HomeMy WebLinkAbout01-1476 FX
SAIDIS
SllU!"!'i.!!OWER
. &~lISAY
~.lAW
26W.Blgh_
Carlisle,PA
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conciliation order
tjb March 13, 2001
ROGER E. ROWE,
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION. LAW
NO. 2001. 1f'7? CIVIL TERM
IN DIVORCE
PENNY J. ROWE,
Defendant
ORDER OF COURT
AND now, this day of , 2001, upon
consideration of the attached Complaint for Custody, it is hereby directed that the
parties and their respective counsel appear before
the conciliator, at
, on the
day of ,2000, at
o'clock . m. for a pre-hearing custody conference. At such
conference, an effort will be made to resolve the issues in dispute; or if this cannot
be accomplished, to define and narrow the issues to be heard by the Court, and to
enter into a temporary order. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
For the Court,
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
1-800-990-9108
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SAlOIS
SHl.Jf!"t.!!OWER
. &UNUSAY
AlIIJllriBYSo.<<.IAW
26 W. High street
Carlisle, PA
conciliation order
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March 13, 2001
AMERICANS WITH DISABILITIES ACT Of 1990
The Court of Common Pleas of Cumberland County, Pennsylvania, is
required by law to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable accommodations available to
disabled individuals having business before the court, please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business
before the Court.
By the Court,
Date:
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SAIDIS
SHlJf!'i. noWER
, &~lJSAY
AIIl.IIU'IK'tSo!O'.IAW
26 W. Wgh street
C_,PA
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ROGER E. ROWE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001- 1'171. CIVIL TERM
Plaintiff
vs.
PENNY J. ROWE,
Defendant
IN DIVORCE
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COMPLAINT FOR CUSTODY
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1.
The Plaintiff is Roger E. Rowe, residing at Big Spring Terrace, Lot 174,
Newville, Cumberland County, Pennsylvania 17241.
2.
The Defendant is Penny J. Rowe whose is at an unknown location,
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believed to be New Jersey.
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The Plaintiff seeks custody of the following children: Nathan E. Rowe,
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born June 2, 1990; and Nichole M. Rowe, born June 4, 1987, who resides at Big
Spring Terrace, Lot 174, Newville, Cumberland County, Pennsylvania.
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The children were not born out of wedlock.
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The children are presently in the custody of Roger E. Rowe, currently residing
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at Big Spring Terrace, Lot 174, Newville, Cumberland County, Pennsylvania.
During the past five years, the children have resided with Roger E. Rowe and
Penny J. Rowe, and from March 7, 2001 to the present, the children live with Roger
E. Rowe at Big Spring Terrace, Lot 174, Newville, Cumberland County,
Pennsylvania.
The mother of the children is Penny J. Rowe, believed to be currently residing
somewhere in New Jersey.
She is married.
The father of the children is Roger E. Rowe, currently residing at Big Spring
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SAIDIS
SHUffi.tlOWER
, &UNUSAY
ATIl1IINEYSoAT.lAW
26 W.lDgh street
Carllsle,PA
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Terrace, Lot 174, Newville, CumbE;lrland County, Pennsylvania.
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He is married.
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The relationship of the Plaintiff to the children is that of Father. The
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Plaintiff currently resides with the children.
5. The relationship of the Defendant to the children is that of Mother. The
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Defendant currently resides with a paramour whose name is not known.
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Plaintiff has not participated as a party or witness, or in any other
capacity in other litigation concerning the custody of the children in this or another
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jurisdiction.
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7. The Plaintiff has no information of a custody proceeding concerning the
children pending in a court of the Commonwealth.
8.
The Plaintiff does not know of a person not a party to the proceedings
who has physical custody of the children or claims to have custody or visitation rights II
with respect to the children.
9. The best interest and permanent welfare of the children will be served
by granting the relief requested because:
a) The Plaintiff can best provide for the physical and
emotional needs of children.
