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Home My WebLink About96-01926 1 I , ~ , " A'~ r'j i J j { i i i ~ "'l ~ ...... \ ~ .~~'~~-~-~-*~-~-*-**-~)~*.*~~*-~~.~ e --'-~ --'.----,-.' --- - -~ - ,_.'. ------~-,,'-- _. . ~ . , 8 ~ 8 ~ """"""""",.,"""""//"""""""""" ~ .' / -' ~ Jl y I.T II e C (II/t : , ' ': "'Y-Yl~! l!I t " :~ ,~ ^lle.I:,-) , ",),,/, /:J,:o"/ ?i J, Pi . .,., ri H,.. t r t. IIA.f, .. 7/"':"1r~ ,I ,,;.. .,' ,. ~. '.....)0' Ii iii.' ,~I."" /" 1",('" (,}((',/ " , . t.,.~ 1,.( .. .t. Y. A#Z!J ~ ~ ~: . / ..f'rollwllutnl"Y f .' I~ ~ /',' , '.'. , ____._, ..___ - .__ n_'.. .~~~--~-_.'~.**~"~*~.,~.~.~.*.~,*.~~.~.~..~:.~.~.~. s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~, PENNA, s s 8 e ~ s " ., Jennifer Neyers-nurlleB9 " ~ i\ ll. 96 - 1926 w ',' Plaintiff " ., Vt'r...ill:; ~ ',' David JameB nurgeBB ~ ',' Defendant " " e " " DECREE IN DIVORCE ANDNOW:~,~J9"",,',.,' 19,'11". It Is ordered and .'. ~ 8 ~ " S ~ . ~ 8 8 8 ~ " decreed that ,','" ~~!l!l,i,f~!" ~~>'~!',B:-,n~,r/l,e!',B, , , , , , , , , , , , , , , , , , , " plaintiff, and, , , , , , , " , , , , " ,~ql(~" ,~ql1)q~ ,ll4~gq~~ , , , , , , , , , , , , , , , , , , , , , " defendant, are divorced from the bands of matrimony. The court retains lurlsdlctlan of the following claims which have been raised of record In this action for which a final order has not yet been entered; No ClaimB Pending .. tt .... ........ ........ ...... ............ ...,........ ...................., w r" " " w '.' e w ~ ~ " W ';0 $ ~ ,', P,l ~ ~ 8 " ., I, ., ~ .', ~ 8 8 ~ ~ " 8 8 ,;, " ~ ... ,;, " ~ s I~ ',' ~ ',' ~ ',' ~ I':' I,~ ~- '-I-' II t \ , " Ci , . 1;L ') ," " .... .... ~ , ~ ~ (~l. . 'll( .. () \,',' " Q & . , ljJ I',:: In (, () r- , ; , (J u lri ~l 0 If) .... n .... I'- CP ,0 If) - ....... C"" \f) r- " - -- rn '" liS n ~ '" I:, '1', ,. -'1\ ... ~ <.J Ul .0: W ~ >'l p., '" '" ..., z '.... ~ 0 ... fa ~ l: A - I~ '0 0 ~ 1S ffi i~ ~~ . .8 I l!l < i 6:l -- f !a~~~~ I ~ . ~ ~!! > O!(~~~ l~ ~r b 9 ~ I~~ ~ ~ ffi ~~~ I I l!l - ... Z '< F:f~ ~ ~A ~ i:i i:r . ~l:ll:l 1S ~ 15 .,0. ...~ , . " ' JENNIFER MEYERS-BURGESS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. DAVID JAMES BURGESS, Defendant CIVIL ACTION NO. <IL.'. l'I..v IN DIVORCE NOT 1: C E T 0 DEFEND 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 you 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 at: Office of the prothonotary Cumberland County Court House 1 Courthouse square Carlisle, Pennsylvania 17013-3387 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. Court Administrator Cumberland county Court House Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 COUNT IV Request tor contirmation ot custody Under 3104 Divorce Code 21. The prior paragraphs of this complaint are incorporated herein by reference thereto. 22. Plaintiff is Jennifer Meyers-Burgess, residing at 22 church Road, Carlisle, Cumberland county, Pennsylvania. 23. Defendant is David James Burgess, residing at 22 Church Road, Carlisle, Cumberland county, Pennsylvania. 24. Plaintiff seeks custody of the following children: Name Present Residence Age Jason Meyers Burgess Mariah Picabo Burgess 22 Church Road, carlisle, PA 22 Church Road, Carlisle, PA 3 2 25. The children were not born out of wedlock. 26. The children resides at 22 Pennsylvania. are presently Church Road, in the custody of Plaintiff who Carlisle, Cumberland county, 27. Since their births, the children have resided with the following persons at the following addresses: Person Address DATE Jennifer Meyers-Burgess 22 Church Road Birth to David James Burgess Carlisle, PA 12/94 Jennifer Meyers-Burgess 22 Church Road 12/94 to carlisle, PA 9/95 Jennifer Meyers-Burgess 22 Church Road 9/95 to David James Burgess carlisle, PA 1/96 Jennifer 11eyers-Burgess 22 Church Road Carlisle, PA 1/96 to Present 28. The mother of the children is Plaintiff who currently resides at 22 Church Road, carlisle, Cumberland county, Pennsylvania. 29. She is married to Defendant. 30. The father of the children is Defendant who currently resides at 22 Church Road, Carlisle, Cumberland county, Pennsylvania. 31. lie is married to Plaintiff. 32. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the children. 33. The relationship of Defendant to the children is that of father. The Defendant currently resides by himself. 34. 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. 35. Plaintiff concerning the has no information children pending in a of a custody proceeding court of this Commonwealth. 36. Plaintiff does 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. 37. The best interest and permanent welfare of the children will be served by granting the relief requested because plaintiff is better able to provide a stable nurturing home for the children and tend to their daily needs. ~, j", (, !' , "' :, , i " (~., ; , ! I I, J, L L., j , l... I! "- \ , r.TI ....) JENNIFER MEYERS-BURGESS, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . , v : CIVIL ACTION - LAW . , DAVID JAMES BURGESS, : 1996-01926 Defendant . IN DIVORCE . AFFIDA VIT OF CONSENT .---'-"'- 1, A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on April 10, 1996, 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing 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 I do not claim them before a divorce is granted. 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. S4904 relating to unsworn falsification to authorities. Date:-.1J //C,{W7 I ' ~ ", ~ .:- .. ;i.._ ~(::', - - h.'] :.1 ': ~ of' ~~J ~(' ,- " r- .'; ,) ~, I I" 'i> t.i:'" t:: :";,1 I~: ':) - .10- ::oJ ~ ...~ ;.J '" t.. ( ..." ,~ t' ",1 '.. lO M f,: -' ~ i, .. ",: '1 < ,. I,.' ~ )1 'I' ,', .. 1111 - I, 1..- "I .' r. ~ t.. " '..1 ~ ~ ~~ . ~ i - . ~ ~~ ~ Cl- UJ - ID ~ l.!l < N ~~ Z - I 0\ I.... .,. ~~~~~ I .... 9 ~~ ~ ~ ~ ID . gj'8 ~ i5 ~~@~ 0\ .... g! ~S'? ~ i 0\ ~~ .... III ~~~il'i~ I ~ ~~ .... ..,8 r - UJ a:Q.1II . ~ S ~:f~ ~ ~ f3 ~~ u 6 Vi 'x J VI z .... o aJ~ j::j ~ N~ , ,. . i'2 ;0- N ,," I~ .. i c( - .. )-, '.. l: .~ ."; ~~ T u: .