HomeMy WebLinkAbout03-3084REBEKAH L. WOLFE,
Plaintiff,
VS.
CHRISTOPHER J. BURROUGHS,
Defendant.
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY,
* PENNSYLVANIA
NO. 423 307
* CIVIL ACTION - LAW
* CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, Plaintiff, Rebekah L. Wolfe, by and through her attorney,
Stephanie L. Mihalko, Esquire, files a Complaint For Custody against Defendant,
Christopher J. Burroughs, and in support thereof, avers the following:
1. Plaintiff is Rebekah L. Wolfe, Mother, who currently resides at 448
State Street, West Fairview, Pennsylvania 17025.
2. Defendant is Christopher J. Burroughs, Father, who currently
resides at 1412 South Greeley Highway, Lot #42, Cheyenne, Wyoming 82007.
3. Plaintiff seeks custody of the following children:
NAME Present Address AGE
David Eugene Burroughs 448 State Street, West Fairview, PA 17025 12
Sarah Lynn Burroughs 448 State Street, West Fairview, PA 17025 11
Mary Maxine Burroughs 448 State Street, West Fairview, PA 17025 7
4. The children were not born out of wedlock.
5. The children, David Eugene Burroughs, Sarah Lynn Burroughs, and
Mary Maxine Burroughs are presently in the custody of Father for Father's period of
partial physical custody, who believes to be currently residing at 1412 South Greeley
Highway, Lot #42, Cheyenne, Wyoming 82007.
6. During the past five (5) years, the children, David Eugene
Burroughs, Sarah Lynn Burroughs and Mary Maxine Burroughs have resided with the
following persons at the following addresses:
persons
Rebekah L. Wolfe
Christopher J. Burroughs
Rebekah L. Wolfe
Christopher J. Burroughs
Rebekah L. Wolfe
Rebekah L. Wolfe
Jeffrey Wolfe
Rebekah L. Wolfe
Jeffrey Wolfe
Rebekah L. Wolfe
Jeffrey Wolfe
Address Date
11271 NorthWest 128th Place 10/96-6/00
Chiefland, Florida 32626
HC3 Box 567-5
Old Town, Florida 32680
117 SouthWest 3rd Ave
Trenton, Florida 32693
9840 Kentucky Ave
Fanning Springs, Florida 32693
1171 State Road
Duncannon, PA 17020
448 State Street
West Fairview, PA 17025
6/OO- 12/O0
12/00-6/01
6/01-5/02
5/02-6/02
5/02-Present
7. The Mother of the children is Rebekah L. Wolfe, who currently
resides at 448 State Street, West Fairview, Pennsylvania 17025.
8. The Father of the children is Christopher J. Burroughs, who
believes to be currently residing at 1412 South Greeley Highway, Lot//42, Cheyenne,
Wyoming 82007.
9. The parties are not married.
10. The relationship of Plaintiff to the children is that of Mother.
Plaintiff currently resides with the following person:
Person Relationship
Jeffrey Wolfe Husband
Albert Wolfe Son
11. The relationship of Defendant to the children is that of Father.
Defendant currently resides with the following persons:
Person Relationship
Andrea Ackerman Girlfriend
Lizzie (last name unknown) Girlfriend's daughter
1 2. Plaintiff and Defendant have not participated as a party or witness,
or in another capacity, in other litigation concerning the custody of the children in this
or in another court,
13. Plaintiff and Defendant have no information of a custody
proceeding concerning the children pending in a court of this Commonwealth.
1 4. Plaintiff and Defendant do not know of a person not a party to the
proceedings who has physical custody of the children or claims to have custody or
visitation rights with respect to the children.
15. The best interests and permanent welfare of the children, David
Eugene Burroughs, Sarah Lynn Burroughs and Mary Maxine Burroughs, will be served
by granting the relief requested, inter alia, because the Plaintiff Mother has been the
chlidren's primary caretakers.
16. Each parent whose parental rights to the children have not been
terminated and the persons who have physical custody of the children have been
named as parties to this action. All other persons, named below, who are known to
have or claim a right to custody or visitation of the children will be given notice of the
pendency of this ac:tion and the right to intervene.
Name A.cLd.Ee,_,~ ]]asis of Claim
NONE
WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an
Order granting her shared legal custody and primary physical custody, with Defendant
Father to have periods of supervised partial physical custody.
Respectfully Submitted,
Dated: (j) o~ ,/0 .'~
Stepflanie L. Mihalko, Esquire
Wiley, Lenox, Colgan & Marzzacco
The Wiley Group
One South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
Supreme Court ID# 86998
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, Steph~.nie L. Mihalko, Esquire, veri~ that the contents of the foregoing Custody
Complaint are tree and correct to the best of my knowledge, information and belief. I am authorized
to respond based upon information provided by Rebekah L. Wolfe and in my capacity as her counsel.
I understand that I am subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unswom falsification to authorities for any false statements that I made in the foregoing document.
Date:
gtephafiie L. Mihalko, Esquire
REBEKAH L. WOLFE, * IN THE COURT OF COMMON PLEAS
Plaintiff, * CUMBERLAND COUNTY,
· PENNSYLVANIA
vs. *NO.
CHRISTOPHER J. BURROUGHS, * CIVIL ACTION - LAW
Defendant. * CUSTODY
PETITION FOR EMERGENCY RELIEF
Plaintiff, Rebekah L. Wolfe, by and through her attorney, Stephanie L. Mihalko, Esquire, files
this Petition for Emergency Relief and avers as follows:
1. Plaintiff is Rebekah L. Wolfe, Mother, who currently resides at 448 State Street, West
Fairview, Pennsylvania 17025.
2. Defendant is Christopher J. Burroughs, Father, who currently resides at an unknown
address. According to Plaintiff's children, the address is 1412 South Greeley Highway, Lot #42
Cheyenne, Wyoming 82007.
3. The parties are the parents of the following minor children: David Eugene Burroughs,
date of birth: 11/10/90; Sarah Lynn Burroughs, date &birth: 1/1/92; and Mary Maxine Burroughs,
10/22/95, who primarily reside at 448 State Street, West Fairview, Pennsylvania 17025. On June 13,
2003, Father acquired custody of the children for his summer visitation, to end on August 15, 2003.
Father did reside in Florida at the time Father acquired custody. Father since left Florida with the
children and Mother does not know of Father's whereabouts.
4. On February 28, 2002, the parties entered into a Custody Agreement, granting Plaintiff
primary physical custody and relocation to Pennsylvania with the children, and granting Defendant
partial physical custody. Mother and the children have resided in Pennsylvania since May 2002. A
copy of said Order is attached hereto as Exhibit "A."
occasions.
7.
8.
Defendant has threatened he was going to take the children from Plaintiff on numerous
Father has not informed Mother of his and the children's whereabouts.
The children called Mother a few times from the road and informed Mother they had
to sneak telephone calls to her because Father is not allowing them to call.
9. Defendant is in contempt of the Agreement attached hereto. Father is to give thirty
(30) days written notice before moving from the state. Defendant did not inform Mother of this move.
10. The children informed Mother during one call they were in Tennessee, during a second
call, they were in Indiana and a third call, they informed Mother they were in Wyoming. The children
did give an address where they can be reached in Wyoming. Mother is unsure if the address is correct.
11. The children made comments to Mother such as "I want to come home now". David
Eugene Burroughs began having an anxiety attack on the phone with Mother and stated "Mom,
something bad is going to happen."
12. Father's girlfriend and girlfriend's daughter are with Father and the children, also
WHEREFORE, Plalntiffrespectfully requests that this Honorable Court enter an emergency
Order directing Defendant return the children to Pennsylvania and into Mother's custody.
