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HomeMy WebLinkAbout06-7120CAMERON STEVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06- 71°-D CIVIL TERM HEATHER MIDDLETON, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Cameron Stever, hereinafter referred to as Father. Father resides at 20 North Eighteenth Street, Harrisburg, Dauphin County, Pennsylvania, 17103 2. Defendant is Heather Middleton, hereinafter referred to as Mother. Mother resides at 214 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Father seeks primary physical custody of the minor children: Name Francis Seyquan Stever Present Residence 20 N. 18'h Street Harrisburg, PA Age 2/10/03 DOB -4 yrs old Meiyauna Renae Stever 20 N. 18' Street Harrisburg, PA Francis and Meiyauna were born out of wedlock. 4. Francis and Meiyauna are in Father's custody. 6/6/04 DOB -21/s yrs old During his lifetime, Francis has resided with the following persons and at the following addresses: Name Address Date Cameron Stever 1514 Longs Gap Rd Birth - 9/03 Heather Middleton North Middleton, PA Linda Middleton Mindy Middleton Danny Middleton Cameron Stever 1945 Berry Hill St. 9/03 -12/31/03 Gretchen Reynolds Harrisbunrg, PA Larry Reynolds Jordan Stever (frequent overnight stays by Heather Middleton) Cameron Stever 1605 Thompson Street 1/1/04 - 8/04 Harrisburg, PA (frequent overnight stays by Heather Middleton) Heather Middleton Pheasant Run Condos 8/04 0 5/05 Linda Middleton Carlisle, PA Mindy Middleton Danny Middleton Meiyauna Stever (frequent overnight stays by Cameron Stever) Gretchen Reynolds DVS Shelter 5/05 - 8/05 Meiyauna Stever Cumberland County, PA Jacqueline Palmer 408 North West Street early 8/05 - late 8/05 William Palmer Carlisle, PA Meiyauna Stever (frequent overnight stays with Cameron Stever and Heather Middleton) Mary Stahl Bill Stahl Gretchen Reynolds Heather Middleton Meiyauna Stever 2790 Pelham Circle Deltona, FL late 8/05 -11/05 Heather Middleton 214 Meals Drive Linda Middleton Carlisle, PA Mindy Middleton Danny Middleton Terry (unknown last name) Meiyauna Stever Richard Middleton unknown address Meiyauna Stever Perry County Mindy Middleton (alt weeks) Danny Middleton (alt weeks) Richard Middleton's Girlfriend Girlfriend's Granddaughter Unknown Adult Male Jesse Middleton Tammy Middleton 4-5 unknown children 11/05 - mid 12/05 mid 12/05 - mid 1/06 Linda Middleton Mindy Middleton Danny Middleton Meiyauna Stever Terry (unknown last name) Cameron Stever Meiyauna Stever Janel Good Christian Pabon 214 Meals Drive Carlisle, PA 127 South 27`h Street Penbrook, PA Gretchen Reynolds Paxton Street George (unknown last name) Harrisburg, PA Meiyauna Stever Cameron Stever Janel Good Christian Pabon 127S.27 th Street Harrisburg, PA Cameron Stever Janel Good Christian Pabon Cameron Stever Janel Good Christian Pabon Mecca Stever Cameron Stever Janel Good Christian Pabon Meiyauna Stever Mecca Stever 20 N. 18th Street Harrisburg, PA 20 N. 18"` Street Harrisburg, PA 20 N. 18`x' Street Harrisburg, PA mid 1/06 - late 1/06 late 1/06 - mid 2/06 late 1/06 - mid 2/06 mid 2/06 - 4/06 4/06 - 7/06 7/06 -early 11/06 early 11/06 -present During her lifetime, Meiyauna has resided with the following persons and at the following addresses: Name Address Date Heather Middleton Pheasant Run Condos birth - 5/05 Francis Stever Carlisle, PA Linda Middleton Mindy Middleton Danny Middleton (frequent overnight stays by Cameron Stever) Gretchen Reynolds DVS Shelter 5/05 - 8/05 Francis Stever Cumberland County, PA Jacqueline Palmer 408 North West Street early 8/05 - late 8/05 William Palmer Carlisle, PA Francis Stever (frequent overnight stays with Cameron Stever and Heather Middleton) Mary Stahl 2790 Pelham Circle late 8/05 -11/05 Bill Stahl Deltona, FL Gretchen Reynolds Heather Middleton Francis Stever Heather Middleton 214 Meals Drive 11/05 - mid 12/05 Linda Middleton Carlisle, PA Mindy Middleton Danny Middleton Terry (unknown last name) Francis Stever Richard Middleton unknown address mid 12/05 - mid 1/06 Francis Stever Perry County Mindy Middleton (alt weeks) Danny Middleton (alt weeks) Richard Middleton's Girlfriend Girlfriend's Granddaughter Unknown Adult Male Jesse Middleton Tammy Middleton 4-5 unknown children Linda Middleton 214 Meals Drive mid 1/06 - late 1/06 Mindy Middleton Carlisle, PA Danny Middleton Francis Stever Terry (unknown last name) Cameron Stever 127 South 27`x' Street late 1/06 - mid 2/06 Francis Stever Penbrook, PA Janel Good Christian Pabon Gretchen Reynolds Paxton Street late 1/06 - mid 2/06 George (unknown last name) Harrisburg, PA Francis Stever Gretchen Reynolds Paxton Street mid 2/06 - 3/06 George (unknown last name) Harrisburg, PA Gretchen Reynolds 414 N. Pitt Street 3/06 - mid 11/06 Jordan Stever Carlisle, PA Shayla (unknown last name) Cameron Stever 20 N. 18`h Street mid 11/06 - present Janel Good Harrisburg, PA Christian Pabon Francis Stever Mecca Stever 5. Father currently resides with the following persons: Name Relationship Janel Good Fiancee Christian Pabon Fiancee's Son Francis Stever Parties' Son Meiyauna Stever Parties' Daughter Mecca Stever Child with Fiancee 6. It is believed that Mother lives with the follo wing persons: Name Relationship Linda Middleton Maternal Grandmother Mindy Middleton Sister Danny Middleton Brother Terry (unknown last name) Maternal Grandmother's Boyfriend Starlene Middleton Sister Adayah (unknown last name) Niece 7. Father has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of the children this or another court. 8. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. Father 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. 10. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a. Father is presently able to provide for the children by giving them a nurturing and stable home environment and providing for their emotional, physical, medical and educational needs. b. The children have a very positive, nurturing relationship with Father's fiancee and their half-sister. c. Father is the parent most capable of encouraging the children to have an ongoing relationship with the non-custodial parent. 11. Mother has not acted in the children's best interests in ways including but not limited to the following: a. Mother is currently involved in criminal matters in Lancaster County stemming from a 2005 incident wherein a man was shot, a woman was attacked and a minor child was kidnapped. Mother fled the jurisdiction, was arrested in Michigan and was extradited to Pennsylvania where she spent almost a year in jail. b. During the time that Mother was incarcerated, Mother's family transported the children between Cumberland and Perry County in an attempt to conceal their whereabouts from Father. Father had to search for two months before the children were returned to his custody. c. Mother has not yet been sentenced for her involvement in the 2005 Lancaster County incident and cannot provide the stability that Father can provide for the children when there is a possibility of an additional period of incarceration. d. Mother is free on bail and lives in a two-bedroom trailer with seven (7) other people. There is no room available to safely and effectively care for the children and provide for their basic needs. 12. Every person with rights to custody or having actual physical custody of the children has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1. That the parties shall share legal custody of the children. 