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HomeMy WebLinkAbout05-3551LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 05-3551 CIVIL TERM JOSEPH H. MOWERY, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff in the above-captioned matter, that he did, on August 10, 2005, personally serve the Complaint in the above-captioned matter upon Defendant at the offices of the Cumberland County Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania 17013. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: August 10, 2005 WaynA. Shade Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 N ° C o V "?, 12; a !?'*; r C rn ' c? - ? v ? Wiz:: °- _??: -n ? 7'C U = (,? ..J '? LINDA I. MOWERY, Plaintiff V. JOSEPH H. MOWERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-735Y/ CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims 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 decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 A hearing on the issues of support or alimony pendente lite advanced in the within WAYNF F. SHADE A hornet' at Law 53 West Pomfret Stree Carlisle. Pennsylvania 17013 Complaint is demanded. Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff LINDA L MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW v : NO. 05- 35-5 CIVIL TERM JOSEPH H. MOWER-, Defendant : IN DIVORCE COMPLAINT COUNTI DIVORCE 1. Plaintiff in this Action in Divorce is LINDA I. MOWERY, an adult individual who may be served with process through her attorney of record, Wayne F. Shade, Esquire, 53 West Pomfi-et Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is JOSEPH H. MOWERY, an adult individual and citizen of the United States of America who resides at 98 Hosfeld Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. WAYNE F. SHAUF Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 4. Plaintiff and Defendant were lawfully joined in marriage on August 11, 2002, in the State of Wyoming. 5. The parties have been living separate and apart since July 11, 2005. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. In the alternative, Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. 9. Both parties to this Action in Divorce are legally capable of managing their own WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 concerns. -3- 10. Defendant herein is not a member of the armed forces of the United States of America. 11. There was one child born to the parties, namely, Jacob Haller Mowery, born November 6, 2002. 12. Plaintiff has no adequate means of support for Plaintiff or the child. 13. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 14. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein WAYNE F. SHADE Attorney at Law 53 West Pora iet Street Carlisle, Pennsylvania 17013 by reference as though fully set forth. -4- 15. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by the Court. WHEREFORE, Plaintiff demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. COUNT III SPOUSAL SUPPORT, ALIMONY AND ALIMONY PENDENTE LITE 16. The averments of Paragraphs I through 13 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay to Plaintiff spousal support or, in the alternative, alimony and alimony pendente lite. COUNT IV COUNSEL FEES, EXPENSES AND COSTS 17. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay counsel WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 fees, expenses and costs of Plaintiff. -5- COUNT V CUSTODY 18. The averments of Paragraphs 1 through 13 inclusive above and the averments of a separate Complaint for custody filed concurrently herewith are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment awarding custody of the child to Plaintiff. Z.y/ C Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE -G- Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 I verify that the statements made in this pleading 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: July 13, 2005 Linda I. Mowery, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: Linda I. Mowery DOB: May 16, 1959 SSN: 174-54-2577 ADDRESS: 53 West Pomfret Street, Carlisle, PA 17013 PHONE: 717-243-0220 ATTORNEY: Wayne F. Shade PETITIONER'S EMPLOYMENT: None NET PAY: PER: HOW LONG: JOB TITLE: OTHER INCOME (AMOUNT, SOURCE): $500/month from a note and approximately $500/month from rent RESPONDENT: Joseph H. Mowery DOB: February 10, 1950 SSN: Unknown ADDRESS: 98 Hosfeld Road, Carlisle, PA 17013 PHONE: 717-249-5538 ATTORNEY: Unknown RESPONDENT'S EMPLOYMENT: Family business NET PAY: Unknown PER: JOB TITLE: OTHER INCOME (AMOUNT, SOURCE): Unknown HOW LONG: 35 years WHEN MARRIED: August 11, 2002 WHERE: Wyoming DATE SEPARATED: July 11. 2005 WHERE LAST LIVED TOGETHER: 98 Hosfeld Road, Carlisle, PA 17013 FOR DRS INFORMATION ONLY n '•" o t C t _ y 7z) C'I ,n -41 A ? ?e y_ LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. JOSEPH H. MOWERY, : NO. 05- .14W1 CIVIL TERM Defendant : IN DIVORCE -CUSTODY COMPLAINT FOR CUSTODY Plaintiff LINDA I. MOWERY is an adult individual who may be served with process through her attorney of record, Wayne F. Shade, Esquire, 53 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant JOSEPH H. MOWERY is an adult individual who resides at 98 Hosfeld Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of Jacob Haller Mowery, born November 6, 2002. 4. The child was not born out of wedlock. 5. WAYNE F. SHADE II t Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 5 17013 During the life of the child, the child resided with his mother at 1581 Walnut ottom Road, Carlisle, Cumberland County, Pennsylvania 17013, until on or about May 2005. The parents of the child, although married, did not live together until the mother moved into the father's aforesaid residence on or about May 5, 2005. The parties lived together at the father's aforesaid residence until July 11, 2005, when the father evicted the mother from his residence. 6. The relationship of Plaintiff to the child is that of biological mother. 7. The relationship of Defendant to the child is that of biological father. 8. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning tho custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. Plaintiff does not know of a person not a party to these proceedings who has hysical custody of the child or claims to have custody or visitation rights with respect to ie child. WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 11. The best interests and general welfare of the child will be served by granting the relief requested for the reason that the mother has devoted herself to caring for the child, while the father has abandoned the mother and the child physically, financially and emotionally. 12. 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. WHEREFORE, Plaintiff requests a grant of primary physical custody with respect to the child. Wayne-. Shade Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomftel Street Carlisle, Pennsylvania 17013 -3- I verify that the statements made in this pleading 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: July 13, 2005 Lind . Mowery WAYNE F. SHADE Attorney at Law 53 West Pomfret Sheet Carlisle, Pennsylvania 17013 r? n -kA _ fTl -- \-lr? A LINDA I. MOWERY IN THE COURT OF COMMON PLEAS OF PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH H. MOWERY DEFENDANT 05-3551 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 20, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Rubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 26, 2005 at 10:30 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. Faiilure 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 JTsq. 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 pr' So-)P-L. ?z :Z N?':4 1 z IF Saga ' ?4i f1\<uet\m0weryetapecire1 LINDA IRENE MOWERY, Plaintiff/ Respondent V. JOSEPH H. MOWERY, Defendant/ Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05 - 3551 : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY PETITION FOR SPECIAL RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: Petitioner, JOSEPH H. MOWERY, by and through his attorneys, Stone LaFaver & Shekletski, respectfully represents as follows: 1. Your Petitioner is JOSEPH H. MOWERY, an adult individual, residing at 98 Hosfeld Road, Carlisle, PA 17013. 2. The Respondent is LINDA IRENE MOWERY, an adult individual, residing at 1581 Walnut Bottom Road, Carlisle, PA 17013. 3. The Petitioner seeks shared custody of JACOB HALLER MOWERY who resides at 1581 Walnut Bottom Road, Carlisle, PA 17013, is two years and eight months years of age having been born on November 6, 2002. 4. The petitioner and respondent are husband and wife although a complaint in divorce was filed to No. 05-3551 Civil 2005 in the Court of Common of Cumberland County, Pennsylvania. 5. The petitioner and respondent, although married on August 11, 2002, have lived separate and apart since they returned from their -1- honeymoon, on or about August 20, 2002, after which time the said minor child has resided since his birth with the Respondent and has continued to reside with the Respondent at 1581 Walnut Bottom Road through the present. 6. On or about August 8, 2005, the respondent has informed the Petitioner that she was not going to return the child to him, or allow him to see or speak to his son. 7. Since August 8, 2005, petitioner has been unable to see the child or talk with the child and all attempts to telephone the child or the respondent have gone unanswered. Petitioner has only been able to leave a message on respondent's answering machine and none of the messages have been returned. 8. Petitioner seeks an order restoring the status quo and granting temporary custody of JACOB HALLER MOWERY to petitioner JOSEPH H. MOWERY until such time as this matter is resolved by agreement or further order of court. 9. A custody conciliation had been scheduled before Jacqueline M. Verney, Esquire, to be held on Friday, August 26, 2005. This hearing was continued because counsel for the Respondent, Wayne Shade, Esquire, notified undersigned counsel on Thursday, August 25, 2005, at 10:30 a.m., that he was withdrawing from the case. 10. Currently, the custody conciliation is rescheduled for Monday, September 19, 2005, at 10:30 a.m 11. Petitioner seeks this special relief in the form of a hearing so that he can hopefully see his son before September 19, 2005. -2- , petitioner requests this Honorable Court to enter an order granting temporary physical custody of JACOB HALLER MOWERY to JOSEPH H. MOWERY. Dated: wJt ?b! 1 STONE LaFAVER & By- ELI Suprem?urt #6 1 414 ?idge S ee P.C. Box E Cumber nd A 17070 Telephone 1 774-7435 Attorne or Petitioner -3- CERTIFICATE OF SERVICE; I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served this 11day ofr , 2005, by First Class Mail, upon: Linda Irene Mowery 45 Half Mile Drive Gardners, PA 17324 Linda Irene Mowery 1581 Walnut Bottom Road Carlisle, PA 17013 STONE LAFAVER & BY: New Cumbe 1 fid, PA 17070 (717) 77"4-- 35 I.D. #60X51 r? ? ca ri :Jrn C3 < fl\div\MOWSRY,JOSEPH-divcomplaint LINDA IRENE MOWERY, Plaintiff/ Respondent V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3551 JOSEPH H. MOWERY, CIVIL ACTION - LAW Defendant/ IN DIVORCE & CUSTODY Petitioner ANSWER WITH COUNTERCLAIM TO COMPLAINT IN DIVORCE UNDER § 3301(d) and COUNTER-COMPLAINT FOR CUSTODY COUNT I - IN DIVORCE 1. Admitted. 2. Admitted. By way of further answer, the Defendant has resided at said location for the last twenty five years. 3. Admitted. 4. Admitted. 5. Denied. By way of further answer, the parties have never co- habited together. The Defendant avers that upon the parties return from their honeymoon, on or about August 20, 2002, the parties moved into their separate homes. The Defendant returned to his lifelong homestead located on Hosfeld Road, and the Plaintiff moved into the home that she had co-habitated with her prior lover, located at 1581 Walnut Bottom Road. -1- 6. Admitted and Denied. It is admitted that the marriage is irretrievably broken. It is specifically denied that the Defendant has made the Plaintiff's life intolerable. It is averred that the Plaintiff verbally and physically abused the Defendant for the last three years, to the extent that the police have been called on numerous occasions, and the Defendant has had to seek medical attention for various injuries he has suffered at the hands of his deranged wife. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied. By way of further answer, the Plaintiff deliberately quit her job with Verizon (Sprint) nearly two years ago after earning over $75,000 per year, and recognized over the last fifteen years as the top sales representative throughout her years of service. The Plaintiff also purchased and sold several businesses that were in her name alone during the course of their marriage. It is averred that the Plaintiff is a savvy and intelligent 46 year old woman, capable of handling her own financial affairs and caring for herself financially. 13. Neither admitted nor denied. The Defendant would have no knowledge as to what Plaintiff has been adv__sed by her counsel. -2- WHEREFORE the Petitioner requests the court to enter a decree of divorce. COUNT II - EQUITABLE DISTRIBUTION 14. Defendant's answers to Plaintiff's Complaint in paragraphs I through 13 above are incorporated herein by reference as though fully set forth. 15. Admitted and Denied. The parties signed a prenuptial agreement dated August 6, 2002, setting forth each of the parties rights and responsibilities with regard to individual business and personal investments. It is admitted that the parties have collected several items during their marriage; however, since the parties never co-habitated, or co-mingled their assets, the division of alleged said property may be dictated by the prenuptial; therefore, it is denied that any of these various items will be subject to marital distribution. Further, the Plaintiff has stolen rugs and broken family antiques belonging to the Defendant's family, and those items will need to be included to set off any of 1_he Plaintiff's alleged claims. the Petitioner requests the court to enter a decree of divorce. -3- COUNT III SPOUSAL SUPPORT, ALIMONY AND ALIMONY PENDENTE LITE 16. Defendant's answers to Plaintiff complaint in paragraphs 1 through 15 inclusive above are incorporated herein by reference as though fully set forth. Denied. This paragraph fails to include a claim or averment for which an answer is required. If an answer is required, it is specifically denied. the Petitioner requests the court to deny Plaintiff's requests for spousal support, alimony and alimony pendente lite and enter a decree of divorce. COUNT IV COUNSEL FEES, EXPENSES AND COSTS 17. Defendant's answers to Plaintiff's complaint in paragraphs 1 through 16 above are incorporated herein by reference as though fully set forth. Denied. This paragraph fails to include a claim or averment for which an answer is required. If an answer is required, it is specifically denied. -4- WHEREFORE the Petitioner requests the court to award counsel fees, expenses and costs to Defendant/Petitioner and enter a decree of divorce. COUNT V - CUSTODY 18. Defendant's answers to Plaintiff's complaint in paragraphs 1 through 17 inclusive above and the averments contained in the following counterclaim are incorporated her=ein by reference as though fully set forth. Denied. This paragraph also fails to include a claim or averment for which an answer is required. If an answer is required, it is specifically denied. WHEREFORE the Petitioner requests the court to award the Defendant custody of his minor child and enter a decree of divorce. COUNTERCLAIM FOR DIVORCE UNDER 3301 (D) 19. Defendant's answers to Plaintiff's complaint in paragraphs 1 through 18 inclusive above and the averments contained in the following counterclaim are incorporated herein by reference as though fully set forth. -5- 20. The Petitioner in this action is JOSEPH H. MOWERY, an adult individual, who has resided at 98 Hosfeld Road, Carlisle, Cumberland County, Pennsylvania, for the last twenty five (25) years. 21. The Respondent in this action is Linda Irene Mowery, an adult individual, who currently resides at 45 Half Mile Drive, Gardners, Pennsylvania, with her parents. On or about June 1, 2005, Respondent, as a landlord, recently signed a lease agreement for six months, and rented her home on Walnut Bottom Road to a third party. Respondent moved in with her parents, then with the Petitioner, then back with her parents. Prior to June 1, 2005, Respondent lived exclusively in her home located at 1581 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, which she purchased in 2002, during the marriage, in her name alone. This address was documented in the above referenced prenuptial signed by the parties on August 6, 2002, and listed a personal real estate property that would remain the Respondent's in the event of the dissolution of the marriage. 22. The Petitioner and Respondent were lawfully joined in marriage on August 11, 2002, in Jackson Hole, Wyoming. 23. The parties separated on or about August 20, 2002, immediately after the couple returned from their honeymoon. 24. It is specifically averred that the parties have lived separate and apart for more than two (2)years as required by the statutes. It is specifically averred that the only periods of co- -6- habitation precipitated and were in contemplation of the Plaintiff/Respondent's petition for spousal support. 25. It is averred that the only period of co-habitation took place in 2005. The Respondent moved in with Petitioner on or about May 5, 2005, through July 11, 2005, at Petitioner's home. The Respondent slept in the guest room for ;-f of this visit. The Respondent moved out for several weeks. The Respondent returned again on July 15, 2005, through August 8, 2005. These are the only times of cohabitation for the entire marriage. It became clear during this second visit that the Respondent had no intention of remaining in the marital home as the Respondent presented to the Petitioner a spousal waiver paper to sign prepared by counsel for the Respondent so that the Respondent could buy a new $350,000 property. 26. The Petitioner avers that one child has been born of this marriage. 27. The Petitioner has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE the Petitioner requests the court to find that the parties have been separated for more than two (2) years and enter a decree of divorce under 53301 (d) of the Divorce Code. -7- COUNT I - CUSTODY 28. Paragraphs one (1) through twenty-seven (27) are incorporated herein by reference as though fully set forth at length. 29. The Petitioner is JOSEPH H. MOWERY, an adult individual, residing at 98 Hosfeld Road, Carlisle, PA 17013. 30. The Respondent is LINDA IRENE MOWERY, an adult individual, residing at 1581 Walnut Bottom Road, Carlisle, PA 17013. 31. The Petitioner seeks shared custody of JACOB HALLER MOWERY who resides at 1581 Walnut Bottom Road, Carlisle, PA 17013, is two years and five months years of age having been born on November 6, 2002. The child was not born out of wedlock. The child is presently in the custody of his mother, the Plaintiff/Respondent above-named. During the past two and a half years, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES LINDA IRENE MOWERY 1581 Walnut Bottom Road Carlisle, PA The mother of the child is LINDA IRENE MOWERY currently residing at 1581 Walnut Bottom Road, Carlisle, PA 17013 or at 45 Half Mile Drive, Gardners, Pennsylvania, her parents house. She is married to the Petitioner. -8- The father of the child is JOSEPH H. MOWERY currently residing at 98 Hosfeld Road, Carlisle, PA 17013. He is married to the Plaintiff/Respondent. 32. The relationship of Petitioner to the child is that of father. The Petitioner currently resides with the following persons: NAME RELATIONSHIP Cameron Haller Mowery Son to prior marriage 33. The relationship of Plaintiff/Respondent to the child is that of mother. The Plaintiff/Respondent currently resides with the following persons: NAME RELATIONSHIP Subject minor child Son 34. Petitioner/Respondent 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. Petitioner/Respondent has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Petitioner/Respondent 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 the child. 