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Home My WebLink About95-01058 1 ~ - Q) ~ () .- cO . -I I OJ 1 c '- ~ . - OJ ~ :.' f ~ F J ()o t.r) o - I I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVL VANIA NO. 15:- /t6s==-""-~,,jLot-l1"--' CIVIL ACTION - LAW IN CUSTODY MICHELE A. BITTING and MARK H. BITTING, PLAINTIFFS NANCV J. L1NCOVICH BICKELMAN, : DEFENDANT ORDER OF COURT AND NOW, upon consideration of the attached Complaint, It Is hereby directed that the parties and their respective counsel appear before, ....:.O"'~n S. 5.... ",rl.../ , Esquire, the Conclllator, on the~day of JV''''{c h l:!<- II' ;, /I ~I Lv. /Vl"'T' mlt M{~hA" ~'o.S ~ 1'.11 19.2!, at .0 !.t.M., atthe ocr, Cl:Imb6. " Cl:IRt'J el:lrt 910111 Cerllsle, Penn"yluDrola, 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 et the Conference. Fellure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date of Order: ~-;;.-<j.J ~ By: [)~~.d, A /lJ,#fst Cltrstody Conclllator ~.P'( YOU SHOULD TAKE THIS PAPER TO YOUR LAWVER AT ONCE, IF YOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland County Courthouse, 4th Floor Carlisle, PA17013 17171 240-6200 H~R 3 3 O~ PH '55 it r . . . Of T,tr' " hrlce C l. t J('" UJ.lBU;. ,\~ 11CI~: )Ih ~ PEI/,~' ,f! ,r" ,}', r~ ." y,. ~.;f'J .3'3.7'5- 717~.~<6~' 3 ':1 .f's- t~ ~J- ~ ~ 0,~~...d~ 3'3. s&- d-r~ /1t~~ a(f t:'~ " v. NO. CIVIL ACTION - LAW IN CUSTODY MICHELE A. BITTING and MARK H. BITI'ING, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. L1NCOVICH BICKELMAN, DEFENDANT pRDER OF COURT You, Nancy J. Llncovlch Blckelman, Defendant, have been sued In Court to obtain custody, partial custody or visitation of the child: Kyle M. L1ncovlch. You are ordered to appear In person at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, on the day of 1995, at o'clock_.m. You are further ordered to bring wIth you the child: Kyle M. Llncovlch. If you fall to appear as provIded by this Order or to bring the children, an Order for custody, partial custody or visitatIon may be entered against you or the Court may Issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWVER AT ONCE. IF YOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 Phone: (717) 240.6200 BY THE COURT: J. v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY MICHELE A. BITTING and MARK H. BlmNG, PLAINTIFFS NANCY J. L1NCOVICH BICKELMAN, DEFENDANT COMPLAINT FOR CUSTODY 1. The Plaintiffs are Michele A. Bitting and Mark H. BItting, residing at 6 Holly Lane, Mechanlcsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant Is Nancy J. Llncovlch Blckelman whose last know address Is 255 Brown Street, Tamaqua, Schuylkill County, Pennsylvania 18252. She Is presently Incarcerated at the Northumberland County Prison. 3. The father of the child Is unknown and was not named on the birth certificate. 4. Plaintiffs seek custody of the following child: NAME PRESENT RESIDENCE D.O.B. Kyle M. L1ncovlch 6 Holly Lane 08/11/93 Mechanlcsburg, Pennsylvania The child was not born out of wedlock. The child Is presently In the physical custody of Michele A. Bitting and Mark H. Bitting who reside at 6 Holly Lane, Mechanlcsburg, Pennsylvania. Since birth, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Nancy J. Llncovlch Blckelman Jesse L1ncovlch (Brother) Michael Sedlock (Brother) 255 Brown Street 08/93 . 01/94 Tamaqua, Pennsylvania Michael 11& Carol L1ncovlch (Maternal Grandparents) Jesse Llncovlch (Brother) Michael Sedlock (Brother) 235 Spruce Street 02/94 - 03/94 Tamaqua, Pennsylvania Michele A. 11& Mark H. Bitting (Maternal Aunt and Uncle) 6 Holly Lane 03/94 . Present Mechanlcsburg, Pennsylvania The mother of the child is Nancy J. L1ncovlch Blckelman whose last know address Is 255 Brown Street, Tamaqua, Schuylkill County, Pennsylvania 18252. She is presently Incarcerated at the Northumberland County Prison. She is married. The father of the child Is unknown. 