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HomeMy WebLinkAbout04-5658TAVIA J. ROMITO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. O Y- 5 L 5 Ic" Civil Term F. MICHAEL ROMITO, III : IN CUSTODY Defendant 1. Plaintiff is Tavia J. Romito, who currently resides at 30 E. Slate Hill Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is F. Michael Romito, also known as Mike Romito, who currently resides at 300 E. Street, Carlisle, Pa. 17013. PETITION FOR CUSTODY 3. Plaintiff seeks an order confirming her primary custody of the following child: NAME DOB ADDRESS Tobin Michael Romito September 24, 2002 300 E. Street, Carlisle, Pa. 17013 The child was born in wedlock. Father and mother currently share legal custody of the child and Mother has been the primary caretaker of the child since birth. During the past five years, the child has resided with the following persons and at the following addresses: NAME Mike and Tavia Romito Tavia Romito Sherry and Jim Morrison (Maternal grandparents) Davin Waugaman (uncle) Jennifer West (uncle's fiance) ADDRESSES 300 E. Street Carlisle, Pa. 17013 30 E. Slate Hill Road Carlisle, Pa. 17013 DATES birth to 11-9-04. 11-9-04 to present The mother of the child is: Tavia Romito, currently living at 30 Slate Hill Road, Carlisle, Cumberland County, Pennsylvania. She is married to Mike Romito. The father of the children is: Mike Romito, currently residing at: 300 E. Street, Carlisle, Cumberland County, Pennsylvania. He is married to: Tavia Romito. 4. The relationship of plaintiff to the children is that of MOTHER. The persons that the Plaintiff currently resides with her are: the child, her parents, her brother, and her brother's finance. 5. The relationship of defendant to the children is that of FATHER. The defendant currently resides alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Mother has been the primary caretaker of the child since birth and believes she would be in the best position to continue caring for the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. child. WHEREFORE, Plaintiff requests the court to grant and order regarding custody of the Date: Vv-' v`1 Respectfully submitted, Jane Adams, Esquire I.D. No. 79465 34 South Pitt Street 0-arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: t t- I b -----C>\-l rr, Tavia J. Rolito Plaintiff 9) {F" o 7 7) 1( l +I ?.? J ? ..1 '', ? A h TAVIA J. ROMITO, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA F. MICHAEL ROMITO, III Defendant No. 04 - 5658 Civil Term IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this December 22, 2005, I, Jane Adams, Esquire, hereby certify that on December 20, 2005, a certified true copy of the CUSTODY COMPLAINT and letter indicating new hearing date was served, via certified mail, return receipt requested, addressed to: F. Michael Romito, III 1386 W. Trindle Rd. Carlisle, Pa. 17013 • Complete items 1, 2, and 3. Also complete A. Sign t Item 4 if Restricted Delivery is desired. ^ ? Agent DEFENDANT ¦ Print your name and address on the reverseG C !^ ? Addressee so that we can return the card to you. . Received by (Printed Name) C. Date of Delive ¦ Attach this card to the back of the mailpiece, i"' -- Delivery or on the front if space permits. F'WT-c - "LeE o ? L cJ / D. Is delivery address different from Rem 1? ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No MR.I MICHAr^,L ROMITO, III 1336 W TRINDLE RD CARLISLE. T)A 17013 3. Service Type >rlcertified Mail ? Express Mail ? egistered ? Return Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (transfer from service label) 7005 0390 0003 2635 3907 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Respectfully//Submitted: J Adams, Esquire I. . No. 79465 4 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ? o ?-? -?-? --. ? _a ?' ?, ?' ?? ? ?: ,<? r?` `" `? ,..; 7 `? ; L -'_ _ , n ,? ? N ?:1 U :? J JAN 2 i6 2006 TAVIA J. ROMITO, Plaintiff V F. MICHAEL ROMITO,III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 IN CUSTODY CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 2 3 C a day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tavia J. Romito, and the Father, F. Michael Romito, III, shall enjoy shared legal custody of Tobin Michael Romito, born September 24, 2002. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Sunday from 11:00 a.m. to 6:00 p.m. B. On the Saturdays Mother is working from noon until 6:00 p.m. C. Every Tuesday when Mother is working 3:00 p.m. until 7:00 p.m. D. At such other times as the parties may agree 4. Legal counsel for the parties may contact the Custody Conciliator via phone call or letter to have another custody conciliation conference scheduled in the event either party desires to modify this Order. BY THE COURT: Cc: „ J-Sne Adams, Esquire ,xeslie Tomeo, Esquire C)t x, ? ., ?:-? r ,u ?;.,?? ?_????L . ,,, ;J;',, TAVIA J. ROMITO, Plaintiff v F. MICHAEL ROMITO,III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5658 CIVIL ACTION - LAW 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 child who are the subject of this litigation is as follows: Tobin Michael Romito, born September 24, 2002 2. A conciliation conference was held on January 19, 2006, with the following individuals in attendance: The Mother, Tavia J. Romito, with her counsel, Jane Adams, Esquire The Father, F. Michael Romito, III, with his counsel, Leslie Tomeo, Esquire 3. The parties agreed to an entry of an Order in the form at attached. Date: January I q , 2006 L4- ? Hubert X. Gilro , Esquire Custody Conc' ator TAVIA J. ROMITO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 04-5658 CIVIL ACTION - LAW F. MICHAEL ROMITO, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is F. Michael Romito, who resides at 1386 West Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Tavia J. Romito, who resides at 30 E. Slate Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On January 23, 2006, the Honorable M.L. Ebert entered a Custody Order attached as Exhibit «A» 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Respondent has moved across the state to Potter County. 5. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: 1. Father, F. Michael Romito, and Mother, Tavia J. Romito, shall have joint custody of the minor child, with the following schedule: a) Father shall have primary, physical custody of the minor child. Mother shall have the child on alternating weekends. 2. Alternatively, mother must show that she meets the standard set forth in Gruber v. Gruber, 400 Pa. Super. 174 (1990) in a Plowman hearing or be forced to remain in Pennsylvania with the minor child. Date: 5e?rZ? LGO` Respectfully submitted, ROMINGER & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant/Petitioner TAVIA J. ROMITO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 04-5658 CIVIL ACTION - LAW F. MICHAEL ROMITO, Defendant IN CUSTODY VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: o? 71 ?CO F. Michael Romito, Defendant/Petitioner TAVIA J. ROMITO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 04-5658 CIVIL ACTION - LAW F. MICHAEL ROMITO, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant/Petitioner do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, Pa 17013 Dated: ,,.,2- - Karl E. Rominger Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant/Petitioner TAVIA J. ROMITO, Plaintiff v F. MICHAEL ROMITO,III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND (-?, NOW, this day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tavia J. Romito, and the Father, F. Michael Romito, III, shall enjoy shared legal custody of Tobin Michael Romito, born September 24, 2002. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Sunday from 11:00 a.m. to 6:00 p.m. B. On the Saturdays Mother is working from noon until 6:00 p.m. C. Every Tuesday when Mother is working 3:00 p.m. until 7:00 p.m. D. At such other times as the parties may agree 4. Legal counsel for the parties may contact the Custody Conciliator via phone call or letter to have another custody conciliation conference scheduled in the event either party desires to modify this Order. BY THE COURT: 11, J-A I Judge Cc: Jane Adams, Esquire Leslie Tomeo, Esquire Exhibit "A" TAVIA J. ROMITO, Plaintiff v F. MICHAEL ROMITO,III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL ACTION - LAW 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 child who are the subject of this litigation is as follows: Tobin Michael Romito, born September 24, 2002 2. A conciliation conference was held on January 19, 2006, with the following individuals in attendance: The Mother, Tavia J. Romito, with her counsel, Jane Adams, Esquire The Father, F. Michael Romito, III, with his counsel, Leslie Tomeo, Esquire 3. The parties agreed to an entry of an Order in the form at attached. Date: January 9 2006 ?;*- V Hubert X. Gilro , Esquire Custody Con ' for h "Ik ti TAVIA J. ROMITO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. F. MICHAEL ROMITO DEFENDANT 04-5658 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 05, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 09, 2006 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 Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. GUro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 E :C !1":1 6° ."'D'O 9001 TAVIA J. ROMITO . Respondent/Plaintiff V. F. MICHAEL ROMITO Petitioner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 04-5658 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY TO THE HONORABLE M.L. EBERT, JR., JUDGE OF SAID COURT: AND NOW, this 8' day of November, 2006, comes the petition of F. Michael Romito, by and through his attorney, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and respectfully represents: 1. The Petitioner is F. Michael Romito, residing at 1307 Ritner Highway, Cumberland County, Pennsylvania, 17013. 2. The Respondent is Tavia J. Romito, who is believed to be residing at 4499 Route 49, Knoxville, Tioga County, Pennsylvania, 16928. 3. The subject minor child is Tobin Romito, born September 24, 2002, who is believed to be residing with his mother at the above-referenced address. 4. On or about January 23, 2006, This Honorable Court entered a Court Order for Custody. (A true and correct copy of the Order of Court is attached hereto as Exhibit A). 5. Respondent's obligations under This Court's Order have not, to date, been met in full. 6. This action has been brought under the prior divorce and custody action pursuant to Title 23, and is being filed contemporaneously with a Petition for Contempt. 7. Respondent/Mother has refused to allow Petitioner/Father contact with the child according to the prior Custody Order, dated January 23, 2006. 8. Respondent/Mother has advised Petitioner/Father on numerous occasions that she will only allow Petitioner/Father to see his son at her discretion. 9. The Respondent/Mother never advised Petitioner/Father that she was considering moving out of Cumberland County to Knoxville, Tioga County, Pennsylvania. 