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HomeMy WebLinkAbout97-02197 \ ~ " H ~ u .:$ (J " " iii > ~" \ I J ./ i .; to... ~ .- _"T I' -' I , ~ Ull L', , ,. " , i ~: , . .. c;." , . ,-, .' (": ,-~ I, , ,', \.;.. : , ) ~ ~ . J 4 1 -- L' r- ) ('; \.7'" '.J ~:!i ~~ " " ~~ ~ 0 ~ ~B . .... ~ ~~ '" ti i ~p. ~ .... ~ ~ ~ I6J ~ - :. S ..t ~ ~ Go ~ ~ ~ ~ 'tl !,! ~ a: N" r:: . -~ ~~ ij Z Z ~~~u ~~ - " Z ..t III II: II( 0 w >< IU ;- Cl.... t:OCl tIJ :2 m Q. o , c::l _.-4 i~ !j mf,;oJ E-I8121:;; ~ ;~ ~ III ~ :3 4. ~ <( 01 el ~r~ III 0 ff N ~ 8 tl, B 5l 01 Z . . < r>:l 0<,... ~ . :c ':l ~ l!:l 1 ~~~CI\ ~ t:l ~ 12l i:;c:i ~ ~ UZ ~ ;11 . GREG B. BOWEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE~mSYLVANIA vs. CIVIL ACTION - LAW NO. 97 - 2197 CIVIL PAULA M. QUENZER, Defendant PARTIAL CUSTODY AFFIDAVIT OP SERVICE MARLIN R. McCALEB, Esquire, certifies and says: that he is the attorney for Greg B. Bowen, the Plaintiff in the above-captioned action; that on behalf of said Plaintiff, he did file Plaintiff's Complaint For Partial Custody in the Office of the Prothonotary of Cumberland County, Pennsylvania, on April 28, 1997; that pursuant to Rule No. 1930.4 of the Pennsylvania Rules of Civil Procedure, he did serve said Complaint and the Order of Court dated May 8, 1997, upon Paula M. Quenzer, the Defendanc herein, by depositing a true and attested copy of said Complaint and Order of Court, in the mail in the post office at Mechanicsburg, Cumberland County, Pennsylvania, on May 13, 1997, properly addressed to the said Defendant at her place of residence at 102 West High Street, Room 326, Carlisle, Pennsylvania, 17013, with proper postage attached, certified United States mail (receipt no. P 979 977 872, return receipt requested, restricted delivery); that thereafter he did receive said return receipt card bearing the signature of Paula M. Quenzer, the Defendant herein, and 1.\"'" ""I' I. indicating receipt of said copy of the Complaint on May 15, MAIO It~ H M, ( "1111 1997; that the said certified mail receipt and return receipt card are attached hereto and made a part hereof, marked Exhibit "All. I verify that the atatements made in this Affidavit 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, tiM~ Marl n R. McCaleb Date: May 16, 1997 l.\1/ti Illllt I', MMIlIN II ~h l.'^II.B -2- f , P "7"'1 "77 I?i! Patrnl M. Quenzer 102 West High Street, Room 326 tarlisle. Pennsylvania 17013 UNDER: RIFERENCE: r'"'" - RETURN RECEIPT SERVICE CettlIltll,.. "-UflA<<elpl'" D whom. ~" UldIoltlrH'of RMtfItltd 0Mwt., .,..,..." ,... :, US Postal Service Receipt for Certified Mall POSTMARK OR OATE No InsuI8l1Q8 CoYsrage PI'O\/ldad Do nol UN b ~""""'" t.tII i._ \. IRE: 1 I lENDER: ! , Marlin R. McCaleb, Esquire 219 East Main Street P.O. Box 230 Mechanicsburg. PA 17055 olIO wish 10 rece~ve following MMe. ~or an 181): 1 o-...n 2 - . ADDftIaI . DIUVIR't' Con8U~ po.tmastSf ror 181. 48. Ie e umber P "7"1 "77 Ii?i! 1.11111111111 i 3. - Addressed 10: 1 1 Paula M. Quenzer 102 West High Street, Room 326 Carlisle. Pennsylvania 17013 rs. ! I ^W OllWI '. M^IH.It~ Il MI CAll1t Exhibit "A" ~:s ~a p,.~ ~B ~;:~ ~ o~ I ~ ~8 ~ ~ 8~ ~ B m~ ~ ~ ~~~i~ .... .... ...t ~ c: ...t III i~ . en > ~ .c: ~~ t'l1ll ~Q 01 ~ ~ ~ a~B ~ ~ ~ . III . :I: ~ ~ ~ t:l ~ ""I'::; ""' .::l ~ J-:::-?> ......ci'3~ ;t-l- .~ ~ i!.<- d ~ ~ ..... .....- ~1~< ~ ~ e ~ ....... .;J: ~ ",-..J.."