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HomeMy WebLinkAbout06-3677D. BURCHFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.06- 3(,'17 CIVIL TERM Defendant CUSTODY L. DAVIS, COMPLAINT FOR CUSTODY 1. 2. Dc at 22 3. stiff is Michael D. Burchfield, hereinafter referred to as Father. Father resides at 510 Rd, Newville, Cumberland County, Carlisle Pennsylvania 17241. is Mary L. Davis, hereinafter referred to Mother, Mother is believed to be residing ster Gardens, Cumberland County Carlisle Pennsylvania. 17013. seeks primary physical custody of the minor child: Present Residence J. Burchfield 22 Winchesther Gardens Carlisle, PA 17013 Age 1/18/96 DOB; 10 yrs old was born out of wedlock 4. is in Mother's custody. During his lifetime, Clayton has resided with the following persons and at the following Address tel Burchfield 510 Middle Road Lou Davis Newville, PA 17241 ;Ile Davis Davis sel D. Burchfield II iel Burchfield 510 Middle Road Lou Davis Newville, PA 17241 ;Ile Davis Davis Date 01/18/96-1997 1997-1998 Michael Burchfield 510 Middle Road 1998-1999 Mary Lou Davis Newville, PA 17241 Holly Davis 5 6. 7 8. this 9. Micheal Burchfield 510 Middle Rd Mary Lou Davis Newville, PA 17241 1999-05127106 Mary Lou Davis 22 Winchester Gardens 05!27!06- Present Carlisle, PA 17013 her currently resides with the following persons: Name Relationship Clayton Burchfield Parties' son It is believed that the following persons may reside with Mother: Name Relationship Michelle Weaver Daughter John Harrison Mother's Boyfriend Jeff Calaman Daughter's Boyfriend Rebecca Weaver (Part-Time) Michelle's Daughter currently lives alone. has not participated as a party or witness, or in another capacity, in other custody concerning the custody of Clayton in this or another court. Clayton 10. has no information of a custody proceeding concerning Clayton pending in a court of does not know of a person not a party to the proceedings who has physical custody of claims to have custody or visitation rights with respect to Clayton. seeks primary physical custody, which is in Clayton's best interest, for reasons but not limited to the following: a. Father is presently able to provide for Clayton by giving him a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs. b. Father has always contributed to Clayton's upbringing by sharing parenting duties, attending school functions, and has cared for Clayton on a daily basis. c. Clayton has always lived in Father's home and staying there can provide Clayton with consistency, especially in regard to his education and peer socialization 11. Mother has not acted in Clayton's best interests in ways including but not limited to the a. Mother's actions have interfered with Father's ability to maintain and nurture healthy father/son relationship with Clayton. b. When Mother left the house she shared with Father and Clayton, she did not tell Father where she went and Father has not been able to see Clayton since May 27, 2006. c. Mother does not communicate with Father in order to co-parent Clayton or cooperate in addressing issues which may arise regarding Clayton. d. Mother uprooted Clayton from the home where he has lived for ten years, removing him from his Father, his school, and his friends. e. Father believes that Child and Youth Services were contacted to investigate concerns about Clayton while in Mother's care. Every person with rights to custody or having actual physical custody of Clayton has i named as parties to this action. IRE, Father requests this Court to grant her the following relief: 1. The parties shall share legal custody of Clayton. 2. Father shall have primary physical custody of Clayton. 3. Mother shall have periods of partial physical custody with Clayton. 4. The non-custodial parent shall have reasonable telephone contact with Clayton while he is with the other parent. 5. That the parties shall have an appropriate schedule to ensure each party has the opportunity to celebrate holidays with Clayton. 6. Any other relief this Court finds just and equitable. J96sloa Holst, Esquire 1<4idPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Michael D. Burchfield, verifies thatithe statements made in the above COMPLAINT FOR CUSTODY are trueland correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, rela ing to unsworn falsification to authorities. C Date. 6 Michael D. Burchfield D. BURCHFIELD Plaintiff VS. L. DAVIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- CUSTODY Defendant AFFIDAVIT OF SERVICE BY MAIL CIVIL TERM Jessic Holst, do hereby swear that I served Mary L. Davis with a Complaint For Custod o (/n[ 24)6 by certified mail, return receipt, restricted delivery, to the person d address below: Mary L. Davis 22 Winchester Gardens Carlsile, PA 17013 Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 904 relating to unworn falsification to authorities. Date: fnl Z? z? '(a Signature: ('-) (?J I! _. .? a • T r ? "?