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Home My WebLink About99-02683 " ',,: :...... ;.\.< . .:.; :....' :>,",~.,:,:,\~:,~:.:, :,:.:.; ......,;:::~:,,:'0,:~.: :"::,,: ,\:::. ",'~ < .'.:.'.:' (< \.~: i",' "" '.... ~.:.:"~...'.:,; ANnREW w. BOWlE, PLAINTIFF, : IN THE COURT OF COMMON PI.EAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . : NO, 99 - o?t,r ~ CIVIL TERM SHERRY A, BOWIE, DEFENDANT. : CIVIL ACTION - CUSTODY ORDER AND NOW, this lr-, day of ~ ,1999, upon cottsideration of the attached petition, it is hereby directed that the parties and lheir espcctive counsel appear before ~~ ' Es uirc, the conciliator. at :3,cJ W. \-1, ' , \,-,<(rlrlf\i, c..Yl ~ ,on the..JQ day of , 1999, at: M. for a Pre-Hearing Custody Conference At such conference, an e ort will be made to rcsolve the issues in dispute; or if this cannot be accomplishcd, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children agc five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary 01' permanent order. By the Court, By:-clJ\"", J\. Jl\L~,%, Custody Conciliator l ."1 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, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-:<49-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 lbe Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about ac.cessiblc facilities and reasonable accommodations available to disabled individuals having business before the COttrt, please contact our office. All arrangements must bc made at least 72 bours prior 10 any hearing or busincss bcfore the court. You must attcnd the scheduled conference or hL'3ring. :, ",'.< : '> ':.. ',." :--, ,. '. I, :,,' ( ',~~ ~' " ~ :' .?",': ,,';> ~;, ~" ,;,;~ '"', j': ,::~:' .~\~~,.l.~,\",~'.;\\~(.~,'. ;;~ ':>, :~',.'~' , I" \'., .... " .~ '>:<'1 :, ..... .,: "',"\ ',': ':. ':', '" :,~ ': ",.. :'" :,' ANDREW W. BOWIE, PLAINTIFF, : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. 99 - ,1.(. PJ CIVIL TERM SHERRY A. BOWIE, DEFENDANT. : CIVIL ACTION - CUSTODY I I I I I i ! ' COMPLAINT IN CUSTODY AND NOW, comes the Plaintiff, Andrew W, Bowie, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, and files this Complaint in Custody making the following statement: I. The Plaintiff is Andrew W. Bowie, an adult indi\~dual currently residing at 13 I I I I I. i.. I I Dartmouth Court, Mechanicsburg, Pennsylvania 17055. 2. The Defendant is Sherry A. Bowie, an adult individual residing at 524 West Main Street, Mechanicsburg, Pennsylvania 17055. 3. The parties arc the natural parents of one (I) minor child, namely Jeremy E. Bowie, born May 7, 1986. 4. The parties are divorced. 5. On February 14, 1995, a custody conciliation was held before Dawn S. Sunday, Esquire, resulting in an Order of Court whereby the parties have shared legal custody of their minor child, and the Dcfendant, ShL'lT)' A. Bowic, has enjoyed primary physical custody, w~th the Plaintiff, Andrew W. Bowie, enjoying periods of partial physical custody. l , ; ',: ", >''' ," ....~.<_...,l:\,<!, 'l'~J:"" ':""'''I,,_',.).'2n,~<_::''.;I,~.''::1,'I.'~I'''';;'I';r.~':;';''..~,':;:~~',:~'~/.:::",.:.,;': l:"':::-:::,I',~':_', \'>.,'., . ,,',; ,.\(,~' --. 12. The Plaintiff has no infonnation of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. The Plaintiff does not know of a person not a party to lhe proceedings who has physical custody of the child or claims to have custody or visitation lights with respect to the child. 14. Each parent whose parental rights to the minor child have not been tenninated and the person who has physical custody of the child has been named as parties to this action. 15. During recent weeks and months, the Defendant has been in violation of the current Custody Order by refusing custody of the minor child to the Plaintiff at the times and places as specified in said Order. 16. TIle Plaintiff believes and therefore avers that it is within the best interest of the minor child that he have shared physical custody at such times and places as may be appropriate, WHEREFORE, the Plaintiff, Andrew W. Bowie, respectfully requests that he be granted shared physical custody of the minor child. Respectfully submitted, IRWIN, McKNIGHT & HUGHES .. - _......_~../ ..-- ~~ . /" anicl . DeArment. Esquire .. 60 W t PomfTet Street Carlisle, PA 17013 717-249-2353 Supreme Court J.D. # 77946 Attorney for the Plaintiff Andrew W. Bowie Dated: /~'.;~/. , / ....L.:., 1999 .' ",'." ,,:' ;'"~,, ~'.~~~ ,'-,~,; '~\",:~', .: ',:.!" '<"":" . , " ) , c' " ~ " ,,'j " . ~ i .../' ~ ' " ... :. :.),:' , /1 " . ,~ ' , "" " ;,' ; 1 ,..