Loading...
HomeMy WebLinkAbout99-07370ion L JOHN B. BURTNETT, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.99-73 yo CIVIL TERM KIMBERLY L. BURTNETT, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW this 1(o day of?em?C( > 1999, upon consideration of the attached complaint, it qqis hereby directed that the parties and their respective counsel appear before & ? ; the conciliator, at' W•?? 6 on the ? day =Lli w A•M. For a Prehearing Custo y Conference. At such of K.S T? , at ' 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT: By:JNdo t 4 (? 1 .11.1 t - 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717) 240-6200 ??",Nt 511 ?r^'fil 1'n n ?? N ade Mram JOHN B. BURTNETT, JR., . IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-.7.x•70 CIVIL TERM KIMBERLY L. BURTNETT, CIVIL ACTION - LAW Defendant . IN CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff is John B. Burtnett, Jr., an adult individual currently residing at 337 W. Green St., Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Kimberly L.Burtnett, an adult individual currently residing at 114 S. Broad St., Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are married. 4. John Burtnett, Jr., is the stepfather of Ryan M. Clement, bom September 8, 1985 and Denise N. Clement, born April 18, 1987. 5. Kimberly is the natural mother. 6. The natural father of Ryan M. Clement is Robert Holtzman who is believed to live somewhere in Ocean City, Maryland, but has had no contact or limited contacted with his son since birth. The natural father of Denise N. Clement is Mark Foster who lives somewhere in Mechanicsburg, Pennsylvania, but has had no contact or limited contact with his daughter since birth. 8. During the past five years the children have resided with the following individuals at the following addresses for the following periods of time: NAME ADDRESS The Parties: Jonathon N. Burtnett(Plaintifrs child) 337 W. Green St. Aaron J. Burtnett (Parties' child) Mechanicsburg, PA Mary Elizabeth Burtnett (Parties' child) Kimberly L. Burtnett 114 South Broad St. Brad Wolfe (boyfriend) Mechanicsburg, PA Zachary Jordon Wolfe (boyfriend's child) Eric Matthew Wolfe (boyfriend's child) Cole Samuel Wolfe (boyfriend's child) Aaron J. Burtnett (Parties' child) Mary Elizabeth Burtnett (Parties' child) DATE 1994 -July 10, 1999 July 10, 1999 - Present 9. Plaintiff has not participated as a party or witness or in any other capacity in any litigation concerning custody of the children. 10. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth, although the parties are involved in a custody proceeding regarding their two natural children, namely, Aaron J. Burtnett and Mary Elizabeth Burtnett, docketed to Number 99-5662 in the Court of Common Pleas of Cumberland County, Pennsylvania. 11, The best interest and permanent welfare of the children will be served by granting the relief requested because: a. For the past ten (10) years the stepfather has provided love, supportand care for the children who are the subject of this Petition; and b) The natural mother of the children has refused to allow reasonable contact with the children and their stepfather. 12. 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 a Custody Conciliation Conference followed by a hearing, at which time he should be granted primary custody of the children. Respectfully submitted, L. Rex ley 121 outh St. arrisburg, PA 17101 (717) 234-0577 (717) 234-7832 Attorney for Plaintiff VERIFICATION I, John B. Burtnett, Jr., verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my information, knowledge and belief. I understand that false statements made herein are made subject to Pa.C.S.A.§4904 relating to unsworn falsification to authorities. Date:_ %2.7 , 9 2 John B. Burtnett o „ Y:- u.i 07) ,C bl .J Q' U JOHN B. BURTNETT, JR., Plaintiff V. KIMBERLY L. BURTNETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7370 CIVIL TERM IN CUSTODY PRELIMINARY OB ECTION TO HONORABLE JUDGES OF SAID COURT: Defendant, Kimberly L. Burtnett, by and through her counsel of record, Kristen Goddard Donsen, and the law firm of GRIFFIE & ASSOCIATES, files Preliminary Objections to the Complaint for Custody filed in the above captioned matter: 1. A Complaint for Custody was filed by the above named Plaintiff, John B. Burtnett, Jr., on December 8, 1999. 2. Although Defendant was not served the above captioned Complaint by certified mail or personal service, undersigned counsel is attorney of record for Defendant and received a true and attested copy of the Complaint by first class mail on December 22, 1999. 