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HomeMy WebLinkAbout00-05856 " ~,- RONALD E. BURGER, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW KELLY JOHNSON, Defendant NO. 00-5856 CIVIL TERM AMENDED EMERGENCY ORDER OF COURT AND NOW, this 28th day of August, 2000, upon consideration of the Emergency Petition for Custody filed on August 25, 2000, a hearing is scheduled for Thursday, the 21st day of September, 2000, at 8:30 a.m" in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. The order of court dated August 25, 2000, is vacated, in that the court inadvertently provided for custody in the interim in the order. BY THE COURT, Matthew D. Strohm, Esq. 28 North 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff Kelly Jolmson 214 North Enola Drive Enola, PA 17025 Defendant, Pro Se :rc ..-"",*, ;-~'- ~-"I!Il.l1!ilI~Il't~"ili4.~AA&<;~tobtlW<l~,""",_~":'I>icl.~"ii~1!&'<j,jfi->_~41~Ji_Hn~iIi:\Of'(j;I)Gbirft !illliiMIllll'dl\l!tl ~'" ~~~ " "-~ ~, ~ =. -UlI r..~ ~" ~~~ 0 ,- .,,_1 ~-'I C C:I < ~ t:J [~~. 0.1[", : ':-~ ~S.; r",) -< ~c._ c-' i' r-:~-"--; <-' 2..: >.~--- Z>,.: c , J>c ., -~ Z ~ ~ '):..;. ~ ,- :JJ c:: -< -~i!iijE~~~~ .A . RONALD E, BURGER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Defendant NO. 00-5856 CIVIL AFFIDAVIT OF MAILING I! COMMONWEALTH OF PENNSYLVANIA I'! ss COUNTY OF CUMBERLAND Matthew D. Strohm, the attorney for Plaintiff, being duly sworn according to law, says that he mailed by certified, restricted mail, return receipt requested, a true and correct copy of Plaintiff's Complaint for Custody in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed receipt attached hereto as Exhibit nAn. ~A jJk Matthew D. Srrohm Attorney for Plaintiff 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscr~ed before If)f this ,,29 day of ?J'Tturf- ,2000. m..tU~ J(~ Not~ry public NOTARIAl.. SEAl.. -. WTHAA. BOOTH. Notal}' Public . i camp HiD 110m. Cumbe!lallll County ~COmmissiOn Exp!nls July 12. 2004 ..~ .' 'G; _14.; " .; tJ-Cl1lmpJeh;l nems 1 an'of,~'for additional ~. IX COmplete items 3, 4a, -ar'ld 41i. ... CJ PrintYOUf name and address on the reverse of this form so that we can_'return this ~ card to you. !! CI Attach this form to the front of the-mailpiece, or on the back if space does not G) permit. .c [J Write "Return Receipt Requested" on the mallpiece below the article number. ~ 0 The Retum Receipt win show to whom the article was delivered and the date o delivered. "C 3. Article Addressed to: * 'Ii E o " Ul Ul '_"j~!Ho'e~~_.... iA!Jsw<ll;s (fllrlln eXbilfee): 1. 0 Addressee's Address 2.XJ Restricted Delivery Drive 48. Article Number .., k:;1."Z.Oooo~ ~1Sl. ::;"1...., 4b. Service Type o Registered o Express Mail o Return Receipt for Merchandise 7. Date of Delive XI Certified o Insured DCOD ~ ddressee's Address (Drily jf requested and fee is paid) PSF~: <.~L~-~-.j-" .~l"".-'~_ EXHIBIT "A" II _.....~ lb.....~ oj J lS. a; " .. II: c ~ " l ll' ~-' 1ii ~:;. = 2 " o >< '" ' ci .. .c .... , ~ ; , ! I ,_ '.~" ....~~1l~~;;li1""'f.iiiim%;*:W~~"';;;g.w_,_~O;'::.~~:l:l ~O"' Ulir~'~ ';'~,'Wl;i.tll:liltjf)- I .,~- = ~- . """",. '7-," . ~ h,,< '~. ~,-~ ~ ,,- ,-~,-' c..iiJj- """"......1iQml ,1',""""- 0 CO C) C C --n 5: ~ -orn 'T\ rnc,'1 G") ---- z'n w Cc Z l--' -..:...; (j'J ,~ .:.- :' "< ~ () r;::;u -----:; 'T. t~~ -n ::r>~. (') 2:0 CD (~~!T: :PC -., Z 0) 55 ~ ([1 -< ,-' . "~_ J ",". --~'- . ... to I' " i: I', I I, I" I; I ,,~ - , .....~'-.'~I'~W;iH RONALD E. BURGER, SR. PLAINTIFF V. KELLY JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5856 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 30TH 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 2ND day of OCTOBER ,2000, at 11:00 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. FOR THE COURT, By: /s/ Melissa p, Greevy. Esq,~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Anlericans 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. IFYOUDONOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , ,<,""~i ""' 1iiiIii,i 111 ".ill , ""'lJiQ~~"M'leJb<h"'",l~~if.W.~;.