•r Nuciii l_. Au-
DAUGHTERS OF TItANISPIITTINIG HALES ARE= FRAGILE X CARRIERS ANN)
THEIR CHILDREN ARE A'r INCIiEASLLI R 31: 'r0 INHERIT A FULL
MUTATION. FULL I'lUrATIONS, WHICH ARE THE: CALJSE OF THE
FRAGILE X PHENOTY'P'E, ARE-' GREATEr; THAN 230 REPEATS IN T?8`
LENGTH. FULL 1,11YfATIONS t(I:TSE. FFiOPI EXPANSION OF A NATE.RNAL 0
P1Ri-"j%jT0 TI011. CA
DNA WAS ISOLATED FRUIT THIS PATIENT AND TESTED DIRECT'LY FOR
'rRINUCLEOrIDE I'tl:_PEAT' (CG(i)H LXPANSION IN THE FIV-1 GE=NE.
THE SAMPLE WAS WSAYL•U lJ;i:[hIG THE f•'OLYPIERASE CHAIN RI_ACT101.1.
i,n. I1Y1_R-rioj,i S'rATUi OF MI.' 1=111:-1 ALLELE(G) WAS 140T EX011 HE(
VI
)) REPORT CONTINUED 011 N[_XT PfiGE. (
LOW 24 (VIOU)
Carlisle Hospital
and Health Services
DOPI. Of Pathology
246 ParNor St., Caaiala, PA 170130310
HoNy S, Cnsl, M.D.
Madlcal Diroclar
RATHGEBER, KEVIN E. ER LABORATORY REPORT
DOB:04/17/1995 AGE 3 '!RS r.r PRINTED 21
JDN98
(000)774637 169-75--552 `
-0577
'49 TIME 1841
1
19 OpOSSU.'< LAKE RD
ADMITTED
15JUN98
DR BROPHY, DOW E. (attending phy: COYLE, JOHNSON G.
)
v ;5 f
?? l/CROB/OLOGY
'=
? PAGE
1
L
:
u r
CULTURE BLOOD Collected: 15JUN98 1510 Accession : 98-166
Source: BLOOD - 0478
Received : 15JUN96 1515
Started : 15JUN98 1522
21 ---FINAL REPORT---------------
---- - 1-5--17 -
NO GROWTH
NO GROWTH AT FINAL READING
COYLE, JOHNSON G.
RATEGEBER, KEVIN E. PAGE 1
Carlisle Hospital
and Health Services
Dept. of t o, pathology Car
246 Pa Clinical Laboratory Rel
lisle, PA 17013-0310 RATHGEHER, KEVIN E. ER LABORATORY REPORT
DOB:04/17/1995 AGE 3 YRS M
(000)774637 169-76-2552 (717) 249-0577
119 OPOSSUi4 LAKE RD
DR CERUZZI, DIANE M. (attending PhY: FEHRENBACH, DON14A M.
r3 "? ^Y
S-9QOLOGY3
ti
t S' a W L.wr d...a . _ttKY c s41r'LSy`? t.i?{i5'r
DAY OF STAY MON 001
COLL. DATE 28SEP98
& TIME 0730
PROCEDURE
GENERAL SEROLOGY
RSV s NEG
G
OP??
Footnotes and Symbols
s =STAT
FEHRENBACH, DONNA M.
RATHGEBER, KEVIN E.
C17phl nrv ,
L803 24 (9,89)
rt Henry S. Cnst, MM
PRINTED 29SEP98
TIME 0052
ADMITTED 28SEP98
PAGE I
REFERENCE UNITS
(NEG)
PAGE 1
FAMILY MEDICINE _ PROGRESS NOTES
7 61 F 51M w o ser DATE OF BIRTH
h t< emf m 0 n F1?C ?h, r '??, Formedic
7-,--?
'IDATE •TIME I SUB CTIVE _ _----
CPTCODE OBJECTIVE HT WT T 1+.
ASSESSMENT
DIAGNOSIS PLANS ABP P u
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HY1'RIN
TEWOSIH HCI
CAPSULES
PATIENT NI(ME: RATHGEBER, Kevin \
\PATIENT NUMBER: 740469
procedure well. ?_.will _a
deciding i e results from his biopsies before
on further medical management.
DICTATING MD: Douglas G. Field, M.D.
DGF/rar D: 11/12/97
C: Division of Endoscopy
Kathleen Tucker
DOW E. BROPHY, M.D.
276
SHERM E PA 17090
T: 11/14/97 14:11
COPY
0°9
Page 2 of 2
pmt?j PennState Geisinger
Health Systein
ENDOSCOPY REPORT
PATIENT NAME: R.4°11GEBER, Ke•:in DATE OF BIRTH: 04/17/95
PATIENT NUMBER: 7;0469 DATE OF SERVICE: 11/12/97
ENDOSCOPIST: Douglas G. Field, M.D.
ASSISTANT(S):
NURSE: S. Edris, R.N., L. James, ?.\.
PRE-PROCEDURE DIAGNOSIS: Regurgitation and gagging on higher texture
foods, rule-out esophagitis.
POST-PROCEDURE DIAGNOSIS: Normal upper endoscopy.
MEDICATIONS: Versed 2 mg IV, fentanyl 25 mcg IV.
SPECIMENS: Biopsies of the duodenum, gastric antrum, and esophagus.
PROCEDURE PERFORMED: Es op hagoga s t roduodenos copy with biopsies.
INDICATION FOR PROCEDURE: Kevin is a 2%-year-old boy with a history
significant for regurgitation and gagging on higher texture foods. He is
unable to tolerate stage III baby food. This upper endoscopy is being
performed to rule-out esophagitis as a cause for his dysphagia.
