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HomeMy WebLinkAbout01-1476CartlMe, PA ROGER E. ROWE, PENNY J. ROWE, Plaintiff Defendant : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 200t- /'-/74 ClVlLTERM IN DIVORCE COMPLAINT FOR CUSTODY 1. The Plaintiff is Roger E, Rowe, residing at Big Spring Terrace, Lot 174, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Penny J. Rowe whose is at an unknown location, believed to be New Jersey. 3. The Plaintiff seeks custody of the following children: Nathan E. Rowe, born June 2, 1990; and Nichole M. Rowe, born June 4, 1987, who resides at Big Spring Terrace, Lot 174, Newville, Cumberland County, Pennsylvania. The children were not born out of wedlock. The children are presently in the custody of Roger E. Rowe, currently residing at Big Spring Terrace, Lot 174, Newville, Cumberland County, Pennsylvania. Dudng the past five years, the children have resided with Roger E. Rowe and Penny J. Rowe, and from March 7, 2001 to the present, the children live with Roger E. Rowe at Big Spring Terrace, Lot 174, Newville, Cumberland County, Pennsylvania. The mother of the children is Penny J. Rowe, believed to be currently residing somewhere in New Jersey. She is married. The father of the children is Roger E. Rowe, currently residing at Big Spring Terrace, Lot 174, Newville, Cumberland County, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the children, 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with a paramour whose name is not known. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. 7. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of the Commonwealth, 8, The 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, 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) The Plaintiff can best provide for the physical and emotional needs of children. 10, Each parent whose parental dghts to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the children to the Plaintiff. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: quire 26 West High Street Carlisle, PA 17013 (717) 243-6222 ~ W. High ~t~et c~rm~ VA 3 VERIFICATION I, the undersigned, Roger E. Rowe, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, § 4904, relating to unsworn falsification to authorities. Roger , Rowe ROGER E. ROWE, Plaintiff/Petitioner VS. PENNY J. ROWE, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001- CIVlLTERM : : IN DIVORCE PETITION FOR TEMPORARY ORDER fl)IS qDSAY de, PA NOW COMES ROGER E. ROWE, by and through his counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and states as follows: 1. The parties hereto are the parents of two children, Nathan E. Rowe, born June 2, 1990, and Nichole M. Rowe, born June 4, 1987. 2. Petitioner has filed a Complaint for Custody, a copy of which is attached hereto as Exhibit '%". 3. The parties hereto were married on October 18, 1986 and separated on March 7, 2001, when Respondent left the marital home without notice to Petitioner, taking with her the child, Nathan E. Rowe, and moving him to New Jersey to reside with herself and a man whose identity is not known. 4. At the time she removed the child from Cumberland County, Respondent advised Oak Flat Elementary School, where the child, Nathan E. Rowe, is a student, that he would not be returning to school. 5. On March 9, 2001, Respondent returned to Cumberland County, bringing with her the child, Nathan E. Rowe, and dropping him off at the home of Petitioner. 6. Respondent has averred that Petitioner may have primary custody of the children. ¥. High 8~reet ~rl~ PA 7. Petitioner fears that without an Order of Court, Respondent could once again remove Nathan E. Rowe from Oak Flat Elementary School, or his sister, Nichole E. Rowe, from Big Spring School District Middle School, and remove them from the Commonwealth. 8. Upon information and belief, Oak Flat Elementary School and Big Spring School District Middle School would have no choice but to release the children to Respondent without an Order of Court. WHEREFORE, Petitioner prayer this Honorable Court to enter a Temporary Order for primary physical custody of Nathan E. Rowe and Nichole M. Rowe in their father, Petitioner, pending further Order of this Court, along with an Order that the children not be removed from their respective schools. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ~4~9~~nds~ay, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, Roger E. Rowe, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. c:\wp5I\hyde\complaint, cu~ file#5310-974)l Ma~ch 13,2001 ROGER E. ROWE, Plaintiff/Petitioner VS. PENNY J. ROWE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2001- /4/'26 CIVIL TERM IN DIVORCE AND NOW this ORDER OF COURT day of ~4~ , 2001, upon consideration of the within Petition for Temporary Order, temporary custody of Nathan E. Rowe and Nichole M. Rowe shall be in their father, Roger E. Rowe, with the directive that the children not be removed from their respective schools pending further Order of Court~ ~ 5~'~ By the Court, --" W. ltigh strut Bar}~e, PA ROGER E. ROWE PLAINTIFF V. PENNY J. ROWE DEFENDANT iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1476 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 1% 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 18, 2001 at 9:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FORTHECOURT, By: /s/ ]acqueline M. Verney, Esq.~)12 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ROGER E, ROWE, PENNY J. ROWE, Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001- 1476 CIVIL TERM .. : IN CUSTODY AFFIDAVIT OF SERVICE , hereby certify that I served the Complaint for Custody and Court Order and the Petition for Temporary Order and Order of Court, on~lat approximately o'clock __~. m. by at SAIDIS SHUFF, FLOWER & LINDSAY 26 Itt. Htslh Street C~rlI$1e, PA APR 0 2001 ROGER E. ROWE, Plaintiff V. PENNY J. ROWE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-1476 CIVIL ACTION - LAW : : IN CUSTODY : ORDER OF COURT AND NOW, this '~ day of ¥~vx ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated March 14, 2001 is hereby vacated. 2. The Father, Roger E. Rowe, and the Mother, Penny J. Rowe, shall have shared legal custody of Nathan E. Rowe, born June 2, 1990 and Nichole M. Rowe, born June 4, 1987. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well- being including, but not limited to, all decisions regarding their health, education and religion. 3. Father shall have primary physical custody of the children with Mother having periods of partial physical custody as set forth as follows: Alternating weekends from Friday at 8:00 p.m. to Sunday at 8:00 p.m. beginning April 21, 2001. Said weekends shall be at the home of the children's maternal grandparents unless otherwise agreed by the parties. Mother shall be entitled to two (2) non-consecutive weeks in the summer. For this year, one week will be over the July fourth holiday. Mother shall provide 30 days prior notice of the exercise of her summer periods. However, prior to the exercise of Mother's summer periods of physical custody, Mother shall provide Father with a current address, home telephone number and photographs of her home, including the sleeping arrangements for the children. Mother insures that the children will have separate beds. In addition, during the summer periods of physical custody with Mother, the children have the right to contact Father at any time and request that the summer visit terminate. If this occurs, Mother shall return the children to Father as soon as practicable. c. Such other times as the parties agree. 4. During periods of partial physical custody, Mother is to insure that the children will not be alone with Chuck Lentalsky or any other person that the children do not know or are uncomfortable with. parties. Mother shall provide all transportation unless otherwise agreed by the 6. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. 7. The parties shall be entitled to reasonable telephone contact with the children during the periods when the children are not in the custody of that party. 8. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 9. 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: Carol J. Lindsay, Esquire - Counsel for Father Penny J. Rowe - Pro se 36 Canis Court Swell, NJ 08080 BYT~E~k ROGER E. ROWE, Plaintiff V. PENNY J. ROWE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-1476 CIVIL ACTION - LAW : : IN CUSTODY : PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nathan E. Rowe Nichole M. Rowe June 2, 1990 Father June 4, 1987 Father 2. A prior Order of Court was entered by the Honorable Edgar B. Bayley on March 14, 2001 on an Emergency Petition which prohibited either party from removing the children from school or Pennsylvania. 3. A Conciliation Conference was held in this matter on April 18,2001. Father, Roger E. Rowe, was present with counsel, Carol J. Lindsay, Esquire, and Mother, Penny J. Rowe, was present pro se. 3. The parties agreed to an Order in the form attached. Date ~ustody Conciliator