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HomeMy WebLinkAbout07-0714MICHAEL R. FEMMER, PLAINTIFF V. CATHY D. BURGETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CUSTODY ACTION COMPLAINT FOR CUSTODY 1. The Plaintiff is Michael R. Femmer residing at 461 Dyraman Road, Carlisle, PA 17015. 2. 2. The Defendant is Cathy D. Burgett whose current address is unknown. Defendant's last residence was 461 Dyraman Road, Carlisle, PA 17015. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Lilly Anna Femmer 2 (DOB: 03/05/04) 4. The child was born out of wedlock. 5. The child is presently in the custody of Defendant. Plaintiff does not know the child's current whereabouts. 6. During the past five (5) years, the child has resided with the following persons and at the following addresses: Persons Address Parties 461 Dyraman Road Carlisle, PA Defendant 7. Carlisle Dates 9/04-2/1/07 Birth-9/04 The Mother of the child is the Defendant. She is single. 8. The Father of the child is the Plaintiff. He is single. 9. The relationship of the Plaintiff to the child is of father. The Plaintiff currently resides with himself, at the above referenced address. 10. The relationship of the Defendant to the child is that of mother. The defendant currently resides with herself and the minor child, however, Defendant does not know the current address of the Defendant. 11. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of the Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because father has played an active and nurturing role in the development of the child and the continued relationship would be in the best interests of the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Michael R. Femmer, requests the Court to grant the parties shared legal and physical custody of the child. Respectfully su itte , NEALON, G V PER By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: February 6, 2007 VERIFICATION I, Michael R. Femmer, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. MICHAEL R. FEM R Dated: j/p? c? t;J w ?? MICHAEL R. FEMMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-714 CIVIL ACTION LAW CATHY D.BURGETT DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Monday, February 12, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 15, 2007 at 10:30 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/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 G??6 " - ?-1 VMAIANN3d KINnO ` r'T,,Nr4?9MO S 1: 4 Wd Z 1 833 LOOZ 301 X".4 14P MICHAEL R. FEMMER, PLAINTIFF v. CATHY D. BURGETT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-714 CUSTODY ACTION ACCEPTANCE OF SERVICE I, Cathy D. Burgett, do hereby accept service of the Custody Complaint and Order of Court in the above-captioned matter. DATE: CA HY D. RGETT r? cc) ' Amn - GJ ? O co MICHAEL R. FEMMER, Plaintiff v CATHY D. BURGETT, Defendant 2 72V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-714 IN CUSTODY COURT ORDER th AND NOW, this 1c day of March, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Michael R. Femmer, and the mother, Cathy D. Burgett, shall enjoy shared legal and shared physical custody of Lilly Anna Femmer, born March 5, 2004. 2. Physical custody shall be handled as follows: a. Custody shall be handled on a two week cycle. For week one, father shall have custody on Monday, Tuesday, Friday and Sunday. For week two, father shall have custody on Monday and Tuesday. In week one, mother shall have custody on Wednesday, Thursday and Saturday. For week two, mother shall have custody on Wednesday, Thursday, Friday, Saturday and Sunday. The times for exchange of custody shall be agreed upon by the parties for these exchanges during the week and on weekends. b. In addition to the above custody, father shall have the ability upon giving mother thirty days notice to take a full weekend with the minor child. C. Both parties shall have the opportunity for two weeks of uninterrupted custody of the minor child during the summer for vacation, with the ability of these two weeks to be separate weeks. The party shall give the other parent at least thirty days notice as to when they intend to exercise custody for vacation. oe Nt AW 16- 3HI 3. Father shall insure that he will not take the child with him when he is going to work for repossession of motor vehicles. 4. Both parents shall insure that they and any care giver. that they are retaining shall have car seats available for the minor child during transportation in an automobile. 5. This Order is entered pursuant to an agreement reached by the parties at the Custody Conciliation Conference. In the event the parties desire to modify this Order, they may do so as long as there is an agreement between the parties. Absent any agreement, the Order set forth above shall control. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, Judge le.." IQ cc: ofimes D. Nealon, Esquire , ,'race E. D'Alo, Esquire J i J ' F:\FILES\DATAFILE\GeneratCurreut\12321\Femmer v Burgett Report-Order MICHAEL R. FEMMER, Plaintiff v CATHY D. BURGETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-714 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Lilly Anna Femmer, born March 5, 2004. 2. A Conciliation Conference was held on May 22, 2007, with the following individuals in attendance: The father, Michael R. Femmer, with his counsel, James D. Nealon, Esquire, and the mother, Cathy D. Burgett, with her counsel, Grace E. D'Alo, Esquire. 3. The parties agree to the entry of an Order in the form as attached. DATE: March 22, 2007 Hubert X. Gilro , Esquire Custody Con iator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL R. FEMMER, Plaintiff V. CATHY D. BURGETT, Defendant No. 07-714 Civil Term IN CUSTODY STIPULATION FORM MODIFICATION OF CUSTODY ORDER CATHY D. BURGETT (hereinafter referred to as "MOTHER"), and MICHAEL R. FEMMER (hereinafter referred to as "FATHER"), desiring to amicably modify the Custody Order dated March 29, 2007 and resolve the matter of custody with respect to their daughter Lilly, hereby stipulate and agree to the entry of an Order of Court awarding custody of Lilly as follows: i. The parents agree to share legal custody of Lilly. 2. The parents agree to share physical custody of Lilly on the following biweekly schedule: Week One - MOTHER shall have Lilly from Wednesday at 10:00 a.m. until Friday at 2:00 p.m. and FATHER shall have Lilly from Friday at 2:00 P.M. until Wednesday at io:oo a.m. Week Two - MOTHER shall have Lilly from Wednesday at moo a.m. until Monday at noon and FATHER shall have Lilly from Monday at noon until Wednesday at 1o:oo a.m. The parents agree that if Lilly is in school, the custody transfer times during the week shall be after school. 3. The parents agree that on FATHER's Sundays, unless he has plans, he shall bring Lilly to Sheetz at moo a.m. and pick her up at Sheetz at 1:30 p.m. so Lilly can attend Church with MOTHER. 4. The parents agree that if either of them will be away from Lilly for more than one hour, the other parent shall have the right of first refusal to care for her. 5. Holidays - The parents agree to the following schedule: a. Thanksgiving - The parents agree to share Thanksgiving Day each year with MOTHER having Lilly until 3:00 p.m. and FATHER having Lilly from 3:00 p.m. until 9:00 P.M. b. Christmas - The parents agree to share the Christmas holiday with MOTHER having Lilly from 2:00 P.M. on December 24th until 2:00 P.M. on December 25f, and FATHER having Lilly from 2:00 P.M. on December 25ffi until 2:00 P.M. on December 26th every year. c. Easter - The parents agree to share Easter Sunday each year with MOTHER having Lilly until 3:00 p.m. and FATHER having Lilly from 3:00 P.M. until 9:00 p.m. d. Trick or Treat - The parents agree that if trick-or-treat is on the same night in both of their neighborhoods, they shall share the night with Lilly, with each parent taking her trick-or-treating for one hour. If trick-or-treat is on different nights in their neighborhoods, both parents shall take Lilly trick-or-treating. e. The parents agree that MOTHER shall have Lilly for Mother's Day from the Saturday before the holiday at 8:30 p.m. until Mother's Day at 6:0o p.m.; and FATHER shall have Lilly for Father's Day from the Saturday before the holiday at 8:30 P.M. f. Memorial Day, the Fourth of July and Labor Day - The parents shall share or alternate these holidays each year as they can mutually agree. g. MOTHER and FATHER shall equally share Lilly's free time on her birthday, and the parents' respective birthdays. h. The holiday schedule shall take precedence over the regular custody schedule. 6. Vacation/Uninterrupted Time - The parents shall each shall have two weeks of vacation/uninterrupted time with Lilly each year. These weeks can be consecutive or nonconsecutive. A week shall be defined as seven (7) days. Both parents shall give each other written notice of their chosen week(s) for vacation/uninterrupted time. In the event both parents choose the same week(s), the parent who gives first notice shall prevail. 7. This custody schedule can be altered or modified by mutual agreement of the parents. 8. FATHER shall not take Lilly with him for an actual repossession. 9. MOTHER and FATHER shall talk to each other about activities for Lilly with the understanding that the ultimate decision about attendance on any given day shall be made by whichever parent has Lilly that day. 1o. The parents shall each be entitled to reasonable telephone contact with Lilly when she is in the custody of the other parent. 