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HomeMy WebLinkAbout00-04308 """'" -~~",...... _J illiIiilil.' r " \) BARRY GUY BOWERS, Plaintiff AP~ 2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-4308 CIVIL TERM REGINA RENEE SWARTZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this r9.~ day of ----=-~ ,2004, upon consideration of the attached Custody ConciliatIOn Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 29, 2000 is hereby vacated. 2. The Father, Barry Guy Bowers, and the Mother, Regina Renee Swartz, shall have shared legal custody of Gurmer Anthony Bowers, born January 22,1997 and Zachary Austin Bowers, born July 12, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affe"ting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Father shall have primary physical custody of the Children. 4. Mother shall have periods of partial physical custody as follows: A. Begitming Friday, April 30, 2004, alternating weekends, from after school to Sunday at 7:00 p.m. However, during the summer, one weekend per month, Mother's weekend shall begin on Friday at 10:00 a.m. B. Pending an investigation by Cumberland County Children & Youth Services, Mother's custody shall be supervised by her parents. In the event that the investigation is unfounded, the requirement for supervision shall cease. In the event that the investigation is founded or indicated, supervised visitation shall continue until Mother successfully completes parenting and anger management classes. C. Mother's paramour shall not discipline the Children. 5. Holidays: A. Thanksgiving shall be shared such that Father shall always have physical custody of the Children in the morning until 3:00 p.m. and Mother shall always have the Children from 3:00 p.m. on Thanksgiving to 10:00 a.m. the next day. ( .... . ~ ~ , --, '" ~'- .... B. Christmas shall be shared such that Father shall always have physical custody of the Children Christmas Eve to Christmas Day at 3:00 p.m. and Mother shall always have physical custody from Christmas Day at 3:00 p.m. to December 26 at 10:00 a.m. C. Easter shall be shared such that Father shall always have physical custody of the Children until 3:00 p.m. and Mother shall always have physical custody of the Children from 3 :00 p.m. to 9:00 p.m. D. Mother's Dav/Father's Dav: Mother shall have physical custody of the Children on Mother's Day from 9:00 a.m. to 7:00 p.m. Father shall have physical custody of the Children on Father's Day from 9:00 a.m. to 7:00 p.m. E. Other Holidavs: Father shall always have physical custody of the Children on Memorial Day. The parties shall alternate the July 4th holiday as agreed. Mother shall always have physical custody of the Children on Labor Day from Sunday at 5:30 p.m. to Monday at 5:30 p.m. F. Halloween shall be as agreed by the parties. 6. Transportation shall be shared as agreed by the parties. 7. 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. BYT cc: Marcus A. McKnight, III, Esquire, Counsel for Father Robert 1. O'Brien, Esquire, Counsel for Mother ~ /Yl"'o" :t,~ '1..L 1-"'1 ~ ~ "'i'1ii\ii!i4l~~i;M.m"'~iI1iiitib1~ili.l"!ih,.#o;~_~:""",,,."-'h~'":~''''''0'~,w;;ffl)>'ii .-tij!!R~t"t""''''''_\O~!Illii~~~~~~~'''-'- ~ <;J::l ~ ..::r ~: 8 0 -:::> ~:z C-)~ 0 :1"''': '()~ ~g <t :':I::J r- ~E:0 a: N ~.~ _,-!-2 0:: tX;:;:: ccjE "- LL'lLl < ll)[~ ..,. l.J... -"'" ~ "'" ::::> 0 <= <.) ...... -~,~ , C" ~ ~M. .,~- ~ " ill "-~~iIll\IIIM <<-' .