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Home My WebLink About09-4273Thomas H. Femengel, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. yd -3 No. 09 - CIVIL TERM Rhonda Fernengel, : Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Thomas H. Fernengel, residing at 221 Southside Dr, Newville, Cumberland County, Pennsylvania. 2. The defendant is Rhonda Fernengel, residing at 213 Pike Court, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Sequoia D. Fernengel 213 Pike Court 09/13/1998 Shippensburg, Pa 17257 The child was not born out of wedlock 4. Age 10 The child is presently in the custody of Rhonda Fernengel who resides at 213 Pike Court, Shippensburg, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Rhonda Fernengel 50 Shortlane Drive 09/1998-08/2008 Shaun Moyer Shippensburg, PA 17257 Rhonda Fernengel 213 Pike Court 08/2008-present Shaun Moyer Shippensburg, PA 17257 The mother of the children is residing at 213 Pike Court, Shippensburg, Cumberland County, Pennsylvania . She is not married. The father of the children is Thomas H. Fernengel, currently residing at 221 Southside Drive, Newville, Cumberland County, Pennsylvania 5. He is not married. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons. Name Melanie Mixell Melvin and Darlene Mixell 6. Relationship Fiance Parents of Melanie Mixell The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Shaun Moyer 7 Relationship Boyfriend Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: While in the care of the mother, child has been exposed to molestation. See Exibit 1. Plaintiff is best able to provide the care and nurture which the children need for healthy development. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, Date: '17 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Thomas H. Fernengel, Plain ' f oft VAL Magisterial District Judge 09-3-01 DOCKET COMMONWEALTH OF PENNSYLVANIA V. MOYER, SHAWN MICHAEL Judge Assigned: BENDER, HAROLD E OTN: K 778140-6 Arresting Agency: CARLISLE PSP Arresting Officer: JOHNSTON, MATTHEW D Complaint/incident # H021843876 County: CUMBERLAND Township: SOUTH HAMPTON TWP Name: MOYER, SHAWN MICHAEL Date Of Birth: 10/21/1972 CASE INFORMATION Issue Date: File Date: Case Disp: Disp Date: Requested: Judgment: Case Status: DEFENDANT INFORMATION Address: Sex: Race: CHARGES Docket Number: CR-0000235-09 Criminal Docket 06/19/2009 $0.00 $0.00 Active SHIPPENSBURG, PA 17257 Male White Page 1 of 1 # Charge Grade Description Disposition 1 18 § 3126 §§ A7 INDECENT ASSAULT 2 18 § 3126 §§ Al M2 INDECENT ASSAULT 3 18 § 6301 §§ Al M1 CORRUPTION OF MINORS CASE ACCOUNTING Total Due: $0.00 Total Adj: $0.00 Total Paid: $0.00 Balance: $0.00 AFFIANT INFORMATION Name: JOHNSTON, MATTHEW D --- Printed: 06/24/2009 9:58 am Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 et seq.) may be subjectto civil liability asset forth in 18 Pa.C.S. Section 9183. 2GI,9 JUNI 2 4 Fi 1; 19' THOMAS H. FERNENGEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RHONDAFERNENGEL DEFENDANT 2009-4273 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, June 26, 2009 , 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 Tuesday, July 21, 2009 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. 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/ ac ueline M. Verne 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 infonnation 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 17013 Telephone (717) 249-3166 FIL 4)FFI ;E OF THE P;R71R NOTAP.Y 2009 JUN 26 PM 3: 3U a JUL 2 7 ?089 THOMAS H. FERNENGEL, Plaintiff V. RHONDA FERNENGEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-4273 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this -Z_?t_ day of 2009 u on consideration of the attached Custody Conciliation Repo is ordered and directed as follows: 1. The Father, Thomas H. Fernengel and the Mother, Rhonda Fernengel, shall have shared legal custody of Sequoia D. Fernengel, born September 13, 1998. 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 her health, education and religion. Pursuant to the terms of 23 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: A. During the summer only, alternating weekends, the first weekend from Friday at 11:00 a.m. to Sunday at 6:00 p.m. and the next weekend from Friday at 11:00 a.m. to Tuesday at 11:00 a.m. and alternating thereafter. B. Such other times as the parties agree. 4. The child shall have absolutely no contact with Shaun Moyer. 5. 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. Another Custody Conciliation Conference is scheduled for August 17, 2009 at 10:30 a.m. c?c,Karl E. Rominger, Esquire, Counsel for Father >a,16"Adams, Esquire, Counsel for Mother 4 THOMAS H. FERNENGEL, Plaintiff V. RHONDA FERNENGEL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4273 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 CUSTODY OF Sequoia D. Fernengel September 13, 1998 Mother 2. A Conciliation Conference was held in this matter on July 21, 2009, with the following in attendance: The Father, Thomas H. Fernengel, with his counsel, Karl E. Rominger, Esquire, and the Mother, Rhonda Fernengel, with her counsel, Jane Adams, Esquire. 3. The parties agreed to an Order in the form as attached. Date -? I U L acq line M. Verney, Esquire Custody Conciliator OF THE , ., T .iiAfY 2OD9 JUL 22 P 1 ? 