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HomeMy WebLinkAbout01-0675IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, Plaintiff/Petitioner V. RICHARD F. RUFRANO, Defendant/Respondent No. 2001 - 4-75' IN CUSTODY Civil Term PETITION FOR SPECIAL RELIEF-TEMPORARY ORDER PURSUANT TO PA.R.C.P. 1915.13 NOW COMES, THERESA L. WHEATLEY, Plaintiff/Petitioner, by and through her attorney, Maryann Murphy, Esquire, of MidPenn Legal services, and avers as follows: 1. Petitioner is THERESA L. WHEATLEY who resides at 217 East Walnut Street, Shiremanstown, Cumberland County, Pennsylvania. 2. Petitioner is unmarried. 3. Respondent is RICHARD F. RUFRANO who resides at RR1, Box 41H, Hamden, New York. 4. Respondent is married. 5. Petitioner is the biological mother of the minor child, EMILY MARIE RUFRANO, born in Dauphin County, Pennsylvania on December 19, 1997. 6. Respondent is the biological father of the minor child. 7. The minor child has resided exclusively with Petitioner since April of 1998, following the parties' separation. An Order for Protection from Abuse was issued on July 16, 1998 in the Court of Common Pleas of Lancaster County, awarding primary physical custody of the child to Petitioner with supervised visits in Respondent. (The Order is attached hereto, incorporated by reference herein, and marked as Exhibit nA"). 8. After the expiration of the Protection Order, Respondent came from New York to Petitioner's residence, perhaps twice a month, to visit with the minor child for a couple of hours each time. 9. Respondent asked Petitioner if he could take the minor child to his residence in New York for a visit, and the parties agreed that he could do so from Wednesday, January 24, 2001 until Saturday, January 27, 2001 at 8:00 p.m. when Respondent would return the child to Petitioner. 10. The minor child was not returned to Petitioner as agreed upon by 8:00 p.m. on Saturday, January 27, 2001. When the child did not return at the expected time, Petitioner tried to contact Respondent by phone to no avail. Petitioner finally reached Respondent on Sunday, when he told Petitioner that he was not going to return the minor child to her. Respondent further told Petitioner that he had "made application" for custody in New York. Petitioner has not been served with any documents from New York to date. 11. Petitioner is concerned for the safety and well being of the minor child because of Respondent's prior abusive behavior to her, and because of the manner in which he took the child from her custody. 12. Petitioner avers that jurisdiction for purposes of custody should be in the Commonwealth of Pennsylvania where the minor child has resided since birth. 13. Petitioner avers that it is in the best interests of the minor child that primary physical custody be awarded to her, pending the Custody Conciliation Conference, since the child has always resided with her and Petitioner has been the primary caretaker of the child since birth. WHEREFORE, Petitioner prays this Honorable Court to enter an Order directing: a. that primary physical custody of the minor child be awarded to Petitioner, pending a Custody Conciliation Conference; and b, that jurisdiction for purposes of custody remain in the Commonwealth of Pennsylvania; and C. that law enforcement officials in New York assist Petitioner in obtaining physical custody of the minor child from Respondent; and d, for such further relief as the Court may determine to be equitable and just. Respectfully submitted: By- Maryann Murphy, Esqu're MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Attorney I.D. #61900 Attorney for Plaintiff/Petitioner VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. YI AAsnC? VI-) THERESA L. WHEATLEY Date: \ IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Teresa Rufrano V. No. Cl - 98 -04762 1 ; - .ten ti .r 7? Richard Rufrano Protection From Abuse T AND NOW, this day of July, 1998, upon agreement of the PaWies in open Court, without a finding of abuse and without admitting to the allegations in the Petition, the following Protective Order is entered: 1. Defendant, Rufrano, is hereby prohibited from abusing, stalking, threatening, or harassing in any manner, including by telephone, Theresa Rufrano, either physically or by verbal threats, wherever she may be and is specifically excluded from her ounrent residence, or any other residence she may establish. The Defendant is further prohibited from having contact or communication by any means with the Plaintiff. Communication regarding the child of the parties, shall be conducted through the Plaintiffs parents or Children and Youth caseworker, Janelle, of Cumberland County. The Defendant is further restrained from entering the place of employment or business or school of the Plaintiff and/or minor child. 2. Primary physical custody of the child of the parties, Emily Marie, age 7 months, is granted to the Plaintiff, mother. Defendant shall have supervised visitation at the "A NOTICE OF ENTRY OF ORDER OF DECREE PURSUANT TO PA.R.CX NO:236 NOTIFICATION-THE ATTACHED DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY OF LANCASTER CO.. PA DATE; 131 1 71901E Cumberland County Children and Youth Agency, the specifics of said supervised visitation to be determined by Janelle, the assigned caseworker. 3. The Plaintiff may retrieve her possessions including the birth certificate and social security card of the minor child, from a shed located at the Defendant's former residence, the location he stated her belongings were contained within, at her convenience. 4. The Defendant is hereby notified that if he violates this Order, he may be held in indirect criminal contempt which is punishable by a fine not to exceed $1,000 and by a sentence of up to six (6) months in jail and by other possible relief, or he may be held in civil contempt. Beginning to or resumption of living at a residence to which the Defendant is excluded by this Order could result in a finding of indirect criminal contempt or civil contempt Consent of the Plaintiff to resume contact or cohabitation does not invalidate, nullify, or void the provisions of this Order as it relates to the prohibition against abuse. Further, any violation of this Order may also constitute a crime under the Pennsylvania Criminal Code, and those penalties may be in addition to those imposed as contempt pursuant to this Order. 5. Any police department having appropriate jurisdiction pursuant to the Protection From Abuse Act, 23 P.S. §6101 et seg., may arrest Defendant for violation of said Order without warrant upon probable cause whether or not the violation is committed k in the presence of the police department The Defendants date of birth is April 3, 1965, and his social security number is 128-58-8574. 6. This Order shall remain in effect for five months from the date thereof. 7. Costs of this proceeding are placed on the Defendant. Costs are to be paid at the Office of the Prothonotary of Lancaster County by September 16, 1998. BY THE COURT: ATTEST: u'p 3, Copies to: ?County Control Legal l"Wee Dcpar6k.ent Pennsylvania State Police Defendant- J. Copies received at Courthouse: Central Pennsylvania Legal Services Attorney for Plaintiff, Rebecca Cheuvront , Esquire (3) (? Attorney for the Defendant, Michael Mongiovi, Esquire/P.D.(z) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW THERESA L. WHEATLEY, Plaintiff NO. 01- v. RICHARD F. RUFRANO, Defendant IN CUSTODY CERTIFICATE OF SERVICE Civil Term I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2001, a true and correct copy of the Petition for Special Relief was served upon the Defendant by placing a copy of same in the United States Mail, first class, postage prepaid, certified/restricted delivery, addressed as follows: Richard F. Rufrano RR1 Box 41H Hamden, N.Y. 13782 Maryann Murphy, Esqui e MIDPENN LEGAL SERVICES 111 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D.#61900 Attorney for Plaintiff C ??' _,,_? ?', ;'-,, (', J ? lJ ? THERESA L. WHEATLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW RICHARD F. RUFRANO, Defendant NO. 01-0675 CIVIL TERM ORDER OF COURT AND NOW, this 2"d day of February, 2001, upon consideration of Plaintiffs Petition for Special Relief - Temporary Order Pursuant To Pa. R.C.P. 1915.13, a hearing is scheduled for Thursday, February 8, 2001, at 8:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. THE DEFENDANT is directed to bring the minor child, Emily Marie Rufrano, to the scheduled hearing. Maryann Murphy, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff Mr. Richard F. Rufrano RRl, Box 41 H Hamden, NY 13782 Defendant, Pro Se BY THE COURT, J , esley Oler,? J. :rc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, Plaintiff V. NO. 01-6757 IN CUSTODY Civil Term RICHARD F. RUFRANO, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, THERESA L. WHEATLEY, Plaintiff, to proceed in forma an uperis. I, Maryann Murphy, Esquire, of MidPenn Legal Services, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. V V? ! Ma a?miEs uire rl' rP Y, q MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW THERESA L. WHEATLEY, Plaintiff V. NO. 01- L 7s Civil Term IN CUSTODY RICHARD F. RUFRANO, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am THERESA L. WHEATLEY, the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: THERESA L. WHEATLEY Address: 217 East Walnut Street, Shiremanstown, PA 17011 (b) Social Security Number: 169-44-5724 If you are presently employed, state Employer: Book Span Address: South Market Street, Mechanicsburg, PA 17055 Salary or wages per month: $ 1,236.00 Type of work: returns department If you are presently unemployed, state N/A Date of last employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: -0- (e) Property owned Cash: -0- Checking Account: -0- Savings Account: -0- Certificates of Deposit: -0- Real Estate (including home): -0- Motor vehicle: Make N/A Cost N/A Stocks; bonds: -0- Other: -0- (f) Debts and obligations Mortgage: -0- Rent: $350.00 Loans: -0- Monthly Expenses: $1,050.00 Year N/A Amount owed N/A (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A Children, if any: Name: EMILY Age: 3 years 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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 unworn falsification to authorities. Date ?ma'/ A THERESA L. WHEATLE <; - , '_'? `_ ?e? J _? DELRWRRE MULTI COURTS Fax:6077463253 Feb 6 2001 12:58 P.12 AFFIDAVIT SUPPLEMENTING CUSTODY PETITION Q? -G (This affidavit must accompany all original petitions for custody and any petition for modification of an existing custody or visitation order) STATE OF NEW YORK ) COMM OF DELAWARE ) SS.: ?