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HomeMy WebLinkAbout05-5822 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA ClVILACfION - LAW KEVIN DEIBLER, Plaintiff . . v. : NO. RACHEL ANDREZESKI, Defendant . . : IN CUSTODY NOTICE TO DEFEND You, Rachel Andrezeski, Defendant, have been sued in Court to obtain custody of Lucas A. Andrezeski. YOU SHOULD TAKE THIS PAPER TOYOURLAWYERATONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILmES ACf OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUDONOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACfION - LAW KEVIN DEIBLER, Plaintiff . . v. OK_ 51;};L L~~ : NO. u RACHEL ANDREZESKI, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, KEVIN DEIBLER, by and through his attorney, Maryann Murphy, Esquire, and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is KEVIN DEIBLER who resides at 643 Mallard Drive, Etters, York County, Pennsylvania 17319. 2. The Defendant is RACHEL ANDREZESKI who resides at 317 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff seeks shared legal and physical custody of the following child: LUCAS A. ANDREZESKI, born June 8, 2005 4. The child was born out of wedlock. He currently resides with the Defendant. 5. During the lifetime of the child, he has resided at the following addresses with the following persons: Time Address With Whom birth-present 317 Erford Road Camp Hill, P A Defendant, Defendant's father Defendant's step-mother, Defendant's two brothers 6. The father of the child is KEVIN DEIBLER. He is single. 7. The mother of the child is RACHEL ANDREZESKI. She is single. 8. The child currently resides with Defendant. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court, except as set forth above. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other Court. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 12. Each parent whose parental rights to the child have not been terminated, and the persons who have 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. 13. The best interest and permanent welfare of the minor child will be served by granting Plaintiff shared legal and physical custody. WHEREFORE, Plaintiff requests this Honorable Court to grant him shared legal and physical custody of LUCAS A. ANDREZESKI, born June 8, 2005. Respectfully submitted, Maryan Murphy, Esq ire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 LD. # 61900 Attorney for Plaintiff ~6 VERIFICATION I, KEVIN DEIBLER, verify that the statements made in the foregoing Custody 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. j;%~ U.-l~~ II-/-OS- N DEIBLER ~ ~ ~ ~. - - '"~ -. ~ --..l _. 10 ~ ~ ..j ~ - --= --l:.. ~. @ C) c:.. o ~.n .-1 -;:':';. -!:~ (~. r.1,~;;; ~-n In \ ",0 cP "(\ ~l*~, i, --c, '>~Z?\ >")\ t.:? -~:; '-" '3. -' r;;; (~;:.') ~f1 --~J ", :/.~ KEVIN DEIBLER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5822 CIVIL ACTION LAW RACHEL ANDREZESKI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November IS, 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_I\'!IlJlVIa.nIo"e's-,-1901 State St., Camp Hill, PA 17011 on Monday, December 19, 2005 at 9:00 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 denne and narrow the issues to be heard by the court, and to enter into a temporary ordcr. All children age nve 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 herehy 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/ Melissa P. Greevv, Esq. Custody Conciliator 'r 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 omce. AI! 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 170 I 3 Telephone (7 I 7) 249-3166 ~ !p .2 ~~~) 50-})/-!/ .~ fzy y ~~){, j9,_9/11 ~r Z~-4cl n SO'5/11 ~ ,\':'"':0 9 i, .[' :,J,: C I 1'[,11 ~r-O' 7 . '0 .,;..1 ~J .' ..I~ ~" \,/ }' '.', . "tJl".o..\.I ::0 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION - LAW KEVIN DEIBLER, Plaintiff v. : NO. 2005-5822 RACHELANDREZESKI, Defendant . . : IN CUSTODY PRAECIPE TO REINSTATE ACfION To the Prothonotary: Please reinstate the above action in Custody. Respectfully submitted: ~)C( \& lJ} ~, it · Maryann Murphy, Esquire V 0 PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 61900 Attorney for Plaintiff i( (--> ~--j ,;-- I.... IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN DEIBLER, Plaintiff v. No. 2005-5822 RACHEL ANDREZESKI, Defendant Custody MOTION FOR CONTINUANCE I. Attorney for DEFENDANT, Anthony B. Andrezeski, Esquire, ID No, 88995 asks this Honorable Court for a Continuance ofthe Pre- Hearing Custody Conference scheduled for Monday, December 19,2005 at 9:00am before conciliator Melissa P, Greevy, Esq. at Judge Manlove's office, 1901 State Street, Camp Hill, PA 17011. 2, Attorney Andrezeski received a Summons to Appear for Jury Duty in the Court of Common Pleas of Erie County on December 15,2005. Exhibit One. 3, Attomey Andrezeski is scheduled to start in the jury pool selection process on Friday December 16,2005. 4. There is a high degree of certainty that Attomey Andrezeski will be involved in the jury pool, placed on a panel for selection or selected for a jury on December 19,2005. 5. Attorney Andrezeski's required civic duty to the Court of Common Pleas Erie County will make him unavailable to represent his client at the Pre-Hearing Custody Conference on December 19, 2005 in Camp Hill, P A. 6. At this time Attorney Andrezeski has no knowledge of the time required to complete this jury duty in Erie County. 