Loading...
HomeMy WebLinkAbout99-04909).>hrw fr r_ ''e1 e? 'V ? "r1 n 4 y iTn. w, f 2 "J ta. tiF I EDGAR B.BAYLEV JUDGE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA J47013-3387 O 1 l i I I Y?? ?a t FEB 10,00 6 a 28 a j _S.G1iTt3 t PBMETE.R f ' 7155334 u.S.PDSTAG ' t Cindy L. Ras er 614 Dum Va Hliisbor V ,\ mw n ?L Idt-L n zt J J-iqt v0l? r? CATHERINE M. ROSENBERGER, PLAINTIFF V. KEVIN L. ROSENBERGER and CINDY L. ROSENBERGER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4909 CIVIL TERM ORDER OF COURT AND NOW, this gk?-_day of February, 2000, upon the motion of Cindy L. Rosenberger for a continuance of the hearing scheduled for February 9, 2000, the motion IS GRANTED. The hearing is continued generally to the call of any party. The order entered on November 16, 1999, shall remain in effect until further order of court. If the mother is not going to exercise any of her periods of partial custody in Pennsylvania she must notify Catherine M. Rosenberger no later than seven (7) days before the scheduled visitation. Diane G. Radcliff, Esquire For Plaintiff Cindy L. Rosenberger, Pro se 614 Dumont Drive Hillsborough, NC 27278 Kevin L. Rosenberger, Pro se 902 A2 Parkridge Road Durham, NC 27713 :sea By th4Co.. EdgaCOPY FROM RECORD ; hnrl unto sut my hand L.;; . ^t tiu?i?J10, Pa. day 'r thonotary CATHERINE M. ROSENBERGER, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 99-4909 CIVIL TERM KEVIN L. ROSENBERGER and ) CINDY L. ROSENBERGER, ) Defendant ) CIVIL ACTION - LAW CUSTODY/VISITATION ORDEg AND NOW, this !(.'?k day of `J1,(lht 1999, upon review of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Interim Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. All prior Orders in this case are VACATED. 2. A hearing is scheduled for the G (hl day of ,J ow 1-999, at G?IS 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. J 3. Pending said hearing, all parties shall share legal custody of the minor child, Melinda Shannon Rosenberger, d.o.b. July 2, 1992. 4. Grandmother, Plaintiff herein, shall have primary physical custody of the minor child subject to periods of partial custody and visitation with both parents as follows: Mother: A. On alternating weekends from Friday at 4:00 p.m. until Sunday at 7:00 p.m. This alternating weekend schedule shall commence on October 22, 1999. The only weekend in which this shall be interrupted will be the Christmas weekend wherein Grandmother shall have the child from Christmas Eve at 9:00 a.m. until Christmas Day at 2:00 p.m. in 1999; B. Thanksgiving Day in 1999 from 9:00 a.m. until 7:00 p.m.; and C. December 25, 1999 at 2:00 p.m. until December 26, 1999 at 9:00 p.m. Father: A. Father shall have periods of partial custody and visitation as worked out directly with Grandmother. 5. The parties are to understand that the times for pick up and drop off should be strictly adhered to unless an emergency arises. If an emergency arises, then the parties must notify each other if the times may need to be adjusted. 6. Mother shall have all of her visitation and partial custody periods occur in the state of Pennsylvania. Parents also must notify Grandmother as to where the child intends to be during their periods of partial custody and visitation. 7. In the event a parent shall fail or refuse to return the child to the custody of the Grandmother at the end of the visitation period, any police department having jurisdiction in the area where the child is located is authorized to and shall assist the Grandmother in securing the return of the child to the custody of the Grandmother and thereupon all temporary rights of visitation of that parent shall be forfeited pending hearing and/or further order of this Court. Diane G. Radcliff, Esquire Attorney for Plaintiff Kevin L. Rosenberger, pro se Cindy L. Rosenberger, pro se mlb I C,' e+d 4I?r't(ak n r?. ?: ? CATHERINE M. ROSENBERGER, Plaintiff VS. KEVIN L. ROSENBERGER and CINDY L. ROSENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4909 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: The Honorable Edgar B. Bayley CUSTODY CONCILIATION CONFERENCE SUMMARY 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 child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Melinda S. Rosenberger July 2, 1992 Plaintiff 2. A Conciliation Conference was held on October 14, 1999, and the following individuals were present: the Plaintiff and Tier attorney, Diane G. Radcliff, Esquire; the Defendants appeared pro se. