HomeMy WebLinkAbout00-05422
-,~
,~ , "
..t.
SEP 1 4 2~
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-5422 CIVIL ACTION - LAW
NAOMI R. BURGETT
Plaintiff,
JAMES R. BURGETT
Defendant.
IN CUSTODY
ORDER OF COURT
AND NOllY, this \ " day of --.Sf/JW , ' 2000 upon
consideration of the Custody Conciliation Summary Report and the agreement of the
parties it is hereby ordered and directed:
1. Legal custody.. The parties, Naomi R. Burgett and James R. Burgett shall
have shared legal custody of the minor children, Chrystal Delilah Burgett, born August
7, 1986 and James Raymond Burgett II, born May 4, 1980. Each parent shall have an
equal right to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the child's general well being including, but not limited
to, all decisions regarding her health, education and religion. Pursuant to the terms of
this paragraph, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to, school and medical records and information. To
the extent one parent has possession of any such records or information that parent
shall be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of a reasonable use to the
other parent. Specifically, the parents shall be required to share with each other
information regarding school activities and extracurricular activities in a prompt fashion
so that each parent may participate in the child's education and activities as fully as
possible.
2. Physical custody. Mother shall have primary physical custody of the
children subject to the Father's rights of liberal partial custody which shall be arranged
as follows:
a. Alternate Saturdays from Noon until 6:00 p.m. to commence September
:i
I
I
'r ,=~','
'Tnl~illrjljt"
;
I
"'ill_ ~
.
,
No. 00-5422
23, 2000.
b. Other such times as the parties may agree. The parties are to cooperate
with each other to enable the children to have frequent and continuing contact with both
parents.
c. Holidays shall be shared with the specific times and arrangements to be
as the parties shall mutually agree.
3. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of this Order
by mutual consent. In the absence of mutual consent, the terms of this Order shall
control.
DISTRIBUTION:
James J. Kayer, Esquire
Thomas S. Diehl, Esquire
~ ,
~, -~ ~ ,~
-". _0',_
,
J.
C~{Y)~
q-J~'OO
R~!3
-,~
-
~'IiiIlIiIl:iEhL~"
I!I!illllfiliil1lllllli1iiilliill~'~~"'''''''- ,""~""..~<~~,,,~iai'''''IllI-'-''''"
,
,
~:";~,,~..JAtA,,_,; ""q,J~,~~~~J.1J)t.,;~1~-;,!~_fi'fF'~2l "'-,',- A.,I-;~, h"
- ,,' ,>' ,.~,".~, .,-
"''''.IIiIIili' 'e.
~ .
~- -
RLED...OFACE
"" T,,~ "".-y;.Ll~~N""T.'^ny
VI'" : t..,,~ !.r~t.fl r,',)! V 1"\0
OOSEP 15 PM 1.,:24
:CUM~I.AND ~ COUNtY
.'~~ PENNSYLVANIA
'. ,
,
'1=" .'.,
.~ .,
.'nt~
I!f"
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-5422 CIVIL ACTION - LAW
NAOMI R. BURGETT
Plaintiff,
JAMES R. BURGETT
Defendant.
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Chrystal Delilah Burgett August 7, 1986
James Raymond Burgett II May 4, 1980
Mother
Mother
1. A Conciliation Conference was held on September 12, 2000 with the
following individuals present: Father, James R. Burgett and his counsel James J. Kayer,
Esquire; Mother, Naomi R. Burgett and her counsel, Thomas S. Diehl, Esquire.
2. The parties agreed to the entry of an Order in the form as attached.
%I[/LJrl l~6
Custody Conciliator
W."
...
- - .,-,~' -
.
,
NAOMI R. BURGETT
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-5422 CIVIL ACTION - LAW
IN CUSTODY
v.
JAMES R. BURGETT
Defendant.
CUSTODY CONCiliATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Chrystal Delilah Burgett August 7,1986
James Raymond Burgett II May 4, 1980
Mother
Mother
1. A Conciliation Conference was held on September 12, 2000 with the
following individuals present: Father, James R. Burgett and his counsel James J. Kayer,
Esquire; Mother, Naomi R. Burgett and her counsel, Thomas S. Diehl, Esquire.
2. The parties agreed to the entry of an Order in the form as attached.
%dLJrJ l !J!i~ro
Custody Conciliator
~ .
~I,<I-
NAOMI R. BURGETT
PLAINTIFF
V.
JAMES R. BURGETT
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-5422 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 7th day of August ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 31st day of August ,2000, at 11:00 a.m.
