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HomeMy WebLinkAbout04-3689 Barbara Sump1e-SuJlivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC 1. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYL VANIA v, CIVIL ACTION - CUSTODY SHANNONL.MANDERBACH, Defendant NO. {)L/- 3(;, '61 CUSTODY COMPLAINT 1. Plaintiff, Eric 1. Manderbach, (hereinafter referred to as "Father"), who currently resides at 2208 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050, 2, Defendant, Shannon L. Manderbach (hereinafter referred to as "Mother"), who currently resides at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks shared legal and equal physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Dylan 1. Manderbach 920 Magnolia Drive Enola, P A 17025 Februaly 19, 1999 Ryan 1. Manderbach 920 Magnolia Drive Enola. P A 17025 March 1,2001 4. The children are presently in the custody of Mother, who currently resides at the address stated above. 5. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOLD 1999-5/6/04 2208 Warren Way Mother, Father, Mechanicsburg, P A 17050 and children 5/6/04- Present 920 Magnolia Drive Mother Enola, P A 17025 and children 6, The Father of the children is Eric 1. Manderbach, residing 2208 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 7. The Mother of the children is Shannon L. Manderbach, residing at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania 17025. The parties are currently separated from each other and have been since May 6,2004. 8. The relationship of the Plaintiff to that of the children is that of Father, The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Self 2 9. The relationship of the Defendant to the children is Mother. The Defendant currently resides with the following persons: NAME Dylan 1. Manderbach Ryan 1. Manderbach RELATIONSHIP Child Child 10, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe children in this or another court. I I, The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth, 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. I3, The best interest and permanent welfare ofthe children will be served by granting the relief requested because Plaintiff is able to provide a loving, stable environment for his children, He has been an active and involved Father. It has been difficult to see his children without incident and Father requests a fixed schedule of equal physical custody. 3 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal custody of the children to Plaintiff and shared equal physical custody of the children to Plaintiff with Defendant enjoying primary physical custody of the children, DATE: July2? 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PAl 7070- I 93 I (717) 774-1445 Supreme Court LD. 323 I 7 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC I MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY SHANNON L. MANDERBACH, Defendant : NO, VERIFICATION I, Eric I Manderbach, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities, Dated: July@2004 ~~ ~~~ ERIC J. ~DEimACH ~ -, VI v-l c- .-..\ o o 7"":" ~ --\-.1 C' ':'1--) Q'>r - o '1, ~ ~ (,..D ( '? -0 ,~. ~ F:' :;:> J () ....., c.-.> ~-"= <= _C'- ,'.: t.._ r~.t c f"'.- '" co :r:'" ::'i: c: ?~ 1') -', -.l @ o .." .-1 :r-n nlr-~ -ofTl "-JY 9(~) ,~~~.; ~~)rn :..-..\ '.... ~.-, :.:<: Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 ERIC J MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY SHANNON 1. MANDERBACH, Defendant : NO. 04-3689 ACCEPTANCE OF SERVICE I, Samuel 1. Andes, Esquire, hereby accept service and acknowledge receipt of the above- captioned Custody Complaint on behalf of my client, Shannon 1. Manderbach, having received said Complaint on the 2!!d day of ~ 2004. I hereby indi<cate I am authorized by my client to accept service on her behalf s ILJ9JQ ~ Attorney for Defendant 525 N, Twelfth Street Lemoyne, P A 17043 (717) 761-5361 Supreme Court ID, "'-' c..., = .;:- ;J>> ,- c':') I U1 o -n ..... :J:,. n1-.... r- -0)1:1 fPy .)c- :"-1 ,.1 iJ.::n v-' :~::: (~) ,")rn 5;,~ ::0 .< cJ :r I).' c.:> r" ERIC J. MANDERBACH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 04-3689 CIVIL ACTION LAW SHANNON L. MANDERBACH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 05, 2004 , upon consideration of the attached Complaint. it is hereby directed that parties and their respective counsel appear before --'ofelissa P. Greevy, Esq, , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, September 07, 2004 at 10:30 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 existinl: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinll. FOR THE COllRT, By: Isl Melissa p, Greev)', Esq, Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Oisabilites 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 ATfORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 ~ ,~ '; ~ Ink:; ~p7 ~ ~t< ~~jp'f' ~kfp7'r9 " 'iiC"\n,Y:j \ 't/"t'\Jf\~t".y",<,.-,(. ,..., I It>. \f\r,;,-, ";{-;\- ',-~JrN'\lnJ (u..l\;' ;-' ~IJ :~ Hd S- :}[i'/ "tlJlJl _ 1\ I ::l\~1 '0 ,\.tI1\ ONC\41Goa :i"lJ. :J , - "'-" ,f' (1:1' \1,1 :100:.\...-"-1-:.1 - /1& 5, ~ A ~.5 !> ;,?7.S r? SEP 1 6 2004 'b ERIC J. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBER:LAND COUNTY, PENNSYLVANIA NO. 04-3689 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. SHANNON L. MANDERBACH, Defendant INTERIM ORDER OF COUIU AND NOW, this J.,./ sT day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custodv. The parties, Eric J. Manderbalch and Shannon L. Manderbach shall have shared legal custody of the minor children, Dylan J. Manderbach, born February 19, 1999 and Ryan J. Manderbach, born March 1, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, rEiligious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other par<ent. All decisions affecting the children's growth and development including, but not Iimit<ed to, choice of camp, if any; choice of child care provider; medical and dental treatment; Psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activiti<es; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 2. Phvsical Custody. Mother shall have temporary primary physical custody of the children subject to Father's liberal rights of partial custody, which shall be arranged as follows: A. To commence on September 9, 2004, on alternating weekends, from Friday at 4:30 p.m. until Sunday at 2:00 p.m. NO. 04-3689 CIVIL TERM B. On one weekend per month when Father does not work on Sunday, Father's custodial period shall be extended until 8:00 p.m. Sunday. C. Commencing on September 15, 2004, on alternating weeks, each Wednesday and Thursday from 4:30 p.m. until 8:00 p.m. D. On alternating weeks commencing September 20, 2004, Monday and Tuesday evenings, from 4:30 p.m. until 8:00 p.m. E. At such times as the parties agree. 