35. The best interest and permanent welfare of the child will be served by granting the relief requested because: -9- (a) The child has spent enough time with his father since birth who has provided a continuous loving relationship with the child; (b) The father is able to provide a stable home and family environment for the child allowing the child opportunity to spend time with the child's mother consistent with a schedule the parties have arranged between themselves; (c)The child's half brother, Cameron, age 13, lives with their father full-time, and they enjoy a wonderful sibling relationship; (d) The father is semi-retired and is able to be a full-time stay at home parent when necessary; (e) The mother has exhibited signs of post partum, a mental illness, since the birth of this minor child, and has been seen by several doctors who have indicated that further treatment and visits would be advisable to diagnose and monitor the mother's illness; (f) The mother is subject to fits of anger and physical abuse and has been both physically and verbally abusive to both the father and the minor child; (g) The mother has begun to physically abuse the child using ropes and other tying objects to restrain the child in a chair for punishment purposes; -10- (h) The mother has deliberately withheld visitation from the father for the last several weeks. (i) The father is concerned for the health, safety and welfare of the minor child if the mother is given full custody, given mother's volatile state of mind as indicate by how many times the police have been called to remove the mother from his home. 36. 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. WHEREFORE, the father requests the court to grant custody of the child, Jacob, awarding him primary physical custody, with the mother enjoying liberal visitation rights. Dated; vQ SiyJp STONE LaFAVER & SHEKLETSKI By -11- ELIZABE ONE Supre Cou ID # 0251 914 ridge tree P.O. Box E N Cumb 1 d, A 17070 elepho e 7 7- 4-7435 Attorn?ays or Petitioner 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 P.C.S. §4904, relating to unsworn falsification to authorities. i2 OSEPH H. MOWERY -5- CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served this '0?(?day of ,S t' 2005, by First Class and Certified Mail, upon: Linda Irene Mowery 45 Half Mile Drive Gardners, PA 17324 Linda Irene Mowery 1581 Walnut Bottom Road Carlisle, PA 17013 t`7 c? "L? a in rO J FlVcustA?weryetepecirel LINDA IRENE MOWERY, Plaintiff/ Respondent V. JOSEPH H. MOWERY, Defendant/ Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3551 : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY AMENDED PETITION FOR SPECIAL RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: Petitioner, JOSEPH H. MOWERY, by and Lhrough his attorneys, Stone LaFaver & Shekletski, respectfully represents as follows: 1. Your Petitioner is JOSEPH H. MOWERY, an adult individual, residing at 98 Hosfeld Road, Carlisle, PA 17013. 2. The Respondent is LINDA IRENE MOWERY, an adult individual, residing at 1581 Walnut Bottom Road, Carlisle, PA 17013. 3. The Petitioner seeks shared custody of JACOB HALLER MOWERY who resides at 1581 Walnut Bottom Road, Carlisle, PA 17013, is two years and eight months years of age having been born on November 6, 2002. 4. The petitioner and respondent are husband and wife although a complaint in divorce was filed to No. 05-3551 Civil 2005 in the Court of Common of Cumberland County, Pennsylvania on July 13, 2005, with an Answer and Counterclaim filed on August. 26, 2005. -1- 5. The petitioner and respondent, although married on August 11, 2002, have lived separate and apart since they returned from their honeymoon, on or about August 20, 2002, after which time the said minor child has resided since his birth with the Respondent and has continued to reside with the Respondent at 1581 Walnut Bottom Road through the present. 6. From birth until August 8, 2005, the petitioner had daily contact with his son, sometimes overnight, for weekends, or just daytime care. 7. On or about August 8, 2005, the respondent has informed the Petitioner that she was not going to return the child to him, or allow him to see or speak to his son. 8. Since August 8, 2005, petitioner has been unable to see the child or talk with the child and all attempts to telephone the child or the respondent have gone unanswered. Petitioner has only been able to leave a message on respondent's answering machine and none of the messages have been returned. 9. Petitioner seeks an order restoring the status quo allowing him daily contact and granting the proposed temporary custody order of JACOB HALLER MOWERY to petitioner JOSEPH H. MOWERY until such time as this matter is resolved by agreement or further order of court. 10. A custody conciliation had been scheduled before Jacqueline M. Verney, Esquire, to be held on Friday, August 26, 2005. This hearing was continued because counsel for the Respondent, Wayne Shade, -2- Esquire, notified undersigned counsel on Thursday, August 25, 2005, at 10:30 a.m., that he was withdrawing from the case. 11. Currently, the custody conciliation is rescheduled for Monday, September 19, 2005, at 10:30 a.m.. 12. Petitioner seeks this special relief so that he can have his custody visitation rights restored prior to September 19, 2005. 13. It is believed and therefore averred that the respondent is planning on flying out of state to visit relatives from September 8, 2005 with no return date set. Petitioner is concerned that the Respondent will deny petitioner visitation rights with his child until after the conciliation which will mean that he will be denied over one month of daily contact with his child. , petitioner requests this Honorable Court to enter an order restoring status quo, granting temporary physical custody rights of JACOB HALLER MOWERY to JOSEPH H. MOWERY as proposed in the following order. STONE LaFAVER & By- EL r eme o t P.O. 4 E3e S et I 025 Box E ew C: er1 PA 17070 Telep one 1 -774-7435 At`f:orne s for Petitioner Dated: September 6, 2005 -3- fy 4.? CJ ? .H <f' ? T ?? dt'i ?? -'Q .?( 1 )?) ?.? fP .? :? N In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LINDA I. MOWERY ) Docket Number 05-3551 CIVIL Plaintiff ) Vs. ) PACSES Case Number 606107595 JOSEPH H. MOWERY ) Defendant ) Other State ID Number ORDER OF COURT You, LINDA I. MOWERY plaintiff/defendant of CIO W ALICE S SEDELL, 45 HALF MILE DR, GARDNERS, PA. 17324-8927-45 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the OCTOBER 19, 2005 at 9: ooAM fora hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Form CM-509 Service Type m Worker ID 21302 MOWERY V. MOWERY PACSES Case Number: 606107595 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 r-a f G? -: cn <. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LINDA I. MOWERY ) Docket Number 05-3551 CIVIL Plaintiff ) VS. ) PACSES Case Number 606107595 JOSEPH H. MOWERY Defendant ) Other State ID Number ORDER OF COURT You, JOSEPH H. MOWERY plaintiff/defendant of 98 HOSFELD RD, CARLISLE, PA. 17013-9425-98 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the OCTOBER 19, 2005 at 9 : ooAM fora hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Form CM-509 Service Type M Worker ID 21302 MOWERY v. MOWERY PACSES Case Number: 606107595 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either parry based upon the evidence presented without regard to which parry initiated the support action. BY THE COURT: Date of Order: 9 -Y -0? JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 G7 LINDA IRENE MOWERY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH H. MOWERY, DEFENDANT 05-3551 CIVIL TERM ORDER OF COURT AND NOW, this (Z.- day of September, 2005, a conciliation conference being scheduled for September 19, 2005, this amended petition for special relief, IS DENIED. An order can be entered following the conciliatiorr copference. By the Court, Edgar ?Elizabeth B. Stone, Esquire For D fendant J inda Irene Mowery :sal 0 9 '/-3 "Q5 J. jJL"2.!i.n -?: _I X1.1. «lI 4RECEIVED SEP 20 2005 ?-- LINDA 1. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSEPH H. MOWERY, : NO. 2005-3551 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this o6t A? day of 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. o? , of the Cumberland County Court House, on the 30bkday of 2005, at I 3b o'clock, 19 . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Mother, Linda I. Mowery, and the Father, Joseph H. Mowery shall have shared legal custody of Jacob Haller Mowery, born November 6, 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. 4. Mother shall have primary physical custody of the child. 5. Father shall have the following periods of partial physical custody of the child: A. Beginning September 22, 2005, every Thursday from 4:00 p.m. to 7:30 p.m. B. Beginning September 25, 2005 three weekends out of four from Sunday at 1:00 p.m. to Tuesday at 7:00 a.m. C. Such other times as the parties can agree. 6. Thanksgiving shall be shared such that Father shall have physical custody from 9:00 a.m. to 3:00 p.m. and Mother shall have physical custody from 3:00 p.m. to 9:00 P.M. 7. Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. For 2005, Mother shall have Block A and Father shall have Block B 8. Father shall be responsible for all transportation unless otherwise agreed by the parties. 9. The parties shall cooperate with a custody evaluation conducted by a Custody Evaluator selected by counsel for the parties. Father shall pay for the evaluation but reserves the right to request the Court to apportion the costs of the evaluation. 10. Both parties shall refrain from taking or possessing illegal drugs and using alcohol to the point of intoxication immediately before or during their periods of physical custody. 11. Father shall secure all guns and fire arms in locked cabinets. 12. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE Edgar B. Bayley, ( J. cc ?xifuel Andes, Esquire, counsel for Mother lizabeth B. Stone, Esquire, counsel for Father J a OR FILED-CTICE OF THE PROTHDNOTARY 2005 SEP 22 PH 3: 05 CU UPvrt r rl, ? ? "' I?A LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSEPH H. MOWERY, : NO. 2005-3551 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob Haller Mowery November 6, 2002 Mother 2. A Conciliation Conference was held September 19, 2005 with the following individuals in attendance: The Mother, Linda I. Mowery, with her counsel, Samuel Andes, Esquire, and the Father, Joseph H. Mowery, with his counsel, Elizabeth B. Stone, Esquire. 3. The Honorable Edgar B. Bayley entered an Order of Court dated September 12, 2005 denying Father's Petition for Special Relief. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having alternating weekends Sunday at 1:00 p.m. to Monday at 6:00 p.m. Mother maintains that the child has never stayed overnight with Father without Mother, that Father has guns that are not properly secured in the home and that he has a drug and alcohol problem. Mother agrees to cooperate with a custody evaluation but asserts that she does not have the assets to pay for her portion of the expense. 5. Father's position on custody is as follows: Father seeks shared legal custody and daily contact with the child including overnights. Father maintains that Mother has black out spells. Father also suggests that Mother has denied Father access to the child. Father agrees to cooperate with a custody evaluation but reserves the right to ask the court to apportion to cost thereof. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having three weekends out of four from Sunday at 1:00 p.m. to Tuesday at 7:00 a.m. and every Thursday from 4:00 p.m. to 7:30. It is expected that the Hearing will require one day. q-,a a-&s A. Date acq line M. Verney, Esquire Custody Conciliator LINDA I. MOWERY, Plaintiff ) vs. ) JOSEPH H. MOWERY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this ?7-)- day of November 2005, upon the agreement of the parties, we hereby cancel the hearing scheduled for November 30, 2005. The terms and provisions of our order of September 22, 2005 shall remain in effect. In the event that either of the parties wishes to make modifications or adjustments to that order in the future, they shall do so by filing a petition to modify which will be referred DISTRIBUTION. Samuel L. Andes, Esquire (Attorney for Plaintif? 525 North 12'" Street, P.O. Box 168, Lemoyne, PA 17043 Elizabeth B. Stone, Esquire (Attorney for Defendant) 414 Bridge Street, P.O. Box E, New Cumberland, PA 17070 /1- as -OJ {L;: " [? i ? .., i ? ? C-.r y: f} _?- :? 5?1 i ( .? .Y, ?f' L%.-. 4 a ??. C l f. LINDA I. MOWERY, ) IN THE COURT OF COMMON Plaintiff ? PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW ? JOSEPH H. MOWERY, ) NO. 2005-3551 CIVIL TERM Defendant ? IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance in the above matter for LINDA I. MOWERY. Dated:AAAti? 3 a0O6 Samuel L. Andes Attorney for Linda I. Mowery 525 North 12`n Street Lemoyne, PA 17043 717-761-5361 Supreme Court ID #17225 Please withdraw my appearance in the above matter for LINDA I. MOWERY. Dated: A" 7o2GO6 Wayne F<. Shade 53 West Pomfret Street Carlisle, PA 17013 717-243-0220 LINDA I. MOWERY, Plaintiff vs. JOSEPH H. MOWERY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN CUSTODY PRAECIPE Please enter my appearance in the above matter for LINDA I. MOWERY. Dated: .2o0 6 1?( wr??? - Sa . Andes Attorney for Linda I. Mowery 525 North 12`h Street Lemoyne, PA 17043 717-761-5361 Supreme Court ID #17225 Please withdraw my appearance in the above matter for LINDA 1. MOWERY. Dated: /flaktA ac6"g Wayne AF. Shade 53 West Pomfret Street Carlisle, PA 17013 717-243-0220 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LINDA I. MOWERY ) Docket Number 05-3551 CIVIL Plaintiff ) VS. ) PACSES Case Number 606107595 JOSEPH H. MOWERY ) Defendant ) Other State ID Number ORDER OF COURT You, LINDA I. MOWERY plaintiff/defendant of 1581 WALNUT BOTTOM RD, NEWVILLE, PA. 17241-9521-81 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 20, 2006 at 10: 30AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 MOWERY v• MOWERY PACSES Case Number: 606107595 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: 00, Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 r-a t"- ?-. {"`, ' w+ ? t =- _? ? ; + C'_f i ?? ) _ : ? t.. . .z.. ?_. ?: ---1 ` `? ??- G i OWL. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LINDA I. MOWERY ) Docket Number 05-3551 CIVIL Plaintiff ) VS. ) PACSES Case Number 606107595 JOSEPH H. MOWERY ) Defendant ) Other State ID Number ORDER OF COURT You, JOSEPH H. MOWERY plaintiff/defendant of 98 HOSFELD RD, CARLISLE, PA. 17013-9425-98 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 20, 2006 at 10:3 0AM fora hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 MOWERY If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either parry based upon the evidence presented without regard to which parry initiated the support action. BY THE COURT: :'? . '* X4 Date of Order:) (-13-- OAo JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v. MOWERY CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 PACSES Case Number: 606107595 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 r? ; e?--`?# ? ?:? t.` :3 -1. ?? ?? .V 3 t-?- - ?`% - __ ? ?i In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LINDA I. MOWERY ) Docket Number 05-3551 CIVIL Plaintiff ) VS. ) PACSES Case Number 606107595 JOSEPH H. MOWERY Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, LINDA I. MOWERY of 1581 WALNUT BOTTOM RD, NEWVILLE, PA. 17241-9521-81 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 3 0TH DAY OF JANUARY, 2 0 0 7 at ?O 0 pM for a hearing. This date replaces the prior hearing date of DECEMBER 2 0, 2 0 0 6 . You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Service Type M Worker ID 21302 MOWERY V. MOWERY PACSES Case Number: 606107595 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either parry based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LINDA I. MOWERY ) Docket Number 05-3551 CIVIL Plaintiff ) VS. ) PACSES Case Number 606107595 JOSEPH H. MOWERY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, JOSEPH H. MOWERY 98 HOSFELD RD, CARLISLE, PA. 17013-9425-98 of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 I -.u3 On the 30TH DAY OF JANUARY, 2007 at ppm for a hearing. This date replaces the prior hearing date of DECEMBER 2 0, 2 0 0 6 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Worker ID 21302 A MOWERY V. MOWERY PACSES Case Number: 606107595 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: --Z ? . 4 * A W/U Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Worker ID 21302 LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOSEPH H. MOWERY, PACSES NO. 981107490 Defendant DOCKET NO. 568 SUPPORT 2005 LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOSEPH H. MOWERY, PACSES NO. 606107595 Defendant DOCKET NO. 05-3551 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1- 2005 corporate tax return, Cumberland Golf Club Plaintiff's Exhibit No. 2 - 2004 corporate tax return, J Bar 4, Inc. Plaintiff s Exhibit No. 3 - Termination letter Plaintiff s Exhibit No. 4 - Offer of employment Plaintiff s Exhibit No. 5 - 2006 W-2 Plaintiff s Exhibit No. 6 - 2005 personal tax return Defendant's Exhibit No. 1 - 2005 personal tax return s'°a ? ' ?? ?_ ??? . ....? t ?„yv ? ??? F^ ? t - ? ? ^ *?w , ,y ? ? V a LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOSEPH H. MOWERY, PACSES NO. 981107490 Defendant DOCKET NO. 568 SUPPORT 2005 LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOSEPH H. MOWERY, PACSES NO. 606107595 Defendant DOCKET NO. 05-3551 CIVIL INTERIM ORDER OF COURT AND NOW, this 7th day of February, 2007, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his child, Jacob H. Mowery, born November 6, 2002, the sum of $496.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $100.00 per month on arrearages until paid in full. C. The Defendant shall provide health insurance coverage for the benefit of said child as provided through his employment or other group coverage at a reasonable cost. D. The Defendant shall pay 62% of the unreimbursed medical expenses incurred by said child as that term is defined in Pa. R.C.P. 1910.16-6(c). E. The Defendant is given credit on arrearages for direct payments to the Plaintiff totaling $300.00. F. The effective date of this order is July 13, 2005. G. The Plaintiff's claim for alimony pendente lite is denied. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED THAT, UPON PAYOR' S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, Kevin A. Hess, J. Cc: Linda I. Mowery Joseph H. Mowery Samuel L. Andes, Esquire For the Plaintiff Elizabeth B. Stone, Esquire For the Plaintiff DRO LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOSEPH H. MOWERY, PACSES NO. 981107490 Defendant DOCKET NO. 568 SUPPORT 2005 LINDA I. MOWERY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOSEPH H. MOWERY, PACSES NO. 606107595 Defendant DOCKET NO. 05-3551 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on January 30, 2007, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Linda I. Mowery, who resides at 1581 Walnut Bottom Road, Newville, Pennsylvania: 2. The Defendant is Joseph H. Mowery, who resides at 98 Hosfelt Road, Carlisle, Pennsylvania. 3. The parties were married on August 11, 2002. 4. The parties are the parents of Jacob H. Mowery, a minor child born November 6, 2002. 5. During the course of their four and a half year marriage the parties have resided together for approximately two months, that being the late spring and early summer of 2005 when the Plaintiff resided with the Defendant in his home. 6. After moving from the Defendant's home in July, 2005 the Plaintiff filed a complaint for spousal and child support on July 13, 2005 and a complaint for divorce in which she made a claim for alimony pendente lite. 7. When the parties married in 2002 the Plaintiff was employed as a sales representative for Sprint. EXHIBIT "A" 8. The Plaintiff had an annual salary of $52,000.00 and typically received end-of-year bonuses averaging $10,000.00 to $15,000.00. 9. The parties' son was born two months premature. 10. The Plaintiff took a leave of absence from her employment immediately following the birth of the child. 11. In May, 2003 the Plaintiff was notified that her position with Sprint was eliminated. 12. Since the elimination of her position with Sprint, the Plaintiff has made minimal efforts to obtain new employment. 13. On May 22, 2006 the Plaintiff obtained a position as a seasonal food service worker for the Pennsylvania Department of Conservation and Natural Resources at the Kings Gap Environmental Education and Training Center. 14. The Plaintiff works an average of 15 hours per week (two days) and is paid $10.62 per hour. 15. The Plaintiff owned an ice cream sales business which she sold in May, 2002. 16. The Plaintiff is holding a second mortgage on the property and is receiving interest only of $500.00 per month pending receipt of a balloon payment of principal in May, 2008. 17. The Plaintiff owned real estate in which she had operated a flower shop until July, 2003. 18. The Plaintiff sold said real estate and utilized the proceeds thereof to pay debts and support herself. 19. The proceeds of the sale have been exhausted. 20. The Plaintiff owns stock in Bell South valued at approximately $26,000.00 from which she derives dividends of approximately $593.00 per year. 21. The Plaintiff owns the house in which she resides. 22. The Plaintiff estimates the home's value at $177,000.00. 23. The Plaintiff has a mortgage on the home with a balance of approximately $104,000.00 and monthly payments of $1,122.00. 24. The Plaintiff has a retirement account with a value of approximately $232,900.00 as of December 31, 2006. 