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's (Grandmother's) position on custody is as follows: She has been the primary caretaker of the child since the child was five (5) weeks old. She does not believe that the Mother has the stability to take care of the child and believes that the child's best interest is to remain with her primarily. She also does not believe that her son, who is the Father, at this time is capable of taking care of the child. She believes once the son gets more stabilized in his new environment and job that he may have the ability to take care of the child on a full-time basis. 6. The Defendant's (Mother's) position on custody is as follows: Mother does not deny that the Grandmother has been the primary caretaker of the child. However, she believes that because of the paternal Grandmother's advanced age that it is appropriate for her to start taking care of the child primarily. She believes that the Grandmother is depending a lot on the child's aunt to help her with the care taking and she thinks that she is better suited to take care of the child. Mother has relocated to North Carolina. Father also is in North Carolina. Mother indicates that if she has primary custody that the Father shall have liberal periods of custody with the child. She does not have any problems with the Father's care taking. Mother apparently works several jobs with her main job being from 8:00 a.m. to 5:30 p.m. Monday through Friday. She also has a second daughter who is twelve (12) years old who lives with her primarily. She resides with a friend who is male and his sister in North Carolina. 7. The Defendant's (Father's) position on custody is as follows: Father suggests that he should be the primary custodial parent of the child. He believes that the switch occur after the school year as does Mother. He believes that his situation will stabilize and that he will be able to provide appropriate care taking for the child. Father also lives in North Carolina approximately 28 miles away from Mother. He has some concerns in regard to the Mother concerning her choice of paramours. Apparently, the parties just separated in July. 8. Need for separate counsel to represent child: Neither party requested. 9. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 10. A hearing in this matter will take one (1) day. 11. Other matters or comments: This is somewhat of an unusual case. The Court was involved on an emergency basis and signed an Order dated September 20, 1999 because there were some concerns that the Mother was going to take the child out-of-state. The parties did agree to an interim order pending the completion of the school year, but differ dramatically on what should occur at the end of the school year. The parties all agree that the paternal Grandmother has been the primary caretaker of the child. Interestingly, however, both parents think that that should cease at the end of the school year. Both parents are requesting that they be the primary custodial parent. There is clearly a great deal of animosity between the Grandmother and Mother. There also seems to be some tension between the Father and the Mother. The parents apparently moved to North Carolina with the child for a short of period of time this last summer but the parties immediately broke up and the child then was returned to live with the Grandmother. The Grandmother clearly has been the primary parent in this child's life. The Court will have to determine whether or not it is appropriate to switch that arrangement now and if so, which parent should have the child. Both of the parents live in North Carolina and therefore, any type of shared arrangement between Grandmother and the parents will not work. Date: November 9, 1999 L&2 Michael L. Bangs Custody Concilia r A •. I 1(l9 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHERINE M. ROSENBERGER, Plaintiff NO. 99-4909 V. CIVIL ACTION - LAW IN CUSTODY KEVIN L. ROSENBERGER and CINDY L. ROSENBERGER, Defendants OATH RINE M. ROA NBBZd - R_ PR .-TRIAL MEMORANDUM AND NOW, comes the Plaintiff, Catherine M. Rosenberger, by her attorney, Diane G. Radcliff, Esquire, and provides the Court with the following Pre-Trial Memorandum: A. HISTORY OF THE CASE: This is an action for custody involving the Child, Melinda Shannon Rosenberger born July 2, 1992. ("the Child"). The parents, of the Child are the defendants, Kevin L Rosenberger ("Father") and Cindy L. Rosenberger ("Mother"). This action was filed by the paternal grandmother, Catherine M. Rosenberger ("Paternal Grandmother"), seeking confirmation of her primary custody of the Child. The Child is in the primary physical custody of the Paternal Grandmother. The Child has been in that primary custody arrangement since she was five (5) weeks old. This primary custody