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HomeMy WebLinkAbout07-4569Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07- y~G 9 Chen! 1,.~.~ KENNETH E. ROSS, :CIVIL ACTION -LAW Defendant IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Maureen Ross (hereinafter referred to as "Mother"), who currently resides at 2425 Clover Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Kenneth E. Ross (hereinafter referred to as "Father"), who currently resides at 2717 High Street, Grantham, Cumberland County, Pennsylvania 17027. 3. Plaintiff seeks sole legal and primary physical custody of the following children: NAME PRESENT RESIDENCE Joshua T. Ross 2425 Clover Drive Mechanicsburg, PA 17055 Caitlin E. Ross 2425 Clover Drive Mechanicsburg, PA 17055 Zachary P. Ross 2425 Clover Drive Mechanicsburg, PA 17055 Meghan C. Ross 2425 Clover Drive Mechanicsburg, PA 17055 DATE OF BIRTH November 10, 1993 March 10, 1995 March 10, 1995 Apri17, 1996 4. The children are presently in the custody of Mother who is currently residing at 2425 Clover Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMESOFPERSONS IN HOUSEHOLD 12/15/2001 to 12/15/2006 2425 Clover Drive Father, Mother and Mechanicsburg, PA 17055 Children 12/15/2006 to Present 2425 Clover Drive Mother and Children Mechanicsburg, PA 17055 6. The Father of the children is Kenneth E. Ross, currently residing at High Street, Grantham, Cumberland County, Pennsylvania 17027. 7. The Mother of the children is Maureen Ross, currently residing at 2425 Clover Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. The parties are currently separated from each other. 8. The relationship of the Plaintiffto that of the children is that of Mother. The Plaintiff currently resides with the following persons: NAME Maureen Ross RELATIONSHIP Self 2 Joshua T. Ross Son Caitlin E. Ross Daughter Zachary P. Ross Son Meghan C. Ross Daughter 9. The relationship of the Defendant to the children is Father. The Defendant currently resides with the following persons: NAME Kenneth E. Ross RELATIONSHIP Self 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested. Presently there is no custody schedule between the parties and they are unable to work together amicably with regards to custody. Father takes the children at unscheduled times without notice to Mother. Father continues to discuss adult matters with all of the children making this situation even more stressful for them. Father refuses to communicate with Mother. The parties, son, Joshua, has become very disrespectful and is having extreme difficulty with school. He has 3 failed summer school. Amore structured housing and educational alternative needs to be discussed by the parties, but Father refuses. Father has emotional and mental health issues which need addressed. 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, the Plaintiff requests the Court to grant sole legal and primary physical custody of the children to the Plaintiff. Defendant should be given a fixed schedule of partial custody after counseling. DATE: July 31, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 4 Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. KENNETH E. ROSS, Defendant NO. CIVIL ACTION -LAW IN CUSTODY VERIFICATION I, MAUREEN ROSS, hereby certify that the facts set forth in the foregoing COMPLAINT IN CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4944 relating to unsworn falsification to authorities. Dated: ~ ' ~ b , 2007 EN ROSS '(~, y~ * , T Q ~ Y C~ ~ 4 _ 00 ~ ..3 '7s~ L n o C_ ° ~. - ~ c~,~ t ~ ~ ~ " ~-,z ~ ~ : +C y ,~ C 1"+ ~~ ~' ..' ~ ~l _ °'_ ~ rn :.= ~ w L rya ~ MAUREEN ROSS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, KENNETH E. ROSS DF,FF,N:DANT • 07-4569 CIVIL ACTION LAW iN CUSTODY ORDER OF COURT AND NOW, Monday, August 13, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland Cou~Courthouse, Carlisle on ~ Friday, September 14, 2007 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished., to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ohn .Man an r. 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 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 /~~~f~~ ~q~~~~rva~~ ~~ L~~~~ ~~F~~iiorr~ c ~~,: €; ~ ~? ~'c1 ~ ! ~~s ' tu~Z ~~~ ~_`.. ~r-r1.3~1~ ~ ~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. KENNETH E. ROSS, Defendant N0.07 - 4569 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Custody Complaint and Order of Court dated August 13,2007, scheduling the Custody Conciliation for September 14, 2007 at 1:00 p.m. in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7004 2890 0002 8468 8646, Return Receipt Requested, on the above-named Defendant, Kenneth E. Ross, on August 30, 2007 at Defendant's last known address: 2717 high Street, Grantham, PA 17027. The original receipt and return receipt cazd aze attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein aze subject to penalties of 18 Pa. C.S.A. 34904 relating to unsworn falsification to authorities. Dated: August 31, 2007 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 y, .. ~ 1 l b fU Poetaps Q Certlfled Fee CJ O ~~ ~ ~d~taement Requhed) fiJ ~ 7b1n1 Postage 3 Fees 90 - ----~ ~ ` _.,_ . _ __ _,, _: z, _, _ _.. .~..~+d ~. Nta aanpM~ ' 4 tt RMdbl~rd OrNwry M dMl~d. !~ n~rrtisat+d ad~ws a~ the ~~ vw oen return tl~ ord to you. this oord to the Ewoic of the rneNple~ ; tP the tl~ortit N t~'Jlas p!~nnKs. t. a: ~, s. ~rrrb ~ i fo^r~etir~ D~- __ _ ~_~~~ ~j~fA~!s EXHIBIT "A" C'~ _ _ ~ n=` ~;~ ~z ~ ~r ~7? it {~ r^-, ~ ~~ t _x• ~~ ~ J ~Y '{ SEP 17 2001 MAUREEN ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-4569 Civil Term KENNETH-ROSS . Defendant :ACTION IN CUSTODY . ~ COURT ORDER AND NOW this. da of Se ember 2007 u on consideration of the ~. ~ y Pt P attached Custody Conciliation Report, it is ordered and directed that: 1. The.-Mother, Maureen Ross, and the Father, Kenneth Ross, shall share legal custody of the Children,. Joshua T. Ross, bornl 1/10/93, Caitlin E. Ross, born 3/10/95, Zachary F. Ross, born 3/10/95 and Meghan C. Ross, born 4/7/96. The parties shall have an equal right to make all major non-emergency decisions affecting the Chldreti'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 resde~ice 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. 2. The.. Mother shall. have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children as follows: a. Commencing. January 19, 2007, on alternating weekends beginning on Friday 6:00 pm until .Sunday 6:00 pm. During Father's weekend, Mother shall pick the Children up from Father's residence on Sunday and take .Children to church services at 11:00 am and return Children to Father's residence promptly after mass. If there is a conflict in mass time due to extracurricular activities of the Children, the parties shall discuss changing the mass attendance time; b. On every Tuesday from 6:00 pm unti19:00 pm or an alternate evening as required by Father's work schedule with appropriate one days' notice and agreement by Mother; c. ' FathershaTl also-have custody of the Children on the Thursday preceding 1Vlother's weekend from 6:00 pm unti19:00 pm; d. During summer vacation and school breaks, Father's custodial period shall terminate at 10:00 pm; and e. 'Such other times as the parties shall mutually agree upon based upon direct communication between Mother and Father. 4. The non-custodial parent shall pick the Children up from the other parent's residence. The parents axe directed to not incite any conflict during the exchange. 5. The parents are directed to communicate directly with one another and not through the Children in regazd to any custodial matters. 6. During any;periods ofcustody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. All major Holidays with the Children shall be alternated between the parents including New Year's Day Memorial Day, 4~ of July, and Labor Day. Father shall have New: Yeaz's Day and 4`~ of July in even yeazs and Mother shall have Memorial-Day and Labor Day in even years. In odd years, this schedule shall reverse and Mother shall have New Yeaz's Day and 4~' of July and Father shall have Memorial Day and Labor Day. For purposes of this paragraph, the custodial .day shall commence at 9:00 am unti19:00 pm. Easter Sunday shall be with Mother from 9:00 am until 6:00 pm. Father shall have custody of the Children each yeaz from Wednesday prior to Thanksgiving at 6:00 pm unti12:00 pm on Thanksgiving Day. Mother shall have custody of the Children each year from 2:00 pm on Thanksgiving Day until Friday 6:00 pm. For Christmas, in even years, Mother shall have custody of the Children from noon on Christmas Eve until noon on Christmas Day and Father shall have custody of the Children from noon Christmas Day until noon 12/26. In odd years, this Christmas schedule shall reverse. 8. Vacation: The parties shall each have the opportunity to have two non- consecutive weeks of vacation each year with the Children. Each week shall be from .Saturday 9:00 am until the following Friday 9:00 pm. The parties aze required to inform the other pazent of their vacation plans at least 30 days advance in writing. 9. Telephone Contact: Telephone contact between the Children and the non- custodial parent shall. be reasonable and liberal as agreed upon between the parties.: In the absence of agreement, the non-custodial parent shall contact the Children at 8`:30 pm: 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. The parties shall refrain from making derogatory comments about the other party in the presence of the Children, and to the extent possible, shall prevent third ~~~~ ~ d ~ 1~1 ~~, g 1 d~ ~l~b'10N~i-ilt~id 3h#,t ~d 33~-?~-C~31ki parties from making such comments in the presence of the Children. 12. The,Mother and Father shall facilitate becoming involved in therapeutic family counseling and continue with the Children's individual counseling. Both parents are strongly encouraged to engage in co-parenting counseling to address certain issues that are impeding their ability to mutually raise their Children. The cost of this counseling, after any appropriate payment through insurance for the parties, shall be splitequally between the parties. