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HomeMy WebLinkAbout03-5614 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 03 -Sl.IY C~'ll~~ : CIVIL ACTION - LAW : CUSTODY BARBARA BOWNE, Plaintiff v, TONY BOWNE, COMPLAINT FOR CUSTODY 1, The Plaintiff is Barbara Bowne, residing at 62 A Old Stonehouse Rd, S, Carlisle, PA 17013, 2. The Defendant is Tony Bowne, residing at 2101 Sandy Run Drive, Gaston, SC 29053. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE 1 Steven Anthony Bowne 62 A Old Stonehouse Rd. S Carlisle, PA 17013 The child was not born out of wedlock. The child is presently in the custody of the Plaintiff, Barbara Bowne, who resides at 62 A Old Stonehouse Rd, S, Carlisle, PA 17013 . During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE 9/17/02 - 11/1/02 Tony Bowne, Barbara Bowne Steve Mesick 2101 Sandy Run Dr. Gaston, SC 29053 125 Sangston Ave, Masontown, PA 15461 12 Maple Lane Newville, PA 17241 11/2/02 - 1/15/03 Barbara Bowne, Chris Akers, Robert Akers, and Anna Coffield Barbara Bowne, Tony Bowne, Sharon Devore, James Devore, and Jenna Devore 1/15/03 - 4/15/03 NAME RESIDENCE DATE 4/15/03 - 6/1/03 Barbara Bowne and Tony Bowne 62 A Old Stonehouse Rd, S Carlisle, PA 17013 Barbara Bowne 62 A Old Stonehouse Rd. S Carlisle, PA 17013 The mother of the child is the Plaintiff, Barbara Bowne, currently residing 6/1/03 - present at 62 A Old Stonehouse Rd, S, Carlisle, Cumberland County, PA 17013. She is married to the Defendant. The father of the child is the Defendant, Tony Bowne, currently residing at 2101 Sandy Run Drive, Gaston, SC 29053. He is married to the Plaintiff. 4, The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Steven Bowne Son 5, The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Steve Mesick Friend 6, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the 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 The Plaintiff has been the primary caregiver of the child since the child's birth, B, The father departed the marital residence on or about June 1, 2003, and departed the Commonwealth of Pennsylvania on or about June 28, 2003, and has seen the child sporadically since that time, C, The child has formed a bond with Plaintiff/mother which, if disrupted, would be to the great detriment and harm of the child, 8, Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child, Respectfully submitted, Dat()(~(~-3);;to~ F. King, Esq ir 60 N, Second Stre enthouse Suite P,O. Box 984 Harrisburg PA 17108 (717) 236-8000 Attorney for Plaintiff k/p:domestic\bowne.cus VERIFICATION I, Barbara Bowne, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief, I understand that any false statements herein are made subject to penalties of 18 Pa, C.S, Section 4904, relating to unsworn falsification to authorities. 19~~ Barbara Bowne Dated:O~ d-?/ ~D'3 7J (-:) iQ -- #--'i -- >> '" - & - ~ "is -- (f,; - ~ (N ~ 1:: ---t- BARBARA BOWNE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 03-5614 CIVIL ACTION LAW TONY BOWNE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Th rsda , October 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street Lemo ne, P A 17043 on Tnesday, December 02, 2003 , the concili tor, at 9:30 for a Pre-Hearing Custody Con erence, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, 0 define and narrow the issues to be heard by the court, and to enter into a tempora order. All children age five or Ider may also be present at the conference, Failure to appear at the conference ma provide grounds for entry of a porary or permanent order. The court hereby dire ts the parties to furnish any and aU existing Protection from Abuse orders, Special Relief orders, and Cu tody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Gree'QY. Esq. Custody Conciliator v The Court of C mmon Pleas of Cumberland County is required by law to comply with the Americ ns with Disabilites Act of 1 0, For information about accessible facilities and reasonable accommodations available to disabled indi iduals having business before the court, please contact our office, All arrangemen s must be made at least 72 ours prior to any hearing or business before the court, You must attend the sched ed conference or hearing, YOU SHOUL TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 ~-1P ~~'V ~ ~;z.~~t< ~ ~.:;L ~~4? .p? Cr?,q:--'i1/ ['C> ' q::-. f?/ [?;?, Of:'. 17/ VlNVAlASNN3d JJNnoo OI'!\liY38J.'