Date:
Respectfully submitted,
p ' . Mihalko, Esquire
Wiley, Lenox, Colgan & Marzzacco
One South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
Supreme Court ID #86998
Counsel for Plaintiff'
VERIFICATION
I,~.e~,~ x4~L~'7~hereby swear and affirm that the facts contained in the foregoing
Emergency Petition are true and correct and are made subject to the penalties of 18 Pa. CS. Sec.
4904 relating to unsworu £alsification to authorities.
Reb'ekah L. Wolfe, Plaintiff
EXHIBIT "A"
Case # 2001-38-CA
Agreement for Custody, Parental Responsibly, and Visitation
Between Rebekah L Wolfe and Christopher J Burroughs
For the follow Minor Children:
David Eugene Burroughs
Sarah Lynn Burroughs
Mary Maxine Burroughs
Bom November 10, 1990
Born January 1, 1992
Bom October 22, 1995
of marriage with dependent or minor children, family law form 12,902(0(1). Entered into
on l;cbruary 27, 2001. In an e~brt to comply with the original agreement on above named
law form, notify that a parent of the children listed above is planning on moving out of
stato, it was agreed that a .30 day notice would be given so that a new visitation agreement
would be drafted. Tharefore this agreement is being entered into be, anse of tho up coming
move ct'the children and the children's mother to ?ennsylvani~ on May of 200:2.
1. Custody of the minor children will remain with the mother with parental responsibility
being shared with both parents. S'arental responsibility (excluding things that have already
b~n agreed upon in section I¥ of family form 12.902(f)(1) and any modffications that has
been e~.~epted by the court to this date) for the minor children will be shar~ in the
following manner:
A, lvl~thcr will care for and make all decision for the children's ~ucatio~, medical and
dent~tl heeds as long ~s aha has custody, 8ivin8 verbal or written informauon to the father
when it is requested. The mother will allow thc father to contact the children as he wishes,
and allow the children to contact the father a.~ tbey wiah.
B. Father will care for the children and maintain any educational or medical n~ds ~hat the
children may have during his visitation times. Ifso~ should happen to any of the
children, that requires medical attention, the father will make emergency d~isions and will
contact the mother within 24 hours so she can a~surc that any information tone, riling
m~ical conditions, or records, of the children can be obtained and forwarded to the
proper people. In additiorh the father will allow phone calls to the children fzom the
mother during l_is vishation and the chlldrcn will be allowed to keep in contact with the
mother as they wish.
3, Primary residential parent will be thc mother and the s~eondary residential parent will be
the father.
for Custody, Parmntal P, ms.oon$ibly, and Visitation l~mU~,~n R~o~kah L Woltb
and ChrJstophor J Burrough~ Page 1 of 4
4, Secondary residential pm-ent (father) w/Il have visitation as follows:
A. Summer Visitation: Sunc 15'~ to Au~st 15'~ (If the school schedule requires some
adjustrr~nt to these dates another 61 day schedule will be agreed upon by the parents
for the summer.)
B. Chrirana~ Vacation: It will b~ a rotating schedule every other Christm~, starting with
Christmas 2002, the children wil~ be with the father; in 2003, thc children will with the
rnother~ etc.
C. In addition one week during the year, with 30 day notice, as long as it does not
~erfcre w~h thc children's school attendance.
D. When a trip is made with/n 200 miles of the father, by the mother tbr business
puqmses, accompanied by the children, the mother will contact the father to give Mm
a option to sc~ tl~ cl~il&'cn ]fhc is wilJi~g to ~oa~c oa~d pick them up for a desig~ratcd
period of time wh/le she is in the area. ~tc wilt return the children, at the appointed
time, to the mothcr in the same manner.
E. Ii'tM tither plans to be in the ~rea whore the children live, he may see thc children
provided a 24-hour notice is given to thc mother, and it does not interfere with the
children's acme] attendance.
F. The mother w/il purchase a computer earner~, to allow audio/video conversation, via
thc Intei'net, between thc thther and ehildrell dttring tM time between visits. The father
must call) mail, or electronically mail, the mother 24-hours in ~vance of the Internet
c~ll, the time he wishes to make the call. These calls will on]), take pla~e a maximum
of twice a we~k. The father is responsible for ~quipping and maintakning his own
compumr to make these cal~. Also thi~ commur,~cation may bc used by thc mother
when tM children are visiting with the ~ther, ~ long as, thc above-rocntioned
guidelines arc adhered to.
G. Th.,e p~rents will communicate regarding arrangements or any other issues relating to
the ~. ildren by phone, in writing, or by el¢otrouic
H. Visitation expenses will be shared in the following manner:
~ If thc children go to, or return from, visitation with the father by automobile each
parent wl]] be responsible to deliver the children ~.o an agreed upon halfway point
predetermined 30 days b~fore the date of visitation. If'the f~ther cancels visitation
without notice to the mother and the moth~ travels to the agreed upon place, then
the father will p;,y tho lull tr~tvel e×l:mnses o£the mother and children, and she will
return home with the children. Also, the father will have to pick up or deliver the
children to their destination on the next visitation time. Also, th~ reasonable
waiting period will be 5 hours, beyond the appointed time, to w~ for the other
party's m'rival, lfthe mother does not meet the appointed time for drop-off, or
pick up, sM will be respomibJe for delivering, or retri~rring the children to or from
the father's plar. e ofr~idenoe. Understanding and exception ~ be given for
me,~h~r~ic,,~l £~ilures o£the automobile during thc trip, however, an attempt must be
made to center thc other party, immediately, a~l proofoftbe breakdown must be
supplied to the other party.
;;> If the children go to, or return from, visitation with the father by plane, thc
Agreement for Ctt~c<ly, Parental R~sp~sibly, ~nd Vi$itition l~tv,~n Rcbekah L Wolfe
and Christopher $ Burroughs P~ 2 of 4
exper~¢, will be shared equ~dly; it must be a non-stop flight because of the age of
the children,
~ If the children $o to, or return fi.on~ visitation with the father by bus, or train, one
parent, or an agreed upon poraor~ must accompm~y the children and the expense of
the additional round trip tickets will bo considered part of the children's travel
expense ~md equally shared by both parents.
While the children al~ visiting with their f~thor, during thc surnl3aer mor/tl'~, thc mother
will reimburse the father $50 per ohild, by mailed check, fi.om child support paid by the
father, for every two weeks that the cl~ld is with him, provided the child is present
with him the entire 14-day period, and tho father is not delinqueut or late on court
appointed child support payments. The mother is under nO obligation to reimburse lhe
father ducing the s~muncr months if he is not current with his child support payments.
Nor i~ th< mother responsible fo; a lull rehnbur~emcnt during lh~ sunmaer months ~
having notified the fethe~ prior to his visitation time, concemiug outstanding medical
bills, of which th~ father is responsible for $0%, as order in the final dissolution of
marriage documcnts date 2/27/2001, thc outstanding portio~ of the medical bills due
by the father, will be covered by this reimbursement. A bill~ which includes copies of
the medical statements, will bc sent by certified meil to the.father no later than 30 days
pr/or to him receiving the children for ~,ppoirlted visitation.
When one parent is unable to meet the schedule thcrc must bo a 30-day notice given to
thc other parent.
$. Neither parent shall take the cifildren from thc custody of the other parent or any
childcaro provider or other per, on entrusted by the other parent with the e, are o£th¢
children without thc agreement of the other party during thc other party's time of parental
responsibility or visitation.
