The URL can be used to link to this page

Home My WebLink About01-6647EDWARD L. RABENSTEIN, II, Plaintiff, MICHELLE R. RABENSTEIN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2001 - 6 6 gq CML TERM IN DIVORCE / CUSTODY COMPLAINT IN DIVORCE AND CUSTODY AND NOW, comes the Plaintiff, Edward L. Rabenstein, II, by and through his attorneys, Irwin, McKnight & Hughes, and files this Complaint in Divorce and Custody against the Defendant, Michelle R. Rabenstein, representing as follows: 1. The Plaintiff is Edward L. Rabenstein, II, an adult individual residing at 20 Regency Woods South, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Michelle R. Rabenstein, an adult individual currently residing at 46 McDonald Street NW, Concord, North Carolina 28027. COUNT I - DIVORCE PURSUANT TO SECTIONS 3301(c) AND 3301(d~ OF THE DIVORCE CODE 3. The averments of paragraphs one (1) through two (2) of this Complaint are made a part hereof and incorporated herein by reference. 4. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 5. The Plaintiff and the Defendant were married on July 2, 1994 in Silver Spring Township, Mechanicsburg, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. There is one (1) child bom to this marriage; namely, Brandon J. Rabenstein, bom August 10, 1995, age 6 years. 8. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 9. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. Plaintiff's signed Marriage Counseling Affidavit is attached hereto and incorporated herein by reference as Exhibit "A." WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. COUNT II - CUSTODY I0. The avem~ents of paragraphs one (1) through nine (9) of this Complaint are made a part hereof and incorporated herein by reference. 11. Upon information and belief, the parties' minor child is presently in the custody of Defendant in North Carolina. 12. Prior to October 29, 2001, the parties' minor child resided with Plaintiff at his home located at 20 Regency Woods South, Carlisle, Cumberland County, Pennsylvania 17013, even during Defendant's separation from Plaintiffduring October 2001. 13. On or about October 26, 2001, Defendant infom~ed Plaintiff that she desired to reconcile their differences and moved back into the residence with Plaintiff and their minor child. 14. On October 29, 2001, Plaintiff returned home and discovered that Defendant had removed her belongings and the belongings of their minor child from the residence. 15. Defendant had not infonl,ed Plaintiff that she was moving, nor that she was taking the parties minor child, nor the location to which she was intending to relocate. 16. It was only until several days later that Defendant contacted Plaintiff by telephone and informed him that she and their minor child were living in North Carolina. 17. Prior to Defendant's unannounced removal of the child to North Carolina on October 29, 2001, the child attended Silver Spring Elementary School in Cumberland County, Pennsylvania. 18. Most of the child's extended family also reside in Pennsylvania, and to the best of Petitioner's information and belief, no member of the extended family resides in North Carolina. 19. The child's friends and playmates also reside in Cumberland County, Pennsylvania. 20. Since the child's birth, he has resided primarily with Plaintiff and has a close and loving bond with Plaintiff. 21. Defend_ant, by her actions, has prevented any contact by Petitioner with the child except by telephone since October 29, 2001. 22. Plaintiff desires primary physical custody and sole legal custody of the parties' minor child. 23. The removal of the child by Defendant to North Carolina is not in the best interest or welfare of the parties' minor child. 24. Defendant's removal of the minor child to North Carolina has severely disrupted the day-to-day life of the child, and had irreparably harmed Plaintiff. 25. The best interests and permanent welfare of the child requires the Court grant the Plaintiff's request as set forth above. 26. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other location. 27. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff respectfully requests that an Order of Court be entered granting him primary physical custody and sole legal custody of the parties' minor child, Brandon J. Rabenstein. Date: November 27, 2001 By: Respectfully submitted, IRWIN, McKNIGHT & HUGHES Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, infoi-iiiation and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. E~DWARD L RABENSTEIN, H Date: November 26 ,2001 EXHIBIT "A" EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE R. RABENSTEIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 2001 - CIVIL TERM : : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: November 26 ,2001 EDWARD L. RABENSTEIN, II EDWARD L. RABENSTEIN, II, Plaintiff, MICHELLE R. RABENSTEIN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE / CUSTODY NOTICE 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 in divome 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 fights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 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. EDWARD L. RABENSTEIN, II, Plaintiff/Petitioner, MICHELLE R. RABENSTEIN, Defendant/Respondent. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001- ~(~tr~ CIVIL TERM IN DIVORCE / CUSTODY PETITION FOR SPECIAL Rtl AND NOW, this /~__~__l~day of November, 2001, comes the Petitioner, Edward L. Rabenstein, II, by and through his attorneys, Irwin, McKnight & Hughes, Esquires, and files this Petition for Special Relief making the following statements: 1. The Petitioner is Edward L. Rabenstein, II, an adult individual residing at 20 Regency Woods South, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Michelle R. Rabenstein, an adult individual currently residing at 46 McDonald Street NW, Concord, North Carolina 28027. 3. The Petitioner and the Respondent were married on July 2, 1994 in Silver Spring Township, Mechanicsburg, Pennsylvania, and Petitioner has filed a divorce and custody action contemporaneous with and under the same docket number as this action with the Court of Common Pleas of Cumberland County, Pennsylvania. 4. The parties are the natural parents of one minor child, namely, Brandon J. Rabenstein, bom August 10, 1995, age 6 years. 5. Upon information and belief, the parties' minor child is presently in the custody of Respondent in North Carolina. 6. Prior to October 29, 2001, the parties' minor child resided with Petitioner at his home located at 20 Regency Woods South, Carlisle, Cumberland County, Pennsylvania 17013, even during Respondent's separation from Petitioner during October 2001. 7. On or about October 26, 2001, Respondent informed Petitioner that she desired to reconcile their differences and moved back into the residence with Petitioner and their minor child. 8. On October 29, 2001, Petitioner returned home and discovered that Respondent had removed her belongings and the belongings of their minor child from the residence. 9. Respondent had not informed Petitioner that she was moving, nor that she was taking the parties minor child, nor the location to which she was intending to relocate. 