3. This Order is temporary in nature pending hearing in which the Court will determine the custodial schedule which is in the best interest of the children. Entry of this Order shall not constitute a finding or agreement that the Defendant is the primary caregiver of these children. 4. A hearing is scheduled in Courtroom Number 5' of the Cumberland County Courthouse, on the 8t:A day of NO Vt..rn6~ ,2004, at /: Ot:) o'clock r .M., at which time testiimony will be taken. For the purposes of the hearing, the Father, Eric J. Manderbach, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the, hearing date. BYT J. Dis!: ~rbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 ~muel L. Andes, Esquire, PO Box 168, lemoyne, PA 17043 zz :8 Hd I 2 ,!:is IleQl i\U\flDI'<UH~J~i,::d 3Hl :10 :rji~j:J.)-(J3-1!, ~j ERIC J. MANDERBACH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBEFILAND COUNTY, PENNSYLVANIA NO. 04-3689 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. SHANNON L. MANDERBACH, Defendant CUSTODY CONCILIATION SUMMAFIY 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 Dylan J. Manderbach Ryan J. Manderbach February 19,1999 March 1,2001 cURRE:NTL Y IN THE CUSTODY OF Mother Mother 2. A Custody Conciliation Conference was held on September 7, 2004 following Father's Complaint for Custody filed on July 28, 2004. The parties separated in May, 2004. Attending the Conference were: the Father, Eric J. Manderbach, and his counsel, Barbara Sumple-Sullivan, Esquire; the Mother, Shannon L. Manderbach, and her counsel, Samuel L. Andes, Esquire. 3. Father's position on custody is as follows: Father reports he has been an active and involved parent. Since the parties' separation, hEl reports difficulty in arranging periOds of custody with the children. He has elected to accept the limited periOds of partial custOdy to which Mother has agreed, knowing that a Custod~' Conciliation Conference was pending. Father's is employed fulltime at Red Lobster. He holds a management position which allows him to have control in setting his schedule. Father seeks equally shared custodial time to include week nights and weekends so that he has the opportunity to partiCipate in the children's bedtime and morning routines as well as getting the oldest child ready for kindergarten in the morning. He would prefer to haVE! overnight periods of custody during the week, rather than returning the children to their Mother in order to give him more time with the children to partiCipate in these activities. He prefers fewer custodial exchanges for the children. Because of Father's ability to control his Work schedule, Father represents that he is able to get the children to daycare or school on time if he were to have custody during the week. NO. 04-3689 CIVIL TERM 4. Mother's position on custody is as follows: Mother reports that she has been the primary caregiver of the children, a role which she wants to maintain. She is employed as a Court Reporter out of the home. The oldest child attends full-time kindergarten from 8:30 a.m. to 3:30 p.m. The younger child is in full-time daycare. Mother's work schedule is described as fluid and is requiring her to be out of the home only three days per week. Mother has no objection to Father having custody in accordance with the weekend schedule or additional time when the children do not have school the next day. However, she believes the children have a schedule which necessitatEis their Sleeping at her home in order to be ready for school the next morning. She finds Father's proposal of two overnight days per week too disruptive to the children and believes that it would be detrimental to the children to have too much back and forth between her home and Father's home. Alternatively, she has indicated a willingness to have FathEir see the children for a period of three and a half hours on two occasions per week, in addition to his weekend periods of custody. Part of her concern regarding the schedule revolves around the importance she places on the oldest child getting on the bus at her residence in Enola to attend school. 5. Issues upon which the Darties aoreed: Sharing legal custody and the alternating weekend schedule. 6. Issues upon which the Darties disaoreec(~ 's request for equally shared physical cust y, Father having the children overnight {" two ekdays each week. q c1b!~u &---r Melissa Peel Greevy, Esquire Custody Conciliator :235022 / ERIC J. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-3689 CIVIL TERM SHANNON L. MANDERBACH, Defendant IN CUSTODY ORDER OF COURT dayofY~ AND NOW this l~~ 1. LEGAL CUSTODY. The parties, Eric J. Manderbach and Shannon L. Manderbach shall have shared legal custody of the minor children, Dylan J. Manderbach, born February 19, 1999 and Ryan J. Manderbach, born March 1, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any choice of child care provider; medical and dental treatment; psychotherapy, or the like treatment, decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 2. PHYSICAL CUSTODY. During the school year, mother shall have primary physical custody of both children and father shall have the following periods of temporary custody: A. Alternating weekends, commencing on Friday, November 5, 2004, from 4:30 p.m. on Friday until 2:00 p.m. on Sunday. On the Sundays when Father does not work, his time with the children will be extended until 8:00 p.m. B. One overnight each week, from 4:30 p,m. on Tuesday until 8:00 a.m. the following day. Also, every Wednesday from 4:30 p.m. until 8:00 p.m. C. Father shall have physical custody of the children for Thanksgiving Day in 2004 from 9:00 a.m. until 8:00 p.m. Mother shall have custody from 8:00 p.m. on Thanksgiving Day through the end of the Thanksgiving weekend. Other holidays shall be as the parties mutually agree. D. For the Christmas holiday in 2004, Mother shall have the children from the evening of December 23, 2004 until 11 :00 a.m. on December 25 and Father shall have the children from 11 :00 a.m. on December 25 until 8:00 p.m. on December 26. E. Such other times as the parties may mutually agree. 