DESCRIPTION OF PROCEDURE: After informed consent was obtained from
Kevin's parents, he was taken to the outpatient endoscopy suite where
conscious sedation was given by nurse Edris. He received continuous
monitoring of his vital signs and arterial saturation throughout the
procedure. After he was adequately sedated, he was turned into the left
lateral decubitus position. The Olympus XP20 endoscope was introduced
into his mouth and advanced into the esophagus. Esophageal mucosa
throughout appeared normal with no evidence of ulcers, erythema, or
thickened esophageal folds. The endoscope was advanced into. the stomach
which was insufflated with air. Gastric mucosa throughout appeared
normal with no erythema, ulcers, ulcerations, or antral nodularity.
Retroflexion revealed a nice wrap of the lower esophageal sphincter
around the endoscope. The endoscope was passed through the pylorus and
advanced to the third portion of the duodenum. Duodenal mucosa
throughout appeared normal. The endoscope was withdrawn into the stomach
and air suctioned. The endoscope was removed and Kevin tolerated the
COPY Page 1 of 2
Carlisle Hospital DEPARTMEI.. OF RADIOLOGY
and Health Services
246 Parker Street • PO Box 310 • Carlisle, Penn sylvama 170130310 • (717( 249-1212
CARLISLE IMAGING ASS,CIATES. P.C.
?.ATHGEBER, Kra ., 3'7 :•i/1
19 OPOSSUM LAKE nC rAY 1:0735
CARLISLE. P.A 1.': M FL. FE^ y ,.ih;-
HCSPITAi. ROOM X 309 DR. KURLAN'C'LiCti - E.P..
DF. BROPHY
CHEST
DIAGNOSIS: No abnormalities.
COMMENT: There IS slight hvp.:raeration r the 'unrs with unc_
*.'1attenina o' the d-:apr.ragms, ho',:2`/sr. :h= - ar_a expanded and
clear anc the 7ostochrenic sul are hare.
The heart and sediastinal strut .... as a-= t ,'r
CaERT _ . HA-, , =I ... D.
FILE/PHYSICIAN
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MARK E. RATHGEBER, )
Plaintiff. )
VS. )
LAURA J. KROUT, )
Defendant )
?f )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-4458 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
AND NOW, this 15 day of ?:wc ?l rJ 1999,
upon review of the Conciliator's Report, it appearing that the
parties have reached an accommodation as to an Interim Order and
that this Interim Order was dictated in their presence and approved
by them and their counsel, it is hereby ordered and directed as
follows:
1. A hearing is scheduled for the &Q;1?i(. day of
d o0 0
1999, at 13 o'clock
_?.M., in Court Room Number of the Cumberland
County Court House, Carlisle, Pennsylvania. Both
parties, through counsel, will provide each other and the
court with a list of witnesses ten (10) days prior to the
date of the hearing along with a statement as to their
expected testimony. Additionally, both parties will
submit their proposal for a resolution of the matter.
2. Pending said hearing, custody of the minor children shall
be in accordance with the following:
A. The parties shall share legal custody of their
minor children; Ashton H. Rathgeber, d.o.b. January
5, 1992 and Kevin E. Rathgeber, d.o.b. April 17,
1995.
3
9
B. Physical custody will be as follows:
(1) Father shall have the children from Sundays at
8:30 p.m. until Fridays at 5:00 p.m. Mother
shall have the children at all other times.
In addition, should Mother want the children
during the school week, Father shall make
every effort to accommodate her request for
time with the children during the school week.
Father shall have the children for the Thanksgiving
holiday, which in 1999 will be defined from Wednesday
after school on the beginning of Thanksgiving break
through the Thanksgiving weekend.
During the Christmas holiday in 1999, Father shall have
the children from after school until Christmas Eve at
7:30 p.m. Mother shall have the children from Christmas
Eve at 7:30 p.m. until December 301" at 7:30 p.m.; Father
shall have the children from 7:30 p.m. December 30`"
through the time that they return to school.
5. Such other times as the parties may agree.
BY THE COURT,
--] zz?? ? J
J. E LEY OLERR. ;
John J. Connelly, Jr., Esquire
Attorney for Plaintiff
James K. Jones, Esquire
Attorney for Defendant
mlb
l4 q
MARK E. RATHGEBER, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
Vs. )
LAURA J. KROUT, ) NO. 99-4458 CIVIL TERM
Defendant ) CIVIL ACTION - LAW
1 CUSTODY/VISITATION
JUDGE PREVIOUSLY ASSIGNED: The Honorable J. Wesley Oler, Jr.
CUSTODY CONCILIATION CON"ZRENCE 3 Y REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the children who are
the subject of this litigation is as follows:
NAME BIRTHDATE CURRENTLY IN
CUSTODY 0
Ashton H. Rathgeber January 5, 1992
Kevin E. Rathgeber April 17, 1995
2. A Conciliation Conference was held on October 20, 1999,
and the following individuals were present: the Plaintiff and his
attorney, John J. Connelly, Jr., Esquire; the Defendant appeared
with her attorney, James K. Jones, Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiff's position on custody is as follows: Father does not entirely
agree with Mother's view of the custodial arrangement. He believes that he has been
the primary custodial parent for a longer period of time. He wants to have the children
remain in the existing school district because the oldest child, who is in second grade,
has been in that school district since kindergarten and he believes that it is best for the
child to remain in that school district.
Additionally, the youngest child is with the intermediate unit. The child has had
some significant health problems that require the intermediate unit. Father suggests
that he has attended to those problems in a more complete fashion than Mother. He
suggests that the medical providers would support the position that he is better
attuned to care for the child since he attends to that child's issues more consistently
than Mother.
