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HomeMy WebLinkAbout02-2829BRIAN E. BOWERS, Plaintiff PATRICIA KOLTRIDER, Defendant :IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02- ~'~ag.c:] CIVIL TERM :CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Brian E. Bowers, residing at 755 Tower Road, Enola, Cumberland County, Pennsylvania. 2. The defendant is Patricia Koltrider, residing at 424 Third Street, Enola, Cumberland County, Pennsylvania. 3. The plaintiff seeks custody of the following child: Name Amanda Bowers Present Residence 424 Third Street Enola, PA Age 12, D.O.B. July 24, 1989 The child was bom in wedlock. The child is presently in the custody of Patricia Koltrider, who resides at 424 Third Street, Enola, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Name Address Date Patricia Koltrider, William Corman, Dorothy Stoddart, Mike Haverstein 424 Third Street Enola, PA 2001 -present BRIAN E. BOWERS, Plaintiff Vo PATRICIA KOLTRIDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2829 CIVIL TERM : CUSTODY AFFIDAVIT OF SERVICE I, .3~RR¥/-[i~.I~O?~. , do hereby certify that on .JO&t/ JZ ,2002, I did personally serve upon Defendant, PATRICIA KOLTRIDER, the above-captioned Complaint for Custody and Order of Court scheduling a Custody Conciliation for Tuesday, July 16, 2002 at 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. Signed: Patricia Koltrider 429 Third Street Enola, PA 1995-2001 The mother of the child is Patricia Koltrider, currently residing at 424 Third Street, Enola, Pennsylvania. She is single. The father of the child is Brian E. Bowers, currently residing at 755 Tower Road, Enola, Pennsylvania. He is married. 4. The relationship ofplaintiffto the children is that of father. The plaintiff currently is residing at 755 Tower Road, Enola, Pennsylvania. 5. The relationship of defendant to the children is that of mother. The defendant is believed to be currently residing with the following persons: Name Dorothy Stoddart William Corman Mike Haverstein Relationship Defendant's mother Defendant's boyfriend Defendant's mother's boyfriend 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiffhas no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. The plaintiffdoes not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare ofthe child will be served by granting the relief requested for reasons including the following: The plaintiff/father has expressed an interest in the care and upbringing of the child and, recently, has not been allowed to have visitations with the child. The father can provide a stable environment for the child. It is in the best interest of the child to have a nurturing relationship with her father. 10. Each parent whose parental rights to the children have not been terminated and, to the best of the plaintiff's knowledge, the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant shared legal custody and partial physical custody of the child. i~yd'fo~tiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243 -9400 VERIFICATION The above-named Plaintiff, Brian E. Bowers, verifies that the statements made in the above Complaint for Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Brian E. Bowers BRIAN E. BOWERS, Plaintiff PATRICIA KOLTRIDER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :No. 02- ~-,~CIVIL TERM :CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERI~ To the Prothonotary: Kindly allow, Brian E. Bowers, Plaintiff, to proceed in forma pauperis. I, David Lopez, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Dav~ Attorney for Brian E. Bowers MIDPENN LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 BRIAN E. BOWERS PLAINTIFF V. PATRICIA KOLTRIDER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-2829 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Wednesday, June 12, :1002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 16, 2002 at 8:30 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 hearing. FOR THE COURT, By: /s/ Iacaueline M. Vernev. Esa. 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 thc 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUL ] ' 2002 BRIAN E. BOWERS, Plaintiff PATRICIA KOLTRIDER, Defendant : IN THE COURT OF cOMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2002-2829 CIVIL TERM : · CIVIL ACTION - LAW : : IN CUSTODY O~RDER OF COURT this Iak day of ._._~13 ,2002, upon AND NOW, attached Custody Conciliat~on-Re~o~°rd~red and directed as consideration of the follows: · dan E Bowers, and the Mother, Patricia Koltrider, shall 1. The Father~ B ', ...... horn July 24, 1989. Each parent shall have shared legal custody of Amanaa t~o~-o, - - 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 her health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. Father shall have periods of partial physical custody as follows: A. Beginning July 19, 2002 alternating weekends from Friday at 3:00 p.m. to Sunday at 6:00 p.m. During the school year, Father shall have partial physical custody of the Child from after school on Fridays to Sunday at 6:00 p.m. B. Every Wednesday overnight, in the summer from 3:00 p.m. to Thursday at 5:00 p.m. During the school year, from after school to Thursday morning when Father will deliver the Child to school or see to it she gets on the school bus. C. One non-consecutive week each during the months of June, July, and August with at least two weeks prior notification to Mother, except for July 2002, reasonable notification shall be given. D. Such other times as the parties agree. Holidays: A. Christmas:. The Christmas holiday shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 26, at 12:00 noon. Father shall have physical custody of the Child for Block A in even numbered years and Block B in odd Bo Do numbered years. Mother shall have physical custody of the Child for Block A in odd numbered years and Block B in even numbered years. Child's birthda22.' Father shall have physical custody of the Child on her birthday from 7:00 a.m. to 2:00 p.m. Mother's Day/Father's Day: Mother shall have physical custody of the Child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have physical custody of the Child on Father's Day from 8:00 a.m. to 6:00 p.m. Other Holidays: The parties shall alternate the following holidays- Labor Day, Thanksgiving, Easter, Memorial Day and July 4th. Father shall have physical custody of the Child on Labor Day 2002 and the parties shall alternate the holidays thereafter. For said holidays, physical custody shall run from the evening before the holiday at 6:00 p.m. to 2:00 p.m. the day of the holiday. 5. Transportation shall be shared as agreed by the parties. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: David Lopez, Esquire, Mid Penn Legal Services, Counsel for Fairer Patricia Koltrider, pro se 424 Third Street Enola, Pa 17025 ~ crn,od~-d., ~,/~/oa.. Jo JUL 7 BRIAN E. BOWERS, Plaintiff Ve PATRICIA KOLTRIDER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-2829 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information conceming the Child who is the subject of this litigation is as follows: NAME Amanda Bowers DATE OF BIRTH July 24, 1989 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on July 16 2002, with the following individuals in attendance: The Father, Brian E. Bowers, with his counsel, David Lopez, Esquire of the Mid-Penn Legal Services and Mother, Patricia Koltrider, pro se. 3. The parties agreed to the entry of an Order in the form as attached. Date ~cqt(dline M. Vemey, Esquire Custody Conciliator