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HomeMy WebLinkAbout01-04713ANTHONY R. LOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW 01-4713 CIVIL BETTY JANE LOWE, Defendant IN RE: PETITION FOR CHANGE OF JURISDICTION ORDER AND NOW, this / ~ ` day of September, 2003, a brief hearing on the within petition for change of jurisdiction is set for Friday, October 3, 2003, at 2:30 p.m. in Coumoom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~~ // Keu' A. Hess, J. /Barbara Wevodau, Esquire For the Plaintiff ~ ` ~ ~ p~~_I ~an Carey, Esquire p For the Defendant RCS :rlm O 9 - ~ ~] ,. { ; , , °J t~`~LI`~I'i'i~~'~ ~` _ Itl k~ i~,f r.~ r _,i..., .~ ., r.i ANTHONY R. LOWE Plaintiff v. BETTY JANE LOWE Defendant .. IN THE COURT OF COMMON PLEAS :. OF CUMBERLAND COUNTY, .. PENNSYLVANIA :: CIVIL ACTION-LAW :. NO. 01-4713 :. IN CUSTODX ORDER AND NOW, this day of , 2003, it is hereby ORDERED and DIRECTED that the Plaintiff's Petition for Change of Jurisdiction is hereby GRANTED. BY THE COURT: J. ".a ANTHONY R. LOWE :: IN THE COURT OF COMMON PLEAS Plaintiff :: OF CUMBERLAND COUNTY, .. PENNSYLVANIA v. BETTY JANE LOWE :. CNII. ACTION-LAW Defendant :. NO.Ol-4713 :: IN CUSTODY PETTTION FOR CHANGE OF JURISDICTION AND NOW, comes Plaintiff, Anthony R. Lowe, by and through his counsel, Barbara L. Wevodau, Esquire, to petitign this Honorable Court for a change in jurisdiction pursuant to Title 23 Sections 5341-5344 and Defendant offers the following in support thereof: 1. Plaimiff, ANTHONY R. LOWE, is the natural father of the minor children and currently resides to 4 Ann Street, Duncannon, Perry County, Pennsylvania. 2. Defendant, BETTY JANE LOWS, is the natural mother of the minor children and currently resides at 120 B. West North Street, Carlisle, Cumberland County, Pennsylvania. 3. The minor children are ERICA LOWE, born January 5, 1991; SHAWN LOWE, born April 11, 1993 and MEGAN LOWE, born July 11, 1996. 4. This Honorable Court granted FatherlANTHONY R. LOWE, primary physical custody of the minor children on September 1Q 2001. (See attached Exhibit "A"). 5. The minor children have been residents of Perry Courtly for over six months. 6. Defendant has filed a Petition for Modification in Cumberland County. Plaimiff avers that it is in the best imerest of the minor children for the Court of Common Pleas of the 41~ Judicial District, Peny County to assume jurisdiction of the custody case because Perry County has been the home county of the children for more than six months and the children have a significant connection with Perry Coumy. ..,~, WHEREFORE, the Plaintiff respectfully requests that this Honorable Court grant the transfer of Jurisdiction to the Court of Common Pleas for the 41 ~` Judicial District, Perry County. Respectfully Submitted, ttorney for Plainrtiff Barbara L. Wevodau, Esq. Supreme ID #85673 P.O. Box 459 New Bloomfield, PA 17068 (717)582-8883 Date: ,, ANTHONY R LOWE .: IN THE COURT OF COMMON PLEAS Plaintiff . ~ OF CUMBERLAND COUNTY, :: PENNSYLVANIA v. BETTY JANE LOWS :: CIVJI. ACTION-LAW Defendant :: NO.OI-4713 :: IN CUSTODY CERTIFICATE OF SERVICE I, BARBARA WEVODAU, ESQUIRE, hereby certify that, on this date, a true and correct copy of the foregoing Petition for Change of Jurisdiction was served upon JOAN CAREY, Attorney for Defendam, in the above-captioned matter, by mailing via first class mail with postage prepaid and mailed from the New Bloomfield Post Office, Pennsylvania, to the following address: Joan Carey, Esq. MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 Date: Attorney for Plaintiff Barbara L. Wevodau, Esq. Supreme Court ID # 85673 26 East Main Street P.O. Box 459 New Bloomfield, PA 17068 {717) 582-8883 ANTHONY R. LOWS, ; IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : 01-4713 CIVIL ACTION LAW BETTY JANE LOWE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /U '~' day of -~J'<...C./ 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Anthony R. Lowe, and the Mother, Betty lane Lowe, shall have shared legal custody of Erica Lowe, born 7anuazy 5, 1941, Shawn Lowe, born April 11, 1993, and Megan Lowe, bom July 11, 1996. 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. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have supervised physical custody of the Children as arranged by agreement of the patties. 