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BRIAN BORDNER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 99-3666 Civil Term
TONYA MILLER, CIVIL ACTION-LAW
Defendant
PRE-HEARING MEMORANDUM
j The Plaintiff, Brian Bordner, through his attorney,
Judith A. Calkin, Esquire files this Pre-Hearing Memorandum in
support of his claim for primary custody should defendant relocate
with the minor child as follows:
FACTUAL WITNESS LIST
At the time of the hearing, Attorney for Plaintiff
intends to call the following individuals:
1. Plaintiff, Brian Bordner, as to the best interest of
the parties' minor child, Hailey L. Bordner, age 6; as to the
history of the shared care-taking of the minor child; as to the
history of the child being raised in Cumberland County; as to his
extended family's involvement with the child; and as to the
inability to arrange a satisfactory custody schedule should the
mother relocate to Pittsburgh.
2. Members of the plaintiff's extended family who reside
in this area as to their involvement and support of the minor
child.
SUMMARY OF POSITION
Father dpes not believe it is in the child's best
interest to relocate to Pittsburgh. He has shared equally in the
child rearing. The child has lived here since she was one. His
extended family lives here and is very close to the child. The
mother is leaving a good job here, and has no specific plans as to
employment in Pittsburgh. She proposes to move in with her sister
in Pittsburgh. Because it is a four hour drive between here and
Pittsburgh and the child is beginning first grade it is impossible
to arrange a schedule of shared physical custody should she move.
Although the mother says she'll share in the transportation on
alternating weekends schedule, this provides inadequate time for
the father and puts the six year old in a car for eight hours to
and from Pittsburgh.
Respectfully submitted:
X
Wtorney for-Defendant
2201 North Second Street
Harrisburg, PA 17110
(717) 238-2312
BRIAN BORDNER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 99-3666 Civil Term
TONYA MILLER, CIVIL ACTION-LAW
Defendant
CERTIFICATE OF SERVICE
I, Judith A. Calkin, Esquire, do hereby certify that a
true and correct copy of the foregoing Pre-Hearing Memorandum was
served upon Defendant by first class mail and fax on the below date
by placing same in the United States Mail at Harrisburg,
Pennsylvania, and addressed as follows:
Matthew J. Eshelman, Esquire
Law Office of Patrick Lauer, Jr.,
2106 Market Street, Aztec Building
Camp Hill, PA 17011-4706
Date:
ell f 9 9
, Esquire
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BRIAN BORDNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. 99 - 3666 - CIVIL TERM
TONYA MILLER, CIVIL ACTION - AT LAW - CUSTODY
Defendant PREVIOUSLY ASSIGNED: J. BAYLEY
The Defendant, Tonya Miller, through her attorney, Matthew J.
Eshelman, Esquire, files this Pre-Hearing Memorandum in support of
her claim for primary custody and permission to relocate the
subject child within the Commonwealth as follows:
FACTUAL WITNESS LIST
At the time of the hearing, attorney for the Plaintiff intends
to call the following individuals:
1. Defendant Tonya Miller, as to the best interests and
welfare of the parties' minor child, Bailey L. Bordner, age 6; as
to the history of the parties' relationships with thei child, where
Mother has served as the primary care-giver for the child; as to
her desire to relocate to the Pittsburgh area with the parties'
minor child, and the reasons therefor; and as to her willingness
and ability to provide meaningful contact between Father and child.
2. Plaintiff Brian Bordner (as of cross) as to Father's
integrity of his opposition to the relocation.
3. The Defendant reserves the right to call the minor child,
Bailey L. Bordner, as to her age, intelligence, maturity, desires
with respect to custody, partial custody, and visitation, and the
reasons therefor, past and present. The Defendant does not expect
to call the child at this time; however, if she is called,
testimony would be requested in Chambers.
EXPERT WITNESS
The Defendant does not intend to call an expert witness at
trial as scheduled.
