HomeMy WebLinkAbout04-5400
LYNDA K, BOWEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No.
STUART A. BOWEN
Defendant
CIVIL ACTION - LAW
IN DIVORCE/CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without and a decree of divorce or annulment may be entered against you by the Court,
A judgment may also be entered against you for any other claim or relief requested in these papers
by the Plaintiff You may lose money or property or other rights important to you, including custody
or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage.
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary. Room 101, Dauphin County Court House. Front and Market Streets. Harrisburg,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PROPERTY.
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
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 A venue
Carlisle, PAl 7013
(717)249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes. usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted Debe presentar una apariencia escrita 0 en persona 0 por abogado y
archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende. la corte tomara medidas y puede entrar una orden
contra usted sin previa a viso 0 notificacion, y por cualquier queja 0 alivio que es pedido en la
peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SINOTIENE ELDINERO SUFICIENTEDE PAGAR TAL SERVICIO, VA Y A EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA
ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
LYNDA K. BOWEN,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
No,D'I-5lI1JO ~ ~
STUART A. BOWEN
Defendant
CIVIL ACTION - LAW
IN DIVORCE/CUSTODY
COMPLAINT UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
COUNT I
IN DIVORCE
I. Plaintiff is Lynda K. Bowen, an adult individual, Social Security No. 178-50-6095,
who resides at 302 East Meadow Drive (Upper Allen Township. Cumberland County),
Mechanicsburg. Pennsylvania, 17055.
2. Defendant is Stuart A, Bowen, an adult individual, Social Security No. 213-76-3935.
who resides at 18825 Heritage Hills Drive, Brookeville. Maryland, 20833.
3. Plaintiffhas been a resident in the Commonwealth of Pennsylvania since on or about
December 1,2003, a period of time more than six (6) months prior to the date of the filing of the
within Complaint in Divorce.
4. Defendant is not a resident of Pennsylvania; he has been. for at least the past two (2)
years. and continues to remain, a resident of the State of Maryland.
5, The Plaintiff and Defendant were married on June 17,2000. in Newville, Cumberland
County, Pennsylvania.
6. There has been one child born of the marriage of the parties, to wit: Brooke Angela
Bowen, presently two (2) years of age, having been born on November 18, 200 I.
7. There have been no prior actions in divorce or annulment commenced by either of
the parties.
8. The Defendant is not a member ofthe armed forces of the United States or any of its
allies.
9. The parties became separated from each other on November 26, 2002, and have
remained separated since that date.
10, The marriage is irretrievably broken.
11. Plaintiffhas been advised that counseling is available and that Plaintiffmayhave the
right to request that the Court require the parties to participate in counseling, Plainti ff does not elect
to participate in counseling.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
COUNT II
COMPLAINT FOR CUSTODY OF MINOR CHILD
12. The averments set forth in Paragraphs 1 through I 1 of the within Complaint are
incorporated herein by reference as if fully set forth herein.
13. Plaintiff seeks custody of the following minor child:
Name
Residence
Age
Brooke Angela Bowen
302 East Meadow Drive,
Mechanicsburg, PAl 7055
2 (Born November 18. 2001)
The child was not born out of wedlock.
2
14. The child is presently in the custody of the Plaintiff, Lynda K. Bowen. who resides at
302 East Meadow Drive, Mechanicsburg. P A 17055,
15. During the past three (3) years, the minor child has resided with the following persons
and at the following addresses, to wit:
(a) Resided with mother and father at 18825 Heritage Hills Drive. Brookeville,
Maryland 20833, from date of birth on November 18, 2001. to November 26,2002;
(b) From November 26.2002, until December 7,2003, the minor child resided
with her mother in Alexandria, Virginia, for the greater portion ofthat period of time at 4217
Raleigh Avenue, Alexandria. Virginia; and
(c) From December 7. 2003, to the current date, the minor child has resided with
her mother, her maternal grandmother (Sylvia Stone) and her maternal grandfather (Charles
Stone) at 302 East Meadow Drive. Mechanicsburg, PA 17055.
16. The mother ofthe minor child is the Plaintiff, Lynda K Bowen. The father of the
minor child is the Defendant. Stuart A. Bowen.
17. Plaintiff has not participated as a party or witness, or in any other capacity, in other
litigation concerning the custody of the child in this or another court except as follows: On
December 3, 2003, Plaintiff and Defendant appeared in the Circuit Court for Montgomery County.
Maryland. at which time a Protective Order was issued which, inter alia. provided. in Paragraph 7
thereof: 'That custody of Brooke Bowen is awarded to Lynda Bowen", and further provided, in
Paragraph 8, for visitation of Brooke Bowen with her father. Stuart Bowen. A copy ofthe Protective
Order is attached hereto, identified as Exhibit "A", and incorporated herein by reference.
3
18, The Protective Order set forth in the immediately preceding paragraph is no longer
valid, having expired. by its terms, on December 3, 2003; however. both Plaintiff and Defendant
have. voluntarily, continued to abide by the designation of custody set forth in the Protective Order
as well as continuing to abide by the provisions for visitation set forth in the Protective Order.
19. Plaintiff does not know of a person not a party to the proceedings who has physical
custody ofthe child or claims to have custody or visitation rights with respect to the child.
20. The best interests and permanent welfare ofthe minor child will be served by granting
the relief requested. to wit: Legal custody and primary physical custody of Brooke Angela Bowen in
the hands of her mother. the Plaintiff, because the single. continuous, parental influence upon the
minor child during her nearly three (3) years of life has been her mother, the Plaintiff
21. There presently exists no order of custody pertaining to the minor child; the
Defendant resides in the State of Maryland; and the Plaintiff and the minor child have now (since
December, 2003) re-established their permanent domicile in the Commonwealth of Pennsylvania;
therefore, and in view of the foregoing facts and allegations, it is believed that it is in the best
interests ofthe minor child. and will promote her stability. that an Order of Court establishing and
confirming her custodial parent be entered.