2. That Father shall have primary physical custody of the children. 3. That Mother shall have periods of partial physical custody three days each week for eight hours at a time. 4. That Mother shall not remove the children from Dauphin or Cumberland County areas. 5. That Mother will not leave the children unsupervised with the paternal grandfather, Richard Middleton. 6. Neither party shall smoke around the children or in vehicles when transporting the children. 7. The receiving party shall provide transportation for the custody exchange. 8. Any other relief the Court deems just and equitable. 9. Any other relief this Court finds just and equitable. submitted, JessfcgHoM, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Cameron Stever, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Cameron Stever CAMERON STEVER, vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- CIVIL TERM CUSTODY HEATHER MIDDLETON, Defendant AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Amy Harrington with a Complaint For Custody on N DeC by certified mail, return receipt, restricted delivery, to the person and address below: Heather Middleton 214 Meals Drive Carlisle, PA 17013 I, Jessica Holst, verify that the statements made in this Affidavit 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. Date: /;/ -L//` U Signature: 71 rTi 0 CAMERON STEVER, vs. HEATHER MIDDLETON, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06- 7/-M CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Cameron Stever, Plaintiff, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am legal services to the party. Je i¢a Holst, Esquire JdPenn Legal Services 01 East Louther Street Carlisle, PA 17013 (717) 243-9400 C -ii: CAMERON STEVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER MIDDLETON DEFENDANT 06-7120 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 20, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, January 16, 2007 at 9:00 AM for a. Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /Orr ? 0 01:' I X30 9002 -, ,, , H CAMERON STEVER Plaintiff VS. HEATHER MIDDLETON Defendant JAN 19 2001 p+`? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-7120 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this -, ?, day of "?aKV wty _, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Cameron Stever, and the Mother, Heather Middleton, shall have shared legal custody of Francis Seyquan Stever, born February 10, 2003 and Meiyauna Renae Stever, born June 6, 2004. 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. Each parent shall be entitled to have equal access to all records and information pertaining to the Children including, but not limited to, school and medical records and information. In the event of an emergency involving one or both Children, the custodial parent shall notify the other parent as promptly as possible. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children on three days each week from 10:00 a.m. until 3:00 p.m., with the specific days being selected by agreement between the parties on a weekly basis. This schedule shall begin with the Mother having custody of the Children on January 17, 18 and 19, 2007. 4. In every year, the Mother shall have custody of the Children for Mother's Day and the Father shall have custody of the Children for Father's Day, with the specific times for exchanges to be arranged by agreement. All other holidays shall be shared equally between the parties with the times of exchange to be scheduled by agreement. 5. The Mother shall be responsible to provide transportation for exchanges of custody, with the Father sharing the responsibility as much as possible when he is able to make arrangements to obtain transportation until such time as he obtains a driver's license. 6. The Father shall notify the Mother as soon as possible of the time and date for the Francis' 5 surgery. 7. Neither party shall smoke in the residence and car during periods of custody with the Children. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. The Mother shall not place the Children in the care of the maternal grandfather unless the Mother is present at all times. 9. The Mother shall not remove the Children from Cumberland or Dauphin County unless otherwise agreed between the parties. 10. The Mother agrees to comply with the Father's request that the Children do not eat pork during the Mother's periods of custody. 11. Each party shall ensure that the other party has his or her current address and telephone number at all times. 12. Neither party shall do or say anything which may 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. Both parties shall ensure that third parties having contact with the Children comply with this provision. 13. 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, cc: Jessica Holst, Esquire - Counsel for Father Leslie Tomeo, Esquire - Counsel for Mother' rfJJ s p. ? : r = f CZ 'I r Lccz Ate`VlC',,:ty_ _L; ]"Hi JO ? I.Cl-U] lid CAMERON STEVER Plaintiff VS. HEATHER MIDDLETON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-7120 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Francis Seyquan Stever February 10, 2003 Father Meiyauna Renae Stever June 6, 2004 Father 2. A custody conciliation conference was held on January 16, 2007, with the following individuals in attendance: the Father, Cameron Stever, with his counsel, Jessica Holst, Esquire, and the Mother, Heather Middleton, with her counsel, Leslie Tomeo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. j a::3 . / e' J=00-7 /1-1 ?'Z? - Date ?- Dawn S. Sunday, Esquire Custody Conciliator CAMERON STEVER, Plaintiff VS. HEATHER MIDDLETON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7120 CIVIL ACTION-LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. The Petitioner is Cameron Stever, the Plaintiff in the above captioned matter. 2. The Defendant is Heather Middleton, the Defendant in the above captioned matter, whose address is 214 Meals Drive, Carlisle, Pennsylvania 17013. 3. It is believed and therefore averred that the Defendant is living with her Mother at the above address. 4. On January 23, 2007, the Court entered an Order relative to the custody of the parties' minor children, Francis Seyquan Stever and Meiyaunna Renae Stever, ages four and two respectively. A copy of the Order is attached hereto and made a part hereof as Exhibit "A", which was signed by the Honorable M.L. Ebert, Jr. 5. The Order was entered pursuant to the Agreement of the parties after a Custody Conciliation Conference, with both parties being represented by counsel. 6. Pursuant to the Order, Plaintiff has primary physical custody of the children, with Mother having partial physical custody for purposes of visitation between the hours of 10:00 a.m. and 3:00 p.m., three days per week, on days to be agreed upon by the parties. Defendant does not have overnight custody. 7. The first week's schedule began on January 17, 2007, a Wednesday, and proceeded through Thursday and Friday of that week. 8. Thereafter, the parties agreed that visitation would continue on a regular basis every week on Wednesday, Thursday and Friday at the appointed times. 9. Upon the completion of the most recent visitation on February 23, 2007, the Defendant failed to bring the children back to their Father in accordance with the Court Order. 10. Defendant also failed to contact the Father or disclose a reason or the whereabouts of the minor children. 