1i. MOTHER and FATHER shall cooperate with each other, communicate directly with each other regarding Lilly, and be flexible with the custody schedule in Lilly's best interests. an Order in this matter on March 29, 2007 regarding physical and legal custody. 13. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. 14. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IlV WI7NESS WHEREOF, the parties have executed this Stipulation for Modification of a Custody Order on the date indicated below. r Date rtn MICHAEL R. FEMMER Date itness 11117 . BURG CP _.Y F j. I s .." OCT 3 0 2007r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL R. FEMMER, Plaintiff • :No. 07-714 Civil Term IN CUSTODY CATHY D. BURGETT, Defendant ORDER OF CQLJRT AND NOW, this _ 31 s? day of O i j Q? t-e- , 2007, upon consideration of the attached Stipulation for Modification of Custody Order, IT IS HEREBY ORDERED AND DECREED that custody of Lilly shall be as follows: 1. The parents shall share legal custody of Lilly. 2. The parents shall share physical custody of Lilly on the following biweekly schedule: Week One - MOTHER shall have Lilly from Wednesday at moo a.m. until Friday at 2:00 p.m. and FATHER shall have Lilly from Friday at 2:00 P.M. until Wednesday at moo a.m. Week Two - MOTHER shall have Lilly from Wednesday at moo a.m. until Monday at noon and FATHER shall have Lilly from Monday at noon until Wednesday at io:oo a.m. h If Lilly is in school, the custody transfer times during the week shall be after school. r r C{»` no r ' a ' 3. On FATHER's Sundays, unless he has plans, he shall bring Lilly to Sheetz at moo a.m. and pick her up at Sheetz at 1:30 P.M. so Lilly can attend Church with MOTHER. 4. If either of the parents will be away from Lilly for more than one hour, the other parent shall have the right of first refusal to care for her. 5. Holidays - The following is the holiday schedule: a. Thanksgiving - The parents shall share Thanksgiving Day each year with MOTHER having Lilly until 3:00 p.m. and FATHER having Lilly from 3:00 p.m. until 9:00 P.M. b. Christmas - The parents shall share the Christmas holiday with MOTHER having Lilly from 2:00 P.M. on December 24th until 2:00 P.M. on December 25th, and FATHER having Lilly from 2:00 P.M. on December 25th until 2:00 P.M. on December 26th every year. c. Easter - The parents shall share Easter Sunday each year with MOTHER having Lilly until 3:00 P.M. and FATHER having Lilly from 3:00 p.m. until 9:0o p.m. d. Trick or Treat - If trick-or-treat is on the same night in both parents' neighborhoods, they shall share the night with Lilly, with each parent taking her trick-or- treating for one hour. If trick-or-treat is on different nights in their neighborhoods, both parents shall take Lilly trick-or-treating. e. MOTHER shall have Lilly for Mother's Day from the Saturday before the holiday at 8:30 p.m. until Mother's Day at 6:0o p.m.; and FATHER shall have Lilly for Father's Day from the Saturday before the holiday at 8:30 p.m. until Father's Day at 6:00 p.m. r until Father's Day at 6:oo p.m. f. Memorial Day, the Fourth of July and Labor Day - The parents agree to share or alternate these holidays each year as they can mutually agree. g. MOTHER and FATHER agree that they shall equally share Lilly's free time on her birthday, and the parents' respective birthdays. h. The parents agree that the holiday schedule shall take precedence over the regular custody schedule. 6. Vacation/Uninterrupted Time - The parents agree that each shall have two weeks of vacation/uninterrupted time with Lilly each year. These weeks can be consecutive or nonconsecutive. A week shall be defined as seven (7) days. Both parents shall give each other written notice of their chosen week(s) for vacation/uninterrupted time. In the event both parents choose the same week(s), the parent who gives first notice shall prevail. 7. MOTHER and FATHER agree that this custody schedule can be altered or modified by their mutual agreement. 8. FATHER agrees that he shall not take Lilly with him for an actual repossession. 9. MOTHER and FATHER agree that they shall talk to each other about activities for Lilly with the understanding that the ultimate decision about attendance on any given day shall be made by whichever parent has Lilly that day. io. The parents agree that each shall be entitled to reasonable telephone contact with Lilly when she is in the custody of the other parent. 11. MOTHER and FATHER agree to cooperate with each other, communicate directly with each other regarding Lilly, and be flexible with the custody schedule in Lilly's best interests. 