The existing schedule has the children with Mother every weekend and Father
was agreeable to giving the Mother additional time during the school week if she
requested. He did not necessarily agree to shifting the custody over the summer, but
was not adverse to that type of arrangement provided that Mother tend to the child's
needs in an appropriate and complete fashion.
6. The Defendant's position on custody is as follows: Mother's position is that
since the parties' separation, they've had essentially a shared arrangement and she
says the shared arrangement ended near the time of the beginning of the school year
this past year. Apparently, because Mother lives in Mechanicsburg and Father lives
near Newville, it would not have been practical to have the children bounce back and
forth for purposes of getting to school. The youngest child has some significant health
issues and has some very special needs that the parties tend to regularly. Mother
believes that the children should be in her school district and hence is requesting that
the Order reflect that she have primary custody of the children during the school year
and would essentially resolve the case by having the children be with their Father on
the weekends and flipping the arrangement over the summer.
7. Need for separate counsel to represent children: Neither party requested.
8. Need for independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any is necessary.
9. A hearing in this matter will take one (1) day.
10. Other matters or comments: The major issue in this case essentially is
where the children should be during the school year. Father raises another issue as it
relates to the Mother's care taking of the youngest child since the youngest child has
special needs. From the conciliator's perspective, the Court will first have to inquire as
to whether Father's position has any real merit. If it has real merit and Father can
show that Mother has not been as attentive to the child's special needs as is
necessary for the child, then the Court will have to determine whether or not it is
appropriate to have a shared arrangement in the case.
If the evidence produced by Father shows that both parents are generally
competent to care for the minor child's special needs, then this case is simply about
who the children should be with during the school year. The conciliator advised the
parties that the Court, in all likelihood, would have the children be with one parent
during the school year and shift the children during the summer months with the other
parent. This is given the fact that the parties, among themselves, apparently agreed
that it is not appropriate for the children to be shifted back and forth during the school
week and that they want to have the children in a home base during the school year.
The Court, assuming both parties are competent and able to care for the children as
seems to be the case, can fashion an arrangement that will come close to sharing the
custodial arrangement for the children over the course of the year.
Date: November 9, 1999 7, &,,j
ichael L. Bangs
Custody Conciliator
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Law Off, .of
James K. Jon' Esquire
7lrvir nv
• Carlisle, PF -+113-3019
(717 J296
DEC " R 199;
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MARK E. RATHGEBER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4458 CIVIL TERM
LAURA J. KROUT, CIVIL ACTION--LAW
Defendant CUSTODYNISITATION
ORDER
AND NOW, this -A day of ?CGr t?C) 1999, upon
consideration of the within Motion for Leave to Withdraw as Counsel, James K. Jones,
Esquire is granted leave to withdraw as counsel for Defendant Laura J. Krout.
BY THE COURT:
6 ? go
Vesley Oler, Jr. U.
John J. Connelly, Jr., Esquire
Attorney for Plaintiff
James, Smith, Durkin and Connelly
P.O. Box 650
Hershey, PA 17033-0650
James K. Jones, Esquire
7 Irvine Row
Carlisle, PA 17013
Laura J. Krout
30 Sunset Dr.
Mechanicsburg, PA 17055
J l I ?,??
MARK E. RATHGEBER,
Plaintiff
V.
LAURA J. KROUT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4458 CIVIL TERM
CIVIL ACTION--LAW
CUSTODY/VISITATION
1. Petitioner James K. Jones. Esquire has represented Defendant in the above
captioned matter.
2. Defendant has requested that Petitioner no longer represent her.
3. Petitioner does not object to the relief requested.
4. Attorney for the Plaintiff John J. Connelly, Jr., Esquire, does not oppose the
relief requested.
WHEREFORE, Petitioner requests this Court to grant him leave to withdraw as
counsel for Defendant Laura J. Krout.
Respectfully submitted,
_-e_
Jamg5rK. Jones, Esgkift'
Attorney for Defendant
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
1, Laura J. Krout, concur with the relief requested in this petition.
q
Date:
La ra J. Krout
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MARK E. RATHGEBER,
Plaintiff
V.
LAURA J. KROUT,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4458 CIVIL TERM
CIVIL ACTION--LAW
CUSTODY/VISITATION
PRAECIPE
Please withdraw my appearance as counsel for Defendant Laura J. Krout. Leave
to do so was granted by Court Order dated December 10, 1999.
JamesX-'Jones, Esqu
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
cv
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MARK E. RATHGEBER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN CUSTODY
LAURA J. KROUT,
Defendant No. 99-4458 CIVIL TERM
ORDER OF COURT
AND NOW, this 10th day of February, 2000,
upon consideration of Plaintiff's complaint for custody
with respect to the parties' children, Ashton H. Rathgeber
(date of birth, January 5, 1992) and Kevin E. Rathgeber
(date of birth, April 17, 1995), and following a hearing,
the record is declared closed, and the matter is taken
under advisement.
John J. Connelly, Jr.,
For the Plaintiff
Laura J. Krout, Pro Se
30 Sunset Drive
Mechanicsburg, PA 17055
Defendant
.A'.lYD?1.eAJ
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wcy
By the Court,
MARK E. RATHGEBER, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
Vs.
NO. 99-4458 Civil Tenn
LAURA J. KROUT,
Defendant CIVIL ACTION-LAW
AND NOW, upon consideration of the attached Complaint, it is hereby directed
that the parties and their respective counsel appear before M? 1c\ S
the Conciliator, on the `lam' day of gun?a_
2000 at W.oo A.m. in the office of said conciliator located at
for a pre-hearing custody conference. At such`ednference, an effort will be made to
resolve the issues in dispute; or if this cannot be accomplished, to define and narrow
the issues to be heard by the Court, and to enter into a Temporary Order. Failure to
appear at the conference may provide grounds for the entry of a temporary or
permanent order.
