HomeMy WebLinkAbout87-0082CARL ROBERT BURNHEIMER, JR.
VS.
DIANE MARIE BURNHEIMER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 82 CIVIL 1987
:
: CIVIL ACTION - CUSTODY
RE: DEFENDANT REQUESTS CONTINUANCE
ORDER OF COURT
AND NOW, this 24th day of February, 1987, at 1:40 P.M.,
the above case having been called for a hearing involving the
petition of the father for custody of his three children, Chad
Michael Burnheimer, Justin. Robert Burnheimer and Ryan Michael
Burnheimer, all of whom are currently residing with him, and
upon proof of an Affidavit of Service of the within petition on
the mother by certified mail received on January 21, 1987, and
upon relation by Susan Gorham, Esquire, of Dallas, Texas, by
phone this date requesting a continuance, and upon agreement
thereof by the father through his counsel, it is ordered that:
1- The hearing on this case is rescheduled for 9:00 A.M.,
Friday, April 24, 1937, in Courtroom No. 2, Cumberland
County Courthouse, Carlisle, Pennsylvania;
2- until said further hearing, temporary custody of Chad
Michael Burnheimer, Justin Robert Burnheimer and Ryan
Michael Burnheimer is awarded to their father, Carl
Robert Burnheimer, Jr., without prejudice to the mother
to contest the merits of any final order and/or to raise
any defenses to this Court's jurisdiction to enter a
final order.
o t,
Scott Fleischauer, Esquire
For Plaintiff
Susan Gorham, Esquire
For Defendant
: sod
CARL ROBERT BURNHEIMER, JR., :
Plaintiff :
:
VS. :
:
DIANE MARIE BURNHEIMER, :
Defendant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
ORDER.OF COURT
You, Diane Marie Burnheimer, defendant, have been sued in
Court to obtain custody of the children, Chad Michael Burnheimer,
Justin Robert Burnheimer, and Ryan Michael Burnheimer.
You are ordered to appear in person at Courtroom No. ,~ ,
at Cumberland County Courthouse, on
at 1, :.::. .m. for a hearing.
If you fail to appear as provided by this Order or to bring
the children, an Order for Custody may be entered against you or
the Court may issue a warrant for your arrest.
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.
Date:
Court Administrator
Cumberland County Co~__~ House
Carlisle, Pennsy~v/~a ~17013
Telephone: (71~ 249-~133~
CARL ROBERT BURNHEIMER, JR., :
Plaintiff :
:
:
VS.
:
DIANE MARIE BURNHEIMER, :
Defendant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTODY ~AND-TO ~MODIFY ~TEXAS-DIVORCE DECREE OF
AND NOW comes Carl Robert Burnheimer, Jr., the Plaintiff, by
his attorneys, DeLuca and Fleischauer, and presents a Complaint
for Custody and to Modify a Texas Divorce Decree of October 15,
1986, whereof the following is a statement:
1. The plaintiff is Carl Robert Burnheimer, Jr., an adult
individual residing at 406 Hillside Drive, New Cumberland,
Cumberland County, Pennsylvania 17070.
2. The defendant is Diane Marie Burnheimer, an adult
individual residing at 3640 Old Denton Road, Number 1308,
Carrollton, Texas 75007.
3. Plaintiff seeks custody of the following children:
Present Residence
Name
Chad Michael Burnheimer
Justin Robert Burnheimer
Ryan Michael Burnheimer
Age
406 Hillside Drive
New Cumberland, PA 17070
406 Hillside Drive
New Cumberland, PA 17070
406 Hillside Drive
New Cumberland, PA
17070
13 Yrs.
10 Yrs.
8 Yrs.
The children were not born out of wedlock.
During the past five years, the children have resided with
the following persons and at the following addresses:
All-three-children:
Carl Robert Burnheimer
and Diane Marie Burnheimer
Carl Robert Burnheimer
and Diane Marie Burnheimer
Carl Robert Burnheimer
and Diane Marie Burnheimer
Chad.Michael Burnheimer.and
Ryan~Michael Burnheimer
113 Dibert Street
Johnstown, PA
660 Diane Drive
Etters, PA
518 B Bridge Street
New Cumberland, PA
1975 through
June, 1984
June, 1984 to
November, 1984
November 1984
to August 31,
1985
Carl Robert Burnheimer
Justin Robert Burnheimer:
518 B. Bridge St. and August 31, 1985
406 Hillside Drive to present
New Cumberland, PA
Diane Marie Burnheimer
Carl Robert Burnheimer
Old Denton Road
Carrollton, Texas
406 Hillside Drive
New Cumberland, PA
August 31, 1985
to December 13,
1986
December 13,
1986 to present
The mother of the children is Diane Marie Burnheimer,
currently residing at 3640 Old Denton Road, #1308, Carrollton,
Texas, 75007.