~',,' ~.' ' .. .' '. -.:z-. -+ ?f >- ('I [; flj pd cr' V> i ~ "".~ ..:J .-,,- .. ..- ~ U J~~; - i~~~~~ t. ) ~. \ f. r-g F~:~' u... C; ~~" & \) ~ ~ f)I:' ., ...... , ~ ::-. ~.~:) 0 ['f.... In " ~ ;.z~ 8 t.; .;:'\1', I , .. (,) 1 [i:l .r- , i . ' '~!: a b;.. ~ =:tl ~.. '- ~,;.'~ I ~_. cr, 'j r;j c:::i. <..) <J' U "" ,,' .:-\' ",', "" " ,',\, \~ " ,\' I . . . .'. .....:. " ',:\;',.~'...'\ '..' '-:-<'~'. ....,;'::.'. ..':~,:.:: :'~.'.'..' <. ."'. ,.".. .: ': - ANDREW W. BCmIE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-2683 CIVIL TERM . . SHERRY A. BCWIE, . CIVIL ACTION - LAW . Defendant IN CUSTODY OODER OF CXXlRT . J~ AND 1m, thls I" consideration of the attached and directed as follows: day of ~ Custody C cllia ion , 1999, upon Repo!:'t, it is o!:'de!:'ed 1. 1lle pdor Orde!:' of this Cou!:'t dated February 22, 1995 shall continue in effect as modified by this Order. 2. The pa!:'ties shall attend a minimum of 4 counseling sessions with a professional selected by agreement of the parties and counsel. The purpose of the counseling shall be to assist the pa!:'ties in developing communication and co-parenting skills which will enable them to effectively manage a custody schedule. The Father shall be responsible to pay for any unreimbursed costs of the counseling. 3. Pending the scheduled Conciliation Conference and without prejudice to the Mother's position in support of continuing the prior custody schedule, the Fathe!:' shall have partial custody of the Child on alternating Thursdays fran 4:00 p.m. until 8:30 p.m., beginning July 8, 1999 and also on alternating weekends from 1llursday at 4:00 p.m. through the follo....ing Monday at 8:30 p.m., beginning 'l'hursday, July 15, 1999. 4. The pa!:'ties and their counsel shall attend an additional CUstody Conciliation Confe!:'ence in the office of the Conciliator, Dawn S. Sunday, Esqui!:'e, on Tuesday, August 24, 1999 at 9:00 a.m. BY THE '" J. cc: Marcus A. MCKnight, III, Esqui!:'e and Ma!:'k Schwa!:'tz, Esquire - Counsel for Father Jan Tez:pening - For ~lother C~~ ".~0A. '7/,,,Jqfj., ....~. 1 . d . ANDREW W. ro~IE, : IN THE COURT OF 0A'>lM0N PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-2683 CIVIL TERM . . SHERRY A. Ba-lIE, CIVIL AcrION - LAW Defendant : IN CUSTODY CUS'IOOY aH:ILIATICN SlH!ARY REPCRr m ACCXlUlI\NCE WITH CDmERr.ANo <XlWrY RlJLE OF CIVIl. PROCE:lXJRE 1915.3-8, the undersi9n~ Custody Conciliator submits the following report: 1. The pertinent information concerning the Child 1Jh0 is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRl'NrLY m CllS100Y OF Jeremy E. Bowie May 7, 1986 Mother 2. A Conciliation Conference was held on July 6, 1999, with the following individuals in attendance: The Father, Andrew W. Bowie, with his counsel, Marcus A. MCKnight, III, Esquire and Mark Schwartz, Esquire, and the Mother, Sherry A. Bowie, with her representative, Jan Terpening. 3. The parties agreed to entry of an Order in the form as attached. DatM 7. / 7 ~ 9 . ca-v-~J-L~ Dawn s. Sunday, Esquire Custody Conciliator ANDREW W. BOWIE, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : vs. : NO. 99-2683 CIVIL TERM SHERRY A. BOWIE, Defendant . . : CIVIL ACTION - LAW IN CUSTODY . . aIDBR OF <XXJRT AND 1Oi, this .3/57 day of AU-Gu.s:f consideration of the attached Custody Conciliation Report, and directed as follows: , 1999, upon it is ordered 1. The prior Orders of this Court dated February 22, 1995 and July 14, 1999 are vacated and replaced with this Order. 2. The parties shall continue to participate in a course of counseling which they have initiated through Tressler Lutheran Services. The purpose of the continued counseling shall be to assist the parties in developing cCllmnmication and co-parenting skills which will enable them to effectively manage a custody schedule. The Mother shall be responsible to pay one-half of the unreimbursed costs of each counseling session or $20.00 per session, whichever amount is less. The Father shall be responsible to pay all remaining unreimbursed costs of counseling. The parties shall continue with the course of counseling until the counselor deteonines that no further sessions are necessary or until the Father's insurance coverage teoninates. 3. The Father, Andrew W. Bowie, and the Mother, Sherry A. Bowie, shall have shared legal custody of Jeremy Bowie, born May 7, 1986. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child inClUding, but not limited to, school and medical records and information. To the extent that one parent has possession of afll' such records and information, that parent shall be required to share the same, or copies thereof, with the other parent l.