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HomeMy WebLinkAbout01-05962IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ROBERT S. COWMAN ""' Plaintiff No 2001-5962 CIVIL No. VERSUS LORRAINE R. COWMAN Defendant DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT AND LORRAINE R. COWMAN ARE DIVORCED FROM THE BONDS OF MATRIMONY. ROBERT S. COWMAN , PLAINTIFF, DEFENDANT, PROTHONOTARY THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REG D IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; OKe_ There are no outstanding issues. p 4 ROBERT S. COWMAN Plaintiff VS. LORRAINE R. COWMAN To the Prothonotary: Defendant Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 8tjxs#??:ixars?f?osle. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Served upon Defendant on 10/24/01 by certified mail, restricted delivery, return receipt requested. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: byplaintiff 3/30/05 ; by defendant 3/29/05 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2001-5962 CIVILTERM PRAECIPE TO TRANSMIT RECORD 4. Related claims pending: There are no outstanding issues. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: MAILED to Prothonotarlt on 3/31/05. Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: MAILED to Prothonotar.y on 3/31/05. o ? ?, ? n .? ? _ _ __ - ?=.2'i? `_ =t yr- _ :...? ate:, r _ "aai?rwer.- r .. ,.?+?. ROBERT S. COWMAN, Plaintiff vs. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2001- S'9601 CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ROBERT S. COWMAN, Plaintiff vs. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2001- S%4 , CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ROBERT S. COWMAN, Plaintiff VS. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2001- JMik CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW comes the above-named Plaintiff, ROBERT S. COWMAN, by his attorney, Michael L. Bangs, Esquire, and makes the following Complaint in Divorce: 1. The Plaintiff is ROBERT S. COWMAN, an adult individual who currently resides at 218 North 29th Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is LORRAINE R. COWMAN, an adult individual who currently resides at 218 North 29a' Street, Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 13, 1993, in New Cumberland, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests this Court to enter a Decree of Divorce in this matter pursuant to Section 3301(c) of the Divorce Code. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to Section 3301(c) of the Divorce Code. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. Section 4904 (unsworn falsification to authorities). Date ROBERT S. COWMAN V )-, MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street QQQ Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 3 0 r ai ^?c c C.) w o ?.°} rn ROBERT S. COWMAN, ) Plaintiff ) VS. ) LORRAINE R. COWMAN, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 5962 CIVIL TERM AFFIDAVIT OF CONSENT Pursuant to Pa. R.C.P. Rule 1920.72 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 16, 2001 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce either after service of a Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date ROBERT S. COWMAN ,lG? Af r ROBERT S. COWMAN, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW LORRAINE R. COWMAN, ) 5962 Defendant ) NO.2001- CIVIL TERM AFFIDAVIT OF CONSENT Pursuant to Pa. R.C.P. Rule 1920.72 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 16, 2001 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce either after service of a Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 3 a9 as - -?- _ Date 4RLRAW=E R"COWTVIAN c> ? o C± t i }} - ?s ROBERT S. COWMAN, Plaintiff vs. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 5962 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQU- EST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 30 6j4- k6r -? i Dated ROBERT S. COWMAN G cr+ --? r•?` ?:r: ? rn ° 1.-n T f_ ' T ROBERT S. COWMAN, Plaintiff VS. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2001- 5962 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 3J-7 9 as._._ Da ed 4L?NER. ? J r 2 C7 ROBERT S. COWMAN, Plaintiff VS. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5962 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL MICHAEL L. BANGS, being duly sworn according to law, depoaes and says as follows: 1. That he is the attorney for the Plaintiff herein. 2. That on October 22, 2001, a true and correct copy of the Divorce Complaint filed in the above-captioned matter was delivered to the United States Postal Service in Camp Hill, Pennsylvania, as certified mail (Receipt No. 7000 1670 0000 8954 0687) return receipt requested, addressed to the Defendant herein. 3. That a return receipt card was received from the U.S. Postal Service signed by the Defendant herein showing a date of service of October 24, 2001. Said card is attached hereto as Exhibit A. Sworn to and subs bed bef m s day of .hP/ ,-2001. MWAIM SEAL WOW S. CNESNO, Malay W* `,10wv AEnn tvgL, C=6wk nd C" My Canmi w b**may' 10, 800 t - - -. . _ Aeee. ? tY?F 1 - = m=: ' ' form eo that" can returnthis card1o YOU. eXtlBf®e . Arl •Aftach this farm to the from of the mailpiece, or on the back if pemtit. apace does not t, b Address •2 •Wdte'Refum Rsicsi1t Requested'onlhe mailpiece below the a icle number. •Y R ' Zk- Restricted Delivery d he eturn R pt will show to whom the adiclia ma-delivere delivered. d and the date. deu ta : - 0 m . p 3. Article A re ' br 4a. Article Ntib n ; (/ 9,46R? e ?np ;In l c c u -S'V%-- - Z` f Q Q 7•+?'-?"•^ 4b. S`erv" ce Type ? Registered -kzc et Pied. ?Iy, ff'? Ap El Express Mail ? Ip ?' * ? Return ReCeiptfot Merchan 1 dise b OD 7. Date:- IIVSty .£ Al fl 1 efxrlvdl- ?,PdntN -) 9. S.Addressee'sAe"ss (On/yifrequested and fee is paid) r 6. Rfgtr sse'e oiAgent) ! ? 111 o ?? . z P ? ?, © ?, .? :}- t? ?? v ' ? , T -? f'l'-. . N ? v?`? !. ? J? 1 ° r- C? _. _- ? -? >> C; ? ` ?_ l ? ? J - 1 -? d1...... _. '_?? ROBERT S. COWMAN, Plaintiff V. LORRAINE R. COWMAN, Defendant JN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW JN DIVORCE Cq PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire and Beckley & Madden, of Counsel, on behalf of the Defendant, Lorraine R. Cowman, in the above-captioned matter. DATED: l pc daft -?I Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 'gas A. Beckley, squire Eliza eth S. Beckley, sgmre CERTIFICATE OF SERVICE I, Elisabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Michael L. Bangs, Esquire Attorney at Law 302 South 18th Street Camp Hill, PA 17011 DATED: ra Elizab th S. Beck*sq* ¢" r? r> c7 ;-, C_ -- -rF ' C7 'L7 n 1'?1 zr av ;,?r c - in ?: ai _? ? l L? ? _ ... -.a yy''\\ ? Y I j?i F ana'+ri?E?rt"?d?k?+?*aRr? .ts,=a= _ . ?.-y?fiK ..mow:, ._,??v?pHNx:' ROBERT S. COWMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LORRAINE R. COWMAN DEFENDANT • 01-5962 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 12, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, June 15, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: !s/ Melissa A Greevy. Esq. mhe Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 c ? PROO-1i D5,1 f ZaG4 i'i'r 13 Psi z, 22 r ..4? i?i) Jr 13 -,0 14 1 P ROBERT S. COWMAN, Plaintiff VS. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-5962 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of 2004, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator at Pennsylvania, on day of 2004, at the 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ROBERT S. COWMAN, Plaintiff VS. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-5962 CIVIL TERM IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, ROBERT S. COWMAN, by his attorney, Michael L. Bangs, and makes the following Complaint for Custody: 1. The Plaintiff is ROBERT S. COWMAN, an adult individual who resides at 218 South 29' Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is LORRAINE R. COWMAN, an adult individual who resides at 50 South 22nd Street, Apartment 4, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife. 4. The Plaintiff and Defendant are the parents of two minor children: Kathleen (d.o.b. 11/13/94) and Peter (d.o.b. 12/23/97). 5. Plaintiff seeks an award of primary physical custody of the children. 6. The children were not born out of wedlock and at the time of this Complaint, the children reside with both parents at the marital residence and in the joint legal and physical custody of both parents. 1 W 7. During the past five years, the minor children have resided with the following persons at the following addresses: A. From November 13, 1994 to October, 2002 218 South 29d' Street Camp Hill, PA B. From October, 2002 to Present 50 South 22"d Street, Apt. 4 Camp Hill, PA 8. The father of the children is the Plaintiff who resides at the address set out above. He is married to the Defendant. 9. The mother of the children is the Defendant who resides at the address set out above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the children. Plaintiff currently resides with his mother. 11. The Defendant is the natural mother of the children. Defendant currently resides with the children. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 2 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. The parties entered into a Memorandum of Understanding for a custodial arrangement between the parties. This Memorandum of Understanding was pending a completed evaluation by Dr. Arnold Shienvold. Attached hereto and marked as Exhibit A is a true and correct copy of the Memorandum of Understanding which was entered in December, 2002. B. In September, 2003 Dr. Shienvold completed the evaluation. Attached hereto and marked as Exhibit B is a true and correct copy of the evaluation. Dr. Shienvold made some specific recommendations on the evaluation and in particular as it relates to the current custody arrangement, one of which was to refrain from the continued use of alcohol. C. Soon after the completion of the evaluation, Plaintiff became aware that Defendant had been arrested for another D.U.I. Subsequent to that knowledge, Plaintiff became aware that Defendant had been arrested for a second D.U.I. D. The parties, through counsel, agreed that Defendant undergo a supervised visitation based upon the recommendation of Dr. Shienvold, the supervised visitation to occur on the following schedule: Tuesday and Thursday evenings from 5:30 p.m. until 7:30 p.m. and every Sunday from 2:30 p.m. until 6:30 p.m. This supervised visitation commenced in November, 2003. 3 E. In January to early February, 2004, Defendant requested unsupervised visitation and the parties again went back to Dr. Shienvold for recommendation. Dr. Shienvold initially made a recommendation dated February 23, 2004 wherein he suggested that Defendant have periods of unsupervised visitation on Tuesday and Thursday evenings from after school until 8:00 p.m. and on Saturday or Sunday from 12:00 p.m. until 8:00 p.m. Attached hereto and marked as Exhibit C is a true and correct copy of the recommendation dated February 23, 2004. F. Subsequent to that follow-up, Dr. Shienvold became aware of some additional information which resulted in his letter of March 8, 2004 wherein he rescinded the recommendation of February 23, 2004 and indicated that Defendant should be back on supervised visitation. This was a direct result of some inaccuracies that Defendant stated and the fact that she had continued to drink and putting the children in danger. Attached hereto and marked as Exhibit D is a true and correct copy of Dr. Shienvold's letter of March 8, 2004. G. Recently, Defendant has switched counsel and arbitrarily, on the weekend of April 30, 2004, when Plaintiff was out of town, picked up the children and had unsupervised contact with them. This is contrary to the plan set up the Plaintiff and occurred while he was out of town. H. Defendant is unfit to have anything but supervised visitation until she proves that she has got control of her sobriety and otherwise complies with the recommendation made by Dr. Shienvold. 4 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, ROBERT S. COWMAN, requests this Honorable Court enter an Order granting him primary physical custody of the children Kathleen Cowman and Peter Cowman, subject to periods of partial custody on a supervised basis only in accordance with the recommendation of Dr. Shienvold. Respectfully submitted, f A W MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 VERIFICATION I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: ROBERT S. COWMAN EXHIBIT A (Memorandum of Understanding) ROBERT S. COWMAN, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2001-5962 CIVIL TERM LORRAINE R. COWMAN, ) Defendant ) CIVIL ACTION - LAW IN DIVORCE MEMORANDUM OF UNDERSTANDING THE PARTIES shall share legal custody of their minor children, Kathleen (d.o.b. 11/13/94) and Peter (d.o.b. 12/23/97). Physical custody shall be as follows: 1. Rob shall have the following periods of partial custody: A. Week 1: Wednesday after school until Saturday at 12:00 noon at which time Lorraine shall pick up the children at Rob's residence. This schedule shall commence on November 6, 2002, and alternate thereafter. B. Week 2: Wednesday after school until Sunday at 6:00 p.m. at which time Rob shall drop the children off at Lorraine's residence. This schedule shall commence on November 13, 2002, and alternate thereafter. 2. Lorraine shall have the following periods of partial custody: A. Week 1: Saturday at 12:00 noon until Wednesday morning when she shall deliver the children to school or if the children are not in school, until the normal after school pickup. This schedule shall commence on November 9, 2002, and alternate thereafter. B. Week 2: Sunday at 6:00 p.m. until Wednesday morning when she shall deliver the children to school or if the children are not in school, until the normal after school pickup. This schedule shall commence on November 17, 2002, and alternate thereafter. 3. The parties shall alternate the holiday schedule, those holidays being defined as Thanksgiving, Easter, Memorial Day, Fourth of July and Labor Day. This alternating schedule shall commence with Rob having Thanksgiving in 2002, and shall alternate thereafter. These periods of exclusive custody shall be from 9:00 a.m. until 7:00 p.m., and shall take precedence over the normal schedule. 4. The Christmas holiday shall be broken into two segments. Segment A shall be from Christmas Eve at 1:00 p.m. until Christmas Day at 1:00 p.m. Segment B shall be from Christmas Day from 1:00 p.m. until December 26 h at 1:00 p.m. In the year 2002 and all even-numbered years thereafter, Lorraine will have Segment A and Rob will have Segment B. In the year 2003 and all odd-numbered years thereafter, Rob will have Segment A and Lorraine will have Segment B. 5. During the summer, both parties shall have the option to take two (2) full non- consecutive uninterrupted weeks of vacation time with the children. The parties shall provide each other with notice as to when they intend to exercise these weeks of vacation by April 30m of each year. Whoever provides the other with notice first of the weeks in which they expect to exercise these periods of vacation shall be entitled to the first choice of the vacation time. 6. The non-custodial parent shall have the first right of refusal to provide care for the children if the party who has the children in their custody intends to be away from the children for two hours or more. It is the obligation of that parent to call the non-custodial parent to see if they are available and willing to provide the care for the children during that period of time. 2 {? 7. The parties agree that they shall submit themselves and their minor children to an evaluation to be performed by Riegler Shienvold and Associates. Rob agrees to initially pay $2,500.00 for the evaluation. Rob reserves the right to seek reimbursement for any portion of these costs deemed appropriate at a future date. 8. On a temporary basis, and in consideration of the payment by Rob of the current day care costs (not including the summer costs which is to be determined), Rob will pay to Lorraine, on a bi-weekly basis, the sum of $345.23. He shall make those payments directly to Lorraine on or before his regular pay date. 9. The parties agree for the 2002 taxes they shall cooperate with each other in making sure the taxes are prepared and filed, and the parties will evenly split any refunds. 