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may. modify the provisions of this Order by mutual consent. In the absence of mutual .consent, the terms of this Order shall control. Cc: ~mes A. Snell, Esquire, 322 South Eighth Street, Lebanon, PA 17042 ara Surnple-Sullivan, Esquire ,,~F J. 'Mangan,. Esq w V MAUREEN ROSS, Plaintiff v. KENNETH ROSS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4569 Civil Term ACTION IN CUSTODY ~''ONCILIATION CONFERENCE SUMl1~A,RY REPORT IN ACCORDANCE :WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURB 1915.3-8(B), the°undersigned Custody Conciliator submits the following report: 1. The pertinent infornnation pertaining to the children who are the subject of this litigatian'is.as follows: Name - Date of Birth Currently in the Custody of Joshua T. Ross 11/10/93 Mother Caitlin E. Ross 3/!0/95 Mother Zachary P. Ross 3/1D/95 Mother Meghan C. Ross 4/7!96 Mother 2. A Conciliation Conference was held on September 14, 2007 with the following individuals in attendance: The Father, Kenneth Ross, via telephone, with his counsel James A. Snell, Esquire Mather, Maureen Rass, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The. parties. agreed to the entry of an Order in the form as attached. Date: September 17,`2007.. ~- Jo angan, E e C tody Conciliator Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07 - 4569 KENNETH E. ROSS, :CIVIL ACTION -LAW Defendant IN CUSTODY PETITION FOR CONTEMPT 1. Petitioner is Plaintiff, Maureen Ross, an adult individual residing at 2425 Clover Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Defendant, Kenneth E. Ross, an adult individual residing at 2717 High Street, Grantham, Cumberland County, Pennsylvania 17027. 3. The parties were married July 9, 1988, separated on or about October 31, 2005 and their divorce is pending before the Master. 4. Petitioner and Respondent are the natural parents of four (4) minor children being: Joshua T. Ross, date of birth November 10, 1993, Caitlin E. Ross, March 10, 1995, Zachary P. Ross, born March 10, 1995, and Meghan C. Ross, born April 7, 1996. 5. Following a Custody Conciliation which Defendant did not attend but at which he was represented by his counsel, an Order of Court was entered on September 18, 2007, which provided for shared legal custody between the parties, primary physical custody with Petitioner and periods of physical custody with Respondent. A true and correct copy of the Order is attached hereto as Exhibit A. 6. Paragraph 11 of the September 18, 2007 Custody Order sets forth, inter alias 11. The parties shall refrain from making derogatory comments about the other party in the presence of the Children, and to the extent possible, shall prevent third parties from making such comments in the presence of the Children. 7. Respondent has willfully failed to comply with Paragraph 11 of the September 18, 2007 Custody Order by repeatedly berating Petitioner in the presence of and to the children, discussing the custody and divorce litigation with the children and portraying Petitioner in an unfavorable light. Respondent tells the children that Petitioner will not allow them to see him or even talk to him if it is not his scheduled weekend, although Petitioner has allowed liberal personal and phone contact pursuant to the Order. 8. Paragraph 12 of the September 18, 2007 Custody Order sets forth, inter alias 12. The Mother and Father shall facilitate becoming involved in therapeutic family counseling and continue with the Children's individual counseling. Both parents are strongly encouraged to engage in co-parenting counseling to address certain issues that are impeding their 2 ability to mutually raise their Children. The cost of this counseling, after any appropriate payment through insurance for the parties, shall be split equally between the parties. 9. Respondent has willfully failed to comply with Paragraph 12 of the September 18, 2007 Custody Order by not attending the therapeutic family counseling required by the Order. 10. Respondent has not made any effort to be involved in the therapeutic family counseling or the counseling of the children. 11. Respondent has refused co-parenting counseling. 12. The custodial situation has deteriorated, especially regarding Josh. 13. It is critical that Respondent attend counseling, especially regarding the parties' son, Josh. Josh has become very disrespectful, is having extreme difficulty with school, and has missed a substantial amount of school and school work recently. (Previously, Josh failed the 7t" grade and is in jeopardy of failing the 7t'' grade a second time.) He is also suffering from significant physical and mental health problems presently. 14. Despite same, Respondent refuses to be involved with addressing these issues other than to berate and threaten Petitioner. 15. It is essential that the parties attend the therapeutic family counseling to address the parenting problems between them and the significant issues with Josh. 16. Petitioner also requests that Respondent be required to contact the counselor, Carol Flury, to schedule an appointment for the required therapeutic family counseling immediately. 17. Alternatively, Petitioner requests Respondent be required to participate with Josh's psychiatrist, Shauna Brent. 18. Finally, Petitioner requests that Respondent reimburse her for the costs associated with the preparation and hearing of this Petition for Contempt. 19. Petitioner requests that Respondent be held in contempt of court, fined and/or otherwise incarcerated. 20. The Honorable Judge Oler has been assigned to the custody docket regarding the parties. The Honorable Judge Bayley and the Honorable Judge Ebert have been assigned to the divorce docket regarding the parties. 4 21. Counsel for Respondent does not concur with this Petition. WHEREFORE, Petitioner requests that Respondent be held in contempt of court and is otherwise fined and/or incarcerated. Respectfully submitted, DATE: May 12, 2008 ~ -~-~/" ~' Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 5 Exhibit "A" sEP g7zooa,/ MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. KENNETH ROSS No. 07-4569 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, :this I ~ day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Mother, Maureen Ross, and the Father, Kenneth Ross, shall share legal custody of the Children, Joshua T. Ross, bowl l/10/93, Caitlin E. Ross, born 3/1.0/95, Zachary P. Ross, born 3/10/95 and Meghan C. Ross, born 4/7/96. The parties shall have an equal right 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. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have. partial physical custody of the Children as follows: a: Commencing January 19, 2007, on alternating weekends beginning on Friday 6:00 pm until Sunday 6:00 pm. During Father's weekend, Mother shall pick the Children up from Father's residence on Sunday and take Children to church services at 11:00 am and return Children to Father's residence promptly after mass. If there is a conflict in mass time due to extracurricular activities of the Children, the parties shall discuss changing the mass attendance time; b. On every Tuesday from 6:00 pm unti19:00 pm or an alternate evening as required by Father's work .schedule with appropriate one days' notice and agreement by Mother; c. Father shall: also-have custody of the Children on the Thursday preceding Mother's weekend from 6:00 pm until 9:00 pm; d. During summer vacation and school breaks, Father's custodial period shall terminate at 1,0:00 pm; and e. Such other times as the parties shall mutually agree upon based upon direct;communication between Mother and Father. 4. The .non-custodial parent. shall pick the Children up from the other parent's residence. The parents are directed to not incite any conflict during the exchange. 5. The parents are directed to communicate directly with one another and not through he Children in regazd to any custodial matters. 6. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that .other household members and/or house guests comply with this provision. 7. All major Holidays with the Children shall be alternated between the parents including New Year's Day Memorial Day, 4~' of July, and Labor Day. Father shall have New Year's Day and 4~' of July in even years and Mother shall have Memorial-Day and_Labor Day in even years. In odd years, this schedule shall reverse and Mother shall have New Year's Day and 4a' of July and Father shall have. Memorial Day and Labor Day. For purposes of this paragraph, the custodial day shall commence at 9:00 am unti19:00 pm. Easter Sunday shall be with Mother from 9:00 am until 6:00 pm. Father shall have custody of the Children each year from Wednesday prior to Thanksgiving at 6:00 pm until 2:00 pm on Thanksgiving Day. Mother shall have custody of the Children each year from 2:00 pm on Thanksgiving Day until Friday 6:00 pm. For Christmas, in even years, Mother: shall have custody of the Children from noon on Christmas Eve until noon on Christmas Day and Father shall have custody of the Children from noon Christmas Day until noon 12/26. In odd years, this Christmas schedule shall reverse. 8. Vacation: The parties shall each have the opportunity to have two non- consecutive weeks of vacation each year with the Children. Each week shall be from Saturday 9:00 am until the following Friday 9:00 pm. The parties are required to inform the other parent of their vacation plans at least 30 days advance in writing. 9. Telephone Contact: Telephone contact between the Children and the non- custodial parent shall. be reasonable and liberal as agreed upon between the par.-ties. In the absence of agreement, the non-custodial parent shall contact the Children at 8:30 pm: 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. The: parties shall refrain from making derogatory comments about the other party in the presence of the Children, and to the extent possible, shall prevent third parties from making such comments in the presence of the Children. 