/flO o I :Z Ud 0 E: 130 CO 1J:N10NOHlCbci 3Hl :lO 3OI:1:!0-D311::i Plaintiff DE~Oro IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-5614 CIVIL TERM o BARBARA BOWNE, v, TONY BOWNE, CIVIL ACTION - LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this ----L!11L day of December, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, Leqal Custodv, The parties, Barbara Bowne and Tony Bowne, shall have shared legal custody of the minor child, Steven Anthony Bowne, born September 17, 2002, 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 Pa, C, S, ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent 2, Physical Custody, Mother shall have primary physical custody subject to Father's rights of partial custody which shall be exercised in Pennsylvania, A. Effective December 13, 2003, Father shall have partial custody on alternating weekends from Saturday at 9:00 a,m, until Sunday at 6:00 p,m, B, In the event that Father knows of a change in his schedule that will require deviation or make him late for a period of custody, Father will endeavor to give Mother five (5) days notice thereof, In the event that Father's work schedule interferes with his custodial schedule and causes him to miss a custodial weekend, Father shall be entitled to a compensatory weekend within the next thirty (30) days and upon fifteen (15) days notice to Mother. 3, The parties shall provide each other with the location and telephone number where they will be staying if the child is away from the paternal grandmother's residence or the Mother's residence overnight NO, 03-5614 CIVIL TERM 4, Under no circumstances will Father have a custodial period occur at the paternal grandmother's residence when band practice is being held at the residence, 5, Holidavs, The holiday schedule will supersede the regular schedule, A Alternatina Holidavs. The parties will alternate the following holidays commencing with Father having custody for Easter 2004: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving, The period of custody for these holidays shall be from 10:00 a.m, until 5:00 p,m, 8, Christmas, For Christmas 2003, Father will have custody from December 22, 2003 through December 26, 2003, Commencing in 2004, the parties will have an NB alternating Christmas schedule, Segment A will be from December 24th at 4:00 p,m, until December 25th at 4:00 p,m, Segment B will be from December 25th at 4:00 p,m, until December 26th at 4:00 p,m, In even-numbered years, Mother will have Segment A and Father will have Segment B. Commencing in 2005 and in subsequent odd-numbered years, Father will have Segment A and Mother will have Segment B. 6, Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain jurisdiction of this matter. 7, The Custody Conciliation Conference shall reconvene on March 15,2004 at 9:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes that the parties will discuss additional periods of custody for the child with Father during the summer. BY THE COURT: dI~ J, Ois!: l.Iohn F" King, Esquire, PO Box 984, Harrisburg, PA 17108 vAndrew C, Spears, Esquire, P,O, Box 5300. Harrisburg, PA 17110-0300 'j1 c:J:.l ~ 0) '11 r..~.l ~ Jd.- - J<~-(5 . , v:~rli:Yl'\S,\~'!.~d \.L" '~'-I''''"'''n~ . ,,,1,':.') ,; . i ,,~: l' .:[{I" ' '.. .~. -.. ". ...., - ',." 2Z :8 fld L I J30 roOl }.cVlONOliLOCld :JHl :10 -'A'",rr.J131U :i1,.)!_~L.' u I:J Plaintiff DEe 1 6 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-5614 CIVIL TERM BARBARA BOWNE, v, TONY BOWNE, CIVIL ACTION - LAW Defendant 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Steven Anthony Bowne September 17, 2002 Mother 2, Mother filed a Complaint for Custody on October 24, 2003, A Custody Conciliation Conference was held on December 2, 2003 with the following individuals in attendance: the Mother, Barbara Bowne, and her counsel, John F, King, Esquire; the Father, Tony Bowne, and his counsel, Andrew C, Spears, Esquire, 3, The parties reached an agreement in the f?4n Order as attached, /a-(nlJ-3 Wd'YaL ~ Date Melissa Peel Greevy, Esquire Custody Conciliator :221780 o MAR 1 8 2004 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-5614 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BARBARA BOWNE, v, TONY BOWNE, Defendant ORDER OF COURT AND NOW, this ~ day of March, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Barbara Bowne and Tony Bowne, shall have shared legal custody of the minor child, Steven Anthony Bowne, born September 17, 2002. 