HomeMy WebLinkAbout00-08453
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Renee Burnor,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNILACTION-LAW
John Griest, Jr.,
Defendant
NO. 00- g<{S-3
CNIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Renee Burnor, Plaintiff, to proceed in forma pauperis.
I, Andrew C.Spears, Certified Legal Intem in the Family Law Clinic, for the party proceeding
in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing
free legal service to the party. The party's affidavit showing inability to pay the costs oflitigation is
attached hereto.
(}~,((.L
Andrew C. Spears
Certified Legal Intern J
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THOMAS M. PLACE
Supervising Attorney
TERI L. HENNING
Staff Attomey
THE F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
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Renee Bumor,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
John Griest,
Defendant
: NO. 00- f%"'3CIVIL TERM
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: Renee Bumor
Address: Confidential
Social Security No.: 053-66-9995
(b) Employment None
If you are presently employed, state
Employer:
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date oflast employment:
Salary or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
,,,,--;;
Support payments:
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Assistance: $316 per month
Other: Food Stamps $189 per month
(d) Other contributions to household support
(Wife)(Husband) Name: Allan Day (fiance)
If your (wife)(husband) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
( e) Property owned
Cash:
Checking account:
Savings account:
Certificates of deposit:
Real estate (including home): Trailer
Motor vehicle: Ford Taurus 1978 Chevy BlaZer
Cost, Amount Owed $0
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent: Trailer Lot $235 per month
Loans:
Other:
Persons dependent upon you for support
(Wife)(Husband) Name:
Children, if any:
Name: Age:
Joseph Griest 19 months
Other persons:
Name:
Relationship:
4. I understand that I have a continuing obligation to inform the court of improvement in
my financial circumstances which would permit me to pay the costs incurred herein.
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5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. S;4904, relating to
unsworn falsification to authorities.
Date ((-7/-00
fen,,_€- A.~
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RENEE BURNOR
PLAINTIFF
V.
JOHN GRIEST, JR.
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-8453 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 15th day of December, 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsbnrg, PA 17055 on the 3rd day of Jannary, 2001 , at 1:00 p.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: Isl
Dawn S. Sunda 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
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
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Renee Bumor,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
: NO. 00..8l( 53
CIVIL TERM
John Griest, J r.,
Defendant
ORDER OF COURT
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,
, 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
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 FlND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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 be made at least n hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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Renee Burnor,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN CUSTODY
John Griest, Jr.,
Defendant
NO. 00-
CIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff, Renee Burnor, by her attorneys, the Family Law
Clinic, sets forth the following cause of action:
1. The plaintiff is Renee Burnor, residing in Cumberland
County, Pennsylvania.
2. The defendant is John Griest, Jr., residing at 302
Hunters Ridge, Brownsville, Fayette County, Pennsylvania 15417.
3. Plaintiff seeks custody of the following child:
Name
Joseph Griest
Present Residence
Cumberland County
Date of Birth
4/3/99
4. The child was born out of wedlock.
5. The child is presently in the custody of Renee Burnor.
6. During the past five years, the child has resided with
the following persons and at the following addresses:
Persons
John Griest, Jr.
Renee Burnor
Addresses
302 Hunters Ridge
Brownsville, PA 15417
Dates
4/3/99 - S/OO
Renee Burnor,
Fiance
Confidential
S/OO - Present
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7. The relationship of the plaintiff to the child is that of
mother. She is single. She currently resides with her fiance.
8. The relationship of defendant to the child is that of
father. He is divorced/single. He currently resides alone.
9. 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.
10. Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth or
any other state.
11. 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.
12. The best interest and permanent welfare of the child
will be served by granting the relief requested because:
a) Plaintiff has been primary caretaker of the child since
birth;
b) Plaintiff provides the child with a home with adequate
moral, emotional and physical surroundings as required to meet the
child's needs;
c) Plaintiff is willing to accept custody of the child;
d) Plaintiff continues to exercise parental duties and
enjoys the love and affection of the child;
e) Defendant has not indicated to plaintiff an interest in
accepting custody of the child.
13. Each parent whose parental rights to the child have not
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child have been named as parties to this action.