+ '??? ') ?' f.,? -?1-i"1 •• w? ? ,y v. `-j U D. BURCHFIELD N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA To the L. DAVIS VS. NO. 06- 34 ) CIVIL TERM Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS allow, Michael Burchfield, Plaintiff, to proceed in forma ap uperis. the Jessica Holst, attorney for the party proceeding in forma an uperis, certify that I believe is unable to pay the costs and that I am providing free legal services to the party. A Jessica olst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ri r-s C_ 77 • a MICHAEL D. BURCHFIELD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARY L. DAVIS DEFENDANT 06-3677 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 30, 2006 , 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 Thursday, August 03, 2006 at 10:30 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. All children age five or older may also be present at the conference. 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 uedne M. Verney, Es q. 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 fpw Poo, -S 7 RECEIVED AUG V ? M V 3 MICHAEL D. BURCHFIELD, Plaintiff IN THE COURT OF CUMBERLAND CO LION PLEAS OF ,PENNSYLVANIA V. MARY L. DAVIS, Defendant : NO. 2006-3677 CIVIL : IN CUSTODY ORDER OF COURT AND NOW, this day of consideration of the attached Custody Conciliati Report, it is follows: 1. The Father, Michael D. Burchfield and the Motl have shared legal custody of Clayton J. Burchfield, born Janua shall have an equal right, to be exercised jointly with the other non-emergency decisions affecting the Child's general well-be: limited to, all decisions regarding his health, education and reli terms of Pa.C.S. §5309, each parent shall be entitled to all reco pertaining to the child including, but not limited to medical, de: records, the residence address of the child and the other parent. has possession of any such records or information, that parent the same, or copies thereof, with the other parent within such ri the records and information of reasonable use to the other pare entitled to full participation in all educational and medical/treat and evaluations with regard to the minor child. Each parent sh complete information from any physician, dentist, teacher or a reports given to them as parents including, but not limited to: n certificates, school or educational attendance records or report parent shall be entitled to receive copies of any notices which c regard to school pictures, extracurricular activities, children's I presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody 3. Father shall have periods of partial physical A. Beginning Saturday, August 12, 2006 from 10, and every Saturday thereafter, unless the child' that the child is comfortable to spend overnigh B. If the child's counselor indicates that the child overnights, then Father shall have alternating v August 11, 2006 at 5:00 p.m. to Sunday at 5:0( - LAW 2006, upon d and directed as , Mary L. Davis, shall 18, 1996. Each parent rent, to make all major including, but not )n. Pursuant to the and information d, religious or school 'o the extent one parent dl be required to share onable time as to make Both parents shall be mt planning meetings be entitled to full and ority and copies of any lical records, birth ds. Additionally, each ie from school with ties, musical child. as follows: a.m. to 6:00 p.m. counselor indicates with Father. comfortable with ekends from Friday, p.m. 4. The parties shall cooperate with the child's cow necessary so that the child's counselor may discuss the child's parents. Mother shall determine if the child's counselor will is counseling. In the event that the child's counselor will not inc treatment, then Father shall arrange to have the child included 5. When the child is in Mother's physical custody, calls Father every day at or around 4:00 p.m. 6. Transportation shall be shared such that the at Saylor's Market in Newville. 7. This Order is entered pursuant to an agreement Custody Conciliation Conference. The parties may modify the by mutual consent. In the absence of mutual consent, the terms control. Another Custody Conciliation Conference is schedules 9:00 a.m. BY -ling, signing releases if ,atment with both ude Father in the child's le Father is the child's Father's counseling. shall insure that he shall exchange custody )f the parties at a rovisions of this Order A this Order shall for August 24, 2006 at J. cc: Jessica Holst, Esquire, Mid Penn Legal Services, Counsel fo{r Father Mark F. Bayley, Esquire, Counsel for Mother VINVA kSNN3d AlNncx.) "U?