7, Attorney Andrezeski attests that this delay will not frustrate Plaintiff Kevin Deibler's attempts to see his new- born son, 8. Except for one occasion Attomey Andrezeski affirms that to the best of his knowledge and record Plaintiff Kevin Deibler has been able to see his new- born son every time requested. 9. Attorney Andrezeski asks via this Motion and accompanying Order of Court that a Continuance be granted for the Monday of December 19, 2005 Pre- Hearing Custody Conference until his jury duty is completed. 10. Furthermore Attorney Andrezeski asks this Pre-Hearing Custody Conference be scheduled at the first available opportunity that meets the schedules of the parties involved. II. Attorney Anthony B. Andrezeski thanks the court for consideration of this Motion for Continuance and prays for a timely signing of the accompanying Order of Court. Anthony B. Andrezeski 317 Erford Road Camp Hill, PA 17011 Ph. (717) 433-4191 1yJ; ~1 jj{kf:~" ' ,NYt:' IJ ~ /' SUMMONSTOAPPEARFORJURYDUTY '-y.\:'\".\ Cne. ,-,1\ ,l ,) YOU ARE HEREBY SUMMONED TO SERVEASAJURORINTIfE COURT OF COMMONPLEN, OF ERlECOUNTY AT THE ERIE COUNTY COURTHOUSE IN ERIE, PENNSYLVANIA. YOU ARE TO REPORT AT 8:30AM, SECOND FLOOR, ROOM #211 ONTHE DATE SHOWNBELOW YOU ARE TO FOLLOW THE INSTRUCTIONS BELOW AND ON THEI:EVERSE SIDE. REMEMBER: You can access jury service information at ~w.eriecount:ygov.org (Jury Duty Section) after 4:30 p.m. on the day prior to service date. ERIE COUNTY COURT OF COMMON PLEAS YOUR JURY SERVICE INFORMATION IS GIVEN BELOW r:20::~ER \ l:~::~::ATE FAlLURETO OBEY THE SUMMONSAND/OR (1 J" .()(J. () t~: Jl PROVIDiNG FALSE iNFORMATiON IS SUBJECT BY: _-C'> -~~ ~ ........-,~~ TO CRIMINAL PROSECUTiON WiUiam R. Cunr\ingham,dent Juqge BRING THIS SUMMONS WITH YOU WHEN YOU REPORT FOR JURY DUTY ,,----, , ' ~._.._<,---' '--',-' VERIFICATION I, Anthony B. Andrezeski, hereby swear and affirm that the statements made in the Motion for continuance are true and correct. Furthermore I understand that any false statements herein are subject to the penalties of 18 Pa. C.S.4904, relating to unsworn falsification to authorities. CZt('~~'11. j ~ 5 ,2 CJ CJ s 1~ !/~bf~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACflON - LAW KEVIN DEIBLER, Plaintiff . . v. : NO. 2005-5822 RACHEL ANDREZESKI, Defendant : IN CUSTODY AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on December 12, 2005, I personally served upon the Defendant, RACHEL ANDREZESKI, the reinstated Complaint in Custody and the Order scheduling the Custody Conciliation Conference. 3. The Defendant was served at the Domestic Relations Office in Carlisle, P A at approximately 1:30 p.m. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted: ~~~~~,~. PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-04:!2 LD. # 61900 Attorney for Plaintiff 1".'." '." ~ ...\ c' /~ KEVIN DEIBLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO, 05-5822 CIVIL RACHEL ANDREZESKI, Defendant IN RE: MOTION FOR CONTINUANCE ORDER AND NOW, this 11)" day of December, 2005, the court having reviewed the Erie County website for juror information and it appearing that the petitioner has been excused from jury service, the within petition for continuance is DENIED. BY THE COURT, / .J;!aryann Murphy, Esquire For the Plaintiff ,Ad Anthony B. Andrezeski, Esquire For the Defendant ~issa P. Greevy, Esquire Conciliator ~ '''.', ", " } :rlm \w t\ _\v \to. fi . . Plaintiff DEe 2 81 IN THE COUHT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5822 CIVIL TERM - . KEVIN DEIBLER, v, CIVIL ACTION - LAW RACHEL ANDREZESKI, IN CUSTODY Defendant HESS, J. m INTERIM ORDER OF COURT AND NOW, this '1' day of t-~' 2006, upon consideration of the attached Custody Conciliation Summary Re ort, it' hereby ordered and directed as follows: 1. Leaal Custody. The parties, Kevin Deibler and Rachel Andrezeski, shall have shared legal custody of their minor son, Lucas A. Andrezeski, born June 8, 2005. Each parent shall have an equal right, to be exercised jointly with 'the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and 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 child'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 like treatment; decisions relating to actual or potential litigation involving the child 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 child's best interest. 2. Physical Custody, In the interim, the parties shall follow the following physical custody schedule, in the absence of their mutual agreement to other arrangements: A. times: Father will have custody on the following dates at the following December 19, 2005 December 22,2005 December 23, 2005 December 24, 2005 4:00 p.m. to 7:00 p.m. 5:00 p.m. to 8:00 p.m. 5:00 p,m, to 8:00 p.m. 4:30 p.m. to 8:00 p.m, ..!' q :;i ;;d 6- f:Vr 9QQZ 1,-. .::1\_1 , . NO. 05-5822 CIVIL TERM December 25, 2005 December 26, 2005 December 27, 2005 December 28, 2005 January 6, 2006 January 7, 2006 January 8, 2006 January 10,2006 January 12, 2006 January 14, 2006 January 15, 2006 January 16, 2006 January 19, 2006 January 21, 2006 January 23, 2006 January 26, 2006 12:00 p.m. to 4:00 p.m. 5:00 p.m, to 8:00 p.m. 5:00 p,m. to 8:00 p.m. 5:00 p.m. to 8:00 p.m. 5:00 p.m. to 8:00 p,m, 10:00 a.m. to 8:00 p.m. 10:00 a,m. to 8:00 p.m. 5:00 p.m. to 8:00 p.m. 5:00 p,m, to 8:00 p.m. 10:00 a.m. to 8:00 p.m. 10:00 a.m. to 8:00 p.m. 5:00 p.m. to 8:00 p.m, 5:00 p.m. to 8:00 p.m. 10:00 a,m. until 6:00 p.m. January 22,2006 5:00 p.m. to 8:00 p.m. 5:00 p.m. until the following morning when the child is returned to either the daycare provider or Mother. When Father does not have custody, Mother will have custody. B, Commencing February 3, 2006 Father will have alternating weekend periods of custody from Friday at 6:00 p.m. until Sunday at 6:00 p.m., Monday from 5:00 p.m. to 8:00 p.m. and either Wednesday or Thursday from 5:00 p.m, until the following morning. 