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HomeMy WebLinkAbout97-00475 ,,"i.:',,'. ;;V,<'--' t'o ~~ l"6::t- ~~ i.< . ~ ~ .~ I.h ::t- ..,.. """,', ~ (0 ~~j '1')__ '15 ~,':: 'j">."}, ,. il:' :," , .. :"';'"!1' ~'" ~ T' >!~~~;,~ . ~Tm I :'~~, :-~.;,'s.-) . r,'",., -~"l. " '.q.,>::;.- r- '.::t 10. <:l, 11\. Q ~\,) .~ " . -:~&~r,; .-;-~,-:"t \ "'-"',,:1' :.~~,iij,,>~,:,. :; h!" ':~:.' T )::'> > , , .' .',' :' "'), "',' , . -.' ";",.,-=.,",, j"~. "';';~'r~.;;~'-~'; . " ,'ll'!l1'~!, ~'".. .,t:4f-,;"';.'",:,~,..-,.,,, . ' '.'" "'I'i".~"",,^,,,.. . . -........~.~h~(j-0~.,~..-:. tA~~t'~\-~~?~f( ',"', :";', '. _, ~~I~!~~::"J~::~;~.;";.,~ .' .' < ,""'.:~, ,,, ..',:" . ,." , . ':C' ~ "'01 'J" .'t,' " ^.', ',~:".~;; -'~':~:::',,:>i\',- ~<:.-. '.. .' 'iJ11;+:.. ~'h '.- :"-'-~!': "_t'" ,~), . " .;: i; ',:;~~~~di'- :. .M' ',_ ",- ,,'_"\, "'. -,-,. .::- '\?;i5:1;}::rl~' i' .' I....' ~\. 'filii ... (.... :',', ,,:," ~ -<, ':;>.,; :i'I!f " ".'r' .', .- , . "'.' '. , " " . .".'i:::,'ft"r;~'[; -.......,.,a. . ,>0< '~.f"'- ~.L ~. .., JAN 30 199fy During the past five years, the children have resided with the following persons and at the following addresses: GillY M. Bowman ilnu Mar la Sa lor no Bowman 4 '1'1 flany Dr lVI!, Car lisle, PA 1"/013 DATES O~!02/9]'Ul!11/9? I'lmSONS AIJIlIWSSI':S Marla Salorno Bowman Hd III iillwood 1'1t.t.fll>ur']h, I'A 15201 01!11/9?,prOflont The mother of the children is MARIA SALERNO' BOWMAN currently residing at 163 Briarwood Drive, Pittsburgh, PA 15201. she is married to the Plaintiff. The father of the children is GARY M. BOWMAN currently residing at 4 Tiffany Drive, carlisle, PA 17013. He is married to the Defendant. 4. The relationship of plaintiff to the children is that of Father. The plaintiff currently resides with the following persons: NAMES RELATIONSHIP None N/A lllANF. G, RAI1CLlH Al'OORNf.\'-AT-I.AW :\-14" TR1:'11 IH.", RO",U CAMP 1111,,," PA nUll 2 fi; 0' ..... r-,.; ,oo " ~ M ?..r; n ~~- I;.... .-. J<,. fF~ u. ) ~~~ ~l .. )- , a. 'J') ( ) ~-: ,,~ . N . ."? u:;.~ . >- 'iij ...,:~ 'U. r~. ... ...... ..': L.. r- ::J () 0" U . ~ Q ~ d z S ~ !:: ::i ~ 5t~ 1JI..~ e iii E ~ - oJ .. z t: D. 8 Z o ::s _ ~ ~ :l:i . j 1JI .. 0 .c..z o:"~ ~ m ~ ::E OJ B ~ Z I '('L',_r,:::~"': : '-' '. " ", I'" ,I r.~ " . .. '. It , ,-t '1.' I " L~ . ., ~, . ; !/ I ... . ,. . ." .. ~. . .)"()/; f7 th./. <0/; i4~Jl -R 4 ~"rt{ ~~ 5 ;:;1.f) '71~tCe IW~ ~ 4 ,tJt<defl 4) Because of Respondent's abusive behavior and threats, Petitioner filed a Petition for Protective Order and Custody. On January 10, 1997. a Temporary Protection Order was entered on the behalf of Petitioner by the Honorable George E. Hoffer. Petitioner relocated to her family's domicile in Pittsburgh with the children. A copy of said Order is attached as Exhibit "A" and attached hereto and incorporated by reference herein. 5) After a fuH hearing on the issues, a Protective Order was entered on March 6, 1997. A copy of the Order dated March 6, 1997 is marked as Exhibit "B" and attached hereto and incorporated by reference herein. 6) The March 6, 1997 Order aHowed Respondent two (2) weeks of partial physical custody pending the conciliation conference on March 27, 1997. 7) Since the parties were unable to reach an agreement at the conciliation conference, the Conciliator recommended the entry of an Order which continued the parties' joint physical custody on an alternating week basis as set forth in the March 6, 1997 Order. A hearing on the custody issues is scheduled for June 30. 1997 before the Honorable George E. Hoffer. The Conciliator believed that the entry of an Order awarding joint physical custody to both parties would not prejudice either party pending a hearing. A copy of the Order dated April 16, 1997 and the Conciliation Conference Summary Report are marked as Exhibit "C" and attached hereto and incorporated by reference herein. 2 LEGAL SERVICES. I~jC. ~4330=~ p.e~ --- The defend~nt is ordered to refrain from having any direct or indirect contact with the plaintiff including, but net limited to. telephone and written communications, except for the limited purpose of facilitating CUstody arrangements. The defend~nt is enjoined from harassing and st~lking the plaintiff and from harassing the plaintiff's relatives. or the minor chiidren. The defend~nt is enjoined from entering the plaintiff's place of employment. The defend~nt is enjoined from removing, damaging. destroying or selling any property owned jointly by the parti~s or owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 96113; ii) a private criminal complaint under 23 Pa.C.S. 96113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 96114, punishable by imprisonment up to six months and a fine of ~100.00-$I,OOO.OOi and iv} civil contempt under 23 Pa.C.S. 96114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provision3 of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of Brooke A. and Alexa M. Bowman is hereby 11\ GARY M. BOWMAN, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : V :CIVIL ACTION - LAW : MARIE SALERNO-BOWMAN, Defendant :NO: 97-475 CIVIL TERM :IN CUSTODY COURT ORDER AND NOW, this Ifc-/1l day of ;)~ , 1997, upon consideration of the attached CustodJi Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. of the Cumbe"land County Courthouse on the .3Q:!!:< day of (,.