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HomeMy WebLinkAbout04-5175 MANDY LYNN ROWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 5115 : NO. 04- CIVIL TERM vs. W A YLON ELTON ROWE Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Mandy Lynn Rowe, hereinafter referred to as Mother. Mother's current residence is 45 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Waylon Elton Rowe, hereinafter referred to as Father. Father's address is unknown, but Mother believes that he is residing with his mother at 100 Fern Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Mother seeks custody ofthe minor child: Name Present Residence Age Tylor Rowe believed to reside at 100 Fern Avenue Carlisle, PA 17013 9/28/03 - I year old The child, Tylor Rowe, was born during the parties' marriage. Tylor has been in the custody of Father since September 23, 2004. Prior to September 23, 2004, Tylor lived in the marital residence with Mother and Father. During Tylor's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Mandy Rowe Waylon Rowe 45 West North S1reet Carlisle, P A 17013 Birth - early 9/04 Mandy Rowe Waylon Rowe Donnie Rowe 45 West North Street Carlisle, P A 17013 early 9/04 - 9/23/04 Waylon Rowe Nancy Shields Richard Shields 100 Fern Avenue Carlisle, P A 17013 9/23/04 - present Mother and Father are separated. 4. Mother currently resides with the following persons: Name Relationship Mandy Rowe Self 5. It is believed that Father currently resides with the following persons: Name Relationship Waylon Rowe Self Nancy Shields Molher Richard Shields Stepfather Tylor Rowe Son with Mother 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Tylor in this or another court. 7. Mother has no information of a custody proceeding concerning Tylor pending in a court of this Commonwealth. 8. Mother does not know of a person not a party to the proceedings who has physical custody of Tylor or claims to have custody or visitation rights with respect to Tylor. 9. The best interest and permanent welfare of Tylor will be served by granting the relief requested for reasons including, but not limited to the following: a) Mother has provided for Tylor's emotional, physical, educational, and medical needs including establishing a stable home tmvironment for Tylor, and she can continue to provide for Tylor. b) Mother's home is the former marital residence where Tylor resided from birth until Father took him on September 23, 2004. c) Mother is willing to communicate with and work cooperatively with the Father to co-parent Tylor and will encourage both the mother/son and father/son relationship. d) Mother has always been Tylor's primary caretaker and saw to all of the day- to-day child-care activities such as changing diapers, feeding, waking during the night, bathing, clothing or putting Tylor to bed. 10. Father has not acted in the best interest of Tylor in ways including but not limited to the following: a) Since Mother became pregnant with Tylor, Father has repeatedly denied paternity. These denials continue despite the fact that Father refuses to return custody of Tylor to Mother. b) Father has never spent time alone with TyloJr and has never participated in any basic child-care activities such as diaper-changing, feeding, waking during the night, bathing, clothing, or putting Tylor to bed. c) Father never participated in child-rearing activities or provided child-care necessities such as diapers or formula for Tylor while the parties were married. d) On September 23, 2004, Mother agreed to allow Father's sister-in-law to have Tylor overnight. Once Tylor left Mother's custody, Father took him and has allowed Mother to see Tylor one time sinct: September 23, 2004, and only for thirty (30) minutes. e) Father has a problem with alcohol and has driven while intoxicated on many occasions. Mother fears that Father will l:ontinue to drive while intoxicated without any consideration to Tylor's safety or well-being. f) In early October 2004, Father called Mother lmd while crying, told her that he had been in an alcohol-related car accident because he was drinking and driving, that he had wrecked his vehicle and that Tylor was hospitalized at the Carlisle Hospital. Mother left work immediately to go to Carlisle Hospital, and upon arriving at the hospital, Mother leamed that Father's call was a hoax and that Tylor had never been admitted to Carlisle Hospital or any other hospital. g) Father has never demonstrated an interest in developing a healthy relationship with Tylor since his birth and is now attempting to prevent Mother from nurturing the bond she and Tylor developed since birth. 