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 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody, Mother shall have primary physical custody subject to Father's rights of partial custody which shall be exercised in Pennsylvania. A. Effective December 13, 2003, Father shall have partial custody on alternating weekends from Saturday at 9:00 a.m, until Sunday at 6:00 p,m. B. In the event that Father knows of a change in his schedule that will require deviation or make him late for a period of custody, Father will endeavor to give Mother five (5) days notice thereof. In the event that Father's work schedule interferes with his custodial schedule and causes him to miss a custodial weekend, Father shall be entitled to a compensatory weekend within the next thirty (30) days and upon fifteen (15) days notice to Mother. 3, The parties shall provide each other with the location and telephone number where they will be staying if the child is away from the paternal grandmother's residence or the Mother's residence overnight. NO. 03-5614 CIVIL TERM 4, Under no circumstances will Father have a custodial period occur at the paternal grandmother's residence when band practice is being held at the residence, 5, Holidavs, The holiday schedule will supersede the regular schedule, A. Alternatinq Holidavs. The parties will alternate the following holidays commencing with Father having custody for Easter 2004: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving, The period of custody for these holidays shall be from 10:00 a.m. until 5:00 p.m. B. Christmas, For Christmas 2003, Father will have custody from December 22, 2003 through December 26, 2003. Commencing in 2004, the parties will have an AlB alternating Christmas schedule. Segment A will be from December 24th at 4:00 p.m. until December 25th at 4:00 p.m. Segment B will be from December 25th at 4:00 p.m. until December 26th at 4:00 p,m. In even-numbered years, Mother will have Segment A and Father will have Segment B. Commencing in 2005 and in subsequent odd-numbered years, Father will have Segment A and Mother will have Segment B. 6. Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain jurisdiction of this matter. 7, Vacation, Father will have physical custody for the purposes of vacation on April 17, 2004 through April 24, 2004, Father may exercise his custodial rights in South Carolina, The parties will exchange residential telephone numbers prior to the April 17, 2004 period of partial custody. 8. Father will provide Mother with a phone number for Lorraine Dana. As parties agreed, a neutral third party will observe the residence prior to the April 1 ih vacation period of custody, 9. Father will provide the car seat, crib, diapers and food incident to his periods of custody. , ' NO. 03-5614 CIVIL TERM 10, This Order is temporary in nature. If within sixty days of the date of this Order an additional Conference is needed, counsel for either party may contact the Conciliator by letter to request that the Custody Conciliation Conference be reconvened. BY THE COURT: I. tlJ",,1o ()f! J, Disl: o4Ohn F, King, Esquire, PO Box 984. Harrisburg, PA 17108 oo1(ndrew C, Spears, Esquire, PO Box 5300, Harrisburg, PA 17110-0300 03 .~j .oL/ MAR 1 8 2004 BARBARA BOWNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-5614 CIVIL TERM CIVIL ACTION - LAW v. TONY BOWNE, IN CUSTODY Defendant 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Steven Anthony Bowne September 17, 2002 Mother 2. A Custody Conciliation Conference was held on March 15, 2004 with the following individuals in attendance: the Mother, Barbara Bowne, and her counsel, John F. King, Esquire; the Father, Tony Bowne, and his counsel, Andrew C, Spears, Esquire, ~_~h~;" ffiaohod"" agffiom::;~ r;=~ _ohed. Date Melissa Peel Greevy~ Custody Conciliator :225610 F:\FILESIDATAFILE\Genera1\Current\1 13713 praecipe wpd Created: 9120104 0 06PM Revised 10/28/04 10:07AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BARBARA BOWNE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5614 CNIL TERM CNIL ACTION - LAW TONY BOWNE Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdrawal the appearance of Metzger Wickersham Knauss & Erb on behalf of TONY BOWNE in the above matter. METZGER WICKERSHAM KNAUSS & ERB By: (~~/~ Andrew C. Sp€;:ars, Esquire J.D. No. <\(l'13,i 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110 (717) 238-8187 Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of TONY BOWNE in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO VM Date: \ D\ l~\~ By J ennife L. pears, Esquire J.D. No. 87445 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: John F. King, Esquire FRIEDMAN & KING 600 North Second Street Penthouse Suite Harrisburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO By Tricia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: November 1,2004 r- 0 I"....:l ~ c=> C c:::t -'" J:" :!S.