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HomeMy WebLinkAbout05-1975ROBERT V. PALMER, : IN THE COURT OF COMMON PLEA Plaintiff, : CUMBERLAND COUNTY, PENNSYL VS. No. TWYLA M. BROWN-BIEBER, Defendant. : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any other claim or relief requested by the Plaintiff You may Io e money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON 'l HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. l' IS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER L SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 The Court of Common Pleas of Cumberland County is required by law to compl, the Americans with Disabilities Act of 1990. For information about accessible facilities reasonable accommodations available to disabled individuals having business before the please contact our office. All arrangements must be made at least 72 hours prior to any I or business before the court. You must attend the scheduled conference or hearing. nrt. ring Michael S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 (717)731-9502 ROBERT V. PALMER, Plaintiff, VS. TWYLA M. BROWN-BIEBER, Defendant. IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYL AN IA :No. (q'9? IN CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Robert V. Palmer residing at 78 Kensington Drive, Camp I Cumberland County, Pennsylvania 17011. 2. The Defendant is Twyla M. Brown-Bieber residing at 8 Genesis Court, Middletown, Dauphin County, Pennsylvania 17057. 3. Plaintiff seeks primary physical custody of the following child: NAME PRESENT RESIDENCE DOB Bobby Jalen Palmer 8 Genesis Court Middletown, PA 17057 Bobby Palmer was born out of wedlock. 8/30/94 The Child is presently in the custody of Twyla M. Brown-Bieber who resides at 8 Genesis Court, Middletown, Pennsylvania, 17057. The child has resided with the following persons and at the following addresses since 1 Persons Addresses Dates Robert Palmer and Susquehanna Township 1994- 1998 Twyla Brown-Bieber Camelot Village King Authors Court 3140 Robert Palmer, Twyla Brown-Bieber and her parents Mr. and Mrs. Dale Brown-Bieber Robert Palmer and Twyla Brown-Bieber Robert Palmer Robert Palmer Sara Ward and Desarae Ward Robert Palmer Sara Ward and Desarae Ward Fredricksburg, PA 496 S. Second Street Highspire, PA 17034 496 S. Second Street Highspire, PA 17034 4 Dulles Drive Camp Hill, PA 17011 78 Kensington Drive Camp Hill, PA 17011 1998 2 months 7/1998 - 1999 1999 - 2003 2003 - 121200 1212004 - 2/2( 2/2005 - 3/20( Twyla Brown-Bicber 2048 Bellevue Street Kirsten (Sister), Daryl (Husband), Harrisburg, PA 17104 Andrew (Nephew) Alasia & Niasia Robertson Twyla Brown-Bieber and 8 Genesis Court Alasia & Niasia Robertson Middletown, PA 17057 312005 - date The mother of the child is Twyla M. Brown-Bieber, currently residing at 8 Genesis Middletown- PA 17057. She is not married to the father. The father of the child is Robert V. Palmer, currently residing at 78 Kensington Dri Camp Hill, PA 17011. Ile is not married to the mother. 4, The relationship of plaintiff to the child is that of father. The plaintiff resides with Sara Ward and Desarae Ward. 5. The relationship of the defendant to the child is that of mother. the currently resides with the child and her other two children Alasia and Niasia Robertson. 2 6. Neither party has participated as a party or witness, or in another capacity, litigation concerning the custody of the child in this or another court. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to child. other 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has participated in the primary care of the child life. B. Plaintiff can provide a stable environment. C. Plaintiff can provide a loving home. D. The child should be immediately returned to his Father's School D 9. Each parent whose parental rights to the child has not been terminated person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff seeks primary physical custody of the child, subject to Mother's periods of liberal visitation. Attorney for Plaintiff Supreme Court ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 (717)731-9502 his 3 ROBERT V. PALMER, : IN THE COURT OF COMMON PLEA Plaintiff, : CUMBERLAND COUNTY, PENNSYL ANIA VS. TWYLA M. BROWN-BIEBER, Defendant. No. IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I LIM false statements made herein are made subject to the penalties of 18 Pa. C.S. Section relating to unsworn falsification to authorities. Dated: 4_jq_oc- e JP ?. U that ? ?, ?? tr ?? ? ? ? i``? ( ? '? ? Y.1? h 1C; ?. n1 ?. ti.? r ? <_r` ?? ?`? ?a r-? r`; ?> s>> -i1 -l x^ `r.;? s n? _; r_ , ? , ? ? Tx , ?. .-. ; r; ,,; :_ ROBERT V. PALMER' IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TWYLA M. BROWN-BIEBER DEFFNDANT 05-1975 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, April 25, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, ati 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 18, 2005 at 12:30 PM 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/ - Dawn S. Sunday, Esq. 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 lpj"??y?. TY?9 oaf, nnti ? .Sim -5;& 17 nV,NV'A!A'-- ,f ( S I =h Ind SZ Ndv Son Hi ?o ROBERT V. PALMER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. :No. 05-1975 TWYLA M. BROWN-BIEBER, Defendant. : IN CUSTODY AFFIDAVIT OF SERVICE 1, Michael S. Travis, attorney for Plaintiff, in the above captioned action for child custody, hereby state that a conformed and certified copy of the Complaint in Custody was served upon the Defendant by Certified Mail No. 7004 2890 0001 1655 2381, return receipt requested, by depositing the same in the United States mail on April 28, 2005, pursuant to Rule 1930.