HomeMy WebLinkAbout09-0451Karen W. Miller, Esquire
Attorney I.D. No. 200037
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
717-232-7661
Attorney for Plaintiff Scot L Burner
SCOT I. BURNER,
Plaintiff
VS.
JULIE A. BURNER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. n9 - y S- / Civil Term
CIVIL ACTION - LAW
COMPLAINT IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW comes the Plaintiff, Scot I. Burner, by and through his attorney, Karen W.
Miller, Esquire, Caldwell & Kearns, and respectfully presents the following Custody Complaint
with regard to the minor children identified in the following paragraphs, and files this Complaint;
and in support thereof avers as follows:
1. The Plaintiff is Scot Irwin Burner, an adult individual, who resides at 6326
Antilles Court, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17050.
2. The Defendant is Julie Anne Burner, an adult individual, who resides at 6225
Charing Cross, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17050.
3. Plaintiff and Defendant are the natural parents of the minor children whose names
are set forth in the immediately following paragraph.
4. Plaintiff seeks shared physical and shared legal custody of the following children:
Name Address Date of Birth/Age
Benjamin Scot Burner (boy) 6225 Charing Cross, October 5, 1994 - 14 years
Mechanicsburg, PA 17050
Collin Matthew Burner (boy) 6225 Charing Cross, September 2, 1996 - 12 years
Mechanicsburg PA 17050
5. The children were not born out of wedlock.
6. The children are presently in the custody of both parents, Scot I. Burner and Julie
A. Burner.
7. During the past five (5) years, the children have resided with the following
persons at the following addresses:
Name Address Date
• Scot I. Burner & 6225 Charing Cross birth - 2/2/07
Julie A. Burner Mechanicsburg, PA 17050
• Scot 1. Burner 6336 Galleon Drive 2/2/07 - 8/07
Mechanicsburg, PA 17050
• Julie A. Burner 6225 Charing Cross 2/2/07 - 8/07
Mechanicsburg, PA 17050
• Scot I. Burner & 6225 Charing Cross 8/07 - 11/19/08
Julie A. Burner Mechanicsburg, PA 17050
• Scot I. Burner 6326 Antilles Court 11/19/08-
Mechanicsburg, PA 17050
• Julie A. Burner 6225 Charing Cross 11/19/08-
Mechanicsburg, PA 17050
8. The father of the children is Scot I. Burner, currently residing at 6326 Antilles
Court, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17050.
9. The father of the children is married to the mother.
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10. The mother of the children is Julie A. Burner, currently residing at 6225 Charing
Cross, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17050.
11. The mother of the child is married to the father.
12. The Plaintiff avers that it is in the best interest and welfare of the minor children
that he be granted shared physical and shared legal custody.
13. The Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the minor children in this or another court.
14. Plaintiff has no information of a custody proceeding concerning the minor
children pending in a Court of this Commonwealth or any other state; or, indeed, for that matter,
in any other country upon the face of this earth.
15. Plaintiff does 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.
16. The best interests and permanent welfare of the minor children will be served by
granting the relief requested herein, because: father has and shall continue to provide a safe,
stable, healthy and consistent residence for the children.
17. Each parent whose parental rights to the children have not been terminated, and
the person who has physical custody of the children has been named as parties to this action.
18. It is believed that the parties will reduce their agreement to the Custody
Agreement, attached as Exhibit "A" and incorporated herein by reference.
WHEREFORE, the Plaintiff, Scot I. Burner, requests that Your Honorable Court grant to
him shared legal and shared physical custody of the minor children, to wit: Benjamin Scot
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Burner and Collin Matthew Burner, and grant to the Defendant shared legal and physical custody
of the minor child.
Respectfully submitted,
CALDWELL & KEARNS
Dated: _January 27, 2009 By: ??
Karen W. Miller
Attorney I.D. #200037
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff, Scot I. Burner
143625
4
J tJ Ll E A. B U RNER,
PLAINTIFF
VS.
SCOT 1. BURNER,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 0 - CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR CUSTODY
AGREEMENT AND STIPULATION FOR CUSTODY
JULIE A. BURNER (hereinafter sometimes referred to as "Mother") is an adult
individual with a present address of 6225 Charing Cross, Mechanicsburg, Cumberland County,
Pennsylvania, 17050.
SCOT I. BURNER (hereinafter sometimes referred to as "Father") is an adult
individual with a present address of
,Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
WHEREAS, BENJAMIN S. BURNER (hereinafter sometimes referred to as
"Benjamin"), born on October 5, 1994, and COLLIN M. BURNER, (hereinafter sometimes
referred to as "Collin"), born on September 2, 1996, are the natural children of Mother and
Father and are the subjects of this Agreement and Stipulation for Custody and are the natural
children of the Plaintiff and Defendant.
