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HomeMy WebLinkAbout03-4309 vs. BRUCE WALLACE ROUSE, Defendant IN THE COURT OF COMMON PLEAS OF (') C:J 0 CUMBERLAND COUNTY, PENNS~ V .@Ik~ -"tiC;, p1 --,"' n"iri, --0 " CIV~ffERM (n. ~ G' -<.,: r~l..; ~T\ 2~ C' -~ ~f~ S-? ..:". NO. 03 - <J 3(YI AMY SUZANNE EBY, Plaintiff COMPLAINT FOR CUSTODY :2 i=:,~ _ 'T' i ,(~~ . ::0 , ,") :j?-n S' "'''') :<. CUSTODY r'.l 1. The phintiff is Amy Suzanne Eby, residing at 4540 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Bruce Wallace Rouse, residing at 2109 Cedar Run Drive, Apartment 105, CIl11p Hill, Cumberland County, Pennsylvania 17011. 3. The plaintiff seeks custody of the following child: Name Present Residence Age Terri Marie Rouse 4540 Rolo Court 03/05/01 Mechanicsburg, P A 17055 The child, Terri Marie Rouse, was born out of wedlock. Thc child is presently in the custody of the mother, who resides at 4540 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. During the child's lifetime, she has resided with the following persons and at the following addrcssl.:s: Name Address Date Bruce Wallace Rouse Amy SUZ"ill1e Eby Terri Mari ~ Rouse 4540 Rolo Court March 2001- June 2001 Mechanicsburg, PA 17055 Amy Suzallne Eby, Bruce Wallace Rouse Terri Mari~ Rouse 2109 Cedar Run Drive Apartment 105 Camp Hill, PA 17011 June 2001- Sept. 200 I Amy Suzallne Eby, Terri Mari~. Rouse 4540 Rolo Court Sept. 2001- Present Mechanicsburg, P A 17055 The mother of the child is Amy Suzanne Eby, currently residing at 4540 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is single. The father of the child is Bruce Wallace Rouse, currently residing at 2109 Cedar Run Drive, Apartment 105, Camp Hill, Cumberland County, Pennsylvania 170 II. He is singl'~. 4. The rcI:-tionship ofplaintiffto the child is that of mother. The plaint; ff currently resides with the following persons: Name Relationship Terri Mari.: Rouse Daughter 5. The rchtionship of defendant to the child is that off ather. Thc defelldant currently does not reside with anyone. 6. The phlintifI has not participated as a party or witness, or in another capacity, in other litigation concernillg the custody of the child in this or another court. 7. The plnintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody "f the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested fo!' reasons including, but not limited to the following: a) The plaintiff has been the primary caregiver since the child's birth. The plaintiff has provided for the child's emotional, physical, educational, and medical needs including establishing a stable home environment for her, and she can continue to provide for the child. b) The plaintiff has facilitated contact between the defendant and the child and she is the parent who can best do so in the future. c) The defendant has not acted in the best interest of the child in ways including but not limited to the fact that the defendant has abused alcohol in the presence of the child, and his behavior while drinking adversely affects the child. 10. The plaintiff requests that the court grant her primary physical custody of the child su bj cc t to partial custody in the defendant. II. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant her primary physical custody of the child. P]ainti IT further requests any other relief that is just and proper. ~espectfully submitted, r;:~ ,J--c I C', j I. ,c/Il \:A,-,"c"><---J_ ./Joan Carey, Attome#or Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Amy Suzanne Eby, verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities, Date: ,3- S -03 ~~~ fv~;? S'-':\tL~t-4Ci C~~ Amy SuZanne EOy, Plainti~ t. l{ SEP 0 ~ lOO3 ~ AMY SUZANNE EBY, Plaintiff : In the Court of Common Pleas of vs. : Cumberland County, Pennsylvania ; No. 03- 400~ Civil Term BRUCE WALLACE ROUSE, Defendant : Custody CUSTODY ORDER AND NOW, this Sl^ day Of~003, the following Order is entered by consent of the parents with regard to custody of the parents' child, Terri Marie Rouse, born March 5, 2001: I. Plaintiff, Amy Suzanne Eby, hereinafter referred to as the mother, and Defendant, Bruce Wallace Rouse, hereinafter referred to as the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall have partial physical custody of the child at times mutually agreed upon by the mother and father. 4. The father shall not consume alcohol at any time during the day of a scheduled period of custody or during the time the child is in his custody. 5. The mother and father, by mutual agreement, may vary from this schedule at any time. If the parents do not reach a mutual agreement, this custody order shall be controlling. 