(^ hQ ?- ('? (?` y ( being duly sworn, deposes and says under penal of perjury: 1. I am the petitioner in the petition to which this affidavit is attached. 2. The resent address at which t ild((en) w o is/are the subject of the atce'rIpe?OA'I1 nf'f'yAa61AeM U14 ? -1-0 LTA 2_ 3. .During ;he five years before the date of the attached petition, the child(ren) have/has resided at. the places, and with the persons named, whose addresses were last known to me tb be as stated, during the periods indicated: (a) Period in question (b) place where and persons (c) Current address of (most recent first) with whom, resided person in (b) /to 9V-113&r4l, I& III and to ? I fl 1 1m??h? P _ - ?1?1 i < ?y -P? ? ?? ,w n' to n I R?to1.0??S?/9'? mo441em?? reh?5?enta- 40--l/15, vrr 7 to 1'frhi 1 ->net Qnn t'1'f'C?'?Gtn,?S ?V 4. I further declare that I (have) (have not) participated as a party or witness or in any other capacity in any other litigation concerning the custody of the same child(ren) in this or any other state. (If-answer is affirmative, set forth details) AA D 5. I (have) (have not) information of any previous custody proceeding or agreemen concerning the child(rAenn) in this or any other state. (Insert details if affirmative) JV 6. I (do) (do not) know of any person not a party to this proceeding who has physical custody of the child(ran) or claims to have custody or vtation rights with respect to the child(ren). (If affirmative, insert details) 7. 2 make this affidavit as required by Section 75-j of the Domestic Relations Law'of the State of New York, knowing that the Court will rely. on the information herei stated in determining the proceeding commented upon Che attached petition. Sworn to be ore me this day of J a ?? O CS DELRWRRE MULTI COURTS Fax:6077463253 Feb 6 2001 12:58 P.11 VERIFICATION '" STATE OF NEW YORK ) COONTY OF DELAWARE ) SS.: t1lC.f^? being duly sworn, says that AsThe is the petitioner in the above=entitled proceeding'sand that, the foregoing petition is true to (his) Ebel) own )ciowled?e, except. as to matters herein stated to be alleged on information and?ief and as to those matters .Lsi3le believes it to be true. Petitioner Sworn to before me this Lo day of -Jan u" , a 0 01 (Dep y) Cler of the Court Notary Public PLEASE NOTE: All Custody and visitation petitions will be referred to Dispute Resolution Center (Mediation) unless you specifically decline this service by signing below. I HEREBY DECLINE TO HAVE MY CASE REFERRED TO MEDIATION (Sign) DELRWRRE MULTI COURTS Fax:6077463253 Feb 6 2001 12:58 P.10 Custody Petition Additions to #13 The mother of Emily does not have permanent housing. Right now, she is staying with friends. That is her ex-boyfriend and his wife. Theresa is abusing drugs and alcohol and I am concerned for Emily's safety. Because of her abuse of alcohol and drugs, Theresa neglects Emily's medical and physical well-being. Theresa called me on Saturday because she was frustrated with Emily and was afraid that she might hurt Emily. She wanted me to come to get Emily right away. When I was in the house on Sunday, January 21, 2001, there was no food in the house. The only thing that was there was candy and milk. Theresa does not take Emily to the doctor when she has a cold or more serious problems. Theresa has stated to me over the phone that when Emily doesn't want to go to sleep, Theresa locks her in the room and lets her scream herself to sleep. On Monday, January 22, 2001, I took Emily to Dr. Williams at Bassett Healthcare at O'Connor, because Emily had problems hearing and complained of pain in her ears. He found dry build-up of wax that had to be in there longer than 3 months. It took him an hour to get her ears unclogged. He also checked her for a rash and he said it was a yeast infection. Theresa neglected to take care of the problems. DELAWARE MULTI COURTS Fax:6077463253 Feb 6 2001 12:57 P.09 custody/Visitation Petition -Page 3 12. No previous application has been made to any court or judge for the relief herein requested, except: 13. It would be in the best interest of the child(ren) to have (custody) (visitation) awarded to the petitionedfor the following reasons: ?? n' ? Qg? 5 1A>CU4 dLaO!/YI ?-7 r ?v(? S 3 ?-?e- L ?? n A--A Q EWM " 5a 5 ke cow (c? v? her Eel S1ee? See a, l.-ache. ®a'?6 mod%-fbn -?O numbce 13- WHEREFORE, petitioner prays for an order awarding (custody) (visitation) of the child(ren) named herein to (the petitioner) ( ) and for such other and further relief as the'Court may determine. Dated: 11p/ 0 } 20 Petitioner --R;Cha rd Print or type name Signature of Attorney, if any Attorney's Name (Print or Type) Attorney's Address & Telephone DELAWARE MULTI COURTS Fax:6077463253 Feb 6 2001 12:57 P.08 Custody/Visitation Pe:itivn Page 2 6.; This procee% is commenced pursuant to section (s).-' ( F; of-,-the F#i1u1 .(Rpurt Act (in that an order 'of referral was 4 made ` and' ent 9i 3 on by the Supreme Court, S i County, referring the issue of ''(custody) (visitatiod to the Family Court of the State of New York it -nd F rt,e County of CHECK ONLY THOSE PROVISIONS WHICH APPLY IN NM4RERS 7 - 11 7. Petitioner and Res o dent were married o Y) n GA ?? 1997 at. Nary6btA and onwnknowh 0.? 19 (were separated by court judgment) -(were. separated by (2,-) (were (were separated without written agreement) .•(were divorced) (the (marriage was annulled (A true copy of the (judgment) (separation agreementi is attached hereto.) 8. (An order of filiation was made) (A paternity ,aqreemen or compromise was approved) by the Family Court,,'?"???+?. County of on 19 ,- concerningrv, Vy ,i more of the child(ren) who (is) (are) the subject of this proceeding. A true copy of vild- (order) (_ag n is annexed bet@tD ?? rj ?n 7?,V( (?l?Q b(? G? _LZ 9. (Upon information and belief) (Petitioner) (Res dent) obtained custody of the child(ren) on;SuRa all 0 , 19 (by) wi , ) an o der or judgment of court, s ` follows : eiV 5 i'E (? C.L;LQ (? 10. A copy of the order (s) or judgment (s) directing (custody) (visitation) is annexed hereto. 11. There has been a change of circumstances mince entry of the (order) (judgment) directing '(custody) •(visitation) in that: DELRWRRE MULTI COURTS Fax:6077463253 Feb 6 2001 12:56 P.07 ?'IF.C.A. 55467, 549, 651, 652, 654 General 70rm 17 ?± Custody [EC ` IE'i_Fi ..p+a} 12/97 FAMILY COURT OF THE STATE OF NEW YORL COtm= OF DELAWARE; ? JAN 26 20D1 - _ _ In, the Matter of a Proceeding for - - ??h J (Cu stody) (Visitation) under Article it of the Family Court Act_ 'Petitioner S.S.# 1 n?t-?(" Res ndent s.S.W - - - - - - - - - - - - - - - - - - - TO THE FAMILY COURT: (V'Wra " 46N) PEPITION FOR (C4JSTODY) (VISITATION) Docket No: -FA M 2-t 1 7 The undersigned petitioner respectfully shows that: 1. Petitioner, ;?11a?-, (resides) (is located) at- 3:0 Li?.??? A- I if f FF N0 rn?-0n /\/-4. 167l?? 2. Petitioner (is related) (is not related) to the child(ren) as follows: [State relationship to child(ren). If unrelated to the child (e.g. foster parent,. agency or institution, so state.) 3. (Upon information and belief) Respondent (resides) (is located) at : I '7 LVJ O J rk 4. (Upon information and belief) Respondent'.(is related) -(is not =elataa) to the child(ren) as follows: [State relationship to child(ren). If.unrelated to the child (e.g. foster parent, agency or institution, so state.l - 5. The name, present address, age and date of birth of each child affected by this proceeding are as follows: Name Address Date of Birth Social Sequrity # G M ?y)cl.v; 2 R a--{-fie r. o- ??- I? ?'? DELRWRRE MULTI COURTS Fax:6077463253 Feb 6 2001 1256 P.06 THE ORIGINAL OF THIS ORDER WAS ENTERED IN THE OFFICE OF THE DELAWARE COUNTY FAMILY COURT CLERK ON a? - (-OI THE DISTRIBUTION OF THIS ORDER IS AS FOLLOWS: Upon: Petitioner -14* mail ____"raonal service _courier W in court _. via Sheriff _ Respondent _by mail in court -personal service .. Powder box _via Sheriff _ Petitioner's Attorney _by mail In court -personal service -courier box Respord"s Attorney _e_" by mail _ in court _ lal service _couRr box _ Lew Guardian __ )y mail In court _-personal service -courtier box ProbatIm Dept. !by mail _ in court ?ervanal service _courier box _ Dispute Resolution Ctr. !by mail _ in court _- personal service -courier box AlboltelrDrug Services _by mail _ In court _-peraorial service -courier box ` OSS _-by mail _ in court --persored service courier box SCU _by mail _ in court personal service courier box MHC _by mail _ in court __.__personal service courier box Sheriff --hand delivery QkK r Othw. Ci,wp? of Cormow3et Eby mail _in court final da0very _ _courier box l - Other: ?eD,3 - 1'eely? ?va?vc? _by mall _In court ___personal service -courier box Other. _by mail _in court _prrWnaI service -courier box .