SUMMARY OF POSITION
Mother wishes to continue as the primary care-giver for her
daughter, and it is in Bailey's best interest for her to do so.
Mother can make a better, more stable, more structured life for
herself and for her daughter in her hometown of Pittsburgh. There
is greater opportunity, stability and support for Mother and child,
allowing Mother to return to school.
Father, himself, has discussed moving to the Pittsburgh area
upon completion of his apprentice program in the Harrisburg area in
approximately two years. He has also suggested working on a
"traveler's card," working on a project-to-project basis around the
United States. Mother is willing to share in the responsibilities
of transportation, and proposes alternating weekend visitation,
alternating holidays, and substantial time with Father during
school and summer vacations.
IIV
Matthew J. Eshelman, Esquire
Law Offic s of Patrick F. Lauer, Jr.
G y 2108 Market Street, Aztec Building
Camp Pennsylvania
763-180006
Date: ID#
BRIAN BORDNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. 99 - 3666 - CIVIL TERM
TONYA MILLER, CIVIL ACTION - AT LAW - CUSTODY
Defendant PREVIOUSLY ASSIGNED: J. BAYLEY
CERTIFICATE OF SERVICE
I, Matthew J. Eshelman, Esquire, do hereby certify that a true
and correct copy of the foregoing PRE-HEARING MEMORANDUM was served
upon Defendant by first class mail on the below date by placing
same in the United States Mail at Camp Hill, Pennsylvania, and
addressed as follows:
Judith A. Calkin, Esquire
2201 N. Second Street
Harrisburg, PA 17110
(Attorney for Plaintiff)
Resp tf lly submitted,
Matthew J Eshelman, Esquire
Law Offic s of Patrick F. Lauer, Jr.
! 2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
Date: ID# 72655 Tel. (717) 763-1800
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+ Vn w b6r" A : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
:PENNSYLVANIA
V.
CIVIL ACTION LAW
Toil rnl l ItX Defendant : NOJ&1?l CIVIL 199
CUSTODY VISITATION
ORDER OF COURT
And now, this .1Ufle ?qupon consideration of the attached
that the above parties and their respective counsel appear befo
Esquire, the conciliator, at "0 d - P.M.,
Pennsylvania, on the day of , 1999, at I t l Ivl?
for a Pre-hearing Custody Conference. A such conference, an effort will be made to resolve the
issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard
by the court, and to enter into a temporary order. All children age five or older may be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By: M r n nd 1. (-4 /l?
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 FIND OUT WHERE YOU CAN GET LEGAL HELP.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
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BRIAN BORDNER,
Plaintiff
v.
TONYA MILLER,
Defendant
ORDER
on
: THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No . Z( - 3t. L Ot-14?z
CIVIL ACTION - LAW
IN CUSTODY
You, TONYA MILLER, are ORDERED to appear in person at _
Pennsylvania
1999, at o'clock a.m./p.m. for a custody
liation Conference.
If you fail to appear as provided by this Order, an Order
for custody may be entered against you or the Court may issue a
warrant for your arrest.
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
Dated:
Custody Conference Officer
IM
BRIAN BORDNER, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. ?j'q. 3L? C (ucX T<?
TONYA MILLER, CIVIL ACTION-LAW
Defendant IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW comes BRIAN BORDNER, by and through his attorney,
Judith A. Calkin, Esquire, and avers as follows:
1. The Plaintiff is BRIAN BORDNER, an adult individual
who resides at 816 Erford Road, Camp Hill, Cumberland County,
Pennsylvania.
2. The Defendant is TONYA MILLER, an adult individual
whose current address is 816 Erford Road, Camp Hill, Cumberland
County, Pennsylvania.
3. Plaintiff seeks custody the following minor child:
HAILEY BORDNER, born January 29, 1993
4. The child was born out of wedlock. The child
currently resides with Plaintiff and Defendant at 816 Erford Road,
Camp Hill, Cumberland County, Pennsylvania.