10. Each parent whose parental rights to the children have not been
terminated and the person who has physical custody of the children has been named
as parties to this action.
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SAIDIS
SHUffi.!!OWER
&~lJSAY
A1"IIlRNrnioAl'olAW
26 W. HIgh street
Carlisle, PA
WHEREFORE, the Plaintiff requests this Court to grant primary physical
custody of the children to the Plaintiff.
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Respectfully submitted,
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SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
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aro J. Lindsay,
21-4693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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SAIDIS
SHlJf!<i. !!OWER
&.UNIJSAY
ATIIlIINMo.<<.lAW
26 W. mgh street
Cadisle, PA
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c:\wp51\hyde\conWlaint.cus file #5310~97-01 March 13,2001
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VERI FICA TION
I, the undersigned, Roger E. Rowe, hereby 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. ~ 4904, relating to unsworn falsification
to authorities.
Date: '3 - / j - 11 I
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Roger E. Rowe
SAlOIS
sHU!'!t BPWER
, &UNUSAY
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26W.IDghstreet
CarllsIe,PA
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ROGER E. ROWE,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001- CIVil TERM
vs.
PENNY J. ROWE,
Defendant/Respondent
IN DIVORCE
PETITION FOR TEMPORARY ORDER
NOW COMES ROGER E. ROWE, by and through his counsel, SAlOIS,
SHUFF, FLOWER & LINDSAY, and states as follows:
1. The parties hereto are the parents of two children, Nathan E. Rowe,
born June 2,1990, and Nichole M. Rowe, born June 4,1987.
2. Petitioner has filed a Complaint for Custody, a copy of which is attached
hereto as Exhibit "A".
3. The parties hereto were married on October 18, 1986 and separated on
March 7, 2001, when Respondent left the marital home without notice to Petitioner,
taking with her the child, Nathan E.' Rowe, and moving him to New Jersey to reside
with herself and a man whose identity is not known.
4. At the time she removed the child from Cumberland County,
Respondent advised Oak Flat Elementary School, where the child, Nathan E. Rowe,
is a student, that he would not be returning to school.
5. On March 9, 2001, Respondent returned to Cumberland County,
bringing with her the child, Nathan E. Rowe, and dropping him off at the home of
Petitioner.
6. Respondent has averred that Petitioner may have primary custody of
the children.
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SAlOIS
S~fIPWER
&. LlI'lvSAY
M'IDlIJomI"""olAW
26 W. Blgb street
CarlisIe,PA
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7. Petitioner fears that without an Order of Court, Respondent could once
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again remove Nathan E. Rowe from Oak Flat Elementary School, or his sister,
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Nichole E. Rowe, from Big Spring School District Middle School, and remove them
from the Commonwealth.
8. Upon information and belief, Oak Flat Elementary School and Big
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Spring School District Middle School would have no choice but to release the children
to Respondent without an Order of Court.
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WHEREFORE, Petitioner prayer this Honorable Court to enter a Temporary
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Order for primary physical custody of Nathan E. Rowe and Nichole M. Rowe in their
father, Petitioner, pending further Order of this Court, along with an Order that the
children not be removed from their respective schools.
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Respectfully submitted,
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SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
squire
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SAIDlS
SHUffi.!iOWER
&Ul"lUSAY
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16 W. HIgh street
Carlisle, PA
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c:\wp51\hyde\complail1t.cm; file #5310M97MOl March'13,2001
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VERIFICATION
I, the undersigned, Roger E. Rowe, hereby verify that the statements made
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herein are true and correct. I understand that false statements herein are made
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subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification
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to authorities.
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SlJ.lJ!lB. t!OWER
. &UNUSAY
.ATIl"MINIMIoAT.1AW
U W. High street
Carllsle,PA
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c:\wp51\hyde\complaint.cu~ file #5310-97-01 March 13,2001
ROGER E. ROWE,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001- PI/(P CIVIL TERM
IN DIVORCE
vs.
