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HomeMy WebLinkAbout06-5292GINGER M. BJURSTROM, Plaintiff V. NATHANIEL G. MICHAEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Ginger M. Bjursimul, an adult individual currently residing at 617 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 2. Defendant is Nathaniel G. Michael, an adult individual currently residing at 7432 Spring Road, New Bloomfield, Perry County, Pennsylvania 3. The parties are the natural parents of two (2) children, namely Lawson Gregory Michael born January 18, 2002, and Mckayla Ashley Michael, born August 24, 2000. The children were born out of wedlock. 4. For the past five (5) years, or since the children' birth, the children have resided with the following persons at the following addresses for the following periods of time: NAME Ginger M. Bjurstrom and Nathaniel G. Michael ADDRESS DATES 4 South View Circle 8/24/00-6/10/05 Shermansdale, Perry County Ginger M. Bjurshom and Nathaniel G. Michael 7432 Spring Road 6110/05-8/21/05 New Bloomfield, Perry County Ginger M. Bjwvmm 15 Roosevelt Street 8/21/05- 6106 Nancy Bjurstrom Enola, Cumberland County (maternal Grandmother) Dennis Schaffner (Grandmother's paramour) Ginger M. Bjurstrom 617 Bosler Avenue 6/06-Present Lemoyne, Cumberland County The natural mother of the children is Ginger Bjutstrom who resides as aforesaid. She is single. The natural father of the children is Nathaniel Michael who resides as aforesaid. He is single. 5. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the children. 6. The relationship of the Defendant to the children is that of natural father. Defendant currently resides atone. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children except for an Order of Court entered involving a Protection From Abuse (hereinafter referred to as "PFA") Action granting custody of the minor children to Plaintiff (see Order of Court attached hereto as Exhibit "A') . 8. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the child to grant the relief requested a) Plaintiff has been and continues to be the children' primary caregiver and Plaintiff believes it is in the children' best interest that she be allowed to continue having primary, physical custody of the children; b) Plaintiff wishes to have an Order of Court entered establishing a set custody schedule which will be followed upon expiration of the current PFA order; c) Defendant has a history of alcohol abuse and has refused to seek treatment; d) It is alleged Defendant has consumed alcohol during his periods of custody with the children; and e) Defendant has shown an inability to provide for the financial, physical, or emotional needs of the children including leaving the minor children with relatives rather than spending time with the children during his periods of custody. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to eater an Order of Court providing her with primary physical and legal custody of the children. Respectfully submitted, Wendy J. F. Cn Attorney for PI 3618 N. 6s' S4 P.O. Box 5292 Harrisburg, PA 17110 (717) 2346001 EYMIT "A" 43-40-2445 41:iSPN . FRO14,414PON LEGAL SERVICES TIT 234 44115 T-442 P. 021A06 F-03T GINGER MARRIE BJURSTROM and minor :1N THE COURT OF COKNiO\' children, McKAYLA ASHLEY MICHAEL, :PLEAS FOR THE 41ST LAWSON GREGORY MICHAEL : JUDICIAL DISTRICT PERRY Plaintiff : COUNTY, PENNSYLVANIA V. NATHANIEL. GREGORY MICHAEL Defendant No. FC-2005-243 CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL OF COURT Defendmrs Name: NATHANIEL GREGORY MICHAEL Defendant's Dam of Birth: July 28,1975 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names 1. GINGER MARRIE BJURSTROM 2.- McKAYLA ASHLEY MICHAEL 3. LAWSON GREGORY MICHAEL Plaintiff or Protected Person(a) is/are: [Xl [Xl [l [l spouse or former spouse of Defendant parent of a common child with Defendant Data of Bitch Mareb 9,1978 August 24, 2000:=tea January I8, 3007 n o -;V h C> current or former sexual or intimate partner with Defendant child of Plaintiff child of Defendant family member related by blood (consanguinity) to Defendant family member related by marriage or affinity to Defendant sibling (person who shares biological parenthood) of Defendant current or.former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R-C.P. 1930.4 and pm%ided notice of the time, date and location of the beating scheduled in this matter. Appearances by Patties and/or Counsel: • Plaiafit'f appeared personally and is represented by: Harry Witte, Esquire. • Defendant appeared personally and is represented by: 09-88-2005 DI:2TPIt FR"IDPM LEGAL SUNICES TIT 234 0495 T-402 P.003Po55 F-03T Barbara Wevodan, Esquire AND NOW, this 2nd Day of September, 2005 the court having jurisdiction over the parties and the subj eet-rnatter, it is ORDERM, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent older, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: PlaintiMs request for a Herat protection order is granted. 1. Defendant shall not abase, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or eny other protected person in any place where they might be found. 2. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order. at any location, including but not limited to any contact at Plaintiffs scbool, business, or place of employment. Defendant is specifically ordered to stay away front the following locations for the duration of this order. Plaintiff's place of employment 3. Except as provided in paragraph 4 of this Order, Defendant shall not contact the Plaintiff or any other pawn protected under this Order, by telephone or by any outer means, including through third persons. 4. Custody of the following mirror chikhm: 1. McVAYLA ASHLEY MICHAEL 2. LAWSON GREGORY MICHAEL shall be as follows: • Primary physical custody of the minor chlWren is awarded to the Plaintiff • - A separate custody action will be filed. However, the interim custody provision shall be as follows: 1. Father shag have periods of custody with the children. Said periods of custody shall take place on alternating weekends from Saturday at 9:00 am. until Sunday at 5:00 p.m., commencing this weekend, so that this Saturday at 9:00 am. Father takes custody of the children. 2. Father shall not consume alcohol or controlled OKI-teas a1:2TPM FRO"IDPENN LEGAL SERVICES TIT 234 0466 T-02 9.004/006 MIT I, substances prior to or during his period of custody. 3. The parties shall share transportation for Father's periods of custody with Mother dropping the children off at the Turkey Hill on Route 114 on Saturday mornings and Father picking the children up at the same location and at the same time. Father shall drop the children off at the same location on Route 114 on Sunday evenings, at which time Mother will pick the children up. 4. It is understood that daring Father's periods of partial custody, the children will, In fact, be with Father daring that period of time. S. There is also an agreement that if the Father recognizes that the daughter has significant problems with separation andety, the Father shall make arrangements with Mother to return the daughter early. Fatba shall allow daughter to telephone Mother daring Father's partial custody to alleviate said anxiety. 5. The fblkmv mg additional relief is granted as authorized by §6108 of the Act: Enjoin Dekndant to pay Plaintiff for the reasonable fmancial losses suffered as the result of the abuse, to be determined at the bearing. (Wages lost, repairs to PlaiatifY's vehicle.) -Enjoin Defendant from damaging, destroying, removing or selling aoy property owned by the parties or coley by the Plade iff Plaice is requesting Perry County Sheriff accompaniment to the residence of Defendant at 7432 Spring Road New Bloomfield, PA 17068 to obtain her and the children personal belongings. -Both parties agree to accelerate their participation in the Seminar For Separating Parents. -Defendant shall have no contact with the Plaintiff, except with respect to verbal contact concerning the care and welfare of the children. -When arrangements are made with law enforcement, Mother shall be permitted to go to Father's boast to pick up immediately needed clothing and personal dies for the ehildrm and herself. -Counsel for both parties shall work out a schedule and the logistics for Mother to retrieve other personal belongings from Father's house and daring that time Father will either be absent from the house or will arrange to have a Constable present for the transfer. Mother will provide, in advance, a list of the nmjor items to be removed dm iug the proem of setting rap the arrangements for that transfer. OA-Ot-2005 01MPM • PRO"IDPENN LEWL SERVICES TIT 234 006 T-402 P.005/009 MIT -Mother shall retrieve the two dogs and the eat that belong to Mother and the children. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter. Pennsylvania State Police, Newport East Pennsboro Police Department Bloomfield Boro Police Department 7. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 2. ANY PRIOR ORDER RELATINO TO CHII.D CUSTODY L All provisions of this order shall expire on: September 2, 2006 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S_ TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U-S.C 1§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. 1922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shalt enforce this order. An arrest for violation of Paragraphs 1 through 3 of this order tray be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 66113. Subsequent to srrcat, the police officer shall sei2e all weapons used or tareazemd to be used during the viobdion of the protection order or dining prior incidents of abuse. The Perry County Sheriff Department shall maintain possession of the 01-01-2005 01:2TPN PRO"IOPENN LEGAL SERVICES TIT 234 0416 T-412 P 0081006 P-03T weapons until firrther order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufTtcient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both patties given notice of the date of the heating C. Jo Re p, P.J. 41?1? Date ST WITTE, ESQUIRE ,RA WEVODAU, ESQUIRE POLICE POLICE TIC VIOLENCE WITNESS COORDINATOR ADIV[lIdISTRATOR VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.V,.S. Section 4904, relating to unworn falsifications to authorities. DATE: S- J-O t o AJL GING M. AAASTMM, Plaintiff Q n_ Y N co m <n 0 m -n CTS T.1 fS 74 T4 Jn GINGER M. BJURSTROM IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NATHANIEL G. MICHAEL DEFENDANT 06-5292 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 14, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, October 27, 2006 at 12:30 PM 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/ Melissa A Gree% Esc, 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 1701.3 Telephone (717) 249-3166 A / JO,SI b ?1? ff'" r?oyr, .2o Sl y GINGER M. BJURSTROM, Plaintiff V. NATHANIEL G. MICHAEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5292 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 29 day of September, 2006, comes Wendy J. F. Grella, Esquire, counsel of record for Plaintiff, Ginger Bjurstrom, and states that a true and attested copy of the Complaint for Custody and related Order of Court dated September 14, 2006, was forwarded to Nathaniel G. Michael, 7432 Spring Road, New Bloomfield, Pennsylvania 17068, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on September 25, 2006. Wendy J. F. Grella,-E-sc Attorney for Plairff 3618 N. 6°i Street -- P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 L;t:h i 11-Itu MAILTM RECEIF (Domestic Mail Only; No Insurance Coverai ..11 r iv,* < uL "if .c t.u r ri [ r uoij - - r_j M Postage $ C3 Certified Fee t • t „T 0 Return Receipt Fee $? (Endorsement Required) O Restricted Delivery Fee ' r-3 (Endorsement Required) CO C7 Total Postage & Fee s O3 71M"r ' C3 Sent To r C7 _ ----...