\This agreement will be in effect starting June I't, 2002
for Custm/y, Parmml R~aponsibly, and Visitation Between R~bekah L Wolfi~
avd Christopher J Burrough$ P~e 3 of 4
certify that ! have been open and honest in entering into this settlement agreement. I
nm satisfied with this agreement and intend to be bound by/~t.~ ~ ~..._~
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and sign~ betbre me on _
l:~ Number:
NOTARY PUBLIC or DEPUTY CLERK
[Print, WP=, or stamp ~ommissioned name of notary or
clerk,] ,,.",~'%'~,,, - - -.
I certi~ that I have been open end honest in cnterln~ into this settlement agreement, I
am satisfied with this agrcement and intend to be bound by
%, Si~amr~ of M~r
city, ~Zip: ~, s~'~ ~L. 3~,~,'3
Tcl~honeNumb~r: '~%Z ~ ~ q .0 /¢ 7~
F~ Number:
STATE OF FLO..glI)A ' .
COV- TV OF
Sworn to or affirmed and sign~ before me on
,,- Personally known
Produced iduntification
Type of idonfiflcafion produced
for CustOdy, Parental Responsibly, *,nd Visitation Between Rebckah L Wolf~
and Christopher J Burroughs Pago 4 of 4
TOTRL P.14
REBEKAH L. WOLFE :
PLAINTIFF :
V. :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-3084 CIVIL ACTION LAW
CHRISTOPHER J. BURROUGHS
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, July 03, 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 Thursday, August 07, 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 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. Failure to alyoear 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 TItE COURT,
By: /s/ Hubert X. Gilroy. 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 THE 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
REBEKAH L. WOLFE,
Plaintiff, *
CHRISTOPHER J. BURROUGHS, * CIVIL ACTION - LAW
Defendant. * CUSTODY
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY, ~
PENNSYLVANIA ~
ORDER
AND NOW, this
day of ,2003, upon consideration of Plaintiff's
Petition for Emergency Relief, Respondent's Answer thereto, and after hearing thereon, it is hereby
ORDERED and DECREED
BY'
REBEKAH WOLFE,
Plaintiff,
VS.
CHRISTOPHER J. BURROUGHS,
Defendant
IN THE COURT OF
COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
No. 03-3084
CIVIL ACTION-LAW
CUSTODY
DEFENDANT'S REPLY TO ORDER
Defendant, Christopher Burroughs, Pro Se, files this response to the Plainfit~s Petition
for Emergency Relief. The defendant responds as follows:
1. Plaintiffis Rebekah L. Wolfe, Mother, who currently resides at 448 State Street,
West Fairview, Pennsylvania 17025.
2. Defendant is Christopher J. Burroughs, who currently resides at 1412 South
Greeley Highway, Lot #42, Cheyenne, WY 82007. Defendant informed plaintiff of
This address by phone on June 25t~, 2003, when the rental lease was signed for this
address. A copy of lease agreement is attached hereto as Exhibit "B'.
3. The parties are the parents of the following minor children: David Eugene
Burroughs, d~e of birth: 11/10/90; Sarah Lynn Burroughs, date of birth: 01/01/92;
and Mary Maxine Burroughs, date of birth: 10/22/95. On June 14t~, 2003, Father
acquired custody of the children for his summer visitation, to end August 159,2003.
Father did reside in Florida at the time Father acquired custody. Father has since moved
to Wyoming due to belter employment opportunities and informed mother of
children's whereabout~ daily throughout the trip to Wyoming by phone, and since
arriving in Wyoming has allowed children daily contact by phone and email with
Mother.
4. On February 28,2002, the parties entered into a Custody Agreement, granting
Plaintiff primary physical custody and relocation to Pennsylvania with the children, and
granting Defendant partial physical custody. Mother and said children have resided in
Pennsylvania since May 2002. A copy of said Order is attached hereto as Exhibit "A".
5. The Defendant has never threatened to take the children away from the
Piain~'~
(6. Item six is missing from original order.)
7. leather has informed Mother of children's whereabouts daily while
traveling from Florida to Wyoming, and has informed Mother of permanent
address immediately after signing a rental lease for bls enmnt address, leather
has alan informed the Child Support authorities in Florida of his address.
g. The children called from the road while in the Defendant's vehiele,
from defendant's rellnlar phone, while the I~fendant was present. They have
never been refused eontaet with their mother.
9. The 30 day notice ia the agreement referred to Plaintiff moving away with
the ehildren to Pennsylvania, and replaces any other agreements in ennrt.
Befendant informed Plaintiff by phone of his intent to move to Wyoming this
snmmer, and informed the Plaintiff of the whereabouts of the children every day.
10. The children called from Tennessee, Indiana, and Wyoming, as evidence
that leather allowed ehildren to call every day from the road so that the Mother was
informed nf the ehildren's whereabouts.
11. The children are willing to speak to II Conrt professional nd state that
they have never asked to come home. David Eugene Burroughs stated "something
bad is going to happen" relating to the fact that the Mother told him that his Father
was going to be arrested for kidnapping the children. He was afraid his father was
going to jail, and that is the "something bad" he referred to.
12. Father's fiane~e (to be married on July 15, 2003 at 5 pm in Cheyenne,
WY) and fianc6e's daughter also reside with the Father.
13. The Defendant is in the process of obtaining legal counsel for this matter,
since he just moved to this area and did not have sufficient notice to obtain an attorney
to repzesent him in collrL
WHEREFORE, Defendant respectfully requests that this Honorable Court enter
an Order to dismiss Plaintiff's frivolous Emergency Order, since the statements
furnished by Mother are untrue and the children are not in any danger while in Father's
custody. This civil suit was brought on by the Plaintiff following allegations by the
children that they are being physically abused by their mother, Rehekah Wolfe, and their
step-father, Jeffi'ey Wolfe. As per the children's statements to Father, Father's fiance',
Andrea Ackerman, and paternal grandmother, Patricia E. Burroughs, the children have
stated that the Mother has instructed them to "keep quiet" about the abuse or the step-
father would lose his job as a Child counselor. The children have stated they are "afraid"
of the step-father due to the abuse. The Father is in the process of reporting the abuse to
the proper authorities and obtaining an attorney to handle the matter and any further
custody arrangements.
Date: I q.~J~,) ~)'~
submitted,
J. Bm'roughs,
Pro Se
1412 South Greeley Hwy 842
Cheyenne, WY 82007 (307)638-2420
Case # 2001-38-CA
Agreement for Custody, Parental Responsibly, and Visitation
B t'ween Rebekah L Wolfe and Christopher Burroughs
For the £ollow Minor Children:
David Eugene Burroughs
Sarah Lynn Burroughs
Mary Maxine Burroughs
Born November 10, 1990
Born January 1, 1992
Bom October 22, 1995
of ~e ~ ~e~ or m~or e~l~ f~ ~w ~ 12,902($(1).
on l;e~ 27, 2001. In ~ ~ to ~ly ~ ~ o~ a~m~ on a~ve
law fo~ no~ ~t a p~t of tho c~l~ liged a~ve is vl~ on mo~0f
s~t~, it ~ a~ ~t a 30 day ~tice would ~ 'v~ ~ ~ '' ~-'
~ ew v~ a~me~
· ~u~ ~ dr~. ~ th~ a~ent is ~ eme~ i~o ~ of~
~ve o~thc c~an ~ the c~dran's mother to P~yl~ on May of 2002,
1, Custody oftl~ minor children will remain with the mother with parental r~pon~ibllity
being shared with both parents. Parental re~ponsibiilty (excluding things that have already
~ agre~l upon in section IV of family form 12.902(/)(1) and any moclifi~tion~ that has
boon ~'%pted bythe court to this date) for the minor, children will be shared in*he
following manner:
A. lVlQther will care for and ~ all decision for the chJldrea's oducation, m~kal and
d~ntal ho~d,~ as long as she has custody, giving wrbal or writtan infomaation to the father
whan it is requestS. The mother will eilow tho father to ~ontact the ~hildrea as he wishes,
and allow the chitdron to contact the fa*her as they ~
B. Father will care for the childrcn and maintain any educational or medical n~xls that the
.~.~ ~r~n~,~.ma_~ ~u__ ~e~.....~!¢.a,~ attenuonl, tae father will. make e.m~S~ney d~,isitxua and will
*~_~.~_ _,,,,,- ..~..~ w~mm z,~ nour~ so s~e can assure that any infm'mation con~uling
m~cm conmt~ons, or records, of*he cMldrc~ can be obtained and forwarded to the
proper peoplc. In addition, the father ~ allow phone cslls to the children f~om tM
mother durMg lfis visitation and the childrc~ will be all~wcd to keep in contact with the
mother as they wish.