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 defme and narrow the issues to be heard by the court, and to enter into a temporary
(lrder. 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.
FOR TIlE COURT,
By: Isl
Melissa P. Greevy. ES~
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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET
FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
";~~,.,-
,~" ,
~ ~',
.
-~,.,
""....JliIl!iIln~lf~
. ' " .' !lit'~",~~;;.:iitl~o."";"-I~1,&d.j,<ilii"",,.tidU:~i--'lfrW~~~
,~~l\j~__1ii!~~ .
.,"'\/
,~",~,-~",""L.~jjG
""--';'"
FiLED-QfFiCE
OF r:':)DT!!ONOTARY
00 AUG -9 PM I: 49
CUM8Ef.1UND COUNTY
PENNSYLVANIA
f-f.oo ~. ~ ':'<'l" tJ" ~ 4 i2:LI
~ <l.al 7l~ /I1a:A/ ~ ~_
'f -tJ .!JtJ I~ ~ ~ dj~ ~
J'):;;~~-n'" ,'2;:"_' ~lL",,,-.,,_ ."",< ,'_,,~,,_
,''1',,'._-''''',
,,-
I!lIl'
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000- 5lJ;;l~ CIVlL TERM
NAOMI R. BURGETT,
Plaintiff
JAMES R. BURGETT,
Defendant
: CIVlL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
]
1
I
I
1
'I
!
n
:1
.<1
AND NOW, this day of , 2000 upon consideration of the
attached Complaint it is hereby directed that the parties and their respective counsel appear before
Esquire, the conciliator, at
, Pennsylvania, on the day of
, 2000, at o'clock _.m. 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 be present at the conference. Failure to appear
at the conference may provide grounds for entry of a temporary or pennanent order.
FOR THE COURT:
,
1
i
;!
,l
,
i!
h
By:
Custody Conciliator
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 FORm BELOW TO FIND OUT WHERE YOU CAN GET HELP.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
1-800-990-9108
'ii
:j
~,
W
1~
~l
l
31
:,
~
'; '.' f"'~' ^,' , .e "'.~,=" 0,',__ ~_,'_ "," '~".,,'~~,' .~f,_=>,',,~, _ '''',^"=_,,~,_ ,._'-'"' ~'-___~',"T,!"",""v,, ., ,"" _. _. ", . __, ,'c, ", ._,~ ,~.'h'.',.,,~'~"'.~,",~~ ,_~ ;,'n _",~ ", _ r__ ,,'
'n",-,"' _
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000- 5'1 oZ.z CIVIL TERM
NAOMI R. BURGETT,
Plaintiff
JAMES R. BURGETT,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Naomi R. Burgett, an adult individual currently residing at 70 Station
Road, Newville, Cumberland County, Pennsylvania 17241.
2. Defendant is James R. Burgett, an adult individual currently residing at 3512
Greerpoint Road, Marysville, Peny County, Pennsylvania 17053.
3. The Plaintiff is the natural mother of the children, Chrystal Delilah Burgett, born
August 7, 1986; and James Raymond Burgett, n, born May 4,1990.
4. The children were born in wedlock.
5. For the past five years, the children have resided with the following persons at the
following addresses for the following lengths of time:
NAME
Naomi R. Burgett
AnnRP~~
70 Station Road
Newville, P A
nATR~
July 21, 2000 to
present
Naomi R. Burgett
James R. Burgett
70 Station Road
Newville, P A
July, 1995 to
July 21, 2000
6. The natural Mother of the children is the Plaintiff, who resides as foresaid. She is
married.
7. The natural Father of the children is the Defendant, who resides as foresaid. He is
married.
'1-.,._ -"~___ ,~._<", __ '_ ",~,. .=".'c ~""~"^"_""_~""''''..,'
-.,
, , ;'~-' -"-~"'-
~ c<"c ~c
8. The relationship of the Defendant to the children is that of natural Father. It is
unknown to the Plaintiff with whom the Defendant currently resides.
9. The relationship of the Plaintiff to the children is that of natural Mother. The
Plaintiff currently resides with the children.
10. The Plaintiff has no information of a custody proceeding concerning the children
pending in any Court of this Commonwealth.
11. The best interest and permanent welfare of the children will be best served by
granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster
the children's well being.
12. The Plaintiff 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, the Plaintiff, Naomi R. Burgett, respectfully requests this Honorable
Court to enter an Order scheduling the Parties for a Custody Conciliation.
~
I
I
I
Ii
l'
/
I
I
I
!