12. The Mother and Father shall. facilitate becoming involved in therapeutic family counseling and continue with the Children's individual counseling. Both parents are strongly encouraged to engage in co-parenting counseling to address certain issues that. are impeding. their ability to mutually raise their Children. The cost of this counseling, after any appropriate payment through insurance for the parties, shall be split equally between the parties. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual .consent, the terms of this Order shall control. BY T C , S J. Cc: James A. Snell, Esquire, 322 South Eighth Street, Lebanon, PA 17042 Barbara Sumple-Sullivan, Esquire John J. Mangan, Esquire J =, .; MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-4569 Civil Term KENNETH ROSS Defendant : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915..3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Joshua T. Ross 11/10/93 Mother Caitlin E. Rass 3/10/95 Mother Zachary P. Ross 3/10/95 Mother Meghan C. Ross 4/7!96 Mother 2. A Conciliation Conference was held on September 14, 2007 with the following individuals in attendance: The Father,.Kenneth Ross, via telephone, with his counsel James A. Snell, Esquire Mother, Maureen Ross, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: September 17, 2'007 ~= Jo angan, Esc e C stody Conciliator Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. KENNETH E. ROSS, Defendant NO. 07 - 4569 CIVIL ACTION -LAW IN CUSTODY VERIFICATION I, MAUREEN ROSS, hereby certify that the facts set forth in the foregoing PETITION are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~~ Dated:.5-.3 , 2008 MA REEN ROSS Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v NO. 07 - 4569 KENNETH E. ROSS, CNIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: James A. Snell, Esquire 322 South Eighth Street Lebanon, PA 17042 DATE: May 12, 2008 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 6 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 MAUREEN ROSS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH E. ROSS DEFF..,NDANT • 2007-4569 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Thursday, May 22, 2008 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, June 25, 2008 at 9:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn .Man an r. 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. 1F 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 ~~, f~~~r,. , ;y~e~ ~;,, f;~ ~G ~L'n,.3~ `JUN 3 0 200~~ MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-4569 Civil Term KENNETH ROSS Defendant Prior Judge: J. Wesley Oler, Jr., J. ACTION IN CUSTODY COURT ORDER AND NOW, this ~S 1 day of July 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Contempt Hearing is hereby scheduled on the ~ day of c~~~, 2008 at 1~~pm in Courtroom number ~_ in the Cumberland County Court of Common Pleas, Cazlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. The prior Order of Court dated September 18, 2007 shall remain in full force and effect absent mutual agreement or further Order of Court with the following modification to paragraph 12: 12. The parties shall ensure that Joshua Ross continue to engage in his mental health treatment and take his medications as recommended. The parties shall ensure that therapeutic family counseling with Psychiatric Associates of Central PA, or some other mutually agreed upon professional, continue. Father shall within five days upon receipt of this Order contact and set up an initial family counseling session with Cazol Flory, or some other mutually agreed upon professional. Should the family counselor have an opportunity to meet with Father that works with Father's schedule, Father shall have his initial session within two weeks of this Order. The pazents have agreed, and are directed, to engage in co-pazenting counseling to address significant issues that aze impeding their ability to mutually raise their Children. Father shall submit to Mother the names of three co- parenting counselors to choose from. The cost of the counseling, after any appropriate payment through insurance for the parties, shall be split equally between the parties. v' G~1~'+i~vr'~ i~tJ~~t~~'~a€~ "! ~ ~ ~BQ ~"' ~t;d i~~~G Cc: 3. This Order is entered pursuant to a Custody Conciliation Conference regarding a contempt Petition. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order sha11 control. A. Snell, Esquire, 322 South Eighth Street, Lebanon, PA 17042 baza Sumple-Sullivan, Esquire ~hn J. Mangan, Esquire V BY THE COURT_ . ~ MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. KENNETH ROSS No. 07-4569 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currentl~in the Custod~f Joshua T. Ross 11/10/93 Primary Mother Caitlin E. Ross 3/10/95 Primary Mother Zachary P. Ross 3/10/95 Primary Mother Meghan C. Ross 4/7/96 Primary Mother 2. A Conciliation Conference was held on September 14, 2007, an Order of Court was issued September 18, 2007 and a conference was held regazding Mother's Petition for Contempt on June 25, 2008 with the following individuals in attendance: The Father, Kenneth Ross, with his counsel James A. Snell, Esquire The Mother, Maureen Ross, with her counsel, Bazbaza Sumple-Sullivan, Esquire. 3. The Mother's position is that their son Joshua T. Ross has been having some significant behavioral, school and mental health issues. Mother alleges that Father does not acknowledge the extent of Joshua's issues. Joshua does currently have a treating psychiatrist and is engaged with family counseling with Mother but not Father. Mother alleges that Father refuses to attend the family counseling and that Father has his own unaddressed mental health issues. Mother has concerns regarding Father having weapons in his residence and the concern that Joshua has been recently been in-patient with a mental health treatment facility. Mother further alleges that Father has engaged in dispazaging comments/conversations with the Children about Mother. Mother alleges that this a critical juncture for Joshua and that family counseling and co-parenting counseling is essential for the Children's well- being. 4. The Father's position is that he does acknowledge Joshua's behavioral, school and mental health issues. Father alleges that many of the issues that Joshua has stem from Joshua's relationship with Mother. Father denies that he has unaddressed mental health issues. Father alleges that after the last conciliation conference, he did inquire as to participating in the family counseling but that Mother refused to have him participate. Father denies that he engages in disparaging comments about Mother to Children. Father alleges that he does not have the same difficulties with the Children, especially Joshua, that Mother reports. Father alleges that his difficulty with the situation stems from his relationship, or lack thereof, with Mother. Father has agreed to attend and participate in family counseling with Carol Flory and co-parenting counseling with Mother. 5. The Conciliator recommends an Order in the form as attached sch¢duling a Hearing before the Court. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require half a day. 6. The proposed recommended Order may contain a requirement that tihe parties file apre-trial memorandum with the Judge to whom the matter has been assigned. ~~~~v~ Date: f ~ ~------ Jo .Mangan, Esq ' e dy Conciliat C MAUREEN ROSS, Plaintiff v. KENNETH ROSS, Defendant IN THE COURT OF CjOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA1JV N0.07-4569 CIVIL T~RM PLAINTIFF' S PETITION FOR CCf NTEMPT ORDER OF COURT AND NOW, this 8~' day of October, 2008, upon consideration of the attached letter from Barbara Sumple-Sullivan, Esq., attorney for plaintiff, the hearing previously scheduled for October 7, 2008, is continued to ThursdaX, January 8, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, /Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17010-1931 Attorney for Plaintiff ~ James A. Snell, Esq. 322 South 8~' Street Lebanon, PA 17042 Attorney for Defendant :rc Co ~ t E S .---t ~ t'~~ /0~4~0g -~-' ' I 4 ~ I i ~~~ 6-- { ~0 ~~{~Z l1UY t\.~l ~ ~ ~::1~~t ~i 1.L ,`~1J ~t<~~_....:._ ~ Oct• 8. 2008 8:35AM ,. LAW OY~'Y+'YC~S BARBARA SUMPLE ~ SULLI VA1~T 54.9 $121D(3E g'1`32$i8iCL' I, N$W (•'LIMSERLAND, P~NNSYLYANI~ 17070-18$1 PI~ON'~ 1717) 774-1446 FAX (717) 774.7058 October 8, 2008 The Honorable J. Wesley Oler, Jr. Cumberland Caunty Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Maureen Ross v. Kenneth E. Ross Dear Judge Oler: No 4325 P• This will confirm my message to your office that mutual agreement of counsel, the contempt hearing in the above captioned matter shvul be continued, This action arises out of Mr. Ross's failure to schedule and attend f ' y therapeutic counseling pursuant to the Court's Orders of September 18, 2007 an July 1, 2008. On October 7, 2008, Mr. Ross has scheduled with the counselor for Oct ber 23, 2008 and has committed to participation. The Petitioner would Iike to offer Mr. R ss this opportunity to comply with the Court's Orders for the long term benefits to the ily, Please continue the hearing. Given the scheduling delay on your Honor's schedule, I respectfully request the matter be rescheduled to a date in late December or early January so that Mr, Ross's compliance can be enfo if he does not attend as promised. Thank you for your assistance in this matter. Tf yo~ should have any questions, please do not hesitate to contact my office. i BSS/1h cc: James A,. Snell, Esquire (via fax and regu Ms. Maureen Ross MAUREEN ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KENNETH E. ROSS, Defendant 07-4569 CIVIL TERM IN RE: CONTEMPT ORDER OF COURT AND NOW, this 8th day of January, 2009, upon consideration of Plaintiff's Petition for Contempt, and following a hearing held on this date, the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the order herein, and he is consequently adjudicated in contempt. The sentence of the Court is that the Defendant undergo a period of imprisonment in the Cumberland County Prison of 4 months. The condition of purge with respect to the sentence is that the Defendant pay to Plaintiff her counsel fees in the sum of $500 within 30 days of today's date, that he schedule an appointment with Carol A. Flory, M.S.W., for therapeutic counseling sessions within 3 days of today's date, and thereafter engage in such sessions until discharged by Ms. Flory, and that he hereafter in all other respects comply with the terms of the custody order herein. r ~'' `;~ .