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HomeMy WebLinkAbout01-05491?[ f RICHARD L. SINGER IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 01-5491 CIVIL ACTION LAW V. RITA E. ROWLES DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, September 24, 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, October 24, 2001 at 1:30 p.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. 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/ Jacqueline M. Verney Esgo- 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 n - ?kyk.-pM .mow=, n1r.. -, o atiaw?z.-uniusti,An.rLUrw... _ .. Y?... tii?r?n?asn???7d Y I SEP r 1 RICHARD L. SINGER, Plaintiff V. RITA E. ROWLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 41-5zf / l nNjt l :CUSTODY ORDER OF COURT AND NOW, this day of 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Esquire, 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, Custody Conciliator By: 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 RICHARD L. SINGER , Plaintiff V. RITA E. ROWLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW : NO CIVIL TERM . D1 6q9! : IN CUSTODY COMPLAINT FOR CUSTODY NOW, comes the plaintiff, Richard L. Singer, by his attorney, Harold S. Irwin, III, Esquire, and presents the following petition for custody, representing as follows: 1. The plaintiff is Richard L. Singer, an adult individual residing at 51 County Line Lane, Newburg, Cumberland County, Pennsylvania 17240. 2. The defendant is Rita E. Rowles, an adult individual residing at 113 East Main Street, P.O. Box 3, Newburg, Cumberland County, Pennsylvania 17240. 3. Plaintiff seeks custody of the following child: Name Present Residence AA e Hunter R. Rowles 113 East Main St, P.O. Box 3 3 years, 10 months Newburg, PA 17240 D.O.B. 11/11/97 4. Plaintiff and defendant are the natural parents of the child. 5. The child was born out of wedlock. 6. The child is presently in the custody of defendant and has resided with defendant since his birth. 7. The parties have never been married. 8. The mother of the child is currently single. 9. The father of the child is currently single. 10. 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. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested herein because the defendant has engaged in dangerous and reckless behavior that has endangered the life of the child. 14. Defendant was involved in an automobile accident on or about September 7, 2001. 15. Defendant was charged with driving under the influence of alcohol following the accident by the Pennsylvania State Police from the Chambersburg Barracks. 16. The child and another child of the defendant were passengers in the car at the time of the accident and custody of the children was given to friends of the defendant while defendant was treated for her injuries sustained in the accident. 17. Upon information and belief, defendant has already been convicted for driving under the influence of alcohol and, as a result, was enrolled in the Accelerated Rehabilitative Disposition program and sentenced to a period of probation. 18. Upon information and belief, defendant may face incarceration if convicted of the second charge of driving under the influence of alcohol. 19. Plaintiff has paid support for the care and maintenance of the child since shortly after the child's birth. 20. Plaintiff has not been given an opportunity to even see the child since approximately six months after his birth. 21. Plaintiff has made numerous attempts to have visitation with the child and defendant has refused plaintiffs requests. 22. Plaintiffs last attempt to visit with the child approximately six months prior to the filing of the instant matter. 23. Plaintiff has two (2) other children and is a competent parent and provider. 24. Plaintiff maintains a stable household and environment within which to raise the child. 25. Plaintiff is gainfully employed as a construction worker in Cumberland County and has sufficient means to care for the welfare of the child. WHEREFORE, for the reasons set forth herein, plaintiff, Richard L. Singer, respectfully requests that the Court enter an order granting legal and physical custody of the child to the plaintiff. Respectfully submitted, SeptemberZ , 2001 HAROLD S. IRWIN, III, SQUIF Attorney for Petitioner 35 East High Street, Suite 202 Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 82585 VERIFICATION I do hereby verify that the facts set forth in this complaint 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. September, 2001 viv-a Richard L. Singer ktr c ? b T J i 4' rJ NOV 15 2001 RICHARD L. SINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001 - 5491 CIVIL TERM RITA E. ROWLES, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this za' day of Nord-4, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Richard L. Singer, and the Mother, Rita E. Rowles, shall have shared legal custody of Hunter R. Rowles, born November 11, 1997. 