~ ::J r.: - '- (', \.0 " ill t'!. ) ;;: LL . ,.. ';# l~ I >- ita orr. nu. l-" :.:: ';';: r- -, 1.--= U 0 a- JENNIFER MEYERS-BURGESS Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v :CIVIL ACTION - LAW . . DAVID JAMES BURGESS Defendant :NO. 1996 - 01926 . . PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Pla' tiff Jennifer Meyers-Burgess in the above case. Hroy, Esqu re Broujos Gilroy, P,C. 4 North Hanover Street Carlisle, PA 17013 243-4574 IN 'I'IIE COUH'!, OF COMMON OF CtJMIIEHLANO COtJNTY OF PENNSYLVANIA PLE/I,S vs CIVI L AC'l'ION - LAI~ NO. 19C](.-01926 PRTlECIPE rlilintHl, '.._---yj "I 0 ~ ~~~"'_1~0/A~ Hill')' ^, Ett<'r 111f1HlnCJor, Esquire ee: lIubC!rt x. Gilroy, Enqllln' .Ienni fer Meyat's-llllrq<:'sH , Ii '.. Cl " I '. .." I , , , i c '-, I I, I l.'_ " '- , I- I..) u', II ~im ~ !I ~.. 15 I ~h:1 I "' '" ~i :: =1:: :g .... II I' r.fl.;3~'" .... ... ..., - .. .. '... ,= 5 I ~-< LJ I, 'I, ;; ,5 ": C ..... . ' " N Ii ~!U)~ ~~ ~ "" iii !, ::il ~ .. '5 .. ~ ~~~ ~ ~ c ~ '. ~ :... .'!, ~ . ~r.;;';;ill < ~I~ . ~ ::; .., ~ ~ DAVID J. BURGESS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAIID COUNTY, PENNSYLVANIA vs. NO. 96-1926 CIVIL TERM CIVIL ACTION - LAW JENNIFER A. MEYERS-BURGESS, Defendant IN CUSTODY OOIlER OF <XXlRT I\NIl NCW, this ~ day of ~ L?~ consideration of the attached CUstody Conciliation and directed as follows: , 1998, upon Report, it is ordered 1. The Father, David J. Burgess, and the Mother, Jennifer A. Meyers-Burgess, shall have shared legal custody of Jason Meyers Burgess, born March 11, 1993, Miria pecabo Burgess, born March 10, 1994, and Amy Meredith Burgess, born September 10, 1996. 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 general well-being inclUding, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children inclUding, but not limited to, school and medical recorda and information. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children for up to a total of ten (10) days per Ironth upon providing at least forty-eight (48) hours advance notice to the Mother. The Father shall have custody of the Children under this paragraph upon providing twenty-four (24) hours advance notice to the Mother if the Mother does not already have plans scheduled for the Children. The Father may exercise his right to custody under this paragraph with respect to Miria and Amy for up to two (2) consecutive overnights and, for Jason, up to seven (7) consecutive overnights. In the event the Father is unable to exercise a planned period of custody, the Father shall provide at least twenty-four (24) hours advance notice of the cancellation to the Mother. 4. The Father's first period of partial physical custody shall begin at 7:30 p.m. on June 2, 1998 and end at 3:00 p.m. on June 3, 1998. This exchange of custody ahall take place at the paternal grandmother's residence. Thereafter, exchanges of custody shall occur at the residence of Patsy Bricker or another third party as arranged by mutual agreement of the parties. For all exchanges of custody, the parties shall refrain from any direct contact and shall conduct the exchange in a cooperative and civil manner with concern for the Children's well-being. 5. The parties Ilhall alteruate having custody of the Children on holidays as follows: A. Christmas: Christmas holidays shall be divided into Segment A, which shall begin on Christmas Eve at 12:00 noon and end on Christmas Day at 12:00 noon, and Segment 13, which shall begin on Christmas Day at 12:00 noon and end on on December 26 at 12:00 noon. The Nother shall have custody of the Children during Segment A in even numbered years and Segment B in odd numbered years. The Father shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. B. Thanksgiving/Easter: The Father shall have custody of the Children every year on Thanksgiving Day and the Nother shall have custody of the Children every year on Easter sunday. C. Alternating holidays: The parties shall alternate having custody on the following holidays: Nemorial Day, July 4th and Labor Day. The alternating schedule shall begin with the Father having custody of the Children on July 4th in 1998. D. Children's birthdays: The Father shall have custody of the Children every year on their birthdays. E. The period of custody on holidays shall run from 9:00 a.m. until 9:00 p.m. on the holiday unless otherwise specified in this Order or agreed upon by the parties. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Beginning in December 1998, both parties shall be entitled to have vacation custody with the Children for one week in 1998 and one week in 1999, with two weeks to be taken consecutively or non-consecutively in subsequent years. The limitation on consecutive overnights for Niria and ArlT'f shall not apply to uninterrupted periods of custody under this provision. Each party shall provide the other with at least thirty (30) days advance notice of his or her intention to exercise vacation custody under this paragraph. The parties agree that the Father may exercise his one week period of vacation custody in December 1998 to take the Children to Disney World. 7. Each party shall provide prompt notice to the other party of any emergencies which arise in connection with the Children while they are in his or her custody. 8. In the event either party intends to remove the Children from Pennsylvania during his or her periods of custody, that party shall notify the other party of the general destination in advance. 