arrangement has been in effect on a continuous basis since that time with the exception of a three month period of time between September 1998 and December 1998 when she lived with the Father and Mother (for the month of September the Child lived with both parents; for the months of October and December she lived with the Father only), and a one and one half week time period between July 3, 1999 and July 10, 1999 when she temporarily lived with both parents. This custody arrangement was entered into pursuant to an oral agreement of the parties. The parents of the Child are separated and have been separated since July 11, 1999. Each of the parents have indicated their desire to be designated the primary custodian of the Child commencing as of the end of the current school year. The paternal Grandmother does not feel that either parent has the current capability to take care of the Child and therefore opposes any transfer of custody of the child to either of them at this time or at the end of the school year. She does feel, however, that if the Court determines the Child should be in the custody of one of the parents, then the child should be placed with Father rather than Mother as Father is far more stable than mother is. C. SLAY WITNESSES AND SUMMARY OF TESTIMONY: 1. a r in Ros nhPragr: Catherine will testify about the history of the parties, the history of the custodial situation, the stability of each of the parties, each of the parties' parenting skills and the relationship of the Child to each of the Child's immediate and extended family members. 2. Janice Rush: Janice will testify about the history of the parties, the history of the custodial situation, the stability of each of the parties, each of the parties' parenting skills and the relationship of the Child to each of the Child's immediate and extended family members. -2- 3. Kevin T. Roo nb ,-g r (as on c na ): Kevin will testify about the history of the parties, the history of the custodial situation, the stability of each of the parties, each of the parties' parenting skills and the relationship of the Child to each of the Child's immediate and extended family members. 4. Todd R. Ping„ TTT; Todd will testify as to his knowledge of the history of the parties, the history of the custodial situation, the stability of each of the parties, each of the parties' parenting skills and the relationship of the Child to each of the Child's immediate and extended family members. D. EXPERT WITNESSES AND SUM MARX OF TESTTMoN]: 1. None. E. PROPOSED RFSOT iTTON• The Paternal Grandmother proposes that this court adopts the terms of the existing custody order as its final order. Additional provisions should be added requiring the proving of addresses and phone numbers and requiring the Mother to be timely for each visitation period and to call if she is not going to come. Respectfully submi DIAN .G C IFF QUIRE 3448 T dle oad Camp Hill, A 17011 (717) 737-0100 I.D. No. 32112 3- .iA.N r g 20UQ i t S L l 1 ' A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHERINE M. ROSENBERGER, Plaintiff NO. 99-4909 V. CIVIL ACTION - LAW IN CUSTODY KEVIN L. ROSENBERGER and CINDY L. ROSENBERGER, Defendants CATHERINE. M Rf12RM2RRQER. C PRE-TRTAT. MEMO LM AND NOW, comes the Plaintiff, Catherine M. Rosenberger, by her attorney, Diane G. Radcliff, Esquire, and provides the Court with the following Pre-Trial Memorandum: A. This is an action for custody involving the Child, Melinda Shannon Rosenberger born July 2, 1992. ("the Child"). The parents of the Child are the defendants, Kevin L Rosenberger ("Father") and Cindy L. Rosenberger ("Mother"). This action was filed by the paternal grandmother, Catherine M. Rosenberger ("Paternal Grandmother"), seeking confirmation of her primary custody of the Child. The Child is in the primary physical custody of the Paternal Grandmother. The Child has been in that primary custody arrangement since she was five (5) weeks old. This primary custody arrangement has been in effect on a continuous basis since that time with the exception of a three month period of time between September 1998 and December 1998 when she lived with the Father and Mother (for the month of September the Child lived with both parents; for the months of October and December she lived with the Father only), and a one and one half week time period between July 3, 1999 and July 10, 1999 when she temporarily lived with both parents. This custody arrangement was entered into pursuant to an oral agreement of the parties. The parents of the Child are separated and have been separated since July 11, 1999. Each of the parents have indicated