4. The Mother may file a Petition with the Court to request the scheduling of an additional Custody Conciliation Conference to review the custody arrangements, if necessazy. BY THE COURT, Cc: Matthew D. Strohm, Esquire -Counsel for Father Betty Jaue Lowe, Mother .~~`° 'rv~"d `~' j~ ~Uf ~' ~ X ~ ~ ~ 1T "At ANTIIONY R. LOWS, Plaintiff vs. BETTY JANE LOWE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4713 CIVIL ACTION LAW IN CUSTODY CUSTODY.CONCIL•IATION SUNEl!•L'iRY IT.EI'OR3' IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information conceniug the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Erica Lowe January 5, 1991 Shawn Lowe Apri111,.1993 Megan Lowe July 11, 1996 CURRENTLY IN CUSTODY OF Father Father Father 2. A Conciliation Conference was held on September 5, 2001, with the following individuals in attendance: The Father, Anthony R. Lowe, with his counsel, Matthew D. Strohm, Esquire, The Mother, Betty Jane Lowe, did not appeaz for the Conference and is not represented by counsel. 3. The Father filed tla$s Peti-.ion seeking prhnary pirysical custody of the Children, who have been living with him since the beginning of August 2001. The Father did not know if the Mother has olatained a residence as recently she had been living wi~b friends at the Shernians Creek hm. According to the Father, the Children have not seen the Mother for almost five weeks. hi early August, a relative of the Mother's boyfriend called the Father and requested that he pick up the Children as the Mother was not available to care for them. The Father stated that the parties' sou Shawn, ]sad been sexually abused by the Mother's former boyfiiend. The Father believes that the Mother is currently unable to grovide appropriate caze for the Children. The Father indicated that the Mother had contacted lum the morning of the Conference to obtain directions to the Conciliator's office and, therefore, the Father did not lmow why the Mother did not attend. 4. Based upon representations xuade by the Father at the Confereuce and the fact that the Mother had notice of the Conference but did not attend, the Conciliator recommends an Order ui the form as attached. 1/~~J`~.-./~ DATE ~~~~ '~~~ DarTni S. Sunday, Esquire Custody Conciliator c°> c ,.. -_, :n .~,~:_ ~ T m;,; ~~;~ ~~' !. `. ~. ~ - u, : _ r._ r ..- t- c. -'. _; . ~~ ~ -_ 5s c..' ~ . c. .. c -mac ~~ . p~^~®Wr .. 4!4~~?~•^~+i Y-s1 I s ~; _-~.~~ .•~;.-: ,x .'~:nr. 1 3 r :?x~F~,t"'v!`^FN-~.. ...,,, N9 ... ". 'v /~ . ANTHONY R. LOWS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 01-4713 CIVIL ACTION LAW BETTY JANE LOWE DEFENDANT .. IN CUSTODY AND NOW, Tuesday, August 12, 2003 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September O4, 2003 at 10:00 AM for aPre-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 said 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/ Dawn S Sunda, Esp. ~- 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 an-angements 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 ~~~~ ~ If~L' ~~ c~E~~' i"~~1' z 1. ~ ~~ ~ ~ ~ iA't1Y .-;. C,~ ~~:~ ~, _~',; Chid ~<<V~~~~~~`~~~iv,r~ hrl~~~~ ~s~f~~'1~i/~ ~~/3 • Cj3 ~~,~,~~,' ~ G Ste. ~/.~ -D.~ `77 tiff ~ ~` ~U ~~ ANTHONY R. LOWS, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF vs. BETTY JANE LOWE, Defendant/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA D/- 1/7[3 NO. ~ 4~3'n`',IVIL TERM CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of , 2003, at _ .m., for aPre-Bearing 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. By the Court, Date: Dawn S. Sunday, Custody Conciliator YOU SHOULD TAKE TffiS 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 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 accommodations available to disabled individuals having business before the court, Pease 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. ANTHONY R. LOWE, :IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO.OI-4351 CIVIL TERM BETTY JANE LOWE, :CUSTODY Defendant/Petitioner PETITION FOR MODIFICATION Respondent, Betty Jane Lowe, by and through her counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant, Betty Jane Lowe, hereinafter referred to as the mother, who currently resides at 120 B West North Street, Carlisle, PA 17013. 2. Respondent is the above-named Plaintiff, Anthony R. Lowe, hereinafter referred to as the father, who resides at 4 Ann Street, Duncannon, PA 17020. 3. The above-named parties are the natural parents of Erica Lowe, born January 5, 1991, Shawn Lowe, born April 11, 1993, and Megan Lowe, born July 11, 1996. 