She is divorced.
The father of the children is
currently residing at 406 Hillside
Cumberland County, Pennsylvania 17070.
He is divorced.
Carl Robert Burnheimer,
Drive, New Cumberland,
4. The relationship of Plaintiff to the children is that of
-2-
father. The Plaintiff currently resides with all of his children,
Chad Michael Burnheimer, Justin Robert Burnheimer and Ryan Michael
Burnheimer at 406 Hillside Drive, New Cumberland, Cumberland
County, Pennsylvania 17070.
0
mother.
persons:
The relationship of Defendant to the children is that of
The Defendant currently resides with the following
Name
Mr. Jeff Cramer
Unknown male boyfriend
Relationship
brother
boyfriend
6. Plaintiff filed a Petition for Custody of his children
on October 3, 1986, after the Defendant had left the Commonwealth
of Pennsylvania, with one of the parties' sons, Justin Robert
Burnheimer. A copy of the Petition is set forth as Exhibit "A"
Plaintiff decided to terminate these proceedings because of
Defendant's representations during October of 1985 regarding a
reconciliation of the parties. A copy of the Court Order, dated
November 8, 1985, terminating the proceedings at the request of
the Plaintiff is attached hereto as Exhibit "B". In the last
several weeks, Plaintiff learned that Defendant's representations
regarding reconciliation, were made under false pretenses, as
Defendant had a live-in boyfriend at the time of those
represenations.
Defendant obtained a Default Divorce Decree in the State of
Texas, dated October 15, 1986, which granted custody of Justin
-3-
Robert Burnehimer to Diane Marie Burnheimer, and granted custody
of Chad Michael Burnheimer and Ryan Michael Burnheimer to Carl
Burnheimer. No testimony was received at the Texas proceedings.
The Texas Decree is attached hereto as Exhibit "C".
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.
7. The best interests and permanent welfare of the children
will be served by granting full custody of the children to
Plaintiff, Carl Robert Burnheimer, and modifying the Texas Decree:
a) the Plaintiff loves and cares for his children;
b) the Plainitff can provide a more stable environment
for the children;
c) all three children, including Justin Robert
Burnheimer, wish to remain in the custody of the Plainfiff.
d) Plaintiff and Defendant have many relatives
currently residing in the Commonwealth of Pennsylvania including
both sets of grandparents;
e) Plaintiff dropped the original custody proceedings
based on false representations of the Defendant;
f) Plaintiff has adequate resources to properly care
for the children as custodial parent; and
g) the public policy of Pennsylvania favors the
proposition that siblings should be raised together.
-4-
8. 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 parties to this action.
WHEREFORE, plaintiff requests the Court to grant him custody
of the children and to modify the Texas Divorce Decree of October
15, 1986.
DELUCA AND FLEISCHAUER
BY
Attorneys for Plaintiff
P.O. Box 358
Boiling Springs, PA 17007
Telephone: (717) 258-6844
-5-
AFFIDAVIT
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
)
Date
Sworn to and subscribed
before me this ~C/i day
of January, 1987
NOCary Public
JVL~ILIORIE A. DeLUCA, Notary Public
Boiling Springs, Cumberland Co., Pa.
~ Commission Expires Nov. 5, 1990
Plaintiff
V®
DIANE MARIE BURNHEIMER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
ORDER OF COURT
YoU, Diane Marie Burnheimer, defendant, have been sued in
court to obtain custody of the children, Chad Michael Burnheimer,
Justin Robert Burnheimer, and Ryan Michael Burnheimer.
You are ordered to appear in person at Courtroom No. c~
at the Cumberland County Courthouse, 0n ~-~~_~ ~ /~,
at //'~ p~.m. for a hearing.
You are further ordered to bring with you the child: Justin
Robert Burnheimer.
If you fail to appear as provided by this order or to bring
the children, an order for visitation may be entered against you
or the court may issue a warrant for your arrest.
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.