their desire to be designated the primary custodian of the Child commencing as of the end of the current school year. The paternal Grandmother does not feel that either parent has the current capability to take care of the Child and therefore opposes any transfer of custody of the child to either of them at this time or at the end of the school year. She does feel, however, that if the Court determines the Child should be in the custody of one of the parents, then the child should be placed with Father rather than Mother as Father is far more stable than mother is. C, TAY WT N.4 .R ND vITMMARv OF TESTIMONY: 1, a h ;n Roaenb ate: Catherine will testify about the history of the parties, the history of the custodial situation, the stability of each of the parties, each of the parties' parenting skills and the relationship of the Child to each of the Child's immediate and extended family members. 2. ,Tan; Bush: Janice will testify about the history of the parties, the history of the custodial situation, the stability of each of the parties, each of the parties' parenting skills and the relationship of the Child to each of the Child's immediate and extended family members. 3. K vin r,_ Rosenberger (as on occ): Kevin will testify about the history of the parties, the history of the custodial situation, the stability of each of the parties, each of the parties' parenting skills and the relationship of the Child to each of the Child's immediate and extended family members. 4. Todd R. Pines _TTT: Todd will testify as to his knowledge of the history of the parties, the history of the custodial situation, the stability of each of the parties, each of the parties' parenting skills and the relationship of the Child to each of the Child's immediate and extended family members. D, EXPERT WTTNFSSF AND SUMMARY n7 FSTTMONY: 1. None. E The Paternal Grandmother proposes that this court adopts the terms of the exieting custody order as its final order. Additional provisions should be added requiring the proving of addresses and phone numbers and requiring the Mother to be timely for each visitation period and to call if she is not going to come. Respectfully submitted, DIAN G. C IFF E QUIRE 3448 T dle oad Camp Hill, A 17011 (717) 737-0100 I.D. No. 32112 -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Catherine M. Rosenberger n Plaintiff : NO. q(q- I.'?p? C?I?yTQfm V. CIVIL ACTION - LAW Kevin L. Rosenberger and IN CUSTODY Cindy L. Rosenberger Defendants \ ORDER OF COURT AND NOW, THIS _??_ day of JS C 1999, upon consideration of the attached Complaint, T I HEREBY ORDERED AND DIRECTED that the parties and their res2_ective legal counsel shall appear before -"\aVit the conciliator, at on the day of 1991, at G for a Conciliation Custody Conference. At such conference an effort will be made to resolve the issue 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 Child or Children who are the subject of this custody action to the conference, but the child's/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMFRT u WITH nTqAnTT,TTTV-q A T OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. FOR THE COURT: LD'slVLJY UU1v`CILIAT , -IS VA.l DIANE O. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 7370100 RLED-OITICE OF ?H' Pri7NOMOTARY 99 AM, 18 PPI 3: 09 CUM-4`Ri,tiNo t .;7L'%Ir( PENnsYLVfNiA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Catherine M. Rosenberger Plaintiff NO. y909 e V. CIVIL ACTION - LAW IN CUSTODY Kevin L. Rosenberger and Cindy L. Rosenberger Defendants CUSTODY COMPLAINT 1. The Plaintiff is Catherine M. Rosenberger, residing at 108 Bungalow Road, Enola, PA 17025. 2. The Defendant, Kevin L. Rosenberger, resides at 902 A 2 Park Ridge Road, Durham, NC 27713. 3. The Defendant, Cindy L. Rosenberger, is believed to reside at 409 S. Buchanan, Durham, NC 27701 or 810 North Duke Street, Apartment 3, Durham, NC 27701. 4. Plaintiff seeks custody of the following child: NAME PLACE OF AGE DOB RESIDENCE Melinda Shannon 108 Bungalow Road 7 7-2-92 Rosenberger Enola, PA 17025 5. The child was born out of wedlock. 6. The child is presently in the custody of the Plaintiff, the Paternal Grandmother who resides at 108 Bungalow Road, Enola, PA 17025. 