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Home My WebLink About07-4986 BOBBIE JO CARY, CUMBERLAND COUNTY, PENNSYLVANIA CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Bobbie Cary, hereinafter referred to as Mother. Mother resides at 305B North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Michael Harkenrider, hereinafter referred to as Father. Father is believed to have a mailing address in the care of his parents, David and Faith Harkenrider, Route 49, Nelson, Tioga County, Pennsylvania, 16940. 3. Mother seeks primary physical custody of the minor child: Name Present Residence Age Brent Michael Harkenrider 305B North Pitt Street 12/19/99 DOB, 7 3/a years old Carlisle, PA 17013 Brent was born out of wedlock. The child is currently in Mother's custody. During his lifetime, Brent has resided with the following persons and at the following addresses: vs. Plaintiff IN THE COURT OF COMMON PLEAS OF N0.07- y9 ~ CIVIL TERM MICHAEL JOSEPH HARKENRIDER, Defendant Name Bobbie Jo Cary Donna Cary-Dexter Paul Dexter Address 501 N. Buffalo Street Elkland, PA Date birth - 6/00 Bobbie Jo Cary Virginia Beach, VA Michael Harkenrider John (unknown last name) Bobbie Jo Cary Virginia Beach, VA Michael Harkenrider Bobbie Jo Cary 501 N. Buffalo St Donna Cary-Dexter Elkland, PA Paul Dexter Bobbie Jo Cary Kristy Schwarz Joseph Schwarz Elizabeth Schwarz Samantha Schwarz 119 Hill Street Mt Holly Springs, PA Bobbie Jo Cary Bobbie Jo Cary Kristy Schwarz Joseph Schwarz Elizabeth Schwarz Samantha Schwarz 6/00 - 12/00 12/00 -late 2/01 late 2/01- 6/01 6/01- early 8/01 Betty Nelson Trailer Court early 8/01 - 1/02 Carlisle, PA 119 Hill Street 1/02 - 3/02 Mt Holly Springs, PA Bobbie Jo Cary 501 N. Buffalo St 3/02 -late 6/02 Donna Cary-Dexter Elkland, PA Paul Dexter Bobbie Jo Cary Condensary Lane late 6/02 - 6/03 Brett Learn Elkland, PA Bobbie Jo Cary Condensary Lane 6/03 - 2/04 Elkland, PA Bobbie Jo Cary 119 Hill Street 2/04 -late 6/04 Kristy Schwarz Mt Holly Springs, PA Joseph Schwarz Elizabeth Schwarz Samantha Schwarz Bobbie Jo Cary 305B N Pitt Street late 6/04 -present Carlisle, PA 5. Mother lives alone. 6. It is believed that Father lives with the following persons: Name Jennifer Bouvee Relationship Girlfriend 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Brent in this or another court. 8. Mother has no information of a custody proceeding concerning Brent pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Brent or claims to have custody or visitation rights with respect to Brent. 10. Brent's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Brent was born, Mother has been primarily responsible for his daily care and has been the primary provider for his basic needs. Mother has provided for his emotional, physical, educational, financial and medical needs. b. Mother is fully capable of caring for Brent on a full-time basis. Mother has been the child's primary caretaker with minimal assistance from Father. c. Mother is willing to communicate with and work cooperatively with Father to co- parent Brent and will encourage the father/son relationship. 10. Father has not acted in Brent's best interests in ways including but not limited to the following: a. Father has been minimally involved with Brent since Brent was little more than one year old. b. From the time Brent was one year old until he was seven years old, Father visited with Brent about three (3) times per year. Only since April 2007, has Father expressed any increased interest in spending time with Brent and has had several weekend visits with Brent. c. On or about August 3, 2007, Father picked-up Brent from the maternal grandmother's home and kept him until August 19, 2007. Despite his "offers" to return the child to Mother's custody, Father repeatedly failed to show up at the appointed exchange location and failed to respond to Mother's telephone calls. d. Mother has reason to believe that Father was making false allegations that she is abusing Brent and that Father was coaching Brent to repeat those allegations in order to remain in Father's custody. e. Father has not been an active parent for Brent, he is not familiar with Brent's needs and does not know how to care for a child on a primary, full-time basis. 