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Home My WebLink About00-01247 TROY L. MOWERY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs CIVIL ACTION - LAW 1/; oCc-v-o -( ~ T7 : NUMBER: CIVIL TERM TEENA J. MOWERY, IN DIVORCE / CUSTODY Defendant ORDER OF COURT AND NOW, :3 \~ \ . .2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before . 411'\ ~\\ S\ ~~~he Conciliator, at 3C1 W. MO\(\0,~ \-tdrm\(Sf{1n the dCr, day of ~ ~ , 2000, at 2>' .C)() ~.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 defme 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. For the Court, By: ~\\)(\~,~U~ Custody Conciliator~ '\ YOU SHOULD TAKE TmS 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 I;'. ~. ~<_ _~;;;;;;:;;;;:;....J;JiI!IliiIIIiIW.bliiii~ -,-. ~git",d;Jf,,j,,-,,>1l,1M,,,,!jL';;'""tful',<('1''''~;" ---<,,-.-~--.(,- ,"- ,- '~"~!!i1lildtlill- """01' ,,,.,,", -, I--~--"'-'.- c' .,JflfR-9FFlcE 0, . "., rf,T!-fuNOTAFlY 00 MAR 13 PH 3: 42 CUMBERi.PND CnWTY PENNSYLVANIA :J-/';.tJO 6d.~ ~ ~4~ 3./3,?JtJ '7l~~ '2~. . 3/3'00 ~ ~ ?i5 4 ~~ - ~ , ~ TROY L. MOWERY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: CIVIL TERM TEENA J. MOWERY, IN DIVORCE / CUSTODY Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the plaintiff You may lose money or property or other rights important to you including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cnmberland County Courthouse, One South Hanover Street, 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 2 LmERTY AVENUE CARLISLE PA 17013 (717) 249 - 3166 Sally J. W der, Esquire Attorney for Plaintiff, TROY L. MOWERY 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 '-If -," TROY L. MOWERY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: dArvtl- /.2 '17 CIVIL TERM TEENA J. MOWERY, IN DIVORCE / CUSTODY Defendant COMPLAINT IN DIVORCE COMES NOW, the Plaintiff, TROY L. MOWERY, by and through his counsel, Sally J. Winder, Esquire, and represents as follows: COUNT I - DIVORCE L Plaintiff is TROY L. MOWERY, who currently resides at, and whose mailing address is, 297 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, since January 03, 2000. 2. Defendant is TEENA J. MOWERY, who currently resides at, and whose mailing address is, residing at 504 Roxbury Ridge Apartments, Shippensburg, Franklin County, Pennsylvania, 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. ,~ " , 4. The Plaintiff and Defendant were married on December 18, 1993 at Mainsville, Franklin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff avers that he has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is available at the Domestic Relations Office upon request By the filing of this Complaint, the Plaintiff acknowledges having been advised by his attorney of record of the availability of counseling sessions and of a list of qualified professionals. Plaintiff further avers that he has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs of this proceeding. 8, Plaintiff requests the Court to enter a decree of divorce. COUNT II - CUSTODY The averments of Paragraphs 1 through 8, inclusive, of Plaintiff's Complaint, are incorporated herein by reference thereto. , ,-.-. __'<-c_. ',~~ .&-- ;,,,:.:~,,,,:,\_,,,,,,,",,_ _,; 0,> "'1" ",-"t ":,y<?, <':"'_' ,-.. ,r ",'_c."-. ~,~___ P. -,"'F.