~~ ""'j<- II) "'" ~ -<:J" 'AI" -' Jf; ,-' 1\ ' ~ w ~ : ~ ~ ~~~~ ~ ~ a: "'~ o ~ ~h~ J~w2il\~ S~~~Od . z ~ l1. ~ .... " a: _ ~ '" N ~ Z .. x u w 2 GREG B. BOWEN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.tf7- cJ./li7 CIVIL PARTIAL CUSTODY vs. PAULA M. QUENZER. Defendant ORDER OP COURT ~I~ attached Complaint. it is hereby directed their respective counsel appear before :, ' , ,the conciliator, at r on ,hlf'l" , 1997. at o'clock A.M., 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. AND NOW. consideration of that the p rties , 1997. upon 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 scheduled conference or hearing. FOR THE COURT: By: dlf'l um oJ, <..1 Ll\d~.... f~Jl Custody concilG~r (;')~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT APPORD ONE. GO TO OR TELEPHONE THE OPPICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ,........,11". Court Administrator Fourth Floor Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 M^tllIN H M, f "Ill-II i , " , i , I I ~, I i ~ I I I I l- I ~ FILED-OFFiCE OF 'p,,- ,"' ,..... "-"""( ,,'r ,.'.. " I".', 9Hlrl 12 P:: 2: 22 CI'\'.... ' I.,.'.,....". ',' " <..III, __ ._. 1.1 . Fi:I\:,:~,yL:/i'i' ;1/\ rv 5.,{:) .9" {}J. ti?t iHadd/-d a4 ~f'~ {tfIk ~ .f./.,} .If) tb-.Il)l /Ha:A/ t::. alj ~':; ~u ...... f4 . -n> I~ ~./J,t -d ~~ Paula M. Quenzer, Erica Christ ine Douglas, Nick Simmions and Monty Yoder Paula M. Quenzer, Erica Christine Douglas and Nick simmons Paula M. Quenzer, Fay McPherson and Erica Christine Douglas Paula M. Quenzer and Erica Christine Douglas Paula M. Quenzer, Erica Christine Douglas, Demond Yoder and Monty Yoder Paula M. Quenzer, Erica Christine Douglas, Nick Simmons, Brenden and Tracy Clark and their four children ? 308 College Street Carlisle, Pennsylvania 6/94 to 8/95 Lot #146, Betty Nelson Trailer Park Carlisle, Pennsylvania Winchester Gardens Carlisle, Pennsylvania 8/95 to 11/95 i ~ 11/95 to 2/96 102 West High Street, Room 326 Carlisle, Pennsylvania 2/96 (3 weeks) 155 Salem Church Road, Lot #66 Mechanicsburg, Pennsylvania 2/96 to 4/96 I , , , .. ~ j, 678 Front Street West Fairview, Pennsylvania 4/96 to 7/96 ? 7/96 to ? The mother of the child is Paula M. Quenzer, currently residing at 102 West High Street, Room 326, Carlisle (Borough of Carlisle), Cumberland County, Pennsylvania. She is not married. The father of the child is Greg B. Bowen, currently residing at 123-A East Main Street, Mechanicsburg (Borough of Mechanicsburgl, Cumberland County, Pennsylvania. 1.......""101. M,'\1l11r11l M,t "ILll -2- He is married to Teresa Bowen. 4. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: ~ Relationshio Teresa Bowen Lindsay Maresa Bowen wife Daughter 5. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: ~ Relationshio Daughter Son Erica Christine Douglas Matthew Burnette Bowen 6. Plaintiff has not participated as a party or witness or in any other capacity in other litigation concerning the child in this or another court. Plaintiff has no information of any other custody proceedings concerning the child pending in a court in this Commonwealth. Plaintiff does not know of a person not a party to the l.'~ ..III, ,", proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) For the past nine months, Defendant has concealed her whereabouts and the whereabouts of the child and has prevented Plaintiff from having any contact with the child; M^liut~ It M,{^'UI -3 - ~ -.. J , ,. , l- I i (b) Plaintiff believes it is important for the child to maintain a strong and healthy relationship with his father through regular contact and visitation. s. