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HomeMy WebLinkAbout06-0711 1? HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 77013 (717) 248-6090 ATTORNEY FOR PLAINTIFF JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 - 2fl--CIVIL TERM DENISE M. ROSS, Defendant : IN DIVORCE NOTICE 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 in 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 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, 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 717-249-3166 t JAMES R. ROSS, V. DENISE M. ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - 2A-CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, 111, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is JAMES R. ROSS, an adult individual residing at 148 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is DENISE M. ROSS, an adult individual residing at 148 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on June 5,2001 in Mt. Holly Springs, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. R1 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. January 28, 2006 HAROLD S. IRWIN, II Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 JAMES R. ROSSp : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 - 71! CIVIL TERM DENISE M. ROSS, Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly swom according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. January 28, 2006 ROSS, Plaintiff J W 1 "S1 (V^ v? t_ N r"> G3 W C? 1 l' 7Sn a HAROLD S. IRININ, 111 ESQ ATTORNEY ID NO. 29M 64 SOUTH PITT STREET CARLISLE PA 17013 (717)243.6090 ATTORNEY FOR PLAINTIFF JAMES R. ROSS, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 -2?1 CIVIL TERM DENISE M. ROSS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor children, DAVID RONALD ROSS (born October 12, 1993, age 12) and MATTHEW CHRISTOPHER ROSS (born January 2, 2001, age 5). B. During the school year the Mother shall have primary physical custody of the children and the Father shall have temporary physical custody of the children on three weekends per month, from Friday at 5:00 p.m. until Sunday at 8:00 p.m., and on Tuesday and Thursday evenings, from 5:00 p.m. until 8:00 p.m., of any week in which he does not enjoy weekend partial custody. C. During the Summer, the parties shall share physical custody of the children on a week on / week off basis, beginning one week after school ends for the Summer until one week before school starts in the Fall. If either party takes the children on vacation, the other party shall be given an address and phone number where the children can be reached. D. The parties shall share physical custody of the children on holidays and on the children's birthdays as mutually agreed from time to time, with the intent that they shall share such days on as much of an equal basis as reasonably possible. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. H. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party. 1. HUSBAND shall pay to WIFE the sum of $850.00 per month, payable 196.15 per week, for support of the parties' minor children, said amount to be modifiable based upon a change in circumstances in accordance with Pennsylvania law. J. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. Any modification or waiver of any of the provisions of this agreement of the parties shall be effective only if made in writing executed by the parties, witnessed and filed with the same formality as this agreement. L. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - -71/ CIVIL TERM DENISE M. ROSS, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is JAMES R. ROSS, an adult individual currently residing at 148 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is DENISE M. ROSS, an adult individual currently residing at 148 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two minor children, namely, DAVID RONALD ROSS (born October 12, 1993, age 12) and MATTHEW CHRISTOPHER ROSS (born January 2, 2001, age 5). 4. The children were born during the marriage of the parties and have resided with both parties from the date of their birth until the present. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children, that the defendant have primary physical custody of the children and that the plaintiff have temporary physical custody of the children in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor children, DAVID RONALD ROSS (born October 12, 1993, age 12) and MATTHEW CHRISTOPHER ROSS (born January 2, 2001, age 5). B. During the school year the Mother shall have primary physical custody of the children and the Father shall have temporary physical custody of the children on three weekends per month, from Friday at 5:00 p.m. until Sunday at 8:00 p.m., and on Tuesday and Thursday evenings, from 5:00 p.m. until 8:00 p.m., of any week in which he does not enjoy weekend partial custody. C. During the Summer, the parties shall share physical custody of the children on a week on / week off basis, beginning one week after school ends for the Summer until one week before school starts in the Fall. If either party takes the children on vacation, the other party shall be given an address and phone number where the children can be reached. D. The parties shall share physical custody of the children on holidays and on the children's birthdays as mutually agreed from time to time, with the intent that they shall share such days on as much of an equal basis as reasonably possible. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. H. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party. 1. HUSBAND shall pay to WIFE the sum of $850.00 per month, payable 196.15 per week, for support of the parties' minor children, said amount to be modifiable based upon a change in circumstances in accordance with Pennsylvania law. J. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. Any modification or waiver of any of the provisions of this agreement of the parties shall be effective only if made in writing executed by the parties, witnessed and filed with the same formality as this agreement. L. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing. January 2*, 2006 HAROLD S. IRWI III Attorney for Plainti VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. January, 2006 SEAL) SEAL) January A, 2006yl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the 29 day of January, 2006, before me, the undersigned officer, personally appeared JAMES R. ROSS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public HC. S IRWD. Nv I rY COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the '9'? day of January, 2006, before me, the undersigned officer, personally appeared DENISE M. ROSS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, hereunto set my hand and official seal. -(SEAL) Notary Public Al ?i n? C? ? T , r7 ? >t n y'ct c? a HAROLD S. IRWIN, 111 ESQ ATTORNEY ID MO. 29M 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-9090 ATTORNEY FOR PLAINTIFF JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 -?/L CIVIL TERM DENISE M. ROSS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon presentation and consideration of the within complaint and the stipulation and agr ement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor children, DAVID RONALD ROSS (born October 12, 1993, age 12) and MATTHEW CHRISTOPHER ROSS (born January 2, 2001, age 5). B. During the school year the Mother shall have primary physical custody of the children and the Father shall have temporary physical custody of the children on three weekends per month, from Friday at 5:00 p.m. until Sunday at 8:00 p.m., and on Tuesday and Thursday evenings, from 5:00 p.m. until 8:00 p.m., of any week in which he does not enjoy weekend partial custody. C. During the Summer, the parties shall share physical custody of the children on a week on / week off basis, beginning one week after school ends for the Summer until one week before school starts in the Fall. If either party takes the children on vacation, the other parry shall be given an address and phone number where the children can be reached. ?. Q N ?: t _= C" :?_ [= J ? ', %_l L'. ::.I??- ? Liv a `. U ?.r C> } V N ?J -? 1(?v_\ V ?? V c ? w, D. The parties shall share physical custody of the children on holidays and on the children's birthdays as mutually agreed from time to time, with the intent that they shall share such days on as much of an equal basis as reasonably possible. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. H. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party. I. HUSBAND shall pay to WIFE the sum of $850.00 per month, payable 196.15 per week, for support of the parties' minor children, said amount to be modifiable based upon a change in circumstances in accordance with Pennsylvania law. J. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. Any modification or waiver of any of the provisions of this agreement of the parties shall be effective only if made in writing executed by the parties, witnessed and filed with the same formality as this agreement. L. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 0711 CIVIL TERM DENISE M. ROSS, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, DENISE M. ROSS, defendant in this divorce action, hereby certify that I received a certified copy of the complaint in divorce on or about February 8, 2006 by U.S. mail. I verify that the statements made in this acceptance of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. April 07, 2006 C S lgu))? U ?(. DENISE M. ROSS Defendant 148 East North Street Carlisle, PA 1y7013 ._? ?_' :ti h? i i ?) r?. JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 - 0711 CIVIL TERM DENISE M. ROSS, Defendant : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 3, 2006. Service of the complaint was made on February 8, 2006 (see acceptance of service filed on April 12, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. June _C&, 2006 C DENISE M. ROSS WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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. June C, 2006 c bEWSE- M. ROSS C3 n`' -n f-r -t- r • ?f JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF PlalntlIN s CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 0711 CIVIL TERM DENISE M. ROSS, Defendant : IN DIVORCE AFFDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 3, 2006. Service of the complaint was made on February 8, 2006 (see acceptance of service filed on April 12, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. June Q ! ,2006 J ES R. ROSS WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011¢1 OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. l 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. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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. June ?,2006 - n c t J C-n HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17015 (717) 2424I050 ATTORNEY FOR DEFENDANT JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTYp PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 - 0711 CIVIL TERM DENISE M. ROSSy Ddandant : 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. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about February 8, 2006, defendant was served with a copy of the divorce complaint by U.S. Mail (see Acceptance of Service previously filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: June 9, 2006 By the defendant: June 9, 2006 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 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: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: June 15, 2006 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 15, 2006 A June 15, 2006 HAROLD S. IRWIN, III Attorney for Plaintiff ? D l ? ?i TI Cr T. ?.. ?r11St :L `tea N ?t cr, IN THE COURT OF COMMON PLEAS JAMES R. ROSS OF CUMBERLAND COUNTY STATE OF PENNA. 'r Plaintiff VERSUS DENISE M. ROSS Defendant N O.2006 - 0711 CIVIL TERM DECREE IN DIVORCE DECREED THAT JAMES R. ROSS AND AND NOW. ? ovo- A DENISE M. ROSS ?y? ?' fr33A•'K 'A4 , IT IS ORDERED AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, DEFENDANT, 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 BY ATTEST: i. PROTHONOTARY 9 '?? ° ?-?' ? ®? _ ?. ?.,. ?- L.? -°I ??LP'd? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JAMES R. ROSS, Plaintiff V. DENISE M. ROSS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006- 0711 CIVIL : IN CUSTODY PETITION FOR MODIFICATION NOW COMES the Plaintiff, James R. Ross, by and through his counsel, Nathan C. Wolf, Esquire, and presents the following petition for modification of custody and in support thereof represents as follows: 1. Plaintiff is James R. Ross, an adult individual residing at 107 Pennsylvania Avenue, North Middleton Township, Cumberland County, Pennsylvania 17013. (Hereinafter referred to as "Father") 2. Defendant is Denise M. Ross, an adult individual residing at 148 East North Street, Carlisle, Cumberland CountyPennsylvania,17013. (Hereinafter referred to as "Mother") 3. The parties are the natural parents of two minor children, namely, David Ronald Ross, age 14, born October 12, 1993, and Matthew Christopher Ross, age 7, born January 2, 2001. 4. The parties are currently subject to a custody order entered on February 8, 2006 by stipulation without hearing or conciliation, by the Honorable Edgar B. Bayley. (A true and correct copy of said order is attached hereto as Exhibit A). 5. The Order provides for, inter alia, the parties to share legal custody of the children and for Mother to have primary physical custody of the children subject to Father's periods of partial physical custody of the children. 6. At the time of the stipulation on the instant matter, Father was employed at Union Quarries, however after he was unsuccessful in his attempt to enter into a shared custody agreement with Mother, Father then took a position as a long-haul, over the road truck driver where he remained until October 2007. 7. Because of the issues which have arisen with the children which are set forth herein, Father changed his employment in early November 2007 to allow him to remain in the Carlisle area and to be home every night, thus facilitating an award of primary physical custody of the children. Father is now a daily driver for Worldwide Dedicated Services in Middlesex Township, Cumberland County. 8. Father had agreed to the entry of the prior order because Mother would not agree to a shared custody schedule and because he hoped Mother would be able to provide a stable environment if she was granted primary physical custody. 9. Since the entry of the Order, however, the children have not thrived academically or socially and each child has significant problems which Mother appears to be unable to handle successfully. 10. The parties' older child, David, has been suspended from school for a tobacco violation and, as of the end of the fast marking period, was failing all but one of his classes in the 8' grade. 11. David had also been suspended from school and criminally charged after having brought a knife to school during the time he was in Mother's primary custody. 12. The parties' younger child, Matthew, was recently disciplined for inappropriate behavior involving another student at school, and this child has had many discipline problems during the fall of 2007, including physical aggression towards other students. 13. Mother has not made arrangements for the children to see a counselor, as was recommended at least for Matthew's individual education plan OEP). 14. Mother will not administer David's prescription medication for ADHD, which it is believed is significantly contributing to his academic and social problems. 15. Father has been unable to take control of the situation because the children reside in the primary custody of their mother. 16. Mother has recently threatened to remove the children from the jurisdiction and move with them to North Carolina, against Father's wishes and despite his rights to partial physical custody. 17. Mother has likewise been routinely and continuously late in paying her mortgage, and is constantly in danger of foreclosure if not for the assistance of Father, who does not reside in the marital residence since the parties' separation. 18. The instant petition is therefore sought to enable Father to attempt to intervene, assume primary custody of the children, and establish stability for both children to allow them to academically and socially thrive. 19. Father submits that he will work to continue to support the relationship between the children and Mother but that to permit Mother to retain primary custody would substantially harm the children. 20. Father believes that without an expedited conference in the instant matter, Mother may attempt to remove the children from the jurisdiction without leave of Court to do so. 21. Father therefore requests an expedited conciliation conference in the instant matter. 22. As stated herein, Father is gainfully employed in Cumberland County and has the resources necessary to support the children. 23. Father has a stable home environment within which to raise the children. 