-ithin such reasonable tilll? as to make the records and information of reasonable use to the other paren t. 4. The Mother shall have primary P"tysical custody of the Child. 5. The Father shall have partial P"tysical custody of the Child on ... \\ alternating weekends from Friday at 4:00 p.m. through the following Monday at 8:00 p.m. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Child on Thursday from after school until 8:00 p.m. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Monday from after school until 8:00 p.m. For purposes of this provision, the Father shall piCk up the Child, along with the Child's clothes and school materials on the Fridays pt"eceding the Father I s weekend period of custody at the Mother's residence. On the Thursday and Monday periods of weekday custody, the Child shall take the bus from school to the Father's residence. At the end of all the periods of partial custody under this provision the Father shall return the Child along with the Child's clothing and school materials to the Mother's residence. The alternating weekend custody schedule shall begin on Friday, August 27, 1999 when the parties shall exchange custody of the Child at the school open house. 6. The parties shall share having custody of the Child on holidays as follows: A. CIIRIS'lloIAS: The Father shall have custody of the Child every year on Christmas Eve from 1:00 p.m. until 8:00 p.m. and the Mother shall have the custody of Child from 8:00 p.m. on Christmas Eve through Christmas Day at 8:00 p.m. B. TllANKSGIVING: In every year, the Father shall have custody of the Child on Thanksgiving Day from 1:00 p.m. until 8:00 p.m. C. KY.l'fJER'S Dl\Y/FATHER'S MY: The Mother shall have custody of the Child every year on Mother's Day from 1:00 p.m. until 8:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 1:00 p.m. until 8:00 p.m. D. The parties shall have custody of the Child over the remaining holidays, not specified in this Order, in accordance with the regular custody schedule unless otherwise agreed between the parties. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Each party shall be entitled to have custody of the Child during each surrrner school break for 2 non-consecutive weeks upon providing a minimum of 2 weeks advance notice to the other party. Each party shall schedule the periods of vacation custody under this provision to include his or her n."gular weekend period of custody. In the event either party removes the Child f!:'OD his or her residence for vacation, that par-ty shall provide to the other pa!:'ty an addn:ss and telephone number ,,>here the Child can be r-eached. 8. This Oraer- is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the p!:'ovisions of this Order by rutual consent. In the absence of mutual consent, the terms .:.-::. :: .:'.' :",'.:,',:,.' ",:,:' . :':.,: ' ,'" '.:';:\ ;,:'. ::i~~':':;,~,::',:\' .,:,::<.~;.:~;~,:::::>,;~~::;~>...{ ,.....;' ::::,;:,',:!':. '}',~:,:,' ';:;,' .:'.,.-:'.:' ;...: ": " ,,':'. ., , 'I; \; '.,' , . -. of this Order shall control. BY THE Guido, -fldwJ.mw1;1 9-/ -9 q RK EdWard E. cc: Mark Schwartz, Esquire - Counsel Jan Terpening - for Mother for Father ANDREW W. llOOIE, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 99-2683 CIVIL TERM : SHERRY A. llOOIE, Defendant : CIVIL ACTION - LAW : IN CUSTODY PlUOO JUDGE: Edw-dJ:d E. Guido Cl5'lOOY COOCILIATlOO S{I'JMARY REPCRr IN Aa:nIDI\NCE wrm CDlBERLAND CXXNl'Y RULE OF CIVIL PR<lCEDURE 1915.3-8, the undersigned CUstody Conciliator submits the fOllowing report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTfI CDRRml'Ly IN Cl5'lOOY OF Jeremy Bowie May 7, 1986 Mother 2. A Conciliation COnference was held on August 24, 1999, with the fOllowing individuals in attendance: The Father, Andrew W. Bowie, with his counsel, Mark S<::hwartz, Esquire, and the Mother, Sherry A. Bowie, with her representative, Jan Terpening. 3. 'Ihe parties agreed to entry of an Order in the form as attached. 1:fv~'\A/)~ (-J l/ I '179 Date 7J '7 rfl~~~ Dawn S. Sunday, Esquir.e CUstody Conciliator. -. , . ~;:i m~ffi lilgE-l~ ~ "" :g ~-.1:S 88 '" "".B - 0 i~EI~ Ii-I ..., I:J ttt 0 r- Ii-I iii ~i 5~~~- _Utl~ .... l& = , "';:1; ..., '0 l&-" c . c . e;: '1=3 t:lO ~ H~ - .... Ul - Q) ~I l;>( . '" ::;: ~ [1) g,j~8 fill1l fil"-' ~ '" .E ~~ > H8 :: ~ V; ~ ~ I '" = C ~._ !J~g~ ;.: .a Q a ~ttt:::O\.c . . lllm!Jl",~ ~ .0: ::;: fM . ~ ~ 81I1~ ~~ ~ :z: ~ ,