10. Respondent/Mother has not consulted with or obtained permission from Petitioner/Father to move to Knoxville, Tioga County with the minor child. 11. Respondent/Mother has not petitioned the Court or obtained an Order of Court allowing her to relocate to Knoxville, Tioga County with the minor child. 12. It is believed and therefore averred that Respondent/Mother intends to continue to reside in Knoxville, Tioga County, and has no intention to return to Cumberland County. 13. It is believed and therefore averred that Respondent/Mother moved out of Cumberland County to follow a boyfriend, Clyde DeHart, Jr. 14. It is believed and therefore averred that Clyde DeHart, Jr. has left the area due to the fact that he owes multiple individuals money and is evading making payment. 15. It is believed and therefore averred that Clyde DeHart, Jr. had physically restrained the child by grabbing him by the neck. 16. It is believed and therefore averred that Respondent/Mother's move to Knoxville, Tioga County, or another location outside of Cumberland County, is permanent and that the subject minor child is not expected to return to Carlisle, Cumberland County. 17. The above information is based on direct statements of the Respondent/Mother to Petitioner/Father. 18. This emergency petition is based upon Petitioner/Father's concern that Respondent/Mother is currently not abiding by the Court Order regarding custody for reasons including the following: a. Mother has been refusing Father contact with the child in direct violation of This Honorable Court's Order granting Father partial physical custody. (See Exhibit A). b. Mother is requiring that Father violate the Protection From Abuse Order, dated December 22, 2005, in which it states that exchanges of the child for custody purposes will take place at the parking lot at Lowe's in Carlisle, Pennsylvania, and demanding that Father pick up the child at the Wegman's parking lot in Williamsport. (A true and correct copy of the Order of Court is attached hereto as Exhibit B). WHEREFORE, Petitioner/Father requests This Honorable Court to direct the issuance of a Writ of Ne Exeat, directing the Respondent/Mother to return the child to this jurisdiction immediately and place the child in Father's custody, pending said hearing. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: I e IOU Michelle L. Sommer, Esquire Supreme Court I.D. #93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Respondent/Defendant TAVIA J. TOMITO IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNA V. NO. 04-5658 CIVIL TERM F. MICHAEL ROMITO . Petitioner/Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing PETITION FOR WRIT OF NE EXEAT are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. DATE: 0?• OF,, 20af- F. Michael Romito 490' ;l TAVIA J. ROMITO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V NO. 04-5658 CIVIL ACTION - LAW F. MICHAEL ROMITO,III, IN CUSTODY Defendant ORDER OF COURT AND NOW, this ?3(-J- day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Mother, Tavia J. Romito, and the Father, F. Michael Romito, III; shall enjoy shared legal custody of Tobin Michael Romito, born September 24, 2002. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Sunday from 11:00 a.m. to 6:00 p.m. B. On the Saturdays Mother is working from noon until 6:00 p.m. C. Every Tuesday when Mother is working 3:00 p.m. until 7:00 p.m. D. At such other times as the parties may agree 4. Legal counsel for the parties may contact the Custody Conciliator via phone call or letter to have another custody conciliation conference scheduled in the event either party desires to modify this Order. BY THE COUR'T': J Judge Cc: Jane Adams, Esquire Leslie Tomeo, Esquire TAVIA J. ROMITO, Plaintiff V F. MICHAEL ROMITO,III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL ACTION - LAW 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 child who are the subject of this litigation is as follows: Tobin Michael Romito, born September 24, 2002 2. A conciliation conference was held on January 19, 2006, with the following individuals in attendance: The Mother, Tavia J. Romito, with her counsel, Jane Adams, Esquire The Father, F. Michael Romito, III, with his counsel, Leslie Tomeo, Esquire 3. The parties agreed to an entry of an Order in the form at attached. Date: January 9 2006 Hubert X. Gilro , Esquire Custody Conc' ator . Tavia Jean Romito, Plaintiff V. Frank Michael Romito III, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA No. 05-6518 CIVIL ACTION - LAW ' PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Frank Michael Romito III Defendant's Date of Birth: August 24,1972 Defendant's Social Security Number: 171-56-8827 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Tavia Jean Romito January 3, 1979 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a common child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares biological parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. by Parties and/or Counsel: Plaintiff appeared personally and is represented by: Jessica C. EIolst, Esquire Defendant appeared personally and is wfirepresente4 b AND NOW, this 22nd Day of December, 2005 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. The following words were crossed out by the Judge Oler: Except for such contact with the minor child/ren as may be permitted under paragraph 3 of this Order 3. The following additional relief is granted as authorized by §6108 of the Act: - Non-harassing, non-threatening contact via telephone, USPS or through a third party regarding financial obligations, custody and/or visitation shall not be deemed a violation of this order. -Defendant shall not damage or destroy any property owned by both parties' or solely by the Plaintiff. l?e- ???an w r I { r-emcun OLA +l- hoq-a-- Vn A I JOY7 I J 1 90060 So -?'h Gunk F k Can Frye v? 1 6e.<<m JIA 0 A . Y I CLtn 1' 1 x/ C J r 1l l c?e? ?` ?o i -rn5 rL° rn vt d fkv- ka7yv aid. (Jrw? es? a Cory b .AYY)9 5 k, Dc??n,x, j , J ar_ Ad om s, !)e ?en n w,ll have ? 44 aAhj U )6d4. P;I ,jvn d u Gt fv ??rcee!?`?_??. `? C1??crn? cam,lI ????ce hl ?f? G`ruk?, ?1-),TV17h a 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Borough Police Department North Middleton Township Police Department Harrisburg City Police Department Silver Spring Township Police Department j Ia c e ?d l-,xf e"I +n C???I?sC? P> 5. All provisions of this order shall expire on: June 22, 2007 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 2 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of Cumberland County shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COZWeslev T ,F C- a' ?' # RECORD lr tnIE?1t fiy?? Oler Jr. twm of d rou PL 01 cill Date BY THE COURT Date J. Wesley Oler Jr., Judge Entered pursuant to the consent of Plaintiff and Defendant: 7 Tavia Jean.'Romito Date F. Michael Romito III, Plaintiff Defendant l?t ? 12 1 -2 ?ssica C. Holst, W ttorney for Plaintiff MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle PA 17013 Distribution to: Jessica C. Holst, Attorney for Plaintiff ffiq..[. ?Qah ,m&., Attorney for Defendant A Attorney for Defendant 2^w;s-- I Faxed and Mailed to PSP TAVIA J. ROMITO IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNA V. NO. 04-5658 CIVIL TERM F. MICHAEL ROMITO Petitioner/Defendant CIVIL ACTION-LAW IN CUSTODY AND NOW, this 8th day of November, 2006, I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR WRIT OF NE EXEAT upon counsel of record via fax, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 ABOM& KUTULA"s, L.L.P. Michelle L. Sommer, Esquire Attorney I.D No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner CD Cry r ?j f k? ` ?1 TAVIA J. ROMITO . Respondent/Plaintiff . V. F. MICHAEL ROMITO . Petitioner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 04-5658 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY TO THE HONORABLE M.L. EBERT, JR., JUDGE OF SAID COURT: AND NOW, this 8' day of November, 2006, comes the Petitioner, E Michael Romito, by and through his counsel, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS; L.L.P., and files this Petition for Contempt and in support thereof avers the following. 1. The Petitioner is E Michael Romito, residing at 1307 Ritner Highway, Cumberland County, Pennsylvania, 17013. 2. The Respondent is Tavia J. Romito, who is believed to be residing at 4499 Route 49, Knoxville, Tioga County, Pennsylvania, 16928. 3. On or about January 23, 2006, This Honorable Court entered a Court Order for Custody. (A true and correct copy of the Order of Court is attached hereto as Exhibit A). 4. Respondent/Mother's obligations under This Court's Order have not, to date, been met in full. 5. Respondent/Mother is in Contempt of Court for willfully failing to comply with the Order of Court dated January 23, 2006, in that: i. Respondent/Mother relocated to Knoxville, Tioga County, Pennsylvania, without the consent of the Petitioner/Father; ii. Respondent/Mother has only allowed Petitioner/Father to have contact with the child on one (1) occasion since August 2006, in direct violation of This Court's Order; and, iii. Respondent/Mother is requiring the Petitioner/Father to meet at a Wegman's parking lot in Williamsport, Pennsylvania, which is a direct violation of the Protection from Abuse Order stating that all custody exchanges are to take place at the Lowe's parking lot in Carlisle. (A true and correct copy of the Order of Court is attached hereto as Exhibit B)- 6. It is in the best interest of the child to have routine contact with his Father, as provided by This Honorable Court. 7. It is in the best interest of the child to be in the custody of his Father where he will have a stable home he is familiar with. 8. It is in the best interest of the child to not be removed from the jurisdiction of This Court without Petitioner/Father's consent. 9. Respondent/Mother has had the ability to comply with the relevant provisions of the Order of Court but has willfully failed to do so. 10. Respondent/Mother's breach of the terms of the Agreement is the sole reason Petitioner/Father had to file this petition for enforcement. 11. Petitioner/Father has incurred attorney's fees and costs in connection with the preparation and pursuit of this petition and Respondent/Mother should be held responsible for said costs. 12. A conciliation conference on Petitioner/Father's previously filed Motion to Modify Custody is scheduled for November 9, 2006, at 9:30 a.m., and Petitioner/Father is requesting that the within contempt allegations be heard at the same time. WHEREFORE, Petitioner/Father respectfully requests that this Honorable Court enter an Order finding Respondent/Mother in Contempt of Court, direct Respondent/Mother to immediately comply with This Honorable Court's Order, and grant Petitioner/Father temporary primary physical custody pending further hearing, plus pay Petitioner/Father's counsel fees and costs. Respectfully submitted, & KUTULAKIS, L.L.P. Date: (I 19' LXP Michelle L. Sorrtmer, Esquire Supreme Court I.D. #93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Pe,6 oner TAVIA J. TOMITO IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNA V. NO. 04-5658 CIVIL TERM E MICHAEL ROMITO Petitioner/Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing PETITION FOR CONTEMPT are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. 