9. In the event the Nother intends to move the Children's residence greater than a distance of sixty (60) miles from her current residence, the Mother shall provide the Father with sixty (60) days advance notice to enable the parties to make necessary adjustments to the custody arrangements or to litigate the manner if necessary, prior to the move. The natural mother of the children is Jennifer A, Myers-Burgess, who residu as aforesaid, She is divorced, The natural father of the children is David J, Burgess, who resides as aforesaid, He is divorced, 4, The relationship of the Defendant to the children is that of natural mother, PlalntilT currently resides with the children, S, The relationship of the PlaintilT to the children is that of natural father, The Defendant currently resides alone, 6, Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children, 7, Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth, 8, The best interest and permanent welfare of the children will be served by granting PlaintilT partial physical custody so as to foster a relationship between the children and the natural father, 9, PlalntilT does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children, WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for GRIFFIE & ASSOCIAT~S .."..-:;-_. . . /'/fi~.I, ,I) . ( , ; "u\~^.:J Thomas S, Die II, Esquire Allomcy for Plaintiff 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 a hearing at which Plaintiff requests the Court grant him partial physical custody of the children, Respectfully sub milled, JENNIFER MEYERS-BURGESS, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA , . . v . CIVIL ACTION - LAW . . , DAVID JAMES BURGESS, : NO. 96-1926 Defendant . . : ACTION IN DIVORCE COURT ORDER AND NOW this 4th day of March, 199B, upon presentation of the attached stipulation, it is ordered and directed as follows: 1 The following temporary custody order is entered: A. The Mother Jennifer Meyers-Burgess and the Father David James Burgess shall enjoy shared legal custody of Jason Meyers-Burgess born March 11, 1992, Mariah Picabo Burgess born March la, 1994 and Amy Meredith born September la, 1996. B. The Mother shall enjoy primary physical custody of the minor children. C. The Father shall enjoy temporary physical custody of the minor children from Wednesday, March 4, 1998 at noon until Friday, March 6, at noon. Father shall ensure that he shall exercise temporary custody with the minor children at a hotel in the Carlisle area and Father shall notify Mother of the name of the hotel prior to taking the children. Exchange of custody shall be at a location as worked out between the parties. D. Mother's counsel shall contact Custody Conciliator Dawn Sunday, Esquire to arrange the rescheduling of a conciliation conference approximately 30 days from the date of this Order. Pending said conciliation conference, Nother's counsel shall work wi th Father, or Father's counsel if he retains counsel, to attempt to arrange an agreement on a permanent custody order. E. The Father shall enjoy reasonable telephone contact with the minor children while the children are in the Mother's custody. The Mother shall provide a separate phone line for the children for the Father to call the children and Mother shall provide the Father with that phone number as soon as that line is installed, 2 The following Protection from Abuse Order is entered: A. David James Burgess is hereby enjoined from physically abusing Jennifer Meyers-Burgess or placing Jennifer Meyers-Burgess in fear of abuse, B, David James Burgess is ordered to refrain from having any contact with Jennifer Meyers-Burgess and from any way harassing Jennifer Meyers-Burgess, this order to include refraining from having any contact with the baby sitter employed by Jennifer Meyers-Burgess and the boyfriend of Jennifer Meyers-Burgess. This order shall include any contact of written or oral nature and includes any attempts to telephone any of the named " indi vidual s. Furthermore, David James Burgess is directed not to come to the home at 22 Church Road, Carlisle, Pennsylvania. C. This order shall remain in effect for the period of one year from today's date. D, Counsel for Plaintiff shall provide a copy of this order to Defendant by hand delivery or service by regular mail at Defendant's address of P,O. Box 367, Carlisle, PA. E. Pennsylvania State Police 1'1111 be provided with a copy of this order by attorney for the Plaintiff. This order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this order has been violated whether or not the violation is committed in the presence of the police officer. In the event an arrest is made under this section, the Respondent shall not be taken to jail but shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the Respondent shall be arraigned before a District Justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure, 35 P.S, 10190 et seq. CCI Hubert X, Gilroy, Esquire' David James Burgess ' - ~. .. '. , . BROUJOS a GILROY, P. c. , Am;lIINIY8 AT LAW , " NOlin! HANOVII:II 8Tll1IT cARUSLI. PENNSYLVANIA 17013 17171 ".'.'7. 78.,..10, FES oa-ssifi \ ", 1.':'. ," .. .' , "---- v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW I I NO. 96-1926 I I PROTECTION FROM ABUSE JENNIFER MEYERS-BURGESS, Plaintiff DAVID JAMES BURGESS, Defendant AND NOW, this TEMPORARY PROTECTIVE ORDER I> I<,l ) day of February, 199B, upon presentation and consideration of the within Petition for Protection Order, and upon finding that the Petitionsr, Jennifer Meyers-Burgess, is in immediate and present danger of abuse from the Respondent, David James Burgess, the following temporary order is entered: 1. David James Burgess is hersby enjoined from physically abusing Jennifer Meyers-Burgess or placing Jennifsr Meyers-Burgess in fear of abuse. 2. David James Burgess is ordered to refrain from having any contact with Jennifer Meyers-Burgess and from in any way harassing Jennifer Meyers-Burgess. Furthermore, David James Burgess is hereby ordered to refrain from having any contact with the baby sittsr of Jennifer Meyers- Burgess and the boyfriend of Jennifer Meyers-Burgess. This Order to rsfrain from having any contact includes any type of written of oral contact and includes any attempts to telephone any of the named individuals. 