4. An Order of Court was entered on September 10, 2001, which granted the parties shared legal custody. The father was granted primary physical custody of the children, and the mother was granted supervised physical custody as arranged by agreement of the parties. A copy of the Order is attached as Exhibit "A" and incorporated herein by reference. 5. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a) In or around October 2001, the parties agreed that the mother have partial physical custody of the parties' minor children on alternating weekends. b) In or about July 2002, the father denied the mother her regularly scheduled weekend periods of custody without any explanation to the mother. c) Since July 2002, the mother has maintained regular telephone communication with the children, calling them 3-4 times a week. d) The mother has established a stable and safe home for herself and her children in Carlisle, Pennsylvania. e) The mother has concerns regarding the father's supervision of the parties' minor children when they are in the presence of his current girlfriend's son. Perry County Children & Youth have been contacted and they are currently investigating the allegations. fj Reestablishing regular periods of custody with the mother will allow the children to spend quality time with her. g) The parties' minor children have a strong emofional bond with their mother and wish to have more contact with her. h) The father has not acted in the children's best interest by denying the mother quality time with the children. WHEREFORE, the petitioner respectfully requests this Court to grant the following relief: a) Grant the mother shared custody. b) Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Joan Carey Attorney for Defendan Petitioner MIDPENN LEGAL SERVICES 8 Irving Row Carlisle, PA 17013 ,... _. ~- VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition aze true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Dated: CI>/LU-r.~ c~- n'l U' O' ~ ,6t-~i1/~~" ~' ~`-c-r~2 Betty Jane we, Plaintiff ANTHONY R. LOWS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4713 CIVIL ACTION LAW BETTY JANE LOWE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /U fi day of .!-~.~l-w„4/ 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Anthony R. Lowe, and the Mother, Betty Jane Lowe, shall have shared legal custody of Erica Lowe, born January 5, 1991, Shawn Lowe, born April 11, 1993, and Megan Lowe, born July 11, 1996. 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. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have supervised physical custody of the Children as arranged by agreement of the parties. 4. The Mother may file a Petition with the Court to request the scheduling of an additional Custody Conciliation Conference to review the custody arrangements, if necessary. BY THE COURT, 7. Cc: Matthew D. Strohm, Esquire -Counsel for Father w~a<.~d Betty Jane Lowe, Mother /"- ' ~X ~1 C ~ IT ``~11 ANTHONY R. LOWE, Plaintiff vs. BETTY JANE LOWS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4713 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BHiTH CURRENTLY IN CUSTODY OF Erica Lowe January 5, 1991 Father Shawn Lowe Apnil 11, 1993 Father Megan Lowe July 11, 1996 Father 2. A Conciliation Conference was held on September 5, 2001, with the following individuals in attendance: The Father, Anthony R. Lowe, with his counsel, Matthew D. Strohm, Esquire. The Mother, Betty Jane Lowe, did not appeaz for the Conference and is not represented by counsel. 3. The Father filed this Petition seeking primary physical custody of the Children, who have been living with him since the beginning of August 2001. The Father did not know if the Mother has obtained a residence as recently she had been living with friends at the Shermans Creek Inn. According to the Father, the Children have not seen the Mother for almost five weeks. Iu early August, a relative of the Mother's boyfriend called the Father and requested that he pick up the Children as the Mother was not available to caze for them. The Father stated that the parties' son Shawn, had been sexually abused by the Mother's former boyfriend. The Father believes that the Mother is currently unable to provide appropriate care for the Children. The Father indicated that the Mother had contacted him the morning of the Conference to obtain directions to the Conciliator's office and, therefore, the Father did not know why the Mother did not attend. 