HomeMy WebLinkAbout95-01384
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IN THE COURT OF COMMON
PLEAS
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OF CUMBERLAND COUNTY
STATE OF '* PENNA.
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J()SEPIlI{.ROSS, III,
Plaintiff
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"" BARBARA D., ROSS,
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DECREE IN
DIVORCE
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AND NOW, '" ,O.c;.1A~,c:.r" :t.~"".",. 19., ~,6", it is ordered and
decreed that""". ,~9;;:E.~~ '~'" .~9;;~." ,n;r""""""",.,.,. plaintiff,
and ' , , , , , , , . ,'il?\~,l!~~?\, .~ ~ , !l~,~~ , , , . , , , , . , , , . , , , , , . . , , . , , , , , " defendant,
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
The terms of the parties' Separation and Property Settlement
Agreement entered into on August 22, 1996 are incorporated
................................. ......... .................... ...... ......,
herein.
ny The CourlYJ i:~
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hereto from commencing, instituting or prosecuting any action or
actions for divorce, either absolute or otherwise, upon just, legal
and proper grounds; nor to prevent either party from defending any
such action which has been, mayor shall be instituted by the other
party, or from making any just or proper defense thereto. It is
warranty, covenanted and represented by Husband and wife, each to
the other, that this Agreement is lawful and enforceable and this
warranty, covenant and representation is made for the specific
purpose of inducing ~usband and Wife to execute the Agreement.
Husband and Wife each knowingly and understandingly hereby waives
any and all possible claims that this Agreement is, for any reason,
illegal or for any reason whatsoever, unenforceable in whole or in
part. Husband and Wife each do hereby warrant, covenant and agree
that, in any possible event, he and she are and shall forever be
estopped from asserting any illegality or unenforceability as to
all or any part of this Agreement.
B. ENTRY AS PART OF DECREE - It is the intention of the
parties that the Agreement shall survive any action for divorce
8. DIVISION OF MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the
parties, they agree as follows:
Wife: Motor vehicle presently in her possession.
Husband: Motor vehicle presently in his possession.
The titles to the said motor vehicles shall be executed by the
parties, if appropriate, for effectuating transfer as herein
provided, on the date of execution of this Agreement or at any time
thereafter at the request of either party.
9. DISPOSITION OF PROPERTY
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From and after the date of the signing of this Agreement, both
parties shall have complete freedom of disposition as to his/her
separate property and any property which is in their possession or
control pursuant to this Agreement and may mortgage, sell, grant,
conveyor otherwise encumber or dispose of such property, whether
real or personal, whether such property was acquired before, during
or after marriage, and neither Husband nor Wife need join in,
.
consent to, or acknowledge any deed, mortgage, or other instrument
of the other pertaining to such disposition of property.
10. DIVISION OF REAL PROPERTY
Husband and Wife hereby agree and acknowledge that they own
certain real property located at 431 Hillcrest Drive, Carlisle,
Pennsylvania, as tenants by the entireties.
Wife hereby agrees to convey all her right, title and interest
in said property to Husband.
Wife agrees to execute a deed or
other instrument of conveyancing necessary to effectuate this
transfer at the time of the execution of this document. The
parties agree that the executed deed shall be held in escrow by
wife's attorney until Husband has fully complied with Section 2.E
of the Custody Order dated October 25, 1995, docketed at No. 1384,
Civil - Custody, attached as Exhibit "A". Husband agrees to fully
cooperate with Dr. A. Shienvold for the completion of the custody
evaluation.
The parties acknowledge that there is an existing mortgage
against this property held ~y Norwest Mortgage in the amount of
approximately $99,347.67. Husband agrees to obtain financing such
that she shall either satisfy said mortgage in total or shall
assume total liability for the mortgage. Husband shall hold Wife
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harmless and indemnify her from liability for this obligation and
other obligations arising from this property.
11. PA~ENT OF SPECIFIED OBLIGATIONS
The parties agree that the following constitute joint marital
obligations which shall be paid by the following person:
B.
HUSBAND - All debts incurred in his name alone.
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WIFE - All debts incurred in her name alone.
12. LEGAL FEES
Each party shall pay his or her own attorneys fees.
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F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification
or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties and no waiver of any breach
hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
G. MUTUAL COOPERATION - Each party shall, at any time and
from time to time hereafter, take any and all steps and execute,
acknowledge, and deliver to the other party any and all further
instruments and/or documents that the other party may reasonably
require for the purpose of giving full force and effect to the
provisions of this Agreement.
H. LAW GOVERNING - This Agreement shall be construed and
governed in accordance with the laws of the Commonwealth of
Pennsylvania.
I. BINDING EFFECT - Except as otherwise stated herein, this
Agreement shall be binding and shall inure to the benefit of the
parties
hereto
and
their
respective
heirs,
executors,
administrators, successors, and assigns.
M. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein
otherwise provided, each party may dispose of his or her property
in any way, and each party hereby waives and relinquishes any and
all rights he or she may have or hereafter acquire, under the
present or future laws of Pennsylvania or another jurisdiction, to
share in the property or the estate of the other as a result of the
curtesy, their statutory equivalents, widow's allowance, homestead
marital relationship, including, without limitation, dower,
rights, right to take in intestacy, right to take against the will
of other, and right to act as administrator or executor of the
other's estate, and each party will, at the request of the other,
execute, acknowledge, and deliver any and all instruments which may
be necessary or advisable to carry into effect this mutual waiver
and relinquishment of all such interests, rights and claims.
N. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that
either party breaches any provision of this Agreement, and the
other party retains counsel to assist in enforcing the terms
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thereof, the parties hereby agree that the breaching party will pay
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all reasonable attorneys' fees, court costs, and expenses incurred
by the other party in enforcing the Agreement.
IN WITNESS WHEREOF, and intending to be bound hereby, the
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parties have signed and sealed this Agreement on the ~ day of
A'O",,-r
, 1996, at Harrisburg, pennsylvania.
In the presence of:
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2d<kZ #1?/lJJl ~ ~lJfL.
arbara D. Ross
(SEAL)
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Joseph -R. Ross, f
(SEAL)
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JOSEPH R. ROSS, III
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95- IUY
CIVIL TERM
BARBARA D. ROSS,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 330llc\
OF THE DIVORCE CODE
1. Plaintiff is Joseph R. Ross, III, who currently resides
at
431
Hillcrest
Drive,
Carlisle,
Cumberland County,
Pennsylvania.
2. Defendant is Barbara D. Ross, who currently resides in
Blain, Perry County, Pennsylvania with a mailing address of P.O.
Box 255, Ickesburg, Perry County, Pennsylvania 17037.
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on September
29, 1986 in Newville, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6, The Plaintiff has been advised of the availability of
SAlOIS, GUIDO, marriage counseling and the Plaintiff may have the right to
SHUFF &
MAS LAND request that the Court require the parties to participate in
26 W, lIiah Street
C.t1i.le,PA counseling. Having been so advised Plaintiff does not desire the
Court to order counseling.
7. The marriage is irretrievably broken.
WHEREFORE, plaintiff requests Your Honorable Court to enter
a decree in divorce.
Date: 3> - ( 10 - ".s.-
Respectfully submitted,
SAlOIS, GUIDO, SHUFF & MASLANO
By: ~(lj)7~...~c:
......-Scott O. M~te, Esquire
Supreme Ct. I.O. # 55694
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for plaintiff
SAlOIS, GUIDO,
SHUFF &
MASLAND
26 W. lUsh Stm:l
C411i.le. PA
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JOSEPH R. ROSS, III . IN THE COURT OF COMMON PLEAS OF
.
plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v. . No. 95-1384 CIVIL TERM
.
.
.
BARBARA D. ROSS, .
.
Defendant . IN DIVORCE
.
PBTITION FOR LBAVB TO FILB AN
AMBRDBD COMPLAIH'l' IN DIVORCB
AND NOW, comes Joseph R. Ross, III, by and through his
counsel of record, Bradley L. Griffie, Esquire, and petitions the
Court as follows:
1. Your petitioner is Joseph R. Ross, III, the above named
Plaintiff, and an adult individual currently residing at 431
Hillcrest Drive, carlisle, Cumberland County, Pennsylvania.
.\'. .
2. Respondent is Barbara D. Ross, and an adult individual
currently residing at P.O. Box 255, Ickesburg, Perry County,
Pennsylvania.
3. Your Petitioner filed a Complaint In Divorce under
Section 3301(c) of the Domestic Relations Code on March 16, 1995.
4. Petitioner filed the aforesaid Complaint. In Divorce, a
copy of which is attached hereto and incorporated herein by
reference as Exhibit "A", as a no-fault divorce based upon his
belief that the parties would be able to resolve their economic
issues' and that the divorce could be pursued by consent.
5.
Despite more than one year of negotiations,
the
Petitioner has been unable to gain the cooperation of the
Respondent, and therefore, wishes to pursue the additional
collateral issues that are available to him under the Domestic
Relations Code.
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- IJ;Y CIVIL TERM
JOSEPH R, ROSS, III
plaintiff
BARBARA D. ROSS,
Defendant
.
.
IN DIVORCE
COMPLAINT UNDER SECTION 3301Ccl
OF THE DIVORCE CODE
1. Plaintiff is Joseph R. Ross, III, who currently resides
at
431
Hillcrest
Drive,
Carlisle,
Cumberland
County,
Pennsylvania.
2. Defendant is Barbara D. Ross, who currently resides in
Blain, Perry County, Pennsylvania with a mailing address of P.O.
Box 255, Ickesburg, Perry County, Pennsylvania 17037.
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on September
29, 1986 in Newville, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The Plaintiff has been advised of the availability of
SAlDIS, GUIDO, marriage counseling and the Plaintiff may have the right to
SHUFF "
MASLAND request that the Court require the parties to participate in
26 w. HIpS-
Car\Ialo,PA counseling. Having been so advised Plaintiff does not desire the
Court to order counseling.
7. The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests Your Honorable Court to enter
a decree in divorce.
Date: 3>-IIo-'1,r-
Respectfully submitted,
SAIDIS, GUIDO, SHUFF & HASLAND
By: _'-/~j)2..'-f
'-sc~e, Esquire
Supreme Ct. I.D. t 55694
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
SAlDIS, GUIDO,
SHUFF A
MASLAND
26W. HlpS-
CuIlaIe. PA
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! SAlDIS, GUIDO,
! SHUFF '"
MASLAND
26 w, HIp S-
Car\Ialo, PA
AFFIDAVIT
I, Joseph R. Ross, III, being duly sworn according to law,
depose and say:
(1) I have been advised of the availability of marriage
counselling and understand that I may request that the court
require that my spouse and I participate in counselling.