2 25. The Plaintiff withdrew $35,000.00 from said account in October, 2006 which she utilized to support herself. 26. The Plaintiff recently contracted to have a 999 square foot garage constructed on her property at a cost of $21,000.00, of which she has paid $2,500.00 with the balance due in April, 2007. 27. The Plaintiff files her federal income tax return as married/separate and claims the child as a dependency exemption. 28. The Defendant is a golf club professional. 29. During the golf season (March through December) the Defendant works 25 to 30 hours per week at the golf course. 30. The Defendant is employed by Cumberland Golf Club, a family owned subchapter "S" corporation of which he has a 12.25% ownership interest.] 31. The Defendant earns an annual salary of $26,000.00. 32. The Defendant has a history of using business credit cards to pay personal expenses. 33. The corporation treats said charges as loans to stockholders for tax purposes. 34. The corporation does not anticipate repayment of said loans. 35. The Defendant made charges totaling $2,333.00 in 2005. 36. The Defendant is a 25% stockholder in J. Bar 4, Inc., a subchapter "S" corporation which operates the bar/lounge located in the Midway Bowling Center. 37. The Defendant is a 25% stockholder in Silver Cup Lounge, Inc., a subchapter "S" corporation which operates the bar/lounge located at the Cumberland Golf Club. 38. The Defendant has annual dividends of $927.00 from stock owned in Adams County National Bank. 39. The Defendant paid taxes on pass through income totaling $5,055.00 from the various corporate entities in 2005 but received only $340.00 in actual distributions. 40. The Defendant resides in a home which he owns on a 60 acre parcel of agricultural land. ' The Defendant's mother has a 51% ownership interest and each of three brothers has a 12.25% ownership interest. 41. The Defendant receives farm rent of approximately $300.00 annually from a neighbor. 42. The Defendant has a 15 year old son from a prior relationship residing in his household. 43. The Defendant receives no monetary support from said child's mother. 44. The Defendant files his federal income tax return as married/separate and claims his 15 year old son as a dependency exemption. 45. The Defendant provides medical insurance coverage on both his children through his employment with Cumberland Golf Club at no monetary cost to him. 46. The Defendant generally has lunch at the golf course during the golf season at no monetary cost. 47. The Defendant made direct payments to the Plaintiff totaling $300.00. DISCUSSION Both parents have an obligation to support their. child in accordance with their relative incomes and ability to pay. Depp v. Holland, 363 A.2d 204 (Pa. Super. 1994). In determining the ability of a parent to pay support the focus is on the earning capacity of the party, not the actual earnings. Mooney v. Doutt, 766 A.2d 1271 (Pa. Super. 2001). The earning capacity of a parry is not the amount he or she can theoretically earn, but rather what he or she can realistically earn under the circumstances considering his or her age, health, physical and mental condition and training. Riley v. Foley, 783 A.2d 807 (Pa. Super. 2001). The custodial parent of a young child may be excused from working to his or her full earning capacity under certain circumstances. The trier of fact must consider the age and maturity of the child, the availability of others who might assist the parent, the adequacy of the finances if the parent remains at home, and the parent's desire to stay at home to nurture the child. Hesidenz v. Carbin, 512 A.2d 707 (Pa. Super. 1986). In the present case the Plaintiff has a good faith desire to remain at home to nurture the parties' son. She is limiting her employment to 15 hours per week, earning approximately $156.00 per week, or $677.00 per month. That will be her earning capacity until such time as the child begins school. Added to this is interest and dividend income of approximately $550.00 per month. Her gross monthly income for support purposes is $1,227.00. Filing her federal income tax return as married/separate and claiming her son as a dependency exemption, she has net monthly income for support purposes of $1,329.00 2 The Defendant has a salary of $26,000.00 per year as a golf professional. Added to this are other perquisites of employment including the use of a corporate credit card for some z See Exhibit "A." Because the Plaintiff qualifies for the earned income credit, her net monthly income exceeds the gross income for support purposes. 4 personal expenses and free lunches during the golf season. Combined these add approximately $250.00 per month to his net income. Additionally the Defendant receives nominal farm rent, approximately $300.00 annually, distributions from Cumberland Golf Club ($340.00 in 2005), and stock dividends from Adams County National Bank. His combined monthly income from all sources is estimated to be $2,548.00. Filing his federal income tax return as married/separate with one child claimed as a dependency exemption, the Defendant has net monthly income for support purposes of $2,210.00.3 The Plaintiff argues that the Defendant's pass through income from the various subchapter "S" corporations in which he has a minority interest should be included as income for support purposes. A subchapter "S" corporation may elect "to avoid tax at the corporate level and require the individual shareholders to pay tax on corporate earnings whether or not distributed to the shareholders." Attebury v. U.S., 43 F. 2d. 1162, 1163n.2 (5th Cir. 1970). In this case the Defendant did in fact pay tax on corporate profits.4 However, there was no evidence that the Defendant received any monetary payment of said profits with the exception of the $340.00 distribution from Cumberland Golf Club discussed above. Consequently the pass through income is not includable as income for support purposes. Similarly the retained earnings of Cumberland Golf Club are not included in the Defendant's income. The club had ordinary business income of $28,880.00 in 2005 in additional to rental income of $3,000.00.5 As a minority shareholder of the business the Defendant had no control over whether the net profits of the business would be distributed to the shareholders or retained by the corporation. There was no evidence presented to support an inference that the profit of Cumberland Golf Club was retained to shelter income from the Defendant's support obligation. Consequently no part of the retained earnings of the corporation will be included in the Defendant's income for support purposes. See, Fennell v. Fennell, 753 A.2d 866 (Pa. Super. 2000). With combined net monthly income of $3,539.00, the basic support requirement for one child is $794.00 per month.6 The Defendant's proportionate share of that amount is $496.00.7 The Defendant has a second child, a 15 year old son, residing in his household. He receives no monetary support for this child. No evidence of the mother's income was provided. However, even assuming that the mother had no income with which to support the child, the Defendant's obligation to support this child based on his income alone would be $545.00 per month.g His total obligation for both children would not exceed half of his net monthly income. Therefore, no downward adjustment in the support obligation in this case would be appropriate.9 3 See Exhibit "A" for tax deductions from gross income. 4 See Defendant's Exhibit 1. 5 See Plaintiffs Exhibit 1. 6 See Pa. R.C.P. 1910.16-3. See Exhibit "B" for the guideline calculation. 8 See Pa. R.C.P. 1910.16-3. 9 See Pa. R.C.P. 1910.16-7. 5 The Plaintiff initially filed a claim for spousal support. She subsequently filed a claim for alimony pendente lite in the divorce action. Orders for spousal support and alimony pendente lite may not be in effect simultaneously. 10 She has elected to proceed on a claim for alimony pendente lite. Alimony pendente lite is defined as "an order for temporary support granted to a spouse during the pendency of a divorce or an annulment proceeding." 23 Pa. C.S. Section 3103. It is designed to enable a dependent spouse to proceed with or defend the divorce action. Jayne v. Jane, 663 A.2d. 169 (Pa. Super. 1995). Factors to consider in determining entitlement to an award of alimony pendente lite include the separate income and estate of the claimant, the ability of the other parry to pay, and the character, situation and surroundings of the parties. Littmans v. Littmans, 673 A.2d 382 (Pa. Super. 1996). If a claimant is found to be entitled to an award of alimony pendente lite, the amount of the award is calculated pursuant to the support guidelines in the same manner as an award of spousal support. Little v. Little, 47 Cumberland L.J. 131 (1998). After careful consideration of the evidence presented, a recommendation is made that the Plaintiff's claim for alimony pendente lite be denied. With net monthly incomes of $2,210.00 for the Defendant and $1,329.00 for the Plaintiff, and with a child support obligation in this case of $496.00 pl er month, the guideline calculation of alimony pendente lite would be $116.00 per month. However, this does not take into consideration the Defendant's obligation to support his 15 year old son. The Defendant provides support in- kind for the boy on a full-time basis which clearly reduces sums available to him to pay alimony pendente lite. Also taken into consideration is the fact that the parties have only lived together for two months from the date of marriage to the date of final separation. This factor is a consideration in both the amount and duration of an award of alimony pendente lite.12 RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his child, Jacob H. Mowery, born November 6, 2002, the sum of $496.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $100.00 per month on arrearages until paid in full. C. The Defendant shall provide health insurance coverage for the benefit of said child as provided through his employment or other group coverage at a reasonable cost. D. The Defendant shall pay 62% of the unreimbursed medical expenses incurred by said child as that term is defined in Pa. R.C.P. 1910.16-6(c). 10 Pa. R.C.P. 1910.16-1(c). ' 1 See Exhibit "C." 12 See Pa. R.C.P. 1910.16-5(b)(8) and 1910.16-5(c). 6 E. The Defendant is given credit on arrearages for direct payments to the Plaintiff totaling $300.00. F. The effective date of this order is July 13, 2005. G. The Plaintiff's claim for alimony pendente lite is denied. y./ .2-06 ?r Date Michael R. Rundle Support Master 7 In the Court of Common Pleas of Cumberland County, Pennsylvania 004 Plaintiff Name: Linda 1. Mowery Defendant Name: Joseph H. Mowery Docket Number: 568 S 2005 PACSES Case Number: 981107490 Other State ID Number: Tax Year: Current: 2006 1. Tax Method 1040 ES Manual 2. Fling Status Married Filing Separately Married Filing Separately 3. Who Claims the Exemptions Customize 4. Number of Exemptions 2 2 5. Monthly Taxable Income $2,269.00 $1,227.30 6. Deductions Method 7. Deduction Amount $429.17 $429.17 8. Exemption Amount $550.00 $550.00 9. Income MINUS Deductions and Exemptions $1,289.83 $248.13 10. Tax on Income $162.02 $24.81 11. Child Tax Credit $83.33 $83.33 12. Manual Adjustments to Taxes _ - 13. Federal Income Taxes $78.69 -$199.00 13 a. Earned Income Credit - $199.00 14. State Income Taxes $71.70 $38.78 15. FICA Payments $165.76 $51.81 16. City Where Taxes Apply 17. Local Income Taxes $21.67 $6.77 TOTAL Taxes $337.82 -$101.64 SupportCak 2006 EXHIBIT ".A" In the Court of Common Pleas of Cumberland County, Pennsylvania 41 ' 1 .eO .. t0 Defendant Name: Joseph H. Mowery Docket Number: 568 S 2005 Plaintiff Name: Linda I. Mowery PACSES Case Number: 981107490 Other Case ID Number: 1. Number of Dependents in this Case 1 2. Total Gross Monthly Income $2,548.00 $1,227.30 3. Less Monthly Deductions $337.82 -$101.64 4. Monthly Net Income Line 2 minus Line 3 $2,210.18 $1,328.94 5. Combined Total Monthly Net Income Amounts on Line 4 Combined $3,539.12 6. Plus Child's Monthly Soc. Sec. Retirement or Disability Derivative Benefit. - 7. Adjusted Combined Total Monthly Net Income _ 8. PRELIMINARY Child Support Obligation based on Adjusted Income Line 7 - 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 r 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule Table Rev. 112006 $794.00 11. Net Income as a Percentage of Combined Amount 62.45 37.55 12. Each Parent's Monthly Share of the Child Support Obligation $495.85 $298.15 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: - - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b - 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10, $495.85 19. Less Split Custody Counterclaim Rule 1910.16-4 d _ 20. Obligors Support Obligation Line 14 minus Line 15 $495.85 Prepared by: Date- 2/ q/gnnm 31. PACSES Multiple Family Adjustment S2. Spousal Support Award S3. Adjustment for Excess Mortgage Payments (If Applicable) _ S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $495.85 Weekly: $114.12 TAX INFORMATION S6. Defendant S7. Plaintiff Tax Method 1040 ES Manual Filin Status Married Filing Separately Single Exemptions 2 2 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCold 2006 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Pool SO. poft 10 Rtft tAJM FIAT) Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Linda 1. Mowery Joseph H. Mowery 568 S 2005 981107490 1. Obligors Monthly Net Income $2,210.18 2. Less All Other Support - 3. Less Obligee's Monthly Net Income $1,328.94 4. Difference $881.24 5. Less Child Support Obligation for Current Case $495.85 6. Difference $385.39 7. Multiply b 30% or 40% 30.00% S. Income Available for Spousal Support $115.62 9. Adjustment for Other Expenses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $115.62 Prepared b : Date: 2/ 1 /2007 SupportCak 2006 EXHIBIT "C" c--a C'? ?=? ?. ?y -? c ?? ! ,D i ?'? { ...Y _.. l' . F., w { ..? ?' ? ? __? 'r ?" ? ?'?? __. (r.? .. i ?, s r. Y LINDA I. MOWERY, Plaintiff VS. JOSEPH H. MOWERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on 13 July 2005, and have continued to live separately and for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to 1 10 LINDA I. MOWERY, ) Plaintiff ) vs. ) JOSEPH H. MOWERY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least 2 years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit 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. I Date: JOSEPH H. MOWERY i? NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. N ?a ?J ti: r: ?.i -,-? , -- ? r -: r __ i1 J n `° `°_ ?.., LINDA I. MOWERY, Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM JOSEPH H. MOWERY, Defendant TO THE PROTHONOTARY: IN DIVORCE PRAECIPE Please withdraw all economic claims previously filed in this matter on behalf of the Plaintiff Linda I. Mowery, including, without limitation, claims for equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. S uel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12`h Street Lemoyne, PA 17043 (717) 761-5361 C-n r ry ?r?-Yy v}. ? 1 LINDA I. MOWERY, Plaintiff VS. JOSEPH H. MOWERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (d). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's counsel indicating service on or about August 10, 2005. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: By Defendant: (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: 17 July 2007 (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: filed on 24 July 2007 and served upon the Defendant, by his attorney, on or about 27 July 2007. 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: 23 August 2007 and served by regular mail. b Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed ( with the Prothonotary: Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Date: B OD uel L. And Attorney for Plaintiff Cza 7 F t7 ?__ Ln IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LINDA 1. MOWERY, Plaintiff VERSUS JOSEPH H. MOWERY, Defendant 2005-3551 CIVIL TERM No. DECREE IN DIVORCE AND NOW, \!fL t- ,2007-_, IT IS ORDERED AND DECREED THAT - ciN flA 1. OWCDV , PLAINTIFF, AND JOSEPH H. MOWERY DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE PROTHONOTARY .Y J^' O 691 el G0, el f1\cust\M0WERYJ0EC0MP ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PETITIONER LINDA IRENE MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. . CIVIL ACTION - CUSTODY JOSEPH H. MOWERY, NO. 05-3551 Defendant/Petitioner: PETITION FOR MODIFICATION FOR CUSTODY 1. Your petitioner is JOSEPH H. MOWERY, an adult individ- ual, residing at 98 Hosfeld Road, Carlisle, PA 17013. 2. The Respondent is LINDA IRENE MOWERY, an adult individ- ual, residing at 1581 Walnut Bottom Road, Carlisle, PA 17013. 3. Petitioner has partial physical custody and shares legal custody with the Respondent of JACOB HALLER MOWERY who resides with the Respondent at 1581 Walnut Bottom Road, Carlisle, PA 17013, is five years of age having been born on November 6, 2002. 4. Your petitioner seeks to modify the current custody Order issued by this Court on September 22, 2005, and now seeks primary physical custody of the minor child. 5. The best interest and permanent welfare of the child will be served by granting the relief requested because: -1- (a) The child has resided with the mother since birth who has provided a continuous living relationship with the child; (b) The father is semi-retired and has been involved on a nearly daily basis in the child's life since birth. During the summer months from June, 2008 through August 23, 2008, Father provided nearly 10-15 hours of care exclusively for the minor child. (c) The parties registered the minor child early summer, 2008, to begin full-time all day kindergarten at Big Springs School District. The elementary school is located less than two miles from both parties' homes. The first day of school was to begin on on Tuesday, August 26, 2008. (d) On or about Saturday, August 23, 2008, without first consulting the Father, Mother recently pulled the child out of his registered Kindergarten School through the Big Spring School District and enrolled him into a religious private school, Carlisle Baptist Academy. Mother withdrew the minor child from Big Springs School District and registered the child without the Father's permission or knowledge. (e) Father is adamantly opposed to this school and it was never discussed and believes that the child should attend the school which is closest to both the Father and the Mother's home, rather to a school that he will need to ride a bus. -2- (f) Neither the Mother nor the Father are Baptist. (g) This decision to enroll the child in this school was never discussed during the parties' marriage or after the parties separated and finally divorced. (h) Both the Mother and the Father live in the Big Springs School District and lived there most of their lives. (i) The Father seeks primary physical custody with the Mother as the Father has been the primary caretaker nearly everyday for the last 90 days and has cared for the child every day since birth. (j) The Father is able to provide a stable home and family type environment for the child allowing the child opportunity to spend equal time with the child's mother. (k) The Father is raising his other minor child alone and who is the half-brother of the subject minor child. (1) The Father has been available and acts as the primary caretaker when it suits the Mother. 6. The Mother manipulated the custody arrangement during the divorce proceeding, and now that the parties are divorced, continues to deny him visitation at times. Mother has refused to allow the Father to take the child out of state to the family's vacation homes. -3- 7. Over the child's lifetime, Mother has never permitted the Father to have the child for any Holidays nor has she permitted him to have any vacation with his son. 8. The parties have not been able to work out a vacation and holiday schedule and are in need of specific times and places for drop offs of the minor child. 9. 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. 10. 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. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Petitioner 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 the child. -4- WHEREFORE, your Petitioner requests this Honorable Court to grant primary custody of the minor child to him; or, in the alternative, Order a conciliation hearing be held; and grant any and all such other relief as this Court deems just and proper. Respectfully sub?d, STONE JAIFAVER & tone, Esquire j` liz /re Sup t I.D. #60251 Street, P.O. Box E 4 New and, PA 17070 Tele(717) 774-7435 Dated:At o or Petitioner -5- VERIFICATION Joseph H. Mowery, states that he is the Defendant/Petitioner named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. H. Mowery Date: Z? CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff/Respondent by regular mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 -44V ;?