Court Administrator
Cumberland County Court House
Carlisle, Pennsylvania 17013
Telephone: (717) 249-1133
BY THE COURT:
EXHIBIT "A"
CARL ROBERT BURNHEIMER, JR.,
Plaintiff
DIANE MARIE BURNHEIMER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTODY
AND NOW comes Carl Robert Burnheimer, Jr., the Plaintiff, by
his attorneys, Shumaker and Williams, and presents a Complaint
for Custody, whereof the following is a statement:
1. The plaintiff is Carl Robert Burnheimer, Jr., an
adult individual residing at 518 B Bridge Street, New Cumberland,
Cumberland County, Pennsylvania 17070.
2. The defendant is Diane Marie Burnheimer, an adult
individual residing at 3910 Old Denton Road, Apt. 322,
Carrollton, Texas 75005.
3. Plaintiff seeks custody of the following children:
Name
Chad Michael Burnheimer
Justin Robert Burnheimer
Ryan Michael Burnheimer
Present Residence
518 B Bridge Street
New Cumberland, Pa. 17070
3910 Old Denton Road, Apt. 322,
Carrollton, Texas 95007
518 B Bridge Street
New Cumberland, Pa. 17070
The children were not born out of wedlock.
Age
12 yrs
8 yrs
7 yrs
One child, Justin Robert Burnheimer, is presently in the
custody of the Defendant, Diane Marie Burnheimer, who resides at
3910 Old Denton Road, Apt. 322, Carrollton, Texas 75007. He has
been in Defendant's custody since August 31, 1985, when Plaintiff
separated from Defendant and went to Carrollton, Texas.
During the past five years, the children have resided with
the following persons and at the following addresses:
Carl Robert Burnheimer 113 Dilbert Street
and Diane Marie Burnheimer Johnstown, Pa.
Carl Robert Burnheimer 660 Diane Street
and Diane Marie Burnheimer Etters, Pa. 17070
Carl Robert Burnheimer 518 B Bridge Street
and Diane Marie Burnheimer New Cumberland, Pa.
The mother of the children is Diane Marie Burnheimer,
currently residing at 3910 Old Denton road, Apt. 322, Carrollton,
Texas, 75007.
She is married.
The father of the children is Carl Robert Burnheimer,
currently residing at 518 B Bridge Street, New Cumberland,
Cumberland County, Pennsylvania 17070.
He is married.
4. The relationship of Plaintiff to the children is
that Of father. The Plaintiff currently resides with two of his
children, Chad Michael Burnheimer and Ryan Michael Burnheimer at
518 B Bridge Street, New Cumberland, Cumberland County,
Pennsylvania 17070.
5. The relationship of Defendant to the children is
that of mother. The Defendant currently resides with the
following persons:
1975 through
June, 1984
June, 1984 to
November, 1984
November 1984
to Present
2
NAME RELATIONSHIP
Mr. Jeff Cramer brother
Justin Robert Burnheimer son
6. Plaintiff has not participated as a party or witness, or
in another capacity, in other litigation concerning the custody of the
children in this or another court.
Plaintiff has no information of a custody proceeding concerning
the children pending in a court of this Commonwealth.
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.
7. The best interests and permanent welfare of the children
will be served by granting the relief requested because:
the Plaintiff loves and cares for his children;
the Plaintiff can provide a more stable environment
a)
b)
for the children;
c)
Plaintiff and Defendant have many relatives
currently residing in the Commonwealth of Pennsylvania including both
sets of grandparents; and
d) Plaintiff has adequate resources to properly care
for the children as custodial parent.
8. 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 parties to this action.
-3-
WHEREFORE, plaintiff requests the court to grant him custody of
the children.
SHUMAKER AND WILLIAMS
By
Scott A. Fleischauer
Attorneys for Plaintiff
P.O. Box 88
Harrisburg, Pennsylvania 17108
Telephone: (717) 763-1121
-4-
AFFIDAVIT
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.~4904 relating to unsworn
falsification to authorities.
Plaintiff
CARL ROBERT BURNHEIMER, JR., :
Plaintiff :
:
VS. :
:
DIANE MARIE BURNHEIMER, :
Defendant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2920 civil 1985
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this ~ day of November, 1985, on receipt of the
written request of Attorney Scott A. Fleischauer, counsel for Carl
Robert Burnheimer, Jr., Plaintiff in the above-captioned matter,
requesting that the matter be terminated at the request of the
Plaintiff, it is hereby ORDERED, DIRECTED and DECREED that this
matter is discontinued of record, without prejudice to either of
the parties in filing a custody action in the future.
Counsel for Plaintiff is directed to make service of this
Order upon Defendant Diane Marie Burnheimer, by certified mail,
return receipt requested.
