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HomeMy WebLinkAbout09-1957LAUREN A. BURNS, Plaintiff vs. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0-146-1 IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, LAUREN A. BURNS, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is LAUREN A. BURNS, an adult individual whose mailing address is c/o Theresa Fabiano at 45 Tuscany Court in Camp Hill, Cumberland County, Pennsylvania, but resides at 510 Ridgeview Drive in Dillsburg, York County, Pennsylvania. 2. The Defendant is ROBERT K. BURNS, an adult individual who resides at 402 Pawnee Drive in Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife. 4. The Plaintiff and Defendant are the parents of two minor children, Carly M. Burns, born 23 August 1998 and now 10 years of age and Nina F. Burns, born 27 June 2002 and now 7 years of age. 5. Plaintiff seeks an award of primary legal and physical custody of the children. 6. The children were not born out of wedlock and at the time of this Complaint, the children reside with the Plaintiff. 7. During the past five years, the children have resided with the following persons at the following addresses: 2004 through August 2005 510 Ridgeview Drive Dillsburg, PA Plaintiff & Defendant September 2005 to present 510 Ridgeview Drive Plaintiff only Dillsburg, PA 8. The mother of the children is the Plaintiff who resides at the address set out above. She is married to the Defendant. 9. The father of the children is the Defendant who resides at the address set out above. He is married to the Plaintiff. 10. The Plaintiff is the natural mother of the children. Plaintiff currently resides with the children at the address listed above. 11. The Defendant is the natural father of the children. Defendant currently resides with his parents, Mr. and Mrs. Robert Burns. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. She has always been the primary care provider for the children and is the parent best able to provide for all their needs; B. Defendant has a serious problem with alcohol which makes his behavior erratic and unreliable; C. Defendant has been violent toward Plaintiff and has threatened additional violence; D. Defendant, by his conduct, has demonstrated that he is not capable of providing proper care for the children; E. The children are afraid of the Defendant and do not want to spend time with him. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 15. The parties, through counsel, have previously agreed that this action shall be filed and heard in Cumberland County and by the Court of Common Pleas of Cumberland County because of the prior involvement of the court in Cumberland County in matters involving the care and safety of their children. As a result, both parties have agreed to Cumberland County as the prior venue and jurisdiction for this matter. WHEREFORE, Plaintiff prays this court to award her primary legal and physical custody of the minor children and to grant her the relief requested in her Petition for Emergency Relief to be filed contemporaneously with this Complaint. el L. A des Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: OQ qAUREN A. BURNS t J ° .O q W v LAUREN A. BURNS, Plaintiff vs. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON } PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA } CIVIL ACTION - LAW } NO. O j-l?S7 IN CUSTODY PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff by her attorney, Samuel L. Andes, and files the following Petition for Emergency Relief in this matter, based upon the following: 1. Petitioner herein is the Plaintiff and the Respondent herein is the Defendant. 2. Plaintiff has filed, contemporaneously with this Petition, a Complaint for Custody which sets forth all of the jurisdictional information relating to this case. 3. Plaintiff seeks an award of primary physical and legal custody of the children and an order restricting Defendant's contact with the children, for the following reasons: A. Defendant has demonstrated, by his prior conduct and as a result of his dependence upon alcohol, extreme, violent, and erratic behavior and has done so in the presence of the children; and B. In June of 2008, while the children were in his custody, Defendant became so intoxicated with alcohol that he lost conscious and the children could not revive him, as a result of which the children had to call the police and have medical intervention for the Defendant; C. As a result of the incident in June of 