22. In order to promote and maintain the stability of the minor child, Plaintiffproposes
that the Plaintiff and the Defendant share legal custody of the minor child; that primary physical
custody of the minor child be vested in the Plaintiff; and that a bi-weekly schedule of partial custody
be established between the Defendant and the minor child (alternate weekends), together with
4
provision for the sharing of major holidays of the year and provision for extended periods of partial
custody during appropriate times of each year.
WHEREFORE, Plaintiffrequests the Court to grant to her. the Plaintiff. legal custody and
primary physical custody of the minor child.
Date: Q)~\ "C.1o. c.~<::l~
.
By:
CALDWELL & KEARNS
~~~~ """~~
Carl G. Wass. ~quire
I. D. #07268
3631 North Front Street
Harrisburg, P A 17110
(717) 232-7661
Attorney for Plaintiff. Linda K. Bowen
5
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of ] 8 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: /zf; f/c 'I
/7
/f!0j{}t~
04-820/79824- ]
:i~~~~~:~"!i-~('! '~I;~~~:r:~;::-l.",;.J';:;;~~!~~:':, '
, "
[!J CmCillT COURT 0 DISTlUCr COURT OF MAHYLAND FOR ...l:\QID:r;ol:!~RL.........,...,..........
' Clty/CoWlly
Loca t cd at. ,5..0.. ,?:fa. ':y',l,a.'~ ~.. ".v, c. ~ ~ ~ ,I" ,Ho. ~.I<..Y,U,l, g." ..I:l!?,.... Case No. ..,....,........,.",....."",.....""....,.,..........
.. .Ul/l}/.,l-...., .0.?'~~ti~;;"'." ,C~~rt.^.d~'~~.. ,......" ,..,. vs. . ... ..s.TJ..1:O:.C.R;ifc;::-~~::,.':.;.::::..., ,., ,................
PROTECTIVE ORDER
After the appearance ofthe0J(titioncr-E1Pc'litGner's Counsel ba1'Gsponden~ondent's Counsel, and in
considerati9n of the Pe~on and evidence, tile Court makes the following findings: _
A1r~;~~;~~.~~q~~~~~~~~d~;;;:"'''.'''''.''''.''''' who is a Person(s) Eligible for Relief, is:
o A fonner spouse of the Respondent.
o A cohabitant with the Responden!.
o A person related to tlle Respondent by blood, marriage, or adoption,
o A parent, stepparent, child or stepchild of the Respondent or a Person Eligible for Relief who resides or
resided with the Respondent or Person(s) Eligible for Relief for at lcast90 days within one year before
the filing of the Petition.
g~lnerable adult.
MAn individual who has a child in common wilh the Responden!.
B'~~~p~:~~t;10~~~~~:le for ReHef
o In the case of vulnerable adult or minor child:
o A Stale's Attorney 0 The Department of Social SeIYiees
o A relative 0 An adult residing in tlle home
C.JJ1'bat the Respondent consents to tile entry of a protective order.
OR
OThat there is clear and convincing evidence that tile Respondent committed the following act(s) of abuse:
OAct(s) which caused serious bodily hann:...............,..........,..,....",.....,.....,...,.........................,....'........,....
..............................................................................................--...................................................................
...................................................................................................................................................................
o A~;(~).~~hi ~h .~i~~.~d'P~;~~;;' iii ~;bi~' f~;.R~j ;~f;.,;..f~.~;.~f ~;;~;;~.~~;.~~.ri~~; ';;~d;i; 'h~;;;;;.:::::: :::::: :::::: ::::
..............................,......................................................,.............................................................................
..........,........,......................,............,.............l......".,....,t................,..,..,..."..................,.,.......,......,..........
o Assault in any degree
o Rape or a statutory sexual offense (or attempl) in any degree
o False Imprisonment
o Statutory abuse of a child
o Statutory abuse of a vulnerable adult
D. That, where an order to vacate tile home is requested, tile Respondent and Person(s) Eligible for Relief
resided together at the time of abuse and: '
n A Person Eligible for Relief and the Respondent are married. or
Lj A Person ElIgIble for Rellel and Respondent are nol married but
o The name of a Person Eligible for Relief is on tllC lease or deed.
OA Person Eligible for Re1ie[has resided in the home with the Respondent for at least 90 days
within the past year.
o In the case of abuse of a child elr vulllerable adult, all adult otller tlJan Ole Respondent lives in the home.
E. This Order is denied because: ". ,.,..,............... ',............",...., ,.....,......,.." ........,.....,..",..........".....,...,....,.'.....,.....
I"
.............................-..............................................................-....-.....................................................................-...
EXHIBIT "A"
DV 3 (Rey. 10/99)
Po&!, I of 4
II!
Cose No. .."..'....,..,..'"..',.,....,'.....,................,.......,
,.......,L.'f~tJ::...~~;~7.. .." ..., ,.....,'......,....., .., vs. ,.5r."'~:r.:,f!.cJ.':'::"c~,;;;;;;j';;i" ..... ",.,.. ,'.' ..., .,. '...
/" Based on the foregoing fIndings, the Court hereby ORDERS: /_ /.
I ]. That, unless stated otherwise below, this Ordcr is effective until ,....!.'?p/.g3............,.........,......,...,..,."
r 2. That the Respondent SHALL NOT abuse orthrealento abuse.....~k:...~..'?,0:k................................,
/.......................................,......,.:...."....,...........,..,..........,......,......,........,...,..".................,.........,.............'.........