10. It was only until several days later that Respondent contacted Petitioner by telephone and informed him that she and their minor child were living in North Carolina. 1 I. Prior to Respondent's unannounced removal of the child to North Carolina on October 29, 2001, the child attended Silver Spring Elementary School in Cumberland County, Pennsylvania. 12. Most of the child's extended family also reside in Pennsylvania, and tO the best of Petitioner's infom~ation and belief, no member of the extended family resides in North Carolina. 13. The child's friends and playmates also reside in Cumberland County, Pennsylvania. 14. Since the child's birth, he has resided primarily with Petitioner and has a close and loving bond with Petitioner. 15. Respondent, by her actions, has prevented any contact by Petitioner with the child except by telephone since October 29, 2001. 16. Petitioner desires primary physical custody and sole legal custody of the parties' minor child. 17. The removal of the child by Respondent to North Carolina is not in the best interest or welfare of the parties' minor child. 18. Respondent's removal of the minor child to North Carolina has severely disrupted the day-to-day life of the child, and had irreparably harmed Petitioner. 19. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other location. 20. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 21. The best interests and pemianent welfare of the child require that the Court grant the Petitioner's requests as set forth above. WHEREFORE, the Petitioner, Edward L. Rabenstein, II, respectfully requests that this Honorable Court enter an Order of Court directing Respondent to return the parties' minor child, Brandon J. Rabenstein, to the Commonwealth of Pennsylvania and further granting Petitioner primary physical custody and sole legal custody of the parties' minor child pending a custody conciliation between the parties. Date: November 27, 2001 Respectfully submitted, IRWIN, MeKNIGHT & HUGHES By: Do~'~las ~. l~lill~r, Esqmre - Supreme 1Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner, Edward L. Rabenstein, II VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. EDW~4RD L. RABENSTEIN, H Date: November 26 ,2001 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail, Restricted Delivery, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Michelle R. Rabenstein 46 McDonald Street NW Concord, NC 28027 IRWIN, McKNIGHT & HUGHES Date: November 27, 2001 By: Dou~as ~ l~llei-, Esquire - Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner, Edward L. Rabenstein, II EDWARD L. RABENSTEIN, II, Plaintiff/Petitioner, MICHELLE R. RABENSTEIN, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 200i- aC, CIWU TEZM IN DIVORCE / CUSTODY PETITION FOR SPECIAL REIJ~,F AND NOW, this t~_lf~'day of November, 2001, comes the Petitioner, Edward L. Rabenstein, II, by and through his attorneys, Irwin, McKnight & Hughes, Esquires, and files this Petition for Special Relief making the following statements: 1. The Petitioner is Edward L. Rabenstein, II, an adult individual residing at 20 Regency Woods South, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Michclle R. Rabenstein, an adult individual currently residing at 46 McDonald Street NW, Concord, North Carolina 28027. 3. The Petitioner and the Respondent were married on July 2, 1994 in Silver Spring Township, Meehaniesburg, Pennsylvania, and Petitioner has filed a divorce and custody action contemporaneous with and under the same docket number as this action with the Court of Common Pleas of Cumberland County, Pennsylvania. 4. The parties are the natural parents of one minor child, namely, Brandon J. Rabenstein, born August 10, 1995, age 6 years. 5. Upon information and belief, the parties' minor child is presently in the custody of Respondent in North Carolina. 6. Prior to October 29, 2001, the parties' minor child resided with Petitioner at his home located at 20 Regency Woods South, Carlisle, Cumberland County, Pennsylvania 17013, even during Respondent's separation from Petitioner during October 2001. 7. On or about October 26, 2001, Respondent informed Petitioner that she desired to reconcile their differences and moved back into the residence with Petitioner and their minor child. 8. On October 29, 2001, Petitioner returned home and discovered that Respondent had removed her belongings and the belongings of their minor child from the residence. 9. Respondent had not informed Petitioner that she was moving, nor that she was taking the parties minor child, nor the location to which she was intending to relocate. 10. It was only until several days later that Respondent contacted Petitioner by telephone and informed him that she and their minor child were living in North Carolina. 1 I. Prior to Respondent's unannounced removal of the child to North Carolina on October 29, 2001, the child attended Silver Spring Elementary School in Cumberland County, Pennsylvania. 12. Most of the child's extended family also reside in Pennsylvania, and tO the best of Petitioner's information and belief, no member of the extended family resides in North Carolina. 13. The child's friends and playmates also reside in Cumberland County, Pennsylvania. 14. Since the child's birth, he has resided primarily with Petitioner and has a close and loving bond with Petitioner. 15. Respondent, by her actions, has prevented any contact by Petitioner with the child except by telephone since October 29, 2001. 16. Petitioner desires primary physical custody and sole legal custody of the parties' minor child. 17. The removal of the child by Respondent to North Carolina is not in the best interest or welfare of the parties' minor child. 18. Respondent's removal of the minor child to North Carolina has severely disrupted the day-to-day life of the child, and had irreparably harmed Petitioner. 19. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other location. 20. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 21. The best interests and permanent welfare of the child require that the Court grant the Petitioner's requests as set forth above. WHEREFORE, the Petitioner, Edward L. Rabenstein, II, respectfully requests that this Honorable Court enter an Order of Court directing Respondent to return the parties' minor child, Brandon J. Rabenstein, to the Commonwealth of Pennsylvania and further granting Petitioner primary physical custody and sole legal custody of the parties' minor child pending a custody conciliation between the parties. Date: November 27, 2001 Respectfully submitted, IRWIN, Mci(NIGHT & HUGHES By: ouglas ~. ~lill~r, Es'quire - Supremelgourt I.D. No. 83776 West Pomfi'et Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner, Edward L. Rabenstein, II VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. EDWARD L R/IBENSTEIN, H Date: lqovember 26 ,2001 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail, Restricted Delivery, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Michelle R. Rabenstein 46 McDonald Street N-W Concord, NC 28027 IRWIN, McKNIGHT & HUGHES Date: November 27, 2001 Douglas ~ ]~lilie~, Esqliire- Supreme Court I.D, No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner, Edward