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HomeMy WebLinkAbout07-0874Holly L. Ruby, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Stevie E. Rowe, Jr., No. O'j - ply CIVIL Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Holly L. Ruby, residing at 1901 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Stevie E. Rowe, Jr., residing at RR2 Route 233, Box 204, Landisburg, Perry County, Pennsylvania 17040. 3. Plaintiff seeks primary custody of the following child: Name Present Residence DOB Age Mylee S. Rowe 1901 Reservoir Drive 11-15-06 3 Months Carlisle, Pa 17013 The child was born out of wedlock 4. The child is presently in the custody of Holly L. Ruby, residing at 1901 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. 5. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Holly L. Ruby 1901 Reservoir Drive Birth to Present Carlisle, Pa 17013 6. The mother of the child is Holly L. Ruby, residing at 1901 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. She is not married. 7. The father of the child is Stevie E. Rowe, Jr., residing at RR2 Route 233, Box 204, Landisburg, Perry County, Pennsylvania 17040. He is believed to be married. 8. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons. Name Patricia Ruby Michael Ruby Corey Ruby 9 Relationship Mother Father Brother The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name David Rockwell 10. Relationship Brother Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child needs for a healthy development with routine professional childcare. Plaintiff desires to maintain the family household which has been established and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant primary custody in the mother with Defendant being subject to structured partial custody and or visitation. Respectfully submitted, ROMINGER & WHARE Date: Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 93334 Attorney for Plaintiff Holly L. Ruby, Plaintiff V. Stevie E. Rowe, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA kAV1LAIL, IWIN-LAW No. CIVIL : IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and. correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. fa?o-7 Holly L. R laintiff ? n Ai n i-f rte, N cf1 c.? .c- rv ?i 4n m HOLLY L RUBY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-874 CIVIL ACTION LAW STEVIE E. ROWE, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 20, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 15, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ acqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VAN`JA? A'EN NJ d 9 t :4 Wd 0Z 83d LODZ KdViOJdUHIOU 3Hi d0 HOLLY L. RUBY, Plaintiff V. STEVIE E. ROWE, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 874 CIVIL IN CUSTODY PRAECIPE TO ENTER APPEARANCE AND NOW, Barbara L. Wevodau, Esquire, hereby enters her appearance for the Defendant in the above-captioned case. Date: lbqb -V Attorney for Defendant Barbara L. Wevodau, Esq. Supreme Court ID # 85673 P.O. Box 459 New Bloomfield, PA 17068 (717) 582-8883 cc: Michael O. Palermo, Jr., Esq. - ? n til- APR 18 2007 ar ?? I HOLLY L. RUBY, Plaintiff VI. STEVIE E. ROWE, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-874 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this l day of A p r 1-1 , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly L. Ruby and the Father, Stevie E. Rowe, Jr., shall have shared legal custody of Mylee S. Rowe, born November 15, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody on alternating weeks, beginning Thursday April 19, 2007, from Thursday, no later than 5:00 p.m. to Monday morning no earlier than 7:30 a.m. All custody exchanges shall occur at daycare and Father shall be responsible for all transportation. 4. The parties shall attend the seminar for separating parents. ' r t = co _ Lf ii1- L*J ry is_ cJ _.3 h 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for June 15, 2007 at 9:30 a.m. BY THE COURT, J. cc: Michael O. Palermo, Jr., Esquire, Counsel for Mother p6 7 Barbara Wevodau, Esquire, Counsel for Father° 4 . h HOLLY L. RUBY, Plaintiff V. STEVIE E. ROWE, JR., Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Mylee S. Rowe : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-874 CIVIL ACTION - LAW IN CUSTODY DATE OF BIRTH CURRENTLY IN CUSTODY OF November 15, 2006 Mother 2. A Conciliation Conference was held in this matter on April 13, 2007, with the following in attendance: The Mother, Holly L. Ruby, with her counsel, Michael O. Palermo, Jr., Esquire, and the Father, Stevie E. Rowe, Jr., with his counsel, Barbara Wevodau, Esquire. 3. The parties agreed to an Order in the form as attached. `t- (3 -07 (, V Date acq line M. Verney, Esquire Custody Conciliator Holly L. Roby, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Stevie E. Rowe, Jr., No. 2007-874 Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, Holly Ruby, by and through his attorney, Michael O. Palermo, Jr., Esquire, and avers the following in support of this Petition for Emergency Relief 1. The Petitioner, Holly Ruby, is an adult individual who currently resides at 1901 Reservoir Drive, Cumberland County, Pennsylvania 17013. 