3, Primary reaidemial parent
the father, will be the mother and tl~ s~condery re~ pare~ will be
for Custody, Pm'~l~l P~sp~aibly, a~d Visi~ti~,~ B~v~n P,a~..k~h L Wolfo
~d Christopher J Burroughs ~age 1 of 4
4, S~,ortclm-y msid~atlal pateat (~ther) will hav~ visitation as follows:
A. Stmma~ Visitation: June 15a to August I$'~ (Ifth~ school s~hr. dute requires sorr~
adjuatw.~m to th~s~ ~tes maot~ 6 ! d~ ~h~au~ ~ ~ a~a ~on ~ ~ p~ts
C~ 200~ ;~ ~ ~ ~ ~ th~ ~m; ~ 200~, ~ o~n ~ ~ th~
C. In ~d~on om w~k ~ ;~ y~. ~th 30 day no~, ~ long as it does not
~ ~ ~ ~ldmn's ~ol a~ce.
D. ~ a t~p ~ ~do wi~ 200 m~ oft~ ~th~r, ~ th~ ~th~ for
~os~, ~o~d ~ the ~, th~ mot~ ~ ~oat~t th~ fat~ to gi~ ~
a optioa to ~ ;h~ ~l~'cn ~h~ ~ willh~ to ~on~ ~d pick them up ~or a a~sig~a
p~d oft~ w~ ~ ~ ~ t~ ~ea. tt~ ~1t re~ ~ c~&m~, m ~a a~o~ted
ti~, to t~ mo~ in t~ ~e
prov~M a 2~ notice is ~v~ to t~ ~ther, ~d it does ~t ~t~ wi~ ~
c~r,n's s~ol
F. T~ motor will p~ a ~m~g ~a ~ ~ow auaio/~aeo ~n~t~ ~a
m~ ~; ~a, or ~ctr0ni~ly ~a, th~ moth~ 24-~s ~ ~v~ce of the
c~ ~ t~e b~ ~hes to ~ the c~. These ~ ~1 o~ t~ p~ce a ~
of~ a w~. ~e f~ ~ m~o~iblc for ~iug ~ m~t~ ~ o~
co~ to ~ thee ~. ~ t~ ~tio~ ~y ~ u~ ~ the ~th~
w~ t~ ~n am ~i~g ~ ~hc ~h~, ~ 1~ ~, thc
tuide~es ~c ~er~ to.
G. ~ p~=nts ~ co~c~? mg~d~ ~em~ts or ~y other issues ~ht~ to
~il~ ~ phon~, ~ wr~ti~, or ~ el~tronic mail.
H. V~tation exp~es writ ~ s~ fi~ the ~owinl
~ J~thc chil~ $o to~ or ~um ~om, vibration ~ th~ h~ by ~utomobile e~h
p~t wlJl ~ mspo~bl= to del~r ~ chOdrcn to ~ a~ upon ~y po~t
pr~det~d ~0 days ~f~m t~ date ofvhi~tion. Ift~ f~th~ c~ls ~sita~on
wi~ut no~c to the ~t~r ~d ~e moth~ travels to ~e a~=d upon p~ t~
thc ~t~ w~ ~ ~ f~ ~avel e~es ot ~ ~ ~d cM~n, ~ she
r~ home ~th ~e c~d~. ~, the ~ ~ ~ve to pi~ up or d~v~ t~
wSt~ p~od w~ ~ 5 Imps, ~yond ~he appo~ted t~ to ~ ~r ~e other
p~'s ~1. lft~ ~t~ does not m~ the a~t~ ~ ~r dro~o~ or
~ up, ~ w~ ~ mspomlb~c ior del~v~, or r~i~g ~ c~ to or ~m
the ~r's p~ ofr=~ce. Und~=~ ~d ~pt~n ~ ~ ~v~ for
~h~ ~cs of the su~o~b~ d~n~ t~ ~p, ho~r~ ~ a~t mu~
· ~de W ~ thc o~ ~y~ ~d~te~, ~ ~ofofthe ~o~ m~
supp~ to the o~
~ If the ~n to to, or tatum ~o~ ~itation ~th the ~th~ ~ p~, ~e
~enscs will be shared equally; it must bca non-stop fliEht because of the age of
the children.
~ Ifth~ children Bo to, or ~*tum from, v~tation with ~te f~hcr by ~s, or trs~ one
parent, or an a~reed upon person, must accompany the chtlch~ and the exponso of
the additional round trip ~ick~s ~ bc ~oz~i~ ~ of thc cMldren's tra~l
expense and cqua~ly shared by hz, th parents.
While thc ckiklren are visiting with their father, during thc summer months, thc mother
will reimburse the father $~0 per child, by mailed check, from cl~ld support paid by the
fathcz, for every two weeks that the ch.~d is with h~.'al, !provided the child ~s ]:~rcscnt
with him the entire 14-day perind, and thc father Js not delinquent of hte on court
appointed child suppo~ payments. Thc faother is under no ohliBation to reimburse the
father during the summer months if he is not current with his child support payments.
Nor i~ thc rno~he~ r~ponsiblc for a lull reiw. bursem~nt durinl~ the sunm~er months if,
havinl~ notified thc father prior to his visitation fin~, concemitl6 outstandin6 medical
bills, of which th~ father is responsible for 50°/5, ~s order in the final dissolution of
marri~ dooumonts elate 2/27/2001, thc outst~ndir~ portion of the medical bills due
by thc father, will ~c covered by this reimbursement. A bill, which includes copies of
the medical statements, will bc sent by certified mail to the father no later th~n 30 days
prior to him reccivinE the ~ for appointed visitation.'
When one parerl! is unable to meet the schedule thorc must b~ a 30-day notice given to
thc other parent.
5. Neither parent shall take the childrco from tho custody of thc other parent or any
childcarc provider or other person entnisted by the other parent with the care of thc
children without thc aireement of the other party during thc other party's time ofparentsl
re~onsibihly or visitation.
~kThis agreement will be in effect starting Sune 1't, 2002
.~ent fro' Cust~y, P~rmtsl R~pot~ibly, and Visitation Bstween Rsbekah L Wolfs
avd Chr/stoph=r I Burroughs Pag~ 3 of 4
x certlf~ that I have been open and honest In enterlnE into this settlement agreement,
um sa~find with this agreement and Intend to be bou~
Addm.q.3:, ~- ;.9",- ~t4~'-~'z' ~'~'
J~ Number:
Sworn ~o or affixed and sign~ befo~ me on
,~Personatly known
NOTARY PUBLIC or DEPUTY CLEtU~
[Print, ~ or stamp commissioned name of notary or
clerk,]
I certify that I have been open end honest in enterin~ into this settlement ugreement, I
am satisfied with this agreement and intend to be bound by it.
x,x '~ Si~/mtur¢ of Mo~¢r
~e~ m ~p mmmissime~e ofno~ or
Personally known
Produced identification
Type of id~-ntificafion produced
A~rocment for Custody, Parmntal Respollslbly, and VlsJtatie~ Between Reb~kah L Wolfe
snd Christopher J Burroughs Pa~ 4 of 4
TOTAL P,14
EXHIBIT "B'
REHTAL AGREEMENT
IN CONSIDE.R~_ TIO. N o~ the mq/pei covenapts herein contained, KDWY, Inc., celled
Manager, and ~-./~ ~-, <
whether one or moro, herein celled Tenant, agree ~rs follows:
prOpeeff~.ve~,"~eyenne'
1. Manager agrees that the 200.,~.., and
WY, is heroby ronted to Tenant
from month to month hereafter so long as Tenant complies with terms hereof.