2008, Cumberland County Children and Youth Services formed a protection plan which precluded the Defendant from having periods of temporary custody with his children, as a result of which he has not seen the children or had them in his custody since June of 2008; D. Defendant has repeatedly threatened Plaintiff that he will take the children from her and Plaintiff believes that, if Defendant obtains even temporary custody of the children, he will abscond with them; E. Defendant has attempted to take the children without Plaintiff's knowledge and in violation of the protection plan then in effect; F. The children are afraid of Defendant because of his violent, erratic, and intoxicated conduct. 4. For the above reasons, Plaintiff asks this court to limit Defendant's contact with the children to brief periods of visitation or temporary custody supervised by a competent third party. Plaintiff does not believe that Defendant's parents, with whom he lives and has been living during his most erratic conduct can properly serve as supervisors of such periods of custody or visitation. 5. Prior proceedings in the action filed by Cumberland County Children and Youth were held before the Honorable M.L. Ebert, Jr., Judge of this Court. 6. Plaintiffs attorney has notified Defendant's attorney of this Petition and believes that Defendant opposes the relief requested herein. WHEREFORE, Plaintiff prays this court to grant her the following emergency relief: A. An order prohibiting Defendant from having any contact with the children until this matter can be properly heard and decided by the court; B. After such determination an order restricting Defendant's contact with the children to brief periods of time properly supervised by a public agency or other neutral third party; and C. Such other relief as the court deems appropriate to protect the best interest of the children of the parties. S el L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unswom falsification to authorities). Date:. 624 LAUREN A. BURNS LAUREN A. BURNS, Plaintiff vs. NO. ROBERT K. BURNS, Defendant AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT 2009, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at Pennsylvania, on the day of , 2009, at o'clock m., 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By. 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.. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 LAUREN A. BURNS, Plaintiff vs. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, LAUREN A. BURNS, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is LAUREN A. BURNS, an adult individual whose mailing address is c/o Theresa Fabiano at 45 Tuscany Court in Camp Hill, Cumberland County, Pennsylvania, but resides at 510 Ridgeview Drive in Dillsburg, York County, Pennsylvania. 2. The Defendant is ROBERT K. BURNS, an adult individual who resides at 402 Pawnee Drive in Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife. 4. The Plaintiff and Defendant are the parents of two minor children, Carly M. Bums, born 23 August 1998 and now 10 years of age and Nina F. Burns, born 27 June 2002 and now 7 years of age. 5. Plaintiff seeks an award of primary legal and physical custody of the children. 6. The children were not born out of wedlock and at the time of this Complaint, the children reside with the Plaintiff. 7. During the past five years, the children have resided with the following persons at the following addresses: 2004 through August 2005 510 Ridgeview Drive Dillsburg, PA Plaintiff & Defendant September 2005 to present 510 Ridgeview Drive Plaintiff only Dillsburg, PA 8. The mother of the children is the Plaintiff who resides at the address set out above. She is married to the Defendant. 9. The father of the children is the Defendant who resides at the address set out above. He is married to the Plaintiff. 10. The Plaintiff is the natural mother of the children. Plaintiff currently resides with the children at the address listed above. 11. The Defendant is the natural father of the children. Defendant currently resides with his parents, Mr. and Mrs. Robert Burns. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. She has always been the primary care provider for the children and is the parent best able to provide for all their needs; B. Defendant has a serious problem with alcohol which makes his behavior erratic and unreliable; C. Defendant has been violent toward Plaintiff and has threatened additional violence; D. Defendant, by his conduct, has demonstrated that he is not capable of providing proper care for the children; E. The children are afraid of the Defendant and do not want to spend time with him. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 15. The parties, through counsel, have previously agreed that this action shall be filed and heard in Cumberland County and by the Court of Common Pleas of Cumberland County because of the prior involvement of the court in Cumberland County in matters involving the care and safety of their children. As a result, both parties have agreed to Cumberland County as the prior venue and jurisdiction for this matter. WHEREFORE, Plaintiff prays this court to award her primary legal and physical custody of the minor children and to grant her the relief requested in her Petition for Emergency Relief to be filed contemporaneously with this Complaint. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12"' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 3 `2? ly? & La,4,t,? A eww1 LAUREN A. BURNS rte, z ZZ, t r Q ,, S LAUREN A. BURNS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT K. BURNS DEFENDANT 2009=1957 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 01, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, April 27, 2009 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. 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: Is/ Jacqueline M. Verne Es . 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 too~? js' MAR 3 ZO?? LAUREN A. BURNS, Plaintiff vs. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ?Kl 15. I IN CUSTODY ORDER OF COURT AND NOW this 3 d day of 2009, upon consideration of the Plaintiffs Petition for Emergency Relief, we hereby order and decree as follows: 1. Defendant Robert K. Burns shall have no contact with or custody of the parties' minor children, Carly M. Burns, born 23 August 1998 and now 10 years of age and Nina F. Burns, born 27 June 2002 and now 7 years of age, until further order of this court. 2. A WsAgi 'conference is hereby scheduled, to be held before the undersi ned, to consider the matters raised by Plaintiffs Petition for Emergency Relief, on ?? the 1.5* day of /+V?Ak 2009, commencing at //:30 o'clock A m. in Court Room No. :3 of the Cumberland County Courthouse at 1 Courthouse Square in Carlisle, Pennsylvania. THE RT, J. Distribution: Xamuel L. Andes, Esquire 525 North 12th Street, P.O (Attorney for Plaintiff) Box 168, Lemoyne, PA 17043 Xndrew H. Shaw, Esquire (Attorney for Defendant) 200 S. Spring Garden Street, Suite 11, Carlisle, PA 17013 Mr. Robert K. Burns (Defendant) v 402 Pawnee Drive in Mechanicsburg, Cumberland County, Pennsylvania. V,l All ,S? £Z =1 Wd £- 88 OU LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1957 CIVIL TERM ROBERT K. BURNS, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 15th day of April, 2009, after conference with counsel, and it appearing that there is a conciliation scheduled before the end of this month, we enter the following Temporary Order: 1. Mother shall have primary physical and legal custody of the children, Carly M. Burns, born 23 August 1998, and Nina F. Burns, born 27 June 2002. 2. The parties are directed to work out a schedule of visitation at the conciliation conference, which would include a period of supervised visitation, until such time as mother or this Court is satisfied that father no longer poses a threat to the children because of his alcohol consumption. If the parties are not able to work out such an arrangement, the conciliator is directed to recommend an appropriate arrangement for this Court to implement pending a full hearing on the merits. ./a uel L. Andes, Esquire Attorney for Plaintiff ndrew H. Shaw, Esquire ` Attorney for Defendant ` srs .•?.fi ' 'e?i1? y ? ??1 ?+? 91 ??? 6??Z ??r. r LAUREN A. BURNS, ) Plaintiff ) VS. ) ROBERT K. BURNS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1957 IN CUSTODY STIPULATION AS TO VENUE AND NOW come the above-named parties, by their counsel, who represent to the court that they are authorized on behalf of their clients to make this Stipulation, and stipulate and agree that this matter may proceed before the court of Common Pleas of Cumberland County, Pennsylvania, that said court shall be the proper venue for the litigation of this matter, and that each party hereby waives any objection to venue before the Court of Common Pleas of Cumberland County. Sam des, Esquire Attorney for Plaintiff Attorney for Defendant OF THE 1-01ARY 2009 APIR 22 N j,, 22 u i MAY 0 6 20096 3 LAUREN A. BURNS, Plaintiff VS. ROBERT K. BURNS, Defendant PRIOR JUDGE: Edward E. Guido A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-1957 IN CUSTODY COURT ORDER AND NOW, this I day of May, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The conciliator shall conduct another custody conciliation conference on Thursday, June 11 , 2009, at 9:30 a.m.. At this conciliation conference, the parties and their counsel will review with the conciliator how the custody set forth below is progressing. In the event custody is going well, it is hopeful that the parties will agree to expanding father's periods of temporary custody. 