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HomeMy WebLinkAbout03-2376Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9Tu JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA WILLIE C. BARNES, JR. Plaintiff MICHELLE A. BARNES Defendant No. ~)..~.~ ~ ..~ "7(~ Civil Action- Complaint for Child Custody COMPLAINT FOR CUSTODY 1. Plaintiff is Willie C. Barnes, Jr., (natural father), an adult individual, sui juris,residing at 126 College Hill Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Michelle A. Barnes, (natural mother), an adult individual, sui juris, with a current mailing address of 1628 Derry Street, Harrisburg, Dauphin County, Pennsylvania 17104. 3. Plaintiff seeks custody of the following child: Name Address Age Willie C. Barnes, IH 126 College Hill Road 9 y/o (DOB: 9-27-93) Enola, PA 17025 4. The child was bom of the marriage. 5. The child is presently in the primary physical custody of Plaintiff. 6. During the last five years the child has resided with the following persons and at the following addresses: Name Willie C. Barnes, Jr. Carrie Morrison Address Date 126 College Hill Road Enola, PA 17025 February 1, 2003 to present Willie C. Barnes, Jr. Carrie Morrison 1865 Armstrong Valley Road Halifax, PA 17032 9/1/2001- 2/1/2003 7. The mother of the child is Michelle A. Barnes, She is married. 8. The father of the child is Willie C. Barnes, Jr., 9. He is married. 10. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Name Relationship Carrie Mordson Girlfriend Willie C. Barnes, III Son 11. The relationship of Defendant to child is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Kevin Russell Boyfriend 12. Plaintiff, Willie C. Barnes, Jr, is represented by Lee E. Oesterling, Esquire in regard to this matter. 13. Defendant, Michelle A. Barnes, may be represented in this matter, however, at this time specific counsel is not known in regard to this matter. 14. Plaintiff has no information of another custody proceeding concerning the child pending in a Court of this Commonwealth. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: 18. Plaintiff has been primarily responsible as custodian and caregiver of the child 19. Plaintiff has maintained a relationship with the child that has provided for the child's physical, intellectual, emotional and spiritual well being. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WItEREFORE, Plaintiff, Willie C. B ames, Jr., requests t he court grant him primary physical custody of the child. Respectfully Submitted, LEE E. OESTE~, LLC VERIFICATION I verify that upon personal knowledge or information and belief 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. § 4904, relating to unswom falsification to authorities. Willie C. Barnes, Jr. WILLIE C. BARNES, JR. PLAINTIFF V. MICHELLE A. BARNES DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2376 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 25, 2003 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. 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: /si Dawn S. Sunday, 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 }lAVE 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 Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA WILLIE C. BARNES Plaintiff No. 03-2376 MICHELLE A. BARNES Defendant Civil Action - Custody Lee E. Oesterling, Esquire, attorney for Plaintiff in the above-captioned custody action, deposes and says that he mailed a copy of the Custody Complaint and Order to Attend Custody Conference filed in this matter by certified mail, restricted delivery, and first class mail to the Defendant, Michelle A. Barnes at 1628 Derry Street, Harrisburg, PA 17104 on May 28, 2003. Deponent further says that the certified mail # 70023150000207739682 was received on May 30, 2003 and that the first class mail was not returned and has not been returned as of the date of this affidavit. A true and~the retur, n receipt is attached hereto as Exhibit" A". Lee E. Oesterling, Esqu' 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 Attorney for Plaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and add~ess 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. A~icle Addressed to: MICHELLE A. BARNES 1628 DERRY STREET HARRISBURG, PA 17104 2. Article Number (Transfer from service label) 7002 3150 [] B. Received by (Printed Name) D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type ~. Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C;.O.D. 4. Restricted Delivery? (Extra Fee) ~ Yes 0002 0773 9682 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 £X/7'/~¢ ,'7- '/,,¢// LEE E. OESTERLING, ESQUIRE 42 EAST MAIN STREET MECHANICSBURG, PA 17055 ~STERLING & ASSOCIATES, L] )RNEYS & COUNSELORS AT LAW 42 EAST MAIN STREET MECHANICSBURG, PA 17055 7002 3150 0002 0773 9682 MICHELLE A. BARNES 1628 DERRY STREET HARRISBURG, PA 17104 ESTERLING & ASSOCIATES, LLC )RNEYS & COUNSELORS AT LAW 42 EAST MAIN STREET MECHANICSBURG, PA 17055 MICHELLE A. BARNES 1628 DERRY STREET HARRISBURG, PA 17104 WiLLIE C. BARNES, Plaintiff VS. MICHELLE A. BARNES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLANT) COUNTY, PENNSYLVANIA 03-2376 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /$-~ day of ~-7~ ~ , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Willie C. Barnes, Jr., and the Mother, Michelle A. Barnes, shall have shared legal custody of Willie C. Barnes III, bom September 27, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. During the school year, the Child shall reside primarily with the Father and the Mother shall have custody of the Child on alternating weekends from Friday at 6:00 pm through Sunday at 6:00 pm. The alternating weekend schedule shall begin with the Mother having custody on the first weekend after the beginning of the new school year. B. During the summer school vacation, the Child shall reside primarily with the Mother and the Father shall have custody of the Child on alternating weekends from Friday at 6:00 pm through Tuesday at 9:00 am. In addition, the Father shall be entitled to have custody of the Child for two weeks each summer for vacation upon providing at least thirty days advance notice to the Mother. The summer custody schedule shall begin each year with the Mother having custody on the first Saturday after termination of the school year and shall end one week before the new school year resumes in the fail. C. In 2003, the summer custody schedule shall begin with the Mother having custody on Friday, June 27, 2003 at 6:00 pm. The Father shall have custody of the Child for vacation from Thursday, July 3, 2003 at 6:00 pm through Tuesday, July 8, at 6:00 pm. Thereafter, the Father's first alternating weekend period of custody shall begin on Friday, July 18, 2003. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall begin at 9:00 am on the day after school is out for the holiday through December 26th at 6:00 pm, and Segment B, which shall nm from December 26th at 6:00 pm until 6:00 pm on the day before school resumes after the holiday. In odd numbered years, the Mother shall have custody of the Child during Segment A, and the Father shall have custody during Segment B. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B..THANKSGIVING: The Thanksgiving holiday shall mn from the Wednesday before Thanksgiving at 6:00 pm through the following Monday at 6:00 pm. The Mother shall have custody of the Child over theThanksgiving holiday in odd numbered years, and the Father shall have custody in even numbered years. C. EASTER: The parent who has custody of the Child under the regular alternating weekend schedule on Easter weekend shall have custody of the Child for the holiday. The parties shall cooperate in scheduling a period of custody for the Mother in the event the Child has several days off school for Spring Break. D. _MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the child for the entire Mother's Day weekend and the . .1~.1! the Child for the F ' Fathe~ ~,,,m have custody of ather s Day weekend. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Until the Mother moves from Harrisburg, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. After the Mother relocates to the Poconos, all exchanges of custody shall take place at the residence of the Mother's grandfather, Edward Primas, in Harrisburg. Child. 5. The parties shall communicate directly with each other concerning issues involving the 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the fi'ee and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the p~mies at a Custody Conciliation Conference. The parties may modify the provisions of this Order ]by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY CCi Lee E. Oesterling, Esquire - Counsel for Father Michelle A. Barnes, Mother WILLIE C. BARNES, : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLANT) COUNTY, PENNSYLVANIA VS. MICHELLE A. BARNES Defendant 03-2376 C1VIL 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 conceming the Child who is the subject of this litigation is as follows: NAME Willie C. Barnes, III DATE OF BIRTH September 27, 1993 CURRENTLY IN CUSTODY OF Father 2. A Conciliation Conference was held on June 25, 2003, with the following individuals in attendance: The Father, Willie C. Barnes Jr., with his counsel, Lee E. Oesterling, Esquire, and the Mother, Michelle A. Barnes, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Trina D. Kirby, Plaintiff Jorge A. Marti, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNT¥'PENNSYLVAN~A No. 04-2376 CIVIL T~RM : IN DIVORCE AFFIDAVIT OF SERVICE BY MAIl, I, Masayo Quick, do hereby swear that I served Jorge A. Marti, with a Complaint under Section 3301(c) of the Divorce Code pursuant to Pa.R.C.P. 1920.42(a)(2) on the 23rd day of August, 2004, by first class mail and certified mail, return receipt, :restricted delivery, to the person and address below: Jorge A. Marti 2480 West 82nd Street, Box A Hialeah, FL 33016 I, Masayo Quick, verify that the statements made in this Affidavit of Service 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 falsification to authorities. Date: ~/~--~//~ ~/ Signature: ~~ ~/.X4~ 7001 114~ 0003 2512 044?