12. Every person with rights to custody or having actual physical custody of Brent has been named as parties to this action. WHEREFORE, Mother requests this Court to grant him the following relief: 1. That the parties shall share legal custody of Brent. 2. That Mother shall have primary physical custody of Brent. 3. That Father shall have periods of partial custody at times and places agreed upon by the parties. 4. That the non-custodial parent shall have reasonable telephone contact with Brent while he is with the other parent. 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Brent during various holidays. 6. Any other relief this Court finds just and equitable. 6. Any other relief this Court finds just and equitable. Res ctf ly submitted, Je ca Ho t, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Bobbie Jo Cary, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: $-11-07 Bobbie .7 Cary BOBBIE JO CARY, vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07- CIVIL TERM MICHAEL JOSEPH HARKENRIDER, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Michael Harkenrider, with a Complaint For Custody on 1 , 2007 by certified mail, return receipt, restricted delivery, to the person and address below: Michael Harkenrider c/o David and Faith Harkenrider Route 49 Nelson, PA 16940 I, Jessica Holst, 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: $ ' 0~ ~ ' ~" Signature: (°? r.~ ~, ~t ...~ '~ I r 4-i C_.) ~ ~~. ,- `r? _._ _ (,~ -. iii 4'. ,) ~- ~ "C BOBBIE JO CARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07- l.~~ ~~ CIVIL TERM MICHAEL JOSEPH HARKENRIDER, : Defendant :CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Bobbie Jo Cary, Plaintiff, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jes ca Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 C`: n' ' - _~. ` r ..1, ---t - ~... :-~ :~ ~-= ~~ -i_,_ _~ r ` _.,. .~ t~ C:i -~ BOBBIE JO CARP IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL JOSEFH HARKENRIDER DEFENDANT • 2007-4986 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 28, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 14, 2007 at 2:00 PM for aPre-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. Al] children ale 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/ ohn . M an r. Es . 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 ~Q 3P.$ ~~~'~ ~ rZ E3~~ 8~ ~Ct~ l.flIIZ ,', ~ _,~ 7..1t" h ' BOBBIE JO CARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07- ~g ~ CIVIL TERM MICHAEL JOSEPH HARKENRIDER, Defendant :CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Bobbie Cary, hereinafter referred to as Mother. Mother resides at 305B North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Michael Harkenrider, hereinafter referred to as Father. Father is believed to have a mailing address in the care of his parents, David and Faith Harkenrider, Route 49, Nelson, Tioga County, Pennsylvania, 16940. 3. Mother seeks primary physical custody of the minor child: Name Present Residence Age Brent Michael Harkenrider 305B North Pitt Street 12/19/99 DOB, 7 3/4 years old Carlisle, PA 17013 Brent was born out of wedlock. The child is currently in Mother's custody. During his lifetime, Brent has resided with the following persons and at the following addresses: Name Address Date Bobbie Jo Cary 501 N. Buffalo Street birth - 6/00 Donna Cary-Dexter Elkland, PA Paul Dexter Bobbie Jo Cary Virginia Beach, VA Michael Harkenrider John (unknown last name) Bobbie Jo Cary Virginia Beach, VA Michael Harkenrider Bobbie Jo Cary 501 N. Buffalo St Donna Cary-Dexter Elkland, PA Paul Dexter Bobbie Jo Cary Kristy Schwarz Joseph Schwarz Elizabeth Schwarz Samantha Schwarz 119 Hill Street Mt Holly Springs, PA Bobbie Jo Cary Bobbie Jo Cary Kristy Schwarz Joseph Schwarz Elizabeth Schwarz Samantha Schwarz 6/00 -12100 12/00 -late 2101 late 2/Ol - 6101 6/01- early 8101 Betty Nelson Trailer Court early 8101-1i02 Carlisle, PA 119 Hill Street 1/02 - 3/02 Mt Holly Springs, PA Bobbie Jo Cary 501 N. Buffalo St Donna Cary-Dexter Elkland, PA Paul Dexter Bobbie Jo Cary Condensary Lane Brett Learn Elkland, PA Bobbie Jo Cary Bobbie Jo Cary Kristy Schwarz Joseph Schwarz Elizabeth Schwarz Samantha Schwarz Condensary Lane Elkland, PA 119 Hill Street Mt Holly Springs, PA Bobbie Jo Cary 305B N Pitt Street Carlisle, PA 3/02 -late 6/02 late 6/02 - 6/03 6/03 -2/04 2104 -late 6104 late 6104 -present `t i s 5. Mother lives alone. 