5. The relationship of Plaintiffs to the child is that of maternal aunt and uncle. The Plaintiffs currently reside with the following person/persons: NAME RELATIONSHIP Kyle M. L1ncovlch Nephew 6. The relationship of Defendant to the child Is that of mother. The Defendant Is currently Incarcerated at the Northumberland County Prison. 7. The Defendant's three children, Including Kyle, have been declared dependent and placed under the protective supervision of the Schuylkill County Social Services for Children and Youth, however, custody was never transferred from the natural mother, Defendant. The children were placed In the physical custody of the maternal grandparents, Michael and Carol Llncovlch, at the time of the Defendant's Incarceration. The grandparents subsequently placed Kyle with the maternal aunt and uncle In March of 1994. The Defendant Is presently awaiting trial on the charges of criminal homicide, drug delivery resulting In death and delivery of a controlled substance. In addition, she Is presently serving a sentence of 11 1/2 to 23 months In the Northumberland County Prison, on the charges of possession of a controlled substance, possession with Intent to deliver and criminal conspiracy. 8. Plaintiffs have not participated as a party or witness, or In another capacity, In other litigation concerning the custody of the child In this or another court. Plaintiffs do not know of a person not a party to the proceedings who have physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best Interest and permanent welfare of the child will be served by granting the relief requested. 10. Each parent whose parental rights to the child have not been MICHELE A. BITTING and MARK H. BITTING, Plaintiff. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1058 NANCY J. UNCOVICH BICKELMAN, DEFENDANT CIVIL ACTION. LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SSe COUNTY OF DAUPHIN : AND NOW, this 1'-1 t1day of !rJw h J\V , 1995, personally appeared before me, a Notary Public In and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that 8 copy of the Complaint in Custody In the above-referenced action was served on the Defendant on March 13, 1995 by certified mall no. P 654 986 222, addressee only, return receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed to before me this I!:ti:.L. day of ~J..,. ,1995. ~~,I};uy~ Notary Public .,. NOTARIAL SEo\L . JEAN L. M'.1fl!fl, N,t'''l P':\Hc .t . HJ.r,r!~>;;~t.. D,l';;.~in r.tunty ~;, ~.'.Y r.'I,li: 1~'1~.1 (" :'-e3 3e l 16. 1995 . . , (")~ e ....,..J;;.... M~::=.I\ ::,:p,,;;"O-- ~~ ~:: i~l ~ r.~..... ':.0 ~.. c;:1:t:-Tf 't>~u"'" ~",):Z:C; &.c.~''''" ",,-< -,'" -''''' -< ii :a (. c; .. = c.;~ c.' ~ i ~~ , I I~ ~I ~ ' i 1;' "'Ii ~ @ Cl ~ ~~ Cl~ H ~8 ",,, ~ ,- ~~~ ... ..a. _ aI =:::: - .u > - = I fI.I <( ~H"" ~~ HI ilt,1!, -;; ,5 ": ~~ aI.... U19 aI .u . ~ I . I 11 e.c . t: > > t: iot~ t::; . . ::C.r-I 802l lXlH ' - .g <i~ ~tl I B .. j ~ '2 h ILl c. ~8 7< =-e ," t3 ~ .- ..: '" il Ill~ ~.~) tJ 1"\.... is . "'!;:! .... ..., H 'H lIE: ~ ~u ~ ~~ ~ 8 . . MICHELE A. BITTING and . IN THE CCURT OF COOMCJN PLEAS OF . MARK H. BITTING, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiffs . . . NO. 95-1058 CIVIL TERM . v. . . . . NANCY J. LINCOVICH BICKELMAN . CIVIL ACTION - LAW . Defendant : IN CUSTODY OODER OF CXXlRT . AND tool, this 4j ~ day of A~" I consideration of the attached CUstody Conference SUII11lary ordered and directed as follows: , 1995, upon Report, it is 1. The Plaintiffs, Michele A. Bitting and Mark H. Bitting, shall have legal and primary physical custody of their nephew, Kyle M. Lincovich, born August 11, 1993. 2. This Order shall be served by the Plaintiffs or their legal counsel upon the Defendant, Nancy J. Lincovich Bickelman, within thirty days of the date of this Order. 