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HomeMy WebLinkAbout97-06313 LYNNE A. BOWER t IN THE COURT OF COMMON PLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA V. t NO. STEPHENS C. BOWER, t Defendant t IN CUSTODY ORDER OF COURT AND NOW, this day of =t?` f.'l 1997, upon -IiL consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before L)Cjw(1 a ??? 1(\l' 3?I -'' f 1 , the conciliator, at N'<<`aoll ;o,Q 'Pon the day of J LV , 1998, at ''f ?. )0_0.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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: (7 LO \ i (t Custody Conciliator 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. Office of The Court Administrator Cumberland County Courthouse 4th Floor 1. Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 1171!'iU I J f. I i // /911' f ?rrla? f ?H<? LYNNE A. BOWER IN THE COURT OF COMMON PLEAS OF Plaintiff c CUMBERLAND COUNTY, PENNSYLVANIA V. N0. 3??, o(? - tf STEPHENS C. BOWER, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, LYNNE A. BOWER, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and respectfully represents as follows: 1. The Plaintiff is LYNNE A. BOWER, residing at 314 3rd Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant is STEPHENS C. BOWER, residing at 1068 Tunberry Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff is seeking primary legal and physical custody of the following children: Name Residence &M Blaine Stephens Bower 314 3rd Street 4 New Cumberland, Pennsylvania Quinn Peters Bower 314 3rd Street 4 New Cumberland, Pennsylvania The children were born of the marriage between Plaintiff and Defendant. The children are presently in the custody of Plaintiff, LYNNE A. BOWER, who currently resides at 314 3rd Street, New Cumberland, Cumberland County, Pennsylvania. For the past five (5) years the children have resided with the following persons and at the following addresses: (a) From 11/13/97 to present 314 3rd Street New Cumberland, Pennsylvania 17070 With Plaintiff (b) From birth through 12/1/97 1608 Tunberry Court Mechanicsburg, Pennsylvania 17055 With Plaintiff and Defendant The mother of the children is Plaintiff, LYNNE A. BOWER, residing at 314 3rd Street, New Cumberland, Cumberland County, Pennsylvania, 17070. The Plaintiff is married to the Defendant. The father of the children is Defendant, STEPHENS C. BOWER, residing at 1068 Tunberry Court, Mechanicsburg, Cumberland County, Pennsylvania. The Defendant is married to the Plaintiff. 4. The relationship of Plaintiff, LYNNE A. BOWER, to the 2 children is that of natural mother, 5. ' The relationship of Defendant, STEPHENS C. BOWER, to the children is that of natural fattier. 6. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other court. Plaintiff has no information of a custody proceeding concerning the custody of the said children pending in a court of this Commonwealth or in any other jurisdiction. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The relief equested by Plaintiff is in the best interest of the children, because she has always served as the primary caretaker for the children and is best able to provide a safe and stable home environment for them. 8. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 3 WHEREFORE, Plaintiff requests the entry of an order of Court granting her primary legal and physical, custody of the subject minor children. Respectfully submitted, DATED: CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. #29933 2941 North Front Street Harrisburg, PA 17110 (717) 232-7200 Attorney for Plaintiff 4 I verify that the statements made in the foregoing complaint for Custody 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 to authorities. DATED : LY E A. BOW R, Plaintiff •'1 1 .. i 1 hl r ? li r?- r'3 'r 2I I Ow • w 44 11 • yG ro y Ir b U (? S < t} N5 t z u o 1 "ro w M a w V 4 i a & a < 0 0 ° ? ci tn u o E z N o #1 .1 CONSTANCE 1'. BRUNT ATroRNP.Y Ar i.A`1V LYNNE A. BOWER Plaintiff V. STEPHENS C. BOWER, Defendant s IN THE COURT OF COMMON PLEAS OF s CUMBERLAND COUNTY, PENNSYLVANIA s s NO. 97-6313 Civil Term s s IN CUSTODY I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that: 1. On November 14, 1997, a Complaint For Custody was filed oil behalf of Plaintiff and against Defendant in the above matter. 2. On November 14, 1997, I forwarded, by certified mail, return receipt requested, restricted delivery, a certified copy of the Complaint For Custody to Defendant, STEPHENS C. BOWER, addressed to 1068 Tunberry Court, Mechanicsburg, PA 17055, as evidenced by the sender's receipt attached hereto. 3. The aforesaid certified copy of the Complaint For Custody sent to the Defendant, STEPHENS C. BOWER, was delivered on November 18, 1997, as evidenced by the return receipt card signed by the Defendant and attached hereto. 