- Other: _by mail In tour _--personal service -courier box - Otter: _by mail _in court -personal service cosier box B V Laex? Y • DELAWARE COUNTY FAMILY COURT CLERKS OFFICE DELRWRRE MULTI COURTS Fax:6077463253 Feb 6 2001 1256 P.05 It is clear from the papers attached to the most recent petition filed by the petitioner herein that the court in Pennsylvania has not declined to exercise jurisdiction in the matter. In fact, the court has ordered the petitioner herein to appear in the state of Pennsylvania for a hearing. Moreover, it is apparent that Pennsylvania is the home state of the child, and that the allegations in the petition do not constitute an emergency of the magnitude which would authorize this court to assume jurisdiction under those provisions of the Uniform Child Custody Jurisdiction Act. Moreover, it appears that the provisions of the Federal Parental Kidnaping Prevention Act may deprive this court of jurisdiction in the custody proceeding. Therefore, upon the papers before this court and upon the papers from the Pennsylvania court provided by the petitioner; it is, on the court's own motion, ORDERED, that the petition herein be, and the same hereby is, DISMISSED, on the grounds that this court does not have jurisdiction of the subject matter pursuant to the provisions of the Uniform Child Custody Jurisdiction Act as adopted in the State of New York as Article 5-A of the Domestic Relations Law; and it is further ORDERED, that in view of the fact that the court heretofore issued an order of protection upon the filing of the first family offense petition on January 30, 2001, and that no substantially different allegations are presented by the most recent family offense petition, the petitioner's request for a temporary order of protection in respect of the second filed family offense petition is hereby DENIED, without prejudice. ENTER Robert L. Estes, J.F.C. Dated: Delhi, New York February 6, 2001 ENTERED in the Office of the Clerk of the Court on February 6, 2001 Lori L. Metzko, Family Court Clerk PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL MUST BETAKEN WITHIN THIRTY DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT THIRTY-FIVE DAYS FROM THE MAILING OF THE ORDER TO THE APPELLANT BY THE CLERK OF THE COURT, OR THIRTY DAYS AFTER SERVICE BY A PARTY OR LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. DELRWRRE MULTI COURTS Fax:6077463253 Feb 6 2001 12:55 P.04 At a tern of the Family Court of the State of New York held in and for the County of Delaware at Delhi on February 6, 2001 PRESENT: Hon. Robert L. Estes In the Matter of a Proceeding Under Articles 6 and 8 of the Family Court Act RICHARD RUFRANO Docket Nos: V-79-01 0-84-01 0-105-01 Family No: 2717 Petitioner -agatnst- MEMORANDUM DECISION AND ORDER THERESA LYNNE WHEATLEY Respondent On January 30, 2001, the father of the three-year-old child of the parties filed petitions accusing the respondent of a family offense, and requesting an order of custody. After review of the papers, the court issued a Temporary Order of Protection directing the respondent not to threaten the petitioner. It is apparent from the petitioner's papers that the child had been in the state of New York merely 10 days as of the date of filing of the petitions. A second family offense petition was filed by the petitioner on February 6, 2001. Attached to that petition are photocopies of papers apparently filed in the Court of Common Pleas of Cumberland County, Pennsylvania in a proceeding entitled, "Theresa L. Wheatley v Richard F. Rufrano." An order of that court was issued February 2, 2001, requiring the petitioner herein to bring the minor child to a hearing scheduled in the state of Pennsylvania on Thursday, February 8, 2001 at 8:30 a.m. Among other things, the respondent in this proceeding, who is the petitioner in the Pennsylvania proceeding, alleges that the petitioner herein abducted the child contrary to the agreement of the parties, and retains the child in the state of New York. Also included among the papers attached to the most recent petition herein is a photocopy of a protective order issued by the Court of Common Pleas of Lancaster County, Pennsylvania in proceedings entitled, "Theresa Rufrano v Richard Rufrano" issued July 16, 1998. That order prohibits the petitioner herein from abusing, stalking, threatening, etc. the respondent herein. The order also provides primary physical custody of the child to the respondent herein, and directs that visitation by the petitioner herein be supervised. The order endured for a period of five months. DELRWRRE MULTI COURTS Fax:6077463253 Feb 6 2001 12:55 P.03 February 6, 2001 Page 2 1 do not believe that New York and Pennsylvania share a uniform act respecting allegations of domestic violence, so the family offense proceedings which Mr. Rufrano has commenced here against Ms. Wheatley will remain on our court calendar for consideration in due course. Very truly yours, `r.10/40-c Robert L. Estes RLE:vg Enc. pc: Maryann Murphy, Esq. Mr. Richard Rufrano DELAWARE MULTI COURTS Fax:6077463253 Feb 6 2001 12:55 P.02 FAMILY COURT CHAMBERS COUNTY OF DELAWARE 3 COURT STREET DELHI, NEW YORK 13753 ROBERT L. ESTES JUDGE February 6, 2001 Court of Common Pleas - Civil Term Cumberland County Courthouse Carlisle, PA 17013 Your Reference: Theresa L. Wheatley, Plaintiff, against Richard F. Rufrano, Defendant No. 01-0675 Civil Tenn Our Reference: Rufrano v Weatley [sic], Docket No. V-79-01 Dear Ladies and Gentlemen: Pursuant to the provisions of the Uniform Child Custody Jurisdiction Act, I am writing to inform you that on January 26, 2001, Richard Rufrano filed in the Family Count, Delaware County, New York, a petition against Theresa Wheatley (named in the New York proceeding as "Theresa L. Weatley" [sic], seeking custody o£their three-year-old child Emily Marie Rufrano. A copy of that petition is enclosed herewith, in furtherance of the intention of the Uniform Child Custody Jurisdiction Act, that courts communicate with one another when proceedings have been initiated in their respective states concerning the same child. I am also enclosing a photocopy of the Affidavit Supplementing Custody Petition which was filed with Mr. Rufrano's petition. Upon review of this petition filed in Delaware County and other papers filed by Mr. Rufrano concurrently and since that time, it is abundantly apparent that Pennsylvania is the home state of the child, and that the state of New York does not have jurisdiction of the subject matter. Therefore, I have dismissed the custody proceeding herein the state of New York, which should enable you to proceed in the state of Pennsylvania, unimpeded by the New York State proceeding. DELAWARE MULTI COURTS Fax:6077463253 Feb 6 2001 12:54 P.01 FAMILY COURT CHAMBERS COUNTY OF DELAWARE 3 COURT STREET DELHI, NEW YORK 13753 Our Fax: 607-746-3253 DATE: February 6, 2001 TO: Cumberland County Court of Common Pleas - Civil Term FROM: Hon. Robert L. Estes - QSi -k -FoR "?I11 5 ?0 QlacecL 'I 1s ?-k Ie fop, F'Y.L . RE: Wheatley/Rufrano Total Pages (including cover sheet) 12 If there is a problem with this transmission, please call Valerie Grant at 607-746-2423. M THERESA L. WHEATLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD F. RUFRANO, Defendant 01-0675 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of February, 2001, upon consideration of Plaintiff's Petition for Special Relief-Temporary Order Pursuant To Pa.R.C.P 1915.13 with respect to custody of the parties' child, Emily Marie Rufrano (date of birth December 19, 1997), and pursuant to an agreement reached in open court between Plaintiff and her counsel, Maryann Murphy, Esquire, and Defendant, pro se, it is ordered and directed as follows: 1. The parents shall advise each other of all important matters concerning their minor child. 2. Mother shall have primary custody of Emily. 3. Father shall have partial physical custody of Emily on the following schedule: (a) One weekend per month from Friday at 5:00 p.m. until Sunday at 8:00 p.m., the first weekend being February 16th, 2001. (b) One week per month, that first week being March 2nd through March 10th of 2001. The hours shall be from Friday at 5:00 p.m. until Saturday at 10:00 a.m. (c) And at other times as agreed by the parents. 4. Father's Day weekend will be with father and Mother's Day weekend will be with mother from Friday at 5:00 p.m. until Sunday at 8:00 p.m., regardless of the usual schedule. A, of-6 7? ?- FAMILY COURT CHAMBERS COUNTY OF DELAWARE 3 COURT STREET DELHI, NEW YORK 13753 ROBERT L. ESTES JUDGE February 6, 2001 Court of Common Pleas - Civil Term Cumberland County Courthouse Carlisle, PA 17013 Your Reference: Theresa L, Wheatley, Plaintiff, against Richard F. Rufrano, Defendant No. 01-0675 Civil Term Our Reference: Rufrano v Weatley [sic], Docket No. V-79-01 Dear Ladies and Gentlemen: Pursuant to the provisions of the Uniform Child Custody Jurisdiction Act, I am writing to inform you that on January 26, 2001, Richard Rufrano filed in the Family Court, Delaware County, New York, a petition against Theresa Wheatley (named in the New York proceeding as "Theresa L. Weatley" [sic], seeking custody of their three-year-old child Emily Marie Rufrano. A copy of that petition is enclosed herewith, in furtherance of the intention of the Uniform Child Custody Jurisdiction Act, that courts communicate with one another when proceedings have been initiated in their respective states concerning the same child. I am also enclosing a photocopy of the Affidavit Supplementing Custody Petition which was filed with Mr. Rufrano's petition. Upon review of this petition filed in Delaware County and other papers filed by Mr. Rufrano concurrently and since that time, it is abundantly apparent that Pennsylvania is the home state of the child, and that the state of New York does not have jurisdiction of the subject matter. Therefore, I have dismissed the custody proceeding herein the state of New York, which should enable you to proceed in the state of Pennsylvania, unimpeded by the New York State proceeding. 