3. RIGHT OF FIRST REFUSAL FOR CHILD CARE. In the event that either party will not be available to care for the children for a period of three (3) hours or more during their periods of custody, they will contact the other parent and give them the first opportunity to provide care for the children during that period, before engaging any third party to provide care for the children. Nothing in this paragraph, however, shall preclude either party from arranging for the children to spend time with their extended families. ii I I 4. SUMMER SCHEDULE. The parties have not yet resolved the schedule of custody for the children for summer months. They will continue their negotiations in an effort to reach agreement on such a schedule but, if they are not successful in resolving the summer custody schedule, a hearing is scheduled in Court Room 5 of the Cumberland County Courthouse on the 11th day of April 2005 at 8:30 a.m. at which time testimony will be taken. For purposes of the hearing, Eric J. Manderbach shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness at least ten ('10) days prior to the hearing date, The parties are encouraged, however, to resolve the summer custody schedule by agreement. J. Distribution: ~rbara Sumple Sullivan, Esquire (Attorney for Plaintiff) 549 Bridge Street, New Cumberland, PA 17070 ~amuel L. Andes, Esquire (Attorney for Defendant) 525 N. 12th Street, Lemoyne, PA 17043 ('~ -01 \ \ -\ -, "-", " . .:' ~'~"'\:; l~";" (" \ ~.J; 1, \ 'n ;"~ 1 D\ ,,"'-J.i. \....v'-' I . \! \""" t. t...o : \ ,'.; is ;'~0j:c;A:;%jil ,r. ~..J i: I ERIC J. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-3689 CIVIL TERM SHANNON L. MANDERBACH, Defendant IN CUSTODY STIPULA TION AND NOW the above-named parties, by their undersigned counsel, who represent to the court that they are authorized to make this Stipulation on behalf of their clients, agree that the attached Order should be entered in the above matter and that the hearing scheduled for November 8, 2004 can be canceled as a result. /1 ../ /, c .' / l / / ""..,""......',. ~\,~Ma~Qo Sail el L: An e Sarbara Sumple Sullivan Attorney for Plaintiff ,. Date: 11-,5-0 L( Attorney for Defendant Date: 4 November 2004 () r......) C " r: , (;~ c::'l -n ..c- ... - ~,r:~ (:":> ,,' , I I , .....-...: ( C:;) " : .'. I oo'-", I : ,. '. , (:' , - , " C) .: ') ) 'j ,- (. -,J ....,.. SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE,PENNSYLVANIA 17043 TELEPHONE (7171 761-~361 10 November 2004 FAX (7171 761-143~ The Honorable Edward J. Guido Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Eric J. Manderbach VS. Shannon ,l.. Manderbach No. 04-3689 Civil Term In Custody Dear Judge Guido: The above matter was scheduled for a hearing before you on Monday. At the end of last week the parties reached agreement for the entry of an order which made that hearing unnecessary but may require another hearing in April. Your office was kind enough to give us a date for a hearing in April if we could not resolve the remaining issues by then. I enclose the order upon which the parties have agree with a stipulation signed by counsel for both parties. If it is satisfactory, please enter the order and send the copies to the Prothonotary for certification and distribution. Thank you for your attention to this matter. Sincerely, ~ amh / Enclosures cc: Barbara Sumple Sullivan, Esquire Shannon L. Manderbach ../ ,..;..--P SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 29 October 2004 FAX (717) 761-1435 The Honorable Edward J. Guido Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Eric J. Manderbach VS. Shannon L. Manderbach No. 04-3689 Civil Term In Custody Dear Judge Guido: The above matter is scheduled for a hearing before you on the afternoon of Monday, 8 November 2004. The parties have met repeatedly and appear to have reached agreement which will resolve the custody issue, at least during the school year, and make that hearing unnecessary. As a result, Barbara Sumple Sullivan, Esquire, who represents Mr. Manderbach and I are now working on an order which we can submit to you. We request your indulgence on two matters. They are: 1. We propose not to file the pre-hearing memoranda which are due on Monday. We feel if we spend our time working out the details of an order a hearing will not be necessary. If we fail to do thatr we will each then file a memoranda and you will have them prior to the hearing. 2. The parties have not yet reached agreement for a custody schedule during the summer months and we would like to reserve a date in April for a hearing before you if the parties are not able to resolve that issue. If you would be kind enough to give us a date that you will be available for a half day in April, we can include that in the order we submit. Your attention to this matter, and your indulgence with counsel, is appreciated. Please notify Barbara and I promptly if you are not willing to do either of these things. In the meantime, we will work on a proposed order and try to get that to you next week so the hearing can be canceled. Sincerely, ~ amh cc: Barbara Sumple Sullivan, Esquire Shannon L. Manderbach APR-13-2000(THU) 00:41 P,OOI/OOI , . S.utT.nn.. L. AND:SS oA:l'TQRNl101" ~-r T,",-'W lSf;:l ~On'tD: ~ 1!I't~ ~ (I. ~ Jlltts '1'.tCXOY.N& P:&NN~V~ 1'tQ4:'S ~~ ''rl:rl ~1.lIliiel 29 October 2004 - non'! 1a.l.I4li:s The Honorable Edward J. Guido Judae of the Coun of Common Pleas Cumberland County Courthouse , Courthou::;e SqU;]1'1) Carlisle, PA 17013 RE: Erit: J. MandB,bsch lIS. Shannon I.. ManderlNJch ND. ()4,.36B9 CiVl7 Term In Custody Dear JudgG Guido: The above matter Is scheduled for a hearing before YOLI on the ilf"ternoon or Monday, 8 November 2004. The parties have met repeatedly and appeiar to have rea~hed agreement which will resolve the custody issue, at: least durin!; the sc:hool year, and make that hearing unneeeSS81'Y. As 8 result. Barbara Sumple Sullivan. Esquire. who represents Mr. Manderbac:h and I are now working on an order which we can submit to you. We request your Indulgence on tWO rno't'tol'C. They sre: 1. We propose not to file the pre-heartng memoranda which are due on Monday. We fe8111 we spend our time working out the details of an order a hearing wlll net be necessary. If we fall to do that, wa will each then file a memoranda and you will nave them prIor to the hearir,g. 2. The perties hove not yet reoc:;hed 09reeme.,,; for a custody schedule during the summer months and we would like to reserve a date In April for a hearIng before you if the parties are not able to resolve that Issue. If you would be kind enough to give us a date that you wlll be avatlable for a half day in April, we can inc:lude that tn the order we submit. Your attention to this matter, and your indulgence with counsel, is appreciated. Please notify Barbara and I promptly if you EIre not willing to do either of 'these things. In the meantime, we will work on a proposed order and try to get that to you next week so the hearing can be canceled. Sincerely, Samuel I.. Andes amh cc: Barbara Sumple Sullivan, Esqulre Sh8n"On L. Manderbech Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC 1. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY SHANNON L. MANDERBACH, Defendant : NO. 2004-3689 STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this 26th day of May, 2005, by and between Eric 1. Manderbach (hereinafter referred to as "Father") an adult individual residing at 2208 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050, and Shannon L. Manderbach, (hereinafter referred to as "Mother") an adult individual residing at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania 17025. WI TNE SSE TH: WHEREAS, Mother and Father are the natural parents of two (2) minor children, Dylan 1. Manderbach, born February 19, 1999 and Ryan 1. Manderbach, born March 1,2001; WHEREAS, the parties were married on August 13, 1994 and separated on May 6,2004; WHEREAS, a Custody Complaint was filed by Plaintiff on July 28, 2004; , - NOW THEREFORE, The parties intending to be legally bound and to create a comprehensive custody schedule, the parties have mutually agreed as follows: 1. The parties shall have shared legal custody of their minor children, Dylan 1, Manderbach (born, 2/19/1999) and Ryan 1, Manderbach (born, 3/1/2001). A. Le2al Custody. The parties agree to shared legal custody of the said minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent B. Phvsical Custody: I. During the School Year: 1) Mother shall have primary physical custody of the children. 2) Father shall have periods of temporary physical custody as follows: a) Alternating weekends from Friday from daycare or school at the conclusion of Father's work but no later than 4:30 p.rn. to Sunday. Return time on Sunday shall be 2:00 p.m. if Father must work on Sunday, If Father does not have to work, the return time shall be Sunday at 8:00 p.m, b) Each Tuesday from day care or school at the conclusion of 2 '. . . Father's work and continuing overnight through Wednesday morning to school or daycare. c) Each Wednesday from daycare or school at the conclusion of Father's work through Wednesday evening at 8:00 p.m. d) Such other times as the parties can agree or which are appropriate pursuant to the right of first refusal as set forth below. II. During the Summer: 1) The parties agree that custodial time for Father shall alternate weekly as follows: a) Week One: Father shall have the children Wednesdays from daycare at the conclusion of Father's work through Friday at 8:00 p.m. This shall predecease Mother's weekend period. b) Week Two: Father shall have the children Tuesday from daycare until Thursday at 8:00 p.m. and Friday from daycare to Sunday. Return time on Sunday shall be 2:00 p.m., if Father works or 8:00 p.m. if Father does not work. c) Such times as the parties can agree. The summer schedule shall commence on the first weekend after the end of school and end the weekend before school resumes C. Vacation. Each parent shall have three (3) non-consecutive weeks of custody with the children each year when the parent is offwork. D. Holidavs. The parties shall celebrate holidays as follows: 1. Easter: In odd numbered years, Mother shall have Easter from 9:00 a.m. to 7:00 p.m. Father shall have Easter in even numbered years. 2. Thanksgiving Day and New Year's Day: In odd numbered years, Father shall have Thanksgiving Day and New Year's Day. These holidays shall be defined as 6:00 p.m. on the evening before 3 . . the holiday until 7:00 p.m. the day of the holiday. Mother shall have these times in even numbered years. 3. Christmas Day: Mother shall always have Christmas Eve with the children commencing at 9:00 a.m. In even years, her period of custody shall continue through to Christmas Day at II :00 a.m In odd years, Mother's period of custody shall continue through Christmas Eve at 9:00 p.m. In even years, Father's period of custody shall commence at II :00 a.m. on Christmas Day and continue through December 26th at 9:00 p.m. On odd years, Father's period of custody shall commence on Christmas Eve at 9:00 p.m. and continue through to December 26th at 9:00 a.m. 4. Memorial Day, July 4th, Labor Day: These holidays shall alternate with Father having Memorial and Labor Day in even numbered years and Mother having July 4th in even numbered years. In odd numbered years, Mother shall have Memorial and Labor Day and Father shall have July 4th These holidays shall be defined as 9:00 a.m. until 7:00 p.m. on the day of the holiday. 5. Mother's Day. Mother shall always have Mother's Day, which shall be defined from 9:00 a.m. until 7:00 p.m. and shall supersede the normal custodial schedule. 6. Father's Day. Father shall always have Father's Day, which shall be defined from 9:00 a.m. until 7:00 p.m. and shall supersede the normal custodial schedule. If any of the holidays fall adjacent to either party's weekend, the parent is able to extend their weekend time to encompass the holiday in an effort to minimize transportation and exchanges for the children. The periods of partial custody for holidays, vacations or other special days set forth in this Agreement shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for the parent as set forth previously in this Agreement. Holidays and other special days for custody set forth in this Agreement shall take precedence over vacations and no vacations can be scheduled to include a holiday without the express consent ofthe other parent. E. Transuortation: The parent who will be commencing his or her period of custody shall pick up the children for his or her custodial period. 4 ". . , . F. Positive Relationships: Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything which may estrange the children from the other party or injure the children's opinion the parent or which may hamper the free and natural development of the children's love and respect for the other parent. G. Rieht of First Refusal: In the event that either party will not be available to care for the children for a period of three (3) hours or more during their periods of custody, they will contact the other parent and give them the first opportunity to provide care for the children during that period, before engaging any third party to provide care for the children. Nothing in this paragraph, however, shall preclude either party from arranging for the children to spend time with their extended families but said extended family shall not be used as a method of defeating the other parent's right pursuant to this paragraph. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. i #. 