- Date: Y e, Esquire. av & Shekletski e?? Ston 414 BrX-rland, g Street, P.O. Box E New C PA 17070 Tele e: (717) 774-7435 Fa . 717) 774-3869 t ney for Plaintiff -6- w . ? ? ? co 7 1. ?? t i LINDA IRENE MORROW IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH H. MOWERY DEFENDANT 2005-3551 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 05, 2008 , 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, October 02, 2008 at 10:30 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, 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 „ " rI .,1a;;t ' vino ? !d 03 -- d S a G 0 1 LINDA IRENE MOWERY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH H. MOWERY DEFENDANT • 2005-3551 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, September 26, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 14, 2008 at 10:30 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. 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: Is/ Jacqueline M. Verney, 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 r/v ;;,? _*v --*- 4i? AIV J? w7r V , i".JJ[ , SNN-' i L C .Z tWd 6? d 3S B OZ "ITH t7? NOV 19 2008 6 LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSEPH H. MOWERY, : NO. 2005-3551 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this ' A day of %MM/ht &:J , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Cou t2oom No. '?2__, of the Cumberland County Court House, on the day of , 2009, at o'clock, -A. M., at which time testimony will be taken. F purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated September 22, 2005 shall remain in full force and effect with the following modifications: ;. Future decisions regarding education shall be made after consultation and input from both parents. 4. Both parties shall have physical custody of the child for two non- consecutive weeks in the summer, provided they give 30 days prior notice and a telephone number and location where the child may be contacted. 5. The parties may modify this Order by mutual of mutual consent, the terms of this Order shall control THE Q?AJAT, Edgar cc lizabeth B. Stone, Esquire, counsel for Father / Samuel Andes, Esquire, counsel for Mother (20 t E S .r? lS?? ?I! a,t C3Qj ll ley' the absence J. cr?; f-s t? r? t\J lij LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSEPH H. MOWERY, : NO. 2005-3551 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob Haller Mowery November 6, 2002 Mother 2. A Conciliation Conference was held November 18, 2008 with the following individuals in attendance: The Mother, Linda 1. Mowery, with her counsel, Samuel Andes, Esquire, and the Father, Joseph H. Mowery, with his counsel, Elizabeth B. Stone, Esquire. 3. The Honorable Edgar B. Bayley entered an Order of Court dated September 22, 2005 providing for shared legal custody, Mother having primary physical custody, with Father having three out of four weeks Sunday at noon to Tuesday morning and every Thursday 4:00 p.m. to 7:30 p.m. 4. Father filed a Petition to Modify Custody. 5. Father's position on custody is as follows: Father seeks shared legal custody, with the right to have input in educational decisions. He alleges that Mother unilaterally enrolled the child in private school for kindergarten. Father also requests one or two Saturdays in addition to his current schedule so he can take the child to church with him and his family. He requests that the Christmas school holiday period be split between the parties and a babysitting clause be included so he can enjoy more time with his son. Father agreed to a modification of the current Order to resolve the education issue and giving him two non-consecutive weeks in the summer. 6. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She maintains that Father was consulted about the school issue, however she agrees with language regarding the school issue. She is willing to agree to two non- consecutive weeks in the summer. She opposes the Saturday request asserting that the child has only ever accompanied her to church. She opposes the extended Christmas holiday split and objects to the babysitting clause. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the current order with two modifications agreed upon. It is expected that the Hearing will require one-half day. A Date acqu ne M. Verne Esquire Verney, Custody Conciliator LINDA IRENE MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 3551 JOSEPH H. MOWERY, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, the day of February, 2009, upon Defendant's request for a continuance, it is ordered and directed as follows: 1. The February 5, 2009, hearing is hereby continued. 2. A hearing is re-scheduled in Court Room No. -;Z , of the Cumberland County Court House, on 30" day of April, 2009 at 1:30 o'clock p.m. at which time testimony will be taken. BY THE COURT: Edgar B. Bayley, cc: izabeth B. Stone, Esquire, counsel for Father Samuel Andes, Esquire, counsel for Mother C1 t es ryt?;.t a/a j? C%s atz V f1\cust\M0WERYJ0EC0MP LAW OFFICES OF ELIZABETH B. STONE 1300 MARKET STREET, SUITE 10 LEMOYNE, PA 17043 717-909-1500 ATTORNEY FOR PETITIONER OF TKE pROTH F1CE 1018NQV QNO TqR Y 23 PM 3: 4 l ClJMBNN AND Yt VA NIA Cp?rY LINDA IRENE MOWERY, Plaintiff/Respondent V. JOSEPH H. MOWERY, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 05-3551 PETITION FOR MODIFICATION FOR CUSTODY 1. Your petitioner is JOSEPH H. MOWERY, an adult individ- ual, residing at 98 Hosfeld Road, Carlisle, PA 17013. 2. The Respondent is LINDA IRENE MOWERY, an adult individ- ual, residing at 1581 Walnut Bottom Road, Carlisle, PA 17013. 3. Petitioner has partial physical custody and shares legal custody with the Respondent of JACOB HALLER MOWERY who resides with the Respondent at 1581 Walnut Bottom Road, Carlisle, PA 17013, is eight years of age having been born on November 6, 2002. 70.00 fem. 4 -1- jo 4- ?a77 4. Your petitioner seeks to modify the current custody Order issued by this Court on September 22, 2005, and now seeks shared physical custody of the minor child. 5. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) While the child has spent the majority of the nights with the mother since birth, Father has been the primary caretaker of the child during the day since birth; (b) The father is semi-retired and has been involved on a nearly daily basis in the child's life since birth. During the summer months from June, 2008 through August 23, 2008, and the summer 2009 months, Father provided nearly 10-15 hours per day of care exclusively for the minor child. (c) Since the parties took a family vacation to Disney in June, 2010, Mother has begun to limit Father's time and restricted his interaction with the minor child; (d) Mother has generally permitted occasional overnights with the Father, but never for Saturday overnights. Father continues to seek overnights with the minor child on -2- Saturday overnight into Sunday so that the minor child can go to church with Father and the rest of his paternal side of the family. (e) The child is registered in the Big Springs School District. The minor child has serious behavior issues for which the school district is attempting to curtail and teach around. (f) Mother now seeks to enroll the minor child in a small private school that is not a part of the school district. Father is adamantly opposed to this educational plan as he believes that the current school arrangement is best for their child. (g) Both the Mother and the Father live in the Big Springs School District and have lived there most of their lives; however, Mother now has her home listed for sale. (h) The Father seeks primary or shared physical custody of the minor child as the Father has always been responsible for the transportation of the child whether it be to school or back and forth between the parents. (i) Father was the primary caretaker nearly everyday for the last several summers and is currently semi-retired and -3- nearing full-time retirement and is available and desires to care for the child every day. (j) The Father is able to provide a stable home and family type environment for the child allowing the child opportunity to spend equal time with the child's mother. (k) The Father solely raised his other son, Cameron, the half-brother of the subject minor child. (1) The Father has been available and acts as the primary caretaker, especially during the summer, and when it suits the Mother. (m) The Father has never permitted an overnight occurring on Saturday night, thus preventing Father from taking their son to his Church on Sundays. Mother routinely refuses to answer the phone when he calls. (n) The child now has an IEP with the Big Springs School District and has been assigned his own aide and seems to be making progress. (o) Mother has been trying to remove the child from the school and place him in a very small private school where lessons are taught in someone's home. Father is adamantly opposed to this. -4- (p) Mother has refused to allow the Father to take the child out of state for any family vacation trip without her. 6. The Mother manipulated the custody arrangement during the divorce proceeding, and now that the parties are divorced, continues to deny him visitation at her whim. (a) Mother continues to disallow the paternal grandparents and extended family any quality time with the minor child. (b) Mother has refused to permit the minor child to spend any overnights at the paternal grandparents', yet allows the child to spend time at maternal grandparents' home whenever she needs a quick babysitter, rather than utilizing the father. 7. Over the child's lifetime, Mother has never permitted the Father to have the child for any Holidays nor has she permitted him to take their son away on any vacations without her. 8. The parties have not been able to work out a vacation and holiday schedule that permits Father specific time with his son alone. -5- 9. 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. 10. 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. 11. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 12. Petitioner 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 the child. -6- WHEREFORE, your Petitioner requests this Honorable Court to grant him primary and/or shared physical custody of the minor child to him; or, in the alternative, Order that a conciliation hearing be held; and grant any and all such other relief as this Court deems just and proper. Respectfully submi?Xed, LIZABETH B. Vrneyfor ne, Esquire Ste. 10 3 aintiff W Dated: ?,?A I C7 Attorneys for Petitioner -7- STONE F1\cust\1-verifi VE;€ I FICAT110N JOSEPH H. MOWERY, states that he is the Defendant/Petitioner in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DA`C'E: 1 vZ a-- V CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff/Respondent by regular mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Date: f. ? r 91-1zabet B. one, Esquire I.D. # 25 LAW 0 FI S OF ELIZABETH B STONE 1300 ket Street, Suite 10 Lemo e, PA 17043 717 09 1500 A orne for Plaintiff w DEC 3 0 Zulu LINDA I. MOWERY, Plaintiff/Respondent V. JOSEPH H. MOWERY, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3551 CIVIL ACTION - LAW IN CUSTODY °ORDER OF COURT- ` AND NOW, this S QVLday of G . , 2010, upon - consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: r 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the ?g?t day of , 2011, at ' t' 0 o'clock, .A. M., at which time testimony will be to en. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated September 22, 2005 and November 21, 2008 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Elizabeth B. Stone, Esquire, counsel for F ,/Samuel Andes, Esquire, counsel for Moth 01 C,ie.s MW IeJ x m t? .Y' DEC 3 0 "LULU LINDA I. MOWERY, Plaintiff/Respondent V. JOSEPH H. MOWERY, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3551 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob Haller Mowery November 6, 2002 Mother 2. A Conciliation Conference was held December 16, 2010 with the following individuals in attendance: The Father, Joseph H. Mowery, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Linda I. Mowery, with her counsel, Samuel Andes, Esquire 3. The Honorable Edgar B. Bayley previously entered Orders of Court dated September 22, 2005 and November 21, 2008 providing for shared legal custody, Mother having primary physical custody, with Father having three out of four weeks Sunday at 1:00 p.m. to Tuesday morning and every Thursday 4:00 p.m. to 7:30 p.m. 4. Father filed a Petition to Modify Custody. 5. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody. Father asserts that he cared for the child most of the summers of 2008 and 2009. He further maintains that Mother refuses to allow Father to have Saturday overnight with the child. Father believes he is can provide an appropriate home for the child. 6. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having alternating weekends Saturday i to Monday and alternating Thursdays overnight, so she may have two weekends per month with the child. Mother asserts that Father has violated the prior Orders by not locking firearms in a cabinet and by being intoxicated while he has custody of the child. Mother points to an incident in 2009 wherein Father was arrested for a DUI and entered the ARD program. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the current order. It is expected that the Hearing will require one day. Date acq line M. Verney, Esquire 157 Custody Conciliator . IN- ? T11E FDf1T!r oNo, L 201 t APR 20 PH 3: 53 LINDA I. MOWERY, CUMBERLAND coUp i Plaintiff PENNSYLVANI > vs. ) JOSEPH H. MOWERY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the undersigned as attorney for Plaintiff, certifies that: A. A notice of intent to serve the subpoena with a copy of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served. B. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. C. No objection to the subpoena has been received. D. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: ZO .C A- S e L. es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 ir. 1) LINDA I. MOWERY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM JOSEPH H. MOWERY, Defendant IN CUSTODY NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Plaintiff, Linde L Mowery, _hereby advises you of herintent to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below I which to file, of record, and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 19 January 2011 Samuel . Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'h Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 LINDA I. MOWERY, Plaintiff ) VS. ) JOSEPH H. MOWERY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania State Police Custodian of Records 1800 Elmerton Avenue Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: Copies of all documents relating to an incident which occurred on or about 12 June 2009 involving Joseph Mowery and identified as Incident Report H02-1857547. Your response should specifically include copies of the intoxication report, the criminal complaint, the probable cause affidavit, and any other documents relating to the incident or to Mr. Mowery's arrest and prosecution. at the office of Samuel L. Andes, P.O. Box 168, 525 North 12th Street, Lemoyne, PA 17043 You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Samuel L. Andes, Esquire P.O. Box 168, 525 N. 12th Street, Lemoyne, PA 17043 (717) 7615361 BY THE COURT, DATE By: Prothonotary Seal of the Court CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Elizabeth B. Stone, Esquire 1300 Market Street, Suite 10 Lemoyne, PA 17043 Date: 19 January 2011 OMI . LMUA 6 my M. arkins Secretary for Samuel L. Andes FiLEG-CFFIC- 2011 APR 20 PM 3: 53 LINDA I. MOWERY, ) IN THE COURT OF COMMON Plaintiff CUMBERLAJ U COUNT t PLEAS OF CUMBERLAND PEN YYAN' COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 2005-3551 CIVIL TEAM JOSEPH H. MOWERY, ) Defendant ) IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the undersigned as attorney for Plaintiff, certifies that: A. A notice of intent to serve the subpoena with a copy of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served. B. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. C. No objection to the subpoena has been received. D. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 2 a 4r6l Z Q., t S 1 s Attorney for Plaintiff' Supreme Court ID # 17225 525 North 12`" Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 LINDA I. MOWERY, Plaintiff vs. JOSEPH H. MOWERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN CUSTODY NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Plaintiff, Linde L Mowery, hereby advises you of herintent to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below I which to file, of record, and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 19 January 2011 Samu L.-Andes- Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 LINDA I. MOWERY, Plaintiff VS. JOSEPH H. MOWERY, Defendant TO: Cpl. Michael Brandtonies Pennsylvania State Police 3033 Old Harrisburg Road Gettysburg, PA 17325 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA } CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN CUSTODY SUBPOENA TO ATTEND AND TESTIFY 1. You are ordered by the court to come to the Cumberland County Courthouse at 1 Courthouse Square in Carlisle, Cumberland County, Pennsylvania on 9 May 2011 at o'clock a.m. for trial in the above case and to remain until excused. 2. And bring with you the following: N/A If you fail to attend or to produce the documents or things required by this Subpoena you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorneys fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R.C.P. 234.2 (a): NAME: SAMUEL L. ANDES, ESQUIRE ADDRESS: 525 NORTH 12TH STREET, LEMOYNE, PA 17043 TELEPHONE: (717) 761-5361 SUPREME COURT ID # 17225 ATTORNEY FOR : PLAINTIFF BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy OFFICIAL NOTE: This form of Subpoena shall be used whenever a Subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P. No. 234.1. If a Subpoena for production of documents, records or things is desired, complete paragraph 2. •i ? ? L CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Elizabeth B. Stone, Esquire 1300 Market Street, Suite 10 Lemoyne, PA 17043 Date: 19 January 2011 Amy M. tjarkins Secretary for Samuel L. Andes FILES}-OFFICE f ROTHONOTAR t 21111 jUl 15 All. 10' 4 3 UMBERLAND COUNTY PE.N dSYLYANIIA LINDA I. MOWERY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JOSEPH H. MOWERY, Defendant CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN CUSTODY PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for emergency relief in this matter, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties are the parents of one minor child, Jacob Mowery, born 6 November 2002 and currently age 8. 3. Custody of the said child is the subject of a series of orders previously entered by this court. Currently pending before the court is the Defendant's Petition to Modify those orders to j i grant him additional time with the child. 4. In early June of 2011, Defendant was arrested by federal and state law enforcement officers and charged, among other things, with distribution of cocaine. The charges accuse the Defendant of being one of a gang of individuals involved in the distribution and sale of cocaine in Central Pennsylvania and accuse the Defendant and the others of distributing as much as 500 grams of cocaine. 5. If convicted of the charges brought against him, Defendant faces as much as 80 years in prison and substantial fines. 6. Defendant has a history of substance abuse including alcohol and illegal drugs. OM-4 %70.00 Pdy ? ?a?oSa3 7. Plaintiff is concerned about Defendant's conduct which will expose, and has apparently in the past exposed the child to Defendant's possession and use of drugs, abuse of alcohol and illegal substances, and persons who engage in illegal conduct, including distribution of drugs. 8. Plaintiff is further anxious for the safety of her son while in the custody of Defendant because she is concerned that others involved in the drug distribution operation may be kept to prevent Defendant from cooperating with authorities and may threaten him, or members of his family including the child, to ensure his silence. 9. Defendant has demonstrated, by his conduct, that he is not a suitable parent to have periods of custody with his child. 10. Prior orders in this matter have been entered by the Honorable J. Wesley Oler. WHEREFORE, Plaintiff prays this court to suspend the terms of the current custody order until such time as the hearing can be conducted to determine the extent to which Defendant has been involved in the possession, use, and distribution of illegal drugs and his involvement with other criminal elements and individuals as a result of that conduct. Sam 1 L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Elizabeth B. Stone, Esquire 3507 Market Street, Suite 303 Camp Hill, PA 17011 Date: f I ' Amy M arkms Secretary for Samuel L. Andes LINDA I. MOWERY, Plaintiff vs. JOSEPH H. MOWERY, Defendant t L.