11. Every person with rights to custody or having actual physical custody of Tylor have been named as parties to this action. 12. WHEREFORE, Mother requests this Court to grant her the following relief: a) Grant the parties shared legal custody of Tylor. b) Grant Mother primary custody of Tylor. c) Grant Father periods of partial physical custody. d) Establish an appropriate holiday schedule so that each party is able to have time with Tylor. e) Order that the parents shall share transpOltation responsibilities. f) Any additional relief the court deems proper. Respectfully submitted, ?~ Jessic iamondstone Attorney for Plaintiff Mid Penn Legal S,ervices 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ------~.. GOLDBERG KATZMAN, P.c. Heather L. Paterno - I.D. #87506 Attorneys for Defendant 320 Market Street, P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 MANDY LYNNE ROWE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA v. W A YLON ELTON ROWE Defendant NO. 04-5175 CUSTODY /VISIT A TION DEFENDANT W A YLON ROWE'S ANSWER TO PETITION FOR CONTEMPT AND MODIFICATION Defendant, W A YLON ROWE, through his attorneys, Goldberg Katzman, P.C. files this Answer to the Complaint for Custody, and in support thereof, states the following: I. Defendant is without sufficient information to admit or deny this paragraph. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that the parties have had previous determinations by this Court. It is specifically denied that the actions of Father have been the impetus for such. 6. Denied. Father has not willfully violated the Court order. Mother abandoned the child in June 2005 and has only sporadically attempted to exercise her periods of custody. Father has denied some of these periods to ensure the child's safety due to Mother's irate and threatening manner, and her attempts to take the child with a suspended driver's license and while driving an umegistered and uninsured vehicle. 7. Denied. a. Denied. Father has encouraged Mother to exercise her custodial rights in a manner consistent with the law and in the child's best interests. Mother has primarily chosen not to follow the court order. b. Denied. Father has encouraged Mother to see the child on several other occasions, but Mother has either refused or has no interest in seeing the child. c. Denied. On the few occasions Father has denied Mother custody, he had good reason, such being either Mother's irate threatening comments, or Mother's inability to adhere to simple safety guidelines that would jeopardize the child's welfare. d. Denied. This action would not be necessary but for Mother's abandonment of the child in June 2005. e. Denied. Father does not call Mother names in front of the child, rather, mother has used profanity and inappropriate language and behavior in front of the child. f. Denied. Father has never beaten the child. To the contrary, Father has witnessed Mother's physical and verbal abuse of the child. g. Denied. Father no longer uses drugs, which he admits to doing with Plaintiff while they were together. Father is unaware if Mother still uses drugs, but has seen her in places notorious for drug activity. h. Denied. Father is an active and loving father. While Father works to support the child, Father is fortunate to have loving day care services provided free of charge by his mother and sister, and periodically allows Plaintiffs Mother (the child's maternal grandmother) to watch the child. 8. Denied. a. Admitted. However, Father believes it would be in the child's best interest to modify this provision to give him primary physical custody. b. Denied. Abandonment of the child together with threatening comments does not account for ensuring an "ongoing, healthy mother/son relationship." By way offurther answer, Father believes it would be detrimental to the child for mother to have significant contact with the child. c. Denied. Mother has shown no interest in fulfilling her custodial rights, other than to hurt Father. It is specifically denied that the child would be best served in being with Mother on a primary basis. d. Denied. Father no longer uses drugs, but has great concern that mother is using drugs. e. Denied. Father cherishes his parental duties and uses nurturing family daycare services only during his working hours. f. Denied. The converse is true. g. Denied. Mother's behavior and inability to act as a loving caretaker creates problems for the child. h. Denied. Mother's act of abandonment in June 2005 is the reason for this Petition. 