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HomeMy WebLinkAbout00-01821 JUN 1 , '"~ JOHN B. OWEN, JR. and MARGARET W. OWEN, Plaintiffs : IN THE CXJURT OF CXJMMON PLEAS OF : CUMBERLAND CXJUNTY, PENNSYLVANIA : vs. : NO. 00-1821 CIVIL TERM : : CIVIL ACTION - LAW TONY Q. OWEN and LISA A. O'BRIEN, Defendants : : IN CUSTODY ORDER OF COORT AND Nai, this 30th day of May, 2000, the Conciliator, being advised by counsel for the parties that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for today, May 30, 2000 is canceled. FOR THE CXJURT, ~<.~ Dawn S. Sunday, Esquire Custody Conciliator H" ,_" , ,~-, -~ -~- ~"""-<}' () 0 ~~ c: (::J ". ~ L "'00:: (- n1iTi ;ie ~, :z: ::D g...: ,- ~~ '::rfj-' .r.- ,~C} [<0 -0 ,~~~~ '1> C-"', ::cl: 2::("') )> . Y2 Ofr: c: ~ L ,:::> ':> ~ ::D -< .".J -< I 1.11 -~, ...l'1IiIDI!!f ~._'~~IWf~~~I!im~_ JOHN B. OWEN, JR. and MARGARET W. OWEN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. trv - IJ'..2/ CIVIL TERM TONY Q. OWEN and LISA A. O'BRIEN, Defendants : IN CUSTODY QRDER OF COURT AND NOW, this ;)"'J day of \-Accc'" , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before t::bwn, S .s'l)r'\cP.:'-! ,6r{:he conciliator, at 09 "-J ,~""\(f\€\-:S*,\ t\cc~':)i.c.s~:J ' Cll1li~16,..cumberland County, Pennsylvania, on the \ '& day of tAl:A.,\ ,2000, at \ \ '. 00 o'clock~.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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: l"I~\ 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. By: Custody Conciliator CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CARLISLE, P A 17013 (717) 240-3166 -=~ -- = ,-. "---. ,~ ,.- n~~_N.,.~ ,~ rU!m__i~il!.il!M.uti~Ii'I~irl!"*~~'>lli!lrlMHm,!{lil~~;!"!O"""i>."'d"'~liOOJlt". -,=""'I:"r~' ,- '-'-' d4.~~' : LhillI!'.....,,~~' ;"iIJ. ~ i'H F:}-()fl'iCE ,.r . "_---i>~.,()'T\-~n~,ir.)Tt-I~Y ;,)1' " ; , ,_ . , -~"'~ ,\f OOMrpnl PVll:55 . E nH,,;~) I ... CUM6ERLlND COUNTY PENNSYLVANIA 3J/~M~~~4~ .3-JI-t.??J 7t~ ~ ~'4~ -,;~~ 3-31-0iJ ~ ~ ~ ~~ JOHN B. OWEN, JR. and MARGARET W. OWEN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. ()-() - J P02/ CIVIL TERM TONY Q. OWEN and LISA A, O'BRIEN, Defendants : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiffs are John B. Owen, Jr., and Margaret W. Owen, adult individuals currently residing at 833 North College Street, Carlisle, Cumberland County, Pennsylvania, 2. Defendant, Tony Q. Owen, is an adult individual currently residing at 86 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, Lisa A. O'Brien, is an adult individual currently residing on Hill Street, Carlisle, Cumberland County, Pennsylvania. 4. The Plaintiffs are the natural paternal grandparents of the child, April Marie Owen, born November 6, 1982. The child was not born out of wedlock. The natural mother of the child is Lisa A. O'Brien who resides as aforesaid. She is married and resides with her husband, Timothy O'Brien, and her children, Katie O'Brien and Kyle O'Brien. The natural father of the child is Tony Q. Owen who resides as aforesaid. He is single. 5. The relationship of the Defendant, Lisa A. O'Brien, to the child is that of natural mother. -""'''''''''''''~"' ~" ~" , _~-"~>I , ~." ,_7 6. The relationship of the Defendant, Tony Q. Owen, to the child is that of natural father. 7. Plaintiffs have not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child although the Defendants have been involved in prior proceedings and are subject to an Order of Court, which is dated July 2, 1998, which is attached hereto and incorporated herein by reference as Exhibit HA." 8. Following the entry of the aforementioned Order the child returned to the primary physical custody of Defendant O'Brien in late August 1999. 9, On or about, January 31, 2000, following a physical altercation where the child is believed to have been abused by Defendant O'Brien, the child came to reside with Plaintiffs. 10. Since that time that the child has continued to reside with the Plaintiffs at the above referenced address with the consent of both Defendants. II. The CoUrt of Common Pleas of Cumberland County continues to have jurisdiction over the issue of custody of the child. 