4. Based upon representations made by the Father at the Conference and the fact that the Mother had notice of the Conference but did not attend, the Conciliator recommends an Order in the form as attached. DATE ~.~- i.~ Dawn S. Sunday, Esquire Custody Conciliator `T ANTHONY R. LOWE, Plaintiff/Petitioner vs. BETTY JANE LOWE, Defendant/Respondent . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY N0. 01-4713 CIVIL AFFIDAVIT OF MAILING ','COMMONWEALTH OF PENNSYLVANIA 'I COUNTY OF CUMBERLAND ss .. Matthew D. Strohm, Esquire, attorney for Plaintiff/Petitioner, being duly sworn according to law, says that he mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiff's Custody Complaint in this action to the Defendant/Respondent, Betty Jane Lowe, at her residence, and that Defendant/Respondent did receive same as evidenced by the signed receipt dated August 11, 2001 attached hereto as Exhibit "A". ~ ~ _ Matthew D. Strohm, Esquire Attorney for Plaintiff 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscr~'bed befor methis /y day of _L~ // , 2001. .,,. d SENDER: ~ I also Wish to receive the follow- .~ m ^ Complete itema t and/or z for adNllonel services. ing services (for an extra fee): d Complete items 3, 4a, and 4b. - _,_. o Pdnt your name and address an the reverse of this form so that we can return this m -card to ou. 1. ~ Addressee's Address -o m ^ Attach this form td;the front of the mvlpiece, or on the back N space does not permit 2. ~ Restricted Delivery ~+ ^ Wnte 'Return Receipt Requested'on the mailpiece below the adicle number. ~ O The Return Receipt wiA show to whom the elide was delivered and \he dale ~. o delivered. m v m 3. Artcle Addressed to: 4a. Article Number ~ a ' Betty Jane Lowe- 7000 0600 0025 5540 2202 E' e ~ C/O Fa4.th Fuller 4b. Service Type m x o ry; ^ Registered Certified 't R. D. ~1 Highway 8b0 ^Express Mail ^Insured . BOX 23' ~ ^ Rehm Receipt for Merchandise ^COD ~ ~ S Y 1 -~ 047 r ~ 7. Date of Delivery ~•J~~~ o. ~~ - ~ T' 5 Re rued s:, ` tNa ) B.Addressee's Address (Only r/regr<estadand W tee is paid) ~ ° 6. Si na1,u~~~(Apldressee or Agent) a. T T N PS Form 3811, December 1994 tozsa- ,}gYts Domestic Return Receipt ~~~, EXHIBIT "A" ~~.. c'? c ~ - ~, --- `-' ~,~-~ ~~, tnr~;. - -~ ~_ ;;~ G.I ^J - G~1°, .r iV ~~[__ _ ~~- _~ ~ 2(J -~~(l'~ C ~r~ S ~,. _ i . _ y: ~ J:,? . W4~A~rc ~i~ ~. N .._ :.r_ II 4_'q:z=a v t -sr ~y .aPr'iq ,~ AUG 1 0 20~Di ~ r~ ~~ ,, ANTHONY R. LOWE, Plaintiff/Petitioner vs. IN THE COURT OF CUMBERLAND PENNSYLVANIA OF COMMON PLEAS COUNTY CIVIL ACTION - CUSTODY BETTY JANE LOWE, p ~ ~' ~~( ~ ~ a _ n Defendant/Res ondent NO. EMERGENCY ORDER OF COURT AND NOW, 2001, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2001, at _.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator 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 accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must by made at least 72 hours prior to any hearing or business before the court. You must attend 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ~, ANTHONY R. LOWE, Plaintiff/Petitioner vs. BETTY JANE LOWE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY N0. EMERGENCY ORDER OF COURT AND NOW, this day of 2001, upon consideration of the attached Emergency Petition for Custody, physical custody of the minor children, Erica Lowe, Shawn Lowe, and Megan Lowe, is immediately granted to Plaintiff/Petitioner pending a hearing on the Emergency Petition for Custody scheduled for , the day of 2001, at o'clock _.m., in (Court Room Number of the Cumberland County Court House.) FOR THE COURT, By: J. ( ,~ ANTHONY R. LOWE, Plaintiff/Petitioner vs. BETTY JANE LOWE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY N0. EMERGENCY ORDER OF COURT AND NOW, 2001, upon consideration of the attached Emergency Petition for Custody, a hearing is scheduled for , the day of , 2001, at o'clock ,.m., in (Court Room Number of the Cumberland County Court House.) FOR THE COURT, By: J. ~ ~ L ANTHONY R. LOWE IIQ THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BETTY JANE LOWE • 01-4713 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Weduesday, August 15, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Suuday, Esq. ,the conciliator, at 39 West Maiu Street, Mechanicsburg, PA 17055 on Wednesday, September O5, 2001 at 1:00 p.m. for aPre-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/ Dawn S. Sunda, 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 informafion 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (71.7) 249-3166 1 ~~~°-~ ~ ~'~' ~~ ill. ~f, 3 " ~ ~~~'~"~'`~-yam, ic~y/~, ~~~ ~ ~ J ~ rv ~~~ ANTHONY R. LOWE, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY BETTY JANE LOWE, Defendant/Respondent / N0. DI~L+-~13 ~~~~~~Q ~-.cN"`.CJ N O T I C E T O D E F E N D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 Court House Fourth Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 '1 Matthew D. Strohm, squire Attorney for Plaintiff ANTHONY R. LOWE, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVI/L~ ACT ZION - CUSTO~DY(~ BETTY JDefendant/Respondent N0. (,j I `~i~I~ C(~~'C..>' EMERGENCY PETITION FOR CUSTODY 1. Plaintiff/Petitioner is Anthony R. Lowe, father of the children, residing at 4 Ann Street, Duncannon, Perry County, Pennsylvania 17020. 2. Defendant/Respondent is Betty Jane Lowe, mother of the children, residing at R. D. #1, Highway 850, Box 236, Loysville, Perry County, Pennsylvania 17047. 3. The children are Erica Lowe, ten (10) years of age, Shawn Lowe, eight (8) years of age, and Megan Lowe, five (5) years of age and presently reside with Plaintiff/Petitioner, Anthony R. Lowe, at 4 Ann Street, Duncannon, Perry County, Pennsylvania 17020. 4. Plaintiff/Petitioner seeks custody of the following children: Name Present Residence Age Erica Lowe 4 Ann Street 10 years old Duncannon, PA 17020 Shawn Lowe 4 Ann Street 8 years old Duncannon, PA 17020 Megan Lowe 9 Ann Street 5 years old Duncannon, PA 17020 ~ .~ 5. During the past five years, the children have resided with the following persons at the following addresses: Persons Anthony R. Lowe Betty Jane Lowe Erica Lowe Shawn Lowe Megan Lowe Addresses R. D. Box 298 New Bloomfield, PA 17068 Bobby Moyer (Boyfriend) Anna G. Moyer (Boyfriend's Grandmother) Betty Jane Lowe R. D. #2 Erica Lowe Landisburg, PA 17040 Shawn Lowe Megan Lowe Anthony R. Lowe 1107 Yverdon Drive Betty Jane Lowe Apartment A-2 Erica Lowe Camp Hill, PA 17011 Shawn Lowe Megan Lowe Anthony R. Lowe 4 Ann Street Erica Lowe Duncannon, PA 17020 Shawn Lowe Megan Lowe Betty Jane Lowe 1107 Yverdon Drive Erica Lowe Apartment A-2 Shawn Lowe Camp Hill, PA 17011 Megan Lowe Betty Jane Lowe 29 Ridge Avenue Erica Lowe Enola, PA 17025 Date July 1990 to December 4, 1999 December 4, 1999 to February 7, 2000 February 07, to February 04, 2000 2001 February 04, 2001 to Present (During periods of custody) February 04, 2001 to February 28, 2001 February 28, 2001 to July 2001 Shawn Lowe Megan Lowe Betty Jane Lowe Erica Lowe Shawn Lowe Megan Lowe Unknown locations Bobby Moyer (Boyfriend) Anna G. Moyer (Boyfriend's Grandmother Betty Jane Lowe R. D. #2 Erica Lowe Landisburg, PA 17040 Shawn Lowe Megan Lowe Betty Jane Lowe (Unknown street address) Erica Lowe Halifax, PA 17032 Shawn Lowe Megan Lowe Bobby Moyer (Boyfriend) Faith Fuller (Boyfriend's Sister) Betty Jane Lowe R. D. #1, Highway 850 Erica Lowe Box 236 Shawn Lowe Loysville, PA 17047 Megan Lowe Anthony R. Lowe Erica Lowe Shawn Lowe Megan Lowe 4 Ann Street Duncannon, PA 17020 (Evicted - non-payment of rent and utilities) July 03, 2001 to July 16, 2001 July 16, 2001 to July 27, 2001 July 27, 2001 to July 31, 2001 July 31, 2001 to August 3, 2001 August 3, 2001 to Present 6. Since February 04, 2001, Plaintiff/Petitioner has had periods of physical custody of the minor children on alternating weekends, alternating holidays and one (1) week out of the summer. 7. Plaintiff/Petitioner is seeking primary physical custody of the children because Defendant/Respondent, Betty Jane Lowe, is unable to provide a permanent and stable home for the children, the minor children are in danger of physical harm from Bobby Moyer, and she is unable to provide the minor children needed medical care. 8. Since December of 1999, Defendant/Respondent, Betty Jane Lowe, has lived in at least eight (8) different residences, some of which were for only one (1) week or less. At this time she is living between two (2) temporary residences. 9. Defendant/Respondent, Betty Jane Lowe, is residing with her boyfriend, Bobby Martin, who recently was released from prison. 10. Currently Defendant/Respondent, Betty Jane Lowe, Bobby Moyer, and the children stay at his sister's, (Faith Fuller) home during the day and then walk two and one half (2 1/2) miles to his grandmother's (Anna G. Moyer) home to spend the night. 