FOR THE COURT:
Date: HI1 LA\00 BY: c 9?f\? \ c?ascue
Custody Conciliator
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER
AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cwnberland County Court House
One Court House Square
Carlisle, Pa. 17013
(717) 240-6200
MARK E. RATHGEBER,
Plaintiff
Vs.
LAURA J. KROUT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 994458 Civil Term
CUSTODY
ti
AND NOW, this Day of April, 2000, comes Laura J. Krout, by
her attorney, Diane M. Rupich, Esquire, and respectfully requests the following:
1. The moving party herein is the Defendant, Laura J. Krout, an adult individual, who
currently resides at 30 Sunset Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. The Plaintiff herein is Mark Rathgeber, an adult individual, who currently resides
at 119 Opossum Lake Road, Carlisle, Cumberland County, Pennsylvania and is
-1-
represented by Attorney John J. Connelly, Jr., P.O. Box 650, Hershey, Pennsylvania
17033.
Attached hereto and marked Exhibit "A" is a copy of an Order of Court entered
February 14, 2000, setting forth the current custody and partial custody arrangements
of the parties minor children: Ashton H. Rathgeber, born January 5, 1992, and Kevin
E. Rathgeber, born April 17, 1995.
4. Laura J. Krout believes that the best interests of her minor children will be served
by granting her primary physical custody at this time.
Since the hearing held in February, 2000, Mark E. Rathgeber has permitted the
return of the cat into his home, which is crucial to the health of the minor child, Kevin,
who suffers from asthma.
6. Mark E. Rathgeber had testified at the hearing in February of 2000, that he longer
had the cat in his home.
-2-
7. Since the hearing held in February of 2000, Laura J. Krout is a stay at home
mother, and the minor children will not need day care or babysitter services.
WHEREFORE, Laura J. Krout, through her attorney, prays your
Honorable Court to grant her primary physical custody of her children.
Respectfully submitted,
BY:
'Diane M. Rdpfchr q
1017 N. Front St et
Harrisburg, Pa. 17102
(717) 232-9724
I.D. No. 71873
MARK E. RATHGEBER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
LAURA J. KROUT,
Defendant NO. 99-4458 CIVIL TERM
ORDER OF COURT
AND NOW, this 1 ? `'^day of February, 2000, upon consideration of Plaintiff's
Complaint for Custody with respect to the parties' children, Ashton H. Rathgeber (d.o.b.
January 5, 1992) and Kevin E. Rathgeber (d.o.b. April 17, 1995), and following a hearing
held on February 10, 2000, it is ordered and directed as follows:
1. Legal custody of the children shall be shared by the parties.
2. Primary physical custody of the children shall be in Plaintiff,
the father.
3. Temporary or partial physical custody of the children shall be
in Defendant, the mother, at the following times:
a. During the summers, when school is not in session,
for two consecutive weeks out of each three-week period;
b. On alternating weekends, from Friday at 6:00 p.m.
until Sunday at 6:00 p.m.
c. From Christmas Day at 2:00 p.m. until December
31, at 2:00 p.m.
d. On Thanksgiving Day from 2:00 p.m. until 8:00
p.m.
?? it
e. With the exception of Christmas and New Years
Day, on alternating federal holidays, and on each Mother's
Day, from 10:00 a.m. until 8:00 p.m.
4. Exchanges of custody shall take place on the premises of the
Sheetz store in Carlisle, Cumberland County, Pennsylvania.
NOTHING HEREIN is intended to preclude the parties from varying the terms of
this order by mutual agreement.
BY THE COURT,
esley 01 r, r.,
John J. Connelly, Jr., Esq.
P.O. Box 650
Hershey, PA 17033
Attorney for Plaintiff
aura J. Krout
30 Sunset Drive
Mechanicsburg, PA 17055
Defendant, Pro Se
:rc
hand
and in =.d rlis a, Pa.
Th..... f? 01.
Prot ,onotary
VERIFICATION
I verify that the statements made in this Complaint to Modify Custody are true
and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities.
Laura J. Kro
Date:
I, Diane M. Rupich, Esquire, hereby certify that a true and correct copy of the
within Complaint has been served upon the following individual by first class, United
States mail, postage prepaid, by depositing a copy of same at the post office in
Harrisburg, Pennsylvania on the 7 day of April, 2000 addressed as follows:
John J. Connelly, Jr., Esquire
P.O. Box 650
Hershey, PA. 17033
Res a fully submitted,
BY.
Diane M: R ich squ
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
Date: April 7, 2000
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MARK E. RATHGEBER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
LAURA J. KROUT,
Defendant NO. 99-4458 CIVIL TERM
ORDER OF COURT
AND NOW, this jj?day of February, 2000, upon consideration of Plaintiffs
Complaint for Custody with respect to the parties' children, Ashton H. Rathgeber (d.o.b.
January 5, 1992) and Kevin E. Rathgeber (d.o.b. April 17, 1995), and following a hearing
held on February 10, 2000, it is ordered and directed as follows:
1. Legal custody of the children shall be shared by the parties.
2. Primary physical custody of the children shall be in Plaintiff,
the father.
3. Temporary or partial physical custody of the children shall be
in Defendant, the mother, at the following times:
a. During the summers, when school is not in session,
for two consecutive weeks out of each three-week period;
b. On alternating weekends, from Friday at 6:00 p.m.
until Sunday at 6:00 p.m.
c. From Christmas Day at 2:00 p.m. until December
31, at 2:00 p.m.
d. On Thanksgiving Day from 2:00 p.m. until 8:00
p.m.
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e. With the exception of Christmas and New Years
Day, on alternating federal holidays, and on each Mother's
Day, from 10:00 a.m. until 8:00 p.m.