)::~~~~~;~fa~~,d~;~;;;~~~;'tE~::~~~~l;:~~e.'~~~~':;:%~:.~.~t.~tc~. r ;tl/.AOA- CH~
4. That the Respondent SHALL NOT enler the residcnccof ..,.}j.~,.::.:"..I?~,~..........:........,......,..."....... r3~r.. 8tD~
at.............~k...~~."'i'...I.&st1.!:?,.:!?.~~~:;j...r.:,.T"..o:!(.....,,:;5J.~~.~.1f~"......."..
(Residence includes yard, grounds, outbuildings, and con'mon areas sllITounding the dwclling.)
5. That the Respondent SHALL STAY A WAY from:
o The following school(s): .....................,...,..... ,.............. ..., ...,..... ,....",..,...,..... ,. .........,...,........ ................,.
o Th~.f~ii.;~i.~g.~hi.id. .~;;;:~. p;;~id~~ ::::: :::::::::::::::::::: ::::::::: ::: ::::::::::::::::::::: ::: :::::::::::::: ::::: :::: ::: :::::::::: ::::: ::::
at...........................,.......,.....,.......,....,...................".......,.........,............."......."..,..:..............................,...
~~i1oi...~i~8"pi~~~(;).~f~~;pi~y;;;~~t:......,~,..........:.....ii.~.e~~~.~~ca,~~r.~':/~~r:.""
OTh~.i~!;;~~:;~~~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ot......................,.....,....."...............,............,...,......."',..,"",....",...."",.".",'.,..".""",......."""""",....,.",,'.
OThe home of another family member ot............,......,...,.......,....,...,.."..,......"..""...""..".................,.....,..
6. That the Respondent SHALL V ACA TE Ulchome 01,................,.............,......,........,....",................................
........................................................................... immediately, and remain away. In the meantime, use and
pcs~essicr: cfthe hcm~ is gra..'1!c:d ~c- ............................ ._... ..... '..._. no.. ....... ... .............. .........._.......... ............._....
o That the Respondent, accompanied by a law enforcement officer, may rcturn to collcct clothing and
personal necessities, only between the hours of........................"...(tillle) ond ..............,..,.............(timc)
C~~:~~:t:~:d~:~~.:.:.:.:.:.:.:':.:~~:~:.:.:':.~.~:..~...~:~~~.~d~d.;~.:::::::bi.;;;:&-::::~2:~::;;:;::::::::::::::::::::::::
o Law enforcement officers are ordered to use all reasonable and necessary force to relurn the minor
ehild(ren) to the custodial parent at time of service or as soon as po~ible afier cAIry of Ulis Order.
. That visitation with U,e child(ren) listed in Paragraph 7 is grnnted to ..~7.v.~:e:E.'9.~"--.........(name)
V' . r . b . db ( ) .
ISlta IOn IS to e supervIse y.................................................. name, IS to Occur at......................................
.........................................................................................................................................................................
....(ifu;~/d;;id;i;.rti~ii;;;;~/d.;;;.~ii~~j.~i..:::::'..,:......:.....,:......:'.......::'.....::..'...:........:......::...:::....:.'... ::......i3;;.:....,.............(i~~~.ii;;;j:.".
jJt.~~ft.~~.$.t~~$.;~.~.~~~.t.~~a;.~~.~?T;S.y~:~:~~\~~~~::~J;%::;;;;;;;.~ o~ ~~
In case of emergency, or ifthere is a need to cancel visltaion,................,........................................(name) ~
hall be the intermediary. The following additional terms shall also apply:........,.............................................. Ar iYIflo. [,
That the Respondent SHALLP A Y Emergency Family Mainlenance in the amount of$ .....H...............,....,.. Ho I1<..L
everyOweek 02 weeks Omonth to ................................... (nanle) beginillg .......~,.................,.(date)
ndDmail payment to U,e following address .....'.....................,...................'.....,....,...... ...,.,.. ...........,... ,..... .....
DAn Earnings Withholding Order (DV ]2) shall issue.
That exclusive use and possession ofUle vehicle described as.................................,...,...................,......,.....,. A
'. ~
: 'ih;;i' ih~i~;p;~d~~.;.SHAiL. p;;rti~;p'~~~ fn~~d~,~~i.ii;~ ';~q~i;'~;;~;;i;';; i ii;~i~ii~~;;;~. d~;;;~~.t;~. .~.i;i~~.~c f::'" rv:;,- -1> I>!-
~l'nf::..~~JOn.J1y :!Iu~rvJ:tod ooun.:f~JJn8 pro8ram:!l:(.)..m.'b.~....:tI:w~.. (program narnt:J). v-J1~ p 'f?<~
....................................,...,~.~.-;:c:.......(program address) ..;......,......,..........."......(program leJe~honenumber). ~v
) .,...,........,...................................................,.......,...........,...,.....,.-::"......, rogramname) ~~
Th~.R~~..;;;;d~.~.;.~i;~ii.~.......................,(progr.::JD;address)....i....:2:;9:,,' .... grom)teJep one number). '~~~
p pply on or before...........~~.............,.....~. ......... ..........,...........,......(date). , 0+""
That the Respondent SHALL sllITender all fJre:mn(s) to lawenforcemen agenc .....:.................................. lA,.-6- f (1"/
..............................,......,. rthe d at,'on 0 Ul"'S Protectl've Order c.ov;.$'t./' vr> ,;",,~
.................................................... ..... . - '. lrv--'" ,........,".
That the Respondent SHALL pay costs, including costs or out -state of/he Ex Parte Order S"~l."fl"IO"; Sf.
an~or thr' prttective Order. (- 'A~CJ<("c.. flel! .
...,....~.. ,3,. .0.. ............................ . "'h.
'" ~ ...,.... ..h:;joHi,"i'W:JU~BELi'lis:.i;i................
h ...........".,..^'"",.".,.,.,..............,...........",
I"
Case No. ..,.........,..,.........,..'."....,.....,....................