(2) I understlSnd that the court maintains a list of
marriage counselors in the Prothonotary's Office, which list is
available to me upon request.
(3) Being so advised, I do not request that the court
require that my spouse and I participate in counselling prior to
a divorce decree being handed down by the court.
I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Dated:
.'lfA,..e.' /~ /9/~
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oseph R. oss, III, Plaintiff
4 .-_-__..____.. -"'-".
JOSEPH R. ROSS, III . IN THE COURT OF COMMON PLEAS OF
.
Plaintitf . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . CIVIL ACTION - LAW
.
. No. 95-1384 CIVIL TERM
.
BARBARA D. ROSS, .
.
Defendant . IN DIVORCE
.
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 will
proceed without you and a decree in divorce or annulment may 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,
CarliSle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED,
YOU HAY 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.
Court Administrator
Fourth Floor
CUmberland County Courthouse
CarliSle, Pennsylvania 17013
(717) 240-6200
...
EXHIBIT "B"
JOSEPH R. ROSS, III
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-1384 CIVIL TERM
BARBARA D. ROSS,
Defendant
IN DIVORCE
AMBRDBD COMPLAIH'l' IB DIVORCB
COUllT I
1. Paragraphs 1 throuqh 7 of Plaintiff's original Complaint
are incorporated herein by reference as if set forth in their
full text.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a decree in divorce pursuant to Section 3301(c) of the Domestic
Relations Code.
COUllT II
2. Plaintiff's averments set forth Paragraph 1 above are
incorporated herein by reference as if set forth in their full
text.
3. Defendant has committed such indignities upon the person
of the Plaintiff, the innocent injured spouse, as to make his
condition intolerable and life burdensome.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a decree in divorce pursuant to Section 3301(a) (6) of the
Domestic Relations Code.
COUllT III
4. Paraqraphs 1 throuqh 3 are incorporated herein by
reference as if set forth in their full text.
1
5. Defendant has committed adultery, having
relations with another individual, not her husband,
period of the parties' marriage and cohabitation.
WHEREFORE, plaintiff requests your Honorable Court to enter
a decree in divorce pursuant to section 3301(c)(2).
COUft IV
6. Paragraphs 1 through 5 are incorporated herein by
reference as if set forth in their full text.
7. The parties are joint owners of real estate located at
431 Hillcrest Drive, Carlisle, CUmberland County, Pennsylvania,
and otherwise have various marital assets, including retirement
benefits through Defendant's employer, which are subject to
equitable distribution.
WHEREFORE, Plaintiff requests your Honorable Court to enter
equitably divide their martial property and equitably apportion
their debts.
had sexual
during the
comrr V
8. Paragraphs 1 through 7 are incorporated herein by
reference as if set forth in their full text.
9. The Plaintiff who is primary custodian of the parties'
minor children and the Defendant are gainfully employed.
10. The plaintiff's income and earning capacity is limited
due to the expense of child rearing and maintaining all of the
marital expenses that were left when the Defendant vacated the
marital residence without cause.
2
11. Since the filing of the initial complaint in this case,
the Defendant has failed and refused to cooperate in negotiations
that could lead to an amicable settlement ot the instant divorce
action.
12. Plaintitt is unable to afford his attorney's fees
associated with these proceedings, and Defendant, who resides
with a paramour who is employed, is able to afford her attorney's
fee. as well a. the attorney'. te.. and costs ot the Plaintiff.
WHEREFORE, Plaintiff requests your Honorable Court to enter
an order requiring the Detendant to pay attorney's fees and costs
for Plaintiff.
Respectfully submitted,
.
GRIFFIE , ASSOCIATES
Attorneys for Plaintiff
~
Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
3
VBRIJ':rCA'l'ION
I verify that the statements made in the foregoing document
are true and correct. I understand that false statements herein
made are subject to the penalties of 18 PA.C.S. section 4904
relating to unsworn falsification to authorities.
DATE:
JOSEPH R. ROSS, III
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JOSEPH R. ROSS, III
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 95-1384 CIVIL TERM
v.
BARBARA D. ROSS,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend aqainst
the claims set forth in the following paqes, you must take prompt
action. You are warned that if you fail to do so, the case will
proceed without you and a decree in divorce or annulment may 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
indiqnities
or
irretrievable breakdown of the marriaqe, you may request marriage
counselinq.
A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Courthouse,
carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
JOSEPH R. ROSS, III
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-1384 CIVIL TERM
v.
BARBARA D. ROSS,
Defendant
IN DIVORCE
AMBRDIID COMPLAIH'l' :EN D:EVORCB
COUH'l' I
1. Paragraphs 1 through 7 of Plaintiff's original Complaint
are incorporated herein by reference as if set forth in their
full text.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a decree in divorce pursuant to Section 3301(C) of the Domestic
Relations Code.
COUH'l' II
2. plaintiff's averments set forth Paragraph 1 above are
incorporated herein by reference as if set forth in their full
text.
3. Defendant has committed such indignities upon the person
of the plaintiff, the innocent injured spouse, as to make his
condition intolerable and life burdensome.
WHEREFORE, plaintiff requests your Honorable Court to enter
a decree in divorce pursuant to Section 3301(a) (6) of the
Domestic Relations Code.
COUH'l' III
4. Paragraphs 1 through 3 are incorporated herein by
reference as if set forth in their full text.
1
5. Defendant has committed adultery, having
relations with another individual, not her husband,
period of the parties' marriage and cohabitation.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a decree in divorce pursuant to Section 3301(c)(2).
COUNT IV
6. Paragraphs 1 through 5 are incorporated herein by
reference as if set forth in their full text.
7. The parties are joint owners of real estate located at
431 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania,
and otherwise have various marital assets, including retirement
benefits through Defendant's employer, which are subject to
equitable distribution.
WHEREFORE, Plaintiff requests your Honorable Court to enter
e~itably divide their martial property and equitably apportion
their debts.
had sexual
during the
COUNT V
8. Paragraphs 1 through 7 are incorporated herein by
reference as if set forth in their full text.
9. The Plaintiff who is primary custodian of the parties'
minor children and the Defendant are gainfully employed.
10. The Plaintiff's income and earning capacity is limited
due to the expense of child rearing and maintaining all of the
marital expenses that were left when the Defendant vacated the
marital residence without cause.
2
11. Since the filing of the initial complaint in this case,
the Defendant has failed and refused to cooperate in negotiations
that could lead to an amicable settlement of the instant divorce
action.
12. plaintiff is unable to afford his attorney's fees
associated with these proceedings, and Defendant, who resides
with a paramour who is employed, is able to afford her attorney's
fees as well as the attorney's fees and costs of the plaintiff.
WHEREFORE, plaintiff requests your Honorable Court to enter
an order requiring the Defendant to pay attorney's fees and costs
for Plaintiff.
Respectfully submitted,
GRIFFIE & ASSOCIATES
Attorneys for Plaintiff
re
3
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-1384 CIVIL TERM
IN DIVORCE
JOSEPH R. ROSS, III,
plaintiff
BARBARA D. ROSS,
Defendant
AFFIDAVIT OP CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on March 26, 1996.
2. The marriage of plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing of the Complaint.
3. I consent to the entry of a final Decree of Divorce
after service of notice of intention to request entry of the
decrees.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: oc/ I
/996
~~~~
~OSEP R. ROSS, III
, Plaintiff
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JOSEPH R. ROSS, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1384 - CIVIL - 1995
.
.
.
,
v.
BARBARA D. ROSS,
Defendant
CIVIL ACTION - CUSTODY
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on March 16, 1995.
2. The marriage of plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of filing of the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unsworn falsification to authorities.
By: I d '/ilVIAIl ~/J_
~ra Ross ~
Date:
'l/z-+/tlv
I I
JOSEPH R. ROSS, III IN THE COURT OF COMMON PLEAS OF
Plaintitt CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. NO. 95-1384 CIVIL TERM
.
.
BARBARA D. ROSS, .
.
Defendant . IN DIVORCE
.
AFFIDAVIT OF CON8BIfT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was was tiled on March 16, 1995.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date ot the
filing of the Complaint.
3. I consent to the entry of a final Decree of Divorce.
4; I have been advised of the availability of marriage
counseling, that I may request that the Court require that my
,-v
''-'
spouse and.I participate in counseling, and that the Court
maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
Beinq so
advised, I decline to request that the Court require that my
spouse and I participate in counseling.
5. I understand that I may lose rights concerning alimony,
division of property, lawyers' fees or expenses if I do not claim
them before a divorce is granted.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
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BARBARA D. ROSS, .
Defendant
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JOSEPH R. ROSS III
____________.__________~_____L________._._____
Plaintiff
----------------------------------------------
[a !he Coun of COIJUIIIIft, Pless of
Cumbcrlaacl Couaty, Pmasyh'Ulia.
N".
95-1384
--------------------------
Civil.
i9._____
VI,
BARBARA D. ROSS,
----------------------------------------------
IN CUSTODY
---------------------.-.----------------------
Defendant
-------.-...---.- ..-.-...---------.-----------
----------------------------------------------
._____!'l-_~~_lt!J:M.~~~.~:i_!P.P.o/!E~!l:!_!.I!~=:~~_2!'._~..!_!_.?.r. -~~:-~!'?::.~-~~-!.~~~;~!!!-----.
Joseph R. Ross, III.
-.-.------------------------------------------
-------~~~---_._---_.------------
____.___________________________..___d
~~Ifiis~c[ti~~~-.-.-------------------.--.
-.-------------------------. ---------------------------------------------------------------------
-------------------------------------------------------------------..-....--------------------------
Please enter my appearance on behalf of the above named Plaintiff, Joseph R.
--------------------------------.----------------------------------------------------------------
Ross, III.
------------------------ -- ------------------------..---- -------. -----.-.---. -- ------..---------
To
Lawrence Welker
---.-------------------------------------
Prothonotary
,
Aucr=ey for Plaintiif.
