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Home My WebLink About05-4088 ROGER J. RICHWINE, JR., * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY 'pENNSYLVANIA * Cl~j..~~ vs. * NO. () 5" - "-feR? * TIFFANY L. RICHWINE, * CIVIL ACTION - LAW Defendant * IN CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, Roger 1. Richwine, Jr., by and through his attorney, Bradley A. Wmnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The Plaintiff is Roger 1. Richwine, Jr., who currently resides at 407 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Tiffany L. Richwine, who currently resides at 33 Miller's Gap, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks shared physical custody of the following children: Logan R. Richwine, born on May 17, 1998, and Lainey R. Richwine, born on August 13, 1999. The children were not born out of wedlock. The children are presently in the physical custody of Defendant. 4. During the past five years, the children have resided with the following persons and at the following addresses: A. IWf! May 31,2005 to Present Address 33 Miller's Gap Enola, P A 17025 Persons Mother B. August 2004 to May 31,2005 41 King Drive Carlisle, PA 17013 Mother c. August 2000 to August 2004 41 King Drive Carlisle, PA 17013 Mother, Father The mother of the children is Tiffany L. Richwine, who currently resides at 33 Miller's Gap, Enola, Cumberland County, Pennsylvania 17025. The father of the children is Roger 1. Richwine, Jr., who currently resides at 407 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 5. The relationship of Plaintiff to the children is that off ather. Plaintiff resides with his girlfriend, Laura Daly. 6. The relationship of Defendant to the children is that of mother. 7. Plaintiffhas no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who 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 Plaintiff shared physical custody of the children. 10. 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, Plaintiff respectfully requests This Honorable Court to award him shared physical custody of the minor children. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: 'V Dated: & /8 /(),)' Bradley 1\.. ill # 78 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 VERIFICATION I verii)' 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 Date: st 4::l. iV -- -- .-' ~ :- (1 "" ~ c. '3-> -' (5 -=,,:. ~ ~~ ,",\:,\:i 6'- ~-(\ \\ ".-, _QtD - ,. .- .,,~ G"'- U- ~ / 0 "J fj::: ~..-~ ~1"' ~ .c: ~\_, -.:J -;:r.:.Jr\ ~6 W () -~() ~ ,.-..-\:'-f\ ~ ~ ~~~::. '-? g --C: ""' y. "":, r..:> -.'1 r -::,,: .- ROGER J. RICHWINE, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-4088 CIVIL ACTION LAW TIFFANY L. RICHWINE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 18, 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 DJ Maulove's, 1901 State St., Camp Hill, PA 17011 on Friday, September 09, 2005 at 11:00 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 detine 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 Protectiou from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT. By: /s/ Melissa P. Greevy, Esq. Custody Conciliator f),r-/ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Oisabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 Telephone (717) 249-3166 ~p $ ~ ~ --"""""'" .~ & ~ ~k; fO.~:? ~ ~ .:z.,.~ .."w~,.,? -~ JI? E'f>.p .(P _ 90 :8 Wd 8Z 5!W SUOl . """d :JHl :IO ^8ViC~8~~tc)~::JlI:J ROGER J. RICHWINE, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 4088 CIVIL TERM TIFFANY L. RICHWINE, Defendant CIVIL ACTION-LAW CUSTODY ANSWER TO COMPLAINT FOR CUSTODY 1. - 8, Admitted 9. The Mother agrees that the Father should have custody of the children, but does not feel that a shared schedule is in their best interest. She agreed that for the past summer that they would share custody of the children and believes that this may work for future summers but feels that she should have primary custody of the children during the school year. Both the children are in the early years of their elementary education and the Mother wishes to have the consistency of her home as a stabilizing and centering presence in the children's lives. 10. Admitted Wherefore, Defendant Mother respectfully requests that the parties share legal custody and that the Mother be granted primary physical custody of the children with father having secondary custody. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ~.?)~ Robert l.. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in this Answer To Complaint For Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~ /ffi! / Tiffany L. ~chwine Date: q - /05 () ~:; ...., = C;:;) c.ro U, '" -0 I o ... -I ffi:o (""- E~;i :;2 3~ :.