10. Both parties understand that this agreement is an attempt by them to make an interim agreement. Nothing in this Memorandum of Understanding shall prejudice either party from asserting any rights that they may have to an appropriate custodial situation or an appropriate support payment. WITNESS WITNESS ROBERT S. COWMAN LORRAINE R. COWMAN EXHIBIT B (Evaluation of September, 2003) N Riegler • Shienvold & Associates Elliot Riegler, Ph.D, (1948-,1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW, BCD Tracy Richards, QCSW, LCSW Dyanne Seymore, QCSW, LCSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LSW, BCD Lisa R. Paponetti, MA Chrissi Hart, Ph.D. Gregory Plotica, MA CUSTODY EVALUATION ROBERT S. COWMAN vs. LORRAINE R. COWMAN NO. 2001-5962 CIVIL TERM Referred By: Mutual consent of the parties Referral Reason: To conduct a comprehensive custody evaluation and to make recommendations regarding the most appropriate custodial arrangements for Kathleen Ryder Cowman, DOB 11/13/94, and Peter Thomas Cowman, DOB 12/23/97 Individual Interviews: Robert Cowman 3/28/03, 5/7/03, 5/28/03, 6/2/03 Lorraine Cowman 3/25/03, 5/8/03, 5/23/03 Kathleen Cowman 6/4/03, 7/1/03 Peter Cowman 6/4/03, 7/1/03 Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2) *Robert Cowman *Lorraine Cowman Bricklin Perceptual Scale (BPS) *Kathleen Cowman Home Study: Each parent's residence was evaluated for safety concerns and the children were observed interacting with each parent in the home environment Parent-Child Interaction: The children were observed interacting with each parent in the office setting Additional Information: 1. Memorandum of Understanding between Bob and Lorraine regarding the custodial arrangement for the children 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 • (717) 540-1313 • Fax: (717) 540-1416 Cowman v. Cowman Page 2 2. School Records for Kathleen Cowman from Shaeffer Elementary School 3. Therapy notes on Kathleen from Danielle Drydan of Guidance Associates 4. Therapy notes for Lorraine Cowman from Guidance Associates Letter dated May 30, 2003 to Mr. and Mrs. Cowman from Paul M. Healey, Ph.D. regarding Kathleen's school attendance problems 6. Records for Lorraine Cowman from the Caron Foundation 7. Undated letter to Mr. and Mrs. Cowman from Paul M. Healey, Ph.D. regarding attendance problems of Kathleen from Sept. 2, 02 to April 2, 03 8. Memo from Robert Cowman titled "APROXIMATE HISTORY OF LORRAINE COWMAN'S DRINKING SINCE 1993" 9. Memo from Robert Cowman titled "WORK HISTORY OF LORRAINE COWMAN SINCE 1993" 10. Letters dated May 21, 2003, undated, June 4, 2003 and June 25 2003 from Lorraine Cowman to Dr. Shienvold The recommendations at the conclusion of this report are based on all of these sources of information. Background: Robert and Lorraine Cowman currently are sharing the physical and legal custody of their two children, Kathleen and Peter. Lorraine has physical custody from either Saturday at noontime, or Sunday at 6:00 P.M. until Wednesday and Robert has physical custody from Wednesday until either Saturday or Sunday. That particular arrangement has been in effect since November, 2002. Prior to that, they briefly used a somewhat different shared arrangement. Lorraine and Robert have been physically separated since November, 2002. However, Robert had filed for divorce in October of the previous year. It is Robert who has filed for a change of custody, although Lorraine stated that she, too, would prefer that the arrangement be changed. Robert is seeking primary physical custody. He believes that he is "more suited" to be the primary custodian because he has been "the rock of the Cowman v. Cowman Page 3 family, steadily employed who adds stability that Lorraine does not have." However, Robert also believes that it is important for the children to have both parents available and would be amenable to a shared custodial arrangement if Lorraine were healthy enough to handle one. Robert feels the children's best interests are served by living primarily with him. He reported that Lorraine is an active alcoholic who has a long history of failed attempts at rehabilitation. In fact, according to Robert, it was Lorraine's use of alcohol that caused him to eventually file for divorce. Robert stated that prior to his marriage to Lorraine he was unaware of the extent of her drinking. However, upon returning from their honeymoon, and ever since, there have been a series of incidents with regard to drinking that have interfered with the marriage. Robert noted multiple therapies, interventions, rehabilitation attempts and legal difficulties throughout the marriage. As a function of her drinking, Lorraine has been unable to maintain stable employment. Robert noted that Lorraine's work history is replete with her leaving jobs, being fired and periods of unemployment. He noted that there was a brief time period when Lorraine was a stay-at-home mother by choice, but the other times were a result of post-recovery therapies, or firings secondary to her drinking. Robert stated that although he thought that Lorraine had been sober for the past year and a half, he did not trust that she could remain sober, and therefore was leery about the ability to maintain a shared custodial arrangement. However, Robert reported that Lorraine is a good and capable mother when she is not drinking. Lorraine believes that she should become the primary physical custodian of the children and the sole legal custodian. In fact, Lorraine is of the opinion that Robert should be allowed supervised visitation, only. Lorraine claimed that Robert leaves the children unattended when he has custody of them. She stated that he verbally and physically abuses the children. For example, Lorraine stated that Robert has called Kathleen "a fucking bitch." She alleged that Robert has choked her in front of the children and that he has shoved and pushed her. Lorraine reported that the police were called to their home in the past. Lorraine reported that Robert physically abused Kathleen last year. At the time he was "verbally attacking the children" at bedtime. He appeared to be angry and "grabbed Kathleen, pulled her and was going to pull her over the stair rail." Lorraine called 911. Lorraine indicated that the children have become frightened of their father and are intimidated by him. According to Lorraine, Robert would threaten to kick her out of the house, take all the money and gain custody of the children. Lorraine stated that she and Robert know that the children would prefer to five with her. She reported that since the separation the children are "going downhill." Lorraine stated that Kathleen's grades have been declining and she is reporting that her stomach hurts. Kathleen is Cowman v. Cowman Page 4 frequently tired and tries to go to.sleep before having to go to her father's house. Lorraine complained that Robert prefers to play golf than to be with the children. She also stated that he does not supervise them closely enough when he has them in his custody. On the other hand, Lorraine feels that she has always been the primary provider of care for the children. She perceives herself as the parent who provides the children with their emotional security. Lorraine feels that she is the nurturing parent who is active in the children's lives. History: Robert and Lorraine met in 1992 and after dating for a year, they married on November 13, 1993. Robert feels that he may have ignored the red-flags he noticed about Lorraine's drinking. Lorraine felt that Robert was "bold" and rushed her into marriage. Robert indicated that he knew that Lorraine had a DUI that pre-dated their marriage, but he did not see her as an alcoholic. Robert and Lorraine wanted children, but Kathleen was not a planned pregnancy. Lorraine admitted that she is a binge drinker who was drinking fairly heavily at the time she became pregnant. Lorraine pointed out that Rob also drank a considerable amount during the marriage. Nonetheless, Lorraine was able to remain abstinent during the pregnancy. Lorraine did not feel that Rob was supportive of the pregnancy. She stated that he is "addicted to golf," and would frequently leave her alone. Rob stated that Lorraine was in intensive out-patient counseling at the time of the pregnancy. The labor and delivery of Kathleen went well and the baby was healthy. According to Rob, by January following Kathleen's birth, Lorraine was drinking again. Lorraine was working part-time and Rob's job at PHICO was eliminated so he had returned to working at the State Senate. Lorraine indicated that the reason she returned to work was because of increased debt and the loss of Rob's job. Lorraine pointed out that the marriage was "weird" because his mother lived in the house with them. Problems were mounting on both sides. Rob was increasingly concerned about Lorraine's drinking and Lorraine was upset that Rob only cared about playing golf. While Lorraine reported that Peter's pregnancy was planned, Rob stated that he was surprised by the pregnancy. Rob stated that he thought that Lorraine was taking birth control. He was in counseling at the time secondary to the marital problems and Lorraine's drinking. Lorraine stated that the marriage was "rotten" at that time, but she hoped that a second child would "save" the marriage. Lorraine was abstinent from drinking during the second pregnancy. She complained that Rob was never at home and seemed disinterested in her pregnancy. Lorraine admitted that she continued to drink heavily when she was not pregnant. She noted that after Peter's birth her binge drinking was infrequent, but still occurred. Cowman v. Cowman Page 5 Lorraine went through the Caron Foundation programs on three separate occasions during the marriage. She also had received a 2' DUI during the marriage and was imprisoned for a month. In July, 1998 Lorraine returned to Caron for 30 days. Rob attended a week long program on co-dependency. Rob had high hopes of improvement, but became disillusioned when Lorraine would not follow the post rehab recommendations. Lorraine returned to Caron in 2000 and following that she went to Evergreen, a half-way house. She indicated that she resented going there because, "Rob forced me to go and he manipulated the counselors." Rob continued seeing a counselor on a regular basis. He noted that when Lorraine was doing "well," she would stop working her program and would eventually relapse. Rob admitted that there was probably a time in the marriage when he golfed too much and ignored Lorraine. However, he felt that after Peter's birth he tried to change his behavior and do joint activities that were "healthy." For example, they joined a bowling league together and they began to go to a Church study group. He felt that he was constantly trying to encourage Lorraine to do healthy activities. However, he would not agree to participate in marriage counseling until she was sober for four to six months and she was actively involved in her recovery program. Rob reported that in July of 2001 he went on a trip to Wisconsin with Kathleen and his mother. While away Lorraine relapsed again and her family had to take Peter out of her care. When he returned he asked Lorraine to leave the house, but she refused. They continued living together. Rob reported that during that time there was an occasion when Lorraine was driving intoxicated with the children. According to Rob, it took him a year to effectuate a separation. Lorraine reported that she wanted a divorce because, "Rob was driving me to drink." She indicated that she had her last drink on September 24, 2001. As a post-script, Lorraine had another relapse of drinking in May, 2003 during the evaluation. She missed an appointment with the children during that time and initially lied as to the reason for her cancellation. However, Lorraine subsequently admitted that she had relapsed and that was the cause of her losing another job and delaying her appointments for the evaluation. She swore that she was no longer drinking. Lorraine Cowman: Lorraine is a 40 year old woman who at the beginning of the evaluation was working as a medical assistant at West Shore Family Practice. However, during the course of the evaluation Lorraine was released from that job and was unemployed. She reported that she was interviewing for other jobs during the summer. Lorraine was born and raised in Harrisburg. She has four siblings and her parents remain together. Lorraine's father worked for the Department of Education and was an artist. Her mother stayed at home with the children while they were growing up, but now works as a travel agent. Lorraine described her mother as a strict Polish/ Catholic woman who taught the children Cowman v. Cowman Page 6 about morals and "right from wrong." Lorraine's father was motivating and forgiving. He was into art and music and stimulated those interests in the children. Lorraine was school phobic as a child and always experienced anxiety. Lorraine feels that she had Attention Deficit Disorder as a child that went undiagnosed. Although there is no history of alcohol abuse in her family, Lorraine has a sister who has been diagnosed as schizophrenic. Lorraine presented as an extremely anxious, hyper woman. Her speech was rapid and pressured in all of her interviews. Lorraine had a very difficult time focusing on the topics being discussed and frequently found reasons, regarding the topic, to say negative things about Rob. Lorraine, eventually, was able to get her point across, but she needed to be re-directed by the evaluator to do so. Lorraine missed an appointment during the time period when she relapsed and drank alcohol. When she appeared for appointments, Lorraine was casually dressed and well- groomed. She was able to maintain eye-contact with the interviewer and demonstrated good social skills. Lorraine's affect varied during different sessions. At times she appeared somewhat flat in affect. At other times, she appeared angry and excitable. Lorraine's drinking and psychological history are significant. Lorraine currently takes Concerta for Adult Attention Deficit Disorder. She was diagnosed with ADD several years ago and had been taking Ritalin. This diagnosis was confirmed during one of her three stays at the Caron Foundation. Lorraine has been diagnosed at various times with Alcohol Abuse, Generalized Anxiety Disorder and Attention Deficit Disorder. She has been treated with anti- depressant medication for her anxiety and psycho-stimulants for the attentional problems. Lorraine has made multiple attempts at treatment for her binge drinking. She is able to admit that she is an alcoholic. According to Lorraine, she has been treated as an in-patient and out-patient in the past with varying degrees of success. She has an AA sponsor and indicated that she is attending AA meetings. A review of her various counseling and in-patient records suggests that Lorraine has limited insight into her problems with addiction, which is probably part of the reason that she has relapsed on so many occasions. When she relapses her judgement becomes impaired. There is a relationship between the marital stress, the stress of the litigation and her continued drinking. However, even in the current evaluation, Lorraine blamed part of her motivation to drink on Robert, rather than taking full responsibility for her drinking behavior. She also appeared to lack insight into the consequences of that behavior on the care of the children. Lorraine tended to blame all of the children's problems on Robert's behavior, rather than recognize that her addiction was contributing to the problems of the children. It is apparent from the history of the relationship that Lorraine provided the majority of the primary care for the children. She had a very good understanding of their early development and was able to discuss in depth all areas of their activities and physical well-being. Observations of Lorraine with the children were positive. She lives in an attractive, two-bedroom apartment in Camp Hill. The apartment is conveniently located for the children with respect to school and friends. The children appear comfortable in the apartment and also appear very comfortable with Cowman v. Cowman Page 7 their mother. The family made cookies together in the kitchen. Kathleen and her mother are obviously very closely attached. Lorraine worked to keep both children's attention on the task. She was positive with them regarding their efforts at the task and the family talked throughout the session. The nature of the conversation led to the conclusion that Lorraine is active in the children's lives at school and at home. Lorraine completed the MMPI-2. Her testing is valid, but suggests that she was very defensive about responding to questions about psychological issues. Individuals with this test pattern are generally trying to present themselves in an overly positive fight. It is expected that parents involved in custody litigation will take a more defensive stance, but Lorraine's profile is relatively high, even for that population. That finding is consistent with a genuine lack of awareness regarding her behavior and its consequences. These women will likely use denial as a primary defense when faced with stressful situations. Lorraine's profile