L. Rabenstein, II EDWARD L. RABENSTEIN, II PLAINTIFF V. MICHELLE R. RABENSTEIN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-6647 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Wednesday, December 05, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4thFIoor, Cumbarland County Courthouse, Carlisle on Tuesday, January08,2002 at 1:30 PM 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/ ]acqueline M. Verney. Esq. ~qfl/k Custody Conciliator 0' 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 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 ¥INYAqASN~d LAW OFFICE EDWARD J. M]EINTRAUB 2650 NORTH THIRD STREET HARRISBURG, PENN$~'Lv,,~hq 17110 {717) Z38.Z200 FAX (717) EDWARD L. RABENSTEIN, II, * Plaintiff * vs. * NO. 2001-6647 MICHELLE R. RABENSTEIN, * CIVIL ACTION - LAW Defendant * IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Jennifer L. Frechette, Esquire, on behalf of Defendant. Dated:l~/~ ~') Jell~ 2651 Hah North Third Street sburg, PA 17110 238-2200 ID #87445 ATTORNEY FOR DEFENDANT EDWARD L. RABENSTEIN, II, ptaintiff MIcHELLE R. RABENSTEIN, Defendant IN THE cOURT OF COMMON pLEAS cuMBERLAND cOUNTY, pENNSYLVANIA NO. 2001-664'/ CIVIL ACTION - LAW IN DivoRCE ORDER 2001, upon day of ~' AND NOW, this ____-- consideration of the within Answer to plaintiff's Petition for Special Relief, it is ORDERED that plaintiff's Petition is DENTED pending a Custody Conciliation Conference between the parties. BY THE CouRT: EDWARD L. RABENSTEIN, II, plaintiff * iN TIlE coURT OF COMMON pLEAS , CUMBERLAND COUNTY, . pENNSYLVANIA * * NO. 2001-6647 VS. * * CIVIL ACTION - LAW MICHELLE R. RABENSTEIN, * iN DIVORCE Defendant · F T N ' 'TI F AND NOW, this 1 2th day of December, 2001, Defendant/Respondent' Michelte R. Rabenstein, by and through her attorneys, Edward J. Weintraub and Associates, flies this Answer to plaintiff's Petition for Special Relief and avers as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted in part and denied in part. it is admitted that Petitioner and Respondent were married July 2, 1994 in Silver Spring Township, Mechanicsburg, Pennsylvania. After reasonable investigation, Respondent is without information sufficient to form a belief as to the truth of the remaining averments of paragraph three (3) and the averments are therefore denied. 4. Admitted. 5. Admitted. 6. Denied. it is denied that prior to October 29, 2001, the parties' minor child resided with Petitioner at his home located at 20 Regency Woods South, Carlisle, Cumberland County, Pennsylvania, and strict proof thereof is demanded at the time of trial. By way of further response, the minor child lived exclusively with from Respondent at her home on 3 West Main Street, New Kingston, Pennsylvania, 1999 through February of 2001. Petitioner, Respondent and their minor child lived together from February of 2001 through October of 2001 at the 20 Regency Woods South, Carlisle, Pennsylvania address. It is denied that the parties' minor child resided with Petitioner during Respondent's separation from Petitioner during October 2001, and strict proof thereof is demanded at the time of trial. 7. Denied. it is denied that on or about October 26, 2001 Respondent informed Petitioner that she desired to reconcile their differences and that Respondent moved back into the residence with Petitioner and minor child, and strict proof thereof is demanded at the trial. 8. Denied. it is denied that on October 29, 2001 Respondent had moved her belongings and the belongings of the minor child from the residence. By way of further response, Petitioner and Respondent moved from the 20 Regency Woods South address on or about October 5, 2001. After reasonable investigation, Respondent is without sufficient information to form a belief as to the truth of the remaining averments and the averments are therefore denied. 9. Denied. it is denied that Respondent had not informed Petitioner that she was moving or that she was taking the parties' minor child with her. it is further denied that Petitioner was not aware of a location to which Respondent was moving with the parties' minor child, and strict proof thereof is demanded at the time trial. 10. Denied. it is denied that only until several days later Respondent contacted Petitioner by telephone and informed him that she and their minor chitd were · . ' a. By way of further response, Respondent attempted several living ~n North Carohn . , --:~, ~ d had arrived in North times to contact Petitioner when she and the parties m,,,,,- ~hil ' Carolina, however, Petitioner's phone was disconnected. It is believed that Petitioner's phone has now been reconnected, but that Petitioner does not have any long-distance service. Moreover, Petitioner only carts Respondent and the parties' child once every two (2) weeks. 11. Admitted in part and denied in part. it is admitted that the parties' minor child attended Silver Spring Elementary School in Cumberland County Pennsylvania- it is admitted that Respondent's relocation to North Carolina occurred on October 29, 2001, however, it is denied that Respondent's relocation was unannounced. 12.. Admitted. 13. Admitted in part and denied in part. ~t is admitted that the minor child did have some friends and playmates also that resided in Cumberland County Pennsylvania, however, it is denied that these are the only friends and playmates of the minor child. By way of further response, the minor child has developed several friendships with children his own age in his school in North Carolina. 14. Denied. It is denied that since the child's birth he has resided primarily with Petitioner- By way of further response, see Respondent's answer to paragraph six (6) above. 15. Denied. It is denied that Respondent prevented any contact by Petitioner with the child except of telephone since October 29, 2001. By way of further response, Respondent made attempts on severa~ occasions to arrange for Petitioner to see the child, including over the Thanksgiving holiday. Respondent offered to meet Petitioner at a half-way point between pennsylvania and North Carolina, to exchange custody of the minor child, but Petitioner refused to meet Respondent. 16. Admitted upon information and belief. 17. Denied. The averments of paragraph seventeen (17) require a legal conclusion to which no response is required and the averments are therefore denied. 18. Denied. It is denied that the child's relocation to North Carolina has severely disrupted the day-to-day life of the minor child. By way of further response, since the child has moved to North Carolina, the child has been enrolled in school there, and has been doing exceedingly well. In addition, Respondent has taken steps to see that the minor child has been treated for his diagnosed AD/HD, which includes the administration of medication, and regular therapy sessions with a counselor. Petitioner refused to allow such therapy sessions or medication while the parties resided together from February 2001 through October 2001. 19. Admitted. 20. Admitted. 