__:5/-n ;;;::::1 o ~JS J"-.:/ -< jRECEIVED SEP 202005 ~) ROGER J. RICHWINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-4088 CIVIL TERM v. CIVIL ACTION - LAW TIFFANY L. RICHWINE, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this ). )....l. day of September, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeQal Custody. The parties, Roger J. Richwine, Jr. and Tiffany L. Richwine, shall have shared legal custody of the minor children, Logan R. Richwine, born May 17, 1998 and Lainey R. Richwine, born August 13, 1999. 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. 2. Physical Custody. The Mother, Tiffany L. Richwine, shall have primary physical custody of the minor children subject to Father's rights of liberal partial custody during the school year, which shall be arranged as follows: A. 6:00 p.m. September 9, 2005 after school until September 11, 2005 at B. Effective September 14, 2005, on alternating weeks from Wednesday after school until Thursday morning when the children are returned to school. C. Effective September 21, 2005, on alternating weeks from Wednesday after school until Sunday at 6:00 p.m. 3. Summer Custodial Schedule. The parties will share physical custody during the summer on a week on/week off basis with the custodial exchange occurring on Sundays at 6:00 p.m. Father's first week of custody for the Summer shall commence on the first Sunday after school is dismissed. NO. 05-4088 CIVIL TERM 4. The Custody Conciliation Conference shall reconvene on November 4, 2005 at 9:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. It is contemplated at the time the Custody Conciliation Conference reconvenes that the holiday schedule will be discussed. Should both parties agree that the Conference is unnecessary, the Conference may be cancelled by mutual consent. However, if only one party wants to cancel the Conference, both must attend.-....,\ , / / ./ BY'l:~/ J. Dis!: <RObert L. O'Brien, Esquire, 19 West South Street, Carlisle, PA 17013 JM"adley A. Winnick. Esquire, 130 W. Church Street, Dillsbur9, PA 17019 ~ ~ Oq-~ -05 -- .. IJ",~(" <":', '."-""1" I .J\i 1_,-".' ' .'" ::: 'C/'Jt v 00 ;t] Hd 22 d3S sGOZ ^bVIO;~CH.lO(Jd 3Hl :JO 301:!:!(}-0311:J ROGER J. RICHWINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4088 CIVIL TERM v. CIVIL ACTION - LAW TIFFANY L. RICHWINE, 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 Logan R. Richwine Lainey R. Richwine May 17, 1998 August 13, 1999 Mother Mother 2. Father filed a Complaint for Custody on August 10, 2005. A Custody Conciliation Conference was scheduled and held on September 9, 2005. Attending the conference were: the Father, Roger J. Richwine, and his counsel, Bradley A. Winnick, Esquire; the Mother, Tiffany L. Richwine, and her counsel, Robert L. O'Brien, Esquire. 31 ;;;;~r,g-~",;" I Oat, ! :258632 Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 ROGER J. RICHWINE, JR., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION. LAW v. : NO. 05-4088 CIVIL TERM TIFFANY L RICHWINE, Defendant : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO: Curtis R. Long, Prothonotary Please withdraw the appearance of Robert L. O'Brien, Esquire, as counsel for Defendant, TIFFANY L. RICHWINE, in the above-captioned action. O'BRIEN, BARIC & SCHERER DATE: q/z..r/oS-- BY~. ROBERT L. O'BRIEN, ESQUIRE 19 West South Street Carlisle, PA 17013 PRAECIPE TO ENTER APPEARANCE TO: Curtis R. Long, Prothonotary Please enter the appearance of Constance P. Brunt, Esquire, as counsel for Defendant, TIFFANY L. RICHWINE, in the above-captioned action. DATE: 1~!<{I.r d~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 (") ~:- ...., ~"" C::":I .:..if C':) (~'J -, o -n .--j ~. H-i--r: , ::"~;r~ , , " C) I _J ....;;... ,; (::; ~5(n , :".'~ ~_o .< f'o,' c., o 1. , - ROGER J. RICHWINE, IAN I :~ ~UUb IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-4088 CIVIL TERM v. TIFFANY L. RICHWINE, CIVIL ACTION -LAW IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this ;}tI.... day of January, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of September 22, 2005 shall remain in full force and effect with the following additions: a. In the event either party is unavailable to provide care for the children during his or her period of custody for a period greater than three hours, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. b. The parties shall participate in therapeutic family counseling with Deb Salem of Interworks. The unreimbursed cost of this therapeutic service shall be shared by the parties equally. c. The Custody Conciliation Conference shall reconvene on April 14, 2006, at 8:30a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. The Conciliation date may be cancelled only by mutual agreement of the parties. In the event that the Conference is not deemed to be necessary, the Conciliator's Office will be given at least one (1) weeks notice. 