4. To the best of my information and belief, the signature on Part 5 of the return receipt card is, in fact, the signature of the Defendant, STEPHENS C. BOWER. DATE : CONSTANCE P. BRUNT, ESQUIRE 0! • mpele serer 1 .oars, a lot edaeonet "rw.". I also wleh to receive the •canpl$Is Harris d, 4a, IN eh* following services (for an •Mre your name end address on me reverse at 1Ns farts w met we an return IN$ aN to u extra lee); W. •aWMerrdrryd, eei lam, to IM hate of the mallprea, or on IM hid II apace dare red t, C3 Addressee's Address The Return R««p w1N sshooww to whom IN, WI W4 "a dellivered rw the d to 21 CA Rreldcled Delivery delivered, r Consult posbnastar for fee. ICiys . Article raessd to: 4e. Artlcle Number Stephens C, Mower Alb P 139 731 693 .3eMcs7ype 1068 Tunberry Court Had Meehan icsburq, PA 1 7055 11 Regletered a Car p Expreee MelI _ O Insured .6 ? RatumRecelptb(MekMny>Ie' QCOD 3 7. Date of well., ry ' 1661 8. Received By: (PdnlName) 8. Addressee A ne fylfrleglpared and fee Is ` ?N . Slgna re: (Addroaaee or Agnl) ; PS Form 11, December, 11994 Domestic. whim one nt , O LL P 139 731 693 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. nn Mat I... 1n1 sent Ste >hens C. Flower sveet 8 Numeer 1068 Tun berry Court oil a, Inle, 61 ale Mechanics urg, PA 17C Posage $ .32 Codified Fee Spedal Delivery Fee Restricted Delvery Fee 2 . 75 Relum Rdselpl Showing lu Wham 8 Dale Dulvered Rehm Rasp shueng o whom, Dale 8 Adeeeese's Addess TOTAL Postage a Fees 9 4.17 welmadl or Dale Novemher 14, 1997 i5 ti i aaM -? 5 a •F w •?q S U ?H 11 LW .,4 H 06•.+ a W Va u 14 U^ .%i .W N d ?i MQ a uc N 7 - ? ? a > V u F ? u HUGH F LYNNE A. BOWER, . IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. STEPHENS C. BOWER, Defendant NO. 97-6313 CIVIL 'PERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AMID NOW, this day of , ly?7 , upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Lynne A. Bower, and the Father, Stephens C. Bower, shall have shared legal custody of Blaine Stephens Bower, born January 18, 1993, and Quinn Peters Bower, also born January 18, 1993. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends, beginning December 19, 1997, from pick up at daycare after work on Friday through delivery to daycare at 8:00 a.m. on Monday. During weeks when the Father has custody of the Children on the immediately following weekend, the Father shall have custody of the Children on Wednesday evenings (beginning January 14, 1998) from pick up at daycare after work through 8:00 a.m. on Thursday morning. During weeks when the Father does not have custody on the immediately following weekend, the Father shall have custody of the Children on Tuesday (beginning January 6, 1998) and Thursday (beginning January 8, 1998) evenings from pick up at daycare after work until 8:00 p.m. on the same evening. Beginning in April 1998, the Father's period of custody on either Tuesday or Thursday shall be extended through the following morning at 8:00 a.m. when the Father shall transport the Children to daycare. 4. The parties shall share or alternate having custody on holidays as follows: A. CHRISTMAS: 1. The Mother shall have custody of the Children over the Christmas holiday in every year from pick up at daycare, or 6:00 p.m. if the Children are not in daycare, on December 23 through 1:00 p.m. on Christmas Day. 2. The Father shall have custody of the Children over the Christmas holiday in every year from 1:00 p.m. on Christmas Day through 1:00 p.m. on December 27, except that this period of custody shall be extended to 6:00 p.m. in the event that the Mother is working on that day and the Father is not working. 3. The Mother shall have custody of the Children during the period from December 27 at 1:00 p.m. (or 6:00 p.m. if the Father's period of custody is extended as set forth in the above subparagraph) through pick up after daycare, or 6:00 p.m. if the Children are not in daycare, on December 30. 4. The Father shall have custody of the Children from pick up after daycare, or 6:00 p.m. if the Children are not in daycare, on December 30 through delivery to daycare at 8:00 a.m. on January 2, or through 10:00 a.m. if the Mother is not working on that day. B. EASTER: The Mother shall have custody of the Children on Easter each year from Easter Sunday at 9:00 a.m. through delivery to daycare on Monday morning. C. ALTERNATING HOLIDAYS: The Father shall have custody of the Children on July 4 and Thanksgiving Day in even numbered years and on memorial Day and Labor Day in odd numbered years. The Mother shall have custody of the Children on July 4 and Thanksgiving Day in odd numbered years and on Memorial Day and Labor Day in even numbered years. The Memorial Day and Labor Day holiday periods shall include the entire weekend from Friday evening pick up at daycare after work through Monday evening at 6:00 p.m. The 4th of July holiday shall begin at 9:00 a.m. on the holiday and end upon delivery to daycare at. 8:00 a.m. on July 5th, unless the holiday falls on a Friday, Saturday, Sunday or Monday, in which case it shall include the entire holiday weekend. The Thanksgiving holiday shall include the period from pick up at daycare after work on Wednesday through Friday at 8:00 p.m. D. MOTHER's DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 6:00 p.m. 5. Each party shall be entitled to have custody of the Children for fourteen (14) days of vacation (with no more than seven (7) days to be taken consecutively). The parties shall agree upon the summer vacation schedule by May 31 each year. In the event of any conflict, the party choosing his or her vacation days first shall have precedence. Vacation days under this provision shall be scheduled so as not to interfere with the alternating weekend schedule. In the event that a party selects seven (7) consecutive days, the period shall include that party's regular weekend period. 