WHEREAS, Mother and Father agree and believe it is in the best interests of
Benjamin and Collin to have a meaningful ongoing relationship with their Mother and Father
in a safe, healthy, supervised and supportive environment during Mother and Father's
separation from marriage which is contemplated to occur on or about the date of this Agreement;
and
WHEREAS, unhappy experiences and differences of opinion have arisen during the
course of Mother and Father's marriage and Father has expressed his desire and intent to move
From the marital residence located at 6225 Charing Cross to a nearby residence wherein he will
live during the period of separation and Father has agreed that Mother will remain in the
marital residence during the period of separation, until further agreement of Mother, or further
Order of Court; and
WHEREAS, Mother and Father believe that their execution of this Stipulation and
Agreement for Custody is intended to minimize stress for the children during the period of
Mother and Father's separation, to provide both parents with a meaningful opportunity to share
time with the minor children and to develop a schedule or routine for the children so that the
minor children are with either parent in a safe, healthy, responsible and nurturing environment
and atmosphere at all times; and
NOW, THEREFORE, Mother, JULIE A. BURNER, and Father, SCOT I. BURNER,
have entered into a mutual agreement regarding the custody of their children, stipulating and
agreeing, as follows:
1. Mother and Father shall share Legal Custody (as defined in 23 Pa.C.S.A. Section
5302) of their minor children, BENJAMIN S. BURNER and COLLIN M. BURNER.
2. All decisions affecting their children's growth and development including, but not
limited to: choice of camp, if any; choice of medical and dental treatment; psychotherapy,
psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving
their children, directly or as beneficiary, other than custody litigation; education, both secular
and religious; scholastic athletic pursuits and other extracurricular activities shall be considered
major decisions and shall be made by Father and Mother, jointly, after discussion and
consultation with each other and with a view towards obtaining and following a harmonious
policy in their children's best interest.
3. Mother and Father agree to kelp the other informed of the progress of their
children's education and social adjustments. Mother and Father agree not to impair the other's
right to shared legal or physical custody of their children. Mother and Father agree 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 their children.
4. While in the presence of their children, neither Mother nor Father shall make or
permit any other person to make, any remarks or do anything 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 their children should respect and love.
5. 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 the children to participate in
the plan hereby agreed and ordered.
6. 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.
7. With regard to any emergency decisions which must be made, the parent with whom
their child(ren) are physically residing at the time shall be permitted to make the decision
necessitated by the emergency without consulting the other parent in advance. However, that
parent shall 1 nform the other of the emergency and consult with him or her 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. Mother and Father shall be entitled to complete and full information from a 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, etc. Both parents may and are encouraged to attend school conferences and
activities. Mother and Father's names shall be listed with the school as the parent able to pick
up the child(ren), to be contacted in the event of an emergency and to be notified regarding
school events.
9. Neither Mother nor Father shall schedule activities or appointments for their children
which would require their attendance or participation at said activity or appointment during a
time when their children are scheduled to be in the physical custody of the other parent without
that parent's express prior approval.
10. Mother and Father shall have shared physical custody of their minor children,
Benjamin S. Burner and Collin M. Burner, according to the following schedule:
A. During the school year, Father shall have the children every other
week beginning Friday when Father picks children up at Mother's home after
work through the following Friday morning when Father drops children off at
school or places the children on a school bus. At the end of school, the children
shall ride the school bus and go to Mother's house after school until Father picks
them up after work if Father is unable to provide after school supervision for the
children, and
B. During the school year, Mother shall have the children every other
week beginning Friday after the end of the school day through the following
Friday evening when Father gets children at mother's house if Father is unable
to provide after school supervision for the children; and
C. During summer vacation, holidays or any period of time when Father
is unable to provide supervised custody during Father's period of custody, the
children will spend the unsupervised period of the day at Mother's home until
Father gets children after work; and
D. The parties shall alternate the following holidays. Father shall have
the even numbered holidays and Mother the odd numbered holidays in the even
numbered years. To alternate annually thereafter:
1) New Year's Eve and Day, (this holiday shall be determined by the
year in which the New Year's Eve occurs);
2) Memorial Day;
3) Independence Day;
4) Labor Day.
E. Easter. Mother and Father shall share Easter with Mother getting
Schedule 1. in the even numbered years and schedule 2. in the odd numbered
years. Father shall have Schedule 1. in the odd numbered years and schedule 2.
in the even numbered years, to alternate annually thereafter.
1. To begin the Saturday before Easter at 2:00 p.m.
through Easter Sunday at 2:00 p.m.
5
2. To begin Easter Sunday at 2:00 p.m. through The
Monday after Easter at 5:00 p.m.
F. Thanksgiving. Mother and Father shall share Thanksgiving with
Mother getting Schedule 1. in the even numbered years and schedule 2. in the
odd numbered years. Father shall have Schedule 1. in the odd numbered years
and schedule 2. in the even numbered years, to alternate annually thereafter.
1. To begin the Wednesday evening before Thanksgiving
when the Parent shall get the children after school or at the end of
their workday through Thanksgiving Day at 3:00 p.m.
