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HomeMy WebLinkAbout07-7410% GREGORY E. MICHAEL and ROSEMARY E. MICHAEL Plaintiffs VS. GINGER M. BJURSTROM and, NATHANIEL G. MICHAEL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. () I - -7 y 10 L? U ( -{'a4, IN CHILD CUSTODY Prior Judicial Assignment (in a related case regarding this child): J. Wesley Oler, Jr, Judge Prior Conciliator (in related case regarding this child): Melissa P. Greevy, Esquire COMPLAINT FOR PARTIAL CUSTODY AND/OR VISITATION AND NOW, come Plaintiffs, Gregory E. Michael and Rosemary E. Michael, by and through their counsel, Linda A. Clotfelter, who file this Complaint for Partial Custody and/or Visitation, respectfully stating the following: 1. Plaintiffs are Gregory E. Michael and Rosemary E. Michael, (hereinafter referred to as "Grandparents"), adult individuals who reside at 7372 Spring Road, New Bloomfield, Perry County, Pennsylvania 17068. Grandparents are the paternal grandparents of the children that are the subject of this custody proceeding. 2. Defendant, Ginger M. Bjurstrom, (hereinafter referred to as "Mother"), is an adult individual who currently resides at 617 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Defendant, Nathaniel G. Michael, (hereinafter referred to as "Father"), is an adult individual who currently resides at 7432 Spring Road, New Bloomfield, Pennsylvania. 4. Grandparents seek partial custody and/or visitation of Lawson Gregory Michael, born January 18, 2002, age (5) years; and McKayla Ashley Michael, born August 24, 2000, age a (7) years. The children were born out of wedlock. i V 5. The children are presently in the custody of Mother who resides at 617 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 6. During the past five years, the children have resided with the following persons at the following addresses for the following periods of time: NAME Ginger M. Bjurstrom Nathaniel G. Michael Ginger M. Bjurstrom Nathaniel G. Michael Ginger M. Bjurstrom Nancy Bjurstrom (Maternal Grandmother) Dennis Schaffner (Maternal Grandmother's paramour) Ginger M. Bjurstrom ADDRESSES DATES 4 South View Circle 8/24/00-6/10/05 Shermansdale, Perry County 7432 Spring Road 6/10/05-8/21/05 New Bloomfield, Perry County 15 Roosevelt Street 8/21/05-6/06 Enola, Cumberland County 617 Bosler Avenue 6/06-present Lemoyne, Cumberland County 7. The relationship of the Plaintiffs to the children is that of natural paternal grandparents. The relationships of Defendants to the children are natural Mother and Father. The Defendant/Mother resides with the children and Defendant/Father resides alone. 8. Plaintiffs have not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children. However, a current Order of Court is filed to Civil Docket No. 06-5292 granting custody of the minor children to Defendant/Mother and supervised visitation of the minor children to Defendant/Father. A true and correct copy of the Order is attached hereto as Exhibit "A" and is incorporated herein. 9. Plaintiffs 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. S 10. The best interests and permanent welfare of the Children will be served by granting the relief requested for the following reasons: a) It is important for the children's social and emotional development to have a relationship with their grandparents and other extended family. b) The children have bonded strongly with their grandparents due to significant contact when the family was intact and a stronger bond developed when the paternal grandmother (Plaintiff herein) provided daycare for the children three days per week for approximately 5-6 hours per day for approximately one year. c) Due to Mother and Father's separation in August, 2005, and the deterioration of their relationship, Grandparents have been unable to see the children through either parent. Although Mother said she would "think" about permitting Grandmother time with the children, she has failed to follow through with a response and has changed her telephone number. In September, 2007, when Grandmother attempted to deliver McKayla's birthday gift, she was directed by Mother's boyfriend and roommate, to remove herself from the porch where the children reside. d) Because of the strong prior relationship Grandparents had