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HomeMy WebLinkAbout06-3530 MADYLENE RUBENDALL, Plaintiff VS. ADAM WEISER, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY, PENNSYLVANIA * NO. o` -3n6 C ?L `rte * CIVIL ACTION -LAW * IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER=S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MADYLENE RUBENDALL, Plaintiff ADAM WEISER, * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY, PENNSYLVANIA VS. * NO. CX. -J536 Defendant * CIVIL ACTION -LAW * IN CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, MADYLENE RUBENDALL, by and through her attorney, Thomas M. Clark, 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 Madylene Rubendall, who currently resides at 7073 Carlisle Pike, Lot 222, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Adam Weiser, who currently resides at 6398 Spring Road, Shermansdale, Pennsylvania 17090. 3. Plaintiff seeks primary physical custody of the following child: Shawna Weiser, born on July 25, 2000. The child is presently in the physical custody of Plaintiff. 4. During the past five years, the child has resided with the following persons and at the following addresses: Dates A. From November 2005 to Present Address Persons 7073 Carlisle Pike Mother Lot 222 Carlisle, PA 17013 46 The mother of the child is Madylene Rubendall, currently residing at 7073 Carlisle Pike, Lot 222, Carlisle, Cumberland County, Pennsylvania. The father of the child is Adam Weiser, currently residing at 6398 Spring Road, Shermansdale, Pennsylvania. 5. The relationship of Plaintiff to the child is that of Mother. 6. The relationship of Defendant to the child is that of Father. 7. Plaintiff has no information of a custody proceeding concerning the child 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 child or who claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical custody of the child. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to award her primary physical custody of the minor child with partial physical custody to Defendant. submitted, 70X, COLGAN & MARZZACCO By: Dated: Thomas M. Clark, Esquire ID # 85211 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 VERIFICATION I, Madylene Rubendall, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to Dated: ?'22-W Kg -f. r?zr c , ;n MADYLENE RUBENDALL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY,, PENNSYLVANIA VS. No. 01o - 2930 ADAM WEISER, CIVIL ACTION -LAW Defendant IN CUSTODY CUSTODY STIPULATION AGREEMENT 1. Plaintiff, MADYLENE RUBENDALL, (hereinafter referred to as "Mother" or "parent"), and Defendant, ADAM WEISER, (hereinafter referred to as "Father" or "parent"), shall share legal custody of their minor child, Shawna Weiser, born July 25, 2000. 2. Mother and Father agree that the major decisions concerning the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy in the child's best interests. 3. Each parent agrees to keep the other parent informed of the progress of the child's education and social adjustments. 4. Each parent agrees not to impair the other parent's right to share legal custody of the child. 5. Each parent agrees to give support to one another in their role as parents and to take into account the consensus of the other for the physical and emotional well- being of the child. 6. The parents agree not to alienate the affections of the child for the other parent. 7. Each parent shall notify the other of any of the child's activities that could reasonably be expected to be of significant concern to the other parent. 8. Each parent agrees to notify the other if the child is involved in any significant accident, injury or illness. The parents agree to cooperate in sharing any of the child's medical insurance information. In addition, if the child has been prescribed medication, the custodial parent agrees to dispense said medication pursuant to the prescribing doctor's orders. 9. Each parent shall have equal rights and access to visit the child if the child is confined to a medical institution so long as said visits are consistent with medical advice. 10. Father is aware that Mother is planning to relocate out of state with the child. Father is in agreement with Mother relocating with the child. The relocation will take place within one (1) year from the signing of this Agreement. Prior to the relocation, Mother shall retain primary physical custody, as defined in the Custody Act, of the minor child. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Prior to Mother's relocation, Father shall have partial physical custody of the minor child as follows: Every weekend from Friday at 4:00 p.m. until Sunday at 6:00 p.m. CHRISTMAS: In even numbered years, Mother shall have the right of custody from December 24`h at noon through December 25`h at noon, with Father having custody from December 25`h at noon through December 26`h at noon. In odd numbered years, Father shall have the right of custody from December 24th at noon through December 25`h at noon, with Mother having custody from December 25`h at noon through December 26`h at noon. THANKSGIVING: In even numbered years, Mother shall have the right of custody from the day prior to Thanksgiving Day at noon through Thanksgiving Day at noon, with Father having custody from Thanksgiving Day at noon through the day following Thanksgiving at noon. In odd numbered years, Father shall have the right of custody from the day prior to Thanksgiving Day at noon through Thanksgiving Day at noon, with Mother having custody from Thanksgiving Day at noon through the day following Thanksgiving Day at noon. EASTER: In even numbered years, Mother shall have the right of custody from the day Prior to Easter Day at noon through Easter Day at noon, with Father having custody from Easter Day at noon through the day following Easter Day at noon. In odd numbered years, Father shall have the right of custody from the day prior to Easter Day at noon through Easter Day at noon, with Mother having custody from Easter Day at noon through the day following Easter day at noon. MOTHER'S DAY AND FATHER'S DAY: Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 a.m. until 8:00 p.m. HOLIDAYS: All other Holidays are to be determined by the mutual agreement of the parties. OTHER TIMES: At any other times that the parties by mutual agreement can agree. 