8. [Sic.] Admitted that Father is no longer represented by the Family Law Clinic. By way of this Answer, father is represented by the undersigned and does not concur with the relief requested. WHEREFORE, Defendant, Waylon Rowe, respectfully requests that this court dismiss Plaintiff's Petition for Contempt and Modification and that Mr. Rowe retain primary physical custody of the child, Tylor Rowe, or alternatively, that a hearing be held on the merits of this matter. Respectfully submitted, Date:~. 'L~ '7 rt:)5 l /-AI VERIFICATION I verifY that the statements contained in the foregoing ANSWER to PETITION FOR CONTEMPT AND MODIFICATION are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 23,2005 ~VL r;~ WAYLONROWE CERTIFICATE OF SERVICE I certifY that the Defendant's Answer to Petition for Contempt and Modification was served on the 23'd day of September 2005 via U.S. Mail to the following individual: Jessica Diamondstone, Esquire Mid Penn Legal Services 8 Irvine Row Carlisle, P A 17013 Counsel for Plaintiff ; - C-/ ~ n c '"'" ,~~.:::" ~-,::"'> C,n U) ri'"l, -';) f",~ G--\ --:J o -n --I ~~ 6, -~::; F}J "'/ (:? ..'1-'1 (;^? (..) L'; , , ::~ ,';-, \ ::::::\ ~'S ::<. VERIFICATION The above-named PLAINTIFF, MANDY LYNN ROWE, verifies that the statements made in the above complaint For custody are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.5. ~4904, relating to unsworn falsification to authorities. Date: \ D~l4-D-\ ~y~(} .J'N)"" cr~vX- Mandy Lynn owe ~ MANDY LYNN ROWE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04- CIVIL TERM W A YLON ELTON ROWE Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I servc:d Waylon Elton Rowe, with a Complaint For Custody onD~ 14_,2004 by certified mail, return receipt, restricted delivery, to the person and address below: Waylon Elton Rowe 100 Fern Avenue Carlisle, PA 17013 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Si~,-4Z- Date: Oo.kk.r 1<-(, ~/ ~ ~ "'t:::, (~ ( ~" C"':'l C;:,:) ..:;.-' c.::. ('") -I .t.:~. ~,'" :,~. r",,) c..) ";.; .,t;:~. -.:... Q MANDY LYNN ROWE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04- SpS' CNIL TERM W A YLON ELTON ROWE Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Mandy Lynn Rowe, Plaintiff, to proceed in forma pauoeris. I, Jessica Diamondstone, attorney for the party proceeding in forma pauoeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. ~- Jessi a Diamondstone Attorney for Plaintiff MidPenn Legal S,ervices 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 o c;; ....' (,':'J C'~-' s~"" C) ("-;\ ;...\ - ,r.:'. r:? 0) :; MANDY LYNN ROWE PLAINTiFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5175 CIVIL ACTiON LAW W A YLON ELTON ROWE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 20, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 18, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference:. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The conrt 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/ facqueline M. l\emev. Esq. Custody Con,~iliator mhc 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, pl<:ase 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 TillS 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 ~ ~ b:- ~ """,17 ~ .41/. Q(',o/ * Z. ~ ~~ /7C1.~(// . ~ ?:?- '7/ ~'", ~tY ~ .A~ c7C".al 57 ',Inrl " ,v ,\l;\<r~'.'~,:'-, ' 0':' ,e'! ILl .,1V'{,.', j,- 02 J. ~OOZ MANDY LYNN ROWE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO.04-5175 CIVIL TERM v. W A YLON ELTON ROWE, Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Waylon Elton Rowe, in the above-captioned matter. ~(;f~ Certified Lt~galIntem Date~ \..)j ,I'I l--/uJ ~ C NALD-FOX LUCY Jd; TON-WALSH THOMAS M. PLACE ROBERT E. RAINS Supervising Attomey F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013-2899 (717)243-2968 (") ~.; Ci C'; ~~ $ ,..., ,= ~ ~- o -n --I :r. ,. nl-..] r-- -Om ;:'39 --iC) ::r: ~r; Q:r1 .