with the children, they feel it is important to have time with them so that throughout their lives the children know that their Grandparents are there for them as a confidants, friends, or otherwise in the same way that they are available for their other granddaughter Caitlin Zeigler, their cousin age (11). e) Grandparents feel strongly about participating as fully as possible in the children's lives to the extent that is permitted by Pennsylvania law. f) Grandparents are unable to rely upon their son, Father, for contact with the children due to Father's personal issues and the current Order limiting his contact with the children to supervised visits at the YWCA in Harrisburg and therefore, the only way for the Grandparents to have any contact with his children would be by order of court for partial custody and/or visitation. WHEREFORE, Plaintiffs, Gregory E. Michael and Rosemary E. Michael, respectfully request that this Court enter an appropriate order for partial custody and/or visitation with the children, Lawson Gregory Michael and McKayla Ashley Michael, and granting such other relief as this court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire At rney ID No. 72963 1 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiffs GREGORY E. MICHAEL and ROSEMARY E. MICHAEL Plaintiffs VS. GINGER M. BJURSTROM and, NATHANIEL G. MICHAEL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07- 74//6 ( I j, I IN CHILD CUSTODY VERIFICATION We, Gregory E. Michael and Rosemary E. Michael, verify that the statements in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: 1" tiv Date: la GREGO E CHAEL zcl"V?? ?- . -JLJ-. ROSEMARY E. CHAE flU V V 40 1- GINGER M. BJURSTROM, Plaintiff v_ NATHANIEL G. MICHAEL, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5292 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, ±f,is /..# day of November, 2006. upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Mother shall have legal custody of the minor children, Lawson Gregory Michael, born January 18, 2002, and McKayla Ashley Michael, born on August 24, 2000. 2. Physical Custody. Mother shall have primary physical custody of the minor children. Father shall have supervised visitation up to two times per week at the Harrisburg YWCA. In order for supervised visits to occur. Father shaii contact the Harrisburg YWCA at 1-800-654-1211 and notify Mother's counsel after he has done so. 3. Father shall participate in a drug and alcohol evaluation, at his expense and follow up with any treatment which is recommended by the evaluator. The evaluator shall be a certified addictions counselor. Mother shall be given notice of the provider which Father selects for the chemical evaluation and shall be given an opportunity to provide her observations and experience with Father and her allegations regarding his chemical dependency issues. 4. if Father has attended the Seminar for Separating Families, or a comparable program, Father shaii fiie a certificate with this Court and shall provide a Copy Of t hie certificate to Mother's counsel. If Father has not attended the Seminar for Separating Families, he shall do so within sixty (60) days of the date of this Order and file a certificate of attendance with the Court, copied to opposing counsel, within ten (10) days after his attendance at the seminar. NO- Ub-bZVZ UIVtI_ I =MIVI 5. The terms of this Order are temporary in nature and maybe subject to modification upon the agreement of the parties. Upon completion of the drug and alcohol evaluation and any treatment recommended by the evaluator, Father may petition the Court for modification of this Order. BY THE COURT: J. Des': Natna^iel : Nlict?ael, 1432 Spmg Road, New Bloomfield. PA 17068 Wendy J. l: Grella Esquire. 3618 North Sixth Street. P.O. Box 5292, Harrisburg, PA 17110 T"- WPY FROM RAW 19160(, f hefe uno ;? Mr rA? Ole Sw J n . 4 ' f `ry =7 N o GREGORY E. MICHAEL AND ROSEMARY E. MICHAEL PLAINTIFF V. GINGER M. BJURSTROM AND NATHANIEL G. MICHAEL DEFENDANT . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2007-7410 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 12, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 08, 2008 at 10:00 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John J. Mandan, jr., 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 =I 1 :7D Ildl Z 1 130 LUR GREGORY E. MICHAEL AND ROSEMARY E. MICHAEL, Plaintiff V. GINGER M. BJURSTROM AND NATHANIEL G. MICHAEL Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL, ACTION -LAW : NO. 2007-7410 IN CUSTODY DEFENDANT. GINGER BAWTROM'S. MOTION TO DISMISS PLAINTI F'F'S COMPLAINT FOR CUSTODY AND NOW, this le day of January, 2008, comes the Defendant, Ginger Bjurstrom, by and through her attorney, Wendy J. F. Grella, Esquire, and files this Motion to Dismiss Plaintiff's Complaint for Custody and in furtherance thereof states as follows: 1. Plaintiffs filed a Complaint for Custody on December 10, 2007, seeking custody and visitation of their grandchildren, Lawson Gregory Michael and McKayla Ashley Michael. 2. Undersigned counsel was not served with a copy of the Complaint until after December 15, 2007. 3. Plaintiffs lack capacity to sue, pursuant to Pa. R.C.P. 1028(a)(5) as well as, lack standing pursuant to 23 Pa.C.S.A. §§5312 and 5313 to claim custody or visitation rights of the grandchildren. 4. Additionally, Plaintiffs' Complaint fails to state grounds sufficient to assert standing to pursue custody and/or visitation of the children. 5. Defendant Mother believes visitation rights or partial custody, or both, would not be in the best interest of the children and would interfere with the parent-child relationship. 6. Factually, Defendants, Mother and Father, were never married and separated on August 21, 2005. 7. Defendant Mother, Ginger Bjurstrom, obtained a Protection from Abuse (PFA) order against Defendant Father, Nathaniel Michael in late August, 2005. 8. As Plaintiffs Complaint indicates, an Order of Court was entered in the Cumberland County Court of Common Pleas at Docket No. 06-5292 granting custody of the children to Defendant Mother and supervised visitation of the minor children to Defendant Father. 9. To date, Defendant Father has never exercised his supervised visitation rights. 10. Plaintiff Grandmother's only contact with the children was when she arrived at Defendant Mother's residence, unannounced and uninvited on April 20, 2007, and made inappropriate remarks to the minor children as to why their father was not seeing them; and on September 18, 2007, when Plaintiff Grandmother again arrived at Defendant/Mother's residence unannounced, uninvited, and 25 days after the minor granddaughter's birthday to give the child her birthday presents. 11. The above two dates were the only two personal appearances made by Grandmother since October, 2006. 12. It is believed that Plaintiff Grandfather has not had contact with the children since at least October, 2006. 13. Defendant Mother has continued to be the sole caretaker of the children. 14. Defendant Mother has continued to provide physical, emotional and spiritual support for her children. 15. It is believed and therefore averred that any visitation rights or partial custody, or both, which might be awarded to Plaintiff Grandparents would not be in the best interest of the children and would interfere with the parent-child relationship. WHEREFORE, Defendant, Ginger Bjurstrom, respectfully requests Your Honorable Court to dismiss Plaintiffs' Complaint for Custody for lack of capacity to sue, pursuant to Pa. R.C.P. 1028(a)(5) as well as, lack of standing pursuant to 23 Pa.C.S.A. §§5312 and 5313. Additionally, Defendant Ginger Bjurstrom respectfully requests Your Honorable Court to dismiss Plaintiffs' Complaint for Custody as visitation rights or partial custody, or both, would not be in the best interest of the children and would interfere with the parent-child relationship. Respectfully submitted, Wendy J. F. Grell Attorney for Defe dant, r Bjurstrom 3618 N. a Street Harrisburg, PA 17110 Phone: (717) 234-6001 Fax: (717) 234-6050 ?? c= , ' c... ,'° T? r-, ?,? ?