(YJ L0:E Wd I I OnV900Z AdVl N^' 08d 3H1 d0 MICHAEL D. BURCHFIELD, Plaintiff V. MARY L. DAVIS, Defendant PRIOR JUDGE: None IN THE COURT OF CUMBERLAND CO : NO. 2006-3677 IN CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator ubmits the following report: 1. The pertinent information concerning the Child litigation is as follows: NAME Clayton J. Burchfield DATE OF BIRTH January 18, 1996 2. A Conciliation Conference was held in this matter on August 7, 2006 with the following in attendance: The Father, Michael D. Burchfield with his counsel, Jessica Holst, Esquire, Mid Penn Legal Services and the Mother, Mary L. Davis, with her counsel, Mark F. Bayley, Esquire. HON PLEAS OF ,PENNSYLVANIA ACTION - LAW is the subject of this Y IN CUSTODY OF 3. The parties agreed to an Order in the form as r'r-o6 Custody M. V Date / 4 ff ey, Esquire AUG 2 7006 /`l M4 MICHAEL D. BURCHFIELD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3677 CIVIL ACTION - LAW MARY L. DAVIS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 0'-1 day of , 2006, upon consideration of the attached Custody Conciliation eport, it is ordered an d directed as follows: 1. The prior Order of Court dated August 11, 2006 shall remain in full force and effect with the following modifications: 2. Father shall have physical custody of the child until September 10, 2006 at 6:00 p.m. Beginning September 10, 2006 the parties shall have shared physical custody on a week on/week off basis with Mother having the first week. The exchange day and time shall be Sundays at 6:00 p.m. 3. The parties and their companions shall remain in their vehicles during exchanges. 4. The parties shall cooperate with PA Counseling and follow any recommendations made by the counselor and the psychiatrist. T` 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for October 26, 2006 at 9:30 a.m. J. cVssica Holst, Esquire, Mid Penn Legal Services, Counsel for Father vfark F. Bayley, Esquire, Counsel for Mother J 90 -,Z lqd R 9AV 900Z AHVIOidO'-uc)?A 3HI 30 H c-o9lH MICHAEL D. BURCHFIELD, Plaintiff V. MARY L. DAVIS, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3677 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Clayton J. Burchfield January 18, 1996 Mother 2. A Conciliation Conference was held in this matter on August 24, 2006 with the following in attendance: The Father, Michael D. Burchfield, with his counsel, Jessica Hoist, Esquire, Mid Penn Legal Services and the Mother, Mary L. Davis, with her counsel, Mark F. Bayley, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated August 11, 2006 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody. 4. The parties agreed to an Order in the form as attached. Date (fac eline M. Verney, Esquire Custody Conciliator r OCT 3o ijo4ow MICHAEL D. BURCHFIELD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3677 CIVIL ACTION - LAW MARY L. DAVIS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this P.-.4 day of fi , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is sc puled in Court Room No. 3 , of the Cumberland County Court House, on the day of , 200, at /'d o'clock, 1L. M., at which time testimony will e taken. or purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated August 11, 2006 and August 29, 2006 shall remain in full force and effect with the following additions: 3. Father shall assure that the child transfers to Mother's physical custody on her designated week. 4. Mother shall contact the child's counselor and participate in the child's counseling if recommended by the counselor. Father shall make the child available for the counseling with Mother. 5. Thanksgiving shall be divided into two blocks. Father shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. 6. Christmas shall be divided into two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in 2006 and Mother shall have Block B in 2006. z? 7. The parties shall have liberal telephone contact with the child. Neither party will prevent nor negatively influence the child from talking to the non-custodial parent. 8. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY T OURT, Edward E. Guido, J. cc/ssica Holst, Esquire, Mid Penn Legal Services, counsel for Father Mark F. Bayley, Esquire, counsel for Mother 4 :'1 14j Z- t,0N Sip 0 Z MICHAEL D. BURCHFIELD, Plaintiff V. MARY L. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3677 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Clayton J. Burchfield January 18, 1996 shared 2. A Conciliation Conference was held October 26, 2006 with the following individuals in attendance: The Father, Michael D. Burchfield, with his counsel, Jessica Holst, Esquire, Mid Penn Legal Services, and the Mother, Mary L. Davis, with her counsel, Mark F. Bayley, Esquire. 