Tenant agrees to pay to Manager a mc,~..~, rental of $ ~-"J,O~~ utilities,
payable in advance on or before the / day of each month. Any refund of rents
will be at the sole option of Manager. Monthly rental may be increased or decreased as
economic conditions dictate at the option of Manager with 30 days notice. Thero will be a
$20 charge for any insufficient fund check, with future ronts to be paid by ~erfified funds.
A late charge of $5 per day will be charged if rent is received after the~_..~
Tenant agrees to give Manager a minimum of thirty (30) days' written notice prior to
vacating. Should this condition not be met, all deposits will he non-refundable without
further recourse. Rent will he charged for each day under 30 days when such notice is
not given. Rent will be charged for each day that the keys are not returned to Manager
after vacating promises.
If locks are changed or added, it is at the Tenant's expanse and further the Manager will
be provided with a duplicate key. Tenants are responsible for their own keys.
Pets a~ permitted. In the event pets are parmitted, the following rules apply:
extra deposit will be paid, owner will clean up regularly Mter pets (falling this, tenant will
be charged a $50 cleanup fee), pets to be leashed in apartment complexes, and -
CARPETS TO BE PROFESSIONALLY CLEANED UPON MOVING.
Tenant may not assign or sublet hereunder. If the tenant violates this provision, Manager
may immediately take possession of said premises, and in the event of litigation may sue
and evict any parson or parsons occupying premises.
The proparty is to be used as a parsonal residence by Tenant and for no other purpose.
Tenant shall make no alteration (including painting) to the proparty without Manager's
consent, and Tenant agrees to pay promptly for any damage caused by Tenant or his
invitees. Tenant is rosponsible for any repairs caused by his negligence or misuse.
Any activities of Tenant that disturb other occupants of building or neighborhood or cause
unnecessary expense or roasonable complaints will be corrected promptly on request.
~l:~ntsof~hepropartywilJconsistofonly (~":s ,~u-.~* ~'.~,~
Each occupant shall be jointly and saverelly liable far all obligations of Tenant hereunde;'.
Persons other than these listed herein occupying the proparty shall constitute a violation
of this agreement.
10.
Manager may enter said promises at reasonable times to insuro maintenance and safety
of premises and to show proparty to prospective tenants after notice to vacate has been
given,
11. TENANT HAS INSPECTED THE PROPERTY AND ASSOCIATED FACILITIES AND
ACKNOWLEDGES IT TO BE CLEAN AND IN HABITABLE CONDITION. PLEASE
INITIAL: Tenant to furnish list of noted existing damage within
two days after signing this agreement.
12. Tenant agrees to pay Manager $ ,~)D'-'Lfor security and damage deposit in full on the
date of this agreement, to be refunded by Manager within 30 days after Tenant vacates
premises, less any indebtedness incurred by Manager due to negligence of Tenant, and
if all conditions of this Agreement are complied with, specifically but not limited to,
compliance with the following provisions: premises to be left in clean, undamaged,
rentable condition, to be determined by the Manager. Deposit may be held in an interest
bearing account with interest to benefit owner. The deposit is not an advance payment of
rent and does not relieve Tenant from obligation to pay rent including rent for the last
month of occupancy.
13. It is expressly understood and agreed that the Manager and Owner of said premises will
not be liable for any damages or any injury to Tenant or Tenant's invitees or to Tenant's
possessions no matter how caused on the premises or in the common areas thereof.
Tenant to acquire insurance necessary to protect personal property.
14. IN THE CASE OF HOUSE RENTAL ONLY, Tenant agrees to maintain exterior grounds
of said properly, including, but not limited to mowing, edging, pruning, watering, fertilizing,
weeding, shoveling snow from sidewalks. If this condition is not met, Manager has the
right to hire the service done and charge Tenant, or raise the rent accordingly.
15. Any violation of the agreement constitutes a forfeiture of deposit and/or prepaid rent and
non-payment of rent when due or any other mason deemed prudent by Manager shall be
sufrmient cause for eviction from said premises upon 3 days' written notice. Tenant
agrees to pay all costs of collection of back rents, eviction, and damage including such
attorney's fees as may be fixed by the court and collection agency fees. In the event that
Tenant shall be absent from the premises for a period of 5 consecutive days while in
default, Tenant shall, at the option of Manager, be deemed to have abandoned the
premises. Any property left on the premises shall be considered abandoned and may be
disposed of by Manager as he shall see ~. All property on the prernisas is hereby
subject to a lien in favor of Owner for payment of all sums due hereunder to the
maximum extent allowed by law.
UPON VACATING THE PROPERTY, TENANT MAY REQUEST "WALK-THROUGH
INSPECTION". SUCH INSPECTION MUST BE ACKNOWLEDGED BY BOTH
PARTIES.
acknowledged receipt of a copy of this agreement.
Bill Don~/van,
Presideht, KDWY, Inc.
3413 Grove Drive
Cheyenne, WY 82001
Phone: (307) 632-8623
Cell: 221-6311
VERIFICATION
I, Christopher J. Burroughs, hereby swear and affirm th. at the facts contained in the
Foregoing Response to Emergency Petition are true and correct and are made subject to
the penalties of 18 Pa. CS. Sec. 4904 relating~uthorities.
Date:/~/ f)~4/~~"~-~'~ ~( \ ~ ~' ~
R NYGAA~: NOTARY PUSLIC
COUNTY OF ~ STATE OF
Christopher J. Burroughs
1412 S. Greeley Hwy g42
Cheyenne, WY 82007
The Court of Common Pleas
Cumberland County, Pennsylvania
Re: ease 03-3084
Civil Action - Law, Custody
Dear Sir or Madam:
Ju y 14, 2oo3
Attached please find my Response to an Order of your Court to appear for an
Emergency Hearing regarding the custody of my children on July 18,2003 at 3:00 P.M.
I respectfully request that the attached documents are filed into the court and
taken into consideration pending investigation of child abuse occurring at the children's
residence in Pennsylvania. There is also a Pre-Hearing Custody Conference scheduled for
August 07, 2003, which, until that time I intend to retain services of an attorney to
Discuss the matter.
I will gladly cover any costs involved with filing these documents, as well as the
Cost for documents sent to me in response to my request. Please notify me of any costs
and I will reimburse the Court.
Please centaet me at the above phone number or address so I can be infu~iied of
the status of my request, since the Plaintiff has not allowed enough time for myself and
my family to attend in person. A trip to Pennsylvania is not within my financial means
at this time, especially since I have just moved to Wyoming and begin my employment
on July 17, 2003. The children are in no danger and do not need to be removed
from my custody. ~mitted,
Christopher J. Burroughs
REBEKAH L. WOLFE,
Plaintiff,
V$,
CHRISTOPHER J. BURROUGHS,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. (~ ~..,~o I'~
CIVIL ACTION - LAW
Defendant. * CUSTODY
PETITION FOR EMERGENCY RELIEF _.