~ , 1997, atq~M. at which time testimony will b taken in the above case. At this hearing, the Father, Gary M. Bowman, shall be the moving party and shall proceed initially with the testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, each party's position on custody, a list of witnesses that will be called to testify at the mentioned hearing and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the hearing date. 2. Pending further Order of this court, custody on a temporary basis of the minor children, Brook Ashlie Bowman, born September 2, 1993, and Alexa Marie Bowman, born August 9, 1995, shall be shared equally between the Father, Gary M. Bowman, and the Mother, Marie Salerno-Bowman. The parties shall exchange custody of the minor children each Friday at 7: 00 P.M. at Exi t 10 of the Pennsylvania Turnpike. This alternating schedule shall commence with the Father picking the children up at the mentioned time on April 18. BY THE COURT, d J-L. -- t '-1LJlu J. Ge~~offer'~~'J cc: Barbara Sumple-Sullivan, Esquire Diane G. Radcliff, Esquire -, "ILJ': ~""OY F"Ou Rt'C"'RD n __ \,.....Jl I .\ ."rl . 1.. '.-1 111 -I ':;-.;m~"'" "',, . : I l.~.. . ,....101, ....; ..,.:r';.:i.J.. ' ILli~ U~I') ~;;t my h.Jnd and th.~ ~~~! oi s~:d C.)tJrt a: Car!:sl~, p.), ll'is...P.~ C~1, Of.a~, 19,qZ (j~.... .'yJj"..a \Ill.;'" h . ~~ . . ..."U.'~I ' ' .... .... Prothonotary GARY M. BOWMAN, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V . . :CIVIL ACTION - LAW MARIE SALERNO-BOWMAN, Defendant . . :NO: 97-475 CIVIL TERM : IN CUSTODY Prior Judge: George E. Hoffer CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE 1915.3-8(bj, the undersigned Custody Conciliator following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: OF PROCEDURE submi ts the Brook Ashlie Bowman, born Seotember 2, 1993, and Alexa Marie Bowman, born August 9, 1995.' 2. A Conciliation Conference was held on April 11, 1997, with the following individuals in attendance: The Father, Gary M. Bowman, with his counsel, Diane G. Radcliff, Esquire, and the Mother, Maria Salerno-Bowman, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The parties separated in January of this year. A Protection From Abuse Order was entered against the Father after a hearing before Judge Hoffer. At the conclusion of the hearing, Judge Hoffer awarded the Father custody of the minor children for two weeks with the children then to be returned to the Mother. The children have been with the Mother since that time. 4. At separation, the Mother moved to Pittsburgh to be with her family. The Father remains in the Carlisle area. 5. The parties cannot agree Upon a permanent order for Custody. A hearing is required. A hearing should take no more than one day. 6. The Conciliator recommends that the parties share physical custody of the minor children pending the hearing. 7. The Conciliator recommends the Court enter an order as set forth on the attached proposed Order. 4-1(~1 q7 DATE 01 ~ :1 Hubert X. Gilroy, E Custody Conciliato EXHIBIT "D" ~ ~ ,..... >- ~ Lr. r- .. ..!-.": IIIQ r- ::?".r (Jr::, - .' . .' -'.. fl... . - ., ~h ..~ . ~~! L. o. ....r~ 'L "J /.;." u: ~.!' _.1 Ir'!;; '.'['- f." :.'") ~tjl! -. -.. .~ Lt.. ,...... ':j U 01 (J '. , " JUL 3 0 1997 - , ~ l'l .. ~ d Z S ~ ~ ::i ~ oJ Z ~ iil ~ ~ w U. Iii >- ~ ..J w ~ .. n. " z o :E !! III ~ :l 0: Q, :s UI .. ci <(::z 0:":5 <( a: m III 0: m <( ~ m a ~ z ~~ (!"' -~ - ..!!2, C- .~ 1 4 ~ IN THE COURT OF COMMON PLEAS OF CUMRERLANIl COUNTY. PENNSYLVANIA GARY M. BOWMAN. : NO. 97-0475 / ./ PLAINTIFF v. : CIVIL ACTION - LAW MARIA SALERNO-BOWMAN. DEFENDANT : CUSTODY MARIA C. SALERNO-BOWMAN. PLAINTIFF : NO. 97-1910 v. : CIVIL ACTION - LAW GARY M. BOWMAN. DEFENDANT : DIVORCE MARIA S. BOWMAN. PLAINTIFF : NO. 279 S 97 : DR# 26.344 v. : CIVIL ACTION - LAW GARY BOWMAN. DEFENDANT : SUPPORT ORDER A ING AND NOW. 10 wit. thiS3..L day of N OF PARTIES . 