3. The Honorable Edward E. Guido previously entered Orders of Court dated August 11, 2006 and August 29, 2006 providing for shared legal custody and shared physical custody on a week on/week off basis. 4. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody, with Mother having alternating weekends. Father maintains that the child does not want to reside with his mother and that Mother abandoned the child, dropping him and bags of his clothing with Father. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody. Mother claims that Father was abusive to her and the child witnessed the abuse. The child displays a degree of parental alienation, refusing to go with Mother for her week of custody and swearing at Mother at exchanges. Father has not enforced the Court's Order mandating the child's week with Mother. Mother maintains that Father is negatively influencing the child regarding her relationship to the child's detriment. The child is currently receiving family based counseling while at Father's and Mother agrees to contact the family based team to be included in the counseling. Mother also claims that Father has mental health issues. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order of Court granting shared legal custody and shared physical custody on a week on/week off basis. It is expected that the Hearing will require one day. l0-3o -0( _ /k - ", Date acq line M. Verney, Esquire Custody Conciliator C MICHAEL D. BURCHFIELD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-3677 CIVIL TERM MARY L. DAVIS, IN CUSTODY Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Michael Burchfield, Plaintiff, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing fteg legal services to the party. Jessi a Holsl, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ? ? ;°- --a w,Y, , ; ° r = 1 ?_ ?l '? .. r,?wF ?._:., ?? ? ? ? i.?? „Y .o. i?? MICHAEL D. BURCHFIELD, Plaintiff VS. MARY L. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3677 CIVIL TERM IN CUSTODY MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM AND REQUEST FOR COURT ORDERED CUSTODY EVALUATION Plaintiff, Michael Burchfield, hereinafter "Father" and Defendant, Mary Davis, hereinafter "Mother", by and through their respective counsel, MidPenn Legal Services and Mark Bayley, Esquire, state the following: 1. The parties in this matter are the natural parents of the minor child, Clayton, Burchfield, born January 18, 1996. 2. The parties separated in May 2005, and Father filed a Complaint in Custody seeking primary physical custody. 3. The parties have attended several custody conciliation conferences and have abided by a shared week-on/week-off custody schedule. At the final custody conciliation conference on October 26, 2006, the parties were unable to reach an agreement for a more permanent custody schedule and this matter was scheduled for a January 5, 2007, hearing before Judge Edward Guido. 4. The parties, through their respective counsel, have requested that this Court appoint a guardian ad litem for the minor child. 5. The Children's Advocacy Clinic at The Dickinson School of Law has accepted the Court's request to serve in this capacity on behalf of Clayton Burchfield. 6. The parties and the guardian ad litem jointly request that this Court determine whether county funds in the amount of $2500 are available to finance a court- ordered custody evaluation through Riegler Shienvold & Associates. This is a cost significantly below that of the usual custody evaluation and would be done at the lower cost understanding that both parties are limited financially and would not otherwise be able to obtain such evaluation. 7. The parties and the guardian ad litem agree that this hearing should be postponed to allow sufficient time for the guardian ad litem to become familiarized with the case and prepare for such hearing. 8. In the interim, the parties have reached an informal agreement for a custody schedule that will remain in effect until further Order of Court. WHEREFORE, the parties request that this Court a) Postpone the hearing originally scheduled for January 5, 2007. b) Appoint the Children's Advocacy Clinic as guardian ad litem for the minor child. c) Order a custody evaluation that would be financed through county funds, if available. d) Any additional relief this Court finds equitable and proper. submitted, Jes, ioh Holt, Esquire NVdPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 MICHAEL D. BURCHFIELD, Plaintiff VS. MARY L. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3677 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Plaintiff, Michael Burchfield, hereby certify that I have served a copy of the foregoing MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM AND REQUEST FOR COURT ORDERED CUSTODY EVALUATION on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Mark Bayley, Esquire 57 W. Pomfret Street Carlisle, PA 17013 Children's Advocacy Clinic 45 N. Pitt Street Carlisle, PA 17013 Date: " Jess' apolst Esquire Mi enn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ;a ? r.? ?" ?.•^ ?? S? .-. ?? t LJ3 -,}• ,'? ' ?x7 LG' MICHAEL D. BURCHFIELD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARY L. DAVIS : NO. 2006 - 3677 CIVIL TERM : CIVIL ACTION -CUSTODY \ ORDER OF COURT AND NOW, this 4TH day of JANUARY, 2007, The Children's Advocacy Clinic, (45 North Pitt Street, Carlisle, Pa.) is hereby court appointed guardian ad litem to represent the juvenile CLAYTON J. BURCHFIELD in the above captioned custody matter. The Guardian ad litem is hereby authorized, pursuant to 42 Pa.C.S.A. § 6311 (13)(2), to timely access to all relevant court and Children and Youth records, reports of examination of the parents or other custodian of the child and medical, psychological and school records. Edward E. Guido, J. /Jessica Holst, Esquire For the Plaintiff Mark Bayley, Esquire For the Defendant ,he Children's Advocacy Clinic 45 North Pitt Street Carlisle, Pa. 17013 :sld P„FY Tf o U .C Wd S" NVr LOOT AUVIaNOHiWd BU -40 30Ww ami C'. % JAN 0 8 2007r MICHAEL D. BURCHFIELD, Plaintiff VS. MARY L. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3677 CIVIL TERM IN CUSTODY ORDER OF COURT w AND NOW, this day of A&, 2007, upon consideration of the MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM AND REQUEST FOR COURT ORDERED CUSTODY EVALUATION, the following Order is entered: 1. The January 5, 2006, hearing in this matter is continued until 674 , 2007, at 1-: 06 A .m. in Courtroom Number 3 of the Cumberland County Courthouse. 2. The Children's Advocacy Clinic is hereby appointed as guardian ad litem for the minor child, Clayton Burchfield. The guardian ad litem is appointed to represent the child's best interests and shall have access to any school, mental health or Children and Youth records in order to reach a determination of the child's best interests. 3. The amount of $2500 shall be released to Riegler Shienvold & Associates for purposes of a custody evaluation. Counsel for the parties and the guardian ad litem shall coordinate with the custody evaluator to establish a schedule for the evaluation and the parties are ordered to comply By J. 3 with the evaluation process. All Nno 9Z ,C W8 6- NVr LDOZ AbviolkZkIQU 34 AO Distribution: Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Mark Bayley, Esquire 57 West Pomfret Street Carlisle, PA 17013 Child Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 MICHAEL D. BURCHFIELD, PLAINTIFF V. MARY LOU DAVIS, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 06-3677 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY MOTION FOR CONTINUANCE The Children's Advocacy Clinic (CAC), as Guardian Ad Litem (GAL) for Clayton J. Burchfield, represents the following: 1. The CAC was appointed as GAL by Order of Court on January 9, 2007. 2. A Custody Hearing is scheduled before this Court on March 26, 2007 at 9:00 a.m. 3. The Order of Court dated January 9, 2007, ordered a custody evaluation to be conducted by Riegler Shienvold & Associates. 4. While Dr. Kasey Shienvold has commenced the custody evaluation process, the evaluation will not be complete until the end of April. 5. Pursuant to Cumb. Co. R.C.P. 208.2(d), GAL sought concurrence of counsel for Mother and Father regarding a continuance. At the time this Motion was filed, GAL received concurrence from Father's counsel, but had not received a response from Mother's counsel. WHEREFORE, the GAL respectfully requests that this Court enter an order continuing the hearing for some date after April 30, 2007. Respectfully Submitted, Date: March 8, 2007 _kAthj /I Katherine M. Fitz-PatriCertified Legal Intern -Walsh Superv-King Attorney Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 r? ?? ? ?_ :? =°r? ?`° ? -,-; `" - ? r7 ? ?.?' _ :_-: . - « ..... " ??.s ,:'... ? ?+, .?E:,. MICHAEL D. BURCHFIELD, PLAINTIFF V. MARY LOU DAVIS, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 06-3677 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Clayton J. Burchfield, minor child, to proceed in forma pauperis. The Children's Advocacy Clinic, Guardian Ad Litem for the party proceeding in forma pauperis, certifies that the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, 0, 4- -1- " Paku;eL .... S ) ? / Date Katherine Fitz-PatriCertified Legal Intern r4l, t G?a -?L Lucy JoWt6n-Walsh Kate Lawrence Supervising Attorney Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C`) ?=i ? ?? CJ ?"? ?. ....a ? ? ? ??? -. 't i ' { !" ? ?. ?