HomeMy WebLinkAbout95-05504
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LEEANN RABANAL
nka LEEANN MILKE,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLES
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
DINO RABANAL
DefendanURespondent
.
: NO. 95-5504 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
AND NOW, comes the Plaintiff/Petitioner, Leeann Milke, by and through her
attorney Charles Rector, Esquire, flies this Petition for Emergency Interim Relief and
avers the following:
1. Plaintiff Is Leeann Rabanal nlkla Leeann Milke, mother, who currently resldel It
98 Bumlng Tree Lane, Reading, Berks County, Pennsylvania.
2. Defendant Is Dlno Rabanal who C'.urrently resides at 50 Seavers Road, Newville,
Cumberland County, Pennsylvania.
3. The parties hereto are the parents of the following minor child, Ethan Rabanal,
born December 20, 1991. Ethan Is entering the 7" grade this fall.
4. On or about January 19, 2004, Petitioner and Respondent agreed to allow the
minor child to live with his father on a trial basis.
5. Since approximately April of 2004, however. the minor child has expressed a
consistent preference to return to live with his mother, with whom he has lived his entire
life.
, .
6. On April 29, 2004, your Honorable Court entered an Order of Custody which
provlded Inter alia. that the child be permitted to finish the second semester spring term
In the Big Spring School District and further provided for a custody evaluation to be
undertaken by Amold Shlenvold, Ph. D, (See exhibit "A" attached,)
7, As a result of the unexpected delay In having the evaluation completed before
the start of the Fall 2004 school semester, and as a further result of the minor child's
continuing, consistent and stated preference to retum to live with his mother, Mother
decided to not pursue an evaluation and now seeks an Interim Order of Court to facilitate
the child returning to her home to attend school In the Governor Mifflin School District In
Reading, Berks County Pennsylvania.
8. As a result of a telephone conference between counsel and the Custody
Conciliator, Hubert Gilroy, Esquire, on August 4, 2004, the matler was to have been
referred to the Court for disposition regarding primary physical custody of Ethan on an
expedited basis, which referral by the Custody Conciliator did not occur.
9. Counsel for the parties thereafter attempted to schedule a second Conciliation for
Friday, August 27, 2004, at which time the minor child was to appear and both parties
were to acquiesce to the school selection of the minor child following his discussion with
the Custody Conciliator.
10, RespondenVFather however, prior to the Conclllallon, advised his attomey,
Michael Scherer, Esquire, that he refused to bring the minor child to the Conciliation and
the matter remains unresolved.
11. The current Order of Court does not address the minor child's schooling for the
Fall of 2004 semester.
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12. Agalnlt the chlld'a Wllhal, Father hal refund 10 return him to Mother to attand
the Governor MI""n School Dlltrlct and hal, In fact, required that he attend the Big
Sprlngl School Dlllrfct, which elluel begin on Monday, Augult 30, 2004.
13. c.lplte Father'1 obltructlve behavior, Mothlr hal taken neceuary Itepalo
enroll the minor child In the 7111 glllde It the Govemor Mifflin School Dlltrlct and h..
been advlled thlt 8 lranlfer of the child can be 8ccommodlted Without d""culty.
CI.IUI begin It Governor Mifflin School Dlltrlct today (Augult 31, 2004).
14. Mother II better able to 81111t the child With homewortc 8nd to further In.ure
continuing contact With RelpondenVFather 8nd the child.
WHEREFORE, PlalntlfflMother re.pectfully reque.1I your Honorable Court, on an
Intarlm balli, to grant her primary physical cultody of her eon to facilitate hi.
malrfculatlon at the Governor Mifflin School Dlltrlct, which 'chooI dlltrlct commencea
cle.... on TUllday, AugUlt 31, 2004. In the alternative, PetlllonerlMother....P8CtfuJIy
raqUllta that your Honorable Court Ichedule a brief one to two hour hearing In which to
addrel. thelell.ue..
Date:
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~el Rect2 ulre
1104 FemWOOd Avenue, Stl. 203
Clmp Hili, PA 17011-6912
(717) 761-8101
Attomey for the Petitioner
I .
,
I, Charlel Rector, Esquire, do hereby certify Ihll on Ihe 3111 day of AugUIl, 2004,
I cauHd a lrue and correct copy of the wllhln Pellllon for Emergency Inlertm Relief 10 be
Hrved upon Ihe following counlel of record by deposlllng same In firsl c1aSI, Unlled
SlIIlel mall, poltage paid, In Camp Hili, Pennlylvanla:
MkhHl A. Bc"""', Eaqu/re
O'Brien, ..tic & Bc"""
1. W. Boulll ."..,
Carl/lie, PA 17013
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By: ./L.- ~
~I Re , ulre
1104 Femwood Avenue, Sle. 203
Clmp Hili, PA 17011-6912
(717) 761-8101
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LEEANN RABANAL,
NIkI. LEEANN MILKE
v
IN TilE COURT OF COMMON PU;AS OF
CUMBERUND COUNTY, PENNSVL VANIA
CIVil, ACTION - LAW
DlNA RABANAL,
Defendanl
NO, 95. 5504
IN CUSTODY
COURT ORDER
AND NOW, IhIs a do)' of ~ ^ l : \ I 2004, upon conslderallon of Ihe
atladted Custody Condllallon report, Ills ~reded lhallhls Courts prior orden
of December 4, 1995 and March 31, 2004 are vacaled and replaced wilh the foUowlnl
temporary custody order:
4,
1. The mOlher, Leeann Milke, and the falher, Dlna Rabanal, shall enjoy shared
legal custody of Ethan Rabanal, born December 20, 1991,
2, For the remainder of the sdaool year, Ihe father shaD enjoy primary physical
custody of lhe minor child and Ihe child shall altend sdaoolln the 811 Sprina
School Dlslrlct, Dnrlng thai time, mother shall bave temporary custody of the
minor child on a1lernatlng weekends punuantlo a sdaedule arranled between
Ihe parties, Addillonally, mother shall have Uberallelepbone conlacl wltb Ihe
minor child.
3, Upon Ihe conclusion of school In June of 2004 and assumJng Ihe cblld does Dol
bave 10 allend summer school, Ihe mother sholl hove cuslody of Ihe mlllor
child for Ihe fint two weeks of the summer, The remainder of Ihe sununer
sball be shared equally with Ihe parties alternating custody on 0 week oil/week
off basis.
The cOllclllator sholl conducl felepho00llrerence wllh the altomeys for Ihe
parties on AugusI 5, 2004 al 8:30 0,01.
Inlhe evenllhe child Is re1lulred 10 ullend sUlllmcr school und Ihe Ilorlles ore
ulloble 10 reoch on agreement belweenlbemsclvCli relullve 10 bow cuslody will
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LEEANN RABANAL
n/kIa LEEANN MILKE,
PlalntlfflPetitloner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95.5504 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
DINO RABANAL,
Defendant/Respondent
DEFENDANT/RESPONDENT'S ANSWER TO PETITION
FOR EMERGENCY INTERIM ReLIeF flU,.,UANT TP PA.R,C,P, 1'11,13
AND NOW, comes the Defendant/Respondent, Dlno Rabanal, by and through
his attomey, Mlchlel A. Scherer, Esquire Ind respectfully Inswers the Emergency
Petition IS follows:
1. Admitted,
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. The child expresses In Interest to live with Flther when the child
Is with Flther.
6. Admitted.
7. Denied. Father Is without Informltlon to know why the evaluation WIS not
completed Ind further denies the child has expressed a preference to him with live with
Mother.
8. Admitted.
9. Denied. Mother propOled a conciliation whereby the child would lpeak to
the conciliator, exprell hll preference IInd the conciliator would be bound by the child's
preference. Father was not comfortable putting the child In the middle and putting
prellure on the child to choose between the parents.
10. Father did not refuse to bring the child to the conciliation. Father was
willing to bring the child to the conciliation but did not agree that the conciliator should
lpeak with the child asset forth In paragraph 9 above.
11, Admitted,
12. Denied. The child and the Father have dlscuIsed the matter of the child's
Ichoollng and the child II in agreement to attend the Big Spring School District.
13. Denied. Father II without Information to form a belief III to the truth of the
averment In paragraph 13.
14. Denied.
N~ MAnER
15. For the lalt several years, the child hal explained to Father that he II not
happy In Mother's residence,
16. The child has explained to the Father that the Mother doel not seem
Interelted In him, and that the child does not get along with his Itep-Father, who
relldel with Mother.
17. The child hal told the Father that he il deprelled.
18. Subsequent to the child beginning to live with Father on January 19, 2004,
Father leamed from officials at the child's former school, the Governor Mifflin School
District In Reading, Pennsylvania, that the child had missed a substantial amount of
school since the beginning of the school year. A copy of a letter from the Governor
Mifflin School District dated January 9, 2004 Is attached hereto as "Exhibit A."
19. The officials at the Govemor Mifflin School District supported Father In
receiVing primary physlcel custody and expressed their support for a change In custody
because of the unexplained numerous absences with child from the school.
20. Beginning on January 19. 2004, the child attend the Big Spring School
District and missed only two days of school during the last school year.
21. At the conclusion of the school year, the child was promoted to the next
grade.
22. On April 22, 2004, a conciliation was held wherein the parties agreed that
the child would remain with the Father until the end of the school year and remain
enrolled In the Big Spring School District. Additionally, the Order provided that the
parties were to engage In an evaluation by a psychologist, which Father was anxious to
participate In to determine the emotional status of his child, gain Insight into the child's
adjustment In Mother's home and determine why child missed an Inordinate amount of
school at the Governor Mifflin School District.
23. Mother neglected to complete the evaluation, and as such, Father has a
great deal of doubt regarding child's return to Mother's residence.
24. Mother wilted until the end of lummer to re.llat thla mltter for court.
reluhlng In Flther enrolling the child In the Big Spring School Dlatrlct for the preaent
achool yelr,
25. There la no emergency In thla caae as the child la In good heaHh. In I aafe
home and la Ittendlng achool on a regular baals.
WHEREFORE, Flther reapectfully requesta that If further action Is to be tlken
on thla can, that the mltter be referred to conciliation.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
M:l!11-krer. Eaqulre
1.0. 61974
19 Welt South Street
Carlllle, Pennaylvanla 17013
(717) 249-6873
IflII.d,rtdomHtlc/rlblnIU.m'l1I.nCVpttltlon.ln.
t . , .
kERTIFICATE OF SERVICE
I hereby certify that on September 2, 2004, I, Jennifer S. L1ndlay, secretary to
Mlchlel A. Scherer, Elqulre, did serve a copy of the DefendanURespondent's Answer To
Petition For Emergency Interim Relief Pursuant To Pa,R.C.P. 1915.13, by first class U.S.
mill, pOltage prepaid, to the party lilted below, as follows:
Charles Rector, Esquire
Law Offices of Charles Rector
1104 Femwood Avenue, Suite 203
Camp Hili, Pennsylvania 17011
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LEEANN RABANAL
nJk/a LEEANN MILKE,
PlalntlfflPetltbner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-5504 CIVIL TERM
CIVIL ACTION.LAW
IN CUSTODY
DINO RABANAL,
DefendantlRelpondent
ORDER OF COURT
AND NOW, this _ day of
, 2004, upon conllderatlon of
DefendantlRelpondent's Answer To Petition For Emergency Interim Relief Pursuant To
Pa.R.C.P. 1915.13, this matter shall be referred to the custody conciliator,
BY THE COl,!RT,
Edgar B. Bayley, J.
MIchHI A. Scherer, Esquire
O'Brien, Baric & Sche,rer
19 Welt South Street
Cartllle, Pennlylvanla 17013
Chariel Rector, Esquire
Law Officel Of Charlel Rector
1104 Femwood Avenue, Sulle 203
Camp Hili, Pennlylvanla 17011
,womas
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IIlIISYLYANlAl7013
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MICHAEL A. SCHERER, ESQUIRE
O'BRIEN, BARIC & SCHERER
18 WEST SOUTH STREET
CARLISLE, PENNSYLVANIA 17013
(UJwuL
LEEANN RABANAL,
now known as
LEEANN MILKE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95.5504
IN CUSTODY
v.
DINO RABANAL,
Defendant
PRD-=R OF COURI
AND NOW, this ,31 ~ day of'! l~ ,2004, upon conRlderatlon of the within
Petition for Special Relief, it is hereby Ordered that the child shall remain In the prlmalY
physical custody of the Father, Dlno Rabanal and shall remain enrolled In the Big Spring
School District pending the conciliation set In this matter for April 22, 2004 at 8:30 a.m. or
pending further Order of Court.
&.MIchael A. Scherer, Esquire
19 West South Street
Carlisle, Pennsylvania 17013
(lee Ann Milke
98 Burning Tree Lane
Reading, Pennsylvania 19607.3403
>
LEEANN RABANAL,
now known al
LEEANN MILKE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95-5504
IN CUSTODY
v.