21. Denied. The averments of paragraph twenty-one (21) require a legal conclusion to which no response is required and the averments are therefore denied. WHEREFORE, Respondent, Michelle R. Rabenstein respectfully requests that this Honorable Court Deny Petitioner's Request for Special Relief pending a Custody Conciliation between the parties, ~~ Resp Date: ~ '~~/ ~Yenn~uire 2650 Harrisburg, PA 17110 Attorney Id, //87445 (7171 238-2200 ATTORNEY FOR DEFENDANT VERIFICATION I, Michelle R. Rabenstein, hereby swear and affirm that the facts contained in the foregoing Answer to plaintiff's Petition for Special Relief are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Oate:_/'), -/2 -__O L_ R. Rabenstein, Defendant EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE R. RABENSTEIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~ CIVIL TERM IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Douglas G. Miller, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce and Custody as well as a certified copy of the Petition for Special Relief were served upon the defendant, Michelle R. Rabenstein, on December 1, 2001, by certified, restricted delivery mail, addressed to her at 46 McDonald Street Northwest, Concord, North Carolina 28027, with Return Receipt Number 7099 3400 0018 4997 2916. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. D"o/U~LAS 6.hI LER, EgQUIRE Attorney for Plaintiff Date: December l~ ,2001 ru DTV. & COST Postage Certified Fee Return Receipt Fee (Endorsement Required) ~estricted Deliver~ wee" ~.~dorsement Requiredl~ Total Postage & Fees COMPL. & PET. FOR Postmark Here [ Recipient's Name (Please Pdnt Clearly) (to be completed by mailer) 13- [ Street, ~'t; ~l'~.-;'~'r'~'~'~;'~l~: .......................................................... r-~ / city, ~t'a't'~'~/F~' ......................................................................... · 'Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and addreS-~°n the reverse so that we can return the Ca~l to you. · Attach this card to the back pf the mailplece, or on the front if space perrni,ts. 1. Article Addressed to: I4/C'R;3J.; R RA~TEXN 46McDONALD ST I~ CONCOPJ) NC 28027~ 2. Article Number (Copy fiu~. Service label) PS Fo~m 3811, JuN t999 A. Received by ~°lease Prfnt / address different fl If YES, enter delivery address below: ~ No . ' Sen/ice Type I~ Certified Mail [] Express Mail [] Registered · Return Receipt for Merchandlee [] Insured Mail [] C.O.D. RestFicted Deliveny? (Extra Fee~"~ J~J Ye~ Dom~a~c F~ Fleceipt 1025~5-00-M-09~2 EDWARD L. RABENSTEIN, II,: Plaintiff/Petitioner : V. : MICHELLE R. RABENSTEIN, : Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6647 CIVIL TERM and this Judge will expedite a hearin9 AND NOW, this 13th day of December, 2001, this matter having come before the court on a petition by Edward L. Rabenstein, II, father, for special relief, and the mother, Michelle R. Rabenstein, having appeared, IT IS ORDERED: 1. Temporary physical custody of Brandon J. Rabenstein, born August 10, 1995, shall be with the mother pending a further order following a conciliation conference. 2. The mother shall be responsible to have Brandon delivered to his father on Saturday, December 22, 2001, and for Brandon's return to North Carolina on Sunday, December 30, 2001. 3. If the parties are unable to reach an agreement at the conciliation conference now scheduled for January 8, 2002, the conciliator is to expedite a further temporary order for this Judge to sign, on the merits. Edgar B~ %ayley, J. Douglas G. Miller, Esquire For Plaintiff/Petitioner Jennifer L. Frechette, Esquire For Defendant/Respondent Sheriff prs EDWARD L. RABENSTEIN, II, Plaintiff VS. MICHELLE R. RABENSTEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6647 CIVIL ACTION - LAW IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ~ SS. COUNTY OF DAUPHIN : AND NOW, this 13th day of December, 2001 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and Couniy, Jennifer L. Frechette, Esquire, who being duly sworn according to law, deposes and says that on December 13, 2001, she hand delivered a certified copy of Defendant's Response to Plaintiff's Petition for Special Relief to Douglas Miller, Esquire, Attorney for Edward Rabenstein, II. I verify that the statements made in this affidavit are true,and correct. I understand that false statements herein made are subject to the penalties of 18/'~3~ ~Pa' C.S. Section )90~sworn falsification to authorities. /~~ JennfferlL. Frechette, Esquire Sworn to and_subscribed before me on this JL2~_Xday of ~ ~'~0 ~ 2001. ~l'o~ar~ Public ~ ' Notarial Seal Misty D. Lehman, N.o~ Public Harrisburg, Dauphin County My Commission Expires Aug. 2, 2004 EDWARD L. RABENSTEIN, II, Plaintiff V. MICHELLE R. RABENSTEIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-6647 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this ~ dayof ~~ ,r ,2002, upon consideration of the attached Custody Conciliation Repo~, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 2 , of the Cumberland _County Co,urt House, on the 3~ day of ~' ,2002, at ~': q,~ o clock, /~. M., at which time testimony will be takeh. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Edward L. Rabenstein, II, and the Mother, Michelle R. Rabenstein shall have shared legal custody of Brandon J. Rabenstein, born August 10, 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 child's general well-being including, but not limited to, all decisions regarding his health, education and religion. child. Pending a hearing, Mother shall have primary physical custody of the 5. Pending a hearing, Father shall have the following period of partial physical custody of the child: Saturday, February 16, 2002 at or before 4:00 p.m. until Monday February 18, 2002 at 10:00 a.m. 6. Mother shall be responsible for transportation of the child. 7. Father shall have liberal telephone contact with the child. 8. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY T~, Edgar B. Bayley, ~ cc: Douglas G. Miller, Esquire, counsel for Father Jennifer Frechette, Esquire, counsel for Mother ,~ ~ EDWARD L. RABENSTEIN, II, Plaintiff V. MICHELLE R. RABENSTEIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2001-6647 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY 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 CUSTODY OF Brandon J. Rabenstein August 10, 1995 Mother 2. A Conciliation Conference was held January 30, 2002 with the following individuals in attendance: The Father, Edward L. Rabenstein, with his counsel, Douglas G. Miller, Esquire; Mother, Michelle R. Rabenstein, was present by telephone; her counsel, Jennifer Frechette, Esquire was present at the conference. 3. The Honorable Edgar B. Bayley previously entered an Order on December 13,2001 granting Father physical custody of the child over the Christmas holiday. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father maintains that Mother moved to North Carolina on October 29, 2001, removing him from his school, without notice to Father with the intent to deny Father access to the child. He has a close relationship with the child, has been active in all facets of the child's care and nurturing. He believes Mother moved to North Carolina to be with her boyfriend. Father denies that he refused to consider medication for the child's ADHD. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody. Mother maintains that she moved to North Carolina for a better job. She is living with her boyfriend, but the location is close to the child's school so that she walks him to school everyday. He is in full day kindergarten presently. Mother suggests that Father was opposed to the child's ADHD medication. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting Father physical custody of the child from February 16-18, 2002. It is expected that the Hearing will require one half day. Date v----~-- ' · y, Esquire Custody Conciliator EDWARD L. RABENSTEIN, II, Plaintiff VS. MICHELLE R. RABENSTEIN, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * NO. 2001-6647 * CIVIL ACTION - LAW * IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Wendy L. Shive, Legal Assistant to Jennifer L. Frechette, Esquire, hereby certify that on Februat~ 7, 2002, I served a tree and correct copy of the Petition to Withdraw as Counsel and Rule to Show Cause upon Michelle R. Rabenstein, Defendant, by depositing same, postage pre-paid, via regular main and Certified Mail, Return Receipt Requested in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Michelle Rabenstein 46 McDonald Street NW Concord, NC 28027 Date: Wendy~/Shive EDWARD L. RABENSTEIN,II, Plaintiff MICHELLE R. RABENSTEIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. 01- 6647 CIVIL TERM PRAECIPE TO WITItDRAW APPEARANCE AND NOW, this (.0 day of March 2002, Jennifer Frechette, Esquire withdraws her appearance on behalf of the Defendant, Michelle R. Rabenstein. Re~i~ec~tfully s}~bmitt,ed~ March (0,2002 Je.nr~f~ ~rec'fiette, Esquire EdvCard Weintraub & Associates 2650 NoFth 3~a Street Harrisburg, PA 17110 717/238-2200 PRAECIPE TO ENTER APPEARANCE AND NOW, this day of March, 2002, the Family Law Clinic, hereby enters its appearance on behalf of the Defendant, Michelle R. Rabenstein. ' arol Ver[ h - x.~ ~ v Certified Eegal Intern THOMAS M. PLACE TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 No~th Pitt Street Carlisle, PA 17013 717/243-2968 RECEIVED EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :IN CUSTODY :NO. 01-6647 CIVIL TERM CERTIFICATE OF SERVICE I, Carol Verish, hereby certify that I am serving a mae and correct copy of Defendant's Pre-Hearing Custody Memorandum of Defendant Michelle Rabenstein on the following person, counsel for Plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this 22nd day of March 2002: Douglas Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 ~_~arol Verish/ 'CCertified LegaPlntem FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 EDWARD L. RABENSTEIN, II, . IN THE COURT OF COMMON PLEAS OF PLAINTIFF · CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. RABENSTEIN, DEFENDANT : 01-6647 CIVIL TERM AND NOW, this ~~_~day of April, 2002, this custody case having been called for a hearing, and the parties having reached an interim agreement, IT IS ORDERED: (1) Edward L. Rabenstein, II, and Michelle R. Rabenstein, shall have joint legal custody of Brandon J. Rabenstein, born August 10, 1995. (2) Brandon shall complete the current school year in North Carolina where he is now living with his mother. (3) The parents shall split Brandon's time between them during each summer school vacation period. (4) Starting in the 2002-2003 school year, Brandon shall live with his father in Pennsylvania. The parents shall arrange for the mother to have periods of temporary physical custody during each school year. Edga~ B. Bayley,~ Douglas G. Miller, Esquire For Plaintiff Carol Verish, Esquire Family Law Clinic For Defendant :saa EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :IN DWORCE :NO. 01-6647 CIVIL TERM AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on November 27, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and n/neW days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ~e~ll~VR~befi~t~i~ Defendant EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION-LAW :IN DIVORCE : :NO. 01-6647 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. I consent to the enlxy of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ff, l~fie~l~ Rfi~enste(n, Def~fida~t ' EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :IN CUSTODY :NO. 01-6647 CIVIL TERM CERTIFICATE OF SERVICE I, Carol Verish, hereby certify that I am serving a tree and correct copy of Defendant's Affidavit of Consent and Waiver of Notice on the following person, counsel for Plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this 4t~ day of April 2002: Douglas Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 ( C ol y sh -- '-Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :IN CUSTODY : :NO. 01-6647 CIVIL TERM CUSTODY AGREEMENT TillS AGREEMENT, made this day of ,2002, between Michelle Rabenstein, hereinafter mother, and Edward Rabenstein, II, hereinafter father, concerns the custody of their child: Brandon J. Rabenstein, bom August 10, 1995. Mother and father desire to enter into an agreement as to the custody of the child. Mother and father agree to the following: 1. The mother and father shall share legal custody of the child. 2. Parents shall share physical custody of the child in the following manner: a. Mother shall have primary physical custody of the child from the date of this Agreement until Sunday, June 1, 2002. b. Father shall have primary physical custody from June 2, 2002 through July 7, 2002. c. Mother shall have primary physical custody of the child from Saturday, July 7, 2002 until Saturday, August 18, 2002. d. Father shall have primary physical custody of the child during the school year. e. Mother shall have periods of partial physical custody according to the following school schedule: Mother shall have physical custody of the child for all scheduled school vacations in which child has at least three consecutive days of vacation, to include weekends. To alleviate any burdens on Father, Mother's custody of the child shall be every other three day weekend holiday. The childwill be exchanged on the evening of the child's R.ECEIVED SEP 5 21]1)2 last day of school and the evening before school is scheduled to resume. These periods of vacation include, but are not limited to, Columbus Day Weekend, Veterans Day Weekend, Martin Luther King Day, President's Day Weekend, Spring or Easter Break, and Thanksgiving Break. f. Beginning with the summer of 2003, Mother shall have physical custody of the child beginning the first weekend after the child's school year ends until the weekend two weeks before the next school year begins. Father may have physical custody of the child for one week during the summer, with one week advance notice to Mother. g. Unless otherwise agreed to by the parties, the child shall not be exchanged for Labor Day and Memorial Day weekends. h. Mother shall have custody of the child for Christmas vacation, beginning on the evening of the child's last day of school through the morning of December 31. Father shall have primary physical custody of the child from December 31 through the end of the child's Christmas vacation. i. Mother and Father shall share custody at other times, as mutually agreed to by the parties. The Father shall seek medical treatment for the child's medical condition of Attention Deficit Hyperactivity Disorder, upon the child's return to Pennsylvania, in order to continnethe aeLministrafion of medication on a consistent basis. Medical treatment shall also include any therapy needed by the child. Both parents shall administer the child's medication as prescribed by the child's physician, during his or her period of custody. The mother and father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. The parties agree to split transportation of the child for custodial exchanges. Unless otherwise agreed to by both parties, parties will exchange the child in Fairville, 10. 