{!w ? 4 ?.- ?.' ? .._ ? f ;, '?'? as oa MICHAEL D. BURCHFIELD, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3677 CIVIL TERM MARY LOU DAVIS, : CIVIL ACTION - LAW DEFENDANT : IN CUSTODY ORDER OFF COUR AND NOW, this day of 2007 upon consideration of the attached Motion for Continuance, the motion is granted. The hearing is continued until this ? .4 &A day of P? , 2007c4'_/• 'Of '417 - essica Holst, Attorney for Michael Burchfield x / ,,Hark Bayley, Attorney for Mary Lou Davis Judge Edward Guido ? ti rti,J !rd c110111;OR ElHi 20 MICHAEL D. BURCHFIELD, Plaintiff V. MARY LOU DAVIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3677 CIVIL TERM :CUSTODY MOTION FOR CONTINUANCE Plaintiff, Michael D. Burchfield, by and through his attorney, Jessica Holst of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. This matter was originally scheduled, by Order of Judge Edward E. Guido, for a hearing on March 26, 2007, at 9:00 a.m. 2. The parties have been participating in a custody evaluation with Dr. Kasey Shienvold. The final report could not be completed by March 26, 2007, and the parties agreed to request that the hearing be continued. 3. Judge Edward E. Guido rescheduled this matter for hearing on May 7, 2007, at 1:00 p.m. 4. Counsel for Plaintiff and counsel for Defendant are scheduled for a custody hearing before Judge M.L. Ebert on May 7, 2007, at 1:30 p.m. That matter was scheduled by Order dated February 8, 2007. 5. Counsel for both parties concurs with the request for a continuance of the hearing in this matter. i 6. The Children's Advocacy Clinic, as guardian ad litem for the minor child, concurs with this request for a continuance of the hearing in this matter,, with the request that it be scheduled for the nearest available date after May 7, 2007. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule the hearing in this matter. Respectfully Submitted, 401 East Louther Street Carlisle, PA 17013 P-o -=z LIAR 19 2007 of MICHAEL D. BURCHFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3677 CIVIL TERM MARY LOU DAVIS, Defendant :CUSTODY ORDER FOR CONTINUANCE AND NOW, this AAday of March, 2007, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 7, 2007, at 1:00 p.m. by this Court's Order of March 13, 2007, is hereby rescheduled for hearing on Mav 14, 2007, at I !DO - p.m. in Courtroom No. 3 on the 4`h Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Edward E. Guido, Judge Distribution: ssica Holst, Esquire, 4-dPenn Legal Services, 401 East Louther Street, Carlisle, PA 1,7013 VMark Bayley, Esquire, Bayley & Mangan, 57 West Pomfret Street, Carlisle, PA 17013 Xatherine Fitz-Patrick, Certified Legal Intern, 45 North Pitt Street, Carlisle, PA 17013 J ,vjjV, A-JAS Nedt??n t°'M?11 o 00 •Z4 Wj ! Z HVW LODZ AVjQNaUQ8d 34-40 .JIm?o' 031 Michael D. Burchfield, Plaintiff V. Mary Lou Davis, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY :NO. 06-3677 CIVIL TERM MOTION FOR CONTINUANCE The Children's Advocacy Clinic, Guardian Ad Litem for minor child, Clayton Burchfield, represents the following: 1. On January 4, 2007, the Children's Advocacy Clinic was appointed Guardian Ad Litem to represent the minor child, Clayton J. Burchfield, by Order of Judge Edward E. Guido. 2. On January 9, 2007, Judge Guido issued an order scheduling the hearing for March 26, 2007, at 9:00 a.m. 3. On March 13, 2007, this Court rescheduled the hearing to May 7, 2007 upon motion and agreement of the parties to accommodate completion of a Custody Evaluation. 4. On March 20, 2007, this Court issued an order rescheduling the hearing for May 14, 2007 at 1:00 p.m. upon consideration of motion to reschedule based on counsels' scheduling conflicts. 5. On May 1, 2007, the Guardian Ad Litem and counsel for both parents received the custody evaluation completed by Dr. Kasey Shienvold. 6. The Guardian Ad Litem now requests a general continuance in order to allow the parties the opportunity to reach an agreement, based on information provided in the completed custody evaluation. 9. Pursuant to Rule 208.2(d) of the Cumberland County Rules of Procedure, concurrence of all counsel was sought. Counsel for both parents concurs with the request for a general continuance of the hearing in this matter. WHEREFORE, Guardian Ad Litem requests that the Court grant this Motion for a general continuance of the May 14, 2007 custody hearing. Respectfully Submitted, Date: May 2, 2007 ''KAT CRAMER LAWRENCE v' LUCY JOHNSTON-WALSH Supervising Attorneys Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 n C=' O +1 I M, t 3 J O p ` CZ) gy / I MAY 0 2 2007 Michael D. Burchfield, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Mary Lou Davis, Defendant : NO. 06-3677 CIVIL TERM ORDER OF COURT 22 AND NOW, this 