May 3
---------------------------------------------
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JOSEPH R. ROSS, III,
plaintiff
:IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
: NO. 5040 S 1993
:
BARBARA D. ROSS,
Defendant
: CIVIL ACTION - LAW
: CUSTODY
9 t - II. PJ-I c'LJI'l '--Tf fUr\
PRAECIPE
TO THE PROTHONOTARY:
Please enter the appearance of Marianne E. Rudebusch, Esquire
for the Defendant in the above-captioned custody action.
Respectfully submit
BY~~ r. < 'J.4..~
Marianne E. Rudebusch, Esquire
845 Sir Thomas Ct., suite 11A
Harrisburg, PA 17109
(717) 657-0632
"
Attorney for Defendant
Please withdraw the appearance 0
for the Defendant in the above-capti
R
By:
paul Bradford rr, Esquire
78 West pomfret Street
Carlisle, PA 17013
(717) 258-8558
Attorney for Defendant
....--"-
JOSEPH R. ROSS, III,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-1384
CIVIL TERM
BARBARA D. ROSS,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby acknowledge that I have received a certified and
true copy of the Complaint in Divorce in the above-captioned case
on or about March 21, 1995, by first class mail, postage prepaid,
and verify that I am authorized to do so on behalf of my client,
DATE:
~ AU6- q(
qs%
Barbara D. Ross.
W
n.>
Paul B. Orr, Esq.
78 West Pomfret Street
Carlisle, PA 17013
Attorney for Defendant
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 1384
JOSEPH R. ROSS, III,
Plaintiff
BARBARA D. ROSS,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
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day of 0 C rc I?~,
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1996, the economic claims raised in the proceedings having been
resolved in accordance with a marriage settlement agreement
dated August 22, 1996, the appointment of the Master is vacated
and counsel can file a praecipe transmitting the record to the
Court requesting a final decree in divorce.
BY THE COURT,
{/ eel F
Harold E. Shee
co: Bradley L. Griffie
Attorney for plaintiff . 'J.
~~~ ?IU'~ ..J_
Marianne E. Rudebusch IO/9/f6 - .(tLu-
Attorney for Defendant
against the other, except any or all cause or causes of action for
divorce.
4. FULL DISCLOSURE
The provisions of this Agreement and their legal effect are
fully understood by each party to this Agreement, and each party
acknowledges that the Agreement is fair and equitable, that. it is
being entered into voluntarily, and that it is not the result of
any duress or undue influence. Husband and Wife each represent and
warrant to the other that he or she has made a full and complete
disclosure to the other of all assets of any nature whatsoever in
which such party has an interest, of the sources and amount of the
income of such party of every type whatsoever, and of all other
facts relating to the subject matter of this agreement.
Wife
represents that she was represented by Marianne E. Rudebusch, Esq,
in reaching this Agreement, and Husband represents that he was
represented by Bradley L. Griffie, Esq. in reaching this Agreement.
.
,
.,
Both parties represent that the terms of this Agreement have been
fully explained to them by their respective counsel.
s. EOUITABLE DIVISION
By this Agreement, the parties have intended to effect an
equitable division of their marital property, This division is not
intended by the parties to constitute in any way a sale or exchange
of assets.
6. SUBSEOUENT DIVORCE
A, AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically
understood and agreed by and between the parties hereto and each of
the said parties does hereby warrant and represent to the other
that the execution and delivery of this Agreement is not predicated
upon nor made subject to any agreement for institution,
prosecution, defense, or for the non-prosecution or non-defense of
any action for divorce; provided, however, that nothing contained
in this Agreement shall prevent or preclude either of the parties
action shall execute any waivers of notice or other waivers
necessary to expedite such divorce,
7, DIVISION OF PERSONAL PROPERTY
The parties agree that all of the property in the possession
of Husband shall be the sole and separate property of Husband, with
the exception of blankets, stair stepper, Kitchen Aid mixer and 19"
Magnavox television; items must be in proper working condition when
transferred to wife or Husband shall replace or repair these items
within two weeks of the date of the execution of this MSA at his
cost or pay to Wife the monetary equivalent in a lump sum payment
and in a timely fashion; and the parties agree that all of the
property in the possession of Wife shall be the sole and separate
property of Wife.
The parties do hereby specifically waive,
release, renounce and forever abandon whatever claims, if any, he
or she may have with respect to the above items which shall become
the sole and separate property of the other.
13, ~LIMONY
Both parties acknowledge and agree that the provisions of this
Agreement providing for equitable distribution of marital property
are fair, adequate and satisfactory to them and are accepted by
them in lieu of and in full and final settlement and satisfaction
of any claims or demands that either may now or hereafter have
against the other for support, maintenance, alimony pendente lite
or alimony.
Husband and Wife further,
voluntarily and
intelligently, waive and relinquish any right to seek from the
other any payment for support, maintenance, alimony pendente lite
or alimony.
14. PENSION PROGRAM
Each party hereto shall maintain sole ownership over his or
her individual pension plan, profit sharing or similar retirement
plan acquired individually or as the result of contributions by his
or her employer. wife hereby releases any interest that she has in
the retirement benefits of Husband accumulated as the result of his
employment by West Shore Printing and any other additional benefits
he may have accrued. Husband hereby releases any interest that he
has in the retirement benefits of wife accumulated as the result of
her employment by Fry Communication, Inc, and any other additional
benefits she may have accrued. This waiver is a full and complete
discharge of each parties' marital claim.
15, MISCELLANEOUS
All assets including, but not limited to, savings accounts,
checking accounts, certificates of deposit and life insurance
policies shall be the sole and separate property of the title
holder of said asset.
The parties believe and agree, and have been so advised by
their respective attorneys, that the division of property
heretofore made by this Agreement is a non-taxable division of
property between co-owners rather than a taxable sale or exchange
of such property, Each party promises not to take any position
with respect to the adjusted basis of the property assigned to him
or her or with respect to any other issue which is inconsistent
K. NO WAIVER OF DEFAULT - This Agreement shall remain in
full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either
party to insist upon strict performance of any of the provisions of
this Agreement shall in no way affect the right of such party
hereafter to enforce the same, nor shall the waiver of any breach
of any provision hereof be construed as a waiver of any subsequent
default of the same or similar nature, nor shall it be construed as
a waiver of strict performance of any other obligations herein.
K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding
the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience or reference and shall not
constitute a part of this Agreement nor shall they affect its
meaning, construction, or effect.
L, ADDRESS OF PARTIES - Each party shall at all times keep
the other informed of his or her place of residence, and shall
promptly notify the other of any change, giving the address of the
new place of residence.
. '
" '
. .
I
I
all reasonable attorneys' fees, court costs, and expenses incurred
by the other party in enforcing the Agreement.
IN WITNESS WHEREOF, and intending to be bound hereby, the
,.,tI
parties have signed and sealed this Agreement on the ~ day of
AO""'"t
, 1996, at Harrisburg, Pennsylvania.
In the presence of:
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2,,"k.~ &1M1/J tiJ i;lJfL
arbara D. Ross
(SEAL)
I
(SEAL)
~r~~
YJoseph -R, Ross, f"f
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IN THE COURT OF COMMON PLEAS OF
CUMBERlAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1384 CIVIL TERM
IN CUSTODY
JOSEPH R. ROSS, III,
plaintiff
BARBARA D. ROSS,
Defendant
ORDER OF COURT
AND NOW, Mt....-,{ "-, \CtC1 f-
, upon consideration of the
attached complaint, it is hereby directed that the parties and
their respective counsel appear beforeH.......Lc-,'f f. r;~-t'Jrcy r;:". '
the conciliator, at y tie\" IW" C,^M 6. (u. Co.... //7.., ,...t,.. ' on
the d l- -n... day of
{ll)e, 'f
1995 at
I 0 :~fI /J .m.,
for a Pre-Hearing CUstody Conference.
At such conference, an
effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be
heard by the court, and to enter into a temporary order. All
children age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry
of a temporary or permanent order.
FOR THE COURT,
By:
Custody Conc
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.
OFFICE OF THE COURT ADMINISTRATOR
Cumberland County Courthouse
Fourth Floor
Carlisle, PA 17013
(717) 240-6200
HAY 0 3 06, [II I.SS;
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...
JOSEPH R. ROSS, III, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . CIVIL ACTION - LAW
.
.
.
BARBARA D. ROSS, : NO. CIVIL TERM
Defendant . IN CUSTODY
.
COMPLAINT FOR CUSTODY
1. Plaintiff is Joseph R. Ross, III, an adult individual
currently residing at 431 Hillcrest Drive, Carlisle, cumberland
County, Pennsylvania.
2. Defendant is Barbara D. Ross, an adult individual
currently residing in Ickesburg with a mailing address of P.O.
Box 255, Ickesburg, Perry County, Pennsylvania.
3. The Plaintiff is the natural father of the children,
Kyle E. Ross, born August 18, 1990, and Brandy M. Ross, born
November 28, 1992;
The children were not born out of wedlock.
Since the children's birth, the children have resided with
the following persons at the following addreElses for the
following periods of time.
lWm ADDRESS I2M1:
Joseph R. Ross, III 431 Hillcrest Drive Mar. 12, 1995
Carlisle, PA To present
Joseph R. Ross, III 431 Hillcrest Drive Mar. 12, 1995
Barbara D. Ross Carlisle, PA to Oct. 1994
Joseph R. Ross, III Conodoquinet Aug. 1990 -
Barbara D. Ross Mobile Estates Oct. 1994
Lot 132
Newville, PA
...
The natural mother of the children is Barbara D. Ross, who
resides as aforesaid. She is married.
The natural father of the children is Joseph R. Ross, III,
who resides as aforesaid. He is married.
4. The relationship of the plaintiff to the children is
that of natural father. The Plaintiff currently resides alone
with the children.
5. The relationship of the Defendant to the children is
that of natural mother. The Defendant currently resides with
her boy-friend, Hike Downing.
6. Plaintiff has not participated as a party or witness,
or in any other capacity in other litigation, concerning custody
of the children.
7. Plaintiff has no information of a custody proceeding
concerning the children pending in any Court of this
Commonwealth.
8. The best interest and permanent welfare of the children
will be served by granting the relief requested because:
(a) Plaintiff has been at least a shared custodian of
the children since their births1
(b) Since Defendant vacated the marital residence, he
has been the sole caretaker of the children1
(c) Defendant has a drug and alcohol abuse problem
that she has refused to address1 and
(d) Defendant has showed limited interest in having
contact with the children since the parties' separation more than
six weeks ago.