11. Defendant/Respondent, Betty Jane Lowe, is unable to provide separate bedrooms for the children to sleep. Currently, both adults, and the three (3) children sleep in one (1) bedroom. The children sleep on the floor while Defendant/Respondent, Betty Jane Lowe, and Bobby Moyer sleep together in a bed. 12. Megan Lowe has told Plaintiff/Petitioner that she observed Defendant/Respondent, Betty Jane Lowe, and Bobby Moyer having sexual intercourse while in the same bedroom as the children. 13. Defendant/Respondent, Betty Jane Lowe, has quit the last two (2) jobs that she has had. She has no financial means to support the children other than child support. 14. Plaintiff/Petitioner is paying Defendant/Respondent, Betty Jane Lowe, six hundred ($600.00) dollars per month in child support, but he does not believe the money is being used to support the children as evidenced by mother's eviction for failing to pay rent, her failing to see the children have medical. I, attention, and the children not having beds to sleep in. 15. The children are in need of medical care. Shawn and Eric both need treatment for "lazy eye." Megan needs to be seen by a dentist in preparation for Kindergarten. Shawn is currently taking the medication, Conserta, which is similar to Ridilin. The last that Shawn was given any of the medication was July 03, 2001, because Defendant, Betty Jane Lowe, is unable to provide the medication for Shawn. 16. Plaintiff/Petitioner, Anthony R. Lowe, alleges that the current live-in boyfriend, Bobby Moyer, has on more than one j occasion physically abused Shawn by stepping on his bare foot ~ while he was wearing cowboy boots, and in January of 2000 by pulling on Shawn's head. 17. Erica has been a witness to the boyfriend, Bobby Moyer, threatening to kill Plaintiff/Petitioner, Anthony R. Lowe, because he stopped to pick-up the children while they were walking along the roadway en route between Bobby Moyer's sister's (Faith Fuller) home and his grandmother's (Anna G. Moyer) house. 18. The children need registered for the fall term of school. Defendant/Respondent, Betty Jane Lowe, has no permanent address to do so, while Plaintiff/Petitioner, Anthony R. Lowe, does. 19. Plaintiff/Petitioner, is employed full time and has a permanent residence. 20. Plaintiff/Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the minor children in this or another court. 21. Plaintiff/Petitioner has no information of a custody proceeding concerning the minor children pending in a court of this Commonwealth. 22. Plaintiff/Petitioner does not know of a person not a party to the proceedings who has physical custody of the minor children or claims to have custody or visitation rights with respect to the children. 23. The best interest and permanent welfare of the minor children will be served by granting the relief requested. WHEREFORE, Plaintiff/Petitioner respectfully requests this Court to grant him primary legal and primary physical custody of the minor children. Respectfully submitted, DISSINGER AND DISSINGER BY~ t~l ~~~L//~ Matthew D. Strohm, Esquire Attorney for Petitioner ID # 76724 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Anthony R. Lowe, verify that the statements made in the foregoing Emergency Petition for Custody 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. Anthon Lowe, Plaintiff ANTHONY R. LOWE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY BETTY JANE LOWE, Defendant N0. CERTIFICATE OF SERVICE I, Matthew D. Strohm, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the Defendant, Betty Jane Lowe, by certified, restricted mail, return receipt requested addressed as follows: Betty Jane Lowe C/O Faith Fuller R. D. #1, Highway 850 Box 236 Loysville, PA 17047 Date • ~~ ~/ ~ ~ ~ ~ ~~~~ti,i%/~ Matthew D. Strohm ~~ (~ c ) _Tt ~. ~~ ~t~ ~ ~ ~.J~y '~< cr ~s d aFawe.etweo- rwzmn~nea~v - _. --~~~tr la exr ,,._„ cants .artt~=v~€~«uaaia:;ag~q~? ,. ANTHONY R. LOWE, Plaintiff vs. BETTY JANE LOWE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4713 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /O 'r day of .~~.o~'c,,,.~/ 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Anthony R. Lowe, and the Mother, Betty Jane Lowe, shall have shared legal custody of Erica Lowe, born January 5, 1991, Shawn Lowe, bom April 11, 1993, and Megan Lowe, born July 11, 1996. 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. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have supervised physical custody of the Children as arranged by agreement of the parties. 4. The Mother may file a Petition with the Court to request the scheduling of an additional Custody Conciliation Conference to review the custody arrangements, if necessary. BY THE COURT, 1. Cc: Matthew D. Strohm, Esquire -Counsel for Father 9 9~w~ Betty Jane Lowe, Mother •~-'~ ~' ,~- ~~ ~~~~~I~~y~~N3d '~b~~G,+~,~~_ ~f ~'~51C1 Fl„i~J,.. a r ~' ~_,_,~~ ..., ANTHONY R. LOWE, Plaintiff vs. BETTY JANE LOWE, Defendant .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4713 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 Children who aze the subjects of this litigation is as follows: NAME DATE OF BIRTH Erica Lowe January 5, 1991 Shawn Lowe April 11, 1993 Megan Lowe July 11, 1996 CURRENTLY IN CUSTODY OF Father Father Father 2. A Conciliation Conference was held on September 5, 2001, with the following individuals in attendance: The Father, Anthony R. Lowe, with his counsel, Matthew D. Strohm, Esquire. The Mother, Betty Jane Lowe, did not appear for the Conference and is not represented by counsel, 3. The Father filed this Petition seeking primary physical custody of the Children, who have been living with him since the beginning of August 2001. The Father did not know if the Mother has obtained a residence as recently she had been living with friends at the Sherrnans Creek Inn. According to the Father, the Children have not seen the Mother for almost five weeks. In early August, a relative of the Mother's boyfriend called the Father and requested that he pick up the Children as the Mother was not available to care for them. The Father stated that the parties' son Shawn, had been sexually abused by the Mother's former boyfriend. The Father believes that the Mother is currently unable to provide appropriate care for the Children. The Father indicated that the Mother had contacted him the morning of the Conference to obtain directions to the Conciliator's office and, therefore, the Father did not know why the Mother did not attend. .,. 4. Based upon representations made by the Father at the Conference and the fact that the Mother had notice of the Conference but did not attend, the Conciliator recommends an Order in the form as attached. „~,~.h.eir l T~ DATE Dawn S. Sunday, Esquire J Custody Conciliator Anthony R. Lowe, Plaintiff/Respondent v. Betty Jane Lowe, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4713 CIVIL TERM Defendant/Petitioner :CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Betty Jane Lowe, Plaintiff, to proceed in forma au eris. I, Joan Carey, attorney for the party proceeding in forma an uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Joan Carey Attorney for Plainti MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 l: P^ G'; -- G9 J. f,J __ +"- ~~ ~ 1 ~ ~- ~ ~~ ~.~ - ~1 ` ~. -7 .Y ANTHONY R. LOWS :: IN THE COURT OF COMMON PLEAS Plairniff :: OF CUMBERLAND COUNTY, .. PENNSYLVANIA v. BETTY JANE LOWE :: CIVIL. ACTION-LAW Defendant :: NO. O1-4713 :. IN CUSTODY PRAECIPE TO ENTER. APPEARANCE AND NOW, Barbara L. Wevodau, Esquire, hereby enters her appearance for the Plaimiff in the above-captioned case. Date:~~_ /~ Barbara L. We odau, Esq. Supreme Court ID # 85G73 P.O. Box 459 New Bloomfield, PA 17068 (717)582-8883 :~ ;~ .~, '"~ C l ~~^ _ U? ~-- ~ ;~., i._. ~ ,. ~. i~ -i G . ; ~ ~ "~_ 6~ ANTHONY R. LOWE, Plaintiff V. BETTY JANE LOWE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-4713 CIVIL TERM IN RE: PETITION FOR CHANGE OF JURISDICTION ORDER OF COURT AND NOW, this 3rd day of October, 2003, the within Petition for Change of Jurisdiction is denied, without prejudice to the plaintiff to raise the issue in the future. By the Court, ~,~/'^" ~. Hess, Barbara Wevodau, Esquire 26 East Main Street P.O. Box 459 New Bloomfield, PA 17068 For the Plaintiff /Joan Carey, Esquire '~ MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 For the Defendant :mae J~ 11R~//s~~ ~Q ®CO- cs,~ -.~M~,. ,,,,.~.. ail ~.~ ~. Z~ ~1!'y.t' ~.., x:10 ~`' ~;_ !Ia ~ iw.~..^ ,.. ANTHONY R. LOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4713 CIVIL ACTION LAW BETTY JANE LOWS Defendant IN CUSTODY ORDER OF COURT AND NOW, this /S~ day of '~r.~i..~kv- 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 10, 2001 is vacated and replaced with this Order. 