11. When the Father went to the Mother's residence to find the children, he was refused access to the children, and Mother refused to give the children back to the Father. 12. Father contacted the Pennsylvania State Police and requested their assistance in obtaining the return of his children. 13. When the State Police arrived, they informed Father they would not enforce the Order, as there is nothing in the Order requiring the State Police to forcibly remove the children from the Mother's home, despite the fact that she did not have custodial rights to the children. 14. It is believed and averred that Mother may have placed the children in the unsupervised care of her father, in direct violation of Paragraph 8 of the Order. Contact with the maternal grandfather was prohibited because he is an alleged sexual child abuser, having abused Mother when she was younger. 15. Furthermore, maternal grandfather resides in Perry County. Transporting the children outside Cumberland or Dauphin Counties is in direct violation of Paragraph 9 of the Court Order. 16. Defendant has a history of threatening to take the children out of state and disappear. 17. Defendant has a past criminal history involving interstate flight to avoid prosecution for various crimes, resulting in her extradition from another state in the past year. 18. Plaintiff is very concerned about the well being and care of the children based on the Defendant's unstable life style, past history, and flagrant violations of a Court Order that has only been in effect for one month. 19. Plaintiff believes and avers that the children are in immediate danger of serious physical and emotional harm. 20. Pursuant to Local Rule 208.2(d), counsel has contacted Karl Rominger, Esquire, attorney for the Defendant to request concurrence in the attached Petition. As of the filing of the Petition, counsel has been unable to speak with Attorney Rominger and assumes that he would not concur in the attached Petition. 21. Father has unnecessarily incurred counsel fees in the presentation of this Petition for Emergency Relief and requests that Mother reimburse him for same. WHEREFORE, the Plaintiff requests this Honorable Court to: A. Enter an Emergency Order requiring that the children be immediately returned to their Father in conformity with the Order of January 23, 2007; and B. Ordering the State Police and/or any other Police Department in whose jurisdiction the children happen to be to enforce the emergency Order requiring the immediate return of the children; and C. Stay the Order involving Defendant's visitation rights until a hearing before the Court; and D. Order Defendant to reimburse Plaintiff for all attorney's fees incurred in filing of this Petition to enforce the Order of January 23, 2007; F. Provide such further relief and the Court deem equitable and just. PURCELL, KRUG & HALLER By Jr. I.D. #2Y55 17 orth Front Street arrisburg, PA 17102 (717) 234-4178 EXHIBIT "A" JAN 19 2007 A? CAMERON STEVER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-7120 CIVIL ACTION LAW HEATHER MIDDLETON Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?t day of 7o?K?) a? y 20011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Cameron Stever, and the Mother, Heather Middleton, shall have shared legal custody of Francis Seyquan Stever, bom February 10, 2003 and Meiyauna Renae Stever, born June 6, 2004. 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. Each parent shall be entitled to have equal access to all records and information pertaining to the Children including, but not limited to, school and medical records and information. In the event of an emergency involving one or both Children, the custodial parent shall notify the other parent as promptly as possible. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children on three days each week from 10:00 a.m. until 3:00 p.m., with the specific days being selected by agreement between the parties on a weekly basis. This schedule shall begin with the Mother having custody of the Children on January 17, 18 and 19, 2007. 4. In every year, the Mother shall have custody of the Children for Mother's Day and the Father shall have custody of the Children for Father's Day, with the specific times for exchanges to be arranged by agreement. All other holidays shall be shared equally between the parties with the times of exchange to be scheduled by agreement. 5. The Mother shall be responsible to provide transportation for exchanges of custody, with the Father sharing the responsibility as much as possible when he is able to make arrangements to obtain transportation until such time as he obtains a driver's license. 6. The Father shall notify the Mother as soon as possible of the time and date for the Francis' surgery. 7. Neither party shall smoke in the residence and car during periods of custody with the Children. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. The Mother shall not place the Children in the care of the maternal grandfather unless the Mother is present at all times. 9. The Mother shall not remove the Children from Cumberland or Dauphin County unless otherwise agreed between the parties. 10. The Mother agrees to comply with the Father's request that the Children do not eat pork during the Mother's periods of custody. 11. Each party shall ensure that the other party has his or her current address and telephone number at all times. 12. Neither party shall do or say anything which may 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. Both parties shall ensure that third parties having contact with the Children comply with this provision. 13. 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. p,. a Y V? sir ? tl?t?`Bd ?VJ YQ Y Y6a Teswonywhovd, I here into set my h?« ?.I the so of said Court at COW ?7 ...eWi cc: Jessica Holst, Esquire - Counsel for Father ,?,Lul a Leslie Tomeo, Esquire - Counsel for Mother X BY THE COURT, VERIFICATION I verify that the statements made in the-foregoing petition for Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Date: EER, ?d, Zoo-i, Cameron Stever CERTIFICATE OF SERVICE I, Carol A. Masich, Legal Assistant to John W. Purcell, Jr., Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendant by forwarding said copy to her attorney at the following address, by first class U.S. Mail on March 1, 2007: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney for the Defendant Carol A. Masich, Legal Assistant to JOHN W. PURCELL, JR. I.D. NO. 29955 F CAMERON STEVER, PLAINTIFF V. HEATHER MIDDLETON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7120 CIVIL CIVIL ACTION - IN CUSTODY IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 5'h day of March, 2007, upon consideration of the Petition for Emergency Relief filed by the Plaintiff, IT IS ORDERED AND DIRECTED that a hearing shall be held on the matter on Thursday, March 8, 2007 at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, X t/- -? ?n W. Purcell, Jr., Esquire Attorney for Plaintiff ,xa"rl Rominger, Esquire Attorney for Defendant c bas r vi't, -\, ?a M. L. Ebert, Jr., J. b 't' .Z 14d - W LOQZ 5 1 5 ASV Es'a : _ ,_? !J a i ;1? IC CAMERON STEVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-7120 HEATHER MIDDLETON, : CIVIL ACTION-LAW Defendant : IN CUSTODY ORDER OF COURT ?'th AND NOW, this day of 2007, upon consideration of the Petition for Emergency Relief filed by the Plaintiff, it is