"
,
i
~I
Ii,
;,
~i
f:i
I"
I:
Respectfully submitted,
Date:
fJ~3-(x)
Thomas S. Diehl, Esquire
Attorney for the Plaintiff
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
~,
p:
Ii
I:'
l'
,
W
I
;,-,~-
'e< ",_~.'
~- +"e,;;q-,=.,- --"'.. '. :__'_""'~' ,,' \- _",<',,,,' '-c" .,'''i, ;-"~:'"",_Y1'__ - ",r:-; ,~, '__',,, .",' ,u_ ,.,'_" ""'. _,,, '" . ~>='-' _ ~, " " '"~, ~ A
."
"'"l
VERIFICATION
I verifY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, relating to
unsworn falsification to authorities.
~?~~
NAOMI R. BURGEIT, lainti
,
:i~
Ii
'ii
11
11
1]
'I
~I
(li
y
!l
'1
jl
'I
n
11
H
i1
,,~
:~
'1
til
j~
;!I
,~
I;
!,\j
i~
;'0:
,~
';1
,I
'~1
'j
i~
q
;'1
r~1
!~J
:~
; i,~
,'~, ''^~/',-'r,~.."~~,,,,-;~,v-_r. -'7". ,~' ~__'r " - ,""~,_;"S"!"}',,,'''_,\'''l'_. ".'" ''''~1' - '0", F ~-"'__ '''"c v' --' -
"',"-'''-' ,-,'__"7,-_,<,\_, ...It ,,,;,",,,,, ,',',"
i!..~
,
..,~.~.~. ~,
'~"~'_" .. ~.~ ....'., .,'~ ""~'~"~~""""~_'~~''''~'''''''~ .' ,."....,~ ..,..,~",t)l"", ~""Jll'll!
NOTICE OF~ APPEAl. ~ ~ ~ ~ ~
~~
COMMONWEALTH OF PIENNSYLVANIA
COURT Of COMMON PLEAS
fROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 00- ~A/ J;J cZ;",,( 19.1'2..h-j
NOTICEOf'APPlAL
Notice is given thcJt the appellant has filed in the above Court of ComioonPleas ~"n appeal from the judgment rendered by the District Justice on the
dale and in the case mentioned below.
JUDICIAL DISTRICT
NAME Of APPELLANT
"'ijJ/A"t /(' II.vT~14 &0 d
APf'ELLAm f T
I 0 )Jt"Y.5-r
t>>.TE AJDGMENT IN THE CA5e OF (PIaintiffJ
r
CITY
I MM>D1ST. NO. OR NAME OF D~J~
STATE
ZIP CODE
(Defendant)
CV 12
LT 19
This block will be ~gned ONLY when this nota~on is required unGler a. R.CP. . . No.
10088. ~\ ",,<, ~ '1\\~
This .Notice- of Appeal, when, received ~ +h.:. Didrict Justice, ~erate as a
SUPERSEDEAS to the judgment for possession in this c~ase.
.~
CLAIMANT (see Pa,R.CP.JP. No.
1001 (6) fMQ!!on betgr.g Di€,kicf"?4istice, he MUST
FILE: A 90MPLAINT within twenty (20) days after
filing his NOTICE ofAPPt;AL
~ ~ ~
.' 0, .
5'0 ~~O~~TO FILE COM~Ai(~~~OJ~E ~~~~,,\
(TIlis section of fomJ to be used ONLY when appellant was DEFENDANT (s'f'e Pa; HC.P.JP. No~(f1f{ZtJn ~ction~fQre~ ilf!.St(ce,
IF NOT USED, detach from copy of notice of appea/~ to be served upon appellee). ~"V\. ~\-
PRAE:~~le::~t~:~LUI A~/)lA ~ ,~~C~~i~~1
Name of appellee(s) , ' ' ~itit inth
(Cammon Pleas No. /)0 -S"-I:J.;>, tJ.(,; (~~ ) within twenty ~ (20) days after ~rvice of rule or suffer entry of judgment of non pro~
tHtl-k,
Signature of Prothonotary 0( Deputy
N- .A-,.., J~
Sigilature of appellant or his attorney or agent
RULE: To ..H" a A1IiPA :So J ~
. -,Name of appeItoefs)
, appellee(s).
(1) You are no~fied that~a rule is hereby entered Upon you to file a complaint in.this qppeal within twenty (20) days after the dale of
service of this rule upon you by ~~~~rvice or by certified orregislered moil. ~.~ .. ....
- , ,...i:L~:~f:;~?':i~'~<J:\\11?\.t", , , .