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the Court to grant him partial and temporary physical custody of the child on alternating weekends and holidays and for two (2) weeks in the Summer. L~J;;dt61k Marli~~~aleb Attorney I. D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 1S Pa. C.S., Section 4~04, relating to unsworn falsification. Date: 4. 0/ ;;2lfl i 7 , 1997 !1 ><.4lf::P,," ,,,) Gre . Bowen -4- :0. ..:J' (I' (.' ; LI I ~' .. .- , ~,1;' .. ) ~; I,.: . ..' , j I.:', CI"J -'j _-.1 "oj F-l I, , j I, ,'i II.. ....;: .... I..> ,.... " (1' ) 1_) ~=s ~~ ~~ ~~ ~~ ~ Ij.l " ~g~ 5 Ij.l .jJ ~ ~ .... ~ .jJ ~ E-t ~ = . ~ ~ ~ ~ 8 ~ '... !II . = tj"':C 01>< III ~ ~~ ~8 rz: ~ ~;;: ~ ~S e ~ ~~B~ O'l~ o III ~ ~ ~ ~ ~ ~~d 8J 5 B 0 ! ~ Ii:; I:ll 01 ~ ~ ~ . . . z u.:J I:ll :E ... ~ ~~ e- 0_11 rz: e; . t.!l i . N - ~ u ~ ~ ~ z . 0 ~ ~ ", GREG B. BOWEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. (/7- )147 CIVIL PARTIAL CUSTODY vs. PAULA M. QUENZER, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow GREG B. BOWEN, Respondent, to proceed in forma pauperis. I, Marlin R. McCaleb, Attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litig~tion is attached hereto. Date: April 28, 1997 ~~~R~ Marlin R. McCaleb Attorney for Plaintiff lAIN lUlU I'. M^,U.IN If MI C^l.I:U .... VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. '11. .2/97 CIVIL TERM GREG B. BOWEN, Plaintiff PAULA M. QUENZER, Defendant PARTIAL CUSTODY APPIDAVIT IN SUPPORT OP PETITION POR LEAVE TO PROCEED IN PORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. " , N (... ~) --.I ame:.:'l re'j I;.> L)(~\'JCn Address: U.3 - (\ C:-. t'Y1{LU) ':.>t /1\" (1 h, 7 H 1 I \)~~.;- Social Securit:y Number: ''1,J -S~ '1./4'-'''1 (b) If you are presently employed, state: Employer: y<'. ul(\l' 1'\/1' /-juU;JL Address :5co;).. (:((_/1,:)<. ?; /(c (Yltth.., 1)+ 11 uG":..- (a) IIlWlflllll', Salary or wages :~~),()O \JU- I-I r. Type of work; e U lie, If you are presently unemployed, state:~N/~ - Date of last employment: --- I'Jj/l ' MJ\HlIN It Mle^1 UI Salary or wages per month: _IL'/I/' (c) Other income within the past twelve months: Business or profession: --"IIP --nf-l ! I I. i I i '" I I I ~ I , Other self-employment: Interest: - "-/ II Di vidends: - I~/ /1 Pension and annuities: ..,. /1//11 Social Security benefits: --fl/I/ ~ J=, ' .... I"" I" J.-. It; G: IJ Support payments: ~- ~ 'lI' .,1 _.U VI (' , I ,.... [{ , , ,111 /'IlIA Disability payments: ---/~/fl 1 . Unemployment compensation and supplemental benefits :-"d/Il Workman's compensation:- If/If Public Assistance: .Food ':',,~Cl_~'\'q;)~ Other: rJ /:1 (d) Other contributions to household support: '7< (Wife) (Husband) Name: Tc l-e ~ A L. \. ::DlJ.JQ r'\ - .. ... If your (husband) (wife) is employed, state: .- Employer: "-J U ^ I e Salary or wages per month: L) () 1..)(, (e) Type of work: --;U/t+ Contributions from children:#t Other contributions: ---~;l1 Property owned: /-./ eil,] e , Cash: -tJ/l Checking account: $ -.-Iv'/tf . , I ^W 1)11 I" '. MMH IN It M. ("AU.It -2- Savings account: $ 1:), ( .,-) Certificates of Deposit: 1f/~ Real estate (including home) : }../<.:> AJ <- Motor vehicle: Make ;-1 t,}. Irllt, Year {Ol ('(' ~:. ('eLf ~ ", .) 1 Cost '/, ") 0('> "D ... , v , . Amount Owed - ()- Stocks; bonds: ~J0tl, Other: I-f/I1 (f) Debts and obligations: Mortgage: ,,:-!,J//~ - Rent: :~1:), C-,J $1 - Loans: f?, r&.-ltl L _,,; n - ~) () J\<J , I . ':1f(H.6lJ-ty\o,,~" , Other: Vb",!1f :,(~ 1),(":,,'0"'/ +(Lj/,(,,,:/IJ,OL),()() J'~f1 . Chdll .jvf',oc"'t. "'> ("/ N' l~, 4'~~.k!j ~ :J:I..Jsor4.,u.. , Payment Arrangements; ~ (g) Persons dependent upon you for support: U:!ifJ;:) (Husband) Name: re. LC '/:)CL '- (-)OlUf'1 Children. if any: . , Name: L,i,(/~jl (/(If'hl"..0(~ r') Name: !l1a.IILr ,~I 73 !3(ytJ.Je ,', P{l,.