2, The attached Holiday schedule shall supercede the regular schedule. -' Edward E. Guido, J. Dis!: ~ance P. Brunt. Esquire, 1820 Lingelstown Road, Harrisburg, PA 17110 ~dley ~ Winnick, Esquire, 130 W. Church Street, Dillsburg, PA 17019 '0( r:~~\; , I'j' " ') " , ,1 " :~, " " , . -, , .. ~ f New Year's Eve/Day From 6:00 p.m. on 12/31 Father Mother through 6:00 p.m. on 1/1 (based on (based on 12/31) 12/31) Easter From 6:00 p.m. on Saturday Mother Father evening preceding the holiday through 6:00 p.m. on Easter Sunday Memorial Day From 6:00 p.m. on Sunday Father Mother evening preceding the holiday through 6:00 p.m. on Memorial Day July 4'h /Independence From 6:00 p.m. on 7/3 Mother Father Day through 6:00 p.m. on 7/4 Labor Day From 6:00 p.m. on Sunday Father Mother evening preceding the holiday through 6:00 p.m. on Labor Day Thanksgiving From after school on the Mother Father Wednesday before Thanksgiving Day until 9:00 p.m. on Thanksgiving Day Christmas Eve Early in the day and early Mother Mother morning/early afternoon afternoon as the parties agree to allow attendance at Mother's family gathering Christmas Eve late Late in the afternoon and Father Father afternoon/evening early evening as the parties agree to allow attendance at Father's family gathering Christmas Segment A Overnight on Christmas Eve Father Mother to 3:00 p.m. on Christmas Day Christmas Segment B From 3:00 p.m. on Christmas Mother Father Day to 3 :00 p.m. on 12/26 Mother's Day From 6:00 p.m. on Saturday Mother Mother evening through 6:00 p.m. on Mother's Day Father's Day From 6:00 p.m. on Saturday Father Father evening through 6:00 p.m. on Father's Day , / Plaintiff IAN 1 :{ LUUb IN THE COURT OF COMMON PLEAS 01 CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4088 CIVIL TERM ROGER J. RICHWINE, v. CIVIL ACTION - LAW TIFFANY L. RICHWINE, 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 Logan R. Richwine Lainey R. Richwine May 17,1998 August 13,1999 Mother Mother 2. The parties returned for their second Conciliation Conference on January 6, 2006. Attending the conference were: the Father, Roger J. Richwine, and his counsel, Bradley A. Winnick, Esquire; the Mother, Tiffany L. Richwine, and her counsel, Constance P. Brunt, Esquire. 3. n Order as attached. / / IO/O~ S Date :266382 ... 1 .~ .\l~O ?;,~.\:."-i D }~l.. - ROGER J. RICHWINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4088 CIVIL TERM CIVIL ACTION - LAW v. TIFFANY L. RICHWINE, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this /1.{. +"1 day of July, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Orders of September 22, 2005 and January 23, 2006 shall remain in full force and effect with the following additions: 1. Each parent shall have reasonable telephone contact with the minor children at reasonable times and for a reasonable duration when they are in the custody of the other parent. The custodial parent shall make the children available for telephone calls from the non-custodial parent. In addition, the children may initiate telephone calls to the non- custodial parent, upon request. 2. It is expected that the parties may need to make changes to the schedule from time to time and that upon notice, as may be necessary, and the parties will give each other receipt of as much advance notice of the need to make a schedule change as possible. 3. They shall continue in therapeutic family counseling with Deborah Salem of Interworks so long as Ms. Salem determines it is clinically appropriate to continue the work on the parties' co-parenting skills and communication challenges, which have been contributing to the tensions the parties are experiencing. Ms. Salem will provide a brief letter to counsel when she has determined that the counseling may be discontinued. Edward E. Guido, J. Dis!: ~ontance P. Brunt, Esquire, 1820 Lingelstown Road, Harrisburg, PA 17110 .IIlradley A. Winnick, Esquire, 130 W. Church Street, Dillsburg, PA 17019 ~ t\~ ~\ \) .r\ ~;'\"J . ;." -. \..\ . . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4088 CIVIL TERM ROGER J. RICHWINE, v. CIVIL ACTION - LAW TIFFANY L. RICHWINE, 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 Logan R. Richwine Lainey R. Richwine May 17,1998 August 13, 1999 Mother Mother 2. The parties returned for their third Conciliation Conference on June 30, 2006. Attending the conference were: the Father, Roger J. Richwine, and his counsel, Bradley A. Winnick, Esquire; the Mother, Tiffany L. Richwine, and her counsel, Constance P. Brunt, Esquire. 3. iJ"he parties reached an agreement in t Melissa eel Greevy, Esquire Custody Conciliator :278720