.-............................................................................
vs.
..............................................................................
PctitioDcr RespoDdent
Each party shall be scrvc:d Wilh n copy of this Protective Order. 'ne c1crk shall mail additionol copies to the following:
I...................,.......................................,................
3. ......................................................,.,.....,............
2. ........,.,............".....,.,..,......,........,.......'...,......,....
4......,....,."..,...,...........,.......................,.................. '
, CERTIFICATION OF ISSUING JUDGE
It is certified tllat under the laws ofMaryJand:
(I) tlle issuing court has jurisdiction over the parties and tlle subject matter,
(2}tlle Respondent was given reasonable notice and an opportunity to be heard at aProtectivc Order hearing.
(3) in the case where a mutual Protective Order has been issued, the court has made a detailedftnding offaet
that each party was entitled to such an order.
..............................................................................
..............................................................................
03le Ju~,c
C . Circuit Court for Montgomery County, MI) IIr\HN W, DEljELlUS, III
oul1..............,. ,......., '..... ,.. ......"" '. ,....., ,.............,..... .....,., ........" ".,..,..". ,P.y,....,...."..........,. ,.,',.."...,..',.'",.........,...
Address:.... 5. (),. .M.<!.r.Y. ~".n.~..1l.. v. ~ I!.'."'. !,. J{~!'.k. V. g.~. '" ...1:10....2.0.11,5.0.,."..".....,..,.,.,......",.................. ,......."......,...,..
Phone: ,.....",....."'.,,,....,. ,..........,...",. ,...,..,..,...... .............,....... Fax: ,...."......, ,......."....... ,.,... ,.,..... '....,.,...,...,.....,......,
NOTICE TO RESPONDENT
VioIatJOll of this Protective Order may be a state nnd/or fcder~J (Time or contempt of cour' or J.lOth, and
result in ImprIsonment or fine or both. This rrotedivc Order may be euforced by anotber state or other
jurisdiction, whleh may Impose "ldft/on.1 or differenl penalties for the vIolation.
While this Protective Order Is In effect you may be subject to a federal peualty unuer the 1994 amendment
to the Gun Control Act, 18 U.S.c. Section 921(g)(8), for possessing, transporting, or .ccepting a fireorm.
TRUE COPY CERTIFICATION OF PROTECTIVE ORDER
Attestation of Clerk
I, ........................................................................., Clerk of this Court ill,.........l.:.:............................City/County,
State of Maryland, do hereby certify that I have compared tlus Protective Order with the original Protective
Order wluch is on file in my office, and thatthi, i'wtective Order is. Ime and correct copy ofU,e original, and
the whole Ulereof.
In tQAtimcmy whorllll()f. I hAVA hqnJtmto .ot my hR.nd And Affix,,,:! th~ "GAl of
said Court at ................................................,............................., Maryland,
Ulis .........,...... day of ................."......"......"........,.......,.........,...., ..................
Ynr
.........................................................................................................................
Clerk
,"
Case No. .....,..........,.,...,..,...,......."..,.....,......,......,.
...-........ -............-.... P~~i.ti~~.~........................... -..........
vs,
.................................-...........................................
RnpomJcnl
Attestation of Judge
I J':'.~l~..~:...?'?~~.1.~\J':..,~.I.r..........".........,...,................., Judge of this Court ill.....I1.':'.~~!>.'?~~.r)'.........,.......
. .......
,
.......................................... City/County, State of Maryland, do hereby certify that.,.............,...........,......,............
vhose name is subscribed to Ule foregoing certificate of attestation, now is, andlor was at the time of signing
nd sealing UJe same, a Clerk ofulis Court in .I1.o.~~.g.o.~~.r.y.....,..,....................,..,....."........,...............,......,..........
:ily/County and that his/her attestation is in dlle fOl11l of Jaw.
'.
............................................................................
Dlle
.........................................-....................................
JuJa:e
JOHN W. DEBEUUS, HI
mrt:..... C.iJ:!:lI.i. t;.. J::.Q,\Ir..L, t n.L. ~.'I.~1); g9.!'!~^Y.,. C.Q.\llJ Ky.... Mil,..,. ,..,..,','".,....".,......,.. ,.,.. ....... ,.'...."...............,.
1dr .50 Maryland Avenue, Rockville, HI) 20B50
ess.........................."...........,....,...,..........,.....",.,."......".,.........."",."...'.,.,........."....,".............'"............,.,.......
one:...................................................................
fax:......".........,....,.,......,....,......................,...........
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LYNDA K. BOWEN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
04-5400 CIVIL ACTION LAW
STUART A. BOWEN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, November 04, 2004
, 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 301 Market Street, Lemoyne, PA 17043 on Wednesday, December 01, 2004 at 11:30 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, All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
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 hearinf!.
FOR THE COURT.
By: /s/
Melissa P. Greevy, Esq.
Custody Conciliator
mhc
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
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERL.AND COUNTY, PENNSYLVANIA
NO. 04-5400 CIVIL TERM
LYNDA K. BOWEN,
v.
STUART A. BOWEN,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
:ORDER OF COURT
AND NOW, this "1J. day of December, 2004, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. Leaal Custody. The parties, Lynda K. Bowen and Stuart A. Bowen, shall have
shared legal custody of the minor child, Brooke Angela Bowen, born November 18, 2001.
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 genelral well-being including, but not
limited to, all decisions regarding his health, education and religion. Pursuant to the terms
of 23 Pa. C. S. ~5309, each parent shall be entitled to all rec:ords 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 n9asonable 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 minor
child subject to Father's rights of partial custody which shall be arranged as follows:
A. Commencing December 30, 2004 and on alternating Thursdays
from 6:30 p.m. until Friday at 7:30 p.m.
