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HomeMy WebLinkAbout00-06505 ~1; ~-.~ ,__----i . , TRISHA ZEIGLER PLAINTIFF v. BRIAN BARGER DEFENDANT IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-6505 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 29 day ofEPTEMBER., 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 3RD day oftbVEMBEk2000, at 9:30 A.M 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 defme 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. FOR TIIE COURT, By: Isl Hubert X. Gilroy. Esq.tJ} 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 " ~'''~.-.<" ~- " ,",'<" ",.." _ _N_"~ FEJIJ-01:} lCE OF .~,. '-!():\~01:~,RY nu' OI'T -'/ PiA '.1; i I \00' ._L, i ... I I' ..., CUI\ijBEF\lj\>~J COUNTY PENNSYLV;lJ\J1A /o.OIm w- ~ ~ ?$ ~ X /O.;;,CO 7ttit;; ~.$ ~', /t?c:J.C7o /~ ~.-- % ~ # . .-----'!. ,;-';~ " Il. ~ ".~JI:", Jl"1TIi)lii!l!. , l':i!!.r"~"'li'!;jj!\I\li!t""\i!@"':''''~'fJl$(il#''''!'''!'I!,ffl!l!~il!!lf'~)f!<~N~Mri'!lq~'~I~f~~N~~W~~ '"~_. . . .. ,','- ' _I'"~ ,~.,/- ,'"- -,,,-'-~ <', o. "'-'. ; ,;,:<.i;_~";;;d A-;:';iC~_~;) -':',::- _: ;,_,~'- "'"._'~ " -"".-F:, ~ (}' SEP 2 6 20~ TRISHA ZEIGLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 00- (,505" CIVIL TERM v. BRIAN BARGER, Defendant ORDER OF COURT AND NOW, this day of ,2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at , on the day of ,2000, at _ m., 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 be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE TillS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HA VEA LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. " , ,"d,"-" - '~" "'- , ,- ~ ~, :,,", Trisha Zeigler, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY Brian Barger, Defendant NO. 00- t;S6::: CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Trisha Zeigler, by her attomeys, the Family Law Clinic, files this action for sole legal and physical custody of the parties' children, Brandon and Timothy, and avers in support thereof as follows: 1. The plaintiff is TrishaZeigler, residing at3 781 Spring Road, Shermans Dale, Cumberland County, Pennsylvania 17090. 2. The defendant is Brian Barger, incarcerated at Mahanoy State Prison, 301 Morea Road, Frackville, 17932, Berks County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Brandon James Barger Present Residence Date of Birth Timothy James Barger 3781 Spring Rd., Shermans Dale 3781 Spring Rd., Shermans Dale 5/9/90 12/9/92 The children were not born out of wedlock. The children are presently in the custody of Trisha Zeigler. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Trisha Zeigler Randall Zeigler Ryan Zeigler Trisha Zeigler Mary Umberger (grandmother) Barry Umberger (grandfather) Trisha Zeigler 3781 Spring Rd., Shermans Dale 1997 -present 291 Walnut Lane, Carlisle 3 mos./1997 146 Clouser Road, Mechanicsburg 1995-1997 '. .. ." .--, -,,, ) -', -'-' ..~" , "1liil!t;, ,-- . ' 4, The relationship of the plaintiff to the children is that of mother. She is married. She currently resides with the following persons: Name Relationshiv Randall Zeigler Husband Brandon James Barger Son Timothy James Barger Son Ryan Eugene Zeigler Son 5. The relationship of defendant to the child is that of father. He is divorced. He currently is incarcerated at the Mahanoy State Prison, 30 I Morea Road, Frackville, Pennsylvania. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7, The best interest and permanent welfare of the children will be served by granting the relief requested because: a) TrishaZeig1er is Brandon Barger's and Timothy Barger's primary caretaker and has been since their births; b) Trisha Zeigler has bathed Brandon and Timothy, fed them, made sure they received medical care when necessary, and provided them with clothing since their births; c) Brandon and Timothy have lived with their mother since their births; d) On September 17, 1996, a jury convicted Brian Barger of involuntary manslaughter; e) The Honorable 1. Wesley Oler, Jr. presided over Brian Barger's trial and subsequently ordered him to serve a prison sentence of not more than five years. A certified copy ofJudge Oler's sentencing order is attached as Exhibit A; f) Brian Barger has been in prison since he was arrested in January 1996; '. 't .' 'c' ,-', _&:"e M_" '". '-, ,- g) Brian Barger is scheduled to be released from the Mahonoy State Prison in January 2001; h) When a parent has been convicted of involuntary manslaughter, 23 Pa.C.S. g5303(b)(1) requires a court to consider the parent's criminal conduct and determine that the parent does not pose a threat ofhann to the children before making an order of custody, partial custody or visitation; i) A court has not determined that Brian Barger does not pose a threat ofhann to his children, pursuant to 23 Pa.C.S. g5303(b); j) Before making a determination to award custody, partial custody or visitation, the court is required by 23 Pa.C.S. g5303( c) to appoint a qualified professional to counsel the offending parent about issues such as domestic violence and to take testimony from that professional; k) A court has not appointed a qualified professional to counsel Brian Barger, as required by 23 Pa.C.S. g5303(c); 1) Brian Barger's involuntary manslaughter conviction was based on a violent crime related to a domestic incident; m) It is presumed not to be in the best interests of a child to visit an incarcerated parent. Etter v. Rose, 684 A.2d 1092 (Pa. Super. 1996). 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. " ,,-1- " ,,' "~ ' - .- ',~--,' .~-, .. ." WHEREFORE, plaintiff requests the court to grant to her sole legal and sole physical custody of the children, with no visitation by the father before his release from prison, and full compliance with 23 Pa.C.S. ~5303(b) and (c). Date: September 25, 2000 'J ~:~S THOMAS M. PLACE TERI 1. HENNING Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 ^ ......-- ~" ~ ~.......~~,~ .. .. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: Ot-Ol<J.-OO ~cu ~A) Trisha Zeigler, l' . ff ~,-, -.......,. . ~ ., .. '''. "0 " COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-0089 CRIMINAL TERM CHARGE: INVOLUNTARY MANSLAUGHTER AFFIANT: TPR. LEONARD LANDER v. OCT Z9 "1 PM VQI' . L~ ~ n .;:0; BRIAN JAMES BARGER' OTN: E259836-JCUjl", .,' ,-.,i,-" ' ,- S ,'-'&T't IN RE: SENTENCE ORDER OF COURT AND NOW, this 22nd day of October, 1996, the Defendant, Brian James Barger, now appearing for sentence with his privately retained counsel, Gregory B. Ablen, Esquire, and having previously been found guilty following a jury trial of involuntary manslaughter in the shotgun killing of Robert E. Horning, and the Court being in receipt of a pre-sentence investigation report, upon which it relies, as well as letters from the family and friends of the victim and several letters in support of the Defendant, and having received oral statements at sentencing from various persons, the sentence of the Court is that the Defendant pay the costs of prosecution, make restitution in the amount of $6716.50 for the victim's funeral expenses, and undergo imprisonment in a State Correctional Institution for a period of not less than two and a half years nor more than five years, with credit to be given for time served from January 5, 1996. This sentence is in the aggravated range and is the maximum permitted by law for the crime of involuntary manslaughter, which involves a reckless or grossly negligent homicide, because the conduct of Defendant in causing Mr. Horning'S death by gunshot under the circumstances presented was so grossly unreasonable as to represent the most extreme form of the offense in terms of mental state and the manner of its EXHIBIT A [}:.