~ ~i' `~.~ ;~ .cE er R By the Court, J.~~ Wesley Ol~r, Jr. , J. ~ Barbara Sum le-Sullivan Es uire P ~ 4 549 Bridge Street New Cumberland, PA 17070-1931 For Plaintiff -~ James A. Snell, Esquire 322 South Eighth Street Lebanon, PA 17042 For Defendant CCP :mae w L/..O_ ifS m~c~, /~~~~ ~~ l Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MAUREEN ROSS, IN THE COURT OF CQMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. KENNETH E. ROSS, Defendant N0.07 - 4569 CIVIL ACTION -LAW IN CUSTODY MOTION FOR EN_ FORCEMENT OF ORDER OF CONTEMPT DATED JANUARY $, 2009. 1. Following a full hearing, the Honorable Judge Oler found Defendant, Kenneth E. Ross, in contempt for failure to comply with prior Orders of Court. A true and correct copy of the Order dated January 8, 2009 is attached hereto as Exhibit A. 2. The Order provided Respondent with three conditions by which he could purge the contempt fmding and avoid the sentence of four months in .prison. These conditions were as follows: 1. Respondent pay to Petitioner her counsel fees in the sum of $500.00 within thirty days of the date of the Order; 2. Respondent schedule an appointment with Carol Flory, M.S.W., for therapeutic counseling sessions within three days of the date of the order and thereafter engage in such sessions until discharged by Ms. Flory; and 3. Respondent continue to comply with all other aspects of the current Custody Order. 3. Respondent satisfied the first condition of the Order by paying to Petitioner $500.00 on January 24, 2009. 4. Respondent has not satisfied the second and third conditions of the current Custody Order. 5. Initially, Respondent did schedule an appointment with Ms. Flory for January 20, 2009. It is unknown if that appointment was actually scheduled on or before January 1 1, 2009, the three (3) days from the date of the order. However, Respondent never attended the session or even called to cancel. He left a message after hours with Ms. Flory's office that his car had broken down and he could not come to the appointment. 6. That appointment was then rescheduled for January 27, 2009. Again, Respondent failed to attend the session. The reason for same is unknown. 7. Ms. Flory has confirmed that there have been no other sessions scheduled by 2 Respondent to date. Further, as a result of Respondent's continual refusal to attend the counseling sessions, Ms. Flory is no longer willing to accept Respondent as a client. A true and correct copy of a fax from Ms. Flory dated February 12, 2009 and a letter dated January 29, 2009 are attached hereto as Exhibit B. 8. It had been and still remains essential that the parties attend the therapeutic family counseling and co-parenting counseling to address the mental health problems in this matter. 9. A hearing between the parties on Wednesday, February 18; 2009 at 10:00 a.m. before the Honorable Judge Oler regarding Defendant's failure to make payment of medical support arrears. It is requested that this Motion be heard at this hearing also. 10. The Honorable Judge Oler has been assigned to the custody support docket regarding the parties. The Honorable Judge Bayley and the Honorable Judge Ebert have been assigned to the divorce docket regarding the parties. 11. Counsel for Respondent does not concur with this Motion. WHEREFORE, Petitioner requests that the Respondent be brought before the court regarding his failure to purge his contempt in accordance with the Honorable Judge Oler's Order of Court dated January 8, 2009 and the Court impose such sanctions and/or remedies as it shall determine is appropriate. oA E a/i~lo Respectfully submitted, Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 4 Exhibit A MAUREEN ROSS, Plaintiff v KENNETH E. ROSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07-4569 CIVIL TERM IN RE: CONTEMPT ORDER OF COURT AND NOW, this 8th day of January, 2009, upon consideration of Plaintiff's Petition for Contempt, and following a hearing held on this date, the Court finds that the'Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the order herein, and he is consequently adjudicated in contempt. The sentence of the Court is that the Defendant undergo a period of imprisonment in. the Cumberland County Prison of 4 months. The condition of purge with respect to the sentence is that the Defendant pay to Plaintiff her counsel fees in the sum of $500 within 30 days of today's date, that he schedule an appointment with Carol A. Flory, M.S.W., for therapeutic counseling sessions within 3 days of today's date, and thereafter engage in such sessions until discharged by Ms. Flory, and that he hereafter in all other respects comply with the terms of the custody order herein. By the Court, Ba ara Sumple-Sullivan, Esquire 49 Bridge Street New Cumberland, PA 17070-1931 For Plaintiff James A. Snell,. Esquire 322 South Eighth Street Lebanon, PA 17042 For Defendant CCP :mae Jr., J. ~, ~ ~ ~ > ~ ~~~~ ~ lM~'~': ui~ic- set 'rr+yi r "`~. , ~~ Exhibit B 02/12/a?009 18:07 FAX 7177304566 iaACP ._ ~. :~- .~«l Paul A. Conti, M.D Carol A.~lory, M.S.W. Susan L. Gitius, M.S., C.A.A.P. Sh,wvna i3rern, F>li.u. Dair~a T~iompson, M.S.W. Carol Mills, Psy.D. zip E ~rn~i7 ~.r;?::;;, c,~.;;T~ tU' ~;. .. ~'hR':,.. 7'1 i~ i :iri. r ~,',r, ~~ fi ~- ...n fi 0001/002 `~ •~~, _..._ ... __~..=r1.~r ~c~:~. ~ ... _.._..r. ...._._ ___.._...~.. ..... hpAME: ~ Date: ~,-.:~~ - ~1 G~ .:.. Ph~~rle : Pages: ~ .• ! ~ ~..~ . ~~ ~ '~~~?^E t'L- ~ f .. . _ d ' argent ~.i For R®vicw ~ Pcr Your Request ~ Please Ropty ~ Action- tdeeded Mc•~saye: _. i ,..i en ~ is , 1 ~ j ~ l :.r~, ,M,. i:.; / `, .._ . _~.~~ :i~...~_;:~; ... ..-1~-;'c:~.~~C,; ..v ,fit . er .. !'j ~ ,, p p ` '' f . . NC~TICE OF CQ~lFlDE~[TlALlTY: "i~7~~ cloc:ament~ r:c;:.omi3.;)r7yir~g this F/VC transmission contain information Irprrr i~syct~liatric Assnciak~s c,. Ca;nlr~al Pc;r~r;:=..•r~~r!ni~, which is con~idcniiol and/or Ir~c~~~liy privile~E'd. -'f~hrr infam7~~tion i:; inlcar~d~d only ir.?r h:~ 4sc~ ~~(fl'r'~' u~~tividual car entity riartt~C! prl tt'~i5 transmis,ran sheet. I(yc~~., ;,re: iu7t the parry to w~h'am ;his Ml'~X i;: ~dr.;-~:•~c~;c:(;, ycnu arc. h~:rct_~y noUfird th~~l.rlny diSC:li,srrrr~, r..~ryinca, di,:,tribution, 4r tht° l3kinn rrf any wC:ir]n in r~•r~trcc on l,h.^, cUntc-rTl~; of this irtifcyrrr~ation is strictly prohibitccJ or~d th:~~ the clocurrlents ^hC.dc! tJ4 rrltrr~~~r~c, ;c: 1'syc!'~iatric A.saci~tcs o. Gcntr,al F~C••nn,ylvlnia. 02/'2/200? '?:0' PP~1( 7''730465 PACP^ I~002/002 /~~~~~., F~~~: ~:..:r~r:~~r~~lrc:::~titi~cr;~-rr:~ c~r~ Crl~~l~r~n~_, rrl~ :~vti~~ r.,~~,atir;~ ~f Q~~Zs ~`, [•`rc~aidin;; f rvehiatric. P~relanlntri~•:yl and 1~nmih•'t'hcrap~ tit•n•ier> titt~xn 1.. C;ilitt~. 1•f.~., ~'A:l''~ .I~Lnu~uy 2~°. ?009 r~, I ,,_, t It" „., 1! cli• t?a.r:l 5's,~:. ~ t j? t C;-~ L1J lI V ula '~ ~~~ C'ui1;l~erl ~u1d, .Perlis ~y l vary i a 17.1) 7U Shawtta ti. 15t'tatt. ;ti'1.I). ltainu Thnmla.~t~^, ~1.5.~V. l_:,u-ul C'.:~•'Iills, 1'sy.l), rTr. Ke>:]ttt;:x~, .Floss dici schedule an appointment fur Janual,.~ •?U, ?009 but did .':c:~t canCc i t~)• sl~,o~v for lus appointment. 1'~Ie did leave a nlcssa~c lftcr hours sratm`~ t1~1~ leis car had l7rok.irn do~.rm and }~e could not het to t11c ap.poi.~ltment. l~ Icy ct~nl~~.ct~,il. the office and rescheduled for January 27, 2G()9 but lac did not ~I~c)4~~ foe tl:z4 a}?poi.ntm~;nt. ;',.; l h;~vr: ;,~ti°~r n.~et with or had a Phone conversatiol~ wrtlt ivTr. Ross, I do r:l:~t cc7nsicitrr liin>. a eli`nt of mine arl.cl am tlc:) lon.~c:r willih4 to accept I~.im pis ~. c;l i cnt. ~~inceri:l.v vc:,l.lrs, ('~irol A.. le~ty, .NIS V~' c c: James .A. Snr~11 ?1) r~t-fcil-ti IZtI„ tiuitt• illl. l.t~mOt~t~~, I';\ 17l)~i !717) 7311-5~~;+. (7171 73Q-~I~6/r 1'1'':1X) •_ , Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MAUREEN ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07 - 4569 KENNETH E. ROSS, :CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Motion, in the above-captioned matter upon the following individual(s), by email on February 13, 2009 to JSnell e,PaLRB.US and United States first-class mail, postage prepaid upon filing, addressed as follows: James A. Snell, Esquire 322 South Eighth Street Lebanon, PA 17042 DATE: February 17, 2009 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner C'~ r~--~' C'~ ~:-~ _.n ..~s .._; - t_ _ --' , .. ~, T-_ ..~_ v . - :~ ; r.3 MAUREEN ROSS, Plaintiff v KENNETH E. ROSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-4569 CIVIL TERM IN CUSTODY IN RE: MOTION FOR ENFORCEMENT OF ORDER OF CONTEMPT ORDER OF COURT AND NOW, this 18th day of February, 2009, upon consideration of Plaintiff's Motion for Enforcement of Order of Contempt dated January 8, 2009, a rule is hereby issued upon the Defendant to show cause why the relief requested in the motion should not be granted. Rule returnable at a hearing scheduled for Tuesday, March 24, 2009, at 10:30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ~ Barbara - Sumple Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Fob Plaintif f James A. Snell, Esquire 322 South Eighth Street Lebanon, PA 17042 For Defendant :mae ~o ~ ~~s ~.~ ~ L~ ~' ~~$f~~ ~~ ~. J esley r., J. i to ~ ¢~ ~ ~~ ~F~c~ ~ ~ ~~.~ ~Q~L~ I~~~.i~1~.,~i-l~.~1':;'~ ~N.