B. Commencing January 6,2005 and on alternating weekends from
Thursday at 6:30 p.m. until Sunday at 2:00 p.m.
C. At such other times as the parties may agree.
3. Holidays. The parties will continue to shalre holidays by their mutual
agreement. For Christmas 2004, Mother will have custody from December 23, 2004
through Christmas Day at 3:00 p.m. and Father will have custody from Christmas Day at
3:00 p.m. until December 26, 2004 at 2:00 p.m. Additionally, Father will have custody for
the period from December 16, 2004 at 6:30 p.m. until December 18, 2004 at 3:00 p.m.
NO. 04-5400 CIVIL TERM
4. Summer. Each party shall be entitled to one (1) week of custody for purposes
of Summer vacation. The parties shall provide each othor with at least a thirty (30) day
notice of their planned vacation time. In the event that the parties have arranged conflicting
schedules for vacation, the party first providing written notice to the other party shall have
choice of the vacation week. Additionally, the vacationing parent shall provide a telephone
number and location where they can be reached during the vacation.
5. The parties shall participate in therapeutic family counseling to assist them in
managing the child's emotional reaction to custodial transition times.
6. This Order is temporary in nature. If within ninety (90) days of the date of the
Custody Conciliation, an additional Conference is needed, counsel for either party may
contact the Conciliator by letter to request that the Custody C y'li . n Conference be
reconvened. I /,
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BYTHE,90URT: (//1
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Dist: ~G. Wass, Esquire, 3631 N. Front Street, Harrisburg, PA 17110
v8fuart A. Bowen, 18825 Heritage Hills Drive, Brookeville, MD 20833
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5400 CIVIL TERM
LYNDA K. BOWEN,
v.
CIVIL ACTION - LAW
STUART A. BOWEN,
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
Brooke Angela Bowen
November 18, 2001 Mother
2. A Custody Conciliation Conference was scheduled for December 14, 2004
following Mother's filing of a Divorce Complaint with a Count for Custody on October 27,
2004. Present for the conference were: the Mother, Lyndi9 K. Bowen, and her counsel,
Carl G. Wass, Esquire; the Father, Stuart A. Bowen, attended pro se.
3. The parties reached an agreement in the form of an Order as attached.
/~(I fa /o'f
Date
l"<<JL~/-< ~
Melissa Peel Greevy, Esquire
Custody Conciliator
:241214
LYNDAK. BOWEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLA'ID COUNTY, PENNSYLVANIA
vs.
No. 04-5400
STUART A. BOWEN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE/CUSTODY
AFFIDA VIT OF SERVICI~
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and lor said Commonwealth and
County, Carl G. Wass, Esquire, who being duly sworn according to law, states that he served a
certified copy of the Divorce Complaint upon the Defendant, Stuart A. Bowen pursuant to
Pennsylvania Rule of Civil Procedure 1930.4( c) and (f) by mailing to the said Defendant, Stuart
A. Bowen at 18825 Heritage Hills Drive, Brookeville, Maryland 20833, by first class mail,
postage prepaid, and by certified mail, restricted delivery, return receipt requested, said certified
mail piece being No. 70040550000026222900; that service of the foregoing was made on
November 4, 2004; and that attached hereto and incorporated herein by reference is the return
receipt, bearing the signature of the Defendant, Stuart A. Bowen, acknowledging receipt ofthe
aforementioned documents by the Plaintiff, Lynda K. Bowen.
Sworn to and sl!i.~~ribed
before me this~ay
of , 2004.
~
Carl G. Wass, E uire
Caldwell & Kearns, P. C.
Attorney 1. D. # 07268
3631 North Front Street
Harrisburg,PA 17110-1533
(717) 232-7661
N ary Public
NOTARIAl SEAl
FAY L POT'TEIGSR. Notary Public
.~ lWp., DauphJn 0uIty
,}I.y_~ml8elon ~/llS Ju1y 1, mat
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04820/82675
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CALDWELL & KEARNS
A PROFESSIONAL CORPORATION
.JAMES R, CLIPPINGER
CHARLES .J. DEHART. III
.JAMES D. CAMPBELL. .JR.
.JAMES L. GOLDSMITH
P. DANIEL ALTLAND
.JEFFREY T. McGUIRE'
STANLEY J. A. LASKOWSKI
DOUGLAS K. MARSICO
BRETT M. WOODBURN
RAY .J. MICHALOWSKI
-ALSO A MEMBER OF NJ BAR
ATTORNEYS AT LAW
OF COUNSEL
RICHARD L. KEARNS
CARL G. WASS
3631 NORTH FRONT STREET
HARRISBURG. PENNSYLVANIA /7110-1533
THOMAS D. CALDWELL. JR.
11928.20011
November 1, 2004
717-232-7661
FAX; 717-232-2766
thefirm@caldwellkearns.com
Mr. Stuart A. Bowen
18825 Heritage Hills Drive
Brookeville, MD 20833
Certified Mail, Return Receipt Requested
Restricted Delivery
No. 70040550000026222900
& First Class Mail
RE: Lynda K. Bowen v. Stuart A. Bowen
Court of Common Pleas of Cumberland County, Pennsylvania
No. 04-5400, Complaint in Divorce & Child Custcldy
Dear Mr. Bowen:
Your wife, Lynda, has retained the undersigned to file a Complaint in Divorce in the Court
of Common Pleas of Cumberland County, Pennsylvania, seeking a termination of the marriage
between the two of you. Additionally, and as authorized by Pennsylvania law and civil
procedure, there is a Count II included in the Complaint which seeks a Court Order pertaining to
the custody of Brooke.
In accordance with Pennsylvania Rule of Civil Procedure No. 1930A.(c) I am enclosing
with this letter a filed and clocked copy of the Complaint. An additional copy of this letter, as well
as an additional copy of the Complaint, is being sent, simultaneously, to you by First Class mail.