-
.
9. Plaintiff does not know of any person not a party to the
proceedings who claims to have custody or visitation rights with
respect to the children.
WHEREFORE, Plaintiff requests your Honorable Court to set a
time and place for a hearing at which Plaintiff requests the
Court to grant him primary physical custody of the children.
Respectfully SUbmitted,
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING COMPLAINT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904
RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
,) /? 19,"r
~,"J
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ROSS, III
~~.
..,?16SEP R.
JOSEPH R. ROSS, III,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
BARBARA D. ROSS,
Defendant
NO. 95-1384 CIVIL TERM
IN CUSTODY
CBRTIFICATB OF SBRVICB
I, Bradley L. Griffie, Esquire, hereby certify that I did,
the 15th day of May, 1995, cause a true and correct copy of a
Complaint for custody and reSUlting Order of court, to be served
upon the Defendant by serving her attorney of record by first
class mail, postage prepaid, to the following address:
Paul B. orr, Esquire
78 West Pomfret Street
carliSle, Pennsylvania 17013
DATE:
5'/1 Y J9)
. Gr ff re
& ASSOCI1>I
00 North Hanover street
Carlisle, PA 17013
"
AUG 18 /995
.J.:r>'""
JOSEPH R. ROSS, III,
plainti:ff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
. '
.
.
:NO. 1384 - CIVIL - 1995
v
.
.
BARBARA D. ROSS,
Defendant
.
.
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this ~day of j~lu~t , 1995, upon consideration
of the attached custody C~Report, it is ordered and
directed as follows:
1. The Father, Joseph R. Ross, III, and the Mother, Barbara D.
Ross, shall enjoy shared legal custody of the minor children,
Kyle E. Ross, born August 18, 1990, and Brandy M. Ross, born
November 28, 1992.
2. The Father shall enjoy primary physical custody of the minor
children.
3. The Mother shall have temporary or partial custody of the
minor children as follows:
A. For the period from 2 P.M. on Sunday, August 6, 1995,
to 8 P.M. on August 7, 1995.
B. For the period of Sunday, August 20, 1995, at 2 P.M.
until Tuesday, August 22, 1995, at 8 P.M.
C. At such other times as agreed upon by the parties.
4. The parties will meet with the Custody Conciliator at a
Conference on the 28th day of September, 1995, at 9:30 A.M.
BY THE COURT,
cc:
Bradley L. Griffie, Esquire - PL~u-,-.
Paul B. Orr I Esquire- /1V-.J\ l t , c
.UU/-t.-t.-L .f S-If'-'fl-
,
OCT 25 1995 bf-
JOSEPH R. ROSS, III,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v
:NO. l384 - CIVIL - 1995
.
.
BARBARA D. ROSS,
Defendant
:
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this 2,Stt,day of O~.\"l'r , 1995, upon consideration of
the attached Custody Concil ation Report, it is ordered and
directed as follows:
l. The Father, Joseph R. Ross, III, and the Mother, Barbara D.
Ross, shall enjoy shared legal custody of the minor children,
Kyle E. Ross, born August 18, 1990, and Brandy M. Ross, born
Nov~mber 28, 1992.
2. On a temporary basis, physical custody shall be handled as
follows:
A. On an alternating week schedule when the Mother has her
long four day period of no work, Mother shall have
physical custody from the afternoon on the day she gets
off work until she returns the children to the Father or
to the daycare the day that she returns back to work.
Father shall deliver children to Mother at the beginning
of the exchange of custody, and Mother shall deliver the
children back to Father or daycare at the end of this
custody period.
B. On those other two weeks when the Mother is off work and
available to take care of the children during the day,
Mother shall have the opportunity of providing care for
the children during the day and may have physical custody
of the children until Father returns from work. Mother
shall advise Father at least three days in advance of any
days that she intends to take care of the children during
the day. Mother shall handle transportation for exchange
,of custody of the children on those dates.
C. ' 'Except for as stated above when Mother has physical
custody, Father shall enjoy physical custody.
S~, "'11" e,,' .., '^(
:1 :. .1,..:1
JOSEPH R. ROSS, III,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
.
.
:NO. l384 - CIVIL - 1995
BARBARA O. ROSS,
Defendant
.
.
.
.
:CIVIL ACTION - CUSTODY
PRIOR JUDGE: JUDGE J. WESLEY OLER, JR.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
l. The information pertaining to the children who are the
subject of this litigation is as follows:
Kyle E. Ross, born August 18, 1990, and Brandy M. Ross,
born November 20, 1992.
2. A Conciliation Conference was held on October 13, 1995,
with the following individuals in attendance:
The Father, Joseph R. Ross, III, with his counsel, Bradley
L. Griffie, Esquire, and the Mother, Barbara D. Ross, with
her counsel, Marianne E. Rudebusch, Esquire.
3. The parties entered into an agreement in accordance with
the proposed Order which is attached.
IO~f11 q~
DATE
~
Hubert X. G4lroy,
Custody Conciliat
JOSEPH R. ROSS, III,
Plain tiff IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
CIVIL ACTION - LAW
.
.
VS. . NO. 1384 CIVIL 19 95
BA RBA RA .
D. ROSS,
Defendant IN DIVORCE
STATUS SHEET
DATE:
4/24/96
r-
.,.-v<~
J.
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreet
Carlisle. PA 17013
(717) 240.6535
E. Robert Elicker, II
Divorce Masler
Trecl .10 Colyer
Office Manager/Reporter
West Shore
697-0371 Ext, 6535
April 24, 1996
Bradley L. Griffie, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
carlisle, PA 17013
Marianne E. Rudebusch
Attorney at Law
845 Sir Thomas Court
suite l1A
Harrisburg, PA 17109
RE: Joseph R. Ross, III vs. Barbara D. Ross
No. 95 - 1384
In Divorce
Dear Mr. Griffie and Ms. Rudebusch:
By order of Court of president Judge Harold E. Sheely
dated April 1B, 1996, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on March 16, 1995, raising
grounds for divorce of irretrievable breakdown of the marriage.
On March 26, 1996, an amended complaint in divorce was filed
raising additional grounds for divorce of indignities to the
person, and adultery. The amended complaint also raised the
economic issues of equitable distribution and counsel fees and
costs.
Before issuing a directive to file pre-trial statements I
ask counsel to advise as to the status of the grounds for
divorce. If the parties are not willing to sign and file
affidavits of consent under section 3301(c) of the Domestic
Relations code, please advise immediately so I can schedule a
hearing on the alternative grounds of indignities and adultery.
IIAAD<n L. a.w..
Moocw R c.....'"
"-< M. $e....
GRIFFIE & ASSOCIATES
ATTORNEYS AND COUNSELORS AT LAW
200 NOlI'" 1Wo... S.......
e_u. PA 17013
(717) 20,5551
I (100) 30&7.5552
FAX 717,2.3-5063
Roo.oo J, ac......
o..lCI ~.
April 26, 1996
e.-__ TIlUIT a..u....
s...n 550. I. NOIITl< MA.. S......
e........uoo.PA17201
(717) 267,1350
RI.... TO; c..~1U!
E. Robert Elicker, II
Divorce Master
9 North Hanover street
Carlisle, PA 17013
RE: Ross vs. Ross
No. 95-1384
Dear Bob:
I can advise you that my client, Joseph R. Ross, III, is
agreeable to finalizing the divorce pursuant to Section 330l(c).
In the event that we are required to proceed with a divorce
hearing, then we ask that you schedule this as promptly as
possible.
At the same time, however, I believe it is appropriate for
you to be aware that there is a settlement offer on the table
that appears to have been agreed upon. We are extremely hopeful
that the next response from the Defendant and opposing counsel
will confirm our agreement, and we can then prepare a Petition to
Vacate your Appointment.
Your attention and cooperation is appreciated.
Very truly yours,
BLG/lam
L. Griffie
cc: Marianne E. Rudebusch, Esq.
Joseph R. Ross, III
GRIFFIE & ASSOCIATES
ATTORNEYS AND COUNSELORS AT LAW
200 NCAtt< IWclVl" S"'..,
C....IU!. PA 17013
(717\243,5551
. 1 (800) 347,55$2
FAX 717.243-5063
s...o.zv L. Cllw..
Mocto.u.I R. CALVI"'
"""" M. Sttu_
Roo.. J. Goo""",,
0.."'1 MA....,."
C__UAO TIIUIT IluJLDiIG
Sun 5SO. 14 NoArH "..". S"'....
C................. PA 17201
(717) 267.1350
October 4, 1996
R1P1.v 10: C....IU!
E. Robert Elicker, Divorce Master
9 North Hanover street
Carlisle, PA 17013
RE: Ross v. Ross
95-1384
Dear Mr. Elicker:
A review of my records indicates that you may still have
this file in your office. This is a case where we petitioned for
the appointment of a master. However, we indicated to you that
we were able to resolve the matter.
I am happy to report that we have finally secured not only a
signed agreement resolving all matters associated with the issues
before the master but also have secured appropriate consents and
waivers that will allow us to conclude this divorce as a 3301(c)
divorce.
I would
prothonotary's
appointment so
appreciate if you could return the file to the
office and request the court to vacate your
that I can move forward to finalize the divorce.
Your attention is appreciated.
Very truly yours,
BLG/lam
cc: Joseph R. RoSS, III
Marianne Rudebusch, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
~()C;C: ~ '\\. R ,l<. Cf')c:.JJl
Plaintiff
.
.
.
.
:
gc..,. I ~8d
.
.
File No.
.
.
vs.
IN DIVORCE
.
.
.
.
~~ "KO(\ ~i~ ':D B CcoJ=,
Defendant
.
.
.
.
.
.
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the
'above matter. having been granted a Final Decree in Divorce on the
,2., 3. _ day of Oc \:O'c-r:: c- . 19 C) v . hereby elects to resume the
prior' surname of '6 f\ p..b f'> P- A \::) O'\c,-I=l..'h n . and gives
this written notice pursuant to the provisions of 54 P.S. S 704.
DATE:
Ih/CJ,
I I
_42)(.:v\..bcvu~ p ~~/
Signature '
In.LhCL-u..... p ~n}.,Tl,~,
Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA:
: SSe
COUNTY OF CUMBERLAND
:
On the 1tA day of (1.,-w. , 1997. before me, a
Notary Public. personally appeared?the above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
In Witness Whereof. I have hereunto set my hand and official
seal.