3. David James Burgess is directed to not come to Petitioner's home at 22 Church Road, Carlisle, Cumberland County, Pennsylvania. . ,~ 4. Petitioner Jennifer Meyers-Burgess is awarded temporary custody of Jason Meyers-Burgess born March 11, 1993, Mariah picabo Burgess born March 10, 1994 and Amy Meredith Burgese born September 10, 1996. Petitioner is directed to file the appropriate documentation to have the custody issue assigned to a conciliator for purposes of resolution and entry of a permanent order. This Order shall remain in effect until a final order is entered in L;" I ,) day this case, A hearing shall be of February, 1998, at ./, '1'-, held on this matter on the 2. ..!:!....M., in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania. Ths Cumberland County Sheriff's Office shall attempt to make service of this Order at the Petitioner's request, but service may be accomplished by any applicable Rule of Civil Procedure. The Pennsylvania State police will be provided with a copy of this Order by the attorney for the Petitioner, This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal attempt without warrant upon probable cause that this order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall not be taken to jail but shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the Respondent shall be arraigned before a District . ,~ Justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (35 P,S, 10190) . By the / / C/~ / " / J. I CCI Hubert X, Gilroy, Esquire David James Burgess 5 Petitioner currently resides in real estate which she owns in her own name and in which Respondent has no personal or financial interest. 6 The three mentioned millor children are currently in the physical custody of the Petitioner. 7 Petitioner is the owner of her own business which is willow Brook Pet Services and Agility Center and which is located at the Petitioner's home. B Respondent is an over the road truck driver and has had no permanent residence since Petitioner and Respondent separated in 1996. When Respondent is in the Carlisls area he sometimes rents a hotel room or sometimes sleeps out of the cab in his truck. 9 Petitioner enjoys custody of the three mentioned minor children with the Respondent only exercising periods of temporary custody on those occasions when Respondsnt comes back to ths Carlisle area. 10 Petitioner believes and therefore avers that she is in immediate and present danger of abuse from the Respondent, and in support of these allegations, recites the following events which have taken placel A. When Respondent is in Carlisle, he constantly cruises by the Petitioner's home in his vehicle and he has been following the Petitioner's boyfriend and making unfounded allegations to the police concerning Petitioner's boyfriend. B. Respondent has made telephone calls to Petitioner's homo and left threatening messages towards Petitioner and Petitioner's babysitter. These messages include a suggestion that the babysitter better "watch out", that the babysitter will have to "...., deal with the wrath of David", and other intimidating remarks towards tho babysitter. The babysitter has expressed to tho Petitioner that she is frightened of the Respondent and that she feels that he has been driving by her home in an harassing and stalking manner. C. within the past few months, Respondent has made threatening motions to the Petitioner during exchange of custody and at other times. On one event, Respondent grabbed the Petitioner's keys from her vehicle and refused to give them back to her for a period of time. He has also stood before the Petitioner with his fists clenched and has made threatening lunging motions towards the Petitioner. D. In the past when Petitioner and Respondent resided together, Respondent was physically abusivo towards the Petitioner and on at least ono occooion tho Potitioner come to the home to protect the Petitioner. At that particular occasion, Respondent had pushed Petitioner to the ground. Additionally, Respondent has made a swinging of a fist motion towards Petitioner's face in the past in an effort to threaten and intimidate the Petitioner. E. Respondent has demonstrated his anger towards the Petitioner by damaging property of the Petitioner including banging and damaging Petitioner's vehicle, breaking windows at Petitioner's home and other similar events. F. In the past few weeks Respondent has demonstrated erratic and strange behavior including arriving unannounced at Petitioner's attorney's office and demanding various matters relating to the children, and including directing his counselor to contact Petitioner's attorney and to advise him that Petitioner "has won" and that Respondent was now leaving town. 11 Petitioner fears for her safety and the well being of her and the children as a result of Respondent's erratic and assaultive behavior towards the Petitioner. 12 Petitioner seeks a temporary custody order involving the children until such time as the custody issue can be brought before a custody conciliator. 13 Pstitioner's attorney has been contacted by Attorney Tom Diehl who has indicated that he may representing the Respondent in these matters. Petitioner is willing to work out reasonable custody arrangements once she is assured a Protection Order is entered and the Respondent is no longer going to threaten, harass or in any way stalk the Petitioner or anyone dealing with the Petitioner. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" 23 P.A.C.S. S6101, et seq., Petitioner requests the following reliefl A. Grant a temporary order requiring the Respondent to refrain from abusing the Petitioner or placing her in fear of abuse. B. Directing the Respondent to not to make any contact with the Petitioner directly or indirectly in writing or by phone or in person and further directing the Respondent not come to the Petitioner's home, place of business or contact any of the Petitioner's relatives, friends, babysitter or other people concerning the Petitioner. C. Awarding Petitioner temporary custody of the parties minor children pending a custody conciliation conference. D. Scheduling a hearing in accordance with the provisions of the Protection from Abuse Act for the purposes of entering a permanent order granting relief as set forth above. !ij W :I: UJ ~ C UlW !:lUJ O::l ""m ~< Iii:!: i~ ~u. "z ffio ""1= () ~ o 0:: a.. Ii G- Ul ~ o a. :J o C Ii ~ I c ;; ~ '1l ~ . I i ~ ;; II ~ ;; i~ ~ . . i ~ . 