3. The Custody Conciliation Conference shall reconvene on February 10, 2006, at 11 :30 a.m. at the office of the Custody Concmator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. 4. Transportation. Transportation shall be providled by the parent receiving custody of the child with the exception of custodial exchanges which occur at the conclusion of an overnight period of custody on Wednesday or Thursday. . . . 7 NO. 05-5822 CIVIL TERM 5, This Interim Order is entered without prejudice to the right of either party to later raise claims for an equally shared physical custody sl~hedule or primary physical custody. BY THE COURT: Dis!: Maryann Murphy. Esquire, PMB 246, 4902 Carlisle ike, Mechanicsburg. PA 17050 > c.'uu ,; Anthony Andrezeski, Esquire, 317 Erford Road, Camp Hill. PA 17011 'r~ - ~. 1~/o~Of" ~. KEVIN DEIBLER, DEe 21005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-5822 CIVil TERM v. CIVil ACTION - LAW RACHEL ANDREZESKI, 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 child who is the subject of this litigation is as follows: NAME DA TE OF BIRTH CURRENTLY IN THE CUSTODY OF Lucas A. Andrezeski June 8, 2005 Mother 2. Father filed a Complaint for Custody on November 8,2005. On November 15, 2005 a Conciliation Conference was scheduled for December 19, 2005. Attending the conference were: the Father, Kevin Deibler, and his counsel, Maryanne Murphy, Esquire; the Mother, Rachel Andrezeski, and her counsel, Anthony Andrezeski, Esquire. 3. Father's position on custody is as follows: Father filed seeking shared legal and physical custody of the parties' son. He reports that he has seen his son in his home, the Mother's home and elsewhere but has only been permittedl to be with him when Mother has been present. There is no set schedule of parenting time. Father would like to have a consistent schedule of alternating weekends from Friday after work until Monday morning and two (2) overnights during the week. Additionally, he offers to be the alternative to a daycare provider during the summer when he is not teaching, or at other times when Mother may be working or at school at times he is also available. Father is a middle school-level Special Education teacher for the lower Dauphin School DistriGt. His workday usually ends at 3:30 p.m. He resides with his fiancee, who is a registered nurse. She is employed two (2) 12 hour shifts each weekend. Father is also in the process of working on his Ph.D., which he expects to require him to attend class one evening a week commencing the week of January 17, 2006. He anticipates knowing which night he will be in class by January 9, 2006. At this time, he believes that it will be either Wednesday or Thursday nights during the Spring 2006 semester. With regards to Mother's attorneys allegations regarding child support, counsel reports that he is wage attached and that it is most likely that the reason she is not receiving support is because she was on welfare. With regard to the false NO. 05-5822 CIVIL TERM swearing allegation, Father's counsel points out that there is no distinction in the law between Father's representation that he is single, as opposed to married, and his representation that he is residing with his fiancee. Father also claims that he asked to see the child on the day he was born but was told that he could not come to the hospital unless he was willing to sign an affirmation of paternity. There al"e apparent factual disputes between the parties with regard to how things were going between them prior to the Conciliation Conference. 4. Mother's position on custody is as follows: Mother resides in Camp Hill with her father and stepmother. She works part-time Monday through Thursday 11 :00 a.m. to 2:30 p.m., Fridays 11 :00 a.m. until 4:30 p.m. and intermittently on some evenings. She had worked on Monday nights during football season, However, that has apparently not been the case recently. Mother also has been attending HAAC on a part-time basis for a few years. During the times when Mother is unavailable due to work or attending HAAC, the infant is in a private daycare home within a block of Mother's residence. Mother claims that Father has only asked to see the child since he became aware that a support action had been filed after the paternity results were obtained. She claims that the five (5) times that he has seen the child have coincided with times only when the fiancee has not been at his home. She denies withholding the child from Father. Initially, Mother had three (3) demands in order to allow the child to see his Father without her present. First, she wanted Father to have parenting classes, which