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to service in Domestic Relations Matters. As indicated by the green return receipt card received by Plaintiffs counsel, attached hereto, the Complaint was received by the Defendant on April 29, 2005. I verify that the statements made in this Affidavit are true and correct. I understand that '?elating to unsworn false statements herein are subject to the penalties of 18 Pa. C.S. §4294- falsification to authorities. L Michael S. Travis Attorney for Plaintiff 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 ^J _ I co ¦ 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 all the front if space permits. 1. Article Addressed to: X ? Agent ? Addressee B. d by (Printed Name) C D41 If De' eryJ I ? ?yi? W-01W D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No iwyla. M. 13tcwn-aieber I Y Gencs; 5 a)ur{ I , 3. Service Type 1 I f I U `, ?K'1 T wrl I ??! 1-10 WLcertlfied Mail ? Express Mall ? Registered 0 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Feel Ca-Ibs 2. Article Number 70D4 2890 0001 1655 2381 (ii f from rom seMCe label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-na1W : RECEIVED MAY 26200 y ROBERT V. PALMER Plaintiff VS. TWYLA BROWN-BIEBER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1975 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _7-!7 F6_ day of M,7:1 , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Courtroom No. I of the Cumberland County Courthouse on the AV, _day of 2005, at ?r) o'clock q,. m., at which time testimony will be taken. For purpos of the hearing, the Father, Robert V. Palmer, shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. The Father, Robert V. Palmer, and the Mother, Twyla M. Brown-Bieber, shall have primary physical custody of Bobby Jalen (BJ) Palmer, born August 30, 1994. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. Pending the hearing and further Order of Court or agreement of the parties, the parties shall have physical custody of the Child in accordance with the following schedule: A. For the remainder of the school year, the Mother shall have primary physical custody of the Child with the Father having partial physical custody every week from Tuesday evening at 5:30 p.m. when the Father shall pick up the Child after work through Wednesday morning when the Father shall take the Child to school. In addition, the Father shall have custody of the Child every weekend from Saturday at 5:30 after work through Sunday at 7:00 p.m. B. After the 2004-2005 school year has ended, the parties shall share having custody of the Child on an alternating weekly basis, with the exchange to take place each week on Friday at 5:30 p.m., beginning with the Father having custody of the Child on the first Friday after the last day of school rt - T'lli C. The Mother shall have custody of the Child on Memorial Day and the Father shall have custody on the Fourth of July. 4. Neither party shall use corporal punishment in disciplining the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 5. Both parties shall ensure that the Child receives his prescribed medication for Attention Deficit Disorder on a daily basis at the appropriate time. 6. The parties shall communicate directly with each other concerning all issues involving the Child without interference by third parties. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Michael S. Travis, Esquire - Counsel for Father Counsel for Mother 4.f-&L /j?jca+ 0 6 -0l ,03' BY THE COURT, ROBERT V. PALMER Plaintiff VS. TWYLA M. BROWN-BIEBER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1975 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bobby Jalen (BJ) Palmer August 30, 1994 Mother/Father 2. A conciliation conference was held on May 18, 2005, with the following individuals in attendance: The Father, Robert V. Palmer, with his counsel, Michael S. Travis, Esquire, and the Mother, Twyla M. Brown-Bieber, with her counsel, Geoffrey Biringer, Esquire. 3. The Father filed this Complaint for Custody seeking primary physical custody of the Child. The Mother had previously filed a Complaint for Custody in Dauphin County to which the Father's preliminary objections are currently pending. The parties disagree as to the custodial situation over the past few years and it is unclear to the conciliator as to which party has been the primary custodian during any part of that time. The parties did agree that the Child has been attending school in Middletown (the Mother's school district) since late April although the Child was initially enrolled in Good Shepherd in Camp Hill (the Father's school district) from the beginning of the 2004-2005 school year through at least February. 4. The parties were unable to reach an agreement as to ongoing custody arrangements for the Child as well as the Child's enrollment in school for the 2005-2006 school year and it will be necessary to schedule a hearing. 5. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to reside primarily with him in Camp Hill and to attend school in the West Shore School District. The Father agrees that the Child should attend public school, at the recommendation of the school psychologist at Good Shepherd and the Capital Area Intermediate Unit evaluators, but believes it would be best for the Child to reside primarily with him during the school year. The Father resides in the West Shore School District. The Father indicated that the Mother removed the Child from Good Shepherd school without his consent or prior notification. The Father acknowledged that both he and his girlfriend had used some forms of corporal punishment with the Child in response to the Mother's allegations but indicated that the extent of the punishment was appropriate and not abusive. However, the Father did agree to a prohibition against all corporal punishment at this time. According to the Father, the Mother's contact with the Child prior to removing him from Good Shepherd school had been sporadic over the years as he had been the primary caretaker and custodial parent over the longest period of time. The Father seeks primary physical custody of the Child with periods of partial custody with the Mother over alternating weekends. 6. The Mother's position on custody is as follows: The Mother believes it would be in the best interest of the Child to reside primarily with her at her residence in Middletown. The Mother stated that she had removed the Child from the Good Shepherd school with the Father's knowledge. The Mother believes the parties agreed that the Child should attend public school and she was simply the first parent to take action on that recommendation. The Mother denies the Father's statements that he has been the primary custodian of the Child over the past few years. The Mother has had an intermediate unit evaluation done of the Child and feels it is best for him to continue to attend school in Middletown where that program has already begun on his behalf. The Mother believes that if the Child were to be removed to the West Shore School District for the next year, the evaluation would have to be reinitiated after the beginning of the school year, which would result in loss of progress for the Child in the program. The Mother indicated that the Child has been doing much better in the Middletown school since he has received prescribed medication for ADD. The Mother's main concern is her belief that the Child has been slapped in the face and hit with a belt by the Father's girlfriend. Although, according to the Mother, the Father agreed to address the issue, subsequent incidents confirmed her fears that the Child is still at risk in the Father's custody. As the Mother is not currently employed, she stated that she is at home full time to provide care for the Child. The Mother proposes that she have primary physical custody of the Child during the school year with reasonable periods of partial custody with the Father. 7. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter and providing recommendations for temporary custodial arrangements pending the hearing. It is expected that the hearing will require at least one-half to one full day. Date Dawn S. Sunday, Esquire Custody Conciliator ROBERT V. PALMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW TWYLA BROWN-BIEBER,: Defendant NO. 05-1975 CIVIL TEIZM ORDER OF COURT AND NOW, this 19th day of July, 2005, due to the expected length of the court's civil trial commencing July 18, 2005, the hearing previously scheduled in the above matter for July 28, 2005, is rescheduled to Wednesday, August 3, 2005, at 2:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Michael S. Travis, Esq. Attorney for Plaintiff Charles Petrie, Esq. Attorney for Defendant :rc BY THE COURT, 11 6Z ,C S•;d 61 iP 9007, -ICM-4 )-C_i H ROBERT V. PALMER, Plaintiff v. TWYLA M. BROWN-BIEBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-1975 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of August, 2005, upon consideration of Plaintiff's complaint for custody with respect to the parties' child, Bobby Jalen (BJ) Palmer (date of birth August 30, 1994), and following a hearing held on this date which has not yet been completed, the record shall remain open and counsel are requested to contact the Court's secretary for purposes of scheduling a concluding day of hearing. vriichael S. Travis, Esquire 3904 Trindle Road Camp Hill, PA 17011 For the Plaintiff Aarles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 For the Defendant n pcb off 0% By the Court, VINVAlkSNN3d kLN,nT, q%,F,F qmo 6z ,©I NV 6- end 9601 MVIQN H1 ldd M 10 3011 "}-Uu 00/es/OS 16:00 FAX 717 771 Sill ROBERT V. PALMEk Plaimm V. TWYLA BROWN-BQIHRR pereNdmttt Y TRAVIS ATTr' fN THE COuR r OF COMMON PLEAS CUMURLAND COUNTY CIVIL ACTION - LAW ) No W1975 CIVEL TBRM IN CUSTODY STIPULATION NOW COMES, the pwuw bct uj Rvbwt V. Pdaaa, PhoatiM mad ft Dakndm% Twyls Brow -Biebx WHEREAS, a bosriafz was hdd on August 3.2005; and WHEREAS, due to Comt cakodag cmaidandom, do Imming wag to be coatinaed to s later h wig dale, not yet opecww; mad WHEREAS, the pertics wish to have a dwimn from the coat as soon as pomible. the parties Sttvulete that the mmdn ow and eviderm in the am is Closed, and meow that the Court m Oder a decision on the boo sod evidence is record Robert V. DkImaiMmind x9rof S. rmvaZ. Espana for Plaintiff TwylvarovBar ieber, Dafendent Charles E. Petrie. Esquire for Defeodme IM 02 zoin 2LLLV SIAM N TT96 TEL LTL YVd 9I:60 90/9T/90 So Ordemd; n r? tl3 Y)L3 O- CO O F ^r" a E3) ROBERT V. PALMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TWYLA BROWN- BIEBER, Defendant NO. 05-1975 CIVIL TERM t ORDER OF COURT AND NOW, this 19 `'day of August, 2005, upon consideration of Plaintiff's Complaint for Custody with respect to the parties' child, Bobby Jalen (BJ) Palmer (d.o.b. August 30, 1994), following a hearing held on August 3, 2005, and based upon the Court's belief as to the best interest of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Physical custody of the child shall be shared by the parties as follows: a. During the school year, (1) The parties shall alternate physical custody of the child on a weekly basis from Saturday at 7:30 p.m. until Saturday at 7:30 p.m.; (2) Christmas vacation shall be shared by the parties, with Mother having the child from the close of school prior to Christmas until December 25 at 2:00 p.m. and Father having the child from 2:00 p.m. on December 25 until the day prior to resumption of school at 2:00 p.m. (3) Thanksgiving Day shall be shared by the parties, with the noncustodial parent for the week on AI N ;0 L I :Z Wd L I SI V SON Ad?