4. Exchanges of custody shall take place on the premises of the
Sheetz store in Carlisle, Cumberland County, Pennsylvania.
NOTHING HEREIN is intended to preclude the parties from varying the terms of
this order by mutual agreement.
John J. Connelly, Jr., Esq.
P.O. Box 650
Hershey, PA 17033
Attorney for Plaintiff
Laura J. Krout
30 Sunset Drive
Mechanicsburg, PA 17055
Defendant, Pro Se
BY THE COURT,
Wesley Ol fir, r..,,, _-- - . 9.
a ly-00
RK5
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MARK E. RATHGEBER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. N0. 99-4458 CIVIL TERM
CIVIL ACTION - LAW
LAURA J. KROUT,
Defendant CUSTODY
ORDER OF OOURT
AND NOW, this 1 3 t? day of _ TL1he , 2000, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The prior order of this Court dated February 14, 2000 is vacated
and replaced with this Order.
1. The Father, Mark E. Rathgeber, and the Mother, Laura J. Krout,
shall have shared legal custody of Ashton H. Rathgeber, born January 5,
1992, and Kevin E. Rathgeber, born April 17, 1995. Each parent shall have
an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health,
education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the
Children including, but not limited to, school and medical records and
information. To the extent one parent has possession of any such records
or information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
The Father shall have primary physical custody of the Children.
3. The Mother shall have partial physical custody of the Children in
accordance with the following schedule:
A. During the school year, the Mother shall have partial custody
of the Children on alternating weekends from Friday at 6:00
p.m. through Sunday at 6:00 p.m. The alternating weekend
schedule shall begin with the Mother having custody on the
first Friday after the beginning of the school year. The
Mother shall also have custody of the Children on all
in-service days when the Children are off school. On
in-service days, the Father shall drop off the Children at the
Mother's residence at 8:00 a.m. and the Mother shall return
the Children to the Father's residence at 6:00 p.m. In the
event an in-service day falls immediately preceding or
following the Mother's other period of custody or, if
in-service days fall consecutively, the Mother's period of
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custody shall run continuously.
B. During the summer, the mother shall have partial custody of
the Children for 2 consecutive weeks out of each 3 week
period, with the exchange of custody to take place on Fridays
at 6:00 p.m. The summer custody schedule shall begin on the
Friday after termination of the school year. In 2000, the
summer schedule shall begin with the mother having custody of
the Children on Friday, June 9 at 6:00 p.m. The summer
custody schedule shall terminate each year on the Friday
before the new school year begins.
4. The parties shall share or alternate having custody of the
Children on holidays as follows:
A. CHRISTMAS: In every year, the Father shall have custody of
the Children until Christmas Day at 2:00 p.m. and the Mother
shall have custody from Christmas Day at 2:00 p.m. through
January 1 at 2:00 p.m.
B. THANKSGIVING: In every year, the Father shall have custody of
the Children on Thanksgiving Day until 2:00 p.m. and the
Mother shall have custody from 2:00 p.m. until 8:00 p.m. on
Thanksgiving Day.
C. ALTERNATING HOLIDAYS: The parties shall alternate having
custody of the Children on the following holidays: July 4th,
Labor Day, Columbus Day, Halloween Trick-or-Treat night,
Veterans Day, Martin Luther King, Jr. Day, Presidents Day,
Easter and Memorial Day. The alternating holiday schedule
shall begin with Mother having custody of the Children on July
4th in 2000. The periods of custody for all holidays under
this provision, with the exception of trick-or-treat night,
shall be from 10:00 a.m. until 8:00 p.m. on the holiday. The
period of custody on trick-or-treat night shall be from 5:30
p.m. until 8:30 p.m.
D. MOTHER'S DAY/FATH3t'S DAY: The Mother shall have custody of
the Children every year on Mother's Day and the Father shall
have custody of the Children every year on Father's Day from
10:00 a.m. until 8:00 p.m.
E. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
F. In the event the Mother's period of holiday custody falls
immediately preceding or following her regular period of
custody, the holiday/regular period of custody shall run
continuously.
5. Except as otherwise provided in this Order, or as agreed between
the parties, exchanges of custody shall take place at the Sheetz store in
Carlisle, Cumberland County, Pennsylvania.
6. For all exchanges of custody which take place at 6:00 p.m. in this
Order, the parent receiving custody shall be responsible to provide dinner
for the Children.
7. The mother shall be responsible to provide transportation to and
from summer school during her periods of custody.
8. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this order shall control.
BY THE COURT,
J Wesley Oler, Jr., J.
L -N-00
cc: Diane M. Rupich, Esquire - Counsel for Mother KS
John J. Connelly, Jr., Esquire - Counsel for Father
MARK E. RATHGEBER,
Plaintiff
VS.
LAURA J. KROUT,
Defendant
PRIOR JUDGE: J. Wesley Oler, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4458 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH O!ffiHtLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ashton H. Rathgeber January 5, 1992 Father
Kevin E. Rathgeber April 17, 1995 Father
2. A Conciliaticn Conference was held on June 8, 2000, with the
following individuals in attendance: The Father, Mark E. Rathgeber, with
his counsel, John J. Connelly, Jr., Esquire, and the Mother, Laura J.
Krout, with her counsel, Diane M. Rupich, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
c?unf /? ?? e,?
Date Dawn S. Sunday, EsgUir6
Custody Conciliator
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MARK E. RATHGEBER IN THE COURTOF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 99-4458 CIVIL ACTION LAW
LAURA J.KROUT
DEFENDANT IN CUSTODY
AND NOW, Thursday, December 20, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, January 15, 2002 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 Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunday. Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information abort accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
cr ::ITAnY
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S .JI1:11 8 2001
MARK E. RATHGEBER, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
NO.: 99-4458 CIVIL TERM
V.