she saw as a safety issue. She pointed out that Father does not even know what the child's cry is for (hunger, needing a diaper changed, tiredness, etc), Second, Mother claims that the child was traumatized by Father's dog, Mother denied that the pet barked at the child, bit him or even licked him, She simply stated that the child cried when he saw the dog and therefore does not want the dog to be present when Father has the child because he was "traumatized." Third, Mother asked that Father's fiancee, Jess, be evaluated because she does not know how the fiancee would react to her child. However, she offers no basis upon which to determine that Jess would be in need of an evaluation or present any risk to the infant. In addition to Mother's concerns, her attorney claims that Father is not paying support and that Father has made false statements to the Court. With regard to the allegation of false swearing, Mother's counsel points to the Custody pleading in which Father states that he is single and compares that with the support pleadings in which he indicates that he resides with his; fiancee. After a lengthy conference, the parties were able to reach an agreement for a temporary and gradually increasing custodial plan which shall allow the Father to develop a relationship with this young infant. Mother's counsel initially demanded an additional Conciliation Conference prior to having overnight periods of custody begin, however, offered no basis which the Conciliator would consider to be valid justification for withholding overnight periods of custody to Father. NO. 05-5822 CIVIL TERM Rather the Conciliator recommended that the parties have a Conciliation after the first few overnights in order to assess the child's response to the custodial plan before further discussions of expanded custodial time. The parties also agreed that Mother would meet Father's fiancee and participate in a gradual introduction of the child to the dog, Maddux, in order to allay Mother's anxieties about Father's periods of ra ustody, /Jj2--1/rt l ilr.& Date ' '-Melissa Peel Greevy, Es Custody Conciliator :265419 . . KEVIN DEIBLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5822 CIVil TERM v. CIVil ACTION - LAW RACHEL ANDREZESKI, IN CUSTODY Defendant HESS, J. m ORDER OF COURT AND NOW, this 2",~ day of February, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. leQal Custodv. The parties, Kevin Deibler and Rachel Andrezeski, shall have shared legal custody of their minor son, Lucas A. Andrezeski, born June 8, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion, Pursuant to the terms of 23 Pa. C. S. 35309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and 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 child'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 like treatment; decisions relating to actual or potential litigation involving the child 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 child's best interest. 2. Physical Custodv. Pending hearing or further agreement of the parties, Mother shall have temporary primary physical custody of the child, subject to Father's rights of liberal partial custody which shall be arranged as follows: A. Commencing February 17,2006, on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m.; B. Each Monday from 5:00 p.m. to 8:00 p.m.; C. Either Wednesday or Thursday from 5:00 p.m until the following morning; 1 (\ ,:" i. .:.- -...,..., <I..) . , NO, 05-5822 CIVIL TERM D. And at such other times as the parties may agree. 3. During the babysitter's vacation in July and August of 2006, Father will have custody of the child during the hours that the babysitter would have had Lucas. 4. Transportation. Transportation shall be provided by the parent receivIng custody of the child with the exception of custodial exchanges which occur at the conclusion of an overnight period of custody on Wednesday or Thursday. 5, Easter 2006. Father's custodial weekend encompasses Easter. However, this custodial weekend will end at 2:00 p.m. in order to accommodate Mother having custodial time with the child on the Easter holiday. 6. A hearing is scheduled in Courtroom Number 4 of the Cumberland County Courthouse, on the / ~ day of ""1'~ ' 2006, at q; .3 0 o'clock tL.M., at which time testimony will be taken, or the purposes of the hearing, the Father 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 custody, a parenting plan, 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. BY THE COURT: Dis!: Maryann Murphy, Esquire. PMB 246, 4902 Carlisle ike. Mechanicsburg, PA 170501 Anthony Andrezeski, Esquire, 317 Erford Road. Camp Hill, PA 17011 ) ) - 1-5./ (J & <q~-i:-v .~~ yf> ,-, . Plaintiff EECEIVEO FED 1 Z;;' Mer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5822 CIVil TERM KEVIN DEIBLER, v. CIVil ACTION - LAW RACHEL ANDREZESKI, 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Lucas A Andrezeski June 8, 2005 Mother 2. The parties' second Custody Conciliation Conference was held on February 10, 2006 with the following individuals in attendance: the Father, Kevin Deibler, and his counsel, Maryanne Murphy, Esquire; the Mother, Rachel Andrezeski, and her counsel, Anthony Andrezeski, Esquire, The conference was scheduled in follow-up to the initial Order of January 9, 2006. The parties' first Order provided Father with a schedule of introduction and gradually increasing involvement with the child, progressing from three hour blocks beginning on December 19, 2005 to the first overnight, which occurred on January 21, 2006. The first alternating weekend period of custody for Father began February 3, 2006. 