If you have an attorney, I suggest that you take the enclosed Complaint and this letter to your
attorney to discuss your rights and options with him/her.
I feel compelled to share one meaningful item with you, to wit: Count II of the Complaint,
raising the question of the custody of Brooke is of immediate concern to both you and Lynda, in
asmuchas there presently exists no custody order at all. The procedure utilized by the
Cumberland County Court is that an individual will be appointed by the Court to serve as a
Custody Conciliator. You should receive work within the next ten days, directly from that
Custody Conciliator of a scheduled date for a Custody Conference.
Very truly yours,
CGW:se
Ene.
cc: Lynda K. Bowen (w/enc.)
04820/80569
Carl G. Wass
CALDWELL & KEARNS
CJ
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U.S. Postal Service
CERTIFIED MAIL" RECEIPT
(DomestIc Mail Only; No Insurance Coverage Provided)
..
Ira H. Weinstock, P.C.
October 29, 2004
Page 2
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LYNDA K. BOWEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 04-5400
STUART A. BOWEN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE/CUSTODY
AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c)
OF THE DIVORCE CODE
1. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on
November 17,2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce without notice.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
5. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy ofthe decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to
unsworn falsification to authorities.
Dated: .s:- / /
.2005
~//4~
Stuart A. Bowen, Defendant
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ss#d)/3 - 7r:., - .373~
04-820/87562
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LYNDA K. BOWEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIII.
vs.
No. 04-5400
STUART A. BOWEN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE/CUSTODY
AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c)
OF THE DIVORCE CODE
I. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on
November 17, 2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce without notice.
4. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! do not claim them before a divorce is granted.
5. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9
4904 relating to unsworn falsification to authorities.
Dated: nil ~
I
.2005
lor v~ IL. f~z16Ut:A-./
L1hda K. Bowen, Plaintiff
S S# 11'&' 'S-O -0{fiS--
04.820/87561
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LYNDA K. BOWEN,
Plaintiff,
IN THE COURT OF COMMON PLES
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
NO. 04-5400
STUART A. BOWEN.
Defendant.
CIVIL ACTION - LA W
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following infonnation, to the Court for entry of a
Divorce Decree:
I. Grounds for divorce: irretrievable breakdown under Section 330] (c) of the Divorce
Code. (Strike out inapplicable section.)
2. Date and manner of service of the Complaint: November 4, 2004, by certified mail,
Affidavit of Service on file.
3. (Complete either paragraph (a) or (b))
(2) Date of service of the Plaintiffs Affidavit upon the Defendant:
Divorce Code: by Plaintiff, May ]3.2005; by Defendant, May]], 2005
(a) Date of execution of the Affidavit of Consent required by Section 330](c) of the
Divorce Code:
(b) (I) Date of execution of the Plaintiffs Affidavit required by Section 330 ] (d) of the
4. Related claims pending: None.
-.
.
,
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe a copy of
which is attached:
(b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: May 20,
2005.
2005.
Date Defendant's Waiver of Notice was filed with the Prothonotary: May 20,
6. Plaintiffs Social Security number: 178-50-6095
Defendant's Social Security number: 213-76-3935
Date: \J..o...u c. {;, c... 00<;;
.:::.
By:
Respectfully submitted,
~~\~
Carl G. Wass, Es e
Attorney 1. D. # 07268
Caldwell & Kearns, P.C.
3631 North Front Street
Harrisburg, PA 17110-1533
(717) 232-7661
Attorney for Plaintiff, Linda K. Bowen
CGW/ajs
04-820/88291
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IN THE COURT OF COMMON PLEAS
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OFCUMBERLANDCOUNTY
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PEN NA.
.
STATE OF
.
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T.ynnr:l K Rnwpn
No.
04
5400
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Plaintiff
VERSUS
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Stuart A. Bowen
.
Defendant
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DECREE IN
DIVORCE
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'-7.A~ IT IS ORDERED AND
AND NOW,
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DECREED THAT Lynda K. Bowen
, PLAI NTI FF,
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AND Stuart A. Bowen
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWI~~S WHICH HAVE
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BEEN RAISED OF RE~~~D IN THIS ACTION FOR WHICHA FINAL ORDER
YET BEEN ENTERED;VV~
HAS NOT
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LYNDA K. BOWEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-5400 CIVIL TERM
STUART A. BOWEN,
Defendant II
CUSTODY
i
I,
IPRDER OF COURT
AND fW' this 13th day of June, 2006, by
agreement of the par ies, the Order of December 21, 2004, is
modified as follows:.
1. Mothel~ shall have temporary physical and legal
custody of the chil~;
2. The shall continue to see her current
derson, in Carlisle.
therapist, Georgie
3.
will choose a licensed and professional
,
,
family therapist who! will address the underlying issues in this
matter. The therapi~t shall also work with Georgie Anderson and
I'
Lynda Bowen to deter~ine when renewed visitation is appropriate
and under what condihions.
I
4. The F~ther is to have no contact with the child
until both the familll therapist and Georgie Anderson agree that
contact is appropria~e.
5. In th~ event that the therapists think that
Father is not approP~iate and Father feels otherwise, we will
have a hearing on th s matter. Further, in the event that the
therapists think con act is appropriate and Mother feels
otherwise, we will h ve a hearing on this matter.
Lucy ohnston-Walsh, Esquire, at the Family Law
Clinic is appointed s guardian ad litem for the child.