BY THE COURT:
TRUE COPY FROM RECORD,
In Testimony whereof, i here unto mt my
and the se, al o! ~alJ Court at Ca,lisle, Pa.
EXHIBIT "B"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVAN]
CIVIL ACTION - CUSTODY
CARL ROBERT BURNHEIMER, JR.,
Plaintiff
VS.
DIANE MARIE BURNHEIMER,
Defendant
COMPLAINT FOR CUSTODY AND
TO MODIFY TEXAS DIVORCE
DECREE OF OCTOBER 15, 1986
D£LUCA & FLEISCHAUER
ATTORNEYS AT LAW
P.O. BOX 3~8
BOILIN~ SPRIN~S, PA 17007
CAUSE NO.
IN THE MATTER OF
THE MARRIAGE OF
DIANE MARIE BURNHEIMER
AND
CARL R~BERT BURNHEIMER, JR.
AND IN THE INTEREST OF
CHAD BURNHEIMER,
JUSTIN BURNHEMER and
RYAN BURNHEIMER
MINOR CHILDREN
X
X
X
X
X
X
X
X
X
X
X
X
158TH JUDICIAL DISTRICT
DENTON COUNTY, TEXAS
DECREE OF DIVORCE
On this the Z~_ day of _C~ .... ' 1986, the
Petitioner, DIANE MARIE BURNHEIMER, appeared in person and by
attorney and announced ready for trial.
The Respondent, CARL ROBERT BURNHEIMER, JR., although duly
and properly cited, did not appear and wholly made default.
The Court, having examined the pleadings and heard the
evidence and argument of counsel, finds that all necessary
residence qualifications and prerequisites of law have been
legally satisfied, that this Court has jurisdiction of all the
parties and subject matter of this ca~se, and that the material
allegations contained in Petitioner's pleadings are true. A
jury was waived, and all matters in controversy, including
questions of fact and of law, were submitted to the Court. Ail
persons entitled to citation were properly cited.
IT IS DECREED that Petitioner, DIANE MARIE BURNHEIMER, and
CARL ROBERT BURNHEIMER, JR., Respondent, be and they are hereby
divorced.
The Court finds that the parties are not onow expecting
another child of the marriage and that Petitioner and Respondent
are the parents of the following children now under 18 years of
age:
Name: CHAD BURNHEIMER Sex: male
Birthplace: Johnston, PA DOB: 2-3-73
Present Residence: With Respondent
Name: JUSTIN BURNHEIMER Sex: male
Birthplace: Johnston, PA DOB: 1-5-77
Present Residence: With Petitioner
DECREE OF DIVORCE
Page 1
EXHIBIT "C"
Name: RYAN BURNHEIMER Sex: male
Birthplace: Johnston, PA DOB: 6-25-78
Present Residence: With Respondent
The Court, having considered the circumstances of the
parents and of the children, finds that the following orders are
in the best interest of the children:
IT IS DECREED that Petitioner, DIANE MARIE BURNHEIMER, be
and is hereby appointed Managing Conservator of the child, JUSTIN
BURNHEIMER.
IT IS DECREED that Respondent, CARL ROBERT BURNHEIMER, JR.,
be and is hereby appointed Managing Conservator of the children,
CHAD BURNHEIMER and RYAN BURNHEIMER.
IT IS DECREED that the Managing Conservators shall have all
the rights, privileges, duties, and powers of a parent, to the
exclusion of the other parent, subject to the rights, privileges,
duties, and powers granted to any possessory conservator named in
this decree.
IT IS DECREED that Petitioner, DIANE MARIE BURNHEIMER, be
and is hereby appointed Possessory Conservator of the children,
CHAD BURNHEIMER and RYAN BURNHEIMER.
IT IS DECREED that Respondent, CARL ROBERT BURNHEIMER, JR.,
be and is hereby appointed Possessory Conservator of the child,
JUSTIN BURNHEIMER.
IT IS DECREED that the Possessory Conservator, DIANE MARIE
BURNHEIMER, shall have possession of and visitation with the
children, CHAD BURNHEIMER and RYAN BURNHEIMER, as follows:
(a) The possessory conservator shall be entitled to have
possession of the children each summer vacation, two (2)
consecutive weeks to be selected by the possessory conservator
during the period from the first day of June until the first day
of September. Notice must be given to managing conservator by
May 15th as to the period of possession. The managing
conservator agrees that whatever arrangements are made for the
children's activities during the months of June, July and August,
such as travel, summer school, or camp, shall not interfere with
or interrupt the possessory conservator's rights under this
clause;
(b) Any other time that is mutually agreeable between the
parties.