6arbara Sumple-SulIivan, Esquire ~ 1<-2- /g/ Eric J. M;wt'derbach - WJ1' ~ClJ2 Samuel L. Andes, Esquire ~~~c~_ 5 Barbara Sumple-Sullivan, Esquire Supreme Coun #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC J MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY SHANNON L. MANDERBACH, Defendant : NO. 04-3689 ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this I~ day of r ' 2005, upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Eric J. Manderbach, and Samuel L. Andes, Esquire, counsel for Defendant, Shannon L. Manderbach, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody are adopted as an Order of Court. J. ~~ ,D 0'\9 i'IS:2 t--J:J 1_ !"I;i,' I'l'IuY1 i' d ,.) tJ =.iHl :10 :1~Y::>, c- CBII:l Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ERIC J. MANDERBACH, Plaintiff v. CIVIL ACTION - IN CUSTODY SHANNON L. MANDERBACH, Defendant No. 2004-3689 PETITION FOR MODIFICATION OF CUSTODY ORDER 1. Petitioner is Eric J. Manderbach (hereinafter referred to as "Father"), an individual residing at 811 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Shannon L. Manderbach (hereinafter referred to as "Mother"), an individual residing at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Petitioner seeks to amend his current periods of partial physical custody of the following children: NAME ADDRESS DOD Dylan 1. Manderbach 920 Magnolia Drive February 19, 1999 Enola, P A 17025 Ryan 1. Manderbach 920 Magnolia Drive March 1, 2001 Enola, P A 17025 The children are currently in the primary physical custody of Mother who resides at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania 17025. During the last five years, the children have resided with the following persons and at the following addresses: ADDRESSES DATES PERSONS 1999-5/6/04 2208 Warren Way Mechanicsburg, P A Mother, Father and children 5/6/04-Present 920 Magnolia Drive Mechanicsburg, P A Mother and children The Mother of the children is Shannon L. Manderbach, currently residing at 920 Magnolia Drive, Mechanicsburg, Cumberland County, Pennsylvania 17025. The Father ofthe children is Eric 1. Manderbach, currently residing at 811 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. The parties are currently separated from each other. 4. The relationship of the Plaintiff to that of the children is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Eric J. Manderbach Self Laura Rowland Significant Other Whitney Tyson Significant Other's Child 2 Summer Tyson Significant Other's Child 5. The relationship of the Respondent to the children is that of Mother. The Respondent currently resides with the following persons: NAME Shannon L. Manderbach Dylan J. Manderbach Ryan J. Manderbach ro;LA TIONSHIP Self Son Son 6. Petitioner and Respondent had previously participated in a custody proceeding in this Court. A copy of the Custody Agreement and Stipulation dated June 1,2005, is attached hereto as Exhibit "A" and incorporated herein by reference. 7. Petitioner has no information ofa custody proceeding concerning the children pending in a Court of this Commonwealth. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because Petitioner can provide a stable, healthy, supportive and loving environment for the children, Since the entry of the Order dated June 1, 2005, there has been a change of circumstances in that Petitioner has recently relocated to a more suitable living environment 3 for the children. Petitioner requests that he receive additional overnights during the school year because of the success of the additional overnight during the summer months and this is less stressful for the children. WHEREFORE, Petitioner requests the Court to amend the Order ofJune I, 2005 to extend the overtime periods with Father, including extension of Tuesday from daycare until Thursday at 8:00 p.m. to continue throughout the year because of the success of the additional overnights during the summer months. Dated: September 1,2005 qUIre 4 ..' - ';..- J .. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ERIC J. MANDERBACH, Plaintiff v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - CUSTODY SHANNON L. MANDERBACH, Defendant : NO. 04-3689 ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this It/: day of ~:. , 2005, upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Eric J. Manderbach, and Samuel L. Andes, Esquire, counsel for Defendant, Shannon L. Manderbach, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody are adopted as an Order of Court. J. T~'"'- Q;:;'~" "fl "'II!:. ~ '" i;'I'> 'k""," t.,. "'''''''' ...",-.... _.J li1f 7e.;f:,1071 '.:~,.. -:'::: .~.:;_,<...-~~I haw, "i@y~li:""'~' :",.~,_,,,,,',\,e, as t '. ...~..!1ff- ~....'"'~".~~"c~...." ~ . ~,.., ~ ft .. . p othorwt , Barbara Surnp1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC J. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY SHANNON L. MANDERBACH, Defendant : NO. 2004-3689 STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this 26th day of May, 2005, by and between Eric J. Manderbach (hereinafter referred to as "Father") an adult individual residing at 2208 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050, and Shannon L. Manderbach, (hereinafter refetredto as "Mother") an"adult individual residingat920-Magnolia Drive; Enola; - Cumberland County, Pennsylvania 17025. WITNESSETH. WHEREAS, Mother and Father are the natural parents of two (2) minor children, Dylan J. Manderbach, born February 19, 1999 and Ryan J. Manderbach, born March 1, 2001; WHEREAS, the parties were married on August 13, 1994 and separated on May 6, 2004; WHEREAS, a Custody Complaint was filed by Plaintiff on July 28, 2004; NOW THEREFORE, The parties intending to be legally bound and to create a comprehensive custody schedule, the parties have mutually agreed as follows: 1. The parties shall have shared legal custody oftheir minor children, Dylan 1. Manderbach (born, 2/19/1999) and Ryan 1. Manderbach (born, 3/1/2001). A. Lee:al Custody. The parties agree to shared legal custody of the said minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best inter,est. Each party agrees not to impair the other party's rights to shared legal custody ofthe children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the, parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions m~cessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soonaspossible.-Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. B. Phvsical Custody: I. During the School Year: 1) Mother shall have primary physical custody of the children. 2) Father shall have periods ofternporary physical custody as follows: a) Alternating weekends from Friday from daycare or school at the conclusion of Father's work but no later than 4:30 p.m. to Sunday. Return time on Sunday shall be 2:00 p.m. if Father must work on Sunday. If Father does not have to work, the return time shall be Sunday at 8:00 p.m. b) Each Tuesday from daycare or school at the conclusion of 2 Father's work and continuing overnight through Wednesday morning to school or daycare. c) Each Wednesday from daycare or school at the conclusion of Father's work through Wednesday evening at 8:00 p.rn. d) Such other times as the parties can agree or which are appropriate pursuant to the right of first refusal as set forth below. n. During the Summer: 1) The parties agree that custodial time for Father shall alternate weekly as follows: a) Week One: Father sha.ll have the children Wednesdays from daycare at the conclusion of Father's work through Friday at 8 :00 p.m. This shall predecease Mother's weekend period. b) Week Two: Father sha.ll have the children Tuesday from daycare until Thursday at 8:00 p.m. and Friday from daycare to Sunday. Return time on Sunday shall be 2:00 p.m., if Father works or 8:00 p.m. if Father does not work. c) Such times as the parties can agree. The summer schedule shall commence on the first weekend after the end of school and end the weekend before school resumes. C. Vacation. Each parent shall have three (3) non-consecutive weeks of custody with the children each year when the parent is off work. D. Holidavs. The parties shall celebrate holidays as follows: 1. Easter: In odd numbered years, Mother shall have Easter from 9:00 a.m. to 7:00 p.m. Father shall have Easter in even numbered years. 