2. Pending further order of this court, the following TEMPORARY custody order is entered: A. The mother, Lauren A. Burns, and the father, Robert K. Burns, shall enjoy shared legal custody of Carly M. Burns, born August 23, 1998, and Nina F. Burns, born June 27, 2002. B. The mother shall enjoy primary physical custody of the minor children. C. The father shall enjoy periods of temporary physical custody of the minor children as follows: i. Each Wednesday from 5:00 p.m. until 7:30 p.m. ii. On the weekends on either Saturday or Sunday, to be agreed upon by the parties, from 1:00 p.m. until 5:00 p.m.. iii. The father's periods of temporary custody shall be supervised by a mutual friend named Jerry Gould or some other person agreed upon by the parties and legal counsel for the parties. In the event Mr. Gould is not available and the parties are unable to agree upon a substitute, legal counsel for the parties may contact the custody conciliator directly to resolve any issues on that matter. Supervision that is contemplated under this paragraph shall include the personal presence of the individual with the father and the minor children during the times the father has custody. Judge Edward E. Guido cc: v4el L. Andes, Esquire ndrew H. Shaw, Esquire 14?P,Z? ?t' Z I :Z! Wd L- AVW 600Z 1)140-031W LAUREN A. BURNS, Plaintiff vs. ROBERT K. BURNS, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-1957 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Carly M. Burns, born August 23, 1998, and Nina F. Burns, born June 27, 2002. 2. A Conciliation Conference was held on May 4, 2009, with the following individuals in attendance: The mother, Lauren A. Burns, who appeared with her counsel, Samuel L. Andes, Esquire, and the father, Robert K. Burns, with his counsel, Andrew H. Shaw, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. 1 Date: May , 2009 Custody J LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5908 CIVIL TERMS „ ROBERT K. BURNS, = -+ Defendant NO. 2009-1957 CIVIL TERM p ? -ca r ti -t7 ? --I! c _ ORDER OF COURT S7 €!s ',: AND NOW, this 10TH day of MAY, 2011, we will consider Defendant's attached motion as a request to modify the current custody order. A conciliation conference shall be scheduled forthwith. /Samuel Andes, Esquire For the Plaintiff ? Robert Burns 510 Ridgeview Drive Dillsburg, Pa. 17019 ai?.Ldd ,glit 61 0o e Court, Edward E. Guido, J. :sld LAUREN A. BURNS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1957 CIVIL ACTION LAW -C;:r _ °i m m-n ROBERT K. BURNS" IN CUSTODY N DEFENDANT - CD =-,? , cj' .0 .may ?- t ORDER OF COURT r ? AND NOW, Wednesday, May 11, 2011 , upon consideration of the attached Co mplai nt, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 17, 2011 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. 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/ ac ueline M. Verne Es . 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. -1/34ed. avr / *YoA d 7& ?°5 ?coty marred ? 0?y h0 &e3 me, led fV 14t ve117 1? Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C'DOCr -h 5113 i/ D LAUREN A. BURNS Plaintiff V. ROBERT K. BURNS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C"11 Cz Q -n m C rte: -- z em ? ? r.- -o r NO. #07-6908 (CIVIL TERM) CS - c © curt - c:)9 ° =C v IN: DIVORCE Ax M PETITION to THE COURT AND NOW, this day of , 20 / this petitioner avers the following and petitions the court to MODIFY the current standing exclusive possession ORDER in place BE GRANTED, if His Honor deems appropriate, for the reasons set forth below. Request permission for the "exclusive possession" ORDER of 03/18/11 be modified to specify petitioner ACCESS t HIS jointly owned property while no one is home for the protection of all parties involved inclusive of the plain iff, the petitioner and both plaintiffs & petitioner's children. 