- ::z: ~." -0 r" nl r'r~J 0 Z:-l':.i ....: rnp &j C;- I -om } ~-c' ::00 r:r< 96 :.r-- .~ '- :I> -~ " :?:c' --:n 2.0 :x Q~ 5>- .l!a:: c: S? 0 ~ --I s.- ~ \D =< . BARBARA BOWNE, Plaintiff/Respondent v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT 01<' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5614 CV TONY BOWNE, DefendantlPetitioner CIVIL ACTION - LAW PETITION FOR MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER PURSUANT TO 23 Pa.C.S. 5310 AND NOW, comes the Petitioner, Tony Bowne, by his attorney, Tanner Law Offices, LLC, and represents as follows: 1, Petitioner, Tony Bowne, is an individual currently residing at 306 Naomi Drive, Gaston, South Carolina 29053. 2, Respondent, Barbara Bowne, is an adult individual currently residing at 114 Center Street, Grindstone, Fayette County, Pennsylvania 15442, 3, Petitioner respectfully represents that on March 24, 2004, an Order of Court was entered for Custody based on a March 15, 2004 Custody Conciliation Conference. 4. Said Order required that Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain jurisdiction of this matter. 5, This Order should be modified to permit Petitioner to spend more time with his children, Steven Anthony Bowne, born September 17,2002 and Alexis Bowne, born December 23,2003. 6, This Order should be modified because Respondent has not been keeping Petitioner informed as to the children's development and progress, It is important that Petitioner be as involved in his children's lives as possible given the great physical distance between them, It is in the children's best interests to have their father involved in their lives, WHEREFORE, Petitioner requests that the Court modify the existing order for Custody because it will be in the best interest of the children. Respectfully submitted, -// olt4 ~ ,10/7l.r7.(}/G Tabetha A, Tanner, Esquire Supreme Court LD. No,: 91979 Attorney for PetitionerlDefendant TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 . VERIFICA TlClli I verifY that the statements made in this Petition are true and correct I understand that false statements made herein may subject me to penalties of 18 Pa,C.S, ~4904 relating to unsworn falsification to authorities, Date: ! ~p 7/r; ~ ----------- " ) ,. '.\1 C.~ ""t 0 ~ _I 1; ~ ~.~, <::> - '" (:? "'- ~ - -.... \ --.I () ~ ~ G:) ~ i\ ~ C> :s e;, BARBARA BOWNE, Plaintiff/Respondent v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 03-5614 CV TONY BOWNE, DefendantfPetitioner CIVIL ACTION - LAW SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT PURSUANT TO RULE 1 012(b )(2)(iii) PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Petitioner/Defendant, Tony Bowne, I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, infonnation and belief. Papers may be served at the address set forth below, Tabetha A, Tanner, Esquire LD, No,: 91979 Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, P A 17043 (717) 731-8114 Date: Idbs/oS" ;;d-f.ti~J.. A -i:JI/(g~ Tabetha A, Tanner, Esquire PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the PetitrJ;,~ efe:dant"Tony Bowne, JJ4 ~~S / /; ']I};'l 4,/) Date: ( ! . / i'(/{JI/ ~ :Je nifer L Spears, Esquire \",:, C". ------.------- - ~ BARBARA BOWNE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA y, 03-5614 CIVIL ACTION LA W TONY BOWNE DEFENDANT lN CUSTODY ORDER OF COURT AND NOW, Friday, Janua'120, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p, Greevy, Esq. . the conciliator, at "PI\1j)~I\1~lIlove's, 1901 Sta!.e~!."Camp Hill, PA"17Q!1_ on ,.Fr,idat, MarchJ.O,-~f}Q6...~_ at2:3.~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 denne and narrow the issucs to be heard by the court, and to enter into a temporary order. All children age five or oldcr may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing "rotection from Abuse orders, Special Relier orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: ~.~~Me1i~~'Lf. GreelfY' Esg~mJSf'l_ Custody Conciliator 'f'" The Coun of Common Pleas ofCumberJand County is required by law to comply with the Americans with Disabilites Act of 1990, For infoJ1nation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oftice, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedt()fd Street Carlisle. Pennsylvania 170 I 3 Telephone (717) 249-3166 &;;ry;x' fp .p ~ tt~ F :7 ~~ ?