~_o ()m ~~I f"" "'T') :< o " -l N CO ".. ::r: '? Go.) "'- v MANDY LYNN ROWE, Plaintiff NOV 'I!j LUU4f~' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2004-5175 CIVIL TERM : CIVIL ACTION - LAW WAYLON ELTON ROWE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this t ~ day of ~ ) ~I..... ... , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Mandy Lynn Rowe, and the Father, Waylon Elton Rowe, shall have shared legal custody of Tylor Rowe, born September 28,2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. All decisions affecting the child's growth and development shall be considered and shall be made by the parents jointly, after discussion and consultation with ea.ch other, with the goal of obtaining and following the child's best interest. 2. Mother and Father shall have shared physical custody of the child on a three-day alternating schedule, at times as agreed by the parties. 3. Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have the earlier time in 2004. After 2004, the parties shall agree as to which block of time they shall enjoy physical custody of the child. 4. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block B in even numbered years and Block A in odd numbered years. 5. Easter shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Mother shall always have the earlier time. 6. Mother shall have custody of the child on Mother's Day at times as agreed by the parties. Father shall have custody of the child on Father's Day at times as agreed by the parties. 7. The non-custodial parent shall have at least three hours of custody on the child's birthday. 8. The parties shall enjoy liberal telephone contact with the child. 9. Transportation shall be shared such that the parties shall exchange custody at the Shur Fine store parking lot on Spring Road in Carlisk 10. Neither party may partake in alcoholic beverages or illegal drugs to the point of intoxication while the child is in their custody. 11. Each parent shall notify the other of all medical care the child receives while in that parent's care. Each party shall notify the other immediately of medical emergencies which arise while the child is in that party's care. 12. Neither party shall do or say anything or pennit a third party to do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 13. Neither parent shall remove the child from the Commonwealth of Pennsylvania, without the consent of the other parent 14. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another conciliation conference is scheduled for F(~bruary 17,2005 at 8:30 a.m. c~ica Diamondstone, Esquire, Mid Penn Legal Services, Counsel for Mo v2rin Chafin, certified legal intern, Family Law Clinic Robert E. Rains, Esquire, Counsel for Father v ~ 1/-/9-0( \;-..~ ':., ~:. ~\lj fJ},~~,r~:~, ' ->\ 1'(\" ,\.,I\..,.I t.t: :3 \;d G \ t\\JH \\~DI '" "G~~;;f,jJ'0\iL 00 NOV 'I e LUU4 t MANDY LYNN ROWE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2004-5175 CIVIL TERM CIVIL ACTION - LAW W A YLON ELTON ROWE, Defendant IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tylor Scot Rowe September 28, 2003 shared 2. A Conciliation Conference was held in this matter on November 18, 2004. Mother, Mandy Lynn Rowe, was present with her counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services and Father, Waylon Elton Rowe, was present with his counsel, Erin Chafin, certified legal intern, Robert E. Rains, Esquire, Family Law Clinic. 3. The parties agreed to an Order in the form attached. 11-/ g -,() ,Y Date Cl d.. k~ ~ Verney, EsqUire Custody ConcJlliator FEB 1 5 200r MANDY LYNN ROWE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-5175 CIVIL TERM WAYLON ELTON ROWE, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 15th day of February, 2005, the parties having advised the Conciliator that they are satisfied with the current Order, th(~ Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, . ',--< I\'t V~~~ Jacq line M. Verney, Esquire, Custody ciliator 'i, ~ '; ~',~ 1.'-' '-1") 1<' MANDY LYNN ROWE, PlaintiWPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5175 CIVIL TERM W A YLON ELTON ROWE Defendant/Respondent PETITION FOR CONTEMPT AND MOJ>IFICATION Petitioner, Mandy Lynn Rowe, by and through her counsel, MidPenn Legal Services, states the following: 1. Plaintiff/Petitioner, hereinafter referred to as Mother, resides at 98 Fairview Street, Lot I, Carlisle, Cumberland County, Pemlsylvania 17013. 