_'? ??? . _ -,? __ =;, ?.? =s GREGORY E. MICHAEL AND : IN THE COURT OF COMMON PLEAS OF ROSEMARY E. MICHAEL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW GINGER M. BJURSTROM AND NO. 2007-7410 NATHANIEL G. MICHAEL Defendants : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO:PROTHONOTARY Please enter my appearance as counsel on behalf of the above-named Defendant, Ginger Bjurstrom. Thank You. DATE: Wendy J. F. tel sc 3618 N. 6t' S t P.O. Box 5292 Harrisburg, PA 17110 Phone: (717) 234-6001 Fax: (717) 234-6050 ? -n yY y."9'i _ - Eel "'.S C,3 GREGORY E. MICHAEL AND ROSEMARY E. MICHAEL, Plaintiff V. GINGER M. BJURSTROM AND NATHANIEL G. MICHAEL Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-7410 IN CUSTODY DEFENDANT, GINGER BJURSTROM'S, AMENDMENT TO MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR CUSTODY AND NOW, this 28" day of January, 2008, comes the Defendant, Ginger Bjurstrom, by and through her attorney, Wendy J. F. Grella, Esquire, and files this Amendment to Motion to Dismiss Plaintiff's Complaint for Custody and in furtherance thereof states as follows: 1. Defendant, Ginger Bjurstrom previously filed a Motion to Dismiss Plaintiff's Complaint for Custody. 2. The averments contained in said Motion to Dismiss are incorporated by reference in this Amendment. 3. On or about January 22, 2008, undersigned counsel received notification from the Cumberland County Court Administrator's office that additional information was required for the Motion. 4. In compliance with that notification, on Friday, January 25, 2007, undersigned counsel contacted Ms. Linda Clotfelter's office and was informed via message that Ms. Clotfelter does not concur with the granting of Defendant's Motion to Dismiss. 5. Additionally, other than paragraph 8 of Defendant's Motion to Dismiss, which states, "As Plaintiff's Complaint indicates, an Order of Court was entered in the Cumberland County Court of Common Pleas at Docket No. 06-5292 granting custody of the children to Defendant Mother and supervised visitation of the minor children to Defendant Father," it should be noted that said order was signed by the Honorable J. Wesley Oler, Jr. following a conciliation conference before Melissa Greevy, Esquire. WHEREFORE, Defendant, Ginger Bjurstrom, respectfully requests Your Honorable Court to dismiss Plaintiffs' Complaint for Custody for lack of capacity to sue, pursuant to Pa. R.C.P. 1028(a)(5) as well as, lack of standing pursuant to 23 Pa.C.S.A. §§5312 and 5313. Additionally, Defendant Ginger Bjurstrom respectfully requests Your Honorable Court to dismiss Plaintiffs' Complaint for Custody as visitation rights or partial custody, or both, would not be in the best interest of the children and would interfere with the parent-child relationship. Respectfully submitted, I _, Wendy J. F. Gre11 Attorney for Def nd Gi ger Bjurstrom 3618 N. 6"' SftQ(j Harrisburg, PA 17110 Phone: (717) 234-6001 Fax: (717) 234-6050 A W .. ?? ? C 'L7 is ? N A GREGORY E. MICHAEL : IN THE COURT OF COMMON PLEAS OF and ROSEMARY E. CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL, Plaintiffs V. CIVIL ACTION - LAW GINGER M. BJURSTROM : and NATHANIEL G. MICHAEL, Defendants NO. 07-7410 CIVIL TERM IN RE: DEFENDANT, GINGER BJURSTROM'S, MOTION TO DISMISS PLAINTIFF[S'] COMPLAINT FOR CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 4th day of February, 2008, upon consideration of the Complaint for Partial Custody and/or Visitation filed in the above-captioned matter, and of Defendant, Ginger Bjurstrom's Motion To Dismiss Plaintiffts'] Complaint for Custody, and it appearing that an existing custody case was commenced in this county at No. 06-5292 Civil Term, containing a custody order in full force and effect with respect to the children who are the subject of Plaintiffs' complaint for custody/visitation herein, and it appearing further that Plaintiffs were aware of this existing case when they commenced the present action, Plaintiffs' complaint is dismissed, without prejudice to their right to file a petition to intervene in the action at No. 06-5292 Civil Term and to assert their claims in that action, and without prejudice to the right of either party in that action to oppose the intervention on grounds of lack of standing. BY THE COURT, Jr esley lr, Jr., 91.01 HIV S- 83J 90BZ it _r,. v l :3 Hi Jo John J. Mangan, Esq. 57 West Pomfret Street Carlisle, PA 17013 Custody Conciliator ? Linda A. Clotfelter, Esq. 5021 East Trindle Road Suite 200 Mechanicsburg, PA 17050 Attorney for Plaintiffs Wendy J.F. Grella, Esq. 3618 North Sixth Street Harrisburg, PA 17110 Attorney for Defendant Ginger Bjurstrom LXathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Defendant, pro Se CoPI?-smacLEj- ?l sl og