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Home My WebLink About00-08628 " ,,1' , , >1<, J :rl~,i', . CHAD H. NEVIUS PLAINTIFF V. BILLIE 10 R. BURGENSTOCK DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 00-8628 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 19th day of December, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 26th day of January, 2001 , at 9:30 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 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 Hubert X. Gilroy. Esq. tP Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 " I;).~ -co /;). ~ .Ct:' J:l-dO -Cp! ,-.,,,,,",,,,,, ,"'~~-~- ~" ~, --~'~'-, '.<" ,-~ ~" h ,- ,,'~ ,~" ~~-'".~T~ < ,~ ~'" " ." '1' , r'\{ r,' L"-". " _~ ", ,,"-t,,;\f\\ ...t"' 2\1 f"'\ r:'. ~ Jl,.,. L),~\.-l ~ ,,,,'.\ t"}.?? rn (.' ~_..- '1""Ur[\V ..,y "i'{j t.J' ,'i 1 C\JM~[NNS;il)JN~iP\ (}d t'~ ~ -J>4~ 7f~ ~~ d ~H. ~~~'ft.~:/~. ~',_ ",,,~~~Wiffilll!ll,.,..,.",,~,~~, ""."~1]"',~'1.'l<)W'-J'%H'"F!1~,';.rr;;-r~'~"-"~''''''''c'':f'Vn''''l~~l!l'1~~~~iR!H~~~<m1\1-J#!!lI"",,.,. .",_,__.,_"J~ ,.",-- ~'H _ ~.,_.c_ - ., J " ' -'-.-, ~ ,--, --"''''IT"''- - " - -,;---~,- -; < - , "";'-,';"~' '. ,~__:_ _,_, ,_ l"cl , - r-~ CBAD H. NEVIUS, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- SI.-.2 f CIVIL TERM HILLlE 10 R. BURGENSTOCK, Defendant : CIVIL ACTION--LA W : CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon ,;'msideration of the attached complaint, it is hereby directed that the parties and their r~~pective counsel appear before , the conciliator, at on the day of , 2001, p.l .m., for a Pre-Hearing Custody Conference. At such conference, an effort "I'm be made to resolve the issues in dispute; or if this cannot be accomplished, to define a..ld narrow the issues to be heard by the court, and to entednto a temporary order. All lLid,:en age five or older may also be present at the conference. Failure to appear at the : .., 'f~tence may provide grounds for entry of a temporary or permanent order. BY THE COURT: By: Custody Conciliator ';J1e Court of Common Pleas of Cumberland County is required by law to comply with 'he Americans with Disabilities Act of 1990. For information about accessible facilities ihe. reasonable accommodations available to disabled individuals having business before tfJ.,' court, please contact our office. All arrangements must be made at least 72 hours priCJr to any hearing or business before the court. You must attend the scheduled ';Jllterence or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU ,;/) NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE "HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL l~LP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 '.,'-J c .. L, '~ -:,"..__t> .,-" ,,,.,,.,,.:;;,,,_;_ . '" ',J ':_'1 " ;J v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA : No. 00- F (, J..f CIVIL TERM " 'p' , , , r , CHAD H. NEVIUS Plaintiff BILLlE 10 R. BURGENSTOCK Defendant CIVIL ACTION -- LAW CUSTODY Sadiira M. Nevius 221 Avon Dr., Carlisle, Cumberland County, PA 18 mos. (6/7/99) ;, 1 'I il " " i~ ~j I. i] !l n " n I'j '-j f1 ,-i '1' " I ;:J :1 :1 , j ,1 :j l COMPLAINT IN CUSTODY 1. The Plaintiff is CHAD H. NEVIUS, residing at 430 South Hanover Street, Apartment '., (',rlisle, Cumberland County, Pennsylvania. 2. The Defendant is BILLIE 10 R. BURGENSTOCK, residing at 221 Avon Drive, Cari,jsle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE The child was born out of wedlock. The child is presently in the custody of Defendant. During the past five years, the child has resided with the following persons and at the f:,!(Owing addresses: Plaintiff, Defendant, Dorothy Burgenstock & Ronald Burgenstock Fern Avenue, Fayetteville, P A DATE 6/7/99-8/1/99 PERSONS ADDRESS Plaintiff & Defendant 430 S. Hanover St., Apt. 2 Carlisle, P A 8/1/99-12/10/00 Plaintiff & other unknown individuals 221 Avon Dr. Carlisle, P A 12/1 O/OO-present The mother of the child is Defendant. '> ;- ~ ~ ' - " ~ i,;' - "_;.'0_',.-'1_ ,-.. She is single. The father of the child is Plaintiff. He is single. 4. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP None 5. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Unknown individuals None fi. Plaintiff has not participated as a party or witness, or in any other capacity, in other '/:"e:,Ii4:ion concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a cqurt of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical :ustody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relid requested for the fOllowing reasons: a. Defendant separated the child from Plaintiff without any waming and moved to an undisclosed location; b. Plaintiff has been a significant part of the child's life since birth; c. Defendant lives with individuals not known to Defendant and Plaintiff's family and therefore the safety of the child cannot be determined; and ~--, . .,. I' ( :" . ( I:; 11 U ~ j~1 n i r r; I,; I !;i I; I , ".1 C-;',_' [,""c_. C_. -",,' -~o;---,.,- ,-J"'~--_," - _' .