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Home My WebLink About99-05082I 'I s GEORGE F, RUSSELL, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-5082 CIVIL COLEEN L. RUSSELL- ROTHENBERGER IN CUSTODY ORDER OF COURT AND NOW, this 17`h day of December, 1999, upon consideration of the Agreement of the parties, primary custody of Kelly Erin Russell, born December 13, 1988, is in the father, George F. Russell, Jr. as of December 26, 1999, Primary custody shall remain in the father unless the child requests a return to her mother and the parties agree to the change. Partial custody shall be in the mother, Coleen L. Russell-Rothenberger during the summer beginning a week after the last day of the school year until two weeks before the start of school in August, During the summer the child shall visit with the paternal grandmother for one weekend. The father shall deliver the child to Pennsylvania in June and mother will return the child in August. Mother shall have shared custody during Thanksgiving and Christmas during the father's visits to Pennsylvania for those holidays. BY THE COURT / J. ,CV?Ltc1J im i?-,w 99 Rjjj .? ?? ? a ?. J3 J N; GEORGE F. RUSSELL, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-5082 CIVIL COLEEN L. RUSSELL- ROTHENBERGER IN CUSTODY STIPULATION 1. The plaintiff is George F. Russell, Jr. who resides at 12503 Frey Road, Highland, Illinois, 62249. 2. Defendant is Coleen L. Russell-Rothenberger who resided at 144 Chester Street, Carlisle, Pennsylvania, 17013, until about 1, 1999, and now resides at 18315 Shawley Drive, Hagerstown, Maryland, 21740. 3. George F. Russell, Jr. and Coleen L. Russell-Rothenberger are the natural parents of Kelly Erin Russell bom December 13, 1988. 4. George F. Russell, Jr. and Coleen L. Russell-Rothenberger were divorced by decree of the Court of Cumberland County on June 18, 1992. 5. The parties agree that primary custody of Kelly Erin Russell born December 13, 1988 shall be in the father beginning December 26, 1999. 6. Primary custody shall remain with the father unless the child requests a return to her mother and the parties stipulate to the change. 7. Partial custody shall be with the mother beginning one week after the last day of school in June until two weeks before school starts in August. 8. During the mother's partial summer custody, the child will visit with the paternal grandmother for one weekend and as the parties may agree. 9. The father shall deliver the child to Pennsylvania in June and mother will return the child in August. 10. Mother shall have shared custody during Thanksgiving and Christmas during the father's visits to Pennsylvania for those holidays. WHEREFORE, the parties request the court to enter an order pursuant to the agreement of the parties. SUBSCRIBED and sworn to before me this 17'h day of December, 1999. -,4/ Notary Publi NOTARIAL SEAL F:HIRLEY V. CLEVENGER. NOTARY PUBLIC Caruala Borough, Cumbor z:x, ?:owdy r My Commlaalon E%Wrac March 5, 2000 i GEORGE F. RUSSELL, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-S CIVILTERM .. N COLEEN L. RUSSELL IN CUSTODY ORDER OF COURT AND NOW, this V3-1day of/?-er 1999, upon consideration of the attached complaint, it is hereby directed that the park and their respective counsel appear before the conciliator, at ?'100w 6A' °on the /51-day of GCA.6^9999, at q` 3'!m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR 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 ?? e ?? v .? m ,r ?\ C{?{ ?a i GEORGE F. RUSSELL, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- j' PCIVIL TERM COLEEN L. RUSSELL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is George F. Russell, Jr. who resides at 12503 Frey Road, Highland, Illinois, 62249. 2. Defendant is Coleen L. Russell who resided at 144 Chester Street, Carlisle, Pennsylvania, 17013, until about August 1, 1999, and now resides at 18315 Shawley Drive, Hagerstown, MD, 21740. 3. George F. Russell, Jr. and Coleen L. Russell are the natural parents of Erin Russell born December 13, 1988. 4. George F. Russell, Jr. and Coleen L. Russell were divorced by decree of the Court of Cumberland County on June 18, 1992. 5. Plaintiff seeks custody of Kelly Erin Russell born December 13, 1988. 6. The child is presently in the custody of defendant. 7. The child has resided with defendant at three different residences in the Carlisle and Newville area during the past year. 8. The child has changed schools three different times in the past year. 9. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because the child will have a stable home with plaintiff and plaintiff will promote the relationship with his father. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, plaintiff requests the court to grant legal and physical custody to the father, George F. Russell, Jr. i r ego ? ?z - nces H HT . Del Duca Attorney for Plaint Dated: August 20, 1999 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein arc made subject to the penalties of 10 Pa.C.S. Sec. 4904 relating to unswom falsification to authorities. Dated: 9 CO /f Cl1 t?,"e // 3/s' S?aw)ey ), +?do u? l?J?ot Z / 7 V o 0(-)--) a? c w?: c? .- ?f?Yk?? u+ .I N c v m cr, V1^ U 1 ? Q Li `7 a9- r V `z OCT U 5 199q GEORGE F. RUSSELL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COLLEEN L. RUSSELL- N0.99-5082 CIVIL ROTHENBERGER Defendant IN CUSTODY COURT ORDER AND NOW, this fi? day of October, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on the 17 day of December, 1999, at 9:30 a.m. at which time testimony will be taken in the above case. At this hearing, the Father, George F. Russell, Jr., shall be the moving party and shall proceed initially with testimony. Both parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, a detailed listing of the issues currently before this court, a list of witnesses who will testify on behalf of that party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least 7 days prior to the mentioned hearing date. 2. Pending further order of this court, the following temporary custody order is entered: A. The Mother, Colleen L. Russell-Rothenberger, and the Father, George F. Russell, Jr., shall enjoy shared legal custody of Kelly Erin Russell bom December 13, 1988. B. The Mother shall enjoy primary physical custody of the minor child. C. Upon the Father advising the Mother at least one (1) week in advance that he will be in the Hagerstown or Carlisle area, Father shall be afforded ovemight custody of the minor child during the time Father is in the area. Specifically, when Father comes to Carlisle for the hearing scheduled on December 17th, Mother shall cooperate by providing Father time to be with the child in advance of the hearing. L'?' !n? l.l?? -' J (,'"' ? I n ,;: ?? -? ?.?;, D. In the event either party desires to have any type of evaluation performed in advance of the hearing and that party is prepared to incur the costs for the evaluation, the other party and the minor child shall cooperate in the evaluation as required. E. Mother shall share with the Father all educational, health and other pertinent records and information relating the minor child. The paternal grandmother shall also have an opportunity to spend alternating weekends with the minor child as long as she does the transportation. This provision shall not prejudice the Mother from contesting at the custody hearing the paternal grandmother having a set custody schedule. This provision is based upon the existing status quo that has taken place over the past few years where the child has spent alternating weekends with the paternal grandmother. BY THE COURT, cc: Frances Del Duca, Esq. Colleen L. Russell-Rothenberger Kevin . Hess R LK Anp GEORGE F. RUSSELL, JR., Plaintiff COLLEEN L. RUSSELL- ROTHENBERGER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5082 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Kelly Erin Russell, born December 13, 1988. 2. A Conciliation Conference was held on October I, 1999, with the following individuals in attendance: The Father, George F. Russell, Jr., with his counsel, Frances Del Duce, Esquire; and the Mother, Colleen L. Russell-Rothenberger, who appeared without counsel. 3. The Father lives in Illinois. The Mother lived in Pennsylvania and relocated to Hagerstown Maryland in August. The parties have been divorced for seven years, and Mother has enjoyed primary custody with Father exercising time during the summer and on some vacation during the school year. Father now believes that circumstances are such that the child would be better served living primarily with Father. He cites situations where the Mother has had repeated relocations of homes and school districts and he also suggests that Mother has not been amenable to allowing Father to have the whole summer with the child as he had enjoyed in the past. Mother believes the current custody arrangement should remain with her having primary physical custody. A hearing is necessary and should take no more than one (1) day. 4. The Conciliator recommends the entry of an order in the form as attached. 1611 ?1 Q7 a DATE Hubert X. Gilroy, Esquire Custody Conciliator GEORGE F. RUSSELL, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. 