PENNY J. ROWE,
Defendant/Respondent
AND NOW this
ORDER OF COURT
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upon consideration of the within Petition for Temporary Order, temporary custody
of Nathan E. Rowe and Nichole M. Rowe shall be in their father, Roger E. Rowe, with
the directive that the children not be removed from their respective schools pending
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further Order of Court.) \4V"L .J
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ROGER E. ROWE
PLAINTIFF
V.
PENNY J. ROWE
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-1476 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, March 19, 2001 , 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 Wednesday, April 18, 2001 at 9:30 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to defme 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. Fai]ure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: Isl
Jacqueline M. Verney. Esql/l
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabi]ites Act of 1990. For information about accessible facilities and reasonable
accommodations avai]able 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
HA VB 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Te]ephone (717) 249-3166
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SHUFF, FLOWER
& UNDSAY
ATIDRNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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ROGER E. ROWE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 2001- 1476 CIVIL TERM
Plaintiff
VS.
PENNY J. ROWE,
Defendant
IN CUSTODY
AFFIDAVIT OF SERVICE
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, hereby certifY that I served the Complaint
for Custody and Court Order and the Petition for Temporary Order and Order of Court, on_
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APR 2 0 2001
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ROGER E. ROWE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2001-1476 CIVIL ACTION - LAW
PENNY J. ROWE,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, this ,z/J. day of ~ ,2001, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated March 14,2001 is hereby vacated.
2. The Father, Roger E. Rowe, and the Mother, Penny 1. Rowe, shall have
shared legal custody of Nathan E. Rowe, born June 2, 1990 and Nicho1e M. Rowe, born
June 4,1987. Each parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the children's general well-
being including, but not limited to, all decisions regarding their health, education and
religion.
3. Father shall have primary physical custody of the children with Mother
having periods of partial physical custody as set forth as follows:
a. Alternating weekends from Friday at 8:00 p.m. to Sunday at 8:00 p.m.
beginning April 21, 2001. Said weekends shall be at the home of the
children's maternal grandparents unless otherwise agreed by the
parties.
b. Mother shall be entitled to two (2) non-consecutive weeks in the
summer. For this year, one week will be over the July fourth holiday.
Mother shall provide 30 days prior notice of the exercise of her
summer periods. However, prior to the exercise of Mother's summer
periods of physical custody, Mother shall provide Father with a current
address, home telephone number and photographs of her home,
including the sleeping arrangements for the children. Mother insures
that the children will have separate beds. In addition, during the
summer periods of physical custody with Mother, the children have
the right to contact Father at any time and request that the summer
visit terminate. If this occurs, Mother shall return the children to
Father as soon as practicable.
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c. Such other times as the parties agree.
4. During periods of partial physical custody, Mother is to insure that the
children will not be alone with Chuck Lentalsky or any other person that the children do
not know or are uncomfortable with.
5.
parties.
Mother shall provide all transportation unless otherwise agreed by the
6. The parties shall keep each other advised immediately relative to any
emergencies, medical or otherwise, concerning the children and shall, further, take any
necessary steps to ensure that the health and well being of the children is protected.
During such illness or medical emergency, each party shall have the right to visit the
children as often as he/she deems consistent with the proper medical care of the children.
7. The parties shall be entitled to reasonable telephone contact with the
children during the periods when the children are not in the custody of that party.
8. Neither party shall do anything that may estrange the children from the
other party, or injure the opinion of the children as to the other party, or may hamper the
free and natural development of the children's love or affection for the other party.
9. The parties may modify the provisions ofthis Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY TIjE
1.
cc: Carol J. Lindsay, Esquire - Counsel for Father
Penny J. Rowe - Pro se
36 Canis Court
Swell, NJ 08080
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ROGER E. ROWE,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: 2001-1476 CIVIL ACTION - LAW
PENNY J. ROWE,
Defendant
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
I. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Nathan E. Rowe
Nichole M. Rowe
June 2, 1990
June 4, 1987
Father
Father
2. A prior Order of Court was entered by the Honorable Edgar B. Bayley on
March 14,2001 on an Emergency Petition which prohibited either party from removing
the children from school or Pennsylvania.