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~ce DIAlo, Esquire
MidPenn Legal Servic s
For the Plaintiff
~rk F. Bayley, Esqu re
Irwin & Bayley
For the Defendant
fi-cy Johnston-Walsh, Esquire ~
Family Law Clinic
Court-appointed G.A. . for Child
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Court Administrator
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MARK F. BAYLEY, ESQUIRE
BAYLEY & MANGAN
57 W. POMFRET STREET
CARLISLE P A 17013
(717) 241-2446
ATTORNEY ID NO. 87663
ATTORNEY FOR DEFENDANT
Lynda Kay Bowen,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04 - 5400
CIVIL TERM
Stuart Anthony Bowen,
Defendant,
: IN CUSTODY
MOTION TO RESUME PRIOR CUSTODY ORDER OF DECEMBER 21.2004
AND NOW, comes Stuart Anthony Bowen, by and through his attorney, Mark F. Bayley,
Esquire, and in support of the within Motion avers as follows:
1. Father's custody rights were suspended by Court Order dated June 13,2006 (Order
attached as Exhibit "A") which directed Father to choose a licensed and professional
family therapist to work with the child's therapist, Georgi Anderson, and Mother,
Lynda Bowen, to determined when renewed visitation would be appropriate.
2. Grace D'Alo, Esquire, who previously represented Mother with regard to the related
PF A Petition has indicated that she will not be representing Mother on the within
Custody docket.
3. Father selected Dr. Bette Marcus to assist him with the matter.
4. Georgi Anderson was forwarded contact information for Dr. Marcus and has, to date,
failed to correspond.
5. Dr. Marcus has left telephone messages to Ms. Anderson and she has failed to
respond.
6. If Mother and her retained counselor show no interest in abiding by the June 13,2006
Order, visitation should recommence under the prior Order.
Wherefore, Father respectfully requests the Court to ratify the prior Custody Order dated
December 21,2004.
Respectfully submitted,
BAYLEY & MANGAN
Dated:
H~-ll'o~
Mark F. Bayley, Esqui
57 W. Pomfret Street'
Carlisle,PA 17013
(717) 241-2446
Supreme Court I.D. # 87663
Attorney for Defendant
Lynda Kay Bowen,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04 - 5400
CIVIL TERM
Stuart Anthony Bowen,
Defendant,
: IN CUSTODY
VERIFICATION
MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Defendant, Stuart
Anthony Bowen, in this action; that he makes this affidavit as attorney because he has sufficient
knowledge or information and belief, based upon his investigation of the matters averred or
denied in the foregoing document; and that this statement is made subject to the penalties of 18
Pa. C.S. Pa.C.S. ~4904, relating to unsworn falsification to authorities.
Date: -to,/ Ll--"()(p
Mark F. Bayley squire
Attorney for Defendant
Lynda Kay Bowen,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04 - 5400
CIVIL TERM
Stuart Anthony Bowen,
Defendant,
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day
served a copy of the within Motion upon the following by depositing same in the United States
mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Lucy Johnston-Walsh, Esquire (GAL)
Family Law Clinic
45 N. Pitt St.
Carlisle, Pa 17013
Lynda Bowen
302 E. Meadow Dr.
Mechanicsburg, PA 17055
Dated: l 0-/ ~ ~ D(p
LYNDA K. BOWEN,
Plaintiff
TN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-5400 CIVIL TERM
STUART A. BOWEN,
Defendant
CUSTODY
ORDER OF COURT
AND NOW, this 13th day of June, 2006, by
agreement of the parties, the Order of December 21, 2004, is
modified as follows:
1. Mother shall have temporary physical and legal
custody of the child.
2. The child shall continue to see her current
therapist, Georgie Anderson, in Carlisle.
3. Father will choose a licensed and professional
family therapist who will address the underlying issues in this
matter. The therapist shall also work with Georgie Anderson and
Lynda Bowen to determine when renewed visitation is appropriate
and under what conditions.
4. The Father is to have no contact with the child
until both the family therapist and Georgie Anderson agree that
contact is appropriate.
5. In the event that the therapists think that
Father is not appropriate and Father feels otherwise, we will
have a hearing on this matter. Further, in the event that the
therapists think contact is appropriate and Mother feels
otherwise, we will have a hearing on this matter.
Lucy Johnston-Walsh, Esquire, at the Family Law
Clinic is appointed as guardian ad litem for the child.
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Edward E. Guido, J.
Grace D'Alo, Esquire
MidPenn Legal Services
For the Plaintiff
~a F. Bayley, Esquire
I win & Bayley
or the Defendant
Lucy Johnston-Walsh, Esquire
Family Law Clinic
Court-appointed G.A.L. for Child
Court Administrator
srs
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-....-.
.
Lynda Kay Bowen,
Plaintiff
v.
Stuart Anthony Bowen,
Defendant,
~
OCT 0 5 2006~
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04 - 5400
CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this)15~ day of D~ ,2006, a hearing on the within
Motion is hereby scheduled for the ;;.o.taay of () ~ , 2006, at II. U~clock .1: m.,
in Courtroom # ~, of the Cumberland County Courthouse.
)>istribution: ~
iI-'?da Kay Bowen
r~k F. Bayley, Esquire
~ff\\\Y Lcuu
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SS :2 !,ld 0 I JJO 9GOl
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MARK F. BAYLEY, ESQUIRE
BAYLEY & MANGAN
57 W. POMFRET STREET
CARLISLE PA 17013
(717) 241.2446
AlTORNEY ID NO. 87663
AlTORNEY FOR DEFENDANT
Lynda Kay Bowen,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
PENNSYLVANIA
v.
: NO. 04 - 5400
CNIL TERM
Stuart Anthony Bowen,
Defendant,
: IN CUSTODY
MOTION FOR CONTINUANCE OF ONE MONTH
AND NOW, comes Stuart Anthony Bowen, by and through his attorney, Mark F. Bayley,
Esquire, and in support of the within Motion avers as follows:
1. Father filed a Motion to Resume his prior Custody Order earlier this month; a hearing
wa scheduled for Friday, October 20, 2006.