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 their health, education and religion. 2. Mother shall have primary physical custody of the child. Father shall have the following phased in periods of partial physical custody: Phase 1: Beginning the first three weekends in December, 2001 from Friday at 5:30 p.m. to Saturday at 8:00 p.m., when Father shall return the child to Mother. Father shall have physical custody again on Sunday from 9:00 a.m. to 6:00 p.m. Father shall also have physical custody of the child every Wednesday from 5:00 p.m. to 8:00 p.m. Phase 2: Assuming the child has adjusted to the overnights provided for in Phase 1, Father shall have physical custody of the child the first three weekends of January, February and March, 2002, from Friday at 5:30 p.m. to Sunday at 6:00 p.m. Father shall also have physical custody of the child every Wednesday from 5:00 p.m. to 8:00 p.m. In the event the child has not adjusted to overnights, Phase 1 schedule shall continue until the parties agree that the child has adjusted. 4. The Thanksgiving holiday shall be split such that Mother shall have physical custody of the child until 2:00 p.m. and Father shall have physical custody of the child from 2:00 p.m. to 8:00 p.m. 5. Father shall have physical custody of the child from 9:00 a.m. to 9:00 p.m. on December 24, 2001. 6. Father shall provide transportation except on holidays when transportation shall be as agreed by the parties. 7. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 8. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. 9. 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 Conciliation Conference is scheduled for March 13, 2002 at 8:30 a.m. BY THE COURT, J. cc: Nathan Wolfe, Esquire, Counsel for Father Joan Carey, Esquire, Counsel for Mother « /nom t"L"1 ?? -.2 /- 01 VhNklla,C,,,%7d RICHARD L. SINGER Plaintiff V. RITA E. ROWLES, Defendant : IN CUSTODY 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Hunter R. Rowles : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2001-5491 CIVIL TERM : CIVIL ACTION - LAW DATE OF BIRTH CURRENTLY IN CUSTODY OF November 11, 1997 Mother 2. A Conciliation Conference was held in this matter on November 14, 2001, with the following individuals in attendance: The Father, Richard L. Singer, with his counsel, Nathan Wolfe, Esquire and the Mother, Rita E. Rowles, with her counsel, Joan Carey, Esquire. The parties agreed to entry of an Order in the form as attached. Date YacgMine M. Verney, Esquire Custody Conciliator MAR 2 RICHARD L. SINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001 - 5491 CIVIL TERM RITA E. ROWLES, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z Z * day of Yti rJ-e 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 20, 2001 is hereby vacated. 2. The. Father, Richard L. Singer, and the Mother, Rita E. Rowles, shall have shared legal custody of Hunter R. Rowles, born November 11, 1997. 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 his health, education and religion. 3. The parties shall have shared physical custody of the Child on a week on/week off basis, with the exchange day and time being Friday at 5:00 p.m. Said shared physical custody arrangement shall begin on Friday, March 22, 2002 with Mother having the first week, and alternating on a weekly basis thereafter. 4. During Father's week of physical custody of the child, if Father is working, Mother shall care for the child during the day until 5:00 p.m. Mother shall have the child picked up at Father's home by 6:15 a.m. on such days. In the event that Mother is unable to pick up the child by 6:15 a.m., she may have the child picked up at the child's day care provider's home. Father shall notify Mother by 6:00 a.m. on such days if he is not working. 5. During Mother's week of physical custody, Father shall have physical custody of the child on Wednesday and Thursday from 5:00 p.m. to 8:00 p.m. 6. The Easter holiday shall be split and alternated on the following schedule: 8:00 a.m. to 2:00 p.m. and 2:00 p.m. to 8:00 p.m. Father shall have the early time in even years and the later time in odd years. Mother shall have the early time in odd years and the later time in even years. 