2. The Father, Anthony R. Lowe, and the Mother, Betty Jane Lowe, shall have shared legal custody of Erica Lowe, bom January 5, 1991, Shawn Lowe, born April 11, 1993, and Megan Lowe, born July 11, 1996. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children on alternating weekends, beginning December 12, 2003, from Friday at 7:00 pm through Sunday at 6:00 pm. The parties shall cooperate in adjusting the specific times for exchanges by agreement if appropriate. 5. The parties shall share or alternate having custody of the children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 8:00 pm through Christmas Day at 5:00 pm, and Segment B which shall run from Christmas Day at 5:00 pm through December 26 at 5:00 pm. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. ~~~n~ksNMa k~!nc~~ njti ~~=~wn~ i ~ i i ~:ii ^ ! ;117 ~a .~ In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In 2003, the Mother's period of holiday custody shall extend through January 2na at 7:00 pm. In future years, the parties shall make arrangements for custody of the Children during their extended school break by agreement. B. THANKSGIVING: In every yeaz, the Father shall have custody of the Children on Thanksgiving Day from 9:00 am unti13:00 pm and the Mother shall have custody from Thanksgiving Day at 3:00 pm through the Friday following Thanksgiving at 7:00 pm. C. EASTER: The parent who does not have custody of the Children under the regular schedule over the Easter weekend, shall have a period of custody on Easter from 3:00 pm unti17:00 pm. D. MEMORIAL/ LABOR DAY: In every yeaz, the Mother shall have custody of the Children for the entire Memorial Day weekend from Friday at 7:00 pm through the holiday at 6:00 pm. In every year, the Father shall have custody of the Children over the Labor Day weekend through the holiday. In the event the Mother would have custody of the Children under the regular alternating weekend schedule over Labor Day, the Mother shall have custody from Friday at 7:00 through Saturday at 6:00 pm, when the Father's holiday period of custody shall begin. Otherwise, there shall be no adjustment for missed periods of custody due to the holiday unless otherwise agreed between the parties. E. JULY 4a': The period of holiday custody on July 4`h shall run from 9:00 am until after the fireworks. The Mother shall have custody of the Children on July 4s' in even numbered years and the Father shall have custody in odd numbered years. F. REMAINING HOLIDAYS: The parties shall have custody of the Children over the remaining holidays as arranged by agreement. G. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. The Mother shall be entitled to have custody of the Children during each summer school break for two non-consecutive weeks upon providing at least thirty days advance notice to the Father. Unless otherwise agreed between the parties, the Father shall schedule any periods of summer vacation during the time periods between the Mother's alternating weekend periods of custody. 7. The Mother shall provide all transportation for exchanges of custody unless otherwise agreed between the parties. 8. Each party shall ensure that the other party has his or her current address and telephone number at all times. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other pazent, or hamper the free and natural development of the Children's love and respect for the other pazent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. 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: Bazbara L. Wevodau, Esquire -Counsel for Father Jennifer Hoffinan, Esquire - Counsel for Mother ia.~.~o~ ~` ,. ~~ BY THE COURT, ANTHONY R. LOWE, Plaintiff vs. BETTY JANE LOWE Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4713 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEAURE 1915.3-8, the undersigned Custody Conciliator submits'the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Erica Lowe January 5, 1991 Father Shawn Lowe April 11, 1993 Father Megan Lowe July 11, 1996 Father 2. A Conciliation Conference was held on December 10, 2003, with the following individuals in attendance: The Father, Anthony R. Lowe, with his counsel, Bazbaza L. Wevodau, Esquire, and the Mother's counsel, Jennifer Hoffinan, Esquire. The Mother, Betty Jane Lowe, did not attend the conference or contact the conciliator. 3. The parties agreed (the Mother, through counsel) to entry of an Order in the form as attached. ~uQxJ~er / It 300.3 ~ -~`-~. Date Dawn S. Sunday, Esq 're Custody Conciliator