6. In the event that either party intends to take the Children out of town for an overnight period or longer„ that party shall provide the other party with notice of the plans and an address and telephone number where the Children can be contacted. 7. In the event either party believes that extension of the Father's periods of partial custody on either Tuesday or Thursday in April 1998 to include an overnight period would be detrimental to the Children after experience with the Wednesday periods of overnight custody beginning January 14, 1998, counsel for either party may contact the Custody Conciliator to schedule an additional Conference to address the issue prior to institution of the additonal overnight periods under paragraph 3 of this Order. 8. 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 agreement. In the absence of mutual agreement, the terms of this order shall control. BY THE COURT, %. J. cc: Constance B. Brunt, Esquire - Counsel for Mother Kathleen C. Daly, Esquire - for the Father ,g LYNNE A. BOWER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 97-6313 CIVIL TEN4 STEPHENS C. BOWER, CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACOORDANCE WITH CUMBERLAND COUNTY 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 CURkfSTPLY IN CUSTODY OF Blaine Stephens Bower January 18, 1993 Plaintiff/Mother Quinn Peters Bower January 18, 1993 Plaintiff/Mother 2. A Conciliation Conference was held on December 17, 1997, with the following individuals in attendance: The Mother, Lynn A. Bower, with her counsel, Constance P. Brunt, Esquire, and the Father, Stephens C. Bower, with his counsel, Kathleen C. Daley, Esquire. 3. The parties agree to entry of an order in the form as attached. 0,&Avr ? ?Q, M7 LWA 1.,JJ40 ? Date wn S. Sunday, Esquire Custody Conciliator V a a 114 6 g y ? ? 44 5 jj w H pN? p V 'W ? k?& 1R d4 ? 000 Mr? a S 3 ?° n 8 'n a ? ? 0? U "6 Fi m ?DEC2N1991 Plaintiff fN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. y Cr) C . ?dv rL C Defendant : CIVIL ACTION LAW N0.?5V?) CIVIL 19111 CUSTODY VISITATION And now, this 21 ` , upon consideration of the attached complaint, it is he eby dt'irected that the above parties and their respective counsel appear before _Qc (1 5 ,X,?I Esquire, the conciliator, at i`7 ?. Unto r c Pennsylvania, on the. L_ day of 1999, at / P.M., -A\ 00 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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: c'?d0001Y? .?\9910 1 1 , Custody Conciliator on ) 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 WIIERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249.3166 1.800-990.9108 lw, LYNNE A, BOWER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 97-6313 CIVIL TERM STEPHENS C. BOWER, Defendant/Petitioner IN CUSTODY You, Lynne A. Bower, Respondent, have been sued in court to modify custody, partial custody or visitation of the children, Blaine Stephens Bower and Quinn Peters Bower. You are ordered to appear in parson at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, on at M., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. 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. COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 f; LYNNE A. BOWER, Plaintiff/Respondent V. STEPHENS C. BOWER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 97.6313 CIVIL, TERM IN CUSTODY PETITION FOR MODIFICATION UMS1 OUY AND NOW, comes Defendant/Petitioner, Stephens C. Mower, by and through his attorney, Kathleen Carey Daley, Esquire, and tiles this Petition for Modification of Custody against tho Plaintiff/Respondent, and in support thereof, avers the following I. The Defendant/Petitioner is Stephens C. Bower, an adult individual who resides at 1068 Tunberry Court, Mechanicsburg, Cumberland County, Pennsylvania 170.55, 2. The PWntiff/Respondent is Lynne A. Bower, an adult individual who resides at 314 3rd Street, New Cumberland, Cumberland County, Pennsylvania 17070 3. The Defendant/Petitioner seeks to modify the current Order of Court dated December 23, 1997, regarding the following children: Name PLesc I ResidCri c Age Blaine Stephens Bower 314 3rd Street 6 years Now Cumberland, PA Quinn Peters Bower 314 :I rd Street 6 Years Now Cumberland, PA The children were born in wedlock. The children are presently in the custody of the Plaintiff/Respondent, Lynne A. Bower, who resides at 314 3rd Street, New Cumberland, Cumberland County, Pennsylvania. 4. During the past five years, the children have resided with the following persons and at the following addresses: A. From November 13, 1997 to present - 314 3rd Street, New Cumberland, Pennsylvania 17070, with their mother. B. From birth through December 1, 1997 - 1068 Tunberry Court, Mechanicsburg, Pennsylvania 17055, with their mother and father. 