61 DATE: l vay a C ?. Michael Romito TAVIA J. ROMITO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 04-5658 CIVIL ACTION - LAW F. MICHAEL ROMITO,III, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this U-J day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tavia J. Romito, and the Father, F. Michael Rornito; III, shall enjoy shared legal custody of Tobin Michael Romito, born September 24, 2002. 2. The Mother shall enjoy primary physical custody of the minor- child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Sunday from 11:00 a.m. to 6:00 p.m. B. On the Saturdays Mother is working from noon until 6:00 p.m. C. Every Tuesday when Mother is working 3:00 p.m. until 7:00 p.m. D. At such other times as the parties may agree 4. Legal counsel for the parties may contact the Custody. Conciliator via phone call or letter to have another custody conciliation conference scheduled in the event either party desires to modify this Order. BY THE COURT: hj_ Judge a. Cc: Jane Adams, Esquire Leslie Tomeo, Esquire TAVIA J. ROMITO, Plaintiff V F. MICHAEL ROMITO,III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL ACTION - LAW 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 child who are the subject of this litigation is as follows: Tobin Michael Romito, born September 24, 2002 2. A conciliation conference was held on January 19, 2006, with the following individuals in attendance: The Mother, Tavia J. Romito, with her counsel, Jane Adams, Esquire _ The Father, F. Michael Romito, III, with his counsel, Leslie Tomeo, Esquire 3. The parties agreed to an entry of an Order in the form at attached. Date: January 9 2006 6?- N Hubert X. Gilro , Esquire Custody Conc' ator Tavia Jean Romito, : IN THE COURT OF COMMON Plaintiff : PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. Frank Michael Romito III, : No. 05-6518 Defendant : ' CIVIL ACTION - LAW ' PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Frank Michael Romito III Defendant's Date of Birth: August 24,1972 Defendant's Social Security Number: 171-56-8827 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Tavia Jean Romito January 3, 1979 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a common child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ) sibling (person who shares biological parenthood) of Defendant [ ) current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or. Counsel: • Plaintiff appeared personally and is represented by: Jessica C. Holst, Esquire •' Defendant appeared personally and is wfirepresentedo b? 0 AND NOW, this 22nd Day of December, 2005 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. The following words were crossed out by the Judge Oler: Except for such contact with the minor children as may be permitted under paragraph 3 of this Order 3. The following additional relief is granted as authorized by §6108 of the Act: - Non-harassing, non-threatening contact via telephone, LISPS or through a third party regarding financial obligations, custody and/or visitation shall not be deemed a violation of this order. -Defendant shall not damage or destroy any property owned by both parties' or solely by the Plaintiff. - tie-r?jGan ?? I ( to mrun ova -!? harm- v?? ?ar,.?? ?, a0C(i? 1cc7C ??Cunh?? C0. I^27Y !?? ('?f_?m?{lric,A, Y?CUn ?i (.,1?l? i("y7 a- QOG ??ef,.,•?5 rern,,AC4. Rum fl-LL kowlo Gtnd. /DNv,?t a e-q ?J+wie)?c, Cc,?'?x ,Jane. /?Ums, 25 1111c. Vie- en Lan w? ll h A oe t_i ,?• de of a? hc?P ucSlGc ?, f Un c?a V Un{1/. Ael' Grk ?h, h A 4e-Sf ?y ?•vc?e??:??. `xCl?ttn?? J. / I ;?Zti?r? /°/uc.e ?,t 4. A certified copy of this Order shall be provided to the police department where ,qc A Plaintiff resides and any other agency specified hereafter: ?n SC? J Carlisle Borough Police Department North Middleton Township Police Department Harrisburg City Police Department Silver Spring Township Police Department 5. All provisions of this order shall expire on: June 22, 2007 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 2 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of Cumberland County shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COUR . T RUE COPY FROM RECORD `-- Rqr lum Wesley Oler Jr. 0 1 d Cam„ AL t. --_ Ir Date BY THE COURT Date J. Wesley Oler Jr., Judge Entered pursuant to the consent of Plaintiff and Defendant: Tavia Je 'Romito Date F. Michael Romito HI, Plaintiff Defendant o?b-2 /.? 1) .-1 tssica C. Holst, Attorney for Plaintiff MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle PA 17013 c vL A oAe?y !G- Attorney for Defendant Distribution to: Jessica C. Holst, Attorney for Plaintiff I(q *4 R o4:wa, Attorney for Defendant Faxed and Mailed to PSP 120w' TAVIA J. ROMITO IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 04-5658 CIVIL TERM E MICHAEL ROMITO Petitioner/Defendant CIVIL ACTION-LAW IN CUSTODY AND NOW this 8`h day of November, 2006, I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT upon counsel of record via fax, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 ABom & KuTuLA Ts, L.L.P. Michelle L. Sommer, Esquire Attorney I.D No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner g- o 00 90 J 9n T - s r- co 1 j ?r? r % TAVIA J. ROMITO, Plaintiff v F. MICHAEL ROMITO, Defendant NOV 15 2006 IN THE COURT OF COMMON PLEAS OF PO CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5658 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this r? day of November, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's Order of January 23, 2006 is ratified relative to the shared legal custody arrangement and the primary custody arrangement but modified as follows: 1. The Father, F. Michael Romito, shall enjoy physical custody of Tobin Michael Romito, born September 24, 2002, on alternating weekends from Friday at noon until Monday at noon. 2. Under this schedule, the Mother shall have custody of the minor child for Thanksgiving of 2006. 3. For the Christmas holiday, the alternating weekend schedule set forth above shall apply but Father's period of custody with the minor child shall end on Monday morning at 10:00 a.m. 4. Mother shall handle transportation for exchange of custody and Mother shall deliver the child to the Father's home or pick the child up from the Father's home as required under the schedule set forth above. 5. As it relates to the parties having contact with each other or the Mother being at Father's premises for exchange of custody, this Order shall supercede the Protection from Abuse Order entered at Docket No. 2005-6518 of Cumberland County 6. The alternating weekend schedule shall continue until further Order of this Court or agreement of the parties in writing. 7. Father's Petition to hold Mother in contempt and Father's Petition for Writ of Ne Exeat are continued generally and may be raised at a later time in the event a hearing on the primary custody issue is necessary in this case. 8. The parties will meet again with the Custody Conciliator for a conference on Monday, January 22, 2007 at 2:00 p.m. BY THE COURT: M. L. Ebert, Jr., Judge Cc: Jane Adams, Esquire Michelle Sommer, Esquire 1 %q; nt r 0 1 :01 HV 91 AON 9GUZ 1,,- 11 f . NOV 1 5 2006 TAVIA J. ROMITO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 04-5658 CIVIL ACTION - LAW F. MICHAEL ROMITO, IN CUSTODY Defendant Prior Judge: The Honorable M. L. Ebert, Jr. 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 child who is the subject of this litigation is as follows: Tobin Michael Romito, born September 24, 2002 2. A conciliation conference was held on November 9, 2006, with the following individuals in attendance: The Mother, Tavia J. Romito, with her counsel, Jane Adams, Esquire The Father, F. Michael Romito, with his counsel, Michelle Sommer, Esquire 3. Based upon the recommendation of the Conciliator, the parties agreed to an entry of an Order in the form as attached. Date: November `0 , 2006 Hubert X. Gilroy squire Custody Concilifor 11-15-'06 16:57 FROM-ROMIl TAVIA J. ROMITO Plaintiff V. F. MICHAEL ROMTTO . Defendant GER & WBARE 7172416878 T-319 P002/002 F-646 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5659 CIVIL. ACTION-LAW IN CUSTODY P&ALWE TO WITHDRAW AIPEARANCE Plem withdraw my appearance on behalf of the Defendant, F. Michael Rormto, in the above-eaptioned action. ROMINGER & WHARF Date ? w R Karl E. Rominger, Esquire 1$5 South Hanover Street Carlisle, PA 17013 (717) 241-6070 PRAECIPE FOR ENTRY OF APPEARANCE Pl.me enter my appearance vin behalf of the Defendant, F. Michael. Romito, in the above-captioned action ABOM & RUT ULAKZS, LLP Date J OLJ Michelle L. Somme .squire 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ID #93034 ? _ ?? ` '? .:> >y ?i T, ??` '?r' ?:: .: 6` t -w. r?i ?'` -T3 ?• s ?? ? ??? s ?? MAR 0 6 2007 R? ` TAVIA J. ROMITO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v F. MICHAEL ROMITO, Defendant NO. 04-5658 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this &14- day of March, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Courthouse on the 14-+ day of Su-,-Q- , 2007 at I d : 3e A.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the custody provisions as set forth in this Court's prior November 16, 2006 Order shall remain in effect. BY THE COURT: -S4 -?, ?,A \/ M. L. Ebert, Jr., Judge Cc: X-ne Adams, Esquire ichelle Sommer, Esquire F. ?FILES\DATAFILE\Genaral\Cuncnt\I23_I?Romito v Romito Report and0 _A 1 TAVIA J. ROMITO, Plaintiff v F. MICHAEL ROMITO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL ACTION - LAW : IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. 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 Conciliator conducted a telephone conference with the attorneys for the parties on March 1, 2007. This telephone conference was a follow-up from the prior conciliation which took place in November 2006. 2. The parties are still unable to reach an agreement upon a permanent Order. Father is upset with the fact that mother relocated out of the Carlisle area suggesting she needed to go to school. However, it has apparently come to light since the date of relocation that the mother has not, in fact, attended any classes. The father is essentially of the opinion that the mother had no real basis to relocate and he either wants her to return to the Carlisle area or the father is seeking primary physical custody of the minor child. 3. The parties are unable to reach an agreement and a hearing is necessary. The Conciliator recommends an Order in the form as attached. Date: March 5, 2007 Hubert X. Gilr , Esquire Custody Conciliator TAVIA J. ROMITO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 04 - 5658 Civil Term F. MICHAEL ROMITO, III : IN CUSTODY Defendant MOTION FOR !CONTINUANCE AND NOW comes the Plaintiff/Petitioners Tavia J. Romito, by and through her attorney, Jane Adams, and respectfully representsll? the following: 1. Plaintiff is Tavia J. Romito, (hereinafter referred to as "Mother"). 