DINO RABANAL,
Defendant
lJURIUAtJ]' TO PA,R,C,P, 1111.1Z
AND NOW, comel Dlno Rabanal, by and through hll attorney, Michael A. Scherer,
Eaqulre, and relpectfully repreltlntl al followa:
1. The Petitioner II the Defend8nt, Dlno R8b8n81 (hereinafter "F8ther"), an adult
Individual who relldel 8t 50 Se8verl R08d, Newville, Cumberl8nd County, Pennlylvanla.
2. The Relpondent Is the Pl8lntlff, LeeAnn Milke, formerly known al LeeAnn
Raban81 (hereinafter "Mother"), 8n adult Individual who resldel 8t 98 Burning Tree Lane,
Reading, Bems County, Pennsylv8nl8.
3. The p8rtles are the p8rents of two children: Mlch8el R8b8n81, born December
5,1988 and Eth8n R8b8n81, born December 20,1991.
4. Prior to the p8rtles' sep8r8tlon, the p8rtles 8nd their children resided In
Cumberland County.
5. On December 4, 1995, Mother received primary physical custody of the
children by virtue of a Court Order which Is attached hereto as "Ellhlblt A,"
AlEO-OfflCE
OF tHE PROn~Q\'01NW
ZOO~ M^R 31 PI1 2: 36
CUMG:' L'-. ,U ClJUN1Y
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6. The Initial Court Order was modified on July 29, 1996, to restrict Father from
removing the children from the United States to his native Chile, as set forth In "Ellhlblt B"
which Is attached hereto.
7. Mother subsequently relocated to Berks County, Pennsylvania, and on
January 28, 1997, and Order of Court was entered which prOVided that Mother may
relocate to the Reading, Pennsylvania area with both children, A copy of the January 28,
1997 Order of Court Is attached hereto as Ellhlblt "C".
8. Forthe last several years, the youngest child, Ethan, has ellplalned to Father
that he Is not happy In Mother's residence,
9. Ethan has ellplalned to his Father that the Mother does not seem Interested
In him, and Ethan does not get along with his step.father, who resides with Mother and her
children. Additionally, Ethan told his Father that he was depressed,
10, Father has asked Mother on occasion If Ethan could come to live with Father,
although mother would not permit It until recently.
11, On or about January 19, 2004, Mother finally agreed that Ethan could come
to live with Father at least until the conclusion of the 2003.2004 school year, as set forth
In "Ellhlblt DK,
12. Ethan,ln fact, came to live with Father on or about January 19, 2004,
13. Subsequentto Ethan coming to live with Father, Father learned from officials
at the Governor Mifflin School In Reading, that Ethan had missed a substantial amount of
school since at least the beginning of this school year and that Ethan was "a loner."
14, The officials at the Governor Mifflin School supported Father receiving
primary physical custody and ellpressed their support for the custody change.
16. Ethan Is enrolled In the Big Spring School District, Is thriving, and has missed
only one day of school because of a fall on the Ice. The absence was excused by a doctor,
16. Ethan is happy with his Father, and does not want to return to live with his
Mother at this time.
17. Recently, Father filed a Petition In the Domestic Relations Office asking that
he be permitted to reduce or suspend his support obligation to Mother since Father now
has Ethan and Mother has Michael.
18, On or about March 11, 2004, Mother showed up at Father's residence,
unannounced, and asked Father to direct Ethan to return to live with Mother.
19. Father refused to do so, because of Ethan's problems In Reading, and
because Ethan was doing well In the Newville area, and because Ethan does not want to
return to live with his Mother.
20, Following a child support conference at Domestic Relations on March 24,
2004, Mother Indicated that she would be going to the Big Spring School District to obtain
her 80n, presumably to take him to Reading.
21. Father has flied a petition to modify custody and a conciliation has been set
In this matter for April 24, 2004 at 8:30 a.m,
22, Undersigned counsel Is not aware of mother having retained counsel In this
malter.
WHEREFORE, Father respectfully requests that this Honorable Court enter an
Order directing that:
A) The child remain with Father pending the conciliation or further Order of
Court; and,
B) The child remain enrolled In the Big Spring School District pending the
conciliation or further Order of Court.
C) Mother have partial physical custody of the child on alternating weekends
pending the conciliation or further Order of Court.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
~
Michael A. Scherer, Esquire
1.0.1#61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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LEEANN RABANAL,
Plaintiff
IN THE COURT OF ca1MON PLEAS OF
CUMBERLAND COONTY, PENNSYLVANIA
va,
NO. 95-3637
CIVIL TERM
DINe RABANAL,
Defendant
CIVIL ACTION - LAW
CUSTODY
OOURT ooom
: AND 1Uf, this tf day of 1J.t.a".J.o.(v , 1995, upon
conaideration of the attached CUstody Conciliation Report, it is hlreby
ordered and directed as follows:
1. The Mother, Lelann S. Rabanal, and thl Father, Dino H.
Rabanal, shall have shared legal cuatody of Michael Rlbanal,
born Decellber 5, 1988, and Ethan Rabanal, born Decerrber 20,
1991.
2. The Mother ahall have primary physical custody of the
Children.
3. The Father ahall have partial phyaical cuatody of the Children
on alternating weekends from Friday at 4:30 p.m, until Monday
at 9100 a.m, and one evening dUring the week followi,ng the
weekend the Children are not in his custody It a time mutually
Igreed upon by the partiea. The Father shall pick up the
Children at and return them to their childcare prOVider's
reaidence unleas othendse agreed upon by the parties. The
Father's alternating weekend custody schedule shall begin on
November 24, 1995,
4, Each party shall have a one week vacation with the Children,
which shall include two weekends, The parties shall give each
other thirty (30) days notice ss to when they lIish to take
their vacation.
5. The parties shall share custody of the Children on holidays as
follolls I
A, The Father shall have custody of the Children in even
numbered yeara on Thanksgiving, Memorial Day and Labor Da~',
Tha Father shall have custody of the Children in od::! numbered
years on Chriatmas Day, Easter, and July oil. The Father shall
have custody of the Children on Father's Day in every year.
B. The Nother shall have custody of the Children in odd
nurrbered years on Thanksgiving, Nemorial Day and Labor Day.
The Nether shall have custody of the Children in even numbered
years on Christmas Day, Easter, and Jul)' 4, The Nether shall
EXHIBIT "A"
have cu.tody of the Children on Hother's Diy in every yeu.
6. Each party shall notify the other iIlmedietely of mtdical
emergencie. which arise while the Children are in that
parent'. care.
7. The Mother lhall cooperete in providill9 to the Fethu
informAtion pertaining to the Children's school schedule. and
special activities and events.
B. Neither party shall do anything which may estrange the
Children from the other parent, or injure the opinion of the
Children as to the other parent or which may haqler the free
and natural developntnt of the Children's love or respect for
the other parent.
9. Each party shall provide prClll1lt notice to the oth!tr party of
any intention to relocate outside of CII1tltrland County. If
either party's relocttion would .ignificantly interfere with
the custody achtdule .et forth in this Order, the relocation
shall not take place until modified cUltody arrangements have
been e.tabl1lhtd by agrltmlnt of the parties or Court Order.
10. Thi. Order is entered pursuant to an agrtemlnt of the parties
at a CUstody Conciliation Conference. The parU.. may modify
the terms of this order by mutual agrtemlnt. In the abaence
of' mutual allreemtnt, the provisiona of thi. Order ahall
control.
By the Court,
I~I ~~.... ~. ~(IIi;J-
JUdge Edgar B. Bay eY (J
CCI tUchael A. Scherer, Esquire
Frances H. Del Duca, Esquire
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LEUNN IWIANAL,
Plaintiff
,
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,
IN 'l'HE COUR'l' OF CONNON PLEAS OF
CUHBERLAND COUN'l'l', PBNNSYLVANIA
CIVIL AC'J'ION - LAW
NO. 96 - 3647 CIVIL 'l'ERN
CIVIL AC'J'ION - CUS'l'ODY
v.
DINO RABANAL,
Defendant
COUR'l' ORDB~
AND "OW, thi. ~ q day of ~.
con.ideration of the attached Cu.tody g;;;;rl1ation
ordered and directed al tollow.,
J. 'l'hi. Court'. prJor Order of December 4, J995 i. ntUied
'ubject to the modUicationB liB Bet torth below.
, J996, upon
Report, it i.
2. 'l'h. Father .halJ not remove the children from the United
State. wlthout receiving written con.ent of the Nother or .n
appropriate Order of Court.
3. Nother may take nece..ary mea.ur.. to obtdn pa..porta for the
chlldren and Nother may hold tho.e p...port. ln ..cro... ..
additional .ecurity to Nother that F.ther will not remove the
chlldren from the United Stlltes without permi..ion ot the
Hother or Order ot Court.
BY 'l'HB COUR2',
151 ~" -.8.~
Edgar B. Bayley, J.
cc, Hichael A. Soherer, Esquire
FranceB Del DUOII, Esquire
TRUE Ctly FIlOM Ri:COItD
In Testirro' '.', I', I ." '.' I, "/, !oIIt my halld
~i1d th~ teal oi Id,ti (QUit at Carils:e, Pa,
'Ihis ..,,2'1 I.t:-., day Of...,~", 19.'1"..
................~*I....p;~~~~~.._'
EXHmIT "B"
rr
LBBANN RABANAL,
PlIintitt
v
DINO RABANAL,
Detendant
Prior Judg81 Edgllr B. Bayley
'IN 'l'HE COL'R'l' OF COHHON PLEAS OF
,CUHBERLAND COUN'l'f, PENNSfLVANIA
,
,CIVIL AC'l'ION - LAW
,
,NO' 95 - 5504
'IN CUS'l'ODf
COl1R'l' ORDER
AND NOW, this .......:Jt day' ot ~ , 1997, upon
oon.ideration ot~ettaohed CUBtody~nC11tftion Report, it is
ord.r.d and direoted a. tollows,
J.
Thi. Court'. prior Orders ot Deoember 4,
J996 .hall remain in etfeot aubjeot
modi tioations,
A. 'l'he Mother mey re.ide in Reading with the ohildr.n
pursuant to agreement ot the partie..
J995 end July 29,
to the tollowing
B. Exchange ot ou.tody will take pllloe in Reeding ..i th
the Father pioking the ohildren up on alternating
....k.nd. on Fridey in Reading and deliv.ring the
ohildren baok to .chool or day oare on Monday
morning.
BY 'l'HE COUR'l',
iiI:1/1rB;y~y ~ J.
00' Miohael A. Scherer, Esquire
Frllnces H. Del Duca, Esquire
TRUE COpy FROM RECORD
In Tr.!I'm,.'::" \'.1. r rr, I Lr,' 1'r.tO SBt mv hind
and Ihl s~o! of said Co~rl el Cerl:l!e, Pa.
T~11 ....,;)B.::!!.~, daV of"",~""., 19..1..7.
_--lbJ:.~...,u...,,,,~.uF'u..._
otflfr' PlClflMllltltlY
EXIImIT "c"
VERIFICATION.
I verify that the BtatementB made In the foregoing Petition for Special Relief
Purauant to PA,R.C,P, 1915.12 are true and correct. I underatand that falBe atatementa
herein are made aubJect to the penalties of 18 Pa. C.S, ~ 4904. relating to unsworn
f.lslflcatlon to authorities.
o flM
Olno Rabanal
DATED: March~. 2004
LEEANN RABANAL.
now known al
LEEANN MILKE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-5504
IN CUSTODY
v.
DINO RABANAL.
Defendant
CERTIFICATe OF SERVICE
I hereby certify that on March 25. 2004, I, Tina M, Alcanl of O'Brlen, Baric &
Scherer, did aerve a copy of the Petition for Special Relief Pursuant to PA.R.C,P.
1915.12, by first cta.. U.S, mall, pOltage prepaid. to the party lilted below. al folIOWl:
LeeAnn Milke
98 Burning Tree Lane
Reldlng. Pennlylvanla19607-;W03
(flit/. fr;, IJAl/l14u.'
Tina M. Aseanl
~
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.
.
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.
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. ,.. Dino..Rab.nal.."
i
,
.
..
;
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA.
,......f,',tlIUIlLI1"" ~lIbIlIlIlL..,....,.. '"''
II No, ..,...."....,,5504 """'"'''''''' 19 95
II
11
II
Versus
DECREE IN
DIVORCE
AND NOW, "., S'9t~,. .I,l...... ,xtfX~ it Is ordered and
decreed that.". .Lee.anD. s. ,RabaDal,.,..",..."......."... plaintiff,
and. .... . . .. . .Dino ,R.banal.. ... . . . ... . .. ..... . . ..... . . . . . . I d.fendant,
are divorced from the bonds of matrimony.