DECREE OF DIVORCE
Page 2
IT IS DECREED that the Possessory Conservator, CARL ROBERT
BURNHEMER, shall have possession of and visitation with the
child, JUSTIN BURNHEIMER, as follows:
(a) The possessory conservator shall be entitled to have
possession of the child each summer vacation, for two (2)
consecutive weeks to be selected by the possessory conservator
during the period from the first day of June until the first day
of September. Notice must be given to the managing conservator
by May 15th as to the period of possession. The managing
conservator agrees that whatever arrangements are made for the
child's activities during the months of June, July and August,
such as travel, summer school, or camp, shall not interfere with
or interrupt the possessory conservator's rights under this
clause;
(b) Any other time that is mutually agreeable between the
parties.
The ManaginG Conservator is hereby ordered to surrender the
child or children to the Possessory Conservator at the beginning
of the Possessory Conservator's visitation period.
The Possessory Conservator is hereby ORDERED to return the
child or children to the ManaginG Conservator immediately at the
end of each peri.od of possession.
*DEFINITION of "child": The above stated visitation applies
to all children the subjects of this cause of action under the
age of 18, and not otherwise emancipated.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that each
Managing Conservator and each Possessory Conservator who intend a
change of place of residence must give written notice to the
intended date of change and new address of residence to every
other party who has possession of or access to the children.
The notice must be given on or before 30 days before the
conservator changes the conservator's place of residence or, if
the conservator did not know or could not have known of the
change within the 30-day period, on the first day that the
conservator knew or should have known of the change.
IT IS DECREED that the possessory conservators shall have
the following rights, privileges, duties and powers during the
period of possession:
(a) The duty of care, control, protection and reasonable
discipline of the children;
DECREE OF DIVORCE
Page 3
(b) The duty to provide the children with clothing, food,
shelter, and transportation to and from the residence of the
managing conservator; and
(c) The power to consent to medical and surgical treatment
during an emergency involving an immediate danger to the health
and safety of the children.
IT IS DECREED that no child support shall be paid either
party at this time.
The Court finds that the parties are co-owners land located
in Somerset County, Pennsylvania, near Indian Lake.
IT IS DECREED that Petitioner and Respondent shall equally
be responsible for all payments of insurance and taxes and any
other liability involved with said land.
IT IS DECREED that upon sale of said property, the proceeds
shall be split equally between the parties.
The Court finds that the following is just and right, having
due regard for the rights of each party of the marriage:
Petitioner is awarded the following as Petitioner's sole and
separate property, and Respondent is hereby divested of all
right, title, and interest in and to such property:
1. Sewing machine;
2. Wicker chest;
3. Petitioner's sewing and craft things;
4. Television;
5. Macrame hanging table;
Jim;
7.
8.
9.
Petitioner's clothes;
Justin's bicycle;
Movie camera;
Wooden wall rack made by Petitioner's brother-in-law,
10.
11.
12.
13.
14.
15.
Petitioner's recipes and cookbooks;
Rattan rocker;
Justin's desk and baseball mit;
Petitioner's electric typewriter;
Kirby vaccuum cleaner and attachments;
Vitamaster exercise bike;
DECREE OF DIVORCE
Page 4
Any and all sums, whether matured or unmatured, accrued
or unaccrued, vested or otherwise, together with all increases
thereof, the proceeds therefrom, and any other rights related to
any profit-sharing plan, retirement plan, pension plan, employee
stock option plan, employee savings plan, accrued unpaid bonuses,
or other benefit program existing by reason of Petitioner's past,
present or future employment;
17. Any and all insurance, pensions, retirement benefits,
and other benefits arising out of Petitioner's membership in any
union;
18. Ail personal property now in Petitioner's possession or
subject ot Petitioner's control.
Respondent is awarded the following as Respondent's sole and
separate property, and Petitioner is hereby divested of all
right, title, and interest in and to such property:
1. Any and all sums, whether matured or unmatured, accrued
or unaccrued, vested or otherwise, together with all increases
thereof, the proceeds therefrom, and any other rights related to
any profit-sharing plan, retirement plan, pension plan, employee
stock option plan, employee savings plan, accrued unpaid bonuses,
or other benefit program existing by reason of Respondent's past,
present or future employment;
2. Any and all insurance, pensions, retirement benefits,
and other benefits arising out of Respondent's membership in any
union;
3. Ail personal property now in Respondent's possession or
subject to Respondent's control.