~yt; )~ kJ' .~~"W ~/ .J7?l I I ' ,,' ,,-' "0,'(""'7 < : i '.:J 0~ \,'d~:UJ!..I "., ,,,,,. I "/\.;1- CL'" f '7(/ L (" '/ '7/ ,E.... / ABRAHAM LAW OFFICES 2157 Market Street. Camp Hill, P A 17011 (717) 763-1700 BARBARA BOWNE Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 035614 CV TONY BOWNE Defendant/Petitioner : CIVIL ACTION - LAW : LAW PLAINTIFF/RESPONDENT'S ANSWER TO PETITION FOR MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER AND NOW, comes Plaintiff/Respondent, Barbara Bowne, by and through her attorney, James W, Abraham, Esquire, Abraham Law Offices, Camp Hill, Pennsylvania, and files the following: I, Admitted, 2, Admitted, 3, Admitted, 4, Admitted, 5, Admitted and Denied, It is admitted that Defendant/Petitioner (hereinafter "Father") should have additional visitation beyond the regular schedule of one (1) overnight. every other weekend as stated in the present Order, which Plaintiff/Respondent (hereinafter "Mother") has already provided as Mother agreed with Father to expand said visitation on or about January, 2005, as Father has been provided one (1) week of visitation during several months throughout 2005, It is denied that it is in the best interests of the children for a modification for more than one (I) week of visitation every other month, in that: A The children are presently age two (2) and three (3) and Mother has always been the primary caretaker of the children since birth and is much more able to care for the children on a daily basis, B, Father is provided expanded time pursuant to the holiday schedule in the Order. C. Father is caring and loving of the children, but fails to properly attend to the children while the children are in his care and/or custody and may cause a risk to their well being, D, Mother is more capable of providing a safe and stable family environment for the children, 6, Denied and Admitted, It is denied that Mother has not been keeping Father informed as to the children's development and progress in that Mother volunteers information regarding the children during their telephone conversations; Father rarely inquires as to the general welfare ofthe children; Father has shared legal custody and equal access to any and all information as to the children's health, education and welfare, yet Father does not, to Mother's knowledge, assert said custody rights to acquire any information on his own as to the children's health, education and welfare, It is admitted that it is in the children's best interests for Father to be involved in the children's lives, which Mother has supported as evidenced by Mother's voluntary agreement to expand Father's visitation time periods since the March, 2004 Order. WHEREFORE, Plaintiff/Respondent, Barbara Bowne, respectfully requests Your Honorable Court to limit the modification of the March 24, 2004 Order to allow Father one (I) week of visitation, every other month, at Father's residence in South Carolina and that all other terms, conditions and provisions of the Order remain in full force and effect Respectfully submitted: ~"/~ James W, Abraham, Esq, Abraham Law Offices 2157 Market St. Camp Hill, PA 17011 (717)763-1700 Attorney for Plaintiff /Respondent Barbara Bowne DATE: 2/24/06 VERIFICA nON , the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief, I hereby further understand that I, /5A- r..e if/Jr J$cw~{& any false statements made therein are subject to the penalties of Pa, C,S,A, Section 4904 relating to unsworn falsification to authorities, DA TE::J-.( / f..; !o {; fv{~ ()~ CERTIFICATE OF SERVICE I, James W, Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail upon the following person(s) at the following address(es) on the date stated below: Tabetha A. Tanner, Esq, Tanner Law Offices 1300 Market Street, Suite 10 Lemoyne, PA 17043 DATE: 2/24/06 ="~4-- James W, Abraham, Esquire ( ~ '] -'1 ---i , ,"-"j i" , ~ C" Plaintiff V RECEiVED MAR 10 res I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-5614 CIVIL TERM BARBARA BOWNE, v, CIVIL ACTION - LAW TONY BOWNE, IN CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this \ l tl day of March, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, Leqal Custody, The parties, Barbara Bowne and Tony Bowne, shall have shared legal custody of the minor child, Steven Anthony Bowne, born September 17, 2002, 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 23 Pa, C, S, 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2, Physical Custody, Pending hearing, Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A March 18, 2006 through March 25, 2006 or March 25, 2006 through April 1, 2006, By March 15, 2006, Father will give Mother notice as to which of these two weeks he will be exercising custody, B, April 22, 2006 through April 29, 2006, C, May 20, 2006 through May 29,2006, D, June 17, 2006 through June 24, 2006, 3, The parents shall keep each other apprised of their residential addresses and telephone numbers in light of their pending moves to new residences, :>- 0:: ~s t,lJD ~2f:':;. ,~t: :5.