2. Defendant/Respondent, hereinafter referred to as Father, resides at 3101 Spring Road, Lot 8, Carlisle, Cumberland County, Pennsylvania 17013. 3. The above-named parties are the natural parents of Tylor Rowe, born September 28, 2003. 4. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated November 18, 2004. The Order, in pertinent part, grants the parties shared legal custody of the child and shared physical custody of the child on a three-day alternating schedule. 5. This is the second time that Father has withheld Tylor from Mother and has forced Mother into the court system in order to see her son. 6. Father has willfully disobeyed the Order in ways including, but not limited to, the following: a. Refusing to permit Mother to exercise her periods of physical custody in accordance with the Order, since June 28,2005. b. Refusing to communicate with Mother about the custody schedule. c. Refusing Mother reasonable telephone communications with Tylor. 7. Father is not acting in Tylor's best interest for reasons including, but not limited to, the following: a. Father has willfully denied Mother physic:al custody of Tylor in ways set forth in Paragraph Five of this Petition for Contempt and Modification. b. The two occasions since June 28, 2005, when Father has allowed Mother to see Tylor were arbitrarily choslID and Father only allowed Mother to visit for three (3) hours and required her to stay at his home. c. On eight (8) other occasions, Father told Mother that she could see Tylor and then changed his mind at the last minute with no reasonable explanation. d. This is the second time that Father has withheld Tylor from Mother and has forced Mother into the court systt:m in order to see her son. e. Father continually alienates Mother by calling her names in front of others and in front ofTylor, which interferes with the appropriate and healthy mother/son relationship that is imperative to Tylor's ongoing emotional development and well being. f. While under the influence of alcohol and/or heroin, or the withdrawal symptoms from aforementioned substancles, Father has used corporal punishment on Tylor. This causes Mothe:r to fear that Father is not capable of parenting Tylor on a daily basiis. g. Father associates with individuals who de:al in illegal drugs, which causes Mother to fear for Tylor's safety. h. Father has avoided his parental duties during his custodial periods by giving Tylor to his relatives for care. 8. Mother is entitled to modified periods of shared eustody, which would serve Tylor's best interests, for reasons including but not limited to the following: a. Under the existing Order, Mother is entitled to shared periods of physical custody with Tylor. b. Mother wants to ensure an ongoing, healthy, mother/son relationship with Tylor. It is imperative that the child have regular and ongoing contact with Mother for his emotional weU being and development. c. Mother is able to exercise her periods of partial custody as set forth in the November 18, 2004, Order but believ(:s that in light of Father's current problems, it would best serve Tylor to be with her on a primary basis. Mother's recent failure to exercise periods of partial custody is the result of Father's interference, not Mother's lack of interest or determination to see the child. d. Mother is concerned that Father is still using heroin and alcohol and cannot provide for Tylor's daily needs on a primary basis. e. Mother is concerned that when Father has custody of Tylor, he relinquishes his parental duties to other family members and has not demonstrated an ability to parent on a daily, ongoing basis. f. Father's behavior indicates his willingness to use Tylor as a pawn when Father is angry or upset with Moth(:r. g. Father's behavior does not serve Tylor's best interests as it creates a tense and negative atmosphere regarding custody and causes stress for Tylor. h. Father's actions interfere with Mother's ability to exercise her shared legal custody right to participate in major decisions regarding Tylor. 