.
.
.
.
,
.
.
.
.
l..
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:
I
.
,
.
~
8
8
~
8
J.
8
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- ._.--",~,.-.- "...,... '.... .. ... . .... . .. .. . . . 'iii
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.. .Tbe. .r.elat.ed, cl.aims, ,of, equi table, dililtt.i.buU.on,. a.Limony,. c.oullllel
fees and expenses qte herebytspecifically pres ed until
., 'Una'l' 'adjudica'tioh' 'of' the' er:onomi'c '{;t'lr
Allelt I
rothono....y
.
I
.
..
..
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..
.
I
I
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--
.
LEBANN RADANAL. N/KIA LlinANN MII.KIl I
l'I.AIN1WI'
IN TilE COllin OF COMMON PI.EAS OF
CllMIIElU.ANI> COUNTY. I'HNNSYI. VANIA
v,
95-5504 CIVil. M:nON I.A W
D1NO RADANAL
IlHI'HNI>ANT
IN ('USTOI>Y
!
ORllt;R (W OWR1'
?-.
AND NOW. Thunday, Much II, Z004 . upon considcrution of the allached Complaint,
it is hereby directed that parties and their rcspective counscl apl'car bethrc H~btrt!.91!~II)'I~!CJ' ,..,. thc conciliator.
at 4tll Floor, Cumberland County Courthoulf. Cull.le on Thunday, April n. Z004 at 1130 AM
for a Pre,Hearing Custody Conferencc. At such conference. an cllhrl will be mude to resolve thc issues in dispute; or
if this cannot be accomplished. to define and narrow thc issues to be heard by the eourl. and to enter into 0 tCll1porary
order, All children aile live or older lI1av also bc prcscnt Dt thc confcrcocc. FDilure to al'pear Dt the contbrence lI1ay
provide grounds for entry ofa lemporury or I,ermanent order.
ne eOlrt hereb)' dlrectl the partin to flIrallh .ay lad .11 nlltlnK Protectloa from Abule orden,
Special Relltr order.. .nd CUltody orders to the conciliator 48 houn prior to scheduled he.rlnll.
FOR TilE COllRT,
lIy: ,.,
Hilbert X. GilrQ)', Esq.
Custody ConeillDtor
mho
The Court of Common Pleas of Cumberland County is required by low to cOll1ply with the
Americans with Disabilltcs Act of 1990. For infnnnalion Dhout accessible faellllics and reasonahle
accommodations available to disabled Individuals havinll bnsiness hefurc thc court. plcase contact 001' onlce.
All arrangements must be made at least 72 hours prior to any hearing or husiness hefhre the court. You must
allend the scheduled conference or hearing,
YOU SIIOUW TAKE TillS PAPER TO YOlm ATl'<mNEY AT ONCE. IF YOU 1>0 NOT
IIAVE AN ATI'ORNEY OR CANNOT AFFOIU> ONE, GO TO Oil TELEPIlONE TilE OFFICE SET
FORTH BELOW TO FIND OUT WIIEltE yoU t 'AN GET I.EGAI.IIEI.I',
Cumberllll1ll County 1101' AssociDtion
J2 South IIcdlillll Strcet
CDI'll sic, Pcnnsyll'onill 1711 13
Tclcphonc (717) 24<J.3IM
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OF 11 '( '1'- ()-I' '()\': ';.\' \,
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.
~
LEEANN RABANAL,
now known as
LEEANN MILKE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-5504
IN CUSTODY
DINO RABANAL,
Defendant
PETITION TO MODIFY CUSTODY
AND NOW, comes Dlno Rabanal, by and through his attorney, Michael A. Scherer,
Esquire, and respectfully represenls as follows:
1, The Petitioner Is the Defendant, Dlno Rabanal (hereinafter "Father"), an adult
Individual who resides at 50 Seavers Road, Newville, Cumberland County, Pennsylvania,
2. The Respondent Is the Plaintiff, LeeAnn Milke, formerly known as LeeAnn
Rabanal (hereinafter "Mother"), an adult Individual who resides at 98 Burning Tree Lane,
Reading, Berks County, Pennsylvania.
3. The parties are the parents of two children: Michael Rabanal, born December
5,1988 and Ethan Rabanal, born December 20,1991.
4. Prior to the parties' separation, the parties and their children resided In
Cumberland County.
5. On December 4, 1995, Mother received primary physical custody of the
children by virtue of a Court Order which Is attached hereto as "Exhibit A."
6. The Initial Court Order was modified on July 29, 1996, to restrict Father from
removing the children from the United States to his native Chile, as set forth In "Exhibit BU
which Is attached hereto.
7, Mother subsequently relocated to Berks County, Pennsylvania, and on
January 28, 1997, and Order of Court was entered which provided thaI Mother may
relocate to the Reading, Pennsylvania area with both children. A copy of the January 28,
1997 Order of Court Is attached hereto as Exhibit "C".
8. For the last several years, the youngest child, Ethan, has explained to Father
that he Is not happy In Mother's residence.
9. Ethan has explained to his Father that the Mother does nolseem Interested
In him, and Ethan does not get along with his step-father, who resides with Mother and her
children. Additionally, Ethan told his Father that he was depressed.
10. Father has asked Mother on occasion If Ethan could come to live with Father,
although mother would not permit It until recently.
11. On or about January 19, 2004, Mother finally agreed that Ethan could come
to live with Father, on a trial basis.
12. Ethan, In fact, came to live with Father on or about January 19, 2004.
13. Subsequenllo Ethan coming to live with Father, Father learned from officials
at the Governor Mifflin School In Reading, that Ethan had missed a substantial amount of
school since at least the beginning of this school year and that Ethan was "a loner."
14. The officials at the Governor Mifflin School supported Father receiving
primary physical custody and expressed their support for the custody change,
15, Ethan Is enrolled In the Big Spring School District, Is thriving, and has missed
only one day of school because of a fall on the Ice, The absence was excused by a doctor,
16. Ethan III happy with his Father, and does not want to return to live with his
Mother at this time,
17. Recently, Father filed a Petition In thu Domestic Relations Office asking that
he be permitted to reduce or suspend his support obligation to Mother since Father now
has Ethan and Mother has Michael.
18, On or about March 11, 2004, Mother showed up at Father's residence,
unannounced, and asked Father to direct Ethan to return to live with Mother.
19. Father refused to do so, because of Ethan's problems In Reading, and
because Ethan was doing well In the Newville area, and because Ethan does not want to
return to live with his Mother,
WHEREFORE, Father respectfully requests that this Honorable Court enter an
Order directing that:
A) Mother have primary physical custody of Michael; and,
B) Father have primary physical custody of Ethan; and,
C) the Order provide that Michael and Ethan have some opportunity to spend
time with one-another; and,
D) each party have time with each boy during the summer and on holidays.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
m.IIDomnUcIRlblnlnroblnll,pll.modl/v
1f1u<1t~
Michael A. Scherer, Esquire
1.0. ## 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
. ~
-
, ' ,..tY
LEEANN RABANflL,
Plaintiff
I IN THE COURT OF ca-lMON PLElIS OF
I CUMBERLflND CClUNTY, PENNSYLVflNIA
l
vs.
NO. 95-3637
CIVIL TERM
DINO RABflNflL,
Defendant
CIVIL ACTION - LflW
CUSTODY
mJRT mom
AND tDf, this 'f day of /.:).ta".J",v , 1995, upon
consideration of the attached Custody Conciliation Report, it is hereby
ordered snd directed a. followsl
1. The Mother, Leesnn 5, Rabanal, and the Father, Dino H.
Rabanal, Ihall have aha red legal custody of Michael Rabanal,
born Decerrber 5, 19B6, and Ethan Rabanal, born December 20,
1991.
2. The Mother shall have primary physical cuatody of the
Children.
3. The Father lhall have partial physical custody of the Children
on alternating weekends from Friday at 4130 p.m. until Monday
at 9100 a.m. and one evening dudng the week followinll the
weekend the Children are not in hi. custody at a time mutually
agreed upon by the parties. The Father shall pick up the
Children at and return them to their chlldcare provider's
residence unless othervise agreed upon by the parties. The
Father's alternating weekend custody schedule shall begin on
November 24, 1995.
4. Each party shall have a one week vacation with the Children,
which shall include two weekends. The parties shall give each
other thirty (30) days notice as to when they lo'ish to take
their vacation.
5. The parties shall share cuatod)' of the Children on holidays ss
followSl
fl. The Father shall have custody of the Children in even
numbered years on Thanksgiving, Memorial Day and Labor Da}'.
The Father shall have custody of the Children in odj numbered
years on Christmas Day, Easter, and July 4. The father shall
have custody of the Children on Father's Day in every year.
B, The ~Iother shall have custody of the Chi Idren in odd
numbered years on Thanksgil'ing, Nem::>rial Day and Labor Day.
The ~Iother shall have custody of the Children in even numbered
years on Christmas Da)', Caster, and July 4. The ~Iother shall
EXIIlDl'l' "A"
Ii
~'Ui "
'. ...;l ,996
W
Detendant
,
,
,
,
,
,
,
,
IN 'J'HE COUR2' OF CONNON PLBAS OF
CUHBERLAND COUN2'r, PENNSYLVANIA
CIVIL AC2'ION - LAW
NO. 96 - 3647 CIVIL 'l'ERH
CIVIL AC2'ION - CUS'l'ODY
LBBANN RABANAL,
PlaintUt
v.
DINO RABANAL,
COUR'l' ORDER
AND I(Off, this ~ q day ot Cl,..J~L
oon.iderlltion at the attached Custody ~liation
ordered and direoted as tolloWB'
1. 'l'hitt Court'. prior Order ot December 4, J995 is ratitied
.ubieot to the moditiolltionB as set torth below.
, J996, upon
Report, it is
2. 'l'he Father .hall not remove the ohildren trorn the United
States without receiving written oonsent ot the Hother or an
appropriate Order ot Court.
J. Hother may tllke necessary meaBures to obtain pae.port. tor the
ohildren and Hother may hold those passport. in e.orow a.
additionll eeourity to Hother that Fllther will not remove the
ohildren troill the United StateB without permiB.ion ot the
Hother or Order ot Court.
BY 'l'HE COUR'l',
15/ &l~" 11 .~~
Bdgar B. Bayley, J.
00'
Hiohael A. Soherer, Bsquire
Franoe. Del DUOII, Bsquire
TRUF ('4T1'r' FROM RrCOPD
In le~lirr, ',' ;', I',', ""'JI\ my helld
~"d Ih; ledl 0; ,~.'; ~'Jurt at CJIIi\:~, Pa,
IlIi~ up1q,t,4. dey Of~1 199/a..
........,..,....~~~A."p;~~~~.._'
EXHIBIT ''0''
I.
VE,.IFICATIQH
I verify that the statements made In the foregoing p.tltlon To Modify Cu.todV are
true and correct, I undel'ltand that false statements herein are made subject to the
penalties of 18 Pa, C,S. S 4904, relating to unsworn falsification to authorities.
Qt~,
Dlno abanal
DATED: March /S' ,2004
6' on ~ '"
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I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I
I
I
CIVIL ACTION - LAW
No.46,.G5d+ CIVIL
IN DIVORCE I
19
VI.
~ "I1D ~&rr)'tt
~~~n~
STATUS SHBBT
Iv 11t{))
q/ /I/J.-v../
'7'1,0\
LEANN S. RABANAL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95 - 5504 CIVIL
DINO RABANAL,
Defendant
IN DIVORCE
TO: Charles Rector
Attorney for Plaintiff~
Dino Rabanal Defendant
DATE: Thursday, July 6, 2000
CERTI FI CAT ION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(bl Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DME
COUNSEL FOR PLAINTIFF (
COUNSEL FOR DEFENDANT (
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
I
CCI Michael A, Scherer J
LEANN S. RABANAL
IN TilE COURT at' COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
OINO RABANAL
I
I
I
I
I
I
I
I
NO.
95 . 5504
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICB SETTING HBARING
1'01 LeAM S, Rablntl , plllintiff
Charles Rector , counsel for Plaintiff
Olno Rabana1 Defendant
Michael A, Scherer , counsel for Defendllnt
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the office of the Divorce Master, 9 North
lIanover Street. Carlisle, Pennsylvania on the 12th day
of April 2001 at 1:]0 p.I1\" at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your Cllse,
'f1" ,
'" t:~t. Pmid,., Judg'
Dllte of Order IInd
Notice I ]/6/01
BYl
Divorce Master
IF YOU DO NOT IIAVE A [.AWn;R 011 CANNOT AFFOIID ONE, GO 1'0 Oil
TELEPHONE TilE OFFICE SET FORTIl BELOW TO FIND OUT WIIERE YOU CAN
GET LEGAl, liE!.!'.