~,~illIIiiiIii" o ~""~ <,,," ~... f I I t,,, 1,' , I r.' ~.:: I L f: [, fe' :.:i ,i i ''I :J \:i j; I'i ~1:. ! !j Ii II II ~ ! i " I ~ I II " I j I I I I i I I ~,~ ~~ 1!:Z ~ ~~ ~~~ ~ ~~-rJ , Vli\P"//!7{<""\ i\l!VnnrjCf' ~I.~ ::,;,N;\I3d ".' ~,:.";::rl{ ,_'...., .";:,j!Vno "" ~. :!iJ:nr.c'il f ,.. . "~; k~ (;; -fl" I')/". ""-'V ut) .. .',,,", "'\....i (Jc/. ;"1; (,JClI/l C)(],/..~ .'lll ~ ~- RONALD E. BURGER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Defendant NO, ()()- 535G ~ EMERGENCY ORDER OF COURT AND NOW, L~J","l'.t o{.:{ 2000, upon consideration of the attached complain , a hearing for custody is scheduled for , the day of , 2000, at o'clock ___.m" in (Court Room Number of the .Cumberland County Court House.) FOR THE COURT, By: J. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ;1 il -'~ RONALD E. BURGER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Defendant NO. EMERGENCY ORDER OF COURT AND NOW, 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2000, at ___.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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 by made at least 72 hours prior to any hearing or business before the court, You must attend scheduled conference or hearing. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 II ~'~ ...,,, ~ ,~ " RONALD E. BURGER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Defendant NO. NOT ICE TaD E FEN D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 Matthew D. Strohm Attorney for Plaintiff - RONALD E. BURGER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. KELLY JOHNSON, Defendant CIVIL ACTION - CUSTODY NO. (rl).SFcSt- ~ TLlA-- EMERGENCY COMPLAINT FOR CUSTODY 1. Plaintiff is Ronald Brentwood Drive, Middletown, E. Burger, Jr., Dauphin County, residing at Pennsylvania. 2075 2. Defendant is Kelly Johnson, residing at 214 North Enola Drive, Enola, Cumberland County, Pennsylvania. :3. Plaintiff seeks custody of the following child: :Name Seth Burger Present Residence 214 North Enola Drive Enola, PA 17025 Age 5 yrs 4. The child was born out of wedlock. 5. The child is presently in the custody of Mother, Kelly Johnson, who resides at 214 North Enola Drive, Enola, Cumberland County, Pennsylvania. 6. During the past following persons at five years, the child has the following addresses: resided with the Persons Kelly Johnson Seth Burger ; ,Ryan Leonard 'Lindsey Leonard Robert Ensminger Addresses 214 North Eno1a Drive Enola, PA 17025 Date August 1, 1999 to present II Kelly Johnson Seth Burger Ryan Leonard Lindsey Leonard 214 North Enola Drive Enola, PA 17025 December I, 1994 August I, 1999 Ronald Burger Seth Burger Wanda Smith 1720 Beckley Drive New Cumberland, PA October 1, 1994 December I, 1994 Ronald Burger Seth Burger Kelly Johnson Ryan Leonard Lindsey Leonard W. Cumberland Road Enola, PA 17025 September 22, 1994 October 1, 1994 7. The mother of the child is Kelly Johnson, who currently resides at 214 North Enola Drive, Enola, Cumberland County, Pennsylvania. 8. She is not married. 9. The father of the child is Ronald E. Burger, Jr., who currently resides at 2075 Brentwood Drive, Middletown, Dauphin County, pennsylvania. I 'I '10. He is married to Tina Burger. 11. The relationship of Plaintiff to the child is that of Father. . 'The Plaintiff currently resides with Tina Burger, Eric Rosche '(Tina's son, seven (7) years old), and Heather Rosche (Tina's daughter, twelve (12) years old). 12. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with Robert Ensminger (Kelly Johnson's boyfriend), Ryan Leonard (Kelly's son, fifteen (15) ,years old), and Lindsey Leonard (Kelly's daughter, eleven (11) years old) . ~ 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 14. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 15. 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. 16. Seth found drugs in the Enola residence which belonged to Defendant's boyfriend, Robert Ensminger. 17. Robert Ensminger has attempted to teach Ryan, Defendant's son to steal. 118. Defendant is not placing Seth in a seat belt when he travels ,with her in her vehicle. 