\ it' I.' ",- " --. ~~, ,-- w. " ~ - ..",,-) "t ' , .. .. . commission; because the victim did nothing to provoke or cause Defendant's action; because Defendant is believed to be in need of the rehabilitative effects of the state correctional system; and because any lesser sentence would tend to depreciate the seriousness of the crime. The Cumberland County Sheriff is authorized to transport the Defendant to the appropriate correctional institution. By the Court, WILLIAM I. GABIG, ESQUIRE Assistant District Attorney GREGORY B. ABELN, ESQUIRE For the Defendant Sheriff SCIC CCP wcy , '~~l1~J~.ih~~--"~I",-'!lJilif~,'L~ "- ;'c_~~,~l1J~i!!iiliiilUl,il'i ~ &,_ L. ,', M:JfH yqO~ 3tJAT A . ! ",'12 ""flU lI131l1 ,1oeIedw _I bJf", ,.'j ,tF:iilS)ta1tllO\lllluto__. ,__O~, _to".." ~-::;J\J~1 :)!!HO m9ra tlllllUO ~nil1lfll!llQ - ,. '," ~ '.~ I" " - ~ H ~ ,) I) ~ \ ~ \1 f ~ ~ ~ .() ~ g ..;.."..~ - -"-,--," a. -i:l ILi OF ... , , ... . 0 0 n ,~.~ C c:) -n s: r../} .,~{ '"U Q.:J ,., mn'\ " f. :t:::,-- Z:JJ N o~ :._.., Zf:.: <.i'J "--< --r CJ) d-.~ g~ -<L kCJ ,~ -,.;; -",-, zO )>0 r- C b' Z 0 :0 =<! w -< .~ ,~'- ~~~~O<' ,- , ~ TRISHA ZEIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION-LAW BRIAN BARGER, Defendant NO. 00- VS-OS CML TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Trisha Zeigler, Plaintiff, to proceed in forma pauperis. I, Julie B. Miller, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs oflitigation is attached hereto. I ie B. Miller ertified Legal Intern ~L~ /1 ) ROBERT E. RAINS'" THOMAS M. PLACE TERI L. HENNING Supervising Attomeys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ---~~"""'.,.~~.. ""~ "' ~ ~"'-~'" " TRISHA ZEIGLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW BRIAN BARGER, Defendant : NO. OO-Ub5"CML TERM AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my [mandal condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs oflitigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: TrishaZeigler Address: 3781 Spring Road, Shermans Dale, PA 17090 Social Security No.: 211-52-5675 (b) Employment: Homemaker/in-home child care If you are presently employed, state Employer: Address: Salary or wages per month: $450 Type of work: Child care If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: ( c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social security benefits: ~"'-llIIIU ., - > " ~4f!0 ~ Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: WIC program Other: (d) Other contributions to household support Husband's Name: Randall Zeigler (currently laid off) If your (wife)(husband) is employed, state Employer: Sutton Brothers, Marysville, P A Salary or wages per month: $1,000/month Type of work: Laborer Contributions from children: Contributions from parents: Assistance with buying groceries Other contributions: ( e) Property owned Cash: Checking account: $200 Savings account: Certificates of deposit: Real estate (including home): Motor vehicle: Pontiac Transport Cost, Amount Owed $0 Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: $454.06 Loans: $159. 14/month Other: *(itemize all other relevant monthly expenses such as heat, electric, food, medical expenses, transportation expenses, food not covered by food stamps when client receives food stamps, etc..) Heat/electric Food Gas Phone $40/rno. (LIlIEJlP) $80 - $1 OO/month $ 140/month $30/rnonth (g) Persons dependent upon you for support (Wife)(Husband) Name: Children, if any: Name: Brandon Barger Timothy Barger Ryan Zeigler Age: Age: Age: 10 7 7 mos. L...I_,,--"--- ~.