3. Any interested party may petition the Court to have this matter reopened. BY THE COURT, cc: John J. Connelly, Jr., Esq. Susan Connelly , c..f'" . ~5L J. ~",' OL.:D_ 1/5/1$. ~.f. 4./L MICHELE A. BITTING and MARK H. BITTING, Plaintiffs IN THE COURT OF COOMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 95-1058 CIVIL TERM . . NANCY J. LINCOVICH BICKELMAN, Defendant CIVIL ACTION - LAW : IN CUSTODY aJSTOOY cnwERmCE SlMlARY REPmT IN ACXXXlUlANCB wrm cnmERLAND COUNTY RULE OF CIVIL PROCEIlURE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Kyle M. Lincovich August 11, 1993 Plaintiffs/Maternal Aunt and Uncle 2. A Conciliation Conference was held on March 28, 1995, with the following individuals present: The maternal Aunt and Uncle, Michele A. Bitting and Mark H. Bitting, with their counsel, John J. Connelly, Jr., Esquire. The Defendant/biological Mother did not attend the Conciliation Conference as she is currently incarcerated in the Northumberland County Prison. The biological Father's name is not listed on the Child's birth certificate and his identity is uncertain. 3. The Child was declared dependent and placed under the protective supervision of the Schuylkill County Social Services For Children and Youth. The Child was placed in the physical custody of the maternal grandparents, Michael and Carol Lincovich, in February 1994, when the mother was incarcerated on homicide and drug charges. In March 1994, the maternal grandparents plaCed the Child with the Plaintiffs, who are the Child's maternal Aunt and Uncle. The Child has resided with the Plaintiffs since March 1994. 4. The Mother was served with a copy of the Custody Complaint. The Mother advised the Plaintiff (her sister), Michelle Bitting, that she does not oppose an award of legal and physical custody to the Plaintiffs. 5. The Conciliator contacted Susan Connelly who was the caseworker in this matter at Schuylkill County Social Services For Children and Youth and confirmed that the prior Protective Order in Schuylkill County was vacated when the Child was placed in the custody of the Plaintiffs. Ms. Connelly advised the Conciliator that Schuylkill County does not oppose an award of custody of the Child to the Plaintiffs. Ms. Connelly also advised the Conciliator that the Child's Mother is expected to be incarcerated on a long term basis. " 6. The identity of the Child's biological Father is uncertain but the Mother has indicated to Susan Connelly of Schuylkill County Services for Children and Youth that the Father may be Martin Sedlock, who is currently incarcerated in the Schuylkill County Prison. The Child has never resided with or developed a relationship with Martin Sedlock. 7. The Conciliator recommends an Order in the form as attached. YnCoA.c.lL Date ,30 ICj'iS- , t;~d Dawn S. Sunday d CUstody Conciliator 1M 0MaM :':'r,'::: f~i>~t~~~1~t;:\H~,'.~;:' -:, ",;ot"':i~~,,':~1; Co~:I::=~s:--,;".;.~)!,)t~~:t:~' ',. Kcr_~ ~~17tOO-,_-,"\{";-f"-'1~"" ",,',;,;:';k~\~~~~;~i~t~~i1#1~'~J.~~~L'~~i:11';';};&~~~~;t~~~~J~i~:~' ~~ HELE A. BITTING and IN THE COURT OF COMMON PLEAS MARK H. BITTING, CUMBERLAND COUNTY, PENNSYLVANIA PlaIntIffs ::; :. v. : NO. 95.1058 CIVIL ACTION. LAW IN DIVORCE NANCY J. L1NCOVICH BICKLEMAN, Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF AND NOW, this .":I~ ~ day oCf-t~ ~ R. , 1995, personally appeared before me, a Notary Public in and for the State and County aforementioned, Michael SS. and Carol Lincovlch, who, being duly sworn according to law, deposes and says that a copy of the Order of Court and Custody Conference Summary Report In the above. captioned action was served on the Defendant. Nancy J. Llncovlch Blckleman, on the ol '= day olff' , , ".C. at ~ '.' P.m. by .",onal hand dalive",. , I') 1'-: ~,Lj ~~__~ Michael Linc vlch ~~~ ../.~~..,() Carol Lincovich Sworn to and Subscribed to befo!e_me this .":' ~ ),1 day -" d1 , 1995. - .---- : .... '.'- .: ; --. ---'---1' t:..'~ I I" , , .' ....Ie r""UQUA ~,'7." i~' ll. f:':.;'fTY Wy ('(''''UI''~''''I''''''''" ','", . ,_:.' .'\ '~... ::7'_I:)<-:"':~~ ,,::}.. ..... ~. .:t: "..., .~ '" ~ ,''i~' ~ ... '" '" ...... --, ~ ~~,,;':-':;." . 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