~. ~~ ~f~r';C~-Q~~l~ MAUREEN ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW KENNETH E. ROSS, Defendant N0.07-4569 CIVIL TERM IN RE: PLAINTIFF' S MOTION FOR ENFORCEMENT OF CONTEMPT ORDER OF COURT AND NOW, this 24`'' day of March, 2009, upon agreement of counsel, the hearing previously scheduled in the above matter for March 24, 2009, is rescheduled for Monday, July 27, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ~'arbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff ~mes A. Snell, Esq. 322 South Eighth Street Lebanon, PA 17042 Attorney for Defendant :rc BY THE COURT, i rr .11..G 1 ~ ._ -i~~~ ~Ol ~~ ~~ ~~ bZ JAMES A. SNELL Attorney-at-Law 322 South Eighth Street Lebanon, PA 17042 Telephone: (717) 273-4555 Attorney I.D. #18038 MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. KENNETH E. ROSS, Defendant NO. OS - 5697 NO. 07-4569 ~ N0.01090 S 2006 PACSES CASE N0.480108841 PETITION OF DEFENDANT'S COUNSEL FOR LEAVE TO WITHDRAW The Petition of James A. Snell, Esquire, respectfully represents as follows: 1. The Petitioner has represented the defendant in the above-captioned actions commencing on or about Mazch 30, 2006. 2. The Defendant has not cooperated with the Petitioner in the Petitioner's representation of the Defendant for several months. 3. The Defendant failed to attend a hearing scheduled before Divorce Master E. Robert Elicker for Tuesday, April 14, 2009, and, to date, has not contacted the Petitioner to explain his whereabouts. 4. The Petitioner advised the Defendant by letter dated February 13, February 25, February 26, Mazch 16, and April 1, 2009, of the date, time, and place of the aforesaid Master's hearing and requested the Defendant to contact Petitioner regazding Defendant's intentions regarding said Master's hearing. 5. Attached hereto, made a part hereof, and marked as Exhibit 1 is a copy of a portion of the record of the proceedings before the Divorce Master on Tuesday, April 14, 2009. 6. The Defendant failed to appear for the Master's hearing held on February 12, 2009, before the aforesaid Master, but was permitted to participate by telephone until the telephone transmission was inexplicably disconnected. 7. At the conclusion of the Master's hearing on February 12, 2009, the Master directed that the Defendant: (1) file a claim for unemployment compensation; (2) file for a modification for spousal and child support, and (3) provide the Master with a medical report of his medical condition, prognosis, and treatment. 8. The Petitioner advised the defendant of the aforesaid requirements by letter dated February 13, 2009. 9. It is believed and therefore averred, based on a telephone conversation with the Domestic Relations Office on or about the second week of April that the Defendant has failed to file for a modification of his spousal or child support. 10. The Defendant has not provided the Petitioner with a medical report, nor has he advised the Petitioner that he has filed a claim for unemployment compensation. 11. The Defendant has repeatedly asserted that he would pay the Petitioner for the legal services that the Petitioner has performed for him. 12. Specifically, during conversations on January 16, 2009 and February 13, 2009, the Defendant had promised to pay his account. 13. The Defendant has failed to make any payments on his account since his commitment to do so on the aforesaid date. 14. The balance on the Defendant's account for legal services is $18,245.00. 15. The Master has scheduled the next Master's hearing in Action No. OS-5697 for April 27, 2009, at 1:30 p.m. 16. The Divorce Master does not object to Petitioner's withdrawal of his appearance on behalf of the Defendant. WHEREFORE, the Petitioner prays your Honorable Court to grant Petitioner leave to withdraw his appearance for the Defendant in the above-captioned actions or, in the alternative, issue a Rule upon the Defendant to show cause why the Petitioner should not be allowed to withdraw his appearance. ~~- ~L .~ JAMES A. SNELL, ESQUIRE Attorney for Defendant 322 South Eighth Street Lebanon, PA 17042 Telephone: (717) 273-4555 Attorney I.D. #18038 EXHIBIT 1 MAUREEN ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 05 - 5697 CIVIL KENNETH E. ROSS, Defendant IN DIVORCE THE MASTER: Today is Tuesday, April 14, 2009. This is the date set for a hearing iri the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Maureen Ross and her counsel Barbara Sumple-Sullivan, and the Defendant's counsel James A. Snell. The Defendant has not appeared and Mr. Snell has indicated that he has had no contact with him after numerous efforts to communicate since we had our last hearing on February 12, 2009. We have waited approximately 45 minutes to see if Mr. Ross would appear and Mr. Snell has tried to call him today but has had no response to his efforts to communicate with him by telephone. After discussion today with counsel and Mrs. Ross, who has been part of our discussion, the Master has suggested to Mr. Snell that he petition the Court to withdraw from this case as counsel. Mr. Snell is going to go on the record and indicate his efforts to have his client 1 EXHIBIT 1 participate and communicate, and to indicate that his client has failed to cooperate in the prosecution of this case. The Master, after we had the last hearing, had requested specifically to Mr. Ross and Mr. Snell that Mr. Ross file a claim for unemployment compensation, that he file a petition to reduce the support order amount that he is currently under to pay support for four children, and to provide the Master with medical information verifying his medical condition. The request for medical information was based on the fact that Mr. Ross told the Master that he could not appear at the last hearing and we had to take his testimony by telephone. The Master has asked for verification of Mr. Ross's condition relating to his health and his back problems. To date, Mr. Ross has not taken any action to accomplish the requests made by the Master nor has he given any indication as to why he is not present here today. Essentially, Mr. Snell's participation in this case has simply been to cross-examine witnesses and to ask Mr. Ross questions at the hearing in February. Mr. Snell has indicated to the Master that he has not had any communication with his client nor does he have any authority to make any proposals. The only indication that Mr. Snell made today is that the value of assets that have been identified between counsel have essentially been agreed upon 2 between counsel. There is no agreement, however, on certain credits that have been requested. The Master has asked Mr. Snell to file a petition to withdraw based on his inability to participate and Mr. Snell has agreed that that is probably the best way to proceed. Mr. Snell is going to go the record and indicate on the record his efforts to communicate with his client and achieve his client's cooperation. The Master has scheduled another hearing in this matter for Monday, April 27, 2009, at 1:30 p.m. Inasmuch as Mr. Snell has indicated to the Master that he is going to act quickly to get his petition to the Court, the Master is asking the Court to consider a shorter period for a rule to show cause regarding Mr. Snell's request so that we can proceed with the hearing on April 27, 2009. The Master has no objection to Mr. Snell's request and the Master has certainly been aware throughout the course of these proceedings of Mr. Snell's lack of cooperation that he has had with his client and Mr. Snell's inability to effectively represent Mr. Ross. There have been numerous conferences scheduled in this office where Mr. Ross has failed to appear and Mr. Ross's lack of cooperation has certainly prolonged the disposition of this case. Mr. Snell, I'm going to ask you to go on the 3 record and indicate your position with regard to today's hearing and your indication to me that you wish to file a petition to withdraw and the reasons therefor. Mr. Snell. MR. SNELL: Thank you. It is correct, based on our discussion earlier this morning, that I've indicated that I was interested in withdrawing as counsel for Mr. Ross. The reasons for my interest in withdrawing are because Mr. Ross has not responded to my request for information or for any request that I made to him regarding what his position was on various proposals that were offered for a settlement. I corresponded with Mr. Ross on February the 13th together with an e-mail, February 18th, February 25th, February 26th, March 16th and April 1st regarding a request to Mr. Ross that he indicate to me what his intentions were regarding the Master's hearing that is scheduled for today. I received no information. I telephoned Mr. Ross this morning. I made contact with his answering machine but I did not receive any reply from Mr. Ross directly. On that basis, I am going to file a petition to request that the Court permit me to withdraw as counsel for Kenneth Ross in this case and any other related cases which I may be counsel of record. THE MASTER: Mr. Snell, do you feel that based on your comments and statement on the record, that you can effectively represent Mr. Ross in these proceedings? 