2002) 7. The Thanksgiving holiday shall be split and alternated on the following schedule: 8:00 a.m. to 2:00 p.m. and 2:00 p.m. to 8:00 p.m. Father shall have the early time in even numbered years and the later time in odd numbered years. Mother shall have the early time in odd numbered years and the later time in even numbered years. 8. The Christmas holiday shall be in two Blocks. Block "A" shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block "B" shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block "A" in even numbered years and Block "B" in odd numbered years. Mother shall have Block "A" in odd numbered years and Block "B" in even numbered years. 9. Father shall be responsible for all transportation except as otherwise noted above, so long as the pick up and drop off will be at Mother's home in Cumberland County. Mother shall be responsible for all transportation if the child is not at Mother's home in Cumberland County. 10. This being a shared physical custody arrangement, the parties shall communicate with each other in regards to the custody of the child. The parties are encouraged to attend programs or counseling or otherwise educate themselves concerning communication among separated parents. 11. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 8. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. 9. 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 BY THE COURT, A J. cc ,Naiban Wolfe, Esquire, Counsel for Father / 7?Carey, Esquire, Counsel for Mother 7 D3-.22-oz RICHARD L. SINGER Plaintiff V. RITA E. ROWLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2001-5491 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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 Hunter R. Rowles DATE OF BIRTH CURRENTLY IN CUSTODY OF November 11, 1997 Mother 2. A Conciliation Conference was held in this matter on March 20, 2002, with the following individuals in attendance: The Father, Richard L. Singer, with his counsel, Nathan Wolfe, Esquire and the Mother, Rita E. Rowles, with her counsel, Joan Carey, Esquire. 3. A prior Order of Court dated November 20, 2001 was entered by the Honorable Kevin A. Hess which provided for the parties to have shared legal custody, Mother to have primary physical custody and Father to have a phased in period of partial physical custody. 4. The parties agreed to entry of an Order in the form as attached. Date ac line M. Verney, Esquire Custody Conciliator RICHARD L. SINGER Plaintiff/Petitioner vs. RITA E. ROWLES, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5491 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITIONER RICHARD L. SINGER'S PETITION TO MODIFY CUSTODY NOW comes Richard L. Singer, Plaintiff/Petitioner in the above-captioned custody matter, by and through his attorney Michael B. Finucane, Esquire respectfully petitions the Court as follows: 1. 1. The Plaintiff/Petitioner is Richard L. Singer who resides at 4695 Orrstown Road, Orrstown, Franklin County, Pennsylvania. Petitioner lives with his wife, Tabitha, and their son Skyeler, age 3, together with on alternating weeks his three children, Hunter, age 10, Austin, age 10 and Caitlin, age 9, and his wife's two children, Dakota, age 9 and Tori, age 8. The schedule is arranged so that the children are all there at their home at the same time on the alternate weeks. 2. The Defendant/Respondent is Rita Rowles who resides at 323 East Burd Street, Shippensburg, Cumberland County, Pennsylvania. Respondent lives with her significant other, Dave Barley, and her son, Dakota Rowles, age 13, for alternate weeks. Hunter, age 10, is there on an alternate week basis. 3. On March 22, 2002 an Order of Court was entered for custody, a true and correct copy of which is attached hereto. The Order awarded shared physical custody on a weekly basis of Hunter R. Rowles, born November 11, 1996 to the parties. 4. Petitioner seeks a modification of the custody concerning one minor child, Hunter R. Rowles, born November 11, 1996, for the following reasons: A. The child would be more stable in all aspects of his life at father's home. B. It is the child's preference to spend more time at his father's home. C. There have been increasing problems at the mother's home including the mother having been incarcerated for three months and serious behavior problems of the child's step-brother who is in mother's household. D. The mother has no vehicle now and no job. E. The mother's boyfriend is believed to have a drinking problem. WHEREFORE, Petitioner, Richard L. Singer, respectfully requests that the Honorable Court enter a Temporary Order with the child to be temporarily in the primary physical custody of father pending conciliation and further proceedings of this Court for petition to seek shared legal and primary physical custody of the child