/tC) U;dU: Ud -jHi ?O which Thanksgiving falls having the child from 2:00 p.m. on Thanksgiving alternate custody of the child every two weeks, each period commencing and ending at 7:30 p.m. on Saturday. 3. Transportation for exchanges of custody shall be the responsibility of the parent receiving custody. 4. The child shall remain in the schools of the Middletown Area School District; 5. Both parents shall facilitate the child's participation in extracurricular activities, including school sports. 6. Both parents shall ensure that the child receives his prescribed medication for Attention Deficit Disorder on a daily basis at the appropriate time. 7. Neither party shall use corporal punishment in disciplining the child, nor permit third parties to utilize corporal punishment in disciplining the child. 8. Nothing herein is intended to preclude the parties from deviating from the foregoing provisions of this order by mutual consent. BY THE COUR Day until 7:30 p.m. on Thanksgiving Day; b. During the summer, the parties shall L Michael S. Travis, Esq. Attorney for Plaintiff Oarles Petrie, Esq. Attorney for Defendant sley N ., J. ROBERT V. PALMER, Plaintiff VS. TWYLA BROWN-BIEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : No.: 05-1975 CIVIL TERM MOTION TO MODIFY CUSTODY ORDER NOW COMES the Defendant, TWYLA BROWN-BIEBER, by and through her attorney, Charles E. Petrie, and respectfully represents as follows: 1. Defendant is Twyla Brown-Bieber, who currently resides at 8 Genesis Court, Middletown, County of Dauphin, Pennsylvania. 2. Plaintiff is ROBERT V. PALMER, who currently resides at 78 Kensington Drive, Camp Hill, County of Cumberland, Pennsylvania. 3. The parties are the parents of BOBBY JALEN (BJ) PALMER, born August 30, 1994. 4. An Order of Court was entered on August 17, 2005, by the Honorable J. Wesley Oler, Jr., a copy of which is attached hereto. 5. Said Order provides for the parties to share joint physical custody of the minor child on a weekly basis. 6. Since the entry of the Order, Plaintiff has not complied with the Order. The child has resided primarily with Defendant since August, 2005. 7. Plaintiff has not seen the child on a regular basis since August, 2005. WHEREFORE, Defendant respectfully requests that Your Honorable Court amend the Order of August 17, 2005, to provide that primary physical custody of the minor child shall be and remain in Defendant. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Sup. Ct. ID No. 29029 ATTORNEY FOR DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 0 7 '' v c/ DAT T A BROWN-BIEBER ROBERT V. PALMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TWYLA BROWN- BIEBER, Defendant NO. 05-1975 CIVIL TERM ORDER OF COURT AND NOW, this (9 day of August, 2005, upon consideration of Plaintiff's Complaint for Custody with respect to the parties' child, Bobby Jalen (BJ) Palmer (d.o.b. August 30, 1994), following a hearing held on August 3, 2005, and based upon the Court's belief as to the best interest of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Physical custody of the child shall be shared by the parties as follows: a. During the school year, (1) The parties shall alternate physical custody of the child on a weekly basis from Saturday at 7:30 p.m. until Saturday at 7:30 p.m.; (2) Christmas vacation shall be shared by the parties, with Mother having the child from the close of school prior to Christmas until December 25 at 2:00 p.m. and Father having the child from 2:00 p.m. on December 25 until the day prior to resumption of school at 2:00 p.m. (3) Thanksgiving Day shall be shared by the parties, with the noncustodial parent for the week on which Thanksgiving falls having the child from 2:00 p.m. on Thanksgiving Day until 7:30 p.m. on Thanksgiving Day; b. During the summer, the parties shall alternate custody of the child every two weeks, each period commencing and ending at 7:30 p.m. on Saturday. 3. Transportation for exchanges of custody shall be the responsibility of the parent receiving custody. 4. The child shall remain in the schools of the Middletown Area School District; 5. Both parents shall facilitate the child's participation in extracurricular activities, including school sports. 6. Both parents shall ensure that the child receives his prescribed medication for Attention Deficit Disorder on a daily basis at the appropriate time. 7. Neither party shall use corporal punishment in disciplining the child, nor permit third parties to utilize corporal punishment in disciplining the child. 8. Nothing herein is intended to preclude the parties from deviating from the foregoing provisions of this order by mutual consent. BY THE COUR' esley Ol r., J. Michael S. Travis, Esq. Attorney for Plaintiff -iarles Petrie, Esq. Attorney for Defendant RTOM, RECORD .1»G Colpy in GPs ; r)n% nrhereof, and seal of said t t a isle, Pa. fi of Thi . 711 O ? c a z? „u ROBERT V. PALMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05- AT6 CIVIL ACTION LAW TWYLA BROWN-BEIBER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 24, 2007 , 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 Coin Courthouse, Carlisle on Friday, August 31, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gyro Es g. 