2. Defendant is F. Michael Romito, III, (hereinafter referred to as "Father"); he is represented by Michelle Sommer, Esquire. 3. The parties are the natural parents of one child, namely, Tobin Michael Romito, born, September 24, 2002. 5. The most recent custody Order was entered on November 16, 2006. 6. A custody hearing was scheduled for June 1, 2007 at 10:30 a.m. before Judge M.L. Ebert, Jr. 7. Mother is requesting that the hearing scheduled before this Honorable Court be continued until a later date due to the parties having reached an interim agreement. 8. No prior continuances regarding this hearing have been requested. 9. Opposing counsel, Michelle Sommer, was contacted regarding this request, and was provided a copy of the Motion and proposed Order and has indicated that she would not oppose the Motion. 10. The proposed Order provides expanded periods of physical custody for Father for the Summer months. WHEREFORE, Plaintiff, Tavia J. Romito'h respectfully requests that this Honorable Court grant her Motion and enter the attached Order. Date: '?- 3 /'s Respectfully submitted, Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER TAVIA J. ROMITO e Adams, Esquire I . No. 79465 4 South Pitt St. CERTIFICATE OF SERVICE AND NOW, this May 34, 2007, I, Jane Adams, Attorney for Mother, Tavia J. Romito, hereby certified that a copy of Mother's MOTION, FOR CONTINUANCE has been duly served upon the Father's Counsel by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Michelle Sommer, Esquire 36 South Hanover St. Carlisle, Pa. 17013 ATTORNEY FOR FATHER J Adams, Esquire I.V. No. 79465 4 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER e? C7 ti " ON *pr s 120W e? 16. TAVIA J. ROMITO, V. Plaintiff F. MICHAEL ROMITO, III Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 5658 Civil Term : IN CUSTODY ORDER OF COURT AND NOW, this I SI day of -svA4 , 2007, it is hereby ORDERED and DECREED: 1. The hearing scheduled for Friday, June 1St, 2007, in the above-captioned matter in Courtroom No. 5, of the Cumberland County Courthouse, shall be rescheduled for the S 14-- Day of L?> a&e ' , 2007. CZ q.'DD A -Al - 2. The Mother, Tavia J. Romito, and the Father, F. Michael Romito, III, shall at all times continue to share legal custody of their child, Tobin Michael Romito, date of birth, September 24, 2002; 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. 3. The prior Order of November 16, 2006, shall be modified by reference hereto to include the following: a. Beginning Monday, June 4`h, 2007, and continuing on through Labor Day, 2007, the parties shall share physical custody of the child on an alternating weekly basis. Father shall have custody of the child on the first week, starting Monday, June 4', 2007, and the parties shall continue to alternate periods of custody every Monday at 12:00 noon thereafter, through September 3`d, 2007, when Mother shall receive custody and the parties shall follow the schedule provided in the prior Order of November 16, 2006. 'd1NWASNN3d ffVie' vt/yfo H? AUV ONOt iC,14rtd 3HI JO b. If not already scheduled, Father shall have a period of physical custody with the child on Father's Day from 9:00 a.m. through 6:00 p.m. and Mother shall have a period of physical custody with the child on Mother's Day from 9:00 a.m. through 6:00 p.m. c. For custody exchanges, the receiving party shall pick up the child at the other parent's residence. While the parties are observing the alternating week schedule, the receiving party shall pick up the child on Monday at noon. d. Each party shall provide their current telephone number and address and allow the other parent to have reasonable telephone contact with the child, to consist of several telephone calls per week, when the child is in their custody. 4. This Order is entered pursuant to an agreement of the parties. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order and the prior Order shall control. cc: Jane Adams, Esquire T c.1a.c.?o ?r??--?-Q,?r G ? 1- D? Michelle Sommer, Esquire I 1 % TAVIA JEAN ROMITO, Plaintiff V. FRANK MICHAEL ROMITO, III,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5658 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 5th day of October, 2007, after beginning the hearing in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the case is generally continued. Ccunsel are directed to contact my staff in order to arrange for another hearing date to conclude the hearing. Both counsel will advise the Court with regard to the completion of a custody evaluation in this case to include evaluation of any school district where this child would anticipate attending for the school year 2008/2009. IT IS FURTHER ORDERED AND DIRECTED upon consideration of the testimony to date that transportation in this case shall be divided equally between the parties in the same manner in which it was conducted during the summer months; that is, that the relinquishing party shall provide transportation. 11_? ` ? M. L. Ebert, Jr., By the Court, Z 1 .01 WV Z 1 130 t00Z A8VIONOHIOdd 3HI. JD 30i" 0--091H Xane Adams, Esquire For the Plaintiff Xchelle L. Sommer, Esquire For the Defendant lfh Alom & u ULAKIS Michelle L Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 TAVIA J. ROMITO Plaintiff V. F. MICHAEL ROMITO Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE M.L. EBERT, JR., JUDGE OF SAID COURT: MOTION TO WITHDRAW A COUNSEL AND NOW, comes the Petitioner, Michelle L. Sommer, Esquire, counsel for Defendant, F. Michael Romito, and files the within Motion and in support thereof avers as follows: 1. The Defendant, Frank Michael Romito, III, is represented by and through his counsel, Michelle L. Sommer, Esquire of Abom & Kutulakis, L.L.P. 2. The Plaintiff, Tavia Jean Romito, is represented by and through her counsel, Jane Adams, Esquire. 3. A Complaint for Custody was filed by the Plaintiff, Tavia J. Romito, by and through her counsel on November 10, 2004. (A copy of the Complaint is attached hereto as Exhibit "A".) 4. A Conciliation Conference was scheduled for Friday, December 17, 2004, before Conciliator Hubert X. Gilroy, Esquire. (A copy of the Order dated December 2, 2004, is attached hereto as Exhibit `B".) 5. The Conciliation Conference was held on January 19, 2006. At that time Father, F. Michael Romito, III, was represented by Rominger & Whare. His counsel at that conciliation conference was Leslie Tomeo, Esquire. An Order of Court dated January 23, 2006, was entered in which both Mother and Father were awarded shared legal custody of the minor child. (A copy of the Order of Court dated January 23, 2006, is attached hereto as Exhibit "C".) 6. At the Conciliation Conference Mother was given primary physical custody and Father was given periods of temporary physical custody. 7. On September 27, 2006, the Defendant's former counsel, Carl Rominger, Esquire, filed a Petition to Modify Custody on behalf of the Defendant. (A copy of the Petition to Modify is attached hereto as Exhibit "D".) 8. The Conciliation was scheduled for November 9, 2006, based on that Petition to Modify Custody. (A copy of the Order dated October 5, 2006, is attached hereto as Exhibit "E".) 9. Undersigned counsel entered her appearance on November 8, 2006 and Carl Rominger, Esquire withdrew his appearance on November 15, 2006. However, it was not filed with the Prothonotary until November 17, 2006. (A copy of the Praecipe is attached hereto as Exhibit «F".) 10. Undersigned counsel petitioned for Writ of Ne Exeat on November 8, 2006, requesting that the Plaintiff return the child to the Cumberland County jurisdiction immediately and place the child in Father's custody pending a hearing on the matter. (A copy of the Petition for Writ of Ne Exeat is attached hereto as Exhibit IV%) 11. Simultaneously with filing the Petition for Writ of Ne Exeat a Petition for Contempt was filed against Mother for failing to abide by the November 2006, Custody Order of Court. (A copy of the Petition for Contempt is attached hereto as Exhibit "H".) 12. The Conciliation Conference was held on November 9, 2006. At that time it was determined that Father's Petition for Ne Exeat and Petition for Contempt were continued generally and would be raised at a later time at a hearing if the primary custody issue was necessary. It was determined at that time that Father would enjoy increased periods of physical custody with the minor child and was awarded alternating weekends. A follow-up conciliation was scheduled for January 22, 2007. (A copy of the November 16, 2006, Order of Court is attached hereto as Exhibit "I".) 13. A telephone conference was conducted on March 1, 2007. Since the parties were unable to reach a permanent order and due to the fact that Father was still unhappy that Mother relocated out of the Carlisle area, a custody trial was scheduled for June 1, 2007, before The Honorable M. L. Ebert, Jr. (A copy of the March 6, 2007 Order of Court is attached hereto as Exhibit "J".) 14. The trial was rescheduled until October 2007. An Order of Court was issued on October 5, 2007, directing that the parties complete a custody evaluation in the case which was also to include an evaluation on the school district in which Mother was living in as well as where the Father was currently living in. (A copy of the October 5, 2007, Order of Court is attached hereto as Exhibit "K".) 15. Neither Plaintiff nor Defendant participated in the custody evaluation and contacted Interworks as was required by the October 5, 2007, Order of Court. 16. Undersigned counsel contacted Defendant multiple times to advise him that he needed to comply with the October 5, 2007, Order of Court and instructing him that he needed to contact Interworks and schedule the custody evaluation in order to begin this process so custody could be determined as well as a decision could be made where the minor child would attend school. However, no contact with Interworks was made by either the Plaintiff or the Defendant. 17. My last correspondence with the Defendant was in March 2008, in which I enclosed a copy of the e-mail which I received from Judge Ebert's secretary informing him that the case was being continued generally due to the fact that both he and the Plaintiff never contacted Interworks to schedule the custody evaluation as was required by the 2007 Court Order. (A copy of the March 18, 2008 letter is attached hereto as Exhibit "L".) 18. Undersigned Counsel did not receive a response back from the Defendant based upon the March 18, 2008 notifying him that his case would be continued generally. 19. In July 7, 2008, the Defendant attempted to contact undersigned counsel; unfortunately undersigned counsel was unavailable and Attorney Kara Haggerty spoke with him regarding an emergency situation on relocation by the Plaintiff from Tioga County, Pennsylvania to Dover, Delaware without the Defendant's consent or knowledge. 