12. The parents acknowledge that the Honorable M.L. Ebert, Jr. previously entered 12. The Honorable M.L. Ebert, Jr. previously entered an Order in this matter on March 29, 2007 regarding physical and legal custody. 13. This Order shall replace and supersede any and all prior Custody Orders and shall remain in full ford and effect pending further Order of Court. BY THE COURT: Honorable M. L. Ebert, Jr. Distribution: For Plaintiff CDP I ?"-S MU LICcL For Defendant: MICHAEL R FEMMER, Plaintiff V. CATHY D. BURGETT, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-714 - CIVIL TERM : IN CUSTODY ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Cathy D. Burgett, in the above- referenced matter. Respectfully submitted, L k. IV Mark A. Mateya, squire Attorney ID No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 (717) 241-3099 Fax Date: - 4 - 0 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: James Nealon Esquire 2411 N Front Street Harrisburg PA 17110 Grace E D' Alo Esquire MidPenn Legal Services 401 East Louther St Ste 103 Carlisle PA 17013 44. Mark A. Mateya, Es uire PO BOX 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: g- 4- 0 `I e rRy ?DDS t':L - a 'i : 02 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT F.ILED-OFFICE T THE PROTH01140 fr,to 1012 FEB 22 PH 3: 27 CUMBERLAND COUNTY MICHAEL R. FEMMER. Plaintiff V. CATHY D. BURGETT Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 0714 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF NOW COMES the Defendant, Cathy D. Burgett, by and through her counsel, Nathan C. Wolf, Esquire, and presents the following petition for special relief and in support thereof represents as follows: 1. The defendant/petitioner is Cathy D. Burgett, an adult individual residing at 411 North Baltimore, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The plaintiff/respondent is Michael R. Femmer an adult individual whose last known address is 21021 Old Highway 49, Saucier, Mississippi, 39574. 3. The plaintiff and defendant are the natural parents of one minor child, namely: Name Present Residence Age Lilly Anna Femmer with Mother 7 years D.O.B. 03/05/2004 4. The child is presently the subject of an Order for Custody issued October 31, 2007 by the Honorable M.L. Ebert, Jr., upon presentation of a stipulated agreement executed by the parties. providing for shared legal custody and physical custody of the child. A true and correct copy of the order of which modification and special relief is sought is attached hereto as Exhibit "A." 5. Since the entry of the aforesaid Order, Mother typically had primary custody of the child with Father generally only exercising a portion of the time afforded to him in the Order, to permit him additional time to work. C-) G11?.'? z 83 00 Pd CLO) Ck.-?3?{3(.v tit S-7 41 In October 2011, Father was informed that his home, which he rented, had been sold and that Father had to vacate by November 1, 2011. Mother, to her credit, permitted Father to temporarily reside in her home because Mother knew Father was planning to relocate to Mississippi, and to permit him contact with the child pending Father's move. 8. On January 1, 2012, Father did relocate to Saucier, Mississippi. Upon information and belief, Father has secured employment in his profession as a repossession agent in Mississippi and he currently working there. 10. Father has secured housing in Saucier, Mississippi for himself with family members. 11. Father has had regular contact with the child through internet video chat and via telephone contact since his departure, but he has not exercised custody since January 1, 2012. 12. Upon information received from third-parties, Mother believes that Father intends to be in Pennsylvania at the beginning of March 2012 and that he intends to exercise custody of his daughter for some unspecified period of time, but Mother is without sufficient information to know when Father will arrive or how long he intends to stay. 13. Mother has only one exchange of communication with Father concerning his travels to Pennsylvania, which was limited to Mother's request that Father not interrupt the child's birthday party which Mother is throwing on March 3, 2012. 14. Father has made unsettling statements accusing Mother of having previously kept the child from Father, and that he has implied that the child might be kept from Mother. 15. Mother and Father have had somewhat of a tumultuous past, where Mother sought refuge in the domestic violence shelter because of behaviors and threats exhibited by both Father and Father's adult son. 16. Mother is now concerned that without a modification to the Court Order of October 31, 2007, Father would, as he has in the past, remove the child from the jurisdiction without Mother's knowledge. 