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HomeMy WebLinkAbout03-2630JERRY R. BURKEY, Plaintiff V. RHONDA J. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6,3-,2(?j0 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY Plaintiff is Jerry R. Burkey, an adult individual currently residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Rhonda J. Burkey, an adult individual currently residing at 316 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two (2) children, namely, Brianna Marie Burkey, born May 29, 1997, and Kyla Jean Burkey, born January 19, 1999. The children were born out of wedlock. 4. For the past five (5) years , or since the children's birth, the children have resided with the following persons at the following addresses for the follo wing periods of time: NAME ADDRESS DATES Jerry R. Burkey Denver, Colorado May 1997 to Rhonda J. Burkey 2000 Jerry R. Burkey Littleton, Colorado 2000 to Rhonda J. Burkey August 2002 Jerry R. Burkey New Cumberland, PA August 2002 to Rhonda J. Burkey April 2003 Bob & Vivian Donlevy Rhonda J. Burkey New Cumberland, PA April 2003 to Bob & Vivian Donlevy present The natural mother of the children is Rhonda J. Burkey who resides as aforesaid. She is married. The natural father of the children is Jerry R. Burkey who resides as aforesaid. He is married. 5. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with his sister, Brenda Burkey, and their roommate, Kim Lindsay 6. The relationship of the Defendant to the children is that of natural mother. Defendant currently resides with her parents, Bob and Vivian Donlevy, and with the children at issue. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. 8. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the children to grant the relief requested because: a) Plaintiff has been and continues to be the primary custodian for the children from the time of their birth through present; b) Plaintiff has the ability to provide for the children's financial, physical and emotional needs. C) Defendant works in the evening, often past midnight, approximately four times per week, leaving the children in the care of grandparents or other relatives while Plaintiff is available to care for them. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time he should be granted primary physical custody of the children. Respectfully submitted, Marylo tas, Esquire Attorney fb Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 5 ?a ,ZGb3 /j ?/ JEgR*Y R. B RKEY, P`lain ?? a? N '69. 0 C JERRY R. BURKEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RHONDA J. BURKEY DEFENDANT 03-2630 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 01, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Hubert X. lroy,Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?nr m?stiN??»no -3 AUG 0 5 2003 e JERRY R. BURKEY, Plaintiff v RHONDA J. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.2003-2630 CIVIL : IN CUSTODY COURT ORDER AND NOW, this wkday of August, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Jerry R. Burkey, and the Mother, Rhonda J. Burkey, shall enjoy shared legal custody of Brianna M. Burkey, born May 29, 1997; and Kyla J. Burkey, born January 19, 1999. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends on Friday at 3:30 p.m. until Monday morning when Father shall return the children to school/daycare or Mother as appropriate with the time being no later than 8:30 a.m. B. On the other two weekends, Father shall also have custody from Friday at 3:30 p.m. until Saturday morning at 9:00 a.m. C. Father shall also enjoy custody every Tuesday evening from 3:30 p.m. until 7:00 p.m. D. At such other times as agreed by the parties 4. The Father shall enjoy two weeks of vacation time during the summer months and the Mother shall enjoy the same type of vacation with the minor children. The parties shall notify each other on or before May 151 each year as to when they intend to exercise vacation. For 2003, Father shall have custody of the minor children from August 1, 2003 through August 5, 2003 and the Mother shall have custody from August 5, 2003 until August 10, 2003, these times to be considered vacation for the 2003 summer. 5. The Mother shall always have custody of the minor children on Mother's Day and the Father shall always have custody of the minor children on Father's Day. Absent an agreement between the parties, the timeframe shall be from 9:00 a.m. until 6:00 p.m. This provision shall supercede any provision of this order. 6. The parties shall alternate custody on major holidays, the timeframe shall be from 9:00 a.m. until 6:00 p.m. unless agreed otherwise by the parties. The major holidays shall include New Year's Day, Easter, Memorial Day, July 4", and Labor Day. 7. The Thanksgiving holiday shall be split into two segments, Segment A shall be from Wednesday at 3:30 p.m. until Thursday at 2:00 p.m., with Segment B being from Thursday at 2:00 p.m. until Friday at 5:00 p.m. For 2003, Mother shall enjoy Segment A and Father shall enjoy Segment B with the parties alternating thereafter. 