--------------- ------- or PO Box No. 2 City, State. Z + .----- - ------- ---- ?.? -------- ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: -?3 2 KO(3,0 p1P? l TOO, A. Signature X ? Agent 0 Addressee B by (PrintedN?ame C. Date of Delivery ZZi; r- '4 . - a ? -ex;x ;. 0 b D. Is deliveryaddress different from ftem 1? 0 Yes If YES, enter delivery address below: 0 No 3. Servi ifled Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) es 2. Article Number (Transfer from sewtce 7006 0 810 0004 3 316 1653 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 - fem. CD 4' NOV 0 3 2006 GINGER M. BJURSTROM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NATHANIEL G. MICHAEL, Defendant NO. 06-5292 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of November, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Mother shall have legal custody of the minor children, Lawson Gregory Michael, born January 18, 2002, and McKayla Ashley Michael, born on August 24, 2000. 2. Physical Custody. Mother shall have primary physical custody of the minor children. Father shall have supervised visitation up to two times per week at the Harrisburg YWCA. In order for supervised visits to occur, Father shall contact the Harrisburg YWCA at 1-800-654-1211 and notify Mother's counsel after he has done so. 3. Father shall participate in a drug and alcohol evaluation, at his expense and follow up with any treatment which is recommended by the evaluator. The evaluator shall be a certified addictions counselor. Mother shall be given notice of the provider which Father selects for the chemical evaluation and shall be given an opportunity to provide her observations and experience with Father and her allegations regarding his chemical dependency issues. 4. If Father has attended the Seminar for Separating Families, or a comparable program, Father shall file a certificate with this Court and shall provide a copy of the certificate to Mother's counsel. If Father has not attended the Seminar for Separating Families, he shall do so within sixty (60) days of the date of this Order and file a certificate of attendance with the Court, copied to opposing counsel, within ten (10) days after his attendance at the seminar. Sl GD7 . 01 H L -- ACI', I Lo ti . NO. 06-5292 CIVIL TERM 5. The terms of this Order are temporary in nature and maybe subject to modification upon the agreement of the parties. Upon completion of the drug and alcohol evaluation and any treatment recommended by the evaluator, Father may petition the Court for modification of this Order. BY THE COURT: f J, C Dist: Nathaniel G. Michael, 7432 Spring Road, New Bloomfield, PA 17068 ? , 11 - 7 _ 6 6 Wendy J. F. Grella, Esquire, 3618 North Sixth Street, P.O. Box 5292, Harris org, PA 17110 J. J? GINGER M. BJURSTROM, Plaintiff V. NATHANIEL G. MICHAEL, Defendant NOV 0 3 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. NO. 06-5292 CIVIL TERM 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Lawson Gregory Michael January 18, 2002 Mother McKayla Ashley Michael August 24, 2000 Mother 2. Mother filed a Complaint Conciliation Conference was scheduled and Order of September 14, 2006 wei September 25, 2006. Mother's counse regard. Attending the Custody Conci Bjurstrom, and her counsel, Wendy J. F did not attend. for Custody on September 11, 2006. A Custody for October 27, 2006. The Complaint for Custody e served on Father via restricted delivery mail on I filed an Affidavit of Service with the Court in this liation Conference were: the Mother, Ginger M. Grella, Esquire. The Father, Nathanial G. Michael, 3. Father's position on custody: Father did not attend. Therefore, his position on custody is not known. 4. Mother's position on custody is as follows: Mother reports that although the parties had a temporary plan for custody included in the PFA. The PFA expired on September 2, 2006. Mother expressed concern regarding the status quo of the custodial arrangement for the following reasons: Mother reports that Father has been having overtime on some Saturdays and he has therefore not been exercising all of the custodial time that was available to him under the terms of the PFA. Rather, he would send his mother to pick up the children. While Mother did not object to working around Father's overtime schedule so that Father could spend time with the children, she objects to relinquishing her custodial time to his mother if Father is not going to be exercising the time available to him. Second, Mother expressed concern that Father is continuing to use A NO. 06-5292 CIVIL TERM alcohol during custodial periods. For instance, Mother indicated that at the time of the custodial exchange on October 15, 2006, Father was staggering and there were empty cans of beer in the car. Mother reports that Father refers to beer as "nectar of the goddess" and that now the parties' four year old son is referring to beer in the same way. Mother reports that anything associated with the drinking of beer is glorified by Father. Mother reports that Father appeared at a Perry County support conference before Patricia Fleisher on December 28, 2005 while intoxicated. Mother further reports that Father has been in rehab at least twice. He was in Deer Run before they were together. Additionally, Father went into rehab in the fall of 2005 but left after two days for a family funeral. The plan had been that he would return to the rehab, which he failed to do. In November of 2005, Mother reports that Father was in a severe motorcycle accident. She states that he told her that this accident occurred while he was on his way home from the Sherman's Creek Inn in Perry County. Mother believes that he had been drinking prior to the accident although Father was never charged with DUI. After the accident, Father was air lifted to Hershey Medical Center where he remained hospitalized for approximately three weeks. Among his injuries were a fractured vertebrae of his neck. Mother reports that Father has been banned from the White Oak Inn and from Pandemonium, both bars in Perry County. In June of 2006, Mother reports that Father had told her he had been warned by his boss because of drinking on the job. Finally, Mother reports that Father has been allowing the children to ride unrestrained in his vehicle. On one occasion, approximately one month ago, the parties' son was burned by a cigarette ash which apparently dropped from Father's cigarette. These incidents lead Mother to believe that Father has chemical dependency issues which have not been treated and they have impaired his judgment in such a way that would present a danger to the children. Accordingly, it is Mother's position that Father should have supervised visits, have a drug and alcohol evaluation and follow up with any treatment which may be recommended as a result of the evaluation. Mother also questions whether Father attended the Seminar for Separating Families as was ordered in the PFA more than one year ago. If Father has not attended, Mother would like Father to be required to attend the seminar. Mother reports that she took the Seminar for Separating Families in October of 2005. 5. Because Mother's Complaint was unopposed and because Father failed to appear at the conference and exercise his opportunity to be heard, and because the Conciliator considers Mother's concerns to be valid and attaches the recommended Order in the form it is attached. II t?d Date Melissa Peel Greevy, Esquire Custody Conciliator 285925 a 1 GINGER M. BJURSTROM, Plaintiff V. NATHANIEL G. MICHAEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5292 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this _Z ` day of November, 2006, comes Wendy J. F. Grella, Esquire, counsel of record for Plaintiff, Ginger Bjurstrom, and states that a copy of the Order of Court dated November 5, 2006, and Custody Conciliation Summary Report dated November 1, 2006, were forwarded to Nathaniel G. Michael, 7432 Spring Road, New Bloomfield, Pennsylvania 17068, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on November 15, 2006. I s Wendy J. F. tlaiitiff Attorney for 3618 N. 6th Street P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: -yam art Tul. Road A. Signature X ?WC B. Received by (Pdnted NarW) D. Is delivery address different from item 11 ? Ye: If YES, enter delivery address below: 0 No 06 ? ?T p 3. lc CertIIed J tNed Mail ? Express Mail 13 ?Registeredred M II 0 C.O.D. Receipt for Merchandise RESTRICTED ? 0 nrl 111=31 4. Restricted Delivery? (Extra Fee) 56es 2 7006 0810 0004 3307 9262 (rrwnfw from $W%** PS Form 3811, February 2004 Domestic Retum Receipt 1025"-M-ts40 n C- --i I 0 GINGER M. BJURSTROM Plaintiff VS. . NATHANIEL G. MICHAEL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5292 CIVIL TERM CIVIL ACTION - LAW IN CHILD CUSTODY Prior Judicial Assignment: J. Wesley Oler, Jr, Judge Prior Conciliator: Melissa P. Greevy, Esquire (John J. Mangan, Esquire in related case) Concurrence Status: See Paragraph 4 PETITION FOR LEAVE TO INTERVENE AND NOW, come Petitioners, Gregory E. Michael and Rosemary E. Michael, by and through their counsel, Linda A. Clotfelter, who file this Petition for Leave to Intervene, respectfully stating the following: 1. Petitioners are Gregory E. Michael and Rosemary E. Michael, (hereinafter referred to as "Grandparents"), adult individuals who reside at 7372 Spring Road, New Bloomfield, Perry County, Pennsylvania 17068. Grandparents are the natural paternal grandparents of the children that are the subject of this custody proceeding. 2. Respondent, Ginger M. Bjurstrom, (hereinafter referred to as "Mother"), is an adult individual who currently resides at 617 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. She is the Plaintiff in the above-captioned proceeding. 3. Respondent. Nathaniel G. Michael, (hereinafter referred to as "Father"), is an adult individual who currently resides 7432 Spring Road, New Bloomfield, Pennsylvania. He is the Defendant in the above-captioned proceeding. 4. Grandparents seek leave of court to intervene in this custody proceeding to seek partial custody and/or visitation of Lawson Gregory Michael, born January 18, 2002, age (5) years; and McKayla Ashley Michael, born August 24, 2000, age (7) years pursuant to 23 P.S. Section 5312. Father concurs with this Petition and Mother is presumed to oppose it since a significant amount of time has passed and her counsel refused to respond to Petitioner's counsel's request made via telephone. 5. Grandparents had initiated a separate custody action seeking visitation with the children filed to Civil Docket 2007-7410 and a conciliation conference was held before John J. Mangan, Jr., Esquire, Conciliator. 6. Despite agreeing upon an interim order at the conciliation conference, the Court granted Mother's Motion to Dismiss citing this prior proceeding and directing Grandparents to file this Petition to Intervene. A true and correct copy of the Order is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth. 7. Grandparents were not served with a copy of Mother's Motion to Dismiss and did not know that it was filed until after the Order was executed by the Honorable Judge J. Wesley Oler, Jr. Had Grandparents had notice of the Motion, they would have opposed it. 8. The entry of the Order was not known until days after the conciliation conference. 