17. Mother believes it is likely that Father would remove the child from the jurisdiction because Father has been so evasive about even his arrival date, let alone where he would be staying during his time in Pennsylvania or what is intentions are with regard to contact with the child. 18. Mother fears that because Father has a volatile personality, he may attempt to assume custody of the child and return to Mississippi. 19. Mother is concerned that without interim relief, the child would suffer considerable trauma and disruption until this Court could authorize action to directing Father to return the child to this jurisdiction and the custody of Mother. 20. The child is, of course, enrolled in school and she attends the 2°d grade at Mt. Holly Elementary School, in the Carlisle School District. 21. Mother does not want to act in a way that would prevent Father from seeing the child, but rather is trying to ensure the child's well-being during any visit and to ensure that the current Order of Court would explicitly require Father to remain in the jurisdiction with the child unless Mother otherwise consents. 22. Mother submits that Father's periods of custody should be limited in duration and should not include overnights unless Father can demonstrate to Mother that he has adequate housing available to provide for the child's needs while in Father's care. 23. Moreover, Mother requests even if Father demonstrates adequate housing while he is in Pennsylvania, that he have no more than one consecutive overnight visit. 24. Finally, Mother requests that the Court direct Father to inform Mother where he will be exercising any visits with the child and that in the event the parties cannot reach an agreement to the contrary, Father's visits would be limited to a period of four hours. 25. Mother has, contemporaneously herewith, filed a petition for modification of the underlying Order as a result of the recent events seeking an Order permanently modifying the Order to provide that she has primary physical custody of the child. 26. Mother is gainfully employed as an artist and has provided a stable household where she is completely capable of continuing to care for the child's needs. 27. Mother has a support structure in place to provide for the child's needs but Mother's schedule is such that she does not require childcare while she is working. 28. It is submitted that without the relief requested herein, if Father removed the child from Mother's custody she would be unable to locate the child to secure her return and in the interim, Mother cannot be certain that environment where Father would have the child would not pose a threat to the child's safety. 29. Moreover, if Father removed the child from Mother's custody, her education progress would be unnecessarily interrupted. 30. Mother believes that Father would not intentionally expose the child to harm but that his past decision making calls into question the propriety of his judgment. 31. Mother submits that the child's best interests and permanent welfare would be best served by granting her primary physical custody. 32. The prior judge assigned to this matter is the Honorable M.L. Ebert, Jr.. 33. Mother believes that the best interests of the child will be served by granting the relief requested herein. WHEREFORE, for the reasons set forth herein, Defendant, Cathy D. Burgett., respectfully requests that the Court enter a temporary order granting physical custody of the child to her and directing that Father shall be limited to periods of visitation with the child for periods of no more than four hours on no more than four consecutive days unless the parties reach an agreement to the contrary, such that his visits to not interfere with the child's school and with the understanding that Father is only returning to Pennsylvania temporarily while visiting, pending further Order of Court, and such other relief as set forth on the proposed Order of Court submitted herewith, along with any additional relief that the Court may deem appropriate and just. Respectfully witted, WOLF & YLF, Attorneys at Law Date: February 4-1-11012 B Na n .Wolf, Esquire 10 st High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant VERIFICATION I do hereby verify that I am the defendant in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. February , 2012 ljl"4 - Ca Burgett aezoW? J OCT AOL IN n= COMM OF COMMON PIJM OF CUMBERLAND COUNTY, PMMYLVMU CIVIL AMON - LAW MICHAEL R. F bDffX% Plaintiff :No. 07-714 Civil Term v. : IN CUSTODY CATHY D. BURGEIT, Defendant • AND NOW, this 31 _ day of O C?eke jr 2007, upon consideration of the attached Stipulation for Modification of Custody Order, IT IS HEREBY ORDERED AND DECREED that custody of 111y shall be as follows: i. The parents shall share legal custody of Lilly. 