5. For the last five years the child has resided at the
following addresses with the following persons:
Birth-1:94 14001 Mintwood Street Plaintiff &
1994-1996
1996-Present
Pittsburgh, PA
King Arthur Court
Harrisburg, PA
816 Erford Road
Camp Hill, PA
Defendant
Plaintiff &
Defendant
Plaintiff &
Defendant
6. The mother of the child is Plaintiff, Tonya Miller.
7. The father of the child is Defendant, Brian Bordner.
8. The father currently resides with the child and the
child's mother.
9. The mother currently resides with the child and the
child's father.
10. Mother has announced she is leaving with the minor
child to go to live in Pittsburgh, Pennylvania by the end of July,
1999.
11. The parties have been unable to agree to a custody
schedule if Mother moves to Pittsburgh.
12. The Plaintiff has no information of a custody
proceeding concerning the child pending in a Court of this
Commonwealth.
13. The 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.
14. Each parent whose parental rights to the child has
not been terminated and the person who has physical custody of the
child have been namdd as parties to this action. There are no other
persons known to have or claim a right to custody or visitation of
the child and therefore, no further notice of the pendency of this
action and the right to intervene shall be given, other than to the
parties named herein.
15. The best interest and permanent welfare of the child
will be served by awarding Plaintiff primary physical custody of
the minor child.
Respectfully submitted::
X-dll?l
J ith A. Calkin, Esquire
torney for Plaintiff
2201 North Second Street
Harrisburg, PA 17110
(717) 238-23121
Commonwealth of Pennsylvania:
County of Dauphin
I verify that the statements made in this Custody
Petition 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:
-.. &J]Aiw 2.
-6114d-
Brian Bordner
Sworn and Subscribed
before me thisl? day
?p of 1999.
/Notary Public
NOTARIAL SL
ELLEN ROSENBLOOM.EANotary Public
cxy of Hams
lwrg Dauphin Count'
Commbsion Expires Me 8.2(103
CERTIFICATE OF SERVICE
I, Judith A. Calkin, Esquire, do hereby certify that a
true and correct copies of the Custody Petition was served by U.S.
postal delivery, certified-restricted delivery from Harrisburg, PA,
postage-prepaid to the following person:
Tonya Miller
816 Erford Road
Camp Hill, PA 17011
Dated:
Judith A. Calkin, Esq.
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BRIAN BORDNER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
TONYA MILLER,
Defendant NO. 99-3666 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, upon consideration of Plaintiff's Petition for
Special Relief Pursuant to Pa. R.C.A. 19 15.13, a hearing is scheduled for Wednesday,
July 7, 1999, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse,
Carlisle, Pennsylvania.
Judith A. Calkin, Esq.
2201 North Second Street
Harrisburg, PA 17110
Attorney for Plaintiff
Tonya Miller
816 Erford Road
Camp Hill, PA 17011
Defendant, Pro Se
:rc
BY THE COURT,
BRIAN BORDNER, IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. / NO.
TONYA MILLER, CIVIL ACTION-LAW
Defendant/Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this day of 1999, upon
consideration of the within Petition for Special Relief, IT IS
HEREBY ORDERED AND DECREED that this Court has jurisdiction in the
custody matter concerning the minor child, Hailey Bordner, born
January 29,1993, and that said child shall not be removed from her
current residence at 816 Erford Road, Camp Hill, Cumberland County,
Pennsylvania until further Order of Court.
Pending resolution of this matter, the parties shall
r
share physical and legal custody of the minor child.
BY THE COURT:
BRIAN BORDNER,
Plaintiff/Petitioner
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
TONYA MILLER, CIVIL ACTION-LAW
Defendant /Respondent IN CUSTODY
PETITION FOR SPECIAL RELIEF
TEMPORARY ORDER PURSUANT TO
PA.R.C.A. 1915.13
The Petition of Brian Bordner, Plaintiff /Petitioner by
and though his attorney, Judith A. Calkin, Esquire, respectfully
represents as follows:
1. Petitioner is Brian Bordner, who resides at 816
Erford Road, Camp Dill, Cumberland County, Pennsylvania.