11. 12. Virginia. The parties shall keep one another advised of their current address and telephone number. The father and the mother will notify each other of all medical care the child receives while in that parent's care. The father and the mother will notify the other immediately of medical emergencies which arise while the child is in that parent's care. The mother and father shall keep one another informed of the child's progress in school through the mailing of progress reports, report cards, and any additional school materials. The parties shall keep one another informed of the child's social and extracurricular activities. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. Edward Rabenstein Dou"~las ~ Mill~r;'Estluire ' Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 (717) 249- 2353 Megalf Iglalone Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :IN CUSTODY : :NO. 01-6647 CIVIL TERM CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intern, do hereby certify that I served a true and correct copy of the Custody Agreement on Douglas Miller, Esq of Irwin, McKnight & Hughes located at 60 West Pomfret Street, Carlisle, PA 17013 by depositing a copy of the same in the United States Mail, first class, postage prepaid, on this 11th day of September, 2002. Megan ~Ialone' Certifie~l Legal Intern EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION-LAW :IN CUSTODY : :NO. 01-6647 CIVIL TERM ORDER And now, this ~,~____~y of ,~>.002, the custody arrangements of the attached Custody Agreement are entered as an Order of Court, vacating the Interim Custody Order of April 3, 2002. (~ Z~/ Edgar~ J. EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE R. RABENSTEIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001 -~ CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT_ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 27, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: EDWARD L. RABENSTEIN, II Plaintiff EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE R. RABENSTEIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 ~6667 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: EDWARD L. RABENSTEIN, II Plaintiff EDWARD L. RABENSTEIN, II, Plaintiff Vo MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION-LAW :IN CUSTODY : :NO. 01-6647 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Michelle Rabenstein, by her attorneys, the Family Law Clinic, respectfully represents that on September 13, 2002, an Order of Court was entered for custody of Brandon J. Rabenstein, bom August 10,1995, a tree and correct copy of which is attached as Exhibit A. 2. This Order should be modified because: a. Mother no longer resides in North Carolina and currently resides in Middletown, Pennsylvania. b. The parties have not followed the September 13, 2002 Order for some time, and Mother would like to establish an appropriate visitation schedule now that she is living in Pennsylvania. c. In the past, Father has withheld custody of the child during the Mother's custodial periods. d. In the past, Father has denied Mother reasonable telephone contact with the child. e. Mother would like increased periods of partial custody of her child because she believes that a stronger bond between mother and child would benefit the child. WHEREFORE, Petitioner asks that the Court modify flae existing Order for Custody to allow Mother additional periods of partial custody, because it will be in the best interest of the child. Date: Heather F!ine Certified Legal Intern Rober~tJ. P~ins ThomaS' M. Place Lucy John[ston-Walsh Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P'A 17013 (717) 243--2968 VERIFICATION I verify that the statements made in this petition are tree and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: M~chelle Rabenstein EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION-LAW :IN CUSTODY : :NO. 01-6647 CIVIL TERM ORDER Exhibit ,, A And now, this ~ day o~~., 2002, the custody mTangements of the attached Custody Agreement are entered as an Order of Court, vacating the Interim Custody Order of April 3, 2002. Edgar B. l~yI~y, -- REC£!VEO 8EP ~ 7 2!1~2 TRUE COPY FRmM RECORD In Testimony whereof, I h.r.: u:~D ~.:t my hand and tff~ seal of said~ourt ~ Carlisle, Pa. '[hi J2.a :~p~..., O~ EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :IN CUSTODY :NO. 01-6647 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this day of ,2002, between Michelle Rabenstein, hereinafter mother, and Edward Rabenstein, II, hereinafter father, concerns the custody of their child: Brandon J. Rabenstein, bom August 10, 1995. Mother and father desire to enter into an agreement as to the custody of the child. MOther and father agree to the following: 1. The mother and father shall share legal custody of the child. 2. Parents shall share physical custody of the child in the following manner: a. Mother shall have primary physical custody of the child from the date of this Agreement until Sunday, June 1, 2002,. Father shall have primary physical custody from June 2, 2002 through July 7, 2002. Mother shall have primary physical custody of the child from Saturday, July 7, 2002 until Saturday, August 18, 2002. Father shall ha~;e primary physical custody of the child during the school year. Mother shall have periods of partial physical custody according to the following school schedule: Mother shall have physical custody of the child for all scheduled school vacations in which child has at least three consecutive days of vacation, to include weekends. To alleviate any burdens on Father, Mother's custody of the child shall be every other three day weekend holiday. The child will be exchanged on the evening of the child's R.ECEIVEI3 SEP 5 2 102 last day of school and the evening before school is scheduled to resume. These periods of vacation include, but are not limited to, Columbus Day Weekend, Veterans Day Weekend, Martin Luther King Day, President's Day Weekend, Spring or Easter Break, and Thanksgiving Break. f. Beginning with the summer of 2003, Mother shall have physical custody of the child beginning the first weekend after the child's school year ends until the weekend two weeks before the nex~t school year begins. Father may have physical custody of the child for one week during the summer, with one week advance notice to Mother. g. Unless otherwise agreed to by the parties, the child shall not be exchanged for Labor Day and Memorial Day weekends. h. Mother shall have custody of the child for Christmas vacation, beginning on the evening of the child's last day of school through the morning of December 31. Father shall have primary physical custody of the child from December 31 through the end of the child's Christmas vacation. i. Mother and Father shall share custody at other times, as mutually agreed to by the parties. The Father shall seek medical treatment for the child's medical condition of Attention Deficit Hyperactivity Disorder, upon. the child's return to Pennsylvania, in order to contim,..e.the administration of medication on a consistent basi~. Medical treatment shall also include any therapy needed by the child. Both parents shall administer the child's medication as prescribed by the child's physician, during his or her period of custody. The mother and father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. The parties agree to split transportation of the ~:hild for custodial exchanges. Unless otherwise agreed to by both parties, parties will exchange the child in Fairville, o ° 10. 