ORDERED that the Pennsylvania State Police and/or any other Police Department having jurisdiction over the minor children, Francis Seyquan Stever and Meiyaunna Renae Stever, is hereby ORDERED and empowered to enforce the provisions of the Order of January 23, 2007, in the above captioned matter, including but not limited to removing the children from the custody of their Mother when it appears that Mother has failed to return the children to their Father in accordance with the aforementioned Order. Mother shall also reimburse Father for counsel fees incurred in the amount of $ .560.60 s%,a Q`7 w%,cvA 4ti\0A bt, r-\ dk t. 0,& m- bt,(rit. 34k1 313 X007. In all other respects the Order of January 23, 2007, shall remain in full force and effect. BY THE COURT, M.L. Ebert, Jr. J. k II S .c !"I'd S- M LOOZ n #'? ( u 1.u 3a ?O CAMERON STEVER, Plaintiff V. HEATHER MIDDLETON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2006-7120 CIVIL IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF NOW COMES, Karl E. Rominger, Esquire, for Petitioner, Heather Middleton, and in support of this Emergency Petition for Special Relief avers as follows: 1. Petitioner is Heather Middleton who resides at 214 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Cameron Stever, who resides at 20 North Eighteenth Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. On or about January 23, 2007 an Order of court was entered by the Honorable Judge Ebert, granting father primary physical custody of children. (Order attached as Exhibit 4. On or about April 10, 2007 the Respondent's brother Jordon T. Stever was arrested for drug paraphernalia and intent to deliver. (Criminal Complaint attached as Exhibit "B") 5. It is believed and averred that Jordon T. Stever resides with the paternal grandmother, Gretchen Stever of the minor children in this matter. 6. It is believed he stores the drugs in the grandmother's residence. 7. Respondent permits the minor children to visit and spend overnight visits with Grandmother in her residence. 8. Petitioner believes and therefore avers that the minor children should not be in unsavory environment. WHEREFORE, Your Petitioner respectfully requests that this Honorable Court, grant a temporary order granting primary physical custody of the children to the mother pending the scheduling of a hearing on the matters alleged herein. Date: Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 1701.3 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner CAMERON STEVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- LAW HEATHER MIDDLETON NO. 2006-7120 CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Heather Middleton, do hereby certify that I this day served a copy of this Emergency Petition for Special Relief upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther St., Suite 103 Carlisle, PA 17013 Respectfully submitted, ROMINGER & ASSOCIATES r rl Z-? 7 Dat Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner Page 1 of 1 'is2OD CAMsRON STEYM IN THE COURT OF COMMON PLEAS OF plaintiff CLMSERLAND COUN7 Y, PENNSYLVANIA vs. 06-7120 CrM ACrTON LAW HRA.THBR MIDDLE T'ON Dofandant IN CUSTODY AND NOW this g, day of 1661wa.0 2004, up= oonsidaration of the athwhed Gufftady CornciHation Report, it is ordeled and davoted u followo-, 1. The, Father, Cameron Stever, and the Mothw, H,eatha Middleton, shall bave shared legal oastaody of this Sayquan Stever, Turn Februmxy 10, 2003 a d Mciyama R=w Sever, born Duna 6, 2004. Bach parent ahaU have as equal rk&4 to be exercised jointly with the other patent, to make all major nary-emergency decisions a#'feoting the chitdrrz's pnwl well being including, but not limitod w, all decisims regarding their health, education and religian. Each parent shall be entitled to have equal access to all records and it ormatim i pertaining to t}ie Children including, but not limited to, school and medical reeorde and informatian. In the event of an emerpnoy involving ono or both Chil&van thz auvwdial parent shall notify the other parent as pronVtly as passible, 2. `i'he Father shs,11 have primary physical custody of the Children. 3. The Mother shall have partW physical custody of the ChiWm on tlueG dams each week from 14:00 am. until 3:00 p.m., with t1w sped:rx days bang salmted by agt=arrt batwom the, parties on a weekly basis. 'T'his sdisdule shau b 4n with the Moor having custody of the Children on January 17, 18 and 19, 2007, 4. in every yeu, tha Mother small have cugWdy of the Children far Mother's Day and the Father ehali have custody of the Children for Father's Day, wi& the specific times for exchanges to ba arranged by merit. All other helidays shall be shared equally between the parties with, the ti=s of exchange to be wheduled by agreements 1. The Mother a1na11 be rearpanaibie to praaide transpertatian fior exchanges of ousdadv. with the to obtaaA Father 9191ing the responsibility as much as possible when he is able to make arrangementp bansportahon until such time as he obtains a driver's liogme. 6. The Fathom shall notify the Mother as soon as po asibie of the time sad data for thr, Fr=cis' surgery. Exhibit "A" http:/,?records.ccpa.net%weblink_public/ImageDisplay.aspx?cache=yes&sessionkey=WLIm... 2/26/2007 Page I of 1 7. Noithcr 13 arty aball swke in the residence and car during periods of custody with the Children, Both parties thall ensure that third pwtiea having cachet with the- Children oomply with this Provision. 8. The Mother shall not place the Children in the, care of the maternal grandfa r unless the Mother is present at all times. 9, Tho Mother shau not remove dw Children ftm. Cumberland or Dauphin County unless - p uiww ' w s ccci ?ecwroli uic J;AL "cam. 10. The Mother agrees to comply with the Father's request the the Children do not eat park during the Motber'e period of cumody. 11, Eaoh party shall ensure ftt the other party has his or her currant address and telephone number at all times, 12. Neither party shall do or say anything which may extra thc Children from tho oth% parent, injure the opinion of the Child= as to the ether parent, or hamper the Ave and natural development of the Child='s Loya and respect for the ether parent, Both parties shall ensure that third parties having contact with the Child= o mply with this provision. 13, This der iz entered pursuant to an agreement of the parties at a oustody conciliation codmmce The pwtiea may modify the provisima of tlve Order by muftW conwoL In the abeenae of mutual consents the terrna of this Order shall contmi, BY THE COURT, cc: Jessica Holst, Esquim - Cuumai for Father , f • ? ? ? ? Leslie Tomeo, Esquire - Courvel for lw+l*w http://records.ccpa.net.'w-eblink_public/ImageDisplay.aspx?cache=yes&sessionkey=WLIm... 2/26/2007 APR-11-2007 08:34 From: office of the attorney for the Commonwealth ? Apprmond O Disapproved because: ITIw •tlerw.? lw ew. eA?ww1ww.vr•ww wry rMw? m.r wr e.w.p??iwr, .-." -1 .ffl"W. or Ik.t% be •rr?..d 1y 0- a ftww" for M CMniwowwoNw ,~ to I'"", s.. I..w.e-"ft.• I PO SCOTT J NOVAX (Name of the Affiant-pleaso Print or '1.'ype) of CARLISLE PD (iaentiry Department or Aq'ancy Represenceo ana Pci_t_cal subdivivion) BADOF 43 '''8P/MP0l!7C, As3)g dne APfiam 0 Nuinbor & 5aage PA0210200 lF.,] acrcncy OrI Number) i-jo hereby state: (chPrr, .appropriar=e nnx) ® I accuse the above; named defendant wthc iivRp rir the -AddrEas ?JeL tor( h above ? I accuse t1je defenddnL whoge name iS unknown to mob. hi)r. why i is described as O 7 accuse the detenaan[ whose name ana pnpl)IAI- dFr,-.gn,-3tion cc z,ick,name arA i,nkrn,wrl to me Anr) wl?,.n T 11 ve Ch: r.?fot e d,?F.