IT IS FURTHER ORDERED AND DECREED that DIANE MARIE
BURNHEIMER shall have the right to claim the dependency
exemptions for the child, JUSTIN BURNHEIMER, for the purpose of
income taxes for 1986 and all subsequent years.
IT IS FURTHER ORDERED AND DECREED that CARL ROBERT
BURNHEIMER shall have the right to claim the dependency
exemptions for the children, CHAD BURNHEIMER and RYAN BURNHEIMER,
for the purpose of income taxes for 1986 and all subsequent
years.
The Petitioner's social security number is 187-42-9624, and
her address is 3640 Old Denton Road, #1308, Carrollton, Texas
75007.
The Respondent's social security number is 160-42-8793, and
his address is 406 Hillside Road, New Cumberland, Pennsylvania
17070.
DECREE OF DIVORCE
Page 5
IT IS DECREED that Petitioner and Respondent shall execute
all instruments necessary to effect this decree and that
Petitioner and Respondent have all appropriate and necessary
writs, execution, and process, as many and as often as is
necessary to accomplish the execution and final disposition of
this judgment.
All costs of court expended in this cause are adjudged
...against the party by whom incurred, for which let execution
issue.
IT IS DECREED that all relief requested in this cause and
not expressly granted herein be and is hereby denied.
SIGNED this /~ day of ~ - , 1986.
JUDGF~ ' ' ~/
DECREE OF DIVORCE
Page 6
CARL ROBERT BURNHEIMER, JR.
VS.
DIANE MARIE BURNHEIMER
NO. 82 CIVIL 1987
COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY, PA.
AFFIDAVIT OF SERVICE
DeLUCA & FLEISCHAUER
ATTORN£Y8 AT LAW
P.O. BOX 3S8
BOILIN& SPRIN~S, PA 17007
CARL ROBERT BURNHEIMER, JR. :
Plaintiff :
VS. :
DIANE MARIE BURNHEIMER, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 82 CIVIL 1987
CIVIL ACTION - CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
) ss.
)
I, Scott A. Fleischauer, attorney for Plaintiff, hereby
certify that a true and correct copy of the Complaint for Custody
was served upon the Defendant Diane Marie Burnheimer by placing
same in the custody of the United States Postal Service for
mailing by first class, certified mail, return receipt requested,
with postage prepaid and properly addressed to Diane Marie
Burnheimer at the address of 3640 Old Denton Road, #1308,
Carrollton, Texas 75007, and was received on January 21, 1987.
The signed return receipt card is attached hereto as Exhibit
Sworn to and subscribed
Before my this ~Z~ day
Not~ry Public
My Commission Expires
MARJORI£ A. DeLL'CA, Notary Public
Bo~!:ng Springs, Cumberland Co., Pa.
My Commission Expires Nov. 5, 1990
DeLUCA AND FLEISCHAUER
~/cott A. Fl~schauer
P.O. Box 358
Boiling Springs, Pa. 17007
(717) 258-6844
CARL ROBERT BURNHEIMER, JR.,
Plaintiff
vs.
DIANE MARIE BURNHEIMER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 82 CIVIL 1987
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 24th day of April; 1987, the above-custody
case having been called for a hearing with the record containing
proof of service of notice upon the defendant, and following a
continuance having been granted tO the defendant pursuant to
this Court's prior Order of February 24, 1987, and the defendant
having failed to appear, it is ordered that:
1. Physical custody of Chad MiChael Burnheimer, Justin Robert
Burnheimer and Ryan Michael iBurnheimer is awarded to their
father, Carl Robert · ~
Burnhelmer, Jr.;
2. The mother, Diane Marie Bur~heimer, is granted temporary
custody for reasonable 'timesl upon the agreement of the
parties. If the parties arel unable to agree to such
temporary custody, this Court, upon petition, will
schedule a further hearing t~ set same.
3. We retain jurisdiction. Counsel for the father is to
forward, by regular mail, a Certified copy of this
Order to the mother, Diane Marie Burnheimer, and to
Susan Gorham, Esquire, Empire Plaza Two, 1440 Empire
Central, Suite 180,
Dallas~, ~as, 75247.
~' the
Edga~
Scott Fleischauer, Esquire
For Plaintiff
Susan So Gorham, Esquire
For Defendant
:sod