.',
l)tV...k~
Notarlal Seal
Betta J. Martln. Notary PublIC
Mlddlasa, Twp.. Cumberfand COUnty
My Commission E'plres July 31. 2000
MemMr D~nf\~'/III:u'i1 Al)'locialiQ(\ nf Nnt;ujr.~
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* T, ~tr~ R.. ~OI~/m.. :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V :CIVIL ACTION - LAW
.
.
* 6", ba.r' o. ~ oS ~ :NO. '~'iJ, CIVIL 199r
Defendant :CUSTODY VISI-TATION
'.
ORDER OF COURT
AND NOW, this (date)'lhlq7 , upon consideration of the
attached complaint, it is hereby directed that the parties and
their respective counsel appear before J1,,~~,~ X. fi r~y. e.~ g . ,
the conciliator, at H. (...1.,,101) (.."~'t {.'i.~.";l' , 'I' 1=/.., (4hf.~/f"a
on the l,(~ day of p. "r~1 , 19 ~ 1 , at IIlI" 0
Ii. M., for a Prehearing 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 temporazy order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatozy. Failure to appear at the conference . may provide
grounds for entry of a temp~razy or peDllanent order.
FOR THE COURT:
By:
C
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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
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JOSEPH R. ROSS, III,
Plaintiff
IN THE COURT Of COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
BARBARA D. ROSS,
Defendant
: NO, 1384 CIVIL 1995
: IN CUSTODY
ORDER OF COURT
AND NOW, this ~d day of F~L,"~,y
, 1997, upon consideration of the
attached Complaint, it is hereby directed that the parties and their respective counsel
appear before H.~tll X. &:t{D~ I t~,. ,the conciliator, at
o'clock, .m,. on
the
day of
, 1997, for a pre-hearing custody conference, At such
conference, an effort will be made to resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the Court, and to enter into a
temporary order, All children age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry of a temporary or
permanent order.
FOR THE COURT,
By:
Custody Conciliator
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.
OFFICE OF THE COURT ADMINISTRATOR
Cumberland County Courthouse
Fourth Floor
Carlisle, P A 17013
(717) 240-6200
JOSEPH R, ROSS, III,
PlaintitT
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 1384 - Civil- 1995
BARBARA D. ROSS.
Defendant
IN CUSTODY
PETIT/ON FOR CONC/L/A T/ON CONFERENCE
AND NOW comes Petitioner, Bradley L. Griffie, Esquire, attorney of record for
the above-named Plaintiff, Joseph R. Ross, lII, and petitions the Court as follows:
I. Your Petitioner is attorney of record for the above-named PlaintitT, Joseph R.
Ross, III.
2. Defendant, Barbara D. Ross is represented by counsel of record. Marianne E,
Rudebusch, Esquire of845 Sir Thomas Court, Harrisburg, P A 17109.
3. The parties are subject to an Order of Court dated October 25, 1995 which is
attached hereto and incorporated herein by reference as Exhibit" A" .
4. The within referenced Order was entered as a result of a custody conciliation
conference previously held in this matter.
5, Paragraph 2(E) of the aforesaid Order provided for the parties to have a
custody evaluation performed by a professional of the parties joint choosing.
6. The custody evaluatkn has in fact been concluded by Riegler. Shienvold &
Associates.
7. Paragraph 2(E) of the aforesaid Order provides that "upon conclusion of this
evaluation and in the event that the parties at the time are unable to reach an agreement on
custody, counsel for either party may contact the custody conciliator to have a telephone
conference after which the case can be scheduled for a hearing with the court. "
8. The parties have been unable to resolve this case by agreement.
9. Plaintiff and Plaintifl's counsel believe that this matter may be able to be
resolved through the conducting of an additional custody conciliation conference and may
thereby avoid the need for a hearing in this matter.
WHEREFORE, Petitioner requests your Honorable Court to schedule this matter
for a custody conciliation conference.
Respectfully submitted,
GRIFFIE & ASSOCIATES
. r' Ie, Esquire
anover Street
arlisle, PA 17013
(7 I 7) 243-5551
VERIFICA TION
I verify that I have personal knowledge of any facts not of record set forth in the
foregoing Petition, and that such facts are true and correct to the best of my knowledge.
infonnaltion, and belief. I acknowledge that any false statements herein are made subject
to the penalties of 18 Pa.C,S. Section 4904 relating to unsworn falsification to authorities,
DATE:~
DATE:~
ffie, Esquire
F & ASSOCIATES
00 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
JOSEPH R. ROSS, III, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
VB,
: NO. 1384 CIVIL TERM 1995
BARBARAD. ROSS, : CIVIL ACTION . LAW
Defendant: IN CUSTODY
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certifY that I did, the 7th day of February,
1997, cause a certified copy of an ORDER OF COURT and PETITION FOR
CONCILIATION CONFERENCE to be served upon the Defendant, Barbara D, Ross, by
serving her counsel of record, Marianne E, Rudebusch, Esquire, at the following address
by first class mail:
Marianne E. Rudebusch, Esquire
845 Sir Thomas Court
Harrisburg, PA 17109
.
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JOSEPH R. ROSS, III,
Plaintiff
V
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:CIVIL ACTION - LAW
BARBARA D. ROSS,
Defendant
.
.
:NO: 1384 CIVIL 1995
: IN CUSTODY
Prior Judge: J. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information pertaining to the children who are
the subject of this litigation is as follows:
Kyle E. Ross, born August 18, 1990 and Brandi M. Ross, born
November 28, 1992.
2. A Conciliation Conference was held on April 3, 1997, with the
following individuals in attendance:
The Father, Joseph R. Ross, III, with his counsel Br~dley L.
Griffie, Esquire and the Mother, Barbara D. Martin, who did
not appear with counsel. Mrs. Martin related to the
Conciliator that she still has legal counsel in the nature of
Marianne E. Rudebusch, Esquire, but that Attorney Rudebusch
would not be appearing at the Conciliation Conference but
would represent her at a hearing in this matter.J
3. The parties appeared before the undersigned Conciliator in
October of 1995 at which time a temporary Order was agreed to
and the parties also agreed to submit themselves to a custody
evaluation. The temporary Order provided that Father have
primary custody with the Mother having periods of temporary
custody for the two children.
4. A custody evaluation was performed by Dr. Arnold '1'. Shienvold.
Upon conclusion of that evaluation, the parties were still not
able to reach an agreement. The Mother now suggests that she
wants to have primary physical custody of the minor children
J The Conciliator expressed concern at the Conference on the
attitude of parties and their attorneys to basically disregard the
purpose of conciliation and disregard an attempt by the Court to
resolve these matter in advance of the hearing. Attorneys advising
their clients to attend conciliations without them and merely
requesting that the case be scheduled for a hearing certainly
ignores the stated intentions of the conciliation process.
with the Father enjoying periods of temporary custody. The
Father is, naturally, unwilling to agree to that change in the
custody arrangement.1
5. The parties were unable to reach an agreement. A hearing is
required in this case. A hearing should take no more than one
day.
re
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2The evaluation furnished by Dr. Shienvold resulted in a
recommendation that the father continue to maintain primary
physical custody of the children.
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MARIANNE E. RUDEBUSCH, ES'Juire (;I
845 Sir Thomas Court. Harrisburg, PA 17109
(717) 657.0632
. .
JOSEPH R. ROSS,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
.
.
BARBARA D. ROSS MARTIN,
Defendant/Petitioner
No. 1384 1995
: CIVIL ACTION - CUSTODY
ORDER
AND NOW, this 2.~r~ay of ~ f; l
of the foregoing Petition for Contempt, A
ordered for the ~nPday of Q~~_
",- (/~
# c~ , Cumberland County Cou~thouse, Carlisle, Pennsylvania.
, 1997, upon review
Hearing is hereby
4:t "l:OtP4./n,)
, 1997 in Courtroom
BY THE COURT:
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JOSEPH R. ROSS,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
.
.
BARBARA D. ROSS MARTIN,
Defendant/Petitioner
: No. 1384 1995
: CIVIL ACTION - CUSTODY
PETITION FOR CONTEMPT
NOW COMES, Barbara R. Martin, by her attorney, Marianne E.
RUdebusch, Esquire, and Petitions to hold Respondent, Joseph
Ross, in Contempt of Court on the following basis:
1. Under the terms of an existing Order issued by this
Honorable Court on October 25, 1995 and attached as Exhibit "A",
the parties share physical custody of their children Kyle, DOB
8/18/90 and Brandi, DOB 11/24/92.
2. The Defendant/Petitioner was to have the children from
April 14, 1997 to April 15, 1997.
3. The Plaintiff/Respondent refused to turn over the
children to the Defendant/Petitioner on those dates alleging that
she would "brainwash" their daughter Brandi.
He also refused to
disclose the whereabouts of the children to the
Defendant/Petitioner and Children and Youth.
4. While in the custody of her mother during the last
period of visitation the child complained to her mother that she
was hurting in her genital area and upon questioning by the
mother stated that her father had inserted his finger into her
genitals.
5. Mother reported these statements to Children and Youth
and an investigation is being conducted by Children and Youth.
WHEREAS, Petitioner requests this Honorable Court enter an
Order providing the following relief:
a) Provide Petitioner with make-up time with Kyle and Brandi
for all time lost, such time to be determined at the discretion
and convenience of mother.
b) Order Father to release the children for the visitation
scheduled for Iu.Vd{~ ~\,,'\ 10r I'lCl1,
c) Find the Resp~ndent to be in Contempt
of its Court Order
and instructions, compelling Respondent to:
i) Disclose the whereabouts of the children to their
mother.
ii) Pay petitioner's counsel fees in the amount of
$500.00; and,
iii) Fine the Respondent for his contempt.
d) Any other and further relief this Court deems
appropriate.
Respectfully submitted,
DATED: !f{I,"/<1'1
By /~Yt~ c;- ,2ouG.b... eL,
Marianne E. Rudebusch, Esquire
Attorney No. 63522
845 Sir Thomas court
Harrisburg, PA 17109
(717) 657-0632
\,~~ \t/.
"
.0 CT 2, 5 1991} tJ-
v
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 1384 - CIVIL - 1995
JOSEPH R. ROSS, III,
Plaintiff
.
.