2. To begin Thanksgiving Day at 3:00 p.m. through the
Friday after Thanksgiving at 5:00 p.m.
G. Christmas. Mother and Father shall share Christmas with Mother
getting Schedule 1. in the odd numbered years and schedule 2. in the even
numbered years. Father shall have Schedule 1. in the even numbered years and
schedule 2. in the odd numbered years, to alternate annually thereafter.
1. To begin Christmas Eve Day at 9:00 a.m. through
Christmas Day at 12:00 p.m.
2. To begin Christmas Day at 12:00 p.m. through the day
after Christmas, December :16, at 5:00 p.m.
H. Father shall have the children on Father's Day and Mother shall have
the children on Mother's Day;
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During all holidays and other special times of custody, visitation shall
extend from 5:00 p.m. the evening before the special custody period through the
morning after the last day of the special custody period or until such times as
Mother and Father can agree upon;
J. Mother and Father shall each have the option to request one (1) to two
(2) non-consecutive weeks of vacation during the summer. Mother and Father
shall provide each other with a request for the two (2) weeks in writing a
minimum of thirty (30) days prior to the time they want to have the children for
their vacation period;
K. The parties are encouraged to discuss and cooperate with each other
when sharing and making requests for changes in periods of visitation. All
permanent changes in periods of custody from those contained in this custody
agreement shall be made in writing and signed by both parties;
L. All holidays, vacations, and specially designated times for visitation
with their children shall supersede the regularly scheduled visitation.
11. Mother and Father agree to contact each other in a timely manner to give each other
"Right of First Refusal" for any time when they will not be with their children for more than two
(2) hours. Such times shall include, but not be limited to, days their children are ill and unable to
attend school, any days their children are not scheduled to be in school, snow days, any time a
parent is scheduled to be out of town, any time a parent will be attending another event and/or
activity, etc.
12. Mother and Father agree to share transportation equally, with the party beginning
their period of visitation being responsible to get their children. The parties may designate any
competent adult to provide transportation for their children if they are not unable to provide the
transportation.
1;. Mother and Father agree to be responsible for any ordinary everyday expenses
which occur during their individual custody periods with their children.
14. The parent with physical custody of their children agrees to keep the other parent
fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which
their children have become involved.
15. Mother and Father also agree to have each other listed as an emergency contact
with that other parent or an adult and/or agency supervising the activities of the minor children.
16. Mother and Father shall be free to mutually agree to alter and/or change the terms
of this agreement. If the alteration and/or agreement is permanent and/or a change which will
occur on numerous occasions, the parties agree the alteration and/or change shall be in writing
and signed by both parents.
17. Mother and Father agree that this Stipulation and Agreement may be submitted to
the Court of Common Pleas for the entry of an Order of Court incorporating the terms contained
herein.
18. Mother and Father agree that nothing contained in this Agreement shall prohibit the
other party from petitioning for modification of this Agreement through the filing of a custody
petition or custody complaint at any time in the event either party believes that the best interest
of the minor children are not being met by the other parent.
DATED:
DAT M
Qa,
` Zoos
JULI A. BURNER
i , 2008 Z-, 9 a
SCOT I. BURNER
VERIFICATION
The undersigned hereby verifies that the facts set forth in the foregoing document are true
and correct to the best of his knowledge. information and belief and further states that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Dated: x'22- , 2009 J ??-
Scot I. Burner
i
77-
3
- 71
SCOT I. BURNER
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2009-451 CIVIL ACTION LAW
JULIE A. BURNER
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, February 03, 2009 , 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, March 12, 2009 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Esq. , y1l
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.]-Baring 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
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90 :4 Wd E- 93A M
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Karen W. Miller, Esquire
Attorney I.D. No. 200037
Caldwell & Kearns, P.C.
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
(717) 232-2766 (fax)
Attorney for Scot Irwin Burner
SCOT IRWIN BURNER, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
vs.
JULIE ANNE BURNER,
Defendant
No. 0R' y51 Civil Term
: CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of a Complaint on behalf of Defendant, Julie Anne Burner, and certify
that I am authorized to do so.
Respectfully submitted,
Date: i-e 4""`7 24" 2-.00 9
By: Aa") a
Andrew C. Sheely, Esquire
09037-001/145201
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SCOT I. BURNER, IN THE COURT OF COMMON PLEAS ()F
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v
JULIE A. BURNER,
Defendant
: CIVIL ACTION - LAW
NO. 2009-451
IN CUSTODY
ORDER
AND NOW, this ? day of March, 2009, the Conciliator being advised the parties are
working towards reconciliation and do not want a formal custody order entered, the 'Conciliator
relinquishes jurisdiction.
QNe -
oy, Esquire
Hubert X?9_
ator
Custody ili
FILED-OFFICE
CF THE PRO T Hr V,-- PAY
2009 APP 17 PH 3: 13