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 ll?p- ?7?- Z 11 !J ROBERT V. PALMER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW vs. No.: 05-1975 CIVIL TERM TVVYLA BROWN-BIEBER, Defendant IN CUSTODY AFFILLiAVIT OF BVX'iiIOR CSI 612, M E. PETRIE, Esquire, being duly sworn according to law, deposes and states that he served a true and correct copy of the ORDER OF COURT AND MOTION TO MODIFY CUS'T'ODY ORDER, upon ROBERT V. PP&MER. plaintiff, in the above-captioned matter, by mailing a true and correct copy of same by U.S. Certified Mail, return receipt requested, Article Number 7 6 7 ooo39i2ww4 postage prepaid, on Auggjt 3, 2007, to the following address: Name: Robert V. Palmer Address: 78 Kensington Drive, Camp Hill, PA 17011 Plaintiff personally received said documents on August 18, 2007, as evidenced by his signature on the certified mail return receipt card which is attached hereto and marked Exhibit "A". 1 verify that the statements in the foregoing Affidavit are true and correct. I understand that false statements herein are made subject to the pdnalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE CHARLES E. PETRIE ATTORNEY FOR PLAINTIFF ??_: C? I SEP 1 0 2007#1 ROBERT V. PALMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW TWYLA BROWN-BIEBER, : NO. 05-1975 Defendant : IN CUSTODY COURT ORDER AND NOW, this _ day of September, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's prior Order of August 17, 2005 is vacated and replaced with the following Order: 1. The father, Robert V. Palmer, and the mother, Twyla Brown-Bieber, shall enjoy shared legal custody of Bobby Jalen (BJ) Palmer, born August 30,1994. 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 at such times as agreed upon by the parties. Mother shall work out father's periods of temporary custody consistent with what the father has been exercising over the past year subject, however, to the father giving mother reasonable notice as to when he wants custody. 4. When father has custody of the minor child, he shall insure that he gives the minor child all medication as prescribed by the child's treating physician. 5. In the event the father desires to modify this Order, the father may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, . Jud J. Wesley Ole f) cc: Charles E. Petrie, Esquire / Mr. Robert V. Palmer 42a -az mla ` '?,?J F:?FIM\Cfi=U\12321 Cumody ConciBatiow\12321.Pakw v Brown-Bieber Conc?latiai Rryort?-Oider.wpd q?i, ? t37 -21 N -J r m ROBERT V. PALMER, Plaintiff v TWYLA BROWN-BIEBER, Defendant Prior Judge: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND-COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 05-1975 : 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 is the subject of this litigation is as follows: Bobby Jalen (BJ) Palmer, born August 30,1994. 2. A Conciliation Conference was held on August 31, 2007, with the following individuals in attendance: The mother, Twyla Brown-Bieber, with her counsel, Charles E. Petrie, Esquire. The father did not appear. Attorney Petrie had a certified letter receipt indicating notice of the Conference had been served on the father. 3. Mother relates that the father has not been abiding by the prior Custody Order from August 17, 2005 which gave the father 50% custody and mother 50% custody. Mother related that father does not abided by a set schedule and comes periodically to see his son. She suggests he might see his son one weekend per month and some other times. The mother was seeking a modification of the existing Order to have it conform to the status quo. 4. The Conciliator recommends an Order in the form as attached. Date: tG Hubert X. Gilroy, Esquire Custody Conciliator rn t :r}( N) M -7 ROBERT V. PALMER, Plaintiff vs. TWYLA BROWN-BIEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No.: 05-1975 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER AND NOW, this 22nd day of June, 2011, Petitioner, TWYLA BROWN-BIEBER, by and through her attorney, Charles E. Petrie, files this Petition for Finding of Contempt and in support thereof respectfully represents as follows: l.. Petitioner is Twyla Brown-Bieber, who currently resides at 5 Conway Drive, Middletown, County of Dauphin, Pennsylvania. 2. Respondent is ROBERT V. PALMER, who currently resides at 78 Kensington Drive, Camp Hill, County of Cumberland, Pennsylvania. 3. The parties are the parents of BOBBY JALEN (BJ) PALMER, born August 30, 1994. 4. An Order of Court was entered on September 11, 2007, by the Honorable J. Wesley Oler, Jr., a copy of which is attached hereto. 5. Said Order provides for the Petitioner to enjoy primary physical custody of the minor child. 7 ? .7t)• 00 6. Said Order further provides that the Respondent Father shall enjoy periods of temporary physical custody of the minor at such times as agreed upon by the parties. 7. The parties agreed that the child would spend the weekend of June 11 and 12, 2011, with Father and would return to Mother's custody by 7:00 p.m. on Sunday, June 12. 8. Father refuses to return the child to Mother's custody despite Mother's demands and the involvement of the local police. WHEREFORE, Petitioner respectfully requests that Your Honorable Court enter an Order finding Respondent in contempt of this Court's Order under date of September 11, 2007. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Sup. Ct. ID No. 29029 ATTORNEY FOR PETITIONER COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. to ?2 ?i DAT TWY A BROWN-BIEBER SEP 1 0 200I P'I ROBERT V. PALMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW TWYLA BROWN-BIEBER, : NO. 05-1975 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of September, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's prior Order of August 17, 2005 is vacated and replaced with the following Order: 1. The father, Robert V. Palmer, and the mother, Twyla Brown-Bieber, shall enjoy shared legal custody of Bobby Jalen (BJ) Palmer, born August 30,1994. 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 at such times as agreed upon by the parties. Mother shall work out father's periods of temporary custody consistent with what the father has been exercising over the past year subject, however, to the father giving mother reasonable notice as to when he wants custody. 4. When father has custody of the minor child, he shall insure that he gives the minor child all medication as prescribed by the child's treating physician. 5. In the event the father desires to modify this Order, the father may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, 1? b )10,A ?1) ud .Wesley Oler cc: Charles E. Petrie, Esquire Mr. Robert V. Palmer ME COPY FROM RECORD F.\FILFS\ClicntsU?321 Custody Conciliatiotu\I2J2 LPalmer v Brown-Bieber Conciliation Rtpurt-Order wpd n Testimony whereof. I here unto set my hand >.nd i E5q9 e. Pa ry ROBERT V. PAL ER PL.lINTIFF V. TWYLA BROWTil-BIEBER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-1975 CIVIL ACTION LAW t7 -n 3 r+n W :zm =;v tJ) ? D C-3 A N O c i G11 IN CUSTODY ORDER OF COURT 3 r r::o n -r: t'{'I C'7 C) -try C? j C-) -it1S 70 AND NOW, _ Frida , July 01, 2011 _ 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 Count Courthouse, Carlisle on Sunday, July 31, 2011 at 10:30 AM for a Pre-Hearing Cu tody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be acc( mplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 'The court h reby 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, Esq Custody Conciliator I 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 a least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or h aring. YOl 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 BELO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 W ?L10 Telephone (717) 249-3166 ed (f? W? , lion co ?c?l y ROBERT V. PALMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW, . TWYLA BROWN-BIEBER, NO. 2005-1975 Gnu cis' Defendant IN CUSTODY C- nz Prior Judge: The Honorable J. Wesley Oler ,f ? COURT ORDER AND NOW, this day of A 16. -1 2011, upon consideration of the petition for contempt filed in this matter and the report of the custody conciliator, it is ordered and directed as follows: A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the -?I)d day of 4011 at 364.m. At this hearing, the mother 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. In the event the father desires to modify the existing custody, father should, on his own or through an attorney, file a petition for modification of the custody order which petition will also be addressed at this hearing. 3. Pending further Order of this Court, the existing order of court dated September 2007 shall remain in effect. Father maintaining custody of the minor child pending said hearing may subject father to a finding of contempt which determination will be made after the hearing in this matter. cc: Charles E. Petrie, Esquire / Mr. Robert V. Palmer IV IV- ?opial , n BY THE COURT, ROBERT V. PALMER, Plaintiff VS. TWYLA BROWN-BIEBER, Defendant Prior Judge: The Honorable J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-1975 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I . The pertinent information pertaining to the child who is the subject of this litigation is as follows: Bobby Jalen Palmer, born August 30, 1994. 2. A Conciliation Conference was held on July 27, 2011, with the following individuals in attendance: The father, Robert V. Palmer, who appeared without counsel, and the mother, Twyla Brown-Bieber, with her counsel, Charles E. Petrie, Esquire. 3. There is an existing order of court from September 2007 giving mother primary physical custody of the minor child. In June of this year, the minor child went to the father's home and has stayed with the father since that time. There; is a dispute between the parties on this issue, as the father suggests the mother called him and basically said she is having problems with the boy and the father should take custody of the boy while the mother simply suggests the boy went for a weekend visitation and the father kept custody of the child. 4. The father relates that the boy claims he may have suffered some abuse at the hands of the mother and that he is always arguing with the mother. Father indicates that he is not holding the child against his will and that it is the child's desire to stay with the father. The mother got the police involved in this situation and, apparently, the police spoke to the child and decided not to remove the child from the father's home. 5. The Conciliator notes that the father should himself file a petition for special relief requesting the court to issue an order modifying the existing order of court. Until such a petition is filed and an order issued, the conciliator believes the father is technically in contempt. 