2. Respondent is Tonya Miller who resides at 816 Erford
Road, Camp Hill, Cumberland County, Pennsylvania.
3. Petitioner and Respondent were boyfriend and
girlfriend, and although they reside at the same address their
relationship is over.
4. Petitioner and respondent are the parents of one
child: Hai.ley Bordner, born January 29, 1993.
5. There is no Custody Order, but petitioner has, this
date, filed for custody. A copy of the petition is attached hereto
and marked Exhibit "A".
6. Respondent has told Petitioner that she intends to
move to Pittsburgh, Pennsylvania by the end of the July, 1999. She
says she intends to take the minor child with her to live in
Pittsburgh. Petitioner does not object to Respondent moving to
Pittsburgh, he does object to his daughter moving to Pittsburgh.
Respondent is aware of this but insists she is moving with the
child.
7. Petitioner is fearful that his daughter will be taken
from him.
WHEREFORE, Petitioner requests this Honorable Court to:
(a) confirm jurisdiction of this matter is in
Cumberland county; and
(b) prohibit the minor child from being removed
from her current residence; and
(c) directing the parties to attend a Custody
/
Conciliation Conference; and
(d) granting shared physical and legal custody of
the minor child to the parties pending a resolution of this matter.
R ?ctfully sub it d:
e
dith A. Calkin Esquire
ttorney for Plaintiff
2201 North Second Street
Harrisburg, PA 17110
(717) 238-23121
Commonwealth of Pennsylvania:
County of Dauphin
I verify that the statements made in this Petition for
Special Relief 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:
Brian Bordner `
Sworn and Subscribed
before me this day
?of' b 1999.
l.?tt/I
Notary Public
NOTARK SEAL _
t M? 8
OF SERVICE
I, Judith A. Calkin, Esquire, do hereby certify that a
true and correct copies of the Petition for Special Relief was
served by U.S. postal delivery, certified-restricted delivery from
Harrisburg, PA, postage-prepaid to the following person:
Tonya Miller
816 Erford Road
Camp Hill, PA 17011
Dated:
Judith A. Calkin, Esq.
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JUN 17 ]999,/
BRIAN BORDNER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
TONYA MILLER,
Defendant NO. 99-3666 CIVIL TERM
ORDER OF COURT
AND NOW, this 7 day of July, upon relation of the office of Judith A. Calkin,
Esq., attorney for Plaintiff, that the matter regarding Plaintiff's petition for special relief
is being resolved amicably and that a conciliation conference is scheduled, the hearing
previously scheduled for July 7, 1999, is cancelled.
BY THE COURT,
Judith A. Calkin, Esq.
2201 North Second Street
Harrisburg, PA 17110
Attorney for Plaintiff
Tonya Miller
816 Erford Road
Camp Hill, PA 17011
Defendant, Pro Se
alc-2?
J. esley Oler,
C a "C '7j 7 /11.
A-le
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FI! ED-OfFICF
OF nTH() VAN
99 JUL -l PM 3' 35
curdeNSYLVPNACliY
BRIAN BORDNER, )
Plaintiff )
Vs. )
TONYA MILLER, )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3666 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
ORD
AND NOW, this day of !!ccc-c./? f , 1999,
upon review of the Conciliator's Report, a hearing is scheduled for
the cPS C.( day of? cc 1 1999, at /'do
o'clock ) M., in Court Room Number of the Cumberland
County Court House, Carlisle, Pennsylvania. Both parties, through
counsel, will provide each other and the court with a list of
witnesses ten (10) days prior to the date of the hearing along with
a statement as to their expected testimony. Additionally, both
parties will submit their proposal for a resolution of the matter.