-. ~ itit :;:", ,. - " Other persons: Name: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my fmancial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Date q.aIJ.-Db ~ ~Pl'~LiV Petitioner _~__:,. ",~~J" .~,~- 'lli1l" ~~Bi~~Iftl!i\l>l;lO.~IOW'j~,/~'~"'''' . , ,'"-,;,,,',- "~ <- -.~ . " ''''''''"-~' . 0 0 (~ ../ S;; 0 '71 ::1-_ U) , "'U(D .., . ~rn "'0 ~S oX ti5S- N U" ",,<:.< .~--::(), ~C) ou =;~,:,~ ~O 3''': '~,(") ~8 C- Orn Z ~ :< 0 50 c..:> -< . . '-" ,,', ."!; TRISHA ZEIGLER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY v. : CIVIL ACTION - LAW : IN CUSTODY BRIAN BARGER, Defendant : No. 00-6505 CIVIL TERM AFFIDAVIT OF SERVICE I, Julie B. Miller, Certified Legal Intem, Family Law Clinic, hereby certify that I am serving a true and correct copy of an Order of Court to appear at a Pre-Hearing Custody Conference on November 3, 2000, on Brian Barger, who is incarcerated at the Mahanoy State Prison, Inmate No. DC7480, 301 Morea Road, Frackville, Schuylkill County, Pennsylvania, by dropping a copy of the same in the United States mail this 18th day of October, 2000. Date: I W I Pi Or) . </1 V~ ~iller Certified Legal Intem FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Counsel for Plaintiff ,~ -,- ~' :.r............iai1' .".' o f; "'TJC- gzL'_-; z~ ~f~~', ~~S=< 0::;"",,-_- p{.:.:.:: ~ :< f':~ " '-;-) - -... "-":1 t:c -","') ::-.,-.) -:51 r\.l c_ ~:'-i ::J -< R.. {~_. -~ " , : SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2000-06505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZEIGLER TRISHA VS BARGER BRIAN R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BARGER BRIAN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of SCHUYLKILL County, Pennsylvania, to serve the within COMPLAINT - CUSTODY, ORDE 23rd , 2000 , this office was in receipt of the On October attached return from SCHUYLKILL Sheriff's Costs: Docketing Out of County Surcharge Dep. Schuylkill 18.00 9.00 10.00 31.00 .00 68.00 10/23/2000 Co S~~ ... ~...,.a.-~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this oZ31lA. day of @~ ;J..1rVi) A. D. ~r'.Q.~~ Prothonotary j"!f!..~1d'''!i; iIMDM&'lr1ll:: -' "-,h f t.llilliili>lll'~ Tue Gct If, 2000 11~18AM PLAINTIFF~ DEFENDANTi PEOPLE: Service for SEG DATE . SkERIFF!8 DEPART~ENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE; PENNSYLVANIA 17901 (570) 622-5570 ** f.jj-;"luRV'T ZEIGLERr TRISHA v s BARGERIBRIAN iP _ C PeE NAME ADDRESS 2 ADDRESS i BARGER,BRIAN BeI MAHANOY (A T T E ;~ P T '-' TIt1E ADDRESS 1 -------------------- -------------------- --------------- --------------- FRACKVILLE PA 17931 ;,11 ,',..{ SERVED TO 301 MOREA ROAD iO/16/2000 08:50 BRIAN BARGER * REMARKS ~ SERvICE MAuE BY DEPUTY MARINCHAKr M o u R E T U " :'1 ... ~ "'--~~ ~<> PAGE~ 1 * '" GOURT NUM,BER DiPUTIZED FROM CUMBERLAND COUNTY FILED BY TYPE OF PAPER SERVING NUt1BER PRO FILE DATE EXPIRATION SHF RECEIVED DEP RETURNED T G B E ~ E R V E DJ A ~ S E R V ' t.:: EJ ADDRESS ... \~ MAHANOY Ti~P, 00-6505 RAINS! ROBERT :::: ORDER OF COURT ETAL 26240 09i25!2QOO 09/29/2000 10/1712000 i",T'J ...,;,!; ST ZIP DEPUTY FRACKVILLE PA 17931 KAZAXAVAGE, M CITY 81' ZI? il.c..._'"' Total Total MIleage Charge for ~1 1 Services '-.....~_"'WI-_"''''''~";, COST 13,00 13,00 13.00 ~':.l!l_k"""M--'~l..I~.'