CIVIL ACTION - LAW
LAURA J. KROUT,
CUSTODY
Defendant.
ORDER OF COURT
AND NOW, upon consideration of the attached Petition for Contempt and
Modification of Custody, it is hereby directed that the parties and their respective counsel
appear before , Esquire, Conciliator, at the
Pennsylvania, on the day of , 2001, 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. Either party may
bring the children who are the subject of this custody action to the conference, but the
child's attendance is not mandatory. Failure to appear at the conference may provide
grounds for the entry of a temporary or permanent Order.
DATED:
FOR THE COURT
BY:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
LJtc 1 8 2001 1?
MARK E. RATFIGEBER, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V.
LAURA J. KROUT,
Defendant
NO.: 99-4458 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY
AND NOW conics Plaintiff, Mark E. Rathgeber, by and through his counsel, Reager &
Adler, P.C., and files the following Petition for Contempt and Modification of Custody:
Plaintiff is Mark E. Rathgeber, an adult individual with an address of 119
Opossum Lake Road, Carlisle, Pennsylvania 17013.
2. Defendant is Laura J. Krout, an adult individual with an address of 30 Sunset
Drive, Mechanicsburg, PA 17055.
3. The parties are the parents of Ashton H. Rathgeber, born January 5, 1992 and
Kevin E. Rathgeber, born April 17, 1995.
4. The parties are subject to a custody order dated June 14, 2000 and signed by Judge
Wesley Oler. Pursuant to the terms of the Order, father has primary physical custody of the
children and mother has partial custody of the children on alternating weekends and for two out
of three weeks in the summer. Mother is also entitled to custody during in-service days.
5. Pursuant to the terms of the Custody Order, mother was to have custody of the
children t}om 2:00 PM until 8:00 PM on Thanksgiving Day.
6. While the terms of the Order are unclear, mother asserted that she was to retain
custody on the Friday following Thanksgiving as her custodial period was to begin Friday at 6:00
PM. Father asserted that he was entitled to Thursday night until Friday at 6:00 PM.
Further, mother asserted that she was to continue her custodial period through
Monday at 8:00 PM. However, Monday was not an in-service day and in fact was a holiday
which was designated for father. Mother unilaterally elected to assert this custodial period of
time despite father's objection. This action was in breach of the Custody Order.
8. There are several issues requiring modification of the current Order of Court.
The primary issues are as follows:
(a) The Order calls for father to provide transportation on in-service days.
Father is unable to drop the children off at their mother's residence on in-
service days, as father must go to work. Therefore, mother must come and
pick tip the children at father's residence if he wishes to continue to
exercise in-service days.
(b) Further, due to the children's alternating schedules, often times the
children are separated which causes distress to the children particularly
Kevin, who is learning disabled. Separation of the children is disrupting
and disturbing to Kevin.
(c) The children must be kept on the same custodial schedule. Because of the
manner the Order is drafted, father is only guaranteed Christmas Day until
2:00 PM. Father would like to divide the Christmas holiday to assure that
he receives the first part of the Christmas vacation and not just Christmas
Day.
(d) The Christmas holiday is of particular concerti this year as father will have
very little time with his children over the Christmas holiday because of the
drafting of the Order.
WHEREFORE, Plaintiff requests this Honorable Court to schedule an expedited custody
conference to deal with the issues of Christmas as well as all other issues underlying in this
agreement.
Respectfully submitted,
REAGER & ADLER, P.C.
A NI N CANTOR, ESQUIRE
78
41
2331 Market Street
a Camp Hill, PA 17011
DATE: v (717) 763-1383
VERIFICATION
I, MARK RATHGEBER, verify that the statements made in this Petition for
Modification are true and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
MARK RATHGEBER
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MARK E. RATHGEBER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 99.4458 CIVIL ACTION LAW
LAURA J. KROUT,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this k S day of rG? r u 21 2002,
upon consideration of the attached Custody Conciliation Report, it is ordered an directed as follows:
1. The prior Order of this Court dated June 14, 2000, is vacated and replaced with this Order.
2. The parties shall participate in a course of counseling with a professional to be selected by
agreement of the parties. The purpose of the counseling shall be to assist the parties in establishing
communication and developing a cooperative co-parenting relationship. The parties shall attend a
minimum of six sessions and shall follow the recommendations of the counselor with respect to the
frequency and duration of counseling. Within two weeks from the date of the Custody Conciliation
Conference, the parties shall select the counselor and contact the selected professional in order to
schedule the first counseling session. Both parties shall ensure that all available insurance coverage is
applied to the counseling and any unreimbursed amount shall be shared equally between the parties,
provided that the combined total cost to the parties shall not exceed $200.00 (or $100.00 each).
3. The parties shall obtain and follow recommendations from the appropriate personnel at
Kevin's school with regard to the advisability of obtaining an assessment by a
psychological/psychiatric professional concerning the Child's behavioral, developmental and other
special needs.
4. The Father, Mark E. Rathgeber, and the Mother, Laura J. Krout, shall have shared legal
custody of Ashton H. Rathgeber, bom January 5, 1992, and Kevin E. Rathgeber, bom April 17, 1995.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information. To the extent one parent has possession of any
such records or information, that parent shall be required to share the same, or copies thereof, with the
other parent within such reasonable time as to make the records and information of reasonable use to
the other parent.