5. The mother of the children is Lynne A. Bower, currently residing at 314 3rd Street, New Cumberland, Cumberland County, Pennsylvania. She is single. 6. The father of the children is Stephens C. Bower, currently residing at 1068 Tunberry Court, Mechanicsburg, Cumberland County, Pennsylvania. He is single. 7. The relationship of Defendant/Petitioner to the children is that of father. The Defendant/Petitioner currently resides alone. 8. The relationship of Plaintiff/Respondent to the children is that of mother. The Plaintiff/Respondent currently resides with the following persons: NAM Blaine Stephens Bower Son Quinn Peters Bower Son 9. Defendant/Petitioner has participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this Court. A copy of the current Order of Court is attached hereto and incorporated herein by reference as Exhibit "A." Defendant/Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth other than this ongoing action. Defendant/Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. The children have recently entered school which requires the current custody arrangement to be restructured to provide the Defendant/Petitioner with appropriate access to the children. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests the Court to modify the current Order of Court to provide Defendant/Petitioner with the appropriate access to the children as is in the best interest of the children. Respectfully submitted, DALEY LAW OFFICES JCathleen Carey Dal yJ Attorney No. 3007811 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant/Petitioner VERIFICATION Upon my personal knowledge, information and belief, I, Stephens C. Bower, do hereby verify that the facts averred and statements made in the foregoing Petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C,S.A. §4904 relating to unsworn falsification to authorities. Date:- 121P By:. C, xcuW - ST HENS C. BOWER Jl? ?;x LYNNE A. BOWER, Plaintiff VS. STEPHENS C. BOWER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6313 CIVIL TERM : CIVIL ACTION - LAW : CUSTODY BRER OF COURT AND NOW, this O day of ?„ Q?,, 19 9 ,, upon consideration of the attached Custoay Conc 1 atiot, it is ordered and directed as follows: . 1. The Mother, Lynne A. Bower, and the Father, Stephens C. Bower, shall have shared legal custody of Blaine Stephens Bower, born January 18, 1993, and Quinn Peters Bower, also born January 18, 1993. Children. The Mother shall have primary physical custody of the 3. The Father shall have partial physical custody of the Children on alternating weekends, beginning December 19, 1997, from pick up at daycare after work on Friday through delivery to daycare at 8:00 a. m. on Monday. During weeks when the Father has custody of the Children on the immediately following weekend, the Father shall have custody of the Children on Wednesday evenings (beginning January 14, 1998) from pick up at daycare after work through 8:00 a.m. on Thursday morning. During weeks when the Father does not have custody on the immediately following weekend, the Father shall have custody of the Children on Tuesday (beginning January 6, 1998) and Thursday (beginning January 8, 1998) evenings from pick up at daycare after work until 8:00 p.m. on the same evening. Beginning in April 1998, the Father's period of custody on either Tuesday or Thursday shall be extended through the following morning at 8:00 a.m. when the Father shall transport the Children to daycare. 4. The parties shall share or alternate having custody on holidays as follows: A. CHRISTMAS: 1. The Mother shall have custody of the Children over the Christmas holiday in every year from pick up at daycare, or 6:00 p.m. if the Children are not in daycare, on December 23 through 1:00 p.m. on Christmas Day. 2. The Father shall have custody of the Children over the Christmas holiday in every year from 1:00 p.m. on Christmas Day through 1:00 p.m. on December 27, except that this period of custody shall be extended to 6:00 p.m. in the event that the Mother is working on that day and the Father is not working. 3. The Mother shall have custody of the Children during the period from December 27 at 1:00 p.m. (or 6:00 p.m. if the Father's period of custody is extended as set forth in the above subparagraph) through pick up after daycare, or 6:00 p.m. if the children are not in daycare, an December 30. 