BARBARA D. ROSS,
Defendant
.
.
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this .o2S..tA..day of ~A...-' ,1995, upon consideration of
the attached Custody Conciliation Report, it is ordered and
directed as follows:
,/
1. The Father, Joseph R. Ross, III, and the Mother, Barbara D.
Ross, shall enjoy shared legal custody of the minor children,
Kyle E. Ross, born August 18, 1990, and Brandy M. Ross, born
November 28, 1992.
2. On a temporary basis, physical custody shall be handled as
follows:
A. On an alternating week schedule when the Mother has her
long four day period of no work, Mother shall have
physical custody from the afternoon on the day she gets
off work until she returns the children to the Father or
to the daycare the day that she returns back to work.
Father shall deliver children to Mother at the beginning
of the exchange of custody, and Mother shall deliver the
children back to Father or daycare at the end of this
custody period.
B. On those other two weeks when the Mother is off work and
available to take care of the children during the day,
Mother shall have the opportunity of providing care for
the children during the day and may have physical custody
of the children until Father returns from work. Mother
shall advise Father at least three days in advance of any
days that she intends to take care of the children during
the day. Mother shall handle transportation for exchange
of custody of the children on those dates.
C. Except for as stated above when Mother has physical
custody, Father shall enjoy physical custody.
EXHIBIT "A"
D. The parties may alternate this schedule as they may
agree between themselves. Absent an agreement, this
schedule shall control until further Order of this
Court.
E. The parties shall submit themselves and the minor
children to a custody evaluation performed by a
professional as agreed upon by legal counsel for the
parties. Costs of this evaluation shall be shared
equally between the parties. Upon conclusion of this
evaluation and in the event that the parties at that
time are unable to reach an agreement on custody,
counsel for either party may contact the Custody
Conciliator to have a telephone conference after which
the case can be scheduled for a Hearing with the Court.
3. The above custody schedule is entered as an Order pursuant to
an agreement of the parties reached at a Custody Conciliation
Conference. Either party reserves the right to advance a
contrary custody arrangement in the event the case comes
before the Court for a Hearing.
BY THE COURT,
J~J~Jj-.~~~~'; l:;r:
cc: Bradley L. Griffie, Esquire
Marianne E. Rudebusch, Esquire
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.2:fJfii' Prolhonolary
VERIFICATION
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upon my personal knowledge, information, and belief, I,
Barbara Ross Martin, hereby verify that the facts averred and
statements made in the foregoing are true and correct.
I understand that false statements or averments therein made
will subject me to the criminal penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Date:--.A! /f:;-j Q1
I
By:
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JOSEPH R. ROSS, III, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V. I CIVIL ACTION - LAW
I
BARBARA D. ROSS MARTIN, I
Defendant I NO. 95-1384 CIVIL TERM
tt. ORDER OF COURT
AND NOW, this ~ day of June, 1997, upon consideration of in
Plaintiff's Petition for Contempt, a hearing is SCHEDULED for
Wednesday, July 2, 1997, at 9:00 a.m., in Courtroom No.5,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
J
Bradley L. Griffie, Esq.
200 North Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Marianne E. Rudebusch, Esq.
Suite 11A, 845 Sir Thomas Court
Harrisburg, PA 17109
Attorney for Defendant
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JOSEPH R. ROSS, 111,
Plaintiff
JUN 0 3 1997
/I(
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No, 1384 - CIVIL. 1995
BARBARA D. ROSS MARTIN,
Defendant
IN CUSTODY
NOTICE AND ORDER TO APPEAR
Legal proceedings have been brought against you alleging you have willfully
disobeyed an order of court for custody,
If you wish to defend against the claim set forth in the following pages, you may
but are not required to file in writing with the court your defenses or objections,
Whether or not you file in writing with the court your defenses or objections, you
must appear in person in court on 'J~""1 the c1rd- day of ~ ,1997,
at 9 '.0 () o'clock, 4.. .m. in Courtroom Number 5 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A
WARRANT FOR YOUR ARREST,
If the court finds that you have willfully failed to comply with its order for custody,
you may be found to be in contempt of court and committed to jail. fined or both.
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,
#
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
BY THE COURT,
,/ tUt/J ~
/1'1. Wesley Oler, J
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DATE: J'" ~ c. '1 I 't Q)
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JOSEPH R. ROSS, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
No, 1384. CIVIL - 1995
BARBARA D, ROSS MARTIN,
Defendant
IN CUSTODY
PETITION FOR CONTEMPT
AND NOW comes Petitioner, JOSEPH R. ROSS, Ill, by and through his counsel
of record, Bradley L, Griffie, Esquire, and petitions the Court as follows:
I. Your Petitioner is the above-named Plaintiff, JOSEPH R, ROSS, Ill, an adult
individual currently residing at 431 Hillcrest Drive, Carlisle, Cumberland County,
Pennsylvania.
2, Your Respondent is the above-named Defendant, BARBARA D. ROSS
MARTIN, an adult individual currently residing at P.O. Box 255, Ickesburg, Perry
County, Pennsylvania,
3. The parties are subject to an Order of Court dated October 25, 1995 which is
attached hereto and incorporated herein by reference as Exhibit" A".
4, Since the entry of the Order, Respondent has failed and refused to comply with
the tenns of the Order, and willfully and maliciously ignored the terms of the Order in the
following manner:
a) On multiple occasions Respondent has failed and refused to return the
children to Petitioner pursuant to the tenns of Paragraph 2A and 2B of the
aforementioned order, returning the children early at times and returning the children late
at times, without prior notice;
b) On multiple occasions Respondent has failed and refused to return the
children to the child care provider at lhe end of her period of temporary physical cuslody
as provided in Paragraph 2A and 28, at times retuming the children to the day care
provider uneKpectedly and at times delivering the children to Petitioner's place of
employment, where he is unable to appropriately care for the children, causing him to
uneKpectedly lose time from his employment.
c) On multiple occasions Respondent has failed and refused to comply
with the terms of the aforementioned Coun Order by failing and refusing to secure
physical custody of the children at the times designated in Paragraph 2A and 28,
5, On multiple occasions Respondent has made clear to Petitioner, through her
actions and comments, that she will secure and retain physical custody of the children on
the schedule that she deems appropriate without following the Coun Order of October 25,
1995 and, funher, without consideration for appropriate notice to Petitioner,
6, For the above reasons, Petitioner believes and, therefore, avers that the
Respondent is in contempt of the Coun's Order of October 25, 1995.
7, A custody hearing is scheduled in the above-captioned matter for July 2, 1997
at 9:00 a,m, before the Honorable J, Wesley Oler, Jr. in Counroom Numher 5 of the
Cumberland County Counhouse.
8. A Petition For Contempt filed by the Respondent herein has likewise been
scheduled to be heard at 9:00 a.m. on July 2, 1997 before the Honorable J. Wesley Oler,
Jr. in Counroom Number 5 of the Cumberland County Counhouse,
9. It is appropriate to have the within Petition For Contempt heard
contemporaneously with the custody hearing and the Respondent's Petition For Contempt,
DATE: S:-rlf' 97
'~~
(~--:/Z "'1/,
,:JQSEPH R. oss, '
VERIFICATION
I verifY that the statements made in the foregoing Petition For Contempt are true
and correct. I understand that false statements herein are made subject to the penalties of
18 Pa,C,S, Section 4904, relating to unsworn falsifications to authorities,
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JOSBPH R. ROSS, III,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBBRLAND COUNTY, PENNSYLVANIA
.
.
v
:NO. 1384 - CrvIL - 1995
.
.
BARBARA D. ROSS,
Defendant
.
.
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this ~.:tlaay of ~-t..... ,1995, upon consideration of
the attached Custody Conc~l ation Report, it is ordered and
directed as follows:
1. The Father, Joseph R. Ross, III, and the Mother, Barbara D.
Ross, shall enjoy shared legal custody of the minor children,
Kyle B. Ross, born August 1B, 1990, and Brandy M. Ross, born
November 2B, 1992.
2. On a temporary basis, physical custody shall be handled as
follows:
A. On an alternating week schedule when the Mother has her
long four day period of no work, Mother shall have
physical custody from the afternoon on the day she gets
off work until she returns the children to the Father or
to the daycare the day that she returns back to work.
Father shall deliver children to Mother at the beginning
of the exchange of custody, and Mother shall deliver the
children back to Father or daycare at the end of this
custody period.
B. On those other two weeks when the Mother is off work and
available to take care of the children during the day,
Mother shall have the opportunity of providing care for
the children during the day and may have physical custody
of the children until Father returns from work. Mother
shall advise Father at least three days in advance of any
days that she intends to take care of the children during
the day. Mother shall handle transportation for exchange
of custody of the children on those dates.
C. Bxcept for as stated above when Mother has physical
custody, Father shall enjoy physical custody.
EXHIBIT "A"
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D. The parties may alternate this schedule as they may
aqree between themselves. Absent an agreement, this
schedule shall control until further Order of this
Court.
B. The parties shall submit themselves and the minor
children to a custody evaluation performed by a
professional as agreed upon by legal counsel for the
parties. Costs of this evaluation shall be shared
equally bet~een the parties. Upon conclusion of this
evaluation and in the event that the parties at that
time are unable to reach an agreement on custody,
counsel for either party may contact the Custody
Conciliator to have a telephone conference after which
the case can be scheduled for a Hearing with the Court.
3. The above custody schedule is entered as an Order l''''rsuant to
an agresment of the parties reached at a Custody C~~ciliation
Conference. Either party reserves the right to advance a
contrary custody arrangement in the event the case comes
before the Court for a Hearing.
BY THB COURT,
l.s/ cJ . 1~ \'..~ ~ (l,j .
Judgg J. Weslll'y Olei: I Jr.
cc: Bradley L. Griffie, Bsquire
Marianne E. Rudebusch, Esquire
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DATE
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Hubert X. G~lroy,
Custody Conciliat
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JOSEPH R. ROSS, III,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUN'rY, PENNSYLVANIA
v
.
.
:NO. 1384 - CIVIL - 1995
.
.
BARBARA D. ROSS,
Defendant
.
.
:CIVIL ACTION - CUSTODY
PRIOR JUDGE: JUDGE J. WESLEY OLER, JR.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
19l5.3-8(bl, the undersigned Custody Conciliator submits the
following report:
1. The information pertaining to the children who are the
subject of this litigation is as follows:
Kyle E. Ross, born August 18, 1990, and Brandy M. Ross,
born November 20, 1992.