19. Robert Ensminger has kept a loaded handgun in Ryan's top dresser drawer, and Ryan has taken this gun out of the drawer on numerous occasions. 20. On one occasion visiting the residence, floor, and Seth tried to when Robert Ensminger's children were they lit a roll of toilet paper on the put the fire out with cologne. 21. Ryan has stolen money from Kelly, stole Kelly's car at one point, driving it though he is unlicensed. 22. On July 22, 2000, Krysty Bloser, the children's babysitter's grand-daughter, who is approximately fifteen (15) years old, sexually assaulted Seth, and criminal charges have been pressed against her by both Plaintiff and Defendant. II ~ sexually assaulted Seth, and criminal charges have been pressed against her by both Plaintiff and Defendant. 23. Defendant told Tina Burger, Plaintiff's wife, that the July sexual assault was the third time it had happened. 24. On July 22, 2000, upon finding out about the sexual assault, Plaintiff took custody of Seth with Defendant's permission. 25. Seth lived with Plaintiff from July 22, 2000 until August 11, 2000, when Plaintiff gave Seth to Defendant for the weekend, with the understanding he would be returned to Plaintiff on Sunday, August 13, 2000. 26. Defendant did not return Seth, and has stated she is not giving him back. 27. Defendant has made the statements, "Before she would give custody of Seth to Father, she would put her and Seth in a car and drive off a cliff", and "If Ron tried to take custody, she would put Seth and Lindsay in a car and leave." 28. The best interest and permanent welfare of the child will be served by granting the relief requested because he will no longer be exposed to sexual assaults, drugs, guns, and step-siblings who ,engage in illegal conduct and are poor role models, as are the adults in the household. Plaintiff can provide a more stable and safe environment within which the child will grow and flourish, 29. 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. .. .~>li WHEREFORE, Plaintiff requests the Court to grant custody of the child to Plaintiff. Respectfully Submitted: DISSINGER & DISSINGER By: /ffttlial )J~;;7;: Matthew D. Strohm Attorney for Plaintiff Supreme Court I.D. #76724 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Ronald E. Burger, Jr., verify that the statements made in the Complaint for Custody 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. ii .~""" , , , , RONALD E. BURGER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Defendant NO. CERTIFICATE OF SERVICE I, Matthew D. Strohm, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon Kelly Johnson, Defendant, by First Class United States mail addressed as follows: 214 Kelly Johnson North Enola Drive Enola, PA }111 ....11../) )J j' II ./ //1 /fU1j/lA.; . ,;//::;4;1 Matthew D. Strohm, Esquire Date: ! t1!lts/oo , &1 ;'l1il~~lIll!;lP"'" , '~ . . .. RONALD E. BURGER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Respondent NO. 00-5856 CIVIL EMERGENCY ORDER OF COURT AND NOW, A.\> 0-"'1 2...5 2000, upon consideration of the attached Emergency Petition for Custody, physical custody of Seth Burger is immediately granted to Petitioner/Father pending a hearing on the Emergency Petition for Custody scheduled for ;/.t~d ~, the dl/~ day of -~t;""~ , 2000, at f??O 0' clock ..J<L.m., in (Court Room Number I of the Cumberland County Court House.) By: L J. r;, }..J!."- on ).&; [~ ,J o/-Uu .p~~Lt0~ WCJ ~tvn. ~illiI'li!!11!'J;"llillilp_'''',_O:<~'';R.;;<t0W""q&2;;];~J!ei0iL,@~.'M;-",;;;&;J~~.i{l~''Ji-.WY'"id;ij".,-iUi~"";!!g.~,l\jl'J>"",,t~':i: _....Ll.-:-."'''.,;,;' ,-, ,.;' ",. ~iff .1JLijLiU!llillK Ii.:s.!l.: 1 " \llIWi\lASNN3d I I ^ rn,r-/) cT",",.r]'I:CCJ!..W''i "-,,-{\ .~."J '_",. ",\'.. (~ Tv 9'1 :Z ."" -~ --,,'-"'1 pr1 ':~ (., :jtlli l';U P 1''''- AtlV.LU' : .;' 'I' " , - u,' ._'" "'_' 1'" eC ,. ~-.~, ,.". ~- iIII IIi or! ,'ii 1;'1 ',N I" I}! , :~i IY f;.11 !~: lE' Ilieeieelel fr ~I ;! I~i I~I :1 Ifi I~r ,I, i~: m i~i ii! i~1 ift I'! ,I, I" " I~i II t: " , ",p,' RONALD E. BURGER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Respondent NO. 00-5856 CIVIL NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. ! CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 ~". / /T?;? ,tt/' 1. L . // '/ /~/ A.../.../ ,",~?