suggests that she is a high energy woman, who has many goals and plans. However, given her problems with focus and organization, completing those plans may create frustration for her. Robert Cowman: Robert Cowman is 45 years old. He works as an analyst/researcher for the Pennsylvania Senate. He has worked in that position for a total of 13 years, although the time was separated by a 5 year position with PHICO. He works from 8:30 A.M. to 4:30 P.M. fives days per week. He occasionally has to work evenings, but that is very infrequent. Robert continues to live in the home in which the family resided. The home houses his mother, who is 91 years old. The house is in need of interior and exterior maintenance. It was noted that the carpets were stained and the floors in the kitchen were dirty. Robert presented as well-dressed, softly spoken man who was cooperative with the evaluation process. Robert was a relatively serious man who was concerned about his issues being understood by the evaluator. He was able to display a normal range of affect during his interviews. However, in general, Rob appears to be an individual who tends to over-control his emotional responses. He displayed appropriate social skills and he was able to attend and concentrate throughout the sessions. Robert was raised in Camp Hill, Pennsylvania.. Robert's father was an insurance agent who died of a brain aneurysm two weeks prior to Robert's birth. He has an older brother and sister who live in Milwaukee and California, respectively. Because of the large age difference between him and his siblings, Robert grew-up as an only child. He recognizes that he was probably spoiled by his mother who is now 91 years old and lives with him. Robert reported that his mother did not show her emotions very much as he was growing-up. However, she taught him a good value system. Cowman v. Cowman Page 8 With respect to the allegations by Lorraine about Robert's drinking, he noted that he has never been in any trouble, either work related or community related due to his use of alcohol. He admitted that he drinks beer on occasion, especially after playing golf or in social situations. Robert does not smoke cigarettes, but he will have a cigar while playing golf. Robert does not use any illegal drugs. He currently takes the anti-depressant, Effexor, because it helps him, "calm down." He reported that he has times when he feels relatively "strung-out" as a function of all that is going on in his life. In the past, Robert has taken Ativan to help him sleep. Robert denied the allegations of physical and verbal abuse that were made against him by Lorraine. He noted that he has been investigated by CYS with unfounded results. Robert admitted that there was an occasion when he did not keep close enough supervision of Peter and a neighbor reported his action to the children agency. According to Robert, the case worker simply told him to be more careful in the future. Robert completed the MMMPI-2. His profile is valid and does not show the level of defensiveness that was noted in Lorraine's profile. Robert denies some common problems, but his responses are within the expectations of an individual involved in this type of an evaluation. Robert's profile is consistent with an individual who is experiencing situational stresses. Individuals with this profile tend to be somewhat pessimistic, dissatisfied and demanding. They can also appear to be whiny and somewhat self-centered. Similar men have a difficulty time expressing their anger directly. Therefore, anger is likely to be displaced in a passive-aggressive manner. A lack of insight into psychological issues may make this individual prone to psychosomatic illness, especially during times of stress. Anxiety is a common symptom for these individuals. Robert was able to describe his children's personalities in terms that were similar to Lorraine's. He was aware of Kathleen's academic skills and deficits and has been in contact with the school about her attendance problems. Robert also spoke about issues related to Peter's daycare attendance and fears about his needs for socialization and consistency. Therefore, Robert seemed to have an understanding of important developmental themes for his children and was attempting to set goals for the children that were consistent with their needs. Interactions between Robert and the children, both within the office and home settings, were disturbing. In each of these situations the children were openly disrespectful and disobedient with their father. In the office, Peter called his father an "idiot," and kept repeating the phrase. When their father would name something that they all did together, the children would either deny it, or say it was not fun. Peter told his father, "I told Dr. Shienvold that you hit me with the belt because I want to live with mom" Kathleen stated that her father lied. She was unable to provide an example of his lying and she was unable to recall when her father had hit her brother with a belt. Robert did not know how to deal with these statements from his children. Cowman v. Cowman Page 9 A similar situation occurred in the home observation. Neither of the children would listen to their father as he made requests of them Kathleen consistently told bim, "No!" as he would ask her to participate in activities with him. Peter followed his sister's lead and also was reluctant to participate in an activity with his father. Robert attempted to place some limits on the children, but it was obviously difficult and not particularly successful. Robert did not lose his temper or show a lot of frustration during the visits. He attempted to deal with the problems verbally, but was unable to create behavior change. Kathleen Cowman: Kathleen is 8 years old and is in the third grade at Shaeffer Elementary School. Her father describes her as "bright, confident, head-strong and competitive." Lorraine stated that Kathleen is a quiet child who is very athletic. Lorraine believes that Kathleen is depressed because she bites her finger nails and cries in the morning. Robert noted that Kathleen does not appear to be as happy as she used to be, or as other kids. As noted, Kathleen is bright, but her grades have suffered, perhaps because she is distracted and perhaps because she has missed so many days of school. Letters from the principal of the school indicated that the school is concerned about the number of absences and tardiness that Kathleen has experienced. Kathleen appears to do well with her peers. The teachers have indicated that she is well- liked at school. According to Rob, the only individuals with whom Kathleen is disrespectful are he, his mother and Peter. Kathleen is in excellent health. She plays on a soccer team and a basketball team Kathleen also enjoys swimming and, occasionally, plays golf with her father. Kathleen's sleep appears to be good. She experiences no nightmares or night terrors. Kathleen was initially interviewed when her father brought her to the office. She stated that she was 8 years old. Kathleen reported that she does not like school because her teachers are too strict. Kathleen spontaneously reported, "My dad thought my mom was sick all the time. She wasn't sick and doesn't get sick." It should be noted that this particular interview occurred days after Lorraine had been drinking and Kathleen had missed school because she was "taking care of her mother and brother." Kathleen stated that her father use to yell at her mother "all the time." She stated that her father was no longer allowed in her mother's home. According to Kathleen, her mother never yelled at her father, even though she also stated that she could not overhear the arguments. Kathleen was aware of the custody schedule. Kathleen was able to report that her father was good at helping her soccer coach. Kathleen indicated that her mother is "scared" of her father. She stated that her dad is "always hurting us. He pulls us away from the door." According to Kathleen, on one occasion her father pulled her arm when she was going upstairs. Kathleen stated that her mother does not want her to see her father. She reported that her mother and father do not like one another. She Cowman v. Cowman Page 10 gets angry about that because it means that she has to go back and forth. However, her mother told her that when she gets a new husband she will not have to go back and forth between houses. Kathleen is convinced that her father will marry a mean person because he is mean and yells at her. According to Kathleen, her father never does anything with her and her brother. She stated, "Dad never plays games with us, never watches television (unless it is golf), and never takes us for ice cream." Kathleen admitted that he goes to her soccer games, "but that's not fun." Kathleen admitted, upon confrontation, that her father has played games with them, watched television with them and taken them to the movies. However, she defensively stated, "We went to the movies 20 times with my mom" Kathleen went on to report that her mother does everything with her. Kathleen reported that she had missed her last appointment, which was scheduled for her mother to bring her to the office, because her mother was "sleeping." She stated that her mother sometimes falls asleep before she does. On those occasions, she and Peter stay-up late and are able to watch television and eat candy. Kathleen admitted that she is sometimes tired at school because she stayed up too late. At her second interview, Kathleen tended to repeat many of the things she had previously stated. Kathleen stated that her father does very little with her, but her mother does a lot with her. Kathleen reported that she frequently goes to sleep after her mother and awakens before her. She noted that when her mother is "sick" she sleeps a lot. Kathleen stated that her father allows her to call her mother whenever she wants. However, at her mother's house, she is not allowed to call her father. According to Kathleen, she does not miss her father when she is at her mother's house, and she does not think about calling him. Kathleen stated that her life was more fun when her parents lived together. Kathleen completed the BPS. On that instrument, the profile is completely skewed towards mother. She scored 29 items in her mother's direction, one in her father's direction and there were two ties. Given the nature of the attitude and feelings that Kathleen expressed in her interviews, it is somewhat surprising that she scored her father higher in any category, or that he tied in any category. The profile is a reflection of the bias that Kathleen is showing and the initial stages of alienation from her father. Peter Cowman: Peter is five years old and will begin kindergarten this year. His mother and father describe Peter as happy-go-lucky and fantastic. He is constantly singing and is capable of entertaining himself. Rob sees him as "softer" than Kathleen. He is more affectionate and more accepting of both parents than is Kathleen. Lorraine reported that Peter has "good and bad days." She reported that Peter is resistant at transitions to Rob's house and sometimes appears confused. Cowman v. Cowman Page 11 Peter has been in the preschool at Oakwood Baptist Church. He had been going there for approximately a year at the time of the evaluation. Rob accused Lorraine of breaking Peter's routine at school by keeping him home after she lost her job. He feels that caused problems for Peter. Peter does well socially. He has friends at school, but also can be independent. Peter has some allergies, but in general his health is good. Rob reported that Peter is difficult to get to bed, but then sleeps well at his house. Lorraine reported that Peter does not sleep well for her. According to Lorraine, Peter gets-up each morning saying that he had a nightmare. Peter was initially interviewed when his father brought him to the appointment. Peter entered the interview area and stated, "Daddy is mean to us. He spanked our butts with a belt when I was 3 years old." Peter went on to state that his father yelled at him "six times for no reason." When asked if his father does anything fun for him, he responded that his father "copy- catted my mommy." Peter admitted that his father played soccer with him, took him to see Thomas the Train and took him swimming. However, he added that "Rob" has a "stinky house." Peter stated that his mother calls his father an idiot. He also stated that his mother has told him that he "doesn't want to be with Rob." She has also told Peter that "Rob" is mean. According to Peter, his mother told him that his father slapped his face when he was one year old. Peter reported that his mother gets sick and he and his sister have to stay home to "take care of her." They help her by letting her sleep. At Peter's second visit, when his mother brought him, Peter was equally negative about his father. He stated that his father calls his mother an idiot when he is with him. Peter spontaneously stated, "I want to live with my mom." He then reported that his mother told him to say that. Peter indicated that his mother "reminded me" of things to say at the appointment. Peter then stated that his father never does anything fun with him, "all he does is play golf." Peter also reported that he was going to start school, but that his mother did not want him to go because she wants to be with him. Recommendations: Rob Cowman is interested in maintaining, at least, shared custody of Kathleen and Peter. He is very concerned about the lack of stability at Lorraine's home, especially as a function of her alcohol abuse. Lorraine Cowman feels that she should have primary physical custody of Peter and Kathleen. She also feels that Robert should only be allowed supervised access with the children because he is "neglectful" when the children are with him. There is no question that Lorraine has a serious drinking problem and that she admits to being an alcoholic. Lorraine's alcoholism is not controlled at this time. She admitted to a drinking episode during the course of the evaluation. It is a likely hypothesis that the children's statements about their mother being "sick" and "sleeping," are related to a drinking episode. Lorraine has attempted to "cover-up" those episodes or deny them. Cowman v. Cowman Page 12 However, in doing so she is demonstrating very poor judgement with respect to the children. Lorraine was extremely negative about Rob and his relationship with the children. Regardless of the topic or conversation she would find something derogatory to say about Rob's interactions with the children. Apparently she shares that type of thinking with the children. Peter was very candid about his conversations with his mother regarding his father's behavior. It is believed that similar conversations took place between Kathleen and her mother. Lorraine's attempts at influencing her children's feelings about their father are blatantly obvious and inappropriate. Lorraine appears to be very insecure and anxious, in general. There is no question that she was the parent who was primarily responsible for the children during the marriage. Rob admits that when she is sober she is a very good, nurturing mother. Therefore, the children are more emotionally attached to their mother than their father. Rob was generally less involved with the children. He is not as smooth in his parenting style as Lorraine, as noted in the observations. However, he is also trying to deal with children who have been intentionally influenced to act badly around him. The combination of these issues regarding the parents makes a recommendation regarding a parenting plan very difficult. It is impossible at this time to recommend that Lorraine be given primary physical custody of her children. The fact that she is actively drinking, or was so at the end of May of this year, means that the children have been in her care when she is not in control of herself. Actually, it makes it difficult to recommend that she continue to maintain shared physical custody. On the other hand, Rob does not possess the skills as a parent that Lorraine possesses. He is slow to react to the children's behavior and does not appear to be very good at setting limits. Rob is not as nurturing with the children as is Lorraine and he does not interact with them as actively, or as naturally as their mother. He needs additional practice, support and education in dealing with the children in order to work more comfortably with them. Rob especially needs assistance in dealing with the disrespect and disobedience that he is experiencing when the children come from their mother's home. It is recognized that both children are more aligned with their mother because she has been their primary source of security all of their fives. The children reported that their mother was always available