2. The parents shall share physical custody of Lilly on the following biweekly schedule: Week One - MOTHER shall have Lilly from Wednesday at io:oo am. until Friday at 2:00 P.M. and FATHER shall have Lilly from Friday at 2:00 P.M. until Wednesday at io:oo am. Week Two - MOTHER shall have Lally from Wednesday at io:oo am. until Monday at noon and FATHER shall have Lilly from Monday at noon until Wednesday at io:oo am. If Lilly is in school, the custody transfer times during the week shall be after school. ? A,,, 6+ A r , . 3. On FATHER's Sundays, unless he has plans, he shall bring Lilly to Sheetz at 10:0o a.= andpick herup at Sheetz at 1:30 p.m. so My can attend Church with MOTHER 4. If either of the parents will be away from Lilly for more than one hour, the other parent shall have the right of first refusal to care for her. 5. Holidays - The following is the holiday schedule: a. Thanksgiving - The parents shall share Thanksgiving Day each year with MOTHER having Lilly until 3:00 P.M. and FATHER having Lilly from 3:00 p.m. until 9:00 P.M. b. Christmas - The parents shall share the Christmas holiday with MOTHER having Lilly from 2:00 P.M. on December 24th until 2:00 p.m. on December 25th, and FATHER having Lilly from 2:00 P.M. on December 25th until 2:00 P.M. on December 2601 every year. c. Easter - The parents shall share Easter Sunday each year with MOTHER having Lilly until 3:00 P.M. and FATHER having Lilly from 3:00 p.m. until 9:00 p.m. d. Trick or Treat - If trick-or-treat is on the same night in both parents' neighborhoods, they shall share the night with Lilly, with each parent taking her trick-or- treating for one hour. If trick-or-treat is on different nights in their neighborhoods, both parents shall take Lilly trick-or-treating. e. MOTHER shall have Lilly for Mother's Day from the Saturday before the holiday at 8:3o p.m, until Mother's Day at 6:00 p.m.; and FATHER shall have Lilly for Father's Day from the Saturday before the holiday at 8:30 p.m. until Father's Day at 6:oo p.m. until Father's Day at 6:oo p.m. f. Memorial Day, the Fourth of July and Labor Day - The parents agree to share or alternate these holidays each year as they can mutually agree. g. MOTHER and FATHER agree that they shall equally share Lilly's free time on her birthday, and the parents' respective birthdays. h. The parents agree that the holiday schedule shall take precedence over the regular custody schedule. 6. Vacation/Uninterrupted Time - The parents agree that each shall have two weeks of vacation/uninterrupted time with Lady each year. These weeks can be consecutive or nonconsecutive. A week shall be defined as seven (7) days. Both parents shall give each other written notice of their chosen week(s) for vacation/uninterrupted time. In the event both parents choose the same week(s), the parent who gives first notice shall prevail. 7. MOTHER and FATHER agree that this custody schedule can be altered or modified by their mutual agreement 8. FATHER agrees that he shall not take Lilly with him for an actual repossession. 9. MOTHER and FATHER agree that they shall talk to each other about activities for Lilly with the understanding that the ultimate decision about attendance on any given day shall be made by whichever parent has Lilly that day. io. The parents agree that each shall be entitled to reasonable telephone contact with Lilly when she is in the custody of the other parent 11. MOTHER and FATHER agree to cooperate with each other, commun. to directly with each other regarding Lally, and be flexible with the custody schedule in Lilly's best interests. 12. The parents acknowledge that the Honorable M.L. Ebert, Jr. previously entered 12. The Honorable M.I.. Ebert, Jr. previously entered an Order in this matter on March 29, 2007 regarding physical and legal custody. 13. This Order shall replace and supersede ay and all prior Custody Orders and shaIl remain in full force and effect pending further Order of Court. B'Y THE OOUW: Ix.-Av" Ua\ Honorable M. L Ebert, Jr. For Plaintiff: A4 A.)