7. During the past seven years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Paternal Grandmother, 108 Bungalow Road 7-12-99 Catherine M. Enola, PA 17025 to Rosenberger present DIANE G. RADCLIFF 3418 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 PERSONS ADDRESSES DATES Father and Mother, Kevin and Cindy 902 A2 Park Ridge Road D h 7-3-99 Rosenberger ur am, NC 27713 to 7-11-99 Paternal Grandmother, Catherine M 108 Bungalow Road 12-23-98 . Rosenberger Enola, PA 17025 to 7-3-99 Father and Mother, Linda Lane 9-98 Kevin and Cindy Mechanicsburg, PA to Rosenberger 17055 12-23-98 Paternal Grandmother, 108 Bungalow Road 1992 Catherine M. Enola, PA 17025 to Rosenberger g-98 8. The mother of the child is Cindy L. Rosenberger whose address is believed to be 409 S. Buchanan, Durham, NC 27701 or 810 North Duke Street, Apartment 3, Durham, NC 27701. 9. The mother is married to the father, Kevin L. Rosenberger, but is separated from him. 10. The father of the child is Kevin L. Rosenberger currently residing at 902 A2 Park Ridge Road, Durham, NC 27713. 11. The father is married to the mother, Cindy L. Rosenberger, but is separated from her. 12. The relationship of Plaintiff to the child is that of Paternal Grandmother. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Melinda Shannon Rosenberger Granddaughter 13. The relationship of Defendant, Kevin L. Rosenberger, to the child is that of father. The Defendant, Kevin L. Rosenberger, currently resides with the following persons: NAMES RELATIONSHIP NONE N/A DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 14. The relationship of the Defendant, Cindy L. Rosenberger, to the child is that of mother. The Defendant, Cindy L. Rosenberger, currently resides with the following persons: NAMES RELATIONSHIP Rick Wilson Boyfriend Jessica Hernandez Daughter 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 16. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The foregoing, notwithstanding, it is averred that the Defendants executed an Agreement dated September 9, 1994 pertaining to custody which Agreement is attached as Exhibit "A". 18. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The Plaintiff has been the primary caretaker of the child. B. The Plaintiff can better provide for the child's best interest and give her a loving, stable environment. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 19. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the Page 4 of 7 child have been named as parties to this action. 20. The Defendant, Kevin L. Rosenberger will consent to the granting of custody to his mother, the Plaintiff herein DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 WHEREFORE, Plaintiff requests the Court to grant primary legal and physical custody of the child to the Plaintiff and partial physical custody to the Defendants. Respectfully submitted, 7 Mime: (717) 737-0100 IAN! 1CLIF ESQUIR 8 rin le oa Camp il PA 17011 Fax: (717) 975-0697 ID No. 32112 EXHIBIT "A" SEPTEMBER 9, 1994 CUSTODY AGREEMENT DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 CATHERINE M. ROSENBERGER verifies that the statements made in this complaint are true and correct. CATHERINE M. ROSENBERGER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 8111?9g CM) an '- M?% Iwo CATHERINE M. ROS NBERGER, Plaintiff DIANE G. RADCLIFF 3418 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 AM 7y rn fo a.a cFy ? W Z ? ? p Q m V Q % r c . (. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Catherine M. Rosenberger Plaintiff V. Kevin L. Rosenberger and Cindy L. Rosenberger Defendants NO. 99-4909 CIVIL ACTION - LAW IN CUSTODY INTERIM EMERGENCY VlTgTODY ORDER AND NOW, this ? day of Q0 , 1999, upon consideration of the within Petition IT IS HEREBY ORDERED that: 1. Pending the hearing in this case, legal and physical custody of the child, Melinda Shannon Rosenberger, born July 2, 1992 ("the Child") shall be with the Plaintiff, Catherine Rosenberger, ("the Grandmother"). 2. The Defendants, Kevin L. Rosenberger and Cindy L. Rosenberger, ("the Parents") shall have rights of visitation with the child as shall be mutually arranged with Plaintiff's legal counsel and the Plaintiff. Any such visitation periods shall be subject and under the following conditions: a. The Parents shall not take or remove the Child from Cumberland County, Pennsylvania and the jurisdiction of this court during any such visitation period; b. The Parent exercising any such visitation period shall be required to provide the Grandmother with a telephone number and address where the Child will be staying during each visitation period and shall have the Child contact 3. 