12. Plaintiffs have been in loco parentis with the child relative to the current period of physical custody, but have also cared for the child for periods of time in the past. 13. The child who will be 18 years old in less than seven and one-half (7\12) months, desires to remain in the primary physical custody of Plaintiffs. ",- . 'v,. ,~, 14. Defendant Owen agrees with the decision of the child to remain in the Plaintiffs' primary physical care, because of Defendant O'Brien abuse of the child and to allow the child to complete the current school year at her present school and while living in a safe home. This is evidenced by the document Defendant Owen executed, which was notarized on March 16,2000, and is attached hereto and incorporated herein as Exhibit "B." 15. Defendant O'Brien previously agreed with the arrangements for the child to remain in the Plaintiffs' primary physical care, but upon the request of the Plaintiffs for Defendant O'Brien to maintain the child on her health insurance coverage, Defendant O'Brien changed her position and now wants the child returned. 16. Defendant O'Brien's change in her position was also brought about by the filing of a Petition to Terminate the support being paid by Defendant Owen to Defendant O'Brien for the child. 17. The child has clearly indicated that in the past she has been physically, verbally, and emotionally abused by Defendant O'Brien and will not reside with Defendant O'Brien. 18. Plaintiffs have contacted Cumberland County Child and Youth Services who indicated that at this time they will not become involved in this matter because the child is appropriately cared for and has an appropriate home with Plaintiffs. '~-'T ~-~, 19. Cumberland County Child and Youth Services further indicated, however, that if the child is in any way forced to return to the alleged abuser, Defendant O'Brien, they will become involved. 20. As the child will be 18 years old in seven and one-half (7V2) months and is in a stable, loving environment in the care of her paternal grandparents, it is in the best interest and permanent welfare of the child to remain in their care. 21. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiffs requests your Honorable Court to schedule a Custody Conciliation Conference followed by a hearing at which time they should be granted primary physical custody of the child. . Gri Ie, Esquire ey for l} aintiffs FFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 -,%; ~~- ",", -- .~ ..." . ~~.,'-' VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 31z~ b tltJP I I VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE:~I?_~/ oIt1t1t1 !~ 2. !t/ a ./ 'Cdt v. '4r/ M ~ W. OWEN, Plaintiff ~-'" c ]jj. , ," ~~~ ",. _.._-~~..- \ ,/i..,, /' 'J TONY Q, OWEN, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ 98.3'7Df CIVIL ~ USAB. OWEN, now known as USAA. O'BRIEN , Defendant : CIVIL ACTION - CUSTODY ORDER OF COURT .AND NOW~tbis ~l day of f~7i998, upon presentation and consideration of the within Custody Stipulation and Agreement. it is hereby ordered and directed that our prior Order entered in tbis matter in the Protection from Abuse Action docketed to Number 2552, Civil 1994, which Order is attached hereto and incorporated herein by reference as Exhibit "A", is hereby vacated and the parties' Custody Stipulation and Agreement contained herein is hereby affirmed in its entirety as an Order of Court. BY THE COURT, i<j I (, \,,1-, ()J.y ~, , r.i7 , EXHIBIT "A" TRUE' COPY FROM RECORD' In Testimony whereof. I here unto set my hand, " and the se I of saidCou at Carlisle. Pa. Thi day . 19 , . r ~!