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Home My WebLink About06-0596 , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CMLACTION - LAW moMAS L. BIXLER, JR., Plaintiff : :JfXXp-59b c,~d v. : NO. MICHELLE BIXLER, Defendant . . : IN CUsroDY NOTICE TO DEFEND You, Michelle Bixler, Defendant, have been sued in Court to obtain custody of Anthony, Allen and Nicholas Bixler. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYERAT ONCE. IFYOUDO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILmES ACf OF 1990 The Court of Common Pleas of Cumberland County is required by lawto comply with the Americans with Disabilities 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 SHOULD TAKE THIS PAPER TO YOUR LAWYERAT 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 1-800-990-9108 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CMLACTION - LAW moMAS L. BIXLER, JR., Plaintiff : v. : NO. vi. - 691; d.wYtt-- MICHELLE BIXLER, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, THOMAS L. BIXLER, JR., by and through his attorney, Maryann Murphy, Esquire, and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is mOMAS L. BIXLER, JR. who resides at 3 Brandy Lane, Walnut Bottom, Cumberland County, Pennsylvania 17266. 2. The Defendant is MICHELLE BIXLER who resides at 25 Walter Street, Arlington, Massachusetts 02474. 3. The Plaintiff seeks primary physical custody of the following children: ANTHONY THOMAS BIXLER, born November 17,1991 ALLEN CURTIS BIXLER, born November 17, 1991 NICHOLAS LEE BIXLER, born January 7, 1997 4. Anthony and Allen were born out of wedlock. Nicholas was born in wedlock. The children currently reside with the Plaintiff. , , 5. During the lifetime of the children, they have resided at the following addresses with the following persons: Time Address With Whom 9/1992-12/15/02 Market Street Mechanicsburg, P A 3 Brandy Lane Walnut Bottom, PA Plaintiff/Defendant birth-9/1992 Plaintiff/Defendant 12/15/02-8/14/05 (Allen) 3 Brandy Lane Walnut Bottom, PA Plaintiff (Anthony & Nicholas) 8/14/05-present 107 Old York Road New Cumberland, PA Defendant 3 Brandy Lane Walnut Bottom. PA Plaintiff 6. The father of the children is mOMAS L. BIXLER, JR. He is single, having been divorced from Defendant. 7. The mother of the children is MICHRI.I .R BIXLER. She is single, having been divorced from Plaintiff. 8. The children currently reside with Plaintiff. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other Court, except as set forth above. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other Court. 11. The 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. , , 12. Each parent whose parental rights to the children have not been terminated, and the persons who have physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 13. The best interest and permanent welfare of the minor children will be served by granting Plaintiff primary custody. WHEREFORE, Plaintiff requests this Honorable Court to grant him primary custody of ANTHONY, 1\1.1 .R~ and NICHOLAS. Respectfully submitted, ~~~, PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 LD. # 61900 Attorney for Plaintiff ~ { 1'- f ~ t ~ ~ -..1 -.}) 'c1 -4 ~ '" \\:- --- ~ - ~ '~ ~ ,- ~ ----<:> ~ Q\ (') c <~ ~~;p ;~ ,,;. ::?c' ~> ~c _-... .L:~ ,.. ~t~; ""'/ :'.j -, <> ;j "'" = C~ 0" (.... =- z w C) -p -, - cd '" I'V ~ :r:n m,- -en' C[.J<:;' !:~~(J .,...:-" ~ ~_} tQ, c:s,rn -~ ;e: ~ ~ .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CMLACfION - LAW THOMAS L. BIXLER, JR., Plaintiff v. : NO. ab-~q0 ~ ~ MICHELLE BIXLER, Defendant : : IN CUSTODY STIPUlATION FOR ENTRY OF CUSTODY ORDER MICHELLE BIXLER (hereinafter referred to as "MOTHER"), and THOMAS L. BIXLER, JR. (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve the matter of custody with respect to ANTHONY THOMAS BIXLER, born November 17, 1991; ALLEN CURTIS BIXLER, born November 17, 1991; and NICHOLAS LEE BIXLER, born January 7, 1997, the rninor children involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of ANTHONY, ALLEN and NICHOLAS as follows: 1. The parents agree that FATHER shall have sole legal and primary physical custody of ANTHONY, ALLEN and NICHOLAS. FATHER agrees to keep MOTHER apprised of all important matters concerning the minor children. 