9. Mother has now refused to comply with the terms agreed upon at the conciliation between the parties and Grandparents have not been able to see the Children. 10. Grandparents wish to refile their request for visitation and/or partial custody of the Children, pursuant to 23 PS. Section 5312 and would seek same via the attached Complaint for Visitation and/or Partial Custody attached hereto as Exhibit "B" and incorporated herein. 11. The best interests and permanent welfare of the Children will be served by granting the relief requested for the following reasons: a) It is important for the children's social and emotional development to have a relationship with their grandparents and other extended family. b) The children have bonded strongly with their grandparents when they had significant contact when the family was intake and more recently and even stronger bond developed when the paternal grandmother (Petitioner herein) provided daycare for the children three days per week for approximately 5-6 hours per day for approximately one year. c) Due to Mother and Father's separation in August, 2005, and the deterioration of their relationship, Grandparents have been unable to see the children through either parent. d) Because of the strong prior relationship Grandparents had with the children they feel it is important to have time with them so that throughout their lives the children know that their Grandparents are there for them as a confidants, friends, or otherwise in the same way that they are available for their other granddaughter Caitlin Zeigler, their cousin age (11). e) Grandparents feel strongly about participating as fully as possible in the children's lives to the extent that is permitted by Pennsylvania law. Grandparents are unable to rely upon their son, Father, for contact with the children due to Father's personal issues and the current Order limiting his contact with the children to supervised visits at the YWCA in Harrisburg and therefore, the only way for the Grandparents to have any contact with his children would be by order of court for partial custody and/or visitation. WHEREFORE, Petitioners, Gregory E. Michael and Rosemary E. Michael, respectfully request that this Court grant this Petition for Leave to Intervene and enter an appropriate order acknowledging Petitioners as parties to this proceeding and permitting them to file a Complaint for Visitation and/or Partial Custody in the form as per Exhibit "B" attached hereto. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER By: inda A. Clotfelter, Esquire U Attorney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiffs 4111108 VERIFICATION We, Gregory E. Michael and Rosemary E. Michael, verify that the statements in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: 3 " / 7 " D I?f Date: .3-11- © 9 GRE Y E. MICHAEL ROSEMARY E. CHAS GREGORY E. MICHAEL : IN THE COURT OF COMMON PLEAS OF and ROSEMARY E. CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL, Plaintiffs V. CIVIL ACTION - LAW GINGER M. BJURSTROM : and NATHANIEL G. MICHAEL, Defendants NO. 07-7410 CIVIL TERM IN RE: DEFENDANT, GINGER BJURSTROM'S, MOTION TO DISMISS PLAINTIFF[S] COMPLAINT FOR CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 4th day of February, 2008, upon consideration of the Complaint for Partial Custody and/or Visitation filed in the above-captioned matter, and of Defendant, Ginger Bjurstrom's Motion To Dismiss Plaintiffts'] Complaint for Custody, and it appearing that an existing custody case was commenced in this county at No. 06-5292 Civil Term, containing a custody order in full force and effect with respect to the children who are the subject of Plaintiffs' complaint for custody/visitation herein, and it appearing further that Plaintiffs were aware of this existing case when they commenced the present action, Plaintiffs' complaint is dismissed, without prejudice to their right to file a petition to intervene in the action at No. 06-5292 Civil Term and to assert their claims in that action, and without prejudice to the right of either party in that action to oppose the intervention on grounds of lack of standing. BY THE COURT, U Jr Vesley blur, 20 tha saw, d, ?t owe s GINGER M. BJURSTROM Plaintiff Vs. NATHANIEL G. MICHAEL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5292 CIVIL TERM CIVIL ACTION - LAW IN CHILD CUSTODY Prior Judicial Assignment: J. Wesley Oler, Jr, Judge Prior Conciliator. John J. Mangan, Esquire COMPLAINT FOR VISITATION AND/OR PARTIAL CUSTODY PURSUANT TO 23 P.S. SECTION 5312 AND NOW, come Plaintiffs, Gregory E. Michael and Rosemary E. Michael, by and through their counsel, Linda A. Clotfelter, who file this Complaint for Visitation and/or Partial Custody pursuant to 23 P.S. Section 5312, respectfully stating the following: 1. Plaintiffs are Gregory E. Michael and Rosemary E. Michael, (hereinafter referred to as "Grandparents"), adult individuals who reside at 7372 Spring Road, New Bloomfield, Perry County, Pennsylvania 17068. Grandparents are the paternal grandparents of the children that are the subject of this custody proceeding. 2. Defendant, Ginger M. Bjurstrom, (hereinafter referred to as "Mother"), is an adult individual who currently resides at 617 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Defendant, Nathaniel G. Michael, (hereinafter referred to as "Father"), is an adult individual who currently resides 7432 Spring Road, New Bloomfield, Pennsylvania. 4. Grandparents seek partial custody and/or visitation of Lawson Gregory Michael, born January 18, 2002, age (5) years; and McKayla Ashley Michael, born August 24, 2000, age (7) years. The children were born out of wedlock. Grandparents had initiated a separate action NOW and at the time of the conciliation conference an interim agreement was reached, only to have Mother refuse to follow its terms pending Grandparent's intervention as parties in this proceeding as required by Order. 5. The children are presently in the custody of Mother who resides at 617 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 6. During the past five years, the children have resided with the following persons at the following addresses for the following periods of time: NAME Ginger M. Bjurstrom Nathaniel G. Michael Ginger M. Bjurstrom Nathaniel G. Michael Ginger M. Bjurstrom Nancy Bjurstrom (Maternal Grandmother) Dennis Schaffner (Maternal Grandmother's paramour) Ginger M. Bjurstrom ADDRESSES DATES 4 South View Circle 8/24/00-6/10/05 Shermansdale, Perry County 7432 Spring Road 6/10/05-8/21/05 New Bloomfield, Perry County 15 Roosevelt Street 8/21/05-6/06 Enola, Cumberland County 617 Bosler Avenue 6/06-present Lemoyne, Cumberland County 7. The relationship of the Plaintiffs to the children is that of natural paternal grandparents. The relationships of Defendants to the children are natural Mother and Father. The Defendant/Mother resides with the children and Defendant/Father resides alone. 8. Plaintiffs have not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children. However, a current Order of Court is filed to Civil Docket No. 06-5292 granting custody of the minor children to Defendant/Mother and supervised visitation of the minor children to Defendant/Father. A true and correct copy of the Order is attached hereto as Exhibit "A" and is incorporated herein. 9. Plaintiffs do 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. 10. The best interests and permanent welfare of the Children will be served by granting the relief requested for the following reasons: a) It is important for the children's social and emotional development to have a relationship with their grandparents and other extended family. b) The children have bonded strongly with their grandparents when they had significant contact when the family was intake and more recently and even stronger bond developed when the paternal grandmother (Plaintiff herein) provided daycare for the children three days per week for approximately 5-6 hours per day for approximately one year. C) Due to Mother and Father's separation in August, 2005, and the deterioration of their relationship, Grandparents have been unable to see the children through either parent. Although Mother said she would "think" about permitting Grandmother time with the children, she has failed to follow through with a response and has changed her telephone number. In September, 2007, when Grandmother attempted to deliver McKayla's birthday gift, she was directed by Mother's boyfriend and roommate, to remove herself from the porch where the children reside. d) Because of the strong prior relationship Grandparents had with the children they feel it is important to have time with them so that throughout their lives the children know that their Grandparents are there for them as a confidants, friends, or otherwise in the same way that they are available for their other granddaughter Caitlin Zeigler, their cousin age (11). e) Grandparents feel strongly about participating as fully as possible in the children's lives to the extent that is permitted by Pennsylvania law. f) Grandparents are unable to rely upon their son, Father, for contact with the children due to Father's personal issues and the current Order limiting his contact with the children to supervised visits at the YWCA in Harrisburg and therefore, the only way for the Grandparents to have any contact with his children would be by order of court for partial custody and/or visitation. WHEREFORE, Plaintiffs, Gregory E. Michael and Rosemary E. Michael, respectfully request that this Court enter an appropriate order for partial custody and/or visitation with the children, Lawson Gregory Michael and McKayla Ashley Michael, and granting such other relief as this court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER /1406 L da A. Clotfelter, Esquire rney ID No. 72963 0 e00221 1 East t Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiffs VERIFICATION We, Gregory E. Michael and Rosemary E. Michael, verify that the statements in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: E-- 17 -a 9 Date: 3-1-1-DR GREGOR E. CHAEL ROSEMARY E. CHAEL GINGER M. BJURSTROM Plaintiff . VS. NATHANIEL G. MICHAEL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5292 CIVIL TERM CIVIL ACTION - LAW IN CHILD CUSTODY CERTIFICATE OF SERVICE AND NOW, this r day of April, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the opposing parties by United States First Class Mail, postage prepaid, addressed as follows: Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Wendy J.F. Grella, Esquire 3618 North 6t' Street P.O. Box 5292 Harrisburg, PA 17110 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioners CZ* .41 rn ?C ? GINGER M. BJURSTROM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NATHANIEL G. MICHAEL, Defendant : NO. 06-5292 CIVIL TERM ORDER OF COURT AND NOW, this I I1h day of April, 2008, upon consideration of the Petition for Leave To Intervene, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Z' J.F. Grella, Esq. 3618 North 6th Street P.O. Box 5292 Harrisburg, PA 17110 Attorney for Plaintiff -Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Defendant, pro Se Linda A. Clotfelter, Esq. 