'c 'c '1l > .. 0 s i R E . '1l~ ~ . II .. .", I .. .. R 11 11 . . ii l- i! i! I I .fi ~ € ~ ~ ~ ~ t I a: ;! ! ~ . i ;; 11 Jj :c ~ .. . a I > . ;; c ~ I f a 1 . . . ~ a \5 I I . I 11 . J~ I i i! ~ i ! ~ '1l .1- 11 Ii: . ~ 'Ii l Co '\! ~ f';' I ~ = ... ti ~ 6! " '" ~.~ ~\\ 11 t i i! c [ I . c I a: . " . ~ 0 '" 8 c . . ~ :/ 6 11\ > Ii olI . .~ z . . .... ;; 5 J I . :i :/ n . . <: I . '2 '" ;; II 11 11 . i ., ~ ~ ! ~ ~ c i '\! i! . . ~ ~ .', ~ l' I, I ~ ~ 6! i ... .\ i Ie :J .' . f' \5 ;; ,.' , i i ~ ~ ~ I.... j .. . i l.' .' . ; I v- J ~ II- l~ ... ....~ i 1 - 1 '-i l~ ... :l ;; cC. ! . I !~ 5 A 10 ill I ~ . I ~ . ~. "~ I- f~ ~ I ('1\ ! I ! I ~... j ~ I~ I Atlo ~ i ~ f i fi E ! i ~ c Id ~ I I ~ ~ E i ~ ll~ Ie c I ;; .. ~ ! t l . i i i I~ . t 1 oj c II a: II '1l i i ~ ~ A~ i i ~ i i ~ .c: i ~ z: ~ . > ~ ! ~ ~ ~ ~61 ~i ~61 i ~~ ~~ ~~ . ~~ ~I ~~ ~Q ~ ~ ~~I ~ ~ ~~ ~~ ~ ~ i ~ I [I Iliii~11 ,I I"I~I II .Ii 111111~llilll 1IIIIIIi!!~~11 1IIIi5~~ IIIIIIIIIII!!!!I! IIIII~I~~!!!!I! ~~!~! I ~~~~~~~~I~~ ii~~~~ ~~ ~~~~~ o ~ i ~ ~ 15 ~ ~~ ,I I 2~ i i d I~ ~ ~ ; III i I! ~ II M i I ! I~I I ! il ill!l! ~ I .~ ! i gh H i'lII!;P i ! i ~ ~ ; ~gf ~ ~ ai ~1~18" I ~ ~ . ! ~ i aih! !l !I hili! ; I I [. [ I ~ i! i ~t; ~ ~lt ~~ ~ ~ ... ~ ~ ~ ~~~~~ ~ Illi~11 111!1~11!llil~!I!i! III; 11!!IIIII~II!IIII!II",11 I Illil!!!!!illlll!I!I!I!II!I!I!!li11Illllilllllllllllll1IIIIill ~ ~ ~~~ ~~~.. iB6~e ~~~~2a~~~5~~~~~~~e~~~~ , . . , DAVID J, BURGESS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CUSTODYNISITATION JENNIFER A, MEYERS-BURGESS: Defcndant : No, 96-1926 CIVIL TERM WITHDRAWAL OF COUNSE~ At the Plaintiffs request, I hcreby withdraw my appearance on his behalf. Please direct future correspondence to Mr. David Burgess and otherwise govern yourself accordingly, Rcspectfully submitted, GRIFFIE & ASSOCIA ~ \ .;I~~^, , , / , III \ ,', --<X!../ Thomas S, Diehl, Esquire 200 North Hanover Street Carlisle, PA 17013 (717) 243-SSS I (800) 347-SSS2 cc: Dawn S. Sunday, Esq. Hubert X. Gilroy, Esq. p'. " ~ , , .. ~ ~F2 ' ' '\ ~~ ~ ' ' ~~ J\ d ':.l - .... rtl -.' ~ II: c: ,-', CO ~J -:?:- ",1' . I:' " I -..J .fl, ,., rd r' ~ ,,-", 'J ,I' 1"J ;) I a. ~': . ~ I : " r'\ I ~ P. u '-' ',) :) <.I), ,Vi is... c:J u..:$ ~~ ~~ o.z Zffi ~D. 2~ 8::l ~8 li:c ::lZ 0:5 Oa: WW F~ Z::l -0 1 ] ~ i ~ .[ ~ ~ ~ jj ~ l ~ ] j € ~ ~ ~ l'l Z ~ a:~WO o a:t'- ~ c(~ t:(::l::lo:: I-OOZ OOll)!'l: _ W:>. a:ClI);J I-Z~>- lI):5~lIl Ca:~Z wWECffi J:lD::lD. 1-::< 0 . u..:J W OOO;J wu.Wlll OOZ::J _ Oa: u.. 0:: u.. 0 o COMMONWEALTH ClF PENNSYLVANIA COUNTY OF: a.urberland Ilter'al Dlltrlet~. 09-3-02 Illrlel Juitlar NIIlItllIcn- 1 B Sh 1 ..._ He en . u en~rger . 27 W. Big Spring Ave., P.O. Box 155 Newville, Pe. 17241 Ilopmo. (717) 776-3187 POLICE CRIMINAL COMPLAINT COMMONWEALTII m' PENNSYINANIA VB, DEFENDANT: r David James BURGESS P,Q. Box 367 (no fixed address/ Carlisle, Pa. 17013 NAME end ADDRESS -, L ..J '''-101 RJ!<llElInlelty XlI "'I II U Alh., D Bllld< DHllpIlleD NaIl", """'I"" D l.H<mn '''-tOI A,K.A. tmint's 5eJl rfanYlt'a 0,0.0. Draml. lIl!l Nal. 11 ti8 / 1952 389-60-4651 e'mint's Vdlich, Intonmtl[Ju Plat. IMtrr SIal. R"lI"'OlI", Slld..(ItI/IY) ehnint'a Soclat Seariry MJttrr .hnmt's SID 1.lnl/lncldanl Number H2-1048563 lelnl/lrcldanl IMtrns It other Perllelpnll 23060724 IN/DRS CO:il 260 District AttorneyOs Office n Approved 0 Disapproved because: I"'. dletrlel all~ IIDy reqJlr.'tniI1 the carplelnl, err"l ....rml o""11vllo 01' both be ~ by lhe Ollomoy 101' lhe Can1n'woollh 1>'101' 10 Hlro Po,R.Cr.P. 107.) (NmIt or AttCIrT'VI for ccmnneanl1 . PI~o Print or J>>rt 10 Tpr. Gerald W. ALLEN Jr. (Nant 01 A"lml.PI..... Print 01' ')pO) of PA State Police lI<*r1t1fy Oep>rll1lnl 01' ~ R'fI'05lJ1led trd Polltlcol Sltdlvlel",) do hereby state:(check the appropriate box) 1. ll2I I accuse the above named defendant, who lives at the address set forth above D I accuse an defendant whose name is unknown to me but who Is described as .' D I accuse the defendant whose name and popular designation or nickname Is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 22 Church Rd., Penn Twp. (Place'Polltlcol SltdlvlIl",) (SIf1\1Ure of Attorrey 'or ~lth) CPoler- PAPSPlOOO (Pollee ~ lRl 1Mtrr) (OrlglNllro Ag<n:y c.ue IMIlIrCOCA)) 16083 (attic.. IJ.D}e IMIlIrIl.P.l In a.urberland County 0 . or about 01/04-16/99 at various times of the dav Participants were: (If there were partlcipantso place their names here, repeating the name of the ahove defendant! Davia James BURGESS 2, The acts committed by the accused were: (SlI 1000th a Il,Il1IDIY 01 the lacie outtfehnl 10 od.Il.. the cIll"-l 01 lha ml\ro of lhe 0"""'. tha~, A elt.ll", 10 lhe .tltuo ellogodlV violated wllIwt """'. II"" outtfehnl. In a 5UTIlIlIy case. \'1J mat clio lha """,ltle seell", rrd Wucll", 01 lha ..aM. 01' ordlnn:. allogodlv vlollled.) The DEFENDANT did violate the order issued under the prctection From Abuse Act F.R. 1992-512 dated 06/04/92, by the Court of Common Pleas of Cumberland County. The P.F.A. No. 96-l926 Civil Term, was issued and signed by the Honorable Edgar B. BAYLEY on 02/03/9B. The DEFENDANT did repeatedly telephone the victims (Jennifer Ann MEYERS) residence and leave messages on her telephone answering machine. There were between eight and ten calle on her machine during the dates of January 4th through the 16th, all of which is a clear violation of said P.F.A. order. AOPC 41Z-(4196)Clntennel Verslonl (.a DeCendant Name: David James BURGESS Docket Number: POLICE CRIMINAL COMPLAINT all oCwhich \"ere against the peace and dignity oC the Commonwenlth oC Penusylvania and cont.rary to the Act oC Assemblyo or in violation oC 1. 