2. The parents agree that MOTHER shall have partial physical custody of the minor children, with specific times to be mutually agreed upon by MOTHER and FATHER. During her periods of partial physical custody, MOTHER agrees that she shall not take the children more than fifty (50) miles from FATHER's residence without prior written agreement. 3. The parents agree to keep each other advised of their current addresses and telephone numbers for contact. 4. The parents agree that during any period of custody, they shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise ensure, to the extent possible, that other household rnernbers and/or houseguests comply with this prohibition. 5. The parents agree that each shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. 6. Both parents agree to establish a no-conflict zone for their children and refrain frorn making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such cornments in the presence of the children. Each parent shall speak respectfully of the other. MOTHER and FATHER agree that communication should always take place directly between the parents, without using the children as intermediaries. 7. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. 8. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a .. .}. , .. Custody Order on the date indicated below, IJU/{)~ Date !!~A / /I~ ~6 ~ CJA1f l Witness 7 ~~~~.~<~ THOMAS L. BI R, JR. '?-?1:,.../u,;1b c!3..~Q\ MICHELLE BIXLER 'i'~ \J- ~ ';;:- 'S ~, .~ ~~':" ...0ct. ~:r-'\ ~~~(::\: . \:;,-'.~\~ - -:di:~:~_ ',;-') ~" ~ -j.,,",, I'i"~. 'i{,CZ r()\~., // ,.<"l ;-;')t~ '-,.-t "(t' 6 /\ ~%, -:z- "" ~ .,.- .' <;'-) 0' , Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 ro- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CMLACTION - LAW moMAS L. BIXLER, JR., Plaintiff . . : v. : NO. () ~ - b q b ~~ MICHELLE BIXLER, Defendant . . : IN CUSTODY ANDNOW,thisJ,sr dayof , 2006, upon consideration of the attached Stipulation for Entry of Custody Order, IT I EREBY ORDERED AND DECREED that custody of ANTIIONY TIlOMAS BIXLER, born November 17, 1991; ^ 1.1 .RN CURTIS BIXLER, born November 17, 1991; and NICHOLAS LEE BIXLER, born January 7,1997, shall be as follows: 1. FATHER shall have sole legal and primary physical custody of ANTIIONY, ALLEN and NICHOLAS. FATHER shall keep MOTHER apprised of all important matters concerning the minor children. 2. MOTHER shall have partial physical custody of the minor children, with specific times to be mutually agreed upon by MOTHER and FATHER. During her periods of partial physical custody, MOTHER shall not take the children more than fifty (50) miles from FATHER's residence without prior written agreement. \ 3. The parents shall keep each other advised of their current addresses and telephone numbers for contact. 4. During any period of custody, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise ensure, to the extent possible, that other household members andf or houseguests comply with this prohibition. 5. Both parents shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. 6. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children. Each parent shall speak respectfully of the other. Communication shall always take place directly between the parents, without using the children as intermediaries. 7. This Order shall replace and supersede any and all prior Custody Orders and shall remain in full force and effect pending further Order of Court. BY THE COURT: / / // / J. Distribution: For Plaintiff: Maryann Murphy, Esquire PMB 246, 4902 Carlisle Pike, Mechanicsburg, PA 17050 Defendant: pro se - Michelle Bixler 25 Walter Street, Arlington, MA 02474 , ~ !40:1/0l.. ~ 9-~ t2 ...:::;,., t-~ UJ~'~ ge" tt~:.1. ,t.u. mQ",- d\..4 u-iE ~ .::r c;.. ~.- ;a: N I co W .... .0 c::> c;:;.> <-" :::; [)