with the child to live with the father thoughout the week with mother to have visitation every weekend except for the first weekend of each month when he would be at the father's home. Respectfully Submitted, Date;??' EL B. FIN C E, IRE Attorney for Plaintiff/Petitioner 14 N. Main Street, Suite 500 Chambersburg, PA 17201 717-264-1400 Attorney No. 23543 VERIFICATION I verify that the statements set forth in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, which relates to unsworn falsifica Date: 1 C--) <K MAR 2 I ni- RICHARD L. SINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001 - 55491 CIVIL TERM .R.ITA E. ROWLES, : CIVIL ACTION - LAW 'Defendant IN CUSTODY ORDER OF COURT AND NOW, this 119 /) n? day of P) a. rc? , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated November 20, 2001 is hereby vacated. 2. The Father, Richard L. Singer, and the Mother, Rita E. Rowles, shall have shared legal custody of Hunter R. Rowles, born November 11, 1997. 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 his health, education and religion. 3. The parties shall have shared physical custody of the Child on a week on/week off basis, with the exchange day and time being Friday at 5:00 p.m. Said shared physical custody arrangement shall begin on Friday, March 22, 2002 with Mother having the fir,t week, and alternating on a weekly basis thereafter. 4. During Father's week of physical custody of the child, if Father is working, Mother shall care for the child during the day until 5:00 p,m. Mother shall have the child picked up at Father's home by 6:15 a.m. on such days. In the event that Mother is unable to pick up the child by 6:15 a.m., she may have the child picked up at the child's day care provider's home. Father shall notify Mother by 6:00 a.m. on such days if he is not working. 5. During Mother's week of physical custody, Father shall have physical custody of the child on Wednesday and Thursday from 5:00 p.m. to 8:00 p.m. 6. The Easter holiday shall be split and alternated on the following schedule: 8:00 a.m. to 2:00 p.m. and 2:00 p.m. to 8:00 p.m. Father shall have the early time in even years and the later time in odd years. Mother shall have the early time in odd years and the later time in even years. 7. The Thanksgiving holiday shall be split and alternated on the following schedule: 8:00 a.m. to 2:00 p.m. and 2:00 p.m. to 8:00 p.m. Father shall have the early ZO 39Vd 71EIN OVZLZESLZL 90:LO LOOZ19Z190 time in even numbered years and the later tirne in odd numbered years. Mother shall have the early time in odd numbered years and the later time in even numbered years. $. The Christmas holiday shall be in two Blocks. Block "A" shall be frorn Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block "B" shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block "A" in even numbered years and Block "B" in odd numbered years. Mother shall have Block "A" in odd numbered years and Block "B" in even numbered years. 9. Father shall be responsible for all transportation except as otherwise noted above, so long as the pick up and drop off will be at Mother's home in Cumberland County. Mother shall be responsible for all transportation if the child is not at Mother's home in Cumberland County. . ... 10. 'Phis being a shared physical custody arrangement, the parties shall communicate with each other in regards to the custody of the child. The parties are encouraged to attend programs or counseling or otherwise educate themselves concerning communication among separated parents. 11. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 8. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. 9. 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 BY THE COURT, S ? tr J. cc: Nathan Wolfe, Esquire, Counsel for Father , A•,,r„ Joan Carey, Esquire, Counsel for Mother TRIV1 COPY F?,0h to Test.-i,ory ` -,IRiCOT, l hers ;._t .1y hard and $e sgal of saidl'Court at Carlisle, Pa. 60 39Vd ADId 0VZLZESLTL 90:L0 L00Z/SZ/90 IUC14ARD L. SINGER Plaintiff V. RITA E. ROWLES, Defeadant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :2001-5491 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION.S.UMMARY 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 Child who is the subject of this litigation is as follows. NAME Hunter R. Rowles DATE OF BIRTH CURRENTLY IN CUSTODY OF November 11, 1997 Mother 2. A Conciliation Conference was held in this matter on March 20, 2002, with the following individuals in attendance: The Father, Richard L. Singer, with his counsel, Nathan Wolfe, Esquire and the Mother, Rita E. Rowles, with her counsel, Joan Carey, Esquire. 