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HomeMy WebLinkAbout03-1438JULIA A. BIXLER, Plaintiff V. JEFFREY L. BIXLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - ]q~ IN CUSTODY CIVIL TERM o COMPLAINT FOR CUSTODY Plaintiff is Julia A. Bixler, an adult individual currently Hanover Street, Carlisle, Cumberland County, Pennsylvania. residing at 1070 North Defendant is Jeffrey L. Bixler, an adult individual currently residing at 44 Sandy Bottom Road, Carlisle, Cumberland County, Pennsylvania. The parties are the natural parents of three (3) children, namely, Benjamin J. Bixler, born June 12, 1986, Amanda M. Bixler, born October 7, 1987, and Austin L. Bixler, born October 8, 1990. The child, Benjamin J. Bixler, was born out of wedlock. The children, Amanda M. Bixler and Austin L. Bixler, were not born out of wedlock. For the past five (5) years, or since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: NAME Jeffrey L. Bixler Toni O'Donnell Corey O'Donnell Shane O'Donnell Mike Shoop ADDRESS 44 Sandy Bottom Road Carlisle, PA 17013 DATES June 2002 to Present o o o NAME ADDRESS Jeffrey L. Bixler Mike Shoop Jeffrey L. Bixler Jeffrey L. Bixler Julia A. Bixler 44 Sandy Bottom Road Carlisle, PA 17013 44 Sandy Bottom Road Carlisle, PA 17013 44 Sandy Bottom Road Carlisle, PA 17013 DATES June 2000 to June 2002 April 2000 to June 2000 1995 to April 2000 The natural mother of the children is Julia A. Bixler who resides as aforesaid. She is single. The natural father of the children is Jeffrey L. Bixler who resides as aforesaid. He is single. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides alone. The relationship of the Defendant to the children is that of natural father. Defendant currently resides with the children at issue and with Toni O'Donnell, his girlfriend, Corey O'Donnell and Shane O'Donnell, his girlfriend's children, and Mike Shoop, a friend of the family. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. Plaintiff has no information of any custody proceedings pending in any Court of this Commonwealth. concerning the children It is in the best interest and permanent welfare of the children to grant the relief requested because: a) Plaintiff has the ability to provide for the financial, physical, and emotional needs of the children; b) Plaintiff is desirous of establishing a more arrangement for the children; and consistent and stable custody c) During the time of the parties' marriage and following their divorce during the time that they continued to reside together, Plaintiff had been a primary custodian for the parties' children. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time she should be granted partial physical custody of the children. Respectfully submitted, Maryl'oli ~atas, EsqmYe Attorney JO'r Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. JUL~/~. BIXLER, Plaintiff JULIA A. BIXLER PLAINTIFF Vo JEFFREY L. BIXLER DEFENDANT IN 'FILE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1438 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 03, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre _J. acqueline M. Verney, Esq.__, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 06, 2003 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. 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/ Jacqueline M. Verney, Esq. 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 (JET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 HAY 0 6 003 JULIA A. BIXLER, Plaintiff JEFFREY L. BIXLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1438 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~-- day of W~'~"~ ,2003, upon consideration of the attached Custody Conciliation'Report, it is ordered and directed as follows: 1. The Mother, Julia A. Bixler, and the Father, Jeffrey L. Bixler shall have shared legal custody of Benjamin J. Bixler, bom June 12, 1986, Amanda M. Bixler, bom October 7, 1987 and Austin L. Bixler, bom October 8, 1990. 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. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody, as follows, although it is understood that Benjamin is soon to be seventeen years old and is busy with work and activities and Mother shall be flexible with her custody of Benjamin: a. Beginning May 9, 2003 alternating weekends from Friday after school to Sunday at 7:00 p.m. b. During school, one evening per week (it is anticipated to be Tuesday unless otherwise agreed by the parties) from after school to 7:00 p.m. or overnight as agreed by the parties. Mother shall transport the children to school the next day if she has the children overnight. c. During the summer, Mother shall have the children for a total of three (3) overnights every week with her alternating weekends to continue and to be counted as two of the three overnights. 4. Mother shall have custody of the children on Mother's Day. Father shall have custody of the children on Father's Day. o 9:00 p.m. time. Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to Father shall always have the earlier time. Mother shall always have the later 6. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. The parties shall share equally, as much as possible, the remainder of the Christmas holiday, as agreed. 7. Easter shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Mother shall always have the earlier time. Father shall always have the later time. 8. Transportation shall be shared such that the receiving party shall transport the children, except as otherwise provided in this Order. 9. Mother understands that during her periods of custody she is responsible for getting the children to their activities and work. 10. This Order is entered pursuant to an agreement of the parties at a Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this 'Order shall control. cc' 'lou Matas, Esquire - Counsel for Mother "'~~ouglas Miller, Esquire Counsel for Father Jo JULIA A. BIXLER, Plaintiff JEFFREY L. BIXLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003-1438 CIVIL TERM : CIVIL ACTION -iLAW : : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Benjamin J. Bixler Amanda M. Bixler Austin L. Bixler DATE OF BIRTH CURRENTLY IN CUSTODY OF June 12, 1986 Father October 7, 1987 Father October 8, 1990 Father 2. A Conciliation Conference was held in this matter on May 5, 2003. Present at the conference were Mother, Julia A. Bixler, with her counsel, Marylou Matas, Esquire and Father, Jeffrey L. Bixler, with his counsel, Douglas Miller, Esquire. 3. The parties agreed to an Order in the form attached. Date J~ueli~ M. Vemey, Esquire Custody Conciliator