2. Thanksgiving Day and New Y,~ar's Day: In odd numbered years, Father shall have Thanksgiving Day and New Year's Day. These holidays shall be defined as 6:00 p.m. on the evening before 3 the holiday until 7:00 p.m. the day of the holiday. Mother shaH have these times in even numbered years. 3. Christmas Day: Mother shaH always have Christmas Eve with the children commencing at 900 a.m. In even years, her period of custody shaH continue through to Christmas Day at II :00 a.m. In odd years, Mother's period of custody shaH continue through Christmas Eve at 9:00 p.m. In even years, Father's period of custody shall commence at II :00 a.m. on Christmas Day and continue through December 26th at 9:00 p.m. On odd years, Father's period of custody shall commence on Christmas Eve at 9:00 p.m. and continue through to December 26th at 9:00 a.m. 4. Melnorial Day, July 4th, Labor Day: These holidays shaH alternate with Father having Memorial and Labor Day in even numbered years and Mother having July 4th in even numbered years. In odd numbered years, Mother shall have Memorial and Labor Day and Father shall have July 4th. These holidays shaH be defined as 9:00 a.m. until 7:00 p.m. on the day of the holiday. 5. Mother's Day. Mother shall always have Mother's Day, which shall be defined from 9:00 a.m. until 7:00 p.m. and shaH supersede the nonnal custodial schedule. 6. Father's Day. Father shall always have Father's Day, which shall be defined. from 9:00 a.m. until 7:00 p.m. and shall supersede the normal custodial schedule. Ifany of the holidays faH adjacent to either party's weekend, the parent is able to extend their weekend time to encompass the holiday in an effort to minimize transportation and exchanges for the children. The periods of partial custody for holidays, vacations or other special days set forth in this Agreement shall be in addition to, and shaH take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for the parent as set forth previously in this Agreement. Holidays and other special days for custody set forth in this Agreement shaH take precedence over vacations and no vacations can be scheduled to include a holiday without the express consent of the other parent. E. Transportation: The parent who will be commencing his or her period of custody shall pick up the children for his or her custodial period. 4 F. Positive Relationships: Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything which may estrange the children from the other party or injure the children's opinion the parent or which may hamper the free and natural development of the children's love and respect for the other parent. G. Ri2ht of First Refusal: In the event that either party will not be available to care for the children for a period ofthree (3) hours or more during their periods of custody, they will contact the other parent and give them the first opportunity to provide care for the children during that period, before engaging any third party to provide care for the children. Nothing in this paragraph, however, shall preclude either party from arranging for the children to spend time with their extended families but said extended family shall not be used as a method of defeating the other parent's right pursuant to this paragraph. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. W / //' (Barbara Sumple-SulIivan, Esquire ~.QQO.~ Sa el L. Andes, EsqUire D AND DELIVERED CEOF: ~1' fl/~ Eric J~'landerbach ~~iif~( 5 Barbara Sump Ie-Sullivan, Esquire Supreme Court #323 17 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC J. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - IN CUSTODY SHANNON 1. MANDERBACH, Defendant No. 04-3689 VERIFICATION I, Eric J. Manderbach, hereby certifY that the facts set forth in the foregoing PETITION FOR MODIFICATION OF CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. DATED: a/'?-,/D5" ~~ ERIC J. ~A DE CH - Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC 1. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - IN CUSTODY SHANNON L. MANDERBACH, Defendant : No. 04-3689 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the PETITION FOR MODIFICA nON OF CUSTODY ORDER, in the above- captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: DATE: September -L., 2005 Barbara Sump Ie-Sullivan, Esquire Attorney For Petitioner 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 8~fY S;~ -.J~ ~ ~ cO ~ C') r--' G> ~ , ,,:::::,:1 oJ' (.1) .... ;-:-, -r -n -u rn r::::. . n"t -;C')O ,.", , :0 'i~ -- -) rfl .J:-- . "'.". - ~;.J N '< Tl' ERIC J. MANDERBACH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-3689 CIVIL ACTION LAW SHANNONL.MANDERBACH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 08,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, October 07, 2005 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve tbe issues in dispute; or iftbis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All cbildren 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 pennanent 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: Isl Melissa P. Greevy, Esq. ,i 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 baving business before tbe court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business belore the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT HA VE 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 Telepbone (7 J 7) 249-3166 ~~ l' ~ ~ 5".66 o/"tl fl;'? ~ ~ Ji/ b' 6 ~~P1~./i,;J'P'? J&66 O~:Z "1 6- ,-~"C""'I ,... ,;.'::1.J ...!)Uv I'U'"'' ,uV...l.~),\\,~. -'-:t\\ ::;,--)! -",' y j;-:l ;J:.J -,..(En':1 ~ RECEIVED C". 1 ; ~,- .~r ERIC J. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3689 CIVIL TERM v. CIVIL ACTION - LAW SHANNON L. MANDERBACH, IN CUSTODY Defendant GUIDO, J.