>r"Uk .t r f? d' j rr t' ±13,y tV T1I , AN 17 Pt1 ti: I CUMBERLAV PENNSv1;_' ? rPENNSYL. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this day of -rQ L-1 G ,201 1, upon consideration of the attached Petition, a Rule is hereby issued upon the Defendant, to show cause, if any he has, why the relief requested in the Petition should not be granted. The Rule shall be served upon Defendant's counsel of record and shall be returnable (? days from date of service. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 Nnorth 12`" Street, P.O. Box 168, Lemoyne, PA 17043 V/ Elizabeth B. Stone, Esquire (Attorney for Defendant) 3507 Market Street, Suite 303, Camp Hill, PA 17011 Maw 'W BY THE COURT, LAW OFFICES OF ELIZABETH B. STONE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Phone (717) 909-1500/ Fax (717) 731-8115 Attorney for Defendant (`) n.w f?J rr, Cam' t'rl?7 t '77 k.. !y n+l LINDA I. MOWERY, § Plaintiff § V. § JOSEPH H. MOWERY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW COMES, Defendant, Respondent, Joseph H. Mowery, by and through his attorney, Law Offices of Elizabeth B. Stone, and respectfully represents the following in response to Plaintiff, Petitioner's Petition for Emergency Relief 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted and Denied. It is admitted that Defendant was arrested in June of 2011. The charges currently pending against the Defendant are for allegations that allegedly occurred over a year ago. The Defendant was and is currently released from custody with no bail posted, on his own recognizance, R.O.R. of or use of drugs. Further, a condition of Defendant's bail is that he must cooperate with random drug testing. He intends to comply fully. Proofthereof is demanded at time of trial. 7. Denied. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof thereof is demanded at time of trial. Should an answer be required, it is denied. By way of further answer, Defendant denies ever exposing his son to any of the alleged conduct for which he is charged. Defendant is not charged with endangering the welfare of a minor child. Defendant has never, nor will he ever, expose the child to the possession and use of drugs, abuse of alcohol and illegal substances, or persons who engage in illegal conduct, including distribution of drugs. Proof thereof is demanded at time of trial. 8. Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Criminal Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after Page 3 of 7 a reasonable investigation, defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof thereof is demanded at time of trial. By way of further answer, Plaintiff's concerns regarding the safety of the child while in the custody of his father are unsubstantiated. Just last week, Plaintiffdenied Defendant his week's vacation with his son. However, upon Defendant's return, Plaintiff allowed their minor son to spend Father's Day and overnight with the Defendant. The Plaintiff's concern for the child's safety seems to be a convenient ploy when it suits her schedule. Moreover, Defendant is concerned for the safety of his son while in Plaintiffs care because of the numerous instances in which the child's well- being has been. placed in jeopardy, including, but not limited to, being left alone in parked vehicles, being strapped to chairs, and being left in the care of a grandmother whose house is overwhelmed by cats. 9. Denied. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Criminal Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, defendant is without sufficient information or Page 4 of 7 knowledge to form a belief as to the truth or falsity of such allegation and proof thereof is demanded at time of trial. Should an answer be required, it is denied. By way of further answer, Defendant specifically denies exposing the minor child to any of the alleged conduct for which he is charged, nor has the Defendant been charged with endangering the welfare of a minor child. Defendant has never exposed the child to the possession and use of drugs, abuse of alcohol and illegal substances, or persons who engage in illegal conduct, including distribution of drugs. Plaintiff and Defendant are currently in a custody battle over who is the more suitable parent. Proof thereof is demanded at time of trial. 10. Admitted. WHEREFORE, Respondent requests that this Honorable Court deny Petitioner's Petition for Emergency Relief; affirm the Order of Court entered on May 9, 2011; and specifically Order that Defendant shall continue to have schedujd visitation with his son consistent with those two prior custody orders. DATE: (o - ?-t - t 1 13. Stone, Esquire Court I.D. No.: 60251 for Defendant 5 of 7 LINDA I. MOWERY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § CIVIL ACTION - LAW JOSEPH H. MOWERY, § NO. 2005-3551 CIVIL TERM Defendant § § IN CUSTODY CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of Defendant's Answer to Plaintiff's Petition for Emergency Relief, filed in the above-captioned matter, upon the following person(s), via first class mail, postage prepaid, addressed as follows: Mr. Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Respectfully Date: (, - Zl - I l sfone, Esquire 0- ourt I.D. No.: 60251 for Defendant 6 of 7 LINDA I. MOWERY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVA;*4 1 ,,,, -? 4- V M CIVIL ACTION - LAW -= `Y M . (D JOSEPH H. MOWERY, Defendant NO. 05-3551 CIVIL TERM IN RE: PETITION FOR EMERGENCY RELIEF , ORDER OF COURT AND NOW, this;(3`' day of June, 2011, upon consideration of Plaintiff's Petition for Emergency Relief, this matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral for an expedited conference. BY THE COURT, Samuel L. Andes, Esq. 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff Elizabeth B. Stone, Esq. 3507 Market Street Suite 303 Camp Hill, PA 17011 Attorney for Defendant -./ Court Administrator in bin s Wesley Ol , Jr., J. Uj" a? Dri :rc IN THE COURT OF COMMON PLEAS OF LINDA I. MOWERY PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V 2005-3551 CIVIL ACTION LAW "' -R 'tar t? JOSEPH H. MOWERY CA IN CUSTODY { CA O mO 4CD DF,FF.NDAN T fi G .» ? w _,? ORDER OF COURT " 4 CA ? AND NOW, Wednesday, June 29, 2011 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 20, 2011 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. 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. i By: _/s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .? CO?h.? Mai ?'? /IhG?Cr ,/C'P(• s?? e r y #j9/ t/ l vex eU Z12,0111 yq? LINDA I. MOWERY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSEPH H. MOWERY, Defendant NO. 05-3551 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 22nd day of July, 2011, upon consideration of the attached letter from Samuel L. Andes, Esq., attorney for Plaintiff, the hearing previously scheduled for August 11, 2011, is continued generally. COUNSEL ARE directed to motion the court if a hearing is desired in this matter or if an agreement is reached. BY THE COURT, Samuel L. Andes, Esq. 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff y Elizabeth B. Stone, Esq. 1300 Market Street Suite 10 Lemoyne, PA 17043 Attorney for Defendant :rc dep;&s Inu . ??d 71aSl/i C= r.? rq M C= , - r'n ro C? . _. X ? ro 0 AV I SAMUEL L. ANDES ATTORNEY AT LAW MAILING ADDRESS: P. O. BOX 168 LEMOYNE, PA 17043-0168 E-MAIL: LawAndesaaol.com The Honorable J. Wesley Oler Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA Carlisle, PA 17013 21 July 2011 RE: Linda L Mowery vs. Joseph H. Mowery No. 2005-3551 In Custody Dear Judge Oler: TELEPHONE (717) 761-5361 PAX (717) 761-1435 The parties were before you sometime ago for the beginning of a custody hearing. We could not conclude the hearing that day and you scheduled another day to take testimony on 11 August 2011. Mr. Mowery has recently been charged in federal court. The parties have agreed to postpone the hearing before you until those criminal charges have been resolved. Accordingly, I write on behalf of Elizabeth Stone, Esquire, and myself to request that you postpone the hearing now scheduled for 11 August 2011, to be rescheduled upon the request of either party. We hope that the criminal charges will be resolved in the near future and, at that time, we can ask that you schedule the conclusion of the hearing. I have sent a copy of this letter to Elizabeth Stone and she is to confirm to you, by letter, her concurrence with this request. Sincerely, amh 525 NORTH TWELFTH STREET RO.BOX168 LEMOYNE, PENNSYLVANIA 17043 Z '7 2C? Samuel L. Andes cc: Elizabeth B. Stone, Esquire Ms. Linda I. Mowery C') P-o xfr7 p ---E rTt ° C _VM r-7: -C? LAW OFFICES OF ELIZABETH B. STONE )>C-, c 3507 Market Street, Suite 303 v Camp Hill, PA 17011 --? rv Phone (717) 909-1500/ Fax (717) 73 1-8115 Attorney for Defendant LINDA I. MOWERY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § CIVIL ACTION - LAW JOSEPH H. MOWERY, § NO. 2005-3551 CIVIL TERM Defendant § § IN CUSTODY ADDENDUM TO DEFENDANT'S MOTION TO CLOSE TESTIMONY AND TO REQUEST ENTRY OF ORDER FOR CUSTODY AND NOW COMES, Defendant, Respondent, Joseph H. Mowery, by and through his attorney, Law Offices of Elizabeth B. Stone, and respectfully files the following Addendum missing from the original filing, and represents the following: 21. Paragraphs 1 through 20 of Defendant's Motion to Close Testimony and to Request Entry of Order for Custody filed herein previously on November 4, 2011, are incorporated herein by reference as though set forth in full. 22. Plaintiff's Attorney, Samuel L. Andes, Esquire, does not consent to the relief requested in Defendant's Motion to Close Testimony and to Request Entry of Order for Custody. WHEREFORE, Defendant respectfully requests that the Court enter an Order as requested in Defendant's Motion. DATE: Respectfully El' B. IT 6, Esquire preme I.D. No.: 60251 3507 t Street, Suite 303 Camp 1, PA 17011 (717 9-1500 A ev for Defendant LINDA I. MOWERY, Plaintiff V. JOSEPH H. MOWERY, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION - LAW § NO. 2005-3551 CIVIL TERM § IN CUSTODY CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of Addendum to Defendant's Motion to Close Testimony and to Request Entry of Order, upon the following person(s), via first class mail, postage prepaid, addressed as follows: Mr. Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, Date: `ttt' u 8"e, Esquire dr't I.D. No.: 60251 Defendant LINDA I. MOWERY, Plaintiff V. JOSEPH H. MOWERY, § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION - LAW § NO. 2005-3551 CIVIL TERM Defendant § c-i § IN CUSTODY zF-1 .o? CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of Defendant's Motion to Close Testimony and to Request Entry of Order, upon the following person(s), via first class mail, postage prepaid, addressed as follows: Date: ? 9 L;d / Mr. Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, • -t ©y` STONE BETH B r p 3Y off LAW OFFICES OF ELI . ZA zQ , 3507 Market Street, Suite 03 -; or Camp Hill, PA 17011 --, o ??.y Phone (717) 909-1500/ F (717) 731-8115 Attorney for Defendant L.P ?r ara?i, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH H. MOWERY § CIVIL ACTION - LAW § NO. 2005-3551 CIVIL TERM § IN CUSTODY AND NOW comes the Petitioner, Joseph H. Mowery, by and through his attorney, Law Offices of Elizabeth. Stone, and files this petition for appointment of psychologist and in support thereof ave? as follows: 1. The Petition r is Joseph H. Mowery, (hereinafter referred to as "Petitioner"" , an adult individual residing at residing at 98 Hosfeld Road, Carlisle, PA 17013. 2. The Respondent is Linda Irene Mowery, (hereinafter referred to as "Responde "), an adult individual, residing at 1581 Walnut Bottom Road, Carlisle, PA 17013. 3. The parties were married on August 1, 2002, and were divorced from the bonds of matrimony on December 11, 2007. -1- 4. 5. 6 7 8. 9. w ? November 2 , 2010. Petitioner an {d Respondent are the natural parents of the subject minor child, Jacob Haller Mowery, born November 6, 2002. Joseph Mow ry, your petitioner herein, seeking primary and or shared physical custody of Jacob, filed his Petition for Modification for Custody on The Honorable Edgar B. Bayley signed two prior Orders for Custody, dated September 2 , 2005, and November 21, 2008. The parties ad their last Pre-hearing Custody Conference before Jacqueline Verney, Esquire on December 16, 2010, and were unable to reach an agreement a? that time. The Honorable Wesley J. Oler, entered an Order of Court, dated December 30, 2010, sc eduled a custody trial for May 9, 2011. Petitioner h become increasingly concerned about the mental stability of Respondent ersonally or the minor child reports of Respondent's mood swings, biz a behavior, sudden and unprovoked outbursts of anger all the while spewing foul language in front of the child. More recently, on Sunday, December 18, 2011, the minor child became fearful and complained bf his mother's (Respondent) exerting excessive physical handling of Ihim. This incident was reported to the police within minutes of the 10. The of the child custodial ar er believes that it is in the best interest and permanent welfare for this Court to appoint a custody evaluator to carry out a d psychological evaluation of the parties and the subject child. -2- w 11. Petitioner requests this Court to direct that the parties divide equally the cost for a custody evaluator. 12. Opposing co el, Samuel L. Andes, Esquire, has been notified of the within petiti n and has not responded to Petitioner's notice of his intention to file this p tition with the Court. As such, Petitioner takes the position that Respondent ould most likely oppose the appointment of a custody evaluator to ?onduct a custodial evaluation, and would oppose the division equally of the cost for such evaluation. this Court to (1) al the parties and the custody evaluator; Joseph Mowery, a ARE, the Petitioner, Joseph H. Mowery, respectfully requests 3oint a custody evaluator to conduct a custodial evaluation of ubject; (2) direct the parties to divide equally the cost for a nd (3) enter such other additional relief on behalf of Petitioner, this Court deems just and proper. Respectfully submitted, Dated: PA Supre ourt 1D# 51 350 arket Stree ite 303 p Hill, PA 1 Phone (717 -1500/ Fax (717) 731-8115 -3- LINDA I. MOWERY, v. JOSEPH H. MOWERY, I HEREBY CERI Appointment of Custody postage prepaid, address § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION - LAW § NO. 2005-3551 CIVIL TERM § IN CUSTODY CERTIFICATE OF SERVICE ?Y THAT I served a copy of Defendant's Petition for valuator, upon the following person(s), via fast class mail, as follows: Mr. Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Respectfully Date: ul I.D. No.: 60251 Defendant LINDA I. MOWERY, Plaintiff/Respondent V. JOSEPH H. MOWERY, Defendant/Petitioner J4L6*"$"%21%t IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO. 2005-3551 CIVIL TERM IN RE: PETITION FOR APPOINTMENT OF CUSTODY EVALUATOR ORDER OF COURT AND NOW, this &7- of January, 2012, upon consideration of Defendant/Petitioner's Petition for Appointment of Custody Evaluator, and following a conference call with the parties' attorneys on January 19, 2012, during which Defendant/Petitioner was represented by counsel in the person of Elizabeth B. Stone, Esquire, and Plaintiff/Respondent was represented by counsel in the person of Samuel L. Andes, Esquire, and it appearing to the court that the relief sought in the Petition is that of a psychological evaluation of Plaintiff/Respondent, which Plaintiff/Respondent opposes at this time, the Petition for Appointment of Custody Evaluator is denied, without prejudice. BY THE COURT, Distribution: /Elizabeth B. Stone, Esq. 3507 Market Street, Suite 303 Camp Hill, PA 17011 For Defendant/Petitioner Thomas A Placey, C.F.J. ,, -# -71 I) no W. e' Samuel L. Andes, Esq. 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 For Plaintiff/Respondent yJ II7 ???? LINDA I. MOWERY, Plaintiff V. JOSEPH H. MOWERY, Defendant 00' wssf IN THE COURT OF COMMO*M"V*4 N PLEAS OF THE NINTH JUDICIAL DISTRICT CIVIL ACTION - LAW - IN CUSTODY CIVIL DOCKET NO: 2005-3551 IN RE: PLAINTIFF'S MOTION FOR ORDER DIRECTING SHERIFF TO ENFORCE CUSTODY ORDER ORDER OF COURT AND NOW, this 23rd a day of February 2012 upon consideration of Plaintiff's Motion and upon receipt of a message the child has been exchanged the following Order is entered: 1). The parties are directed to strictly comply with the 22 September 2005 Order of Court and the modification of Order of Court dated 21 November 2008, unless otherwise agreed to by the parties in writing. 2). A conference solely on the allegation of the child's unlawful absences from school and violation of the prior Orders of Court is set for 27 February 2012 at 2:30 p.m. in Courtroom No. 6 of the Cumberland County Courthouse or immediately after the PFA hearing. 3). The party in custody of the child is directed not to have the child brought to Court for this conference or the earlier PFA hearing. 4). Plaintiff shall effectuate service of this Order of Court upon Defendant. Proof of that service shall be filled prior to the conference. The sole issue for this conference shall be the current and immediate well being of the child, Jacob Haller Mowery, specifically school attendance. All other custody issues shall be addressed in future hearings, if necessary, and any violation of the Orders of Court shall be addressed through future trials for contempt of court. Distribution List: ? Samuel L Andes, Esq. 525 North 12th Street P. 0. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff ? Elizabeth B. Stone, Esq. 3507 Market Street Suite 303 Camp Hill, PA 17011 Attorney for Defendant ecr r 5 mu : led9 a `th a By the Cour Thomas A. acey C.P.J. 4 C.,, c .? cx? =rn --n r*t F r- O o 30 330 a-ri = Or' =C:> c `1? . f- 'eld LINDA I. MOWERY, Plaintiff V. JOSEPH H MOWERY § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION -LAW § N0.2005-3551 CIVIL TERM Defendant § '== ZZ IN CUSTODY CERTIFICATE OF SERVICE -:-- e ?+ <? I HEREBY CERTIFY THAT I served a copy of Defendant's Petition fcTc Appointment of Custody Evaluator, by hand upon the following person(s), and vt fira; class mail, postage prepaid, addressed as follows: Mr. Samuel L. Andes, Esquire 525 North Twelfth Street P.O. BOX 168 Lemoyne, PA 17043 Date: February 27, 2012 ca Respectfully submitted ,/ r LINDA I. MOWERY, IN THE COURT OF COMMON PLEAS OF Plaintiff THE NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA - v :K c No. 2005-3551 CIVIL TERM Ica JOSEPH H. MOWERY, CIVIL ACTION - LAWS %? --z Defendant IN CUSTODY Cn GC-' -0 3i C-3 =a :Z 0 IN RE: CUSTODY MODIFICATION R.. ORDER OF COURT AND NOW, this 27th day of February, 2012, upon petition of Plaintiff and conference with all parties, the following amendment to the custody orders of September 22, 2005, and November 21, 2008, are entered: 1. The exchange of the child during school time shall be at the school. The parent having custody in the morning shall deliver the child to school, the parent having custody in the afternoon shall pick up the child from school. 2. When custody exchanges are scheduled for non-school times, to include after school and after the school year, the custody exchange shall be at the Pennsylvania State Police Barracks in Carlisle. 3. While in the custody of the other parent, the other parent shall have reasonable telephone contact with the child. The provisions of the prior orders not amended by this order are in full force and effect. The parties are advised to strictly comply with the terms of the custody orders. By the Court, Thomas A. Placey C.P.J. .f 1/ Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 For Plaintiff V Elizabeth B. Stone, Esquire 1300 Market Street Suite 10 Lemoyne, PA 17043 For Defendant mae 1L Z LINDA I. MOWERY, Plaintiff V. JOSEPH H. MOWERY, Defendant 9621- W11100" IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT CIVIL ACTION - LAW CIVIL ACTION NO: 2005-3551 IN RE: PETITION FOR RECONSIDERATION OF COURT ORDER ORDER OF COURT AND NOW, this 19th day of March 2012, upon review of Defendant's Petition for Reconsideration of this court's denial of appointment of psychologist and for a psychological evaluation of Mother, the Petition for Reconsideration is denied. The court will not interfere with any ongoing criminal proceedings or CYS investigation. The provisions of the 27 February 2012 Order remain in full force and effect. Parties are advised to strictly comply with the terms of that Order. Thomas. placey C.P.J. Distribution List: Elizabeth B. Stone, Esq. 3507 Market Street, Suite 303 Camp Hill, PA 17011 Samuel L. Andes, Esq. 525 North 12th Street P. 0. Box 168 Lemoyne, PA 17043 d C teo moi(e OP. a r aA'r I - iz rn-- CA b cn 0 LAW OFFICES OF ELIZABETH B. STONE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Phone (717) 909-1500/ Fax (717) 731-8115 Attorney for Defendant/Respondent LINDA I. MOWERY, § Plaintiff § V. § JOSEPH H. MOWERY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Petitioner/Defendant, Joseph H. Mowery, by and through his attorney, Elizabeth B. Stone, and hereby moves this Court to enter an Order of Contempt against Respondent/Plaintiff due to her violation of this Court's Order dated February 27, 2012. In support thereof, Petitioner, respectfully represents as follows: 1. The Order of Court dated February 27, 2012, (attached hereto as Exhibit "A") states in part, as follows: A. When custody exchanges are scheduled for non- school times, to include after school and after the school year, the custody exchange shall be at the Pennsylvania ? 