3. Father's position on custody is as follows: Father believes that the present schedule is going well. However, he continues to take the position he took at filing, which is that the parties should have shared physical custody. He states that the child is sleeping well at his home, but the weekday visit which occurs from 5:00 p.m. to 8:00 p.m. is short, The child often falls asleep towards the end of the visit and sleeps on the way back home to his Mother's home. In fact, when the drive time between the parent's homes is factored in, the visit results in little wake time between Father and the child. Additionally, Father notes that Mother's babysitter will be away for 4 weeks during the summer. Because Father is a teacher and therefore available during the days that the sitter is on vacation, he has offered, and Mother has accepted, that Lucas could be with him during the time that the babysitter is on vacation. With regard to Mother's counsel's allegation that Father's pursuit - ~ NO. 05-5822 CIVIL TERM of shared custody is financially motivated, Father denies this allegation. Father's counsel reports that he consulted with her regarding custody before Lucas was even born. 4. Mother's position on custodv is as follows: Mother does not want to have shared custody. She does not believe a child of Lucas' age should be passed back and forth so much because she believes he is too young for this. Mother also reports that the child's sleep schedule is messed up after he is returned. from his time with Father, particularly after the weekday visit from 5:00 p.m. to 8:00 p,m. Apparently, the child falls asleep in the car on the way home, awakes when he arrives at Mother's home and because of this tends to stay up later that evening. Mother's preference would be to keep the current schedule in place rather than to expand Father's period of custody. Mother's counsel continues to allege that Father only sought custody after Mother filed for child support. 5. The parties were able to agree to Father having some additional custody time during the summer, essentially as a fill-in for the babysitter's four-week vacation from sometime in July through sometime in August. Additionally, Father agreed to end his custodial weekend early, at 2:00 p,m., on Easter Day to allow Mother some time with the child on Easter. However, the parties are not able to reach an agreement with regard to the ultimate schedule. Accordingly, a hearing will be necessary. Counsel have asked that the Court provide one day for this hearing. .1JJS 10'0 Date ~be'Y, .,,"ire Custody Conciliator :269060 KEVIN DEIBLER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-5822 CIVIL TERM RACHEL ANDREZESKI, DEFENDANT CIVIL ACTION - LA W (CUSTODY) PRAECIPE TO ENTER APPEARANCE ON BEHALF OF DEFENDANT TO THE PROTHONOTARY: Please enter the appearance of Steven Howell, Esquire on behalf of the Defendant Rachel Andrezeski in this matter. Respectfully submitted, By: even owell, squire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Maryann Murphy, Esquire UPS Store, PMB 246 4902 Carlisle Pike Mechanicsburg, P A 17050 Date: May 8, 2006 0 l'..) = 0 ~ = -n cr- ~,.. ::E: .~ '"0 CD ::I:." rnr" ::e- m- -?i',. -< r- .k_ _', J5m z [ (/) .. 0 :r ? .".(~ f c.:>u c:: ?-ri 5 -0 ... .. 'T1 , :Jl: ~~ c-) 5~ w orn Z .. '-I ~.:2 N ~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AcrION - LAW KEVIN DEIBLER, Plaintiff : : : v. : NO. 05-5822 Civil Term : RACHELANDREZESKI, Defendant : : IN CUsroDY STIPUlATION FOR ENTRY OF CUsroDYORDER RACHEL ANDllR7.FRKI (hereinafter referred to as "MOTHER"), and KEVIN DEIBLER (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues in the matter of custody with respectto LUCAS A. ANDJ.lF~1CI, born June 8, 2005, the minor child involved in this action, hereby stipulate and agree to tlle entry of an Order of Court awarding custody of LUCAS as follows: 1. The parents agree to share legal custody of LUCAS. The parents agree that major decisions concerning their child, including, but not n~tily limited to, the child's health, welfare, education, religious ttainiT\g and upbringing sball be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in the child's best interest. Each parent agrees not to impair the other parent's rights to shared legal custody of the child. Each parent agrees not to attempt to alienate the affections of the child from the other parent. Each parent shall notify the other of any activity or circumstance concerning her or his child that could reasonably be expected to be of concern to the other. The parent with , .' physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child. and shall appropriatelynotify the other parent of any "h8T1ges in health or educational progress. 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 child 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. In accordance with 23 Pa.C.S.A. Section 5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning his progress and welfare. 