4. The Father shall have custody of the Children from pick up after daycare, or 6:00 p.m. if the Children are not in daycare, on December 30 through delivery to daycare at 8:00 a.m. on January 2, or through 10:00 a.m. if the Mother is not working on that day. B. EASTER: The Mother shall have custody of the Children on Easter each year from Easter Sunday at 9:00, a.m. through delivery to daycare on Monday morning. C. ALTERNATING HOLIDAYS: The Father shall have custody of the Children on July 4 and Thanksgiving Day in even numbered years and on Memorial Day and Labor Day in odd numbered years. The Mother shall have custody of the Children on July 4 and Thanksgiving Day in odd numbered years and on Memorial, Day and Labor Day in even numbered years. The Memorial Day and Labor Day holiday periods shall. include the entire weekend from Friday evening pick up at daycare after work through Monday evening at 6:00 p.m. The 4th of July holiday shall begin at 9:00 a.m. on the holiday and end upon delivery to daycare at 8:00 a.m. on July 5th, unless the holiday falls on a Friday, Saturday, Sunday or Monday, in which case it shall include the entire holiday weekend. The Thanksgiving holiday shall include the period from pick up at daycare after work on Wednesday through Friday at 8:00 p.m. D. MOTHER's DAY/FATHER'S DAY: The Mother shall have custody of the children every year on Mother's Day from 9100 a.m. until 6:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 6:00 p.m. 5. Each party shall be entitled to have custody of the Children for fourteen (14) days of vacation (with no more than seven (7) days to be taken consecutively). The parties shall agree upon the summer vacation schedule by May 31 each year. In the event of any conflict, the party choosing his or her vacation days first shall have precedence. Vacation days under this provision shall be scheduled so as not to interfere with the alternating weekend schedule. In the event that a party selects seven (7) consecutive days, the period shall include that party's regular weekend period. 6. In the event that either party intends to take the Children out of town for an overnight period or longer, that party shall provide the other party with notice of the plans and an address and telephone number where the Children can be contacted. 7. In the event either party believes that extension of the Fathers periods of partial custody on either Tuesday or Thursday in April 1998 to include an overnight period would be detrimental to the Children after experience with the Wednesday periods of overnight custody beginning January 14, 1998, counsel for either party may contact the Custody Conciliator to schedule an additional Conference to address the issue prior to institution of the additonal overnight periods under paragraph 3 of this Order. 8. 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 agreement. In the absence of mutual agreement, the terms of this order shall control. BY THE OOURT, J A I ac J. cc: Constance B. Brunt, Esquire - Counsel for Mother Kathleen C. Daly, Esquire - for the Father TRUE COPY FROM RECORD In Test!manv if, I h,:r, unto sot my hand and the seal o; said Court at Carlish, Pa. This -.4-IL- day of...kr. ....., 19..9'l,. ?........... ... Ct ..... ,1e44? ............ Prothonotary LYNNE A. BOWER, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 97-6313 CIVIL TERM STEPHENS C. BOWER, CIVIL ACTION - LAW Defendant CUSTODY CUSTODY C0NCCILLATICN SOr17ARY REP(W IN ACCORDANCE WITH CUMBERLAND COUNTY RME OF CIYII. 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 BImR CSIIIIRENTLY IN CUSTODY OF Blaine Stephens Bower January 18, 1993 Plaintiff/Mother. Quinn Peters Bower January 18, 1993 Plaintiff/Mother 2. A Conciliation Conference was held on December 17, 1997, with the following individuals in attendance: The Mother, Lynn A. Bower, with her counsel, Constance P. Brunt, Esquire, and the Father, Stephens C. Bower, with his counsel, Kathleen C. Daley, Esquire. 3. The parties agree to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator I i j i I i Cri II r i v, ill. u c i m -I rr. i J D _ m v V1 DALEY IAW OFFICES 1029 SCENERY DRIVE HARRISBURG, PENNSYLVANIA 17109 (711) 657.4795 LYNNE A. BOWER, Plaintiff VS. STEPHENS C. BOWER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6313 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT MID NOW, this _ Z?_ day of consideration of the attached custody and directed as follows: 1999, upon Conc 1 at on Report, t is ordered 1. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated December 23, 1997 shall continue in effect. 2. The parties shall submit themselves and their minor Children to a custody evaluation to be performed by Arnold Shienvold, PhD. or other professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain professional recommendations concerning development of a coparenting plan. The parties shall have an opportunity to pursue mediation, if they so desire, prior to receipt of the evaluator's written recommendations. The parties shall equally share the responsibility for payment of all costs of the evaluation/mediation. 3. In the event either party is unavailable to provide care for the Children for an overnight period or longer during his or her period of custody, that party shall first contact the other party to offer the o pportunity to have custody of the Children prior to conhacting third party caregivers. _- BY THE COURT] J. cc: Constance B. Brunt, Esquire - Counsel for Mother Kathleen C. Daley, Esquire - Counsel for Father f, 09 F!O%? z l= P';; I I: 18 P04j,";fUMN A LYNNE A. BOWER, Plaintiff VS. STEPHENS C. BOWER, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6313 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 CURRENTLY IN CUSIUDY OF Blaine Stephens Bower January 18, 1993 Mother Quinn Peters Bower January 18, 1993 Mother 2. A Conciliation Conference was held on November 17, 1999, with the following individuals in attendance: The Mother, Lynne A. Bower, with her counsel, Constance P. Brunt, Esquire, and the Father, Stephens C. Bower, with his counsel, KathL2en C. Daley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. IvuttIh. 