24. Father does reside in the same school district where the children currently attend and will ensure transportation is maintained so that the children may continue to attend the same school for the remainder of the school year. 25. Father believes that the best interests and permanent welfare of the children will be served by granting the relief requested herein. WHEREFORE, for the reasons set forth herein, Plaintiff, James R Ross, respectfully requests that the Court enter an order modifying the existing custody order to grant primary physical custody of the children to Father, subject to Mother's rights to partial physical custody of the children, along with any additional relief that the Court may deem appropriate and just. Date: Januar? , 2008 Respectfully submitted, WOLF & WOLF, Attorneys at Law B Na n3. Wolf, Esquire 10 t High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.GS. Section 4904, relating to unworn falsification to authorities. ,-I V January 0 , 2008 KAIOfA:.11011 , 1 11111141 ATTORNEY M IM 29M 114 sON M"" STREET CARN11LE fA 17013 (717)34ia0110 ATTORNEY !OR PLAINTIFF r JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW N0.2006 - CIVIL TERM DENISE M. ROSS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon presentation and consideration of the within complaint and the stipulation and ag ment incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor children, DAVID RONALD ROSS (bom October 12, 1993, age 12) and MATTHEW CHRISTOPHER ROSS (bom January 2, 2001, age 5). B. During the school year the Mother shall have primary physical custody of the children and the Father shall have temporary physical custody of the children on three weekends per month, from Friday at 5:00 p.m. until Sunday at 8:00 p.m., and on Tuesday and Thursday evenings, from 5:00 p.m. until 8:00 p.m., of any week in which he does not enjoy weekend partial custody. C. During the Summer, the parties shall share physical custody of the children on a week on / week off basis, beginning one week after school ends for the Summer until one week before school starts in the Fall. If either party takes the children on vacation, the other party shall be given an address and phone number where the children can be reached. D. The parties shall share physical custody of the children on holidays and on the children's birthdays as mutually agreed from time to time, with the intent that they shall share such days on as much of an equal basis as reasonably possible. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. H. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party. I. HUSBAND shall pay to WIFE the sum of $850.00 per month, payable 196.15 per week, for support of the parties' minor children, said amount to be modifiable based upon a change in circumstances in accordance with Pennsylvania law. J. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. Any modification or waiver of any of the provisions of this agreement of the parties shall be effective only if made in writing executed by the parties, witnessed and filed with the same formality as this agreement. L. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JAMES R. ROSS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. DENISE M. ROSS, Defendant NO. 2006- 0711 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Petition for Modification upon the following person, by United States Mail, addressed as follows: Denise M. Ross 148 East North Street Carlisle, PA 17013 Respectfully submitted, WOLF & WQLF Date: January -21, 2008 Nathan W61f, Esquire 10 W t 1gh Street Carlie, PA 17013 (717) 2414436 Supreme Court I.D. No. 87380 Attorney for Plaintiff 0 'V v 0 ?O 14 4r ? ? r e"i JAMES R. ROSS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DENISE M. ROSS DEFENDANT 2006-0711 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 29, 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 Thursday, February 28, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: ls/ 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 , ?v y7v? -S a, as- oo : i wv of Hyr oooz A8VI QN0HiCk8d 3Hi JO 30L±40-?MU FEB f 8 2008 JAMES R. ROSS, Plaintiff V. DENISE M. ROSS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-0711 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 'ZJ' day of , 2008, upon consideration of the attached Custody Conciliation Report, Nis ordered and directed as follows: The custody provisions of the prior Order of Court dated February 8, 2006 are hereby vacated. 2. The Father, James R. Ross and the Mother, Denise M. Ross, shall have shared legal custody of David Ronald Ross, born October 12, 1993 and Matthew Christopher Ross, born January 2, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 3. The parents shall have shared physical custody of Matthew Christopher Ross on a week on/week off schedule with the exchange day and time being Sundays at 8:00 p.m. 4. Mother shall have primary physical custody of David Ronald Ross. 5. Father shall have periods of partial physical custody of David Ronald Ross on alternating weekends from Friday at 5:00 p.m. to Sunday at 8:00 p.m. 6. In the event that Father moves into his own residence, the parties shall share physical custody of David Ronald Ross on the same schedule as with Matthew Christopher Ross. 7. The parties shall share holidays as agreed. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: athan C. Wolf, Esquire, Counsel for Father ?Denise M. Ross, pro se 148 East North street Carlisle, PA 17013 ,31,3/08 (26P I'Es M ;R. ELL C% N t...} FEB S 82008.,x/ Y JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-0711 CIVIL ACTION - LAW DENISE M. ROSS, Defendant : 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David Ronald Ross October 12, 1993 Mother Matthew Christopher Ross January 2, 2001 shared 2. A Conciliation Conference was held in this matter on February 28, 2008, with the following in attendance: The Father, James R. Ross, with his counsel, Nathan C. Wolf, Esquire, and the Mother, Denise M. Ross, pro se. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley, President Judge, dated February 8, 2006 providing for shared legal custody, Mother having primary physical custody and Father having three weekends per month, two evenings per week and shared physical custody in the summer. The Order of Court also provided for support matters. The parties agreed that some of the custody provisions of the Order of Court were not followed due to Father's work schedule. 4. The parties agreed to an Order in the form as attached. Date cq ine M. Verney, Esquire Custody Conciliator 5 JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-0711 CIVIL ACTION - LAW DENISE M. ROSS, -+ , J Defendant : IN CUSTODY rir r- ? u? ORDER OF COURTS y„ -d C: )-n O C: Om z AND NOW, this da of ro y y 2011 y , upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The custody provisions of the prior Orders of Court dated February 29, 2008 September 1, 2010 shall remain in full force and effect except as modified hereinafter. 2. Father's allegations of contempt shall be held in abeyance. 3. Father shall have periods of partial physical custody of David as requested by David. 4. The parties shall share physical custody of Matthew on a week on/week off basis. The exchange day and time shall be Sunday at 8:00 p.m. Father shall begin his week on June 12, 2011. In the event that Father works during his period of physical custody, Mother may pick up the child at 10:00 a.m. each day and care for him. If Mother has exercised her right to care for the child during Father's week, Father shall pick up the child after work and continue his period of physical custody. Father shall assure that the Matthew is always supervised. 6. Mother shall assure that her paramour, Mr. Starner, not have any unsupervised contact with Matthew. 7. Father shall not consume any alcohol or illegal drugs immediately before or during his periods of physical custody of the child. Transportation shall be shared such that the receiving party shall transport. 9. Neither party shall do, or permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 10. The parties shall communicate concerning Matthew's mental health, including doctor's and counselor's appointments. Mother shall provide Matthew's medication to Father with time and dosage instructions. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation conference is scheduled for August 23, 2011 at 10:30 a.m. BY THE COURT, -Z? ? J. cc: Lawrence J. Rosen, Esquire, Counsel for Father Ate" a ? Andrew Sheely, Esquire, Counsel for Mother qIS-III _,,,g JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-0711 CIVIL ACTION - LAW DENISE M. ROSS, Defendant : IN CUSTODY PRIOR JUDGE: Albert H. Masland, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David Ronald Ross October 12, 1993 Mother Matthew Christopher Ross January 2, 2001 shared 2. A Conciliation Conference was held in this matter on June 10, 2011, with the following in attendance: The Father, James R. Ross, with his counsel, Lawrence J. Rosen, Esquire, and the Mother, Denise M. Ross, with her counsel, Andrew Sheely, Esquire. 