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HomeMy WebLinkAbout01-5491RICHARD L. SINGER , Plaintiff RITA E. ROWLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW : NOir/_~.7/(~ IVI L TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW, comes the plaintiff, Richard L. Singer, by his attorney, Harold S. Irwin, III, Esquire, and presents the following petition for custody, representing as follows: 1. The plaintiff is Richard L. Singer, an adult individual residing at 51 County Line Lane, Newburg, Cumberland County, Pennsylvania 17240. 2. The defendant is Rita E. Rowles, an adult individual residing at 113 East Main Street, P.O. Box 3, Newburg, Cumberland County, Pennsylvania 17240. Name Hunter R. Rowles Plaintiff seeks custody of the following child: Present Residence 113 East Main St, P.O. Box 3 Newburg, PA 17240 Age 3 years, 10 months D.O.B. 11/11/97 5. The child was born out of wedlock. 6. The child is presently in the custody of defendant and has resided with defendant since his birth. The parties have never been married. The mother of the child is currently single. Plaintiff and defendant are the natural parents of the child. 9. The father of the child is currently single. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested herein because the defendant has engaged in dangerous and reckless behavior that has endangered the life of the child. 14. Defendant was involved in an automobile accident on or about September 7, 2001. 15. Defendant was charged with driving under the influence of alcohol following the accident by the Pennsylvania State Police from the Chambersburg Barracks. 16. The child and another child of the defendant were passengers in the car at the time of the accident and custody of the children was given to friends of the defendant while defendant was treated for her injuries sustained in the accident. 17. Upon information and belief, defendant has already been convicted for driving under the influence of alcohol and, as a result, was enrolled in the Accelerated Rehabilitative Disposition program and sentenced to a period of probation. 18. Upon information and belief, defendant may face incarceration if convicted of the second charge of driving under the influence of alcohol. 19. Plaintiff has paid support for the care and maintenance of the child since shortly after the child's birth. 20. Plaintiff has not been given an opportunity to even see the child since approximately six months after his birth. 21. Plaintiff has made numerous attempts to have visitation with the child and defendant has refused plaintiff's requests. 22. PlaintifFs last attempt to visit with the child approximately six months prior to the filing of the instant matter. 23. Plaintiff has two (2) other children and is a competent parent and provider. 24. the child. Plaintiff maintains a stable household and environment within which to raise 25. Plaintiff is gainfully employed as a construction worker in Cumberland County and has sufficient means to care for the welfare of the child. WHEREFORE, for the reasons set forth herein, plaintiff, Richard L. Singer, respectfully requests that the Court enter an order granting legal and physical custody of the child to the plaintiff. September/~D , 2001 Respectfully submitted, 35 East High Street, Suite 202 Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 82585 VERIFICATION I do hereby verify that the facts set forth in this complaint 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. September.~ , 2001 Richard L. Singer RICHARD L. SINGER PLAINTIFF V. RITA E. ROWLES DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-5491 CiVIL ACTION LAW : : 1N CUSTODY ORDER OF COURT AND NOW, Monday, September 24, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 24, 2001 at 1:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ .Iacqueline M. Vern~. Esq~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 NOV 1 RICHARD L. SINGER, Plaintiff V. RITA E. ROWLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - $491 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this z ~ r day of ~'o~-,..~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Richard L. Singer, and the Mother, Rita E. Rowles, shall have shared legal custody of Hunter R. Rowles, bom November 11, 1997. Each parent shall have an equal right, to be exereised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the child. custody: Father shall have the following phased in periods of partial physical Phase 1: Beginning the first three weekends in December, 2001 from Friday at 5:30 p.m. to Saturday at 8:00 p.m., when Father shall return the child to Mother. Father shall have physical custody again on Sunday from 9:00 a.m. to 6:00 p.m. Father shall also have physical custody of the child every Wednesday from 5:00 p.m. to 8:00 p.m. Phase 2: Assuming the child has adjusted to the ovemights provided for in Phase 1, Father shall have physical custody of the child the first three weekends of January, February and March, 2002, from Friday at 5:30 p.m. to Sunday at 6:00 p.m. Father shall also have physical custody of the child every Wednesday from 5:00 p.m. to 8:00 p.m. In the event the child has not adjusted to overnights, Phase 1 schedule shall continue until the parties agree that the child has adjusted. 