?lainfi~, Rebe~ L. Wo~e, by ~d t~oulF~ her attom~j, Stephanie L. Mih~o,
thi~ P~titio~ for [~erS~F ~li~f ~a ~er~ ~ fo~o~:
l. Plaintiff is Rebekah L. Wolfe, Mother, who currently resides at 448 State Street, West
Fairview, Pennsylvania 17025.
2. Defendant is Christopher J. Burroughs, Father, who currently resides at an unknown
address. According to PlaintiWs children, the address is 1412 South Greeley Highway, Lot//42
Cheyenne, Wyoming 82007.
3. The parties are the parents of the following minor children: David Eugene Burroughs,
date of birth: 11/10/90; Sarah Lynn Burroughs, date of birth: 1/1/92; and Mary Maxine Burroughs,
10/22/95, who primarily reside at 448 State Street, West Fairview, Pennsylvania 17025. On June 13,
2003, Father acquired custody of the children for his summer visitation, to end on August 15, 2003.
Father did reside in Florida at the time Father acquired custody. Father since left Florida with the
children and Mother does not know of Father's whereabouts.
4. On February 28, 2002, the parties entered into a Custody Agreement, granting Plaintiff
primary physical custody and relocation to Pennsylvania with the children, and granting Defendant
partial physical custody. Mother and the children have resided in Pennsylvania since May 2002. A
copy of said Order is attached hereto as Exhibit "A."
occasions.
7.
8.
Defendant has threatened he was going to take the children fi-om Plaintiff on numerous
Father has not informed Mother of his and the children's whereabouts.
The children called Mother a few times from the road and informed Mother they had
to sneak telephone calls to her because Father is not allowing them to call.
9. Defendant is in contempt of the Agreement attached hereto. Father is to give thirty
(30) days written notice before moving from the state. Defendant did not inform Mother of this move.
10. The children informed Mother during one call they were in Tennessee, dunng a second
call, they were in Indiana and a third call, they informed Mother they were in Wyoming. The children
did give an address where they can be reached in Wyoming. Mother is unsure if the address is correct.
11. The children made comments to Mother such as "I want to come home now". David
Eugene Burroughs began having an anxiety attack on the phone with Mother and stated "Mom,
something bad is going to happen."
12. Father's girlfriend and girlfriend's daughter are with Father and the children, also.
WHEREFORE, Plaintiffrespectfully requests that this Honorable Court enter an emergency
Order directing Defendant return the children to Pennsylvania and into Mother's custody.
Respectfully submitted,
Stephanie L. Mihalko, Esquire
Wiley, Lenox, Colgan & Marzzacco
One South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
Supreme Court ID #86998
Counsel for Plaintiff
Date:
VERI~CATION
l,"~f'~-g,~' ~[-{7~hereby swear and affirm that the facts contained in the foregoing
Emergency Petition are true and correct and are made subject to the penalties of 18 Pa. CS. See.
4904 relating to unswom falsification to authorities.
Retlekah L. ~4olfe, Plaintiff
KEBEKAH L. WOLFE,
Plaintiff,
VS.
CHRISTOPHER J. BURROUGHS,
Defendant.
IN THE COURT
CUMBERLANDCOUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY
ORDER
AND NOW, this ~ ~ day of~, 2003, upon consideration of Plaintift~s
Petition for Emergency Relief, Respondent's Answer thereto, and after hearing thereon, it is her.eby
ORDERED and DECI~E[ __ ,
TRUE COPY FRO[I RECORD
In Testimony wherl~-Y~, I ~r~ ,~r;to :~*-~ ':V tl~a
and t~ s~l of ~t~ (~ a: Ca~&~, ~.
r~i~y ~)'~.~ ~,.
/ / Pro~hon~r~
REBEKAH L. WOLFE,
Plaintiff
CHRISTOPHER J. BURROUGHS,
Defendant
: CUSTODY
ORDER OF COURT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
By the C~o~
Edward E. Guido, J.
t~ephanie L. Mihalko, Esquire
Attorney for Plaintiff
ony T. McBeth, Esquire
Attorney for Defendant
AND NOW, this 18th day of July, 2003, after
hearing, we are satisfied that the children are not in danger.
The agreement of the parties effective June 1, 2002, and entered
as an Order of the Court of Gilchrist County, Florida is adopted
by this Court as a Temporary Order pending conciliation and
further Order of Court.
Plaintiff may recover the cost of the $165.00 for
the plane ticket to Florida from the amounts due Defendant
pursuant to Paragraph I of the prior Order. In addition, Mother
shall be entitled to unfettered access to the children by
telephone up to two times per day until they return on the
scheduled date pursuant to the Florida Order.
srs
NO. 03-3084 CIVIL TERM
CIVIL ACTION - LAW
REBEKAH L. WOLFE,
Plaintiff~
VS.
CHRISTOPHER J. BURROUGHS,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-3084
CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
I, Sherle A. Minich, being duly sworn, deposes and says that she is an adult and that she served a
true and correct copy of the Petition for Emergency Relief, at the Defendant's last known address as
follows: Christopher J. Burroughs, 14125 Greeley Highway, Lot 42, Cheyanne, Wyoming, 82007, by
certified mail, restricted delivery, return receipt requested on thel lth day of July, 2003. The Certified Mail
Receipt and PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference
thereto.
Date: July 31, 2003
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF YORK :
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.~
S,~e A.'~inich ' ' "[
On this, the 31 st day of July, 2003, before me, a notary public, personally appeared Sherie A.
Minich known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit
and acknowledged that she executed the same for the purposes therein contained.
WITNESS, my hand and notarial seal the day and year aforesaid.
My Commission Expires:
I" Notadal Seal -
S. Dawn GMdfelter, Notary Public
Dillsburg Boro, York County
My Commission Expires May 17, 2005
Member, PennsylvaniaAssociatlon o/Notaries
item 4 if Restncted De,ve~ ~s a~ .
· print your name and address on the reverse
so that we can return'fne-card to you.
· Attach this card to the back of the rnai~piece,
or on the front if space permits.
1. Article Addressed to:
B. Received by ( Prin~ed Name)
). Is detive~y eddress different fl~m item
If YES. ente' delive~ address below:
Agent
yes
No
I Mail [] E~ress Mail
[[~eturn Receipt for Merchandise
[] Registel~ed
I-I Insured Mai.~[ [] C.O.D. ~ --
Restricted Delive~/? (Ex,re Fee)
~s Form 3811, August 2001
7001 1940 0004 1161 2193
Domestic Return Re~.~ipt
102595~2oM-1035
EXHIBIT "A"
REBEKAH L. WOLFE, *
Plaintiff, *
*
CHRISTOPHER J. BURROUGHS, *
Defendant. *
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-3084
CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
I, Sherie A. Minich, being duly sworn, deposes and says that she is an adult and that she served a
tree and correct copy of the Custody Conciliation Order, at the Defendant's last known address as follows:
Christopher J. Burroughs, 14125 Greeley Highway, Lot 42, Cheyanne, Wyoming, 82007, by certified mail,
restricted delivery, return receipt requested on the 1 lth day of July, 2003. The Certified Mail Receipt and
PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto.
Date: July 31, 2003
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF YORK :
WILEY, LENOX, COLGAN
& MARZZAC~O, P.C
BY: ~ en~e A ~v~i~nici~ ~/~
On this, the 31 st day of July, 2003, before me, a notary public, personally appeared Sherle A.
Minich iknown to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit
and acknowledged that she executed the same for the purposes therein contained.