1997. upon consideralion of lhe foregoing Slipulation for Supporl. Cuslody and Sale of Real e and on mOl ion of Barbara Sumple-Sullivan. Esquire. counsel for Plainliff. Maria Salerno-Bowman. il is hereby ordered. adjudged and decreed Ihat the lerms. condilions and provisions of Ihe foregoing Stipulation for Suppon. Custody and Sale of Real Estale are adopted as an Order of Coun as if set fonh herein al length. activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact their mother and father by telephone at all reasonable times, B. Primary Custody. Primary physical custody of the minor children, as that term is defined in the Custody Act 1985. October 3D, P.L. 264. No 66. Section 1. 23 Pa,C.S.A. 5301 et seq. shall be in Mother. C. Partial Custody, Partial physical custody. as defined in the aforementioned Act. shall be in Father. D. Partial Custody Periods. Father shall have the right to exercise partial physical custody as follows: (I) Weekends. Alternating weekends from Thursday at I :00 PM through Sunday at 6:00 PM with Father's alternating weekends to commence on June 5, 1997. This schedule shall continue until Brooke commences kindergarten at which time Father's alternating weekends shall commence on Friday after school. Transportation will continue to be shared with Father picking the children up in Pittsburgh at the start of his weekend and the parties meeting at Exit 11 of the Pennsylvania Turnpike at 6:00 P.M. on Sundays, If Mr, Bowman does not come to Pittsburgh for pick up. all exchanges are to be done at Exit 10 of the Pennsylvania Turnpike and pick up will occur at 7:00 P.M. and return will occur at 6:00 P.M on Sunday. (2) Holidays. The parties shall alternate the major holidays which are defined as Easter. Thanksgiving and Christmas. The holiday is defined as commencing at 6:00 P.M, the day before until 6:00 P.M, the day of the holiday. If a holiday falls on a Monday following the respective parent's weekend. that parent shall keep the children until Mooday evening at 6:00 P.M, This holiday schedule shall supersede the standard custody schedule, (3) Summer vacation. Father is entitled to five (5) weeks of vacation. No more than two (2) weeks shall be consecutive. Father's summer vacation shall be taken prior to the last two (2) full weeks in August. Mother shall also be entitled to two consecutive weeks during the summcr school vacation, Each party shall provide thirty (30) days advance written notice to the other parent of their vacation choice. If there is a conflict in scheduling. the notice which is post-marked the earliest shall have priority. 3 (4) Mother/Father's Duy. Mother shall always have the right of partial custody on Mother's Day and Father shall always have the right of partial custody on Father's Day. which date shall supersede the standard partial custody schedule and shall follow the exchange times as described above in paragraph (3) for holidays, (5) Notice. In the event either party is unable to exercise custody at anyone of the aforesaid times. she/he agrees to provide the other party with at least forty-eight (48) hours advance notice. D. Positive Relationships. Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between thc children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the olher party. Neither party shall do anything which may estrange the child from the olher party or injure the children's opinion the parent or which may hamper the free and natural development of the children's love and respect for the other parent. E. Consultation, The parties shall consult with each other as often as may be necessary regarding matters pertaining to the children. which shall include the following: (I) Acccs.~. Reasonablc tclcphonc calling privileges; access to report cards and other relevant information concerning the progress of the children in school; approval of extraordinary medical and/or dental treatment provided that such approval shall not be unreasonably withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld. (2) Matters of importance, On all matters of importance relating to the children's health. education and welfare, the parties have the duty to confer with each other. with a view to adopting a harmonious policy calculated to promoling the children's best interests. This duty shall include the requiremenl that the parties advise and discuss with each other all important events in the children's lives. including by way of example, but not limitation to: school meetings. travel plans. medical condition. education progress and plans, summer camp arrangements. extracurricular activities. vacation plans, etc. (3) Location. The residences. addresses and telephone numbers where the children may be reached shall at all times. including vacations. be known to both parties and each party shall immediately notify the other by telephone. if possible. or telegram, of any illness or other emergency that may arise while the children are in her or his custody. 