('OJ . (t:'h,/d S''I'fYart to') Other persons: Name: Relationship: 4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this Affidavit I^W OIlt' ", MMHIN P Ml r^I,11I -3- i are true and correct. I understand that false statements ! l' , I herein are made subject to the penalties of 18 Pa,C.S, Section 4904, relating to unsworn falsification to authorities. , r, Date: ,4pr~'j c.?'l , 1997 C~~r1S, foG'.::J g B. owen . . " IJ\Wl"'ll", MMHIN It M( C^I.UI -4- Plaintiff IN THE COURT OF WlMctl PLEAS OF CUMBERLAND CCXlNTY, PENNSYLVANIA GREG B. IlCMEN, AND 1Df, this I '7 "" day of L., n upon conaideration of t~ Custody ~~on ordered and directed as fol1owsI , 1997, Report, it ia I i I I ~ I I I ~ vs. I : NO. 97-2197 CIVIL TERM . . PAULA M. QUENZER, Defendant : CIVIL ACTION - LAW : CUS'l'ODY mom Of' <nm' 1. The Father, Greg B. Bowen, and the Mother, Paula M. Quenzer, shall have shared legal custody of Matthew Burnette Bowen, born March 16, 1991. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial custody of the Child on a gradually increasing schedule as follows: A. The Father shall have custody of the Child, with either the Mother or the Mother's brother-in-law, David Myers, present at Kidz Zone on the Carlisle Pike in Mechanicsburg on June 15, 1997 from 1:00 p.m. until 3:00 p.m. ;. .. B. The Father shall have partial custody of the Child for a second two hour period on Sunday, June 22, 1997 from 1:00 p.m. until 3:00 p.m. The parties shall exchange custody for this and all subsequent periods of partial custody at the McDonald's restaurant on the Carlisle pika in Carlisle/Middlesex. C. The Father shall have partial custody of the Child from Saturday, June 28, 1997 at 10100 a.m. until sunday, June 29, 1997 at 6:00 p.m. In recognition of the fact that this will be the Child's first period of overnight custody with the Father, the Mother shall contact the Father by telephone on June 28, 1997 between 3:00 p.m. and 4100 p.m. to determine whether the Child is adjusting well to the custody arrangements and will remain in the Father's custody for the overnight period. The parties shall cooperate in making the determination as to whether the overnight period of custody is in the Child's best interest based upon his adjustment. D. The Father shall have partial custody of the Child on alternating weekends, beginning July 11, 1997 from Friday at 5100 p.m. until Sunday at 6:00 p.m. E. In the event the Mother moves to a new residence over the weekend scheduled for the Father's first period of custody under subparagraph A. of this provision and also determines that David Myers will not be available for that period of custody, the Father's periods of partial custody under this provision shall be adjusted to occur one week later for each subparagraph. The Mother shall contact the Father by telephone on Thursday June 12, 1997 to advise as to whether she will be moving on the following weekend. F. Beginning in sUlTfll8r 1998, the Father shall have custody of the Child for two nonconsecutive weeks during each sUlllll8r school break upon providing thirty (30) days advance notice to the Mother. The Father shall be responsible to pay any daycare expenses which are charged by the Child's daycare provider for the period of time during which the Child is in the Father's custody under this paragraph and for which documentation is provided by the Mother. 