2. The Respondent, Stevie Rowe, is an adult individual who currently resides at RR 2 - Route 233, Box #204, Landisburg, Perry County, Pennsylvania 17040. 3. Petitioner is the natural mother and Respondent is the biological Father of the child Mylee Rowe born November 15, 2006. 4. Pursuant to Cumberland County Local Rule 208.3(a)(2), a Court Order was signed on April 17, 2007 by the Honorable J. Wesley Oler, Jr., establishing the initial custody Order in this case. (Attached as Exhibit "A"). 5. Due to the relief sought, that of suspending Respondents custodial periods, it is assumed that Respondent is opposed to the relief sought pursuant to Local Rule 2083(a)(9). 6. The child in question was born with Diaphragmatic Hernia and before she attained seven (7) months old, she has undergone two (2) intestinal surgeries to correct this defect. 7. Due to the location of the defect, Mylee's digestive system is very sensitive and she must maintain a strict diet and eating schedule. 8. Mother has on several occasions noticed abrupt changes in her digestion of food after Respondent's weekend(s) of custody. 9. Petitioner through her counsel has forward documentation on proper foods and feeding instructions to Respondent and his respective counsel. 10. Respondent continues to disregard these notices and has refused to give Mylee Karo Syrup - to aid in her digestion of food - as instructed by Mylee's Pediatrician. 11. Respondent has abandoned feeding Mylee's formula and has continued to supply and feed Mylee `store-bought' milk. 12. Cow's Milk contains a high concentration of protein and minerals, which can stress newborns immature kidneys and can cause severe illness including heat stress, fever and diarrhea. 13. Given the special nutritional needs of Mylee, her health, safety and welfare are jeopardized on each occasion she is given these unacceptable forms of nutrition. 14. It is believed that Respondent's conduct is continuing and ongoing. 15. Petitioner avers that the minor child is not receiving adequate and or incorrect nutrition while in Respondent's care and immediate intervention of the Court is necessary to assure that the best interests of the child are served. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting temporary primary physical custody of the child to Petitioner pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted, ROMINGER & ASSOCIATES Date: September 26, 2007 Michael 4. Palermo, ., 're 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney IN 93334 Attorney for Petitioner/Mother Holly L. Ruby, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Stevie E. Rowe, Jr., No. 2007-784 Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner, Holly Ruby, do hereby certify that I this day served a copy of the Petition for Emergency Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Stevie Rowe CIO Barb Wevodau, Esquire P.O. Box 459 26 East Main Street New Bloomfield, PA 17068 Date: September 26, 2007 ---7 Michael O. Palsquire 155 South Hanover S Carlisle, Pa 17013 (717) 241-6070 Attorney ID# 93334 Attorney for Petitioner HOLLY L. RUBY, Plaintiff VI. STEVIE E. ROWE, JR., Defendant [ t°?? b1 APO id 2W,0? l : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-874 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this /7 1? day of _n di , 2007, upon consideration of the attached Custody Conci cation Report, it is ordered and directed as follows: 1. The Mother, Holly L. Ruby and the Father, Stevie E. Rowe, Jr., shall have shared legal custody of Mylee S. Rowe, born November 15, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody on alternating weeks, beginning Thursday April 19, 2007, from Thursday, no later, than 5:00 p.m. to Monday morning no earlier than 7:30 a.m. All custody exchanges shall occur at daycare and Father shall be responsible for all transportation. 4. The parties shall attend the seminar for separating parents. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for June 15, 2007 at 9:30 a.m. BY THE COURT, J. cc: Michael O. Palermo, Jr., Esquire, Counsel for Mother Barbara Wevodau, Esquire, Counsel for Father COPY FROM jjgWFW I hem u?tmltb?c nd 1M! I pf d Court at Ca is AL If- .77 HOLLY L. RUBY, Plaintiff V. STEVIE E. ROWE, JR., Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. ' The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Mylee S. Rowe : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-874 CIVIL ACTION - LAW IN CUSTODY DATE OF BIRTH CURRENTLY IN CUSTODY OF November 15, 2006 Mother 2. A Conciliation Conference was held in this matter on April 13, 2007, with the following in attendance: The Mother, Holly L. Ruby, with her counsel, Michael O. Palermo, Jr., Esquire, and the Father, Stevie E. Rowe, Jr., with his counsel, Barbara Wevodau, Esquire. 3. The parties agreed to an Order in the form as attached. 4- (3 _x,1 Date A . l/?? acq line M. Verney, Esquire Custody Conciliator G ?