11. 12. Virginia. The parties shall keep one another advised of their current address and telephone number. The father and the mother will notify each other of all medical care the child receives while in that parent's care. The father mid the mother will notify the other immediately of medical emergencies which arise while the child is in that parent's The mother and father shall keep one anothe, r informed of the child's progress in school through the mailing of progress reports, report cards, and any additional school materials. The parties shall keep one another informed of the child's social and extracurricular activities. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. Edward Rabenstein Dou'~as (~ Mill~rfEsquire - Irwin, MciKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 (717)249-2353 M~ichefl,~-i(abenste~n~ Mega~Igialone Ce~fied Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 2,1.3-2968 EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE RABENSTE1N, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION-LAW :IN CUSTODY : :NO. 01-6647 CWIL TERM CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intern, do hereby certify that I served a true and correct copy of the Custody Agreement on Douglas Miller, Esq of IrMn, McKnight & Hughes located at 60 West Pomfret Street, Carlisle, PA 17013 by depositing a copy of the same in the United States Mail, first class, postage prepaid, on this 11t~ day of September, 2002. Date: ,.. / EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :IN CUSTODY :NO. 01-6647 CIVIL TERM CERTIFICATE OF SERVICE I, Heather Fine, Certified Legal Intern, do hereby certify' that I am serving a tree and correct copy of a Petition to Modify Custody Order on Douglas Miller, Esq. of Irwin, McKnight & Hughes located at 60 West Pomfret Street, Carlisle, PA 17013 by depositing a copy of the same in the United States Mail, first class, postage prepaid, on this . day of March, 2003. Heather Fine Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 EDWARD L. RABENSTEIN, II, Plaintiff Vo MICHELLE RABENSTEIN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION-LAW :IN CUSTODY : :NO. 01-6647 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Michelle Rabenstein, Defendant, to proceed in forma pauperis. I, Heather Fine, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: March 18, 2003 d~,~ Heather Fine Certified Legal Intern ~o~'x~t ~s ,.oms'~. ~[^cu LUCY JOHNSTON-WALSH Supervising Attorneys TIlE FAMILY LAW CLINIC 45; North Pitt Street Carlisle, PA 17013 (717) 243-2968 EDWARD L. RABENSTEIN, II, Plaintiff MICHELLE R. RABENSTEIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 ---66~- CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Michelle R. Rabenstein on December 1, 2001, by certified, restricted delivery mail, addressed to her at 46 McDonald Street Northwest, Concord, NOrth Carolina 28027. An Affidavit of Service was filed with the Prothonotary's Office on December 13, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff.' September 23, 2002; by defendant: April 3, 2002. (b)(1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Pmecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 24, 2002. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 4, 2002. Date: March 11, 2003 Douglas (~ ~_ill'e~, Es~lt~ire - Attorney f~r Plaintiff MARRIA GE SETTLEMENT A GREEMENT THIS AGREEMENT made this~}.~'day o f~~--x,, 2002, by and between MICHELLE R. RABENSTEIN, (hereinafter referred to as "WIFE") and EDWARD L. RABENSTEIN, II, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on July 2, 1994, and separated on or about October 29, 2001; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart fi-om each other. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. o Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: HUSBAND is represented by Douglas G. Miller, Esquire of Irwin, McKnight & Hughes; WIFE is represented by Lucy Johnston-Walsh, Esquire of the Dickinson Family Law Clinic; b. Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; d. Has given careful and mature thought to the making of this Agreement; e. Has carefully read each provision of this Agreement; and f. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. Se It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. Each party represents and wan'ants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. REAL ESTATE: HUSBAND and WIFE hereby certify that they currently do not own any real estate in joint names. WIFE hereby waives all right, title and interest which she may have in any real property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the real property of WIFE. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay support to WIFE and that WIFE will not provide any financial support to HUSBAND. The parties also waive any right they have to receive alimony payments from the other following the entry of the Divorce Decree in this matter. o PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may herea~er belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. In particular, WIFE shall assume all liability for and pay for and indemnify and hold harmless HUSBAND against the loan in favor of Household Auto Finance, as well as any and all other loans, fees, or obligations with regard to the 2001 Mitsubishi Mirage which has been repossessed from WIFE. WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 11. MARITAL DEBTS: It is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and hold HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and hold WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. APPLICABLE LAW: Commonwealth of Pennsylvania. 19. This Agreement shall be construed under the Laws of the 20. PRIOR AGREEMENTS: It is understood and agreed that settlement agreements which may or have been executed prior to the Agreement are null and void and of no effect. any and all property date and time of this 21. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereat~er acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: 'I~CI~ELLE R.