- " .w ," . C~ ~ iI&IIaIlil 1- ~ ~ APR 2 1 2004 BARRY GUY BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2000-4308 CIVIL TERM V. REGINA RENEE SWARTZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT INACCORDANCEWITHCUMBERLANDCOUNTYRULEOFCNIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Gunner Anthony Bowers Zachary Austin Bowers January 22,1997 July 12, 1998 Father Father 2. A Conciliation Conference was held in this matter on April 20, 2004, with the following individuals in attendance: The Father, Barry Guy Bowers, with his counsel, Marcus A. McKnight, III, Esquire and Mother, Regina Renee Swartz, with her counsel, Robert 1. O'Brien, Esquire. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley dated June 29, 2000 providing for shared legal custody, Father having primary physical custody and Mother having periods of partial physical custody as agreed by the parties. 4. The parties agreed to the entry of an Order in the form as attached. L/-;}-.D-OY Date ~;lt, b cq line M. Verney, Esquire Custody Conciliator " . " , - '.'~~ ^"">~'k:--..tr.'.- .. -"",- ',''; '",",- "'"C>"'~ oC." ,,' - -~' "<r-" , ~-, ,'" ,~,;-," i" ' .'! , BARRY GUY BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : Dr> -1.../ JaY CIVIL TERM REGINA RENEE SWARTZ, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of June, 2000, upon consideration of the attached Custody Stipulation; it is hereby ordered as follows: 1. The parties shall have shared legal custody of GUNNER ANTHONY BOWERS, born January 22, 1997, age three (3), and ZACHARY AUSTIN BOWERS, born July 12, 1998, age one (I). 2. The father, BARRY GUY BOWERS, shall have primary physical custody of GUNNER ANTHONY BOWERS and ZACHARY AUSTIN BOWERS. 3. The mother, REGINA RENEE SWARTZ, shall have partial, physical custody ofthe minor children at times which the parties mutually agree is in the best interest of the children. J. ;) W~~ l;~~ Q;-.~ By the <;ourt, -'--,,-^. ~ " ~b;}'1zy, \ ~~ -7~ $0, "v 0",&,,,, '/.'/ ""'>'/i:X .; -</. '''',' ',' <Y -f67. ?{Y ", '0/:> 'V'C . 6'.. "~"!,.., "1;" c',., '0 ":-?"l}<)<,..". 1;~"2,,} t..;--'>;:~-':c:" I} /) "(,)',,,,<,:., / .~~} 0;/" '<.~- \'.~"l '(/ M'_ -..'- ". -,-- 1 l. '__.,0"__ " ,-~ -<0, " " .' '",-, _~', ,_' ,_, _'-->~, k",'~--' _'^~<'~ ,0'-, -r__ '~'." .--",.-- -,,;j--'- I I i BARRY GUY BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW f)'(). L/Jo'i CIVIL TERM REGINA RENEE SWARTZ, Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, this day of June, 2000, the parties, BARRY GUY BOWERS and REGINA RENEE SWARTZ, and hereby enter into the following Custody Stipulation regarding their minor children: L The plaintiff and natural father is BARRY GUY BOWERS, an adult individual who resides at 37 Kerrs Avenue, Carlisle, Pennsylvania 17013. 2. The defendant and natural mother is REGINA RENEE SWARTZ, an adult individual who resides at 10 Run Road, Carlisle, Pennsylvania 17013. 3. The parties shall have shared legal custody of GUNNER ANTHONY BOWERS, born January 22, 1997, age three (3), and ZACHARY AUSTIN BOWERS, born July 12, 1998, age one (1). 2 , ,_<.~- , ,^"i<--i' --'.<"" _' ,-.'.. ,- Co'"~ __, "' .__ "'"," c-' '.'",;-.,.. - /, ;.-, ~> ~I ' , -- ':'1 . 1 .. 4. The father, BARRY GUY BOWERS, shall have primary physical custody of GUNNER ANTHONY BOWERS and ZACHARY AUSTIN BOWERS. 5. The mother, REGINA RENEE SWARTZ, shall have partial, physical custody of the minor children at times which the parties mutually agree is in the best interest of the children. Intending to be legally bound, the parties enter their hands and seals the date first set forth above. WITNESSETH: l:H{afi)~ jJ =tl~ B GUY BOWERS (SEAL) ~~" "~EAL) REGlN RENEE SW AR 3 '-'0"16;)"',....