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Home My WebLink About09-0711NANCY L. OWINGS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ?)e7.. 7/1 BRADLEY W. OWINGS, Defendant IN DIVORCE COMPLAINT IN CUSTODY G i?: l ? c?M AND NOW comes the Plaintiff, NANCY L. OWINGS, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is NANCY L. OWINGS, an adult individual who resides at 111 Marks Road in Millersburg, Pennsylvania. 2. The Defendant is BRADLEY W. OWINGS, whose current address is Building 400, Room 228, G Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Plaintiff and Defendant are husband and wife. 4. The Plaintiff and Defendant are the parents of two minor children, Eden Riley Owings, born 5 April 2006 and Daisy Grace Owings, born 9 November 2007. 5. Plaintiff seeks an award of primary physical custody and shared legal custody of the children. 6. The children were not born out of wedlock and at the time of this Complaint, the children reside with Plaintiff. 7. Since the children's birth, the minor children have resided with the following persons at the following addresses: From birth to 30 November 2008 Plaintiff & Defendant 336 Stonehedge Lane Mechanicsburg, PA 1 December 2008 to present Plaintiff only 111 Marks Road Millersburg, PA 8. The mother of the children is the Plaintiff who resides at the address set out above. She is married to the Defendant. 9. The father of the children is the Defendant who resides at the address set out above. He is married to the Plaintiff. 10. The Plaintiff is the natural mother of the children. Plaintiff currently resides with the children at the address listed above. 11. The Defendant is the natural father of the children. Defendant currently resides alone at the address listed above. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said' children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. Plaintiff is and always has been the primary care provider for the children. B. Defendant, because of his employment, his mental condition, and his emotional condition, is not available or able to provide regular, constant, or proper care for the children. C. Because of the situation of the parties, Plaintiff is better able to provide for the medical, physical, emotional and other needs of the, children. 14. 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. WHEREFORE, Plaintiff prays this court to award her primary physical custody and to award the parties shared legal custody of their minor children. An s Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 MI, I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Og NANCY L. INCS v h. cry ? ?` ; =:7 a NANCY L. OWINGS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-711 CIVIL ACTION LAW BRADLEY W. OWINGS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 26, 2009 at 9:00 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Is/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t. V -Z fi'Y 61 CIJ E, D 0 Z MAR 2 0 2009 G, NANCY L. OWINGS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. BRADLEY W. OWINGS Defendant 2009-711 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 18th day of March, 2009 , the conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for March 26, 2009 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator } ` C;; : -rte F-Q . . 71 NANCY L. OWINGS, ) Plaintiff ) vs. ) BRADLEY W. OWINGS, ) Defendant } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-711 IN CUSTODY MOTION FOR ENTRY OF ORDER AND NOW, comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to enter an order granting her primary legal and physical custody of the two children involved int his matter, based upon the following: 1. The moving party herein is the Plaintiff. The responding party herein is the Defendant. 2. Plaintiff and Defendant are the parents of two minor children, Eden Riley Owings, born April 5, 2006 and Daisy Grace Owings, born 9 November 2007. 3. Plaintiff and Defendant are separated and the children have resided with and in the primary legal and physical custody of Plaintiff since their separation. 4. Plaintiff filed this action on 10 February 2009 asking the court to award her primary physical and legal custody of the children to confirm the custodial arrangements as they then existed. 5. A copy of the petition was duly served upon the Defendant but, before a custody conciliation conference could be held, Defendant contacted Plaintiff's counsel and agreed that Plaintiff should have primary legal and physical custody of the children. Defendant came to the office of Plaintiff's counsel on 12 March 2009 and executed a Statement to evidence his consent to Plaintiff have primary legal and physical custody of both children. A copy of that Statement is attached hereto and marked as Exhibit A. 6. The parties, based upon the above, have agreed that Plaintiff should have primary legal and physical custody of the children. Plaintiff requests an order, in the form attached, to award her custody of the children in accordance with the parties' agreement. 7. No Judge has entered a prior order in this case. 8. The Defendant concurs in the relief requested in this Motion, as confirmed by his statement attached. WHEREFORE, Plaintiff moves this court to enter the attached order granting her primary legal and physical custody of the parties two minor children. CZ7 Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 121' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: b c• NANCY L. OWINGS EXHIBIT A STATEMENT My name is Bradley W. Owings. I am married to Nancy Owings and she and I are the parents of two children, Eden Riley Owings, born April 5, 2006 and Daisy Grace Owings, born November 9, 2007. Nancy Owings has filed an action in Cumberland County, Pennsylvania, asking the court to award her primary custody of the children. 1 am aware of that action and I consent to Nancy Owings having primary legal and physical custody of both of our children. She and I will be able to work out details of the custody schedule and I do not need the court, at ieast at this time, to a sche4ble of Mme for each of us to have the children. -? / -?o Dat COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 4u BRADL ( SS.. On this, the k 2-?4' day, of /Tay-? 2009, before me, a Notary Public, the undersigned officer, personally appeared BRADLEY W. OWINGS known to me (or satisfactory proven) to be the person whose name is eubsclibed to the within instrument, and acknowledge that said person executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. VAN Y?? . COMMONWEA=ry NOotary P blic. LYNN EHRblic Lemoyne Bounty My Commission , 2013 :L.'r C1?•i? i??? Tk ar ?? Qy ., } .' 2 2 A;.. ": 21 LSE i rt ?t t, 14 PR C 4 1UW NANCY L. OWINGS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-711 BRADLEY W. OWINGS, Defendant IN CUSTODY ORDER OF COURT AND NOW this 11 ANN day of r 1A , 2009, upon consideration of the attached Motion, it appearing that both parties have agreed that Plaintiff shall have primary physical and legal custody of the parties' two children, and the Defendant's agreement to that effect is memorialized by a statement attached to the said motion, we hereby order and decree as follows: 1. The Plaintiff Nancy L. Owings is hereby awarded primary legal and physical custody of the parties' two minor children, Eden Riley Owings, born April 5, 2006 and Daisy Grace Owings, born November 9, 2007. 2. The Defendant Bradley W. Owings, shall have such periods of temporary physical custody or visitation as the parties may agree. In the event that the parties cannot agree, either party may petition the court to set a schedule for such periods of temporary custody. BY THE COURT, I\k Distribution: Xamuel L. Andes, Esquire (Attorney for Plaintiff) J 525 North 12`' Street, P.O. Box 168, Lemoyne, Pa 17043 0 (0 ;radley W. Owings, pro se (Defendant) ?.. Building 400, Room 228, G Avenue, New Cumberland, PA 17070 a? Lt?? ! Iino :5 WV 84 8dV 60102 TIJ