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Petitioners l.. IE'S mgt :rc BY THE COURT, 90 € j f i ?jv pool ?j?:d ? S ivy r lZ1? Jll (Tru GINGER M. BJURSTROM, Plaintiff V. NATHANIEL G. MICHAEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006-5292 : IN CUSTODY PRELDfINARY OBJECTIONS OF PLAINTIFF, GINGER ARMTROM, TO GRANDPARENTS' PETITION FOR LEAVE TO INTERVENE/ COMPLAINT FOR VISITATION AND/OR PARTIAL CUSTODY AND NOW, this J!? da of April, 2008, comes Plaintiff, Ginger Bjurstrom, by and through her attorney, Wendy J. F. Grella, Esquire, and files these Preliminary Objections to Defendants' Motion to Intervene and in furtherance thereof states as follows: 1. Grandparents filed a Petition for Leave to Intervene on April 7, 2008, seeking partial custody and/or visitation of their grandchildren, Lawson Gregory Michael and McKayla Ashley Michael. 2. Undersigned counsel received a copy of the Motion on or about April 10, 2008. 3. Grandparents' Petition and Complaint fail to state the grounds sufficient to assert standing to pursue partial custody and/or visitation of the children. WHEREFORE, Defendant, Ginger Bjurstrom, respectfully requests Your Honorable Court to dismiss Grandparents' Petition for Leave to Intervene and Complaint for Visitation and/or Partial Custody for lack of capacity to sue, pursuant to Pa. R.C.P. 1028(a)(5) and 23 Pa.C.S.A. §§5312 and 5313. Respectfully Wendy J. F. Grell q Attorney for Plai iff, n er Bjurstrom 3618 N. e Street P.O. Box 5292 Harrisburg, PA 17110 Phone: (717) 234-6001 Fax: (717) 234-6050 GINGER M. BJURSTROM, Plaintiff V. NATHANIEL G. MICHAEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5292 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this d of April, 2008, comes Wendy J. F. Grella, Esquire, counsel of record for Plaintiff, Ginger Bjurstrom, and states that a copy of the attached Preliminary Objections was served upon opposing parties by United States First Class Mail, postage prepaid, addressed as follows: Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Wendy J. F. Grella, Attorney for Plaint ff 3618 N. 6th Street P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 N rI ? < GINGER M. BJURSTROM, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NATHANIEL G. MICHAEL, : NO. 2006-5292 Defendant : IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR.: PLAINTIFF'S ANSWER AND NEW MATTER TO GRANDPARENTS' PETITION FOR LEAVE TO INTERVENE AND NOW, this ? ddy bf April, 2008, comes Plaintiff, Ginger Bjurstrom, by and through her counsel of record, Wendy J. F. Grella, Esquire and files this Answer and New Matter to Grandparents' Petition for Leave to Intervene and respectfully avers the following: 1. Admitted. By way of further answer, it should be noted that Grandparents' residence is adjacent to Father's residence. 2. Admitted in part. Denied in Part. It is Admitted that Respondent/Plaintiff is the Mother of the minor children involved in this action. It is Denied that she currently resides in Lemoyne, Cumberland County. In fact, Plaintiff currently resides with the minor children and her fianc6e in Dauphin County, Pennsylvania. 3. Admitted. 4. Admitted in part. Denied in part. It is admitted that Grandparents filed a Petition for Leave to Intervene on or about April 7, 2008, however, Grandparents' Petition incorrectly states the minor grandson's age as five when he is in fact six (6) years old. Whiles counsel is correct in stating Mother is in opposition to this motion, counsel notes that Ms. Clotfelter contacted her on a day when undersigned counsel was off work taking care of one of her sick children and received a message from Ms. Clotfelter that she was intending to file the petition the next day. This did not provide counsel ample opportunity to contact her client, allow her client sufficient time to consider a response, and return a telephone call to Ms. Clotfelter. Had counsel known that Ms. Clotfelter was not going to file the Petition the next day, she would have contacted Ms. Clotfelter and advised her of her client's opposition to this Petition. 5. Admitted, 6. Admitted in part. Denied in part. At the time of the Custody Conciliation it was made clear to all parties, including the Custody Conciliator, that Mother was not withdrawing or waiving her rights under the previously filed Motion to Dismiss. 7. Neither Admitted nor Denied. However, Ms. Clotfelter was given a copy of the Motion to Dismiss at the time of the Custody Conciliation. 8. Admitted. By way of further averment, in fact, undersigned counsel met with a member of the Cumberland County Court Administrator's Office the same day as the Custody Conciliation to determine the status of the Motion to Dismiss and was informed that nothing had been filed either granting or denying Mother's Motion. 9. Denied. Due to the Motion to Dismiss being granted, any alleged agreement made by the parties at the prior custody docket was declared null and void. Additionally, as previously cited in paragraph 6, it was made clear to all parties that Mother was not withdrawing or waiving her rights under the previously filed Motion to Dismiss. 10. Neither admitted nor Denied. 11. Denied. a.) Denied. Your Honorable Court previously issued an Order of Court, following a Custody Conciliation held before Melissa Peel Greevy, Esquire, permitting Father to have supervised visitation with his children. (See Custody Conciliation Summary Report dated November 1, 2006, and Order of Court dated November 5, 2006, attached hereto as Exhibits "A" and `B"). To date, the children have not seen their Father since December, 2006. At the recent custody conciliation involving the Grandparents, Grandmother appeared amazed and shocked that her son would not be permitted to attend any visitation that was granted to the Grandparents. In fact, Grandmother even said that she would have to call her son and advise him not to come to her house to see the children. It is believed and therefore averred that Grandparents are trying to use this Petition as a way of undermining Your Honorable Court's previous Order and allowing their son, the children' Father, access to his children without obeying the prior Order of Court. b.) Denied. It is extremely important to note that Grandmother has not provided day care for the children since August, 2005, and has not even seen the children in approximately one year. Grandmother's only contact with the children was when she arrived at Mother's residence, unannounced and uninvited on April 20, 2007, and made inappropriate remarks to the minor children as to why their Father was not seeing them; and on September 18, 2007, when Grandmother again arrived at Mother's residence unannounced, uninvited, and 25 days after the minor granddaughter's birthday to give the child her birthday presents. The above two dates were the only two personal appearances made by Grandmother since October, 2006. Further, it is believed and therefore averred that Grandfather has not had contact with the children since at least October, 2006. c.) Neither admitted nor denied. d.) Denied. There is no strong relationship between the children and their Grandparents as they have not even seen each other in over a year. e.) Admitted in Part. Denied in Part. Factually, Mother and Father, were never married. The parties separated on August 21, 2005. Mother, Ginger Bjurstrom, obtained a Protection from Abuse (PFA) order against Defendant Father, Nathaniel Michael in late August, 2005. As Grandparents' Petition indicates, an Order of Court was entered in the Cumberland County Court of Common Pleas at Docket No. 06-5292 wherein Your Honorable Court granted primary, physical custody of the children to Mother and granted supervised visitation of the minor children to Defendant Father. To date, Defendant Father has never exercised his supervised visitation rights. NEW MATTER 12. Paragraphs one (1) through eleven (11 ) are incorporated herein by reference. 13. On April 17, 2008, counsel filed preliminary objections to Grandparents' Petition as the Petition and Complaint fail to state grounds sufficient to assert standing to pursue custody and/or visitation of the children. (See Objections attached hereto as Exhibit "C"). 14. Mother is and has continued to be the sole caretaker of the children. She has worked hard to raise her children. Mother has continued to provide physical, emotional and spiritual support for her children. She has provided for them when they were sick, she enrolled them in counseling after Mother and Father separated, and the children have excelled both at home and in school under Mother's care and supervision. 15. The relationship between Mother and paternal Grandparents is tumultuous, to say the least. To allows Grandparents to now Intervene in the childrens' lives would be detrimental to all parties involved and would undermine Mother's authority and relationship with her children. 16. Further, Mother is concerned that Grandparents are using this Petition as a way of undermining Your Honorable Court's previous Order and allowing their son, the childrens' Father, access to his children without obeying the prior Order of Court. 17. Additionally, at the time of the Custody Conciliation Grandfather called Mother a "Bitch." If this type of behavior and hostility is tolerated in a public forum such as a Courthouse, then concern exists over what, if any, degrading remarks will be said about Mother to the children in her absence. 18. As Your Honorable Court knows, 23 Pa. C.S.A. §5312 states, "In all proceedings for dissolution, subsequent to the commencement of the proceeding and continuing thereafter or when parents have been separated for six months or more, the court may, upon application of the parent or grandparent of a party, grant reasonable partial custody or visitation rights, or both, to the unmarried child if it finds that visitation rights or partial custody, or both, would be in the best interest of the child and would not interfere with the parent-child relationship. 19. Additionally, in applying this section of law, the Court shall consider the amount of personal contact between the parents or grandparents of the party and the child prior to the application. 20. It is believed and therefore averred that any visitation and/or periods of partial custody granted to paternal Grandparents would not be in the best interest of the children and would interfere with the parent-child relationship. WHEREFORE, Mother, Ginger Bjurstrom, respectfully requests Your Honorable Court to dismiss Grandparents' Petition to Intervene for lack of capacity to sue, pursuant to Pa. R.C.P. 1028(ax5) as well as, lack of standing pursuant to 23 Pa.C.S.A. §§5312 and 5313. Additionally, Mother, Ginger Bjurstrom respectfully requests Your Honorable Court to dismiss Grandparents' Petition for Leave to Intervene and accompanying Complaint for Custody as visitation rights or partial custody, or both, would not be in the best interest of the children and would interfere with the parent-child relationship. Respectfully submitted, q Wendy J. F. GrelVO Attorney for Mot g r Bjurstrom 3618 N. 6t' Stree Harrisburg, PA Phone: (717) 234-6001 Fax: (717) 234-6050 EXHIBIT "A" Nov © 3 2006 GINGER M. BJURSTROM, Plaintiff V. NATHANIEL G. MICHAEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, : NO. 06-5292 CIVIL TERM 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH Lawson Gregory Michael January 18, 2002 McKayla Ashley Michael August 24, 2000 CURRENTLY IN THE CUSTODY OF Mother Mother 2. Mother filed a Complaint for Custody on September 11, 2006. A Custody Conciliation Conference was scheduled for October 27, 2006. The Complaint for Custody and Order of September 14, 2006 were served on Father via restricted delivery mail on September 25, 2006. Mother's counsel filed an Affidavit of Service with the Court in this regard. Attending the Custody Conciliation Conference were: the Mother, Ginger M. Bjurstrom, and her counsel, Wendy J. F. Grella, Esquire. The Father, Nathanial G. Michael, did not attend. 