-,i gnA{Fr1 air. 1o)°.n Doe clt J::e,ic Doc 402 CARLISLE with viclatinq the penal lawn oe the -ammonw?alrh n1. 1'rnn?ylvlnia ar_( 415 N PITT ST CARLISLE [r>>?i?isi?n Cod4) tC14C!l-P01iY5;'.,,i in- CUMF3?:KLAN"D (' -PA 02x. nil ni- ?r L ? [ e'G17t1 L y' rti on or about vteluiil To:7172416878 P.7/11 COMMONWEALTH OF PENNSYLVANIA POLICE CRIMINAL, COMPLAINT COUNTY OF: CUMBERLAND COMMONWEALTH OF bENNSYLVANIA vs M"'O"fud DIStryCf Ntu"bff:0 9 2 0 2 DEFENDANT: . (NAME and AoDRFSS) Mo,: NonJESSTCA F BR.F.WBAKER JORDAN T STEVER 1 COURTHOUSE SQ First Name Mirkne Name Last Name "In Adde,CAR.LISLE PA 1 7C11'? r 408 N WEST ST 1 . Tetep"O": 717 240 6565 L CARLISLE PA 17013 0000 00 fi l Feltmtty hull ? 4-Felony No Ext. ? R-Min(IcMc,-mGr Limited ? C-Misdemean,.r rend. ? Z-Felony Lta. ? :3-t"r-1 1"l pr nl . y ? C-Misdemeanor gut.igwlding ;(area ? -i•teelony surrnrnndinG ;rarPF ? A-Misdemaenor Full ? U-M•iade•:me-,i ncr. No txtrarl;t, . ? Die^.le?el?'e: I OEM }^ l LACK ON-HISP et Y um r Dlafe Filhd 04 1 419 /61 I NILNeScan Number T' on, NlsinVI t Numbcn 48 !M - 0 --0 201 -J CAR 0070400396 Doe 02 08 1986 POS ?- Add'I DOQ SSN Aftci I:cN 173 66 6159 AKA First Name MMIC %ifw last Narllb JORDAN STEVER Len AI•F: HAIR COLOR EYE COL014 BLR - BLACK sID• BR0 - EiltCIM1N Request Lab Sarvicas? NO State PA License Number 26830150 Facvtrrs NO L)NA Location INS l 1.65 M, R 5 11 ate 19181" .a R6,6tratiun nil Veh. School . IYI. NCIC. M-2 NO Sticker (MMMv) Ind. Veh. Voh Cow VIN ra' a e: nT- r a Color 070410 055130 Exhibit "B" APP-11-2807 08:34 Prom: To:7172416878 P.8/11 it Number: Oate Filed: OTNIUve8can Number -jee1-07 04 10 200 % , I A137I/Y- JORDAN POLICE CRIMINAL COMPLAINT ncident Number 400396 CAR STEVER T The acts comlrliited by the accused are described below with each Act of Assembly or statute violated, if approprldte : (Set forth a brief rulnoinov id ir* rmaz; sufficient to evvlse the defenciatM nl (M: n41ulV of the o11?9n80(6) fhalTptd A citation to the rjnit1U;(s) vtolne.tl. w.tnuul more, i1 nol suffivionl. In a summary cara3, yem nu1f?l 1:4.; UK, swvumc: section(!) ano 6ub69WC,(4r..) 0 11Ko ,netute(9) or ordinanu.(r) :,u,Vedly violated ) Attempt -. ? 11 P01 A 90iicitatloli ? 18 902 A Conspiracy t R 90 1 Al ? (Engaging) ? A2 (Aiding) Q IPormitting (Title 75 Only) ? (Knowledge) ? , 7,, 1:ilg A %J %j J0 U -1 AM j v _L „3 _ boen66 R Sjxa:n% Subsvctior PA Stbtute (Me) COUnts Grede NCIC OAense Coda IIMNIBRS CvJe ? safety Zone i t work Zu11e 11 ??.I :Acts of the accus s abed with this Offense: AID IN ENT ONALLY, KNOWINGLY AND UNLAWFULLY MANUFACTURE, DELIVER, OR POSSES WItH INTENT TO MANUFACTURE OR DELIVER, A CONTROLLED SUBSTANCE BY A PERSON NOT REGISTERED UNDER THIS ACT, OR DID KNOWINGLY CREATE, DELIVER OR POSSESS WITH INTENT TO DELIVER, A COUNTERFEIT CONTROLLED SUBSTANCE. Attempt Soiicitatiou cwsplracy ?1 A2 B Permitting (Title 75 Only) 11 18001 A ? 18 802 A 10 003 t-1 ngogtng) C] (lading) (Knowlodge) ? T51,975 A t i. L e8d7 t3fl?ira A SRI:I11m Sollo ,nrtion 11A flub (Title) Uf%odu NCIC Offense Code UCRiN DRS Cutlet ? Safety Zonc ? Work Zone i Acts of the accused associated with this Offense: m Attempt solicitation Conspiracy 1 AT 8 Permitting (Title 75 Only) ? 18 got A ? 1R 907 A 1$ 903 (Engaging) I..J (Aiding) ? (Knowledgr.) ? /5 1575 A ?t C3dT 1311150 .jAdion se""ciron PA S4+ut¢ nunt:Q1 Itk1 WIC t)ffenla 006 ll v ooe d.l ? Safety Zone Work lone .'1 Acts of the accused associated with this Offense: DID WITH THE INTENT OF PROMOTING OR. FACILITATING THE COMMISSION OF A CRIME, AGREE TO SID ANOTHER PERSON OR PERSONS THAT THEY OR ONd OR MORE OF THF_M WOULD ENCAGE TN CONDUCT WHICH CONSTITUTES SUCH CRIME OR ATTF'MPT OR SOLICITATION TO COMIT SUCH PRIME AND IN PURSUANCE: OF SUCH CONSPIRACY AN OVERT ACT WAS l_OMMTTTED. APR-11-2007 08:35 From: To:7172416878 P.9?11 POLICE CRIMINAL COMPLAINT )oc t Number: Date Filed: OTNILivoScan Number Comptaint/lncident Number 07 04 10 20 Ci7 y 'r- 200'/0400396 CAR as JORDAN' 'r STEVER 2. 1 ask that warrant f arrest or-a s be Issued and that the defendant be required to answer the charges I have made) `?" a. I verify that the racls set forth in this complaint are tree and correct to the hest of my knowledge or information and belief. This verification Is made subject to the penalties of Section 4804 of the CrimAs Code (18 PA.C.S,§4904) relating to unsworn falsification to authorities. 4, This cort*ipluinl is comprised of the prarading Page, us woll as the attached pages that fellow, numbered through specifying oftenses and ParticipHnls. ?f any. The acts committed by the ac:cuscd, as listed and hereafter, were against the peace and dignity of the Commonwealth of Pennsylvania and were contrAry to the Act(s) of the Assembly, or in violation of the statutes cited. (Before a warrant of arrest can be issued, an affidavit of probable cluse must be completed, sworn to beforo the issuing authority, and tta hed.) f --7 aturA Of Afflant) .t AND NOW, un this date t4 /I I certify that the complaint has been properly completed and verified. An affid3vlt of probable cause must be corn,pletad before a warrant can by issued. f? (M33gicte0l District Court NomOAr) (Issuino Ai,iWornty) APR-11-2007 08:35 From: To:7172416878 P.10/11 F'ROBARLE CAUSE AFFIDAVIT TN-C-1-DENT NUMBER: 20070400'396 CAR DA'1'L: 04/a9/2O0'J OTN: PG I Cl"c-'E (s) : #CrS 1. 35 780-113 A30 iKANUFAAC7/DEL,/ POSS W LNT TO MAN/DEL CONTRLLD StT 75 410'% B2 OP/PERMIT OPERATE VEH W UNSA?E EQT72P 1 18 903 A2 (::R CONS P AID: '% 8 0 - 113 A30 1 COMMONWEALTH VS JORDAN T SEVER I NFORmNr 1 ON : ON APRIL 9, 2007 AT APPROXIMATELY 2?,58HRS THIS OFFICER OBSERVED AN OLDSMOBILE SEDAN BEARING PA REGISTRATION GLW0978 TRAVELLINC NORTHROUND ON N PITT ST, NEAR THE INTERSECTION OF W PENN ST, CARLISLE BOROUGH, CUMBERLAND COITN'I.`Y,,, THIS VF'HIC'LE HAD TINT ON THE DRIVERS AND PASSENGERS SIDE WINDOWS WHICH APPEARED TO BE COMPLETELY BLACK, NOT ALLOWING ANY LIGHT "10 BE TRANSMITTED. A TRA.FFICE STOP WAS CONDUCTED IN THE 400BLK OF N PITT ST ON TVP VEHICLE ABOVE. ON APPROACH TO THE DRTVERS SIDE WINDOW OF THE ABOVE VEHICLE. A STRONG ODOR OF MARIJUANA COULD 13F. NOTICED COMING FROM THE INTER- IOR OF THE VEHICLE. THE DRIVER WAS IDENTIFIED AS JORDAN T STEVER AND THE FRONT PASSENGER AS MARCEL J BROWN. A TTNT MEASUREMENT OF THE DRIVERS ST,DL FRONT WINDOW RESULTED IN A READING OF 35% LIGHT TRANSMITTAL WHEN 70$- OR GREATER 1S RRQUI- KLD BY THE PA INSPECTION MANUAL, TABLE 1.0. BASED ON THE INFORMATION ABOVE CPL MILLER AND HIS K-9 PARTNER, EAGLE, WERE REQTJRSTED TO THE SCENE FOR A SCAN OF THE ABOVE VEH- ICLE TO DETECT THE PRESENCE OF NARCOTICS. AT 0031HR5 ON APRIL 10, 2007 EAGLE ALERTED TO THE PRESENCE OF NARCOTICS. BOTH IN- DIVIDTTALS WERE TAKEN INTO CUSTODY. A SEARCH OF BOTH SUBJECTS FOUND THAT STEVER HAD ON HIS PERSON A SMALL ROLLED CIGAR CONTAINTNG SUSPECTED MARIJUANA, A SMALL PLASTIC BAGGY CONT'AININC SUSPECTED MARIJUANA, AND $490.00 US CURRENCY. A SEARCH OF :DROWN eQUND -M-EAT BROWN HAD ON HIS PERSON A LAF-GF, PLASTIC BAGGY CONTAINING SMALLER BAGG:CES EACH CONTAINING SUSPECTEn MARIJUANA. A FURTHER SEARCH BY PTLM PARSON REVEALED THAT BROWN ALSO HAD ANOTHER, LARD iE PLASTIC DAGGY CONTAINING MIuL'TIPLE SNLALLER. BAGGIES EACH CONTAINING SUSPECTED MARIJUANA. A FIET,D TEST RESULTED IN A PRESTJMPTl"JE POSITIVE FOR MARIJUANA ON THE ABOVE .SITRSTANCES CONTATNED IN THE DAGGIES. BASEL) ON MY TRAINING AND EXPERIENCE, I KNOW THAT OFTEN nRUG DEALER: OPERATE IN SUCH A WAY THAT ONE PERSON HOLDS THE PROCEEDS WHILE THE OTHER PERSON HOLDS THE DRUGS. BASED ON THE; 1NVORMATION ABOVE, THIS OFFICER REQUESTS A WARRANT' OF ARREST BE ISSUFn TO JORDAN T STEVER TO ANSWER TO THE CHARGES CONTAINED IN THT S COMPIAINT. APR-11-2007 g8:?5 From: To:7172416878 P.11/11 PROBABLE CAUSE AFFIDAVtT 'J n INCIDENT NUMRE;K: 20070400396 CAR DATE: 04/09/2007 OTN: PG ?. COMMONWEALTH VS JORDAN 7' STEVER I ASK THAT ,WARRI?TT-)OF ARREST BE ISSUFM AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE C74UME (S) I NAVE MADE 7N THE ABOVE A.FFIDAV TT . Z SWEAR 'r0, OR AFFTRM, THE WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION AND BELIEF, Awn SIGN IT ON 20 BEFORE WHOSE OFFICE ;T,A'^ f J?. SIGNATURE k SFAL OF MAGISTERIAL DIS'IRICT__._.. SIGNA'YU-RL OF AFFIANT JUDGE *'S, OTT PRINT 2 COPIES - MAC. DISTRICT JUDG' ], COPY - BUREAU OF POI.ICF z .?''