20. The Defendant was advised to contact Interworks and follow through with the October 2007, Order of Court directing him to complete a custody evaluation which would include an evaluation on the school districts the Child. 21. The Defendant was given this advice due to the fact that both parties where in contempt for failing to not follow through with the previous October 2007 Order of Court. 22. Prior to his July 2008 payment, Defendant had a sizeable outstanding balance in excess of $1,800.00 with the Law Firm and had not made a payment since October 2007. 23. As of the filing of this Petition to Withdraw, according to Interworks, the Defendant has failed to appear for the appointment he had previously scheduled nor has he called their office to reschedule that appointment to begin the custody evaluation process. (A copy of the November 6, 2008, Custody Assessment is attached hereto as Exhibit "M".) 24. Undersigned counsel has contacted Plaintiffs counsel, Jane Adams, Esquire who has indicated she does not oppose the filing of this Motion. WHERERFORE, undersigned counsel respectfully requests this Honorable Court grant her request to withdraw as counsel in this matter. Date hI G IlR Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Michelle L. Sommer squire 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 TAVIA J. ROMITO, : IN THE COURT OF COMMON PLEAS C'> ± Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI V. : No. - .:.. Civil Term F. MICHAEL ROMITO, III : IN CUSTODY Defendant ...-- w PETITION FOR CUSTODY 1. Plaintiff is Tavia J. Romito, who currently resides at 30 E. Slate Hill Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2.. Defendant is F. Michael Romito, also known as Mike Romito, who currently resides at 300 E. Street, Carlisle, Pa. 17013. 3. Plaintiff seeks an order confirming her pri mary custody of the following child: NAME DOB ADDRESS Tobin Michael Romito The child was born in wedlock. Father and mother currently share legal custody of the child and Mother has been the primary caretaker of the child since birth. September 24, 2002 300 E. Street, Carlisle, Pa. 17013 During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Mike and Tavia Romito Tavia Romito Sherry and Jim Morrison (Maternal grandparents) Davin Waugaman (uncle) Jennifer West (uncle's fiance) 300 E. Street Carlisle, Pa. 17013 30 E. Slate Hill Road Carlisle, Pa. 17013 birth to 11-9-04. 11-9-04 to present 0.,y 19I° ((yy?etw S of tat th' 'day of EXHBIT €- ; A The mother of the child is: Tavia Romito, currently living at 30 Slate Hill Road, Carlisle, Cumberland County, Pennsylvania. She is married to Mike Romito. The father of the children is: Mike Romito, currently residing at: 300 E. Street, Carlisle, Cumberland County, Pennsylvania. He is married to: Tavia Romito. 4. The relationship of plaintiff to the children is that of MOTHER. The persons that the Plaintiff currently resides with her are: the child, her parents, her brother, and her brother's finance. The relationship of defendant to the children is that of FATHER. The defendant currently resides alone. 6. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Mother has been the primary caretaker of the child since birth and believes she would be in the best position to continue caring for the child 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. child. WHEREFORE, Plaintiff requests the court to grant and order regarding custody of the . Respectfully submitted, Date: ?1-v Adams, Esquire No. 79465 3 South Pitt Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ( ( 10 -0\-j Tavia J. Ro ito, Plaintiff TAVIA J. ROMITO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. F. MICHAEL ROMITO, III 04-5658 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 17, 2004 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 are 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/ Hubert X. Gilroy, Esg mhc --- ----------- 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) 249.166 , y awl tilil.-', ?Gi ......, .... E UHBIT TAVIA J. ROMITO, Plaintiff v F. MICHAEL ROMITO,III, Defendant pq-?o ?? h1 ?; n l?iU6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5658 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this _?3(-J day of January, 2006, upon consi ?', derataon of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tavia J. Romito, and the Father, F. Michael Romito, III, shall enjoy shared legal custody of Tobin Michael Romito, born September 24, 2002. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Sunday from 11:00 a.m. to 6:00 p.m. B. On the Saturdays Mother is working from noon until 6:00 p.m. C. Every Tuesday when Mother is working 3:00 p.m. until 7:00 p.m. D. At such other times as the parties may agree 4. Legal counsel for the parties may contact the Custody Conciliator via phone call or letter to have another custody conciliation conference scheduled in the event either party desires to modify this Order. BY THE COURT: k) Judge Cc: Jane Adams, Esquire Leslie Tomeo, Esquire TAVIA J. ROMITO, Plaintiff v F. MICHAEL ROMITO,III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL ACTION - LAW 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 child who are the subject of this litigation is as follows: Tobin Michael Romito, born September 24, 2002 2. A conciliation conference was held on January 19, 2006, with the following individuals in attendance: The Mother, Tavia J. Romito, with her counsel, Jane Adams, Esquire The Father, F. Michael Romito, III, with his counsel, Leslie Tomeo, Esquire 3. The parties agreed to an entry of an Order in the form at attached. Date: January , 2006 Hubert X. Gilro , Esquire Custody Conc' for TAVIA J. ROMITO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 04-5658 CIVIL ACTION - LAW F. MICHAEL ROMITO, : C--TI Defendant IN CUSTODY rv ?' C. PETITION TO MODIFY CUSTODY 1. Petitioner is F. Michael Romito, who resides at 1386 West Trindle Road, Carlsfe n Cumberland County, Pennsylvania 17013. co < 2. Respondent is Tavia J. Romito, who resides at 30 E. Slate Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On January 23, 2006, the Honorable M.L. Ebert entered a Custody Order attached as Exhibit "All. 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Respondent has moved across the state to Potter County. 5. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: 1. Father, F. Michael Romito, and Mother, Tavia J. Romito, shall have joint custody of the minor child, with the following schedule: a) Father shall have primary, physical custody of the minor child. Mother shall have the child on alternating weekends. EXI-TIIBIT 1J 2. Alternatively, mother must show that she meets the standard set forth in Gruber v. Gruber, 400 Pa. Super. 174 (1990) in a Plowman hearing or be forced to remain in Pennsylvania with the minor child. Date:'. Respectfully submitted, ROMINGER & WHARE Imo, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant/Petitioner TAVIA J. ROMTO, Plaintiff V. F. MICHAEL ROMITO, Defendant IN THE COURT 'COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-5658 CIVIL ACTION - LAW IN CUSTODY VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: .'27 F. Michael Romito, Defendant/Petitioner TAVIA J. ROMITO, Plaintiff V. F. MICHAEL ROMITO, Defendant IN THE COUR1 -IF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-5658 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant/Petitioner do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, Pa 17013 Dated: >,?" J f Karl E. Rominger Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant/Petitioner TAVIA J. ROMITO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. F. MICHAEL ROMITO DEFENDANT 04-5658 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 05, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 09, 2006 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 Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: !s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 TRUE COPY FROM Telephone (717) 249-316 fn '? RECORD fh Testimony ?fh r ': unto set m h and the seal of sa This ........?...... day EXHIBIT TAVIA J. ROMITO, Plaintiff V. F. MICHAEL ROMITO, Defendant IN THE COURT' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-5658 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, the day of 2006, upon consideration of the Petition to Modify Custody, it is ORDERED that: 1. Father, F. Michael Romito, and Mother, Tavia J. Romito, shall have joint custody of the minor child, with the following schedule: a) Father shall have primary, physical custody of the minor child with reasonable visitation to Mother. 2. Alternatively, mother must show that she meets the standard set forth in Gruber v. Gruber, 400 Pa. Super. 174 (1990) in a Plowman hearing or be forced to remain in Pennsylvania with the minor child. By the Court: J. Distribution: Jane Adams, Esquire Karl E. Rominger, Esquire 11-15-'06 16;57 FROM-ROMINGEE & WBABE 7172416875 T-319 P002/002 F-646 TAVCA J. BONITO IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5658 CIVIL ACTION-LAW F. MICHAEL ROMITO Defendant IN CUSTODY PRAFCIPE TO WH'FIDRAW At'pEAgANCE -please withdraw my appearance on behalf of the Defendant, R Michael Roma t,?" in the above-captioned action. ROMIIvGER & WHARE Date4 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 P CIPE FOR OF A,ppE CE Please enter my appearance 6n behalf of the Defendant, F. Michael. Romito, in the above-captioned action. A130M & KUTULAKIS, LLP Date Michelle L. Somme wire 36 South Hanover Street Carlisle. PA 17013 (717) 249-0900 ID *93034. -j? _.r r 1 -7 LFE)CFHBIT TAVIA J. ROMITO IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNA V. NO. 04-5658 CIVIL TERM F. MICHAEL ROMITO Petitioner/Defendant ` l CIVIL ACTION-LAW •?? ?+ IN CUSTODY TO THE HONORABLE M.L. EBERT, JR., JUDGE OF SAID COURT:, 5..,1 PE`_ TTTTON FOR WRIT OF NF 'a AT ={ - a AND NOW, this 8th day of November, 2006, comes the petition of F. Michael Romito, by and through his attorney, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and respectfully represents: 1. The Petitioner is F. Michael Romito, residing at 1307 Ritner Highway, Cumberland County, Pennsylvania, 17013. 2. The Respondent is Tavia J. Romito, who is believed to be residing at 4499 Route 49, Knoxville, Tioga County, Pennsylvania, 16928. 3. The subject minor child is Tobin Romito, born September 24, 2002, who is believed to be residing with his mother at the above-referenced address. 4. On or about January 23, 2006, This Honorable Court entered a Court Order for Custody. (A true and correct copy of the Order of Court is attached hereto as Exhibit A). 5. Respondent's obligations under This Court's Order have not, to date, been met in full. EXHIBIT F 6. This action has been brought under the prior divorce and custody action pursuant to Title 23, and is being filed contemporaneously with a Petition for Contempt. 