~,.". - """-,,!,;;,,,_ 'Ll d. The best interests of the child would be served by maintaining maximum contact with Plaintiff. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child. Respectfully submitted, n ! /-'~ (~~. / . JamesJ(';:-f;;es, Esquire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013-3019 (717) 240-0296 I i i 1 I I I" l, " \'1 Li U 'il 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. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. cd:!I (~;<<J C . NEVIUS ,; ,"t, I ~.;".,,~ -'. "~Iit ~ L .0" rp ~ ~ <:s oJ '::; C', ,"" (.j _ .'d' ~_'" .'<=" ~iII' "'~'m'':.'~ ,~.~",;.::' ~="<'.'" -, ,.".. . "~...' - <~....,.. .<" ;I!id~'" ";~.' ,"h'" .,....,..,5"1'0<)-",;:" c- ._-., . <~. I _lII"''''~"''"L'-' ~,. .. ,. .~, - ,,, ;:.;:- , '."'''T-~' "'"'=.." ..~ "'''",~'''"~,,..'',,'' ,,"""'"'' (') C <"" ;:g ED ;ir:--) thS! -<~", ..j:' ;;:::c' ?c: v ;;: C; :z ~ =< w .::- C.? C) CJ nl " o " '--i "i ,-'..-:!J ~}JTl ~~6 1:.1"j c:> :n :2:0 Orn ?i5 -< ~ ~ j -!: '" -P. o d f t , r r; -~ -" '-,'",_c ,,',_,_i',,; -~_.___'.ci_, CHAD H. NEVIUS, Plaintiff vs. BILLIE JO BURGENSTOCK, Defendant 1-, ".m'4'-"_;"';'~'_""" .'," '.___, ~-,._~ -,} .;A' ';.- ~ '._',__,,_, .'c""'."'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8628 CIVIL ACTION LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, BILLIE JO , BURGENSMITH, in the above captioned case. SAIDIS SHUffi.!!OWER &LmuSAY A11OJINm'!Ml'.JAW :l6 w.lIlgh Street Calilsle, PA SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant By: ~, '~ l;;j n 1-1 [; ~j ~j I" rJ ~j rli !I 11 ~ II \1 fJ il ',I l~ 'i r :1 ~ 1'1 " 11 ~-1 rj " fJ ~ i~ ~j It.! M H M tJ ~ :1 j1 !~ [J ~ II rj ,1 ~! d I') II 'I " ,I II ~ ; i! i1 I I ~ , I I I I' I 1 I I I I ! I I , , ~ "' _' .,,'0 , , .~ ^ ,'"' , FEB 1 3 200~ CHAD H. NEVIUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BILLIE 10 R. BURGENSTOCK, Defendant NO. 2000 - 8628 CIVIL IN CUSTODY COURT ORDER AND NOW, this I <r day of February 8, 2001, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Chad H. Nevius, and the Mother, Billie Jo R. Burgenstock, shall enjoy shared legal and shared physical custody ofSadiira M. Nevius, born June 7,1999. 2. Physical custody shall be handled with the parties sharing physical custody on a 50/50 basis with an exchange of custody taking place on Sunday of each week at 5 :00 p.m. unless another time is agreed to by the parties. 3. During a parent's off week, that parent shall have custody of the minor child on at least two evenings per week from after work until 7:00 p.m. These evenings shall be arranged between the parties. 4. Exchange of custody with respect to transportation shall also be arranged between the parties. 5. Each parent shall enjoy two weeks of summer vacation with the minor child during which the mid-week custody of the other parent shall be eliminated. Each parent shall give at least thirty (30) days notice as to when they intend to exercise that type of vacation time. 6. In the event either parent has custody of the minor child and is unavailable to take care of the child for an extended period of time because of work or other commitments, that parent should contact the non-custodial parent and give the non- custodial parent the first opportunity to provide daycare for the child. 7. The parties shall share holidays pursuant to an agreement reached between the parties. . ,,==-. . l ~. ."~ ,.. , ,"..' .' - ...,. ,. ~." . ' ... ~., ' .' _.; I . 8. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modity this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator. cc: Carol J. Lindsay, Esquire James K. Jones, Esquire BY THE COURT, tA J. J. Y r ,('{ \ \"~l'\~ OF ':-':~:' 01 Fr.fi t.. ~, j:.h 13: In I''"''' ~ J r-': 1~\.1;.(r-); ,-", _ ,'_,- - , .,. V,..d~.'" j" -. '-','J I . 'i J IJ'V ;:;..: ,;,.,J'_, v\~"-..I 1/ t~tNI\jS YU/I'\Ni!\ I 1 I 1.- . --".' _~llI!'l!l1i'~!!i1Wi:Kil~'I!ffi\~, -., .--- --~, -.~ " ~",,~!'r~~ - . "~ - ~- -t . "."_"' "."~- " -", ,~."),,, ~ ~-" ",2-__,__. ,_ ~ ,"" _ , - ':,-,,:'c_ . ~ ~ -~-i CHAD H. NEVillS, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW BILLIE 10 R. BUROENSTOCK, Defendant NO. 2000 - 8628 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19l5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: SadiiraM. Nevius, born June 7,1999. 2. A Conciliation Conference was held on February 8, 2001, with the following individuals in attendance: The Father, Chad H. Nevius, with his counsel, James K. Jones, Esquire; and the Mother, Billie Jo R. Burgenstock, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agree to the entry of an order in the form as attached. -%1 DI u( D TE Hubert X. Oil y, Esquire Custody Co iliator