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Home My WebLink About03-4189PAM S. RUDY, Plaintiff JOSEPH R. WENRICK, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 PAM S. RUDY, Plaintiff JOSEPH R. WENRICK, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : CIVIL ACTION - LAW :IN CUSTODY NOTICIA Le han Demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y ia notificacion. Usted deve presentar una apariencia excrita o en persona o por abogado y archivar en ta corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIClO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECClON SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PAM S. RUDY, Plaintiff JOSEPH R. WENERICK, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, PAM S. RUDY, by her attorney, Mindy S. Goodman, Attorney at Law, and brings the following Complaint for primary custody. 1. The Plaintiff, PAM S. RUDY, is an adult individual who currently resides at 172 Ashford Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, JOSEPH R. WENERICK, JR., is an adult individual who currently resides at 639 Herrin Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks primary custody of KYLE JOSEPH WENERICK, born February 23, 1993. 4. The child was not born out of wedlock 5. The Plaintiff and Defendant presently share physical and legal custody on an equal basis, but for purposes of school, the child's primary residence is listed with Plaintiff. 6. Since the parties separated in 1999, Plaintiff and Defendant have shared legal and physical custody, but originally under the Marital Settlement Agreement, Defendant was listed as the primary custodial parent. 7. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently lives by herself. 8. The relationship of Defendant to the children is that of Father. The Defendant currently lives with his significant other, Thomas Christopher. 9. Plaintiff has not participated as a party, witness, or in any other capacity regarding custody in this or any other court. 10. Plaintiff does not have any information of any custody proceeding concerning said children pending in a court of this or any other state. 11. Plaintiff knows of no person not a party to this proceeding who has physical custody of said child or claims to have custody or visitation rights with respect to this child. 12. The best interests and permanent welfare of the minor child will be served by granting the relief requested because the current schedule requires the child to bounce back and forth too much, which is getting increasingly difficult for the minor child as he gets older, Plaintiff can provide a more stable and structured environment for the minor child, the Defendant's current lifestyle is confusing for the child, and Plaintiff maintains that she will ensure that the relationship between Defendant and the minor child continues to flourish and grow. WHEREFORE, Plaintiff requests your Honorable Court to award primary physical custody of the child, Kyle Joseph Wenerick, to the Plaintiff subject to reasonable partial custody to Defendant. Respectfully submitted, Attorney at Law Attorney I.D. No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff VERIFICATION I verify that the facts stated in the within Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein made are subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. Date: Pam S. Rudy PAM S. RUDY PLAINTIFF JOSEPH R. WENRICK, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'FY, PENNSYLVANIA 03-4189 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 28, 2003 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Gree~5~sq. _, the conciliator, at 301 Market Street, Lemoyne, PA 17043 _ on Tuesday,~September 23, 2003 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 ~resent 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/ Melissa P. Greevy, 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 about accessible thcilities 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 TEEEPHONE II-IE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ¥!NVAq~,SNIx~d PAM S. RUDY, Plaintiff : JOSEPH R. WENERICK, JR., Defendant SEP 003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4189 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OFCOURT AND NOW, this ~," day of ,P-,~ ,2003, upon consideration of the attached Custody Co~'-~ii~tion Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parents, Pam S. Rudy and Joseph R. Wenerick, Jr., shall have shared legal custody of the minor child, Kyle Joseph Wenerick, born February 23, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. 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. Physical Custody. The parents, Pam S. Rudy and Joseph R. Wenerick, Jr., will share physical custody of the child in accordance with the following schedule: A. Mother shall have custody from September 23, 2003 through September 28, 2003. B. Commencing September 28, 2003, the parties shall have a week on/week off shared custody schedule. The custodial exchange shall occur on Sunday evenings at 6:00 p.m., unless otherwise agreed. Father's first custodial week shall commence September 28, 2003 which shall be followed by Mother's custodial week which shall commence October 5, 2003. 3. Holidays. A. Christmas. Each year Mother shall have custody for Christmas Eve until Christmas Day at noon. Each year Father shall have custody on Christmas Day at noon until December 26th at 7:00 p.m. NO. 03-4189 CIVIL TERM B. Alternatinq Holidays. The parties will alternate the following holidays commencing with Father having custody for Thanksgiving 2003: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. Custody for New Year's Day will be enjoyed by the parent who has custody on that week. 4. In the event that either parent intends to relocate outside of the East Pennsboro Township School District and intends that by that relocation that the child will be changing school districts as well, the relocating parent will notify the other parent ninety (90) days in advance of their intent to relocate. 5. The Custody Conciliation Conference shall reconvene on January 6, 2004, at 11:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. In the event that the parties find that the custodial plan is working satisfactorily to address the child's best interests, the Custody Conciliation Conference may be cancelled upon seven (7) days written notice from .both parties. Dist: BY THE COURT: / Mindy S. Goodman, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112 Derek J. Cordier, Esquire, 319 South Front Street, Harrisburg, PA 17104-1621 PAM S. RUDY, Plaintiff JOSEPH R. WENERICK, JR., Defendant SEP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1'40.03-4189 CIVIL TERM 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kyle Joseph Wenerick February 23, 1993 Mother and Father 2. A Custody Conciliation Conference was held on September 23, 2003 in response to Mother's Complaint for Custody filed on August 25, 2003. Present for the conference were: the Mother, Pam S. Rudy, and her counsel, Mindy S. Goodman, Esquire; the Father, Joseph R. Wenerick, Jr., and his counsel, Derek J. Cordier, Esquire. 3. The parties reached an agreement in the f. pcrh o'~f~ Order as attached. ~)/"~///~¢ % Melis~-a' Peel Greevy, Esquir/e Custody Conciliator :218751 PAM S. RUDY, Plaintiff JOSEPH R. WENERICK, JR., Defendant IN THE COURT OF' I~LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4189 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 6th day of January, 2004, upon the request by counsel for Plaintiff and Defendant, the Custody Conciliation scheduled for January 6, 2004 is hereby CANCELED. The Conciliator hereby relinquishes jurisdiction of the matter. Custody Conciliator Dist: '"¢vtindy S. Goodman, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112 vDerek J, Cordier, Esquire, 319 South Front Street, Harrisburg, PA 17104-1621 :218938