---"" ',_<;,'" ~-, -~~'--'",;,~'C-'"' _/_~ ',', ""C'jJ .1 III I . ,. -~~""""-'"''',"'',,",,,,,,,"~ - -- ..'~ ,,' ~ '6r -p R rt rf: if.. ~ --D ~ 0 v ~ ' ~ rt t "-t .,., '. <-.- C1 8 I V) ~ ~ ~C' g a e, -t;~ ~j~( ~z:~.. ('/"0:;" -< ~ -'-::-- ~~' -< ( , '- 10.'0 ~ ce". :,.'~' ;'1,..)- C:.l . . ~.. . .~ """""'''' illillU,,,' . BARRY GUY BOWERS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V, 00-4308 CIVIL ACTION LAW REGINA RENEE SWARTZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 18, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M, Verney, Esq, , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 13, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: Isl Jacqueline M, Verney. Esq. Custody Conciliator mhc 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 av~ilable 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 "" i; I ~! \':i'IIJ ~l!I'iIIlllllL~.L ? .~ " 0' " ..". -,"-& . ~- FILED-Oi'F1CE 0F 'rH~ DDC'l"l~nr\1('\I'!IPV ,./ .... I i 1,1 .\...., .\.~ ,,\ , ZOOld.jAR I G Fil I: 54 C'lf~':/::',~:~;-" : t"'n! p\J'\J j!",,::"'.:::'.",l.,, ,1_,.:-,,-,j1ill r-'1~i\j:,;:~.yL:vf;N!A ]-1( 0'1 t1cI ~ ~ -i; 4 /MC~ 3 /~tW~~ ~ dtfi" 3-/~t5/!' ~~~ a4 p/~~ '. WI~--"!ffl!lll'Itimll _ vnf~'.HllIIII"" lit... l- I ,,"!~_1~~<W'~"'~~'"'1"j'!""~""',~"P'H'L""')-Ji"B"1"','Ro"-~Irn$ffijtlIl'~~i'i~f'jij'L ,--,. ,,.,..,,..~ . . ",c"" ,-, -,. , '" ___,_. - v._~,,,,,. , ."-,, ,,, ,'__~' _, ',', . _'.' _~,. <-""""_ O',."';W" ~ ",__ ;.-, '.:--<'-0 BARRY GUY BOWERS, Plaintiff/Petitioner ~12004 : IN THE COURT OF COMMON PL AS OF " : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-430t CIVIL TERM REGINA RENEE SWARTZ, DefendantlRespondent IN CUSTODY ORDER OF COURT AND NOW, this day of , 2004, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at , on the _ day of , 2004 at , M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order, All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator YDU SHDULD TAKE TillS PAPER TO' YDUR LAWYER AT DNCE. IF YDU DO' NDT HAVE A LAWYER DR CANNDT AFFORD DNE, GO' TO' DR TELEPHDNE THE DmCE SET FDRTH BELDW TO' FIND DUT WHERE YDU CAN GET LEGAL HELP, Cumberland County Bar Association 32 Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 , , .- -~- . - ~~ - ~ .- .. ~. '. """. "" ""'.- ... AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduling conference or hearing, ~ '~~A-",,",'""',~ __~_~>,,,,~,,,,-,,,,~__, "O_'_.,X(,,~,___,,_.n <" ",,_:_n, BARRY GUY BOWERS, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ~ 2000-43Uf: CIVIL TERM REGINA RENEE SWARTZ, DefendantJRespondent IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the PlaintiID'Petitioner, Barry Guy Bowers, by his attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Petitioner is Barry Guy Bowers, an adult individual residing at 203 Crain Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2, The Respondent is Regina Renee Swartz, an adult individual whose address is unknown, 3. The parties are the natural parents of two (2) minor children, namely Gunner Anthony Bowers, born January 22, 1997, and Zachary Austin Bowers, born July 12, 1998. 4. The parties are currently governed by an Order of Court and Custody Stipulation, dated June 29,1997, a copy of which is attached hereto and marked as Exhibit "A". 5, The Petitioner seeks to modify the existing Order due to the physical abuse of Zachary Austin Bowers, On Saturday night, March 6, 2004, the Defendant/Respondent, Regina Renee Swartz, physically abused Zachary Bowers by repeatedly striking him with a wooden spoon. . ~-~..- < -"~-. " .'- ~" ,_" <, "" - ~ ,'_, -,. -~ ,",,,,' ::, 0:." _ , - ..J;__ ,,-- -1'.) ! 