0 PRMIED ON RECYCLED PAPER February 6, 2001 Page 2 I do not believe that New York and Pennsylvania share a uniform act respecting allegations of domestic violence, so the family offense proceedings which Mr. Rufrano has commenced here against Ms. Wheatley will remain on our court calendar for consideration in due course. Very truly yours, *(V/11?_1 Robert L. Estes RLE:vg Enc. pc: Maryann Murphy, Esq. Mr. Richard Rufrano At a term of the Family Court of the State of New York held in and for the County of Delaware at Delhi on February 6, 2001 PRESENT: Hon. Robert L. Estes In the Matter of a Proceeding Under Articles 6 and 8 of the Family Court Act RICHARD RUFRANO Docket Nos: V-79-01 0-84-01 0-105-01 Family No: 2717 Petitioner -against- MEMORANDUM DECISION AND ORDER THERESA LYNNE WHEATLEY Respondent On January 30, 2001, the father of the three-year-old child of the parties filed petitions accusing the respondent of a family offense, and requesting an order of custody. After review of the papers, the court issued a Temporary Order of Protection directing the respondent not to threaten the petitioner. It is apparent from the petitioner's papers that the child had been in the state of New York merely 10 days as of the date of filing of the petitions. A second family offense petition was filed by the petitioner on February 6, 2001. Attached to that petition are photocopies of papers apparently filed in the Court of Common Pleas of Cumberland County, Pennsylvania in a proceeding entitled, "Theresa L. Wheatley v Richard F. Rufrano." An order of that court was issued February 2, 2001, requiring the petitioner herein to bring the minor child to a hearing scheduled in the state of Pennsylvania on Thursday, February 8, 2001 at 8:30 a.m. Among other things, the respondent in this proceeding, who is the petitioner in the Pennsylvania proceeding, alleges that the petitioner herein abducted the child contrary to the agreement of the parties, and retains the child in the state of New York. Also included among the papers attached to the most recent petition herein is a photocopy of a protective order issued by the Court of Common Pleas of Lancaster County, Pennsylvania in proceedings entitled, "Theresa Rufrano v Richard Rufrano" issued July 16, 1998. That order prohibits the petitioner herein from abusing, stalking, threatening, etc. the respondent herein. The order also provides primary physical custody of the child to the respondent herein, and directs that visitation by the petitioner herein be supervised. The order endured for a period of five months. It is clear from the papers attached to the most recent petition filed by the petitioner herein that the court in Pennsylvania has not declined to exercise jurisdiction in the matter. In fact, the court has ordered the petitioner herein to appear in the state of Pennsylvania for a hearing. Moreover, it is apparent that Pennsylvania is the home state of the child, and that the allegations in the petition do not constitute an emergency of the magnitude which would authorize this court to assume jurisdiction under those provisions of the Uniform Child Custody Jurisdiction Act. Moreover, it appears that the provisions of the Federal Parental Kidnaping Prevention Act may deprive this court of jurisdiction in the custody proceeding. Therefore, upon the papers before this court and upon the papers from the Pennsylvania court provided by the petitioner; it is, on the court's own motion, ORDERED, that the petition herein be, and the same hereby is, DISMISSED, on the grounds that this court does not have jurisdiction of the subject matter pursuant to the provisions of the Uniform Child Custody Jurisdiction Act as adopted in the State of New York as Article 5-A of the Domestic Relations Law; and it is further ORDERED, that in view of the fact that the court heretofore issued an order of protection upon the filing of the first family offense petition on January 30, 2001, and that no substantially different allegations are presented by the most recent family offense petition, the petitioner's request for a temporary order of protection in respect of the second filed family offense petition is hereby DENIED, without prejudice. ENTER Robert L. Estes, J.F.C. Dated: Delhi, New York February 6, 2001 ENTERED in the Office of the Clerk of the Court on February 6, 2001 Lori L. Metzko, Family Court Clerk PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL MUST BETAKEN WITHIN THIRTY DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT THIRTY-FIVE DAYS FROM THE MAILING OF THE ORDER TO THE APPELLANT BY THE CLERK OF THE COURT, OR THIRTY DAYS AFTER SERVICE BY A PARTY OR LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. THE ORIGINAL OF THIS ORDER WAS ENTERED IN THE OFFICE OF THE DELAWARE COUNTY FAMILY COURT CLERK ON 0? - A - oI THE DISTRIBUTION OF THIS ORDER IS AS FOLLOWS: Upon: Petitioner -,G6y mail _ in court -personal service -courier boz _ via Sheriff Respondent _by mail _ in court -personal service -courier box _ via Sheriff _ Petitioner's Attorney _by mail _ in court -personal service -courier box y/ Respondent's Attorney _k/ by mail _ in court -personal service -courier box _ Law Guardian _by mail _ in court personal service -courier box _ Probation Dept. _by mail _ in court -personal service -courier box _ Dispute Resolution Ctr. _by mail _ in court -personal service -courier box _ Alcohol/Drug Services _by mail _ in court -personal service -courier box _ DSS _by mail _ in court -personal service _courier box - SCU _by mail _ in court -personal service -courier box _ MHC _by mail _ in court -personal service -courier box Sheriff -hand delivery Other: Cn,Ne-N- c'r Q n viouyn Eby mail _in court -personal delivery courier box _ Other:?`I A - 1?esrna?loan?o. _by mail _in court -personal service _ -courier box _ Other: _by mail _in court -personal service -courier box _ Other: _by mail _in court _personal service -courier box _ Other: _by mail _in court -personal service -courier box By: ? • /?? DELAWARE COUNTY FAMILY COURT CLERK'S OFFICE f:C.A. §5467, 549, 651, 652, 654 General Form 17 /p? 11LL Custody D V? IS an) 12/97 iftt' FAMILY COURT OF THE STATE OF NEW YORX ,COUNTY OF DELAWARE JAN 2 6 2DDI In the Matter of a Proceeding for (Custody) (Visitation) under Article a of the Family Court Act'- Mr-71--LTIQN) PETITION FOR (CUSTODY) (VISITATION) Petitioner --- --- - - S.S.# I . 12Sr1--85')u i t( .2(4?jcc)7 "..,:-against- / -Docket No: V- ?L? ?./ 1 L L6 -e CZ /R? ndent -FA M` Z.? 1-7 S.S.#' - - - - - - - - - - - - - - - - - - - TO THE FAMILY COURT: The undersigned petitioner respectfully shows that: 1. Petitioner,,/` (resides) (is located) at: I %J ? C v. ? ?-t S IR. tl P? 2. Petitioner (is related) (is not related) to the child(ren) as follows: (State relationship to child(ren). If unrelated to the child (e.g. foster parent,. agency or institution, so state.} 3. (Upon information and belief) Respondent (resides) (is located) at : P1 13 Levi ("? ( n v, -? :5 1- ?5h\rylla)15A6wn /70 4. (Upon information and belief) Respondent (is related) "(is not related) to the child(ren) as follows: (State relationship to child(ren). If unrelated to the child (e.g. foster parent, agency or institution, so state.} - - 5. The name, present address, age and date of birth of each child affected by this proceeding are as follows: Name Address rP 4s? rr)a.??i e_ o'--'Ro n D - 0-1 T- ` 7 Date of Birth Social Securitv # 4 Custody/Visitation Petition _ 7_. Page 2 6.1 This procee is commenced pursuant to section(s) _ of-the Femilk(court Act (in that an order of referral was made and entgbrkI on by the supreme court, ?-=( IJ County, referring the issue of '(custody) (visitation) to the Family Court of the State of New York in 7^d f^r t-be CCounty of ) . CHECK ONLY THOSE PROVISIONS WHICH APPLY IN NUMBERS 7 - 11 7. Petitioner and Res opd,? ent were married on u-n K 4? 1997 at RayYiSb?Y? and onUtn fC)10??1 0.z 19q (were separated by court judgment) --(were. separated by A3reement) (were separated without written agreement) ,(were divorced) (the marriage was annulled)-) (A true copy of the (judgment) (separation agreement) is attached hereto.)•? 8. (An order _$f-- iliation was made) (A paternity agreement or compromise was approved) by the Family Court County of on 19 ,. concerninge' t? more of the child(ren) who Us) (are) the subject of this _ proceeding. P true copy of said- (order) (ag. n is annexed liem-eLa:--7?k\_K 5 %,1 • a-Ry(_1Y 0Q 9 _? 9. (Upon information and belief) (Petitioner) (Respondent) obtained custody of the child(ren) on(D(xQ yW Q?, 19 (by) (wi ) an o der or judgment of court, s follows: c?5\ ?ev m 10. A copy of the order (s) or judgment (s) directing (custody) (visitation) is annexed hereto. 11. There has been a change of circumstances since entry of the (order) (judgment) directing (custody) (visitation) in that: Custody/visitation Petition Page 3 12. No previous application has been made to any court or judge for the relief herein requested, except: 13. It would be in the best interest of the child(ren) to have (custody) (visitation) awarded to the petitioner' for the following reasons : bO '-I-, (?1 Vre, 0-,6 -? sue`" me??