?„?. ,:1? .. ?? ff i? Y--. ? .. .,_ .,? .. -., _ c.,. , ? V `h.. ? .. ti? y ?... ?? ?'. CAMERON STEVER, Plaintiff VS. HEATHER MIDDLETON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7120 CIVIL ACTION-LAW IN CUSTODY RESPONSE TO EMERGENCY PETITION FOR SPECIAL RELIEF 1. Admitted. 2. Denied. The Plaintiff Cameron Stever resides at 703 North 19`h Street, Harrisburg, Dauphin County, Pennsylvania. 3. Admitted. 4. Denied as stated. Plaintiff's half brother Jordan T. Stever, an adult, was arrested for the matters set forth in the Exhibit "B", while in a motor vehicle on a public street, not at the home of the Plaintiff, who lives in another county. 5. Denied. Jordan T. Stever resides at 408 N. West Street, Carlisle, Pennsylvania, as indicated on Exhibit "B". The address of 408 N. West Street is also the home of Jordan T. Stever's paternal grandmother, Jacqueline Palmer, with whom he resides. He does not reside with Gretchen Stever, the paternal grandmother of the minor children, whose address if 414 N. Pitt Street, Carlisle, Pennsylvania. 6. Denied. Plaintiff is without information or knowledge concerning Jordan T. Stever's storage of drugs. It is not clear from the allegation whether the Defendant is referring to Jordan T. Stever's paternal grandmother, or the children's paternal grandmother. Strict proof is demanded at trial. 7. Admitted that the Plaintiff allows the minor children to visit and spend overnight visits with Gretchen Stever, the children's paternal grandmother. The children do not spend overnights with Jordan T. Stever's paternal grandmother, Jacqueline Palmer, with whom he resides. 8. Denied. The children are not in an "unsavory environment". CROSS PETITION FOR SPECIAL RELIEF 9. Plaintiff hereby incorporates the factual allegations set forth in paragraphs 1-8 above as if set forth at length. 10. Despite the Court's admonition to the Defendant at the previous hearing on March 8, 2007, Defendant continues to violate the terms of the Court Order of January 23, 2007, as follows: 2 A. Defendant repeatedly refuses to return the children in accordance with the time frame set forth in paragraph 3 of the Order. B. Defendant continues to smoke in the presence of the children, specifically in the automobile while transporting, in violation of paragraph 7 of the Order. C. Plaintiff believes and therefore avers that the Defendant has taken the children out of Cumberland or Dauphin County in violation of paragraph 9 of the Order, by taking the children to their maternal grandfather, a pedophile, who resides in Perry County. 11. In addition to the violations of the Court Order set forth above, Defendant consistently transports the children in a vehicle without child safety seats in violation of state law, and without a driver's license. 12. Plaintiff has attempted to discuss the issues set forth above with the Defendant, who has rebuffed all efforts, telling Plaintiff to "take me to Court". 13. Defendant's filing of her Emergency Petition for Special Relief constitutes frivolous use of the legal process, and along with her continuous violations of the Court Order, have forced the Plaintiff to incur additional attorney's fees. 3 WHEREFORE, the Plaintiff requests this Honorable Court to take testimony and after hearing: A. Dismiss the Defendant's Emergency Petition for Special Relief; and B. Hold the Defendant in contempt of the Court Order of January 23, 2007; and C. Modify the Court Order to require the Defendant's visitation to be supervised until such time as the Court is satisfied that the Defendant can adequately comply with the restrictions set forth in the Court Order and until such time as Defendant has completed a parent training course or its equivalent and certified the same to this Court; and D. Award counsel fees to the Plaintiff, and E. Grant such further relief as the Court deems appropriate. Respectfully submitted, PURCELL, KRUG & HALLER Harrisburg, PA 17102 (717) 234-4178 4 1719 North Front Street It I VERIFICATION I verify that the statements made in the foregoing Response to Emergency Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. § 4904 relating to unsworn falsification to authorities. Dated: Cameron Stever CERTIFICATE OF SERVICE I, Carol A. Masich, Legal Assistant to John W. Purcell, Jr., Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendant by forwarding said copy to her attorney at the following address, by first class U.S. Mail and via fax on April 17, 2007: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney for the Defendant Via Fax 241-6878 Carol A. Masich, Legal Assistant to JOHN W. PURCELL, JR. I.D. NO. 29955 CAMERON STEVER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-7120 CIVIL HEATHER MIDDLETON, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 16th day of April, 2007, upon consideration of the Emergency Petition for Special Relief, 1. A Rule is issued upon the Plaintiff to show cause why the relief requested by the Defendant should not be granted. 2. Plaintiff will file an Answer no later than noon on Wednesday, April 18, 2007; 3. A hearing in this matter will be held on Thursday, the 1 gth day of April, 2007, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, John Purcell, Jr., Esquire Attorney for Plaintiff Karl Rominger, Esquire Attorney for Defendant bas Jrre- Q kd,-Ax, 4?jw) cr-7 ?As ut?t\s N \/ M. L. Ebert, Jr., J. v It 11 .Y4 P 03 CAMERON STEVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V 06-7120 CIVIL TERM HEATHER MIDDLETON, CUSTODY Defendant IN RE: PETITIONS FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 19th day of April, 2007, this being the time and place set for a hearing on each party's Emergency Petition for Special Relief, and counsel now having advised the Court that each party has requested that their Emergency Petition for Special Relief be withdrawn, IT IS HEREBY ORDERED AND DIRECTED that the Emergency Petition for Special Relief filed by each party is deemed withdrawn. The Court Administrator is directed to refer this matter for conciliation and set a date for a conciliation hearing as soon as possible. M. L John W. Purcell, Jr., Esquire For the Plaintiff Karl E. Rominger, Esquire For the Defendant Court Administrator's office .mtf By the Court, VINVAIASNNU kNno,, t fir. ?Hamm' C I sC Wd 61 SdV LOOZ AdVIONU IWd 4HI ?O 30RJ40-fl t 4, CAMERON STEVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-7120 CIVIL ACTION LAW HEATHER MIDDLETON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 20, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 22, 2007 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Dawn S. Sunday, Esg__ 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 infornlation 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 4z r" "?62 cQ-?