WHEREFORE, plaintiff requests the court to grant to her
primary physical custody
of the child.
Date:
(~~IC.~
ANDREW . SPEARS
Certified Legal Intern
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ROBERT E. RAINS
Supervising Attorney
TERI L. HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
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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. ~4904 relating to unsworn
falsification to authorities.
Date:
eJhU~A"/>~ 11-21-00
Renee Burnor
Plaintiff
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RENEE BURNOR, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. . NO. 00-8453 CIVIL TERM
.
.
.
JOHN GRIEST, JR., . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
ORDER OF COURT
AND NQ;I, this ~ day of ~
upon consideration of the attached Custody nciliatt;m
ordered and directed as follows:
, 2001,
Report, it is
1. The Mother, Renee Burnor and the Father, John Griest, Jr., shall
have shared legal custody of Joseph Griest, born April 3, 1999. 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
his health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child for
one full week each month, with the specific weeks to be selected by
agreement of the parties. Notwithstanding the foregoing, the Father's
first period of weekly custody shall take place from January 21, 2001
through January 27, 2001. During months in which the Father has a holiday
period of custody, the holiday period of custody shall take the place of
the Father's regular monthly period of custody.
4. The parties shall have custody of the Child on holidays as
follows:
A. CHRIS'J.'IIIAS: The Christmas holiday shall run from December 23
through December 29, with the specific times to be arranged
by agreement of the parties. The Father shall have custody
of the Child over the Christmas holiday in odd numbered years
and the Mother shall have custody of the Child over the
Christmas holiday in even numbered years. The party who does
not otherwise have custody of the Child over the Christmas
holiday shall be entitled to have a 4 hour period of custody
on Christmas Day, with the specific times to be arranged by
agreement.
B.
THANKSGIVING:
Sunday before
Thanksgiving.
The Thanksgiving holiday shall run from the
Thanksgiving through the Saturday following
The Father shall have custody of the Child
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over Thanksgiving in even numbered years and the Mother shall
have custody of the Child over Thanksgiving in odd numbered
years.
C. JULY 4TH: The July 4th holiday shall run from July 1st
through July 7. The Father shall have custody of the Child
over the July 4th holiday in odd numbered years and the
Mother shall have custody of the Child over the July 4th
holiday in even numbered years.
D. CHILD'S BIRTHDAY: The period of custody over the Child's
birthday shall run from April 1 through April 7 each year.
The Father shall have custody over the Child's birthday week
in odd numbered years and the Mother shall have custody in
even numbered years.
E. MOTHER'S DAY/FATHER'S DAY: The Mother's Day and Father's Day
holiday shall run from the Saturday before the holiday
through the Saturday following the holiday. The Father shall
have custody over Father's Day in every year and the Mother
shall have custody over Mother's Day in every year.
F. The Father's periods of holiday custody under this pronswn
shall take the place of a regular weekly period of custody
during the same month.
5. The Father shall be responsible to provide transportation and
housing in the Carlisle area during his period of custody in January 2001.
Thereafter, if the Father does not have a car and the Mother has obtained
her driver's license, the Mother shall provide transportation for the
Father's monthly periods of partial custody until the Father obtains a car,
but for no longer than a period of 3 months. At such time as the Father
obtains a car, he shall provide all transportation for a period equal to
the period of time during which the Mother provided transportation.
Thereafter, the parties shall share the responsibility, with the party
receiving custody to be responsible for providing transportation for the
exchange.
6. Unless otherwise agreed between the parties, the Mother's
boyfriend shall not be present during the exchanges of custody at which the
Father is also present. The parties shall ensure that all custody
exchanges take place in a cooperative and civil manner for the benefit of
the Child.
7. Neither party shall use physical discipline with the Child. Both
parties shall ensure that third parties having contact with the Child
comply with this provision.
8. 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 rutual consent. In the absence of rutual consent, the terms
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of this ~der shall control.
BY THE
J.
cc:
Julie Miller and Teri Henning, Esquire - Counsel for Mother
Maryann Murphy, Esquire - Counsel for Father
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RENEE BURNOR, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : NO. 00-8453 CIVIL TERM
.