83. V o PdR? .11 c? 4a 702 14-0-27377,2 State Police Barracks, in Carlisle. B. While in the custody of the other parent, the other parent shall have reasonable telephone contact with the child. 2. Plaintiff/ Respondent is in repeated violation of these provisions of the Court's Order. 3. On or about Thursday, February 23, Thursday, March 15, and Sunday, March 18, at 1:00 p.m. Petitioner was at the Pennsylvania State Police Barracks at the appointed times waiting to pick up his son from Respondent. Respondent failed to show for each of those times. Respondent is to have custody every Thursday evening and three out of every four weeks, Petitioner is to have his son Sunday through Tuesdays. Respondent did not call Petitioner to let him know she would not be coming or that she would be late. On all of the above listed dates, Petitioner waited for at least one hour and Respondent and the child did not arrive. 4. Repeatedly Petitioner has been denied telephone access to his son in direct violation of the Court's Order. Petitioner has called to talk with his son every day, twice a day, since the Court issued its Order on February 27, 2012, and has only been able to speak with him one time until he was able to communicate with his nearly 21 days later. Petitioner has purchased four cell immediately and contact Dr. Shienvold and schedule a session as soon as possible. 7. Since that date, your Petitioner herein, contacted and met with Dr. Shienvold, who advised that once the Respondent mother contacted and met with him, he would have them both back in for a joint session. 8. As of this date, neither Attorney Andes, nor the Respondent, Linda Mowery has met with Dr. Shienvold. 9. Undersigned counsel called and sent a letter to opposing counsel regarding his client's failure to comply with this Order (originally believed to be a missing part of the Order). Attorney Andes indicated that a letter requesting his client's participation should be sent as he did not recall if he or she agreed in open Court to participate in said counseling. 10. Undersigned counsel sent a letter on Thursday, April 5, 2012, requesting his client's position on this counseling. 11. Attorney Andes in a letter email on April 11, 2012, indicates that he is not in a position to consent at this time. 12. Your Petitioner believes that a Co-Parenting Counselor may be able to resolve many of the custody problems that continually arise between these parties. 13. Your Petitioner believes that the only way Respondent will attend the Co- Parenting counseling is with the Court's directive through an Order of Court. 14. While Petitioner is always at the ready and able to assume the position of primary custodian and welcomes the extra time when it is metered out in bits and parcel to him; Respondent continues to be rigid, inflexible and refuses to show any signs of working together in the best interests of their son, Jacob. WHEREFORE, Petitioner, Joseph Mowery, respectfully requests that this Court enter an Order of Court: A. Holding Respondent in Contempt of this Court's Order of February 27, 2012; B. Order sanctions against the Respondent for not complying with the Court's Order by ordering the Respondent to turn over to Petitioner any cell phones that he purchased for the benefit of the child; C. Order Respondent to provide the minor child with his own phone so that the child can maintain reasonable phone contact his father; D. Order that the parties to attend Co-Parenting Counseling with Dr. Kasey Shienvold, and that the parties share equally in this expense; E. Grant Petitioner attorneys fees and costs in bringing this action; F. Grant such other relief as this Court may deem appropriate. Respectfully submitted, Elizabeth B. S Supreme Co D o.: 60251 Attorney f ' ' ner/Defend,- OFFICE OIL' ELIZABETH B. STONE Suite 303 Camp Hill,IP"A 17011 (717) 909-1500 LINDA I. MOWERY, IN THE COURT OF COMMON PLEAS OF Plaintiff THE NINTH JUDICIAL DISTRICT ` COMMONWEALTH OF PENNSYLVANIA") v . Q aG ? r' No. 2005-3551 CIVIL TERM trt ? c? JOSEPH H. MOWERY, CIVIL ACTION - LAW i p 70 Defendant IN CUSTODY (n z IN RE: CUSTODY MODIFICATION P cri`, ORDER OF COURT AND NOW, this 27th day of February, 2012, upon petition of Plaintiff and conference with all parties, the following amendment to the custody orders of September 22, 2005, and November 21, 2008, are entered: 1. The exchange of the child during school time shall be at the school. The parent having custody in the morning shall deliver the child to school, the parent having custody in the afternoon shall pick up the child from school. 2. When custody exchanges are scheduled for non-school times, to include after school and after the school year, the custody exchange shall be at the Pennsylvania State Police Barracks in Carlisle. 3. While in the custody of the other parent, the other parent shall have reasonable telephone contact with the child. The provisions of the prior orders not amended by this order are in full force and effect. The parties are advised to strictly comply with the terms of the custody orders. TRUE COPY FROM RECORD in Testimony whereof, l here unto set my hand and the seal of said Court at Carlisle, Pa. This _yZ _day of--?1, 20 /-?'- Prothonotary By the Court, Thomas A. Placey C.P.J. Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 For Plaintiff Elizabeth B. Stone, Esquire 1300 Market Street Suite 10 Lemoyne, PA 17043 For Defendant :mae VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ii, " Jo ph Mowery LAW OFFICES OF ELIZABETH B. STONE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Phone (717) 909-1500/ Fax (717) 731-8115 Attorney for Defendant LINDA I. MOWERY, § Plaintiff § V. § JOSEPH H. MOWERY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3551 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Petition for Contempt, filed in the above- captioned matter upon, Mr. Samuel Andes, Esquire, by first-class U.S. mail, addressed as follows: Mr. Sam Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 LINDA 1. MOWERY IN THE COURT OF COMMON PLEAS OF C= N PLAINTIFF CUMBERLAND COUNTY, PENNSYLVqj% ter; tJj N C? %e1 2005-3551 CIVIL ACTION LAW w JOSEPH H. MOWERY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, April 23, 2012_ __ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Office, 1901 State St., Camp Hill, PA 17011 on Thursday, May 24, 2012 at 10:30 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 he 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 ofa 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 hearinij. FOR THE COURT, By: is/ Melissa P. Gree Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Y'OU 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 13ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 S7? /7 e Telephone (717) 249-3166 ?'? ?S !' M C71 / ?Py /Yl? ? B Cr 4V ,z 3 z LINDA I. MOWERY, Plaintiff V. JOSEPH H. MOWERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3551 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ?E ORDER OF COURT AND NOW, this .4"- day of , 2012, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties shall begin co-parent counseling with Dr. Kasey Shienvold. The cost of this counseling shall be shared equally by the parties. Mother shall contact Dr. Shienvold's office to schedule an appointment by close of business on May 25, 2012. 2. The parties will arrange for Jake to be seen for individual therapy by Julie Cadenhead, as recommended by Dr. Kasey Shienvold. Contact to arrange the first appointment shall be initiated by Mother no later than close of business on May 25, 2012. 3. The parents shall sign authorizations which will allow the release of confidential information between Dr. Kasey Shienvold and the child's therapist so that these mental health professionals may coordinate services for the benefit of the child. Unreimbursed expenses associated with the child's therapy shall be addressed as provided through the parties' child support Order pursuant to the Pennsylvania Child Support Guidelines. 4. The Custody Conciliation Conference shall reconvene on June 8, 2012 at 10:30 a.m. before Melissa P. Greevy. The Conference shall be held 1901 State Street, Camp Hill, PA 17011. When the Conference reconvenes the topics for which the parties shall be prepared to negotiate shall include: modification of the parenting schedule, sharing or alternating of holidays, and the summer schedule. In addition, concerns raised in the Petition for Contempt will be reviewed and if not disposed of, may be referred to Court for disposition. The Petition for Contempt shall be held in abeyance, pending the next Custody Conciliation Conference. Thomas A. ey, J. Dist: ?- =,- ? Elizabeth B. Stone, Esquire, 3507 Market St., Suite 303, Camp Hill, PA 17011 ? P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 cn? i Cod. e5 pn c? . ?fd? It' u / r `-? -?' LINDA I. MOWERY, Plaintiff V. JOSEPH H. MOWERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3551 CIVIL TERM 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 THE CUSTODY OF Jake Mowery November 6, 2002 Mother 2. Father filed a Petition for Contempt on April 12, 2012. A Custody Conciliation Conference was scheduled for May 24, 2012. In attendance were the Mother, Linda I. Mowery, and her new counsel, P. Richard Wagner, Esquire; the Father, Joseph H. Mowery, and his counsel, Elizabeth B. Stone, Esquire. 3. The parties have reached an agreement with regard to participation in co-parent counseling and individual counseling for their son. Father's allegations of Mother's contemptuous behavior include failure to produce the child for custodial periods and interference with telephone contact provided in previous custody Orders. Father has raised a claim for counsel fees. These issues were not resolved at the Conciliation Conference but will be held in abeyance, pending another Conference which shall be scheduled for June 8, 2012 at 10:30 a.m. Dat U,- , - ") (?,, , - Melissa Peel Greevy, Esquire Custody Conciliator :497894 V LINDA I. MOWERY, Plaintiff V. JOSEPH H. MOWERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3551 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDE OF COURT AND NOW, this day of , 2012, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Father will participate in a §5329 evaluation with regard to his recent guilty plea to intentional possession of a controlled substance by a person not registered under the Controlled Substance, Drug, Device and Cosmetic Act. Father will sign an authorization for the release of the §5329 evaluation report to his attorney who will then release it to Mother's attorney. 2. No later than June 15, 2012, Mother shall schedule an appointment for the child to see Julie Cadenhead. 3. Father shall have custody from 8:00 a.m. June 17, 2012 through 8:00 a.m. June 24, 2012, and 8:00 a.m. August 19, 2012 until his return on the morning of August 26, 2012. 4. Mother shall have custody from August 26, 2012 through September 3, 2012. In addition, Mother shall have her second vacation week during July, 2012 and by June 22, 2012, shall notify Father with the specific destination and dates for this trip. 5. Father's next three custodial weeks shall begin on July 1, 2012, July 8, 2012 and -July 15, 2012, as a result of the parties' cooperation to adjustment the schedule to accommodate vacations. BY THE OU T: Thomas A. Pla ey, J. Dist: Esquire, 3507 Market St., Elizabeth B. Stone Suite 303, Camp Hill, PA 17011 s ?€- , ? P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 x:. a -It-01 ?K LINDA I. MOWERY, Plaintiff V. JOSEPH H. MOWERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3551 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER DIRECTING EXPERT EXAMINATION AND REPORT PURSUANT TO RULE 1915.18 ST AND NOW, this 21_ day of-vt , 2012, it is hereby Ordered that: Dr. Arnold T. Shienvold shall conduct a custody evaluation. 2. The evaluator shall make specific recommendations for legal and physical custody, along with the specific reasons for said recommendations. 3. The parties shall participate fully with the evaluator on a timely basis, including retaining the evaluator on appropriate terms, scheduling appointments, paying promptly, participating in all sessions and in appropriate testing recommended by the evaluator and executing any reasonable consents relating to themselves and their child. 4. The cost of the evaluation shall be born by the parties as follows: 50% to Father and 50% to Mother. The cost of the evaluator's time for depositions and/or testimony for hearing shall be allocated 50% to Father and 50% to Mother. 5. The parties shall deposit their initial retainer and schedule their first appointments for the custody evaluation no later than July 15, 2012. 6. The evaluator may consult or interview any person the evaluator reasonably believes can provide relevant information, including other experts and/or fact witnesses. 7. The evaluator may utilize services of another qualified professional (e.g. to perform additional services) without Court approval. 8. Subject to the applicable Rules of Evidence, the evaluator's file (including notes, exhibits, correspondence, test interpretations and, to the extent it is not a violation of copyright law or applicable Professional Rules, raw test data) shall be made promptly available to counsel for the parties. 9. Provided that the parties cooperate on a timely basis, the evaluator shall deliver his or her report to counsel for the parties, any unrepresented party, the guardian ad litem, and/or counsel NO. 2005-3551 CIVIL TERM for the child, if any, and to the Court at least 30 days prior to the first day of trial. The report shall not be filed of record. 10. Prior to and/or subsequent to the submission of the evaluator's written report, counsel for the parties shall not be permitted to communicate with the evaluator as to substantive issues, without the consent or direct participation of counsel for the other party. 11. If the report or any information from the evaluator is provided to the Court, the evaluator shall be subject to cross examination by all counsel and any unrepresented party regardless of who obtains or pays for the services of the evaluator. 12. The evaluator shall be provided with a copy of this Order. 13. The evaluator's report shall not be inappropriately disseminated. FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN FINES, IMPRISONMENT OR OTHER SANCTIONS. B Thomas A. lacey, J. Dist: ? Elizabeth B. Stone, Esquire, 3507 Market St., Suite 303, Camp Hill, PA 17011 r C; P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 -= Y^?v ° 1 WD 7 LINDA I. MOWERY, Plaintiff V. JOSEPH H. MOWERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3551 CIVIL TERM 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: The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jake Mowery November 6, 2002 Mother 2. Father filed a Petition for Contempt on April 12, 2012. The Custody Conciliation Conference was reconvened on June 8, 2012, as planned at the Conciliation held previously on May 24, 2012. In attendance were the Mother, Linda I. Mowery, and her new counsel, P. Richard Wagner, Esquire; the Father, Joseph H. Mowery, and his counsel, Elizabeth B. Stone, Esquire. 3. Mother reports that she has a co-parent counseling appointment on June 13, 2012 with Kasey Shienvold. She also attempted to arrange an appointment for the child's therapy but has not yet received an appointment because of a request that the co-parent counselor and therapist be able to speak in order to plan the scope of Ms. Cadenhead's work. The parties agreed that Father would participate in a §5329 evaluation for chemical dependency now that he has apparently pled guilty to a drug crime. Counsel also agreed that Father would sign an authorization for the release of the report to his attorney, who would then release the report to Mother's attorney, P. Richard Wagner, Esquire. 4. The parties were not able to reach an agreement regarding the pending Contempt Petition filed on April 12, 2012, nor upon Father's request for modification of the schedule of custody. However, they were able to reach other agreements documented in the Order as attached. 5. Father's position on custody. Father would like an equally shared schedule arranged on a week-on, week-off basis, and in the interim would prefer to have his scheduled custodial time adjusted to have his custody time begin on Fridays, rather than on Sundays. 6. Mother's position on custody. Mother objects to the modification of the Order, including Father's interim request to rearrange the days upon which Father's current number of days actually occur. 7. In light of the chronic ongoing conflict and difference of opinion between the parties with regard to the custodial schedule, the parties have agreed to participate in a custody evaluation with NO. 2005-3551 CIVIL TERM Dr. Arnold T. Shienvold. Accordingly, a second separate Order for this evaluation is provided with the Custody Conciliation Summary Report and with the Order regarding the agreements the parties reached at the June 8, 2012 Conciliation Conference. ?elIS/) z Date 1?1 Qd D?xl? elissa Peel Greevy, Esquire Custody Conciliator 500799 LINDA I. MOWERY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA- A rrri t_ 2005-3551 CIVIL ACTION LAW F JOSEPH H. MOWERY Mrs IN CUSTODY c, =jr DEFENDANT , ..• - ORDER OF COURT N 6 D r.. AND NOW, Monday, July 23, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 28, 2012 at 10:0 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in d if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a to 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/ Jacqueline M. Verne , Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the AmE 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 arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch 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. or/ i?fio" Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 e;o C.('11c5'7'V y- 7/a y/1Z A ; or ed ff~ ~ 4; ` LINDA I. MOWERY, Plaint3ff/Respondent V. JOSEPH H. MOWERY, DefendantlPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2005-3551 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT r,~ AND NOW, this ~/ day of , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. ----v ---- --- --- ^'! , ~rva_, car o' _ en. or purposes o is , ~ s proc mih y with ' ~T~Y• C an opposing co Me will be expected to testify at the Hearing and a s imm of the a~nticinated est;mnnv of each 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated September 22, 2005, November 21, 200$, February 23, 2012, February 27, 2012 and the two Orders dated June 21, 2012 shall remain in full force and effect with the following modifications. 3. Father shall refrain from the use of alcohol and illegal drugs immediately before and during his periods of partial physical custody. 4. The parties shall cooperate with therapeutic family counseling with Kasey Shienvold or with whomever he recommends. 5. The parties shall continue to cooperate with the child's psychotherapist, Julie Cadenhead. 6. Dr. Arnold Shienvold, the custody evaluator, is requested to provide a status report by November 14, 2012 and recommend a holiday schedule for the parties. In the event that Dr. Shienvold does not feel it is appropriate to recommend a holiday schedule, counsel for the parties shall participate in a telephone conference with the conciliator to resolve the holiday schedule. Said telephone conference is scheduled for November 15, 2012 at 4:00 p.m. ~~.ct ~~~ 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT Conur~on gapoyJ. -/ c~: Elizabeth B. Stone, Esquire, counsel for Father / P. Richazd Wagner, Esquire, counsel for Mother C~p~es w~..`I~~ 9~~lla ~, ~, ~, ~ ~ {° Zq ~. Z "~' C7 ~„~ ~ ~k "'~ .~ ',~.: LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2005-3551 CIVIL ACTION -LAW JOSEPH H. MOWERY, : IN CUSTODY Defendant . PRIOR JUDGE: Thomas A. Placey, J. CUSTODY CONCILIATION SUMMARY RFPt~RT 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 Jacob Haller Mowery November 6, 2002 Mother 2. A Conciliation Conference was held August 28, 2012 with the following individuals in attendance: The Father, Joseph H. Mowery, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Linda I. Mowery, with her counsel, P. Richazd Wagner, Esquire 3. The Honorable Edgar B. Bayley previously entered Orders of Court dated September 22, 2005 and November 21, 2008 providing for shared legal custody, Mother having primary physical custody, with Father having three out of four weeks Sunday at 1:00 p.m. to Tuesday morning and every Thursday 4:00 p.m. to 7:30 p.m. The Honorable Thomas A. Placey entered Orders of Court dated February 23, 2012, February 27, 2012 and two Orders dated June 21, 2012. 