~RABENSTEiN (SEAL) EDWARD L. RABENSTEIN, II STATE OF : : SS: COUNTY OF : PERSONALLY APPEARED BEFORE ME, this 2002, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, MICHELLE R. RABENSTEIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: PERSONALLY APPEARED BEFORE ME, this ~ day ' 2002, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, EDWARD L. RABENSTEIN, II, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seat Martha L. Noel, Notary Pubhc Carlisle BOLO, Cumr~:,~a¢~u County '::,ei:,>~ '~. 2003 Member, Penn~v~,,a~:~,~ Ass,'~::~az~or~ ot Notaries 11 iN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE Of EDWARD L. RABENSTEIN, II Plaintiff VERSUS MICHELLE R. RABENSTEIN, Defendant PENNA. AND NOW, DECREE iN DIVORCE 2001-6647 Civil Term ~__~__~ IT IS ORDERED AND DECREED That Edward L. Rabenstein, II , PLAINTIFF, AND Michelle L. Rabenstein , DEFENDANT, ARE DIVORCED FROM THE BONDS Of MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE been ralseD of rEcc~rD IN ThISaCTION for WhiCh a fiNalOrdEr has NOT YEtbEeN ENTERED; ~~ The Marriage Settlement Agreement dated September 24, 2002 and signed by the parties is hereby incorpo~it~~into t~ec._r~~Jmerged- ATTEST: _ · /~ J. ( - - ~ · ROTHONOTARY EDWARD L. RABENSTEIN, H PLAINTIFF MICHELLE RABENSTEIN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6647 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 09, 2003 at 2:30 PM 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 a~e 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/ ]acqueline M. Verney, 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 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 32 South Bedford Street Carlisle, Pennsylvania 170 l 3 Telephone (717) 249-3166 APR '11 2003 EDWARD L. RABENSTEIN, II, Plaintiff V. MICHELLE RABENSTEIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-6647 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~ [~ day of ~~'. ,2003, upon consideration of the attached Custody Conciliati6n Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 13, 2002 is hereby vacated. 2. The Father, Edward L. Rabenstein, II, and the Mother, Michelle Rabenstein, shall have shared legal custody of Brandon J. R.abenstein, born August 10, 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 Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. All decisions affecting the child's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation. Both parties shall have equal access to all medical and school records. This means that the Child's school and doctors shall release all records to both parents. Mother is also permitted to pick up the child from school for her designated custody periods. 3. Father shall have primary physical custody of the Child. 4. Mother shall have periods of partial physical custody as follows: A. Beginning April 11, 2003 and during the school year, alternating weekends from Friday at 5:00 p.m. to Stmday at 6:00 p.m. Mother's weekends shall be extended to Monday at 6:00 p.m. when the child has a Monday holiday from school. B. During the school year, every Wednesday from 3:30 p.m. to 7:30 p.m. Mother may pick up the child at school. ]Mother shall call Father every Monday and confirm that she will exercise this period of partial custody. C. Every weekend from Friday at 5:00 p.m. 'to Sunday at 6:00 p.m. when Father has Guard Duty. However Mother shall provide a makeup weekend for Father if his Guard weekend does not coincide with Mother's regular weekend, D. Once summer vacation begins for the child, Mother shall have five (5) consecutive weeks beginning the first Friday after school ends. During this time, Father shall have alternating weekends at times agreed by the parties. If times cannot be agreed upon, the times shall be Friday at 5:00 p.m. to Sunday at 6:00 p.m. E. For the remainder of the summer, Mother's partial physical custody shall revert to alternating weekends as atbresaid and every Wednesday as aforesaid. F. Such other times as the parties agree. o Holidays: A. Thanksgiving shall be alternated with Father having the child in odd numbered years, and Mother having the child in even numbered years, from 9:00 a.m. to 6:00 p.m. B. Christmas shall be in two Blocks. Block A shall be from December 23 at 9:00 p.m. to December 24 at 9:00 p.m. Block B shall be from Christmas Eve at 9:00 p.m. to Christmas Day at 9:00 p.m. Mother shall have Block A in odd numbered years and Block B in even numbered years, Father shall have Block A in even numbered years and Block B in odd numbered years. C. Easter shall be alternated from year to year with Father having odd numbered years and Mother having even numbered years, from 9:00 a.m. to 6:00 p.m. The non-custodial parent shall have the child on the Saturday before Easter from 9:00 a.m. to 6:00 p.m. D. Memorial Day, July 4th and Labor Day shall be alternated by the parties with Mother having Memorial Day, 2003, from 9:00 a.m. to 6:00 p.m. E. Mother shall have the child on Mother's Day from 9:00 a.m. to 6:00 p.m.; Father shall have the child of Father"s Day from 9:00 a.m. to 6:00 p.m. F. Each party shall have several hours with the child on the child's birthday. 6. In the event that either party is in need of babysitting services for longer than four hours during his/her period of custody, the custodial parent shall contact the other parent within a reasonable time so that the other parent may accept the opportunity to provide care for the child before arranging for a third party to baby sit. 7. Unless otherwise specified in another provision of this Order or the parties otherwise agree, custodial exchanges shall take place at Denny's on the Carlisle Pike. While other parties may be present during exchanges, only Mother, Father and Child shall get out of the cars. 8. Both parties shall have liberal telephone contact with the Child., 9. Neither party will do or permit any third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the child as to the parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 10. Neither party shall remove the Child from Pennsylvania without prior notice to the other with a location and telephone number where the Child may be reached. 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 C RT, j/~/ Edgar B. Bayley, ~ 1 cc.~t~ather Fine, certified legal intern, for Mother Lucy Johnston-Walsh, Esquire Family Law Clinic bfl~ouglas Miller, Esquire, for Father EDWARD L. RABENSTEIN, II, Plaintiff V. MICHELLE RABENSTEIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-6647 CIVIL TERM : : CIVIL ACTION - ]LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 conceming the Child who is the subject of this litigation is as follows: NAME Brandon J. Rabenstein DATE OF BIRTH August 10, 1995 CURRENTLY IN CUSTODY OF Father 2. A Conciliation Conference was held in this matter on April 9, 2003, with the following individuals in attendance: The Mother, Michelle Rabenstein, with her counsel, Heather Fine, certified legal intern, and Lucy Johnston Walsh, Esquire of the Family Law Clinic and Father, Edward L. Rabenstein, II, with his counsel, Douglas Miller, Esquire. 3. A stipulated Order of Court was entered by the Honorable Edgar B. Bayley dated September 13, 2002 providing for shared legal custody, Father having primary physical custody and Mother having partial physical custody in the summer. 4. The parties agreed to an Order in the form as attached. Date ~acq~eiine M. ~/emey, Esquire Custody Conciliator