CllMIII':\U.ANIl COllNTV IlAIl MiHllC I AT I (IN
2 \.IIII':Il'\'V AVI':Nlll':
CAHl.liH,E. I'A \'Ill \ \
n:I.E\'llllNl': (1\'1) ".1'1 II'''.
. .-\., '
Law Off/cu
O"IIEN. .AIIC. SCIIEIEI
'-
.:, ',..'.>.L'\~'~~.$f
17 WUISOlllhSlrtel
Corllsle, Pennsylvania 1701J
Itobtrt L. O'Brien
Dlwld.4. B",lc
MlcM,1 A. Scherer
('117) UP,687J
FOJt ('1/7) uP.Jm
E.mall: olu@olulaw.com
dlrtcl: mJche"r@ob.rlaw,com
April 6, 2001
VIA FACSIMILE ONLY: (717) 781-2181
Charlel Rector, Elqulre
1104 Femwood Avenue, Suite 203
Camp Hili, Pennlylvanla 17011
RE: Baa3ana' v. Rlblnl'
Dear Charlie:
I write to let you know that, with the better weather we have had recently, Olno
will have the houte completely Ilded by the time you receive thll letter. He hal allo
made 101M other minor Improvementl which Ihould enable him to get the financing
which II needed to pay Leeann according to the Marital Settlement Agreement Ilgned
by the partie, In November, 2000,
Wayne NOli from AmeriQuelt Mortgage II away thl, week, but he will be back
In the otllce on Monday, April 9, 2001, at which time Olno will contact him regarding a
re-appllcatlon for the loan.
Olno will be dropping picture. off at my office to verify the work that he ha. done
to the houte to demonltrate to everyone Involved hi. good faith In thl. matter,
In light of theae detail., I would .uggest that we po.tpone the hearing set In thl.
matter for April 12, 2001 at 1 :30 p.m, .0 that Olno will have the opportunity to obtain the
loan he need. to perform under the term. of the November, 2000 Marital Settlement
Agreement.
Plea.. contact me at your convenience to discuss this matter,
Very truly yours,
O'BRIEN, BARIC & SCHERER
~
MAS~II
cc: ~~ Robert Elicker, II, Esq" Divorce Master
Dlno Rabanal
File
m'"dlrIlIUll'l/rlb.nlll.ltr
Michael A. Scherer
j
;1
,
LcANN S, RABANAL
IN THE COURT OF COMMON PLEAS OF
I CUHBERLAND COUNTY, PENNSYLVANIA
I
I NO, 9S. SS04
I
I CIVIL ACTION - LAW
v,
DINO RABANAL
IN DIVORCE
RESCHEDULED HEARING
ORDER AND NOTICE BETTING HEARING
..
TO: LcAnn S. Rabanal . plaintiff
Charlcs Rcctor . counsel for Plaintiff
Dino Rabanal , Defendant
Michacl A. Schcrer , Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover street, Carlisle. pennsy lvania on the 7th day
of Junc , 2001 at 9:00 a.m" at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
· ,11'"
,.b"
President Judge
Date of Order and
Notice I 4/11101
ny:
Divorce Master
IF YOU 00 NOT HAVE A LIIWyER 011 CANNOT AFFORD ONE, GO TO 011
TELEPHONE THE OFFICE SET FORTH BELOW TO FJ NO OUT WIIERE YOU CAN
GET LEGI\I, HEI.I'.
CUMnERl,AND COUNTY BAil ASSOCIATION
2 I.IBEIlTY AVENUE
CAIlI.I!;LE, I'A \'Illl)
TEI,I':1'1I0NE (/1'1) .'~ '1- .111010
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LEEANN S. RABANAL,
Plaintiff
NO, 95 - 5504 CIVIL
DINO RABANAL,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Charles Rector
, Counsel for Plaintiff
Michael A. Scherer
, Counsel for Defendant
A pre-hearing conference has been scheduled
at the Office of the Divorce Master, 9 North Hanover
street, Carlisle, Pennsylvania, on the 11th day of December,
2000, at 9:30 a.m" at which time we will review the
pre-trial statements previously filed by counsel, define
issues, identify witnesses, explore the possibility of
settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Noticel 9/22/00
E. Robert Elicker, II
Divorce Master
Charles Rector, Attorney for Plaintiff, has not filed a
pre-trial statement as of the date of this notice.
Michael A, Scherer, Attorney for Defendant, filed a
pre-trial statement on August 11, 2000,
~~nro~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
No. 95.5504 CIVIL TERM
IN DIVORCE
LEEANN S. RABANAL,
Plaintiff
v.
DINO RABANAL,
Defendant
HUSBAND'S PRE.TRIAL STATEMENT
PURSUANT TO Pa.R,C.P. 1IZ0.33(b)
Tha partlel were married on May 5, 1988. HUlband II 44 yearl old. The partlel
have two minor children together: Michael, who II eleven yearl old; and Ethan who II
eight yearl old. The partlel leparated on July 4, 1995. Husband pays child support to
wife; wlfe'l claim for spoulal support In 1995 was denied becaule her Income wal
higher thIn husband's. The dlvorca complaint was flied by Wife on October 13, 1995,
and HUlband will conlent to a divorce.
1. Anats:
The parties have few alsets. They jointly own a home at 50 Seaverl Road,
Newville, Pennlylvanla, which Is encumbered by a mortgage through TranlAmerlca
Financial Services, York, PA. The payment Is $495.00 par month and husband hal
been residing In the marital residence and making the mortgage payment since the
partlel separated, The total Indebtedness on the property Is approximately
$20,000,00.
The parties also owned tangible personal property which has been divided
equitably as far as husband is concerned,
.
.
2. Expert wltn.....: Husband may call an expert to render an opinion as to
the value of the marital residence,
3. Wltn.....: Husband believes at this time that he will be the only fact
wltneaa in his case-In-chlef.
.t. Exhlblta: Mortgage payoff.
.. Income: Wife Is employed by Boscovs. Her Income had been higher
than husband's during the time the parties resided together and Is believed to by higher
than husband's Income presently.
Husband i. self-employed as a drywall Installer. This pretrial will be updated
with Husband'. tll)( returns for the last two years.
.. EIlPIAH': Husband will complete an Income and Expense Stat.ment
In preparation for the Master's hearing In this case.
7. Value of pen.lon: Husband has no pension. Wife is believed to have a
pension with BOSCOVI,
.. Coun..1 fn claim: Each party should pay their own counsel feel.
I. Tangible property: Nothing substantial In dispute as far a. Husband Is
concerned.
10, Marital d.bt.: Some small personal debt at separation and the mortgage
on the marital residence, Wife Is also claiming a debt of approximately $50,000.00
which Is In her parents name,
.
CERTIFICATE OF SERVICI;
I hereby certify that I have this 11 th day of August, 2000, served a copy of the
foregoing pre-trial st.tement upon the following persons In the manner IndiColted below:
Via United States Mall:
Charles Rector, Esquire
1104 Femwood Avenue
Suite 203
Camp Hili, Pennsylvania 17011-6912
~u~
Mlchae A, Scherer, Esquire
. .
LEEANN S. RABANAL,
PetlUoner/Plalntlff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
DINO RABANAL
Respondent/Defendant
: NO, 95-5504
: CIVIL ACTION. LAW
: IN DIVORCE
P' &INTIFF'S PRE.TRlAL STATEMENT
PIalnlltf flied a divorce action against Defendant as a l'8lIult of a continuing pattem of
severe phyalcal abuse and aloohollsm In the household from the date the parties married on
5/5188. On 7/4195, PIalnlllf abandoned the marital home In fear for har life and the welfare of
the children, Michael (DOB 12/5/88) and Ethan (DOB 12/20191). After repeated attempll to
resolve the C8&8 amicably, PIaInIllf flies 11111 Pre-lrlIlStatement Inasmuch 8& aha oonUnue& to
cover the majority of hoUsehold debt obligations due and owing at the Ume of aeparatlon
da&pite the faclthat Defendant oonUnues to I8lIde In the home. Plalnlltf will be reqUBIUng
rental value calculations from the date of marriage to the preHnt date In addition to the
11I811 and llabllltlel nlted herein.
Date of Marriage: 5/5/88
Date of SeparaUon: 7/4/95
I, AIIETS:
1,
Marital Home
50 Seaver Road
Newville, PA 17241
PV SUnknown
TO BE APPRAISED
V. INCOME/EXPENSES: Wife Is currently employed by Boscov's, Husband Is self.
employed. Wife will complete an Income and EKpense Statement prior to the
hearing.
VI. PENSIONS: See Asset Summary.
VII, COUNSEL FEES: No claim for counsel fees Is made In this action.
x,
PROPOSED RESOLUTION: Wife Is requesting that she be relmbursad for one-
half (112) of the current equity In the marttal home and that all remalnln~taI--,- '-
c::::
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BY:
L.-
artel Rector, Elq re
1 04 Femwood Av ue, e. 203
Camp Hili, PA 17011-6912
(711) 761.8101
Attomey for Plaintiff
VIII. PERSONAL PROPERTY: Contents stili remaining In the marital home In
Husband's possesllon are valued at approKlmately $3,000.00.
IX. MARITAL DEBTS: See debt summary at Paregraph 1,
Date:~
Law Omen
of
Charln Rector, Eaqulre, P.C.
1104 Femwood Avenuc, SIc. 203
Camp HlII, PA 17011-6912
www.ch..leueclor.com
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Tammy S, Faull
Paralcaal
(717)761-8101
Fax (717)761-2161
December 8, 2000
E. Robert Elicker, II, Eaqulre
9 North Hanover Streel
Carllale, PA 17013
Re: R.ban.' v. R.ban.'
No. .s.a04
OUr Mr. Elicker:
I confirm by thll letter thaI we conllnue to attempt to relolve amicably the above-
referenced matter for which a Pre-He.rlng Conference with counlelll Icheduled for
Monday, December 11, 2000. I am In agreement with Attorney Scherer'1 requelt thaI
\hla matter be postponed,
Belt wllhel for the holiday lealon.
Very truly yours,
C'~
Charlel Recto/:
---.,.
CRlllf
Enclolure
co: Michael Scherer, Elqulre
,
.
O"ICI 0' DIVO..CI MAlT...
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
.. ...11... '''lIor, II
Divorce Maaler
Tr_' ... CelJer
Ofllct MlI1llltliRlpOrt.r
W..llltore
697.0371 Ekl, 6535
July 17, 2000
Charle. Rector, Esquire
1104 Fernwood Avenue
SUite 203
Camp Hili, PA 17011
Michael A, Scherer, Esquire
O'BRIEN, BARIC" SCHERER
17 We.t South St....t
Carli.le, PA 17013
REI LuAnn S. Rabanal VI. Dlno Rabanal
No, 95 . 5!504 Civil
In Dlyorce
Dear Mr, Rector and Mr. Scherer:
I have received from both coun..1 certification that dl.covery i.
complete,
A dlyorce complaint wa. flied on October 13, 1995, ral.lng ground. for
dlyorca of Irretrievable breakdown of the marriage and Indlgnltle., and the
economic claim. of equitable dl.trlbutlon, allmony,and coun.el fee. and
..pen....
I assume that the parties will .Ign affidavit. of consent and waiver.
of notice of Intention to request entry of divorce decree .0 that the dlyorce
can be concluded under Section 3301(c) of the Dome.tlc Relation. Code,
In accordance with P.R,C,P, 1920.33(b), I am directing each counsel to
.
.
MR, RECTOR AND MR. SCHERER, A TTOANEYS AT LAW
17 JULY 2000
PAGE 2
fll. a pretrialltatem.nt on or before Friday, August 11,2000, Upon receipt
of the pretrialltatement., I will immediately schedule a pre-hearing
conference with counsel to discuss the issues and, if necessary, schedule a
hearing,
Very truly yours,
E, Robert Elicker, II
Divorce Master
NOTE: Sanction. for failure to file pretrial.tatement. CIf'I lit
forth in subdivl.ion (c) and (d) of Rule 1920,33,
THE OAI6INAL PRETRIAL STATEMENT SHOULD BE
FILED IN THE MASTER'S OFFICE AND A COPY SENT
DIRECTLY TO OPPOSIN6 COUNSEL,
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEINS VACATED,
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'IN 'l'HE COURf OF CONNON PLEAS OF
,CUHBERLAND COUN'l'l', PENNSYLVANIA
,
'CIVIL ACfION - LAW
, CJS . S'SO"
:NO. 'I.:J.V.Ll.J 19
,CUSTODl'/VISX.fAfION
V
* \)\r"\O RC\ bC\ rlfd}endant
"
ORDER OF COURT
AND NOW, this 13(('(date) _JtL~- , upon consideration ot the
IIttllched complllint, it is hereby directe the partieB
their reBpective counsel appear be ore . ,
the concil <<tor, lit '
on the ~ dllY ot
Ho, or II Prehellring s !y Conference. At such con erence,
an effort will be made to resolve the iSBue. in dispute, or if
this cannot b. accomplished, to define and narrow the lBBU.. to be
h.ard 'by the oourt, and to enter into a t8llfporary order. Bither
party .ay bring the child who i. the subieot ot thiB cUBtody
aotion to the conference, but the ohild/children'. attendance i.
not .andato1']'o Failure to IIppear at the conference may provide
fround. for entry of a tempC?ra1']' or pel1llanent order.