6w-1 ? ;40 / 7 7 ?- ?F?V Cyr r/all Date Dawn S. Sunday, Esquire Custody Conciliator ???> .. . . ,.., ,, ?`c ? ; ?;. ; ? ? , ,? . ??i . . 1 '. q l ` . ? ' 1?' _ ? ??? , 7 ; ??1 .! ? J? ? ? b 44 2 v NOV$8 Loa Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 (FAX) (717) 232-0255 cpbrunt0CPBruntLaw.com Attorney for Plaintiff LYNNE A. BOWER, Plaintiff V. STEPHENS C. BOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-6313 CIVIL TERM IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff, LYNNE A. BOWER, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and represents as follows: 1. The Plaintiff is LYNNE A. BOWER, residing at 900 Second Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is STEPHENS C. BOWER, residing at 1068 Tunberry Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and Defendant are the natural parents of QUINN PETERS BOWER (1/18/93) and BLAINE STEPHENS BOWER (1/18/93). 4. By Order entered on December 23, 1997, by the Honorable Edgar B. Bayley, P.J., Blaine and Quinn are in the primary physical custody of their mother, Plaintiff, LYNNE A. BOWER. A true and correct copy of said Order Of Court is attached hereto and made a part hereof. 5. Pursuant to the said Order, Defendant, STEPHENS C. BOWER, enjoys periods of partial custody with the children. 6. The children are currently juniors at Cedar Cliff High School, where they participate in the varsity football and baseball teams. 7. Plaintiff very recently learned from the Cedar Cliff High School football coach that Defendant, STEPHENS C. BOWER, has made plans to take the children out of school for three days, to take them out of an upcoming football game in which they are committed to play, and to take them out-of-state to participate in a baseball tournament in Florida from October 22, 2009 through October 26, 2009. 8. Although Plaintiff and Defendant share legal custody of the children as set forth in the Order dated December 23, 1997, Defendant has secreted this plan from Plaintiff and has not discussed it with her at any time. 9. Further, when Plaintiff spoke with the children about what the football coach had told her, they were well aware of the planned trip and indicated that their father had encouraged them not to share that information with their mother. 10. Paragraph 6 of the Order of December 23, 1997, specifically provides that any party intending to take the children out of town for an overnight period or longer is required to provide notice of those plans, together with an address and telephone number where the children may be contacted. Defendant has failed to comply with this provision to date, despite the fact that this reported trip is to occur within 2 weeks. -2- 11. Although Defendant is scheduled to have partial custody during the weekend from Friday, October 23, 2009, following school until Monday, October 26, 2009, at the start of school, Defendant has apparently without consultation with Plaintiff assumed an extension of that time and has made plans to take the children out-of-state and out-of-school on an unexcused absence, including during Plaintiff's custodial period. 12. Plaintiff has also learned from the football coach that he and his coaching staff have declined to grant permission for the children to miss the football game because they are an integral and important part of the small team and because allowing them to do so would negatively impact on their teammates and set an undesirable precedent. The head coach has indicated that the children will be dropped from the team if they do not appear for the game because of this unauthorized trip. 13. The children have made important commitments to the football team and to its coaching staff for this high school season. Plaintiff believes that it is important for the children to learn the importance of following through on their commitments and accepting personal responsibility for those decisions. 14. Contrary to the terms of the Order dated December 23, 1997, Defendant is making unilateral decisions of major importance related to the children, without disclosure to or consultation with Plaintiff and is manipulating the children into assisting him in actively concealing important information from their mother. 15. Plaintiff is strongly opposed to removing the children from school on an unexcused absence and to permitting or encouraging the children to ignore their commitments to the school's football team and coaches in order to attend the baseball tournament as planned by Defendant. 16. Pursuant to Pa.R.C.P. 1915.13, Plaintiff seeks emergency relief from the Court, directing Defendant to comply with the terms of the Order dated December 23, -3- 1997, and prohibiting him from removing the boys from school and taking them to Florida for this tournament. Plaintiff further requests that Defendant be prohibited from unilaterally making plans and decisions of this nature for the children at any time in the future, reiterating that all changes to the custodial schedule and all major decisions involving the children must be made by mutual agreement of the parties. 