8. The Christmas holiday shall be handled as follows: the holiday shall be divided into two segments with Segment A being from Christmas Eve at 9:00 a.m. until Christmas Day at 1:00 p.m. and Segment B shall be from Christmas Day at 1:00 p.m. until December 26 at 6:00 p.m. For 2003, Mother shall enjoy Segment A and Father shall enjoy Segment B with the parties alternating thereafter. 9. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event the parties agree between themselves to modify this order, the parties may do so. Absent an agreement, this order shall control. Legal counsel for the parties shall conduct a telephone conference call with the conciliator on Friday, October 24, 2003 at 8:30 a.m. The purpose of this conference call shall be to address the status of the custody arrangement between the parties. It is noted that Father reserves the right to request additional custody at that time depending upon Mother's work schedule over the weekends, and especially relating to matters involving when Mother is working and Father is available to take care of the children. It is also anticipated that the custody schedule may be evaluated at that time because of a potential change in working arrangements for the Father. In the event the parties are unable to reach a permanent agree a in October, each party reserves the right to raise any and all issues at a ng before the court. BY J. cc: .Marylou Matas, Esquire )?arbara Sumple-Sullivan, Esquire / o00' >- cr> =- w U I.ZI al L F- LL. ? T, JERRY R. BURKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RHONDA J. BURKEY, NO. 2003 - 2630 CIVIL Defendant IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Brianna M. Burkey, born May 29, 1997; and Kyla J. Burkey, born January 19, 1999. 2. A Conciliation Conference was held on August 1, 2003, with the following individuals in attendance: The Father, Jerry R. Burkey, with his counsel, Marylou Matas, Esquire; and the Mother, Rhonda J. Burkey, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The parties agree to the entry of an order in the form as attached. DATE Hubert X. Gilroy, Esqui Custody Conciliator JERRY R. BURKEY, Plaintiff V. RHONDA J. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2630 CIVIL TERM IN CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Your Petitioner is counsel of record in the above-captioned action for Plaintiff, Jerry R. Burkey. 2. Your Respondent is Jerry R. Burkey, an adult individual currently residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The above-named Defendant, Rhonda J. Burkey, is represented by Barbara Sumple- Sullivan, Esquire. 4. Respondent has been advised that an additional retainer is needed in order for Petitioner to continue to properly represent Respondent's interests in these proceedings. 5. Respondent has advised Petitioner that he is not able to make additional payments or provide the requested retainer. 6. Respondent has requested that Petitioner withdraw as his counsel and has refused to authorize Petitioner to respond to any additional items that may be received concerning his case. 7. Petitioner is unable to take any additional action to proceed on behalf of the Respondent due to his failure to provide the necessary authorization to do so and the required retainer to Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent, Jerry R. Burkey, to Show Cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matter. Respectfully submitted, A Date Mary o' atas, Esquire GRIFFI ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. 11 /' / Y DATE: Z I l L )I Maryl tas, Esquire ?? N C'J -- r W - ?T7 ? --? o? ?' ?j Tl J _., _ r?(l ...: -? ITS rV !Y `1 °i CJ'1 ,.? - . JERRY R. BURKEY, Plaintiff V. RHONDA J. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF E 2004 CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW NO. 03-2630 CIVIL TERM IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, this C90 day of J"2LO_, -2004, upon presentation and consideration of the within Petition, a Rule is hereby issued upon the Respondent, Jerry R. Burkey, to Show Cause, if any he has, as to why Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates should not be permitted to withdraw as counsel in the above- captioned matter. Rule returnable )0 days after service by first-class mail, postage prepaid upon Respondent at his last known address. B e Court, W'CAt 12 ? J. Cc: Marylou Matas, Esquire Petitioner/Attorney for Plaintiff Jerry R. Burkey Respondent Barbara Sumple-Sullivan, Esquire Attorney for Defendant C cya r c e im??C 3. 7 3 -Oy 0 C- tl. • r ? fPir ''?'?i?? v?; {.!v?-0311.1 JERRY R. BURKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RHONDA J. BURKEY, NO. 03-2630 CIVIL TERM Defendant IN CUSTODY ACCEPTANCE OF SERVICE Z, 2004, I received a I, Jerry R. Burkey, acknowledge that on 11'2aecN -? certified and true copy of a Petition to Withdraw as Counsel and the Order of Court dated February 20, 2004. Date: 3 aao G? JERRI R. RKEY N r ro a '" co JERRY R. BURKEY, Plaintiff V. RHONDA J. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2630 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 'I day of March, 2004, comes Bradley L. Griffie, Esquire, and states that a true and attested copy of a Petition to Withdraw as Counsel and related Order of Court dated February 20, 2004, was forwarded to Plaintiff, Jerry R. Burkey, at 3603 Kent Drive, Mechanicsburg, PA 17050, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on March 4, 2004. 'fie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this q-"k_ day of kaA p 1 2004 NOTARY PUBLIC pOtAR1A1 01 P COUNtY ?g BOR ??110 2 0 ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: J tarry t. awl yq ms ?wq K A. Signature x B. Received by (Printed Name) D. Is delivery address different (torn 9 0 Yes if YES, enter delivery address belo r- ce Type Merchandise 2. Article -luuo O(jod 06ZS- A 0? / l1TJ f PS Form 3811, August 2001 Dorrestic Return Receipt toxsaa-ot-Murat ut Err- Posts a ? • Certified Fee 1 \ ? I? lP?ma L-n I1J Return Receipt Fee (Endorsement Required) ?•; (??., re/ / O ResMcted Delivery Fee t R i d E d i .; Q orsemen equ re ) ( n , OO ToWl Poata6e 3 Fees ? $ .A C3 ile Reeiple is Name (PI se Pa featly) (to be completed Y. 1 O I?g? or St t ?J ox o. rtY' V? / I -------- P -------------------- ______...... r m o n o (3 r ``7 Wf 171 f7l JERRY R. BURKEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RHONDA J. BURKEY, NO. 03-2630 CIVIL TERM Defendant IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: Your Petitioner, through associate Marylou Matas, Esquire, filed a Petition to Withdraw as Counsel in the above captioned action which resulted in the entry of an Order of Court and Rule to Show Cause, a copy of said Order and Petition being attached hereto and incorporated herein by reference as Exhibit "A." 2. The aforesaid Rule was served by certified mail, restricted delivery upon Respondent, Jerry R. Burkey, on March 4, 2004. 3. The time period for filing a response has passed and no response has been filed. WHEREFORE, Petitioner requests your Honorable Court to make the Rule absolute allowing Petitioners to withdraw as counsel for Respondent, Jerry R. Burkey, in the above captioned action. ,;e tfully submit d, Griffie, Esquire ' ner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: y "I:x p GRIFFIE, ESQUIRE JERRY R. BURLEY, Plaintiff V. RHONDA J. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2630 IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, this i?) l' day of i"ebilAoJy` , T- CIVIL TERM 2004, upon presentation and consideration of the within Petition, a Rule is hereby issued 'upon the Respondent, Jerry R. Burkey, to Show Cause, if any he has, as to why Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates should not be permitted to withdraw as counsel in the above- captioned matter. Rule returnable LL) days after service by first-class mail, postage prepaid upon Respondent at his last known address. Cc: Marylou Matas, Esquire Petitioner/Attorney for Plaintiff Jerry R. Burkey Respondent Barbara Sumple-Sullivan, Esquire Attorney for Defendant EXHIBIT 11 By the Court, ?- J. i? aWek}?t}i} ..s, Kd d 4 V'fM4 ?.;? ant+? that ?( f rr'y Ih, oI said coj;_ a Ntstb. P, JERRY R. BURKEY, Plaintiff V. RHONDA J. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2630 CIVIL TERM IN CUSTODY rn r, r-? 'T7 rn c.7 PETITION TO WITHDRAW AS COUNSEL N CJi AND NOW, comes Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Your Petitioner is counsel of record in the above-captioned action for Plaintiff, Jerry R. Burkey. 2. Your Respondent is Jerry R. Burkey, an adult individual currently residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The above-named Defendant, Rhonda J. Burkey, is represented by Barbara Sumple- Sullivan, Esquire. 4. Respondent has been advised that an additional retainer is needed in order for Petitioner to continue to properly represent Respondent's interests in these proceedings. 5. Respondent has advised Petitioner that he is not able to make additional payments or n -n m T r -ern `.7 provide the requested retainer. 6. Respondent has requested that Petitioner withdraw as his counsel and has refused to authorize Petitioner to respond to any additional items that may be received concerning his case. 7. Petitioner is unable to take any additional action to proceed on behalf of the Respondent due to his failure to provide the necessary authorization to do so and the required retainer to Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent, Jerry R. Burkey, to Show Cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matter. Respectfully submitted, Date Mary o}l'bggatas, Esquire GRIT] IEBC ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. AI 4 I DATE: L !G^ /64 ', L ,,LT?? Mary atas, Esquire f7 0 ? r o 3 r--' N ?rn ..: cJt JERRY R. BURKEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RHONDA J. BURKEY, NO. 03-2630 CIVIL TERM Defendant IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Your Petitioner, through associate Marylou Matas, Esquire, filed a Petition to Withdraw as Counsel in the above captioned action which resulted in the entry of an Order of Court and Rule to Show Cause, a copy of said Order and Petition being attached hereto and incorporated herein by reference as Exhibit "A." 2. The aforesaid Rule was served by certified mail, restricted delivery upon Respondent, Jerry R. Burkey, on March 4, 2004. 