.
JOHN GRIEST, JR., : CIVIL ACTION - LAW
Defendant : IN CUSTODY
CUSTODY <DlCILIATICN SUMMARY REP(RT
IN ACCOODANCE WITH CUMBERLAND a:xJNTY 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
CURREI!lTLY IN CUSTODY OF
Joseph Griest
April 3, 1999
Mother
2. A Conciliation Conference was held on January 10, 2001, with the
following individuals in attendance: The Mother, Renee Bumor, with her
counsel, Julie Miller and Teri Henning, Esquire, and the Father's counsel,
Maryann Murphy, Esquire. The Father, John Griest, Jr., who resides in
Fayette County, participated in the Conference by telephone.
3. The parties agreed to entry of an Order in the form as attached.
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Date
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Da~&r
CUstody Conciliator
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RENEE BURNOR
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
00-8453 CIVIL ACTION LAW
JOHN GRIEST, JR.
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, Angust 11, 2003
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
at 39 West Main Street, Mechanicsburg, P A 17055 on Tuesday, September 02, 2003
, the conciliator,
at 10:00 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 defme 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. Fai]ure 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 hearin~.
FOR THE COURT.
By: Isl
Dawn S. Sunday. Esq.
Custody Conciliator
&
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of ]990. 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
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania ] 70] 3
Telephone (717) 249-3 ]66
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RENEE BURNOR,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-8453
CIVIL TERM
JOHN GRIEST, JR.
Defendant
CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties
and their respective counsel appear before
the conciliator, at on the _ day of ,2003, 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. 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.
BY THE COURT,
Date:
Custody Conciliator
YOU SHOULD TAKE TIDS PAPER TO YOUR LA WYERAT 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
32 SOUTH BEDFORD STREET
CARLISLE, P A 17013
(717) 249-3166 OR (800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
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, Pease 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.
J.~
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RENEE BURNOR,
Plaintiff! Respondent
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
JOHN GRIEST, JR.,
Defendant! Petitioner
:NO. 00-8453 CIVIL TERM
:CUSTODY
PETITION FOR CONTEMPT AND MODIFICATION
Petitioner, John Griest, Jr., by and through his counsel, Joan Carey ofMidPenn Legal
Services, states the following:
I. Petitioner is the above-named Defendant, hereinafter referred to as the father,
whose mailing address is P.O. Box 254, Merritstown, Fayette County,
Pennsylvania 15463.
2. Respondent is the above-named Plaintiff, hereinafter referred to as the mother,
whose current residence is unknown to the father, but to the best of the father's
knowledge, the mother resides in Cumberland County.
3. The above-named parties are the natural parents of Joseph Griest, born April 3,
1999.
4. A custody order was entered by this Court on January 19,2001, which in
pertinent part, granted the father shared legal custody and a schedule of partial
physical custody of the child for one full week each month. A copy of the order is
attached as Exhibit "A" and is incorporated herein by reference.
5. The mother has willfully disobeyed this Court's custody order in ways including,
but not limited to, the following:
a). Since September 2001, the mother has willfully denied the father his
montWy week of custody.
b). The mother has resisted the father's attempts to continue a loving parent-
child relationship by interfering in the father's efforts to speak with the
child on the phone. The father has spoken with the child only twice since
September 2001.
c). The mother has consistently failed to provide the father with her physical
address so he can pick up his son during his period of custody.
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d). The mother refused to share the Court-ordered transportation
responsibilities during the brief period in which the father was able to see
his son.
e). In spite of the parties having shared legal custody of the child, not only did
the mother fail to communicate injuries sustained by the child to the father
in a timely manner, but she also refused to take the child to get the
appropriate medical treatment for his injuries, which the father felt were
serious.
6. The mother is not acting in the child's best interests for reasons including, but not
limited to the fact that the child had established a bond with his father and the
mother's alienation of the child from his father is adversely affecting the child.
The child's best interests will not be served ifhe is further prevented from
enjoying the normal parent-child relationship he once had with his father.
7. The father has attempted to work with the mother for the sake of the child; he is
the parent who can best facilitate contact with the other parent.