3. Prior Orders of Court were entered by the Honorable Edgar B. Bayley, President Judge, dated February 29, 2008 providing for shared legal custody, Mother having primary physical custody of David with Father having alternating weekends and shared physical custody of Matthew, and the Honorable Albert H. Masland dated September 1, 2010 at docket no. 2010-5586 providing for Father not to consume alcohol while Matthew was in his physical custody. 4. The parties agreed to an Order in the form as attached. Date Ja ueline M. Verney, Esquire Custody Conciliator J JAMES R. ROSS, Plaintiff V. DENISE M. ROSS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-0711 : IN CUSTODY ORDER OF COURT CIVIL ACTIONC-)V. A' s r ?? Nc Cp 2 = q y„C z O -4 -c ca ? a z rnF -'u'rn ME; =n 5n --?M v AND NOW, this day of , 2011, upon consideration of the attached Custody Conciliatio eport, it is ordered and directed as follows: 1. The custody provisions of the prior Orders of Court dated February 29, 200, September 1, 2010 and June 14, 2011 shall remain in full force and effect except as modified hereinafter. 2. Father's allegations of contempt shall be held in abeyance. 3. Father shall have periods of partial physical custody of David as requested by David. 4. During the summer the parties shall share physical custody of Matthew on a week on/week off basis. The exchange day and time shall be Sunday at 8:00 p.m. In the event that Father works during his period of physical custody, Mother may pick up the child at 10:00 a.m. each day and care for him. If Mother has exercised her right to care for the child during Father's week, Father shall pick up the child after work and continue his period of physical custody. During the school year, Mother shall have primary physical custody of the Matthew. 6. During the school year, Father shall physical custody of Matthew every weekend from Friday at 5:00 p.m. to Monday morning when Father shall insure that Matthew is at his bus stop. In the event that Father is not available during his period of physical custody, Mother shall be given the opportunity to care for Matthew. 7. Father shall assure that the Matthew is always supervised. 8. Mother shall assure that her paramour, Mr. Starner, not have any unsupervised contact with Matthew. Father shall assure that Monique McGraw does not have any unsupervised contact with Matthew. 9. Father shall not consume any alcohol or illegal drugs immediately before or during his periods of physical custody of the children. 10. Except as otherwise provided for in this Order, transportation shall be shared such that the receiving party shall transport. 11. Neither party shall do, or permit a third party to do, or say anything that would estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 12. The parties shall communicate concerning Matthew's mental health, including doctor's and counselor's appointments. Mother shall provide Matthew's medication to Father with time and dosage instructions. Matthew shall only take his medication as prescribed. 13. The parties shall jointly request the school district to review Matthew's IEP. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation conference is scheduled for November 8, 2011 at 9:30 a.m. BY THE COURT, i Albert H. Masland, J. cc Lawrence J. Rosen, Esquire, Counsel for Father ? Andrew Sheely, Esquire, Counsel for Mother Mtn" (OP ?j JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-0711 CIVIL ACTION - LAW DENISE M. ROSS, Defendant : IN CUSTODY PRIOR JUDGE: Albert H. Masland, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David Ronald Ross October 12, 1993 Matthew Christopher Ross January 2, 2001 Mother shared 2. A Conciliation Conference was held in this matter on August 23, 2011, with the following in attendance: The Father, James R. Ross, with his counsel, Lawrence J. Rosen, Esquire, and the Mother, Denise M. Ross, with her counsel, Andrew Sheely, Esquire. 3. Prior Orders of Court were entered by the Honorable Edgar B. Bayley, President Judge, dated February 29, 2008 providing for shared legal custody, Mother having primary physical custody of David with Father having alternating weekends and shared physical custody of Matthew, and the Honorable Albert H. Masland dated September 1, 2010 at docket no. 2010-5586 providing for Father not to consume alcohol while Matthew was in his physical custody. The Honorable Albert H. Masland also entered an Order of Court dated June 14, 2011 providing for shared legal custody and shared physical custody of Matthew for the summer on a week on/week off basis. 4. The parties agreed to an Order in the form as attached. r Date cq ine M. Verney, Esquire Custody Conciliator JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-0711 CIVIL ACTION - LAW . c DENISE M. ROSS, Defendant : IN CUSTODY xrn c Wr- -<3' -- cn ? c a ORDER OF COURT v C- s a ) D C E5 --? AND NOW, this I day of &XX-7?0- , 2011, upon- ru w . consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The custody provisions of the prior Orders of Court dated February 29, 2008, September 1, 2010, June 14, 2011 and August 24, 2011 shall remain in full force and effect except as modified hereinafter. 2. Father's allegations of contempt are hereby withdrawn. 3. During the summer the parties shall share physical custody of Matthew on a week on/week off basis. The exchange day and time shall be Sunday at 8:00 p.m. In the event that Father works during his period of physical custody, Mother may pick up the child at 10:00 a.m. each day and care for him. If Mother has exercised her right to care for the child during Father's week, Father shall pick up the child after work and continue his period of physical custody. 4. During the school year, the parties shall share physical custody as follows: A. Week 1: Mother shall have physical custody of the child from Monday morning to Friday at 5:00 p.m. Father shall have physical custody of the child from Friday at 5:00 p.m. to Monday morning when Father shall insure that Matthew is at his bus stop. B. Week 2: Mother shall have physical custody of the child from Tuesday morning to Friday at 5:00 p.m. Father shall have physical custody of the child from Friday at 5:00 p.m. to Tuesday morning. Father shall insure that Matthew is at his bus stop on Monday and Tuesday. Father shall be responsible for Matthew on these alternating Mondays in the event there is a snow day, a school holiday or if Matthew becomes ill. Father shall be responsible forpicking up Matthew at the bus stop at 3:05 p.m. on Monday. 5. Father shall assure that the Matthew is always supervised. 6. Mother shall assure that her paramour, Mr. Starner, not have any unsupervised contact with Matthew. Father shall assure that Monique McGraw does not have any unsupervised contact with Matthew. 7. Father shall not consume any alcohol or illegal drugs immediately before or during his periods of physical custody of the child. 8. Except as otherwise provided for in this Order, transportation shall be shared such that the receiving party shall transport. 9. Neither party shall do, or permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 10. The parties shall communicate concerning Matthew's mental health, including doctor's and counselor's appointments. Mother shall provide Matthew's medication to Father with time and dosage instructions. Matthew shall only take his medication as prescribed. 11. Father shall not have cats at his residence. 12. Father shall have Matthew sleep in his own bed. 13. Holidays: A. Thanksgiving shall be shared such that Mother shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. on Thursday through Friday and continue thereafter with his regular weekend schedule. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. C. The parties shall share physical custody of the child on the child's birthday as agreed. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, A Bert H. Masland, J. cc. Lawrence J. Rosen, Esquire, Counsel for Father " Andrew Sheely, Esquire, Counsel for Mother ?Pi' 1 ? 