3. The time period for filing a response has passed and no response has been filed. WHEREFORE, Petitioner requests your Honorable Court to make the Rule absolute allowing Petitioners to withdraw as counsel for Respondent, Jerry R. Burkey, in the above captioned action. fiksl e tfully submitted, Griffie, Esquire it' ner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: y ?- 6 GRIFFIE, ESQUIRE JERRY R. BURKEY, Plaintiff V. RHONDA J. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2630 CIVIL TERM IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, this tk day of , 2004, upon presentation and consideration of the within Petition, a Rule is hereby issued upon the Respondent, Jerry R. Burkey, to Show Cause, if any he has, as to why Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates should not be permitted to withdraw as counsel in the above- captioned matter. Rule returnable [L) days after service by first-class mail, postage prepaid upon Respondent at his last known address. Cc: Marylou Matas, Esquire Petitioner/Attorney for Plaintiff Jerry R. Burkey Respondent Barbara Sumple-Sullivan, Esquire Attorney for Defendant EXHIBIT B A By the Court, r , "T RLIE COPY F"' i? ??e?9Qw5 ?. 9e„. ,qF e , i M t,f '?' 1 ?? m? dih;,.4(. Ilt1? ? swj of <jaw r-,)J;f' ..? _7 Aod JERRY R. BURKEY, Plaintiff V. RHONDA J. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2630 CIVIL TERM IN CUSTODY n r- ?-: r rn w J PETITION TO WITHDRAW AS COUNSEL N CS1 AND NOW, comes Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Your Petitioner is counsel of record in the above-captioned action for Plaintiff, Jerry R. Burkey. 2. Your Respondent is Jerry R. Burkey, an adult individual currently residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The above-named Defendant, Rhonda J. Burkey, is represented by Barbara Sumple- Sullivan, Esquire. 4. Respondent has been advised that an additional retainer is needed in order for Petitioner to continue to properly represent Respondent's interests in these proceedings. 5. Respondent has advised Petitioner that he is not able to make additional payments or 0 -n nG O L T T? ID provide the requested retainer. 6. Respondent has requested that Petitioner withdraw as his counsel and has refused to authorize Petitioner to respond to any additional items that may be received concerning his case. 7. Petitioner is unable to take any additional action to proceed on behalf of the Respondent due to his failure to provide the necessary authorization to do so and the required retainer to Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent, Jerry R. Burkey, to Show Cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matter. Date Respectfully submitted, .1 ?11 I 'I Mary oyC atas, Esquire GRIFFIE71 ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. y Z, DATE: L Mary atas, Esquire n N ? r c-, ef 3S'r= lrn .. IV c.n p ? -c 4 JERRY R. BURKEY, Plaintiff APR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 8 2004 V. RHONDA J. BURKEY, Defendant CIVIL ACTION - LAW NO. 03-2630 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this WfAlb- day of 2004, upon presentation and consideration of the within Petition to Make Rule Absolute, and the Rule previously issued upon Respondent, Jerry R. Burkey, it is hereby by ABSOLUTE. Marylou Matas, Esquire and the law firm of Griffie and Associates is permitted to withdraw as counsel for the Respondent, Jerry R. Burkey, in the above captioned action. BY THE f+i 1 a Cc: driffie & Associates, Petitioner Berry R. Burkey, Plaintiff/Respondent ? I ,,Barbara Sumple-Sullivan, Esquire, Attorney for Defendant Zh :£ WJ R 8JV U02 1 rM13??O lu ?0 JERRY R. BURKEY, Plaintiff V. RHONDA J. BURKEY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2630 CIVIL TERM IN CUSTODY PRAECIPE Pursuant to the Court's Order of April 29, 2004, please withdraw the appearance of Marylou Matas, Esquire, and the law firm of Griffie & Associates that was entered in the above captioned matter on behalf of the Defendant, Jerry R. Burkey. Respectfully submitted, Date: ;gl-y Griffie, Esquire FIE & ASSOCIATES 00 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ? ty N o Q "n . ? n? r = f r' A? ? ? ?n Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JERRY R. BURKEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION LAW RHONDA J. BURKEY, NO. 03-2630 Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. Petitioner is Defendant, Rhonda J. Burkey, an individual residing at 644 Copper Circle, Lewisberry, PA 17339. 