-e?-0 P-00 5D ??Se l -? o G?e SIe e o c? See ct, 4-aGh-e.. fa,?? add%-4-on 4-D num.be E J WHEREFORE, petitioner prays for an order awarding (custody) (visitation) of the child(ren) named herein to (the petitioner) ( ) and for such other and further relief as the'Court may determine. Dated: ( Q I 20 Petitioner 1;cha rd Print or type l.L Q Y7 0 name Signature of Attorney, if any Attorney's Name (Print or Type) Attorney's Address & Telephone Custody Petition Additions to #13 The mother of Emily does not have permanent housing. Right now, she is staying with friends. That is her ex-boyfriend and his wife. Theresa is abusing drugs and alcohol and I am concerned for Emily's safety. Because of her abuse of alcohol and drugs, Theresa neglects Emily's medical and physical well-being. Theresa called me on Saturday because she was frustrated with Emily and was afraid that she might hurt Emily. She wanted me to come to get Emily right away. When I was in the house on Sunday, January 21, 2001, there was no food in the house. The only thing that was there was candy and milk. Theresa does not take Emily to the doctor when she has a cold or more serious problems. Theresa has stated to me over the phone that when Emily doesn't want to go to sleep, Theresa locks her in the room and lets her scream herself to sleep. On Monday, January 22, 2001, I took Emily to Dr. Williams at Bassett Healthcare at O'Connor, because Emily had problems hearing and complained of pain in her ears. He found dry build-up of wax that had to be in there longer than 3 months. It took him an hour to get her ears unclogged. He also checked her for a rash and he said it was a yeast infection. Theresa neglected to take care of the problems. VERIFICATION .r. STATE OF NEW YORK ) COUNTY OF DELAWARE ) SS.: 7S ( C K.ci(G( rPG4-Ca') C? being duly sworn, says that -Whe is the petitioner in the above-entitled proceeding'and that. the foregoing petition is true to (his) HwmT'own'knowledge,.except.': as to matters herein stated to be alleged on information and'ulief and as to those matters 1s-)-he believes it to be true. Petitioner Sworn to before me this Co day of -Jar-) v" , (Dep y) Cle ( "U_? r of the Court Notary Public 66mm 20. 1 9 /2 PLEASE NOTE: All Custody and visitation petitions will be referred to Dispute Resolution Center (Mediation) unless you specifically decline this service by signing below. I HEREBY DECLINE TO HAVE MY CASE REFERRED TO MEDIATION (Sign) AFFIDAVIT SUPPLEMENTING CUSTODY PETITION (This affidavit must accompany all original petitions for custody and any petition for modification of an existing custody or visitation order) STATE OF NEW YORK ) COUNTY OF DELAWARE ) SS.: being duly sworn, deposes and says under penalty of perjury: 1. I am the petitioner in the petition to which this affidavit is attached. 2. The present address at which t'73 ?d(jen) w o is/are the subject of the at c d e tion currentl side(s) is. S I a /7 'e. r Ip f ax 141 t?yAa?'Y??(?M ?v?, I: ?`7^6L_ 3. During the five years before the date of the attached petition, the child(ren) have/has resided at. the places, and with the persons named, whose addresses were last known to me to be as stated, during the periods indicated: (a) Period in question (b) Place where and persons (c) Current address of (most recent first) with whom resided person in (b) lf411o/ to )of IOZ4(2-ratij5kpv)6mQ .?. gE1136,'4G/?/ 7ie0."y,/P` (p ?Q(\* to ? D ( / 1 ! n` e- V- - (? o' ? ;ti V? h5 f6u7 ? '411 uf? R?toQ//Z)/mo441e?- m;?? ?????s?ealc? 4arr,5h&(j f to -na ?1 N - nPani1 PCj IQVI ,?9 5 4. I further declare that I (have) (have not) participated as a party or witness or in any other capacity in any other litigation concerning the custody of the same child(ren) in this or any other state. (If answer is affirmative, set forth details) /V o 5. I (have) (have not) information of any previous custody proceeding or agreement concerning the child(rrenn) in this or any other state. (Insert details if affirmative) /V 6. I (do) (do not) know of any person not a party to this proceeding who has physical custody of the child(ren) or claims to have custody or vtation rights with respect to the child(ren). (If affirmative, insert details) 7. I make this affidavit as required by Section 75-j of the Domestic Relations Law'of the State of New York, knowing that the Court will rely on the information herein stated in determining the proceeding commenced upon e'he attached petition. Sworn to before me this day of JG-tl J 0--' X5_p? O O n? ?' f D Notary' Pbli ( /.2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, Plaintiff NO. 01- 6 9S' V. RICHARD F. RUFRANO, Defendant IN CUSTODY COMPLAINT IN CUSTODY > <_' C t? Cn P- ? 1?- l7 CV AND NOW comes the Plaintiff, THERESA L. WHEATLEY, by and through her attorney, Maryann Murphy, Esquire, of MidPenn Legal Services, and respectfully files this Complaint in Custody, and in support thereof avers as follows: 1. Plaintiff is THERESA L. WHEATLEY who resides at 217 East Walnut Street, Shiremanstown, Cumberland County, Pennsylvania. 2. Defendant is RICHARD F. RUFRANO who resides at RR1, Box 41H, Hamden, New York. 3. The minor child involved in this action is: EMILY MARIE RUFRANO, born December 19, 1997 4. Plaintiff is the biological mother of the minor child. Civil Term 5. Defendant is the biological father of the minor child. 6. The child was born out of wedlock. 7. The child has resided with Plaintiff since birth. on January 24, 2001, Defendant picked up the child from Plaintiff's residence for a three-day visit, and is now refusing to return her to Plaintiff's custody. 8. During the lifetime of the child, she has resided with the following persons at the following addresses: Dates Addresses birth-2/98 4406 Chestnut Street Camp Hill, PA 2/98-3/98 Nomad Motel Lancaster, PA 3/98-4/98 2880 Terry Lane Lancaster, PA 4/98-12/98 4406 Chestnut Street Camp Hill, PA 12/98-6/1/00 5 Adams Street Apartment #10 Enola, PA 6/1/00-present 217 East Walnut Street Shiremanstown, PA 9. Plaintiff is single. Persons Plaintiff/Defendant Plaintiff's parents Plaintiff/Defendant Plaintiff/Defendant Plaintiff/Plaintiff's parents Plaintiff Plaintiff 10. Defendant is married. 11. Under a Protection from Abuse Order issued on July 16, 1998 in Lancaster County, Pennsylvania, Plaintiff was awarded primary physical custody of the minor child. (The Order is attached hereto, incorporated by reference herein and marked as Exhibit "Al y) . 12. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the minor child in this or any other Court, except as set forth above. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or in any Court except that Defendant told Plaintiff that he had "made application" for custody of the child in New York. Plaintiff has not been served with any documents from New York. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child, or claims to have custody or visitation rights with respect to the child. 15. Each parent whose parental rights to the minor child have not been terminated, and the person who has physical custody of the child, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 16. The best interests and permanent welfare of the minor child will be served by granting primary physical custody to Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree granting her primary physical custody of EMILY. Respectfully submitted: 1,V1A( ? AA 1 Maryan Murphy, Es i e MIDPENN LEGAL SERVICE 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. #61900 Attorney for Plaintiff VERIFICATION I, THERESA L. WHEATLEY, do hereby verify that I am the Plaintiff in the within action, and that the statements made in the foregoing Complaint in Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date THERESA L. WHEATLEY M IN THE COURT OF COMMON PLEAS OF '-ANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Teresa Rufrano r =' V. No. Cl - 98 -04762 Richard Rufrano Protection From Abuse - T? ORLITR AND NOW, this day of July, 1998, upon agreement of the parties in open Court, without a finding of abuse and without admitting to the allegations in the Petition, the following Protective Order is entered: 1. Defendant, Rufrano, is hereby prohibited from abusing, stalking, threatening, or harassing in any manner, including by telephone, Theresa Rufrano, either physically or by verbal threats, wherever she may be and is specifically excluded from her current residence, or any other residence she may establish. The Defendant is further prohibited from having contact or communication by any means with the Plaintiff. Communication regarding the child of the parties, shall be conducted through the Plaintiffs parents or Children and Youth caseworker, Janelle, of Cumberland County. The Defendant is further restrained from entering the place of employment or business or school of the Plaintiff and/or minor child. 2 Primary physical custody of the child of the parties, Emily Marie, age 7 months, is granted to the Plaintiff, mother. Defendant shall have supervised visitation at the ?-,Aki k NOTICE OF ENTRY OF ORDER OF DECREE PURSUANT TO PA.R.C.P. NO:236 NOTIFICATION-THE ATTACHED DOCUMENT HAS BEEN FILED IN THIS CASE. I PROTHONOTARY OF LANCASTER CO.. PA DATE: .Its 1 7 199E i Cumberland County Children and Youth Agency, the specifics of said supervised visitation to be determined by Janelie, the assigned caseworker. 3. The Plaintiff may retrieve her possessions including the birth certificate and social security card of the minor chid, from a shed located at the Defendants former residence, the location he stated her belongings were contained within, at her convenience. 