-" - .. "". ,.. ~ -jL!l!l1il ~~~" li.lI.ilI' &I' ~'''J:'',"""'''''',,,,,,~~,~,,,c'' . , Tue Oct 11, 2DOO l1i18AM P?l,GE i 2 SHERIFFiS DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE! PENNSYLVANIA 17901 (570) 622-5570 '* '* A i r D A 'J _ o F RE"vRN *.. -------------------,------------------------------------------------._--------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------- i hereby CERTIFY and RETURN that sefvice 'i'i<:i=> 11'1a,<:12 by harHilng a TRUE a.fla ATTESTED COPY tu BRIAN BARGER (PERSONAL) 301 MOREA ROAD FRACKVILLE PA ON 10i16!2000 at 08;50 ----------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------.. SWORN and subsrriD€d before me this __ I~~ SO ANS~jERS day of Ccm~ ~- (D2yUty Sheriff) (;:)dL( 13 !J~w l-" . .. , ,or '\",J'!!"'!'!! :I,,', d- _ ~.."''''''''''' -,:::-\ I Jvl~ . J. ~, . r-' (Sheriff of Schuylkill County; =================================================================================================================================== End - of - Return (X-271-2000) , ~"'--~"'"".!''''_"r",--'...."__.,,,-,~,,,,,,-.~__ ""- bili. '~l!iI~~~- '1 , . Iue Oct i7! 20CO l1i18AM ~.AI:i'!iI>d''''''''-'~O!f__""","I'''''''''''''_''''lM' , SHERIFF IS DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL CDUNTY COURT HOUSE POTTSVILLE! PENNSYLvANIA 17901 (S7{}) 622-5570 ** HI-i:"IDAV... ~ i4.llIli_~ 0>- nET URN ** DESCRIPTION PAYMENTS ~ J S ~ SIN ~ 0 R MAT l ~ N R D & R SERvICE MILEAGE N T Y H H R " c 0 ',j . 'J c End - of' - Return (00-6505) CHARGES 9,00 9,00 13.00 Cost of Beni!:!! County Charl~e ~ -r BALANCE -9.00 -18,00 -31.00 31.00 31.00 ~" '-i!/~.fiIli!f;;-""'-"" PAGE: ,) . ..., -~"oilMl<'" ~ 'Mi' "~'n!~,- - - - - - - - -.- - - - - - - - - - - - - - - - - - - - - - - - --- - - -/"'""" -,.-,- - - -.... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- SCHUYLKILL COUNTY SHERIFF'S RETURN OF SERVICE ------------------------------------------------------------------------------ CASE NUMBER: 00-6505 SERVICE ID: 26240 T OF COURT ETAL DEPUTY: KAZAKAVAGE, M EXPIRATION DATE: REFUND TO: ROBERT E RAINS DE~~=:~E~_~~~~ :~~~~LAND C~~=_____~~~_~~~~-- PERSON TO SERVE: BRIAN BARGER t~..J ~_ ~ ADDRESS: SCI MAHANOY FRACKVILLE PA 17931 ~ ~eiE.t4 b2.L...&o (Co\}N~\:.(.C\Q.. J ATTEMPTS MADE: UNITIu\AN/llEtA.. Ct.) DATE TIME MILEAGE COST ATTEMPTED PLACE OF SERVICE PERSON SERVED ADDRESS: RELATIONSHIP: on ~ at 6'OSJ Q: NAME: ) NOT FOUND BECAUSE COMMENTS: '* ~E..T UP ~ IIIV\L- 10 StR\Jt, ON N\ot.-\I::>P,'/! Cl::T. \~ ('3 - 2.158 tXT' L;CoL.! c'" . \)A'ft:.o\-\~ L,. , ~'" N \ c..1A SGI. (M.USU-l ~ ~ 'l. (10 \ J " ...-..- -,_1_ ~,~ " '. --~. , .1n The Court of Common Pleas of Cumberland County, Pennsylvania . Trisha Zeigler VS. . , Brian Barger No: 20-6505 Civil Now, 9/25/00 ,20 QC, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Schuylkill County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .' r~~~ Sheriff of Cumberland County, P A Affidavit of Service Now , ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this day of , 20 COSTS SERV1CE MILEAGE AFFIDAVIT $ $ , , - ~ . ',u .-;,;-:,~" , " ,;.., -,t """ -~~. <_>-';~-;;'R->:"_'''-;'''' '--;-{,,,,-~ _-"" ~_' ,/__~ 'Cn-' ;:_ , NOV 0 6 2000rP TRrSHA 1. ZEIGLER, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRiAN 1. BARGER, Defendant NO. 00 - 6505 CIVIL IN CUSTODY COURT ORDER AND NOW, this 110 day of November, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Trisha 1. Zeigler, shall enjoy legal and physical custody of the Brandon James Barger, bom May 9, 1990; and Timothy James Barger, bom December 9, 1992. 2. Upon Father's release from prison and in the event Father desires to seek an order of custody, partial custody or visitation with the children, Father shall file a petition with the court at the above term and number making such a request and said petition shall be referred to the Conciliator. The Conciliator at that time shall address the issue of whether 23 PaC.SA ~5303 would apply to this particular case and determine whether the court must appoint a qualified professional to provide counseling to the Father in order to ensure that the Father does not impose a threat of harm to the children. Pending any conciliation or further order of this Court, the Father, Brian J. Barger, shall have no specific rights for visitation of the minor children. 