2. The parents agree that MOTIIERshall have primary physical custody of LUCAS. 3. The parents agree that FATHER shall have partial physical custody of LUCAS on the following schedule: (a) On alternate weekends from Friday after work until Monday before work beginning with the weekend of May 26, 2006. In the event FATHER is not working on his Friday or Monday, it is anticipated that he shall pick up the child earlier on Friday and/or return the child later on Monday with specific times to be agreed upon between MOTHER and FATHER. (b) Every Wednesday overnight from after work on Wednesdayuntil before work on Thursday. If FATHER is not working on Thursday, he can return the child later by , .' mutual agreement of the parents. (c) On alternate Tuesdays, with one Tuesday from 5:00 p.m. until 8:00 p.m. beginning May 23, 2006, and the other Tuesday from after work until Wednesday before work beginning June 6,2006. If FATHER is not working on Wednesday, he can return the child later by mutual agreement of the parents. 4. Holidays/Special Occasions - The parents agree to the following schedule: a. Easter - In 2007 and in all odd years thereafter, MOTHER shall bavethe child, and in 2008 and in all even years thereafter, FATHER shall have the child. The hours shall be from 9:00 a.m. until 9:00 p.m. b. Thanksgiving - The holiday shall be divided into two segments. Segment "A" shall be from 9:00 a.m. the Wednesday before Thanksgiving until 9:00 a.m. the Friday after Thanksgiving. Segment"B" shall be from 9:00 a.m. the Friday after Thanksgiving until 9:00 am. the Sunday after Thanksgiving. In 2006 and in all even years thereafter, FATHER shall have Segment "A" and MOTHER shall have Segment "B". In 2007 and in all odd years thereafter, MOTHER shall have Segment" A" and FATHER shall have Segment "B". c. Christmas - The holiday shall be divided into two segments. Segment "A" shall be from noon on December 24th until 2:00 p.m. on Christmas Day. Segment "B" shall be from 2:00 p.m. on Christmas Day until 4:00 p.m. on December 26th. In 2006 and in all even years thereafter, MOTHER shall have Segment" A" and FATHER shall have Segment "B". In 2007 and in all odd years thereafter, FATHER shall have Segment "A" and MOTHER shall have Segment "B". d. New Year's Day - The holiday shall be alternated by the parents from year to year from noon on New Year's Eve until 4:00 p.m. on New Year's Day. In 2007 and in all odd years thereafter, FATHER shall have the holiday. In 2008 and in all even years thereafter, MOTHERshall have the holiday. e. MOTHER shall have the child for Mother's Day from 5:00 p.m. the Saturday before the holiday until 5:00 p.m. on Mother's Day; and FATHER shall have the child for Father's Day from 5:00 p.m. the Saturday before the holiday until 5:00 p.m. on Father's Day. f. In 2006 and in all even years thereafter, FATHER shall have Memorial Day and Labor Day and MOTHER shall havethe Fourth of July. In 2007 and in all odd years thereafter, MOTHER shall have Memorial Day and Labor Day and FATHER shall have the Fourth of July. The hours shall be from 9:00 a.m. until 9:00 p.m. g. Trick-or Treat - The parents shall both have the child fortrick-or-treat if it is held on a different night in their respective neighborhoods. If trick- or-treat is hold on the same night in both neighborhoods, MOTHER shall have trick-or-treat in all even years and F ATHERshall have trick-or-treat in all odd years. h. Birthdays - Both parents shall have the opportunity to have the minor child on his birthday, June 8th, and on the parents' respective birthdays (MOTHER's on January l?h and FATHER's on August 31st). i. The holiday schedule shall take precedence over the regular custody schedule. 5. Vacation - The parents agree that each shall have the child for two (2) four (4) day periods in 2006, and for two (2) five (5) day periods in 2007. These days should be taken in conjunction with that parent's regular weekend. It is anticipated that the parents may expand vacation time in future years by their mutual agreement. MOTHER and FATHER shall give each other as much notice as possible of their chosen period(s) for vacation. In the event both parents choose the same period(s), the parent who gives first notice shall prevail. 6. In the event the parents cannot agree on the specific time for a custody exchange or the time is not otherwise designated in a prior paragraph, the parents agree that the exchange times during the school year are 7:00 a.m. and 8:00 p.m. During the summer, the exchange times are 8:00 a.m. and 8:00 p.m. 7. In the event FATHER is not working on a weekday during the school year and desires to spend additional time with the child, the parents agree that the child will be v ,......~l,~ \ '1 l?~ W returned to MOTHER no later than 9:00 a.m. on the day following FATHER's overnight unless the parents mutually agree to another more convenient time. 8. Both parents agree that they shall telephone the other parent's cell phone if they are going to be more than fifteen (15) minutes late to a custody exchange. 9. MOTHER and FATHER agree that this custody schedule can be altered or modified by their mutual agreement. 10. The parents agree to permit and support the child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other . ; unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with the regular schedule. 