4. The Defendant is hereby notified that if he violates this Order, he may be held in indirect criminal contempt which is punishable by a fine not to exceed $1,000 and by a sentence of up to six (6) months in jail and by other possible relief, or he may be held in civil contempt. Beginning to or resumption of living at a residence to which the Defendant is excluded by this Order could result in a finding of indirect criminal contempt or civil contempt Consent of the Plaintiff to resume contact or cohabitation does not invalidate, nullify, or void the provisions of this Order as it relates to the prohibition against abuse. Further, any violation of this Order may also constitute a crime under the Pennsylvania Criminal Code, and those penalties may be in addition to those imposed as contempt pursuant to this Order. 5. Any police department having appropriate jurisdiction pursuant to the Protection From Abuse Act, 23 P.S. §6101 et seg., may arrest Defendant for violation of said Order without warrant upon probable cause whether or not the violation is committed in the presents' of the police department 7 he Defendants date of birth is April 3, 1%55, and his social security number is 128585574. 6. This Order shall remain in effe•. for five months from the date thereof. 7. Costs of this proceeding are placed on the Defendant Costs are to be paid at the Office of the Prothonotary of Lancaster County by September 16, 19N. BY THE COURT: ATTEST: Z2 Copies to: ?County Control Legal ft;ea DaFarl..ont Pennsylvania State Police Defendant- ??a J. Copies received at Courthouse: (?J Central Pennsylvania Legal Services Attorney for Plaintiff, Rebecca Cheuvront, Esquire (3) (? Attorney for the Defendant, Michael Mongiovi, Esquire/P.D.<Z) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, Plaintiff NO. 01- v. RICHARD F. RUFRANO, Defendant IN CUSTODY CERTIFICATE OF SERVICE Civil Term I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2001, a true and correct copy of the Complaint in Custody was served upon the Defendant by placing a copy of same in the United States Mail, first class, postage prepaid, certified/restricted delivery, addressed as follows: Richard F. Rufrano RR1 Box 41H Hamden, N.Y. 13782 o?A )4 1 iya4 Murphy, Esquire MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D.#61900 Attorney for Plaintiff c?, ,, - ,_ .?; C` `u ?? _` ? _ A r? (?'> ?J T? u .? G THERESA L. WHEATLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD F. RUFRANO, Defendant NO. 01-0675 CIVIL TERM ORDER OF COURT AND NOW, this 8'h day of February, 2001, upon relation of Marynn Murphy, Esq., attorney for Plaintiff, that a custody conciliation hearing is no longer necessary due to the court's ruling on Plaintiff's Petition for Special Relief on February 8, 2001, the Complaint in Custody is deemed moot. Maryann Murphy, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff Mr. Richard F. Rufrano RRI, Box 41 H Hamden, NY 13782 Defendant, Pro Se BY THE COURT, J. esley Oler, r. J. oQ??gOr Court Administrator -/1dn-l" :rc L IN THE COURT OF COMMON PLEAS OF CIIMSERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAMP THERESA L. WHEATLEY, Plaintiff V. RICHARD F. RUFRANO, Defendant s NO. 2001- 675 Civil Term IN CUSTODY AMENDED COMPLAINT IN CUSTODY AND AMENDED PETITION FOR SPECIAL RELIEF AND NOW comes the Plaintiff, THERESA L. WHEATLEY, by and through her attorney, Maryann Murphy, Esquire, of MidPenn Legal Services, and respectfully files this Amended Complaint in Custody and Amended Petition for Special Relief, and in support thereof avers as follows: 1. Plaintiff is THERESA L. WHEATLEY who is temporarily residing at 15 Courtland Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is RICHARD F. RUFRANO whose address is RR1, Box 41H, Hamden, New York. 3. In paragraph number 9 of the Complaint in Custody, it is indicated that Plaintiff is single. 4. In Paragraph number 2 of the Petition for Special Relief, it is indicated that Plaintiff is unmarried. 5. Plaintiff and Defendant were married on October 19, 1997 in Cumberland County, Pennsylvania. 6. At the time of the parties' marriage, Defendant was married to Annette Idalia Reveron since September 14, 1983. That marriage was never dissolved by divorce or annulment. 7. Defendant is currently on probation for bigamy and false swearing. 8. After charges were filed against Defendant, a police officer with the East Hempfield Township Police Department in Lancaster County, Pennsylvania told Plaintiff that she should consider herself single since she was not legally married. 9. In order to clarify Plaintiff's marital status, this amended pleading is filed to indicate that Plaintiff is actually in a void marriage with Defendant. WSEREFORS, Plaintiff respectfully requests this Honorable Court to note Plaintiff's actual marital status. Respectfully submitted: AQ Maryan Murphy, Es it MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. #61900 Attorney for Plaintiff VERIFICATION I, THERESA L. WHEATLEY, do hereby verify that I am the Plaintiff in the within action, and that the statements made in the foregoing Amended Complaint in Custody and Amended Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Q -13-o( `-I kwo, & W? Date THERESA L. WHEATLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA L. WHEATLEY, Plaintiff V. RICHARD F. RUFRANO, Defendant : NO. 2001- 675 Civil Term IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2001, a true and correct copy of the Amended Complaint in Custody and Amended Petition for Special Relief was served upon the Defendant by placing a copy of same in the United States Mail, first class, postage prepaid, certificate of mailing, addressed as follows: Richard F. Rufrano RR1 Box 41H Hamden, N.Y. 13782 1 Maryann Murphy, Esquire MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717} 243-9400 I.D.#61900 Attorney for Plaintiff ;' Theresa L. Wheatley, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO: 01-0675 CIVIL TERM Richard F. Rufrano, CIVIL ACTION -LAW Respondent IN CUSTODY PETITION TO MODIFY CUSTODY Petitioner is Richard Rufrano, who resides at 2626 Northfield Dr., East Petersburg, Pennsylvania 17520. 2. Respondent is Theresa L. Wheatley, who resides at Six Links Trailer Park. Lot #17, Mechanicsburg, Pennsylvania 17055 3. On February 8, 2001, the Honorable J. Wesley Oler entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Father has moved from New York to Pennsylvania; therefore, it is much easier for Father to exercise partial physical custody on weekends. b) Mother is not allowing Father to see child under the current Custody Order. 5. The best interest of the children will be served by the Court modifying said Order. follows: WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as Father shall have shared legal custody and shall exercise partial physical custody every other weekend from Friday at 5:00 PM until Sunday at 8:00 PM. Respectfully submitted, ROMINGER, BAYLEY & WHARE --A Date: /G ?q P I? /ire Michael J. Whare, Es 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 89028 Attorney for Petitioner Theresa L. Wheatley, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 01-0675 CIVIL TERM Richard F. Rufrano, CIVIL ACTION -LAW Respondent IN CUSTODY VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: 1,2 - 16 - o "/ . Richard F. Rufrano Theresa L. Wheatley, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 01-0675 CIVIL TERM Richard F. Rufrano, CIVIL ACTION -LAW Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Richard F. Rufrano, Petitioner, do hereby certify that I this day served a copy of the within Motion upon the following by depositing same in the United States mail, Certified/Return Receipt Requested, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Theresa L. Wheatley Six Links Trailer Park, Lot #17 Mechanicsburg, PA 17055 Dated: 10 - f 6 -0 q Michael J. Whare, Esqu' e Attorney for Petitioner THERESA L. WHEATLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD F. RUFRANO, Defendant 01-0675 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of February, 2001, upon consideration of Plaintiff's Petition for Special Relief-Temporary Order Pursuant To Pa.R.C.P 1915.13 with respect to custody of the parties' child, Emily Marie Rufrano (date of birth December 19, 1997), and pursuant to an agreement reached in open court between Plaintiff and her counsel, Maryann Murphy, Esquire, and Defendant, pro se, it is ordered and directed as follows: 1. The parents shall advise each other of all important matters concerning their minor child. 2. Mother shall have primary custody of Emily. 3. Father shall have partial physical custody of Emily on the following schedule: (a) One weekend per month from Friday at 5:00 p.m. until Sunday at 8:00 p.m., the first weekend being February 16th, 2001. (b) One week per month, that first week being March 2nd through March 10th of 2001. The hours shall be from Friday at 5:00 p.m. until Saturday at 10:00 a.m. (c) And at other times as agreed by the parents. 4. Father's Day weekend will be with father and Mother's Day weekend will be with mother from Friday at 5:00 p.m. until Sunday at 8:00 p.m., regardless of the usual schedule. EXR/t3/r "A" 5. The parents shall share and alternate the Christmas holiday each year. Father shall have his week of custody with the minor child during the Christmas holiday. in 2001 and in all odd years thereafter, mother's share of the Christmas holiday shall include Christmas Day. In 2002 and all even years thereafter, father's share of the Christmas holiday shall include Christmas Day. 6. Thanksgiving shall be alternated each year by the parents with father having Thanksgiving in 2001 and in all odd years thereafter and mother having Thanksgiving in 2002 in all even years thereafter. The hours shall be from Wednesday at 5:00 p.m. until Sunday at 8:00 p.m. 7. All holiday schedules shall take priority over the regular schedule. 