FOR 'IRS COUR'r'
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By' 4-"::. J-L "'-1 ~.
uBtody Con~tJ.T;to--;' , 0'
YOU SHOULD 'l'AKE 'l'HIS PAPER 'l'O YOUR LAfiYBR At' ONCE. IF YOU DO NO'l'
HAVB A LAfiYBR OR CANNO'J' AFFORD ONE, GO 'l'O OR 'l'BLEPHONE fHE OFFICB
SB'l' FOR'l'H BBLOW 'l'O FIND OU'l' fiIlBRB YOU CAN GB'l' LEGAL HBLP.
OFFICE OF 'l'HB COURt' ADHINIS'l'RA'l'OR
COUR'l'HOUSE, FOURfH FLOOR
CARLISLE PA 170J3
(717)240-6200
,
,
fltEO-OFFICE
OF THr: rrXnJl0NOTNlY
96 JIJII/9 Nf 3:1,6
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PENNSYlW\N:.<\
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II IN THE COURT OF COMMON PLEAS OF
II CUMBERLAND COUNTY, PENNSYLVANIA
I I NO. 95 UJ7 CIVIL TERM
II .1(.'12
II IN CUSTODY
LEONN RABANAL
DINO RABANAL
CQNPlAlNT FOR t<<lDIrICATION or CUlTOPY
1. The plaintiff is Leeann S. Rabanal who resides at
120 Erford Road, Camp Hill, Cumberland County, Pennsylvania,
17011.
2. Defendant is Dino Rabanal who resides at 50 Seavers
Road, Newville, Cumberland County, Pennsylvania, 17241.
3. On December 4, 1995 a court order was entered
pursuant to an agreement of the parties at a custody
conciliation conference, a copy of which is attached hereto.
4. Plaintiff mother has primary physical custody of
the children, Michael, age 7 and Ethan, age 4.
5. Defendant father is a citizen of Chile and his
family is in Chile.
6. Plaintiff mother has reason to believe that the
father plans to take the children to Chile in the near
future.
7. In the event the defendant father removes the
children from the Commonwealth of Pennsylvania she would be
deprived of custody and not have resources to go to Chile to
obtain the return of the children.
WHEREFORE, plaintiff requests that defendant father I
1) be ordered not to take the children out of the
Commonwealthl
2) that the partial custody order be termintated
pendinq compliance with the postinq of a bondl
3) be required to post a bond and/or other
documents to insure he will not depart the country with the
children and such other relief as is necessary to assure
plaintiff mother that the children will not be removed from
the United states.
Respectfully SUbmitted,
/--_.c)-d;'",U<' 'i) L2(Jf2~
( ~nces H. Del Duca
-~~ttorney for Plaintiff
I verify that the statements made in thia affidavit are
true and correct. I understand that false statements herein
are made subject to the penalties of 10 Pa.e.s. Sec. 4904
relatin9 to unsworn falsification to authorities.
L~/aJ'
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Datedl
lIavo cuaLwy or Lila elllluron on ~loLller's llay in every year.
e.. 1>.1cll pm'Ly 011011 notHy Lila oLlloL" JlIlllouiaLely of IIlQc.licol
clIlCryoncioll whleh orlao whilo LIla Chllc.lL'en ore in Lhat
lJarenL'D CIlL'O.
."
'1'lIe MoLhor shill! cooporoLo
Infutllllltion 11P.1:Lllinlny Lo Lho
special lIctivJtlos anu evenLs,
in providing to the Father
c.:hl1dron's school scheuules and
u, Nolther party nhall uo anythiny which lIIay estrange the
c.:hl1uron Crolll Lho oLhoL" 1"L"Ont, or injuro Lhe opinion of the
eh I hken IIn (;u the otheL" 1'1ront OL" which lIIay hllJ11per the free
nlll] nllturnl develOl~lIent of the c.:hihll:on's love or respect for
the other paront.
9. Each party shnll provide prompt notice to the other party of
ony intention La relocote outside of CUlllberland County, If
either party's rolocotion would significontly interfere with
Lhe cuatwy scheuule set CorLh in Lhis Order, the relocation
nlmB not toko ploco until IIKXlHiou custcxly arrangements have
beon ostnbllshnu by Byreclllent of the parties or Court Order,
.10, '1'IIis Order ie onterou pUL'suant to nn agL"eellll!nt of the part:ies
lit 0 Custody Conciliation Conference. '111e parties may modiCy
tho torll~q or thin Ot'deL" by lIIutuol oyreelllent. In the absence
oC lIIutual O\lL'eOlllent, tho pL"Ovisions of this Order shall
control.
Dy tho Court,
~,4qa.~l:l" . 7)3.~...P...
JuUgo r~au D, D~
CCl Michael ^. Scherer, Esquire
FL'oncos II. Dol Duca, Esquire
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II
II
II
II
II
IN THE COURT or COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
NO. IllS-MIl CIVIL TERM
SS""
IN CUSTODY
LlIANN RABANAL
DINO RABANAL
ORDER OF COURT
AND NOW, this ~(~day 061'~""')l"r 1996, upon
consideration of the attached complaint, it is hereby
directed that the parties 4nd their respective counsel
appear before H~"'\..-rt f-.b'\('~r ('>4,. the conciliator, at 14t~rtcc,~,....(t~iI-
on the ~,~t-day of 6ri~vIY. , 1996, at 'i?:~~?;9, .m., for a o. \
Pre-Hearinq custody Conference. At such conference, an
effort will be made to resolve the issues in disputel 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~/t .;&f'd".sc
usto y Concil ator' ~"I
The Court of Common Pleas of Cumberland county is
required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible
facilities and reasonable accomodations available to
disabled individuals having business before the court,
please contact our office. All arrangements must be made at
least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR 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, 4TH FLOOR
CARLISLE, PA 17013
717-240-6200
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v.
II IN THE COURT or COMMON PLEAS or
II CUMBERLAND COUNTY, PENNSYLVANIA
I: NO. 95 3838 CIVIL TERM
: : S'~I
: : IN CUSTODY
LEEANN RABANAL
DINO RABANAL
COMPlAINT FOR K>DIFICATION OF CUSTODY
1. The plaintiff is Leeann S. Rabanal who resides at
49-B Holly Drive, Reading, Pennsylvania, 19606.
2. Defendant is Dino Rabanal who resides at 50 Seavers
Road, Newville, Cumberland County, Pennsylvania, 17241.
3. On December 4, 1995 a court order was entered
pursuant to an agreement of the parties at a custody
conciliation conference, a copy of which is attached hereto.
4. On July 29, 1996, a court order was entered
ratifying the December 4, 1995 order and also provided that
the father was not to remove the children from the United
States without written consent or a court order.
5. Plaintiff mother has primary physical custody of
the children, Michael, age 7 and Ethan, age 4.
6. Mother's employer transferred her from Camp Hill to
Reading where she now resides with the children.
7. Plaintiff mother has requested that father return
the children to her after weekend visitation on Sunday
evening rather than Monday morning as provided in the order
of December 4, 1995 because the oldest child, Michael, is
enrolled in school.
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 10 Pa.C.S. Sec. 4904
relatinq to unsworn falsification to authorities.
Dated: 9,,~"f'
Lri 4~
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1,1':I':/l1li'1 1l/lIl/lI~/lI"
l'lullll.lll,
m '!'IIB l.\lUlI'!' Ol' ~ PLtAS 01P
c.;UNIIWIL/lUIJ 1.'UJN'!'k', 1'1!:NNllk'LVANI/l
VI).
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CIVIL hCf!ON - LAW
CUS'!OOk'
NO. Y5-3G3"
CIVlL '!'WIH
IJJllO IlAUl\NhL,
UurUlIlIOIIL
OOUIt'!' UU""t
hIm tUi, Llll/1 Lf cJuy or )).fcll',~c!'t-V
Cllllll.lduLlILlulI 01: Lllo llLLlldmll 1.'01lLudy l.'ullu!lluLlulI lIovorl:,
ordered ollll llirouLotl OB rullul/OI
, 1995, UPOII
il: i. here1.>y
I. '.1'110 NUUI!!L', 1,"001111 B. 1I11lJollol, olltl Lhe ral:her, 01110 II.
lIill"I/IIII, /llIlIll hllve nlulI:ell ll'!\lul ulIatotly uf Michael l/oOOIlD1/'
".1111 1101:1111#'['1." !" J!/11I1, 111111 1<:1:1111/1 llu1JllII01, IJom lJecellluer 20,
IWI.
;!. 'I'ho 1'llILhul: 1.11111.11, lIuvo pduk1t'y phyoical cuel:otly of I:he
ClllltlL'IlIl.
:1. '111(1 Io'tllllol: nlmU lIovu "1':1:101 pllyoicol cuetotly of I:he ChiltlL'en
011 1\ 1IP1:IIULlII':, \lPOl;olltlo CI.'UII 1;'l.'1tluV L11: 4130 p.lII. until HontlllY
III: !lllKI 11,111. 1U11l UIIU lIvelllll':! dudll';l tho week CollowillY I:he
1/001;","1 Um Clt! hh,UII UL'l' lIul: 111 1110 cusl:c.xly III: 0 time mutually
''''10'''' III"'" I,y tllo 1'1L't!tW, '1'110 I"otller 011011 pick up the
<<:1I11t1[,('1I tit III III L'olU1."1I LllolIl I:u tllelr cllUtlcare provider's
10ultll!IIl~U \1111"/1/1 ul:llul:wloo ovL'outl, "1X'1I uy Lhe parties. '.1.118
1"ul.lluL"u III tt!l.lIul:1l1V \luol',lIl1tl mlotutly llclletlule ollall l.Jeyin 011
NuvlmuuL' ;14, HI!J!i.
'I, I'~\(:h pl1L'ly ohnl.L huvo U ullO weak vouotioll wil:h the Children,
\llIldl /lho11 illc1ul111 tWU WOOllOIIl111, '1'lIu Plldies sholl \live each
ul.hol' I.hlrty (:lu) ll1lYu lIutlco nil Lo whon I:hey wish 1:0 toke
1I1UlL- V1lcotlull.
!i. '1'I1n IMlI,llwl ullll11 uhuL'o t:uutuuy uC Lho ChUuron un hul1uoys os
luJluWlJ1
^, 'J'llll FIIUmL' OllilJ! IIHVO clIutotly uf. I:lle ChUdren in evell
1IIIIId"'11'I1 \'I'ill/1 1111 'J'III\lllw\l!vlll\l, t1o/llorlal lJay ontl Lobor Day.
'I'll.. I"nl.lll'l: /1111111 IIlIVll CII/1l.utly ur UIO CIIUtlL'ell in otltl nWllueroll
\'1'111,/1 "" 1:lwl/lI.IIV,1I1 ""y, I':IHI!:"'.', 1I1ll] .JlIly II. '1110 Flltllor sllllll
IIl'VII '~III1I,lId'l' III' 1.1111 Clllldl'<m 011 1"lItlloL"o !Juy in every year.
II. Till' foIul.hOI.' ullnH Imvu cuuLutly or tile Cllildren in utltl
1I\llllo/1l1'II ~'lIlIr/1 UII 'l'IIIlIlI;II\/lvJII<j, Ne/lludo1 lJay anu Laoor Uuy.
'1'1111 ',I"IIIf'1' 11111111 IIiIVl] ('II1II.L~ly ur. Lhe ChlluL'on ill oven IIUllUOL'OU
)",""1,/1 "'I CIII:11I1.1l1i11l 11"\,, 1,;uuLUI.', nllll July 4. 'l'ho tlutlloL' Ilhall
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LEANN RA8ANAL
I I IN THE COURT OF COHMON PLEAS OF
II CUMBERLAND COUNTY, PENNSYLVANIA
II NO. 95-5504 CIVIL TERM
v.
DINO RA8ANAL
..
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: I
AFFIDAVIT OF SERVICE
STATE OF PENNSYLVANIA II
SS
COUNTY OF CUMBERLAND : I
FRANCES H. DEL DUCA, attorney for plaintiff, being duly
aworn according to law, deposes and says that she is an
attorney having her office at Ten West High Street,
Carlisle, Pennsylvania, and that she is admitted to practice
in.'the courts of Cumberland CountYI that she served a copy
of Rule to Show Cau/le by mailing same Certified Hail on
Decelllber 30, 1996 and that said docUltlent was received by
plaintiff on January 13, 1997, as evidenced by return
receipt card No. P19B566063 attached hereto.