6, The Petitioner desires that primary physical custody of said minor children, with joint legal custody and periods of supervised visitation to Respondent as the parties agree is in the best interest of the children. 7, The best interests and permanent welfare of the minor children requires that the Court grant the Petitioner's request as set forth above, WHEREFORE, Petitioner, Barry Guy Bowers, respectfully requests that he be granted primary physical custody and shared legal custody of Gunner Anthony Bowers and Zachary Austin Bowers, as provided herein, with periods of supervised visitation to Respondent as the parties agree is in the best interest of the children, Respectfully submitted, By: Date: March 8, 2004 ~ EXHIBIT "A" ~ , . -~, .- BARRY GUY BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW Q:) -4)0-, CIVIL TERM IN CUSTODY REGINA RENEE SWARTZ, Defendant ORDER OF COURT AND NOW, this ~ day of June. 2000, upon consideration of the attached Custody Stipulation, it is hereby ordered as follows: 1. The parties shall have shared legal custody of GUNNER ANTHONY BOWIJRS, born January 22, 1997, age three (3), and ZACHARY AUSTIN BOWERS, born July 12, 1998, age one (1). 2. The father, BARRY GUY BOWERS, shall have primary physical custody of GUNNER ANTHONY BOWERS and ZACHARY AUSTIN BOWERS. 3. The mother, REGINA RENEE SWARTZ, shall have partial, physical custody of the minor children at times which the parties mutually agree is in the best interest of the children. By the Court, TRUE COpy FROM ;,f:CORD In T:,stimc;lY whereof, I hCF~ ntQ ;,;1 my hand ;~~~ j~::.=/9.1j,S:id o~rt arlisle, Pa, :TO , . '....;............" fJ4..... .... ..uJ......,.. .....' thonotary /5/t/~Jj iV~ - - - BARRY GUY BOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CIVIL TERM REGINA RENEE SWARTZ, Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, this2q% day of June, 2000, the parties, BARRY GUY BOWERS and REGINA RENEE SWARTZ, and hereby enter into the following Custody Stipulation regarding their minor children; ,1. The plaintiff and natural father is BARRY GUY BOWERS, an adult individual who resides at 37 Kerrs Avenue, Carlisle, Pennsylvania 17013. 2. The defendant and natural mother is REGINA RENEE SWARTZ, an adult individual who resides at 10 Run Road, Carlisle, Pennsylvania 17013. 3. The parties shall have shared legal custody of GUNNER ANTHONY BOWERS, born January 22, 1997, age three (3), and ZACHARY AUSTIN BOWERS, born July 12, 1998, age one (1). 2 .:c,_" 1iI!illJtc, 4. The father, BARRY GUY BOWERS, shall have primary physical custody of GUNNER ANTHONY BOWERS and ZACHARY AUSTIN BOWERS. 5. The mother, REGINA RENEE SWARTZ, shall have partial, physical custody of the minor children at times which the parties mutually agree is in the best interest of the children. Intending to be legally bound, the parties enter their hands and seals the date first set forth above. WITNESSETH: ~~'#~ (SEAL) BA Y GUY BOWERS y .,", S~~ (SEAL) REG~NEE swAR:r.b 3 " ., . ~, ',~--, ~ ~^'>-, -'-~_-,'"' ~''''.'~',''_O'__ ",,'-- .1 VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by counsel and myself in the preparation of this action, I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I nnderstand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~!~~ Date: March 8, 2004 I' L'j'jj;,. ~'~1I .. 1iIiIi1lIk"'~--' .' ,- ~ ^~ ,--,,.; ,'.i ", ,& ,,'-"' ~ ~ J J ~(\ ",--..::;-.." ~--.."./ Co, ", "'" -~J ~< ...... 0--~ .(: ~ <><) ~ .l fS'.. t.-J ~ \ ~ () f,; ~i5 \D ~ = .r- o -n :r! nliJ1 :orn "9 (56 :;-1 ,~~+f ::=:: FC-:/ ?-;hi ::'=:1 ~. ::0 -<:;: ~ ~~ ::.u ~-, -"'~ ~''.)