99-5082 CIVIL TERM COLEEN L. RUSSELL, Defendant CIVIL ACTION - CUSTODY IN RE: MOTION FOR CONTINUANCE ORDER AND NOW, this continuance is DENIED. BY THE COURT, Frances H. Del Duca, Esquire For the Plaintiff /o" day of December, 1999, the defendant's motion for a Coleen L. Russell Rothenberger For the Defendant Kevi} A. Hess, J. - Cc? ?t v rr ?'uA / 2 /I7/49. A•-f - :rlm ? ? '? ? ?.I .1 ?:. ? U I'i i ., ? Q DEC - 81998 GELae,e F 2?SS£L?, j2 VS ?'? -i ? k E C w r of Loan nn xJ P. e cs or C, Vrv?F,CRLA NP Cwa;,.l ? PENNS?I `V A?i.11h COL- EE-3 k? 0&& =LL LAC z lON - Ut W No 911 3o9,Z CJv« NNOT\DN C -R Co,?. ^?1?A?1CE I am to appear before the Court of Common Pleas of Cumberland County, Pennsylvania on Friday, December 17, 1999 for a child custody hearing for my daughter. I would like to file a motion for a continuance, suspending the hearing until I can financially afford proper representation. At this time, I cannot afford to retain council to represent me. My husband's employment transferred us to the Hagerstown Maryland area, which has currently left me unemployed. I am still considered to be a resident of Pennsylvania, and the attorneys in the local area that are willing to take an out of state case, require a retainer of $1,500 or more. This amount is extremely high, and would cause a great financial upset in my household. Thank you for your time and concern on this matter. Sincerely, C [t??? Coleen L. (Russell) Rothenberger a) L.LJ L'A U cn Z? GEORGE F. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. COLEEN L. RUSSELL :99-5082 CIVIL TERM : IN CUSTODY AFFIDAVIT OF SERVICE I, Roger C. Spitz, being duly sworn according to law, that I am over 18 years of age and not a party to the above-captioned action, served and made known to Coleen L. Russell on the 23rd day of August, 1999 at 3:45 p.m. at 1149 Harrisburg Pike, Carlisle, PA 17011 a Complaint for Custody issued in the above entitled case in the manner described below: [ x] Personally delivered them into the hands of the person to be served [ ] Adult family member with whom that person resides. Relationship is Agent or person in charge of person's office or usual place of business Other. Description of Recipient Sex: F Skin Color: Fgi2 Height (approx.): ,j '6 Weight (approx.): / ?10 Hair Color: 131oNde Age: 3,S V'r " ? __ ?, Roger G?Spitz Pennsylvania State Constable Cumberland County ID# B001517 ?t c, ?. ? ?1 U??' (?. C^ ;?? i? ? r_": ,,: ?.: .? ?[ o l i ?O ;i' ?; ?. v; ,'' u i`? ,;L r L ? ?. GEORGE F. RUSSELL, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5082 CIVIL TERM COLEEN L, RUSSELL IN CUSTODY ORDER OF COURT AND NOW, this day of September, 1999, upon consideration of the foregoing,^ t is ordered and decreed that the plaintiff-father be awarded partial custody of Kelly Erin Russell from Thursday evening, September 30 until Saturday night, October 2, 1999, to be exercised in Cumberland County picking up the child and returning her to the mother in Hagerstown, Maryland. BY THE COURT, A J. 'i :rFr?? C? ,CCJJ n c??,?,;_ i=c?V?:?; ?;;C'dt?;?"?'7Y VO I GEORGE F. RUSSELL, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5082 CIVIL TERM COLEEN L. RUSSELL IN CUSTODY COMPLAINT FOR PARTIAL CUSTODY 1. Plaintiff-father filed a complaint for custody on August 23, 1999. 2. The complaint was served on the defendant-mother on August 23, 1999. 3. A conciliation conference is scheduled for October l at 9:30 a.m. in Carlisle, PA. 4. The plaintiff Kelly Erin Russell, age 10 years, lives in Illinois with his wife and children. 5. The plaintiff has not seen the child Kelly since July 6, 1999 when the mother took the child from Illinois during the father's summer visit. 6. The plaintiff has had regular phone contact with the child. 7. The defendant has refused to allow plaintiff to visit with the child while he is here in Pennsylvania from September 30 until early October 3, stating the child is going camping with the maternal grandmother. 8. Plaintiff feels it is in the best interest of the child to visit with him while he is here staying with his mother in Newville. WHEREFORE, plaintiff requests the court to enter an order for partial custody from Thursday evening September 30 until Saturday night, October 2 to be exercised in Cumberland County picking up the child and returning her to the mother in Hagerstown, Maryland. Winces H. Del Duca, Esquire Attorney for Plaintiff-father w I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 10 Pa.C.S. Sec. 4904 relating to unswom falsification to authorities. Dated: y-,5e-qe1 t 4 =?7 ,x"o c7: 41pr - CL u' cn wgw: L? rn Lf, _? U 1