3. By Order of Court dated December 16, 1999, a custody conciliation was scheduled for February 1, 2000, at 9:00 a.m. with Dawn S. Sunday, Esquire. 4. The children at issue in the Complaint for Custody are Ryan M. Clement, born September 8, 1985, and Denise N. Clement, bom April 19, 1987. 5. The Plaintiff is the step-father of the children at issue and has no biological relationship to said children. 6. The Defendant is the biological mother of the children at issue and has had primary physical custody of the children since their birth. 7. The Plaintiff is an unrelated third party and has no standing to ask for primary physical custody of his step-children. WHEREFORE, Defendant requests your Honorable Court to dismiss the Complaint for Custody filed in the above captioned action due to lack of standing. Respectfully submitted, Kristen Godda Donsen, Esquire Attorney for Defendant 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: I a--,) 2 I Q KIMBERLY L. BURTNETT, Defendant ,, O '7 i_ C) JOHN B. BURTNETT, 1R- Plaintiff V. KIMBERLY L. BUR p dart IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7370 CIVIL TERM IN CUSTODY t` ?l RU W ARY OR TION TO HONORABLE JUDGES OF SAID COURT: Defendant, Kimberly L. Burtnett, by and through her counsel of record, Kristen Goddard Donsen, and the law firm of GRIFFIE & ASSOCIATES, files Preliminary Objections to the Complaint for Custody filed in the above captioned matter: 1. A Complaint for Custody was filed by the above named Plaintiff, John B. Burtnett, Jr., on December 8, 1999. 2. Although Defendant was not served the above captioned Complaint by certified mail or personal service, undersigned counsel is attorney of record for Defendant and received a true and attested copy of the Complaint by first class mail on December 22,1999. 3. By Order of Court dated December 16, 1999, a custody conciliation was scheduled for February 1, 2000, at 9:00 a.m. with Dawn S. Sunday, Esquire. 4. The children at issue in the Complaint for Custody are Ryan 'vi. Clement, born September 8, 1985, and Denise N. Clement, born April 19, 1987. 5, The Plaintiff is the step-father of the children at issue and has no biological relationship to said children. Z, _ -- 6. The Defendant is the biological mother of the children at issue and has had primary physical custody of the children since their birth. 7. The Plaintiff is an unrelated third parry and has no standing to ask for primary physical custody of his step-children. WHEREFORE, Defendant requests your Honorable Court to dismiss the Complaint for Custody filed in the above captioned action due to lack of standing. Respectfully submitted, Kristen Goddard Von?en, Esquire Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 0 ,r 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: 1?'MgERLY L UR[T1ETT, Defendant PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court_ CAPTION OF CASE (entire caption must be stated in full) JOHN B. BURTNETT, JR., VS. KIMBERLY L. BURTNETT, (Plaintiff) (Defendant) No. 737n Civil ACTION 1999 IN CUSTODY 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who wi11 argue case: (a) for plaintiff: L. Rex Bickley, Esquire Address: 121 South Street Harrisburg, PA 17101 (b) for defendant: Kristen Goddard Donsen, Esquire Address: 200 North Hanover Street Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 1, 2000 Dated: Attorney £or De ndant o Iy J- CL ?? J Cl) V_ 1 Y 1 A W Vii- C. :.t 41 :A CL F?• J °o U JOHN B. BURTNETT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSLYVANIA VS. : CIVIL ACTION -LAW KIMBERLY L. BURTNETT, : NO. 99-7370 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I certify that I sent a copy of a Praecipe for Listing Case for Argument to the following: L. REX BICKLEY, Esquire 121 South Street Harrisburg, PA 17101 by first class mail, postage prepaid on January 17, 2000. Date: T? 1T z z Kristen GoddiM Donsen, Esquire Attorney for Defendant 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 u N W(-: CV Y? W it J ( CIO C? U J JOHN B. BURTNETT, JR., Plaintiff vs. KIMBERLY L. BURTNETP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTYr PENNSYLVANIA CIVIL ACTION - LAW N0. 99-7370 IN CUSTODY ORDER OF COURT AND NOW, this 1st day of March, 2000, the Conciliator, having received no request from parties or counsel to reschedule the Custody Conciliation Conference originally set for February 1, 2000, hereby relinquishes jurisdiction in this case. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator rr J_. • ;NOTMY 001; -T AH 9:52 CU;,is_'riu r J COL'N PENN-S'(1- VAN!A EA.