-J Matthew D. Strohm Attorney for Plaintiff .~~ " ,.' ~, "-." '. RONALD E. BURGER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Respondent NO. 00-5856 CIVIL EMERGENCY PETITION FOR CUSTODY 1. Petitioner is Ronald E. Burger Jr., father of the child and Plaintiff in the above-captioned matter. Petitioner resides at 2075 Brentwood Drive, Middletown, Dauphin County, Pennsylvania. 2. Respondent is Kelly Johnson, mother of the child and Defendant in the above-captioned matter. Respondent resides at 214 North Enola Drive, Enola, Cumberland County, Pennsylvania. 3. The child, Seth Burger, is five (5) years of age and presently resides with Respondent/Mother at 214 North Enola Drive, Enola, Cumberland County, Pennsylvania. 4. Respondent/Mother currently resides with Robert Ensminger (Kelly Johnson's boyfriend), Ryan Leonard (Kelly's son, fifteen (15) years old), and Lindsey Leonard (Kelly's daughter, eleven I: (11) years old). 5. Petitioner requests immediate physical custody of the child for the following reasons: a. Seth found drugs which belonged Ensminger. in the Respondent/Mother's residence to Defendant's boyfriend, Robert b. Robert Ensminger has Respondent/Mother's son, attempted to steal. to teach Ryan, II -",-- l~ij c. Respondent/Mother is not placing Seth in a seat belt when he travels with her in her vehicle. d. Robert Ensminger keeps a loaded handgun in Ryan's top dresser drawer, and Ryan has taken this gun out of the drawer on numerous occasions. e. On one occasion when Robert Ensminger's children were visiting the residence, they lit a roll of toilet paper on fire on the floor. Seth tried to put the fire out with cologne. f. On one occasion, Ryan stole Respondent/Mother's car and drove it even though he does not have a license. g. On July 22, 2000, Krysty Bloser, the children's babysi tter' s granddaughter, who is approximately fifteen (15) years old, sexually assaulted Seth, and criminal charges have been pressed against her by both Plaintiff and Defendant. h. Respondent/Mother told Petitioner's wife, Tina Burger, that the July sexual assault was the third time it had happened. i. Despite her knowledge of Respondent/Mother continued perpetrator. the first two assaults, to expose the child to the j. On July 22, 2000, upon finding out about the sexual assault, Petitioner/Father took custody of Seth with Respondent/Mother's permission, k. Seth lived with Petitioner/Father from July 22, 2000 until August II, 2000, when Petitioner/Father gave Seth ,,~ to Respondent/Mother for the weekend, with the understanding the child would be returned to Petitioner/Father on Sunday, August 13, 2000. 1. Respondent/Mother did not return Seth and has stated she will not return the child to Petitioner/Father. m. Defendant has stated that, "Before she would give custody of Seth to Father, she would put her and Seth in a car and drive off a cliff," and "If Ron (Petitioner/Father) tried to take custody, she would put Seth and Lindsay in a car and leave." n. The child's physical and emotional in danger if he is not Respondent/Mother's custody. health will be placed removed from the I"~ o. If the child is not removed from Respondent/Mother's custody, he will continue to be exposed to sexual assaults, drugs, guns, and step-siblings who engage in illegal conduct and are poor role models. WHEREFORE, Plaintiff requests the Court to grant immediate physical custody of the child to Petitioner/Father. Respectfully Submitted: DISSINGER & DISSINGER 'i By:/JJ~vf(;t t<J Matthew D. St oh Attorney for Plaintiff Supreme Court I,D, #76724 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 H -~ VERIFICATION I, Ronald E. Burger, Jr., verify that the statements made in the Emergency Petition for Custody are true and correct. I understand that false statements herein ar~ made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. 