--- ORDER OF COURT ~ AND NOW, this / f day of October, 2005, upon consideration of the attached Custody Conciliation Summary Report and it appearing that the parties are in need of a hearing, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number 5 of the Cumberland County Courthouse, on the ~ day of N~, 200~, at 8':~ Awtfo'clock A .M., at which time testimony will be taken. For the purposes of the hearing, the Father, Eric J. Manderbach, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on cusfody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Edward E. Guido, J. Dist: vB'13~Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 ~muel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043 ~ '", r -.') : \.1 ~ ~. :\\ ..,) \ ~'? - .' ~ R E eEl V E DOC T 1 7 Z005 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3689 CIVIL TERM ERIC J. MANDERBACH v. CIVIL ACTION - LAW SHANNON L. MANDERBACH, IN CUSTODY Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Dylan J. Manderbach Ryan J. Manderbach February 19, 1999 March 1,2001 Mother Mother 2. The parties were seen for a Custody Conciliation Conference on October 7, 2005 following Father's filing for a Petition for Modification of a Custody Order on September 1, 2005. The most recent Order entered in this matter was dated June 1, 2005. Attending the Custody Conciliation Conference were: the Father, Eric J. Manderbach, and his counsel, Barbara Sumple-Sullivan, Esquire; the Mother, Shannon L. Manderbach, and her counsel, Samuel L. Andes, Esquire. 3. Father's position on custody is as follows: Father resides in Mechanicsburg. The parties separated in May of 2004. Father resides with his girlfriend and her children. Father petitioned to modify the June 1, 2005 Order because he now has better living arrangements then he previously had and because he believes the children's experience with more custodial time with the Father during the summer 2005 went well and was less stressful for the children than the school year schedule. Specifically, Father found that having to return the children to Mother at 8:00 p.m. on Wednesdays created a sense of feeling rushed. Specifically, he would like to extend his periods of custody which begin on Tuesday to end on Thursday evening at 8:00 p.m. rather than on Wednesday evening at 8:00 p.m. 4. Mother's position on custody is as follows: Mother lives in Enola with the children. While she acknowledges that Father has another more suitable residence and that they tried more overnight time during the summer custodial period, she is not willing to ~ . I ... NO. 04-3689 CIVIL TERM expand Father's custodial time during the academic year. The boys are ages 6 and 4. Mother suggests that if Father is feeling that the children are being rushed to settle down in the evening at the end of his custodial visits that he bring back the children half an hour earlier. Through counsel, Mother claims that Father's motivation for seeking modification of the schedule is because he wants to pay less child support. Mother's counsel also pointed out that each party made concessions to obtain agreement for the last Stipulated Order and that Mother's agreement to expand Father's custodial summer time was a quid pro quo in order to resolve the matter. Accordingly, she does not wish to reopen the matter and make additional concessions to Father at this time. 5. Because the parties do not have an agreement with regard to expansion of Father's custodial time during the academic year, the parties will be in need of a hearing. Counsel have requested one-half day for this purpOS7~ing hearing, the present Order remains in full force and effect. ( 10/ IJ-J / (1!;/ /-. Date ' elissa Peel Greevy, Es Custody Conciliator ead:260746 ERIC J. MANDERBACH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SHANNON L. MANDERBACH, DEFENDANT 04-3689 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of November, 2005, pursuant to an agreement of the parties, the custody order of June 1,2005, applicable to Dylan J. Manderbach, born February 19, 1999, and Ryan J. Manderbach, born March 1, 2001, is amended as follows: (1) Paragraph B II is vacated and replaced as follows: During the Summer: The parents shall alternate weeks of physical custody of both children from Friday at 4:30 p.m. each week, commencing with the first Friday after the last day of school, which shall be the father's week, and alternating thereafter with exchanges at 4:30 p.m. on Fridays. This schedule will end on the last Friday before the first day of school in the fall. (2) Paragraph C is vacated. (3) Paragraph 0(3), is vacated and replaced as follows: Christmas holiday: The parents shall alternate the Christmas holiday each year with the father having the children from 9:00 a.m. on the 24th of December until 2:00 p.m. on the 25th of December, and the mother having them from 2:00 p.m. on the 25th of December until 9:00 p.m. on the 26th of December in odd . numbered years, and mother having them from 9:00 a.m. on the 24th of December until 2:00 p.m. on the 25th of December and father having them from 2:00 p.m. on the 25th of December until 9:00 p.m. on the 26th of December in even numbered years. (4) Paragraph E is vacated and replaced as follows: Transportation: The parent commencing a period of custody shall be responsible to have the children picked up at the start of the custodial period. Transportation need not be provided by a parent, but can be provided by a competent adult with whom the children are familiar. (5) Paragraph G is amended to add this provision: The right of first refusal shall not apply during the summer, which is controlled by Paragraph B II. (6) All other provisions in the order of June 1, 2005, shall remain in effect. /1" By the Court/ . ;' ;? ./ vS'amuel L. Andes, Esquire For Shannon L. Manderbach :sal I vrfarbara Sumple-Sullivan, Esquire ~ For Eric J. Manderbach C\'rP ,t) \\ >- ~ \11<:') ~':~ ~~;~: ,~)(_:' (~r.;: J.J'-'- ~--:::1lU U--t-- r=: lL o ~o = C') .c.._ "' '../-- C) I ::- ~~.~ IFJ C~) C:::J ,_J ..) C.J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC J. MANDERBACH, Plaintiff IN THE COURT OF COJ\1MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - IN CUSTODY SHANNON L. MANDERBACH, Defendant No. 2004-3689 MOTION TO WITHDRAW APPEARANCE 1. Petitioner is counsel for Plaintiff in the above captioned matter, Eric J. Manderbach. 2. Plaintiff is presently residing at 102 Excaliber Circle, Fredericksburg, VA 22406. 3. Plaintiff has failed to cooperate with the requests of counsel. 4. Plaintiff has failed to make payment on his outstanding legal fees since May 1, 2006 and has an outstanding balance of Nine Thousand Five Hundred Eighty-Three Dollars and 29/1 00 ($9,583.29) as of December 18, 2006. WHEREFORE, counsel for Plaintiff requests leave of court to withdraw representation on behalf of ERIC J. MANDERBACH in the above-captioned matter. Dated: December 28, 2006 {. - ( mpIe-Sullivan, E~uire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court I.D. 32317 Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC 1. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - IN CUSTODY SHANNON L. MANDERBACH, Defendant No. 2004-3689 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date I served a true and correct copy of the Motion to Withdraw in the above-captioned matter upon the following individual(s) by United States first-class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Mr. Eric 1. Manderbach 102 Excaliber Circle Fredericksburg, V A ??~ DATE: December 28, 2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. 32317 JAN 0 4 2007 rf- d ~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC J. MANDERBACH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - IN CUSTODY SHANNON L. MANDERBACH, Defendant : No. 2004-3689 RULE AND NOW, this ~ day of ~ 20lf\ on consideration of the Motion to Withdraw Appearance, a RULE is issued on Plaintiff and Defendant to show cause, if any, why the Court should not grant the relief requested. ,- The Rule is returnable within ~ days from the date of service hereof. J. ~ Cr.: ':c ~-=:- L \ 1/"-:--'__: (5:-:'," ~j::- ~:;~. ;~)6 FiJ b~ ::::::!LU w.. FE 4_ o ~ -">-:"" ~ '"'- ~ c::.:.:> C'-..J C"') C"') .. ,,-.. :-- '-:;> C:l - ....c- *~ '-0 p o fEDe8 ZOO7 p1( Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC J. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - IN CUSTODY SHANNON L. MANDERBACH, Defendant : No. 2004-3689 ORDER AND NOW, this lJ- day oUJI ,2007, upon consideration of the Petition to Make Rule Absolute, said Petition ~RANTED. It is further ORDERED and DECREED that Barbara Sumple-Sullivan, Esquire is withdrawn as counsel for Plaintiff, Eric J. Manderbach. BY THE COURT: ~ ~ 5 ~6 H:~ ~~ M ~.~ ~ ~ ".J .~,' iJ -.$, ~ x: <C ~ z =>....... --)~ L_ Z (-) :<J: J~ -." ~ '.>~ (I) ')Z ,I::Z lliM: 3 o c.:o W \.t- r-- C,':;:) C,':;:) ~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC J. MANDERBACH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - IN CUSTODY SHANNON L. MANDERBACH, Defendant : No. 2004-3689 PETITION TO MAKE RULE ABSOLUTE 1. Petitioner is counsel for Plaintiff, Barbara Sumple-Sullivan, Esquire. 2. Respondent is Plaintiff, Eric J. Manderbach. 3. Petitioner is requesting allowance to withdraw from the matter due to Respondent's failure to cooperate with the requests of counsel and failure to make payment on his outstanding legal fees since May 1, 2006. 4. On December 29,2006, Petitioner filed a Motion to Withdraw her Appearance in this action. 5. On January 15, 2007, Judge Edgar B. Bayley issued a Rule returnable in Fifteen (15) days upon Plaintiff and Defendant to show cause why the Motion to Withdraw Appearance should not be granted. 6. Said Rule was served upon Plaintiff and Defendant by letter dated January 17, 2007. A true and correct copy of same is attached hereto as Exhibit A. 7. No timely answer or other response was filed to said Rule by Plaintiff or Defendant. 8. Petitioner requests that the Rule issued on January 15,2007 be made absolute and Petitioner shall be allowed to withdraw from the matter. WHEREFORE, Petitioner requests the Rule be made absolute. DA IE: February 6, 2007 Barbar Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. 32317 - ----------- Exhibit A , . LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 January 17, 2007 CERTIFIED MAJl,- RETURN RECElPT REQUESTED CERTIFICATE NO. 7004 2890 0002 8467 07771 and CERTIFICATE OF MAILING Mr. Eric J. Manderbach 102 Excaliber Circle Fredericksburg, VA 22406 CERTIFICATE OF MAIL Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, P A 17043 Re: Shannon L. Manderbach v. Eric J. Manderbach Docket No. 04-2704 (Divorce) I Cumberland County and Eric J. Manderbach v. Shannon L. Manderbach Docket No. 04-3689 (Custody) I Cumberland County Dear Eric and Sam: Enclosed constituting service on you are Rules dated January 15,2007 in both the divorce and custody actions. Please know that your response is due on orbefore February 2,2007. Barbara Sumple-Sullivan BSS/lh Enclosures Barbara Swnple-Sullivan, Esquire Supreme Comt #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - DIVORCE ERIC J. MANDERBACH, Defendant : NO. 2004-2704 RULE AND NOW, this l:i day f , 200'1 on consideration of the Motion to Withdraw Appearance, a RULE is issued Plaintiff and Defendant to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within J j days from the date of service hereof. BY THE COURT: TRU-= r""'V ~",,,,'.j t.?~CORD .. .' TV hand 1n Test'. , -: . . . , an he .......1. d...... ""'.~...... Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC J. MANDERBACH, Plaintiff : IN THE COURT OF COMM:ON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVlL ACTION -IN CUSTODY SHANNON L. MANDERBACH, Defendant : No. 2004-3689 RULE cause, if any, why the Court should not grant the relie requested. AND NOW, this 15- day of , 2001- on consideration of the Motion to Withdraw Appearance, a RULE is issued Plaintiff and Defendant to show The Rule is returnable within J ~ days from the date of service hereof. BY THE COURT: U.S. POSTAL SERVICE CERTIFICATE OF MAILING . MAY BE USED FOR DOMESTIC AND INTERNATIONAl MAil, DOES NOT ~ i I PROVIDE FOR INSURANCE-POSTMASTER ' c S! .. C) ...." ReceIVed From: Barbara.-Sumple-Sullivan, Esq~~~ i ~ 549 Bridge Street J(~// :::"'~t\!:1 New Cumberland, P A 1707i (' uWl \~ \ I~ ,- rrizJr~ \ -" \ tJJ\J7 / ~ ~ One piece of ordinary mail addressed to. ,- " , _ _~ 00; c....:E c: ~ 9_ ---r-~ b~---' ;J) n. r.. LC~ c.. .J. 1 ir 2.."..... ~z_~.,,~ D ~ Lx c,o..l: ire.. e. ~i.c ~~=8~ r- _ I L I c.J"1 C;J)-i -n~e\\d<.Spur~ ,Vf-\ ~'l.~c>~ ~. ~ ~ ~ PSForm3817, January 2001 i U.S. Postal Service CERTIFIED MAIL, RECEiPT (Domestic Mail Only; No Insurance Coverage Provided) ru Certllied Fee $2.+0 CJ CJ Return Ile!:eiPI Fee $1. 85 CJ (Enc:/or8ement Requil8d) CJ ResIIlcl8d l)e!very Fee $0.00 IT" (Endo/8enfer1IRequlllId) CO ru Total Postage & ~ $....60\- 01117/2007 U.S. POSTAL SERVICE Received From: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 ~~~fL~,~,(~irR l-Q. <"'I/)'i N'. \ ~ \ID Z fT'I c.... :E ;J) n l= ;J)Z c: en 3: -3:.". O-~CD;J) c:~cfT'I....." z.~::ooo -Ic-.Q!i;\- ~ ~ Z ;J) I:) C'l . I'TI ." I ;J) C g~ ~c::::) ii..c J.t.T'I to PS Form 3817, January 2001 l6: _0 .' . // "; . , . Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC J. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - IN CUSTODY SHANNON L. MANDERBACH, Defendant : No. 2004-3689 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date I served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter upon the following individual(s) by United States first-class mail, postage prepaid, addressed as follows: DATE: February 6, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Mr. Eric J. Manderbach 102 Excaliber Circle Fredericksburg, VA 22406 ,......, ~----:, (~: :) -____J .....,., r" cj I --.I -.,..., C,) ) :..-{ .Ie> ;j) W -<