~~"',~_. ,. _ ~ . _~_ , ,~ , --"'" TONY Q. OWEN, Plaintiff : IN THE COURT OF COMM:ON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : 98- CIVIL TERM USAB. OWEN, now known as USAA O'BRIEN, Defendant : CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND AGREEMENT TEIS STIPULATION AND AGREEMENT entered intO' the day 'and year hereinafter written by and between USA B. OWEN, now known as USA A O'BRIEN, (hereinafter referred to' as "Mother") and TONY Q. OWEN, (hereinafter referred to- as "Father"). WHEREAS, the parties are the natural parents of one cbiId, namely, APRIL MAlliE OWEN, born NO'vember 6, 1982 (hereinafter referred to' as "child"); and WHEREAS, the parties are divO'rced and living separate and apart; and WHEREAS, the parties wish to' enter into an agreement estab""hing arrangements relative to custO'dy, tempO'rary custO'dy, and visitation O'fthe child; and NOW, THEREFORE, in consideratiO'n O'f the mutual covenants, prO'mises and agreements as hereinafter set forth, the parties stipulate and agree as fonows: 1. The parties shall have shared O'r jO'int legal custO'dy O'f the child. 2. Father shall have primary physical custody of the child. - ." ~ .- -. . .' '. 3. Mother shall have periods of temporary or partial physical custody with the child on a reasonable and hoeral basis with consideration given to the child's desires with respect to having such contact with Mother. 4. The parties will keep each other advised immediately relative to any emergencies concerning the child and sha1l 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 or she desires consistent with the proper medical care of the child. s. Neither parent sha1l do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party~ or which may hamper the free and natural development of the child's love or affection for the other party. 6. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing,. and only if executed with the same formality as this Stipulation and Agreement. 7. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland' County has jurisdiction of the issue of custody of the parties' minor child, who has resided for her entire life in Cumberland County, Pennsylvania. The Court of Common Pleas of Cumberland County shall retain such jurisdiction should circumstances change and either party desire or require modification of the Order resulting from this Agreement The parties desire that the prior Order in this matter entered on January 14, 1985 in the Protection from Abuse Action - ~~.-~ - - ~ f- .' " .'. " . . . docketed in the Court of Common Pleas, Cumberland County, to Number 2552. Civil 1984, is vacated in its entirety. 13. The parties agree that in making this Agreement, there has been no fraud, concea1ment, overreaching, coercion, or other unfair dealing on the part oithe other patty. 14. The parties acknowledge that they have read and understand the provisiOIlS of this Agreement Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF. the parties hereto intending to be legally bound by the terms hereot: set forth their hands and seals the day and year hereinafter mentioned. . WITNESSETH: ftI Jid'fJ'- ~o/I'(lvk l~ (do~ Date SAB. OWEN now known as Lisa A. O'Brien. ft/''fjaa ,~ ~ TONY.O ',--^-,~ , , '^ , - ~ r"~ '-.' . .,m~ ,~"""IF .' . . . COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this the 18th day of June, 1998, before me, the undersigned officer, personally appeared LISA A. O'BRIEN, known to me or satisfactorily proven to be the person whose name is subscribed to the within Agreement and acknowledge that she executed the same for the purposes therein containecL IN WITNESS WHEREOF, r hereunto set my hand and officiaf sear. NOTARIAL"SEAl KRlSTENANN CUPPfNGER, NoI9IY ' Carlisle Boro, Cumb4_ eo_ ItA Commission 'm Nov. 1S 2000 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On this the /9d- day of r . 1998, before me, the undersigned officer, personally appeared TONY Q. OWEN, known to me or satisfactorily proven to be the person whose name is subscribed to the within Agreement and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /ja~~~~~ -".' Notarlal Seal ' " RobkI4. Goshom, Notary PuIlilc :". " ,,' ,<h!:i Ca~1aIe Boro Cumbe~an<1 Counlv . .,: ,,:' '>' . .''c.',. My Commlsslon expires Ap~117. 