2. A Conciliation Conference was held on October 13, 1995,
with the following individuals in attendance:
The Father, Joseph R. Ross, III, with his counsel, Bradley
L. Griffie, Esquire, and the Mother, Barbara D. Ross, with
her counsel, Marianne E. Rudebusch, Esquire.
3. The parties entered into an agreement in accordance with
the proposed Order which is attached.
Marianne E, Rudebusch, Esquire
845 Sir Thomas Court, Suite llA
Harrisburg, PA 17109
JOSEPH R. ROSS, III.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VB.
: NO. 95-1384 CML TERM
BARBARA D. ROSS MARTIN:
Defendant : CUSTODY
CHR11FICATE OF SERVICE
I, Bradley L, Griffie, Esquire, hereby certify that I did, the 10th day of June, 1997,
cause a certified copy of a PETITION FOR CONTEMPT and NOTICE AND ORDER
TO APPEAR 10 be served upon the Defendant, Barbara D. Ross Martin, by serving her
attorney, Marianne E, Rudebusch, Esquire at the following address by first class mail:
DATE:~
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOSEPH R. ROSS, III,
Plaintiff
BARBARA D. ROSS MARTIN,
Defendant
NO. 95-1384 CIVIL TERM
AND NOW, this
tt. ORDER OF COURT
~ day of June, 1997, upon consideration of in
Plaintiff" s Petition for Contempt, a hearing is SCHEDULED for
Wednesday, July 2, 1997, at 9:00 a.m., in Courtroom No.5,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
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Bradley L. Griffie, Esq.
200 North Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Marianne E. Rudebusch, Esq.
Suite 11A, 845 Sir Thomas Court
Harrisburg, PA 17109
Attorney for Defendant
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JOSEPH R. ROSS, m,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No, 1384 - CIVIL - 1995
BARBARA D. ROSS MARTIN,
Defendant
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IN CUSTODY
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NOTICE AND ORDER TO APPEAR
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Legal proceedings have been brought against you alleging you have willfully ~i
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disobeyed an order of court for custody, '.'
I'.)
If you wish to defend against the claim set forth in the following pages, you may
but are not required to file in writing with the court your defenses or objections,
Whether or not you file in writing with the court your defenses or objections, you
must appear in person in court on ~J~ ,the"?/Jd dayof~ ,1997,
at 1: 0 0 o'clock, ct....m, in Courtroom Number 5 of the Cumberland County
Courthouse, Carlisle, PeMsylvania,
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A
WARRANT FOR YOUR ARREST,
If the court finds that you have willfully failed to comply with its order for custody,
you may be found to be in contempt of court and committed to jail, fined or both.
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.
DATE: ~ 4. 1'1'17
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
BY THE COURT,
~ efJ- Itrofd.p. ~ /J.
J. Wesley Oler, Jr, ~ J.
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b) On multiple occasions Respondent has failed and refused to return the
children to the child care provider at the end of her period of temporary physical custody
as provided in Paragraph 2A and 28, at times returning the children to the day care
provider unexpectedly and at times delivering the children to Petitioner's place of
employment, where he is unable to appropriately care for the children, causing him to
unexpectedly lose time from his employment.
c) On multiple occasions Respondent has failed and refused to comply
with the terms of the aforementioned Court Order by failing and refusing to secure
physical custody of the children at the times designated in Paragraph 2A and 28,
5, On multiple occasions Respondent has made clear to Petitioner, through her
actions and comments, that she will secure and retain physical custody of the children on
the schedule that she deems appropriate without following the Court Order of October 25,
1995 and, further, without consideration for appropriate notice to Petitioner,
6, For the above reasons, Petitioner believes and, therefore, avers that the
Respondent is in contempt of the Court's Order of October 25, 1995.
7. A custody hearing is scheduled in the above-captioned matter for July 2, 1997
at 9:00 a,m. before the Honorable J, Wesley Oler, Jr, in Courtroom Number 5 of the
Cumberland County Courthouse.
8. A Petition For Contempt filed by the Respondent herein has likewise been
scheduled to be heard at 9:00 a.m. on July 2, 1997 before the Honorable J. Wesley Oler,
Jr, in Courtroom Number 5 of the Cumberland County Courthouse.
9, It is appropriate to have the within Petition For Contempt heard
contemporaneously with the custody hearing and the Respondent's Petition For Contempt.
VERIFICATION
I verifY that the statements made in the foregoing Petition For Contempt are true
and correct. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities.
DATE: S:-cl?' 97
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JOSBPH R. ROSS, III,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v
:NO. 1384 - CIVIL - 1995
.
.
BARBARA D. ROSS,
Defendant
.
.
:CIVZL ACTION - CUSTODY
COURT ORDER
AND NOW, this .:25.da.ay of ~-t..... , 1995, upon consideration of
the attached Custody ConcJ.l ation Report, it is ordered and
directed as follows:
1. The Father, Joseph R. Ross, III, and the Mother, Barbara D.
Ross, shall enjoy shared legal custody of the minor children,
Kyle B. Ross, born August 18, 1990, and Brandy M. Ross, born
November 28, 1992.
2. On a temporary basis, physical custody shall be handled as
follows:
A. On an alternating week schedule when the Mother has her
long four day period of no work, Mother shall have
physical custody from the afternoon on the day she gets
off work until she returns the children to the Father or
to the daycare the day that she returns back to work.
Father shall deliver children to Mother at the beginning
of the exchange of custody, and Mother shall deliver the
children back to Father or daycare at the end of this
custody period.
a. On those other two weeks when the Mother is off work and
available to take care of the children during the day,
Mother shall have the opportunity of providing care for
the children during the day and may have physical custody
of the children until Father retu-~s from work. Mother
shall advise Father at least three days in advance of any
days that she intends to take care of the children during
the day. Mother shall handle transportation for exchange
of custody of the children on those dates.
C. Bxcept for as stated above when Mother has physical
custody, Father shall enjoy physical custody.
EXHIBIT "A"
JOSEPH R. ROSS, III,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COtlNTY, PENNSYLVANIA
v
.
.
:NO. 1384 - CrvIL - 1995
.
.
BARBARA D. ROSS,
Defendant
.
.
:CrvIL ACTION - CUSTODY
PRIOR JUDGE: JUDGE J. WESLEY OLER, JR.
CONCILIHION CORP'ERENCE SUMJmRY REPOR'J!
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
followinq report:
1. The information pertaining to the children who are the
subject of this litigation is as follows:
Kyle E. Ross, born August 18, 1990, and Brandy M. Ross,
born November 20, 1992.
2. A Conciliation Conference was held on october 13, 1995,
with the following individuals in attendance:
The Father, Joseph R. Ross, III, with his counsel, Bradley
L. Griffie, Esquire, and the Mother, Barbara D. Ross, with
her counsel, Marianne E. Rudebusch, Esquire.
3. The parties entered into an agreement in accordance with
the proposed Order which is attached.
I obuf q S"
DATE
~
Hubert X. G~lroy,
Custody Conciliat
JOSEPH R. ROSS, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 1384 - CIVIL - 1995
BARBARA D, ROSS,
Defendant
CIVIL ACTION - CUSTODY
PRE-TRIAL MEMORANDUM OF PLAINTI~f.
JOSEPH R. ROSS. III
/. HISTORY OF CASE
The parties in this action are JOSEPH R, ROSS, III, (hereinafter referred to as
"Father") and BARBARA D, ROSS, (hereinafter referred to as "Mother"), The parties
were husband and wife, having divorced by decree entered by the Honorable J, Wesley
Oler, Jr. on October 23, 1996, The parties had separated on March 12, 1995,
At the time of the parties' separation, they resided together with their children,
Kyle E. Ross, born October 18, 1990 and Brandy M. Ross, born November 28, 1992,
The parties were encountering marilal difficulties in late 1994 and early 1995 associated
with the Mother's alcohol consumption problems and, ultimately, her sexual involvement
with at least one other man. In fact, the ultimate separation was a result of several
repeated incidents of intoxication by the Mother and her ultimate admission to the Father
of the fact that she was seeing another man.
From the time of the parties' separation of March 12, 1995, Molher had severely
limited contact with the children and made little or no request to have contact with them.
Over a several month period on the few occasions when she requested contact it was a last
minute request that often could not be met by the Father. The Father attempted
repeatedly to make arrangements for the Mother 10 have routine contact with the children
on some type of schedule that would be acceplable to all parties, When, after two months,
Mother refused to enter into any type of routine arrangements, Father filed a Complaint
For Custody which caused a conciliation to be scheduled in the above-captioned action,
The conciliation was rescheduled on several occasions and ultimately was held on
October 13, 1995. This conciliation was held after the parties had previously entered into
a temporary agreement in late August 1995 for Father to have primary physical custody
and for Mother to have appropriate periods of temporary custody when she was off from
work, After notification that Father had filed for child support, Mother changed attorneys
and began contesting the custody issue.
Ultimately the parties agreed to use lhe services of Dr, Arnold T. Shienvold to
perform an independent psychological evaluation. Upon the conclusion of that evaluation,
which recommended that Father remain as the primary physical custodian of the children,
Mother and her counsel refused to accept the recommendation of the independent
psychologist and the case was not resolved, At that point, Father, through counsel,
rescheduled the conciliation in an attempt to have the matter resolved by agreement.
At the time of the conciliation, which was held on April 3, 1997, Mother appeared
without counsel. Mother advised the conciliator that she wanted a hearing on this matter,
that she was not bringing legal counsel to the conciliation, and that she would contest the
case. Due to Mother's refusal to consider any type of negotiated resolution and the failure
of Mother's counsel to appear at the conciliation, the conciliation essentially was a waste
of time for the parties and the matter was scheduled before the Court,
The history of Mother's contact with the children reflects an initial lack of concern
over having any type of routine contact with the children. This remained the case from
March 12, 1995 when she vacated the parties' marital residence to live with her paramour
in Perry County through September 1995, Mother's interest in having meaningful time
with the children arose upon her notification that Father had filed for child support,
Since this case began, Father has attempted in every way possible to provide ample
contact with Mother. In fact, Mother has been having physical custody of the children for
large periods of time when she was off from work until Kyle reached school age, Kyle's
school attendance has created some conflict in the Mother being able to have the children
as much as she had in prior years, At all times, however, Father has attempted in every
way possible to facilitate Mother's contact with the children,
On the other hand, Mother has done everything within her power to try and inhibit
Father's relalionship with the children. Mother has filed false claims with Cumberland
County Children and Youth Servic-:s that Father sexually abused the child, Mother has
filed false claims with the Pennsylvania State Police that Father sexually abused the child,
Both the invesligalion by the Cumberland County Children and Youth Services and the
Pennsylvania Slate Police resulted in the matter being dismissed without further
prosecution or investigation.