2. Current O DER specifies reasonable agreed upon time and date with 30 days advance notice to be worked out between parties. It makes no mention the plaintiff must be present on the said jointly owned property of both parties. Petitioner has been met with resistance and threatening correspondence by plaintiffs attorney concerning "would be trespassing charges" and `would be plaintiffs fear of petitioner NOT" abiding by HIS Honor's cu ent ORDER in place. I have not been near my property since 03/18/11 when the ORDER was rendered that very reason.. 3. Since Se ember '05, this defendant has been fiorced to counter made up allegations including an October '08 unfoun ed allegation by plaintiffs camp concerning a claim of this defendant appearing intoxicated at my house with an attempt to abduct my children. This plaintiffs false claim was quickly put to rest as this defendant appeared before officers of the court in a prescheduled hearing (Cumberland County Courthouse) ten minute after the supposed incident. The latest allegation was the 12/22/10 incident that brought me into the exclusi possession complaint. Oft. Wargo, on the scene, was to testify to the fact that not only was I within my fights, but more importantly to testify on the initial allegations Lauren made to Offc. Wargo. She later retrac ed her comments upon further questioning by the officer. 4. Considering not only (#3 above) but also this court's current temporary custody 2009-1957 case ORDER of 10/08/09, his petitioner fears walking into a hornets' nest or trap given the history of prior verified false allegations levied against him. I have suggested to the plaintiff, since the 03/18/11 ORDER, to enter my property o a weekday when my children would assuredly be in school. As much as I APPRECIATE His Honor's m st recent ORDER reconsidering the current temporary custody arrangement (set for conciliation July 1S), the fact remains that there is the 10/08/09 current ORDER still in place until further ruled upon by this court. If I were to enter my house when my children were at home, given the plaintiffs history, there is no doubt i this petitioner's mind the plaintiff would file a contempt of court charge ref. the #09-1957 Order of Oct., 08, 2 909 by this court. 5. Though thin concerns old business and I have not signed on the bottom line retaining my new council, I still have very little contact with opposing council (Mr. Andes) and never unsolicited, without permission or encouraged.', Currently, I have only replied when requested to do so or to correct the record in reply and have only done s via email. I have had very little contact with Lauren since June 'O8 and only that in email form and mostly "in reply" to the best of my recollection. To that end, I was taken aback when 1 received an unsolicited mail from Mr. Andes dated 12 May 2011 stating absolutely nothing other than the plaintiffs fear of the mere possibility I may not abide by the current court order. It was completely out of line in this petitioner's 'pion. As there was no cause for this, I replied to Mr. Andes as His Honor may view in part below. I further expressed to Mr. Andes in my reply that I have abided by every order, have not been to my house since Dec. 2010 and surely have not demanded access to my house at any time as Mr. Andes references. is this petitioner's opinion, it may be the plaintiffs Intention to lay groundwork for a future allegation, a her PFA, et cetera. ?Vty enW l (in part) to: Mr.Andes' May 12, 2011 email (EXHIBIT A), attached. (a) Lauren modified the terms of the PFA back in 605 where she requested no need for 30 party intervention during the custody exhanges. Hence, no fear of me. Court granted it because I was not a coven threat. Girls were never part of PFA. (b) Your duplicate PFA violation charge of me for the same incident in two counties ironed out like this. One county threw it out. Cumberland, out side the ground rules of the PFA, but non- threatening. No fear there. Plus, during the PFA; I never went anywhere near my house. (c) Th simple was a plea maybe I shouldn't have taken; but I did and that's on me. It was deemed of "0" physical harm done (I told you i have the photos}, Lauren's FINS refusal form, and no (d) I d?On't have a history of domestic violence. Prior to '05, talk to anyone I ever dated or lived with ND you71 not find any domestic violence in my background. (e) I'vo abided by the Psyche evaluation AND received a clean bill of health. 