~' _ ^.. -~-, .U '1 ." " r,_ " 9. Plaintiff, TROY L. MOWERY, and Defendant, TEENA J. MOWERY, are the natural parents of two minor children, ASHLEY N. MOWERY, born October 21, 1994; and KARA E. MOWERY, born September 16,1996, 10, 3, Plaintiff, Father, seeks primary physical Custody of the two minor children, ASHLEY N. MOWERY, born October 21, 1994; and KARA E. MOWERY, born September 16, 1996, The children are presently in the custody of the Plaintiff, Father, TROY L. MOWERY, residing at 297 Springfield Road, Shippensburg, Cumberland County, Pennsylvania. 1 L The children were not born out of wedlock 12, The children presently reside with Father, and paternal grandparents at 297 Springfield Road, Shippensburg, Pennsylvania, since January 03, 2000. During the past five years, the children have lived with both parents at 51 Lenwood Park, Shippensburg, Pennsylvania since their dates of birth, The children continued to reside at 51 Lenwood Park, Shippensburg, Pennsylvania, with Father after Mother left the residence and moved out approximately April 09, 1999, The Father and children moved to 297 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, January 03,2000. 13. The mother of the children is TEENA J. MOWERY, presently residing at 504 Roxbury Ridge Apartments, Shippensburg, Pennsylvania, She resides there with a friend, Sheila Moore, since approximately December 01, 1999. 14. The best interest and permanent welfare of the children will be served by awarding primary residential Custody of the minor children to Father, because he has been the primary custodian and provider of all needs for the children since Mother and Father separated in April ,,-- <'<0"_".'- ,'~ 'C'. "_"'" ",,".,"., "'<<_"~,~"-,t ., 7"_~_,:,,;,o_,_,,_ "," ,,,.,,,.- _" .",,'~_~~_","__' _L_ " ~"_,_= 'PM, ~~_c", 1999. Mother has shown little interest in the nurturing and care of the children since that time, as evidenced by her sporadic contact with the children. Father believes and therefore alleges that Mother is an alcoholic and that because of her alcoholic behavior, is incapable of properly caring for the children and providing a safe and healthy environment for them, i; I' i,1 f', t,; I 15, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. i- t: ~ ' ! 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant primary physical Custody ofthe children to Father, subject to limited visitation in Mother, provided that she is not consuming alcohol and that she does not appear to visit with the children under the influence of alcohol. Respectfully submitted, Dti,~ tmowdtv,oorn diskette~d" Sally J. nder, Esquire Attorney or Plaintiff, TROY L. MOWERY 701 East King Street Shippensburg PAl 17257 (717) 532 - 9476 -.,,"- '<~"-' " "?:::.,-,-;, . -, ,.'"",., ""~, ~'l' T _' ,~-,~>, ,_ ',_ "-_''i';';';~" ,,-,_"R~,,~:"': ," , -"'-'-~--"'-"'-'-" >>" .~ ~ ~ - .~ VERIFICATION I verifY that the statements made in this complaint are true and correct to the best of my personal knowledge and belief 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: 3/-2 J /J{J , , TRo~-Zo~C7 " I:, I' 1.1 II Ii 1"1 1.1 ii !,I II !:i '. I:! 1'\ Ii 1'1 I" !'I Ii , , I ,: , , !.. i'i i:'~ " i'l Ii i-I 1,:'1 !I !': i" , !': " ,. I' II.. I. i !i :1 " " !, ~ ,.I Ii I ;'j I"j ,-,j l! - " - -, ~ '(,,_ ',;-""':;-01~~"''' ,7"~C~"'_ ,0';'''',' ,~, ,._,~e ,-, _, 'p"P"",rr_"--,""'_~"__ - ~- ,-'--" - ","" " --<; >~, ,,'- ~ <-- ~, ... ,- ,- ~- >- co: ~T: ~~~~ (~)(=:' O(..:-~ LUC:' ~._J ll_ h~,,! r-L.