1999 '" >::c,"" ~, .":~'___,::7;~~ _ ". _~~__. ..,.._-~- " '. ",_.. ":'. .' ,:r~c ". ''''._ 3,~ '-" '-." - ,- ~ < .' -'. ii' . '.. '. LISA B. OWEN, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVA.l'i!A vs. CIVIL ACTION - LAW NO. 2552 CIVIL 1984 TONY Q. OWEN. Responden t : PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this I~'~ day of January, 1985, upon presentation and consideration of the Consent Agreement or the parti.es the following Order is hereby entered: 1. The Respondent, Tony Q. Owen, is ordered to stay away from the Petitioner's current home address. 338B East North Street, Carlisle, or any other residence she may establish for herself and her daughter for a period of one year from the date of the original Protective Order, September 26, 1984. The Petitioner shall have exclusive possession of her current residence or any other resi- dence she shall establish for herself and her daughter. 2. Primary physical custody of April tfarie Owen is vested in the Petitioner. The parties shall have shared legal custody. The Respondent may have partial custody accord ing to the terms set out in the attached Consent Agree- ment. 3. The portion of this Order pertaining to exclusive pos- session of the residence shall remain in effect until September 26, 1985, when the current Protective Order issued by this Court will expire. The confirmation of - , -: .. .. ._-... . custody shall remain in effect until further order of this Court. " The Carlisle Police Department will be provided with a copy of this Order by attorneys for the petitioner and may enforce this Order by arrest for indirect criminal contempt without war- rant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section. the Respondent shall not be taken to jail but shall be taken without unneccessary delay before the Court that issued the Order. When that Court is unavailable, the Respondent shall be arraigned before a District Justice who shall set bail accord- ing to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (35 P.S. sI0190). By the Court, ;.sj Aiu..~ g.~/&~ P.J. '". C;~:~~'<;:~ :.::~>~;~,f{J ... "I" .". , .... '-. , -. . '.-' '. '. " "_,:~~j, ,~~j . 2- ~~_ =--=~~ "' .~... ~,~._. ..-c~. t)l;thi.:t',"l...;j - ?.s ,; . .-.. :' CONSENT AGREEMENT COME NOW, the parties to the above-captioned action, this by of January. 1985, the Petitioner, Lisa B. Owen, repre- . sented by Legal Services, Inc., Jane MUller-Peterson, Esq.. and '. the Respondent, Tony Q. Owen, represented by his attorney. Bradley L. Griffie, Esq. and ,offer the following agreement which they request be entered as an Order of Court. L The Respondent, Tony Q. Owen, agrees for a period of one year from the date of the original Protective Order, September 26, 1984, to stay away from the Petitioner's current home address, 338B East North Street, Carlisle,. or any ocher residence she may establish for herseLf and her daughter, except to pick up and return the child, April Marie Owen, during periods of partial custody. During this period the Petitioner shall have exclusive possession of the residence at 338B East North Street, Carlisle, or any other residence she may establish for herself and her daughter. 2. Primary custody of April Marie Owen is confirmed in the Petitioner. The parties t.iU have shared legal custody. The Respondent may also have partial custody according . I ~. ',' 1, '. to the following terms: a) The Respondent may have, partial custody of April CWo evenings each week from 4:45 P.M. to 9:00 P.M. b) The Respondent may have April every other weekend from 6:00 P.M. Friday to 12:00 Noon on Sunday, unless the Petitioner is working, when the Respondent may return April at 6 :00 pc.M_ The Petitioner will inform the " . Respondent or his parents of her weekend work schedule at the time the child is picked up on Friday. c) The Respondent may have April on the following holi- days and at the following times: Easter - f1:'om I :30 P.M. to 7 :30 P.M. Mother's Day - from 2:00 P.M. to 6:00 P.M. Memorial Day - from 2:30 P.M. to 6:30 P.M. Father's Day - from 