7. Respondent/Mother has refused to allow Petitioner/Father contact with the child according to the prior Custody Order, dated January 23, 2006. 8. Respondent/Mother has advised Petitioner/Father on numerous occasions that she will only allow Petitioner/Father to see his son at her discretion. 9. The Respondent/Mother never advised Petitioner/Father that she was considering moving out of Cumberland County to Knoxville, Tioga County, Pennsylvania. 10. Respondent/Mother has not consulted with or obtained permission from Petitioner/Father to move to Knoxville, Tioga County with the minor child. 11. Respondent/Mother has not petitioned the Court or obtained an Order of Court allowing her to relocate to Knoxville, Tioga County with the minor child. 12. It is believed and therefore averred that Respondent/Mother intends to continue to reside in Knoxville, Tioga County, and has no intention to return to Cumberland County. 13. It is believed and therefore averred that Respondent/Mother moved out of Cumberland County to follow a boyfriend, Clyde DeHart, Jr. 14. It is believed and therefore averred that Clyde DeHart, Jr. has left the area due to the fact that he owes multiple individuals money and is evading making payment. 15. It is believed and therefore averred that Clyde DeHart, Jr. had physically restrained the child by grabbing him by the neck. 16. It is believed and therefore averred that Respondent/Mother's move to Knoxville, Tioga County, or another location outside of Cumberland County, is permanent and that the subject minor child is not expected to return to Carlisle, Cumberland County. 17. The above information is based on direct statements of the Respondent/Mother to Petitioner/Father. 18. This emergency petition is based upon Petitioner/Father's concern that Respondent/Mother is currently not abiding by the Court Order regarding custody for reasons including the following. a. Mother has been refusing Father contact with the child in direct violation of This Honorable Court's Order granting Father partial physical custody. (See Exhibit A). b. Mother is requiring that Father violate the Protection From Abuse Order, dated December 22, 2005, in which it states that exchanges of the child for custody purposes will take place at the parking lot at Lowe's in Carlisle, Pennsylvania, and demanding that Father pick up the child at the Wegman's parking lot in Williamsport. (A true and correct copy of the Order of Court is attached hereto as Exhibit B). WHEREFORE, Petitioner/Father requests This Honorable Court to direct the issuance of a Writ of Ne Exeat, directing the Respondent/Mother to return the child to this jurisdiction immediately and place the child in Father's custody, pending said hearing. Respectfully submitted, ABOM& KUTULAKIS, L.L.P. ?/Ml AM I Date: j Michelle L. Sommer, Esquire Supreme Court I.D. #93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 .Attorney for Respondent/Defendant TAVIA J. TOMITO IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNA V. NO. 04-5658 CIVIL TERM F. MICHAEL ROMITO Petitioner/Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing PETITION FOR WRIT OF NE EXEAT are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. 54904, relating to unsworn falsifications to authorities. DATE: 200 F. Michael Romito TAVIA J. ROMITO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 04-5658 CIVIL ACTION - LAW F. MICHAEL ROMITO,III, Defendant IN CUSTODY ORDER OF COURT AND NOW, this (J- day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, T avia J. Romito, and the Father, F. 1%.lic-hael Romito; III; shall enjoy shared legal custody of Tobin Michael Romito, born September 24, 2002. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Sunday from 11:00 a.m. to 6:00 p.m. B. On the Saturdays Mother is working from noon until 6:00 p.m. C. Every Tuesday when Mother is working 3:00 p.m. until 7:00 p.m. D. At such other times as the parties may agree 4. Legal counsel for the parties may contact the Custody. Conciliator via phone call or letter to have another custody conciliation conference scheduled in the event either party desires to modify this Order. BY THE COURT: l ?J Leh ? I Judge Cc: Jane Adams, Esquire Leslie Tomeo, Esquire Exx181T TAVIA J. ROMITO, Plaintiff v F. MICHAEL ROMITO,III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL ACTION - LAW 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 child who are the subject of this litigation is as follows: Tobin Michael Romito, born September 24, 2002 2. A conciliation conference was held on January 19, 2006, with the following individuals in attendance: The Mother, Tavia J. Romito, with her counsel, Jane Adams, Esquire The Father, F. Michael Romito, III, with his counsel, Leslie Tomeo, Esquire 3. The parties agreed to an entry of an Order in the form at attached. Date: January 2006 Hubert X. Gilro , Esquire Custody Cone' ator Tavia Jean Romito, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA V. Frank Michael Romito III, Defendant No. 05-6518 CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Frank Michael Romito III Defendant's Date of Birth: August 24,1972 Defendant's Social Security Number: 171-56-8827 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Tavia Jean Romito January 3, 1979 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a common child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares biological parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. EXHIBIT .,B ces by Parties and/or Counsel: • Plaintiff appeared personally and is represented by: Jessica C. Holst, Esquire • Defendant appeared personally and is mfirepresented* bj AND NOW, this 22nd Day of December, 2005 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stallc, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. The following words were crossed out by the Judge Oler: Except for such contact with the minor child/ren as may be permitted under paragraph 3 of this Order 3. The following additional relief is granted as authorized by §6108 of the Act: - Non-harassing, non-threatening contact via telephone, USPS or through a third party regarding financial obligations, custody and/or visitation shall not be deemed a violation of this order. -Defendant shall not damage or destroy any property owned by both parties' or solely by the Plaintiff. De-_oJc , Co i l I re- maun oLA q Ift"e- ho-m- v? l ,}ar?r tzfI? l , a 00(p f co-^ I'L {YtF/J? 6, P ICLA 11 h} /- (.J r /] 50 th "i f l "k a- 00c 1 .1,5 remevtc Pevm -Ilv_ kaw, &?JJ aid prw, ? a 0070 y dune), 044UYA4t), Jana AdOlmS, fszurR. e t2 n a if f ui. /I have ;o c% of ?Gi? h6c Y e u5/? vn C?(?c?? ?vm ?f j9 M LMhl Grdi,. Ylwvv? h 4. A certified copy of this OrZer shall be provided to the police department where roct4 wn 10t Plaintiff resides and any other agency specified hereafter: 1! ?? I n C01- f$l? Carlisle Borough Police Department North Middleton Township Police Department Harrisburg City Police Department Silver Spring Township Police Department 5. All provisions of this order shall expire on: June 22, 2007 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS,.U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 2 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of Cumberland County shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. t SUE C-OP's'? F c.? BY THE COUR 4Wessleyy ROM RECORD unto $0 MY hw Oler Jr. C2, of 4 Ca&vw, ti f Date BY THE COURT Date J. Wesley Oler Jr., Judge Entered pursuant to the consent of Plaintiff and Defendant: Tavia Jean=Romito Date F. Michae Romito III, Plaintiff v/ Defendant /OV ssica C. Holst, Attorney for Plaintiff MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle PA 17013 Attorney for Defendant Distribution to: Jessica C. Holst, Attorney for Plaintiff /Qah;?,O?ei., Attorney for Defendant Faxed and Mailed to PSP 2005- TAVIA J. ROMITO IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNA V. NO. 04-5658 CIVIL TERM F. MICHAEL ROMITO Petitioner/Defendant CIVIL ACTION-LAW IN CUSTODY (FRT_TFI .AT . OF SE CE AND NOW, this 8th day of November, 2006, I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR WRIT OF NE EXEAT upon counsel of record via fax, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 ABOM & KUTULews, LL. P. RUA ,D' Michelle L. Sommer, Esquire Attorney I.D No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner TAVIA J. ROMITO IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 04-5658 CIVIL TERM F. MICHAEL ROMITO r- - C-? c.-r G `fl Petitioner/Defendant CIVIL ACTION-LAW - 4 T IN CUSTODY c? } TO THE HONORABLE M.L. EBERT, JR., JUDGE OF SAID COURT- PETITION FOR CIVIL CONTEMPT AND NOW, this 8' day of November, 2006, comes the Petitioner, F. Michael Romito, by and through his counsel, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Petition for Contempt and in support thereof avers the following: 1. The Petitioner is F. Michael Romito, residing at 1307 Ritner Highway, Cumberland County, Pennsylvania, 17013. 2. The Respondent is Tavia J. Romito, who is believed to be residing at 4499 Route 49, Knoxville, Tioga County, Pennsylvania, 16928. 3. On or about January 23, 2006, This Honorable Court entered a Court Order for Custody. (A true and correct copy of the Order of Court is attached hereto as Exhibit A). 4. Respondent/Mother's obligations under This Court's Order have not, to date, been met in full. EXHIBIT H 5. Respondent/Mother is in Contempt of Court for willfully failing to comply with the Order of Court dated January 23, 2006, in that: i. Respondent/Mother relocated to Knoxville, Tioga County, Pennsylvania, without the consent of the Petitioner/Father; ii. Respondent/Mother has only allowed Petitioner/Father to have contact with the child on one (1) occasion since August 2006, in direct violation of This Court's Order; and, iii. Respondent/Mother is requiring the Petitioner/Father to meet at a Wegman's parking lot in Williamsport, Pennsylvania, which is a direct violation of the Protection from Abuse Order stating that all custody exchanges are to take place at the Lowe's parking lot in Carlisle. (A true and correct copy of the Order of Court is attached hereto as Exhibit B). 6. It is in the best interest of the child to have routine contact with his Father, as provided by This Honorable Court. 7. It is in the best interest of the child to be in the custody of his Father where he will have a stable home he is familiar with. 8. It is in the best interest of the child to not be removed from the jurisdiction of This Court without Petitioner/ Father's consent. 9. Respondent/Mother has had the ability to comply with the relevant provisions of the Order of Court but has willfully failed to do so. 10. Respondent/Mother's breach of the terms of the Agreement is the sole reason Petitioner/Father had to file this petition for enforcement. 11. Petitioner/Father has incurred attorney's fees and costs in connection with the preparation and pursuit of this petition and Respondent/Mother should be held responsible for said costs. 