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,IN 'lHB COUR'l or COIUION PLUS or
,CUllURLAND COUN'lr, PBNNsrLVANIA
,
,CIVIL AC'lION - LA"
,
,NO' 95 - 5504
'IN CUS'l'ODY
UIIANH IIAMNAL,
P1dntitt
V
DlNO RAIlANAL,
Detendant
Prior Judg., Bdgar B. Bayley
alrCnUrlClf ~._CIl BDl.lIRr RIIPORI'
-
IN ACCOIfDAIICB "lI'B 'lBB CUIIBBRLAND COUB'lr CIVIL RULB or PROC.DUU
UJ5.J-'tb), the undereigned Cu.tody Conoi1.tator .um.it. the
tollowing report'
J. I'he pertinent intortlation pertaining to the ohildren vho are
the .ubieot ot thi. litigation i. a. tollow.,
IIioh..1 Rabanal, born Deolllber 5, UIB and .than Rabanal, born
Deo.-ber lO, JJ9J.
l. A Conoil.1aUon Conterenoe va. held on January 24, U'7, vith
the following individual. in attendanoe, I'ranoe. B. Del Duoa,
..quire, vho repre.ented the IIother, Leeann Rabanel, and
IIioha.l A. Soherer, ..quire, who repre.ented the rather, Dino
"abanal.
J. I'he "artie. agreed to the entry ot an Order in the tOrtl a.
attaohed.
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LEANN S. RABANAL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95 - 5504 CIVIL
DINO RABANAL,
Defendant
IN DIVORCE
TO: Charles Rector
Attorney for Plaintiff
Dino Rabanal Defendant
DATE I Thursday, July 6, 2000
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(bl Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Plelltlll'. OIly OUI.I.ldll. reque.l m.y be ror .1 apprll..1 01 lbe m.r1t.1 home
uales. nereld.11 provides ODe whleh ..tl.O" PlllltlfI'llI the le.r rulure,
1 / N/lY'
, DATE
(-r
( )
NOTE I
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION,
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
CCI Michael A. Scherer, Esquire
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LEEANN S, RABANAL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
DINO RABANAL
Oefendlnt
,
: NO. 95-5504
,
: CIVIL ACTION. LAW
: IN DIVORCE
IIOnoN FOR APPOINRlENTOF II~SrER
Miry Ellen Hlwthom, Plllntl", movel the Court to appoint a Malter with relpect
to the following clllml
( X ) Dlltributlon of Property
( ) Support
( X ) Counsel Fees
( X ) Colli and Expenles
( X ) Divorce
( ) Annulment
( X ) Alimony
( ) Alimony Pendente L1ta
Ind In IUpport of the motion slBtal:
1. Dlacovery II complete al to the c1alml for which the appointment of a ,
malltr II requelted,
2. The Defendant hll appeared In the action by hll aUorney Michael A,
Schtrer, Esquire.
3, The IlBtutory ground for divorce II 3301(c), or In the alternative, 3301(d).
4. The action II contelted wtth relpect to all the above claims,
5, The action doel not Involve complex l88ues of law or fact.
6. The hearing II expected to IBke one day.
7. There Is no addltlonallnfonnallon relavant to this motion.
i.ltw;(J<J/nw ~
Charlel Rector, Elqulre
Attomey for Plaintiff
QllDER APPOINnNO MASrER .
AND NOW, (1..,,<<.. 2B ,2000, t.' ~ ~
Esquire Is appolntecTMt.ler with relpect to the following claims: ~
Date:~
J.
LEEANN S. RABANAL
v.
II IN THE COURT OF COMMON PLEAS OF
II CUMBERLAND COUN'!!, PENNSYLVANIA
II NO. 95- 5.JO., CIVIL TERN
II
I I IN CUSTODY
DINO H. RABANAL
ORDIR or COURT
AND NOW, thi8 \6'tkday of ()c~,,1Jt'~1995, upon
consideration of the attached oomplaint, it i. hereby
directed that th~parties and the}r respeotive counsel
appear Wf~re 1I~"""1) S' ~""'rl~" t~r, the conciUator, at rgel
on the r day of f\lotlttnlf' 1995, at / f I .m., for a
Pre-Hearinq Custody Conference. At suoh conference, an
effort will be made to resolve the iSBues in dispute, or if
this oannot be accomplished, to define and narrow the issue.
to be heard by the court, and to enter into a temporary
order. All ohildren age five or older may also be present
at the oonference. Failure to appear at the oonference may
provide grounds for entry of a temporary or permanent order.
W,M~i"st. .
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By
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The Court of Common Pleas of Cumberland County is
required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible
facilities and readonable accomodations available to
disabled individuals having business before the court,
please contact our Office. All arrangement. must be made at
lea.t 72 hours prior to any hearing or buaines. bedore the
court. You must attend the Bcheduled conference or hearing.
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, 4TH FLOOR
CARLISLE, PA 17013
717-240-6200
LEEANN S. RABANAL
v.
I I IN THE COURT OF COMMON PLEAS OF
II CUMBERLAND COUNTY, PENNSYLVANIA
II NO. 95- CIVIL TERM
II
II IN CUSTODY
DINO H. RABANAL
COMPLaINT I'OR CUSTODY
1. Ths plaintiff is Leeann S. Rabanal who resides at
120 Erford Road, Camp Hill, Cumberland County, Pennsylvania,
17055.
2. Defendant is Dino H. Rabanal who resideB at 50
Seavers Road, Newville, Cumberland County, Pennsylvania,
17241.
3. Plaintiff seeks custody of the following childrenl
Michael Rabanal born 12/5/88
Ethan Rabanal born 12/20/91
The children were born of the marriage of the
partie. .
The children are presently in the custody of
Leeann S. Rabanal.
since January 1989, the children have resided with
both parents at 50 Seavers Road, Newville, Pennsylvania.
since July 4, 1995, the children have lived with mother in
Camp Hill, Pennsylvania.
The mother of the ohildren is Leeann B. Rabanal.
The father of the children is Dino H. Rabanal.
4. Plaintiff has not participated as a party or
witness, or in another capaoity, in other litigation
concerning the custody of the children in this or another
oourt.
Plaintiff has no information of a cuatody
proceeding concerning the children pending in a court of
this commonwealth.
Plaintiff does not know of a person not a party to
the proceedings who hae physioal custody of the children or
clai.s to have custody or visitation rights with respect to
the children.
5. The best interest and permanent welfare of the
children will be served by granting the relief requested
because the children should have a close and continuing
relationship with both parents and plaintiff has been the
pri.ary caretaker of the children.
6. Each parent whos. parental righta to the children
have not terminated and the person who has physical custody
of the children have been named as partiea to this action.
WHEREFORE, plaintiff requests the court to grant
primary and or shared oustody of the children.
,/-) J/dld
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,Ftllnces H. Del Duca
, Attorney for plaintiff
VS.
: IN THE COURT OF C<l'IMOO PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
{1~J
NO. 95 CIVIL TERM
LEEANN RABANAL,
plaintiff
.
.
CIVIL ACTIOO - LAW
: CUSTODY
DINe RABANAL,
Defendant
aJlR1' <IUlI!R
MID tof, this 'i day of U)~_
consideration of the attached Custody Conciliation Report,
ordered and directed as follows I
, 1995, upon
it is hereby
1. The Mother, Leeann S. Rabanal, and the Father, Dino H.
Rabanal, shall have shared legal custody of Michael Rabanal,
born Decel!iJer 5, 1988, and Ethan Rabanal, born Deceniler 20,
1991.
2. The Mother shall have primary physical custody of the
Children.
3. The Father shall have partial physical custody of the children
on alternating weekends from Friday at 4130 p.m. until Monday
at 9100 a.m. and one evening during the week following the
weekend the Children are not in his custody at a time mutually
agreed upon by the partiea. The Father shall pick up the
Children at and return them to their childcare provider's
residence unless otherwise agreed upon by the parties, The
Father's alternating weekend custody schedule shall begin on
Noveniler 24, 1995.
4. Each party shall have a one week vacation with the Children,
which shall include two weekends. The partiea shall give each
other thirty (30) days notice as to when they wish to take
their vacation.
5. The parties shall share custody of the Children on holidays as
followal
A. The Father shall have custody of the Children in even
nunbered years on Thankll9iving, Memorial Day and Labor Day.
The Father shall have custody of the children in odd nunbered
years on Christmas Day, Easter, and July 4. The Father shall
have custody of the Children on Father's Day in every year,
B. The Mother shall have custody of the children in odd
nul!iJered years on 'rhanksgiving, Memorial Day and Labor Day.
The Mother shall have custody of the Children in even numbered
years on Christmas Day, Easter, and July 4. The Mother shall
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LEEAtfi RABANAL,
Plaintiff
I IN THE COURT OF ~ PLEAS OF
I ctJIIlERLAND CXXlN'l'Y, PENNSYLVANIA
: NO. 95--jJff/ CIVIL TERM
I CIVIL ACTION - LAW
I CUS'roOY
ve.
DINO RABANAL,
Defendant
PRIOR JUDGEl Edgar B. Bayley
CUS'roDY CONCILIATIOO SlJ!tlARY ~T
III ~ WI'ftl aJ""-u.JIII) CXUftY lU.8 m' CIVIL ..........
1915.3-8, the undersigned Custody Conciliator submits the following reportl
1. The pertinent information pertaining to the Children who are the
subjects of thil litigation is aB followSl
~
Hichael Rabanal
Ethan Rabanel
8IRTHDATE
December 5, 1988
December 20, 1991
CURRENrLY IN CUS'roOY OF
Mother/Plaintiff
Mother/Plaintiff
2. A Conciliation Conference was held on November 21, 1995, with the
following individuall in attendance I The Mother, LlI8IIM S. Rabanel, with
her counael, Frances H. DelDuca, Eaquire, and the Father, Dino H. Rablnel,
with his counnl, Michael Scherer, Esquire. This Court blued an Order in
Protection From Abuae proceedings between the parties on November 6, 1995.
The CUatody provisions of that Order provided for shared legal cuatody of
the 0'l11dren and primary physical custody with the Mother. The Court allO
outlined a partial physical cUltody schedule for the Father. The Order was
bued on a Conaent Agreenent between the parties.
3. At the Conciliation Conference, the parties basically agreed to
continuation of moat of the custody provisions in the Court Order and allO
were able to agree on holiday custody arrangements.
4. The parties agree to entry of an Order in the form aB attached.
/'
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Date
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r...-...-..-....--.l!"-.... .... ...... ....------..--~
. IN THE COURT OF COMMON PLEAS .
i OF CUMBERLAND COUNTY ~
M STATE OF '* PENNA. I
" I
. "
" II ·
! ..'.L'LL..'.,... I, No. ...,,,,5504,,,,.,,,,,,,, 19 95 _
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. DinoRlblnal if .
; I
; DECREE IN I
. DIVORCE :
I AND NOW, .... S9t~... I.l...". ,xtfi~ It I. ordered and I'
, decreed that... ..Lee.ann. s. ,Rahanal,...,.,........,........, plaintiff,
;_ and.,."..." .nino .Rlbanal....." , ,., . .. ..., ,. ,........, ... defendant, ~
are divorced from the bonds of matrimony. -.
, .
. The court retains jurisdiction of the following claims which have .;
_ b..n ral..d of record In this action for which a final order has not yet :
~ b.en entered i .
~ , . .The. r.ellt.ed. cLaims. ,of. equi ta,ble. dhtd,but!.on, , a.limony, . c.oullBel .
. fees Ind expenses ~re herebytspecifically pres ed until ~
. . . 'Una'l' 'Idj'lldica'tion' 'of' the' eC'onom~:,ca:d ;
. '
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LEEANN S, RABANAL,
PetltlonerlPlaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 9S-SS04
: CIVIL ACTION - LAW
: IN DIVORCE
V,
DlNO RABANAL
RespondenVDefendant
ORDER
AND NOW, this J,.~ day of August, 2000, upon agreement of the Plaintiff,
Leeann S, Rabanal, by and through her allomey, Charles Rector, Esquire, and Defendant,
Dino Rabanal, by and through his allomey, Michael Scherer, Esquire, it is hereby
ORDERED and DECREED that:
I. The divorce action is bifurcated from the pending ancillary economic claims.
2. The Court retains jurisdiction of any pending economic claims raised by either
party,
3. The parties are enjoined from encumbering, dissipating, selling, or othetWise
alienating any and all marital assets.