4 MR. SNELL: I believe that it is very difficult for me to represent Mr. Ross in these proceedings. I'm not able to get any information from him regarding what his current health condition is; what his treatment is; what his prognosis is. I'm not aware of any employment opportunities that Mr. Ross has. I'm not aware of whether or not Mr. Ross has filed an application for unemployment compensation benefits as we had requested him to do -- I just have no contact. It makes it virtually impossible for me to effectively provide assistance of counsel to Mr. Ross. THE MASTER: Thank you. Ms. Sumple-Sullivan, did you want to make a statement on the record? MS. SUMPLE-SULLIVAN: Just an inquiry. Have you telephoned him prior to today since the last hearing on February 12th? MR. SNELL: He e-mailed me. I don't recall speaking to him on the telephone other than maybe -- I'm not sure. MS. SUMPLE-SULLIVAN: It is Mrs. Ross's position at this point that, again, this matter has been before the Master at least four times, if not five, to try to get this matter resolved and, again, Mr. Ross has failed to appear at least three of those times. At the other time periods, there was a resolution reached, at which time, he would not sign when we had left and actually did the 5 property settlement agreements. The only time Mr. Ross cooperates is when a petition is filed, brought to the attention of the judge, and a court order is entered to require him to do something. All of these efforts have cost my client significant dollars, lost days from her work, and has added to the emotional burden of going through this divorce and, again, if Mr. Snell is allowed to leave the case at this point, it would be our position at this point that counsel fees would have to be awarded to Mrs. Ross as a result of what I see as extremely willful and recalcitrant behavior by Mr. Ross repeatedly and, again, while we want to cooperate, this matter has really stretched the bounds of any kind of reasonableness in getting this matter resolved. THE MASTER: The Master has indicated that the request for counsel fees and consideration of Mrs. Ross's inconvenience and loss of employment because of appearing here when Mr. Ross did not will be considered later in her testimony and we will allow her to explain to the Master why she believes that she should be entitled to some reimbursement for counsel fees or a portion of those fees. MR. SUMPLE-SULLIVAN: I also ask that in regards to Mr. Ross's future participation in this action, that his side of the case be closed at this point, given the fact that we have had these delays, his counsel is going to 6 withdraw for non-cooperation -- what I don't want to happen at this point is to come back for another day of hearing and him attempt now to defend the action in some other way which will only prolong the proceedings. So I would ask that his portion of the case be closed. THE MASTER: We cannot do that exactly in the way that you have suggested. We hearing on April 27 and if he ch and we will deal with that issue understand that you may take the precluded from participating but showing up. will send a notice of the poses to come in, he can, when it arises. I position that he should be we can't prevent him from MS. SUMPLE-SULLIVAN: I do not mind him showing up. What I don't want to have happen is that he comes in and tries to give some sort of testimony about, you know, efforts at employment or health issues and things like that, which then will be a surprise to Plaintiff and no expert testimony or reports have been provided through his attorney and at that point, again, we would have to ask for another continuance to get that prepared and that would be highly inappropriate at this point since we are ready to proceed today and put the case on the record. THE MASTER: Let's wait and see what happens on the 27th before I effectively preclude him from any participation. If he would appear, and may be I am being 7 too optimistic, we could get the matter resolved because there have been offers of settlement and efforts made to get him to sign an agreement and I don't want to preclude the opportunity, at least, for counsel to come to a resolution with this case between the parties, which may not include additional testimony from either party. Thank you very much. We are going to conclude today. I do have one question with regard to grounds for divorce. Have affidavits and waivers been previously filed? MS. SUMPLE-SULLIVAN: We filed our affidavit and waiver -- we filed ours on 8/19/08 as a result of the pre-hearing conference. THE MASTER: Do you remember if your client MR. SNELL: I know they aren't filed. THE MASTER: Well, then I am going to suggest that Ms. Sumple-Sullivan needs to file an affidavit under Section 3301(d), if that has not already been done. MS. SUMPLE-SULLIVAN: Well, we would be looking for an entry of an indignities divorce too -- THE MASTER: We are not going to hear indignities -- if you can do a "d" affidavit, I am not going to listen to indignities. MS. SUMPLE-SULLIVAN: Well, it goes to the 8 alimony claim. THE MASTER: That's marital misconduct. MS. SUMPLE-SULLIVAN: Right. THE MASTER: And that will be in your testimony. MS. SUMPLE-SULLIVAN: Right. THE MASTER: Okay. Thank you. cc: Barbara Sumple-Sullivan Attorney for Plaintiff James A. Snell Attorney for Defendant 9 CERTIFICATE OF SERVICE I certify that I have on this day of April, 2009, served a true and correct copy of the within Petition by regular U.S. mail, postage prepaid, upon the following persons at the following addresses: Kenneth E. Ross 2717 High Street Grantham, PA 17027 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 E. Robert Elicker, Divorce Master Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 James A. Snell, Esquire Attorney for Defendant 322 South Eighth Street Lebanon, PA 17042 (717) 273-4555 Supreme Court I.D. No. 18038 ~~~"1 ~ .. ~~ ~;~Ei 22 ~'~~~~ ~.~ 1~ ~~ w JAMES A. SNELL Attorney-at-Law 322 South Eighth Street Lebanon, PA 17042 Telephone: (717) 273-4555 Attorney I.D. #18038 MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. OS - 5697 NO. 07-4569/ NO. 01090 S 2006 KENNETH E. ROSS, PACSES CASE N0.480108841 Defendant AMENDMENT TO PETITION OF DEFENDANT'S COUNSEL FOR LEAVE TO WITHDRAW The Petition of James A. Snell, Esquire, respectfully represents as follows: 1. The Petition filed in the Office of the Prothonotary on Apri122, 2009, to the above- captioned actions is attached hereto and made a part hereof. 2. The attorney for the Defendant/Petitioner has requested the concurrence of the Attorney for the Plaintiff/Respondent but has not, to date, received the concurrence of the Plaintiff/Respondent's attorney. 3. The following Judges have issued Orders relating to the above-captioned actions: (a) Action No. OS-5697 -Judge M.L. Ebert, Jr. (b) Action No. 01090 S 2006 -Judge J. Wesley Oler, Jr. (c) Action No. 1090 S 206 -Judge Kevin A. Hess (d) Action No. 07-4569 -Judge J. Wesley Oler, Jr. .~ w WHEREFORE, the Petitioner prays your Honorable Court to grant Petitioner leave to withdraw his appearance for the Defendant in the above-captioned actions or, in the alternative, issue a Rule upon the Defendant to show cause why the Petitioner should not be allowed to withdraw his appearance. JAMES A. SNELL, ES IRE Attorney for Defendant 322 South Eighth Street Lebanon, PA 17042 Telephone: (717) 273-4555 Attorney I.D. #18038 • .. CERTIFICATE OF SERVICE I certify that I have on this 27th day of April, 2009, served a true and correct copy of the within Petition by regular U.S. mail, postage prepaid, upon the following persons at the following addresses: Kenneth E. Ross 2717 High Street Grantham, PA 17027 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 E. Robert Elicker, Divorce Master Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 James A. Snell, Esquire Attorney for Defendant 322 South Eighth Street Lebanon, PA 17042 (717) 273-4555 Supreme Court I.D. No. 18038 „A FILEG-;~,~ s=C~ ~, ~ r•..~, a•.. ZQ~~ ~~~ 2~ ~ G~ ~J~ ~~ ... ~ \ ~ L_~. l / 7 ~ t.. MAUREEN ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO.OS-5697 CIVIL TERM N0.07-4569 CIVIL TERMf~ KENNETH E. ROSS, N0.06-1090 SUPPORT Defendant PACSES CASE. NO.: 480108841 IN RE: PETITION OF DEFENDANT' S COUNSEL FOR LEAVE TO WITHDRAW ORDER OF COURT AND NOW, this 30`~ day of April, 2009, upon the Petition of Defendant's Counsel for Leave To Withdraw and of the Amendment thereto, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, J esley Ol ., J. ,Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff mes A. Snell, Esq. V 322 South Eighth Street Lebanon, PA 17042 Attorney for Defendant rc ~ ~~^ ~ '~ ~~ -tx ~ ~~' ~ .~.J ^ r .t. . ,~_~, ~ Y C`~ "_' e. rl' ~a ~ ,_e ,- r , r Cd.- , ~~;. ~ a4C ,""r l 1~ ~~ LL ~ .•.3 N MAUREEN ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION -LAW NO. OS-5697 CIVIL TERM, NO. 07-4569 CIVIL TERM KENNETH E. ROSS, NO. 06-1090 SUPPORT Defendant PACSES CASE. NO.: 480108841 IN RE: PETITION OF DEFENDANT' S COUNSEL FOR LEAVE TO WITHDRAW ORDER OF COURT AND NOW, this 30th day of April, 2009, upon the Petition of Defendant's Counsel for Leave To Withdraw and of the Amendment thereto, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. Long county use Square #, PA 17013 RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, C~a __ _ ~ _ _ ._ . FtLEC-~"''"~' .I. ~ ~ p~p~ .,~,.10 ~~~~~aY -a ~~NQ: as .. -,~~~~ pJ~vl ~~'~V,~~lit'-. ~~A~~~ < < ~~® ® g7N£Y B011tlF5 o z 1 A $ ~.42~ 0004631598 MAYOR 2009 MAl1.ED FROM ZIP CODE 1 T01 3 James A. Snell, Esq. 322 S. 18th Street Lebanon, PA 17042 NIXIE 176 D2 1 00 08~+Oa/'OS RETURN TO SENDER NO SUCH NUMBER UNABLE TO FORWARD HC: 1701333fl4flfl ~0+4ifl-06072-01-43 ~~01~` 33s~a l,,,l)l,,,lll,,,,,,ll„tl,,,ll,,,)1,1-1,,,1„Il,h,),f,,,,,lll MAUREEN ROSS, Plaintiff v. KENNETH E. ROSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-4569 CIVIL TERM IN RE: MOTION FOR ENFORCEMENT OF ORDER OF CONTEMPT DATED JANUARY 8, 2009 ORDER OF COURT AND NOW, this 24~' day of July, 2009, upon consideration of the Praecipe filed in the above matter by Barbara Sumple-Sullivan, Esq., attorney for Plaintiff, withdrawing Plaintiff sabove-captioned motion, the hearing previously scheduled for July 27, 2009, is cancelled. J. ,/ Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff /Kenneth E. Ross P.O. Box 9 Grantham, PA 17027 Defendant, pro Se :rc ~'a ~ ES rn~-c l~ 7~2~ ~°~ `~` 1 BY THE COURT, C7F 7HE 1'~ r,..~, r~~,,~~,~RY 24Q9 .S~!~ ~ 7 P~ 3- ~ 2 Lit3~V~{rC"'t'- .j ,r~.,j"t"~, 0 , Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Petitioner is Plaintiff, Maureen Ross, an individual residing at 2425 Clover Drive, MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - IN CUSTODY KENNETH E. ROSS, NO.: 07-4569 Defendant PETITION FOR MODIFICATION OF CUSTODY ORDER 1 2 3 Mechanicsburg, Cumberland County, Pennsylvania 17055. Respondent is Defendant, Kenneth E. Ross, an individual residing at 2717 High Street, Grantham, Cumberland County, Pennsylvania 17027. Petitioner seeks to amend the current Custody Order dated September 18, 2007 (as amended by Order dated July 01, 2008). A copy of the Order is attached hereto as Exhibit "A" and incorporated herein by reference. Petitioner seeks award of sole legal custody of the j - THE PROTHONOTARY 2011 FEB -2 PM 12' 52 CUMBERLAND COUNTY PENNSYLYAWA following children: NAME ADDRESS DOB Joshua T. Ross 2425 Clover Drive Mechanicsburg, PA 17055 November 10, 1993 470-00 pa AV'V Cr 43R 8 & o154 5118 Caitlin E. Ross Zachary P. Ross Meghan C. Ross 2425 Clover Drive Mechanicsburg, PA 17055 2425 Clover Drive Mechanicsburg, PA 17055 2425 Clover Drive Mechanicsburg, PA 17055 March 10, 1995 March 10, 1995 April 07, 1996 The children are currently in the primary physical custody of Mother. Mother resides at the address referenced above. During the last five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES D_ Mother 2425 Clover Drive 2006 - Present Mechanicsburg, PA 17055 The Mother of the children is Maureen Ross, currently residing at 2425 Clover Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. The Father of the child is Kenneth E. Ross, currently residing at 2717 High Street, Grantham, Cumberland County, Pennsylvania 17027. The parties are currently divorced from each other. 