17. Due to the extremely limited time prior to the planned trip October 22, 2009 through October 26, 2009, Plaintiff respectfully requests the scheduling of a hearing before the Court as soon as possible to address this matter. 18. Defendant was previously represented in this matter by Kathleen Carey Daley, Esquire, who is no longer actively practicing law. He has been recently represented in support proceedings by Quintina M. Laudermilch, Esquire, of Attorney Daley's prior law firm. Plaintiff's counsel contacted Attorney Laudermilch regarding this matter and sought concurrence in the relief requested pursuant to C.C.R.P. 208.2(d), but Attorney Laudermilch was not able to respond because she had not been retained to represent Defendant in these custody proceedings and did not know whether he would desire her representation. To date, Attorney Laudermilch has not contacted Plaintiff's counsel to indicate that she is representing Defendant in this matter, but a courtesy copy of this Petition has been provided to her as set forth in the attached Certificate of Service. Respectfully submitted, 2-2?CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 (FAX) (717) 232-0255 cpbrunte-CPBruntLaw. com Attorney for Plaintiff -4- VERIFICATION I verify that the statements made in the foregoing Petition For Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: /a/4/c) 9 kl&a LYNNE A?fiOWER, Plaintiff -5- CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the 7/4- day of OC_7--- , 2009, 1 served a true and correct copy of the foregoing Petition For Emergency Relief by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Stephens C. Bowers 1068 Tunberry Court Mechanicsburg, PA 17050 Courtesy Copy was also sent via telefax and first-class mail to: Quintina M. Laudermilch, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 (FAX) (717) 232-0255 cpbrunt _CPBruntLaw.com Attorney for Plaintiff -6- i LYNNE A. BOWER Plaintiff vs. STEPHENS C. BOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-6313 CIVIL TERM e CIVIL ACTION - LAW CUSTODY ORDER OF COURT AMID NDN1? this `?23 day of "I w4d-* , 19 97, upon consideration of Me attached Custody Conciliation Report, it s ordered and directed as follows: 1. The Mother, Lynne A. Bower, and the Father, Stephens C. Bower, shall have shared legal custody of Blaine Stephens Bower, born January 18, 1993, and Quinn Peters Bower, also born January 18, 1993. Children. 2. The Mother shall have primary physical custody of the 3. The Father shall have partial physical custody of the Children on alternating weekends, beginning December 19, 1997, from pick up at daycare after work on Friday through delivery to daycare at 8:00 a.m. on Monday. During weeks when the Father has custody of the Children on the immediately following weekend, the Father shall have custody of the Children on Wednesday evenings (beginning January 14, 1996) from pick up at daycare after work through 8:00 a.m. on Thursday morning. During weeks when the Father does not have custody on the immediately following weekend, the Father shall have custody of the Children on Tuesday (beginning January 6, 1998) and Thursday (beginning January 8, 1998) evenings frcm pick up at daycare after work until 8:00 p.m. on the same evening. Beginning in April 1998, the Father's period of custody on either Tuesday or Thursday shall be extended through the following morning at 8:00 a.m. when the Father shall transport the Children to daycare. 4. The parties shall share or alternate having custody on holidays as follows: A. CHRISTMAS: 1. The Mother shall have custody of the Children over the Christmas holiday in every year from pick up at daycare, or 6:00 p.m. if the Children are not in daycare, on December 23 through 1:00 p.m. on Christmas Day. 2. The Father ahall have custody of the Children over the Christmas holiday in every year from 1:00 p.m. on Christmas Day through 1:00 p.m. on December 27, except that this period of custody shall be extended to 6:00 p.m. in the event that the Mother is working on that day and the Father is not working. 3. The Mother shall have custody of the Children during the period from December 27 at 1:00 p.m. (or 6:00 p.m. if the Father's period of custody is extended as set forth in the above subparagraph) through pick up after daycare, or 6:00 p.m. if the Children are not in daycare, on December 30. 