to them while there father was frequently away from the home. Additionally, in spite of the fact that Rob complained about Lorraine's alcohol abuse throughout the lives of the children, he continued to allow her to care for the children while he frequently involved himself in his work and golf. In many ways, Lorraine is the key to a successful parenting arrangement which will create the healthiest situation for the children. First of all, Lorraine needs to become totally abstinent Cowman v. Cowman Page 13 from her use of alcohol. Fortunately, nothing has happened recently that has endangered the physical safety of the children secondary to her drinking. However, Kathleen missed school and fell behind academically, in part, as a function of her mother's drinking. Peter's attendance at preschool was also affected. She cannot be in charge of the children and allow them to miss school due to her inability to function. Secondly, Lorraine needs to support the relationship of the children with her father. To date, she has been working to undermine that relationship rather than reinforce it. Even if she was physically and emotionally healthy, that behavior is extremely inappropriate. It leads to a sense of alienation on the part of the children. Lorraine needs to recognize the importance for the children of their relationship with their father. Her judgement with respect to that behavior is extremely poor. What makes this factor more significant is the fact that Lorraine's drinking makes Rob's involvement with the children more important and necessary. To set-up the children to be fearful of, or dislike their father when it is essential that he care for them shows extremely poor judgement and self-centered behavior. Lorraine's insecurity and anxiety are affecting her judgement about the children in a negative way. In order for Lorraine to maintain shared custody of the children she needs to be alcohol free and supportive of the relationship of the children with their father. With respect to the first issue, she must involve herself in her individual program to work with her anxiety and her drinking. Secondly, it is part of Lorraine's responsibility to ensure that the children are not alienated from their father. Therefore, she and Rob must work with the children and with a family therapist to mutually support the relationships of the children with each of them. Inherent in this recommendation is the fact that both children need to be actively involved in counseling. They are both negatively affected by the conflict that surrounds them. Rob needs to continue his individual counseling. He reported that he has taken several parenting courses during the past year. He could benefit from a parenting "coach" who could work with him, directly with the children, so as to give him on the spot training and advice in dealing with the children. That would be a specialized type of therapy tailored for his needs with the children. If all parties are in agreement with this plan, and if Lorraine is alcohol free, the shared custodial arrangement should be continued. If, however, Lorraine is unable to maintain her sobriety, or if she is unwilling or unable to support the relationship of the children with Rob, then it is recommended that the children be primarily with their father until Lorraine is able to meet the requirements to help the children. Furthermore, if Lorraine remains active in her addiction, her time with the children should be supervised. Date O Arnold T. Shienvold, Ph.D. EXHIBIT C (Recommendation of Dr. Shienvold dated February 23, 2004) Riegler • Shienvold & Associates Febwary 23, 2004 Michael L. Bangs, Esquire 302 South 18a' Street Camp Hill, PA 17011 Elizabeth Beckley, Esquire P.O. Box 11998 Harrisburg, PA 17108-1998 RE: Lorraine Cowman Dear Attorneys, Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shipnvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW, BCD Tracy Richards, QCSW, LCSW Dyanne Sage, QCSW, LCSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LSW, BCD Lisa R. Paponetti, MA Chrissi Hart, Ph.D. Gregory Plotica, MA Kasey Shienvold, Psy.D. Shanen Turk-Geller, LSW Harvey H. Shapiro, MD I have had an opportunity to meet with Lorraine Cowman. Additionally, I have interviewed her treating physician, Dr. Chris Davis, at New Insights and I have met directly with him. Lorraine and Dr. Davis have informed me of the history of Ms. Cowman's addiction since September 9, 2003. It is my understanding that Ms. Cowman has undergone an in-patient rehabilitation stay, an extensive and intensive out-patient treatment with New Insights and is now involved in a consistent out-patient treatment regiment. Additionally, Ms. Cowman is regularly attending AA meetings. She has a sponsor and Dr. Davis is receiving immediate feedback as to her continuing participation in meetings. Given the extensive nature of her treatment, and given the fact that she has not suffered a relapse in the last six months, I believe that Ms. Cowman is capable of beginning unsupervised access with her children. To that extent, it is recommended that Ms. Cowman begin unsupervised visits with the children every Tuesday and Thursday evening from after school until 8:00 p.m. Additionally, it is recommended that for the next four weekends, Ms. Cowman alternate having the children either Saturday or Sunday from 12:00 p.m. to 8:00 p.m. Assuming those visits go without incident and that Ms. Cowman continues her participation in her rehabilitation/treatment program, the weekend visits could become alternate weekends from Saturday morning until Sunday evening. 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 • (717) 540-1313 • Fax: (717) 540-1416 x x ? Page 2 RE: Lorraine Cowman I am hesitant to recommend anything further at this time. It will be necessary to assess everyone's adjustment to the changes that are being made and then make further recommendations. Dr. Davis has assured me that he would provide on-going feedback regarding Ms. Cowman. He also stated that he considers himself a mandated reporter of children's welfare and would feel obligated to inform me if Ms. Cowman was drinking again. If you have any questions regarding the current approach, please do not hesitate to contact me. I have written this letter prior to Robert Cowman's appointment because of delays that have occurred to date. If there is some change necessary secondary to Mr. Cowman's appointment, I will write you a follow-up letter. Sincerely, n 4Arn!!'Shicnvold, Ph.D. EXHIBIT D (Letter of Dr. Shienvold dated March 8, 2004) W Riegler • Shienvold &*Associates March 8, 2004 Michael L. Bangs, Esquire 302 South IV' Street Camp Hill, PA 17011 Elizabeth Beckley, Esquire P.O. Box 11998 Harrisburg, PA 17108-1998 Dear Attorneys, Gregory Plotica, MA Kasey Shienvold, Psy.D. Shanen Turk-Geller, LSW Harvey H. Shapiro, MD As noted in my previous letter to you, there was a possibility that I would change my recommendation regarding unsupervised access for Lorraine Cowman after speaking with Robert Cowman. During my interview of Mr. Cowman, it was noted that Lorraine missed two appointments with her children two weeks ago. She told Mr. Cowman that she had gone to a funeral of a friend in Florida. He was suspicious of her story, as was I. Subsequently, I spoke with her Dr. Davis who indicated to me that Lorraine had told him the same story, I requested verification of tier stsiy by showing me either receipts for her plane tickets, or the rickets, themselves Lorraine Cowman then called me and admitted that she had not gone to Florida. She reported that she needed a "break" from all of the pressure and simply told everyone she was out of town. I cannot substantiate whether or not Mrs. Cowman was drinking during that time, but I am extremely uncomfortable with the fact that she lied about her whereabouts and decided not to take her access time with her children. Therefore, I am rescinding my previous recommendation and recommending that supervised access continue until further notice. If you have any questions regarding this change, please feel free to contact me. Sincerely, Arnold T. Shienvold, Ph.D. Elliot Riegler, Ph.D. (1948-1999) a Arnold T. Shie,nvold, Pr.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW, BCD Tracy Richards, QCSW, LCSW Dyanne Sage, QCSW, LCSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LSW, BCD Lisa R. Paponetti, MA Chrissi Hart, Ph.D. 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 • (717) 540-1313 • Fax: (717) 540-1416 .. (? '? ? ? ? o O ? ? ?; .? j 4 ? ??? rs ?.. : ? ?? ? -? c? c. v y L- {V i?? ? ?t ?, .{ <:i'a'> .. __. ._ ,. -.. -- A@IGR?,._, u?r<?? -,. _. ? >r. e.????sxiwu_m7s.-..?-^w, ee?.3 ?.; arr.??Iw?egS?i'M,a? - ; ? a, JUN 2 1 2004 1? V ROBERT S. COWMAN, Plaintiff V. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5962 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ZXA, day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Physical Custody. The Father shall have primary physical custody of the minor children, Kathleen Cowman, born November 13, 1994, and Peter Cowman, born December 23, 1997. 2. During the Summer school recess, Mother shall have periods of supervised visitation each Tuesday and Thursday evening from 2:30 p.m. to 8:30 p.m. and each Sunday from 2:30 p.m. to 7:30 p.m. During the school year, Mother's visits on Tuesdays and Thursdays shall be from 5:30 p.m. to 8:30 p.m. Supervised visitation means that another competent and agreed upon adult shall be present continuously throughout any period of visitation with Mother as described herein. Persons who may serve as supervisors of Mother's visitation shall include the following: Ed Reed, Deb Reed, Mike Reed, Tom Ross, Marlene Ross, Steve Quinn. Each Sunday at the conclusion of her visit, Mother will provide Father with advance notice of who the supervising adults will be for the visits to occur within the next seven (7) day period. In the event that there is no supervision available, no visit shall occur. 3. Transportation. During the week of June 28, 2004 through July 2, 2004, when Kathleen is at soccer camp, Father will provide transportation for Kathleen to Mother's residence at the beginning of her period of custody. Father will provide all transportation incident to the Sunday custodial periods. Otherwise, Mother will provide transportation at the beginning of her Tuesday and Thursday custodial periods and Father will provide transportation at the conclusion of those periods. The parties will make the children available for the custodial exchanges in a timely fashion and in accordance with the agreed upon schedule delineated above. 4. Counsel for Father will provide counsel for Mother with information regarding the drop off time for the conclusion of the Messiah College soccer camp and with the phone number, location and itinerary for Kathleen's summer trip to Ocean City and Virginia Beach. It shall be permissible for Kathleen to accompany her friend, Abigail, on Abigail's the family e? s NO. 01-5962 CIVIL TERM vacation with her Father, Chip Wenger and her mother, Daphne Wolfkill, during that period from July 16, 2004 through July 28, 2004. 5. In the event that Father elects to take vacation during the Summer 2004, his counsel will notify Mother's counsel of his vacation plans, duration, intended destination, telephone number during the vacation, and intended return date. 6. During any period of custody or visitation the Father shall not possess or use controlled substances, neither shall he consume alcoholic beverages to the point of intoxication. He shall ensure to the extent possible that other household members and/or house guest comply with this prohibition. With regard to Mother, for a period of twelve (12) hours before and continuing throughout any period of supervised visitation or partial custody with the minor children, Mother shall consume no alcoholic beverages nor possess or use controlled substances whatsoever. 7. The Custody Conciliation Conference shall reconvene on August 9, 2004 at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY TH COURT/: J. Dist: ®rli?n?L. L. Bangs, Esquire, 429 S. 18?" Street, Camp Hill, PA 17011 ? Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011 0 L -C yV OF TF'iL ip,`z,) :. d00 f 9N1 2.4 P 5 ROBERT S. COWMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5962 CIVIL TERM v. CIVIL ACTION - LAW LORRAINE R. COWMAN, IN CUSTODY Defendant 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 THE CUSTODY OF Kathleen Cowman November 13, 1994 Father Peter Cowman December 23, 1997 Father 2. A Custody Conciliation Conference was held on June 14, 2004 following Father's May 5, 2004 filing of a Complaint for Custody. Present for the conference were: the Father, Robert S. Cowman, and his counsel, Michael L. Bangs, Esquire; the Mother, Lorraine R. Cowman, and her counsel, Marlin Markley, Esquire. 3. The parties reached an agreement as to a Temporary Order in the form as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :230693 i IMUx..s5't •wE O F n N y -. ° t} ?0?? 0 o :(1 p'• tyE zaa- ? r coo.yz 3 i ? a-vmc DZ mm c . ii= r ? r c ! ISt Gm Coma m V tJ --1 D ma3a? D Cj) ?m9xc 9taiiyom V A m o9 o m J _ Oyzw ? ? ? m m H Cl) m E p ' ? o C ti m y VO ' m a { 4 a _ 3 1 1 0 Z 00 0 c 0 0 ?c ?m na N? m0 0Z aa z '° i m n m jN - m0 wcD O{ m y.. G.- t t " ! C C W , L d a W ?w tnm tit r {I t?. JLN'' 2 1 2001, V ROBERT S. COWMAN, Plaintiff V. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5962 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Physical Custody. The Father shall have primary physical custody of the minor children, Kathleen Cowman, born November 13, 1994, and Peter Cowman, born December 23, 1997. 2. During the Summer school recess, Mother shall have periods of supervised visitation each Tuesday and Thursday -evening from 2:30 p.m. to 8:30 p.m. and each Sunday from 2:30 p.m. to 7:30 p.m. During the school year, Mother's visits on Tuesdays and Thursdays shall be from 5:30 p.m. to 8:30 p.m. Supervised visitation means that another competent and agreed upon adult shall be present continuously throughout any period of visitation with Mother as described herein. Persons who may serve as supervisors of Mother's visitation shall include the following: Ed Reed, Deb Reed, Mike Reed, Tom Ross, Marlene Ross, Steve Quinn. Each Sunday at the conclusion of her visit, Mother will provide Father with advance notice of who the supervising adults will be for the visits to occur within the next seven (7) day period. In the event that there is no supervision available, no visit shall occur. 3. Transportation. During the week of June 28, 2004 through July 2, 2004, when Kathleen is at soccer camp, Father will provide transportation for Kathleen to Mother's residence at the beginning of her period of custody. Father will provide all transportation incident to the Sunday custodial periods. Otherwise, Mother will provide transportation at the beginning of her Tuesday and Thursday custodial periods and Father will provide transportation at the conclusion of those periods. The parties will make the children available for the custodial exchanges in a timely fashion and in accordance with the agreed upon schedule delineated above. 4. Counsel for Father will provide counsel for Mother with information regarding the drop off time for the conclusion of the Messiah College soccer camp and with the phone number, location and itinerary for Kathleen's summer trip to Ocean City and Virginia Beach. It shall be permissible for Kathleen to accompany her friend, Abigail, on Abigail's the family NO.01-5962 CIVIL TERM vacation with her Father, Chip Wenger and her mother, Daphne Wolfkill, during that period from July 16, 2004 through July 28, 2004. 5. In the event that Father elects to take vacation during the Summer 2004, his counsel will notify Mother's counsel of his vacation plans, duration, intended destination, telephone number during the vacation, and intended return date. 6. During any period of custody or visitation the Father shall not possess or use controlled substances, neither shall he consume alcoholic beverages to the point of intoxication. He shall ensure to the extent possible that other household members and/or house guest comply with this prohibition. With regard to Mother, for a period of twelve (12) hours before and continuing throughout any period of supervised visitation or partial custody with the minor children, Mother shall consume no alcoholic beverages nor possess or use controlled substances whatsoever. 7. The Custody Conciliation Conference shall reconvene on August 9, 2004 at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043.. Dist: Michael L. Bangs, Esquire, 429 S. 18"' Street, Camp Hill, PA 17011 Marlin L. Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011 TRUE COPY FROM RECORD In Testimony where f, I here yynto set my hand and Abe seal of said ?Court .atdarlisle. Pa. BY THE COURT: ROBERT S. COWMAN, Plaintiff V. LORRAINE R. COWMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5962 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendant 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 THE CUSTODY OF Kathleen Cowman November 13, 1994 Father Peter Cowman December 23, 1997 Father 2. A Custody Conciliation Conference was held on June 14, 2004 following Father's May 5, 2004 filing of a Complaint for Custody. Present for the conference were: the Father, Robert S. Cowman, and his counsel, Michael L. Bangs, Esquire; the Mother, Lorraine R. Cowman, and her counsel, Marlin Markley, Esquire. 3. The parties reached an agreement as to a Temporary Order in the form as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :230693 ?? Y y ROBERT S. COWMAN, Plaintiff V. LORRAINE R. COWMAN, Defendant BAYLEY, J. --- NOV 01 2004 'r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01-5962 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 4, day of November, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of June 24, 2004 is VACATED and replaced with this Order. 2. Legal Custody. The parties, Robert S. Cowman and Lorraine R. Cowman, shall have shared legal custody of the minor children, Kathleen Cowman, born November 13, 1994, and Peter Cowman, born December 23, 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 children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Father shall have primary physical custody of the minor children subject to Mother's rights of partial custody which shall be arranged as follows: A. During the Summer school recess, Tuesdays and Thursdays from 2:30 p.m. until 8:30 p.m. B. During the school year, Tuesdays and Thursdays from immediately after school until 8:30 p.m. C. Effective October 30, 2004, on alternating weekends, from Saturday at 9:00 a.m. until Sunday at 7:30 p.m, z NO. 01-5962 CIVIL TERM 3. Transportation. The parent receiving custody will be responsible for providing transportation incident to the custodial exchanges. The parties will make the children available for the custodial exchanges in a timely fashion and in accordance with the agreed upon schedule delineated above. 4. Holidays. The following holiday schedule supersedes the regular schedule: A. Alternatina Holidays. The parties will alternate the following holidays: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving, beginning with Father having Thanksgiving 2004. B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 1:00 p.m. until December 25th at 1:00 p.m. Segment B shall be from December 25th at 1:00 p.m. until December 26th at 1:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. 5. Mother will have custody on November 1, 2004 immediately after school until the children are returned to school on Wednesday, November 3, 2004. 6. During any period of custody or visitation the Father shall not possess or use controlled substances, neither shall he consume alcoholic beverages to the point of intoxication. He shall ensure to the extent possible that other household members and/or house guest comply with this prohibition. With regard to Mother, for a period of twelve (12) hours before and continuing throughout any period of supervised visitation or partial custody with the minor children, Mother shall consume no alcoholic beverages nor possess or use controlled substances whatsoever. 7. This Order is temporary in nature. If within ninety days of the date of this Order an additional Conference is needed, counsel jp"ither party may contact the Conciliator by letter to request that the Custody Concif Ion onference be reconvened. BY Edgar B. Bap Dist: t 1G1ic ael L. Bangs, Esquire, 429 S. 181n Street, Camp Hill, PA 17011 rlin L. Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011 J ?, o _ er C)2- Mc ?i tGJ . -l ?j Ty CT .s N V ROBERT S. COWMAN, Plaintiff v. LORRAINE R. COWMAN, Defendant 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kathleen Cowman November 13, 1994 Father Peter Cowman December 23, 1997 Father 2. A Custody Conciliation Conference was held on October 25, 2004 as agreed by the parties at the June 14, 2004 Conference. Present for the conference were: the Father, Robert S. Cowman, and his counsel, Michael L. Bangs, Esquire; the Mother, Lorraine R. Cowman, and her counsel, Marlin Markley, Esquire. 3. attached. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5962 CIVIL TERM CIVIL ACTION - LAW The parties reached an agreement as to a Temporary Order in the form as /(?16 ? 51, Date 7?0-4?-, Melissa Peel Greevy, Esq ire Custody Conciliator :238055 ROBERT S. COWMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, 01-5962 CIVIL ACTION LAW LORRAINE R. COWMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, May 26, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at DJ Manlove's 1901 State St., Camp Hill, PA 17011 on Thursday, July 07, 2005 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greets Esq. y? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland' County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 aw - , Via. .. ?. ?>•#a"- ??wa,.?... ?i??'_ Jr T[ _ , r.n V A '26 GtS" .-? &g3E,, ,z I z P\1 RECEIVED MAY 23 2(105 ROBERT S. COWMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2001-5962 LORRAINE R. COWMAN, : CIVIL ACTION - AT LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of , 200. upon consideration of the attached PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER, it is hereby directed that the parties and their respective counsel appear before conciliator, at on the day of 2005, 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 Please 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 be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEOPHONE THE OFFICE SET FOR THE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 0111 ROBERT S. COWMAN, Plaintiff VS. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5962 CIVIL ACTION - AT LAW IN CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 1. The petition of Lorraine R. Cowman respectfully represents on November 4, 2004, an Order of Court was entered f6r partial custody, a copy of which is attached. 2. This Order should be modified because: a) petitioner desires to spend more time with the children; b) the children spend a lot of time at babysitters during respondent's periods of custody; c) the children desire to spend additional time with the petitioner; d) it is in the children's best interest to modify the current custody order to allow more custodial time with petitioner. WHEREFORE, Petitioner requests that the Court modify the existing Order for partial custody because it will be in the best interest of the children. Respectfully submitted, Date: 5' / I. 2 av ?- Marliyrl'arkley, Esquire Law Off es of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ROBERT S. COWMAN, Plaintiff Vs. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5962 CIVIL ACTION - AT LAW IN CUSTODY VERIFICATION I verify that the statements made in this PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: 9 0?' L aine A 0 an S. COWMAN, Plaintiff VS. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5962 CIVIL ACTION - AT LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing a copy of the same, certified mail, return receipt requested, to the person named as follows: Michael L. Bangs, Esquire 429 South 18' Street Camp Hill, PA 17011 Respectfully submitted, r l arl' L / arkley, Esquire 2108 M ket Street, Aztec Building S US Camp Hll, Pennsylvania 17011-4706 2 ID# 84745 Tel. (717) 763-1800 h? crr NOV 01 2004 r ROBERT S. COWMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. LORRAINE R. COWMAN, Defendant BAYLEY, J. --- NO.01-5962 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 4{-'= day of November, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of June 24, 2004 is VACATED and replaced with this Order. 2. Legal Custody. The parties, Robert S. Cowman and Lorraine R. Cowman, shall have shared legal custody of the minor children, Kathleen Cowman, born November 13, 1994, and Peter Cowman„ born December 23, 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 children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Father shall have primary physical custody of the minor children subject to Mother's rights of partial custody which shall be arranged as follows: A. During the Summer school recess, Tuesdays and Thursdays from 2:30 p.m. until 8:30 p.m. B. During the school year, Tuesdays and Thursdays from immediately after school until 8:30 p.m. C. Effective October 30, 2004, on alternating weekends, from Saturday at 9:00 a.m. until Sunday at 7:30 p.m. NO.01-5962 CIVIL TERM . 3. Transportation. The parent receiving custody will be responsible for providing transportation incident to the custodial exchanges. The parties will make the children available for the custodial exchanges in a timely fashion and in accordance with the agreed upon schedule delineated above. 4. Holidays. The following holiday schedule supersedes the regular schedule: A. Alternatina Holidays. The parties will alternate the following holidays: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving, beginning with Father having Thanksgiving 2004. B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24"' at 1:00 p.m. until December 25th at 1:00 p.m. Segment B shall be from December 25th at 1:00 p.m. until December 26th at 1:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. 5. Mother will have custody on November 1, 2004 immediately after school until the children are returned to school on Wednesday, November 3, 2004. 6. During any period of custody or visitation the Father shall not possess or use controlled substances, neither shall he consume alcoholic beverages to the point of intoxication. He shall ensure to the extent possible that other household members and/or house guest comply with this prohibition. With regard to Mother, for a period of twelve (12) hours before and continuing throughout any period of supervised visitation or partial custody with the minor children, Mother shall consume no alcoholic beverages nor possess or use controlled substances whatsoever. 7. This Order is temporary in nature. If within ninety days of the date of this Order an additional Conference is needed, counsel Ither party may contact the Conciliator by letter to request that the Custody Concil' Ion onference be reconvened. BY Dist: NGiic?ael L. Bangs, Esquire, 429 S. 18'" Street, Camp Hill, PA 17011 rlin L. Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011 1 ?, o ROBERT S. COWMAN, Plaintiff V. LORRAINE R. COWMAN, Defendant 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kathleen Cowman November 13, 1994 Father Peter Cowman December 23, 1997 Father 2. A Custody Conciliation Conference was held on October 25, 2004 as agreed by the parties at the June 14, 2004 Conference. Present for the conference were: the Father, Robert S. Cowman, and his counsel, Michael L. Bangs, Esquire; the Mother, Lorraine R. Cowman, and her counsel, Marlin Markley, Esquire. 3. attached. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5962 CIVIL TERM CIVIL ACTION - LAW The parties reached an agreement as to a Temporary Order in the form as 0/?5101 1 Date ?': 5r p? 6. - V - Melissa Peel Greevy, Esq ire Custody Conciliator. :238055 .. _ ???.? ?.??. ?,?,.,t, ., .,?.,? ,?.? ?:, ROBERT S. COWMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5962 CIVIL TERM V. CIVIL ACTION - LAW LORRAINE R. COWMAN, IN CUSTODY Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this VZ day of July, 2005, upon consideration of the attached Custody Conciliation Summary Report, "it is hereby ordered and directed as follows: 1. This Court's Order of November 4, 2004 shall remain in full force and effect. 2. The parties will participate in an updated custody evaluation with Dr. Arnold T. Shienvold. The updated evaluation will have as its purpose to determine whether an expansion of Mother's custodial time is appropriate and if so to have a recommendation as to the proposed schedule for such expanded time. 3. The expense of the updated evaluation will be borne by Mother. 4. The parties may make a request to return to Custody Conciliation without petition if such request is made to the Conciliator within ten (10) jays of counsel's receipt of the report from Dr. Shienvold. The request may be made di y to by Conciliator via fax. BY THE Edgar B Dist: Michael L. Bangs, Esquire, 429 S. 18" Street, Camp Hill, PA 17011 Marlin L. Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011 Dr. Arnold T. Shienvold, 2151 Li Linglestown Road, Harrisburg, PA 17110 Z--j 1. O c3 ^? ® o 1 W A ROBERT S. COWMAN, Plaintiff V. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01-5962 CIVIL TERM 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kathleen Cowman November 13, 1994 Father Peter Cowman December 23, 1997 Father 2. Mother filed a Petition for Modification of a Custody Order on May 20, 2005. A Custody Conciliation Conference was held on July 7, 2005. Present for the conference were: the Father, Robert S. Cowman, and his counsel, Michael L. Bangs, Esquire; the Mother, Lorraine R. Cowman, and her counsel, Marlin L. Markley, Esquire. 3. Mother's position on custody is as follows: Mother seeks more custodial time with the children because she and the children desire to spend more time together. Mother also reports that the children spend a lot of time at the babysitter's while in Father's custody. She reports that she has been sober in excess of three years. This summer, Mother and Father have reached an informal agreement whereby she has custody of the children all day on Tuesdays and Thursdays. This arrangement is understood to be effective during a summer school recess. 4. Father's position on custody is as follows: Father is not willing to surrender primary custody to Mother. He continues to report ongoing communication problems between he and Mother however he will agree to cooperate with Mother's request to have an updated custody evaluation to assess whether expanded time with Mother is appropriate. His agreement to do so is contingent upon Mother's agreement to pay the costs of the evaluation services. NO. 01-5962 Civil Term 5. The parties reached an agreement to participate in an updated custody evaluation at Mother's expense. The question to be answered in the evaluation is whether an expansion of custodial time for Mother is appropriate and if so to obtain a recommendation as to the proposed schedule. The parties further agree the Order would be forwarded to Dr. Shienvold and that once the evaluation was completed they would have the option to request the Custody Conciliation Confere onvene without petition if the request was made withinAen (10) days of the report b ng issu to counsel. Melissa Peel Greevy, Custody Conciliator :254185 ? ` r OCT 2 7 2005 ROBERT S. COWMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA Vs. : No. 2001-5962 LORRAINE R. COWMAN, CIVIL ACTION - AT LAW Defendant, IN CUSTODY ROBERT S. COWMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA Vs. Docket No. 459 SUPPORT 2005 PACSES Case No. 212107407 LORRAINE R. COWMAN, Defendant, : IN SUPPORT ORDER OE-C ff (. TTRT AND NOW, this t ` day of , 2005, upon consideration of _ UML the foregoing Petition to Withdraw Appearance of Petitioner, Marlin L. Markley, Esquire, it is hereby ORDERED AND DECREED that Marlin L. Markley, Esquire is permitted to withdraw as counsel, for Respondent, Lorraine R. Ross, a/k/a, Lorraine R. Cowman. "n_ ''tea; os ,Vo K- U'> < >z wa --j af a z s. aa ? a Cl- N s ROBERT S. COWMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2001-5962 LORRAINE R. COWMAN, CIVIL ACTION - AT LAW Defendant, : IN CUSTODY ---------------------------------------------------------------- ROBERT S. COWMAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. LORRAINE R. COWMAN, Defendant, Docket No. 459 SUPPORT 2005 PACSES Case No. 212107407 IN SUPPORT TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Petitioner, Marlin L. Markley, Esquire, and in support of his Petition to Withdraw Appearance, respectfully represents as follows: 1. Petitioner is Marlin L. Markley, Esquire, an attorney with offices located at 2108 Market Street, Camp Hill, Pennsylvania. 2. Respondent is Lorraine R. Ross, a/k/a, Lorraine R. Cowman who resides at 50 South 22nd Street, Apartment 4, Camp Hill, Pennsylvania. 3. Petitioner was retained by Respondent on or about March 25, 2004, to represent her in connection with her domestic relations matters. 4. A Complaint in Divorce was filed with this Honorable Court on or about October 16, 2001 thereby instituting the above-captioned action. 5. A Custody Complaint was filed with this Honorable Court on or about May 4, 2004. 6. A Complaint in Support was filed with Honorable Court on or about June 7, 2005. 7. Petitioner anticipates that there will be prolonged proceedings in all of the above matters. 