8. The father is presently able to provide for the child's emotional, physical,
medical, and educational needs.
9. During the father's most recent conversation with the child, which occurred in
May of 2003, the child was happy at the prospect of seeing his father, but the
father heard the mother say to the child that he was not going to see his father.
10. The father requests that the Court modity its order of January 19,2001 to grant
him liberal periods of custody including weekends that contain Friday and
Monday school holidays, and custody during the summer. Additionally, the father
requests that if the mother persists in willfully denying him contact with the child,
primary custody be transferred to the father.
II. Without this Court's intervention, the child will be harmed by further denial of
contact with his father. The father fears that the adverse effects of the parental
alienation will result in harm to the child and requests that the court order the
mother to attend counseling regarding co-parenting.
WHEREFORE, Petitioner respectfully requests the following:
a. That the mother be found in contempt of this Court's custody order, be
imprisoned, fined, and ordered to transfer custody of the child to the father.
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b. That the Court modify the Order of January 19,2001, granting him liberal
periods of custody, including weekends that contain Friday and Monday
school holidays, and custody during the summer.
c. That the court schedule a conciliation conference to deal with the issue of
custody.
Petitioner also requests any other relief this court deems just and proper.
Respectfully submitted,
Joan Carey
Attorney for Defen anti Petitioner
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
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VERIFICATION
The above-named DEFENDANT, John Griest, Jr., verifies that the statements
made in the above Petition are true and correct. Defendant understands that false
statements herein are made subject to the penalties of 18 Pa. C.S. g4904, relating to
unsworn falsification to authorities.
Date: 7-;( e- 6:3
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RENEE BURNOR, : IN THE CDURT OF CXlMMON PLEAS OF
Plaintiff : CUMBERLAND a::uNTY, PENNSYLVANIA
:
vs_ : NO. 0O-B453 CIVIL TERM
JOHN GRIEST, JR., : CIVIL ACTIOO - LAW
Defendant : IN CUS'IOOY
ORDER OF o:xJRT
AND!'nI, this J 9!4, day of
upon consideration of the attached Custody
ordered and directed as follows:
, 2001,
Report, it is
1. The Mother, Renee Burnor and the Father, John Griest, Jr., shall
have shared legal custody of Joseph Griest, born April 3, 1999. 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
his health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child for
one full week each month, with the specific weeks to be selected by
agreement of the parties. Notwithstanding the foregoing, the Father's
first period of weekly custody shall take place from January 21, 2001
through January 27, 2001. During months in which the Father has a holiday
perio:l of custody, the holiday perio:l of custody shall take the place of
the Father's regular monthly period of custody.
4. The parties shall have custody of the Child on holidays as
follows:
A. CBR.I.STMAS: The Christmas holiday shall nm from December 23
through December 29, with the specific times to be arranged
by agreement of the parties. The Father shall have custody
of the Child over the Christmas holiday in odd numbered years
and the /'lather shall have custody of the Child over the
Christmas holiday in even numbered years. The party who does
not otherwise have custody of the Child over the Christmas
holiday shall be entitled to have a 4 hour pericd of custody
on Christmas Day, with the specific times to be arranged by
agreement.
B.
THANKSGIVING:
Sunday before
Thanksgiving.
The Thanksgiving holiday shall nm from the
Thanksgiving through the Saturday following
The Father shall have custody of the Child
EXhib-rl: "A"
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over Thanksgiving in even numbered years and the Mother shall
have custody of the Child over Thanksgiving in odd numbered
years.
C. JULY 4TH: The July 4th holiday shall run from July 1st
through July 7. The Father shall have custody of the Child
over the July 4th holiday in odd numbered years and the
Mother shall have custody of the Child over the July 4th
holiday in even numbered years.
D. CHILD'S BIRTHDAY: The period of custody over the Child's
birthday shall run from April 1 through April 7 each year.
The Father shall have custody over the Child's birthday week
in odd numbered years and the Mother shall have custody in
even numbered years.