4 the Grandmother each evening no later than 9:00 p.m. of any such visitation period so as to verify the Child's whereabouts. e C. In the event a Parent should fail or refuse to return the Child to the custody of the Grandmother at the end of the visitation period or shall otherwise shall fail to keep the Grandmother apprised of the location of the Child as required aforesaid, any police department having jurisdiction in the area where the Child is located is authorized to and shall assist the Grandmother in securing the return of the Child to the custody of the Grandmother and thereupon all temporary rights of visitation of that Parent shall be forfeited pending hearing an/or further order of this Court. This Order is entered without prejudice to any party to seek an order at variance to the terms hereof at the time of the conciliation conference or final hearing in this case. A copy of this order shall be provided to the Plaintiff's legal counsel and the parties by regular mail at the following listed addresses. Distribution To: Diane G. Radcliff, Esq. Cindy Rosenberger Kevin Rosenberger 3448 Trindle Road 415 Calvery Court 902 A2 Park Ridge Road Camp Hill, PA 17011 Hillsboro, NC 27278 Durham, NC 27713 Attorney for Plaintiff Pro Se Pro Se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Catherine M. Rosenberger Plaintiff V. NO. 99-4909 . CIVIL ACTION - LAW . IN CUSTODY Kevin L. Rosenberger and Cindy L. Rosenberger Defendants PETITION FOR EMERGENCY/ SPECIAL RELIEF AND/OR FOR AN ORDER OF CONTEMPT AND NOW, this a±1tay of September, 1999, comes the Petitioner, Catherine M. Rosenberger by her attorney, Diane G. Radcliff, Esquire and files the above referenced Petition and represents that: 1. Your Petitioner is Catherine M. Rosenberger, ("the Grandmother") an adult individual residing at 108 Bungalow Road, Enola PA 17025 and is the paternal grandmother of the minor child who is the subject of this action, Melinda Shannon Rosenberger, born July 2, 1999, ("the Child"). 2. Your Respondent, Cindy L. Rosenberger, ("the Mother"), is an adult individual residing at 415 Calvery Court, Hillsboro, NC 27278 and is the mother of the Child. 3. Your Respondent, Kevin L. Rosenberger, ("the Father"), is an adult individual residing at 902 A2 Park Ridge Road, Durham, NC 27713 and is the father of the Child. 4. During the past seven years, the Child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Grandmother 108 Bungalow Road 7-12-99 Enola, PA 17025 to present Father and Mother 902 A2 Park Ridge Road 7-3-99 to Durham, NC 27713 7-11-99 Grandmother 106 Bungalow Road 12-23-98 Enola, PA 17025 to 7-3-99 Father and Mother Linda Lane 9-98 to Mechanicsburg, PA 17055 12-23-98 Grandmother 108 Bungalow Road 1992 to Enola, PA 17025 9-98 5. As evidenced by the addresses set forth in the preceding paragraph, the Child has resided with the Grandmother for the past seven years with the exception of four (4) months in 1998 and one week in 1999. 6. Custody of the Child was returned to the Grandmother on July 11, 1999, following the marital separation of the Mother and the Father, when the Mother left their marital residence to live with another man, thereby leaving the Child in the care and custody of the Father who then returned the Child to the Grandmother. 7. The Grandmother instituted the within action on or about August 18, 1999 by the filing of a Complaint in which she sought confirmation of her custody of the Child. 8. The Father has agreed that the Grandmother shall have custody of the Child as evidenced by the letter attached hereto, marked Exhibit "A" and made a part hereof. 9. The Mother has filed a companion custody case pro se, docketed to No. 99-5078, by the filing of a Complaint on or about August 23, 1999, in which action she named the Father as a Defendant but did not name the Grandmother as a Defendant. 10. At the time of the filing of her Complaint the Mother was aware that the Child was in the custody of the Grandmother. 11. A custody conciliation conference has been scheduled on both custody cases for October 14, 1999 at 2:00 p.m. before Michael L. Bangs, Esquire, the custody conciliator. 12. Since the filing of the Compliant and on or about September 20, 1999, the Mother returned to Pennsylvania and went to the Child's school and attempted to remove the Child from that school so that she could take her to North Carolina where she currently resides and has resided since July 1999. 