4. The parties shall share or alternate custody of the Child on holidays aa follows: A. Christmas: In odd numbered years, the Father shall have custody of the Child on Christmas Eve from 10100 a.m. until 8:00 p.m. and the Mother shall have custody of the Child fran Christmas Eve at 8:00 p.m. through Christmas Day. In even numbered years, the Father shall have custody of the Child fran Christmas Eve at 10:00 a.m. until Christmas morning at 10:00 a.m. and the Mother shall have custody of the Child on Christmas Day beginning at 10:00 a.m. B. Thanksgiving I In every custody of the Child Thanksgiving at 5:00 p.m. p.m. year, the Father shall have fran the Wednesday before until Thanksgiving Day at 8:00 D. Easter: In every year, the Father shall have custody of the r.bild on saturday of the Easter weekend and the Mother shall have custody of the Child on Easter Sunday. The parties shall exchange custody of the Child when the Father goes to work on Saturday. E. Memorial Day/July 4th/Laber Day: The parties shall alternate custody of the Child on Memorial Day, July 4th and Laber Day, beginning with the Mother having custody of the Child on July 4th in 1997. F. Mother's Day/Father's Day: ThE'! Mother shall have custody of the Chifd every year on Mother's Day snd the Father shall have custody of the Child every year on Father's Day. G. Specific times for exchanges of custody on holidays shall be arranged by agreement of the parties unless specified otherwise in this Order. ~# H. The holiday custody schedule shall supersede the regular and summer vacation custody schedule. 5. Both parties shall be prompt for all exchanges of custody, but, in the event of an unavoidable delay, shall notify the other party of the delay as soon as possible. 6. Neither party shall use alcohol or illegal drugs illl11ediate1y preceding or during periods when he or she has custody of the Child. 7. The parties shall insure that the Child is not left alone with the Child's paternal grandparents if either grandparent is drinking alcohol or is under the influence of alcohol. ., 8. The parties shall insure that the Child is not in the presence of Scott Fester or Tracy Clark. .- , 9. The Father shall insure that the Child has suitable sleeping arrangements during the Father's periods of custody. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisiollB of this Order by mutual agreement. In the absence of mutual agreement, the terms of this order shall control. J. cc: Marlin R. McCaleb, EsqUire - Counsel for Father Jacqueline M. verney, Esquire - Counsel for Mother ~~ ~/l8/9'1, ,>J. 6'. 'j , GREG B. BCkIEN, plaintiff IN THE COURT OF cetolMOO PLEAS OF CUMBERLAND COONT'i, PENNSYLVANIA vs. NO. 97-2197 CIVIL TERM PAULA M. QUENZER, oefendant CIVIL ACTION - LAW CUSTODY am'CDlC CXH:ILIATI~ SlMIARY R8P(RT IN AaDUlANCE WITIl cnmERLAND <DNl'Y RI.ILE CI CIVIL PRJr.;JsuoU 1915.3-8, the undersigned Custody Conciliator submits the following reportl 1. The pertinent information concerning the Child who is the Subject of this litigation is as follows: NAMB DATE OF BIm'IJ OlRRFNl'Ly IN am'CDlC CI Matthew Burnette Bowen March 16, 1991 Defendant/Mother 2. A Conciliation Conference was held on June 11, 1997 with the following individuals in attendance: The Father, Greg B. Bowen, with his counsel, Marlin R. McCaleb, Esquire, and the Mother, Paula M. Quenzer, with her counsel, Jacqueline M. verney, Esquire. 3. '1l1e parties agreed to entry of an Order in the for.m as attached. ~ /.J.. /997 Date {)~~,.J/ L..~ Dawn s. Sunday, Esqu custody Conciliator