3. Father's position on custody: Father did not attend. Therefore, his position on custody is not known. 4. Mother's position on custody is as follows: Mother reports that although the parties had a temporary plan for custody included in the PFA. The PFA expired on September 2, 2006. Mother expressed concern regarding the status quo of the custodial arrangement for the following reasons: Mother reports that Father has been having overtime on some Saturdays and he has therefore not been exercising all of the custodial time that was available to him under the terms of the PFA. Rather, he would send his mother to pick up the children. While Mother did not object to working around Father's overtime schedule so that Father could spend time with the children, she objects to relinquishing her custodial time to his mother if Father is not going to be exercising the time available to him. Second, Mother expressed concern that Father is continuing to use NO. 06-5292 CIVIL TERM alcohol during custodial periods. For instance, Mother indicated that at the time of the custodial exchange on October 15, 2006, Father was staggering and there were empty cans of beer in the car. Mother reports that Father refers to beer as nectar of the goddess" and that now the parties' four year old son is referring to beer in the same way. Mother reports that anything associated with the drinking of beer is glorified by Father. Mother reports that Father appeared at a Perry County support conference before Patricia Fleisher on December 28, 2005 while intoxicated. Mother further reports that Father has been in rehab at least twice. He was in Deer Run before they were together. Additionally, Father went into rehab in the fall of 2005 but left after two days for a family funeral. The plan had been that he would return to the rehab, which he failed to do. In November of 2005, Mother reports that Father was in a severe motorcycle accident. She states that he told her that this accident occurred while he was on his way home from the Sherman's Creek Inn in Perry County_ Mother believes that he had been drinking prior to the accident although Father was never charged with DUL After the accident, Father was air lifted to Hershey Medical Center where he remained hospitalized for approximately three weeks. Among his injuries were a fractured vertebrae of his neck. Mother reports that Father has been banned from the White Oak Inn and from Pandemonium, both bars in Perry County_ In June of 2006, Mother reports that Father had told her he had been warned by his boss because of drinking on the job. Finally, Mother reports that Father has been allowing the children to ride unrestrained in his vehicle. On one occasion, approximately one month ago, the parties' son was burned by a cigarette ash which apparently dropped from Father's cigarette. These incidents lead Mother to believe that Father has chemical dependency issues which have not been treated and they have impaired his judgment in such a way that would present a danger to the children. Accordingly, it is Mother's position that Father should have supervised visits, have a drug and alcohol evaluation and follow up with any treatment which may be recommended as a result of the evaluation. Mother also questions whether Father attended the Seminar for Separating Families as was ordered in the PFA more than one year ago. If Father has not attended, Mother would like Father to be required to attend the seminar." Mother reports that she took the Seminar for Separating Families in October of 2005. 5. Because Mother's Complaint was unopposed and because Father failed to appear at the conference and exercise his opportunity to be heard, and because the Conciliator considers Mother's concerns to be valid and attaches the recommended Order in the form it is attached. L t Date Melissa Peel Greevy, Esquire Custody Conciliator :285925 ! ! EXHIBIT LGB Nov 0 3 2006 GINGER M. BJURSTROM, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-5292 CIVIL TERM V. CIVIL ACTION - LAW NATHANIEL G. MICHAEL, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of November, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Mother shall have legal custody of the minor children, Lawson Gregory Michael, born January 18, 2002, and McKayla Ashley Michael, born on August 24, 2000. 2. Physical custody. Mother shall have primary physical custody of the minor children. Father shall have supervised visitation up to two times per week at the Harrisburg YWCA. In order for supervised visits to occur, Father shall contact the Harrisburg YWCA at 1-800-654-1211 and notify Mother's counsel after he has done so. 3. Father shall participate in a drug and alcohol evaluation, at his expense and follow up with any treatment which is recommended by the evaluator. The evaluator shall be a certified addictions counselor. Mother shall be given notice of the provider which Father selects for the chemical evaluation and shall be given an opportunity to provide her observations and experience with Father and her allegations regarding his chemical dependency issues. 4. If Father has attended the Seminar for Separating Families, or a comparable program, Father shall file a certificate with this Court and shall provide a copy of the certificate to Mother's counsel. If Father has not attended the Seminar for Separating Families, he shall do so within sixty (60) days of the date of this Order and file a certificate of attendance with the Court, copied to opposing counsel, within ten (10) days after his attendance at the seminar. NO. 06-5292 CIVIL TERM 5. The terms of this Order are temporary in nature and maybe subject to modification upon the agreement of the parties. Upon completion of the drug and alcohol evaluation and any treatment recommended by the evaluator, Father may petition the Court for modification of this Order. BY THE COURT: x/ olrr. "-1 r J. Dist: Nathaniel G. Michael, 7432 Spring Road, New Bloomfield, PA 17068 Wendy J. F. Grella, Esquire, 3618 North Sixth Street, P.O. Box 5292, Harrisburg, PA 17110 PITZMALUX "'? ? IQIllpMtlIB1?01, ! M3if? Ulfb so my Mw if Sw Cy,- 't carft @ N RFT3 rv - EXHIBIT "C" L GINGER M. BJURSTROM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW N NATHANIEL G. MICHAEL, : NO. 2006-5292 ! -T- Defendant : IN CUSTODY Fri ' PRELIMINARY OBJECTIONS OF PLAINTIFF, GINGER BJURSTRO W , :z TO GRANDPARENTS' PETITION FOR LEAVE TO INTERVENE/ COMPLAINT FOR VISITATION AND/OR PARTIAL CUSTODY rat AND NOW, this ? da of April, 2008, comes Plaintiff, Ginger Bjurstrom, by and through her attorney, Wendy J. F. Grella, Esquire, and files these Preliminary Objections to Defendants' Motion to Intervene and in furtherance thereof states as follows: 1. Grandparents filed a Petition for Leave to Intervene on April 7, 2008, seeking partial custody and/or visitation of their grandchildren, Lawson Gregory Michael and McKayla Ashley Michael. 2. Undersigned counsel received a copy of the Motion on or about April 10, 2008. 3. Grandparents' Petition and Complaint fail to state the grounds sufficient to assert standing to pursue partial custody and/or visitation of the children. WHEREFORE, Defendant, Ginger Bjurstrom, respectfully requests Your Honorable Court to dismiss Grandparents' Petition for Leave to Intervene and Complaint for Visitation and/or Partial Custody for lack of capacity to sue, pursuant to Pa. R.C.P. 1028(a)(5) and 23 Pa.C.S.A. §§5312 and 5313. Respectfully Wendy J. F. Grell Attorney for Plai Tnr Bjurstrom 3618 N. 6`h Street P.O. Box 5292 Harrisburg, PA 17110 Phone: (717) 234-6001 Fax: (717) 234-6050 . r . Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Wendy J. F. Grella, Attorney for Plaint ff 3618 N. a Street P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 GINGER M. BJURSTROM, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NATHANIEL G. MICHAEL, : NO. 06-5292 CIVIL TERM Defendant : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this ? ? of April, 2008, comes Wendy J. F. Grella, Esquire, counsel of record for Plaintiff, Ginger Bjurstrom, and states that a copy of the attached Preliminary Objections was served upon opposing parties by United States First Class Mail, postage prepaid, addressed as follows: VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:-q,-2 (0-(* M. 3- - GINGE BJURSTROM, laintiff GINGER M. BJURSTROM, Plaintiff V. NATHANIEL G. MICHAEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5292 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this ?? ' day of April, 2008, comes Wendy J. F. Grella, Esquire, counsel of record for Plaintiff, Ginger Bjurstrom, and states that a copy of the attached Plaintiff s Answer and New Matter to Grandparents' Petition for Leave to Intervene was served upon opposing parties by United States First Class Mail, postage prepaid, addressed as follows: Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Wendy J. F. Gre ]AX Es Attorney for P inti 3618 N. 6`h S eet P.O. Box 529 Harrisburg, PA 17110 (717) 234-6001 r, -; _? - _ ,t ::7 ?:.. 4) GINGER M. BJURSTROM Plaintiff VS. NATHANIEL G. MICHAEL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5292 CIVIL TERM : CIVIL ACTION - LAW : IN CHILD CUSTODY Prior Judicial Assignment: J. Wesley Oler, Jr, Judge Prior Conciliator: John J. Mangan, Esquire PETITIONERS' RESPONSE TO PLAINTIFF'S PRELIMINARY OBJECTIONS AND NOW, come Petitioners, Gregory E. Michael and Rosemary E. Michael, by and through their counsel, Linda A. Clotfelter, who file this Response to Plaintiff's Preliminary Objections, respectfully stating the following: 1. Admitted. 2. Denied. Petitioner's lack sufficient knowledge or information to determine the truth to the averment and therefore, strict proof thereof is demanded. 3. Denied. It is specifically denied that Petitioner's lack standing in this case. In further answer hereof, it is well established under 23 P.S. § 5312 that when parents are separated for a period of six (6) months or more, the court may grant a grandparent reasonable partial custody or visitation rights, or both. The case of Malone v. Stonerooke and King, 2004 PA Super 48, 843 A.2d 1278 (2004), which is on point with the case sub 'u? dice, specifically addresses the issues as follows: a. Preliminary objections, the end result of which would be dismissal the cause of action, should be sustained only in cases that are clear and free from doubt. Id. citing Martinez v. Baxter, 1999 Pa. Super. 16, 725 A.2d 775, 776 (Pa. Super. 1999), affirmed, R.M. v. Baxter, 565 Pa. 619, 777A.2d 4456 (2001) (citations omitted). b. The language in section 5312 clearly and unambiguously provides that the grandparents of a child whose parents are divorced, involved in a dissolution proceedings or had been separated for six months or more may maintain an action for visitation or partial custody." Malone citing Hill v. Divecchio, 425, Pa. Super. 355, 625 A.2d 642, 647 (Pa. Super. 