8. On October 3, 2005 Petitioner received, from Respondent, written termination of his legal services to Respondent. (See attached Exhibit "N'). 9. Petitioner has at all times attempted to represent Respondent effectively and vigorously to the best of his ability. 10. Petitioner asks to withdraw his appearance for Lorraine R. Ross, a/k/a, Lorraine R. Cowman because, inter alia: a. Respondent has requested that Petitioner terminate all further legal services regarding Respondent's case. b. Continued representation will result in an unreasonable financial burden on Petitioner. WHEREFORE, Petitioner respectfully requests that his appearance be withdrawn for Respondent and that he be removed from the docket as the attorney of record for Lorraine R. Ross, a/k/a, Lorraine R. Cowman. Respectfully Submitted: BY: Marlin Lamar ley, Esquire 2108 Market/Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: October 25, 2005 ID# 84745 Tel. (717) 763-1800 Attorney for Plaintiff September 29, 2005 Mr. Marlin Markley, Esq. I am giving you this letter as a written termination of you legal services to me. As you know, we talked on September 13th or 12t" about my ending your services. After you agreed, we discussed having my balance of my account made from your office sent to me, or since you are so close to my home, I would be happy to pick it t y w hen Shelly calls me to 'let me know when it is available. I appreciate all that you have done for me and I thank you. Sincerely, Lorraine Ross-Cowman Mr. Marlin Markley, Esq. The Law Offices of Patrick F. Lauer, Jr., 2108 Market Street Aztec Building Camp Hill, Pa. 17011-4706 SO f. 2i"4 Sr Ar-f Itq CAP 44" Ir /"a, i'7o ft - u&Gs LLC ROBERT S. COWMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2001-5962 LORRAINE R. COWMAN, CIVIL ACTION - AT LAW Defendant, IN CUSTODY ---------------------------------------------------------------- ROBERT S. COWMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. LORRAINE R. COWMAN, Defendant, Docket No. 459 SUPPORT 2005 PACSES Case No. 212107407 IN SUPPORT I, Marlin L. Markley, verify that the statements made in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: October 25, 2005 ROBERT S. COWMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. :.No. 2001-5962 LORRAINE R. COWMAN, : CIVIL ACTION - AT LAW Defendant, : IN CUSTODY --------------- ------------------------------------------------ ROBERT S. COWMAN, : IN THE COURT OF,COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 459 SUPPORT 2005 PACKS Case No. 212107407 LORRAINE R. COWMAN, Defendant, : IN SUPPORT I, Marlin L. Markley, Esquire, hereby certify that on the below-noted date I served the foregoing Petition to Withdraw Appearance by depositing a true and exact copy thereof in the United States Mail, first class, postage prepaid, addressed as follows: Lorraine R. Ross 50 South 22nd Street Apartment 4 Camp Hill, PA 17011 Michael L. Bangs, Esquire 429 South 18th Street Camp Hill, PA 17011 Respectfully Submitted Date: October 25, 2005 Marlin k' arkley, Esquire 2108 Mark t Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 -? ;-q ?? ?, ?? L; -? ?, ' ?? =? ?- ?? -< ?__ ?: .. ??, -, ?: iI?9 sue" ?' ??? -?.. ?. ? ._. ,u? ,..n ROBERT S. COWMAN, Plaintiff, VS. LORRAINE R. COWMAN, Defendant, TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5962 CIVIL ACTION - AT LAW IN DIVORCE Kindly withdraw my appearance on behalf of Lorraine Cowman, the Defendant in the above-captioned matter. Respectfully submitted, Date: November 8, 2005 1vlar arkley, Esquire Law ces of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 co ? ? . y . °U y Ca C7 ` W ro •r .. .. ... nte?+as? _ nn"z-u ? ,?_?:a? .r t.p.-„aam-?:zuma?+w?3xw:w'#?:iw?4feesahleo?F?p?#?;?.•'.. AUG2FZU(6 13Y: ROBERT S. COWMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5962 CIVIL TERM V. LORRAINE R. COWMAN, CIVIL ACTION - LAW IN CUSTODY Defendant BAYLEY, P. J. --- ORDER OF COURT AND NOW, this 2:?\ day of August, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. All prior Orders of this Court in this matter are VACATED and replaced with the following Order. 2. Legal Custody. The parties, Robert S. Cowman and Lorraine R. Cowman, shall have shared legal custody of the minor children, Kathleen Cowman, born November 13, 1994, and Peter Cowman, born December 23, 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 children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Father shall have primary physical custody of the minor children subject to Mother's rights of partial custody which shall be arranged as follows: A. Effective August 17, 2006, during summer school recess, from Thursday at 8:30 a.m. until Monday at 10:00 a.m. B. During summer school recess each Tuesday and Thursday at 8:30 a.m. until 10:00 a.m. the next day. The return time on Wednesday and Friday mornings for summer subsequent to 2006 may require an adjustment to the exchange time in accordance with the dictates of the parties' summer work schedules. C. Effective August 29, 2006, during the school year, Tuesdays and Thursdays from immediately after school until 8:00 p.m. -: NO. 01-5962 CIVIL TERM D. Effective September 1, 2006, during the school year, on alternating weekends, from Friday immediately after school until Monday morning, when the children are returned to school. 4. Transportation. The parties will make the children available for the custodial exchanges in a timely fashion and in accordance with the agreed upon schedule delineated above. 5. Holidays. The following holiday schedule supersedes the regular schedule: A. Alternating Holidays. The parties will alternate the following holidays: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving, beginning with Mother having Labor Day 2006. The custodial time for these holidays shall begin at 6:30 p.m. the day before the holiday and continue until 8:30 a.m. the day after the holiday. B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 1:00 p.m. until December 25th at 1:00 p.m. Segment B shall be from December 25th at 1:00 p.m. until December 26th at 1:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. 6. During any period of custody or visitation the Father shall not possess or use controlled substances, or consume alcoholic beverages to the point of intoxication. He shall ensure to the extent possible that other household members and/or house guests comply with this prohibition. With regard to Mother, for a period of twelve (12) hours before and continuing throughout any period of partial custody with the minor children, Mother shall consume no alcoholic beverages nor possess or use any non-prescribed controlled substances whatsoever. 7. Vacation. A. Summer. Each party shall be entitled to two non-consecutive weeks of custody for purposes of summer vacation to occur during the summer school recess. Each parties' vacation period shall commence with their ordinary custodial weekend. For purposes of this paragraph, a week shall commence and end on Fridays. The parties shall provide each other with not less than thirty (30) days written notice of their intended vacation. However, the parent first to provide written notice of their NO. 01-5962 CIVIL TERM intended vacation period shall have choice of the vacation period in the event that the parties have a scheduling conflict. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 8. Each parent shall have the responsibility to arrange transportation for the children to participate in the activities which are scheduled for them during that parent's custodial period. In the event that Mother is unable to arrange transportation, she will make the children available so the Father may get them to their activities. The parties are to discuss the addition of any extra-curricular activities to the children's schedule. Neither party shall unreasonably withhold their consent for the children to participate in extra- curricular activities. 9. In the event either party is unavailable to provide care for the children during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. BY THE Edgar B. VaylK, P. J. Dist: ?Michael L. Bangs, Esquire, 429 S. 18"' Street, Camp Hill, PA 17011 ? ane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 J ?v ? , .? ?.,,,,?..z. , .. ,.._ 4y? - _ _ - ,. _ ...?.,:,,...?...?,?,,.? ..?,? .,:.,m,..?.... - . E (-) r.? t:, rJ _; ?' O i,`Y a? ?rPz '?" a frj ?:.' ,?`a ..7 L)?2 e ?Y C ; ,?_ AUG ? 8 2006 ROBERT S. COWMAN, Plaintiff V. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5962 CIVIL TERM 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kathleen Cowman November 13, 1994 Father Peter Cowman December 23, 1997 Father 2. A Custody Conciliation Conference was schedule for August 11, 2006 as a follow-up to the receipt of Dr. Sheinvold's custody evaluation report. Present for the conference were: the Father, Robert S. Cowman, and his counsel, Michael L. Bangs, Esquire; the Mother, Lorraine R. Cowman, and her counsel, Diane G. Radcliff, Esquire. 3. The parties reached an agreement in the f of er as attached. o (? o Cam/ ate Melissa Peel Greevy, Esqui Custody Conciliator :281317 ROBERT S. COWMAN, Plaintiff VS. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5962 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court to modify its prior order of custody in this matter, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties are the parents of two minor children, Kathleen Cowman, born November 13, 1994, and now age 13, and Peter Cowman, born December 23, 1997, and now age 10. Those children are the subject of prior orders of court entered in this action, the most recent of which was entered on 29 August 2006. A copy of that order is attached hereto and marked as EXHIBIT A. 3. Since the entry of that last order, circumstances have changed which make it impractical and inappropriate that the custody arrangements set out in that order be continued. The problems which require a modification of the order include the following: A. The Defendant, who is a long-term and chronic alcoholic has resumed alcohol abuse to the point where she is no longer able to control her drinking or her conduct; and B. As a result of her alcohol problems, the Defendant has proven to be an unreliable and inconsistent care taker for the children when they are in her custody; and C. Defendant's conduct in the presence of the children has been so inappropriate that she has upset the children to the point at least one of them refuses to spend time with her or to comply with the schedule set out in the order; and D. Plaintiff fears for the safety of the children when they are in Defendant's physical care and custody. As a result of these problems, Plaintiff firmly believes that the custody order last entered in this Case should be modified and that Defendant's periods of temporary custody of the children j?should be suspended immediately. 4. At the time the last order was entered, Defendant was represented by Diane G. Radcliff, Esquire. Plaintiff believes that Ms. Radcliff no longer represents the Defendant and 11 :that, therefore, a copy of this petition and any further proceedings in this matter must be 'served upon the Defendant directly at the following address: Lorraine J. Ross 50 South 22"d Street, Apt. 4 Camp Hill, PA 17011 5. The Defendant does not concur in the request for relief set out in this Petition and Plaintiff anticipates she will resist this Petition. 6. Prior orders of this case have been entered by the Honorable Edgar B. Bayley, P.J. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 •f I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 5,JU 7 31 zoo, g' K??S, ROBERT S. COWMAN RECTF.11 Tt_1:,v L,BUG ? ? 2006 BY: (Y'y _ ROBERT S. COWMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. LORRAINE R. COWMAN, Defendant BAYLEY, P. J. --- NO. 01-5962 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this _ day of August, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. All prior Orders of this Court in this matter are VACATED and replaced with the following Order. 2. Legal Custody. The parties, Robert S. Cowman and Lorraine R. Cowman, shall have shared legal custody of the minor children, Kathleen Cowman, born November 13, 1994, and Peter Cowman, born December 23, 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 children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Father shall have primary physical custody of the minor children subject to Mother's rights of partial custody which shall be arranged as follows: A. Effective August 17, 2006, during summer school recess, from Thursday at 8:30 a.m. until Monday at 10:00 a.m. B. During summer school recess each Tuesday and Thursday at 8:30 a.m. until 10:00 a.m. the next day. The return time on Wednesday and Friday mornings for summer subsequent to 2006 may require an adjustment to the exchange time in accordance with the dictates of the parties' summer work schedules. C. Effective August 29, 2006, during the school year, Tuesdays and Thursdays from immediately after school until 8:00 p.m. NO. 01-5962 CIVIL TERM D. Effective September 1, 2006, during the school year, on alternating weekends, from Friday immediately after school until Monday morning, when the children are returned to school. 4. Transportation. The parties will make the children available for the custodial exchanges in a timely fashion and in accordance with the agreed upon schedule delineated above. 5. Holidays. The following holiday schedule supersedes the regular schedule: A. Alternating Holidays. The parties will alternate the following holidays: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving, beginning with Mother having Labor Day 2006. The custodial time for these holidays shall begin at 6:30 p.m. the day before the holiday and continue until 8:30 a.m. the day after the holiday. B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 1:00 p.m. until December 25th at 1:00 p.m. Segment B shall be from December 25th at .1:00 p.m. until December 26th at 1:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. 6. During any period of custody or visitation the Father shall not possess or use controlled substances, or consume alcoholic beverages to the point of intoxication. He shall ensure to the extent possible that other household members and/or house guests comply with this prohibition. With regard to Mother, for a period of twelve (12) hours before and continuing throughout any period of partial custody with the minor children, Mother shall consume no alcoholic beverages nor possess or use any non-prescribed controlled substances whatsoever. 7. Vacation. A. Summer. Each party shall be entitled to two non-consecutive weeks of custody for purposes of summer vacation to occur during the summer school recess. Each parties' vacation period shall commence with their ordinary custodial weekend. For purposes of this paragraph, a week shall commence and end on Fridays. The parties shall provide each other with not less than thirty (30) days written notice of their intended vacation. However, the parent first to provide written notice of their NO. 01-5962 CIVIL TERM intended vacation period shall have choice of the vacation period in the event that the parties have a scheduling conflict. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 8. Each parent shall have the responsibility to arrange transportation for the children to participate in the activities which are scheduled for them during that parent's custodial period. In the event that Mother is unable to arrange transportation, she will make the children available so the Father may get them to their activities. The parties are to discuss the addition of any extra-curricular activities to the children's schedule. Neither party shall unreasonably withhold their consent for the children to participate in extra- curricular activities. 9. In the event either party is unavailable to provide care for the children during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. BY THE QOURT: g# B. Bayley, P. J. Dist: Michael L. Bangs, Esquire, 429 S. 18"' Street, Camp Hill, PA 17011 Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 TRUE CAPY FROM M T4 imonv ? , a,,f, I hrrR k seal of sai ??: at 3O day o` RECORD nto set my Mllnd )rlisle, P& , ..3 ? o r7l s? ? ROBERT S. COWMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA V. LORRAINE R. COWMAN DEFENDANT 2001-5962 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 04, 2008 , 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 Tuesday, December 02, 2008 at 10:00 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 hearinp,. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ??? ?? ,fir c?? ?? ?' ,,?`? ? ?