11. MOTHER and FATHER agree that during any period of custody, they shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents further agree thattheysball not use anytobacro products in the presence of the child. The parents shall likewise ensure, to the extent possible, that other household members and/or houseguests comply with these prohibitions. 12. The parents agree that eacb shall be entitled to reasonable telephone contact with the child when in the custody of the other parent. 13. Both parents agree to establish a no-eonflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child. Each parent shall speak respectfully of the other. The parents agree that communication should always take place directly between the parents, without using the child as an intermediary. 14. If the minor child spends the night outside Cumberland or York Counties, MOTHER and FATHER agree to give each other prior notice and provide the other parent with an address and phone number for contact. 15. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania. for approval and forentry of an Order awarding custody as set forth herein. 16. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force . and effect pending further Order of Court. IN wrrNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. t,/r/ao Date iP/JJL Date '\ DEIBLER (.... f"--.") , , C? () , cr-. -n .~-( i c c::> ~ i',) C:) t r:::-:'~EiVH !U\' ~ n '1M \1) -. . ) .'. .. J Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mecbanicsburg. PA 17050 (717) 73()-()422 IN'nIEOOUKl' OFOOMMON PLl!.ASOF CUMBmU..AND COUNTY, PENNSYLVANIA CIVILACnON - LAW KEVIN DEIBLER. Plaintiff : . . . . v. : NO. 05-5822 CivD Term : RACllELANDIlR.Zll'JU<I, Defoendant : : IN CUSTODY ORnER. OF COUllT ANDNOW,this ::Jo- dayof 1........ . 2006, upon consideration of the attached Stipulation for Entry of Custody Order, IT IS HEREBY ORDERED AND DECREED that custody of LUCAS A. ANDJtF.7.1l'RlCI. born June 8,2005, shall be as follows: 1. The parents sball share legal custody of LUCAS. Major decisions concerning their child, including, but not nec- ., ...uy limited to, the child's health. welfare, llCi1waoon, religious training and upbringi1\g sball be made by them jointly, after ~Ission and consultation with each other, with a view toward obtaining and following an harmonious policy in the child's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the child. Neitherparentsball attemptto alienate the affections ofthechild from theotherpareot Each parent sball notify the other of any activity or cireu:mstance concerning her or his ',r';;\J 1 ? ". I' I 0" r Cili'7. ~.J "t..,(.v i .Juu." child that could reasonably be expected to be of concern to the other. The parent with physical custody duriog any given period of time shall communicate in a prompt fashion with the other parent concemingthe well-being of their child, and shaD appropriatelynotify the other parent of any ..1uo11ges in health or educational progress. Day to day decisions shall be the responsibility of the parent then having physical custody. WIth regard to any emergency decisions which must be msu'lp~ the parent having physical custody of the child at the time of the emergency shall be permitted to make any imm...msotP decisions nee e ~ ilated thereby. However, that parent shaD inform the other of the emergency and consult with him or her as soon as possible. In acrordance with 23 Pa.C.SA Section 5309, each parent shall be entitled to complete and full information from any doctor, dentist. teal'her, profU'lSional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. Each parent shall execute any and alllega.l authorizations so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning his progress and welfare. 2. MOTHER shall have primary physical custody of LUCAS. 3. FATHER shall have partial physical custody of LUCAS on the following schedule: (a) On alternate weekends from Friday after work until Monday before work bP.ginnillg with the weekend of May 26, 2006. In the event FATHER is not working on his Friday or Monday, it is anticipated that he shall pick up the child earlier on Fridayand/or return the child later on Mondaywith specific times to be agreed upon between MOTHER and FATHER. (b) Every Wednesday ovemightfrom after work on Wednesdayuntil beforework on Thursday. If FATHER is not working on Thursday, he can return the child later by mutual agreement of the parents. (c) On alternate Tuesdays, with one Tuesday from 5:00 p.m. until 8:00 p.m. beginning May 23, 2006, and the other Tuesday from after work until WedD 1SdAy' before work~nning.June6, 2006. IfFATHERisnotworkingon Wednesday, hecan return the child later by mutual agreement of the parents. 