-:' (~) 1:"-, 1::)(1:' LuQ. -.J r.- lU -~ '"'" '-'- o ,.... - C::: '""c :C "" C:::.j ~ C'>J - , c:~- '- <'V ~"- Q. " .:5 u lIP NO, 03-5614 CIVIL TERM 4, Transportation, The parties will share transportation incident to the custodial exchanges, by meeting at Tamarac, Exit 45 off of Highway 77, 5, Holidavs, On holidays, parties will share the holidays by their mutual agreement. 6, Father will provide the car seat, crib, diapers and food incident to his periods of custody, 7, A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the ,-:l;fbL day of 'J1?~ ' 2006, at /!31!i ' o'clock -L,M" at which time testimony will be taken, For the purposes of the hearing, the Father, Tony Bowne, shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness, These memoranda shall be filed at least ten days prior to the hearing date, Dis\: BY THE COURT: y...", Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-5614 CIVIL TERM BARBARA BOWNE, v, CIVIL ACTION - LAW TONY BOWNE, IN CUSTODY Defendant 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Steven Anthony Bowne September 17, 2002 Alexis Bowne December 23, 2003 Mother Mother 2, The parties' second Custody Conciliation Conference was held on March 10, 2006 with the following individuals in attendance: the Mother, Barbara Bowne, and her counsel, James Abraham, Esquire; the Father, Tony Bowne, and his counsel, Tabetha Tanner, Esquire, The conference was scheduled in response to Father's Petition for Modification of a Partial Custody or Visitation Order pursuant to 23 Pa,C,S, ~531 0 filed on or about January 18, 2006, 3, Father's position on custody is as follows: Father seeks to have the Order modified to provide him with more time with the children and to provide him with more information regarding the children's development. Father resides in Lexington, South Carolina, He works Monday through Friday from approximately 8:00 a,m, to 6:00 p,m, as a mechanic, Since the entry of the first Order on January 23, 2006, the parties have attempted to modify the Order to afford Father longer blocks of time, In January of 2005, Father reports that the parties started a schedule which would provide him one continuous week of custody per month, Part of that time, on two occasions, they tried an arrangement that permitted Father two weeks of custody at a time, However, Mother was not willing to continue this because, according to Father, she missed the children too much during the time that they were with him, Father would like to have custody of the children for one week each month during the school year and six continuous weeks during the summer. Father also asked that Mother be required to share in the transportation incident to the custodial exchanges, Father seeks this because he has been doing all of the driving and each time he spends a week with the children it costs him approximately $300,00 for the food, gas, ,..J -.. . NO, 03-5614 CIVIL TERM and highway tolls, He proposes that Mother meet him halfway and share in this responsibility, In addition, Father reports that he has arthritis in his back and the long drive is very uncomfortable for him, 4, Mother's position on custodv is as follows: Mother resides in the Pittsburgh area, Fayette County, She is employed by AFLAC 9:00 a,m, to 5:00 p,m, She does not work weekends, She resides alone with the two children, Mother has potential for employment in central Pennsylvania about which she will not know for sure until April 2006, However, Mother and Father agree that a move to central Pennsylvania will not substantially impact the drive time for the custodial exchanges, Mother is willing to agree to Father having partial custody for one week per month, However, because of the children's ages, and because she has always been the primary caregiver, she explained that she does not believe that six consecutive weeks in Father's custody during the summer is in the children's best interest The