6. A hearing is required and the conciliator recommends an Order in. the form as attached. Date: July °2 l , 2011 0 Hubert X. Gilroy, Esquire Custody Conciliator Roy Galloway, Esquire I.D. No. 206841 717 Market Street, Suite 102 Lemoyne, PA 17043 (717) 737-3300 ROBERT V. PALMER, Plaintiff vs. TWYLA M. BROWN-BIEBER, Defendant OF THE PROTHONOTARY 1011 AUG 19 PM 2: 37 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No: 05-1975 : IN CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: MOTION FOR EMERGENCY CUSTODY AND NOW, this 18'' day of August, 2011 comes the Plaintiff, Robert V. Palmer, by and through his attorney, Roy L. Galloway III, Esquire, and files the within Motion for Emergency Custody; and in support thereof avers as follows: 1. By order of this Court dated September 11, 2007, Plaintiff has temporary physical custody of the minor at such time as agreed upon by the parties, and the Defendant has primary physical custody of the child. 2. At the present time, the child is in the physical custody of Plaintiff, Robert Palmer, and has been for approximately two (2) months because the child is afraid of his mother and wishes to reside with Plaintiff on a full-time basis. 1-7 a, au 0 -L a4y Both Plaintiff and the child have serious concerns for the child's safety and well- being while in Defendant's care due to physical and verbal abuse of the child by his mother, the Defendant. 4. Plaintiff is hereby seeking an Emergency Custody Order granting him primary physical custody of the child due to the following events: a. In March of 2011, child alleges that the Defendant, swung a knife at him as he attempted to retrieve his jacket from the closet which Defendant intended to cut with a knife. It is believed and therefore averred that the Defendant came close to stabling the child with a knife in his upper torso, which is close to several vital organs; b. In April of 2011, the child alleges that his mother, the Defendant, wrapped a chained dog leash around her fist and struck him in his face, and attempted to engage him in a fist fight; c. In May of 2011, the child alleges that the Defendant struck him about his right hand and arm with a dog chain causing swelling in his thumb and the thumb to turn black and blue; d. On or about June 17, 2011, the child alleges that Defendant was traveling at approximately 65 mph going northbound on 183 North around the Union Deposit exit when she entered the traveling lane of a truck and almost had a collision with the truck. Child alleges that mother was extremely drowsy due to taking prescription medication. The child alleges that he convinced defendant to stop the car, and allow him to drive the vehicle, which he did; [2] e. On or about June 18, 2011, child alleges that he and his two eleven (11) year old twin sisters were traveling in a vehicle with defendant when she almost ran the car into a house. The child believes that defendant was driving while under the influence of prescription medication. The child alleges that he and his two sisters had to convince defendant to allow the child to take the wheel of the vehicle so that they could make it to their destination safely. 5. The child has stated that he does not feel safe at Defendant's residence, and is in fear of being physically and emotionally abused by Defendant. 6. The child avers that he feels that Plaintiff's home is a much safer and more stable home environment where he does not have to worry about being physically or emotionally abused. 7. The child has his own room by Plaintiff's home and has proper care and adult supervision. 8. The child has relayed that he and his father, the Plaintiff, have a very good relationship and spends a lot of father-son time together. 9. Specifically, the child has relayed that Plaintiff does the following activities with him: a. takes him to play golf; b. plays video games with him; c. plays basketball with him d. takes him to high school basketball games; e. took him to a LPGA golfing tour, and f. does other activities with him. [3] 10. The child is turning seventeen (17) years old on August 30, 2011, and prefers to live with his father, the Plaintiff, on a full-time basis. WHEREFORE, Plaintiff prays this Honorable Court schedule an Emergency Custody Hearing, and grant him primary physical custody of the child. Respectfully submitted, LAW OFFICE OF ROY GALLOWAY oy AGalloway, Esquire I.D. No. 206841 717 Market Street Suite 102 Lemoyne, PA 17043 (717) 737-3300 [4] VERIFICATION I, Robert V. Palmer, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that any false statements made herein are subject to penalty under 18 Pa. C.S. §4904, relating to unsworn falsification to authorizes. Date: Robert Palmer (Plaintiff) VERIFICATION I, Bobby Palmer, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that any false statements made herein are subject to penalty under 18 Pa. C.S. §4904, relating to unsworn falsification to authorizes. Date: la Bobby Palmer CERTIFICATE OF SERVICE I certify that I served a true and correct copy of the foregoing document upon the person(s) and in the manner indicated below, which satisfies the Pennsylvania Rules of Civil Procedure. Service by first class mail addressed as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 (Counsel for Defendant) Date: 8/19/2011 By: Roy Galloway I.D. No. 206841 717 Market St. Suite 102 (717) 737-3300 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 0 5 - 117 -5 -Civil Term vs va -° M.:. P PRAECIPE a ° -v o ?6 cn '-0 1,01F ' k7 R)) OU(' ?P-11 rL?z C7 17) 7 3 7 - 3 6? David D. Buell, Prothonotary 20 A rney Info: ?N ^ Cst 'p, o tJ fl--1 L S Attey for Plaintiff T? . is z o Z ? r•k ? O V - 3 ?? ROBERT V. PALMER IN THE COURT OF COMMON PLEAS OF n 3 C_-` ` PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAM i' • :-ct M_ ter' . c V. 2005-1975 CIVIL ACTION LAW r?R' TWYLA M. BROWN-BIEBER rV IN CUSTODY x' z DEFENDANT ORDER OF COURT AND NOW, Friday, August 26, 2011 , 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, September 29, 2011 at 3:30 PM 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. 