6113 of the DR 1 eseetlonl (Sub'Seetlon) (PA Statuta) (counts) 2. of the eseetlonl (Sub'Seetlon) (PA Statuta) (counts) 3. of the eseetlonl esub'Seetlon) (PA Statute) (counts) 4. of the eseetlonl (Sub'Seetlon) IPA Stetuta) (eounU) 3. I ask that a warrant oC arrest or a summons be issued and that the deCendant be required to answer the charges I have made, (In order Cor a WBrrant oC arrest to issue, the attached nllidavit of probable CIIuse must bo comploted and sworn to boCoro tho Issuing authority, 4. I verify that tho Cae Is set Corth in this complaint are true and cerrect to the best eC lilY knowledgo or information and belief, This verification is made subJ~ct to the pennlties or Section 4904 oflhe Crimes Code(lS PA, C.B, 84904) relating to unsworn falsil1cation to authorities, TPr:A''-7~~<?~~~ f~ gno ur 0 ann AND NOWo on this date . 19 0 I certify the complaint has heen properly cOll1pl~ted and venl1ed, An affidavit at pro~a~le cuune must ~e cOlllple'iCiT in order for u wurrunt to issu~, Januar:y 18 19 99 0_ 09-3-02 CMaglhrerlBl District, AOPC 412'(4/96)lln.e,n.. Ve"lon) (ISSUing AuthorltV) SEAL 2.:1 D. Mother's counsel shall contact Custody Conciliator Dawn Sunday, Esquire to arrange the rescheduling of a conciliation conference approximately 30 days from the date of this Order. Pending said conciliation conference, Mother's counsel shall work with Father, or Father's counsel if he retains counsel, t,.. attempt to arrange an agreement on a permanent custody order. E. The Father shall enjoy reasonable telephone contact with the minor children while the children are in the Mother's custody. The Mother shall provide a separate phone line for the children for the Father to call the children and Mother shall provide the Father with that phone number as soon as that line is installed. 2 The following Protection from Abuse Order is entered: A. David James Burgess is hereby enjoined from physically abusing Jennifer Meyers-Burgess or placing Jennifer Meyers-Burgess in fear of abuse. B. David James Burgess is ordered to refrain from having any contact with Jennifer Meyers-Burgess and from any way harassing Jennifer Meyers-Burgess, this order to include refraining from having any contact with the baby sitter employed by Jennifer Meyers-Burgess and the boyfriend of Jennifer Meyers-Burgess. This order shall include any contact of written or oral nature and includes any attempts to telephone any of the named .-.1' individuals. Furthermore, David James Burgess is directed not to come to the home at 22 Church Road, Carlisle, Pennsylvania. C, This order shall remain in effect for the period of one year from today's date. D. Counsel for Plaintiff shall provide a copy of this order to Defendant by hand delivery or service by regular mail at Defendant's address of P.O. Box 367, Carlisle, PA. E, Pennsylvania State Police will be provided with a copy of this order by attorney for the Plaintiff. This order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this order has been violated whether or not the violation is committed in the presence of the police officer. In the event an arrest is made under this section, the Respondent shall not be taken to jail but shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the Respondent shall be arraigned before a District Justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure, 35 P.S. 10190 et seq. ) ee: Hubert x. Gilroy, Esquire' David James Burgess - ~. Edgar B. Bayley (U-fl:} a.\-<... ~<..lc..tL((:J 3/1o/lfd'. ,.~ . J Ins .3 1', ""1hJ rn"'...I:<((. 3" 0 7 .'~ ( ..&.&'0 (~ -,. i':' ., I' 1I1'--' (.', \ , , 't --'t L.- I ('I ".: .. , . l>, ...... I ( ,.! ", ..I I' I' II \;l () u.~ ~ OZ lIl:;J; l'l .. Z ~ ;1j:.J ~ o:~wO ...J> o 0:"" o..!!t .. I:; c(~ ZZ c9 "l::J5~ ow ] ....OlllZ ::;0.. ~UW:;J; ~~ r=Olll:.J ~:J> III Olll U:J - Z u.o .. ~ffi~ffi Ou ~ li:o ui~ .. i!=lD:Jo.. jj '.... u.~8~ :JZ ] 0:5 J~ OUWlll Uo: ...... WU.Z::J WW :;: it UOOo: i!=~ ! j - c( tl: U Z:J ...... 0 -U hl ~ l - ~ JENNIFER ANN MEYERS, Plninlill' : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : l}U-192()('IVIL DA VI\) JAMES UURGESS, Defemlnnl ('I lARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, Ihis ,d5 ./1, duy of Junuury, 1999, Ihis Court cerlifies Ihullhe ulluehed eomplnint hus been properly completed und verified, umllhere is prohuhle cuuse for the issuonce of process, In consideration of Ihe ulluchcd COllllllllnwculth's Petilion, the defendnnt, DA VI\) JAMES BURGESS, is direcled to uppeur for triul on the churge of Indirccl Criminol Contcmpt hefore the Court onlhe~ duy of f( b".." r f . 1999 ul . . JLo'cloekd,m. in Courtro'UIlI II L oflhe CUlllberlund County Courthouse, Curlisle, Pennsylvunio, The defendunt hus u righllo he represented hy unullon\ey, I I' the defemlunt cunnot nlTord un ullon\ey, upon requesl one will he ussigned to represenllhe defclIllunt. Iflhe defellllnnt wishes ussiglllncnl of counsel, contuctshould be llIudc prior tolriul wilh the Cumberlund County Puhlie Defender's Omce ot717-240.6285, Furthcr, iflhe defellllunl fuits to uppeur, unulTcst wUlTlInl will he issued. The SherilT of Cumberlund Counly is directed 10 serve Ihis Order und Pelition upon Ihe defendunl. The nssessll1enl of cosls 10 he detellllined hy the Triul Jndge suhsequenllo Iriul. By Ihe Courl, /s J. Tl'lIvis N, Gery Sr, Assisluntl>islricl AlIllrncy ()A VID JAMES BURGESS TRUE COpy FROM RECORD 111 Tostlmony whoreof, I hem unto set my hand ~mlllle seal pI saId C1 at Car1Isle, ' ~ fills ~'dav ~~ ~ I~ - ~ c,.(' ~ - ':7;) ,.f)nd-_ thonotary n./' JENNIFER ANN MEYERS, plaintiff IN THE COURT OF COMMON PloEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT v. DAVID JAMES BURGESS, Defendant No. 96-1926 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of February, 1999, upon consideration of the complaint for indirect criminal contempt filed in the above-captioned matter, and pursuant to an agreement reached in open court between the Commonwealth in the person of Will I. Gabig, Esquire, and Defendant and his counsel, Timothy L. Clawges, Esquire, Public Defender, the trial in this matter is continued generally, with the understanding that the complaint will be deemed automatically dismissed as of March 4, 1999, without prejudice to the Commonwealth's right to refile the charge, in the event that the Commonwealth has not requested during the period of continuance that the trial be rescheduled. WILLIAM I. GABIG, ESQUIRE Assistant District Attorney ~ J esley Ole 0..: )Il '] htlllL'{. {0!liV(' (,J.... r "/ '/I ~ l " ,..