11 ?1 ?p? JAMES R. ROSS, Plaintiff V. DENISE M. ROSS, Defendant PRIOR JUDGE: Albert H. Masland, 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: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-0711 CIVIL ACTION - LAW : IN CUSTODY 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew Christopher Ross January 2, 2001 Mother 2. A Conciliation Conference was held in this matter on November 8, 2011, with the following in attendance: The Father, James R. Ross, with his counsel, Kenneth F Lewis, Esquire, substituting for Lawrence J. Rosen, Esquire, and the Mother, Denise M. Ross, with her counsel, Andrew Sheely, Esquire. 3. Prior Orders of Court were entered by the Honorable Edgar B. Bayley, President Judge, dated February 29, 2008 providing for shared legal custody, Mother having primary physical custody of David with Father having alternating weekends and shared physical custody of Matthew, and the Honorable Albert H. Masland dated September 1, 2010 at docket no. 2010-5586 providing for Father not to consume alcohol while Matthew was in his physical custody. The Honorable Albert H. Masland also entered an Order of Court dated June 14, 2011 providing for shared legal custody and shared physical custody of Matthew for the summer on a week on/week off basis. On August 24, 2011, the Honorable Albert H. Masland entered an Order of Court granting shared legal custody, Mother having primary physical custody of Matthew during the school year with Father having every weekend, Friday to Monday and shared physical custody during the summer on a week on/week off basis. 4. The parties agreed to an Order in the form as attached. Date 11ac6eline M. Verney, Esquire Custody Conciliator JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL. ACT:CA - LIFT: : NO. 2006 - 0711 CIVIL TERM DENISE M. ROSS, Defendant : IN DIVORCE r" PRAECIPE FOR WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: At the request of the plaintiff, please withdraw the appearance of HAROLD S. IRWIN, Ill, ESQUIRE as attorney of record for the plaintiff in this matter. Plaintiff intends to proceed in this matter"pro se". . January 8, 2014 (x ` HAROLD S. IRWIN, HI IRWIN LAW OFFICE\'--------)South Pitt Street Carlisle, PA 17013 717-319-7560 Supreme Court ID No. 29920 rrl , . E ' -< 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. 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. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW James R. Ross, -F.2) - Petitioner ) ca v. ) No 2006-0711 ` ' ) s, c Denise M. Starner, ) Respondent ) PETITION FOR CONTEMPT OF CUSTODY 1. Petitioner,James R. Ross resides at 107 Pennsylvania Avenue,Carlisle,PA 17013. 2. Respondent, Denise M. Starner, resides at 148 East North Street, Carlisle, PA 17013. 3. On November 15 2011, the Honorable Albert Masland entered an order regarding the custody of the following child Name Birth Date Age Matthew C. Ross January 2, 2001 12 The order provides the following. Petitioner has shared physical custody. Respondent has shared physical custody. A true and correct copy of the order is attached to this petition. 4. Since the entry of said order, the respondent has willfully failed to obey the order in that: the respondent has not allowed petitioner to see his son or pick him up since 03/10/2013 / .00 /1, /6 �C ,P 3e636r 5. Respondent began violating the custody order on or around the following date: 03/11/2013 6. Petitioner has taken the following actions to enforce the custody order: The local police do not get involved in custody matters via there dispatcher unless ordered by the courts. WHEREFORE,petitioner prays this court to adjudge the respondent in contempt of court and order appropriate sanctions. Date: 6 , • AMES R.ROSS,Petitioner Verification I, JAMES R. ROSS, Petitioner,verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unworn falsification to authorities. Date: t I`7 "two 4 - — i J:4 ES R. ROSS,Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW James R. Ross, ) Petitioner ) ) v. ) No. 2006-0711 ) Denise M. Starner, ) Respondent ) CERTIFICATE OF SERVICE JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA c, V. : NO. 2006-0711. CIVIL ACTION-VAAW -'' DENISE M. ROSS, pi co o cr'i=— • Defendant : IN CUSTODY ccAr- -c m o -tz cn =o x' o-n ORDER OF COURT =o (pc, D;a c �r7 N -[ w -< AND NOW, this 10. day of eMoudynher , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: • 1. The custody provisions of the prior Orders of Court dated February 29, 2008, September 1, 2010, June 14,2011 and August 24, 2011 shall remain in full force and effect except as modified hereinafter. 2. Father's allegations of contempt are hereby withdrawn. 3. During the summer the parties shall share physical custody of Matthew on a week on/week off basis. The exchange day and time shall be Sunday at 8:00 p.m. In the event that Father works during his period of physical custody, Mother may pick up the child at 10:00 a.m. each day and care for him. If Mother has exercised her right to care for the child during Father's week, Father shall pick up the child after work and continue his period of physical custody. 4. During the school year, the parties shall share physical custody as follows: A. Week 1: Mother shall have physical custody of the child from Monday morning to Friday at 5:00 p.m. Father shall have physical custody of the child from Friday at 5:00 p.m. to Monday morning when Father shall insure that Matthew is at his bus stop. B. Week 2: Mother shall have physical custody of the child from Tuesday morning to Friday at 5:00 p.m. Father shall have physical custody of the child from Friday at 5:00 p.m. to Tuesday morning. Father shall insure that Matthew is at his bus stop on Monday and Tuesday. Father shall be responsible for Matthew on these alternating Mondays in the event there is a snow day, a school holiday or if Matthew becomes ill. Father shall be responsible forpicking up Matthew at the bus stop at 3:05 p.m. on Monday. 5. Father shall assure that the Matthew is always supervised. 6. Mother shall assure that her paramour,Mr. Starner,not have any unsupervised contact with Matthew. Father shall assure that Monique McGraw does not have any unsupervised contact with Matthew. 7. Father shall not consume any alcohol or illegal drugs immediately before or during his periods of physical custody of the child. 8. Except as otherwise provided for in this Order,transportation shall be shared such that the receiving party shall transport. 9. Neither party shall do, or permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 10. The parties shall communicate concerning Matthew's mental health, including doctor's and counselor's appointments. Mother shall provide Matthew's medication to Father with time and dosage instructions. Matthew shall only take his medication as prescribed. 11. Father shall not have cats at his residence. 12. Father shall have Matthew sleep in his own bed. 13. Holidays: A. Thanksgiving shall be shared such that Mother shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. on Thursday through Friday and continue thereafter with his regular weekend schedule. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. C. The parties shall share physical custody of the child on the child's birthday as agreed. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ! A L . LtA.SVCir+ d Albert H. Masland, J. cc: Lawrence J. Rosen, Esquire, Counsel for Father Andrew Sheely, Esquire, Counsel for Mother TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the se of said at,Carlisle.Pa. ` This 15l.d, of_ i LL_.. i� IC. 0 Prothonotary 4 3 QUl( QS t` o s S , IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA • Vs : No. jt0 6 -0-7d CIVIL TERM Oek)15 Mgt/3 eP__ , : CIVIL ACTION - LAW ;z �w Defendant IN CUSTODY (-7)7 r— CRIMINAL RECORD/ABUSE HISTORY VERIFICATION --c h Z0.Vv1C'S (2 �e SS , hereby swear or affirm, subject to penalties 4f' law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 r (relating to criminal homicide) r_ 18 Pa.C.S. §2702 r- (relating to aggravated assault) 18 Pa.C.S. §2706 r r- (relating to terroristic threats) 18 Pa.C.S. §2709.1 r I (relating to stalking) r_T 18 Pa.C.S. §2901 IT r (relating to kidnapping) 18 Pa.C.S. §2902 IT IT (relating to unlawful restraint) 18 Pa.C.S. §2903 IT (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 IT IT (relating to rape) 18 Pa.C.S. §3122.1 IT relating to statutory sexual assault) 18 Pa.C.S. §3123 IT IT (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 IT (relating to sexual assault) 7, 18 Pa.C.S. §3125 IT IT (relating to aggravated indecent assault) 18 Pa.C.S. §3126 IT IT (relating to indecent assault) 18 Pa.C.S. §3127 I IT (relating to indecent exposure) 18 Pa.C.S. §3129 r ITT (relating to sexual intercourse with animals) r 18 Pa.C.S. §3130 r (relating to conduct relating to sex offenders) r 18 Pa.C.S. §3301 r r (relating to arson and related offenses) F7 18 Pa.C.S. §4302 r IT (relating to incest) fir! 18 Pa.C.S. §4303 r r (relating to concealing death of child) 18 Pa.C.S. §4304 r (relating to endangering welfare of children) IT 18 Pa.C.S. §4305 r r (relating to dealing in infant children) 18 Pa.C.S. §5902(b) r r (relating to prostitution and related offenses) r 18 Pa.C.S. §5903 r r (c) or (d) (relating to obscene and other sexual materials and performances) r 18 Pa.C.S. §6301 IT (relating to corruption of minors) 1 18 Pa.C.S. §6312 r-- 7 (relating to sexual abuse of children) IT 18 Pa.C.S. §6318 7 (relating to unlawful contact with minor) IT 18 Pa.C.S. §6320 IT IT (relating to sexual exploitation of children) ET 23 Pa.C.S. §6114 7 r (relating to contempt for violation of Protection order or agreement) 1 Driving under the IT 4-,RD , influence of drugs or alcohol Manufacture, sale, IT IT delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member IT A finding of abuse by a Children &Youth IT I Agency or similar agency in Pennsylvania or similar statute in another jurisdiction 7 Abusive conduct as defined under the IT IT Protection from Abuse Act in Pennsylvania or similar statute in t another jurisdiction Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child S� -Ax./ �ce,tJ cSD' "X>ek' ,)©8 005a re . sP-, ,Q . 