WITNESS, my hand and notarial seal the day an~id.~s sUl' O~ nL4~I!~-
Notarial Seal
, S. Dawn Gladfelter, Notary Pub ic
M Dillsbur~l Boro York County
I y Commission Expires May 17, 2005
Membe~ Pennsylvania AsSoclabon of Notaries
C]
r~1 Postage
Return Receipt Fee
(Endorsement Required)
JUL 3
Reslficted Delivery Fee ~/2~
(Endorsement R~ulmd)
07/
........................
· Complete items 1, 2, and 3. Nso complete
item 4 if Restricted Delivery is desired.
· Pdnt 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. ArtlcleAddressed to:
. Article Number
cr~f~r f~om servic~/~) 7 0 D 1
PS Form 3811, August 2001
r [] Addressee
. ' y ( ' ed Name) C. Da~e Of ~Belivery
D. Is delivery address different from item 17 []
If YES, enter deliver? address below: [] No
3. Service Type
[] Certified Mail [] Express Mail
[] Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fse) [] Yes
1940 0004 1161 2186
Domestic Return Receipt
EXHIBIT "A"
SEP 0 2 2003
REBEKAH L. WOLFE,
Plaintiff
V
CHRISTOPHER J. BURROUGHS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 2003 - 3084 CIVlL
: IN CUSTODY
CO~TO~ER
AND NOW, this ,~ day of 2003, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
The parties shall submit themselves to a custody evaluation to be performed
by an evaluator selected by legal counsel for the parties. If available, the
parties have agreed that the office of Reigler & Shienvold will perform the
evaluation. Costs of the evaluation shall be shared between the parties. The
parties shall ensure that they and the minor children will cooperate in the
evaluation.
Upon the conclusion of the evaluation and in the event the parties are unable
to reach an agreement at that time, counsel for the parties may again contact
the conciliator to schedule a conference either via a telephone conference call
or an in person conference.
Pending further order of this court, this court's prior order of July 18, 2003
shall remain in effect.
On or before September 5, 2003, Father shall comply with this court's prior
order of July 18, 2003 whereby he is mandated to reimburse Mother for
$165.00 for the plan ticket to Florida. Additionally, Father shall also
reimburse Mother $205.50 prior to that date which represents reimbursement
relating to a plane ticket that Mother purchased to return the children from
Wyoming.
In the event legal counsel for the parties need to address any issues prior to
the completion of the evaluation, they may contact the conciliator directly for
a conference call.
Jo
Edward E. Guido
CC:
/~ttethony. T. Mc.B. eth, Esquire
phame L. M~halko, Esquire
REBEKAH L. WOLFE,
Plaintiff
V
CHRISTOPHER J. BURROUGHS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION- LAW
:
: NO. 2003 - 3084 CIVIL
: IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMM,MIY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
David Eugene Burroughs, born November 10, 1990; Sarah Lynn Burroughs, born
January 1, 1992; and Mary Maxine Burroughs, born October 22, 1995.
A Conciliation Conference was held via a telephone conference call on August 22,
2003, with the following individuals: Attorney Anthony T. McBeth who represents
the Father and Attorney Stephauie L. Mihalko, who represents the Mother.
Based upon that conversation, the conciliator recommends an order in the form as
attached.
~uUsbteo~yX~ 2~i~io~r s quir e
REBEKAH L. WOLFE,
Plaintiff
VS.
CHRISTOPHER J. BURROUGHS,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY,
* PENNSYLVANIA
,
* NO. 03-3084
* CIVIL ACTION-LAW
* CUSTODY
PETITION FOR CIVIL CONTEMPT FOR DISOBEDIANCE OF CUSTODY ORDER
The Petition of Petitioner, Rebekah L. Wolfe, respectfully represents:
1. That on July 18, 2003, Judge Guido entered an Order directing Respondent to
reimburse Petitioner $165.00 for the plane ticket to Florida. A true and correct copy of the Order
is attached to this petition.
That on September 3, 2003, Judge Guido entered an Order directing Respondent
to reimburse Petitioner $205.50 representing the cost of the plane ticket that Petitioner purchaed
to return the children from Wyoming. A true and correct copy of the order is attached to this
petition.
2. Respondent has willfully failed to abide by the order in that Respondent has not
reimbursed Petitioner the $165.00 as ordered on July 18, 2003, nor has Respondent reimbursed
Petitioner the $205.50 as ordered on September 3, 2003.
3. Respondent is representing himsel£ Anthony T. McBeth, Esquire no longer
represents Respondent. Therefore, we do not have concurrence of opposing counsel.
WHEKEFORE, Petitioner requests Respondent be held in contempt of court.
Date:
P, espectfully Submitted By,: , z
./J~--~ L.
r-Stel~hanie L. Mihalko, Esquire
Wiley, Lenox, Colgan & Marzzacco, P.C.
The Wiley Group
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
Supreme Court ID#86998
REBEKAH L. WOLFE,
Plaintiff
V.
CHRISTOPHER J. BURROUGHS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3084 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this 18th day of July, 2003, after
hearing, we are satisfied that the children are not in danger.
T~e'a~re~ment of the pa~i~s ~f'fect£~e Jun~ 1, 2002, and entered
as an Order of the Court of Gilchrist County, Florida is adopted
by this Court as a Temporary Order pending conciliation and
further Order of Court.
Plaintiff may recover the cost of the $165.00 for
the plane ticket to Florida from the amounts due Defendant
pursuant to Paragraph I of the prior Order. In addition, Mother
shall be entitled to unfettered access to the children by
telephone up to two times per day until they return on the
scheduled date pursuant to the Florida Order.
By the Court,.,
Edward E. Guido, J.
A tephanie L. Mihalko, Esquire
ttorney for Plaintiff
Anthony T. McBeth, Esquire
Attorney for Defendant
srs
SFP 0£20 3 ?
REBEKAH L. WOLFE,
Plaintiff
V
CHRISTOPI-IER J. BURROUGHS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACT;ION - LAW
NO. 2003 - 3084 CIVIL
IN CUSTODY
CO~TO~ER
AND NOW, this ,&____ day of t 2003, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
ILo
The parties shall submit themselves to a custody evaluation to be performed
by an evaluator selected by legal counsel for the parties. If available, the
parties have agreed that the office of Relgler & Shienvold will perform the
evaluation. Costs of the evaluation shall be shared between the parties. The
parties shall ensure that they and the minor children will cooperate in the
evaluation.
Upon the conclusion of the evaluation and in the event the parties are unable
to reach an agreement at that time, counsel for the parties may again contact
the conciliator to schedule a conference either via a telephone conference call
or an in person conference.
Pending further order of this court, this court's prior order of July 18, 2003
shall remain in effect.
On or before September 5, 2003, Father shall comply with this court's prior
order of July 18, 2003 whereby he is mandated to reimburse Mother for
$165.00 fo/- the plan ticket to Florida. Additionally, Father shall also
reimburse Mother $205.50 prior to that date which represents reimbursement
relating to a plane ticket that Mother purchased to return the children from
Wyoming.
In the event legal counsel for the parties need to address any issues prior to
the completion of the evaluation, they may contact the conciliator directly for
a conference call.
Edward E. Guido
Anthony T. McBeth, Esquire
Stephanie L. Mihalko, Esquire
TRUE COPY FROM R1;CORD
In T%~i'mony wh~o4~f', I here unto set my hand
REBEKAH L. WOLFE,
Plaintiff
V
CHRISTOPHER J. BURROUGHS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION- LAW
:
: NO. 2003-3084 CIVIL
: IN CUSTODY
Prior Judge: Edward E. Guido
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:
The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
David Eugene Burroughs, born November 10, 1~0; Sarah Lynn Burroughs, born
January 1, 1992; and Mary Maxine Burroughs, born October 22, 1995.
A Conciliation Conference was held via a telephone conference call on August 22,
2003, with the following individuals: Attorney Anthony T. McBeth who represents
the Father and Attorney Stephanie L. Mihalko, who represents the Mother.