« ,rrl _0 fn tv ' 4 Q cry-,'. ' T to N Holly L. Ruby, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Stevie E. Rowe, Jr., No. 2007- 874 Defendant IN CUSTODY ORDER OF COURT (3 d , 2007, upon consideration of AND NOW, this day of the Petition for Emergency Relief and a subsequent phone conference with respective counsel for the parties, upon agreement of counsel it is hereby ORDERED and directed that Defendant/Father shall follow all instructions given to him by Plaintiff/Mother concerning the medical care, feeding schedule and acceptable sources of nutrition that should be administered to the parties' minor child, Mylee Rowe born November 15, 2006. BY THE COURT: Weslev Oler, Jr., J. Distribution: VMichael O. Palermo, Jr., Esquire for Plaintiff/Mother !Barb Wevodau, Esquire for Defendant, Stevie Rowe Holly L. Ruby, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Stevie E. Rowe, Jr., No. 2007-874 Defendant IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Holly Ruby, by and through her attorney, Michael O. Palermo, Jr., Esquire, and avers the following in support of this Petition for Contempt: 1. The Petitioner, Holly Ruby, is an adult individual who currently resides at 1901 Reservoir Drive, Cumberland County, Pennsylvania 17013. 2. The Respondent, Stevie Rowe, is an adult individual who currently resides at RR 2 - Route 233, Box #204, Landisburg, Perry County, Pennsylvania 17040. 3. Petitioner is the natural mother and Respondent is the biological Father of the child Mylee Rowe born November 15, 2006. 4. Pursuant to Cumberland County Local Rule 208.3(a)(2), a Court Order was signed on April 17, 2007 by the Honorable J. Wesley Oler, Jr., establishing the initial custody Order in this case. (Attached as Exhibit "A"). Most recently on October 5, 2007, an Order of Court was entered directing Respondent to follow the instructions of Petitioner as to the medical care, nutritional needs and feeding schedule for the minor child. Attached hereto as Exhibit "B". 5. The child in question was born with Diaphragmatic Hernia and before she attained seven (7) months old, she has undergone two (2) intestinal surgeries to correct this defect. 6. Petitioner in accordance with the October 7, 2007, Order has provided Respondent with instructions on how to deal with the child's recent breathing problems. Attached hereto as Exhibit "C". 7. Respondent continues to disregard the instructions and it is believed that Respondent smokes in the vehicle on his way to drop Mylee off at daycare, thus triggering her breathing problems. . 8. As a result of Respondent's neglect of the child's health condition and breathing problems, Mylee was recently hospitalized in 2008, for three (3) days at the Hershey Medical Center. 9. Prior to the most recent hospitalization, Mother left work on December 28, 2007, after speaking with daycare personnel regarding Mylee's breathing and rushed the Mylee to the Carlisle Regional Medical Center. 10. As a result, Mylee was placed on a five (5) day breathing treatment machine to clear the wheezing from her chest. 11. Petitioner avers that the minor child is not receiving adequate care while in Respondent's care and immediate intervention of the Court is necessary to assure that the best interests of the child are served. CUMBERLAND COUNTY LOCAL RULE 208.3 (a) (9) COMPLIANCE STATEMENT Due to the relief sought, that of suspending Respondents custodial periods, it is assumed that Respondent is opposed to this Petition pursuant to Local Rule 208.3(a)(9). WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order finding Respondent/Father in contempt of the October 5, 2007, Order and suspending his periods of physical custody and granting sole physical custody of the child to Petitioner. Respectfully submitted, ROMINGER & ASSOCIATES Date: January 8, 2008 Michael O. Palermo, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney ID4 93334 Attorney for Petitioner/Mother Holly L. Ruby, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Stevie E. Rowe, Jr., No. 2007-784 Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner, Holly Ruby, do hereby certify that I this day served a copy of the Petition for Contempt upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Stevie Rowe C/O Barb Wevodau, Esquire P.O. Box 459 26 East Main Street New Bloomfield, PA 17068 Date: % '& - I j Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney 1D# 93334 Attorney for Petitioner i? J J'17y? It HOLLY L. RUBY, Plaintiff VI. STEVIE E. ROWE, JR., Defendant APR 162007 pad : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-874 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this I7 day of Uaj , 2007, upon consideration of the attached Custody Conci cation Report, it is ordered and directed as follows: 1. The Mother, Holly L. Ruby and the Father, Stevie E. Rowe, Jr., shall have shared legal custody of Mylee S. Rowe, born November 15, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody on alternating weeks, beginning Thursday April 19, 2007, from Thursday, no later than 5:00 p.m. to Monday morning no earlier than 7:30 a.m. All custody exchanges shall occur at daycare and Father shall be responsible for all transportation. 4. The parties shall attend the seminar for separating parents. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for June 15, 2007 at 9:30 a.m. BY THE COURT, J. cc: Michael O. Palermo, Jr:, Esquire, Counsel for Mother Barbara Wevodau, Esquire, Counsel for Father ad 80 of ereo?, iota unto set MY ha??u said Court at CWjW8, pa.. ?tMen HOLLY L. RUBY, Plaintiff V. STEVIE E. ROWE, JR., Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-874 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mylee S. Rowe November 15, 2006 Mother 2. A Conciliation Conference was held in this matter on April 13, 2007, with the following in attendance: The Mother, Holly L. Ruby, with her counsel.. Michael 0. Palermo, Jr., Esquire, and the Father, Stevie E. Rowe, Jr., with his counsel, Barbara Wevodau, Esquire. ;. The parties agreed to an Order in the form as attached. Date Jacq _eline M. Verney, Esquire Custody Conciliator Holly L. Ruby, Plaintiff V. Stevie E. Rowe, Jr., Defendant ORDER OF COURT eli'l. AND NOW, this day of , 2007, upon consideration of the Petition for Emergency Relief and a subsequent phone conference with respective counsel for the parties, upon agreement of counsel it is hereby ORDERED and directed that Defendant/Father shall follow all instructions given to him by Plaintiff/Mother concerning the medical care, feeding schedule and acceptable sources of nutrition that should be administered to the parties' minor child, Mylee Rowe born November 15, 2006. J. Distribution: ichael O. Palermo, Jr., Esquire for Plaintiff/Mother Barb Wevodau, Esquire for Defendant, Stevie Rowe Co4???? : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2007- 874 IN CUSTODY TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and t seal of said Cou t a r{i e, Pa. Thi ....... , y f... BY THE COURT: 12/27/07 Steve, On 12117 Mylee came to Day care with a fever, wheezing, coughing, lethargic and trouble breathing. Day care called me and I came for her. Took her to Pediatric Center 12118 in AM. Mylee was sent to BMC for chest X-rays. She tested negative for RSV but was diagnosed with the start of pneumonia. She was to remain at home for the rest of the week and receive Abuterol via a breathing treatment machine and face mask every 4 hours until the wheezing was gone. She was also given Cefdinir, a strong antibiotic. YOU WILL NEED TO GIVE HER THE LAST DOSE FRIDAY AM. Mylee received 15 treatments over 5 days before the wheezing cleared. She has been much better since 12/23. Her appetite has returned and she no longer has a fever, coughing, wheezing or trouble breathing. If Mylee exhibits any of these symptoms while with you, please call me at 243-0920 or have someone else call me so i can get her medical attention immediately. If you prefer to take her yourself, I can reimburse you the $20 co-pay through day care. I will need a written or verbal report of the doctor's diagnosis and treatment. The physicians have said that Mylee, because of her diaphragmatic hernia at birth, will more than likely have trouble breathing if she is exposed to irritants such as harsh fumes, tobacco smoke, ?,,,ood smoke, etc. If Vylee exhibits any of the above symptoms, seek medical attention immediately. Please make sure she is dressed in slarm outer Bear and keep her away from the irritants mentioned. She will be returning to Pediatrics Monday, 12/31 for the remainder of her flu shot (a must for RSV Patients) and a checkup in the morning. Carlisle Pediatric Center, 804 Belvedere Street, 243-1943. Holly L. Ruby "A yQ V 8 r-3 Ca t "J + ( ki, w i. 1 ' ti t, r . (n} HOLLY L. RUBY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVIE E. ROWE, JR. DEFENDANT 2007-874 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 15, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 14, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -,' A z orvw aTIP4 I 4,9"?p ?i lol"I.rzal r t :c, !P 0, Qj I NV 9 8 ?0Z HOLLY L. RUBY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 97 V. NO.07-914' CIVIL TERM STEVIE E. ROWE, JR. DEFENDANT'S ANSWER & COUNTERCLAIM TO PETITION FOR CONTEMPT AND NOW, comes the Defendant, Stevie E. Rowe, Jr. by and through his attorney, Charles Rector, Esquire, and files the following Answer & Counterclaim to Petition for Contempt: Answer 1. through 6. Admitted. 7. Denied. It is denied that Respondent has disregarded the instructions he was provided for care of the minor child and further denied that Respondent smokes in the child's presence and proof thereof is demanded and the same is deemed denied. 8. Admitted in part and denied in part. It is denied that Respondent has neglected the minor child and proof thereof is demanded. It is admitted that the child was hospitalized at the Hershey Medical Center. To the extent that any further answer is required, Respondent believes and therefore avers that Petitioner and her family smoke in the presence of the child, all of which behavior resulted in her hospitalization. 9. Denied. Respondent is without sufficient information to form a belief as to the truth of the matters contained in Paragraph 9 and proof thereof is demanded and the same are deemed denied. 10. Admitted. It is admitted that the minor child was placed on a breathing machine to clear up her wheezing, all of which resulted from the smoking in her presence by Petitioner and Petitioner's family. 