5. The Father shall have primary physical custody of the Children.
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6. The Mother shall have partial physical custody of the Children in accordance with the
following schedule:
A. During the school year, the Mother shall have partial custody of the Children on
alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. The
alternating weekend schedule shall begin with the Mother having custody on the first
Friday after the beginning of the school year. The Mother shall also have custody of the
Children on in-service days when the Children arc off school beginning at 8:00 p.m. on
the evening before the in-service day, when the exchange of custody shall take place at
the Sheetz store in Carlisle. The Mother shall return the Children to the Father's
residence at 6:00 p.m. on the in-scrvicc day. In the event an in-service day falls
immediately preceding or following the Mother's other period of custody or, if in-
service days fall consecutively, the Mother's period of custody shall run continuously.
Prior to the beginning of each school year, the Father shall provide a list of the
scheduled in-scrvicc days from the school to the Mother.
B. During the summer, the Mother shall have partial custody of the Children for two
consecutive weeks out of each three week period, with the exchange of custody to take
place on Fridays at 6:00 p.m. The summer custody schedule shall begin on the Friday
after termination of the school year. The summer custody schedule shall terminate each
year on the Thursday before the new school year begins.
7. The parties shall share or alternate having custody of the Children on holidays as follows:
A. CHRISTMAS: In every year, the Father shall have custody of the Children from
December 23 at 6:00 p.m. through Christmas day at 8:00 p.m., and the Mother shall have
custody from Christmas Day at 8:00 p.m. through January 1 at 12:00 noon. The parties
shall adjust the holiday or weekend custody schedule, if necessary, to ensure that the
Children are transferred to the Father's custody at least by 12:00 noon on the day before
school resumes after the Christmas break.
B. THANKSGIVING: The Thanksgiving holiday shall run from the Wednesday before
Thanksgiving at 6:00 p.m. through the Sunday after Thanksgiving at 6:00 p.m. The Mother
shall have custody of the Children over the Thanksgiving holiday in odd numbered years
and the Father shall have custody in even numbered years. The Father shall have custody
of the Children every year on the Monday following Thanksgiving.
C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the
Children on the following holidays: July 4u', Labor Day, Halloween Trick-or-Treat night,
Easter and Memorial Day. The periods of custody for all holidays under this provision,
with the exception of Trick-or-Treat night, shall be from 10:00 a.m. until 8:00 p.m, on the
holiday. The period of custody on Trick-or-Treat night shall be from 5:30 p.m. until 8:30
p.m.
D. SPRING BREAK: The Mother shall have custody of the Children every year over
their Spring Break from school, with the exception of Easter Sunday in alternating years
during which the Father shall have custody under the preceding provision of this Order.
The Mother's period of Spring Break custody shall end at 12:00 noon on the day before
school resumes.
E. MISCELLANEOUS HOLIDAYS: The Father shall have custody of the Children
every year on Columbus Day, Veterans Day, Martin Luther King, Jr. Day and Presidents'
Day.
F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children
every year on Mother's Day and the Father shall have custody of the Children every year on
Father's Day from 10:00 a.m. until 8:00 p.m.
G. In 2002, the Father shall have custody of the Children on March 25 and March 26.
H. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
1. In the event the Mother's period of holiday custody falls immediately preceding or
following her regular period of custody, the holiday/regular period of custody shall run
continuously.
8. Except as otherwise provided in this Order, or as agreed between the parties, exchanges of custody
shall take place at the Sheetz store in Carlisle, Cumberland County, Pennsylvania.
9. For all exchanges of custody which take place at 6:00 p.m. in this Order, the parent receiving
custody shall be responsible to provide dinner for the Children.
10. The Mother shall be responsible to provide transportation to and from summer school during her
periods of custody.
11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference.
The parties may modify the provisions of this Order by mutual consent. In the absence of mutual
consent, the terms of this Order shall control.
BY THE COURT,
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J. esley Oler, Jr. aJ.
cc/ De Denison Cantor, Esquire -Counsel for Father ?? 0 ""?'
?Andrew C. Sheely, Esquire - Counsel for Mother > Q? oy 0 R g
MARK E. RATHGEBER,
Plaintiff
VS.
LAURA J. KROUT,
Defendant
PRIOR JUDGE: J. Wesley Oler, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4458 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ashton H. Rathgeber January 5, 1992 Father/Mother
Kevin E. Rathgeber April 17, 1995 Father/Mother
2. A Conciliation Conference was held on January 15, 2002, with the following individuals in
attendance: The Father, Mark E. Rathgeber, with his counsel, Debra Dennison Cantor, Esquire, and
the Mother, Laura J. Krout, with her counsel, Andrew C. Sheely, Esquire.
3. The Father filed this Petition for Contempt and Modification. However, much to their
credit, the parties were able to reach an agreement at the Conference as reflected in the attached
proposed Order.
1 &:3!w, 1 /tT o-7 cc u?-?
Date Dawn S. Sunday, Esquire
Custody Conciliator
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MARK E. RATHGEBER,
Plaintiff
V.
LAURA J. KROUT,
Defendant
No. 99-4458
CIVIL ACTION - LAW
IN CUSTODY
JUDGE: OLER
CUSTODY AGREEMENT
WHEREAS, Mark E. Rathgeber, hereinafter referred to as "FATHER", and Laura J. Krout,
hereinafter referred to as "MOTHER", are the natural parents of two (2) minor children: Ashton
H. Rathgeber (d.o.b. 1/5/1992) and Kevin E. Rathgeber (d.o.b. 4/17/1995); and
WHEREAS, MOTHER and FATHER desire to change the custody arrangements for the
custody and visitation with said children as established by the Court Order dated February 1,
2002 issued by the Honorable Wesley Oler, Jr.; and
WHEREAS, both parties have been advised by counsel or have had the opportunity to so
be advised by counsel; and
WHEREAS, the parties intend to submit this Custody Agreement to the Court of
appropriate jurisdiction for merger into a Court Order approving said Agreement.