5. If you are aware that the other party or m mbers of the party's hpuseholdas or have a criminal/abuse history, please explain: K,r�r�,cJ,7� 4)4.5 /lr h 4,'De 8 Q'cc P cS'�7 t t‹.4 4ot)s ( % G /Vl 4 coQ/‘P I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authori .-s. , 'i ce ce - gnature --4 d1'1 cS 1 �SS Printed Name JAMES R. ROSS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. , 2006-711 CIVIL ACTION LAW DENISE M. STARNER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday,January 15,2014 , 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,February 11,2014 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including,but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P.No. 1.915.17 regarding relocation. FOR THE COURT, By: /s/ facjqueKne M. Verney, 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. F C c;. r+ Cumberland County Bar Association ; 32 South Bedford Street J�nlf<p� DOSS Carlisle, Pennsylvania 17013 Telephone (717) 249-3166fw: �`` JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2006-0711 CIVIL ACTION -LA13 DENISE M. ROSS, m rri Defendant : IN CUSTODY (r)044. f'' `: ORDER OF COURT 4 art" C7 ._ AND NOW, this / day of C , 2014, upoif< consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. A pretrial conference with the assigned Judge is hereby scheduled in the � above case on the c day of 11'7ekm.cam_ , 2014 at 3U .m. in courtroom number j of the Cumberland County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. A Hearing is scheduled in Cou Room o. I , of the Cumberland County Court House, on the /44 day of , 2014, at / o'clock, P . M., at which time testimony will be taken. For purposes of this Hearing, Father shall be deemed to be the moving party and shall proceed initially with testimony. 3. Pending a hearing, the custody provisions of the prior Orders of Court dated February 29, 200, September 1, 2010, June 14, 2011 and November 14, 2011 shall remain in full force and effect. 4. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Albert H. Masland, J. . ames R. Ross, pro se 107 Pennsylvania Ave Carlisle, PA 17013 /Denise M. Starner,pro se 148 East North Street Carlisle, PA 17013 i€,s 17at JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-0711 CIVIL ACTION -LAW DENISE M. ROSS, • Defendant : IN CUSTODY PRIOR JUDGE: Albert H. Masland,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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew Christopher Ross January 2, 2001 Mother 2. A Conciliation Conference was held in this matter on February 11, 2014 with the following in attendance: The Father, James R. Ross,pro se, and the Mother, Denise M. Ross, pro se. 3. The Honorable Albert H. Masland previously entered Order of Courts dated February 29, 2008, September 1, 2010, June 14, 2011, August 24, 2011 and November 14, 2011 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody week 1 from Friday to Monday and week 2 from Friday to Tuesday and week on/week off in the summer. 4. Father filed a Petition for Contempt alleging Mother has withheld the child from him since March 10, 2013. 5. Father's position on custody is as follows: Father seeks a finding of contempt and asks that Mother be ordered to follow the prior Orders of Court and for other appropriate sanctions. Father explains that on or about March 10, 2013, his adult son gave prescription drugs to the child causing him to overdose. Father asserts that he was exonerated by Children& Youth in Delaware where the incident occurred. Father admits to having 2 DUIs since 2008 and is willing to obtain a Section 5329 evaluation as to whether he poses a threat to the child and/or if counseling is necessary. 6. Mother's position on custody is as follows: Mother denies the contempt alleging she had good cause to deny Father's periods of physical custody of the child based on the overdose incident. She blames Father for his lack of supervision. Mother maintains that Father continues to drink and cites his two DUIs. Mother is willing to provide Father with supervised visitation if she is the supervisor or the YMCA is the supervisor. Mother also requests Father obtain anger management. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and maintaining the status quo. It is expected that the Hearing will require one-half day. —I ik , Date acq ine M. Verney, Esquire Custody Conciliator JAMES SR. ROSS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. DENISE M. ROSS, DEFENDANT : 06 -0711 CIVIL TERM ORDER OF COURT / AND NOW, this / ' day of March, 2014, the time for the pretrial conference on Wednesday, March 26, 2014 is changed to 3:00 p.m. All other provisions of this court's order of February 12, 2014, shall remain in full force and effect. By the Court, Albert H. Masland, J. James R. Ross 107 Pennsylvania Avenue Carlisle, PA 17013 Denise M. Starner 148 East North Street Carlisle, PA 17013 res /nt L€L .egifM JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. • DENISE M. STARNER, DEFENDANT : 06 -0711 CIVIL TERM ORDER OF COURT AND NOW, this 0? 7411 day of March, 2014, following 'a pre- trial conference on March 26, 2014, which the parties attended pro se, and the parties having failed to comply with Pa.R.C.P. 1915.4 -4 in that no pre -trial statements were provided, we ORDER AND DIRECT as follows: 1. If either party intends to call witnesses at the hearing on April 14, 2014 who were not identified during the pre -trial conference, they shall file and serve a pre -trial statement upon the court and the opposing party no later than five (5) days before the hearing. That statement shall include the following: a. The name and address of each expert whom the parties intends to call at trial as a witness; the name and address of each witness the party intends to call at trial, and the relationship of that witness to the party. b. Both parties shall comply with the requirement of Pa.R.C.P. 1915.3 -2 regarding criminal or abuse history, and shall file and serve on opposing party a copy of the criminal or abuse history verification form, which shall be substantially in the form set forth in subdivision (c) of the aforesaid rule. This shall be filed no later than five (5) days prior to the hearing. 