2. Respondent is Plaintiff, Jerry R. Burkey, an individual residing at 2203 Fenwick Avenue, Mechanicsburg, PA 17055. 3. Petitioner and Respondent are the natural parents of two (2) minor children being Brianna M. Burkey, born May 29, 1997 and Kyla J. Bukey, born January 19, 1999. 4. The parties are subject to a Custody Order dated August 6, 2003. A true and correct copy of same is attached hereto as Exhibit A. 5. The Order dated August 6, 2003 provides that the parties shall enjoy shared legal 1 custody, Petitioner is primary physical custodian and Respondent has temporary physical custody on alternating weekends from Friday at 3:30 p.m. until Monday morning to school/daycare then the other alternating weekends from Friday at 3:30 p.m. until Saturday morning at 9:00 a.m. Respondent was also able to have custody every Tuesday from 3:30 p.m. until 7:00 p.m. and any other times that the parties can agree upon. 6. Respondent had relocated from the Central Pennsylvania geographic area and during the period of August 26, 2008 to December, 2008, he did not exercise his custodial rights. Since his return, he has only exercised his custodial periods on Sunday mornings for church (8:30 a.m. to 1:00 p.m.). 7. On May 12, 2009, Respondent had an emotional breakdown. It is belived that Respondent repeatedly threatened suicide in calls to family and a pastor. Police intervention was necessary to subdue the Respondent. At the time he was subdued, he had a loaded pistol in the vehicle. 8. Respondent had been immediately committed to the mental health facilities at Holy Spirit Hospital. He has since been released as of May 14, 2009. The terms of his actual release, ongoing treatment and medication regimen are unknown. 9. It is believed that Respondent is presently mentally unstable, would not be able to properly care for the children, and may be a risk to the children. 2 10. Petitioner is fearful of the children's safety should Respondent demand enforcement of the August 6, 2003 Order's provisions, which include periods of unsupervised temporary physical custody for Respondent. 11. Petitioner requests this Honorable Court suspend unsupervised visitation overnights for Respondent pending completion of his psychological related therapeutic intervention. 12. Pending further order of court or agreement of the parties, Petitioner requests that Respondent's custodial periods be supervised by a third party or institutional facility mutually agreed upon by Petitioner and Respondent. 13. No concurrence was sought or received from the Respondent given his recent hospitalization. His prior counsel, Marylou Mattas, withdrew from the matter in 2004 and no one else has entered their appearance on his behalf. 14. The Honorable Judge Edgar B. Bayley was previously assigned to this custody action and the Honorable Judge J. Wesley Oler, Jr. entered the parties' Divorce Decree and was assigned to the parties' support action. WHEREFORE, Petitioner requests that pending completion of Respondent's 3 psychological and therapeutic intervention and Respondent's release from his treating physician, periods of partial custody for Respondent pursuant to Order of Court dated August 6, 2003 should be suspended. Respondent's periods of custody shall be supervised by a third party or institution mutually agreed to by the parties. A conciliation can be scheduled upon the Petition of either party once Respondent's situation stabilizes. DATE: May 18, 2009 Barbara Surhifte-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 4 Exhibit A A16,u D 2003 JERRY R. BURKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW RHONDA J. BURKEY, : NO. 2003 - 2630 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this ?h day of August, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Jerry R. Burkey, and the Mother, Rhonda J. Burkey, shall enjoy shared legal custody of Brianna M. Burkey, born May 29, 1997; and Kyla J. Burkey, born January 19, 1999. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends on Friday at 3:30 p.m. until Monday morning when Father shall return the children to school/daycare or Mother as appropriate with the time being no later than 8:30 a.m. B. On the other two weekends, Father shall also have custody from Friday at 3:30 p.m. until Saturday morning at 9:00 a.m. C. Father shall also enjoy custody every Tuesday evening from 3:30 p.m. until 7:00 p.m. 'D. At such other times as agreed by the parties. 4. The Father shall enjoy two weeks of vacation time during the summer months and the Mother shall enjoy the same type of vacation with the minor children. The parties shall notify each other on or before May 1' each year as to when they intend to exercise vacation. For 2003, Father shall have custody of the minor children from August 1, 2003 through August 5, 2003 and the Mother shall have custody from August 5, 2003 until August 10, 2003, these times to be considered vacation for the 2003 summer. 