- It I /'1(/ \..'( \r TIMOTHY L. CLAWGES, ESQUIRE Assistant Public Defender Sheriff Victim/Witness wcy \ . .:<'\',-. ,\':;,1 JI'" ..,1. f,!l') l~) .~ .( (oJ'd 1"1 . ',I "i b I t.1:J GG ,IJ'\Ii\ . ;.., - .. .. , . "",,\1' ,.-, a :J\J, . L' '.!.. 11.1 .~'J . \ JENNIFER ANN MEYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT v. DAVID JAMES BURGESS, Defendant No. 96-1926 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of February, 1999, the Defendant, David James Burgess, now appearing in court with the public Defender, Timothy L. clawges, Esquire, and a bench warrant having previously been issued on this date as a result of the Defendant's failure to appear for the trial on the charge of indirect criminal contempt, and it appearing that the Defendant was in the public defendsr's office at the time that the trial was expected to commence, pursuant to an agreement of counsel in the person of will I. Gabig, Esquire, on behalf of tho commonwealth, and Timothy L. Clawges, Esquire, on behalf of the Defendant, the bench warrant so issued is vacated. By the WILLIAM I. GABIG, ESQUIRE Assistant District Attorney TIMOTHY L. CLAWGES, ESQUIRE Assistant public Defender ( C i,\)'ll ~ hel ,Id. (i(' (',\J~ I ?(( ) oJ/HI"r, LJ(OLir Sheriff Victim/Witness wcy ",,',.,"11 "')":I,J 'lj I ::~.' '",' ';. . :: :_1""1 .,,, '\. , ,IiI u I J .,' 1'1' . I J" (.,oO,;J h :~:l.Jbn II;.,'. " ::':') ^....,_.., . t.' . .. \. ? ,':;:' :1~'I"i_~ j j'3 '. vs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : NO, 96-1926 CIVIL TERM : CIVIL ACTION-.LA W DAVID J. BURGESS, PlaintitT JENNIFER A. MEYERS-BURGESS, Defendant : IN CUSTODY PETITION FOR MODIFICATION OF A PARTIAl. CUSTODY OR VISITATION OlillER 1. The petition of Duvid J, Burgess respectfully represents thut on June 8, 1998, un Order of Court wus entered for purtiul custody, a true und correct copy of which is ulluched. 2. This Order should be modilied becuuse: u, Mother hus enrolled the children in preschool without contucting Father; b, The Court Order requires Futher to give Mother limy-eight hours notice prior to exercising his right to partiul physical custody, As Futher is an over-the-road truck driver, the notice requirement limits his ability to exercise his right und therefore should be reduced; c. The current Order requires the children to be picked up und dropped 011' through a third purty. The children arc now old enough that Futher could arrive utthe curb in front of Mother's house and the children be permilled to wulk to or from FatherOs automobile without any contact with Mother; d, Mother in the past has agreed to visits and then refused to permit Father to exercise his rights to partial physical custody under this agreement; e, Mother has unnccessarily monitored phone contuct between Father and the children; und f. Mother has lililed to provide notice to Futher when she leuves town thereliJre interfering with his ability to schedule periods ofpllrtiul physicul custody. . I' i.I., t ',',.~'''''.'.''I'.>1.'.,..'''..'''''.,.'' /;>',1 .', ;' :...' ., ;, l~t _H,ldl:.,,1'..,. .,', "i' , , JUN 0 8 1998 . :' ,,'~' , , ,-' "", . . t_ ' . ......~~l~'~I:'~'r!'I.". 1"'" ,.. "111\1' ~ I'i!,'i' , '~f'P If" d;1 ',' r ";,,(~. '~~'.'- ~,r' -; ",;!{il:l I''''' '." , .,-".....!. .,' ,'~;i:'~I;~J.'f:~;'f.~>; ':"'. ,',1,' , 1, ,..," '.1"'1 \' '"''''.''I_!f..t:''I,j;.'\.-~:::tt''''' DAVID J. BURGESS, Plaintif f IN 'J'IIE COURT 01" COMMON PLEAS at' CUMIIERI.AND COlJN'I'Y, PENNSYLVANIA vs. NO. 96-1926 CIVIL 'rEllM CI VI!. AC'rroN - LA\~ JENNIFER A. MEYERS-BURCESS, Defendant I N ClIS'J'ODY OIl1ll'Jl Ofo' COlllfr AND tool, this -3h day of consideration of the attached Custody and directed as follows: \ ~L?Y--R Conciliation , 199B, upon Report, it is ordered 1. 1he Father, David J. Burgess, and the Mother, Jennifer A. Meyers-Burgess, shall have shared legal custody of .1ason Meyem Burgess, born March 11, 1993, Miria Pecabo nurgess, born March 10, 1994, and Amy Meredith Burgess, born September 10, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all llliljor non-emergency decisions affecting the Children 0" general wel l-bl:!ing including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph. each parent shull 00 entitll:!d to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children for up to a total of ten (10) days per month upon providing at least forty-eight (48) hours advance notice to the Mother. The pather shall have custody of the Children under this paragraph upon providing twenty-four (24) hours advance notice to the Mother if the Mother does not already have plans scheduled for the Children. The Father may exercise his right to custody under this paragraph with respect to Miria and II!Trt for up to two (2) consecutive overnights and, for Jason, up to seven (7) consecutive overnights. In the event the pather is unable to exercise a planned period of custody, the Father shall provide at least tWl:!nty-four (24) hours advance notice of the cancellation to the Mother. 4. The pather's first period of partial physical custody shall begin at 7:30 p.m. on June 2, 1998 and end at 3:00 p.m. on June 3, 1998. This exchange of custody shall take place at the paternal grandmother's re/lidence. Thereafter, exchanges of custody shall occur at the residence of Patsy nricker or another third party as arranged by mutual agreement of the parties. For all exchanges of custody, the parties shall refrain from any direct contact and shall conduct thl:! l:!xchange in a cooperative and civil manner with concern for the Children's well-being. 