6. Though it is t e plaintiffs right to be home, she's imposing unstipudated restrictions making the current subject to some interpretation. Though the plaintiff is within her rights, she's requesting the same 2 mal fiends (M.F. & Fog) she had back in '05 under the PFA. With the then modified PFA in place, it wasn't necessary then, but completely understandable. That said, it is surely not warranted now almost 6 years later. reasonable person would conclude it's the plaintiffs attempt at recreating the expired six year old PFA a ronment and is nothing more than vexatious behavior by having her 2 friends follow me around in my own house. This petitioner We it is unwarranted to have anyone follow him around in his own home without just ause. For that, I petition the court to modify the current order as His Honor deems It, This petitioner has tacked a COURT ORDER I reflled, but blank to the points of He Honor's modlficadon, if any) i propose T odlfcations, (1) Permission to enter my property alone when prior notice is given to, reasonable and a reed upon by plaintiff to avid any issues listed in the above points AND (2) Not have my every move mon d. All other stipulations in the current ORDER remain intact. i have already explained to the plaintiff that there sh kd be no issue with me stealing anything because I cannot steal what is already mine and if I were to remove anyt ing from our property outside of personal belongings, I would be in contempt of the court order. Lastly, this petition has also attached a SCHEDULING ORDER which (1) he believes is a waste of the court's time, court's resources a taxpayer dollars. This petitioner does not believe a hearing is necessary. I do not wish any action to be t ken against plaintiff. The purpose of this petitioner's request for the current court order modification is simpI to allow the petitioner to exercise his right under the current order without being subjected to Use allegations, pla ntiff roadblocks, monitoring of (my) his every crave in his own property and the plaintiffs attempt at intentional emba ssment. 1, this undersigned petitioner, avers that the facts all set forth in this petillo.0 are true and c t to the best of my personal knowledge belief given all provided information. Slgn re Petiti oner Date EXHIBIT A 12 MW2011 Dear Mr. Burnt: You have con ' toed to demand access to your wife's home contrary to the provisions of Judge Guido's order. Lauren is afraid of you and she is afraid that you may try to come to the house, violation of the order, when you are not allowed to do so. I write to advis you that K you come to that house, or enter onto that property, at any time without st ' t compliance with Judge Guido's order, you will be committing the crime of c trespass and you will be prosecuted promptly for it. You are not authorized or rmitted onto the pro perty except in strict accordance with Judge Guido's order, ' h requires that you come at a time which is reasonably convenient to Lauren Ify you cannot work out a time in accordance with the Judge's order, you 9bould not make any attempt to come to or enter the property. If you do, you will be prosecuted. Samuel L And 51121112:52:52 P.M_ Si- , ce I will I be considaxv know of "the years. It's being dispatc throw this by any council. I will n l mmmment If this keeps up, it's b y waif scenario concerning the mi; tten to the point that the off o .d for that very reason. Yet, I never nd to (this) your email directly. It could going on for 5 years and even 3 counties e unprovoked police dispatches over the don't even follow up with me after I complaint one, I responded would apps record or, t P.W. I didn't initia Guido's orde no day is er myeeli at the the Wstory of which you (oi the witnee8(6 Under Judge into OUR hot etc. I have bi via Judge Ou this "fear thir your last ema,ll to Lauren ...as you I'm in agreement with your eorre 1. Guido's order so that there woi e arty emails; Lauren & you did. I rep ...Lauren has to grant me access. I r a geed day for Lauren, r'm hying lame time. Point, Lauren doesn't have proven made up allegations by Laurer your clients) know to be false. Shall with me or 10 minutes following the s ,uido's order, dating back to Dec. AC se. (e.g.) reasonable time, entering w sn naowhere near my house since Dec. do's order and threatening emails itl 13" out one more time to avoid arty of th her perrnission and if I didn't respond, it lence. I simply attempted to clarify the ed, that within the guide]lnes of Judge ave tried to mare arrangements.... and make things less complicated and cover o be there. That's for my protection given her mother and what you put in writing, bring out your threatening letters where pposed McIdent prove it to be fabricated. I have never violated or attempted to go tout prior steed upon by both parties, 0. Period. Wklt? The agreed upon terms this. As a refresher, I'm going to point &e type future ernails. 