4. The relationship of the Petitioner to the children is that of Mother. The Petitioner currently resides with Joshua T. Ross, Caitlin E. Ross, Zachary P. Ross and Meghan C. Ross. 5. The relationship of the Respondent to the children is that of Father. The Respondent currently resides with himself. 6. Petitioner and Respondent had previously participated in a custody proceeding in this Court. A copy of the Custody Order dated September 18, 2007, as amended by Order dated July 01, 2008, is attached hereto as Exhibit "A" and incorporated herein by reference. 7. Petitioner has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because Petitioner has been the primary custodial parent for the parties' children. As such, and due to the lack of involvement by Father resulting from his own health issues, Mother has spearheaded all health and education decisions for the children. Two of the parties' children have significant mental health issues which require significant monitoring and direct involvement in their care. In most situations, immediate decision making on many facets of their care is required. Mother spends inordinate amounts of time researching options, educating herself on the children's conditions, and arranging accommodations and care for them is occurring. Father does not participate. The best interest of the children will be to confirm sole decision making authority in Mother. 3 Wherefore, Petitioner request the Order of Custody be granted giving her sole legal custody of the minor children. Respectfully submitted, Dated: Daaara crumple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 EXHIBIT "A" JUN s o 2ooep MAUREEN ROSS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH ROSS Defendant Prior Judge: J. Wesley Oler, Jr., J. : No. 07-4569 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this Et day of July 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Conciliation Conference. A Custody Contempt Hearing is hereby scheduled on the % day of&}ebea • 2008 at )00 *p/pm in Courtroom number in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. The prior Order of Court dated September 18, 2007 shall remain in full force and effect absent mutual agreement or further Order of Court with the following modification to paragraph 12: 12. The parties shall ensure that Joshua Ross continue to engage in his mental health treatment and take his medications as. recommended. The parties shall ensure that therapeutic family counseling with psychiatric Associates of Central PA, or some other mutually agreed upon professional, continue. Father shall within five days upon receipt of this Order contact and set up an initial family counseling session with Carol Flory, or some other mutually agreed upon professional. Should the family counselor have an opportunity to meet with Father that works with Father's schedule, Father shall have his initial session within two weeks of this Order. The parents have agreed, and are directed, to engage in co parenting counseling to address significant issues that are impeding their ability to mutually raise their Children. Father shall submit to Mother the names of three co- parenting counselors to choose from. The cost of the counseling, after any appropriate payment through insurance for the parties, shall be split equally between the parties. 3. This Order is entered pursuant to a Custody Conciliation Conference regarding a contempt Petition. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, f e J. Cc: James A. Snell, Esquire, 322 South Eighth Street, Lebanon, PA 17042 Barbara Sumple-Sullivan, Esquire John J. Mangan, Esquire TRUE COPY FROM RECORD In Testimony whereof, I hereunto set my hand and t e seal of said' our, at Ca lisle, Pa. .. T ........ d of. LK. MAUREEN ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-4569 Civil Term KENNETH ROSS Defendant : ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL, RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1 • The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Joshua T. Ross 11/10/93 Primary Mother Caitlin E. Ross 3110195 Primary Mother Zachary P. Ross 3110195 Primary Mother Meghan C. Ross 4/7/96 Primary Mother 2. A Conciliation Conference was held on September 14, 2007, an Order of Court was issued September 18, 2007 and a conference was held regarding Mother's Petition for Contempt on June 25, 2008 with the following individuals in attendance: The Father, Kenneth Ross, with his counsel James A. Snell, Esquire The Mother, Maureen Ross, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The Mother's position is that their son Joshua T. Ross has been having some significant behavioral, school and mental health issues. Mother alleges that Father does not acknowledge the extent of Joshua's issues. Joshua does currently have a treating psychiatrist and is engaged with family counseling with Mother but not Father. Mother alleges that Father refuses to attend the family counseling and that Father has his own unaddressed mental health issues. Mother has concerns regarding Father having weapons in his residence and the concern that Joshua has been recently been in-patient with a mental health treatment facility. Mother further alleges that Father has engaged in disparaging comments/conversations with the Children about Mother. Mother alleges that this a critical juncture for Joshua and that family counseling and co-parenting counseling is essential for the Children's well- being. 4. The Father's position is that he does acknowledge Joshua's behavioral, school and mental health issues. Father alleges that many of the issues that Joshua has stem from Joshua's relationship with Mother. Father denies that he has unaddressed mental health issues. Father alleges that after the last conciliation conference, he did inquire as to participating in the family counseling but that Mother refused to have him participate. Father denies that he engages in disparaging comments about Mother to Children. Father alleges that he does not have the same difficulties with the Children, especially Joshua, that Mother reports. Father alleges that his difficulty with the situation stems from his relationship, or lack thereof, with Mother. Father has agreed to attend and participate in family counseling with Carol Flory and co-parenting counseling with Mother. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing before the Court. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require half a day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the judge to whom the matter has been assigned. Date: ?/z YEdy gan, Esq 'e nciliat SEP 172007,E MAUREEN ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . No. 07-4569 Civil Term KENNETH ROSS Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The-Mother, Maureen Ross, and the Father, Kenneth Ross, shall share legal custody. of the Children, Joshua T. Ross, boml 1/10/93, Caitlin E. Ross, born 3110195, Zachary P. Ross, born 3/10/95 and Meghan C. Ross, born 4/7/96. The parties shall have an equal right 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. §5'309,. 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. 2. The Mother shall.have primary physical custody of the Children. 3. The Father shall have: partial physical custody of the Children as follows: a:. Commencing January 19, 2007, on alternating weekends beginning on Friday 6:00 pm until Sunday 6:00 pm. During Father's weekend, Mother shall pick the Children up from Father's residence on Sunday and take Children to church services at 11:00 am and return Children to Father's residence promptly after mass. If there is a conflict in mass time due to extracurricular activities of the Children, the parties shall discuss changing the mass attendance time; b. On every Tuesday from 6:00 pm until 9:00 pm or an alternate evening as required by Father's work schedule with appropriate one days' notice and agreement by Mother; c: Father shall-. also=have custody of the Children on the Thursday preceding Mother's weekend from 6:00 pm until 9:00 pm; d. Duririg-summer vacation and school breaks, Father's custodial period shall terminate at 10:00 pm; and e. Such other times as the parties shall mutually agree upon based upon direct, communication between Mother and Father. 4. The non-custodial parent shall pick the Children up from the other parent's residence. The parents are directed to not incite any conflict during the exchange. 5. The parents are directed to communicate directly with one another and not through the Children in regard to any custodial matters. 6. During -any. periods of custody or visitation, the parties shall not possess or use controlled .substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, - that other household. members and/or house guests comply with this provision. 