1993). C. The remaining language in section 5312, which provides that the trial court may grant partial custody or visitation "if it finds that visitation rights or partial custody, or both, would be in the best interest of the child and would not interfere with the parent-child relationship," are not elements of standing, but rather are requirements a grandparent with standing must satisfy to prevail on the merits of the custody claim." Malone citing Commonwealth v. Packer, 568 Pa. 481, 491,798 A.2d 192, 198 (2002) (emphasis added.) WHEREFORE, Petitioners, Gregory E. Michael and Rosemary E. Michael, respectfully request that your Honorable Court deny Plaintiff's Preliminary Objections to their Petition for Leave to Intervene; grant Petitioners' Petition for Leave to Intervene; and grant such other relief as this court deems just and proper. Dated: - -7 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire Yorney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioners GINGER M. BJURSTROM IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-5292 CIVIL TERM NATHANIEL G. MICHAEL CIVIL ACTION - LAW Defendant IN CHILD CUSTODY CERTIFICATE OF SERVICE AND NOW, this 7 A day of May 2008, the undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the opposing parties by United States First Class Mail, postage prepaid, addressed as follows: Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Wendy J.F. Grella, Esquire 3618 North 6`h Street P.O. Box 5292 Harrisburg, PA 17110 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER nda A. Clotfelter, Esquire ttorney ID o.72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile 9 m --3. "1? GINGER M. BJURSTROM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NATHANIEL G. MICHAEL, Defendant NO. 06-5292 CIVIL TERM ORDER OF COURT AND NOW, this 8ffi day of May, 2008, upon consideration of (a) the petition to intervene filed by Gregory E. Michael and Rosemary E. Michael on April 4, 2008, (b) the rule to show cause related to the petition issued on April 11, 2008, (c) the preliminary objections to the petition to intervene filed by Plaintiff on April 17, 2008, (d) the answer with new matter to the petition to intervene filed by Plaintiff on May 1, 2008, and (e) the response to Plaintiff's preliminary objections filed by Gregory E. Michael and Rosemary E. Michael on May 7, 2008, it is ordered and directed as follows: 1. The preliminary objections to the petition to intervene are denied; and 2. A hearing on the petition to intervene is scheduled for Wednesday, June 11, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, I /J) I J. Wesley Oler, Jr., J. v WendY J.F. Grella, Esq. 3618 North 6?h Street P.O. Box 5292 Harrisburg, PA 17110 Attorney for Plaintiff V(NVAIASWP..,d n S Z : ! 1 WV 6- IVW SQOZ MONO'HICUd M ? 30j:L4,a-WJW /Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Defendant, pro Se ./Linda A. Clotfelter, Esq. 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Petitioners :rc Qpp i'ES ink i l?cl? I GINGER M. BJURSTROM, Plaintiff V. NATHANIEL G. MICHAEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-5292 IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR.: PLAINTIFF'S MOTION TO CONTINUE HEARING ON PETITION TO INTERVENE AND NOW, this Z day of May, 2008, comes Plaintiff, Ginger Bjurstrom, by and through her counsel of record, Wendy J. F. Grella, Esquire and files this Motion to Continue Hearing on Petition to Intervene and respectfully avers the following: 1. Gregory and Rosemary Michael filed a Petition for Leave to Intervene on April 7, 2008. 2. Your Honorable Court issued a Rule to Show Cause related to the Petition on April 11, 2008. 3. Plaintiff filed Preliminary Objections to the Petition to Intervene on April 17, 2008. 4. Plaintiff also filed an Answer and New Matter to the Petition to Intervene on or about May 1, 2008. 5. Grandparents filed a Response to Plaintiff s Preliminary Objections on May 7, 2008. 6. By Order of Court dated May 8, 2008, Your Honorable Court denied the Preliminary Objections to the Petition to Intervene and scheduled a Hearing on the Petition to Intervene for Wednesday, June 11, 2008 at 9:30 a.m. 7. Undersigned counsel is currently scheduled to appear before the Honorable Richard A. Lewis, President Judge of Dauphin County, for a Pretrial Conference on June 11, 2008, at 11:00 a.m. on a Homicide case scheduled for jury trial the week of June 23-27, 2008, and thus is unavailable for the hearing on June 11, 2008. 8. Additionally, there are several witnesses Plaintiff intends to present who will need to be subpoenaed to testify at the hearing. 9. Undersigend counsel contacted Linda Clotfelter, Esquire, counsel for grandparents, Mr. and Mrs. Michael, and she indicates she is opposed to a continuance of the hearing date. WHEREFORE, undersigned counsel respectfully requests a continuance of the hearing on the Petition to Intervene currently scheduled to be held Wednesday, June 11, 2008 at 9:30 a.m. Respectfully submitted, Wendy J. F. Grella, Attorney for Mot r, G 3618 N. 6m Stree Harrisburg, PA 1 Phone: (717) 234-6001 Fax: (717) 234-6050 GINGER M. BJURSTROM, Plaintiff V. NATHANIEL G. MICHAEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5292 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW this Z ' day of May, 2008, comes Wendy J. F. Grella, Esquire counsel of record for Plaintiff, Ginger Bjurstrom, and states that a copy of the attached Plaintiff's Motion to Continue Hearing on Petition to Intervene was served upon opposing parties by United States First Class Mail, postage prepaid, addressed as follows: Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Wendy J. F. rel E Attorney for lai a 3618 N. 6' Str P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 ? ?1 ? . _? '_:"] ?_' '-? r_.. _ - .) _ ? ?%7 1 - I ?.s7 ??"j .. ?=? --G GINGER M. BJURSTROM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NATHANIEL G. MICHAEL, Defendant NO. 06-5292 CIVIL TERM ORDER OF COURT AND NOW, this 30'h day of May, 2008, upon consideration of Plaintiff's Motion To Continue Hearing on Petition To Intervene, the motion is denied. BY THE COURT, J. esley Oler, In, J. 'X"' Wendy J.F. Grella, Esq. 3618 North 6 h Street P.O. Box 5292 Harrisburg, PA 17110 Attorney for Plaintiff `Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Defendant, pro Se -- Linda A. Clotfelter, Esq. 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Petitioners :rc w?teS m?.?l? Vi tt a/ lAl" ` N,Ad 10 V4f S :6 WV Z-- Nnr 800Z Advic;' UHiCjd ?o GINGER M. BJURSTROM : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 06-5292 CIVIL TERM NATHANIEL G. MICHAEL : CIVIL ACTION-LAW Defendant : IN CHILD CUSTODY Prior Judicial Assignment: J. Wesley Oler, Jr., Judge Prior Conciliator: Melissa P. Greevy, Esquire (John J. Mangan, Esquire in related case) To Prothonotary: Pme-ci P e- 1, Gail Guida Souders, hereby enter my appearance on behalf of mother, Ginger Bjurstrom, as co_ counsel for the hearing scheduled for June 11, 2008. Date: June 5, 2008 Respectfully submitted, Gail Guida Souders Guida Law Offices, P.C. 11 I Locust Street Harrisburg, PA 17101 717-236-6440 Identification #68740 Attorney for Defendant MRR r_;; li GINGER M. BJURSTROM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NATHANIEL G. MICHAEL, Defendant 06-5292 CIVIL TERM IN RE: PETITION TO INTERVENE ORDER OF COURT AND NOW, this 11th day of June, 2008, upon consideration of the Petition for Leave To Intervene filed by Gregory E. Michael and Rosemary E. Michael in the above-captioned action, and following a conference in chambers in which Gail Guida Souders, Esquire, represented Plaintiff Ginger M. Bjurstrom, Defendant Nathaniel G. Michael did not appear to oppose the petition, and Petitioners were represented by Linda A. Clotfelter, Esquire, and pursuant to an agreement reached by counsel, the Petition To Intervene filed by Gregory E. Michael and Rosemary E. Michael is granted. The complaint attached to the Petition To Intervene is hereby referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. It is noted that custody conciliator John Mangan should not be assigned this case because of his representation on an unrelated matter of the Defendant, Nathaniel G. Michael. Nothing in this order is intended to reflect a position of the Court as to the merits of the Intervenors' complaint. By the Court, tr7 Z FT N kr y? o c cl%j U Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 For Petitioners / J Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Defendant /Gail Guida Souders, Esquire 111 Locust Street Harrisburg, PA 17101 For Plaintiff Court Administrator mae (20Pi O-S, ryValcl? 1./,x./00 GINGER M. BJURSTROM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NATHANIEL G. MICHAEL DEFENDANT 2006-5292 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 18, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 24, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: !s/ Hubert X. Gilroy, Esq. 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 91 :Z Wd 61 Nor BUZ ?.? 17 JUNism GINGER M. BJURSTROM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NATHANIEL G. MICHAEL, Defendant 06-5292 CIVIL TERM G IN RE: PETITION TO INTERVENE ORDER OF COURT AND NOW, this 11th day of June, 2008, upon consideration of the Petition for Leave To Intervene filed by Gregory E. Michael and Rosemary E. Michael in the above-captioned action, and following a conference in chambers in which Gail Guida Souders, Esquire, represented Plaintiff Ginger M. Bjurstrom, Defendant Nathaniel G. Michael did not appear to oppose the petition, and Petitioners were represented by Linda A. Clotfelter, Esquire, and pursuant to an agreement reached by counsel, the Petition To Intervene filed by Gregory E. Michael and Rosemary E. Michael is granted. The complaint attached to the Petition To Intervene is hereby referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. It is noted that custody conciliator John Mangan should not be assigned this case because of his representation on an unrelated matter of the Defendant, Nathaniel G. Michael. Nothing in this order is intended to reflect a position of the Court as to the merits of the Intervenors' complaint. By the Court, - 11 Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 For Petitioners Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Defendant Gail Guida Souders, Esquire 111 Locust Street Harrisburg, PA 17101 For Plaintiff Court Administrator mae VS. T)a)n T)T'Y n)?j M, "- In the Court of Common Pleas of Cumberland County, Pennsylvania No. D LO - S a 9 a Civil. 19 C+ V? ?--? C rt t r?? ? t? S iU? IU C. To Prothonotary 19 o C a4-;LOOg Teitf- No. Term, 19 vs. PRAECIPE Filed 19 Atty. h? Pk °v fi t t e Q co ? A O m Z-4 Rol R? tsj C) Itl v -? C ;a ra • ri. Q ?a c> ;zoo*% TWA p ? 4 4 0 (Yj? 7 t/1 y 9 3 00 a 0 m v c 0 0 Z o 0 x ? rjl? on 0 w N row m v m v m a r Ui 'C CT1 z z 41M I o d m t o C1 ? a (? ITO bbR? M o rn o? cu ? ? ??? ?, -t:? ??.? c.... -? f Li??J ' ?? Y+?+ ?V i r.?.3 i (? ?r ' ':.a` n ? .a'? .F ?..?.?. JUL 2 9 2008 GINGER M. BJURSTROM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW NATHANIEL G. MICHAEL, NO. 2006-5292 Defendant IN CUSTODY vs. GREGORY E. MICHAEL and ROSEMARY E. MICHAEL, Intervenors COURT ORDER AND NOW, this _ 30 day of 3k , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered nd directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the _ELL_ day of ,tQv?a ?w. 4 , 2008, at __!?!,30 _'. M. At this hearing, the paternal grandparents, Gregory E. Michael and Rosemary E. Michael, shall be the moving parties and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. 2. Pending further Order of this Court, this Court's prior Order of November 5, 2006, shall remain in place subject to the following modifications: A. The Paternal Grandparents shall have visitation with minor children as follows: (1) On August 16`h and August 30`h from 1:00 p.m. until 4:00 p.m; (2) On September 7th and October 4`h from 1:00 p.m. until 5:00 p.m.; (3) On October 18`h and November 2"a from 1:00 p.m. until 6:00 p.m. 3. Mother shall handle transportation for exchange of custody with the Paternal Grandparents unless agreed otherwise between the parties. 