E. MOTIlER'S DAY/FATHER'S DAY: The Mother's Day and Father's Day
holiday shall run from the Saturday before the holiday
through the Saturday following the holiday. The Father shall
have custody over Father's Day in every year and the Mother
shall have custody over Mother's Day in every year.
F. The Father's periods of holiday custody under this prov1s1on
shall take the place of a regular weekly period of custody
during the same month.
5. The Father shall be responsible to provide transportation and
housing in the Carlisle area during his period of custody in January 2001.
Thereafter, if the Father does not have a car and the Mother has obtained
her driver's license, the Mother shall provide transportation for the
Father's monthly periods of partial custody until the Father obtains a car,
but for no longer than a period of 3 months. At such time as the Father
obtains a car, he shall provide all transportation for a period equal to
the period of time during which the Mother provided transportation.
Thereafter, the parties shall share the responsibility, with the party
receiving custody to be responsible for providing transportation for the
exchange.
6. Unless otherwise agreed between the parties, the Mother's
boyfriend shall not be present during the exchanges of custody at which the
Father is also present. The parties shall ensure that all custody
exchanges take place in a cooperative and civil manner for the benefit of
the Child.
7. Neither party shall use physical discipline with the Child. Both
parties shall ensure that third parties having contact with the Child
comply with this provision.
8. 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
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of this Order shall control.
BY THE COURT,
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CC: Julie Miller and Teri Henning, Esquire - Counsel for Mother
Maryann Murphy, Esquire - Counsel for Father
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RENEE BURNOR,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-8453 CIVIL TERM
JOHN GRIEST, JR.,
Defendant
: IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, John Griest, Jr., Defendant, to proceed in forma pauperis.
I, Joan Carey, attomey for the party proceeding in forma pauperis, certify that I believe
the party is unable to pay the costs and that I am providing free legal services to the party.
JOaD. Carey
Attomey for Plainti
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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Renee Bumor,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNfY PENNSYLVANIA
vs.
No. 00-8453
CML TERM
John Griest, Jr.,
Defendant
IN CUSTODY
AFFIDAVIT OF SERVICE BY MAIL
I, Shaleeta Washington, do hereby swear that I served Renee Bumor with a Petition For
Contempt and Modification on August 1,2003, by certified mail, return receipt, restricted
delivery, to the person and address below:
Renee Bumor
P.O. Box 823
Carlisle. PA 17013
I, Shaleeta Washington, verity that the statements made in this Affidavit of Service 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 unsworn falsification to authorities.
Date: f - J&- - 03
Signature: 4L~f ##-
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1. Article Addressed to:
Renee._l5v!cnDr<
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2. Article Number
(Transfer from service lab
PS Form 3811 , August 2001
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RENEE BURNOR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
vs.
00-8453
CNIL ACTION LAW
JOHN GRlEST, Jr
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this b{"'\ day of ~ ' 2003,
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
upon
1. The prior Order of this Court dated January 19, 2001 is vacated and replaced with this
Order.
2. The Mother, Renee Burnor and the Father, John Griest, Jr. shall have shared legal custody of
Joseph Griest, born April 3, 1999. 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 his health, education and religion. Pursuant to the
terms of this paragraph each parent shall be entitled to all records and infonnation pertaining to the
Child including, but not limited to, school and medical records and information.
3. The Mother shall have primary physical custody of the Child.
4. The Father shall have partial physical custody of the Child on alternating weekends from
Thursday at 6:30 pm through Sunday at 6:30 pm, with the exchanges to take place at the Breezewood
exit (pennsylvania Turnpike) Sheetz. At such time as the Child begins kindergarten and attends school
Monday through Friday, the Father's weekend period of custody shall begin on Friday at 6:30 pm.
5. The Father's periods of custody under this Order shall begin at such time as the Father
obtains transportation enabling him to travel to the Breezewood place of exchange and the Father
provides notice to the Mother through counsel at least one week in advance of his first period of
custody.
6. In the event the Father relocates his residence closer to the area in which the Mother resides
and the Father is able to take the Child to school, the Father's periods of weekend custody shall be
extended to Monday morning before school.