3. Nothing in this order shall prohibit the Father from initiating a petition for custody, partial custody or visitation with the minor children prior to his release from prison in accordance with applicable rules and laws. / . /., r;~ BYI'tE CO ;1'/ I 1. cc: Julie Miller Dickinson School of Law Family Law Clinic t . .JY1A I _ f/'jWJ> 7' ~ IJ-J~'OO -'RX~ Brian 1. Barger Inmate No. DC7480 Mahanoi State Prison 301 Morea Road Frackville, P A 17932 II, .. , ~ " " "~-; ,-""~ '" ""~ '''''ry'~~ ~ ["r.""~",,,l'!l'II!M'rr~ {-? 2;:> ~ , C?::, '6' Cl <q. :('f:'~, "'<'J"\~~j "<'f'. I?/"... 0) "~',: U..-L-'C/ ()-. '7: (C, ~/<; / '1;:1 ~~~,J") . ~ ~ .') I..~" -., .~, ~. r) '-:. ..::-,\'>:: ".-, "(-2~~, :';/~i \......-).. /-Z-:' '''9,. r /' \-' " - .>-, ,.- ..,.-'.-" --,-" '-"';:-:';J.<;.,^"'-e"~;;."';~l>~-,,i<:-o,:_'.,;;;-,j,:,/,,, -. -- .~.~-,.' .d:S NOV 0 6 2000tP TRISHA J. ZEIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW BRIAN J. BARGER, Defendant NO. 00 - 6505 CML IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Brandon James Barger, bom May 9,1990; and Timothy James Barger, bom December 9, 1992. 2. A Conciliation Conference was held on November 3, 2000, with the following individuals in attendance: The Mother, Trisha 1. Zeigler, with her representative, Julie B. Miller of the Dickinson School of Law Family Law Clinic. 3. The Father is incarcerated at a state prison in Frackville and has been in jail for almost 5 years. Father had occasional contact with the children during his incarceration when the paternal grandparents would take the children to visit the Father in prison. Prior to incarceration, Mother suggests that Father had limited contact with the children and, in her view, he saw the children once a month when he would stop by the house. Father never had any overnight visitation. Mother anticipates that Father may be released from prison in January 2001 and is seeking a custody order to address the issue of custody with the children in anticipation of Father's release. 4. The Father was convicted of involuntary manslaughter and, pursuant to 23 PaC.SA g5303, the Court may be required to initiate an evaluation of the Father prior to allowing the Father to have any visitation with the children to ensure that the Father does not pose a threat of harm to the children. 5. The Conciliator recommends the entry of an order in the form as attached. (r/tdblJ DATE .',_..,-,-=- . ~ ,'~ fi'":;,; :/ , ' , TRISHA ZEIGLER PLAINTIFF V. BRIAN BARGER DEFENDANT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 00-6505 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 29 day o&PTEMBEI? , 2000, upon consideration ofthe attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on the 3RD day otbVEMBE ~OOO, at 9:30 A.M 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 defme 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 aj@e cQtlferepse may provide grounds for entry of a temporary or permanent order. ~ ~ "T': -u \1) 'J :','~ 92~n ~ ,-,'-j2! ;r.; c::-_ i : I' ~ ~~~ r'--.;. c:::c ~ ~_c..~...-.' ec L,,---, )>\~~ :,..) ~ ~ FOR THE COURT, fC-, :-j By: Isl Hubert X. Gilroy. Esq.bl) Custody Conciliator -'c'.) (_S["I; -, ~-,> :::u -< 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 TIllS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . " ,"__l',_ '>. 