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, Esq. 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 tlofj A& i tr 9 h (??lr?'?Y?-?o??c?l air ROBERT V. PALMER, Plaintiff vs. TWYLA M. BROWN-BIEBER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAII A Z? NO.: 05-1975 z? ? r, .gy -<r n ? m 3 C7 c . IN CUSTODY rn ANSWER -- ? ? x NOW COMES the Defendant, TWYLA M. BROWN-BIEBER, by and through her attorney, Charles E. Petrie, and respectfully answers Plaintiff's Motion for Emergency Custody as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that the child is in the physical custody of Plaintiff at the present time. It is denied that the child is afraid of his mother and wishes to reside with Plaintiff on a full-time basis. 1. Admitted. 3. Denied. Defendant did not physically or verbally abuse the child. 4. a. Denied. Defendant neither stabbed the child, nor did she attempt to stab the child. b. Denied. Defendant did not engage in the conduct described. By way of further explanation, the dog was attached to the leash. Defendant c. Denied. Defendant did not engage in the conduct described. d. Denied. Defendant did not engage in the conduct described. e. Denied. Defendant did not engage in the conduct described. By way of further explanation, the child was driving and he entered an off-ramp as if it were an on-ramp. Defendant took over driving. 5. Denied. The child has never stated this to the Defendant. 6. Denied. The child has never stated this to the Defendant. 7. Admitted. 8. Denied. The child has never stated this to the Defendant. 9. a - f. Denied. The averments set forth in these paragraphs are within the sole knowledge of Plaintiff, and are therefore denied. 10. Admitted in part and denied in part. It is admitted that the child will be seventeen (17) years of age on August 30, 2011. It is denied that he prefers to live with his mother. NEW MATTER - PROPOSAL FOR SETTLEMENT 1. Defendant proposes that Defendant and the child participate in a course of reunification therapy in between the present time and the time of the conciliation conference. Any costs not covered by both parties' insurance will be shared by the parties. Respectfully submitted, CHARLES E. PETRIE 3528 BRISBAN STREET HARRISBURG, PA 17111 (717) 561-1939 (717) 561-4121 FAX PetrieLaw i,AOL.com Sup. Ct. I.D. No. 29029 ROBERT V. PALMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, ENNSYLVANIA Vs. : NO.: 05-1975 TWYLA M. BROWN-BIEBER Defendant IN CUSTODY CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that on August 29, 2011, I mailed a true and correct copy of the foregoing Answer to the Attorney for the Plaintiff, Roy Galloway, Esquire, by United States first-class mail, postage prepaid, addressed as follows: ROY GALLOWAY, ESQUIRE 717 MARKET STREET, SUITE 102 LEMOYNE, PA 17043 CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 PH: (717) 561-1939 FAX: (717) 561-4121 PetrieLaw@AOL.com Attorney for Plaintiff ID# 29029 ROBERT V. PALMER, Plaintiff V. TWYLA M. BROWN-BIEBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-1975 CIVIL TERM IN CUSTODY IN RE: DEFENDANT'S PETITION FOR CIVIL CONTEMPT AND PLAINTIFF'S MOTION FOR EMERGENCY CUSTODY ORDER OF COURT AND NOW, this 2nd day of November, 2011, upon consideration of Defendant's Petition for Civil Contempt and Plaintiff's Motion for Emergency Custody, and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. Roy L. Galloway, III, Esquire 717 Market Street, STE 102 Lemoyne, PA 17043 For the Plaintiff Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 For the Defendant pcb 000, ,,; I eJ ''14'' d C"3 ? ZM i n z? < M _0 ?Z co 0 0 MIN 5 c C)rn x C By the Court, ROBERT V. PALMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TWYLA BROWN- BIEBER, Defendant NO. 05-1975 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR EMERGENCY CUSTODY and DEFENDANT'S PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER AMENDING ORDER OF COURT AND NOW, this 18`h day of November, 2011, upon consideration of the attached letter from Charles E. Petrie, attorney for Defendant, the prior order of court dated November 3, 2011, in the above matter, is hereby amended to state that Plaintiff is adjudicated in contempt and sanctioned to pay attorney's fees to Defendant's counsel in the amount of $500.00, within 30 days of the date of the order. In all other respects, the prior order of court shall remain in full force and effect. BY THE COUR Roy Galloway, Esq. 717 Market Street Suite 102 Lemoyne, PA 17043 Attorney for Plaintiff Charles Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 Attorney for Defendant v Wesley der, 14 J. --r cz?p Q a N te x' d :, z r - 9 a" eopie- CHARLES E. PETRIE ATTORNEY AT LAW 3528 BRISBAN STREET HARRISBURG, PA 17111 (717) 561-1939 FAX (717) 561-4121 PetrieLay?A40L.com November 13, 2011 THE HONORABLE J. WESLEY OLER, JR. JUDGE OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Re: Robert V. Palmer v. Twyla Brown-Bieber No. 05-1975 Dear Judge Oler I am in receipt of your Order in the above case under date of November 3, 2011. I am puzzled that the Defendant was adjudicated in contempt, since the Defendant was the moving party who filed a Petition for a Finding of Contempt against the Plaintiff. I hope that the Order reflects a typographical error, and that the issue can be corrected with an Amended Order. Your attention to this matter is appreciated. Very truly yours Charles E. Petrie CEP/kpr cc: Roy Galloway, Esquire FAX AND MAIL 737-3312 :r