1 E c P of ? ? iii! ??? ?1v a, 4 4. The Paternal Grandparents are specifically advised that the Father shall not have any contact whatsoever with the minor children during the time that the Paternal Grandparents are exercising visitation. In the event there is any violation of this provision, counsel for the Mother may contact the Conciliator directly and the Conciliator may conduct another conciliation conference via telephone conference with the attorneys for the parties after which the Conciliator may recommend an appropriate Order to this Court to modify this visitation schedule. If the parties feel another custody conciliation conference would aid in reaching a final Order prior to the hearing scheduled above, legal counsel for the parties may contact the Conciliator directly to schedule such a conciliation conference. cc: nda A. Clotfelter, Esquire Wn y Grella, Esquire , Nathaniel G. Michael 7-3j-0 g lt,2J BY THE COURT, GINGER M. BJURSTROM, Plaintiff vs. NATHANIEL G. MICHAEL, Defendant vs. GREGORY E. MICHAEL and ROSEMARY E. MICHAEL, Intervenors IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006-5292 : IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. 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: Lawson Gregory Michael, born January 18, 2002 McKayla Ashley Michael, born August 24, 2000 2. A Conciliation Conference was held on July 24, 2008, with the following individuals in attendance: The mother, Ginger Bjurstrom, who appeared with her counsel, Wendy Grella, Esquire, and the paternal grandparents, Gregory E. Michael and Rosemary E. Michael with their counsel Linda Clotfelter, Esquire. The Father did not appear. 3. There is a Custody Order from 2006 giving the Mother primary custody and the Father periods of temporary custody. However, Father has not seen the children for a number of years. Before the Court is a petition filed by the Paternal Grandparents who are seeking periods of visitation with the minor children. The Mother is not in agreement with the Grandparents' request and a hearing shall be scheduled. Based upon the information the Conciliator received at the conciliation conference, the Conciliator recommends that the Grandparents have limited visitation with the children in advance of the hearing. 4. The Conciliator recommends an Order in the form as attached. Date: July 2008 W oy, Esquire ubert /onciliator Custody r' GINGER M. BJURSTROM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NATHANIEL G. MICHAEL, Defendant V. GREGORY E. MICHAEL and ROSEMARY E. MICHAEL, : Intervenors NO. 06-5292 CIVIL TERM ORDER OF COURT AND NOW, this 8" day of December, 2008, upon consideration of the attached letter from Linda A. Clotfelter, Esq., attorney for Intervenors, the hearing previously scheduled in the above matter for December 8, 2008, is cancelled. BY THE COURT, Xendy J.F. Grella, Esq. 3618 North 6t' Street P.O. Box 5292 Harrisburg, PA 17110 Attorney for Plaintiff ,//athaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Defendant, pro Se 0 n ?O/ ??? ,Xinda A. Clotfelter, Esq. 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Intervenors :rc GINGER M. BJURSTROM Plaintiff V. NATHANIEL G. MICHAEL Defendant V. GREGORY E. MICHAEL and ROSEMARY E. MICHAEL Interveners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5292 CIVIL TERM CIVIL ACTION LAW IN CHILD CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY AND NOW, this st ?_ day of March, 2009, come the parties who have participated in Interveners' Complaint for Child Custody, Ginger M. Bjurstrom, and Gregory E. Michael and Rosemary E. Michael, who file this Stipulation for Agreed Order of Custody, respectfully stating as follows: 1. Plaintiff, Ginger M. Bjurstrom, (hereinafter referred to as "Mother"), is an adult individual who currently resides at 1010 Redhill Road, Dauphin, Dauphin County, Pennsylvania 17018. 2. Defendant, Nathaniel G. Michael, (hereinafter referred to as "Father"), is an adult individual who currently resides at 7432 Spring Road, New Bloomfield, Perry County Pennsylvania 17068. Father has not actively participated in the litigation involving Interveners' Complaint for Custody. 3. Interveners are Gregory E. Michael and Rosemary E. Michael, (hereinafter referred to as "Grandparents"), who adult individuals who reside at 7372 Spring Road, New Bloomfield, Perry County, Pennsylvania 17068. Grandparents are the paternal grandparents of the children that are the subject of this custody proceeding. 4. Grandparents filed a Petition to Intervene and a Complaint for Visitation and/or Partial Custody pursuant to 23 P.S. § 5312 seeking partial custody of Lawson Gregory Michael, born January 18, 2002, age (7) years; and McKayla Ashley Michael, born August 24, 2000, age (8) years. 5. The parties stipulate and agree to have an Order of Court entered upon mutual agreement which provides Grandparents rights to partial custody periods with the children as follows: a. Every Third Saturday - Every third Saturday beginning January 10, 2009, from 12:00 p.m. through 5:00 p.m. b. Transportation - The parties shall share transportation by meeting for custody transfers at the pull off under the Clarks Ferry Bridge in Dauphin, Pennsylvania. C. Limitations on Father's Contact - Absent subsequent Order of Court, Father shall not have contact with the Children during Grandparents' periods of partial custody. d. Well Being of the Children - No party shall make or permit any other person to make any remarks or do anything which could be anyway be construed as derogatory or uncomplimentary to any other parties to this action. It shall be the express duty of the parties to uphold the other parties as individuals whom the children should respect and love and the Children's well being shall be paramount to any differences the parties may have between each other. e. Mutual Agreement to Vary - The parties may vary from this schedule at any time upon mutual agreement. However, no modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by Mother and Grandparents. 6. The parties to this Stipulation expressly stipulate and agree to have the terms of this Stipulation entered as an Order of Court to the above-captioned docket and they further agree that this Stipulation fully resolves any and all child custody issues raised in Grandparents' Complaint for Partial Custody. WHEREFORE, the parties ask this Honorable Court to enter an Order in accordance with their Agreement. Respectfully submitted, WITNESS GINGE M. BdURST OM GREGO Y E MICHAEL ?vk.. ROSEMARY 15/. MICHAEL 20cS ApIIR - a r r r ? :. ?3 ?/ - 4". * P. GINGER M. BJURST Plaintiff V. NATHANIEL G. MICE Defendant V. GREGORY E. MICHAEL ROSEMARY E. MICHAE Intervenors APR 0 9 2009A [ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L NO. 06-5292 CIVIL TERM and L CIVIL ACTION LAW IN CHILD CUSTODY ORDER AND NOW, this that the terms of the Sti day of , 2009, it is hereby ORDERED ation for Agreed Order of Custody attached hereto shall be incorporated in this Order of Court. BY THE COURT: Distribution: ,,Wendy J.F. Grella, Esquire Attorney for Plaintiff Nathanial G. Michael, 7432 Defendant, Pro Se /inda A. Clotfelter, Esquire Attorney for Gregory and R , 3618 North 6th Street, P.O. Box 5292, Harrisburg, Pennsylvania Spring Road, New Bloomfield, Pennsylvania ,5021 E. Trindle Road, Suite 100, Mechanicsburg, Pennsylvania )semary Michael 1 y VI# VAIAS;NNO J 6Z .8 WV ? I ddV 60OZ GINGER M. BJURSTROM Plaintiff V. NATHANIEL G. MICHAEL Defendant V. GREGORY E. MICHAEL and ROSEMARY E. MICHAEL Intervenors IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5292 CIVIL TERM CIVIL ACTION - LAW IN CHILD CUSTODY Prior Judicial Assignment: J. Wesley Oler, Jr., Judge Prior Conciliator: Hubert X. Gilroy, Esquire PETITION FOR MODIFICATION AND NOW, comes Defendant, Nathaniel G. Michael, who files this Petition to Modify a Court Order, respectfully stating the following: 1. Plaintiff Ginger M. Bjurstrom, (hereinafter referred to as "Mother"), is an adult individual who resides at 1010 Redhill Road, Dauphin, Dauphin County, Pennsylvania 17018. 2. Defendant Nathaniel G. Michael, ( hereinafter referred to as "Father"), is an adult individual who resides at 7372 Spring Road, New Bloomfield, Perry County, Pennsylvania, 17068. 3. Intervenors Gregory E. Michael and Rosemary E. Michael are adult individuals who reside at 7372 Spring Road, New Bloomfield, Perry County, PA 17068. 4. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lawson Gregory Michael January 18, 2002 Mother McKayla Ashley Michael August 24, 2000 Mother 5. Father seeks modification of a previous Order of Court which limits his contact with said children to supervised visits at the Harrisburg YWCA. A true and correct copy of the Order is attached hereto as Exhibit "A" and is incorporated herein. 6. Father has complied with the demands set forth in the aforesaid Order. To wit, Father has completed a drug and alcohol evaluation and has attended the Seminar for Separating Families. Certificates of Completion were filed with the Cumberland County Prothonotary on July 24, 2008. A true and correct copy is attached hereto as Exhibit "B" and incorporated herein. Mother's Counsel was notified of Father's stay at Roxbury Treatment Center, so Mother could provide her observations and experience with Father and her allegations regarding Father's chemical dependency issues. It is unknown whether Mother availed herself of this opportunity. Father is currently attending counseling sessions at Perry Human Services in New Bloomfield, PA 17068 and is also attending AA sessions. 7. During negotiations between Mother and Intervenors concerning Grandparent's visitation with children, Mother's Counsel stated that Mother was agreeable to Father regaining partial custody and/or visitation with the children, providing he had complied with the aforesaid Order and he does not do anything unacceptable (i.e. consume alcohol) while with the children. WHEREFORE, Father, Nathaniel G. Michael, respectfully requests the Court grant him partial custody and/or visitation with his children, McKayla Ashley Michael, born August 24, 2000, age (8) years; and Lawson Gregory Michael, born January 18, 2002, age (7) years. Respectfully submitted, ?o? Nathaniel G. Michael, Pro Se / 7372 Spring Road New Bloomfield, PA 17068 (717) 582-2644 c GINGER M. BJURSTROM Plaintiff V. NATHANIEL G. MICHAEL Defendant V. GREGORY E. MICHAEL and ROSEMARY E. MICHAEL Intervenors IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5292 CIVIL TERM CIVIL ACTION - LAW IN CHILD CUSTODY VERIFICATION I, Nathaniel G. Michael, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: / Oq NATHANIEL G. MICHAEL EXHIBIT "A" Nov 0 3 2006 GINGER M. BJURSTROM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. W5292 CIVIL TERM V. CIVIL ACTION - LAW NATHANIEL G. MICHAEL, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of November, 2006, upon consideration of the attached Custody Concilratton Summary Report, it is hereby ordered and directed as follows: 1. Mother shall have legal custody of the minor children, Lawson Gregory Michael, born January 18, 2002, and McKayla Ashley Michael, born on August 24, 2000. 