4. Father has completed the §5329 evaluation which opines that "Assuming Joseph is able to abstain from alcohol and/or drug use when he is responsible for his child, there appears to be no reason why, from a psychological perspective, he can not be a capable and competent caretaker for his child." 5. Due to Kasey Shienvold's §5329 evaluation, he did not feel he should be the parties' co-parenting counselor, so that service has not started yet. Due to Mother's misconception regarding Kasey Shienvold's involvement in speaking to the child's psychotherapist regarding the parties' co-pazenting counseling which he declined, the child did not begin seeing Julie L. Cadenhead until August 8, 2012. Further, it was believed by Mother's counsel that the custody evaluation should not begin until the §5329 evaluation was completed, as a negative report would negate the need for a custody evaluation. An appointment for the custody evaluation has anly been initiated today. 6. Father's position on custody is as follows: Father seeks shazed legal custody and primary physical custody. Father believes Mother is alienating the child from him. Father believes he is can provide an appropriate and safe home for the child. 7. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody and maintaining the status quo for Father's periods of partial physical custody. 8. The Conciliator recommends an Order in the form as attached scheduling a Hearing and rmaintaining the current orders. It is expected that the Hearing will require one day. -g.~',v ~--.~ lit. V Date cqu ne M. Verney, Esquire Custody Conciliator LINDA I. MOWERY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW JOSEPH H. MOWERY, . Defendant NO. 05-3551 CIVIL TERM IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 5th day of November, 2012, a pretrial conference was held in the jury deliberation room of Courtroom Number 6 of the Cumberland County Courthouse. Present on behalf of Plaintiff was P. Richard Wagner, Esquire; present on behalf of Defendant was Elizabeth B. Stone, Esquire. Upon the representation of counsel, the custody trial scheduled for the 21st of November, 2012, is continued generally. A counsel only status conference shall occur on the 21st of November, 2012, at 9:30 a.m., in the jury deliberation room of Courtroom Number 6 for the purposes of addressing the holiday schedule and possible trial rescheduling. If possible, the input of Dr. Arnold Shienvold through the use of advanced communication technology is requested. The 6th September 2012 order remains in full force and effect. By the Court, / P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 For Plaintiff Elizabeth B. Stone, Esquire 3507 Market Street, Suite 303 Camp Hill, PA 17011 For Defendant 4-I.~ Placey C.P J. ~- ~ N C.~ --~ rnm ~ ~,~_~ zrn r" © r cn ~ Gr r-- z '-~ c ~ ~ z` c7 -r~ a . c cw ~ .~.. ~" mae ~ ~ :~ .,~ .. 2~12MOV21 AMID3~ LINDA IRENE MOWERY, § Plaintiff/Respondent § v. § JOSEPH H. MOWERY, § Defendant/Petitioner § IN THE COURT O~ ' ~F CUMBERLAND COU VANIA No. 2005-3551 CIVIL ACTION -LAW IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF Sl AND NOW, this ~-1 day of ~dJ~Nt~c~---~ 2012, comes Your Petitioner, Joseph H. Mowery, by and through his attorney, Elizabeth B. Stone, Esquire, of Law Offices of Elizabeth B. Stone, and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. The above named parties are currently embroiled in the middle of a seven-year custody battle over the parties' minor child: Jacob Haller Mowery, born November 6, 2002. 2. The Parties are currently abiding by a Custody Order of Court dated September 22, 2005, whereby the Petitioner was given periods of temporary partial physical custody of the minor child. 3. The Petitioner currently has partial physical custody of their minor child as follows: a. Every Thursday afternoon from 4:00 p.m. to 7:30 p.m.; b. Three weekends out of four from Sunday at 1:00 p.m. to Tuesday at 7:00 a.m. Sri- ~ ~~ . ~~ /~~' ~ ~~3 ~'~ regardless of whether school is in session or not. 4. The Petitioner has recently learned that Respondent plans on relocating with the minor child to another school district in the middle of this custody litigation. Petitioner basis this on the fact that Respondent sold her house last week, rented a house across the street, moved the minor child and herself together with all of her belongings into the new rental house and has told their minor son that they are going to move from the Big Spring School District to Boiling Springs in the next several weeks. 5. Petitioner avers that Respondent's actions not only fly in the face of common sense, but, importantly, her intended move to Boiling Springs clearly violates the new custody law passed on January 24, 2011, under 23 Pa. C.S.A. 5322 (a), wherein the statute defines a relocation as a residential change which "significantly impairs" the custodial rights on the parent who remains behind. 6. The parties are now currently scheduled for a counsel only conference instead of a custody trial with the Honorable Thomas A. Placey, on Wednesday, November 21, 2012, at 9:30 a.m. to discuss holiday schedules and to discuss with Dr. Shienvold a completion date for his anticipated custody evaluation report. 7. The trial date has now been continued generally because the parties are undergoing a full custody evaluation by Dr. Arnie Shienvold who has yet to complete his evaluation and subsequent report. 8. It is averred that this attempted move by Respondent has caused immeasurable damage to the minor child as evidenced by the child's increasingly elevated stress level and bad behavior over the last few weeks, both in school and out of school. 9. The minor child currently attends the Hilltop Academy through the Big Spring School District program exchanges. 10. The school's administrative staff has reported to both parents that on at least four occasions over the last several weeks that the child has been acting inappropriately, bullying other students, damaging school property, seems sullen and extremely distressed and, as a result of this bad behavior, has had to suffer the consequences. 11. On Monday, November 19, 2012, two different teachers contacted the parties regarding the child's bizarre remarks to them throughout the day. Immediately, upon receiving this frightening report, the Petitioner contacted that child's therapist, Ms. Julie Cadenhead, to find out what to do. Ms. Cadenhead was unfortunately out of the office for the holiday, and not scheduled to return until November 26, 2012. The Petitioner did have the minor child speak directly with the Pinnacle Health Services on-call psychologist for ten minutes to find out the level of severity of the child's claims. Your Petitioner then called Dr. Arnie Shienvold to find out if he would speak with the minor child to find out what was going on; Dr. Shienvold declined due to a perceived conflict within his role as custody evaluator. 12. The Petitioner kept the child home from school on Tuesday, November 20, 2012, which was only a %2 day of school, before the Thanksgiving break, to let him calm down, as he expressed very clearly to his father that he did NOT want to see his mother. The decision to keep him home from school was based upon the recommendation by the on-call therapist. Petition did attempt to contact the school psychologist, Mrs. Tracey, who was also gone until after the Thanksgiving break. 13. Petitioner believes that the main source of the minor child's stress is with the Respondent and her belittling comments to the child in her home. Respondent, the child's mother, is constantly making disparaging comments about his father, your Petitioner herein. Predictably, her words are causing their son immeasurable distress. 14. Your Petitioner is extremely concerned for his son's physical and mental health at this point in time. The minor son has become so distressed that he has become verbally abusive to his own mother, the Respondent, threatening to do things to his own mother. This was reported to your Petitioner by the Respondent. 15. Your Petitioner avers that Respondent believes that she is above the law and will not abide by any Order directing her not to move. 16. The Respondent has yet to indicate to the Petitioner if the minor child will remain in the Big Spring School District. In fact, Respondent has not mentioned to Petitioner that she has sold her house and plans to move. Petitioner only learned of Respondent's intended move through conversations with their ten-year old son. 17. The Respondent has yet to indicate to the Petitioner how this move will affect his current custody arrangement on a permanent basis. 18. The Respondent has never filed any official "Notice" to the Petitioner by Certified Mail, Return Receipt Requested, nor did it include aCounter-Affidavit, despite letters to counsel relaying suspicions that his client was planning to move months ago. 19. It is believed and therefore averred that the Petitioner must file an Emergency Petition in order to halt the Respondent in her attempts to relocate without his permission with their minor child to a different school district as the Petitioner is adamantly opposed to such relocation. 20. It is believed and therefore averred that it is in the best interest of the minor child for this Petitioner to exercise Primary Physical Custody with the child since he has lived in the Big School District his entire life, and been attending school in the Big Spring School District, and most importantly, the Respondent has not complied with the Pennsylvania Custody laws regarding relocation. 21. It is believed and therefore averred that the Respondent is not moving to better herself or the minor child, but merely moving to control her child and cut him off from his interaction with the Petitioner whom the child loves dearly, in her fruitless, but endless attempts, to alienate the child's affections towards his father, your Petitioner. 22. It is believed and therefore averred that the Respondent is solely making this move for herself and is not thinking of the best interest of their minor child. 23. Your Petitioner is retired, has no work schedule, and thus can accommodate a better schedule for their minor child if necessary to allow more flexibility for school pick-ups and drop-offs for the 2012-2013 school year. 24. Your Petitioner believes that he is flexible and would readily accommodate any requests of additional or changes in any custodial time were he to be granted Primary custody of the minor child. Petitioner's attitude is in complete juxtaposition with how the current arrangement with the Respondent currently is, in that, the Respondent refuses to accommodate any schedule changes that she has not initiated or do not benefit her exclusively. 25. The new statute sets forth 15 specific factors for the court to consider in determining custody, with a 16th factor being "any other relevant factor." A few of the specific factors that the Court is directed to consider are "which party is more likely to encourage and permit frequent and continuing contact between the child and the other party; "the need for stability and continuity in the child's life; and finally, "the well-reasoned preference of the child, based on the child's maturity and judgment, and the level of conflict between the parties and the willingness and the ability of the parties to cooperate with one another. 26. Your Petitioner respectfully asks the Court to consider that he, as the father, has always put his son as a priority, has always put his son's best interests first, and would be the parent that the minor child would choose to live with at this point in his life. 27. The Petitioner would agree to a shared visitation schedule during the summer months that would allow both parents to enjoy their minor son. 28. The Petitioner has filed a Petition to Modify Contempt, currently assigned custody to the Honorable Thomas A. Placey to hear all matters. 29. The Respondent has at no time complied with 23 Pa.C.S. §5337 regarding the rules for relocation under the new custody statute that took effect on January 24, 2011. WHEREFORE, Petitioner prays that this Honorable Court to enter an Order directing the following: 1. Enter an Order granting Petitioner is Special Relief; 2. Grant Petitioner Primary Physical Custody at this time; 3. Order that the minor child is to remain enrolled in the Big Spring School District; 4. Order that Cumberland County Court of Common Pleas retains jurisdiction in this custody matter; and 5. Order that the minor child will not be permitted to reside outside the county now or in the future with out express consent of this Honorable Court. Date: i ?~ Respectfully submitted, E~~ be .Stone, Esquire Atto D No. 60251 3 arket Street, Suite 303 Camp Hill, PA 17011 (717) 909-1500 Attorney for Petitioner LINDA I. MOWERY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - LAW JOSEPH H. MOWERY, Defendant NO. 05-3551 CIVIL TERM IN RE: HOLIDAY CUSTODY SCHEDLJLE ORDER OF COURT AND NOW, this 21st day of November, 2012, after the scheduled status conference and following telephonic conference with Dr. Shienvold and discussion and argument from the parties' respective counsel, the following holiday schedule is made for the remainder of the 2012 calendar year in adjustment to the normal custodial exchange periods: 1. Mother will have child until 4 p.m. November 22nd, 2012. 2. Thereafter, Father will have child until 1:00 p.m. November 25th, 2012, and then return back into the regular custody rotation. 3. At Christmas, Mother shall begin the holiday from December 21st, 2012, through December 25th, 2012, at 1:00 p.m. 4. Thereafter, Father shall have from 1:00 p.m. December 25th, 2012, through 1:00 p.m. on December 29th, 2012. 5. Thereafter, Mother shall have child from December 29th, 2.012, at 1:00 p.m. through December 31st, 2012, at 6:00 p.m. 6. Father shall conclude. this holiday schedule starting December 31st, 2012, at 6:00 p.m. through the return to school on January 2nd, 2013, and back into the normal custody rotation. All exchanges shall occur as they have beers at the Pennsylvania State Police Barracks. I:n the event Dr. Shienvold's recommendations are out in advance of this holiday schedule, the parties are to defer to that schedule absent a court order. The child shall be at school unless medically necessary, and a doctor's excuse is required. Neither party shall relocate from the current school district without compliance with the statutory relocation provisions found in Title 23. Neither party shall consume alcohol or illegal substances while they are enjoying their period of partial physical custody with th.e child. Finally, the parties are directly reminded :by the Court that they shall be respectful of one another especially in front of the child. There shall be no threatening, abusive, or tumultuous language and behavior used at any time during these custodial interactions. By the Court, _--- Thomas A. 1 cey, C.P.J. ,~ _ ~P. Richard Wagner, Esquire ~;. ~~~; ~, ,,,~, ~,,~. For Plaintiff „~f=~~ ~ ~= -~; -s- . Elizabeth B. Stone, Esquire --f~: - _.;.~; For Defendant ~ -cr .Y=om. ..' ,~.. / Carlisle PSP "~`~ -_ -- ,. ml c ~ ~op•es ~• l~~ ~l~~t i~ _ ,,.,~7 = ,~~G LINDA IRENE MOWERY, Plaintiff/Respondent v. JOSEPH H. MOWERY, Defendant/Petitioner ~, IN THE NINTH JUDICIAL DISTRICT COURT OF COMMON PLEAS [') P-.7 C. r-7 2005-03551 CIVIL TE1~1 `~-~ ~~~ C~ "~~ IN CUSTODY ~~~~-, ~; I"'.. IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF = ° :--> ~= ORDER OF COURT ~::f -~-- ~;, AND NOW, this 28t" day of November 2012, upon consideration of the Emergency Petition for Special Relief filed by Petitioner, and it appearing that a notice of relocation has not been filed in the above-captioned case, and that there is no immediate danger to the health and well-being the parties' minor child, the parties are ORDERED and DIRECTED to abide by this court's prior order dated 21 November 2012, specifically the language stating that neither party shall relocate from the current school district without compliance with the statutory relocation provisions found in Title 23. At either parties' request, the matter may be heard before a conciliator, in advance of the pending custody trial. No further relief is granted at this time. Thomas A. Placey C.P.J. ,~ Distribution List: P. Richard Wagner, Esq., 2233 North Front Street, Harrisburg, PA 17110 / Elizabeth B. Stone, Esq., 3507 Market Street Ste 303, Camp Hill, PA 17011 iP~ ~ati1~ ~~ la- z,.. y -~ -~ _ ,.~ r~~-_ ~-~ ~- i %.~~~ (~r7 , `-{ t] y ,;~ ~.-> ^.~ LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA, ... , `.y r_, -, V. ~ : N0.2005-3551 CIVIL ACTION - > ~ ~-~. , ~~ ~ ..., Z ~ ~~ ~-~ -~',,..,., JOSEPH H. MOWERY, ~ '~~ ~ ~~-~; Defendant : IN CUSTODY E~-'`~', ~ --~ "~~yr` ~~-: -- t' ~` ~" C.~3 t': .. _. : ORDER OF COURT ~~ ~~° "`" ~~. ;:;: AND NOW, this 20`h day of November, 2012, being advised that the parties did not need a conciliation conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~~ . ~,~ Jac eline M. Verney, Esquire, Custod onciliator C_') LINDA IRENE MOWERY, § PlaintiffiR+espemlent § V. § JOSEPH H. MOWERY, § Defendant/Petitioner § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-3551 CIVIL ACTION - L4W r OU IN CUSTODY PETITION FOR SPECIAL RELIEF AND P 7 W AND NOW, this day of December, 2012, comes Your Petitioner, Joseph H. Mowery, by and through his attorney, Elizabeth B. Stone, Esquire, of Law Offices of Elizabeth B. Stone respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. Your petitioner, Father, and the respondent, Mother, are the above named parties who are currently embroiled in the middle of a seven-year custody battle over their only child, Jacob Haller Mowery, born November 6, 2002. 2. Counsel for the Parties met with the Honorable Thomas Placey for a status conference on November 21, 2012, to discuss the holiday schedule for Thanksgiving and Christmas. At that time, a conference call was held with Dr. Arnie Shienvold, who is currently performing a custody evaluation, to gather his input regarding a shared holiday schedule. 3. The Court issued an Order outlining the "holiday" schedule for the parties to abide by to take them through the holidays in the event Dr. Shienvold had not yet (jo C?Wkk 68?'O0( ON GL4 )3s-7 P-*- el? 51Vq (09 17. Father avers and believes that the main source of the minor child's stress and anger is because of his Mother and her rigidity and punishment regarding the child's love for his Father. 18. The child repeatedly tells his father that his mother speaks badly about his father, and grandmother; threatens to beat him and punish him if he says anything nice about his father. Father avers that the minor child told him that his mother says that she knows everything that he tells his therapist and will punish him if she hears anything good said about the Father. 19. The child recently told Father that Mother had some big man named "Bubba" hold him down while his mother tore his room apart looking for his cell phone. She evidently found it and took the 7t" phone provided by Father. 20. Mother is in contempt of the first Custody Court Order dated September 22, 2005, wherein this Court stated in Paragraph #3 in full: The Mother, Linda I. Mowery, and the Father, Joseph H. Mowery shall have shared legal custody of Jacob Haller Mowery, born November 6, 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. 