Based upon that conversation, the conciliator recommends an order in the form as
attached.
VERIFICATION
I, Stephanie L Mihalko, Esquire, verify that the contents of the foregoing Petition
for Civil Contempt for Disobediance of Custody Order are true and correct to the best of my
knowledge, information and belie~ I am authorized to respond based upon information provided by
Rebekah Wolfe and in my capacity as her counsel.
I understand that I am subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities for any false statements that ][ made in the foregoing document.
Date: ? I I .17d,
' S~ephame L. Miha]~o, Esquire
REBEKAH L. WOLFE
PLAINTIFF
V.
CHR/STOPHER J. BURROUGHS
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
03-3084 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, September 25, 2003 , upon consideration of thc 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 Thursday, October 23, 2003 at 9:30 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 TttE COURT,
By: /s/ Hubert X. Gilroy. Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
w/th 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
REBEKAH L. WOLFE,
Plaintiff,
vs.
CHRISTOPHER J. BURROUGHS,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-3084
CIVIL ACTION - LAW
CUSTODY
CERTIFICATE OF SERVICE_
I, Bradley A. Winnick, Esquire, hereby certify that I serviced a copy of an Order of Court
scheduling a Conciliation Conference on the Contempt Petition in the above-captioned matter upon the
person(s) and in the manner indicated below on October 1, 2003, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United
States mail, first-class postage prepaid, as follows:
Christopher J. Burroughs
5604 US Highway 30
Cheyenne, WY 82001
Date: to/"t]~ By:
Bradley A. Winnick, Esquire
Supreme Court I.D. #78413
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
(Attorney for Plaintiff)
REBEKAH L. WOLFE,
Plaintiff
¥$.
CHRISTOPHER J. BURROUGHS,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY,
* PENNSYLVANIA
*
* NO. 03-3084
*
* CIVIL ACTION-LAW
* CUSTODY
PRAECIPE TO WITHDRAW PETITION FOR CONTEMPT
TO THE PROTHONOTARY:
Kindly withdraw the Petition for Civil Comempt for Di~abedience of Custody Order
which was filed by Plaintiff on September 19, 2003.
By:
Very truly yours,
WILEY, LENOX.~ COLGAN & MARZZACCO
Brad~/A. Winnick, Esquire
ID # ~78413
130 W. Church Slxeet
Dillsburg, PA 170q9
(717) 432-9666
Attorney for Plaintiff
Dated: October 20, 2003
REBEKAH L. WOLFE, *
Plaintiff, *
vs. * NO. 2003-3084
CHRISTOPHER J. BURROUGHS, * CIVIL ACTION - LAW
Defendant. * CUSTODY
OCTAVO 2003
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties stipulate and agree as follows:
I. LEGAL CUSTODY
1. The parties hereby agree to share legal custody of the minor children, David
Eugene Burroughs, bom November 10, 1990; Sarah Lynn Burroughs, born January 1,
1992; and Mary Maxine Burroughs, bom October 22, 1995. All decisions affecting the
children's growth and development including, but not limited to: choice of camp, if any;
choice of day care provider; medical and dental treatment; psychotherapy,
psychoanalysis, or like treatment; decisions relating to potential litigation involving the
children, directly or as beneficiary, other than custody litigation; education; scholastic
athletic pursuits and other extracurricular activities; shall be considered major decisions
and shall be made by the parents jointly, with the view towards obtaining and following
harmonious policy in the children's best interest.
2. Each party agrees to keep each other informed of the progress of the children'~
education and social adjustments. Each party agrees not to impair the other party's
right to shared legal or physical custody of the children. Each part agrees to give
support to the other in the role as parent and to take into account the consensus of the
other for the physical and emotional well-being of the children.
3. While in the presence of the children, neither parent shall make, or permit any
other person to make any remarks, nor act in any way, which could in any way be
construed as derogatory or uncomplimentary to the other parent. It shall be the express
duty of each parent to uphold the other parent as one whom the children should respect
and love.
4. It shall be the obligation of each parent to make the children available to the
other in accordance with the physical custody schedule and to encourage them to
participate in the plan hereby agreed and ordered.
5. Each parent shall have the duty to notify the other of any event or activity that
could reasonably be expected to be of significant concern to the other parent.
6. The parents shall communicate through a self-appointed mediator(s) for any
issue requiring consultation and agreement and regarding any proposed modification to
the physical custody schedule, which may from time to ~ime become necessary, and
shall not use the children as messengers.
7. With regard to any emergency decisions, which must be made, the parent with
whom the children are physically residing at the time shall be permitted to make the
decision necessitated by the emergency. However, that parent shall affempt to inform
the other of the emergency within 24 hours, but contact will be made as soon as
possible. Day-to-day decisions of a routine nature shall be the responsibility of the
parent having physical custody at the time.
8. Each parent shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of any reports given to them as a parent.
Such documents include, but are not limited to, medical reports academic and school
report cards, birth certificates, etcl Both parents may attend school conferences and
activities.
9. Neither parent shall schedule activities or appointments for the children that
would require their attendance nor participation at said activity or appointment during a
time when they are scheduled to be in the physical custody of the other parent without
the express approval of the other parent.
II. PHYSICAL CUSTODY
The parents shall share physical custody of the children. Mother shall have
primary physical custody. Father shall have partial physical custody as determined by
this agreement. The following schedule shall apply:
1. Thanksgiving vacation will be with Father even/year starting in November of
2004.
2. Father will inform Mother via mediator of the transportation itinerary for the
children sixty (60) days prior to the beginning of the Thanksgiving holiday.
Father will provide round trip airfare for the Thanksgiving holiday. Mother will
reimburse the father for half of the airfare by money order, through certified
mail, within sixty (60) days after receiving proof (receipt) that airfare has been
pumhased
3. Father shall have four (4) weeks of physical custody of the children during
summer. Father's physical custody of the children will begin two (2) days affe
school concludes for the summer.
The Father will give the Mother thirty (30) days written notice if he plans on
exercising physical custody over the summer vacation and will provide mothe
with thirty (30) day written notice of the transportation itinerary.
Father is responsible for the cost of transportation for the children to be
transported to him on summer visitation. Mother is responsible for the cost of
the return of the children to her after summer visitation.
Father and Mother are responsible for booking airfare to the closest major
airport of each parent's residence to avoid a long drive in acquiring custody c
the children.
III. TELEPHONE PRIVILEGES
The parties agree that there shall be reasonable telephone access between the
children and both parents. The parents are encouraged to call before 8:00 p.m. so as to
not interfere with the children's bedtime. The children shall be permitted free access to
place calls to their parents at any time they desire.
IV. DEROGATORY COMMENTS
Each parent and each parent's spouse will refrain from using derogatory
comments about the other parent or their spouse at all times. Each parent shall
encourage the relationship with the other parent and not place the children in the middle
of the parties' problems with each other.
This stipulation shall be entered as an Order of the Court and shall replace any
previous agreements or stipulations from any other Courts.
/Br~]l~'y ~.. Winnick, Esquire
Attorney for Plaintiff
v~'~fi~ph~urroughs, Defendant
Pro Se
NOV 0 3 2003
REBEKAH L. WOLFE,
Plaintiff
V
CHRISTOPHER J. BURROUGHS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
..
: CIVIL ACTION - LAW
:
: NO. 2003-3084 CIVIL
: IN CUSTODY
COURT ORDER
i
AND NOW, this ~ day of October, 2003, the conciliator being advised the parties have
reached an agreement, the conciliator relinquishes jurisdiction.
BY THE COURT,
Hubert X. Gil.r..oy /
Custody Concd~ator /