'ii i i ; __ 0 :- ~ - _: __ RONALD E. BURGER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Respondent NO. 00-5856 CIVIL EMERGENCY ORDER OF COURT AND NOW, 2000, upon consideration of the attached Emergency Petition for Custody, physical custody of Seth Burger is immediately granted to Petitioner/Father pending a hearing for on the Emergency Petition for Custody scheduled for , the day of 2000, at o'clock ___.m., in (Court Room Number of the Cumberland County Court House.) FOR THE COURT, By: J. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ,7__ RONALD E. BURGER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Respondent NO. 00-5856 CIVIL CERTIFICATE OF SERVICE I, Matthew D. Strohm, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon Kelly Johnson, Defendant, by First Class United States mail addressed as follows: !Date: 9 );,.;-100 Kelly Johnson 214 North Enola Drive Enola, FA ~/(jd lid Matthew D. Stronm, Esquire ~J ,- :c- ,-",' ~ ' ""--"~ _-" .-!it",- RONALD E. BURGER, JR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KELLY JOHNSON, Defendant NO. 00-5856 CIVIL TERM ~ ORDER OF COURT AND NOW, this b day of September, 2000, upon relation of Matthew D. Strohm, Esq., attorney for Plaintiff, that a stipulation has been signed and will be filed with the Prothonotary's Office, the hearing previously scheduled in this matter for September 21, 2000, is cancelled. BY THE COURT, J. y . ~DO l~<\'\~ Matthew D, Strohm, Esq. 28 North 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff Kelly Johnson 214 North Enola Drive Enola, P A 17025 Defendant, Pro Se :rc ,,',,:;;;.~,:> ~.t-' ~~ '=', '~ '~""1Ii;Ui___~~Iii~illlf~~II'Jl1.ff'~:lil"'lIII' . ~~ - ~ , ,~~ ~-,~" - , . '"~L ";-' ~~ ) '\ Vli\\'i\l/'S:''i['J:Jd J.i ,fncJ;::' r~.',-"I..tl~';'::;;0?\:no 9U :~1 '" I, I~. . J ~., co ':~" ,.(Jf:': fin "".Jv'-.):_I "~'O',,."^ ..... - \ I I I ! I I . RONALD E. BURGER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Defendant NO. 00-5856 CIVIL ORDER AND NOW, this rzi14 day of ~t"~..... ~cf , 2000, upon motion of Matthew D. Strohm, Esquire, it is ORDERED that legal and physical custody of Seth Burger is hereby awarded to Plaintiff. 1. Defendant shall have such rights of partial custody with Seth Burger as follows: a. Every weekend from 4:00 p.m. on Friday, when she will pick Seth up from Plaintiff's house. Defendant will return Seth Burger to Plaintiff's house by 7:00 p.m. on Sunday. In the event that Defendant is unable to take custody of Seth for the weekend, she shall give Plaintiff two (2) days advance notice, so he can make arrangements to provide care for Seth. b. Every national holiday, excluding Christmas, parties will alternate custody beginning with Defendant having custody during Labor Day 2000. The times and locations of exchanging Seth during these holiday shall be agreed upon by the parties in advance. c. During the Christmas holiday, Defendant shall have custody of Seth from between 9:00 or 10:00 p.m. on II "d, , Christmas Eve, when Plaintiff will drop Seth off at Defendant's house, until 10:00 a.m. on December 27, 2000, when Defendant will drop Seth off at Plaintiff's house. d. Such other times as the parties may agree upon. 2. Defendant shall provide all transportation in conjunction with her rights of partial custody unless otherwise agreed upon by the parties. 3. Plaintiff and Defendant shall give each other at least twenty-four (24) hours notice, by telephone or otherwise, of any request of change in a prearranged and agreed to schedule of partial custody. 4. During times of partial custody Defendant, herself, shall watch Seth. He shall not be left with a babysitter during his time with Defendant, 5. Each party shall be entitled to two (2) weeks of non- consecutive, uninterrupted vacation each year. J. fl)~~ QC!I,,~ G"i\){,\l ~ D\5511J~r4={)l~i~ rn~ - ncid.<J. OJ' 7 -CX) '~;~;''''Il-_~'I[_jili: jjJ.fUliltlrlW1']1M~~~:i1!t~.t'i~l.H',:;~,: '::'_j"1<i~',",,]!ii,.~'ii@ff~~ ".n ",~" - '.," ",--- J" -' ..-~ ua; -';UIiI!litld!MlI1 _"W _ -~- .