-e-h LE :21 d ?Z M LOCI A3 3 Chi st:JrJ G r3 3u Jo MN 0 4 W7 #t CAMERON STEVER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 06-7120 CIVIL ACTION LAW HEATHER MIDDLETON Defendant IN CUSTODY ORDER OF COURT AND NOW, this 0 day of , 2007, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. A hearing is cheduling in Courtroom number,,S in the Cumberland County Courthouse on the ? day of , 2007, at which time testimony will be taken. For purposes of the hearing, the Mother, Heat er Middleton, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing and a summary of the anticipated witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated January 23, 2007, shall continue in effect as modified by this Order. 3. Neither party shall transport the Children without a valid current driver's license. Both parties shall ensure that the Children are transported at all times in child restraints as required by Pennsylvania law. 4. The party receiving custody shall be responsible to arrange transportation for the Children by an adult with a valid current driver's license. M. L. Ebert, Jr. cc:,,;& W. Purcell, Jr., Esquire - Counsel for Father ,,,Leslie Tomeo, Esquire - Counsel for Mother ,% BY THE COURT, N 1`1 wNN3d Ano z 1 :01 WV I I IN CDOZ CAMERON STEVER Plaintiff VS. HEATHER MIDDLETON Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-7120 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Francis Seyquan Stever Meiyauna Renae Stever DATE OF BIRTH February 10, 2003 June 6, 2004 CURRENTLY IN CUSTODY OF Father Father 2. A custody conciliation conference was held on May 22, 2007 with the following individuals in attendance: the Father, Cameron Stever, with his counsel, John W. Purcell, Jr., Esquire, and the Mother, Heather Middleton, with her counsel, Leslie Tomeo, Esquire. 3. This Court previously entered an Order in this matter on January 23, 2007, under which the Father has primary physical custody of the Children and the Mother has partial custody on three days per week from 10:00 a.m. until 3:00 p.m. 4. The Father filed an Emergency Petition in early March 2007 requesting that the Children be returned pursuant to the terms of the current Court Order. A hearing was scheduled on the Father's Petition and the Children were returned to the Father's custody prior to the hearing. The Mother filed this Petition for Emergency Relief alleging concerns about the arrest of the Father's half sibling on drug related charges. The Father filed a Cross Petition for Special Relief alleging continued violations by the Mother of the January 23, 2007 Order. Attempts at conciliation were fruitless as the parties are presently either unable or unwilling to discuss the issues civilly and without continual interruption. Accordingly, it will be necessary to schedule a hearing to resolve each party's request for modification of the custody arrangements. 5. The Mother's position on custody is as follows: Although the Mother's Petition for Emergency Relief is based on allegations of drug charges against a member of the Father's extended family who does not reside in the Father's household, the Mother's concern at the conference focused on her desire for expanded time with the Children. The Mother stated that she believes it is unfair for the Father to have the Children most of the time and that custody should be shared on an equal basis. The Mother stated that she is unable to reach the Children by telephone and the Father refuses to communicate with her, resulting in her lack of contact for the past several weeks. The Mother stated that there is no reason that she should not have custody of the Children overnight and for the same amount of time as the Father. 6. The Father's position on custody is as follows: The Father believes that the Mother continues to violate the terms of the January 23, 2007 Order in that she returns the Children late, continues to smoke in the Children's presence, permits contact between the Children and their maternal grandfather and transports the Children without a driver's license or child restraint. The Father denied preventing contact between the Mother and the Children and stated that the Mother has not come to get the Children as provided in the current Order. The Father requested that the Mother's periods of custody be reduced as the current schedule is not convenient for him. 7. It should be noted that one of the complicating factors in this matter is that neither the Father nor the Mother currently has a valid driver's license. While the prior Order (entered by agreement after conciliation) required the Mother to provide most of the transportation until such time as the Father obtains his license, it was not disclosed at that time that the Mother had never obtained a license and had been placed on probation for driving without taking the driver's test and obtaining a license. The Father resides in Harrisburg and the Mother resides in Carlisle. In addition to scheduling a hearing in this matter, the conciliator recommends a modification to the prior Order placing equal responsibility on each party to make arrangements for third parties to provide the transportation when that parent is obtaining custody. Although the Father removed himself from the conference room prior to the conclusion of the conciliation, the Father's counsel noted his assumed objection to sharing responsibility for transportation. It is expected that the hearing will require up to one-half day. It is also requested that the hearing be expedited in light of the serious transportation problem and the nature of the existing Order requiring six exchanges of custody per week. G4jC1-ter ?300 -7 (Oc,? "e, Date T Dawn S. Sunday, Esquire Custody Conciliator CAMERON STEVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYVANIA V. 06-7120 - CIVIL ACTION LAW HEATHER MIDDLETON, IN CUSTODY Defendant Judge M. L. Ebert, Jr. MOTION FOR CONTINUANCE AND NOW, comes Heather Middleton, by and through her counsel, Karl E. Rominger, Esquire, and in support of this Motion avers as follows: 1. The above-captioned case is listed for a custody trial on August 22, 2007, at 9:30 a.m. (Attached as Exhibit "A"). 2. Judge M. L. Ebert, Jr.'s chambers contacted Attorney Leslie Tomeo to schedule the custody hearing as Attorney Tomeo covered the conciliation for Karl E. Rominger, Esquire the attorney of record. 3. Counsel for the Defendant is unavailable to attend the custody hearing as he is already scheduled for a custody hearing in front of Judge Oler. 4. This case has not been previously continued. 