~ ~ 'j o 0:) '" i'= :;,': :,:) -- ~jf~ ;~1~ ;~J-~ ;h2 r._()LU :~oC 0-. 5 u 9 ::::: "'-= '.D j c-:::: ~:, ~- CJ c:> , ""''''1'TI,"~~1"''''~ ~,--o" ","~~ ' ~ \~~ ~ ....... ,'''''-;:'''~'_''''~''7 ~ J .A ~ "" 1"0 ~ ~ .r= ~} .\X:) C~ ~~ I>J ,__.1_'"',,"'" ,.~"~ . -"_'_J,,-'_ - ~ '1:; r--< ~ ~ .~~J.PNOHJ.^"" ' , ~., .'.{.., ""ad ...."..... ~ dEl1v~' . -....... ~ .''';f'!~'' '..,J .!:-~N 13~ JlI .,.....,,,.. ,,~........ V1d ......r.'.... . . \. SALLY J. WINDER Attorney at L 701 E' OW Sh' . Kmg Street Ippensburg, PA 17257 rrlllA __ _~_._ __' - 07 2IJtJo1i! ~'""""'.,,..''''''~__'''''~,,,...,:,.,..,...,,,,..-....,,;"'~ =-, ml~~"'" .1"".......-.-,-, ~"~-r"..r"- ,I .,/ .. , . " ./ TROY L. MOWERY, : IN THE COURT OF COMMON PLEAS OF plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. : NO. 00-1247 CIVIL TERM : TEENA J. MOWERY, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND ~, this W consideration of the attached and directed as follows: day of Custody , 2000, upon it is ordered 1. The Father, Troy L. Mowery, and the Mother, Teena J. Mowery, shall have shared legal custody of Ashley N. Mowery, born October 21, 1994, and Kara E. Mowery, born September 16, 1996. 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. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children as arranged by mutual agreement of the parties. Unless otherwise agreed between the parties, the Mother's periods of overnight custody shall take place at the maternal grandmother's residence in Shippensburg. 4. The parties shall share or alternate having custody of the Children on holidays, with the specific times and dates to be arranged by agreement of the parties. 5. 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)pl:JRT, ~~ 11K3 co: Sally J. Winder, Esquire - Counsel for Father Teena J. Mowery, Mother .1 l I ;11 II 11 l ,I.: , q ,~ i , I ;'1 if :w , LLJ C.) --;- '-', '~." ,_...1" _. <U::. , u. , . c5 co -- s,:- 3~~ C,,~ '}~? :-~~ -' -~~ L) C'd C) C:J v_' """"'~.,...'!'."""""""'- _IU , '0 '" - -f-_.M~l'ffi''''W''''!'~'~''IJIl1~~~~I~~OOr"''''''' ~_1II.1 " . .. , . TROY L. MOWERY, : IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1247 CIVIL TERM : TEENA J. MOiIERY, : CIVIL ACTION - LAW Defendant . IN CUSTODY . CUSTODY ~IATI<D SUMMARY REPCRl' IN ACXXXIDANCE WITH CUMBERLAND OOUNTY 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 ClJRRI;NrLy IN CUSl'ODY OF Ashley N. Mowery Kara E. Mowery october 21, 1994 September 16, 1996 Father Father 2. A Conciliation conference was held on April 26, 2000, with the following individuals in attendance: The Father, Troy L. Mowery, with his counsel, Sally J. Winder, Esquire, and the Mother, Teena J. Mowery, who was not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. /Ir:J ,;2 ~ ~() Date (a.~e"1 Dawn S. Sunday, Esquire { Custody Conciliator ,'~ , , " ~ ' \ ' ~u j I :i i i :l 'i 'J il I :1 I ! :1 I; I i ,~ '" :1: " 'i '"~I I ; i 1 'I i II r.-, T LIDfr L, ~~ pttLiYth[l In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No, dOIJ7J - /;).tf 7 Civil. il ~ 10~ J. ~ ~ ~h Divorce-- prcXlC'i r- '{; ~ frtJ~hvr*-: PLM ~'I< /t.L ~~ }JIVoYCLi; t1~/rL - ~fn;(y1PJ. JIJ1J1J1i/ te-I/l5'l-ztj,ed. - . //1 ~ To Prothonotary Ihao 11 ;-orm ~r~y~!!:!m~ . - ,_ , . I -,--- . - .'-j ~b-_;- .V -'j." <"''--'''lI'IT.WrJil '--r'-[1M-if[~I\~'li:5 _-'f~ ";" No, Term, 19 _ VS, PRAECIPE Filed 19 Ally, ~. ~~" . ~ ~~~Jm'fffl!ItII_,~_"",,~ 1I!lI1~~!'1n~~!'III'1r-~~