2. Said Motion was filed because Mother's counselor, Georgi Anderson, was not
participating with Father's counselor, Dr. Bette Marcus, as directed in a previous
Court Order.
3. Undersigned counsel has learned that Ms. Anderson did finally make contact with
Dr. Marcus (after the above Petition was filed).
4. Progress will now hopefully be made with regard to reunifying Father with the child.
5. Undersigned counsel remains skeptical that Mother and Ms. Anderson will participate
with the above goal in mind and requests to continue the hearing for one (1) month.
..
WHEREFORE, Father requests a continuance of this hearing for approximately one (1)
month.
Respectfully submitted,
BAYLEY & MANGAN
Dated: l u-- ( ~ - 6 Co
~
Mark F. Bayley, EsqUke
64 S. Pitt Street
Carlisle, P A 17013
(717) 243-6090
Supreme Court J.D. # 87663
Attorney for Defendant
.,
Lynda Kay Bowen,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 04 - 5400
CIVIL TERM
Stuart Anthony Bowen,
Defendant,
: IN CUSTODY
VERIFICATION
MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Defendant, Stuart
Anthony Bowen, in this action; that he makes this affidavit as attorney because he has sufficient
knowledge or information and belief, based upon his investigation of the matters averred or
denied in the foregoing document; and that this statement is made subject to the penalties of
18 Pa. C.S. Pa.C.S. ~4904, relating to unsworn falsification to authorities.
Date: 1 ()---l ~ ~o Co
\~
Mark F. Bayley, Esqu re
Attorney for Defendant
.
Lynda Kay Bowen,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04 - 5400
CIVIL TERM
Stuart Anthony Bowen,
Defendant,
: IN CUSTODY
CERTTInCATEOFSERVICE
I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day served
a copy of the within Motion upon the following by depositing same in the United States mail,
postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Lucy Johnston-Walsh, Esquire (GAL)
Family Law Clinic
45 N. Pitt St.
Carlisle, Pa 17013
Lynda Bowen
302 E. Meadow Dr.
Mechanicsburg, PA 17055
Dated: 1 ~ l q -0 Cp
~~
Mark F. Bayley, Esq re
Attorney for Defendant
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Lynda Kay Bowen,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04 - 5400
CIVIL TERM
Stuart Anthony Bowen,
Defendant,
: IN CUSTODY
ORDER OF COURT
AND NOW, this~() ~ay of O~ ,2006, the hearing currently
scheduled for October 20, 2006 is hereby continued. The hearing is now scheduled for the 3 f) fA
day of ~~ , 2006 at ?'''lock A m. in Courtroom #3 of the Cumberland
County Courthouse.
J.
Distribution:
Lynda Bowen
Lucy Johnston-Walsh, Esquire
Mark F. Bayley, Esquire
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MARK F. BAYLEY, ESQUIRE
BAYLEY & MANGAN
57 W. POMFARET STREET
CAltLISLE PA 17013
(717) 241-2446
ATIORNEY ID NO. 87663
ATIORNEY FOB. DEFENDANT
Lynda Kay Bowen, on behalf of
Minor child, Brooke Angela Bowen,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-5400
CIVIL TERM
Stuart Anthony Bowen,
Defendant,
MOTION TO WITHDRAW PETITION
TO RESUME CUSTODY ORDER OF DECEMBER 21.2004
AND NOW, comes Stuart Anthony Bowen, by and through his attorney, Mark F. Bayley,
Esquire, and in support of the within Motion avers as follows:
1. A motion to Resume Custody Order of December 21,2004 was filed on October 4,
2006.
2. A hearing with regard to said motion is currently scheduled for November 30, 2006.
3. All parties are now unopposed to the withdrawal of said Motion.
Wherefore, it is respectfully requested that the hearing currently scheduled for
November 30,2006 be cancelled.
Respectfully submitted,
BAYLEY & MANGAN
Dated:ll ~ ~ ()- O~
~
Mark F. Bayley, Esquire
57 W. Pomfret Street
Carlisle, P A 17013
(717) 241-2446
Supreme Court J.D. # 87663
Attorney for Defendant
,
Lynda Kay Bowen, on behalf of
Minor child, Brooke Angela Bowen,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVAN[A
v.
: NO. 04-5400
CIVIL TERM
Stuart Anthony Bowen,
Defendant,
VERIFICATION
MARK. F. BA YLEY, ESQUIRE, states that he is the attorney for Defendant, Stuart
Anthony Bowen, in this action; that he makes this affidavit as attorney because he has sufficient
knowledge or information and belief, based upon his investigation of the matters averred or
denied in the foregoing document; and that this statement is made subject to the penalties of 18
Pa. C.S. Pa.C.S. ~4904, relating to unsworn falsification to authorities.
Date: l \- ~O-O~
Mark F. Bayley, Es ire
Attorney for Defendant
,
Lynda Kay Bowen, on behalf of
Minor child, Brooke Angela Bowen,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-5400
CIVIL TERM
Stuart Anthony Bowen,
Defendant,
CERTDnCATEOFSERVICE
I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day
served a copy of the within Motion upon the following by depositing same in the United States
mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Family Law Clinic
45 N. Pitt St.
Carlisle, P A 17013
Lynda Bowen
302 E. Meadow Dr.
Mechanicsburg, P A 17055
Dated: ll- ~ 6-- Ot,
LJ~
Mark F. Bayley, Esquire
Attorney for Defendant
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Lynda Kay Bowen, on behalf of
Minor child, Brooke Angela Bowen,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-5400
Stuart Anthony Bowen,
Defendant,
ORDER OF COURT
AND NOW, this ~ day of ~
scheduled for November 30,2006 is hereby cancelled.
CIVIL TERM
,2006, the hearing currently
Distribution:
Family Law Clinic \
Mark F. Bayley, Esquire /
Lynda Bowen
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