children are presently 3 and 2 years old, Mother also points out that it was Father that chose to move to South Carolina when she is explaining why she does not want to share in any of the transportation, Mother reports that her car has 191,000 miles on it She believes that the car is unreliable, She further reports that she can not afford to repair the vehicle if it breaks down during one of the trips, As an alternative, Mother agreed to share in transportation every other month, beginning in April 2006, Mother further indicates that she would be willing to consider longer blocks of time in the summer as the children get older. However, she will not agree to more than one week in each of the summer months that the children be with Father. 5, Because the parties have not been able to reach an agreement with regard to the summer schedule and transportation, it appears that a hearing is necessary so that the Court may make Orders regarding these issues, In the interim, the Conciliator makes a recommendation in the form of Order as attached, Date 0j19o~ elissa Peel Greevy, Esquire Custody Conciliator :271003 . BARBARA BOWNE, Plaintiff/Respondent ~ IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA ~ v. ~ ~ NO. 03-5614 CIVIL TERM ~ ~ CIVIL ACTION. CUSTODY ~ TONY BOWNE, DefendanUPetltloner STIPULATED CUSTODY AGREEMENT AND NOW, this O<0j( day of ft( (J..Y , 2006, Barbara Bowne (hereinafter referred to as "Mother") and Tony Bowne (hereinafter referred to as "Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor children, Alexis Marie Bowne, born December 23,2003 and Steven Anthony Bowne, born September 17,2002: l. LeJl,al Custody: Mother and Father shall have shared legal custody of the children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's well-being, including, but not limited to, all decisions regarding their health, education and religion, Pursuant to the terms of 23 Pa,C.S, Section 5309, each parent shall be entitled to all records and information pertaining to the children, including, but not limited 10, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extem one parent has possession of any records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2, Phvsical Custody: Mother shall have primary physical custody of the children, Father shall have partial custody as follows: A, Except as otherwise provided herein, (lather shall have one (I) week of custody each month at his residence in South Carolina, during the last full week of each month, that being the third to fourth Saturday of each month, which shall begin on August 19, 2006, B, Summer: Father shall have custody of the children in the Summer for six (6) consecutive weeks, which summer time periods shall be from late Mayor early June through late August each year, For the summer 01"2006, Father shall have custody of the children at his residence in South Carolina from May 27, 2006 until July 8, 2006. Mother shall halle custody of the children for six (6) consecutive weeks during the Summer thereafter, C: Transportation: The parties shall share transportation ofthe children and shall exchange the children at Exit 150 on Interstate Route 8 I, near Roanoke, Virginia. On May 27, 2006, however, Father shall pick up the children at his parents' home in Newville, Pennsylvania. D, Holidays: The parties will share the Thanksgiving and Christmas holidays by mutual agreement. Said holiday custody shall supercede the regular custody schedule, E, Jurisdiction and venue shall remain in the Commonwealth of Pennsylvania, F, The parties further agree to the following: (1) Mother and Father shall not smoke around the children in their home and/or at their residence and shall not allow others to do so and shall only smoke out of doors. (2) The non-custodial parent shall be entitled to reasonable telephone contact and at a minimum, shall have telephone contact every Wednesday and Sunday evening at 7:00 p,m" which telephone call shall be initiated by the non-custodial parent. (3) Mother and Father shall enroll and/or utilize a qualified child day-care provider or facility and shall provide the name, telephone number and address of the day care provider and/or facility to the other parent; and shall authorize said day care provider or facility to speak with and/or release information to the other parent. F ather shall provide photographs of the day care provider's facility and operation to Mother within twenty (20) days of this Agreement. (4) Father shall provide the car seat, crib, diapers and food, provisions and other necessities and or/amenities incident to his periods of custody, IN WITNESS WHEREOF, the Parents, intending to be legally bound hereby, have set their hands and seals the day and year written below /.:;"'11A-",- ~'M$.