4. Each party hereby waives, on behalf of his or her estate, the provisions of the
Pennsylvania Dead Man's Act (42 Pa.C.S,A. fi S930) in the event of his or her
Intervening death,
S, This Court retains jurisdiction to enforce the provisions of this bifurcation
order,
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6.. The parties me separate tax retUrns.
7. Both parties are in good health and there islllllellkelihood of a shortened lifespan.
8. The parties have their own separate health Insurance coverage.
9. Based upon the economic status of the parties,there is no likelihood that either willllle
for bankruptcy.
10. Neither party's property rights would be affecled in any way by a hifurcation of the
divorce from the pending economic issues.
II. The parties have maintained an economic status quo during the separation that
Petitioner has no intention of disturbing,
12. Bifurcation would not disturb that economic slalus quo.
13. Petitioner intends to remarry as soon as possible.
14. Petitioner agrees to waive the Deadman's Rule.
IS. Petitioner believes and avers that the advantages of bifurcation oflhls divorce action
are substantially greater than the disadvantages for the following reasons:
(i) A speedy resolution oflhe divorce issue would allow the parties to restructurc
their personal lives.
(Ii) Bifurcation will accelerate the dissolution oflhe partics' marriagc.
(i1i) Bifurcation will further the policy behh:d Pennsylvania's Divorce Code in
making the legal dissolution of marriage effective for dealing with Ihe rcality ofmalrimonial
experience by taking Into primary consideration the welfare ofthe family rather than the
vindication ofprivale rights. 23 Pa. C.S.A. ~ 31 02(a).
CERTIFICATE OF SERVICE
I, Charles Rector, Esquire, do hereby certifY that on the -1.!-day of ~,
2000, I caused a true and correct copy of the within Petition for Bifurcation to be served upon the
following counsel of record by depositing same in first class, United States mail, postage paid, in
Camp Hill, Pennsylvania:
Mlcheel A. Schere" Esquire
O'Brien, Baric II Schere,
17 W. South Street
Carllale, PA 170t3
Date:
1/0/,.
LEEANN S. RABANAL
II
II
II
II
II
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 5504- CIVIL TERM
IN DIVORCE
v.
DINO H. RABANAL
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims set forth in the following pages, you
must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of
divorce or annulment may be entered against you for any
other claim or relief requested in these papers by the
plaintiff. You may loDe money or property or other rights
important to you, inclUding custody or visitation of your
children.
When the ground for the divoroe is indignities or
irretrievable breakdown of the marriage, you may request
marriage oounseling. 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
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
COURT ADMINISTRATOR
cumberland county courthouse
Fourth Floor
carlisle, Pennsylvania, 17013
Telephone I 717-240-6200
.,') ~' ,"
,/r//.:/U'" . /:lld",.:--
Frances H. Del Duca
10 West High st.
carlisle, PA 17013
v.
II IN THE COURT OF COMMON PLEAS OF
II CUMBERLAND COUNTY, PENNSYLVANIA
II NO. 95- CIVIL TERM
II
II IN DIVORCE
LEEANN S. RABANAL
DINO H. RABANAL
COMPLAINT UNDIR SICTION 33011CI or THI DIVORC. COD.
COUNT I - DIVORC.
1. Plaintiff is Leeann S. Rabanal who resides at 120
Erford Road, camp Hill, cumberland county, Pennsylvania,
17011.
2. Defendant is Dino H. Rabanal who resides at 50
Seavers Road, Newville, cumberland county, Pennsylvania,
17241.
J. Plaintiff and defendant have been bona fide
re.idents in the Commonwealth for at least six (6) months
immediately previous to the filing of this complaint.
4. The plaintiff and defendant were married May 5,
1988 in New Bloomfield, Perry county, Pennsylvania.
5. There have been no prior aotions of divorce or for
annulment between the parties.
6. Plaintiff avers that the grounds on which the
action is based is that the marriage ie irretrievably broken
and that defendant has offered such indignities to the
person of the plaintiff, the injured and innocent spouse as
to render her condition intolerable and life burdensome.
COUNT II - 10UITABLI DISTRIBUTION or MARITAL PROPIRTY
7. Plaintiff and defendant are the joint owners as
tenants by the entireties of various items of personal
property, furniture and household furnishings acquire during
II IN THE COURT or COMMON PLEAS or
II CUMBERLAND COUNTY, PENNSYLVANIA
II NO. 95- <; ~ ("I CIVIL TERM
II
II IN DIVORCE
LlBANN S. RAIlANAL
v.
DINO H. RABANAL
acc.PraMC. o. ...Vlel
AND NOW, this J " (l. day of
&J.w
, 1995, I
hereby acknowlodge oervice of comp16il\t in Dhorce to the
above term and number and Notioe to Defend filed by the
plaintiff on Ootober 13, 1995.
SUBSCRIBED and sworn to before
Q t..*I
ma thb /, day of October,
~~r-~
Notar publ 0
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LEEANN S. ~ANAL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95.5504
: CIVIL ACTION - LAW
: IN DIVORCE
V.
DINO H. RABANAL
Detendant
AFFIDAVIT OF CONIENT
I;
1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was filed
on October 13, 1995.
2. The marriage of Plalnllff and Defendant Is Irretrievably broken and ninety
days have elapsed from the date of filing snd ..rvlce of the Complaint.
3. I connnt to the entry of a final decree In divorce after service of nollce of
Inlentlon to request entry of the decree.
WAIVER OF NOnCE OF INTENnON TO DQUEIT ENTRY
OF A DIVORCE DECIU!E UNDERIECnON 33C11(c) OF THE DIVDRCE CODE
1. I consent to the entry of s final decree of divorce without notice.
2. I understsnd that I may lose rights concerning alimony, division of
property, lawyer's tees or expenses If I do not claim them before a divorce Is granted.
3. I understand that I will not be divorced until a divorce decree Is entered
by the Court and that a copy of the decree will be sent to me Immediately after It Is flied
with the Prothonotary.
I verify that the statements made herein are true and correct. I understand that
talse statements herein are made subJect 10 the penallles of 18 Pa.C.S. Section 4904.
relating to unsworn falslficallon tozuth.oyes...
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Leeann B. Rabanal
Date: '1\n \t()
i
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.
V.
DINO H. RABANAL
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95-5504
: CIVIL ACTION - LAW
: IN DIVORCE
LEEANN S. RABANAL,
Plaintiff
AFFtDAVIT OF CONSENT
1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was tiled
on October 13,1995.
2. The marriage of Plaintiff and Detendant Is Irretrievably broken and ninety
days have elapsed from the date of tiling and service of the Complaint.
3. I consent to the entry of a tlnal decree In divorce after service of notice of
Intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 33D1(1l) OF THE DIVORCE CODE
1. I consent to the entry of a tlnal decree of divorce without notice.
2. I understand that I may lose rights concemlng alimony, division of
property. lawyer's faes Qr el(panse!llf I no not r.llIlm ttlam before a dlvorr.e Is granted.
3. I understand that I will not be divorced untIl a divorce decree Is entered
by the Court and that a copy of the decree will be sent to me Immediately after Ills tiled
with the Prothonotary.
I verity that the statements made herein are true and correct. I understand that
false statements herein are made subJect to the panallles of 18 Pa.C.S. Section 4904,
relating to unsworn falsltlcetlon to authorlllea.
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V.
DINO RABANAl
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
: NO. 95-5504
: CIVIL ACTION . LAW
: IN DIVORCE
PIIA.~CI~ TO ENTER ~~.~NtS
Plea.. enter my appeerence on behalf of the Plalnllff, L..enn S. Reblnal,
In the above-caplloned mailer.
Dale:
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RESPECTFULLY SU
. Rector, E I
1104 FemWOOd Avenue, Ie. 203
CampHlII,PA 17011-8912
(717) 781-8101
II IN THE COURT OF COMMON PLEAS OF
I I CUMBERLAND COUNTY, PENNSYLVANIA
tl NO. 95-5504 CIVIL TERM
II
II
. .
LlEANN RABANAL
v.
DINO RABANAL
QRDIIt 0' COURT
AND NON, this If day of February, 1997, the Rule is
..d. ablolute and leave is Qranted to Frances H. Del Duca to
withdraw h.r appearance for Leeann Rabanal in the above
action.
J.
I
Of J~TAAY
97 FEB 13 AH lit 02
CUMSERLAAD COUNTY
PENf.JS'ltVANV\
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Law ODlces
O""EN, .Alle. SCHEItEIt
17 Wesl Soulh Slreet
Carlisle. Pennsylvania 17013
lIobtrl L. O'Brien
Dtwld A. Baric
Mlcha,1 A. Scherer
(717) 249.687J
Fax (717) 249.'7JJ
';.IIIa/1: o/n@obslaw.coIII
,Itrect: IIIscherer@o/nlaw.coIII
MlY 18, 2001
E. Robert Elicker, II, Esquire
Divorce Mister
9 North Hlnover Street
Clrllste, Pennlylvlnla 17013
RE: Blbanll v. Rabanll
No. 95-5504 Civil Term
In Divorce
Dear Mr. Elicker:
The Rlbanlls hIve relolved the ownership of the marital relldence. Dlno
Rablnl' refinlnced the mlritll residence In hi. name Ilone Ind mlde I calh payment
to L..ann Rlbanal for her equity In the property.
As such, I believe this cale I. relolved Ind see no need for the mister's hearing
which you have set for June 7, 2001 It 9:00 I.m.
'would Ilk Mr. Rector to confirm thl. I' well IS he WIS the petitioning Plrty.
Very truly yours,
O'BRIEN, BARIC & SCHERER
?$
Mlchlel A. Scherer
MASm
co: Charles Rector, Esquire
Dlno Rlblnll
File
mH,dlr/lttt.,./l1IblnI12,ltr
Law OffiCII
O',J/EN. ,,.J/C. SCHEItEIt
17 West South Slretl
Carlisle. Pennry/vonla /7013
Ie." L. O'Brl'n
OIIvld A. Baric
MlcltMl,.. Scherer
(717) 249-687J
FrlX (717) 249-jm
E-mail: obs@obslaw.com
direct: mscherer@obs/aw.com
MlY 31, 2001
E. Robert Elicker, II, Esquire
Divorce Master
9 North Hanover Street
Carlllle, Pennsylvania 17013
RE; ~ab.nal v. Rablnal
No. 95-5504 Civil Term
In Divorce
Dear Mr. Elicker:
Plea.. accept thll letter II my request to hIve you vlcate your Ippolntment In
this matter.
I encloae herewith one orlglnll Mlrltal Settlement Agreement which WIS signed
by the partles on or about November 21, 2000. This Is the only original I hIve.
My client owes Leelnn Rlblnal $83.32 which he has advised me he has paid or
will be paying her loon.
Thank you for your cooperation In this matter.
Very truly YOUnl,
O'BRIEN. BARIC & SCHERER
~4 "^-
Michael A. Scherer
MAS~I
Enc.
ec; Charles Rector, Esq., wlo Ene.
Dino Rabanll, wlo Ene.
File
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IN THE COURT OF COMMON PLEAS OF
CUMBERIJ\ND COUNTY, PENNSYLVANIA
NO. 95-5504 CIVIL TERM
CIVIL ACTION. IJ\W
IN DIVORCE
LEEANN S. RABANAL
Plaintiff
DINO RABANAL,
Defendant
MARITAL SETTLEMENT AGREeMENT
THIS AGREEMENT, made this tl u: day of November, 2000, by and between
Leeann Rabanal, hereinafter referred to aB "Wife", and Dlno Rabanal, hereinafter referred
to as "Husband."
WITNESSETH:
WHEREAS, the parties were Husband and Wife, who were married on May 5, 1988,
and separated on July 4, 1995; and,
WHEREAS, wife InBtituted divorce proceedings In the Court of Common Pleas of
Cumberland County In an action docketed to 95-5504, which action requested a divorce
and an equitable division of the marital property; and,
WHEREAS, the divorce action was bifurcated from the economic Issues and the
parties were divorced by the Honorable Edgar B. Bayley of the Court of Common Pleas
on September 12, 2000; and,
WHEREAS, the Divorce Master In Cumberland County has been appointed by the
President Judge of Cumberland County to accept Jurisdiction of thlB case for purpoBeB of
resolving the remaining economic IBBueB which eKIBt between the partieB and further to
enter an Order to equitably divide the partleB' marital property; and,
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WHEREAS, the plrtle8 are de81rou8 of 8ettllng fully and finally their re8pectlve
finlnclll and property rlght8 and obllgatlon8 a8 between each other, Including without
IImltltlon: the ownership and equitable dl8trlbutlon of all property owned by the plrtle8;
and the 8ettllng of all rellted economic claims Including but not limited to 8pou8al8upport,
alimony and alimony pendente lite; and In general the settling of any and all claims or
pOlllble clalm8 of one aglln8t the other or against their re8pective e8tate8; and,
WHEREAS, each party 18 fully familiar with the all of the property owned by the
partlea and each party acknowledge8 having sufficient opportunity to Investigate and
evaluate the property owned by the partle8, and both partle8 now de81re to 8ettle and
determine hl8 and her property rlght8 and claims under the Divorce Code.