3. A prior Order of Court dated November 20, 2001 was entered by the Honorable Kevin A. Hess. which provided for the parties to have shared legal custody, Mother to have primary physical custody and Father to have a phased in period of partial physical custody. 4. The parties agreed to entry of an Order in the form as attached. Date line M. Verney, Esquire Custody Conciliator TO 39Vd ADId OPZLZESLTL 90:L0 L00Z/SZ/90 R -? E C_ V "?T?? { ?????{ ?? ` •? ?++ a ?_ ?-? =; ;:s:?? ?.,_ RICHARD L. SINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2001-5491 CIVIL ACTION LAW RITA E. ROWLES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, July 28, 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, August 26, 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. 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. V W) Custody Conciliator YY 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 4 -Povm? AV -30 i Imo` °???? _ ? ?-{?1nn`?r}•n!7 AUG c 8 zwa67 RICHARD L. SINGER, Plaintiff V. RITA E. ROWLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5491 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this /4 0 day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Co Room No. 7 , of the Cumberland 2008, at f County Court House, on the Qpf day of • , 3v o'clock, A_. M., at which time testimony will be taken. For purposes of this Hearing, the Father 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 custody, 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 Order of Court dated March 22, 2002 shall remain in full force and effect with the following modifications. 3. The parties shall share physical custody of the child on a week on/week off basis. The exchange day and time shall be Mondays at 5:00 p.m. Mother shall have the week beginning Septemberl, 2008. A party may request alternate time with the child for special occasions. Such requests will not be unreasonable withheld, but the parties shall make all efforts to provide makeup time in exchange. 4. Transportation shall be shared such that the receiving party shall transport. 5. 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. ichael B. Finucane, Esquire, counsel fo c71., h L. Hitchings, Esquire, counsel for ep eo c'r?s m??? RICHARD L. SINGER, Plaintiff V. RITA E. ROWLES, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-5491 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 Hunter R. Rowles November 11, 1997 shared 2. A Conciliation Conference was held August 26, 2008 with the following individuals in attendance: The Father, Richard L. Singer, with his counsel, Michael B. Finucane, Esquire, and the Mother, Rita E. Rowles, with her counsel, Joseph L. Hitchings, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated March 22, 2002 providing for shared legal custody and shared physical custody on a week on/week off basis. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody during the school year with Mother having every weekend Friday to Monday morning. Father suggests that this schedule reverse in the summer. Father maintains that the child asked to live with him primarily, that Father can provide a more stable environment for the child, alleging Mother has moved several times in the last few years. Father also alleges that Mother's paramour has a drinking problem. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She asserts that that she has lived in the same location for one and one-half years and the child has attended the same school since then. If the child lived primarily with Father he would have to change schools. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo, except for minor agreed to changes. It is expected that the Hearing will require one day. Date ?V acq line A Verney, Esquire t?l Custody Conciliator RICHARD L. SINGER, Plaintiff vs. RITA E. ROWLES, Defendant AND NOW, this and directed as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5491 CIVIL IN CUSTODY ORDER /&' day of December, 2008, after hearing, it is hereby ordered 1. The prior orders of this court dated March 22, 2002, as amended by order dated September 10, 2008, shall remain in full force and effect with the following modifications: a. During the summer school vacation, if Hunter desires to work with his father during the mother's weeks of custody, the mother will accommodate his desire; and b. Each party shall have physical custody of the child for one uninterrupted week of summer vacation. 2. The parties may modify the provisions of this order by mutual consent, and in the absence of mutual consent, the terms of this order shall control. Michael B. Finucan e, Esquire For the Plaintiff Rita E. Rowles, Pro Se Defendant ICYP BY THE COURT, C3- N Gi