21. Father avers that the Mother is in Contempt of the September 22, 2005, Order of Court when Mother took the subject minor child to the pediatrician after -5- WHEREFORE, Petitioner prays that this Honorable Court to enter an Order directing the following: Enter an Order granting Petitioner his Emergency Relief, 2. Find Linda I. Mowery in contempt of Court of Court Orders dated September 22, 2005, February 27, 2012, and November 21, 2012; 3. Grant Father, your Petitioner, Primary Physical Custody at this time and until such time as the custody evaluation is completed ; 4. Grant Father's request for additional time during the Christmas break, specifically allowing Father to have continuous custodial time from December 25 through January 2, 2013. Order that Cumberland County Court of Common Pleas retains jurisdiction in this custody matter; and 6. Order that Linda I. Mowery shall pay for costs of filing; 7. Enter an Order for any and all other relief that this Court deems just and proper. Respectfully submitted, Date: De- cc^,hce 11- zoo1 L 'Stone, Esquire No. 60251 ,?3O arket Street, Suite 303 C p Hill, PA 17011 17)909-1500 Attorney for Petitioner -7- LAW OFFICES OF ELIZABETH B. STONE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Phone (717) 909-1500/ Fax (717) 731-8115 Attorney for Defendant LINDA I. MOWERY, § IN THE COURT OF COMMON PLEAS OF PlaintifVRespondent § CUMBERLAND COUNTY, PENNSYLVANIA V. § CIVIL ACTION - LAW JOSEPH H. MOWERY, § NO. 2005-3551 CIVIL TERM Defendant/Petitioner § § IN CUSTODY CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Petition for Special Relief and Petition for Contempt, filed in the above-captioned matter upon, Mr. P. Richard Wagner, Esquire, by first-class U.S. mail, addressed as follows: P. Richard Wagner, Esquire Mancke Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 DO I j / -- 'lL rE0-0 F F1�- T 11 €R,0 H 0N'1-11- 2013 MAO Y 15 PE� 11: 01 D The Law Offices of Elizabeth B. Stone 3507 Market Street CUMBERLAND COt�1;11 � Suite 303 PENNSYLVANIA Camp Hill, PA 17011 Phone (717)909-1500 Fax(717) 731-8115 LINDA I. MOWERY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § CIVIL ACTION - LAW § CUSTODY JOSEPH H. MOWERY, § Defendant § NO. 2005-3551 PETITIONER'S PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Joseph Mowery, by and through his attorney, Elizabeth B. Stone and moves this Honorable Court to grant his Petition for Special Relief, and in support thereof,presents the following: 1. On June 21,2012,the Court signed an Order of Court for the appointment of Dr.Arnold Shienvold to conduct a comprehensive custody evaluation to assist the Court understanding the complexities of the parties custody dispute, and to make recommendations to the Court. 2. Petitioner, Joseph Mowery, has cooperated fully and has completed the evaluation to Dr. Shienvold's satisfaction. 3. On the other hand,Linda Mowery, has failed to cooperate and has refused to complete her portion of the evaluation. See letter from Dr. Shienvold dated April 16, 2013, attached as Exhibit A. Q �� C �`/o7 �9os9� 4. Dr. Shienvold and his staff have made multiple requests for Linda Mowery to complete the psychological testing portion of the evaluation. Repeatedly, Linda Mowery has made excuses so as to not participate. See Exhibit A. 5. Without a Court Order,Linda Mowery is unlikely to undergo the psychological testing requested by Dr. Shienvold. 6. Without Linda Mowery's full participation,Dr.Shienvold cannot complete his evaluation and he is unable to make recommendations to the Court. 7. It is Petitioner's belief that Linda Mowery is purposefully avoiding completing her portion of the custody evaluation to prevent Dr. Shienvold from finalizing his evaluation and from making recommendations to the Court. WHEREFORE, Petitioner respectfully requests this Honorable Court grant Petitioner's Petition for Special Relief, and enter the proposed Order attached Hereto. Respectfully submitted Elizabeth . to e, Esquire Supre Co . No.: 60251 Att ey r titioner Elliot Riegler,Ph.D.(1948-1999) � �r Shienvold T.Shienvold,Ph.D. �ASSOCIdt�S Melinda Sash,MS James Eash,LSW Bonnie Howard,Ph.D. Amy K.Keisling,ACSW,LCSW Jeffrey Pincus,Ph.D. Ann Vergales,ACSW,LCSW April 16,2013 Kasey Shienvold,Psy.D.,MBA John Sivley,LCSW,CAC LETTER SENT VIA EMAIL AND USES Kimberly Bridgman,LSW Brooke Yellets,LPC Elizabeth Stone,Esquire 3507 Market Street Suite 303 Catnip Hill,PA 17011 P. Richard Wagner,Esquire 2233 North Front Street Harrisburg,PA 17110 Re: Joseph Mowery v.Linda Mowery Dear Attorneys, The purpose of my letter is to update you on the status of the custody evaluation that Dr.Arnold Shienvold is conducting for your clients,Mr. Joseph Mowery and Ms.Linda Mowery. As of this date,Mr. Mowery has completed his portion of the custody evaluation concluding with his hoarse evaluation on January 21,2013. Ms.Mowery concluded her interviews on March 5,2013. However,as of this date,Ms.Mowery has not completed the psychological testing despite.numerous requests to do so. Ms.Mowery has offered up numerous reasons for not being able to do the testing including illness,issues with Jake and work obligations. I respectfully request any assistance that you could provide in helping to bring this evaluation to a close.Once the testing is complete,final statements will be sent to the parties for payment. Upon payment in full frown both parties,Dr. Shienvold will move forward with writing his report. Sincerely, Susan E. Smith Administrative Assistant Dr.Arnold T. Shienvold p;,: Joseph Mowery(via LISPS only) Linda Mowery(via LISPS only) 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 (717) 540-1313 Fax: (717) 540-1416 www.rieglershienvold.com LINDA I.-MOWERY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA § V. " § CIVIL ACTION - LAW § CUSTODY JOSEPH H. MOWERY, § Defendant § NO. 2005-3551 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Petitioners's Petition For Special Relief, filed in the above-captioned matter, upon Plaintiff, by regular U.S. mail, addressed as follows: P. Richard Wagner, Esquire Mancke Wagner& Spreha 2233 North Front Street Harrisburg, PA 17110 Date /Eleabet one, Es quire urt I.D. No.: 60251 VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: l Jo h Mo e LINDA IRENE MOWERY, INS Plaintiff/Respondent IN THE NINTH JUDICIAL DISTRICT V. COURT OF COMMON PLEAS 2005-03551 CIVIL TERM JOSEPH H. MOWERY, Defend ant/Petitioner IN CUSTODY IN RE: PETITIONER'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this day of May 2013, upon consideration of Petitioners Petition for Special Relief, a RULE is issued upon Respondent, Linda 1. Mowery, to show cause why the relief requested should not be granted. PETITIONER shall effectuate service of this Rule upon Respondent. Proof of service must be filed prior to the court entertaining a motion to make rule absolute. RULE RETURNABLE twenty (20) days from the date of service by Petitioner. BY THE COURT, ,A Thom&s A. Placey C.P.J. D' t 'b ution: '7P Richard W agner, Esq. CD 4lizabeth B. Stone, Esq. C= C'j Ck � 7 LINDA I. MOWERY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § CIVIL ACTION - LAW § CUSTODY JOSEPH H. MOWERY, § Defendant § NO. 2005-3551 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Order of Court, dated May 16, 2013,including the RULE issued upon Respondent,Linda I Mowery,upon Plaintiff,by U.S. first class and certified mail, restricted delivery, return receipt requested, addressed, a� Ca follows: � C T1 P. Richard Wagner, Esquire Mancke Wagner & Spreha `� 2233 North Front Street " ' Harrisburg, PA 17110 and did thereafter receive same as evidenced by the attached Post Office receipt card dated May 29, 2013. i3 Date Eliz . S ne, Esquire re i C rt I.D. No.: 60251 USPS.com® - Track& Confirm Page 1 of 1 English Customer Service USPS Mobile Register/Sign In AJUSP .Coff Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm f GETEMAIL UPDATES PRINT DETAILS f YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE 8 TIME LOCATION FEATURES 70122920000195124331 ,r First-Class Mail® Delivered .May 29,2013.12:36 pm HARRISBURG,PA 17110 Expected Delivery By: M May 30,2013 i I I Certified Mail' Return Receipt 1 Depart USPS Sort I May 29,2013 ;HARRISBURG,PA 17107 ! Facility I j I Processed at USPS May 29,2013,2:19 am HARRISBURG,PA 17107 !Origin Sort Facility I Dispatched to Sort May 28,2013,6:49 pm i CARLISLE,PA 17013 I, 1 Facility 1 I I Acceptance I May 28,2013,5:03 pm II CARLISLE,PA 17013 Check on Another Item What's your label(or receipt)number? Find LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy, Government Services> About USPS Home, Business Customer Gateway) Terms of Use> Buy Stamps 8 Shop, Newsroom, Postal Inspectors, FOIA, Print a Label with Postage> Mail Service Updates, Inspector General, No FEAR Act EEO Data, Customer Service, Forms&Publications, Postal Explorer> Delivering Solutions to the Last Mile, Careers, Site Index, Copyrightm 2013 USPS.All Rights Reserved. COMPLETE • ON COMPLETE • • Complete items 1,2,and 3.Also complete A. SI ature item 4 if Restricted Delivery Is desired. X v 0 Addressee rrt • Print your name and address on the reverse — Addressee so that we can return the card to you. B. . 13d ( ' ted Nam C. Date of Delivery • Attach this card to the back of the mailplece, (Xi� or on the front if space permits. D. I delivery a dress different 6ITI item 1? [3 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Certified Mail ❑Express Mail 0 Registered ❑Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 012 2920 '0001 9 512 4331 (Fransfer from service labrl PS Form 3811,February 2004 Domestic Return Receipt 102595-024vi-1540 https://tools.usps.com/go/TrackConfirmAction.action 6/3/2013 LINDA I. MOWERY, u° °J ,,au Iiti 'EI Plaintiff •� u .� .�: 4.706: 111 IN THE COURT OF COMMON PLEAS v. OF THE NINTH JUDICIAL DISTRICT 2005-03551 CIVIL TERM JOSEPH H. MOWERY, Defendant IN CUSTODY IN RE: REQUEST FOR STATUS CONFERENCE ORDER OF COURT AND NOW, this 17th day of October 2013, upon consideration of the request from counsel for a status meeting, the conference is scheduled for 19 November 2013 at 3:30 p.m. in Courtroom No. 6, jury deliberation room, of the Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Thoma . Placey, C.P.J. Distribution: Elizabeth Stone, Esq. .X=1. Richard Wager, Esq. CO triblf-cL /0/14//%3 rr`r1 C- r)t) Cf> - 7,4 -C.' LINDA I . MOWERY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v 05-35:5/ C - &S -2'r6S. CIVIL TERM - JOSEPH H. MOWERY, CIVIL ACTION - LAW x cu rri r."`;- Defendant IN CUSTODY =77 t-3 dry; cn ji IN RE: STATUS CONFERENCE =c; y' r --- ORDER OF COURT ; AND NOW, this 19th day of November, 2013 , following a status conference held in the jury deliberation room of Courtroom Number 6 with counsel, the Court issues a rule to show cause on Plaintiff to answer why the entry of the requested temporary order is inapplicable at this time or in the alternative outline the issues related to the custody evaluation of Dr. Arnold Shienvold of 8/27/13 . The Court schedules trial in the custody matter beginning on 14 January 2014, at 9 : 00 a.m. , in Courtroom Number 6 of the Cumberland County Courthouse. The purpose of this morning hearing, to be completed by 11 : 30 a.m. , is for the testimony of Dr. Shienvold. Thereafter testimony of the parties will be taken on the 15th of January, 2014 , at 1 : 30 p.m. , in Courtroom Number 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The parties are directed to sign any releases necessary for the child' s school records to be released to either parties ' counsel, which are to be shared with the other counsel . Witness testimony is limited to events since the last court order. The Court recognizing that it had previously done a holiday schedule almost one year ago and the need for a new temporary holiday schedule following argument from counsel orders r^ the following limited holiday schedule regarding Thanksgiving and Christmas : A. On Thanksgiving Mother shall have the child from 9 : 30 a.m. until 3 : 00 p.m. Thereafter Father shall have the child from 3 : 00 p.m. until 9 : 00 p.m. B. On Christmas Father shall have the minor child from December 24 , 2013 , at 3 : 00 p.m. , until December 25th, 2013, at 3 : 00 p.m. Thereafter Mother shall have the child from December 25th, 2013 , at 3 : 00 p.m. , through December 26th, 2013 , at 3 : 00 p.m. No further changes in the prior custody order is granted at this time . B .- - Thoma A. Placey C. P.J. ✓ Elizabeth Stone, Esquire 3507 Market Street Suite 303 Camp Hill, PA 17011 d///1/). Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 :mae CcJI E.S' '7'64 4 hap- 3 1H 13 DEC 19 AH 8-* 9 Ut,1BERLA '@ COUC ,} )' PrImISYLVAMA P. Richard Wagner, Esquire Attorney ID No. 23103 Wagner&Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone(717) 234-7051 Fax(717)234-7080 Attorney for Plaintiff LINDA I. MOWERY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2005-3551 JOSEPH H. MOWERY, : CIVIL ACTION - LAW Defendant. : IN CUSTODY PLAINTIFF'S ISSUES AS IT RELATES TO THE CUSTODY EVALUATION And now comes the Plaintiff by and through her attorneys and files the following as the issues regarding the custody evaluation. 1. The 5329 Risk Evaluation is flawed because the Assessor did not talk to the investigating officer regarding the DUI. A. The report is flawed because the assessor did not talk to the investigator as it relates to the drug charges, and B. is flawed because the assessor did not thoroughly interview Linda Mowery who was originally told that her meeting was for co-parenting counseling. C. The assessor failed to interview or talk to Mr. Mowery's ex-wife to substantiate the allegations of drug and alcohol abuse and physical abuse; D. the history portion of the 5329 report indicates no significant trouble- makers in the family when in fact Joe has a brother who has multiple criminal charges including drug involvement; E. the assessment fails to take into consideration Mr. Mowery's violent history which was the subject of documentation provided to Arnie Shienvold during the custody evaluation and apparently disregarded by the assessor; F. the assessment fails to consider the relationship that Mr. Mowery had with his second wife, Kathy, which was volatile and Mr. Mowery was unfaithful during that marriage; and G. the assessor failed to take into consideration that Mr. Mowery was violent towards Linda Mowery and unfaithful to her. 2. The Psychological Evaluation of Dr. Arnie Shienvold was flawed for the following reasons: A. Linda Mowery is not aware of any child abuse allegation against Jacob Mowery; B. the report fails to mention that Mr. Mowery on multiple occasions called Mrs. Mowery and yelled at her in front of the child; -2- C. incorrectly concluded that Mr. Mowery was solely responsible for raising Cameron when that is not true; D. failed to request or receive any incident reports from the CAIU for purposes of the evaluation; E. failed to contact Julie Cadenhead and the child's counselor to discuss issues involving the child; F. failed to consider that it was Linda Mowery who wanted the child removed from the CAIU because of the multiple problems, said removal opposed by Joseph Mowery. Once the child was removed and sent to River Rock, the child is now performing well; G. failed to contact Dr. Franco who would have substantiated the abuse that was perpetrated by Mr. Mowery against Mrs. Mowery despite the requests of Mrs. Mowery for Dr. Arnold Shienvold to do same; H. incorrectly found that Mrs. Mowery lost the prescription for the child when in fact it was only day; and 1. the history of Linda Mowery is so inaccurate and flawed that it is difficult to determine how much of the balance of the report if factually inaccurate and how much of the flawed material was relied upon by Dr. Shienvold to perform his evaluation. 3. The evaluation performed by Dr. Shienvold omits considerable information supplied by Linda Mowery including multiple folders that document the physical -3- a abuse of Joseph Mowery towards Linda, including videos which would substantiate same. 4. The report does not indicate that the evaluator contacted Dr.Phelan, Dr. Franco, or Julie Cadenhead had to substantiate any information supplied by Linda Mowery which would have allowed the evaluator to access credibility in favor of Linda Mowery. 5. On page 10, paragraph four (4), concludes that Mr. Mowery told the child that it was Mrs. Mowery who told the police about his drinking attempting to blame the mother for the legal difficulties of the father. The failure of the evaluator to understand the consequence of that plus many other examples concerning Mr. Mowery's drinking and drug use causes Mrs. Mowery great concern in the integrity of the conclusions and recommendations. 6. Failed to recognize that the father blaming the police officer because the father spilled beer in the car for arresting the father, and then blaming the mother that the father lost the license is yet another example of the evaluator's failure to recognize the subtle if not overt failure of the father to recognize the father's drug and alcohol problems by always blaming others and downplaying its seriousness. 7. The failure of the evaluator to recognize that the DUI of Mr. Mowery while having a child under 14 in the car, was somehow manipulated to allow Mr. Mowery to have ARD when he is legally ineligible because of the child being in the car, -4- suggesting the ability of Mr. Mowery to manipulate and downplay serious problems. The above is but a few illustrations of the issues that Mrs. Mowery has with both the psychological risk evaluation and the assessment by Dr. Arnold Shienvold that will require detailed and lengthy factual testimony to dispute same. Respectfully submitted Rich agner, Esquire Attorn .D.#23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Dated: December 19, 2013 Attorney for Plaintiff -5- < o ^- r rI�/y ^�1 S lia j"F._.... 1nf4 _b P 1: , j CUQCLYPENNS ° I T Y 4 A q LAW OFFICES OF ELIZABETH B. STONE 3507 Market Street,Suite 303 Camp Hill,PA 17011 Phone(717)909-1500/Fax(717)731-8115 Attorney for Defendant LINDA I. MOWERY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY,PENNSYLVANIA v. § NO. 2005-3551 JOSEPH H. MOWERY, § CIVIL ACTION- LAW Defendant § CUSTODY/VISITATION ANSWER TO PLAINTIFF'S ISSUES AS IT RELATES TO THE CUSTODY EVALUATION AND NOW comes the Defendant, Joseph H. Mowery, by and through his attorney, Elizabeth B. Stone, Esquire, and respectfully submits this Answer to Plaintiffs Issues as it Relates to the Custody Evaluation as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. A. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. B. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. C. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. D. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. E. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. F. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. G. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. 2. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. A. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. B. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. C. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. D. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. E. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. F. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. G. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. H. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. I. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph,and therefore said averments are denied and strict proof thereof is demanded. WHEREFORE, Plaintiff requests the Court uphold the custody evaluation in this matter, adopt the recommendation of Dr. Arnold Shienvold; and, in the alternative, provide Dr. Kasey Shienvold and Dr. Arnold Shienvold the time necessary at time of trial to explain their recommendation to the Court which will support and elaborate upon how they reached their own conclusions. Respectfully submitted, DATE: ((7,(13 Air Elizabe :'St• = ►uire Supre/C s I II o.: 60251 Attorn• for • . 'ndant 3507 . et Street, Suite 303 C./1 1 1, PA 17011 ( /7) 90'-1500 1 LINDA I . MOWERY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW 2005-035,51CIVIL TERM JOSEPH H. MOWERY, Defendant IN CUSTODY Ul ra IN RE: PARENTING PLAN -t ORDER OF COURT AND NOW, this 14th day of January, 2014 , -,the parties having reached an agreement in open court, it is ordered that : 1 . The parties shall continue to have joint legal custody of their son, Jacob Mowery, born November 6, 2002 . 2 . The parenting plan shall provide that for purposes of school and otherwise primary residence shall be with Mom subject to the following schedule of custody with Father: A. During the school year, Father shall have every Wednesday after school until Thursday morning and every other Friday after school until Tuesday morning. B. During the course of the summertime the parties shall share the summer schedule on a week on, week off with exchanges to occur Friday mornings at 9 : 00 a.m. C. For purposes of exchange on the Friday mornings in the summer, exchanges shall be at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania. If there is a school issue that requires an exchange outside of school then the exchange will be done at the State Police Barracks . 3 . The parties agree that in the event there are disagreements concerning this order or otherwise in parenting of Jacob they will have an arbitrator resolve those disagreements in a nonbinding arbitration fashion with an arbitrator to be r i appointed after the parties have the opportunity to discuss that person. 4 . All other times not set forth in the parenting plan for Dad, Mother shall have custody of the child. 5 . During the period of custody there shall be absolutely no consumption of alcohol and/or illicit drugs by either party. 6 . Neither party shall make disparaging remarks about the other parent to the child. 7 . The parties shall follow the holiday custody schedule as set by previous Order of Court . By the oxt, Thomas Placey C. P.J. /Elizabeth Stone, Esquire 3507 Market Street Suite 303 Camp Hill, PA 17011 For Plaintiff /P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 For Defendant :mae i'F-Stl