12. A conciliation conference on Petitioner/Father's previously filed Motion to Modify Custody is scheduled for November 9, 2006, at 9:30 a.m., and Petitioner/Father is requesting that the within contempt allegations be heard at the same time. WHEREFORE. Petitioner/Father respectfully requests that this Honorable Court enter an Order finding Respondent/Mother in Contempt of Court, direct Respondent/Mother to immediately comply with This Honorable Court's Order, and grant Petitioner/Father temporary primary physical custody pending further hearing, plus pay Petitioner/ Father's counsel fees and costs. Respectfully submitted, M& AVTULAKIS, L.L.P. Date: (I 106 w Michelle L. Soni'mer, Esquire Supreme Court I.D. #93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner TAVIA J. TOMITO IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 04-5658 CIVIL TERM F. MICHAEL ROMITO Petitioner/Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing PETITION FOR CONTEMPT are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. DATE: Noe _22 .12 r- " 'Michael Romito [TVrZ) TAVIA J. ROMITO, Plaintiff v F. MICHAEL ROMITO,III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5658 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this r? day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tavia J. Romito, and the Fat: e-, FL. Michael Romito; III; shall enjoy shared legal custody of Tobin Michael Romito, born September 24, 2002. 2. The Mother shall enjoy primary physical custody of the minor- child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every Sunday from 11:00 a.m. to 6:00 p.m. B. On the Saturdays Mother is working from noon until 6:00 p.m. C. Every Tuesday when Mother is working 3:00 p.m. until 7:00 p.m. D. At such other times as the parties may agree 4. Legal counsel for the parties may contact the Custody Conciliator via phone call or letter to have another custody conciliation conference scheduled in the event either party desires to modify this Order. BY THE COURT: O?) -J J ' Judge Cc: Jane Adams, Esquire Leslie Tomeo, Esquire EXHIBIT A TAVIA J. ROMITO, Plaintiff V F. MICHAEL ROMITO,III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL ACTION - LAW 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 child who are the subject of this litigation is as follows: Tobin Michael Romito, born September 24, 2002 2. A conciliation conference was held on January 19, 2006, with the following individuals in attendance: The Mother, Tavia J. Romito, with her counsel, Jane Adams, Esquire The Father, F. Michael Romito, III, with his counsel, Leslie Tomeo, Esquire 3. The parties agreed to an entry of an Order in the form at attached. Date: January , 2006 ?//r+- oz? Hubert X. Gilro , Esquire Custody Conc' ator Tavia Jean Romito, Plaintiff V. Frank Michael Romito III, Defendant : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : No. 05-6518 CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Frank Michael Romito III Defendant's Date of Birth: August 24, 1972 Defendant's Social Security Number: 171-56-8827 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Tavia Jean Romito January 3, 1979 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a common child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ J child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares biological parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Jessica C. EXHIBIT Holst, Esquire B o Defendant appeared personally and is afirepresented, bj AND NOW, this 22nd Day of December, 2005 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff s school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. The following words were crossed out by the Judge Oler: Except for such contact with the minor child/ren as may be permitted under paragraph 3 of this Order 3. The following additional relief is granted as authorized by §6108 of the Act: - Non-harassing, non-threatening contact via telephone, USPS or through a third party regarding financial obligations, custody and/or visitation shall not be deemed a violation of this order. -Defendant shall not damage or destroy any property owned by both parties' or solely by thel Plaintiff. - t7e ??G?n r i rI remcun Ovl d? ?ti?c ?lrrn (V,?l?I J0,qL,-"c1J aOC;(p So fll,? ??cunhFF ear ry_ r? ?, 6e/J'0gIA)A , pl cinhR Golvi lcrq c. 00C, c? ?°m5 (LrY1oVEC? RVM fl-Le- karrv__ (end (JfUV? (;c f'?? ? t1,vt Ll?;w?2)l?c, Cc.?i?r Jana ?o?ms, ? ?e ?enGn fi ui? Il h AC?eMode v4 ?6A?J c-uSlvd Oh ,jvn r% qf3?? ??M u,,?h /2t' Gr p 7`1?,v? h r Gc,,sfv4y Io?ncPe /'late ?. A certifie?copy of this Order shall be provided to the police department where ?j?,,,, y ?? t Plaintiff resides and any other agency specified hereafter: ?n CC???lsC2 ? Carlisle Borough Police Department North Middleton Township Police Department Harrisburg City Police Department Silver Spring Township Police Department 5. All provisions of this order shall expire on: June 22, 2007 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261 2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 2 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of Cumberland County shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT . !24 _i ,4 ff;:,dry. .? 3?.'s. ti -anr o+i;st?, ! l?,;: unto' ?J Wesley Oler Jr. &- po .lam ! of r mirt,11'Cark AL I( ? ? Date BY THE COURT Date J. Wesley Oler Jr., Judge Entered pursuant to the consent of Plaintiff and Defendant: Tavia JeanrRomito Date F. Michael Romito III, Date Plaintiff r Defendant );7-2 ssica C. Holst, Attorney for Plaintiff MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle PA 17013 74 ??- R QA'rI '-L Attorney for Defendant Distribution to: Jessica C. Holst, Attorney for Plaintiff ,get., Attorney for Defendant ff; Rohrt 12005- Faxed and Mailed to PSP TAVIA J. ROMITO IN THE COURT OF COMMON PLEAS Respondent/Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 04-5658 CIVIL TERM E MICHAEL ROMITO Petitioner/Defendant CIVIL ACTION-LAW IN CUSTODY AND NOW, this 8' day of November, 2006, I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT upon counsel of record via fax, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 ABOM & KUTULA"S, L.L.P. Michelle L. Sommer, Esquire Attorney I.D No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner TAVIA J. ROMITO, Plaintiff v F. MICHAEL ROMITO, Defendant NO V 5 X00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5658 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this Z ' day of November, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's Order of January 23, 2006 is ratified relative to the shared legal custody arrangement and the primary custody arrangement but modified as follows: 1. The Father, F. Michael Romito, shall enjoy physical custody of Tobin Michael Romito, born September 24, 2002, on alternating weekends from Friday at noon until Monday at noon. 2. Under this schedule, the Mother shall have custody of the minor child for Thanksgiving of 2006. 3. For the Christmas holiday, the alternating weekend schedule set forth above shall apply but Father's period of custody with the minor child shall end on Monday morning at 10:00 a.m. 4. Mother shall handle transportation for exchange of custody and Mother shall deliver the child to the Father's home or pick the child up from the Father's home as required under the schedule set forth above. 5. As it relates to the parties having contact with each other or the Mother being at Father's premises for exchange of custody, this Order shall supercede the Protection from Abuse Order entered at Docket No. 2005-6518 of Cumberland County 6. The alternating weekend schedule shall continue until further Order of this Court or agreement of the parties in writing. 7. Father's Petition to hold Mother in contempt and Father's Petition for Writ of Ne Exeat are continued generally and may be raised at a later time in the event a hearing on the primary custody issue is necessary in this case. 8. The parties will meet again with the Custody Conciliator for a conference on Monday, January 22, 2007 at 2:00 p.m. Testimony whereot, I here unto set my hang the se i of said Court at Cark*la, pL '-- day of Cc: Jane Adams, Esgtr Michelle Sommer, Esquire BY THE COURT: . L. Ebert, Jr., Judge TAVIA J. ROMITO, Plaintiff v F. MICHAEL ROMITO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. 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 child who is the subject of this litigation is as follows: Tobin Michael Romito, born September 24, 2002 2. A conciliation conference was held on November 9, 2006, with the following individuals in attendance: The Mother, Tavia J. Romito, with her counsel, Jane Adams, Esquire The Father, F. Michael Romito, with his counsel, Michelle Sommer, Esquire 3. Based upon the recommendation of the Conciliator, the parties agreed to an entry of an Order in the form as attached. Date: November lco , 2006 Hubert X. Gilroy squire Custody Concili for mAR 0 6 2007 . TAVIA J. ROTNIITO, Plaintiff v F. MICHAEL ROMITO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5658 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of March, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing scheduI d ' Court Room No. 5 of the Cumberland County Courthouse on the day o , 2007 atI0:3Q m. At this hearing, the father shall v be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the custody provisions as set forth in this Court's prior November 16, 2006 Order shall remain in effect. BY THE COURT: M. L. ert, r., Judge Cc: Jane Adams, Esquire Michelle Sommer, Esquire F -h ILE:;IDA i.\FIL(?Grnrr.:I''CnrrenP.l_??I`Krnn¢u v Komito Rcpun end Oi drr TAVIA J. ROINIITO, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL ACTION - LAW F. MICHAEL ROMITO, IN CUSTODY Defendant Prior Judge: The Honorable M. L. Ebert, Jr. 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 Conciliator conducted a telephone conference with the attorneys for the parties on March 1, 2007. This telephone conference was a follow-up from the prior conciliation which took place in November 2006. 2. The parties are still unable to reach an agreement upon a permanent Order. Father is upset with the fact that mother relocated out of the Carlisle area suggesting she needed to go to school. However, it has apparently come to light since the date of relocation that the mother has not, in fact, attended any classes. The father is essentially of the opinion that the mother had no real basis to relocate and he either wants her to return to the Carlisle area or the father is seeking primary physical custody of the minor child. 