7 day of , 2007, upon consideration of the attached Motion for Continuance, the motion is granted. A general continuance is issued in this matter and a new hearing date will be set upon request of counsel. BYE COURT: .5-3-D Date Judge Edward E. Guido Distribution: pt!hildren's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 essica Holst, Esquire MidPenn Legal Services 401 East Louther Street y Carlisle, PA 17013 ,Mark Bayley, Esquire 57 West Pomfret Street Carlisle, PA 17013 q ih4(-, LUZ j,?; liu l `' `'r 4 V l`l?l MICHAEL D. BURCHFIELD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARY L. DAVIS NO. 2006 - 3677 CIVIL TERM CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, this 20TH day of JUNE, 2007, a hearing in the above captioned custody matter is scheduled for FRIDAY, AUGUST 31, 2007, at 9:00 a.m. in Courtroom # 3. /essica Holst, Esquire For the Plaintiff lark Bayley, Esquire For the Defendant /he Children's Advocacy Clinic 45 North Pitt Street Carlisle, Pa. 17013 J 1 Edward E. Guido, J. sld f eed r?l"N , Lr W Ef?4 P 1 Al" N" L 1 .g WV I Z nr LOOZ MICHAEL D. BURCHFIELD, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3677 CIVIL TERM MARY LOU DAVIS, : CIVIL ACTION - LAW DEFENDANT : IN CUSTODY CUSTODY AGREEMENT The parties, Plaintiff, Michael D. Burchfield and Defendant, Mary Lou Davis, hereby agree to have the following custody agreement made an order of court: 1. Plaintiff, Michael D. Burchfield (hereinafter "Father") and Defendant, Mary Lou Davis (hereinafter "Mother"), are the parents of Clayton J. Burchfield (hereinafter "minor child"), born January 18, 1996. 2. Father and Mother shall have shared legal custody of minor child. All major decisions affecting minor child's growth, health, education, welfare, and development shall be made jointly by both parents. If emergency medical treatment shall be required, the parent having care of the minor child at the time may arrange for treatment but shall notify the other parent as soon as possible. 3. Father shall have primary physical custody of minor child. 4. Mother shall have periods of partial physical custody of the minor child as follows: a. Every other weekend, beginning at 11 am on Saturday and ending on Sunday at 7 pm. b. Every other Wednesday afternoon from 4 pm until 7 pm. 5. During any periods of Mother's custody, the minor child shall not be left alone with Mother's paramour, John Harrison. 6. Subject to the conditions of paragraph 5, Mother shall have partial physical custody of the minor child for one (1) uninterrupted week during the school district's summer vacation. Mother shall provide notice to Father two (2) weeks prior to the beginning of her one week period. 7. Subject to the conditions of paragraph 5, Father and Mother shall have custody of the minor child according to the following holiday schedule. The holiday schedule shall supersede the other schedule. HOLIDAY TIMES EVEN ODD YEARS YEARS Memorial Day From 4pm the evening before the holiday Father Mother until 7 pm the day of the holiday Fourth of July From 4pm the evening before the holiday Mother Father until 7 pm the day of the holiday Labor Day y From 4pm the evening before the holiday Father Mother until 7 pm the day of the holiday From 4pm until 9pm the day of the Halloween holiday (or whichever day trick-or- Mother Father treating is held Thanksgiving From 4pm the evening before the holiday Mother Father until 2 pm the day of the holiday Christmas Block A From Christmas Eve at noon until Father Mother Christmas Da at noon Christmas Block B From Christmas Da at noon until 7 Mother Father December 2 at noon New Years From 4pm the evening before the holiday Mother Father until 7 pm the day of the holiday Minor Child's Birthda From 4 pm to 7 pm on Clayton's Birthday Mother Father Easter From 4pm the evening before the holiday Father Mother until 7 pm the day of the holiday Mother's Day y From 4pm the evening before the holiday Mother Mother until 7 pm the day of the holiday Father's Day y From 4pm the evening before the holiday Father Father until 7 pm the da of the holiday 8. Transportation shall be shared such that the parties shall exchange custody of the minor child at Saylor's Market in Newville. If Father and Mother both agree, alternative transportation may be arranged. 9. Both parties shall begin co-parenting classes through an organization such as ParentWorks. Parents will split the cost of the co-parenting classes. 10. Father shall continue individual mental health counseling and Mother shall begin mental health counseling as soon as possible 50 lay C,S ' 4 CC-A be 0s1-C?.KQ4 toy k e c 11. Both parents shall ensure that the minor child continues individual therapy. free o? C kar 12. Neither parent shall allow the use of illegal substances nor drug related paraphernalia in their residence nor in the presence of the minor child at anytime. b,\t t 3 ?, M?WL .n AVW CMC z(?;n , k,e.w ?