3. A Conciliation Conference was held in this matter on April 18, 2001.
Father, Roger E. Rowe, was present with counsel, Carol J. Lindsay, Esquire, and Mother,
Penny J. Rowe, was present pro se.
3.
The parties agreed to an Order in the form attached.
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ROGER E. ROWE,
Plaintiff
APR 2 0 2001 ~
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 2001-1476 CIVIL ACTION - LAW
PENNY J. ROWE,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, this J<3. day of ~ R', ~ ,2001, upon
consideration of the attached Custody Conciliat on Report, it is ordered and directed as
follows:
1. The prior Order of Court dated March 14, 2001 is hereby vacated.
2. The Father, Roger E. Rowe, and the Mother, Penny J. Rowe, shall have
shared legal custody of Nathan E. Rowe, born June 2, 1990 and Nichole M. Rowe, born
June 4, 1987. Each parent shall have an equal right, to be exercised jointly with the other
parent; to make allriiajor nort-emergencydecisions affecting the children' sgerieral well-
being including, but riot limited to,alldecisidnS 'regarding their health~education and
religion.
3. Father shall have primary physical custody of the children with Mother
having periods of partial physical custody as set forth as follows:
a. Alternating weekends from Friday at 8:00 p.m. to Sunday at 8:00 p.m.
beginning April 21, 2001. Said weekends shall be at the home of the
children's maternal grandparents unless otherwise agreed by the
parties.
b. Mother shall be entitled to two (2) non-consecutive weeks in the
summer. For this year, one week will be over the July fourth holiday.
Mother shall provide 30 days prior notice of the exercise of her
summer periods. However, prior to the exercise of Mother's summer
periods of physical custody, Mother shall provide Father with a current
address, home telephone number and photographs of her home,
including the sleeping arrangements for the children. Mother insures
that the children will have separate beds. In addition, during the
summer periods of physi'cal custody with 'Mother; the cli.ildten have
the right to contact Father at any time and request that thesiriiuner
visit terriiinate. If this occurs, Mother shall return the children to
Father as soon as practicable.
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c. Such other times as the parties agree.
4. During periods of partial physical custody, Mother is to insure that the
children will not be alone with Chuck Lentalsky or any other person that the children do
not know or are uncomfortable with.
5.
parties.
Mother shall provide all transportation unless otherwise agreed by the
6. The parties shall keep each other advised immediately relative to any
emergencies, medical or otherwise, concerning the children and shall, further, take any
necessary steps to ensure that the health and well being of the children is protected.
During such illness or medical emergency, each party shall have the right to visit the
children as often as he/she deems consistent with the proper medical care of the children.
7. The parties shall be entitled to reasonable telephone contact with the
children during the periods when the children are not in the custody of that party.
8. Neither party shall do anything that may estrange the children from the
other party, or injure the opinion of the children as to the other party, or may hamper the
free and natural development of the children's love or affection for the other party.
9. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
J.
cc: Carol J. Lindsay, Esquire - Counsel for Father,
Penny J. Rowe - Pro se
36 Canis Court
Swell, NJ 08080
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ROGER E. ROWE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: 2001-1476 CIVIL ACTION - LAW
PENNY J. ROWE,
Defendant
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley
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 Children who are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Nathan E. Rowe
Nicho1e M. Rowe
June 2, 1990
June 4, 1987
Father
Father
2. A prior Order of Court was entered by the Honorable Edgar B. Bayley on
March 14, 2001 on an Emergency Petition which prohibited either party from removing
the children from school or Pennsylvania.
3. A Conciliation Conference was held in this matter on April 18, 2001.
Father, Roger E. Rowe, was present with counsel, Carol J. Lindsay, Esquire, and Mother,
Penny J. Rowe, was present pro se.
3.
The parties agreed to an Order in the form attached.
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