12:00 Noon to 6:30 P.M. Independence Day - this holiday is to be alternatai annually bee-ween the parties with.the..Pedtioner celebrating July 4th, 1985, with April and tqe Respondent having the child July 4th, 1986, etc. Labor Day - from 2:00 P.M. to 6:00 P.M. Thanksgiving Day - from 2:30 P.M. to 7:00 P.M. Christmas Eve and Chriscmas - this holiday will be alternated annually becween the parties with the Petitioner having the child on'Chrisemas Eve, 1985, through 9:00 A.M. Christmas Day. The Re- spondent shall have the child from 9:00 A.M. Christmas Day, 1985, to 7: 00 P.M. that evening. New Year's Day - from 2:30 P.M. to 7:QO P.M_ April's Birthday - this occas sion may be celebrat- ed at one family gathering for the child or by the parties separately (times to be agreed upon by the parties). -2- f.l ~ 1, . . d) The Respondent may have partial custody of April for two weeks during the summer, to be taken consecutive- ly or as he wishes with. one week's notice of his in- tenC to the PetiCioner. If the Respondent elects to have partial custody for two consecutive weeks and re- mains in the Carlisle area with the child the Peti- tioner shall have at least one visit with April dur- ing this time (to be arranged by the parties). As of the summer af 1986 the Respondant may expand his par- tial custody vacation with the child to three weeks_ i} All partial custo.dy arrangemencs are to. be made wich 24-hour notice in advance to. the Petitio.ner. The parcies agree to. natify each ather as soan as passi- ble in the event there are any changes in partial custody arrangements. f) The Respondent may have partial custody at any time and under any conditions to. which the parties ,mutuall) . agree. Any such change in this schedule by lIlUtual agreement is not to. be seen as a waiver o.r revocatio.n of any term or condition stated in this agreement. g) The Respondent o.r his parents may pick the child up and return her during periods of partial custody. h) A child-rescraining seat will be used by the Respond- ent and his parents at all times when the; cransport: the child during partial custody periods. i) The Respondent will conduct himself in a civil manner -3- " ,.. '. " . at all times while in the presence of the Petitioner during partial custody periods. j) Each party agrees to notify the other immediately should the child require medical care or should an emergency arise while the child is in that party's care. k) Each party realizes that their child's wellbeing is paramount to any differences the parties might have 'between themselves. Therefore. neither party shall anything which may estrange the child from the other parent or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other. 3. The parties agree that this Agreement may be entered as an Order of Court without either party being present. 4. The parties tmderstand that the portion~ of ;this Agreemen pertaining to exclusive possession of the residence is i effect Until September 26, 1985, when the original Pro- tective Order will lapse. The confirmation of custody as ordered by this Court remains in effect until further of order of this Court. IN WITNESS WHEREOF, the parties have executed this Agreemen first above-written. ~ ~(i D . OWen L~sa . ~en, ~et~tioner L, i(' ((3.", .... .;~. I; . ..I \. I :.. ~ To.ny ~. pwen, Respondent , j . -4- ",- , To Whom It May Concern My daughter, April Marie Owen, made her place of residence wiDt her paternal grandparents, John B. and Margaret W. Owen, on January 31, 2000." Tony Quinn Owen, Dterefor grant temporary custody of April Marie to said grandparents. Agreed hereto on Dtis / tf e day of4J~CI/ . 2000. . \i~~ 1i::::rrt(v )27~) U~ Mal W.Owen ~c-yu-~ Sworn and subscr:ibed to bef'ore me \\)i1liJJIlII.', "",:,';~:~~;~?~~,~ of' !larch, 2000 <':,: ,,":,: Je'.''2iJJ'.'''' '. :,'~\"~ ~ >, '.. , " .,', . , ",.\ , ,,: ,;i :Jot2#ry Public .//.:) j , .... ,~ -,'/ NoIariaI Seal " i " ,.... Palricia A. Fickett, Notary Public . . 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