11. Denied. It is denied that Respondent is providing inadequate care to the minor child and proof thereof is demanded and the same is deemed denied. WHEREFORE, Respondent respectfully requests that your Honorable Court deny Petitioner's request for contempt. Counterclaim for Contempt 12. Paragraphs 1 through 11 above are incorporated herein by reference as if set forth in full. 13. Petitioner and her family, with whom she resides, smoke in the presence of the minor child, all of which conduct has proven detrimental to the minor child's health. 14. On or about January 15, 2008, a Conciliation Order was entered requiring a Custody Conciliation Conference on February 14, 2008. 15. The Honorable Wesley J. Oler refused to enter an Order awarding sole primary physical custody of the minor child to Petitioner. 16. Petitioner unilaterally and contrary to the Custody Order of April 17, 2007, refused Respondent's scheduled period of temporary physical custody with the minor child beginning on Thursday, February 7, 2008, through Monday, February 11, 2008. Respondent has therefore not seen his daughter for approximately two (2) weeks. 17. Respondent, by and through his counsel, attempted to contact Petitioner's counsel on Friday, February 8, 2008, without success. 18. Petitioner's behavior in unilaterally precluding Respondent from seeing his daughter consistent with the current Order of Custody constitutes obstructive conduct such that Respondent is entitled to primary physical custody of the minor child. 19. Respondent is also entitled to make up time for Petitioner's obstruction of his custodial rights. 20. Petitioner's behavior in ignoring the Order of Custody of April 17, 2007, constitutes Contempt of Court such that Petitioner should be ordered to pay Respondent's substantial attorneys fees and be immediately incarcerated. WHEREFORE, Respondent respectfully requests your Honorable Court to adjudge Petitioner in Contempt of Court, to Order Petitioner to pay Respondent's attorney fees and for such other relief as the Court deems just appropriate. Date: d << ?? RESPECTFULLY SUB TED- arles Recto ,Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Respondent I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Steve Rowe /s/ Date: 2/11/08 CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the 11th day of February 2008, I caused a true and correct copy of the within Defendant's Answer & Counterclaim to Petition for Contempt to be served upon the following persons by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania and by facsimile to (717) 241-6878: Michael O. Palermo, Jr., Esquire Rominger & Associates 155 S. Hanover Street Carlisle, PA 17013 By harles Rector squire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: o Q 8 cP-..,a t) _ r G 0 1-5 `:_ ?rn co FEB 16 20086401 I HOLLY L. RUBY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-874 CIVIL ACTION - LAW STEVIE E. ROWE, JR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this l 6 day of F4. , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. / , of the Cumberland County Court House, on the,r_ day of 2008, at / ;,3d o'clock, 4. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on contempt, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated April 17, 2007 and October 5, 2007 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: Michael O. Palermo, Esquire, counsel for Mother -Charles A. Rector, Esquire, counsel for Father its mia t zcL a/zo`og BY THE COURT, C? " 1 Wd 0 Z 83A 80OZ HOLLY L. RUBY, Plaintiff V. STEVIE E. ROWE, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-874 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mylee S. Rowe November 15, 2006 Mother 2. A Conciliation Conference was held February 14, 2008 with the following individuals in attendance: The Mother, Holly L. Ruby, with her counsel, Michael O. Palermo, Jr., Esquire, and the Father, Stevie E. Rowe, Jr., with his counsel, Charles A. Rector, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated April 17, 2007 and October 5, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, Friday to Monday and that Father follow all instructions given to him by Mother concerning medical care, feeding schedule and acceptable sources of nutrition that should be administered to the child. 4. Mother filed a Contempt Petition alleging that Father has disregarded her instructions concerning the child's medical care. In particular she advised Father on December 27, 2007 that if the child exhibited any fever, coughing, wheezing or trouble breathing to call Mother or have someone else call her so she could obtain medical treatment for the child. She also advised Father that he could obtain medical treatment for her himself and Mother would reimburse him the co-pay. Father has dropped the child off after his weekends of custody with problems breathing and wheezing to the point that the child had to be hospitalized. Mother requests that Father be found in contempt and that his periods of physical custody be suspended. Mother agreed to resume Father's periods of physical custody on February 21, 2008. 5. Father denies the contempt. He missed one weekend and requests makeup time. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one-half day. -14-bd' Date L;7 '"t•V? cq ne M. Verney, Esquire Custody Conciliator Holly L. Ruby, Plaintiff V. Stevie E. Rowe, Jr., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2007-874 IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM AND NOW, comes Plaintiff/Respondent Holly L. Ruby, by and through counsel, Michael O. Palermo, Jr., Esquire and submits this Answer to Defendant's Counterclaim as follows: 12. No response deemed required. 