4- Holidays/Special Occasions - The parents shall have the child on the following schedule: a. Easter - In 2007 and in all odd years thereafter, MOTHER shaIl have the child, and in 2008 and in all even years thereafter, FATHERshall have the child The hours shall be from 9:00 a.m. until 9:00 p.m. b. Thanksgiving - The holiday shall be divided into two segments. Segment "A" shall befrom 9:00 a.m. the Wednesday before Thanksgiving until 9:00 a.m. the Friday after Thanksgiving. Segment "B" shall be from 9:00 a.m. the Friday after Thanksgiving until 9:00 a.m. the Sunday after Thanksgiving. In 2006 and inaIlevenyearsthel~, FATHERshaIlhave Segment "A" and MOTHER sbaII have Segment "B". In 2007and in all odd yeats thereafter, MOTHERsbaIl have SP.gJneIJt "A" and FATHERsbaIl have Segment "B". c. Christmas - The holiday shall be divided into two segments. Segment "A" shall be from noon on December 24th until 2:00 p.m. on Christmas Day. Segment "B" shall be from 2:00 p.m. on Christmas Dayuntil4=oo p.m. on December 26th. In 2006 and in all even years thereafter, MOTIIER shall have Segment "A- and FATHERshall have Segment "B-. In 2007 and in all odd years thereafter, FATHER shall have Segment "A- and MOTIIERshall have Segment "B". d. New Year's Day - The holiday shall be alternated by the parents from year to year from Il()()n on New Year's Eve until 4=00 p.m. on New Year's Day. In 2007 and in all odd years thereafter, FATHER shall have the holiday. In 2008 and in all even years thereafter, MOTIIER shall have the holiday. e. MOTIIER shall have the child for Mother's Day from 5:00 p.m. the Saturday beforethe holidayuntil $00 p.m. on Mother's Day; and FATHER shall have the child for Father's Dayfrom $00 p.m. the Saturday beforetbe holiday untilS:oo p.m. on Father's Day. f. In 2006 and in all even years thereafter, FATHERshaD have Memorial Day andLabor Day and MOTHERshall have the Fourth of July. In 2007 and in all oddyearsthereafter, MOTIIERshall have Memorial Day and Labor Day and FATHER shall have the Fourth of July. The hours shall be from 9:00 a.m. until 9:00 p.m. g. Trick-orTreat - The parents shall both have the child for trick-or--treatifit is held on a different night in their respective neighborhoods. Iftrick-or- treat is holdon the same night in both -igJ1horhoods, MOTIIERshaD have trick-or-treat in all even years and FATHER shaD have trick-or-treat in all odd years. h. Birthdays - Both parents shall have the opportunity to have the minor child on his birthday, June 8th, and on the parents' respective birthdays (MOTHER's on January IT" and FATHER's on August 31st). i. The holiday schedule shall take precedence over the regular custody schedule. 5. Vacation - Each parent shall have the child for two (2) four (4) day periods in 2006, and for two (2) five (5) day periods in 2007. These days should be taken in conjunction with that parent's regular weekend. It is anticipated that the parents may expand vacation time in future years by their mutual agreement. MOTHER and FATHER shall give each other as much notice as possible of their chosen period(s) for vacation. In the event both parents choose the same period(s), the parent who gives first notice shall prevail. 6. In the event the parents cannot agree on the specific time for a custody exchange or the time is not otherwise designated in a prior paragraph, the exchange times during the school year are 7:00 a.m. and 8:00 p.m. During the summer, the exchange times are 8:00 a.m. and 8:00 p.m. 7. In the event FATHER is not working on a weekday during the school year and desires to spend additional time with the child, the child will be returned to MOTHER no later than 9:00 a.m. on the day immediately following FATHER's overnight unless the parents mutually agree to another more convenient time. 8. Both parents shall telephone the other parent's cell phone if they are going to be more than fifteen (15) minutes late to a custody exchange. 9. This custody schedule can be altered or modified by mutual agreement of the parents. 10. The parents shall permit and support the child's ~ to all family relationships. Special family events such as weddings. family reunions. family gatherings, funerals, graduations. etc. shall be aa:ommodated by both parents with the routine schedule ro-1ming immediately thereafter. Each parent shall have the option ofproposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arraqgiTlg regularly occurring extracurricular activities forthe child which might interfere with the regular schedule. IL During any period ofcustody, MOTHER and FATHER shall not posseSG or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall not use any tobacco products in the presence of the child. The parents shall likewise ensure, to the extent possible, that other household members and/or houseguests comply with these prohibitions. 12. Both parents shall be entitled to reasonable telephone contact with the child when in the custody of the other parent. 13. Both parents shall establish a no-oonflict zone for their child and refrain from flUlking de..v&<durycomments about the other parent in the p.........~ of the child and, to the extent possible, shall not permit third parties from making such comments in the pIeSence of the child. Each parent shall speak respectfully of the other. Communication should always take place directly between the parents, without using the child as an intermediary. 14- If the minor child spends the night outside Cumberland or York Counties, MOTIfERand FATHERshall give each other prior notice and provide the oI:herparent with an address and phone number for contact. 15. This Order shall replace and supersede any and aD prior Custody Orders and shall IP.msin in full fome and effect pending further Order of Court. BY THE COURT: ,/14- J. Distribution: ~ Plaintiff: Maryann Murphy, Esquire yor Defendant SbMm. Howell. F.squ!re ~