- Barbara Bowne, Mother ~ James Abraham, Attorney for Mother , )/ , //i \---.-,.... ./ Ii _'(I Tony Bowne, Father ~J1~ Tabetha A, Tanner, Attorney for Father se-d Slle I~L loll. ~" '$a~IJjO MO, ~auuoi Wd Z~:90 900Z-ZZ-A~W s- /qJ~d Dc." Date s- ~r? C( ~ () r" Date 5/~~3J06 Date )~1 100 Date Respectfully submitted, 7~ Ii ~~^. Tabetha A, Tanner, Esquire Supreme Court LD, No,: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC ] 300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 () ~c:, ""C:'\'-. c:;~ ,~ ,...., ~g <:Y'" ~ :;!>J rn~, -Di:q -j7'-,,"'" ;~i,C} --~~ ~,:..:,,,, N U1 ;!? ---r~ "" -.l (2(') '-<-rn ,") '. ;;. ,c'..J '< ~ . -. y v. RECEIVED MAY 25 2008 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 03 - 5614 CIVIL TERM : CNIL ACTION - LAW : CUSTODY BARBARA BOWNE Plaintiff/Respondent TONY BOWNE DefendantlPetitioner ORDER OF COURT AND NOW, this 1_(, fl day of May, 2006, pursuant to the agreement of the parties hereto, Barbara Bowne, Plaintiff/Respondent (hereinafter "Mother") and Tony Bowne, DefendantlPetitioner (hereinafter "Father"), as to their children, Steven Anthony Bowne, born September 17,2002 and Alexis Marie Bowne, born December 23,2003, it is hereby ordered and directed as follows: 1. Legal Custody. Mother and Father shall have shared legal custody of the children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decision affecting the children's general well- being including, but not limited to, all decision regarding their health, education and religion. Pursuant to the terms of23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children, including but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody of the children. Father shall have partial custody as follows: A. Except as otherwise stated herein, Father shall have one (1) week of custody each month at his residence in South Carolina, during the last full week of each month, that being the third to fourth Saturday of each month, which shall begin on August 19,2006. B. Summer: Father shall have custody of the children in the Summer for six (6) consecutive weeks, which summer time period shall be from late Mayor early June through late August each year. For the summer of 2006, Father shall have cus~ody of the children at his residence in South Carolina from May 27, 2006 until July 8, 2006. Mother shall have custody of the children for six (6) consecutive weeks during the Summer thereafter. ..., rfi pt 17 C : / / HV DE:). tif~ 9Dal .~(' AW10No,-I10Ud 3Hl =10 jOI:J::iO-Q:lll.:J - j ;. C. Transportation: The parties shall share transportation of the children and shall exchange the children at Exit 150 on Interstate Route 81, near Roanoke, Virginia. On May 27, 2006, Father shall pick up the children in Newville, Pennsylvania. D. Holidays: The parties will share the Thanksgiving and Christmas holiday by mutual agreement. Said holiday custody shall supercede the regular custody schedule. E. Jurisdiction and venue shall remain in the Commonwealth of Pennsylvania. F. The parties further agree to the following: 1) Mother and Father shall not smoke around the children in their home and/or at their residence and shall not allow others to do so and shall only smoke out of doors. 2) The non-custodial parent shall be entitled to reasonable telephone contact and at minimum, shall have telephone contact every Wednesday and Sunday evening at 7:00 p.m., which telephone call shall be initiated by the non-custodial parent. 3) Mother and Father shall enroll and/or utilize a qualified child day-care provider or facility and shall provide the name, telephone number and address of the day care provider and/or facility to the other parent; and shall authorize said day care provider or facility to speak with and/or release information to the other parent. Father shall provide photographs of the day care provider's facility and operation to Mother within twenty (20) days of the date of this Order. 4) Father shall provide the car seat, crib, diapers and food, provisions and other necessities and/or amenities incident to his periods of custody. J. r,iiVi,;i'\7.!,E'i\!f'.H,/ 11"('"'''' , '_.~ ''-L./V, " r ' '''"':;:';;in''l . " q IV 1; t : I UJ.V Dt). ~N SDaz J..l:iV10\JO;..jjf':lld :::JHl .:10 =bd~~o':.Q=17id