13. Denied and strict proof of the same, should it exist, is demanded at trial. 14. Admitted. By way of further answer, the Honorable J. Wesley J.Oler, Jr. directed that the prior Order(s) of October 5, 2007. [attached hereto as Respondent's Exhibit "1 "] and April 17, 2007, were to remain in effect. 15. Denied as stated. By way of further answer, It is unknown what Judge Oler refused to do; without further use of semantics; the parties were directed by Judge Oler to attend another conciliation conference on February 14, 2008. 16. Denied in part, admitted in part. It is admitted that Petitioner did not see the child from February7, 2008 to February 11, 2008. It is denied as stated that the Petitioner has not seen the child in two (2) weeks; the parties are currently exercising their normal custodial schedule. 17. Admitted in as much as counsel's staff does take messages but undersigned counsel never personally spoke with opposing counsel on the date in question. 18. Denied. By way of further answer, Respondent's behavior was directly related and based solely upon concerns for the health, safety and welfare of the child who was consistently returning from Father's custodial periods sick, without medical care and in direct contravention of this Honorable Courts' Order of October 5, 2007. 19. Denied. By way of further answer, Petitioner by his actions and inaction left Respondent with no other recourse to ensure the health, safety and welfare of the child. 20. Denied. By way of further answer, Respondents behavior was directly related and based solely upon concerns for the health, safety and welfare of the child who was consistently returning from Father's custodial periods sick, without medical care and in direct contravention of this Honorable Courts' Order of October 5, 2007. WHEREFORE, Respondent respectfully requests this Honorable Court DISMISS Defendant's Counterclaim for Contempt with prejudice and further find Father, Stevie Rowe in contempt in accordance with the Petition filed by Mother on January 14, 2008 and further that an award of attorney fees be granted for Plaintiff/Respondent. Date: 3 Respectfully submitted, ROMINGER & ASSOCIATES YMael OHannover ale rmo, Jr., Esquire h Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff Holly L. Ruby, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Stevie E. Rowe, Jr., No. 2007-874 Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Plaintiffs Answer to Defendant's Counter-claim upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 Dated: -% 1'&? Respectfully submitted, ROMINGER & ASSOCIATES MAAaDOa-4,_ A - chael O. Palermo, Jr., Esquire 1 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff Molly L. Ruby, : IN THE COURT OF CO-N LION PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIY'IL ACTION - LAW Stevie E. Rowe, Jr., No. 2007- 874 Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the Petition for Emergency Relief and a subsequent phone conference with respective counsel for the parties, upon agreement of counsel it is hereby ORDERED and directed that Defendant'Father shall follow all instructions given to him by Plaintiff'Llother concerning the medical care, feeding schedule and acceptable sources of nutrition that should be administered to the parties' minor child, Mytee Rowe born November 15, 2006. Distribution: Michael O. Palermo. Jr., Esquire for Plaintiff/Mother Barb Wevodau, Esquire for Defendant, Stevie Rowe J. ThIRUE Copy FROM, RSCORD T estimory 4v, erecf f h r= url-, se,F my hand arad t se 1 of said Cou t a+ r1i e, Pa. Tai f ...... y f ... :, .. ..... : . .... othuro7ar"? , BY THE COURT: r--a rr. 4"'- pfd e?w }J r HOLLY L. RUBY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 2007-874 CIVIL TERM STEVIE E. ROWE, JR., Defendant IN CUSTODY IN RE: PLAINTIFF'S PETITION FOR CONTEMPT & DEFENDANT'S ANSWER AND COUNTERCLAIM TO PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 5th day of May, 2008, upon consideration of Plaintiff's Petition for Contempt and of Defendant's Answer and Counterclaim to Petition for Contempt, and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. / -, ', Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 For Plaintiff ZCharles A. Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 For Defendant mae l??a l F? M2 t LECL 1 s?L?oS By the Court, /Z?L 1? -,?/ J Wesley O1 Jr., J. )ANVAIASN 3d 6£ =6 WV 9- AVWOQHZ Rif ONGHIOdd 3PI ?O 3JL4G-M1i HOLLY L. RUBY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW STEVIE E. ROWE, JR., Defendant NO. 07-874 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of May, 2008, upon consideration of Plaintiff's Petition for Contempt and of Defendant's Answer and Counterclaim to Petition for Contempt, and following a hearing held on May 5, 2008, it is ordered and directed as follows: 1. Plaintiff's petition for contempt is granted, Defendant is adjudicated in contempt, and he is sanctioned to pay a fine in the amount of $200.00 to and for the use of the county, within 30 days of the date of this order; 2. Defendant's counterclaim for contempt is denied; and 3. No other relief is granted to either party. BY THE COURT, 7 J./F-esley Oler,W., J. Michael O. Palermo, Jr., Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Charles A. Rector, Esq. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant 1 ZAI/o8 rc VNVAIASNN3d mNncf,) I& :C Wd 9- AN owl MdQNQ-'Hi add ;t -40 30U0-6d Holly L. Ruby, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Stevie E. Rowe, Jr., No. 2007-874 Defendant IN CUSTODY PETITION TO MODIFY CUSTODY Petitioner is Holly L. Ruby, who resides at 1901 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Stevie E. Rowe, Jr., who is believed to reside at 6 Tresslers Road, P.O. Box 26, Loysville, Perry County, Pennsylvania 17040. 3. On April 17, 2007 and October 5, 2007, the Honorable J. Wesley Oler, Jr., entered the attached Custody Orders which remain in full force and effect by Order of Court entered on February 16, 2008. Moreover, Father has also been found in Contempt by the Honorable Judge J. Wesley Oler, Jr., on May 6, 2008,and directed to abide by all of mother's instructions concerning the child. 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) The Respondent is not providing adequate physical care for the child to the point of neglect. As a result of said neglect Mother has observed severe diaper rash to the point of bleeding on the child. b) After Respondent's visitation period, Petitioner repeatedly has to take the minor child, Mylee Rowe, to the doctors for her breathing problems. Mother has always maintained that there is an environmental irritant in father's home. Mother continues to take time off of her work to have the child examined and/or administered breathing treatments following father's scheduled custodial period(s). 5. The best interest of the child will be served by the Court modifying said Order in the form of suspending all periods of overnight custody with Father. Mother does not file this petition on a whim and has documented a continuing pattern of neglect that is evident after father's custodial periods. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Father, Stevie Rowe shall no longer exercise overnight custody of the child, Mylee Rowe, until further Order of this Court. This Order shall not limit Mr. Rowe's periods of partial custody, so long as the child is returned to Mother prior to the child's bedtime. Respectfully submitted, ROMINGER & ASSOCIATES Date: 4;qq?$ Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Petitioner Holly L. Ruby, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Stevie E. Rowe, Jr., No. 2007-874 Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, do hereby certify that I served a copy of this Petition upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue Camp Hill, PA 17011-6912 Counsel for Mr. Rowe Respectfully submitted, ROMINGER & ASSOCIATES n Michael O. Palermo, Jr., Esquire 114 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Petitioner Dated: ?.2 1 i Molly L. Ruby, IN THE COURT OF COMdION PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAS' Stevie E. Rowe, Jr., No. 2007- 874 Defendant IN CUSTODY ORDER OF COURT AND NOW this l? day of 2007, upon consideration of the Petition for Emergency Relief and a subsequent phone conference with respective counsel for the parties, upon agreement of counsel it is hereby ORDERED and directed that Defendant/Father shall follow all instructions given to him by Plaintiff/Mother concerning the medical care, feeding schedule and acceptable sources of nutrition that should be administered to the parties' minor child, Mylee Rowe born November 15, 2006. J. Distribution: Michael O. Palermo. Jr., Esquire for Plaintiff/Mother THE COPY FROM REC"O D In Testimony wherecf, I h--r-- urY se my hand Barb Wevodau, Esquire for Defendant, Stevie Rowe and tl? sMI of said Cou ft a rli?e, Pa. BY THE COURT: HOLLY L. RUBY, Plaintiff VI. STEVIE E. ROWE, JR., Defendant APR 14 707 PIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT', PENNSYLVANIA NO. 2007-874 IN CUSTODY ORDER OF COURT CIVIL, ACTION - LAW AND NOW, this /7 day, of 0 2007, upon consideration of the attached Custody Conci cation Report, it is ordered and directed as follows: 1. The Mother, Holly L. Ruby and the Father, Stevie E. Rowe, Jr., shall have shared legal custody of Mylee S. Rowe, born November 15, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. I Father shall have periods of partial physical custody on alternating weeks, beginning Thursday April 19, 2007, from Thursday, no later than 5:00 p.m. to Monday morning no earlier than 7:30 a.m. All custody exchanges shall occur at daycare and Father shall be responsible for all transportation. 4. The parties shall attend the seminar for separating parents. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for June 15, 2007 at 9:30 a.m. BY THE COURT, J. cc: Michael O. Palermo, Jr., Esquire, Counsel for Mother Barbara `J?evodau, Esquire, Counsel for Father `? a t'JIBY HOLLY L. RUBY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW STEVIE E. ROWE, JR., : Defendant NO. 07-874 CIVIL TERM ORDER OF COURT AND NOW, this 6`' day of May, 2008, upon consideration of Plaintiff's Petition for Contempt and of Defendant's Answer and Counterclaim to Petition for Contempt, and following a hearing held on May 5, 2008, it is ordered and directed as follows: 1. Plaintiff's petition for contempt is granted, Defendant is adjudicated in contempt, and he is sanctioned to pay a fine in the amount of $200.00 to and for the use of the county, within 30 days of the date of this order; 2. Defendant's counterclaim for contempt is denied; and 3. No other relief is granted to either party. BY THE COURT, ichael O. Palermo, Jr., Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Charles A. Rector, Esq. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Attorney for Defendant :rc 1}wey J! Zild ??:?a ?..??t i : ,?,?? ? Ito +.r •?3.,.s?? !"?. r . VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: 0 ! n- "" / ` Holly Ruby etitioner 01- .6Q- ? ? ? n (? C° t? ? ? _ }f{?9w?•n••• ??? c? ? O ? ? f-?-? ? T 1. l' ? w? , ?C?I N ?'?? :^5 `? t..? , -,? HOLLY L. RUBY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-874 CIVIL ACTION LAW STEVIE E. ROWE, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 23, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 18, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ jaequeline M. Verney, Esq. / ) Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 hr- al he- al -VIIWA I,kb)N R,!3d kLNnCf) €Z :£ did ' z 130BUZ AUVIGIN O?UCII':6d :"Hl Jo NOV 19 20080 HOLLY L. RUBY, Plaintiff VI. STEVIE E. ROWE, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-874 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 2 day of N) q V a , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated April 17, 2007, October 5, 2007, February 16, 2008 and May 6, 2008 shall remain in full force and effect with the following modifications: 2. Father's periods of partial physical custody shall be on alternating weekends from Friday, when Father shall pick up the child at daycare to Sunday at 5:00 p.m. 3. Father shall have physical custody of the child for Thanksgiving from 3:00 p.m. on Thanksgiving Day to Sunday at 5:00 p.m. 4. Father shall have physical custody of the child on Christmas at 3:00 p.m. until Sunday at 5:00 p.m. 5. Transportation shall be such that when daycare is open, the child is to be picked up from daycare. In the event that daycare is closed, the parties shall exchange custody at the Carlisle Barracks of the Pennsylvania State Police at the designated time. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for Monday, January 19, 2009 at 9:30 a.m. LL- C:) -..-A G" 1 ( ) CV - BY THE COURT, ` J. cc: ichael O. Palermo, Jr., Esquire, Couns l for Mother Stevie E. Rowe, Jr., pro se 501 Windy Hill Road Lot 1 Shermansdale, PA 17090 rl%?a t LCL ?i?a /v,6 HOLLY L. RUBY, Plaintiff V. STEVIE E. ROWE, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-874 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Mylee S. Rowe DATE OF BIRTH CURRENTLY IN CUSTODY OF November 15, 2006 Mother 2. A Conciliation Conference was held in this matter on November 19, 2008, with the following in attendance: The Mother, Holly L. Ruby, with her counsel, Michael 0. Palermo, Jr., Esquire, and the Father, Stevie E. Rowe, Jr., pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated April 17, 2007, October 5, 2007, February 16, 2008 and May 6, 2008 providing for shared legal custody, Mother having primary physical custody, with. Father having alternating weekends from Thursday to Monday. Father was also to follow Mother's medical and nutritional instructions. 4. The parties agreed to an Order in the form as attached. /I- I9-0fl M,V?? Date acq line M. Verney, Esquir Custody Conciliator JAN 2 0 200% HOLLY L. RUBY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-874 CIVIL ACTION - LAW STEVIE E. ROWE, JR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of _ :? 2-?h , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated April 17, 2007, October 5, 2007, February 16, 2008, May 6, 2008 and November 21, 2008 shall remain in full force and effect. 2. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc chael O. Palermo, Jr., Esquire, tevie E. Rowe, Jr., pro se 501 Windy Hill Road Lot 1 Shermansdale, PA 17090 1 for Mother BY THE COURT, tJ C%j ` V Ls3 Z"* Z:x C7ti cv HOLLY L. RUBY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-874 CIVIL ACTION - LAW STEVIE E. ROWE, JR., Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mylee S. Rowe November 15, 2006 Mother 2. A Conciliation Conference was held in this matter on January 19, 2009, with the following in attendance: The Mother, Holly L. Ruby, with her counsel, Michael 0. Palermo, Jr., Esquire, and the Father, Stevie E. Rowe, Jr., pro se by telephone. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated April 17, 2007, October 5, 2007, February 16, 2008, May 6, 2008 and November 21, 2008 providing for shared legal custody, Mother having primary physical custody, with Father having alternating weekends from Friday to Sunday. Father was also to follow Mother's medical and nutritional instructions. 4. The parties agreed to an Order in the form as attached. Date bacq line M. Verney, Esquire Custody Conciliator