'It: . , v. StP 2 6 20n~ : IN THE COURT OF COMMON PLEAS OF V : CUMBERLAND COUNTY, PENNSYLVANIA : CIVll.. ACTION - LAW : IN CUSTODY : NO. 00- (/~o5' CIVll.. TERM TRlSHA ZEIGLER, Plaintiff BRiAN BARGER, Defendant ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at , on the day of ,2000, at _ m., 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 defme and narrow the issueS to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE TIllS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The CoUrt of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation 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. ,.~- " ~ ,,- '",- . . Jd- Trish~igler, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW IN CUSTODY v. ~ BrianQr, Defendant NO. 00- CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Trisha Zeigler, by her attorneys, the Family Law Clinic, files this action for sole legal and physical custody of the parties' children, Brandon and Timothy, and avers in support thereof as follows: 1. The plaintiffis TrishaZeigler, residing at3781 Spring Road, Shelmans Dale, Cumberland County, Pennsylvania 17090. 2. The defendant is Brian Barger, incarcerated at Mahanoy State Prison, 30 I Morea Road, Frackville, 17932, Berks County, Pennsylvania. Brandon James Barger Timothy James Barger 3781 Spring Rd., SheID1atlS Dale 3781 Spring Rd., SheID1ans Dale 5/9/90 12/9/92 y ? r' rv 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth The children were not born out of wedlock. The children are presently in the custody of Trisha Zeigler. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Trisha Zeigler Randall Zeigler Ryan Zeigler Trisha Zeigler Mary Umberger (grandmother) Barry Umberger (grandfather) Trisha Zeigler 3781 Spring Rd., SheID1ans Dale 1997 -present 291 Walnut Lane, Carlisle 3 mos./1997 146 Clouser Road, Mechanicsburg 1995-1997 .-,-~ '. . ,I" ~' - ."__. I ~- - - , ,-". .~-, ",", --II - :"lii: 4. The relationship of the plaintiff to the children is that of mother. She is married. She currently resides with the following persons: Name Relationshiv Randall Zeigler Husband Brandon James Barger Son Timothy James Barger Son Ryan Eugene Zeigler Son 5. The relationship of defendant to the child is that of father. He is divorced. He currently is incarcerateqat the Mahanoy State Prison, 301 Morea Road, Frackville, Pennsylvania. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Trisha Zeigler is Brandon Barger's and Timothy Barger's primary caretaker and has been since their births; b) Trisha Zeigler has bathed Brandon and Timothy, fed them, made sure they received medical care when necessary, and provided them with clothing since their births; c) Brandon and Timothy have lived with their mother since their births; d) On September 17, 1996, a jury convicted Brian Barger of involuntary manslaughter; e) The Honorable 1. Wesley Oler, Jr. presided over Brian Barger's trial and subsequently ordered him to serve a prison sentence of not more than five years. A certified copy of Judge Oler's sentencing order is attached as Exhibit A; t) Brian Barger has been in prison since he was arrested in January 1996; ~ ~. -~ ,'y-' ,- -, .. iEfii . . g) Brian Barger is scheduled to be released from the Mahonoy State Prison in January 200 I; h) When a parent has been convicted of involuntary manslaughter, 23 Pa.C.S. g5303(b)(l) requires a court to consider the parent's criminal conduct and determine that the parent does not pose a threat ofhaan to the children before making an order of custody, partial custody or visitation; i) A court has not determined that Brian Barger does not pose a threat ofhaan to his children, pursuant to 23 PaC.S. g5303(b); j) Before making a determination to award custody, partial custody or visitation, the