4. The Father shall have custody of the Children from pick up after daycare, or 6:00 p.m. if the Children are not in daycare, on December 30 through delivery to daycare at 8:00 a.m. on January 2, or through 10:00 a.m. if the Mother is not working on that day. B. FASTER: The Mother shall have custody of the Children on Easter each year from Easter Sunday at 9:00, a.m. through delivery to daycare on Monday morning. C. ALTERNATING HOLIDAYS: The Father shall have custody of the Children on July 4 and Thanksgiving Day in even numbered years and on Memorial Day and Labor Day in odd numbered years. The Mother shall have custody of the Children on July 4 and Thanksgiving Day in odd numbered years and on Memorial. Day and Labor Day in even numbered years. The Memorial Day and Labor Day holiday periods shall include the entire weekend from Friday evening pick up at daycare after work through Monday evening at 6:00 p.m. The 4th of July holiday shall begin at 9:00 a.m. on the holiday and end upon delivery to daycare at 8:00 a.m. on July 5th, unless the holiday falls on a Friday, Saturday, Sunday or Monday, in which case it shall include the entire holiday weekend. The Thanksgiving holiday shall include the period from pick up at daycare after work on Wednesday through Friday at 8:00 p.m. D. MOTHER'S DAY/FATHER Is DAY: The Mother shall have custody of e Child an every year on mother's Day from 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 6:00 p.m. 5. Each party shall be entitled to have custody of the Children for fourteen '(14) days of vacation (with no more than seven (7) days to be taken consecutively). The parties shall agree upon the summer vacation schedule by May 31 each year. In the event of any conflict, the party choosing his or her vacation days first shall have precedence. Vacation days under this provision shall be scheduled so as not to interfere with the alternating weekend schedule. In the event that a party selects seven (7) consecutive days, the period shall include that party's regular weekend period. 6. In the event that either party intends to take the Children out of town for an overnight period or longer, that party shall provide the other party with notice of the plans and an address and telephone number where the children can be contacted. 7. in the event either party believes that extension of the Father's periods of partial custody on either Tuesday or Thursday in April 1998 to include an overnight period would be detrimental to the Children after experience with the Wednesday periods of overnight custody beginning January 14, 1998, counsel for either party may contact the Custody Conciliator to schedule an additional Conference to address the issue prior to institution of the additonal overnight periods under paragraph 3 of this Order. 0. 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 agreement. In the absence of mutual agreement, the terms of this order shall control. BY THE CDtMT, cc: Constance B. Brunt, Esquire - Ccrunsel for Mother Kathleen C. Daly, Esquire - for the Father TRUE COPY FROM RECORD In ?estlmanv -l, i h? r^ ur+to sat my hand and the seal o; said Court at Carlisb, Pa. this ....41 .. day of....?r .., .., 19--?T ............ Prothonotary FiLE-? =ia:r OF THE F ?Py 26C9 GLT - 7 AM 9: 2 3 .? °1 a csu ou 012009 h Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 (FAX) (717) 232-0255 cpbrunt(aaCPBruntLaw.com Attorney for Plaintiff LYNNE A. BOWER, Plaintiff V. STEPHENS C. BOWER, Defenda6t : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 97-6313 CIVIL TERM : IN CUSTODY RULE TO SHOW CAUSE AND NOW, this day of 00_t6ttfk , 2009, upon consideration of the Petition For Emergency Reli?f filed by Plaintiff, LYNNE A. BOWER, herein, A RULE is hereby issued upon Defendant, STEPHENS C. BOWER, to show cause, if any he has, why tho relief requested therein should not be granted. c? RULE RETURNABLI? at a hearing scheduled for ?-A .uo o'clock m. on the ?`?` day of October, 2009, in Courtroom No. t-), Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. Distribution: Attorney For Plaintiff: 1'Deleant pro se: Constance P. Brunt, Esquire Stephens C. Bower Beaufort Professional Center 1068 Tunberry Court 1820 Linglestown Road Mechanicsburg, PA 17050 Harrisburg, PA 17110-3339 (717) 232-7200 FAX: (717) 232-0255 Email: cpbrunt@CPBruntLaw.corn Courtesy Copy to: Quintina M. Laudermilch, Esquire Daley Zucker Meilton Miner & Gi grich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 FAX (717) 657-4996 E-mail: taudermilch@dzmmglavi .com 1 igla f op -2- ILED-O?HCE ?/ lH_ Fir- -Ir' '10TA'R 2009 OCT -7 PM b: 20 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 (FAX) (717) 232-0255 cpbruntACPBru ntLaw.com Attorney for Plaintiff LYNNE A. BOWER, Plaintiff V. STEPHENS C. BOWER, Defendant TO: Curtis R. Long, Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-6313 CIVIL TERM IN CUSTODY PRAECIPE Please withdraw the Petition For Emergency Relief filed by the Plaintiff in the above matter on October 7, 2009. Respectfully submitted, Gf: 77i??L CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 (FAX) (717) 232-0255 cpbrunta-CPBruntLaw com Attorney for Plaintiff -2- CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the ?/ day of 2009, 1 served a true and correct copy of the foregoing Praecipe by telefax at (717) 657-4996 and by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Quintina M. Laudermilch, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 jet CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 (FAX) (717) 232-0255 cpbrunt CPBruntLaw com Attorney for Plaintiff -3- ?iLE? ? ?rt c F '^7APY O 2 C'1° 0CCT 14 Psi 1 2: ? 13