6. The mother and father agree that each shall notify the other immediately of medical emergencies that arise while the child is in that parent's care. 7. Neither parent shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for , Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: '~i~e~ Alny S an Eby, Plaint' '3~ w IT'- ruce Wallace Rouse, Defendant, Pro Se - an Carey, Attorney for MidPenn Legal Services 8 Irvine Row, Carlisle, P A 17013 (') C) (" C (..<-' ~, ?.: - ~-'I e/1 "'0 LT: :4'1 m "'" Z :J-' " ~_.- z r;- (]j r::'; '. .,- " ........, ~;;; . ., ~ L 50-" Co, N c: -;';' "-I ~ :::> ,<c.. {'T> ~j":" -< Amy Suzanne Eby, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYL V AN1A vs. No. 033-1'309 CIVIL TERM Bruce Wallace Rouse, Defendant IN CUSTODY PETITION TO PROCEED IN FORMA PAUPERIS The Petitioner, Amy Suzanne Eby, is the Plaintiff in this action. On her behalf, I, Joan Carey, attorney for MidPenn Legal Services, do hereby certify that the Petitioner is indigent according to the poverty guidelines of MidPenn Legal Services. MidPenn Legal Services is assisting the Petitioner in filing for custody. The Petitioner's Financial Affidavit showing inability to pay the costs oflitigation is attached hereto. Petitioner requests leave to proceed without payment of fees or costs. an Carey, Attorney for PI MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 AMY SUZANNE EBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. CIVIL TERM BRUCE WALLACE ROUSE, Defendant AFFIDAVIT IN SUPPORT OF PETITION TO PROCEED IN FORMA PAUPERIS I. I am thep!J/'/'l fl' FF in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (,) N_, ~ 5' ikd1n8,j 6-/{L (b) Address: L{ D ~ It! 0Jwd--. ~~I M /ltJJr (c) Social Security Number: 7-{) l- ?6 ---cl :r7J If you are presently employed, state Employer: 40 & ( C;pi rJ, f U 5f/~ / Address: Salary or wages per month: $> l L C() I IJO ( (~ Type of work: (\ JA.J1PQ ~ If you are presently unemployed, state Salary or wages per month: .rJ ( It NIl) t I Date of last employment: Type of work: (1-1 1fT - ( (c) Other income within the past twelve months Business or profession: -;J lit ( , Other self-employment: tV / /! ( Interest: N /,,1 I 1\) //1 I Dividends: Pension and annuities: tV /1/ I Social Security benefits: tJ /,4- Support payments: J:z on ; ^^~ I Disability payments: f\. J 1 If I Unemployment compensa~qn ap.d,4. supplemental benefits: --.JV I / I I Workman's compensation: ----0J J..4- IN Public Assistance: (\) I l' / I Other: -f\J If (d) Other contributions to household support (Wife)(Husband) Name: I- )~, If your (husband) (wife) is employed, state Employer: tJ lif- t' Salary or wages per month: rJ / If I Type of work: A1 / It f Contributions from children: rJl/f . (e) Property owned r \ Q,' C), Cash: Y'^~ L ~ ~ laD) , I \ Checking Account ~ [. ~ ) Savings Account.{ Z~ Certificates of Deposit rJ /.11 , r t1 J JI\ Real Estate (including home): M~ f{J ~ (I () IN Of<.nt ~ . '-l Motor vehicle: Makerl#- Year Cost Amount owed Stocks; bonds: N I If , I Other: N / 11 , (f) Debts and obligations Mortgage: ff'J / It .t:rJ1.f, 11 Rent: 2/r;'O / ., vr- / . Loans: ~+~ ~ UtR,Q/I Ayi ~ -10 bL q5 02) Monthly Expensesj,,,,';;;pM" -f-C601 )[300, Ce.-fA-J----f'Gf){); J2 ~b I ' /" tiAM-,UM/'Zi:/&lv- $'3~D _$yf.D pj}ffi-~- -P 7 S; _~- -3 CJO .to j t{(Jb 1J~ w~ (g) Persons dependent upon you for support (Wife) (Husband) Name: tJ /11- I Children, if any: Nam~; rYl ~ Age: 2/~ 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 5. 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. 4904, relating to unsworn falsification to authorities. Date:! ---(2--03 ~~ff (') 0 0 c (.;) -r; ~~ ;/) Uni :" nOlf'i, .."1,) ,~- 2:.:x: t 'Ii -~ \,:} OJ (.....; r5,;:- " (:-; ..- ~. "1) -T, "1 e." ~- .:~) ~ - ~ (j U no 5> c:: ~ --oj :z ~,. -j JJ -, r-.:> -< AMY SUZANNE HARTMAN (EBY),: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW BRUCE WALLACE ROUSE, Defendant : NO. 03-4309 CIVIL TERM WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Petitioner, Amy Suzanne Hartman, at the above captioned docket. Dated: , ILi/OIe , MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 PLEASE enter my appearance as attorney of record on behalf of the Petitioner, Amy Suzanne Hartman, at the above captioned docket. Respectfully submitted by: ,--. I' .~ . 1" Y...Y\f-1 (,~--r';"~-7L~Y'~ JilfHammill Certified Legal Intern . ,-', ,'j ~_Lc~.'LU eViL>;! i / - "AI L. "--_ ROBERt-INS THOMAS M. PLACE LUCY JOHNSTON- WALSH ANNE MACDONALD-FOX WILLIAM G, MARTIN F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 .. THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 AMY SUZANNE HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-4309 CIVIL TERM BRUCE WALLACE ROUSE, Defendant CIVIL ACTION - LAW CUSTODY ACTION PETITION TO MODIFY CUSTODY ORDER 1. The Defendant/Petitioner is Bruce Wallace Rouse, hereinafter referred to as Father, residing at 3533 Rolo Court, Mechanicsburg, Pennsylvania 17055. 