&& For Defendant: - C , -9 ual c44- 41/07 l MICHAEL R. FEMMER. Plaintiff V. CATHY D. BURGETT Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 0714 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify that I have served a copy of the foregoing Petition for Special Reliefupon the following individual by postage prepaid mail, addressed as follows: James G. Nealon, Esquire Nealon Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Date: February?? , 2012 ' 61f, Esquire Defendant MICHAEL R. FEMMER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CATHY D. BURGETT, DEFENDANT : NO. 07-0714 CIVIL ORDER OF COURT : =C) N r AND NOW, this 24th da y of February, 2012, upon consideration of Cathy Burgett's Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that: 1. The parties shall continue to share legal custody of the child, Lilly Anna Femmer, DOB: 03/05/04; 2. Mother shall have primary physical custody of the child; 3. Pending further Order of Court, Father shall not remove the child from Cumberland County, Pennsylvania. 4. Pending further Order of Court, Father shall have partial physical custody of the child for no more than four (4) hours per day unless the parties can reach an agreement for additional time. 5. Father's Partial physical custody shall not interfere in any way with the child's school attendance. Father shall receive custody of the child from the Mother only. Father will not be permitted to pick up the child from the child's school directly. 6. Father shall provide the Mother with information concerning the duration of his stay in Pennsylvania, and an address of where he will be residing while! in Pennsylvania. 7. An emergency hearing on the matter will be held on Monday, March 5, 2012, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Each party's presentation will be limited to thirty (30) minutes. By the Court, i M.L. Ebert, Jr., ( J. James G. Nealon, Esquire Attorney for Plaintiff ? Nathan C. Wolf, Esquire Attorney for Defendant bas NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT OF THE F-I LED-OFFICE ',t1 2012 FEB 29 AM 9: 36 CUMBERLAND COUNTY PENNSYLVANIA MICHAEL R. FEMMER. Plaintiff V. CATHY D. BURGETT Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 0714 CIVIL TERM IN CUSTODY MOTION FOR CONTINUANCE NOW comes the Defendant, Cathy D. Burgett, by her attorney, Nathan C. Wolf, Esquire, and presents the following motion for continuance of the March 5, 2012 emergency hearing, representing as follows: 1. The plaintiff is Michael R. Femmer, an adult individual, whose precise whereabouts are unknown but whose last known address is 21021 Old Highway 49, Saucier, Mississippi, 39574. 2. The defendant is Cathy D. Burgett, an adult individual residing at 411 North Baltimore St., Mt. Holly Springs, PA 17065. 3. The defendant is the natural parent of one minor child, namely: Lilly Anna Femmer, age 7, born March 5, 2004. 4. The parties are the natural parents of the child. 5. An Order was issued following a Petition for Special Relief, scheduling an Emergency Hearing for March 5, 2012 at 9:00 a.m. 6. Father returned to Pennsylvania on or about February 26, 2012 and has had regular phone contact with the child since that time. Father was provided with a copy of the Order scheduling this matter for March 5, 2012. Likewise he has already exercised one visit with the child on February 26, 2012. 8. Mother is requesting that this hearing be continued to a later date due to the unavailability of the undersigned, who is scheduled to be out-of-state and will be unavailable from February 27, 2012 until March 7, 2012 in order to give adequate time to prepare for the hearing. There should be no prejudice suffered by the father as he is afforded regular contact pursuant to the February 24, 2012 court order. No prior continuances have been sought in this matter. 10. Counsel for Mother has attempted to ascertain the status of representation of Father and has contacted James G. Nealon, III, Esquire, who no longer maintains a private practice and is now serving as in house counsel for a corporation. WHEREFORE, Defendant, Cathy D. Burgett respectfully requests that the Court issue an Order continuing the March 5, 2012 Emergency hearing to the next available date for hearing after March 7, 2012, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF Dated: February A 1 2012 By: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, do hereby verify I am counsel for Movant, and the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. February al, 2012 Nathan C. Wolf, Esquire Counsel for Defendant/Mother NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT MICHAEL R. FEMMER. Plaintiff V. CATHY D. BURGETT : NO. 2007 - 0714 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant Cathy D. Burgett, do hereby certify that this date, I have served a copy of the foregoing Motion to Continue, upon the following person, by IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW United States Mail, addressed as follows: Dated: February ? 