1. Lauren modified the terms of the PPA back t '05 where she requested no need for 3rd party ntervention during the custody exch es. Hence, no fear of me. Court granted it beG Ube I was not a proven threat. Girls w e never part of PFA. 2. Your uplicate PFA violation charge of me fa the same incident in rwo counties ironed out lithis. One county threw it out. Cum erland, out aide the ground rules of the PFA ut non-threatening. No fear there. Pl s. during the PFA: I never went anywhere near y house. 3. The jrnple was a plea maybe I shouldn't was, med of "no" physics] harm done a refus form, and no intent. 4. I doO have a history of domestic dolence. lived zh AND you'll not find any domestic 5. I've apided by the Psyche eval. ANT) have I don't have Ile time to or any longer the inclinat: your camp continues to levy. I can't control Lauren a psychologist or pretend to be a psychotherapist. T'. by specialise psychoanalysis professionals that anything about that. What I do know is this. If yau'% let me know. Otherwise, please stop with the titres Rc tmrds, Bob Burns taken. but I did and that's on me. It you I have the photos), Lauren'a EMS to '05, talk to anyone I ever dated or Ce in iry background. a clean bill of health. z to address these ridiculous allegatioria r her mother's trumped up fears. I'm not Hugh, it has been brought to my attention auren should consider-1 don't know got proof of any wrong doing on my part, tnn" S on nnn?n„ n 1-1 1 „ -. r LAUREN A. BURNS Plaintiff V. ROBERT K. BURNS Defen ant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5908 [Civil Term] NO. 09-1957 Civil Term] IN: Divorce and Custody cases [SOCIAL SECURITY# Removal] PETITION to THE COURT rRflno MM CAr- -< cn CID , Arm z z >cz nz oC") AND NOW, this day of , 20 this petitioner avers the following and requests that this petition pursuant under consideration, to be granted for the reasons set forth below: 1. Upon cou?nder consideration, request the removal of petitioner's social security# from all public record documents the above cases. 2. Assuming before be Laserfiche final order opposing o 3. If court's p requests S. Thanks for the Samuel Andes, For the Plaintiff Robert K. Burns (Temporary mai S.# was simply not deleted inadvertently by and within opposing council's attachments g placed into public record, petitioner asks to have his S.S. number removed from the ublic record system in CS. #07-5908, page 40 referenced (expired PFA attachment listed as Before 03/27/06 further modified order granted requiring no 3rd party intervention by .incil) exhibit. blic records uses an additional or separate system format other than Laserfiche, petitioner # removal from all other public record filing systems regarding case #07-5908 & #09-1957. rt's consideration. /XAAJ Robert K. Burns Signature of Petitioner Date ire address) c Q)7 \J ? ?\ ?1 ? ?? 1 Y!1 u J\J\J\ r %C, c LAUREN A. BURNS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT K. BURL Defendant CIVIL ACTION - LAW NO. O_ ? S< (9 O __(CNIL TERM) NO. (CIVIL TERM) IN: ORDER OF COURT AND NOW, this Defendants We hereby order as follows: 1. Permission to enter my property alone when 30 day prior notice is given to, reasonable and agreed upon by pi Intiff. Petltlon rmitbed to Inspect, remove personal Items without being interfered with or monitored by any pe or persons without ownership claim or on property deed. 2 3. By the Court, Edward E. Guido, J. Samuel Andes, For the Plaintiff day of , 20 , after consideration of the for Robert K. Burns (Temporary mailing address) 402 Pawnee Drive, Mechanicsburg, PA 17050 LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA vs CIVIL ACTION - LAW c . rn ROBERT K. BURNS, NO. 2009-1957 = ? -am Defendant IN CUSTODYp tv o?? 0 Ara o z-- COURT ORDER =° C) I AND NOW, this day of July, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Court will not schedule a hearing in this case at this time. 2. Father is directed to retain a counseling service who will meet with the children and the Father, along with the Mother as determined by the counselor, for purposes of providing unification counseling for the Father and the children and to address any existing issues between the Father and the children. Mother, through her counsel, is directed to cooperate in connection with selecting and setting up the counseling as ordered by this Court. If feasible, the parties shall attempt to select a counselor that will accept Mother's insurance for payment or partial payment of the counseling services. Costs of the counseling services that are not paid for by insurance shall be paid for by the Father. 