(2) If you do ni:>t ,!i~~j,h~tt2I(~r0l!l~1l!!!"'" a JUDGMENT OF NON PROS WIll 8E ENTERED AGAINST YOU.
.It ~>;~,":"~,..~~ ~ ~~"''''''~~If'
(3) The date .f~~e~;..(\1iS''''I,: if~~~~~,by mail is the dale of mailing.
Date: 1Jf.L'j~ ~.;,r ~4il6'2Z~.~:~~".~:'~\:~"ij '-- L2wA 0 ~ e. L2;1 ~
;~'ifJ":'\;,~;\i'!l),,^~8k1:; ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~
";' '..... "",,,>i>? -,.",\,,;rr.
(J' ?~'~: , "~' '.;::'
t;.-. ~,~'/ olI< . " .r: ":! '''',,~
l/i., , ?'\/',"<_ ':,~, , . -', ,," (r:.~''''' ,~..
"''"'\' ,,' {ji,,,,,. ,^~, ' ,,-.,,{:,
'-. '~'\\,,:<,':,,<"~^!f~' ,', 't\..."'-r~~
\,~~)~~']-~~~:' '~
POPe 312.84
dOU&tflts ~.
", _q ,:~,.~".,~ ',~,,"'~~ ~"<,-",e~",,,~",,"^J" ...>?" ",~~"o,"""~~"",""""""",<<o""",,,~,,,t'.,,,P"'"" -,,,,.,,, -".-"'" "",., "~,.I "","4;_..,,_,,,,~~';';""'_.:~~,~~
.",.,..".,...,,~.~"J " ",~"~".~,,,.='_ '.....,,, ,."~, r."""_""f""'''';=~''' .
r
"i,,,?:;~,;(~JtH,.,.,,'f,"i:rr-i'f:"-U!i,,;r"$""'" .'_"'" ~ -.
"'"
,~ .
"
PROIOF OF SERVICE OF NOTICE Of APPEAL AND RULE TO FILE COMPLAINT
(This proot of servioe MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable bo.es)
COMMONWEAL1M OF PENNSYLVANIA
COUNT\' OF ~I.f /'f BeR JA .vi>
; $&
AFFIDAVIT: I hereby swear or affirm that I served
....,,-- ...
[fYa copy of tne Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) <;;' -ICl- c:J 0 . ~ personal service 0 by (certified) (regislered) mail, sender's
rec'l!Jll attached herelo. and upon the appellee, (name) -..I"1/1( If ~ IA- , on
_.g -10'" q (,V , +&'~ 0 by personal service l~l15y (certilied) (,s!liSl9rellj mail, send"r', receipt attached hereto.
o and further that! served the Rule to File a Complaint aocompanylng the above Notice of Appeal upon the appeilee(s) to whom
the ~Rule waS addressed on ___ , 19~ 0 by personai service [J by (certified) (registered)
moil; sender's ,,!ceipt attached hereto,
SWORN (j\FFi.RMEO) AND S~BSCRIBED BEFORE ME
THIS-At!~_DAYCF ~u~,~
~.a:t:;~ A..JJ~
Signat/Jre of oft' ia! b~fi;jrr>', whom fipavr'
tt4do;. ~"7 AL_ ~~ ~
T/(
Signature 01 a/liam
l
MycommlssionexpirGson --t 0 RIA'S~
N I.~ L oeflL
PATRICIA A SHATTO. Notary PUblic
Carlisle 80ro, CUmbetland County
My ~.mmls:ibn Expires December 17, 2001
m
CIJ
CIJ
LrJ
(') C>
C (;) 0
"0$ ",.. ...,.,
ffim c:: :::;:J
N~ G:') n1~::;n
""--'m
0 ,:oD
;;::-0 """ :2\6
~o :;:!-r
:J;: <f).:d
:i>f.? - ,zp
i ~j () .1
<:::> ~
-.; 0)
-(::
.
c,
""
LrJ
LrJ
Postage $
Certified Fee
U"J
ru
t:I
t:I
Return RecaiptFee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
g Total Postage & Fees $ 'V
~ ~R~~;;'K;;:(PI'~~" Print CIA (to b, comPlete-1
c::r s1ft1 Apt. No.; or PO B~gj - nn"m_n_n__n____n
~ 1;fb~l'ZlP;4l)c;>fJW"'-"'~i2~-~~~t.4--ff~~
I" - 0.-\
'~_~ ,_ ~~~_...~''''!-~~~I~" "'~--,. ~ ,U,.J.4.
" 'I;;,' !
. 4~~~", , ,:-. !"""~~h.tJ~tV'f');"'.B"~,l""f ',''''''
,