3. The parties are unable to reach an agreement and a hearing is necessary. The Conciliator recommends an Order in the form as attached. Date: March 5, 2007 Hubert X. Gilr , Esquire Custody Conciliator TAVIA JEAN ROMITO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. FRANK MICHAEL ROMITO, III,: CIVIL ACTION - LAW Defendant NO. 04-5658 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 5th day of October, 2007, after beginning the hearing in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the case is generally continued. Counsel are directed to contact my staff in order to arrange for another hearing date to conclude the hearing. Both counsel will advise the Court with regard to the completion of a custody evaluation in this case to include evaluation of any school district where this child would anticipate attending for the school year 2008/2009. IT IS FURTHER ORDERED AND DIRECTED upon consideration of the testimony to date that transportation in this case shall be divided equally, between the parties in the same manner in which it was conducted during the summer months; that is, that the relinquishing party shall provide transportation. By the Court, TRUE COPY FROM RECORD In Testimony Whereof here unto set my hand M. L. Ebert, Jr., J arad se I f said C t 'isle Pa. fh' /.. d of ... ? EXHBIT K r ?i s Jane Adams, Esquire For the Plaintiff Michelle L. Sommer, Esquire For the Defendant :lfh t e om ATTORNEYS AT LAW March 18, 2008 F. Michael Romito P. O. Box 1204 Carlisle, PA 17013 Re Romito v. Romito Docket No.: 04-5658 Our File No.: 06-397 Dear Mike: OFFICE LOCATIONS CARLISLE OFFICE (717) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 Enclosed please find an e-mail I received from Judge Ebert's secretary in which she had wanted to schedule your matter for trial sometime over the summer. As you can see in my response back to Beth, I informed her that after talking with Attorney Adams it was our understanding that neither you or Tavia ever contacted Deb Salem at Interworks to schedule your appointment for the Custody Evaluation as required by the October 2007 Court Order. Therefore, both Attorney Adams and I believe that since you have not contacted Interworks you must be happy with your current custody arrangement and as such we informed both Beth and Judge Ebert that we did not need to proceed at this time with a custody trial. Should you have any questions regarding the above, please do not hesitate to contact me. Sincerely, Abom & Kutulakis, L.L.P. &IMIJ Michelle L. Sommer, Esquire MLS/df Enclosure Reply To: 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 Fax (717) 249-3344 EXHBIT L. tNTEf?--,-W0KK5 VV -,r z;t A a DATE: November 6, 2008 Clinical Director Deborah lL Salem, CiCD, LPC Associates Inthea L. Stebbins, LSW Lauren Wenner, BI 4335 North Front St Harrisburg PA 17110 Tel 717-236-6630 Fax 717-236-66n froutdesk@iaterworksonhe.com RE: Update/Custody Assessment FROM: Deborah L. Salem, CACD, LPG J' Clinical Evaluator ?` This information is sent to keep you apprised of the status of your client's Custody Assessment. Please call with any questions. Plaintiff. Defendant: Name: Tavia Romito Attorney: Jane Adams 64 S. Pitt Street Carlisle, Pa 17013 Docket No. 04-5658 Date of Most Recent Session: None Sessions Remaining: Expected Date of Full Report: Unknown Frank Michael Romito, III Michelle Sommers 36 S. Hanover Street Carlisle, Pa 17013 Other Pertinent Notes: Mr. Romito was scheduled for October 10, 2008 he never called or showed up for this appointment. We made several attempts to contact Mr. Romito; he has yet to return a call to our office. Mrs. Romito was scheduled on October 24, 2008; since Mr. Romito hasn't contacted our office we cancelled Mrs. Romito's appointment. 10 .Ak EXHBIT M .. J : V CERTIFICATE OF SERVICE AND NOW, this 1 -day of November, 2008, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Motion to Withdraw as Counsel by First Class U.S. Mail addressed to the following: Via Certoed Mail - Return Receipt Requested. F. Michael Roinito P.O. Box 132 Shady Grove, PA 17256 Via regular mail.- Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 0 Michelle L. Somm , Esquire c'7 r > ?:'? t ?? ? ' ?? ?. ?.+J .:.. t. ?? ?? ?. ..?' ...q ?:.i ??? a,rwraam.'° 0, f • TAVIA J. ROMITO Plaintiff V. F. MICHAEL ROMITO Defendant NOV 14 2008x, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY A? AND NOW, this day of November, 2008, upon Motion of Michelle L. Sommer, Esquire, a Rule is hereby issued upon the parties to show cause why the Petitioner should not be permitted to withdraw as counsel for Defendant, F. Michael Romito. Rule returnable IfJ days after the date of service of this Order. Service to be by certified mail upon F. Michael Romito and regular mail upon Jane Adams, Esquire, Counsel for Plaintiff. BY THE COURT: M. L. Ebert, Jr., J. Distribution: Michelle L. Sommer, Esquire ane Adams, Esquire l? O P l ?F? rn'a-%, ISZL 1 ?r ll? fob 5 ,qNnCir' ,?, ,r?J41 1 0 -$ V 9 1 AON 8001 .. , . A AM & LILAKIS Michelle L Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanoi er Street Carlisle, Pennsyltunia 17013 (717) 249-0900 TAVIA J. ROMITO Plaintiff V. F. MICHAEL ROMITO Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT QF SERVICE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Motion to Withdraw as Counsel, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on F. Michael Romito, at Carlisle, Pennsylvania, addressed as follows: F. Michael Romito P. O. BOX 132 Shady Grove, PA 17256 Return card acknowledging receipt on November 17, 2008 is attached as Exhibit "A". ABom&KUTULAK78, LLP Date: 11. 11& 1 OLD Michelle L. Sommer, Es 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Defendant I.D. No: 93034 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?o?-wry F MICA"/ spy ?-d??, 'PA A. Signature X 13 Agent ?- ? Addressee B.?-Received t? Name ? t C. Date of Delivery J+IPW- 1-7-C)8 D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type ?f?'.ert Wd Mail O Express Mail O Registered 13 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7007 0 710 0003 2 210 2262 (Transfer from service tabs!) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT `A" CO x. w e? OM & KUTUL WIS Michelle L Sommer, Esquire Attorney LD. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 TAVIA J. ROMITO Plaintiff V. F. MICHAEL ROMITO Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Rule to Show Cause upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on F. Michael Romito, at Carlisle, Pennsylvania, addressed as follows: F. Michael Romito P. O. Box 132 Shady Grove, PA 17256 Return card acknowledging receipt on November 21, 2008 is attached as Exhibit "A". ABOM & KUTULAKIS, LLP Date: O O Michelle L. Sommer,Y;Kquire 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Defendant I.D. No: 93034 s ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: - ?? t C ?2? eI RO YVL? S kac4l (-f-ovr) Pr'N 7a-'s o ,i1 A. W 0 Agent of - it '-?.5??v? u Aaaressee . B Received { Pri } ! C. Date of Delivery 11-91 , D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: 0 No 3. Service Type Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number ?00? 0 710 0003 2 210 217 0 (Transfer from service labeq PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-I W EXHIBIT `A" Ty C .. OM & LITLILAKIS Michelle L Sommer, Esquire AttomyI.D. No.: 93031 36 South HanoerrStreet Carlisle, Penngl ania 17013 (717) 249-0900 TAVIA J. ROMITO Plaintiff V. F. MICHAEL ROMITO Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5658 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE M. L. EBERT, JR., JUDGE OF SAID COURT: AND NOW, this 11`h day of December, 2008, comes Petitioner, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., who respectfully avers the following: 1. On November 13, 2008 Petitioner filed a Motion to Withdraw as Counsel in the above-captioned matter. 2. A Rule to Show Cause was issued on November 17, 2008 upon the parties to show cause why the Petitioner should not be permitted to withdraw as counsel for Defendant, F. Michael Romito. 3. On November 19, 2008 a copy of the Rule to Show Cause was sent to Plaintiff's Attorney, Jane Adams, Esquire. 4. On November 19, 2008 a copy of the Rule to Show Cause was sent to Defendant, F. Michael Romito, by certified mail. 5. Defendant, F. Michael Romito, signed for his certified mail on November 21, 2008. (Attached hereto as Exhibit "A" is an Affidavit of Service filed November 25, 2008.) 6. More than twenty days have elapsed and neither Plaintiff's counsel not the Defendant have filed a response to the Rule to Show Cause. WHEREFORE, undersigned counsel respectfully requests this Honorable Court grant her request to withdraw as counsel in this matter. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. 12?i1??s ( W 1? Date Michelle L. Sommer, e Attorney I.D. No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 OM CSC KUTLILAKIS Michelle L Sommer, Esquire Attorney I.D. No.: 93034 36 South HanoterStreet Carlirk, Pennsylvania 17013 (717) 219-0900 TAVIA J. ROMITO IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5658 CIVIL TERM F. MICHAEL ROMITO CIVIL ACTION - LAW cs Defendant IN CUSTODY " _E r_s t-;:? - rv ? r-; - rr' .may ' ?' G AFFIDAYIT OF SERVICE _ J.- -?j erve a true and correct cts?y ojGhe I°le t I did h if b s y t a y cert I, Michelle L. Sommer, Esquire, here to Show Cause upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on F. Michael Romito, at Carlisle, Pennsylvania, addressed as follows: F. Michael Romito P. O. Box 132 Shady Grove, PA 17256 Return card acknowledging receipt on November 21, 2008 is attached as Exhibit "A". ABOm&KUTULAKrs; LLP Date: 194109, Michelle L. SommerjKquire 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Defendant I.D. No: 93034 EXI-HBIT P ..no ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: C12.0.e? fo -P. Ok Ray 13 a-- A. t't' ? Agent ' - If B. Received by (Prin'l?ame) 1 + C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No ? 1n?V (o 3. Service Type Certified Mail ? Express Mail 1 a I ? Registered ? Return Receipt for Merchandise C ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 0710 0003 2210 2170 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT `A" I . . .. CERTIFICATE OF SERVICE AND NOW, this 11`' day of December 2008, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, LLP., hereby certify that I did serve a true and correct copy of the foregoing Motion to Make Rule Absolute by First Class U.S. Mail addressed to the following: Via Certified Mail -Return Receipt Requested: F. Michael Romito P.O. Box 132 Shady Grove, PA 17256 Via Regular Mail: Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 Respectfully submitted, ABOM & KUTULAKIs, L.L.P. Michelle L. Sommer, Es e Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 C? " ?? ? t' > _? r r?, . .,,. . '." y :.. ? ?, e;? + L'1 .J? ..» I o DEC 12 2000( jr) TAVIA J. ROMITO IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5658 CIVIL TERM F. MICHAEL ROMITO CIVIL ACTION - LAW Defendant IN CUSTODY AND NOW, this I J day of December, 2008, upon consideration of the within Motion to Make Rule Absolute, said Motion is hereby GRANTED, Michelle L. Sommer, Esquire and Abom & Kutulakis, L.L.P., are hereby granted leave to Withdraw as Counsel for the above-named Defendant, F. Michael Romito. BY THE COURT: lv? S--7: V M. L. Ebert, Jr., J. istribution• Michelle L. Sommer, Esquire .- ane Adams, Esquire CDP L £S rn.:, t LCL 19/1 slob -1.411071 Iro ?50