--'r . FDII",i vj 4chex r?. ,^c d t?,r,t CA ft, 51,v- w i }1, ?cE+ 0-ds•, tP 13. Mother and Father shall provide each other with an accurate address and telephone number. 14. Mother and Father shall provide prompt notice to each other of address changes. 15. Neither parent will do or say anything that may estrange the minor child from the other parent. Neither parent shall allow a third party to make disparaging comments regarding the other parent in the presence of the minor child. 16. Both parents shall ensure reasonable and private telephone communication with the other parent and other relatives, by allowing the minor child to call the non-custodial parent every Saturday at 7 pm. 17. If Mother and Father both agree, they may make reasonable changes to the provisions of this agreement, otherwise the terms of the agreement prevail. 18. This Custody Agreement shall remain in full force until the hearing scheduled on August 31, 2007. CONSENTED TO: 7- a- goo? Date (gate- +I -Z ? ?- Date Mary M6k Bayley, Esquire Attorney for Defendant Katherine Fitz-Patrick, Ce d Legal Intern Guardian Ad Litem for the child Lucy Job Ptbn-Walsh, Esquire GuardiaiVAd Litem for the child C`7 c?a ? '"?"? C ?; .-y,,-?? ?_ fi?? .-t-. --, '?s ?`t'f .:? ? ?? JUL MICHAEL D. BURCHFIELD, PLAINTIFF V. MARY LOU DAVIS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3677 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 0 820V,,,,l t% ORDER OF COURT AND NOW, this day of WjApr 2007, upon consideration of the attached Custody Agreement, it is ordered and direc d as follows: 1. A Custody Hearing is scheduled in Court Room No. 3, of the Cumberland County Court House, on the 31St day of August, 2007, at 9:00 a.m. 2. Pending further Order of Court or agreement of the parties, the attached Custody Agreement shall remain in full force and effect. Distribution: Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 ??v,G,.C 'I - ?b - b 7 Mark Bayley, Esquire 57 West Pomfret Street Carlisle, PA 17013 The Honorable Edward E. Guido ID 91 =Zi t'lc! 1 -klI L UZ ( 4 MICHAEL D. BURCHFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-3677 CIVIL TERM MARY L. DAVIS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 31st day of August, 2007, after hearing, all prior orders in this matter are vacated and replaced with the following. 1. The Father, Michael D. Burchfield, and the Mother, Mary L. Davis, shall have shared legal custody of Clayton J. Burchfield, born January 18, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody from noon until 5:00 p.m. on the following days: A. Every Sunday except for Father's Day weekend, when her visitation shall be on Saturday from noon until 5:00 p.m. B. Alternating holidays beginning with Labor Day 2007, and including Memorial Day and July 4th. C. Every Christmas. D. Every Thanksgiving. E. At such other times as the parties agree. 4. Mother's periods of partial custody shall be exercised outside the presence of John Harrison or any residence in which he resides until further Order of Court or until the parties expressly agree in writing otherwise. Said written agreement shall include the consent of the guardian ad litem. 5. All custody exchanges shall take place in the front parking lot of the Nell's Supermarket in North Middleton Township along Spring Road. The parties shall park in different rows, and the child shall walk to Mother's car in the sight of Father. Neither party shall have any contact with the other absent an emergency during the periods of exchange. 7. The parties shall cooperate with the child's counseling with Mr. Mitten, signing releases if necessary, so that he may discuss the child's treatment with both parents. Father shall determine if Mr. Mitten will include mother in the child's counseling. It is our express desire that the child and Mother be able to talk out their differences in a therapeutic setting. 8. Mother may have liberal telephone contact with the child. Father shall not prevent the contact nor negatively influence the child when talking to Mother. Father shall also not talk to Mother during those times. 9. The parties may modify the provisions of this Order by mutual consent. Said mutual consent shall include the consent of the G.A.L. In the absence of mutual consent, the terms of this Order shall control. /dessica Holst, Esquire For the Father ,Xgrk F. Bayley, Esquire For the Mother p'ucy Johnston-Walsh, Esquire The Children's Advocacy Clinic srs Edward E. Guido, J. ti ,1l ? ' ? f,?. ? ?, ??? avt?, ? ??? ? ??: ,,???y3? ?, S?.i S?{?a vi ?i,? ???17 C1V ?1J?,