2. Physical Custody. Mother shall have primary physical custody of the minor children. Father shall have supervised visitation up to two times per week at the Harrisburg YWCA. In order for supervised visits to occur, Father shall contact the Harrisburg YWCA at 1-800-654-1211 and notify Mother's counsel after he has done so. 3. Father shall participate in a drug and alcohol evaluation, at his expense and follow up with any treatment which is recommended by the evaluator. The evaluator shall be a certified addictions counselor. Mother shall be given notice of the provider which Father selects for the chemical evaluation and shall be given an opportunity to provide her observations and experience with Father and her allegations regarding his chemical dependency issues. 4. If Father has attended the Seminar for Separating Families, or a comparable program, Father shall file a certificate with this Court and shall provide a copy of the certificate to Mother's counsel. If Father has not attended the Seminar for Separating Families, he shall do so within sixty (60) days of the date of this Order and file a certificate of attendance with the Court, copied to opposing counsel, within ten (10) days after his attendance at the seminar. LZ :01 ?V L- 9COl ,..., 3 f J -il jo ti NO. 06-5292 CIVIL TERM 5. The terms of this Order are temporary in nature and maybe subject to modification upon the agreement of the parties. Upon completion of the drug and alcohol evaluation and any treatment recommended by the evaluator, Father may petition the Court for modification of this Order. BY THE COURT: _. / C7 J. Dist: Nathaniel G. Michael, 7432 Spring Road, New Bloomfield, PA 17068 /1 ^ 7 ? C G C-10-?'a Wendy J. F. Grelle, Esquire, 3618 North S'ndh Street, P.O. Box 5292, Harrisb rg, PA 17110 Y6 EXHIBIT "B" M. 5 O V8. ?r f T'Q ??l In the Court of Common Plew of Cumberland County, Pennsylvania No. 0 to Civil. 19 CIVIL-- C.H l_Lf) Cto SMt)?l PrLJ A'&k p t TI) kjj k-4 To Prothonotary 19 0 o a 4- aooll C 1?,c4?a f'o N c??ha,, zl G . 1 sac ?u.?o-ti ?otrr? Na Tenn, 19 VL PRAECIPE Filed 19 , Atty. co TWA . o, o Rol L? o N, `-? M ?, C7 t`'? I.A f V s c- 0 O saw O z g? A . !d A 6" O m m 00 a -o Z N ?s r .a ti 'G Z Z 1 0`6 A ? A lit rm 01 ?0 II r n ?-- ?.-. c rn f- - -t C.^ G GINGER M. BJURSTROM IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5292 CIVIL TERM NATHANIEL G. MICHAEL CIVIL ACTION - LAW Defendant IN CHILD CUSTODY V. GREGORY E. MICHAEL and ROSEMARY E. MICHAEL : CIVIL ACTION - LAW Intervenors • IN CHILD CUSTODY CERTIFICATE OF SERVICE AND NOW, this'*4day of April, 2009, the undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the opposing parties by United States First Class Mail, postage prepaid, addressed as follows: Wendy J.F. Grella, Esquire 3618 North 6th Street P.O. Box 5292 Harrisburg, PA 17110 Gregory E. and Rosemary E. Michael 7372 Spring Road New Bloomfield PA 17068 Respectfully submitted, By: 2!?E? Nathaniel G. Michael Defendant 7372 Spring Road New Bloomfield PA 17068 (717) 582-2644 A LE D- C' E j- ";7APY 2003 APR 23 P 9 ! : C j OL CMP Cws? 0 GINGER M. BJURSTROM : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ' NATHANIEL G. MICHAEL NO. 06-5292 CIVIL TERM Defendant V. GREGORY E. MICHAEL and ROSEMARY E. MICHAEL : CIVIL ACTION LAW Interveners : IN CHILD CUSTODY WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Linda A. Clotfelter, Esquire for Interveners, Gregory and Rosemary Michael in the above-captioned matter. Date: 14 J521 nda A. Clotfelter, Esquire E. Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 ENTRY OF APPEARANCE Kindly enter the appearance of Gregory and Rosemary Michael, Pro Se in the above- captioned matter. Date 2,J A GREG Y It. MICHAEL 7372 Spring Road New Bloomfield, PA 17068 (717)582-2644 Date o ROSEMARY E. MICHAEL 7372 Spring Road New Bloomfield, PA 17068 (717)582-2644 GINGER M. BJURSTROM Plaintiff V. NATHANIEL G. MICHAEL Defendant V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5292 CIVIL TERM GREGORY E. MICHAEL and . ROSEMARY E. MICHAEL : CIVIL ACTION LAW Intervenors : IN CHILD CUSTODY CERTIFICATE OF SERVICE AND NOW, this a3_?ay of April, 2009, the undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the interested parties as follows: Nathaniel G. Michael 7372 Spring Road New Bloomfield, PA 17068 (VIA HAND-DELIVERY) Gregory and Rosemary Michael 7432 Spring Road New Bloomfield, PA 17068 (VIA HAND-DELIVERY) Linda A. Clotfelter, Esquire 5021 E. Trindle Road Mechanicsburg, PA 17050 (VIA HAND-DELIVERY) Wendy J.F. Grella, Esquire 3618 North 6`h Street P.O. Box 5292 Harrisburg, PA 17110 (VIA FIRST CLASS MAIL POSTAGE PREPAID ROSEMARY ..MICHAEL 7432 Spring Road New Bloomfield, PA 17068 FILED--'R ? 2009 APR 23 Pil 12: 5 GINGER M. BJURSTROM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-5292 CIVIL ACTION LAW NATHANIEL G. MICHAEL V. GREGORY E. MICHAEL & ROSEMARY E. MICHAEL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, May 04, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 05, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. GAro 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 4 L. 7'^' i'^.,Tih t ' 2004 FIAY - c;• AM 10: 4 7 ow 4 -A&&& . -?-- 711 GINGER Ma BJURSTROM, Plaintiff V. NATHANII L G. MICHAEL, Defendant V. GREGORYE. MICHAEL and ROSEMARY E. MICHAEL, Intervenors : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-5292 CIVIL TERM CIVIL. ATION -LAW IN CHILD CUSTODY TO THE H?NORABLE JUDGE OF SAID COURT: PLAINTIFF'S MOTION TO TRANSFER DEFENDANT'S PETITION FOR MODIFICATION AND NOW, this Z- day of May, 2009, comes the above-named Plaintiff, Ginger M. Bjurstrom, by and through her counsel of record, Wendy J. F. Grella, Esquire, and respectfully requests Your Honorable Court Transfer Defendant's Petition for Modification to the Dauphin County Court of Common Pleas and in support thereof, the following is averred: 1. Plaintiff, Mother, previously resided in Cumberland County and filed a Complaint for Custody which resulted in an Order of Court dated November 5, 2006, being issued. 2. On or about April 23, 2009, Defendant, Nathaniel Michael, filed a Petition for 3. The parties are currently scheduled to appear before Hubert X. Gilroy, Esquire on Friday, Jun 5, 2009 at 8:30 a.m. for a Pre-Hearing Custody Conference 4. It is respectfully submitted that the Cumberland County Court of Common Pleas lacks jurisdiction over this matter for the following reasons: A. B. C. The children at issue are currently living in Dauphin, Dauphin County, Pennsylvania and are residents of Dauphin County. In the Petition for Modification filed on or about April 23, 2009, Defendant acknowledges that the Plaintiff lives in Dauphin County and the minor children currently reside in the custody of their Mother, Plaintiff in this action. The Petition for Modification filed by the Defendant, on its face, reflects the fact that the Court of Common Pleas of Dauphin County Pennsylvania has jurisdiction and venue over the issue of custody of the children pursuant to the Uniform Child Custody Jurisdiction Act. BEFORE, Plaintiff respectfully requests Your Honorable Court Transfer Defendant' Petition for Modification to the Dauphin County Court of Common Pleas for a Custody Respectfully submitted, Wendy J. F. Cn 3618 North 6t' P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 Fax (717) 234-6050 CERTIFICATE OF SERVICE AND NOW, this day of May, 2009, I, Wendy J. F. Grella, Esquire hereby certify that have served the within document upon the person(s) and in the manner indicated below: Service via First Class United States Mail Nathaniel Michael and Gregory E. and Rosemary E. Michael 7372 Spring Road New Bloomfield, PA 17068 Hubert Gilroy, Esquire 10 E High St Carlisle, PA 17013 L:JQ?;,•'+i :'his Cl ..?i GINGER M. BJURSTROM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NATHANIEL G. MICHAEL, Defendant V. GREGORY E. MICHAEL and ROSEMARY E. MICHAEL, Intervenors NO. 06-5292 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO TRANSFER DEFENDANT'S PETITION ORDER OF COURT AND NOW, this 3rd day of June, 2009, upon consideration of the Plaintiff's Motion To Transfer Defendant's Petition for Modification, filed May 29, 2009, and in view of the immediacy of the scheduled custody conciliation conference, at this time the court declines to yield its jurisdiction, and the conference currently scheduled for Friday, June 5, 2009, at 8:30 a.m., before Hubert X. Gilroy, Esq., shall proceed as scheduled. Hubert X. Gilroy, Esq. Custody Conciliator ,-,"(Vendy J.F. Grella, Esq. 3618 North 6u' Street P.O. Box 5292 Harrisburg, PA 17110 Attorney for Plaintiff BY THE COURT, ?... ti? za.! ?? .:r ? ? ? ?" f - '?- t i " C'"S ;' rJ>> t.s? ? l.k.. ? .?.? ?....` ?.J tV ?..,? Nathaniel G. Michael 7432 Spring Road New Bloomfield, PA 17068 Defendant, pro Se r,?regory E. Michael and Rosemary E. Michael 7372 Spring Road New Bloomfield, PA 17068 Intervenors, pro Se :rc iES m?i?SC? ? a/Qf JUN 0 9 2009,? J GINGER M. BJURSTROM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSIYLVANIA VS. CIVIL ACTION - LAW NATHANIEL G. MICHAEL V. GREGORY E. MICHAEL & ROSEMARY E. MICHAEL, NO. 2006-5292 Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler COURT ORDER AND NOW, this 1> d i day of June, 2009, upon consideration of the Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of March 31, 2009, shall remain in place following modifications: A. Custody ect to the The father shall have temporary custody of the minor children On every third Saturday from Noon until 5:00 p.m. Visitation shall be at the grandparents residence subject to the maternal grandmother's agreement to insure she is there as a supervisor. It is anticipated that father's periods f temporary custody shall proceed for two or three months and, assuming t ings go well, the parties shall communicate between themselves for an expansion of father's temporary custody. Assuming things are going appr priately with visitation, it is presumed that father's time will be increase gradually to ultimately achieve a standard overnight alternating weekend type of visitation. In the event the parties are unable to reach an agreement on expanding father's time and in the event father desires more time, father may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. B. Both parties shall insure that they have a valid legal driver's', license and insurance before they themselves transport the children in any vehicle, and the parties shall also insure that the children are always transferred in a vehicle that has insurance and the person driving has a valid driver's license. C. Neither parent shall be under the influence of alcohol when they ave custody of the minor children. I BY THE COURT, 'J i'a U Judge cc: ?Wendy J. F. Grella, Esquire AMr. Nathaniel G. Michael 111 lr. and Mrs. Gregory E. Michael t e.r rnaL GLCL L. ! ?l a4 GINGER M. BJURSTROM, IN THE COURT OF COMMON PLFAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NATHANIEL G. MICHAEL V. GREGORY E. MICHAEL & ROSEMARY E. MICHAEL, NO. 2006-5292 Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the 1. The pertinent information pertaining to the children who are the litigation is as follows: Lawson Gregory Michael, born January 18, 2002, and McKayla born August 24, 2000. 2. A Conciliation Conference was held on June 5, 2009, with the in attendance: OF CIVIL ng report: bject of this ley Michael, individuals The mother, Ginger M. Bjurstrom, who appeared with her counsel, Wendy J. F. Grella, Esquire, and the father, Nathaniel G. Michael, who appeared wit out counsel, and the paternal grandparents, Gregory E. Michael & Rosemary E. Michael, who appeared without counsel. 3. The parties agreed to the entry of an Order in the form as attached. Date: tf- U , 2009 Hubert X. Gil y, Esquire Custody Co iliator R l r 'E OF THE PROI 4(WOTAPY' 7009 JUN 10 Pt1 2: 4 4 ME 1 vt,t!SYL vr1NIA