8. Neither the parents nor anyone in the household shall use illegal drugs or abuse alcohol. 9. By mutual agreement of the parents, this schedule can be revised in the best interest of the child 10. It is noted that the Defendant has indicated that he will be withdrawing a custody action, which had been filed in the State of New York. By the Court, e J? Wes ey O1 Jr . , 3 Maryann Murphy, Esquire Richard F. Rufrano, Pro se MidPenn Legal Services RR1 Box 41H 8 Irvine Row Hamden, NY 13782 For the Defendant Carlisle, PA 17013 - d1?? For the Plaintiff Uy; '!' It ? "?'? -?, a CAS ? W ( - 17 y,7 THERESA L. WHEATLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD F. RUFRANO DEFENDANT 01-675 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 30, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January 21, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be 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/ Hubert X. Gilroy Es q. 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 17013 Telephone (717) 249-3166 M 4v -s. Vflj;.t', C" Fn ; L IN' V ?V ikl ? .J? Nvp JLUV ?! Lf i ?[ i t? iii 7 t 20 Theresa L. Wheatley, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA Vi. NO: 01-0675 CIVIL TERM Richard F. Rufrano, CIVIL ACTION -LAW Respondent IN CUSTODY PETITION TO MODIFY CUSTODY Petitioner is Richard Rufrano, who resides at 2626 Northfield Dr., East Petersburg, Pennsylvania 17520. 2. Respondent is Theresa L. Wheatley, who resides at Six Links Trailer Park. Lot #l 7, Mechanicsburg, Pennsylvania 17055 3. On February 8, 2001, the Honorable J. Wesley Oler entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Father has moved from New York to Pennsylvania; therefore, it is much easier for Father to exercise partial physical custody on weekends. b) Mother is not allowing Father to see child under the current Custody Order. 5. The best interest of the children will be served by the Court modifying said Order. follows: WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as Father shall have shared legal custody and shall exercise partial physical custody every other weekend from Friday at 5:00 PM until Sunday at 8:00 PM. Respectfully submitted, ROMINGER, BAY]LEY & WHARE Date: /?^/6 r aq F I`_?? &A Michael J. Whare, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 89028 Attorney for Petitioner Theresa L. Wheatley, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 01-0675 CIVIL TERM Richard F. Rufrano, CIVIL ACTION -LAW Respondent IN CUSTODY VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: 1#2 - /G - O "/ Richard F. Rufrano Theresa L. Wheatley, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 01-0675 CIVIL TERM Richard F. Rufrano, CIVIL ACTION -LAW Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Richard F. Rufrano, Petitioner, do hereby certify that I this day served a copy of the within Motion upon the following by depositing same in the United States mail, Certified/Return Receipt Requested, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Theresa L. Wheatley Six Links Trailer Park, Lot #17 Mechanicsburg, PA 17055 Dated: / 0) 46-0 Michael J. Whare, Esqu' e Attorney fox Petitioner THERESA L. WHEATLEY, Plaintiff V. RICHARD F. RUFRANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0675 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of February, 2001, upon consideration of Plaintiff's Petition for Special Relief-Temporary Order Pursuant To Pa.R.C.P 1915.13 with respect to custody of the parties' child, Emily Marie Rufrano (date of birth December 19, 1997), and pursuant to an agreement reached in open court between Plaintiff and her counsel, Maryann Murphy, Esquire, and Defendant, pro se, it is ordered and directed as follows: 1. The parents shall advise each other of all important matters concerning their minor child. 2. Mother shall have primary custody of Emily. 3. Father shall have partial physical custody of Emily on the following schedule: (a) One weekend per month from Friday at 5:00 p.m. until Sunday at 8:00 p.m., the first weekend being February 16th, 2001. (b) One week per month, that first week being March 2nd through March 10th of 2001. The hours shall be from Friday at 5:00 p.m. until Saturday at 10:00 a.m. (c) And at other times as agreed by the parents. 4. Father's Day weekend will be with father and Mother's Day weekend will be with mother from Friday at 5:00 p.m. until Sunday at 8:00 p.m., regardless of the usual schedule. 5. The parents shall share and alternate the Christmas holiday each year. Father shall have his week of custody with the minor child during the Christmas holiday. In 2001 and in all odd years thereafter, mother's share of the Christmas holiday shall include Christmas Day. In 2002 and all even years thereafter, father's share of the Christmas holiday shall include Christmas Day. 6. Thanksgiving shall be alternated each year by the parents with father having Thanksgiving in 2001 and in all odd years thereafter and mother having Thanksgiving in 2002 in all even years thereafter. The hours shall be from Wednesday at 5:00 p.m. until Sunday at 8:00 p.m. 7. All holiday schedules shall take priority over the regular schedule. 8. Neither the parents nor anyone in the household shall use illegal drugs or abuse alcohol. 9. By mutual agreement of the parents, this schedule can be revised in the best interest of the child 10. It is noted that the Defendant has indicated that he will be withdrawing a custody action, which had been filed in the State of New York. By the Court, Maryann Murphy, Esquire J MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ??- Lcb ti1? For the Plaintiff it Clx r? Richard F. Rufrano, Pro se RR1 Box 41H Hamden, NY 13782 For the Defendant ?y V V p?.?\ W \, r. '+ ?` i.?, _? S. _.,? ? J C",1 .' ? rl,. • ?" ? w.a V \? ?/ ;" ? `"1 t . _.? 1 _. I "+ . ? J. 1 ? .? 1A hi 2 6 2005 THERESA L. YEAGER, formerly IN THE COURT OF COMMON PLEAS OF Theresa L. Wheatley Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RICHARD F. RUFRANO, : NO. 01-0675 Defendant : IN CUSTODY COURT ORDER AND NOW, this ? day of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered that this Court's prior Order of February 8, 2001 is vacated and replaced with the following Order: 1. The Mother, Theresa L. Yeager, and the Father, Richard F. Rufrano, shall enjoy shared legal custody of Emily Marie Rufrano, born December 19, 1997. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary partial physical custody with the minor child as follow: a. On alternating weekends from Friday at 5 p.m. until Sunday at 6 p.m. b. At such other times as agreed upon by the parties. 4. The parties shall work between themselves and their attorneys with respect to creating a schedule for holidays and vacation time for the Father. In the event the parties are unable to reach an agreement on those issues, counsel for either party may contact the Custody Conciliator directly to schedule another conciliation conference. cc-4 ichael J. Ware, Esquire /. ?eaanne Costopoulos, Esquire /Theresa L. Yeager BY THE COURT, tf'? ?y C+"d -1a L f=' GV ?^' uJ THERESA L. YEAGER, formerly Theresa L. Wheatley Plaintiff v RICHARD F. RUFRANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-0675 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Emily Marie Rufrano, born December 19, 1997. 2. A Conciliation Conference was held on January 21, 2005, with the following individuals in attendance: The Father, Richard F. Rufrano, with his counsel, Michael J. Whare, Esquire, and the Mother, Theresa L. Wheatley, who appeared without counsel. She indicated that she had previously retained Jeanne Costopoulos who was not in attendance and who could not be reached by phone. 3. The parties agreed to modify the alternating weekend schedule but there is a disagreement with respect to some holidays and some miscellaneous issues. The Conciliator recommends a weekend schedule consistent with the standard weekend schedule in Cumberland County. The Conciliator will direct the parties to work through their attorneys to determine if the other minor issues can be worked out and, if not, the Conciliator will convene another Conciliation Conference. 4. The Conciliator recommends an Order in the form as attached. / as-off DATE Hubert X. Custody C THERESA L. YEAGER (formerly Wheatley): THE COURT OF COMMON PLEAS OF Plaintiff VS. RICHARD F. RUFRANO, Defendant CUMBERLAND COUNTY, PENNSYLVANIA No. 01-0675 CIVIL CIVIL ACTION - AT LAW IN CUSTODY AND NOW, come the parties, Theresa L. Yeager and Richard F. Rufrano, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, Theresa L. Yeager (the Mother hereinafter) and Richard F. Rufrano (the Father hereinafter), have born to them one child, namely Emily Marie Rufrano, born December 19, 1997 (the Child hereinafter); and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The Mother, Theresa L. Yeager, and the Father, Richard F. Rufrano, shall enjoy shared legal custody of Emily Marie Rufrano, born December 19, 1997. 2. The Mother shall enjoy primary physical of the minor child. 3. The Father shall enjoy periods of temporary partial physical custody with the minor child as follows: (a) Alternating weekends from Friday at 5:00 p.m. until Sunday at 6:00 p.m. (b) At such other times as agreed upon by the parties. 