2 U1,, N r AUU aw u THOMAS H. FERNENGEL, Plaintiff V. RHONDA FERNENGEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-4273 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of , 2009, upon consideration of the attached Custody Conciliation Re rt, it is ordered and directed as follows: 1. The prior Order of Court dated July 22, 2009 is hereby vacated and replaced with the following. 2. The Father, Thomas H. Fernengel and the Mother, Rhonda Fernengel, shall have shared legal custody of Sequoia D. Fernengel, born September 13, 1998. 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 her health, education and religion. Pursuant to the terms of 23 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. During the school year, every weekend from Friday after school to Monday morning when Father will be responsible for transporting the 1 child to school. In the event of the child is off of school on a Monday, then Father's time shall be extended to Tuesday morning. B. During the summer, alternating weekends, the first weekend from Friday at 11:00 a.m. to Monday at 6:00 p.m. and the next weekend from Friday at 11:00 a.m. to Tuesday at 11:00 a.m. and alternating thereafter. C. Such other times as the parties agree. The child shall have absolutely no contact with Shaun Moyer. 6. The parties shall cooperate with each other during their periods of physical custody to exchange times when it is in the child's best interest. 7. In the event that either parent is in need of a babysitter for more than three hours, they shall contact the non-custodial parent and offer said time to the non-custodial parent. 8. The parties shall share holidays as agreed. 9. 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. cc: earl E. Rominger, Esquire, Counsel for Father /Jane Adams, Esquire, Counsel for Mother 'a THOMAS H. FERNENGEL, Plaintiff V. RHONDA FERNENGEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-4273 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.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 concerning the Child who is the subject of this litigation is as follows: NAME Sequoia D. Fernengel DATE OF BIRTH September 13, 1998 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on August 17, 2009, with the following in attendance: The Father, Thomas H. Fernengel, with his counsel, Karl E. Rominger, Esquire, and the Mother, Rhonda Fernengel, with her counsel, Jane Adams, Esquire. 3. The Honorable President Judge Edgar B. Bayley previously entered an Order of Court dated July 22, 2009, providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody every weekend. 4. The parties agreed to an Order in the form as attached. Date ? - /) - D acq ?fineM.rney, Esquire Custody Conciliator RLED•-i1r''ICE OF THE PROTHONOTARY 2089 AUG 18 PM ? - 21 "- UNTY PENNISYLVAIN A MAR ~ 6 2oru ~ 3 THOMAS H. FERNENGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-4273 CIVIL ACTION -LAW RHONDA FERNENGEL, Defendant : IN CUSTODY c p ~ -~~ w 'h ~ r_=_ = , ~:a ~ ~ ORDER OF COURT "' -L, _ `'~ `~~ .~ AND NOW this -~ ~~~ day of , 2010, upatx:;: ~ ~~ consideration of the attached Custody Co ciliation Report, it is ordered and directed ash' follows: ~ ~ ~ -< 1. The prior Order of Court and effect with the following modificati August 18, 2009 shall remain in full force 2. During the school year, Fath~ from Friday, after school, to Sunday at 6:00 p.m. to 8:00 p.m. The parties shall also alte first school holiday. shall have physical custody every weekend m. and every Monday evening from 4:00 ate school holidays, with Mother having the 3. Both parties shall have one full week of physical custody, provided they give the other party 30 days prior notice. 4. Transportation shall be shared such that the receiving party shall transport, except on Mondays during the school year, when Father shall transport both ways. 5. Neither party shall use alcohol to the point of intoxication, or illegal drugs immediately prior to or during their periods of physical custody. 6. 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. cc:~arl E. Rominger, Esquire, Counsel for Father JAndrew J. Bender, Esquire, Counsel for Mother ~! Q.L' .~,e3.1~ ~~~Q~~a err} J. THOMAS H. FERNENGEL, Plaintiff V. RHONDA FERNENGEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-4273 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, former P. 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 concerning the Child who is the subject of this litigation is as follows: NAME Sequoia D. Fernengel DATE OF BIRTH September 13, 1998 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on March 15, 2010, with the following in attendance: The Father, Thomas H. Fernengel, with his counsel, Karl E. Rominger, Esquire, and the Mother, Rhonda Fernengel, with her counsel, Andrew J. Bender, Esquire. 3. The Honorable President Judge Edgar B. Bayley previously entered an Order of Court dated August 18, 2009, providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody every weekend during the school year and shared physical custody in the summer. 4. The parties agreed to an Order in the form as attached. Date 3 -- /~ - / c~ ~ /~'(~ '-Jacq~line M. Verney, Esquire Custody Conciliator