?/
BY THE COURT,
Judith A. Calkin, Esquire
Attorney for Plaintiff
Matt Eshelman, Esquire
Attorney for Defendant
-A V.
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BRIAN BORDNER,
Plaintiff
Vs.
TONYA MILLER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3666 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
JUDGE PREVIOUSLY ASSIGNED: None.
CUSTODY CONCILIATION CONFERENCE SMI&RY RZ'PORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), 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:
ME BIRTHDATE CURRENTLY IN
CUSTODY OF
Hailey Bordner January 29, 1993 Plaintiff and
Defendant
2. A Conciliation Conference was held on July 15, 1999, and
the following individuals were present: the Plaintiff and his
attorney, Judith A. Calkin, Esquire; the Defendant appeared with
her attorney, Matt Eshelman, Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiff's position on custody is as follows:
Plaintiff was notified by the Mother that she wants to move to
Pittsburgh with the minor child. He does not believe that the move
gyp,
to Pittsburgh is appropriate for the child and believes that the
child should remain here. If the Mother insists on moving, he
believes that primary custody of the child should be with him here.
6. The Defendant's position on custody is as follows: Mother
notified Father that she wants to move to Pittsburgh. Her move to
Pittsburgh is because of the breakup of their relationship and the
fact that her family lives in Pittsburgh. She believes that the
child will flourish in Pittsburgh and that it is appropriate for
the child to move out there at this time with her.
7. Need for separate counsel to represent child: Neither
party requested.
8. Need for independent psychological evaluation or
counseling: None requested and the Conciliator does not believe
any is necessary.
9. A hearing in this matter will take three (3) hours.
10. Other matters or comments: The parties are unmarried but
are residing together at the current time. The relationship is
over and the parties have a six year old child who is entering the
first grade in the fall. Apparently, the parties lived in
Pittsburgh for a period of time from the birth of the child to
1994. From 1994 to the present, they lived in the Harrisburg area.
In fact, the Father's mother provides daycare services to the
parties.
This appears to be a relocation case. The Court needs to
have a hearing on the relocation of the child to Pittsburgh. Since
the school year is about to begin, the Court needs to have that
hearing, if at all possible, prior to this school year.
If the Court determines that the Mother's request to
relocate to Pittsburgh with the child is not warranted, then the
matter can be remanded to the conciliator for a review of the
appropriate custodial relationship. Apparently, if the Court does
not approve of the Mother's relocation with the child to
Pittsburgh, then there is a question as to what Mother will
ultimately do and where she will live. What is sure is that the
parties are going to reside together until the Court makes a ruling
on the relocation of the child.
n I. Vv//
Date: July 28, 1999
Michael L. Bang
Custody Concili for
BRIAN BORDNER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
TONYA MILLER,
DEFENDANT : 99-3666 CIVIL TERM
ORDER OF COURT
AND NOW, this 2LIday of August, 1999, following a hearing, the
request of Tonya Miller, the mother of Halley Bordner, born July 29, 1993, to move
Hailey to Pittsburgh, Pennsylvania, IS DENIED.
By the Court, /./
Judith A. Calkin, Esquire
For Plaintiff
Matthew Eshelman, Esquire
For Defendant
:saa
Edgar B. Bayll.
'While we are satisfied that the desire of the mother to move Hailey to
Pittsburgh is not the result of a momentary whim, that the integrity of the motives
of the mother in seeking approval for the move and the father in opposing it are
genuine, and that there is a realistic, although less then ideal substitute
arrangement that could be made to foster an adequate ongoing relationship of
Hailey with her father if the move was approved, we are not satisfied that the
potential advantages of such a move, economic and otherwise, and the likelihood
that such a move would improve substantially the quality of life for the mother
and Hailey are such that it is in the best interest of Hailey to allow the mother to
remove Hailey to Pittsburgh.
CSI C ?.. C:":
99 rll;c 27 G: 5
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