5. Counsel for the Plaintiff was contacted by way of John W. Purcell, Jr. and he concurs with this continuance request. WHEREFORE, the Defendant respectfully requests that the above-captioned case be Continued. Date: July 25, 2007 Respectfully submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant CAMERON STEVER, Plaintiff V. HEATHER MIDDLETON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVANIA 06-7120 - CIVIL ACTION LAW IN CUSTODY Judge M. L. Ebert, Jr. CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Motion For Continuance upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John W. Purcell, Jr., Esquire 1719 North Front Street Harrisburg, Pennsylvania 17101 Respectfully submitted, Rominger & Associates Date: July 25, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant CAMERON STEVER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANLA vs. 06-7120 CIVIL ACTION LAW HEATHER MIDDLETON Defendant IN CUSTODY ORDER OF COURT ND NOW, this I-?h day of , 2007, upon A fn 11 consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. hearing i cheduh g in Courtroom number -.5 in the Cumberland County Courthouse on the C&h?d day of , 2007, at which time testimony will be taken. For purposes of the hearing, the Mother, Heat r Middleton, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing and a summary of the anticipated witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated January 23, 2007, shall continue in effect as modified by this Order. 3. Neither party shall transport the Children without a valid current driver's license. Both parties shall ensure that the Children are transported at all times in child restraints as required by Pennsylvania law. 4. The party receiving custody shall be responsible to arrange transportation for the Children by an adult with a valid current driver's license. BY THE COURT, A M. L. Eb rt, J . 'J. cc: John W. Purcell, Jr., Esquire - Counsel for Father Leslie Tomeo, Esquire - Counsel for Mother EX kL b j ?- ?k ? I ( CAMERON STEVER Plaintiff vs. HEATHER MIDDLETON Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-7120 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Francis Seyquan Stever February 10, 2003 Father Meiyauna Renae Stever June 6, 2004 Father 2. A custody conciliation conference was held on May 22, 2007 with the following individuals in attendance: the Father, Cameron Stever, with his counsel, John W. Purcell, Jr., Esquire, and the Mother, Heather Middleton, with her counsel, Leslie Tomeo, Esquire. 3. This Court previously entered an Order in this matter on January 23, 2007, under which the Father has primary physical custody of the Children and the Mother has partial custody on three days per week from 10:00 a.m. until 3:00 p.m. 4. The Father filed an Emergency Petition in early March 2007 requesting that the Children be returned pursuant to the terms of the current Court Order. A hearing was scheduled on the Father's Petition and the Children were returned to the Father's custody prior to the hearing. The Mother filed this Petition for Emergency Relief alleging concerns about the arrest of the Father's half sibling on drug related charges. The Father filed a Cross Petition for Special Relief alleging continued violations by the Mother of the January 23, 2007 Order. Attempts at conciliation were fruitless as the parties are presently either unable or unwilling to discuss the issues civilly and without continual interruption. Accordingly, it will be necessary to schedule a hearing to resolve each party's request for modification of the custody arrangements. 5. The Mother's position on custody is as follows: Although the Mother's Petition for Emergency Relief is based on allegations of drug charges against a member of the Father's extended family who does not reside in the Father's household, the Mother's concern at the conference focused on her desire for expanded time with the Children. The Mother stated that she believes it is unfair for the Father to have the Children most of the time and that custody should be shared on an equal basis. The Mother stated that she is unable to reach the Children by telephone and the Father refuses to communicate with her, resulting in her lack of contact for the past several weeks. The Mother stated that there is no reason that she should not have custody of the Children overnight and for the same amount of time as the Father. 6. The Father's position on custody is as follows: The Father believes that the Mother continues to violate the terms of the January 23, 2007 Order in that she returns the Children late, continues to smoke in the Children's presence, permits contact between the Children and their maternal grandfather and transports the Children without a driver's license or child restraint. The Father denied preventing contact between the Mother and the Children and stated that the Mother has not come to get the Children as provided in the current Order. The Father requested that the Mother's periods of custody be reduced as the current schedule is not convenient for him. 7. It should be noted that one of the complicating factors in this matter is that neither the Father nor the Mother currently has a valid driver's license. While the prior Order (entered by agreement after conciliation) required the Mother to provide most of the transportation until such time as the Father obtains his license, it was not disclosed at that time that the Mother had never obtained a license and had been placed on probation for driving without taking the driver's test and obtaining a license. The Father resides in Harrisburg and the Mother resides in Carlisle. In addition to scheduling a hearing in this matter, the conciliator recommends a modification to the prior Order placing equal responsibility on each party to make arrangements for third parties to provide the transportation when that parent is obtaining custody. Although the Father removed himself from the conference room prior to the conclusion of the conciliation, the Father's counsel noted his assumed objection to sharing responsibility for transportation. It is expected that the hearing will require up to one-half day. It is also requested that the hearing be expedited in light of the serious transportation problem and the nature of the existing Order requiring six exchanges of custody per week. Date Dawn S. Sunday, Esquire Custody Conciliator ? ?? `.?.a ? 7 '? ? ? R'+ f iJ _ ,. ....e i..? 4 , "C JUL 882007 CAMERON STEVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYVANIA V. 06-7120 - CIVIL ACTION LAW HEATHER MIDDLETON, IN CUSTODY Defendant Judge M. L. Ebert, Jr. ORDER OF COURT AND NOW, this oj day of , 2007, the Defendant's Motion For Continuance is hereby GRANTED. The custody hearing is re-scheduled to the 1 ')'day of 2007, at P 2D o'clock P.M., in Courtroom No. S at the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court: Distribution: Ia'xl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 ohn W. Purcell, Jr., Esquire 1719 North Front Street Harrisburg, Pennsylvania 17101 L.Z CAMERON STEVER, Plaintiff V HEATHER MIDDLETON, Defendant IN RE: CUSTODY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-7120 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 18th day of September, 2007, after hearing in the above-captioned matter, and the plaintiff not appearing at the hearing as required, and plaintiff's counsel indicating that they have had no contact with their client, IT IS HEREBY ORDERED AND DIRECTED that primary custody of the children in this case are granted to the mother until further Order of Court. The Court hereby directs that any authorized law enforcement agency within the Commonwealth shall assist the mother in obtaining custody of these children. By the Court, /ohn W. Purcell, Jr., Esquire For the Plaintiff /arl E. Roming_er, Esquire For the DE :mtf V 14\A_ "A M. L. Ebert, Jr., ???f VIN'Vi1U?SNN3d Ai ynto 90:C Wd 61 43S LoOZ AdVIONOHIOW 3H134 30H40-Q31L1