2. The Defendant is Amy Suzanne Hartman, hereinafter referred to as Mother, residing at 4540 Rolo Court, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff and Defendant are the biological parents of Terri Marie Rouse, born March 5, 2001. 4. Father seeks to Modify the Order dated September 5, 2003, by granting him joint legal custody and significant partial physical custody of Terri. The current Order is attached as exhibit A. 5. Pursuant to the current order, the parties have joint legal custody of Terri with Mother having primary physical custody. 6. Terri's best interest will be served if Father is given specific meaningful periods of partial custody because: A. He will place the interest of the Terri before his own. B. He will provide a stable home environment. WHEREFORE, Mother requests that this honorable court grant him joint legal and significant periods of partial physical custody of Terri Respectfully submitted, ~9rJ(L) ~ Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 . VERIFICATION I , Bruce Wallace Rouse, hereby certify that the foregoing PETITION TO MODIFY CUSTODY ORDER is true and correct to the best of my knowledge, information and belief. 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. DATED: 7id-o)~ BrUAk' {vJ R lJU^.-/ Bruce Wallace Rouse 3 ... BRUCE W. ROUSE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-4309 CIVIL ACTION LAW AMY S. HARTMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Thursday, July 27, 2006 , 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 MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Thursday, Au~ust 24, 2006 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 P. Gree Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 170 I 3 Telephone (7 I 7) 249.3166 ~ IP ~ ~ ~ 1()-$e~1.. .~% ~~Jt. 'V~-e.(, ~ j;:tJ 7 ~ ttN(J -p?? "J().gt?-L rt. . C" P \ (n -1'1\, 1,-,0 ".> ,,':. 0;'" \,\1 :](1 . 'J=P"CT,<"TV'H'Y' 1 ~ J'-J..... J'-'J, ,-'J,J / SEP II 5 20(;6 Plaintiff . l!~Y:_----, ' IN THE COURT OF COMMvN'pCEASUF".' CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4309 CIVIL TERM BRUCE W. ROUSE, v. CIVIL ACTION - LAW AMY S. HARTMAN, IN CUSTODY Defendant Guido, J - - ORDER OF COURT I J+\ ~~f- AND NOW, this ~ day of . list, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of September 5,2003, is VACATED and replaced with the following Order. 2. Leaal Custodv. The parties, Bruce W. Rouse and Amy S. Hartman shall have shared legal custody of the minor child, Terri Marie Rouse, born March 5, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and 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. Either parent may, during that parent's physical custody of the child, make decisions as require by an emergency or sudden illness. Each parent shall immediately communicate to the other the existence of any medical, legal or educational emergency that may occur with respect to the child. Each parent shall also have the duty to immediately contact the other regarding illness. For purposes of this Order, the word "illness" shall mean any disability that confines to the child to bed under the direction of a licensed physician for a period in excess of forty-eight (48) hours, or any serious injury to a child that would require emergency room or other immediate treatment, or that requires hospitalization. Education and legal emergencies shall include the situations where there is an imminent threat to the child's well-being or any change of the current school or institution. Each parent shall, as soon as practically possible, make full disclosure to the other of the facts and circumstances pertinent to the child's upbringing and welfare of which that parent . NO. 03-4309 CIVIL TERM has knowledge or notice. Each shall provide the other with copies or duplicate originals of records pertaining to the child including, but not limited to: 1. Medical diagnosis and treatment. 2. Psychological/psychiatric diagnoses and treatment. 3. Dental and orthodontic records or school records (including schedules of events). 4. Legal records. Each parent shall have the right to obtain such records from the school, health care providers or entity, keeping such records without the permission of the other and without further Order of this Court. 