4. Each parry is entitled to two (2) non-consecutive weeks of vacation with the child per child. The parties shall notify each other at least one week ahead of time if a vacation week is to be used. Vacation weeks shall not be scheduled during another person's holiday time with the child. 5. Holidays: (a) Every year, the child shall be with Mother on Mother's Day and shall be with Father on Father's Day. (b) The parties shall alternate Easter with Mother having the child all odd numbered years and Father having the child all even-numbered years. (c) The parties shall alternate firework's night to celebrate Independence Day with Father having the child for firework's night all odd-numbered years and Mother having the child for firework's night all even-numbered years. (d) In all odd-numbered years, Mother shall have the child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and Father shall have the child from 3:00 p.m. until 9:00 p.m. In all even-numbered years, Father shall have the child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and Mother shall have the child from 3:00 p.m. until 9:00 P.M. (e) In all odd-numbered years, Mother shall have the child on Christmas Day from 9:00 a.m. until 2:00 p.m. and Father shall have the child from 2:00 p.m. until 9:00 p.m. In all even-numbered years, Father shall have the child on Christmas Day from 9:00 a.m. until 2:00 p.m. and Mother shall have the child from 2:00 p.m. until 9:00 p.m. (f) The holiday schedule shall supersede any other section contained in this agreement. 6. Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notify the other party of said circumstances. Neither party shall remove the child from Pennsylvania without consent of the other party. If either party exercises custody away from home, that party shall provide the address and phone number of where they will be staying before leaving the area. Both Parties shall have the right to reasonable telephone contact with the child during the other party's period of custody. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 8. Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. 9. Any of the provisions of this Agreement may be modified or deleted upon mutual consent/agreement of both parties or upon Petition to the Court for Modification. 10. This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Agreement be entered as an order of court, hereby set their hands and seals and the date of their acknowledgment. THERESA L. YE GE RICHARD F. R RANO Date Date /Witness M L^ Witness y z ? 2?1?5 THERESA L. YEAGER (formerly Wheatley): THE COURT OF COMMON PLEAS IPF Plaintiff : CUMBERLAND COUNTY, PENNSfLVANIA vs. RICHARD F. RUFRANO, Defendant No. 01-0675 CIVIL CIVIL ACTION - AT LAW IN CUSTODY AND NOW, this 1--? day ofI!;lj a , 2005, upon consideration of the Petition to Enter Stipulation as an Order of Court, the Petition is hereby granted. BY THE COURT: J. G? 0? :I 1 Wa Z2 8vw 9001 i,',V.t NOH.LG8d 3H! 1',0-13114 THERESA L. YEAGER, formerly : IN THE COURT OF COMMON PLEAS OF Theresa Wheatly : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : Civil Action- Law No. 01-0675 RICHARD F. RUFRANO, Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Richard F. Rufrano by and through his counsel, Michael J. Whare, Esquire and in support of his Petition to Modify Custody avers as follows: 1. Petitioner is Richard F. Rufrano, an adult individual who resides at 538 Walnut St., Columbia, Pennsylvania 17512. 2. Respondent is Theresa L. Yeager, an adult individual who resides at Six Links Trailer Park, Lot #17, Mechanicsburg, Pennsylvania 17055. 3. On March 21, 2005, the Honorable J. Wesley Oler entered a Custody Order based on a stipulation entered into by the parties. (Attached as Exhibit A) 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Father has not seen his daughter in over two months despite Court Order indicating that he has partial custody on alternating weekends. b) Father is concerned that Mother is abusing drugs while the child is in her custody and is therefore unreliable as a custodian of the child. C) Father avers that Mother is unstable and the living conditions at her home are not suitable for child. d) The child's grades in school have suffered based on the facts above. e) Father is concerned that Mother's current boyfriend is a convicted sex offender and has unsupervised contact with his daughter. f) Father avers that he is best able to provide the care and nurture that the child needs for a healthy development. 5. The best interest of the child will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant modification of the Custody Order as follows: Father shall have primary physical custody of child subject to periods of partial physical custody in Mother. Respectfully submitted, Date: ?l3-0 7 /J, A Michael I Whare, squire 3 7 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff THERESA L. YEAGER, formerly : IN THE COURT OF COMMON PLEAS OF Theresa Wheatly : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : Civil Action- Law No. 0l -0675 RICHARD F. RUFRANO, Defendant : IN CUSTODY 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.C.S. ? 4904 relating to unsworn falsification to authorities. Date: 01 Richard F. Rufrano, etitioner THERESA L. MEAGER, formerly : IN THE COURT OF COMMON PLEAS OF Theresa Wheatly : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. RICHARD F. RUFRANO, Defendant Civil Action- Law No. 01-0675 IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Theresa Yeager Six Links Trailer Park Lot #17 Mechanicsburg, PA 17055 l Dated: Michael J. Whare, Esquire Attorney for Plaintiff Z Fi; (?7( THERESA L. YEAGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD F. RUFRANO DEFENDANT 01-0675 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 26, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 01, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be 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/ Hubert X. Gilroy, 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 17013 Telephone (717) 249-3166 1-14 A, f?E r -A Ano m fi S :Z Wd 9Z ddV LOOZ o, THERESA L. YEAGER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-0675 CIVIL ACTION - LAW RICHARD F. RUFRANO, IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Theresa Yeager, in the above captioned case. J#gca Mist, Esquire %dPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 15-1 11. ()--? A w THERESA L. YEAGER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-0675 CIVIL ACTION -LAW RICHARD F. RUFRANO, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Plaintiff, Theresa Yeager, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Michael J. Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 Date: II KdPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 C1 G ? " ? -'T : ? "? f?'N "? - j?- ' i _ - ! i -?{`, ts' ?s ? '.. ? 1F, ?,? ` ..f°" f. ..-??, ? ,r' ff ?? N ? C.a JUN 0 6 2007 W? w THERESA L. WHEATLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : COUNTY, PENNSYLVANIA V. : NO. 01-0675 : CIVIL ACTION - LAW RICHARD F. RUFRANO, Defendant IN CUSTODY COURT ORDER AND NOW, this 'f T? day of June, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. This Court's prior Order of March 21, 2005 shall remain in place. 2. For purposes of clarification, Father shall exercise custody with the minor child over the next month as follows: a. From Friday, June 1, 2007, at 5:00 p.m. until Sunday, June 3, 2007 at 6:00 p.m. b. From Friday, June 15, 2007 at 5:00 p.m. until Sunday, June 17, 2007 at 6:00 p.m. C. From Friday, June 29, 2007 at 5:00 p.m. until Sunday, July 1, 2007 at 6:00 p.m. cc: 3. Legal counsel for the parties shall conduct a telephone conference call with the Custody Conciliator on Thursday, July 5, 2007 at 8:00 a.m., with the Conciliator initiating the telephone call. Counsel for the parties shall notify the Conciliator in advance of the July 5, 2007 phone call as to what numbers they may be reached at for purposes of the conference call. 4. The purpose of the telephone conference is to determine how visitation is going pursuant to this Order. The Conciliator may recommend further modifications of the Order as necessary. Both parties reserve the right to request a hearing in the event matters are not going well, or in the event Father is seeking more time with the minor child at that time. Jessica Hoist, Esquire Michael J. Whare, Esquire :?rn4 G ??'a r, ti- -, i"" F:OLESIGeneral\Current112321112321.1.yeager v. rufrano.reportl/nlm Created: 9/20/04 0:06PM ?p.med: 615107 10:40AM ' 12321.1 THERESA L. WHEATLEY, Plaintiff V. RICHARD F. RUFRANO, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA : NO. 01-0675 : CIVIL ACTION - LAW : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Emily Marie Rufrano, born December 19,1997. 2. A Conciliation Conference was held on June 1, 2007, with the following individuals in attendance: The mother, Theresa L. Wheatley, with her counsel, Jessica Holst, Esquire, and the father, Richard F. Rufrano, with his counsel, Michael Whare. 3. Father is suggesting that mother is not cooperating with respect to the existing Custody Order. Mother is suggesting that Father is not showing up or is not taking advantage of the Custody Order. Obviously, the Conciliator is not in a position to figure out what has been happening over the past four or five months. 4. The Conciliator recommends that the party have a set schedule pursuant to Order of Court for number of weeks after which the parties will meet again with the Custody Conciliator for a conference. 5. The Conciliator recommends an Order in the form as attached. Date: (,/-r/ d- ubert X,Gilroy, Esquire