11. Upon relocation, Mother shall retain primary physical custody, as defined in the Custody Act, of the minor child. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Upon the relocation of Mother, Father shall have partial physical custody of the minor child as follows: In even numbered years, Father shall have partial physical custody of the child during the summer months for a period of eight consecutive weeks. This period of partial custody is to start at 9:00 a.m. on the Monday following the child's last day of school. In odd numbered years, Father shall have partial physical custody of the child during the summer months for a period of eight consecutive weeks. This period of partial custody is to end at 5:00 p.m. on the Monday of the first full week immediately prior to the child's first day of school. Father's periods of partial custody shall not interfere with the child's attendance at school nor shall it interfere with attendance at any extracurricular activity previously scheduled for the child whether associated with school or another organized event. CHRISTMAS: In even numbered years, Father shall have the right of custody for the Christmas Holiday for a period of one (1) week in duration. In odd numbered years, Mother shall have the right of custody for the Christmas Holiday for a period of one (1) week in duration. THANKSGIVING: In odd numbered years, Father shall have the right of custody for the Thanksgiving Holiday for a period of one (1) week in duration. In even numbered years, Mother shall have the right of custody for the Thanksgiving Holiday for a period of one (1) week in duration. HOLIDAYS: All other Holidays are to be determined by the mutual agreement of the parties. OTHER TIMES: At any other times that the parties by mutual agreement can agree. 12. Transportation shall be shared by the parties, with the parent who is to receive custody at the time of exchange to provide for transportation from the residence of the other parent. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 13. During the time that a parent does not have physical custody of the child, said parent shall have the right to speak with the child by telephone and/or e-mail on a liberal basis as mutually agreed upon by the parties. 14. Neither parent shall abuse alcohol or use illegal substances while the child is in his or her custody. No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any part of a confined area with the child present. 15. The parties are free to modify the terms of this Order but in order to do so, the Court That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows their own idea as to what they think the arrangements should be. This Agreement and Court Order is set out in detail so both parties have it to refer to and to govern their relationship with the child and with each other in the event of a disagreement. 16. This Agreement shall be construed and governed by the laws of the Commonwealth of Pennsylvania. 17. Both parents have had the opportunity to consult with and obtain the advice of separate legal counsel prior to signing this Agreement. WITNESS: 7r T 4 'r ? MADYLENE RUBENDALL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3530 CIVIL ADAM WEISER, CIVIL ACTION -LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 28" day of June, 2006, the Court being in receipt of a Custody Stipulation Agreement signed by both parties, and the parties having made representation that they have read and reviewed the stipulation and proposed order of court and the parties having agreed that they shall be bound by the provisions included in the stipulation, IT IS HEREBY ORDERD AND DIRECTED that the Custody Stipulation Agreement attached hereto shall be an Order of Court and shall govern the parties relations with respect to their minor child Shawna Weiser. By the Court, 4e.rlek L. 8661& Thomas Clark, Esquire Attorney for Plaintiff Adam Weiser J Defendant bas M. L. Ebert, Jr., J. O?, 4 j5 4J 1 Madylene Rubendall, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Adam Weiser, : No. 06 - 3530 CIVIL Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY Petitioner is Adam Weiser, who resides at 296 Fox Hollow Road, Shermansdale, Perry County, Pennsylvania 17090. 2. Respondent is Madylene Rubendall, who resides at 213 Key West Boulevard, Carlisle, Cumberland County, Pennsylvania 17015. 3. On June 28, 2006, the Honorable M.L. Ebert, Jr. entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Petitioner Father is fearful for the safety of the minor child, Shawna Weiser, born July 25, 2000, due to the neglect of the child as he has been made aware that Cumberland County Children and Youth are involved in the matter. 5. The best interest of the child will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Primary physical custody in Father with agreed upon visitation in Mother. Respectfully submitted, Rominger & Associates M Zaam Date: Of jEw-jy ???_~I Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #206671 Attorney for Petitioner Madylene Rubendall, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Adam Weiser, : No. 06 - 3530 CIVIL Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, certify that I this day served a copy of the within Petition to Modem Custody upon the following by depositing the same in the United States Mail, postage pre- paid, certified with return receipt and first class mail, addressed as follows: Thomas Clark, Esquire 130 W. Church Street Dillsburg, PA 17019 Respectfully submitted, Rominger & Associates Date: I 3 D 7 ?'' Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #206671 Attorney for Petitioner MADYLENE RUBENDALL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3530 CIVIL ADAM WEISER, : CIVIL ACTION - LAW DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, this 28" day of June, 2006, the Court being in receipt of a Custody Stipulation Agreement signed by both parties, and the parties having made representation that they have read and reviewed the stipulation and proposed order of court and the parties having agreed that they shall be bound by the provisions included in the stipulation, IT IS HEREBY ORDERD AND DIRECTED that the Custody Stipulation Agreement attached hereto shall be an Order of Court and shall govern the parties relations with respect to their minor child Shawna Weiser. By the Court, M. L. Ebert, Jr., J' Thomas Clark, Esquire Attorney for Plaintiff Adam Weiser Defendant bas 'T'RUE CO?Y FROM I.ECORD In Testir;ony whereof, t here unto a4fi my hand t rlisle, Pa. and seal of snyurAl..., Th,L.x 4 ZJ / ( /?/9 " MADYLENE RUBENDALL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. ADAM WEISER, CIVIL ACTION -LAW Defendant IN CUSTODY - - -> CUSTODY STIPULATION AGREEMENT 1. Plaintiff, MADYLENE RUBENDALL, (hereinafter referred to as "Mother" or "parent"), and Defendant, ADAM WEISER, (hereinafter referred to as "Father" or "parent"), shall share legal custody of their minor child, Shawna Weiser, born July 25, 2000. 2. Mother and Father agree that the major decisions concerning the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy in the child's best interests. 3. Each parent agrees to keep the other parent informed of the progress of the child's education and social adjustments. 4. Each parent agrees not to impair the other parent's right to share legal custody of the child. 5. Each parent agrees to give support to one another in their role as parents and to take into account the consensus of the other for the physical and emotional well- being of the child. 6. The parents agree not to alienate the affections of the child for the other parent. 7. Each parent shall notify the other of any of the child's activities that could reasonably be expected to be of significant concern to the other parent. 8. Each parent agrees to notify the other if the child is involved in any significant accident, injury or illness. The parents agree to cooperate in sharing any of the child's medical insurance information. In addition, if the child has been - prescribed medication, the custodial parent agrees to dispense said medication pursuant to the prescribing doctor's orders. 9. Each parent shall have equal rights and access to visit the child if the child is confined to a medical institution so long as said visits are consistent with medical advice. 10. Father is aware that Mother is planning to relocate out of state with the child. Father is in agreement with Mother relocating with the child. The relocation will take place within one (1) year from the signing of this Agreement. Prior to the relocation, Mother shall retain primary physical custody, as defined in the Custody Act, of the minor child. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Prior to Mother's relocation, Father shall have partial physical custody of the minor child as follows: Every weekend from Friday at 4:00 p.m. until Sunday at 6:00 p.m. CHRISTMAS: In even numbered years, Mother shall have the right of custody from December 24"' at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at noon. In odd numbered years, Father shall have the right of custody from December 24th at noon through December 25th at noon, with Mother having custody from December 25th at noon through December 26th at noon. THANKSGIVING: In even numbered years, Mother shall have the right of custody from the day prior to Thanksgiving Day at noon through Thanksgiving Day at noon, with Father having custody from Thanksgiving Day at noon through the day following Thanksgiving at noon. In odd numbered years, Father shall have the right of custody from the day prior to Thanksgiving Day at noon through Thanksgiving Day at noon, with Mother having custody from Thanksgiving Day at noon through the day following Thanksgiving Day at noon. EASTER: In even numbered years, Mother shall have the right of custody from the day Prior to Easter Day at noon through Easter Day at noon, with Father having custody from Easter Day at noon through the day following Easter Day at noon. In odd numbered years, Father shall have the right of custody from the day prior to Easter Day at noon through Easter Day at noon, with Mother having custody from Easter Day at noon through the day following Easter day at noon. MOTHER'S DAY AND FATHER'S DAY: Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 a.m. until 8:00 p.m. HOLIDAYS: All other Holidays are to be determined by the mutual agreement of the parties. OTHER TIMES: At any other times that the parties by mutual agreement can agree. 11. Upon relocation, Mother shall retain primary physical custody, as defined in the Custody Act, of the minor child. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Upon the relocation of Mother, Father shall have partial physical custody of the minor child as follows: In even numbered years, Father shall have partial physical custody of the child during the summer months for a period of eight consecutive weeks. This period of partial custody is to start at 9:00 a.m. on the Monday following the child's last day of school. In odd numbered years, Father shall have partial physical custody of the child during the summer months for a period of eight consecutive weeks. This period of partial custody is to end at 5:00 p.m. on the Monday of the first full week immediately prior to the child's first day of school. Father's periods of partial custody shall not interfere with the child's attendance at school nor shall it interfere with attendance at any extracurricular activity previously scheduled for the child whether associated with school or another organized event. CHRISTMAS: In even numbered years, Father shall have the right of custody for the Christmas Holiday for a period of one (1) week in duration. In odd numbered years, Mother shall have the right of custody for the Christmas Holiday for a period of one (1) week in duration. THANKSGIVING: In odd numbered years, Father shall have the right of custody for the - Thanksgiving Holiday for a period of one (1) week in duration. In even numbered years, Mother shall have the right of custody for the Thanksgiving Holiday for a period of one (1) week in duration. HOLIDAYS: All other Holidays are to be determined by the mutual agreement of the parties. OTHER TIMES: At any other times that the parties by mutual agreement can agree. 