`'? ??.? -fir' F ? ` ( T'{ ? ?? t;Z? ? t ;J ? ?lltiry ?;?. ? Petition to Withdraw Appearance as Legal Counsel Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for // IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. COWMAN, Plaintiff NO. 01-5962 V. CIVIL ACTION - LAW LORRAINE R. COWMAN, IN CUSTODY Defendant . PETITION TO WITHDRAW APPEARANCE AS LEGAL COUNSEL AND NOW, comes the Petitioner, Diane G. Radcliff, Esquire and files the above referenced Petition and represents that: 1. Your Petitioner is Diane G. Radcliff, Esquire an Attorney duly authorized to practice law in the Commonwealth of Pennsylvania and having a principal place of business located at 3448 Trindle Road, Camp Hill, PA 17011. 2. Plaintiff is Robert S. Cowman and is currently represented by Samuel L. Andes, Esquire. 3. Defendant is Lorraine R. Cowman and is ostensibly represented by Diane G. Radcliff, Esquire. 4. Diane G. Radcliff, Esquire can no longer represent the Defendant because : A. Defendant has had no communication with Petitioner since July 2007. 1 B. Defendant has incurred a substantial account balance owed to Petitioner and has failed or is unable to pay the balance owed when due. 5. On October 31, 2008, Petitioner has contacted Plaintiff's legal counsel regarding this Petition, and Plaintiff's legal counsel advised Petitioner that he is not opposed Petitioner withdrawing her appearance on behalf of the Defendant as requested herein. 6. Petitioner does not know if Defendant opposes this Petition since she does not communicate with Petitioner. 7. This case was previously assigned to the Honorable Edgar E. Bayley, who entered the August 29, 2006 Custody Order. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order granting her leave to withdraw as legal counsel for Defendant, Lorraine R. Cowman. Respectfully submitted, 2 Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. FF, ESQUIRE 3 CERTIFICATE OF SERVICE AND NOW, this 4day of, 20087 I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the foregoing document upon the following named person(s), by mailing same by first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Lorraine R. Cowman 50S22 nd Street, Apt. 4 Camp Hill, PA 17011 4 ?-drilp rnu, rH l Sul 1 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 71- z -: Consent to Withdraw as Legal Counsel Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697• Email: dianeradcliff @comcast.net Attorney for Defendant, Michael P. Keefer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. COWMAN, . Plaintiff NO. 01-5962 V. CIVIL ACTION - LAW LORRAINE R. COWMAN, IN CUSTODY Defendant CONSENT TO THE WITHDRAWAL OF DIANE G. RADCLIFF, ESQUIRE AS DEFENDANT'S LEGAL COUNSEL 1, Samuel L. Andes, Esquire, attorney for Plaintiff in the above captioned matter, hereby consent to the withdrawal of Diane G. Radcliff, Esquire as Defendant's legal counsel and authorize the Court to enter an Order granting Diane G. Radcliff, Esquire leave to withdraw as Defendant's legal counsel. I. L. Andes, uire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 (Attorney for Plaintiff) Iq gove 2zog N c? f a 1 t : d, • V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. COWMAN, Plaintiff NO. 01-5962 V. CIVIL ACTION - LAW LORRAINE R. COWMAN, IN CUSTODY Defendant ORDER AND NOW, this ZI)ri y of Ait?*-(M08 upon consideration of the within Petition IT IS HEREBY ORDERED that Diane G. Radcliff, Esquire is hereby granted leave to withdraw her appearance as legal counsel for the Defendant, Lorraine R. Cowman. BY THE COU stribution to: attorney for Plaintiff: Michael L Bangs, Esquire, 429 S 18th Street, Camp Hill, PA 17011 ,/Defendant: Lorraine R. Cowman, 50 S 22nd Street, Apt. 4, Camp Hill, PA 17011 petitioner: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 (20F ,nom LL Q ? `` C cv [Er, n 120086 ROBERT S. COWMAN vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 2001-5962 CIVIL ACTION LAW LORRAINE R. COWMAN Defendant IN CUSTODY ORDER AND NOW, this 20'h day of November, 2008, the conciliator, being advised by Plaintiffs counsel that the parties no longer require the custody conciliation conference scheduled for December 2, 2008, hereby relinquishes jurisdiction. The custody conciliation conference is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ?` -? - ?' cti }?+ ` , s .?- A ? ( ? i ? ? _' ROBERT S. COWMAN, Plaintiff vs. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5962 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT AND FOR IMMEDIATE RETURN OF CHILD AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court to adjudge the Defendant in contempt of its prior order and to direct the immediate return of the parties child, Peter Cowman, born 23 December 1997 to the custody of Plaintiff, based upon the following: The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties are the parents of two minor children, Kathleen Cowman, born 13 November 1994, and Peter Cowman, born 23 December 1997. The custody of those children is the subject of an order entered by this court on 29 August 2006, a copy of which is attached hereto and marked as EXHIBIT A. 3. Pursuant to the terms of this court's order of 29 August 2006, Plainitff is to have primary physical custody of the children during the school year with Mother having periods of temporary custody on Tuesdays and Thursdays from after school until 8:00 p.m. and on alternating weekends from Friday after school until Monday morning. 4. On Thursday, 1 October 2009, the parties older child was detained by the Camp Hill Police for investigation of a shoplifting charge. The police called Defendant to the station. Defendant went to the station, picked up Kathleen, and then returned to her residence where she kept both Kathleen and Peter, contrary to the provisions of the order. 5. When Plaintiff learned of the incident and discovered that the children were then with Defendant, he requested their return in accordance with the terms of the custody order. Defendant refused to return either child. 6. In an effort to defuse tensions between the parties, Plaintiff agreed to permit Defendant to retain the custody of both children for the weekend. 7. On Monday, 5 October 2009, Defendant returned custody of Kathleen to Plaintiff. Defendant refused, however, to return Peter to Plaintiff's custody at that time. She has retained custody of Peter. 8. Defendant is in violation of this court's order as a result of the conduct described above. Despite repeated requests and demands from Plaintiff, Defendant has refused to comply with the order and return custody of Peter to Plaintiff. 9. Defendant, by her conduct, has displayed contempt for this court's order. Plaintiff believes that enforcement action by this court will be necessary to assure future compliance with that order. 10. Prior orders in this action have been entered by the Honorable Edgar B. Bayley. 11. Defendant does not concur in the relief requested in this petition. WHEREFORE, Plaintiff prays this court to take the following action: A. Direct the immediate return of Peter Cowman to the custody of Plaintiff in compliance with this court's order of 29 August 2006; B. Conduct a hearing on the matters raised in this Petition; C. Following such hearing, adjudge Defendant in contempt of this court's order of 29 August 2006; and D. Impose such sanctions, with reasonable purge conditions, as will assure Defendant's future compliance with this court's order. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12t' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 6-c? (71 1'200q ROBERT S. COWMAN EXHIBIT A <JE'l V 1-CU LROBERT S. COWMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5962 CIVIL TERM V. CIVIL ACTION - LAW LORRAINE R. COWMAN, : : IN CUSTODY Defendant BAYLEY, P. J. --- ORDER OF COURT AND NOW, this day of August, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. All prior Orders of this Court in this matter are VACATED and replaced with the following Order. 2. Legal Customs. The parties, Robert S. Cowman and Lorraine R. Cowman, shall have shared legal custody of the minor children, Kathleen Cowman, born November 13, 1994, and Peter Cowman, born December 23, 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 children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Father shall have primary physical custody of the minor children subject to Mother's rights of partial custody which shall be arranged as follows: A. Effective August 17, 2006, during summer school recess, from Thursday at 8:30 a.m. until Monday at 10:00 a.m. B. During summer school recess each Tuesday and Thursday at 8:30 a.m. until 10:00 a.m. the next day. The return time on Wednesday and Friday mornings for summer subsequent to 2006 may require an adjustment to the exchange time in accordance with the dictates of the parties' summer work schedules. C. Effective August 29, 2006, during the school year, Tuesdays and Thursdays from immediately after school until 8:00 p.m. AU G 2 P 2006 BY: ? Exhibit ? J NO. 01-5962 CIVIL TERM D. Effective September 1, 2006, during the school year, on alternating weekends, from Friday immediately after school until Monday morning, when the children are returned to school. 4. Transportation. The parties will make the children available for the custodial exchanges in a timely fashion and in accordance with the agreed upon schedule delineated above. 5. Holidays. The following holiday schedule supersedes the regular schedule: A. Alternating Holidays. The parties will alternate the following holidays: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving, beginning with Mother having Labor Day 2006. The custodial time for these holidays shall begin at 6:30 p.m. the day before the holiday and continue until 8:30 a.m. the day after the holiday. B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 1:00 p.m. until December 25th at 1:00 p.m. Segment B shall be from December 25th at .1:00 p.m. until December 26th at 1:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. 6. During any period of custody or visitation the Father shall not possess or use controlled substances, or consume alcoholic beverages to the point of intoxication. He shall ensure to the extent possible that other household members and/or house guests comply with this prohibition. With regard to Mother, for a period of twelve (12) hours before and continuing throughout any period of partial custody with the minor children, Mother shall consume no alcoholic beverages nor possess or use any non-prescribed controlled substances whatsoever. 7. Vacation. A. Summer. Each party shall be entitled to two non-consecutive weeks of custody for purposes of summer vacation to occur during the summer school recess. Each parties' vacation period shall commence with their ordinary custodial weekend. For purposes of this paragraph, a week shall commence and end on Fridays. The parties shall provide each other with not less than thirty (30) days written notice of their intended vacation. However, the parent first to provide written notice of their NO. 01-5962 CIVIL TERM intended vacation period shall have choice of the vacation period in the event that the parties have a scheduling conflict. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 8. Each parent shall have the responsibility to arrange transportation for the children to participate in the activities which are scheduled for them during that parent's custodial period. In the event that Mother is unable to arrange transportation, she will make the children available so the Father may get them to their activities. The parties are to discuss the addition of any extra-curricular activities to the children's schedule. Neither party shall unreasonably withhold their consent for the children to participate in extra- curricular activities. 9. In the event either party is unavailable to provide care for the children during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. BY TH Dist: Michael L. Bangs, Esquire, 429 S. 18" Street, Camp Hill, PA 17011 Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 TRUE COPY FROM RECORD I nto set my Ir W In T 'mony in Vy( and seal sav! at arlisk K 41 # )p Th' .... O d .3 t - iPy ? 4, 1? ~~ FE9 ~~ 9 Zotu~ LORRIANE R. COWMAN Plaintiff vs. ROBERT R. COWMAN Defendant IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . 2001-5962 : IN CUSTODY CIVIL ACTION LAW ORDER OF COURT AND NOW this ~ ~~ ~_ day of ~ 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother's Petition for Modification is dismissed. 2. The prior Order of this Court dated August 29, 2006 shall continue in effect. BY THE COURT, ~~ J. cc: uis J. Michelsen, Es uire -Counsel for q Mother n r- _~ -, Samuel L. Andes, Esquire -Counsel for Father te . ~~ ° _ '' -r n., ; n ~ , ~:O 6 £ S ryr ~ ~ . --. ~ ~ ~ t ~, w _ e,, =*, ~ , c ' " ~ _. ala.a~~d _ : ~ W LORRIANE R. COWMAN Plaintiff vs. ROBERT R. COWMAN Defendant Prior Judge: Edgar B. Bayley 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-5962 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 BIRTH CURRENTLY IN CUSTODY OF Kathleen Cowman November 13, 1994 Father Peter Cowman December 23, 1997 Father 2. A custody conciliation conference on the Mother's Petition for Modification was held on February 15, 2010, with the following individuals in attendance: the Mother's counsel, Louis J. Michelsen, Esquire, and the Father, Robert R. Cowman, with his counsel, Samuel L. Andes, Esquire. 3. As the Mother did not appear at the conference in order to proceed with her Petition, it was agreed that the Petition for Modification would be dismissed at this time, with the Mother having the right to refile the Petition if desired at a later time. ~, l-eb r~ cry, /(~ , a0 /~ Date Dawn S. Sunday, Esquire Custody Conciliator ROBERT S. COWMAN, Plaintiff V. LORRAINE R. COWMAN, Defendant AND NOW, this 3RD following order: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5962 CIVIL TERM f r7 6wr.f " N) 7 ORDER OF COURT ter: • • -,? l'7 day of SEPTEMBER 2010 after a hearing we ente4e , , All prior Orders of this Court in this matter are VACATED and replaced with the following order. 2. Leizal Custody. The parties, Robert S. Cowman and Lorraine R. Cowman, shall have shared legal custody of the minor children, Kathleen Cowman, born November 13, 1994, and Peter Cowman, born December 23, 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 children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other, parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. The parties shall share physical custody of the children on a week on week off basis commencing Sunday, September 5, 2010. The non- custodial parent shall have visitation with the children from after school or work whichever is later until 8:00 p.m. Each Wednesday the parent exercising visitation shall ensure that the children complete their homework. If the children visit with the non-custodial parent at other times he or she shall immediately notify the custodial parent. 4. The children are directed to begin therapeutic counseling as soon as practical. The parties are to split the cost not covered by insurance. 5. Holidays. The following schedule supersedes the regular schedule: A. Alternating Holidays. The parties will alternate the following holidays: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving, beginning with Mother having Labor Day 2010. The custodial time for these holidays shall begin at 6:30 p.m. the day before the holiday and continue until 8:30 a.m. the day after the holiday. B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 1:00 p.m. until December 25 at 1:00 p.m. Segment B shall be from December 25th at 1:00 p.m. until December 26, at 1:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. 6. During any period of custody or visitation the Father shall not possess or use controlled substances, or consume alcoholic beverages to the point of intoxication. He shall ensure to the extent possible that other household members and/or house guests comply with this prohibition. With regard to Mother, she shall not consume any alcohol throughout any period of custody or within twelve (12) hours of any visitation. 7. Each party shall be entitled to two non-consecutive weeks of custody for purposes of summer vacation to occur during the summer school recess. Each party's vacation period shall coincide with their ordinary custodial weekend. For purposes of this paragraph, a week shall commence on Saturday at 9:00 a.m. and end on the regularly scheduled Sunday. The parties shall provide each other with not less than thirty (30) days written notice of their intended vacation. However, the parent first to provide written notice of their intended vacation period shall have choice of the vacation period in the event that the parties have a scheduling conflict. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 8. Each parent shall have the responsibility to arrange transportation for the children to participate in the activities which are scheduled for them during that parent's custodial period. In the event that Mother is unable to arrange transportation, she will make the children available so the Father may get them to their activities. The parties are to discuss the addition of any extra- curricular activities to the children's schedule. Neither party shall unreasonable withhold their consent for the children to participate in extra- curricular activities. 9. In the event either party is unavailable to provide care for the children during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 10. The parties may amend or alter the provisions of this order either temporarily or permanently by mutual agreement. the Court, Edward E. Guido, J. ?Samuel L. Andes, Esquire 525 North 12TH Street, P.O. Box 168 Lemoyne, Pa. 17043 "_ Louis J. Michelsen, Esquire 800 North 2nd Street Suite 100 Harrisburg, Pa. 17102-3233 :sld YL:a- t L?rl ROBERT S. COWMAN IN THE COURT OF COMMON PLEAS OF 1'I..AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2001-5962 CIVIL ACTION LAW LORRAINE R. COWMAN IN CUSTODY DFFENDANT ORDER OF COURT AND NOW, Tuesday, October 20, 200 , 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 Wednesday, November 18, 2009 at 2:00 PM 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 ofa 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 Es q. _ 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 infonnation 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 N(,-)'I' HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE I 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 ?: ? F , rr: rnp 7 ROBERT S. COWMAN, Plaintiff vs. OCT 14 2009 61 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5962 CIVIL TERM LORRAINE R. COWMAN, Defendant IN CUSTODY ORDER OF COURT AND NOW this day of , 2009, upon the Petition of the Plaintiff to hold the Defendant in contempt and for the immediate return of custody of one of the children, we hereby order and decree as follows: 1. Defendant is hereby directed to immediately return the child Peter Cowman to the physical custody of the Plaintiff. The Sheriff of Cumberland County and the Camp Hill Borough Police Department are hereby authorized to enforce this provision of this order, if that is necessary. 2. Plaintiff's petition for contempt is hereby referred to the conciliator assigned to this case for further proceedings. The court will entertain further proceedings on that petition after receiving a report from the conciliator. 3. Pending further order of this court, both parties shall comply with our order of August 29, 2006. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 N. 12th Street, P.O. Box 168, Lemoyne, PA 17043 BY THE COURT, J. Lorraine Ross, pro se (Defendant) 50 South 22"d Street, Apt. 4, Camp Hill, PA 17011 ROBERT S. COWMAN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5962 CIVIL TERM LORRAINE R. COWMAN, Defendant IN CUSTODY ORDER OF COURT AND NOW this day of , 2009, upon the Petition of the Plaintiff to hold the Defendant in contempt and for the immediate return of custody of one of the children, we hereby order and decree as follows: 1. Defendant is hereby directed to immediately return the child Peter Cowman to the physical custody of the Plaintiff. The Sheriff of Cumberland County and the Camp Hill Borough Police Department are hereby authorized to enforce this provision of this order, if that is necessary. 2. A hearing is hereby scheduled on Plaintiff's Petition, to be held before the undersigned in Court Room No. of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at o'clock in. on the day of 2009. 3. Pending further order of this court, both parties shall comply with our order of August 29, 2006. BY THE COURT, J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 N. 12t' Street, P.O. Box 168, Lemoyne, PA 17043 Lorraine Ross, pro se (Defendant) 50 South 22nd Street, Apt. 4, Camp Hill, PA 17011 ROBERT S. COWMAN, Plaintiff vs. LORRAINE R. COWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5962 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT AND FOR IMMEDIATE RETURN OF CHILD AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court to adjudge the Defendant in contempt of its prior order and to direct the immediate return of the parties child, Peter Cowman, born 23 December 1997 to the custody of Plaintiff, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties are the parents of two minor children, Kathleen Cowman, born 13 November 1994, and Peter Cowman, born 23 December 1997. The custody of those children is the subject of an order entered by this court on 29 August 2006, a copy of which is attached hereto and marked as EXHIBIT A. 3. Pursuant to the terms of this court's order of 29 August 2006, Plainitff is to have primary physical custody of the children during the school year with Mother having periods of temporary custody on Tuesdays and Thursdays from after school until 8:00 p.m. and on alternating weekends from Friday after school until Monday morning. 4. On Thursday, 1 October 2009, the parties older child was detained by the Camp Hill Police for investigation of a shoplifting charge. The police called Defendant to the station. Defendant went to the station, picked up Kathleen, and then returned to her residence where she kept both Kathleen and Peter, contrary to the provisions of the order. 5. When Plaintiff learned of the incident and discovered that the children were then with Defendant, he requested their return in accordance with the terms of the custody order. Defendant refused to return either child. 6. In an effort to defuse tensions between the parties, Plaintiff agreed to permit Defendant to retain the custody of both children for the weekend. 7. On Monday, 5 October 2009, Defendant returned custody of Kathleen to Plaintiff. Defendant refused, however, to return Peter to Plaintiff's custody at that time. She has retained custody of Peter. 8. Defendant is in violation of this court's order as a result of the conduct described above. Despite repeated requests and demands from Plaintiff, Defendant has refused to comply with the order and return custody of Peter to Plaintiff. 9. Defendant, by her conduct, has displayed contempt for this court's order. Plaintiff believes that enforcement action by this court will be necessary to assure future compliance with that order. 10. Prior orders in this action have been entered by the Honorable Edgar B. Bayley. 11. Defendant does not concur in the relief requested in this petition. WHEREFORE, Plaintiff prays this court to take the following action: A. Direct the immediate return of Peter Cowman to the custody of Plaintiff in compliance with this court's order of 29 August 2006; B. Conduct a hearing on the matters raised in this Petition; C. Following such hearing, adjudge Defendant in contempt of this court's order of 29 August 2006; and D. Impose such sanctions, with reasonable purge conditions, as will assure Defendant's future compliance with this court's order. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: C? 12Ooq "w/ ROBERT S' COWMAN EXHIBIT A LBYAUG 2006 : (fit ROBERT S. COWMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5962 CIVIL TERM V. LORRAINE R. COWMAN, Defendant BAYLEY, P. J. --- CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of August, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. All prior Orders of this Court in this matter are VACATED and replaced with the following Order. 2. Legal Custody. The parties, Robert S. Cowman and Lorraine R. Cowman, shall have shared legal custody of the minor children, Kathleen Cowman, bom November 13, 1994, and Peter Cowman, bom December 23, 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 children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Father shall have primary physical custody of the minor children subject to Mother's rights of partial custody which shall be arranged as follows: A. Effective August 17, 2006, during summer school recess, from Thursday at 8:30 a.m. until Monday at 10:00 a.m. B. During summer school recess each Tuesday and Thursday at 8:30 a.m. until 10:00 a.m. the next day. The return time on Wednesday and Friday mornings for summer subsequent to 2006 may require an adjustment to the exchange time in accordance with the dictates of the parties' summer work schedules. C. Effective August 29, 2006, during the school year, Tuesdays and Thursdays from immediately after school until 8:00 p.m. NO. 01-5962 CIVIL TERM D. Effective September 1, 2006, during the school year, on alternating weekends, from Friday immediately after school until Monday morning, when the children are returned to school. 4. Transportation. The parties will make the children available for the custodial exchanges in a timely fashion and in accordance with the agreed upon schedule delineated above. 5. Holidays. The following holiday schedule supersedes the regular schedule: A. Alternating Holidays. The parties will alternate the following holidays: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving, beginning with Mother having Labor Day 2006. The custodial time for these holidays shall begin at 6:30 p.m. the day before the holiday and continue until 8:30 a.m. the day after the holiday. B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 1:00 p.m. until December 25th at 1:00 p.m. Segment B shall be from December 25th at 1:00 p.m. until December 26th at 1:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. 6. During any period of custody or visitation the Father shall not possess or use controlled substances, or consume alcoholic beverages to the point of intoxication. He shall ensure to the extent possible that other household members and/or house guests comply with this prohibition. With regard to Mother, for a period of twelve (12) hours before and continuing throughout any period of partial custody with the minor children, Mother shall consume no alcoholic beverages nor possess or use any non-prescribed controlled substances whatsoever. 7. Vacation. A. Summer. Each party shall be entitled to two non-consecutive weeks of custody for purposes of summer vacation to.9ccur during the summer school recess. Each parties' vacation period shall co,m (-hce with their ordinary custodial weekend. For purposes of this paragraph, a week shall commence and end on Fridays. The parties shall provide each other with not less than thirty (30) days written notice of their intended vacation. However, the parent first to provide written notice of their NO. 01-5962 CIVIL TERM intended vacation period shall have choice of the vacation period in the event that the parties have a scheduling conflict. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 8. Each parent shall have the responsibility to arrange transportation for the children to participate in the activities which are scheduled for them during that parent's custodial period. In the event that Mother is unable to arrange transportation, she will make the children available so the Father may get them to their activities. The parties are to discuss the addition of any extra-curricular activities to the children's schedule. Neither party shall unreasonably withhold their consent for the children to participate in extra- curricular activities. 9. In the event either party is unavailable to provide care for the children during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. BY TH B. Bayley, P. J. Dist: Michael L. Bangs, Esquire, 429 S. 181' Street, Camp Hill, PA 17011 Diane G. Radcliff, Esquire, 3448 Undle Road, Camp Hill, PA 17011 TRUE COPY FROM RECORD rnonyl v.IACE. nto set my _1 .,t Y(V..., .a !%k he1e DF 7H,?,', 209 ^n a?? c;.. • Gd A * r #11 !f ~ < .~. • - ~, ~F~1~b~~n-~F,~IC~ ` 0~ ~a.~~ zy ,~,.1~,,~,'~~T~R ~;(_r~s ..tlri. ROBERT S.. COWMAN, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION -LAW ). , NO. 01-5962 CIVIL TERM LORRAINE R. COWMAN, ) Defendant ) IN CUSTODY ORDER AND NOW this _~~~~~ay of ~~~~~_, 2010, upon the agreement of the parties, we hereby, amend our Order of September 3, 2010, as follows: 1. Paragraph 3 of the Order shall be deleted and replaced entirely with the following: 3. Physical Custody. The parties shall share physical custody of the children on a week on week off basis commencing Sunday, September S, 2010. The non-custodial parent shall have visitation with the children from after school or work whichever is later until 8:00 p.m. each Wednesday. The parent exercising visitation shall ensure that the children complete their homework If the children visit with the non-custodial parent at other times he or she shall immediately notify the custodial parent. 2. In all other respects, our order of September 3, 2010 is confirmed without further amendment. BY THE C T; J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 ~ Louis J. Michelsen, Esquire (Attorney for Defendant) 800 N. Second Street, Suite 100, Harrisburg, PA 17102 ~p t ~Fs ~~ c ~~, I /U ~,7 !D I I ._ : e . ROBERT S. COWMAN, Plaintiff vs. LORRAINE R. COWMAN, Defendant STIPULATION CIVIL ACTION -LAW NO. 01-5962 CIVIL TERM IN CUSTODY AND NOW come the above-named parties, by their counsel, and stipulate and agree that the attached Order shall be entered by the court to correct an apparent error in Paragraph 3 of its Order of September 3, 2010. n Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Luis J. Michelsen, Esquire Attorney for Defendant Supreme Court ID# 9 o S ~~ MAILING ADDE839: P• O. BOR~ 168 LBMOYNB, PA 17043-0168 8-MAIL: LewAndespaot.com SAMUEL L. ANDES ATTOBNEY AT LAW 525 NOETH TWELFTH STBEET P. O• BOX 168 LEMOYNE, PENNSYLVANIA 17043 T8L8P$ON8 (717) 761.6361 FAX (717) 761-1436 22 October 2010 The Honorable Edward E. Guido Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Judge Guido: RE: Lorraine R. Cowman vs. Robert S. Cowman No. 2001-5962 /Custody The above parties were before you in August and you entered an order on 3 September 2010. Upon review of the order, the parties found a typographical error and some omitted language which we need in the order to make it clear. I enclose a proposed order amending your order of 3 September 2010, and a stipulation signed by counsel for both parties agreeing to the amendment of the order. If you have any questions on this matter, please feel free to contact Mr. Michelsen, or myself. Thank you for you cooperation. Sincerely, _ _ ~_ ~, >. ~at~uel L. des amh /Enclosure cc: Louis J. Nicholsen, Esquire Mr. Robert S. Cowman 3 ROBERT S. COWMAN Plaintiff VS. LORRAINE R. COWMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • C 4 `r'i 2001-5962 CIVIL ACTION LAW rn to MIM C= -CD N ) r-2 IN CUSTODY a° C13 C)-n ---1 C. ?' ORDER OF COURT AND NOW, this iZ day of VuivE , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated September 3, 2010 and October 25, 2010 are suspended pending a follow-up custody conciliation conference as provided in this Order. 2. The Mother shall obtain a written report from a Drug and Alcohol counselor/agency evaluating the Mother's need for counseling/treatment, confirming any current participation in treatment and assessing the Mother's ability to manage a custody schedule without risk to the Children. The Mother shall provide the counselor's report to her counsel and to the Father, through counsel. 3. After counsel for the parties have had an opportunity to review the report which shall be obtained under prior provision of this Order, counsel for either party may contact the conciliator to schedule a follow-up conciliation conference to establish ongoing arrangements which will best meet the Children's needs. 4. Pending the follow-up conciliation conference, the Father shall have primary physical custody of the Children and the Mother shall have periods of partial physical custody with the Children as arranged by agreement between the parties, for which the Father's consent shall not be unreasonably withheld. 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. BY COURT, Edward E. Guido J. cc: ?Samuel L. Andes, Esquire Counsel for Father ? Louis J. Michelson, Esquire - Counsel for Mother P? P5 Met, led /J (//i i ,elz t ROBERT S. COWMAN vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2001-5962 CIVIL ACTION LAW LORRAINE R. COWMAN Defendant Prior Judge: Edward E. Guido 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 BIRTH CURRENTLY IN CUSTODY OF Kathleen Cowman November 13, 1994 Mother/Father Peter Cowman December 23, 1997 Mother/Father 2. A custody conciliation conference was held on June 20, 2011, with the following individuals in attendance: the Father, Robert S. Cowman, with his counsel, Samuel L. Andes, Esquire, and the Mother's counsel, Louis J. Michelson, Esquire, who participated by telephone. The Mother, Lorraine R. Cowman, did not appear for the conference or contact the conciliator. 3. Based upon the representations made at the conference by both counsel and the Father and with the agreement of all participating, the conciliator recommends an Order in the form as attached. ?e aor Date Dawn S. Sunday, Esquire Custody Conciliator