~.. LA -oG ~~ ~:~ ~ :ZC CD "': -< ~~ ~~,'~ Z>< 5>c= ~5 -<: --~ -, ,~ ","' : ~ o <::;: ..:;" c:' C) V) --'ej ~::: .,,-' (-:::) <A' il Ii II II II 'I I' ,f 'I I I ,--- ~'- ...,., RONALD E. BURGER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLY JOHNSON, Defendant NO. 00-5856 CIVIL STIPULATION AND AGREEMENT OF THE PARTIES Ronald E. Burger, Jr., Plaintiff and Kelly Johnson, Defendant hereby stipulate and agree that the Court shall enter an Order concerning custody and visitation of Seth Burger as follows: 1. Plaintiff shall have physical and legal custody and control of Seth Burger. 2. Defendant shall have such rights of partial custody as follows: a. Every weekend from 4:00 p.m. on Friday, when she will pick Seth up from Plaintiff's house. Defendant will return Seth Burger to Plaintiff's house by 7:00 p.m. on Sunday. In the event that Defendant is unable to take custody of Seth for the weekend, she shall give Plaintiff two (2) days advance notice, so he can make arrangements to provide care for Seth. " b. Every national holiday, excluding Christmas, parties will alternate custody beginning with Defendant having custody during Labor Day 2000. The times and locations of exchanging Seth during these holiday shall be agreed upon by the parties in advance. c. During the Christmas hOliday, Defendant shall have custody of Seth from between 9:00 or 10:00 p.m. on Christmas Eve, when Plaintiff will drop Seth off at Defendant's house, until 10:00 a.m. on December 27, 2000, when Defendant will drop Seth Burger off at Plaintiff's house. d. Such other times as the parties may agree upon. 3. Defendant shall provide all transportation in conjunction with her rights of partial custody unless otherwise agreed upon by . the parties. 4. Plaintiff and Defendant shall give each other at least itwenty-four (24) hours notice, by telephone or otherwise, of any irequest of change in a prearranged and agreed to schedule of partial custody. 5. The times of partial custody are conditioned upon Defendant, herself, being able to watch Seth during the time he is to be with her. The parties agree he is not to be left with a babysitter during his time with Defendant. ~. . IUJ " ' J.~ '~i".bd."""DIl!i; , lli',.', ....._~ ',. -..l. RONALD E. BURGER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - LAW KELLY JOHNSON, Respondent NO. 00-5856 CIVIL CERTIFICATE OF SERVICE I, Martha A. Booth, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the defendant Kelly Johnson, Defendant, on August 29, 2000, by First Class United States mail addressed as follows: Kelly Johnson 214 North Enola Drive Enola, PA 17025 Date: t)k/J..r~o ':!:l*of-~ , ~ " " - ~ 1r..'. ,',' ...~ RONALD E. BURGER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW KELLY JOHNSON, Defendant NO. 00-5856 CIVIL TERM AMENDED EMERGENCY ORDER OF COURT AND NOW, this 28th day of August, 2000, upon consideration of the Emergency Petition for Custody filed on August 25, 2000, a hearing is scheduled for Thursday, the 21st day of September, 2000, at 8:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. The order of court dated August 25, 2000, is vacated, in that the court inadvertently provided for custody in the interim in the order. BY THE COURT, Matthew D. Strohm, Esq. 28 North 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff ti4 esley Oler, ., Kelly Johnson 214 North Enola Drive Enola, P A 17025 Defendant, Pro Se :rc " iii'~ .' . ,,"~ . C' ~;;L -""~:oi!- ,~= l' ^ ,""0"_-' C) <;; < ~~g:~ ~f~~-) ~~~: <.....--' J>r-. 2":'(......:; ,"c" ' Pc'':: '7 :<! :.. -::.,... I),' it:' f) Ii 1:11 ~ Ii ~i! I" II ~ii! l!: '" 'ii ;~ ,I' i~ '~ " ;1: I !j I, t I ];1 I I II 'I " II I I c-:. -J) -" -'-0 ~~ ~:c,~~~ c::); ,", ---..j > ::0 -< ::::; ell w ~ ~ " ~'". "' ~..r> .152~ RONALD E. BURGER, SR. Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-5856 Civil Action - Law KELLY JOHNSON, Defendant In Custody ORDER OF COURT AND NOW, this 20th day of October, 2000, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by Stipulation of the parties, hereby relinquishes jurisdiction in this case. FOR THE COURT, V&8/f " Custody Conciliator ",,,, ""'-_111 - Co' ",.-. 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