12. Transportation shall be shared by the parties, with the parent who is to receive custody at the time of exchange to provide for transportation from the residence of the other parent. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 13. During the time that a parent does not have physical custody of the child, said parent shall have the right to speak with the child by telephone and/or e-mail on a liberal basis as mutually agreed upon by the parties. 14. Neither parent shall abuse alcohol or use illegal substances while the child is in his or her custody. No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any part of a confined area with the child present. 15. The parties are free to modify the terms of this Order but in order to do so, the Court That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows their own idea as to what they think the arrangements should be. This - Agreement and Court Order is set out in detail so both parties have it to refer to and to govern their relationship with the child and with each other in the event of a disagreement. 16. This Agreement shall be construed and governed by the laws of the Commonwealth of Pennsylvania. 17. Both parents have had the opportunity to consult with and obtain the advice of separate legal counsel prior to signing this Agreement. WITNESS: F FILE NOTARY 2004 NOY '4 Am it.. 50 LC.V : u ) ' tr Ty 3';?- ? 5-T MADYLENE RUBENDALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM WEISER DEFENDANT 2006-3530 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 10, 2009 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 11, 2009 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: !s! , john-1. Mangan,_fr., Esq. y?(1 Custody Conciliator iv, The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OZJ24 Oop M-?Utlzz-L? Y L). M" ?Opy -10 W? -T C?,j :,? Of4y'j. O « MADYLENE RUBENDALL,: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2006-3530 CIVIL ACTION - LAW ADAM WEISER, IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Madylene Rubendall, in the above captioned case. Respectfully submitted, A44G--- Je i a Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 11-y m C MADYLENE RUBENDAI.L,: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006-3530 CIVIL ACTION - LAW ADAM WEISER, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Plaintiff, Madylene Rubendall, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: (? •?f • d? JVia Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 FILED,?rICE OF THE PR}rrMT 1009 DEC -8 PM 3: 13 m i?? It _ , P NNSZVXI;?i/A MADYLENE RUBENDALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 06-3530 CIVIL ACTION LAW ADAM WEISER, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this 15 ? day of December 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court entered in this matter are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Father, Adam Weiser, and the Mother, Madylene Rubendall, shall have shared legal custody of Shawna Weiser, born 07/25/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and 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. 3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's physical custody as follows: a. Mother shall have physical custody of Shawna every weekend from Friday 7:00 pm until Sunday 6:00 pm. The non-custodial parent shall pick up the Child at the custodial parent's residence at the designated times. b. Mother and Father shall arrange physical custody of the Child at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. All other holidays are to be mutually agreed upon. 6. Vacation: The parents shall arrange vacation time by mutual agreement. S 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. It. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, JR. Di button: 55sica Holst, Esquire .Vincent Monfredo, Esquire hn J. Mangan, Esquire ?p t f?S ? tac L 9-r- L HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day I' Half From noon the day before Easter Mother Father until noon Easter day Easter Day 2° Half From noon Easter day until noon the Father Mother day after Easter Thanksgiving 0 From noon the day before Mother Father Half Thanksgiving until noon Thanksgiving day Thanksgiving 2° From noon Thanksgiving day until Father Mother half noon the day after Thanksgiving Christmas 1 st Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2" Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Da From 9 am until 8 m Mother Mother Father's Day From 9 am until 8 m Father Father MADYLENE RUBENDALL, Plaintiff V. ADAM WEISER, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3530 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Shawna Weiser 07/25/2000 Father and Mother 2. An order of Court had been issued June 26, 2006 pursuant to a stipulated agreement. A Conciliation Conference was held with regard to this matter on December 10, 2009 with the following individuals in attendance: The Mother, Madylene Rubendall, with her counsel, Jessica Holst, Esq. The Father, Adam Weiser, with his counsel, Vincent Monfredo, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo. M gan, Esquire C tody Conciliator FILED-OFFICE OF THE PROTHONOTARY 2009 DEC 15 PM, 3: 23