3. After the Father shall have completed at least three (3) counseling sessions with the counselor and in the event the parties are unable to reach an agreement on Father having periods of temporary custody at that time, Father may request that another custody conciliation conference be set in this case. Such request by the Father shall be in writing directed to the Conciliator with a copy to Attorney Andes. In the event the parties are unable to reach an agreement at said conciliation, the Court will schedule a hearing at that time. BY Edward E. Guido, Judge cc:/Samuel L. Andes, Esquire n Mr. Robert K. Burns 1. opl M ?t 3 LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ROBERT K. BURNS, NO. 2009-1957 Defendant IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Carly M. Burns, born August 23, 1998 Nina F. Burns, born June 27, 2002 2. A Conciliation Conference was held on July 1, 2011, with the following individuals in attendance: The mother, Lauren A. Burns, with her counsel, Samuel L. Andes, Esquire, and the father, Robert K. Burns, who appeared pro se. 3. Judge Guido conducted a hearing in this case in 2009 and issued an Order of October 8, 2009, along with accompanying Findings of Fact. The Order specified that the Father was to make arrangements to enroll the children in counseling with Christine Gannett "to help repair the damage done between him and his daughters as a result of his past behavior. The cost of the counseling to be paid for by Father". 4. At the conciliation conference, the Father indicated he had contacted Ms. Gannett and she related that her office would not get involved in that type of counseling. Father did not follow up on getting a substitute counselor and Father has not seen the children since prior to October 2009. 5. Father filed a pro se letter with the Court which Judge Guido indicated would be accepted as a motion to modify the existing custody Order. Father is requesting a hearing. However, in light of the fact that the Father has not seen the children for almost two years, the Conciliator believes that some type of counseling for the children will need to be achieved under any circumstance before Father starts seeing the children again. 6. The Conciliator consulted with Judge Guido on this matter and, based upon that consultation, the Conciliator recommends the entry of an Order in the form as attached. 2011 Date: July HubertX. Gilroy, Es uire Custody Conciliato LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA G = -i ? ? V3 C- nr V. NO. 2007-5908 CIVIL TERM ROBERT K. BURNS, - max' u' NO. 2009-1957 CIVIL TERM Defendant ORDER OF COURT Plaintiff to Show AND NOW, this 15TH day of JULY, 2011, a Rule is issued upon Cause why the requested relief should not be granted. Rule returnable TUESDAY, AUGUST 16, 2011, at 2:00 u.m. in Courtroom # 3. y the Court, Edward E. Guido, J. d Samuel Andes, Esquire For the Plaintiff Robert Burns n?,I 402 Pawnee Drive 00 Mechanicsburg, Pa. 17050 p sld LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA N ? C-) NO. 2007-5908 CIVIL TERM,/ r- CU c_ --n --W m ROBERT K. BURNS, r- - -? Defendant NO. 2009-1957 CIVIL TERM Gt $ (-qC:) 27 r.J ORDER OF COURT = « _? AND NOW, this 15TH day of JULY, 2011, a hearing on the Defendant's Petition id to modify our order of March 18, 2011, is scheduled for TUESDAY AUGUST 16, 2011, at 2:00 p.m. in Courtroom # 3 d Samuel Andes, Esquire e UOO For the Plaintiff ?h d s/ Robert Burns 402 Pawnee Drive Mechanicsburg, Pa. 17050 a y the Court, Edward E. Guido, J. sld LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT K. BURNS, Defendant NO. 2009-1957 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of August, 2011, the Petition is granted, and it is ordered and directed that the Defendant's Social Security number be deleted from all public records. Samuel L. Andes, Esquire For the Plaintiff Robert Burns, Pro se 402 Pawnee Drive dj Mechanicsburg, PA 17050 Sheriff (u,_:,( -re: j CO " T y -70 srs By the Court,