2. Because Father represented to the court that he engaged the services of Victor Poirier to perform an evaluation under 23 Pa.C.S. Section 5329(c), we DIRECT Father to attach and file that evaluation with the criminal record/abuse history verification form as required in paragraph 1(b). By the Court, ames R. Ross 107 Pennsylvania Avenue Carlisle, PA 17013 Denise M. Starner 148 East North Street Carlisle, PA 17013 :sal Zl'es 02g VI Albert H. Masland, J. Zck e5_� doss Plaintiff Vs Ve Li( 5-e_ S Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,.A No.6- ©7/% CIERM, n 1 c'_, CIVIL ACTION - LAW CD 1 IN CUSTODYc` -S --o �. �-�- CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, )C tines g S' , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 ri E (relating to aggravated assault) r 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 I (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) n n 18 Pa.C.S. §2902 (relating to unlawful restraint) fl 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) FT 18 Pa.C.S. §3121 n (relating to rape) 18 Pa.C.S. §3122.1 fl 7 relating to statutory sexual assault) fl 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 7 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) C.] 18 Pa.C.S. §3127 FT (relating to indecent exposure) fl ET 18 Pa.C.S. §3129 7 (relating to sexual intercourse with animals) ETJ 18 Pa.C.S. §3130 71 (relating to conduct relating to sex offenders1 fl 18 Pa.C.S. §3301 (relating to arson and related offenses) fl 18 Pa.C.S. §4302 fl (relating to incest) El 18 Pa.C.S. §4303 FT (relating to concealing death of child fl 18 Pa.C.S. §4304 fl (relating to endangering welfare of children) 7 18 Pa.C.S. §4305 — (relating to dealing in infant children) IT 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903 Ei (c) or (d) relating to obscene and other sexual materials and performances) fl 18 Pa.C.S. §6301 fl (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 fl (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 7 (relating to contempt for violation of Protection order or agreement), Driving under the influence of drugs or alcohol Ei Manufacture, sale, fl delivery, holding, offering for sale or possession of any controlled substance or other drug or device E 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other all that household apply member A finding of abuse by a Children & Youth 7 Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in Date another jurisdiction �l Other: E fl 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party o em ers of the 'art 's hous criminal / abuse history, please explain: of has or have a I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to author' 'es. e, go55 Printed Name JAMES R. ROSS, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA vs. C C -0 = r --i = 2:3 r- : u) r- ry W -‹D DENISE M. STARNER, (FORMERLY ROSS), Defendant 06 -0711 CIVIL TERM c� t-� -I ca. ORDER OF COURT - PARENTING PLAN Dc -' day of April, 2014, . following a hearin, aa'er AND NOW, this which the self- represented parties attempted to reach an agreement regarding their physical and legal custodial responsibilities for Matthew, born January, 2001, and upon review of the record, including the identical emails submitted by the parties which the court will admit as Court Exhibit One, it is hereby ORDERED AND DECREED, in the child's best interests, that the "Parenting Plan" shall take precedence over all prior orders be as follows: 1. Legal Custodial Responsibilities: Upon receipt by the court and Mother of documentation that Father has successfully completed a parenting class, thereafter, the parents shall jointly share their various legal custodial responsibilities for their child. a. Major parental decisions concerning their child, including, but not limited to, their child's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their child's best interests. b. Absent an emergency, neither parent shall obtain medical care and /or have an initial interview with any health caregiver in the absence of the participation of the other parent. c. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their child's schools, 06 -0711 CIVIL TERM physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their child's progress and welfare. e. Both parents shall arrange for the child's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the child's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their child's enrollment or termination in a particular school or school program, advancing or holding their child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing minor child's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their child. h. Parents shall civilly and respectfully communicate about co- parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. i. If the parents are unable to agree, they shall follow the procedures set forth in Paragraph 17 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their child from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating the child's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No- Conflict Zone for their child and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their child and to the extent possible, shall not permit third parties from making such comments in the presence of their child while in their physical custody, whether they are sleeping, awake or in another room. c. It shall be the duty of each parent to uphold the other parent as one the child should respect and love. -2- 06 -0711 CIVIL TERM d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their child to provide reports about the other party. Communication should always take place directly between parents, without using their child or others as an intermediary or spy on the other parent. It is harmful to the child to be put in the role of a spy. f. The child shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the child. g. The parents should remember that they cannot teach the child proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of his or her child. h. The parents shall not permit their child to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro - social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children. j. It is in the child's best interest for the parents and all adults to understand that the child is /are trying to cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. k. At all times, the parents shall consider the child's best interests and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their child, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set -3- 06 -0711 CIVIL TERM forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. c. Day -to -day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their child at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the child's recommended nutritional supplements and non - prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their child during any given period of time shall communicate in a prompt fashion with the other parent concerning the well -being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the child's lives, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the child is not with a parent during the weekend, that parent may telephone one time with the child during the weekend to speak with them, as well as periodically during the week, as needed, without being intrusive. j. The parents will not deviate from the regular custody schedule because of their child's birthday. 06 -0711 CIVIL TERM k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the child. If one parent will be late for a physical custodial exchanges they shall call or text the other parent as soon as possible but no later than [insert time] minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: a. Mother shall have primary physical custodial responsibility. b. Father shall have partial shared physical custodial responsibilities in accordance with the following schedule: i) During the school year, every other weekend from Friday after school until Sunday at 7:30 p.m. ii) During the summer of 2014, Father shall enjoy two evenings per week (after work until 9:30 p.m.) and three weekends per month (Friday after work until Sunday at 9:30 p.m.), with the weekends and weekdays to be mutually agreed upon. Both parties may also enjoy an uninterrupted one -week vacation with the child, upon prior notice of at least two weeks. iii) Such additional times as the parents can agree. We encourage the parties to consider expansion of Father's periods of custody as he progresses with counseling. c. Holidays: If the parties are not otherwise able to agree upon holidays, this schedule shall prevail and take priority over the regular custody schedule. i) Thanksgiving school holiday: Father will have physical custodial responsibilities of their child on Thanksgiving from Wednesday after school to Sunday at 8:00 p.m. in even - numbered years, alternating with Mother on odd - numbered years. ii) Christmas /New Year's school holiday: Mother will have physical custodial responsibilities for their child during Segment A (first half of school recess) in even- numbered years, and Father will have physical custodial responsibilities for their child during Segment B (the second half of the school recess). The parents shall alternate the Segments in -5- 06 -0711 CIVIL TERM odd - numbered years. Major gifts should be discussed and coordinated between the parents. d. Mother's Day and Father's Day: Mother will have physical custodial responsibilities for their child on Mother's Day weekend and Father will have physical custodial responsibilities for their child on Father's Day weekend. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the child. b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. c. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the child have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the child. e. The child should be consulted as to their schedules when appropriate. f. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor child. g. If a parent finds themselves unable to keep an appointed exchange time or other appointment for the child, they should give immediate notice to the other parent, so as to avoid subjecting the child to unnecessary apprehension and failure of expectations. h. The parent relinquishing physical custodial responsibility should prepare the child both physically and mentally for the transfer of custody to the other parent and have them available at the time and place mutually agreed upon. 6. Transportation: If the parties do not agree otherwise, the parent relinquishing custodial responsibility shall drive the child to the other parent's residence. -6- 06 -0711 CIVIL TERM 7. Extracurricular Activities: a. The parents shall organize ways for their child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. b. Each parent shall provide the other with at least seventy -two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. c. Both parents shall honor and be supportive of the extracurricular activities in which the child wishes to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their child which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of their child, each parent will make certain that the child attends their extracurricular activities and transport the child on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Family Gatherings: The parents shall permit and support their child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 9. Safety: a. The child shall not be left alone with any of Father or Mother's friends or paramours unless agreed to in writing by both parents. b. Both parents shall adopt measures to shield their child from sexual exploitation which may be more likely to occur while in a parent's home by a paramour or paramour's child. 10. Illegal Drugs, Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and /or house guests comply with this prohibition. -7- 06 -0711 CIVIL TERM b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 11. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) e -mail and /or text messaging contact with their child when in the custody of the other parent. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the child's emotional, mental, physical status and /or developmental milestones. 12. Relocation: Relocation is defined as a change in residence of the child which significantly impairs the ability of a non - relocating party to exercise custodial rights. No relocation shall occur unless every individual who has custody rights to the child consents to the proposed relocation or the court approves the proposed relocation. If a party seeks to relocate, that party shall notify every other individual who has custody rights to the child. Both parties must follow the statutory requirements contained in 23 Pa.C.S. § 5337. Specifically, the relocating party must notify every other individual who has custody rights to the child by certified mail, return receipt requested. The notice must then comply with the following requirements: a. Notice must be sent no later than: (1) the 60th day before the date of the proposed relocation. (2) the 10th day after the date that the individual knows of the relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 60 day notice requirement. b. Unless otherwise excused by law, the following information must be included in the notice: (1) the address of the intended new residence. (2) the mailing address, if not the same as the address of the intended new residence. (3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) the home telephone number of the intended new -8- 06 -0711 CIVIL TERM residence, if applicable. (5) the name of the new school district and school. (6) the date of the proposed relocation. (7) the reason(s) for the proposed relocation. (8) a proposal for a revised custody schedule. (9) any other information which the party proposing the relocation deems appropriate. (10) a counter - affidavit as provided under subsection (d)(I) which can be used to object to the proposed relocation and modification of a custody Order. (11) a warning to the non - relocating party that, if the non - relocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of notice, non - relocating party shall be foreclosed from objecting to the relocation. c. If any of the aforementioned information is not known when the notice is sent but is later made known to the party seeking the relocation, then that party shall promptly inform every individual who received notice. d. If the non - relocating parent objects to the proposed move, he /she must do so by filing the counter - affidavit with the court and the other party within 30 days. The notice of objection to the opposing party must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above then it shall be presumed that the non - relocating parent has consented to the proposed relocation and the court will not accept testimony challenging the relocation in any further review of the custodial arrangements. e. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing if the court finds that exigent circumstances exist. 13. Counseling: a. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. Father shall successfully complete an anger management course, which may be the course offered monthly by Dauphin County Probation. Father shall also attend a minimum of two AA/NA or comparable meetings per week for the first two months following the date -9- 06 -0711 CIVIL TERM of this order. He shall supply the court with documentation of his attendance on a weekly basis c. Co- Parenting Counseling: The parents shall enroll in co- parenting counseling, as needed, to co- parent their child in accordance with this order. d. The parents shall enroll their child in private individual counseling or psychotherapy, as needed, to maintain their optimum mental health after notification and discussions with the other parent, unless said advance notification is determined by a licensed professional, not to be in the best interests of the child. 14. Modifications or Disputes About this Order: a. When modifications are in the best interests of the child, the terms of this order may be modified by mutual agreement, which is best memorialized if placed in writing and signed by both parents. b. Both parents shall use their best efforts to engage in joint decision - making with respect to the child. c. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall discuss their modification proposals (in person if necessary and appropriate) to reach a decision in the best interest of their children. d. Mediation: The court strongly encourages, but does not require the parties to engage in mediation regarding any proposed changes to this Order which cannot be agreed upon, or any disputes about the interpretation or practical application of this Order and any alleged breaches of this Order. Prior to engaging in litigation, the parties should attempt to resolve their conflicts through mediation with a trained mediator, with the cost shared equally by the parents. Free mediation is available for pro se litigants through Neighborhood Dispute Settlement (NDS at 233 - 8255). 06-0711 CIVIL TERM 15. Contempt: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. BY THE COURT: .farnes R. Ross, Pro se 107 Pennsylvania Ave. Carlisle, PA 17013 enise M. Starner, Pro se 148 East North Street Carlisle, PA 17013 :sal 14e-SI frl LEL ozer? bert H. Masland, JAMES R. ROSS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. DENISE M. STARNER (FORMERLY ROSS), DEFENDANT : 06-0711 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2014, we amend our order of April 28, 2014 to clarify the provisions regarding legal custody. Specifically, we clarify that the parenting class that Father must complete in order to be granted shared legal custody shall be one approved by the court, such as the Positive Parenting course through Alternative Behavior Consultants (241-6870) or any course recognized by the Cumberland County Probation Office or Cumberland County Children & Youth Services. The certification for the online session the Father submitted to the court on or about May 1, 2014 is not sufficient. James R. Ross 107 Pennsylvania Avenue Ca lisle, PA 17013 Denise M. Starner 148 East North Street Carlisle, PA 17013 Alternative Behavior Consultants 224 S. Hanover Street Carlisle, PA 17013 eop s rt5�(� s/7//Y �^7 By the Court, dio 0 OP , Ak e H. Masland, J. :sal