7. All major Holidays with the Children shall be alternated between the parents including New Year's Day Memorial Day, 4h of July, and Labor Day. Father shall have New Year's Day and 4 h of July in even years and Mother shall have Memorial Day and-Labor Day in even years. In odd years, this schedule shall reverse and Mother shall have New Year's Day and 0' of July and Father shall have Memorial Day and Labor Day. For purposes of this paragraph, the custodial day shall commence at 9:00 am until 9:00 pm. Easter Sunday shall be with Mother.. from 9:00 -am until 6:00 pm. Father shall have custody of the Children each year from Wednesday prior to Thanksgiving at 6:00 pm until 2:00 pm on Thanksgiving Day. Mother shall have custody of the Children each year from 2:00 pm, on Thanksgiving Day until Friday 6:00 pm. For Christmas, in even years, Mother shall-have custody of the Children from noon on Christmas Eve untilnoon on Christmas Day and Father shall have custody of the Children from noon Christmas Day until noon 12/26. In odd years, this Christmas schedule shall reverse. 8. Vacation: The parties shall each have the opportunity to have two non- consecutive :we. of vacation each year with the Children. Each week shall be from. Saturday 9:00 am until the following Friday 9:00 pm. The parties are in required to infortri the otherparent of their vacation plans at least 30 days advance writing. 9. Telephone Contact: ` Telephone contact between the Children and the non- custodal parent shall. be reasonable and liberal as agreed upon between the parties. In the absence of agreement, the non-custodial parent shall contact the Children at 830pm: 10. In,the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. The parties shall refrain from making derogatory comments about the other party in the presence ofthe. Children, and to the extent possible, shall prevent third parties from making such comments in the presence of the Children. 12. The. Mother and Father shall. facilitate becoming involved in therapeutic family counseling and continue with the Children's individual counseling. Both parents are strongly encouraged to engage in co-parenting counseling to address certain issues that are' Impeding their ability to mutually raise their Children. The cost of this counseling, after any appropriate payment through insurance for the parties, shall be split=equally-between the parties. 13. This Order is-entered.pursuant to a 'Custody Conciliation Conference. The parties may modify the provisions of this. Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY TBF C fiLl ?I 'S J. Cc: James A. Snell , Esquire, 322 South Eighth Street, Lebanon, PA 17042 Barbara Sumple-Sullivan, Esquire John J. Mangan, Esquire In Testwair:nv my hand MAUREEN ROSS, Plaintiff V. KENNETH ROSS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4569 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMM RY REPORT IN-.ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE-1915.3=8(B); the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is,as follows: Name . Date of Birth Currently in the Custody of Joshua T. Ross 11110193 Caitlin E. Ross 3110195 Mother Zachary P. Ross 3/10/95 Mother Meghan C. Ross 4/7/96 Mother 2. AConciliation Conference was held on September 14, 2007 with the following individuals in attendance: The Father, Kenneth Ross, via telephone, with his counsel James A. Snell, Esquire Mother, Maureen Ross, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The.partes agreed to the entry of an Order in the form as attached. Date: September 17, 2007 Jo M=?e n, Es C tody liator Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MAUREEN ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH E. ROSS, Defendant : CIVIL ACTION - IN CUSTODY : NO.: 07 - 4569 VERIFICATION I, MAUREEN ROSS, hereby certify that the facts set forth in the foregoing Petition for Modification of Custody Order are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: 1 - 6 - I MAUREEN ROSS Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street. New Cumberland, PA 17070 (717) 774-1445 MAUREEN ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - IN CUSTODY KENNETH E. ROSS, NO.: 07 - 4569 Defendant CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the Petition for Modification of Custody Order, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: James A. Snell, Esquire 322 South Eighth Street Lebanon, PA 17042 Mr. Kenneth E. Ross P.O. Box 9 Grantham, PA 17027 DATE: 03arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Attorney for Petitioner MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. c C = No. 07-4569 Civil Term CO s. rn Zrn z -p KENNETH ROSS c n N Defendant : ACTION IN CUSTODY o?- ''? C a rm' C) Prior Judge: J. Wesley Oler, Jr., J. -Z r; -? rv COURT ORDER " AND NOW, this a-5 day of April 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Mother, Maureen Ross, and the Father, Kenneth Ross, shall share legal custody of the Child, Joshua T. Ross, bornI 1/10/93. The Mother, Maureen Ross, shall have sole legal custody of Caitlin E. Ross, born 3/10/95, Zachary P. Ross, born 3/10/95 and Meghan C. Ross, born 4/7/96. Mother has the right to proceed in making medical/therapeutic decisions without Father's express consent. In regard to the three younger Children, the Mother has the right 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. However, in regard to all of the subject Children, 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. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children as follows: a. Commencing January 19, 2007, on alternating weekends beginning on Friday 6:00 pm until Sunday 6:00 pm. During Father's weekend, Mother shall pick the Children up from Father's residence on Sunday and take Children to church services at 11:00 am and return Children to Father's residence promptly after mass. If there is a conflict in mass time due to extracurricular activities of the Children, the parties shall discuss changing the mass attendance time; b. On every Tuesday from 6:00 pm until 9:00 pm or an alternate evening as required by Father's work schedule with appropriate one days' notice and agreement by Mother; c. Father shall also have custody of the Children on the Thursday preceding Mother's weekend from 6:00 pm until 9:00 pm; d. During summer vacation and school breaks, Father's custodial period shall terminate at 10:00 pm; and e. Such other times as the parties shall mutually agree upon based upon direct communication between Mother and Father. 4. The non-custodial parent shall pick the Children up from the other parent's residence. The parents are directed to not incite any conflict during the exchange. 5. The parents are directed to communicate directly with one another and not through the Children in regard to any custodial matters. 6. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. All major Holidays with the Children shall be alternated between the parents including New Year's Day Memorial Day, 4th of July, and Labor Day. Father shall have New Year's Day and 4th of July in even years and Mother shall have Memorial Day and Labor Day in even years. In odd years, this schedule shall reverse and Mother shall have New Year's Day and 4th of July and Father shall have Memorial Day and Labor Day. For purposes of this paragraph, the custodial day shall commence at 9:00 am until 9:00 pm. Easter Sunday shall be with Mother from 9:00 am until 6:00 pm. Father shall have custody of the Children each year from Wednesday prior to Thanksgiving at 6:00 pm until 2:00 pm on Thanksgiving Day. Mother shall have custody of the Children each year from 2:00 pm on Thanksgiving Day until Friday 6:00 pm. For Christmas, in even years, Mother shall have custody of the Children from noon on Christmas Eve until noon on Christmas Day and Father shall have custody of the Children from noon Christmas Day until noon 12/26. In odd years, this Christmas schedule shall reverse. Vacation: The parties shall each have the opportunity to have two non- consecutive weeks of vacation each year with the Children. Each week shall be from Saturday 9:00 am until the following Friday 9:00 pm. The parties are required to inform the other parent of their vacation plans at least 30 days advance in writing. 9. Telephone Contact: Telephone contact between the Children and the non- custodial parent shall be reasonable and liberal as agreed upon between the parties. In the absence of agreement, the non-custodial parent shall contact the Children at 8:30 pm. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. The parties shall refrain from making derogatory comments about the other party in the presence of the Children, and to the extent possible, shall prevent third parties from making such comments in the presence of the Children. 12. The parties shall ensure that Joshua Ross continue to engage in his mental health treatment and take his medications as recommended. The parties shall ensure that therapeutic family counseling with Psychiatric Associates of Central PA, or some other mutually agreed upon professional, continue. The parents have agreed, and are directed, to engage in co-parenting counseling to address significant issues that are impeding their ability to mutually raise their Children. The cost of the counseling, after any appropriate payment through insurance for the parties, shall be split equally between the parties. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Cc: 'Kenneth Ross, P.O. Box 9, Grantham, PA 17027 v'Barbara Sumple-Sullivan, Esquire ? John J. Mangan, Esquire BY THE COURT, olio a'1,,( ab MAUREEN ROSS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. KENNETH ROSS Defendant Prior Judge: J. Wesley Oler, Jr., J. : No. 07-4569 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Joshua T. Ross 11/10/93 Primary Mother Caitlin E. Ross 3/10/95 Primary Mother Zachary P. Ross 3/10/95 Primary Mother Meghan C. Ross 4/7/96 Primary Mother 2. A Conciliation Conference was held on September 14, 2007, an Order of Court was issued September 18, 2007, a conference was held regarding Mother's Petition for Contempt on June 25, 2008, an Order issued July 1, 2008 and a conference was held March 25, 2011 with the following individuals in attendance: The Father, Kenneth Ross, did not appear The Mother, Maureen Ross, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The undersigned recommends the entry of an Order as attached. Date: ?=-- ( ( John J. an , Esquire Custod Co iliator