8. Father is no longer represented by the Family Law Clinic and it is unknown whether he has obtained new counsel. As such, Mother's counsel cannot seek concurrence with the relief requested. WHEREFORE, Mother respectfully requests the following: a. That this Court find Father in contempt ofthe existing November 18, 2004, Court Order. b. That this matter be scheduled for a custody conciliation to establish terms of a modified custody schedule. c. That Mother and Father continue to share legal cllstody ofTylor. d. That Mother be granted reasonable contact via telephone and written correspondence with the child when he is in Fath(:r's custody. e. That Father provide Mother with all information relevant to legal custody to which she is entitled such as daycare information, school information, doctor's visits, etc., in a timely manner. f. That Mother be permitted to immediately exercise her periods of shared physical custody until further order following the custody conciliation. g. Any other relief this Court finds just and proper. itted, --fe~ iamondstone, Esquire Grac.tD' Alo, Esquire Attorney for Plaintiffi'Petitioner MidPenll Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, MANDY LYNN ROWE, verifies that the statements made in the above petition for contempt and Modification are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: Q 0- tl-q)' \,~~ ~~ Mandy nn Rowe MANDY LYNN ROWE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-5175 CIVIL ACTION LA W W A YLON ELTON ROWE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Angus! 24, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesdav, September 27, Z005 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrOW the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Rellef orders, aud Custody orders to the conciliator 48 hours prior to scbeduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, ESQ. Custody Conciliator .:j/ 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. AIl 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 (7] 7) 249-3166 _--d ~ ff" -- ~ UdJ 5~Y'g, '(/T 1M ~ /f/""" ~ 9J' 5t' $ . p'r ~ cP ?? ~~; --tV 5Cl-~r' , .5 -;( ~ rv - " \ .,'\\ (:"'~~?(~. ,^" ,..(~,'- I'"'' ,'" ,,~,,\ ,J '\1\'-';',1'::-,,.,.:.,1'>"'-."'."--" ' \C,,rC., ' )0'1:"" .,..' 0;:.i1 , S~ '.)\\1 SI\ ,,''0 \\0, ,... SU' " -::,~~ ~V ,:r~\\;S':/;'~ / \ ,,,,I.\(>>,J' ~;::..fI;\\:> "'o'~~ (").00' ~,- I' ~,f~- }- MANDY LYNN ROWE, Plaintiff RECE~'/EO s:p 2 ~ ZOOS : IN THE COURT OF COMMON PLEAS OF -t' : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-5175 CIVIL TERM : CIVIL ACTION - LAW W A YLON ELTON ROWE, Defendant : IN CUSTODY ORDER OF COURT ~ AND NOW, this 21\ day of ..... , 2005, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: I. The prior Order of Court dated November 18, 2004 is hereby vacated. 2. The Mother, Mandy Lynn Rowe, and the Father, Waylon Elton Rowe, shall have shared legal custody of Tylor Rowe, born September 28, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. All decisions affecting the child's growth and development shall be considered and shall be made by the parents jointly, after discussion and consultation with each other, with the goal of obtaining and following the child's best interest. 3. Father shall have primary physical custody of the child. 4. Mother shall have partial physical custody as follows: A. Wednesday, September 28, 2005 and Friday September 30,2005 from 12:00 noon to 4:00 p.m., supervised by Father's sister. B. Beginning Tuesday, October 4, 2005, every Tuesday and Thursday from 10:00 a.m. to 6:00 p.m. unsupervised. C. Such other times as the parties agree. 5. The parties shall enjoy liberal telephone contact with the child. 6. Mother shall be responsible for all transportation. 7. Neither party may partake in alcoholic beverages or illegal drugs to the point of intoxication while the child is in their custody. 8. Each parent shall notify the other of all medical care the child receives while in that parent's care. Each party shall notify the other immediately of medical emergencies which arise while the child is in that party's care. 9. Neither party shall do or say anything or permit a third party to do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 10. Neither parent shall remove the child from the Commonwealth of Pennsylvania, without the consent of the other parent 14. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another conciliation conference is scheduled for November I, 2005 at 9:30 a.m. BY '"(HE COURT, J. Edgar B. Bayley, cc: Jessica Holst, Esquire, Mid Penn Legal Services Heather Paterno, Esquire, Counsel for Father Counsel for Mother ~.~ tj - ~(J--U 5' ]+15 FtED-DI'FiCE OF T1-)'c DDnTI.l(",\I(\T',i:lY . l... 1-. "'.' II '\.,' ,v It'~. za05 SEP 29 Pi1 3: 54 C' )"1':.1 , ' ,,) "iTV VI ".,._c__ ".~' ,,_"'...,J~\ll , F;t~ ~~ I "J <")'y'L \/F\{\HA RC"eE":!:""' C"~ ~ ~ '00' J.... j,.i....~ ....c...J Iv.... .::.u!.JJ MANDY LYNN ROWE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2004-5175 CIVIL TERM : CIVIL ACTION - LAW WAYLON ELTON ROWE, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tylor Scot Rowe September 28, 2003 Father 2. A Conciliation Conference was held in this matter on September 27, 2005. Mother, Mandy Lynn Rowe, was present with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services and Father, Waylon Elton Rowe, was present with his counsel, Heather Paterno, Esquire. 3. The Honorable Edgar B. Bayley entered an Order of Court dated November 18, 2004 providing for shared legal and shared physical custody on a three day alternating schedule. 4. The parties agreed to an Order in the form attached. ~ . ,~ q -.}., 7 'Ci:5 Date ~-~A.V~/ acq4line M. Verney, Esquire ;, Custody Conciliator MANDY LYNN ROWE, Plaintiff h<---et'.. T ('T1 W:' -- 'A'-': ~007 /0 ADN i : IN THE COURT OF COMMON P ,I~"L;X:4~-d : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-5175 CIVIL TERM : CIVIL ACTION - LAW WAYLON ELTON ROWE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of d JU1.M .2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of Court dated September 29, 2005 shall remain in full force and effect with the following modifications and additions. 2. Mother shall have partial physical custody as follows: A. Beginning November 2,2005, every Wednesday and Thursday from 10:00 a.m. to 6:00 p.m. B. Thanksgiving: In 2005, Mother shall have physical custody from 9:00 a.m. to 3:00 p.m. C. Mother shall have physical custody of the child on Christmas Day from 8:00 a.m. to 4:00 p.m. 3. Transportation shall be shared such that the receiving party shall transport except that Father's vehicle is currently in need ofrepairs so that Mother will be responsible for all transportation until Father's vehicle is operational. 4. Neither party may take the child to the Harvon Motel 5. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another conciliation conference is scheduled for February 21, 2006 at 10:30 a.m. ;;r / / . COUR ;/; / .' ,o?J \\,) J. ~~ ~ ,-' ws~. 9c) p;--:c <;1t=, @~ ft~ '6 (') U') - - ::; ~ N , ~ ";t:.. or.> ~ <-' I:' s_..... .'-- ~ "<. .~) -:")"<. >":2.:. :~~~ ;r) \ :--~.::. .~ 'C1.-. 5 (.) cc: Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother Heather Paterno, Esquire, Counsel for Father ,- 'Al::11 ~ >00- [%7.\,..0... AON \' 1'.1:.JJnI MANDY LYNN ROWE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2004-5175 CIVIL TERM CIVIL ACTION - LAW W A YLON ELTON ROWE, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tylor Scot Rowe September 28, 2003 Father 2. A Conciliation Conference was held in this matter on November I, 2005. Mother, Mandy Lynn Rowe, was present with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services and Father, Waylon Elton Rowe, was present with his counsel, Heather Paterno, Esquire. 3. The Honorable Edgar B. Bayley entered an Order of Court dated September 29, 2005 providing for shared legal custody, Father having primary physical custody and Mother having periods of supervised visitation and partial physical custody two days for eight hours per day. 4. The parties agreed to an Order in the form attached. /I-(-u<;' Date ~ / , ...'--"'.. h, (k~ acq hne M. Verney, EsqUire Custody Conciliator ....-....- rD "'L~ (':,"" ...,.....~ .. ,-1\'- \,CJ("" . V., ,_. _ I ., ~ -' ~9 MANDY LYNN ROWE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. W A YLON ELTON ROWE, Defendant : NO. 2004-5175 CIVIL ACTION - LA W : IN CUSTODY ORDER OF COURT AND NOW, this 21st day of February, 2006, having scheduled this matter for a Conciliation Conference on February 21, 2006 for which Mother did not appear, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, t~ 't.i!~1 ne M. Verney, Esquire, Cus y Conciliator or. 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