5. The Mother shall always have custody of the minor children on Mother's Day and the Father shall always have custody of the minor children on Father's Day. Absent an agreement between the parties, the timeframe shall be from 9:00 a.m. until 6:00 p.m. This provision shall supercede any provision of this order. 6. The parties shall alternate custody on major holidays, the timeframe shall be from 9:00 a.m. until 6:00 p.m. unless agreed otherwise by the parties. The major holidays shall include New Year's Day, Easter, Memorial Day, July 41h, and Labor Day. 7. The Thanksgiving holiday shall be split into two segments, Segment A shall be from Wednesday at 3:30 p.m. until Thursday at 2:00 p.m., with Segment B being from Thursday at 2:00 p.m. until Friday at 5:00 p.m. For 2003, Mother shall enjoy Segment A and Father shall enjoy Segment B with the parties alternating thereafter. 8. The Christmas holiday shall be handled as follows: the holiday shall be divided into two segments with Segment A being from Christmas Eve at 9:00 a.m. until Christmas Day at 1:00 p.m. and Segment B shall be from Christmas Day at 1:00 p.m. until December 26"' at 6:00 p.m. For 2003, Mother shall enjoy Segment A and Father shall enjoy Segment B with the parties alternating thereafter. 9. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event the parties agree between themselves to modify this order, the parties may do so. Absent an agreement, this order shall control. Legal counsel for the parties shall conduct a telephone conference call with the conciliator on Friday, October 24, 2003 at 8:30 a.m. The purpose of this conference call shall be to address the status of the custody arrangement between the parties. It is noted that Father reserves the right to request additional custody at that time depending upon Mother's work schedule over the weekends, and especially relating to matters involving when Mother is working and Father is available to take care of the children. It is also anticipated that the custody schedule may be evaluated at that time because of a potential change in working arrangements for the Father. In the event th-- parties are unable to reach a permanent agreement in October, each party reserves the right to raise any and all issues at a custody hearing before the court. BY THE COURT, 5 0 cc: Marylou Matas, Esquire Barbara Sumple-Sullivan, Esquire TRUE COPY in te' 'mony wher#oi and seal of sai t Th' ....P......., FROM RECORD I here ;unto, set my hand a. ejrrq ourt itary JERRY R. BURKEY, Plaintiff v RHONDA J. BURKEY, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 2630 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Brianna M. Burkey, born May 29, 1997; and Kyla J. Burkey, born January 19, 1999. 2. A Conciliation Conference was held on August 1, 2003, with the following individuals in attendance: The Father, Jerry R. Burkey, with his counsel, Marylou Matas, Esquire; and the Mother, Rhonda J. Burkey, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The parties agree to the entry of an order in the form as attached. s ?05 DATE Hubert X. Gilroy, Esqui Custody Conciliator ! Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JERRY R. BURKEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION LAW RHONDA J. BURKEY, NO. 03-2630 Defendant IN CUSTODY VERIFICATION I, Rhonda J. Burkey, hereby certify that the facts set forth in the foregoing Petition for Emergency Relief are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: OS'11 S2 az Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JERRY R. BURKEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION LAW RHONDA J. BURKEY, NO. 03-2630 Defendant IN CUSTODY CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Emergency Relief, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Mr. Jerry R. Burkey 2203 Fenwick Avenue Mechanicsburg, PA 17055 DATE: May 18, 2009 v F,--,P- Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner tI ,, 1409?,Y f P 12.28 70-00j:e! -44 ji-ft ? ? a ar ?s? OL?C MAY 18 20A9? Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JERRY R. BURKEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RHONDA J. BURKEY, Defendant CIVIL ACTION LAW NO. 03-2630 IN CUSTODY ORDER AND NOW, this A "" day of n, c?,,, , 2009, upon consideration of Petitioner's Petition for Emergency Relief, it is further ORDERED and DECREED that pending completion of Respondent's psychological and therapeutic intervention and Respondent's release from his treating physician, periods of partial custody for Respondent pursuant to Order of Court Pc.. d ?, S r a---f/ t. ru ,wk.. mroC' . dated August 6, 2003 are suspended. ' eed to by the parties A conciliation canbe sch?nlerl m? once . BY THE COURT: / ? J. re) - 1- ,. rl ? 3 13 A v 1 CL? ct O C?' w`..w v l