6. It is believed that Father lives with the following persons: Name Jennifer Bouvee Relationship Girlfriend 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Brent in this or another court. 8. Mother has no information of a custody proceeding concerning Brent pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Brent or claims to have custody or visitation rights with respect to Brent. 10. Brent's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Brent was born, Mother has been primarily responsible for his daily care and has been the primary provider for his basic needs. Mother has provided for his emotional, physical, educational, financial and medical needs. b. Mother is fully capable of caring for Brent on a full-time basis. Mother has been the child's primary caretaker with minimal assistance from Father. c. Mother is willing to communicate with and work cooperatively with Father to co- parent Brent and will encourage the fatherlson relationship. 10. Father has not acted in Brent's best interests in ways including but not limited to the following: a. Father has been minimally involved with Brent since Brent was little more than one year old. b. From the time Brent was one year old until he was seven yeazs old, Father visited with Brent about three (3) times per year. Only since April 2007, has Father expressed any increased interest in spending time with Brent and has had several weekend visits with Brent. c. On or about August 3, 2007, Father picked-up Brent from the maternal grandmother's home and kept him until August 19, 2007. Despite his "offers" to return the child to Mother's custody, Father repeatedly failed to show up at the appointed exchange location and failed to respond to Mother's telephone calls. d. Mother has reason to believe that Father was making false allegations that she is abusing Brent and that Father was coaching Brent to repeat those allegations in order to remain in Father's custody. e. Father has not been an active parent for Brent, he is not familiar with Brent's needs and does not know how to care for a child on a primary, full-time basis. 12. Every person with rights to custody or having actual physical custody of Brent has been named as parties to this action. WHEREFORE, Mother requests this Court to grant him the following relief 1. That the parties shall share legal custody of Brent. 2. That Mother shall have primary physical custody of Brent. 3. That Father shall have periods of partial custody at times and places agreed upon by the parties. 4. That the non-custodial parent shall have reasonable telephone contact with. Brent while he is with the other parent. 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Brent during various holidays. 6. Any other relief this Court fords just and equitable. ''~ } t} 1 6. Any other relief this Court finds just and equitable. Res iy submitted, Je a Ho t, Esquire MidPenn Legal Services 401 East Louther Street Cazlisle, PA 17013 (717) 243-9400 E VERIFICATION The above-named PLAINTIFF, Bobbie 7o Cary, verifies .that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: `~'1-1-4~ Bob ie ~ Cary J u l ti 1 ~~ i~ BOBBIE JO CARY, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07- CIVII. TERM MICHAEL JOSEPH HARKENRIDER, Defendant :CUSTODY AFFIDAVIT OF SERVICE BY MAII, I, Jessica Holst, do hereby swear that I served Michael Hazkenrider, with a Complaint For Custody on ~ , 2007 by certified mail, return receipt, restricted delivery, to the person and address below: Michael Harkenrider c/o David and Faith Harkenrider Route 49 Nelson, PA 16940 I, Jessica Holst, verify that the statements made in this Affidavit of Service aze 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: ~ ' G~ ~ ' ~" Signature: ('~ ^a c ~ ~ ~ ~° -..., ~ -~, ~:: ~ t_ ~.' ~ ~~ N ~~ i'; ~ . _~. x -'t ~ ~~ d:y 0 C ~` ... ~ ~ "C BOBBIE JO CARY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07- y~ ~~ CIVIL TERM CUSTODY vs. MICHAEL JOSEPH HARKENRIDER, Defendant To the Prothonotary: PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow, Bobbie 