NOW, THEREFORE, it is hereby stipulated and agreed as follows:
1. MOTHER and FATHER shall have shared legal custody of the children. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the children's general well-being including, but not limited
to, all decisions regarding their health, education and religion. Pursuant to the terms of this
paragraph each parent shall be entitled to all records and information pertaining to the children
including, but not limited to, school and medical records and information. To the extent one
parent has possession of any such records or information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. FATHER shall have primary physical custody of the children.
MOTHER shall have partial physical custody of the children in accordance with the
following schedule:
(a) During the school year, the Mother shall have partial physical custody of
the children on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. The
alternating weekend schedule shall being with the MOTHER having custody on the first Friday
after the start of the school year.
(b) During the summer, the children will alternate one (1) week time periods
between FATHER and MOTHER. The exchange for the custody to take place on Tuesday at
6:00 p.m. The summer custody schedule shall begin on the Tuesday after termination of the
school year. The summer custody schedule shall terminate each year on the Thursday before the
new school year begins.
(c) The children, being age 15 and age 12, have the option of altering the set
forth schedule pursuant to their wishes.
(d) MOTHER shall have such other time with the children as shall be agreed
upon by the parties.
4. The parties shall share or alternate having custody of the children on holidays as
follows:
A. CHRISTMAS: In every year, the FATHER shall have custody of the Children
from December 23 at 6:00 p.m. through Christmas day at 8:00 p.m., and the
MOTHER shall have custody from Christmas Day at 8:00 p.m. through January'. at 12:00 noon. The parties shall adjust the holiday or weekend custody schedule,
if necessary, to ensure that the children are transferred to the FATHER's custody
at least by 12:00 noon on the day before school resumes after the Christmas
break.
B. THANKSGIVING: The Thanksgiving holiday shall run from the Wednesday
before Thanksgiving at 6:00 p.m. through the Sunday after Thanksgiving at 6:00
p.m. The MOTHER shall have custody of the children over the Thanksgiving
holiday in odd numbered years and the FATHER shall have custody in even
numbered years. The FATHER shall have custody of the children every year on
the Monday following Thanksgiving.
C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the
children on the following holidays: July 4a', Labor Day, Halloween Trick-or-Treat
night, Easter and Memorial Day. The periods of custody for all holidays under
this provision with the exception of Trick-or-Treat night, shall be from 10:00 a.m.
until 8:00 p.m. on the holiday. The period of custody on Trick-or-Treat night shall
be from 5:30 p.m. until 8:30 p.m.
D. MISCELLANEOUS HOLIDAYS: The FATHER shall have custody of the
children every year on Columbus Day, Veterans Day, Martin Luther King, Jr. Day
and Presidents' Day.
E. MOTHER'S DAY/ FATHER'S DAY: The MOTHER shall have custody of the
children every year on Mother's Day and the FATHER shall have custody of the
children every year on Father's Day from 10:00 a.m. until 8:00 p.m.
F. The holiday custody schedule shall supersede and take precedence over the
regular custody schedule.
G. In the event the Mother's period of holiday custody falls immediately preceding
or following her regular period of custody, the holiday/regular period of custody
shall run continuously.
5. Except as otherwise provided in this Order, or as agreed between the parties,
exchanges of custody shall take place at the Sheetz store in Carlisle, Cumberland County,
Pennsylvania.
6. For all exchanges of custody, which take place at 6:00 p.m. in this Order, the
parent receiving custody shall be responsible to provide dinner for the Children.
7. MOTHER shall be responsible to provide transportation to and from summer
school during her periods of custody.
8. The parties may modify the provisions of this Order by mutual consent. In the
absence of mutual consent, the terms of this Order shall control.
9. Any permanent modification or waiver of the provisions of this agreement must
be in writing and shall be effective only if made in writing and executed with the same formality
as this Stipulation and Agreement.
10. The parties acknowledge that entering into this Stipulation and Agreement, there
has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of
either party.
12. The parties acknowledge that they have read and understand the provisions of this
Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair
and equitable and that it is not the result of duress or undue influence.
13. This Agreement shall be effective immediately upon signature by both parties and its
validity is not contingent upon Court approval
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Dated:
Dated: J '--2 - 0
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MARK E. RATHGEBER
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF
Before me, a Notary Public, in and for said County and Commonwealth, personally
appeared MARK E. RATHGEBER, who in due form of law acknowledges the above Agreement to
be her act and deed and desires that the same be recorded as such.
WITNESS my hand and notarial seal the day of 2007.
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Notary Public V I NOTARIAL SEAL
KATHY L. RUSSELL, Notary Public
Carlisle, Cumberland County
My Commission Expires Sept 17, 2010
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF Cb, I , , d :
Before me, a Notary Public, in and for said County and Commonwealth, personally
appeared LAURA J. KROUT, who in due form of law acknowledges the above Agreement to be
his act and deed and desires that the same be recorded as such.
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WITNESS my hand and notarial seal theC2 1? day of DZ] Q , 2007.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seel ICA,
Jonaftn Joseph Carbaugh, Notary Public
Camp HN Boro, Cumberland Coumty
My Cornmissbn Expires June 1, 2010
Member, Pennsylvania Association of Notaries Notary Public
W Lo a
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MARK E. RATHGEBER,
Plaintiff
V.
LAURA J. KROUT,
Defendant
MAY S 320010`
No. 99-4458
CIVIL ACTION - LAW
IN CUSTODY
JUDGE:OLER
ORDER OF COURT
AND NOW, this Z`" day of OA 2 2007, upon review and
consideration of the Custody Agreement of the parties, a copy of which is attached hereto, said
Agreement is hereby approved, adopted, merged, and incorporated herein as the Order of this
Court. The prior Order of this Court dated February 1, 2002 is vacated and replaced with this
Order.
cc: our J. Krout
ark E. Rathgeber
BY THE COURT:
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