13. The school officials have refused to turn the Child over to the Mother and have contacted the Grandmother and informed her to pick up the Child at the end of the school day. 14. The Grandmother fears that the Mother will attempt to gain or actually gain physical custody of the Child and will remove the Child from the Grandmother's custody prior to any conciliation or hearing in this case and that if she is successful in doing so the Mother will not return the Child to the custody of the Grandmother and will not return to Pennsylvania for the custody conciliation and hearing to be scheduled in this case. 15. The Grandmother has been the primary caretaker of the Child since her birth and it would be in her best interest for the Child to remain in the Grandmother's primary care and custody until final hearing in this case. 16. An emergency order is necessary due to the great risk that the Child will be removed from the jurisdiction of this Court and will not be returned for the conciliation conference and the final hearing in this case or the companion case. WHEREFORE, the Grandmother respectfully requests this Honorable Court to enter an order granting the Grandmother temporary legal and physical custody of the Child pending further order of this Court and prohibiting the removal of the Child from Cumberland County Pennsylvania pending such further order. Respectf ?ubmitted, FF, ESQUI DIAN!Triiad 448 dle Ro1, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Plaintiff EXHIBIT "A" 11', :. - I ua 1\ Alu 10:,430 FI\KII'S H'IP Q003 Ire re+ere- nce to yocar , l ! Inc r, ne RCsen he.rrgc-r complaih? "'0.) a1ainst men Kevin Rosenbe cr, n r arils -to m0or cau ?t 5 i nce r` mgry Z have c?n?? V(I custod o M Co y y lerine, r?el,??vc d? Z am no? e octual yFv: {,-ehc?dn? form com??ain?,5ince mY ht, (- -e now ose of m y mo '1e?^ ?i?_?ase a?v?se Cct?e?rrhe o`l? I -ac v icy ??(iris c?nay5 73a-? 3?. log Bun slow Rd, Enold, PA ROZ your com pl of S?V 99 CATHERINE M. ROSENBERGER verifies that the statements made in this Petition for Emergency Relief are true and correct. CATHERINE M. ROSENBERGER understands that false statements herein are made subject to the penalties of iS Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 9 ?O c1c1 L 'U "AD CATHERINE M. ROSENBERGER, Plaintiff iEP 2 0 1999' ? ? aa C13% F. L.J i.?R Y :1I O l U 6 U 2 S ' t 1 CATHERINE M. ROSENBERGER, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4909 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2000, upon the motion of KEVIN L. ROSENBERGER and CINDY L. ROSENBERGER, DEFENDANT Cindy L. Rosenberger for a continuance of the hearing scheduled for February 9, 2000, the motion IS GRANTED. The hearing is continued generally to the call of any parry. The order entered on November 16, 1999, shall remain in effect until further order of court. If the mother is not going to exercise any of her periods of partial custody in Pennsylvania she must notify Catherine M. Rosenberger no later than seven (7) days before the scheduled visitation. By the Co w Diane G. Radcliff, Esquire For Plaintiff Cindy L. Rosenberger, Pro se 614 Dumont Drive Hillsborough, NC 27278 Kevin L. Rosenberger, Pro se 902 A2 Parkridge Road Durham, NC 27713 Edgar B. BayleykJ. C0fj,FC ma<LTcL 3/9/0d :saa l? 1 02/08/2000 14:19 919-966-4180 UNC PSYCHIATRY BUSIN PAGE 01 O^ CATHERINE M. ROSENBERGER, Plaintiff Vs. KEVIN L. ROSENBERGER and CINDY L. ROSENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4909 CIVIL TERM CIVIL ACTION-LAW CUSTODY REQUEST FOR CONTINUANCE AND NOW, this 7th day of February , 2000, Mrs. Cindy L. Rosenberger of 614 Dumont Drive, Hillsborough, North Carolina, 27278, does hereby respectively request a continuance from the Honorable Judge Bayley of the Cumberland County Court of Common Pleas, for the case of Rosenberger vs. Rosenberger court docket # 99-4909 due to be held on February 9, 2000 at 8:45 a.m. Upon the direct denial for a continuance from the prosecuting attorney, Diane G. Radcliff, Mrs. Rosenberger has had no option but to request this continuance from the court On the following grounds: 1. The natural mother of the minor child Melinda Shannon Rosenberger, age7: born July 2,1992, requires further time to locate witnesses and evidence of actual residences of the child during the disputed times of custody listed in the original court proceedings. 02JOB/2000 14;19 919-966-4180 UNC PSYCHIATRY BUSIN PAGE 02 2. To further allow Mrs. Rosenberger time to seek proper legal counsel and representation due to the fact that neither the Pennsylvania Legal Aid department cannot provide legal representation pro bono in this type of case to a non-resident. The North Carolina Legal Aid department states that they cannot represent pro bono on an out of state case. 3. To notify the court that there is now in effect a state of emergency within the state of North Carolina, and that the county of Orange has been declared a Disaster area, which restricts travel within the state due to the recent inclimate weather, thereby making travel to Pennsylvania hazardous. WHEREFORE, Defendant requests the court grant this Request for Continuance. Respectfully submitted, CINDY L:'ROSENBERGER, prose 614 Dumont Drive Hillsborough, NC 27278