3. Physical CustodY. Mother shall have primary physical custody subject to Father's rights of partial custody, which shall be arranged as follows: A. On alternating weekends, commencing August 25, 2006, from Friday at 4:00 p.m until Sunday at 6:00 p.m. B. Each Tuesday evening from 4:00 p.m. until 8:00 p.m. In the event that Father is not able to exercise his Tuesday evening custodial time, he will contact Mother at his earliest opportunity to discuss rescheduling on Wednesday or Thursday of that same week, giving due consideration to any pre-existing plans Mother may have at that time. The parties are expected to be flexible with each other with regard to unexpected events which may arise. The parties are also expected to recognize the importance to the child of supporting their child's relationship with both parents and the child's need for predictability and continuity in the custodial schedule. Accordingly, it is expected that Father's Tuesday evening periods of custody will be exercised consistently, and changes to the schedule will be the exception rather than the norm. C. Father shall have custody for three long weekends per year, upon seven (7) days notice to Mother. A long weekend would begin at 4:00 p.m. on Friday and continue until 6:00 p.m. on Monday. 4. Father shall have custody of the child each Christmas, Thanksgiving and Easter from 10:00 a.m. until 3:00 p.m. This paragraph shall supercede all weekend or vacation related custodial periods. 5. Mother's Day and Father's Day. Mother shall have custody on Mother's Day and Father shall have custody on Father's Day. The custodial period for this holiday shall be from 9:00 a.m. until 6:00 p.m. - . NO. 03-4309 CIVIL TERM 6. Vacation. Each parent shall be entitled to three (3) weeks of uninterrupted time with the child with at least fourteen (14) days notice. A week is defined as seven (7) consecutive days. A week must include the regularly-schedule weekend. Weeks may not be consecutive without the consent of the other parent. Father's exercise of vacation time in 2006/2007 shall be first contingent upon Father exercising not less than three (3) of the alternating weekends provided for in Paragraph 3. 7. Transportation. Mother will provide transportation incident to custodial exchanges. 8. The parties may modify this custody schedule for the best interest of their child, but upon their mutual agreement. 9. Alcohol and Druas. During any period of custody or visitation, the parties shall not possess or use any non-prescribed controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 10. It shall be the responsibility of the parent then having custody to make sure that the child is ready for custodial exchange at the appropriate time and place. 11. Neither parent shall remove the child from Pennsylvania without the express written consent of the other parent, except for purposes of pre-arranged vacation time. 12. Both parents have an obligation to act in the best interest of the child. Each parent, therefore, will exert every reasonable effort to foster a feeling of love, affection or respect for the other parent or for that parent's family. Each parent will do the best to his or her ability, to limit the child's exposure to a knowledge of disputes between the parents and the details of their legal and financial dealings with each other. Each parent shall refrain from making disparaging remarks about the other parent or that parent's family, nor allow anyone else to do so in the child's presence. ~ NO. 03-4309 CIVIL TERM 13. First Riaht of Refusal. In the event either party is unavailable to provide care for the child during his or her period of custody for more than four (4) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before co Ir - rty caregivers. Edward E. Guido, Dist: Thomas D. Gould, Esquire, 2 East Main Street, Shiremanslown, PA 17011 1 (4- 7- t> ~ Lucy Johnston-Walsh, Esquire, Family Law Clinic, 45 N. Pitt Street, Ca~isle, P 11f113 Jill Hammill, CLI, Family Law Clinic, 45 N. Pitt Street. Ca~isle, PA 17013 J. ~~ \)(S' UJ'llt'),'.-",;-" , I ",I'." "'~'-"rv" ..~, I'J I 0 :8 W'iJ L - dJS 9002 AtlV10NUrUDid 3H.i:!O 3~Y~~O-(J311:J Plaintiff , RF'-i""C"+v"C"T''' ' "." ........,..........~'...;.,,}. j_~;.....J I 3 f.i P II 6 ZOC 6 ! ~~X:c~""""-- =J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4309 CIVIL TERM . . . . BRUCE W. ROUSE, v. CIVIL ACTION - LAW AMY S. HARTMAN, 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Terri Marie Rouse March 5, 2001 Mother 2. A Custody Conciliation Conference was held on August 24. 2006 in response to Father's filing a Petition for Modification of the Custody Order on or about July 21, 2006. The last Order entered in this matter was entered by Stipulation on September 5, 2003. Present for the conference were: the Father, Bruce W. Rouse, and his counsel, Thomas D. Gould, Esquire; the Mother, Amy S. Hartman, and her counsel, Jill Hammill, CLI, from the Family Law Clinic at the Penn State Dickinson School of Law, and her supervising attorney, Lucy Johnston-Walsh, Esquire. C)-)-() r Date 3. The parties reached an agreement in the ~ rm of an Order as attached. Melissa Peel Greevy, Esquire Custody Conciliator :282106