1, 2012 Michael R. Femmer 204 West Springville Road Boiling Springs, PA 17007 By: Respectfully submitted, WOLF & WOLF, Attorneys at Law Nathan C. Wolff Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant MICHAEL R. FEMMER, PLAINTIFF V. CATHY D. BURGETT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-0714 CIVIL ORDER OF COURT AND NOW, this 29th day of February, 2012, upon consideration of Cathy Burgett's Motion for Continuance; IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for March 5, 2012, at 9:00 a.m. is CANCELLED. Either party may petition this Court to reschedule the hearing. In the interim, this Court's Order of February 24, 2012, shall govern the exercise of custody for the child, Lilly Anna Femmer, dob: 3/05/04. By the Court, 14A U ? M.L. Ebert, Jr., J. /Michael R Femmer, Pro Se Plaintiff Nathan C. Wolf, Esquire Attorney for Defendant bas es ?? ?r? ??I ?/ :. C C=3? f MM M? v , r <> z t-- ;z rCD = MICHAEL R. FEMMER IN THE COURT OF COMMON PLEAS OF"- -' PLAINTIFF CUMBERLAND COUNTY, PENNSYLVT A C:) mot. 2007-714 CIVIL ACTION LAW C... W _ CATHY D. BURGETT t> IN CUSTODY DF.FFNDANT ORDER OF COURT AND NOW, Friday, March 30, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 19, 2012 at 9:30 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. 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/ Hubert X. Gilro Es q. uktj? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 7?!4ours 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 copy Coe riwQl 19 '7 t 9'/0 r y 313411 Z MICHAEL R. FEMMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2007-714 CIVIL ACTION -LAW CATHY D. BURGETT, Defendant IN CUSTODY PRIOR JUDGE: M. L. Ebert COURT ORDER AND NOW, this S? day of M sy , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Custody Orders entered in this case are vacated and replaced with the following Order: 1. The father, Michael R. Femmer, and the mother, Cathy D. Burgett, shall enjoy shared legal custody of Lilly Anna Femmer, born March 5, 2004. 2. Physical custody shall be handled as follows: A. Father shall have custody on alternating weekends from Friday evening at 5:00 p.m. until Sunday morning at 10:00 a.m. Additionally, father shall have custody every week from Monday evening at 5:00 p.m. until Wednesday morning when he shall deliver the child to school or to the mother, as appropriate. B. Mother shall have custody at times when father does not have custody as outlined above. 3. The following provisions shall apply to the custody arrangement: A. When father has custody of the minor child, he shall not take the child on any of his repossession job assignments. Additionally, when transporting the child, the child shall be kept in the backseat of the automobile with a booster seat. B. The father shall not allow the child to be unsupervised in the presence of the child's half brother Eric, and the mother shall not leave the child unsupervised in the presence of her father. 4. A right of first refusal shall be in place such that the non-custodial parent shall be first contacted to provide care for the child if the custodial parent is not going to be able to take care of the child when they have custody for a period of three hours or more. 5. Both parents shall insure that the minor child shall attend all of her activities when they have custody of the child. 6. Legal counsel for the parties shall conduct a telephone conference with the Custody Conciliator on Thursday, July 6, 2012, at 8:00 a.m. At that time and in the event the parties are unable to reach an agreement on a permanent Order, the Conciliator may, as appropriate, refer the case to Court. Additionally, if there are any emergency issues that need to be addressed prior to the scheduled telephone conference, legal counsel for either party may contact the Conciliator directly to set up an expedited telephone conference to address those issues. BY THE COURT, ?V? ?A, M. L. Ebert, Judge Gt i .y M00 am z y „ F rrj cc: J Jane Adams, Esquir e i `:) Esquire Nathan Wolf cc? , led 41 l j ,? & ; es ,ha C-j c ri? . P , v 10 MICHAEL R. FEMMER, Plaintiff v CATHY D. BURGETT, Defendant PRIOR JUDGE: M. L. Ebert : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-714 CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Lilly Anna Femmer, born March 5, 2004. 2. A Conciliation Conference was held on April 26, 2012, with the following individuals in attendance: The father, Michael R. Femmer, with his counsel, Jane Adams, Esquire, and the mother, Cathy D. Burgett, with her counsel, Nathan Wolf, Esquire. 3. The parties agree to the entry of an Order in the form as attached.. Date: April '2012 C??Ax . - Hubert X. Gilroy, Esquire Custody Conciliator