Mother has also spoken ill of lhe Father when the children are in her care and as
has her paramour. Mother routinely refuses to answer her telephone when the children are
with her, using her answering machine. Father leaves messages for lhe children but never
receives a return call.
It is evident from Mother's history of this case that Mother is concerned about her
financial well-being. She has fought the support issue on several fronts and filed petitions
to modifY the support or appeals of recommended orders on various occasions, She has
been exlremely upset when the support has not been reduced as she wished and has
pushed the custody issue further.
Dr, Shienvold has found various reasons why it is best for the children to remain in
the Father's primary physical custody as is oudined in his custody evalualion which is
attached hereto, As an independent, jointly selected expert, his recommendalion should be
given great weight.
The history of this case also rellects the fact that the Mother has a difficult lime
differentiating between the truth and untruth, For example, Mother filed for support for
the two children in Perry County during a period of time when Father clearly had physical
custody of the children. That case was referred to Cumberland County and ultimately
dismissed. However, in the petition for support Mother claimed that she had custody of
the children when she in fact did not have custody. This is just one of a multitude of
examples as to Mother's misslatements and untruths throughout these proceedings.
The case is now before the Court due to Mother's position that she wishes to have
primary physical custody of either both children or at least the youngest child, Brandy,
Father has encountered difficulty in preparing for this case because Mother has varied her
position by indicating she wishes to have custody of both children but also, at other times,
indicating that she only wishes to have custody of Brandy, Father's position, of course, is
that the children should remain in his custody as they have been for two and a half (2~)
years since the parties' separation and certainly that physical custody of the children should
not be split.
II. ISSUES BEFORE THE COURT
The primary issue before the Court relates to the primary physical custody of the
children. Father underslands that MOlher is indicating that she wishes to have primary
physical custody of both the children even though the children have been in Father's
primary physical care and are flourishing and have been flourishing for the past two and a
half (2Y,) years. Mother's position may be that she only wishes to have physical custody
of the parties' daughter, Brandy, who is four and a half (4~) years old, After awarding
primary physical to Father, the Court must determine lhe appropriate visitations for
MOlher,
111, WITNESSES
A, Joseph R Ross. III - Mr, Ross will testify on his own behalf relative to his care
of the children and the lack of involvement of the Mother in lhe children's lives since the
time of separation and even prior to separation. He will testify that it is in the children's
best interest to remain in his primary physical custody.
B. Kelly Miller - Ms. Miller is an investigation worker at Cumberland County
Children and Youth Services who investigaled the claims made by Mother that Father
sexually abused the parties' daughter, She is the party who ultimately dismissed the claims
of sexual abuse as "unfounded". She will testify as to her involvement in this case,
C. Trooper Sally Worst - Ms. Worst is a lrooper with the Pennsylvania State
Police and investigated Mother's false claims of sexual abuse that she made against Father
relative to Brandy. Ms, Worst will testify to her investigation and the fact that she
ultimately dismissed the issue and refused to file criminal charges against Father,
D. Wendy Weaver. Ms. Weaver is the baby-sitter for the children and will testifY
to the children and the fact that the children are well cared for by Father and have an
appropriate relationship wilh Falher, She will also testifY to some of the inappropriate
actions Mother has taken relative to the children,
E, Dr. Arnold T. Shienvold . Dr, Shienvold will testifY relative to the independent
custody evaluation he performed at the request of both parties indicating that it is in the
children's best interest to remain in Father's primary physical care,
F, Ro,!er Myers - Mr, Myers is the bindery superintendent at Fry Communications
where Mother and her paramour both work, Mr, Myers has been subpoenaed to bring
with him the personnel tiles of Molher and her paramour to indicate their work history.
G, Joseph Ross Jr. - Mr, Ross is Falher's father, As the paternal grandfather, he
will testifY relative to Father's proper care of the children and Mother's inappropriate
conduct around the children.
H, John Karns - Mr. Karns is the paternal great-grandfather of the children
(Father's grandfather) and will testifY to Father's proper care of the children and Mother's
improper care of the children.
\. Mrs. Joseph Ross Jr. - Mrs. Joseph Ross, Jr. is Father's mothl'r, the children's
paternal grandmother, She will testifY to the proper care provided to the children by
Father and the improper care and conduct of Mother.
Respectfully submitted,
GRIFFIE & ASSOCIATES
~
JOSEPH R. ROSS, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
v.
BARBARA D. ROSS,
Defendant
: No. 1384 CIVIL 1995
ORDER OF COURT
AND NOW, this 2nd day of July, 1997, upon
consideration of Plaintiff's Petition for Contempt and of
Plaintiff's Complaint for custody, and pursuant to an agreement
reached in open court between the Plaintiff and Defendant and
their respective counsel, Bradley L. Griffie, Esquire, and
Marianne E. RUdebusch, Esquire, with respect to custody of the
parties' children, Brandy Ross (date of birth, November 24,
1992) and Kyle Ross (date of birth, August 18, 1990), it is
ORDERED and DIRECTED as follows:
1. The parties, Joseph R. Ross, III (hereinafter
referred to as Father) and Barbara D. Martin (hereinafter
referred to as Mother) shall have shared legal custody of the
children. All decisions affecting the children's growth and
development, including but not limited to: choice of daycare
provider; medical and dental treatment; psychotherapy,
psychoanalysis, or like treatment; decisions relating to actual
or potential litigation involving the children, directly or as a
beneficiary, other than custody litigation; education, both
secular and religious; choice of camp, if any; athletic pursuits
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and extracurricular activities shall be considered major
decisions and shall be made by the parents jointly after
discussion and consultation with each other and with a view
toward obtaining and following a harmonious policy in the
children's best interest.
2. The Father shall have primary physical
custody of the children, and Mother shall have periods of
partial or temporary physical custody with the children on the
following schedule:
(a) During the school year, Mother shall have the
children every other weekend, having Kyle for the period from
6:30 p.m. on Friday evening until she delivers Kyle to school on
Monday morning; and having Brandy from 6:30 p.m. on Friday
evening until 6:00 p.m. on Tuesday evening. The parties
acknowledge that when Brandy begins kindergarten, she will then
follow the same schedule under this subparagraph as is followed
for Kyle.
(b) During alternating holidays, the holidays
being Easter, Memorial Day, Fourth of July, and Labor Day. It
is acknowledged that Father will have the children on the Fourth
of July and Easter in odd-numbered years, and Mother will have
Memorial Day and Labor Day in odd-numbered years. This will
alternate in even-numbered years.
(c) During Thanksgiving, Mother shall have the
period from 6:30 p.m. on the evening before Thanksgiving until
1:30 p.m. on Thanksgiving Day.
Cd) During the Christmas holiday season, Father
shall always have the children on Christmas Eve until christmas
morning when Mother secures physical custody or the children at
10:30 a.m. and retains custody until 9:00 p.m. on christmas Day.
(e) The children shall always spend Mother's Day
with Mother and Father's Day with Father.
3. During the summer vacation months, the
parties agree that they will share physical custody of the
children such that when Mother is off from work, she shall have
physical custody, and when she is working, Father shall have
physical custody. The parties understand that this means that a
biweekly schedule will be broken down as follows:
Mother will have custody from 6:30 p.m. on Sunday
evening until 6:00 p.m. on Tuesday evening; followed by Father
having physical custody from 6:00 p.m. on Tuesday evening until
6:30 p.m. on Friday evening; followed by Mother having physical
custody from 6:30 p.m. on Friday evening until 6:00 p.m. on
Tuesday evening; followed by Father having physical custody from
6:00 p.m. on Tuesday evening until 6:30 p.m. on Sunday evening.
These four periods shall continue alternating throughout the
summer vacation months in this fashion.
4. Parties agree that they will share
transportation of the children for the periods of temporary
physical custody, with the parent who is securing physical
-
custody providing the transportation for the exchange of
custody.
5. Neither parent shall abuse alcohol, abuse
drugs, or smoke cigarettes in the same vehicle or household when
they have custody of the children.
6. Each parent shall be entitled to reasonable
telephone contact with the children when they are in the custody
of the other parent.
7. Both parents shall refrain from making
derogatory comments about the other parent in the presence of
the children and, to the extent possible, shall prevent third
parties from making such comments in the presence of the
children, whether "sleeping" or "awake".
8. The parties recognize that there may be
circumstances from time to time which may prevent the exercise
of custody at the agreed dates and times. To that end, the
parties shall give timely and reasonable notice to the other
party of the existence of any circumstances that will permit the
other a reasonable period of time to enjoy time with the
children to make up for any lost periods of time.
9. In the event of any serious illness or
emergency of the children at any time, the party then having
custody of the children shall immediately communicate with the
other party by telephone, or by other means, informing the other
party of the nature of the illness. During such illness, each
MARIANNE E. RUDEBUSCH, ESQUIRE n"........c'~
845 Sir Thomas ct.
suite 9
Harrisburg, PA 17109
For the Defendant
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party shall have the right to visit the children as often as he
or she desires, consistent with the proper medical care of such
children. The word "illness" shall mean any disability which
confines the children to bed under the directions of a licensed
physician for a period in excess of 48 hours.
10. The parties shall use the services of Dr.
Arnold Shienvold in the event that they encounter a discrepency
in the application or interpretation of this order. Each party
shall contact Dr. Sheinvold's office to schedule an appointment
to discuss any such conflict, and the parties shall be equally
responsible for the cost of such counseling.
11. As we are in the middle of a summer, the
summer schedule set forth above shall begin with Mother picking
the children up Thursday evening, July 10, at 6:30 p.m., and
retaining custody until the following Tuesday at 6:00 p.m., and
the parties shall then abide by the summer schedule set forth
above.
By the court,
J
BRADLEY L. GRIFFIE, ESQUIRE
200 North Hanover street
carlisle, PA 17013
For the plaintiff
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