4. The Thanksgiving holiday shall be split such that Mother shall have physical custody of the child until 2:00 p.m. and Father shall have physical custody of the child from 2:00 p.m. to 8:00 p.m. 5. Father shall have physical custody of the child from 9:00 a.m. to 9:00 p.m. on December 24, 2001. 6. Father shall provide transportation except on holidays when transportation shall be as agreed by the parties. 7. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the fight to visit the child as often as he/she desires consistent with the proper medical care of the child. 8. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. 9. 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 March 13, 2002 at 8:30 a.m. cc: Nathan Wolfe, Esquire, Counsel for Father Joan Carey, Esquire, Counsel for Mother BY THE COURT, / RICHARD L. SINGER Plaintiff V. RITA E. ROWLES, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-5491 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Hunter R. Rowles DATE OF BIRTH CURRENTLY IN CUSTODY OF November 11, 1997 Mother 2. A Conciliation Conference was held in this matter on November 14, 2001, with the following individuals in attendance: The Father, Richard L. Singer, with his counsel, Nathan Wolfe, Esquire and the Mother, Rita E. Rowles, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator MAR ~ 1 RICHARD L. SINGER, Plaintiff V. RITA E. ROWLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001 - 5491 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT ANDNOW, this z~' dayof r'~n.l~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 20, 2001 is hereby vacated. 2. The Father, Richard L. Singer, and the Mother, Rim E. Rowles, shall have shared legal custody of Hunter R. Rowles, bom November 11, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. The parties shall have shared physical custody of the Child on a week on/week off basis, with the exchange day and time being Friday at 5:00 p.m. Said shared physical custody arrangement shall begin on Friday, March 22, 2002 with Mother having the first week, and alternating on a weekly basis thereafter. 4. During Father's week of physical custody of the child, if Father is working, Mother shall care for the child during the day until 5:00 p.m. Mother shall have the child picked up at Father's home by 6:15 a.m. on such days. In the event that Mother is unable to pick up the child by 6:15 a.m., she may have the child picked up at the child's day care provider's home. Father shall notify Mother by 6:00 a.m. on such days if he is not working. 5. During Mother's week of physical custody, Father shall have physical custody of the child on Wednesday and Thursday from 5:00 p.m. to 8:00 p.m. 6. The Easter holiday shall be split and alternated on the following schedule: 8:00 a.m. to 2:00 p.m. and 2:00 p.m. to 8:00 p.m. Father shall have the early time in even years and the later time in odd years. Mother shall have the early time in odd years and the later time in even years. 7. The Thanksgiving holiday shall be split and alternated on the following schedule: 8:00 a.m. to 2:00 p.m. and 2:00 p.m. to 8:00 p.m. Father shall have the early time in even numbered years and the later time in odd numbered years. Mother shall have the early time in odd numbered years and the later time in even numbered years. 8. The Christmas holiday shall be in two Blocks. Block "A" shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block "B" shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block "A" in even numbered years and Block "B" in odd numbered years. Mother shall have Block "A" in odd numbered years and Block "B" in even numbered years. 9. Father shall be responsible for all transportation except as otherwise noted above, so long as the pick up and drop off will be at Mother's home in Cumberland County. Mother shall be responsible for all transportation if the child is not at Mother's home in Cumberland County. 10. This being a shared physical custody arrangement, the parties shall communicate with each other in regards to the custody of the child. The parties are encouraged to attend programs or counseling or otherwise educate themselves concerning communication among separated parents. 11. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 8. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. 9. 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, RICHARD L. SINGER Plaintiff V. RITA E. ROWLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-5491 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Hunter R. Rowles DATE OF BIRTH CURRENTLY IN CUSTODY OF November 11, 1997 Mother 2. A Conciliation Conference was held in this matter on March 20, 2002, with the following individuals in attendance: The Father, Richard L. Singer, with his counsel, Nathan Wolfe, Esquire and the Mother, Rita E. Rowles, with her counsel, Joan Carey, Esquire. 3. A prior Order of Court dated November 20, 2001 was entered by the Honorable Kevin A. Hess which provided for the parties to have shared legal custody, Mother to have primary physical custody and Father to have a phased in period of partial physical custody. 4. The parties agreed to entry of an Order in the form as attached. .5 ' .2 Date ine M. Vemey, Esquire d5 Custody Conciliator