4 II. SALE OF MARITAL REAL ESTATE A. L1stinl! of Real Estate. The parties shall immediately list the marital residence for sale. If the parties cannot agree on a listing agent. they will each specify an agent and the final decision will be determined by a flip of a coin. B. Mortl!aee and Maintenance oi Property. Father shall remain in the marital residence until it is sold. Father shall pay and keep the mortgage current. insurance and taxes associated with the marital residence until the property is sold. Further. Father shall maintain the property and be responsible for the upkeep of the property. C. Proceeds of Real Estate. After the deduction of normal costs of sale such as realtor's commission, transfer taxes and satisfaction of mortgage. the net proceeds shall be immediately distributed equally to the parties. This shall be considered as an advance distribution to both parties towards the resolution of the divorce action. This interim distribution shall not prejudice either party's right to address these proceeds in the overall equitable distribution claim. The parties agree that the capital gains (if any) that results from the sale of the real estate shall be equally divided. All documentation concerning the capital gain calculation shall be exchanged at the time of senlemenl. The parties agree that in the event the real estate does not sell. they will make reasonable. periodic price adjustments of the purchase price as suggested by the reallor to effectuate a prompt transfer, III. SUPPORT A. Support Generally. Child support is presently being paid through the Domestic Relations Section of the Court, Docket No. 279 S 97. DR # 26,344. An Order was entered on April 11. 1997 wherein Father was directed to pay the sum of $65.00 per month and 55% of the unreimbursed medical expenses. An appeal by Mother is pending. Effective as of the date of this Agreement. Father shall pay the sum of $25,00 per week until the home is sold. In agreeing to the reduced child support. Mother will receive credit for equitable distribution in amount of $400,00 per month. This amount is the additional amount she would have received in child support but is instead being applied towards the mortgage on the marital real estate. If she elects. Mother is entitled to claim her proportionate share of the mortgage interest on her tax return, From the time the real estate is sold until January I, 1999. Father shall pay the sum of $500.00 per month in child support. On or about January 1. 1999. Father's child support obligation shall be recalculated in accordance with the Guidelines and shall be retroactive 5 , GARY M. BOWMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 97-475 MARIA SALERNO, BOWMAN, Defendant CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Custody Complaint was served upon Mar ia Salerno-Bowman on February 15, 1997 by certified mail, restricted deliver as appears on the return receipt attached hereto as Exhibit "A" and made a parte hereof. DIANE G. RADCLIFF ATfORNF.Y.AT.LAW ~Hfl TRlsnu: ROAn C:A~II'IIIU,.I'A 17011 1 -- .1) i~_; co: j;' Ill! l:l ( ~. " l<. ,. J Co , .. " '.n J (.-, , C' " .. , r:. 'f1 li- L. '':1. lL \. r- '.1 L' 0' U \ l. i \ , GARY M. BOWMAN, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . MARIE SALERNO-BOWMAN, Defendant :NO: 97-475 CIVIL TERM :IN CUSTODY Prior Judge: George E. Hoffer CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Brook Ashlie Bowman, born September 2, 1993, and Alexa Marie Bowman, born August 9, 1995. 2. A Conciliation Conference was held on April 11, 1997, with the following individuals in attendance: The Father, Gary M. Bowman, with his counsel, Diane G. Radcliff, Esquire, and the Mother, Maria Salerno-Bowman, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The parties separated in January of this year. A Protection From Abuse Order was entered against the Father after a hearing before Judge Hoffer. At the conclusion of the hearing, Judge Hoffer awarded the Father custody of the minor children for two weeks with the children then to be returned to the Mother. The children have been with the Mother since that time. 4. At separation, the Mother moved to Pittsburgh to be with her family. The Father remains in the Carlisle area. 5. The parties cannot agree upon a permanent order for Custody. A hearing is required. A hearing should take no more than one day. 6. The Conciliator recommends that the parties share physical custody of the minor children pending the hearing.