court is required by 23 Pa. C.S. g5303( c) to appoint a qualified professional to counsel the offending parent about issues such as domestic violence and to take testimony from that professional; k) A court has not appointed a qualified professional to counsel Brian Barger, as required by 23 Pa.C.S. g5303(c); I) Brian Barger's involuntary manslaughter conviction was based on a: violent crime related to a domestic incident; m) It is presumed notto be in the best interests of a child to visit an incarcerated parent. Etter v. Rose, 684 A.2d 1092 (Pa. Super. 1996). 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 1'-'- .-. -; ,; , ._"iltl~~ WHEREFORE, plaintiff requests the court to grant to her sole legal and sole physical custody of the children, with no visitation by the father before his release from prison, and full compliance with 23 Pa.C.S. ~5303(b) and (c). Date: September 25,2000 ~L I- / - R RT E. RA1N-S THOMAS M. PLACE TERI L. HENNING Supervising Attomeys FAMlL Y LAW CLlNlC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 r ~~, .~ VERIFICATION ~ ~'=~-- ~,,- - , - c' , '.,~ "'~' I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. ~4904 relating to unsworn falsification to authorities. Date: C'i-iJ~-OO ~" , ~Q..i ~JLI TrishaZeigler, I' 'ff --~ ,~ '';:'" ~l -~ '-< liliillliM' J.u>: ~,_.. COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-0089 CRIMINAL TERM CHARGE: INVOLUNTARY MANSLAUGHTER AFFIANT: TPR. LEONARD LANDER v. OCT 29 . . ~.1 0:,1 '1'\1'. ~- UI ~O' : BRIAN JAMES BARGER ..' . ^ . OTN: E259836-3"",. . . . . , ;,... ...." :11 IN RE: SENTENCE ORDER OF COURT AND NOW, this 22nd day of October, 1996, the Defendant, Brian James Barger, now appearing for sentence with his privately retained counsel, Gregory B. Ablen, Esquire, and having previously been found guilty following a jury trial of involuntary manslaughter in the shotgun killing of Robert E. Horning, and the Court being in receipt of a pre-sentence investigation report, upon which it relies, as well as letters from the family and friends of the victim and several letters in support of the Defendant, and having received oral statements at sentencing from various persons, the sentence of the Court is that the Defendant pay the costs of prosecution, make restitution in the amount of $6716.50 for the victim's funeral expenses, and undergo imprisonment in a State Correctional Institution for a period of not less than two and a half years nor more than five years, with credit to be given for time served from January 5, 1996. This sentence is in the aggravated range and is the maximum permitted by law for the crime of involuntary manslaughter, which involves a reckless or grossly negligent homicide, because the conduct of Defendant in causing Mr. Horning's death by gunshot under the circumstances presented was so grossly unreasonable as to represent the most extreme form of the offense in terms of mental state and the manner of its EXHIBIT A ~ Fti I ~ . _I " , , , ~, ., -......" , '" ""'-,.,,,- . . commission; because the victim did nothing to provoke or cause Defendant's action; because Defendant is believed to be in need of the rehabilitative effects of the state correctional system; and because any lesser sentence would tend to depreciate the seriousness of the crime. The cumberland County Sheriff is authorized to transport the Defendant to the appropriate correctional institution. By the Court, WILLIAM I. GABIG, ESQUIRE Assistant District Attorney GREGORY B. ABELN, ESQUIRE For the Defendant Sheriff SCIC CCP wcy A TRUE COPY FROM RECORD wb8l801.' hereuntO set my hand la~oIsaldCourtatCadlsI8, PA. ,~;~~-~~ \.,1,.\;1,\ . . ~ ." . .' e ourt cUiiiii8rfalId CauntY ..~