NOW. THEREFORE, In con81deratlon of the mutual proml8e8 hereinafter 8et forth
and for other good and valuable con8lderatlon, receipt of which 18 hereby acknowledged
by each of the partle8 hereto, the parties, Intending to be legally bound hereby, do
covenant and agree a8 follow8:
1. tNCORPORA TION BUT NOT MERGER INTO DIVORCE DECREE
Either party may elect to file this Agreement of record In connection with the
pending economic claims arl81ng out of the divorce action and Incorporate thl8 agreement
into the divorce action, In which case this Agreement and all warrantle8 and
repre8entatlon8 contained herein shall survive the Divorce Decree and shall continue to
be enforceable In accordance with Its terms. No Court may change the terms of this
Agreement, and It shall be binding and Inclusive upon the parties. An action may be
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brought at law, In equity or pursuant to the provisions of the Divorce Code to enforce this
Agreement by either Husband or Wife.
2. ADVICE OF COUNSEL
Husband is represented by Michael A. Scherer, Esquire, who Is his separate legll
counsel and he has been advised of his respective rights, privileges, duties and
obligations relative to the parties' property rights and interests under the Divorce Code and
regarding alimony and spousal support. Wife Is represented by Charles Rector, Esquire,
who is her separate legal counsel and she has been advised of her respective rights,
privileges, duties and obligations relative to the parties' property rights and interests under
the Divorce Code and regarding alimony and spousal support. Husband and Wife
acknowledge that each of them has read this Agreement and understands his and her
rights and responSibilities under this Agreement, that he and she have execuled this
Agreement under no compulsion to do so but as a voluntary act, being apprised of Its
consequences.
3. TANGIBLE PERSONAL PROPERTY
The parties have divided between them to their mutual satisfaction all Items of
tlngible personal property which had heretofore been used by them In common and
neither party shall make any claim to such property In the possession of the other. Each
party will execute any and all documents necessary to effectuate the transfer of ownership
of any Items of personal property titled In both names as set forth above.
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4. OTHER PROPERTY DISTRIBUTION PROVISIONS
A. REAL ESTATE The marital residence is located at 60 Seavers Road,
Newville, Pennsylvania. Husband has been residing In this residence since the parties'
leparated. Presently a lien exists against the marital residence which arises from a loan
the parties assumed In Joint names prior to their separation, and a second lien exists which
arllel from child support arrears Husband owes Wife in the approximate amount of Two
thou land Ilx hundred eighty-seven ($2,687.22) Dollars and twenty-two cents.
HUlband shall refinance the loan which is In the parties' Joint names, and the
refinanced loan shall be In Husband's name alone. The lien for child support arrears is
required by the lender to be satisfied at the time of the refinance, which will be
accomplllhed by virtue of the settlement agent sending the Domestic Relations office a
check for the full amount of the child support arrears as of the date of the refinance. The
Domestic Relations office will forward the full arrears to Wife.
HUlband shall become the sole owner of the marital residence and Wife shall,
concurrent with Husband's refinance ofthe loan associated with the marital residence, sign
a Deed transferring all her right, title and Interest to the real estate to Husband. Husband
shall pay Wife the net sum of Twenty-five thousand ($26,000.00) Dollars less the amount
HUlband must pay the Domestic Relations office for child support arrears, which Is
approximately $2,687.22. Wife understands that her net check of approximately Twenty-
two thousand three hundred twelve ($22, 312.78) Dollars will be available to her three
business days after Husband's refinance. Husband will Indemnity and hold wife harmless
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for any and all other liens or charges presently existing or which may exist in the future in
connection with the ownership of the marital residence.
B. WAIVER OF RETIREMENT BENEFITS
Each party hereby waives any right, title or Interest they may have In any pension
or retirement benefits or retirement accounts of any nature which are owned or titled In the
name ofthe other party.
C. INTANGIBLE PERSONAL PROPERTY
The parties have divided between them to their mutual satisfaction all Intangible
personal property conslltlng of cash, bank accounts, annuities, securities, insurance
pollclel and all other such types of property. The parties hereby agree that all such
Intangible property prelently in the possession of or titled In the name of HUlband shall
be hll 101e and separate property, and that in the possession or titled In the name of the
Wife Ihall be her sole and separate property.
Except as herein otherwise provided, each party represents that she and he have
not heretofore Incurred or contracted any debt or liability or obligation for which the other
may be held relponllble or liable. Each party agrees to Indemnify and hold harmless the
other from and against all such debts, liabilities or obligations of any kind which may have
heretofore been incurred between them, except the obligations arising out of this
Agreement.
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I. INDEMNIFICATION
Both parties covenant, warrant, represent and agree that each will now and at all
times hereafter save and keep each other indemnified against all debts, charges, or
liabilities Incurred by the other after the execution of this Agreement, except as may be
otherwise specifically provided for by the terms of this Agreement and neither of them shall
hereafter Incur any liability whatsoever for which the Estate of the other may be liable.
Each party further agrees to Indemnify and save and hold harmless the other from any and
all liabilities he or she may incur upon the obligations of or assumed by the other, which
indemnification as to all provisions of this Agreement shall Include the right to recover out
of pocket expenses and reasonable attorney's fees actually incurred.
I. EQUITABLE AGREEMENT
Both parties agree that the hereinabove set forth Agreement constitutes an
equitable distribution of their marital property and equitable resolution of all other
economic claims pursuant to the provisions of the Divorce Code and each party
Irrevocably waives, releases, and remises any claim to ownership of or Interest In any
property designated as the property of the othor by virtue of the provisions of this
Agreement except as otherwise may be provided pursuant to the provisions of this
Agreement.
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7. MUTUAL RELEASES
HUlband and Wife do hereby mutually releue, remlle, quitclaim and forever
dllcharge the other and the eltate of the other from any and all clalml either party hal
now, ever may have or can at any time have agalnlt the other or the other party's eltate
or any part thereof, whether arising out of formal contracts, engagementl or liabilities of
the other party, arising by way of widower's right or under the Intestate Law, arlllng by any
right to take against the Will of the other party, arlllng out of the Divorce Code, Act No. 26
of 1980, al amended, including, alimony, alimony pendente Ilte, counsel feel and
.llpenl.I, ariling al a right to spousal support or arlllng from anything of any nature
whatloev.r, ellcepting only thole rlghtl accorded to the parties under thll Agreement.
I. BREACH
If either party to thil Agreement resortl to a lawluit or other legal action pursuant
to the provlllonl of the Divorce Code or otherwise to enforce the provillonl of thll
Agreement, the IUccellful party shall be entitled to recover hll or her realonable attorney
feel, actually Incurred, from the other al part of the Judgment entered in such legal action,
whether In law, in equity, pursuant to the provisions of the Divorce Code or otherwise al
the lame shall be determined by the Court.
I. COMPLETE DISCLOSURE
The parties do hereby warrant, represent and declare and do acknowledge and
agree that each is and has been fully and completely Informed of and Is familiar with and
II cognizant of the wealth, real and/or personal property, estate and assets, earnings and
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Income of the other and that each has made a full and complete disclosure to the other of
hi. or her entire a..et. and liabilities and any further enumeration or statement thereof In
thl. Agreement II .peclflcally waived.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties. There are no
covenants, condltlonl, representations or agreements, written or oral, of any nature
whatlOlver, other than those herein contained.
11. MODIFICATION
Thll Agreement Is subject to modification only by a subsequent legal writing signed
by both partie.. It shall be construed according to the laws of the Commonwealth of
Pennsylvania.
12. AGREEMENT BINDING ON HEIRS
This Agreement shall bind and inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
13. CONTRACT INTERPRETATION
For purposes of contract Interpretation and for the pUrpORt! of resolving any
ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared
jointly by their relpectlve counsel.
14. SEVERABILITY AND INDEPENDENT COVENANTS
The parties agree that each separate obligation contained In this Agreement shall
be deemed to be a separate and Independent covenant and agreement. If any term,
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LBBANN RABANAL
nka LBBANN MILKE,
Plaintiff
V.
DINA RABANAL
Dofendlnt
: IN THE COURT OF COMMON PLES
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95.5504 CIVIL TERM
.
,
: CIVIL ACTION - LAW
: IN CUSTODY
AND NOW, comes the Plaintiff, Leeann Milke, by and throup her attorney,
Charles Rector,l!Iqulre, and respectfully flies the Preliminary ObJectlona u followl:
I. Your Honorable Court Is an lnapproprilte venue In which to IItlpte the
lnatant custody proceedlna lnumuch u the minor child, Ethan Rabanll (DOB 12120191)
hu resided outside of Cumberland County,ln the County ofBerb, with his mother, from
lanllll)' 28, 1997, throup lanllll)' 19, 2004, It which time the minor child went to live
with his tither In Cumberland County on a trill buls only.
2. The Court of Common Pleu of Cumberland County Is an Improper venue
In whleh to Iitlalte eUltody, having been the temporary residence only of the minor ehlld
for approximately two (2) months.
~
I, Chari. Rector. Esquire, do hereby certifY that on the I day of April,
2004,1 caused a true and correct copy of the within Preliminary Objections to be served
upon tho folIowina counsel of record by depos1tlllJ lIltle In first clw, United Statea mall,
poatqe paid, In Camp Hili, Pennsylvania:
Michael A. Scherer, Esquire
O'Brien, Baric .t Scherer
19 W. South Street
Carllale, PA 17013
By:
Charles Reclor, Esquire
1104 Fomwood Avenue, SIo. 203
Camp Hili, PA 17011-6912
(717) 761-8101
Date:~
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LEEANN MILKE
PLAINTIFF
V.
DINO RABANAL,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
: 95.5504 CIVil TERM
~
AND NOW, this _,~ day of October, 2004, following a hearing on
the merltB, IT II ORDERED:
(1) All prior custody orders with respect to provisions therein regarding Ethan
Rlbsnll, born December 20, 1991, are vacated.
(2) leBAnn Milke and Dlno Rabanal shall have shared legal cUltody of Ethln
Rlbsnal.
(3) Effective noon, Saturday, October 9, 2004, the mother Ihlll hive prlmlry
phyaical cultody of Ethan dUring the school year, with the father hiving temporary
phyalcal cUltody:
(a) Effective Friday, October 22, 2004, on altemate weekend I from FrldlY
after Ichool until Sunday evening, or Monday evening if Monday II a achool
holiday,
(b) From noon December 27111 until noon on January 1".
(4) During the lummer Ichool vacatIon period, Ethan shallapend two weeka
with hll father, then one week wilh his mother, on thIs alternating balls until the next
Ichool year begins.
(5) Transfers shall be by agreement of the parents.
<)
,..c$.rttl Rector, Elqulre
For Pl.lnt",
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,..MICh.el Scherer, Elqulre
For Defend.nt
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Edgar B. Bayley, J.
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UEANN RABANAI.,
N/kI. I.EEANN MlI.KE
IN TilE COURT 01<' COMMON PUAS OF
CUMBERI.AND COUNTY, PENNSVI.V ANIA
CIVIl. ACTION. I.A W
v
D1NA RABANAI.,
Defendant
NO. 9!1. !I!I04
IN CUSTODY
COURT ORDER
AND NOW, this ~~iJ. day of ~, 2004, upon consideration of the
attached Custody ConcDlatlon report, It Is ordered and directed that this Courts prior orden
of December 4, 199!1 and March 31, 2004 arc vacated and replaced with the foUowinl
temporary custody orderl
I. The mother, Leeann Milke, and the father, Dlna Rabanal, shaD enjoy shared
lepl custody of Ethan Rahanal, born December 20, 1991.
2. For the remainder of the school year, the father shaD el\loy primary physical
custody of the minor child and the child shall attend school In the BII Sprlna
School District. Durinl that time, mother shaU have temporary custody of the
minor child on alternatlna weekends punuant to a schedule arranaed between
the parties. Additionally, mother shall have liberal telephone contact with the
minor child.
3. Upon the conclusion of srhoolln June of 2004 and assuminl the child does not
have to attend summer school, the mother shall have custody of the minor
child for the ftnt two weeks of the summer. The remainder of the summer
shall be shared equaUy \l'lth the parties alternating custody on a week on/week
oil basis.
4. The conciliator shall conduct a telephone conference with the attorneys for the
parties on AUlust !I, 1004 at 8130 a.m.
!I. In the event the child Is required to attend summer school and the parties are
unuble to rellch anllgrl'ClIlent bet\l'l't!n thelllSelVl'5 relutlve to how custody \1'11I