5. '(,hl:! partil:!s shal 1 alternate having custody of the Children on holidays as follows: ^. Chdstmas: Chdstmas holidays shall bo divjclod into Soglllont ^, which shall bogin on ChdHtrms l..vo at 12:00 noon and ond on Christmas Day at 12:00 noon, and SocJllIont II, which shall bogin on Chdstmas Day at 12:00 noon and end on on December 26 at 12:00 noon. The ~lothol:' sll1lll have custody 01 the Chilcln:>n uudng Sogment ,\ in even nUII~)e['(.'(1 yoal:'s and 0L'<JIIK!nt II in odd numool:'od yeal:'s. The ratheI:' shall havo custody o( the Childl:'en dudng SoglOOnt ^ in odd nlllld)e['od yeal:'s and durin" Soglllont II in oven nUlld1el:'ed yean;. n. 'J'hanksgi ving/Eastel:': '1'he 1-'ath,,1:' shall have custody of the Children every yeaI:' on 'J'hanksrlivin<] Day and the ~Iother shall have custody of the childl:'on ovory yeaI:' on I::.-Jstel:' sunday. C. ^lternating holidays: 1~e parties shall altel:'nate having custody on the following holidays: Mell10rial Day, July 4th and [,aool:' Day. The alternatin<] schedule shall bogln with tllC' rather having custody of the Children on July 4th in 1998. D. Childl:'en's birthdays: 'J11O Father shall have custody of the Childl:'en every yeaI:' on theil:' bi rthdays. E. The period of custody on holidays shall nm from 9:00 a,m. until 9:00 p.m. on the holiday unless otherwise specified in this Order or agl:'eed upon by the parties. F. 'J'he holiday custody schedule shall supersede and take p.ecedence over the regular custody schedule. 6. Beginning in December 1998, both pal:'ties shall be entitled to have vacation custody with the Childl:'en for one week in 1998 and one week in 1999, with tllO weeks to be taken consecutively or non-consecutively in subsequent yeal:'s. The limitation on consecutive ovemights for Miria and Amy shall not apply to uninterrupted periods of custody under this provision. Each party shall provide the other with at least thirty (30) days advance notice of his or her intention to exercise vacation custody under this pal:'agl:'aph. 1~e parties agree that the Father may exercise his one week period of vacation custody in December 199B to take the Childl:'en to Disney World. 7. Each party shall pl:'ovide pl:'ompt notice to the othel:' party of any eme~encies which arise in connection with the Childl:'en while they are in his or her custody. 8. In the event eithel:' pal:'ty intends to rell10ve the Children fl:'om Pennsylvania during his or her periOds of custody, that party shall notify the othel:' pal:'ty of the general destination in advance. 9. In the event the Mothel:' intends to Illove the Childl:'en' s residence greatel:' than a distance of sixty (60) mUes (1:'0111 hel:' Clll:'ront I:'esidence, the Mother shall pl:'ovide the ratheI:' with sixty (60) days advance notice to enable the I"ll:'ties to lI.lke necessary adjustments to the custody arrangelllentB 01:' to liti<jate the lI.lnnel:' if necessal:'Y, priOI:' to the lIove. -- a. (; ir; c:: .J. .'. 1- oo ).1" U,l ,-; I... I" ~.: , II i\.. 0.. ! ~;~ ,'., i,l, ((t ";,rl ,.1" "':.; , , I tI 11'1,;1 , , , ri:' :';.1 ~ . I (l- I w. ,.) ,., c, U 0 U '" ~-: >> ~ , " ."' "". j . r '.. J .;~ , ., .< '! ~:.j "' (~j ! =; ~.'. ~ (,) -" .;~ Ii.. .~ " :'j , ,~ ~~ ~~m~ ~ . ~l ~ '" :g ! ~ 'n II~ ~~.B""~ e~Plg- ~iJ~ m~ 18 9\= ,VlQ'; , ' tB\ ~ .ij e!> ~ tool ~ ~::;: il II ~ .. - tl == Ii ~ ~ .~ 61~g ~ , ..: iiilU(Jl~'!i I ::;: ~ ~ ~ i:!i i3 .- DAVID J. BURGESS, Plaintiff IN THE OOURT OF o::x-lMOO PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA vs. NO. 96-1926 CIVIL TERM JENNIFER A MEYERS-BURGESS, Defendant CIVIL ACTION - LAW IN CUSTODY OODER OF CDJRT AND toI, this .L ,,/1, day of upon consideration of the attached Custody ordered and directed as follows I D L t L (~ ' Conciliation , 2000, Report, it is 1. The prior Order of this Court dated June 8, 1998 shall continue in effect as modified by this Order. 2. Paragraph 3 of the June 8, 1998 Order shall be replaced with the following provision: The Father shall have partial physical custody of the Children for up to a total of 10 days per month upon providing at least 8 hours advance notice to the Mother. If 8 hours notice is provided, the Mother shall not unreasonably refuse to make the Children unavailable. The Father shall ensure that the Children attend any previously scheduled activities or appointments during his periods of custody. The Father shall schedule all exchanges of custody to take place between B:oo a.m. and 10:00 p.m. 3. The parties shall conduct all COllIllunications through a third party intermediary, whan the parties agree shall be designated as Patsy Bricker unless the parties designate another intermediary by mutual agreement. All scheduling of periods of custody and other exchanges of information shall be made through the intermediary. 4. Paragraph 4 of the June 8, 1998 Order shall be replaced with the fOllowing provision: All exchanges of custody shall take place at the K-Mart parking lot on Walnut Bottom Road in carlisle unless otherwise agreed between the parties. For all exchanges of custody, the parties shall remain in their vehicles and refrain fran any direct contact. The parties shall conduct the exchanges in a cooperative and civil manner with concern for the Children's well-being. 5. In order to exercise his right to holiday periods of custody under the June 8, 1998 Order, the Father shall provide the Mother with two weeks advance notice of his intention to have custody over the Christmas holiday and with one week advance notice of his intention to have custody on any of the other holidays. In the event the Mother does not receive the specified notice, the Mother may make alternative plans for the Children on the holiday. 6. ol'11e parties agree that the Mother will take the Children to Catholic Mass on at least the first Sunday of each I1Dnth and the Father will take the Children during an additional weekend. 7. Thie Order is entered pursuant to agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by nutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE aJURT, I tl::...~ !i. (-- I . / , , \. , J. cc: James K. Jones, Esquire - Counsel for Father > lu "', ,).(. .Ou John H. Broujos, Esquire - Counsel for Mother C.l>F' ~ L '-1'- I