3o Cary, Plaintiff, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma au ris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jes ca Ho1st, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717}243-9400 . ~. ~ , --~~, _ - , ~., ra ~'~ N ` -~ -~ -„ BOBBIE JO CARY, vs. Plaintiff MICHAEL JOSEPH HARKENRIDER, Defendant IN T~-IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07- 4986 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE 1, ~• Sc~IW~,27 ,the undersigned, hereby statexhat I served a copy of a Complaint in Custody in the above-captioned matter upon Defendant by handing the papers to ~-~[~ i~~~~~dLi1~, at the following address: 1 cal N~ S~4r~~~~v-~a~ ~b 1"1p~ i on the ~~-day of ~~[~u~ 2007, at approximately t"!.'• i 0 o'clock ~.m. 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 Ps.C.S. Section 4904, relating to unsworn falsification to authorities. Date:~pl T, S gnature ~oS~fll T. Sc.11W+4,R.~ Printed Name i Title t19 u-u. SS _ +~t. 1~ott,N SdRiNC,~' - Address ~~ ~~p(.~ 1 C~ -r7 ~.. ~x, -..., s~ ' ~; ~ ~' r~ £~'1 ~ ~ i :~ ~ ._. ~ ~~ c r? . -,-; ~-' ~•~ ~~ µ~ c~a cx7 d SFP 2 62007/x% BOBBIE JO CARY, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07 - 4986 CIVIL ACTION LAW MICHAEL JOSEPH HARKENRIDER, IN CUSTODY Defendant ORDER OF COURT AND NOW this z~-' day of ~.,,~,.,, 2007, upon consideration of the attached Custody Conciliation Report, it is Order d and Directed as follows: 1. The Father, Michael Hazkenrider, and the Mother, Bobbi Jo Cary, shall have shared legal custody of Brent M. Harkenrider, born 12/19/99. The pazties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other pazent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The Mother shall have primary physical custody of Brent M. Hazkenrider subject to Father's partial physical custody as follows. Commencing October 5, 2007, Father shall have custody of Brent Harkenrider every other weekend from Friday 6:00 pm until Sunday 6:00 pm. The parties may expand this schedule upon mutual agreement. 3. The exchange location shall be at the Hess gas station in Marysville, PA absent mutual agreement. Should a party not be able to meet at the designated time, that party shall give the other pazent one hour's notice of the delay. It is directed that the parties, or their representatives, shall not engage in conduct that would make the custodial exchanges acrimonious or confrontational. 4. Father is directed to not allow maternal grandmother to have custody/visitation of the Child unless Mother gives express consent or is present for the custody visitation. 5. During the summer months when the Child is not in school, Father shall have a total of four weeks of custodial time with the Child. It is directed that said weeks shall not be more than two weeks consecutive; i.e. Father has two weeks, mother has the next two weeks, Father has the following two weeks. It is directed that the Child shall be in Mother's custody at least a week before school begins. Father shall notify Mother one month in advance of his intended vacation periods with Child. 6. Holidays: Major holidays with the Child shall be alternated between the parents as agreed upon. 7. Neither party may say or do anything nor permit a third party to do or say anything that may ~,~ '~ti A~i~`1~.)vC) . ~ci :~~-J1. ~0 -tr-i ~ ~4`, tt i estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 10. This Order is entered pursuant to 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 the Court, Distribution: ~~ssica Holst, Esquire ~chael Harkenrider, 35 ~dhn J. Mangan, Esquire BOBBIE JO CARY, Plaintiff v. MICHAEL JOSEPH HARKENRIDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 4986 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE 1915.3-8(b), 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 Date of Birth Brent Michael Harkenrider 12/ 19/99 Currently in the Custody of Primarily Mother 2. A Conciliation Conference was held with regard to this matter on September 25, 2007 with the following individuals in attendance: The Father, Michael Harkenrider, pro se The Mother, Bobbi Jo Cary, with her counsel, Jessica Holst, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. ~ 2s O~ Date John J. squire Custo C ciliator