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7. The parties shall share having custody of the Child on holidays as follows:
A. CHRISTMAS: In odd numbered years the Father shall have custody of the Child
from the last day of school before the holiday vacation through December 29th and the
Mother shall have custody of the Child for the remainder of the holiday school break. In
even numbered years, the Father shall have custody ofthe Child from December 26th
through December 29th and the Mother shall have custody of the Child for the
remainder of the Christmas school break.
B. THANKSGIVING: The Thanksgiving holiday shall run from the last day of school
before the Thanksgiving holiday vacation through the day before school resumes after
the holiday. The Father shall have custody of the Child over Thanksgiving in even
numbered years and the Mother shall have custody of the Child in odd numbered years.
C. EASTER: The Easter holiday period of custody shall run from the last day of school
before the Easter holiday break through the day before school resumes after the holiday.
The Father shall have custody over Easter in odd numbered years and the Mother shall
have custody ofthe Child over Easter in even numbered years.
D. JULY 4th: The Father shall have custody ofthe Child over July 4th in even numbered
years and the Mother shall have custody of the Child over July 4th in odd numbered
years. The specific days of the July 4th holiday shall fall within the scheduling of the
summer extended periods of custody under provision number 7 of this Order.
E. MOTHER'S DAY / FATHER'S DAY: The Mother shall have custody of the Child
for the Mother's Day weekend every year and the Father shall have custody ofthe Child
for the Father's Day weekend each year.
F. HALLOWEEN / TRICK OR TREAT NIGHT: In the event the Father is able to
travel to the Mother's residence, the Father shall be entitled to have custody on Trick or
Treat night in odd numbered years. The Mother shall have custody of the Child for
Trick or Treat night in even numbered years.
G. The holiday custody schedule shall supercede and take precedence over the regular
custody schedule.
8. The parties shall share having custody of the Child during the summer school break each
year as follows:
A. Beginning in 2004 and continuing in even numbered years therafter, the Father shall
have custody of the Child from the beginning of the last full week in June for four full
consecutive weeks and during the first full week in August. The Mother shall have
custody of the Child at all times not specified for the Father.
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B. In odd numbered years, the Father shall have custody of the Child for the last full
week in June and for four consecutive weeks during the last three weeks in July and the
first week of August. The Mother shall have custody ofthe Child at all times not
specified for the Father.
C. The Father's periods of custody under this provision shall be scheduled to begin and
end on Sundays, with a full week to be considered to run from Sunday at 6:30 pm
through Sunday at 6:30 pm.
9. All exchanges of custody under this Order shall take place at 6:30 pm at the Breezewood
Sheetz, unless otherwise agreed between the parties. In Order to minimize the waiting time at the place
of the exchange, the party who is relinquishing custody of the Child shall contact the other party upon
departure for the place of the exchange by telephone.
10. The Father shall ensure that the Child has appropriate sleeping accommodations during his
periods of custody.
11. The Mother shall provide to the Father a list of the Child's medical care providers, medical
insurance coverage information and school telephone numbers.
12. Neither party shall use physical discipline with the Child. Both parties shall ensure that
third parties having contact with the Child comply with this provision.
13. This Order is entered pursuant to an agreement ofthe 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.
Edgar B. Bayley
J.
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cc: Carolyn Fenton, and Ann MacDonald-Fox, Esquire - Counsel for Mother
Joan Carey, Esquire - Counsel for Father
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RENEE BURNOR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-8453
CIVIL ACTION LAW
JOHN GRIEST, Jr
Defendant
IN CUSTODY
Prior Judge: Edgar B. Bayley
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 conceming the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Joseph Griest
April 3, 1999
Mother
2. A Conciliation Conference was held on September 25, 2003, with the following individuals
in attendance: The Mother, Renee Bumor, with her counsel, Carolyn M. Fenton, and Ann
MacDonald-Fox, Esquire, and the Father's counsel, Joan Carey, Esquire. The Father, John Griest, Jr.,
who lives in Fayette County, participated in the conference by telephone.
3. The parties agreed to entry of an Order in the form as attached with the exception of specific
arrangement of the Father's summer custody weeks, which is a recommendation of the conciliator.
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Date I
DaQ~~
Custody Conciliator