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HomeMy WebLinkAbout07-6857 MARCO BARRAGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law ?-r? No. 0 7- 4, P,5 7 l,ic?^-- JESSICA ANN BARRAGAN, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Marco Barragan, by and through his counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Marco Barragan, who currently resides at 5800 Susquehanna Trail, Lot #14, Manchester, Pennsylvania, York County, 17345. 2. Defendant is Jessica. Ann Barragan, who currently resides at 8 Ross Avenue, New Cumberland, Pennsylvania, Cumberland County, 17070. 3. Plaintiff seeks physical custody of Name Primary Residence Age Alex Barragan 5800 Susquehanna Trail 9 months Manchester, PA 17345 The child was not born out of wedlock. The child is presently in the custody of Marco Barragan, father, who resides at 5800 Susquehanna Trail, Lot #14, Manchester, Pennsylvania, York County, 17345. Since birth, the child has resided with the following persons at the following addresses: M w Name Marco and Jessica Barragan Marco Barragan Addresses Dates 632 Enola Road, Apt A 2-1-07-July 2007 Enola, PA 5800 Susquehanna Trail Lot 14 July 07-present Manchester, PA 17345 The father of the child is Marco Barragan, who resides at 5800 Susquehanna Trail, Lot #14, Manchester, Pennsylvania, York County, 17345. He is married. The mother of the child is Jessica Ann Barragan, who resides at 8 Ross Avenue, New Cumberland, Pennsylvania, Cumberland County, 17070. She is married. 5. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Name Relationship Alex Barragan son 6. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: Name Carlos ? Albaro Reyes Roxanne Smith Relationship Boyfriend friend friend 7. Plaintiff has 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. 8. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. 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. 10. 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 below, 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(s) Address Basis of Claim None 11. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Father is best able to provide the care and nurture which the child needs for healthy development. b) Father can provide the stability that the child needs for his well being. c) A Court Order of custody and structured visitation is desired so that Plaintiff and child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his Complaint for primary physical custody of the child. Respectfully submitted, Date: /P11-!.7 Michael I Whare(Esquire 3 7 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff MARCO BARRAGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law JESSICA ANN BARRAGAN, Defendant No. : IN CUSTODY 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. & 4904 relating to unsworn falsification to authorities. Date: r?. 6-0-7 Asy Marco Barragan, Plaintiff MARCO BARRAGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. JESSICA ANN BARRAGAN, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certify that I this day mailed a copy of the within Complaint for Custody upon the following by depositing same in the United States mail, certified, restricted delivery-return receipt requested, at Carlisle, Pennsylvania, addressed as follows: Jessica Barragan 8 Ross Avenue New Cumberland, PA 17070 Dated: Michael J. Whare, quire Attorney for Plaintiff 0 .? d ? rn : 6 I I, f% MARCO BARRAGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . Civil Action- Law : No. 07 , 675`7 e JESSICA ANN BARRAGAN, Defendant IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this il., day of /vd ' ir? , 2007 by and between Jessica. Ann Barragan (Hereinafter referred to as "Mother") of 8 Ross Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070 and Marco Barragan (Hereinafter referred to as "Father") of 5800 Susquehanna Trail, Lot #14, Manchester, York County, Pennsylvania, 17345. WHEREAS, Mother and Father are the natural parents of one child, namely, Alex Barragan, date of birth, February 1, 2007, age 9 months; and WHEREAS, Mother and Father have reached an agreement relative to the future care, custody and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: I . Mother and Father shall share legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non- emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding their health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial physical custody of the Child during her day's off work and at such times as mutually agreed upon by the parties. 4. Neither parry shall do or say anything or permit a third party to do or say anything that may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 5. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 6. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 7. Both parties agree that the terms of this agreement have been fully explained to them by their respective legal counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Father is represented by Michael I Whare, Esquire. 8. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. 9. Consented to: Date Marco Barragan 11---l"4 D -7 A Date Michael J. Where, E ire q \ lon Date J sica Ann Barragan Da a fitness for Jessica Ann Banagan CO "v 2 82007 MARCO BARRAGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-6857 JESSICA ANN BARRAGAN, Defendant : IN CUSTODY ORDER OF COURT 40` 1J AND NOW, this v day of Stipulation of the parties, the Court hereby Orders as follows: 2007, based upon the 1. Mother and Father shall share legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non- emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding their health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial physical custody of the Child during her day's off work and at such times as mutually agreed upon by the parties. 4. Neither party shall do or say anything or permit a third party to do or say anything that may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 5. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. BY I cc;,,Michael I Whare, Esq., Counsel for Father ,d'Assica Ann Barragan, pro se J ?.o ]JHi JO r' ;_ A It RRAGAN IN THE COURT OF COMMON PLEAS OF MARCO BA CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. 2007-6857 CIVIL ACTION LAW JESSICA ANN BARRAGAN IN CUSTODY DEFENDANT ORDER OF COURT Wednesday. November 21, 2007 , upon consideration of the attached Complaint, AND NOW, Es , the conciliator, directed that parties and their respective counsel appear before Hubert X. Gilroy, g• it is hereby at 8 M Thursday, December 20, 2007 at 4th Floor, Cumberland County Courthouse, Carlisle on Conference. At such conference, an effort will be made to resolve the issues in dispute; or for aPre-Hearing Custody if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a to e ora y children age five or older may also be present at the conference. Failure to appear at the con e ren may order. All provide grounds for entry of a temporary or permanent order. tin Protection from Abuse orders, The court hereby directs the parties to furnish any and all exi s g ' f orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. Special Rehe FOR THE COURT. By: /s/ Hubert X. Gllro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the accommodations Americans reasonable with Disabilites Act of 1990. For information about accessible facilities contact our office. All arrangements please available to disabled individuals having business before the court, ours rior to any hearing or business before the court. You must attend the scheduled must be made at least 72 h p conference or hearing. . IF YOU HOULD TAKE THIS PAPER TO YOUR ATTORNEY A ONCEONE THE OFFICE S OTT YOU S HAVE AN ATTORNEY OR CANNOT AFFORD ON GETOLEOUAL HTELE ELP. FORTH BELOW TO FIND OUT WHERE Cumberland OCounty Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -a?? *,O-r ?z /" ),? -"Pkr, I i r? f 4 [ ?.J r 12 - DEC 14 2007 MARCO BARRAGAN, . Plaintiff . v JESSICA ANN BARRAGAN, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6857 IN CUSTODY COURT ORDER AND NOW, this t day of December, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Esquire Custody Conciliator ?i ?.- i; .- ?, ` .. ?, .t" MARCO BARRAGAN, Respondent vs. JESSICA ANN BARRAGAN, Petitioner : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO- 07-6R57 C IVIT. TERM : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Jessica Barragan, Petitioner, to proceed in forma au eris. C-) Q mco -n mm CO X;o ,,r N D C) =9 =q , C=) -? V1 Cn ac -n -0m :X7 4c) C) ?i " =; -s c?c --9 •r ..i 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. Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 MARCO BARRAGAN, IN THE COURT OF COMMON PLEAS Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-6857 CIVIL TERM -` ;Z M -4 JESSICA ANN BARRAGAN, zM Petitioner ?,r N pG CUSTODY ?-n =° Cl °? PETITION FOR MODIFICATION En :J Petitioner is, Jessica Barragan, who, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 8 Beverly Drive, Apartment 913, Edwardsville, Luzerne County, Pennsylvania 18704. 2. Respondent, hereinafter referred to as Father, is currently incarcerated in the Immigration Section of the York County Prison at 3400 Concord Road, York, York County, Pennsylvania 17402. 3. The above-named parties are the biological parents of Alejandro Barragan, hereinafter referred to as Alex, born February 1, 2007. 4. A custody order was entered in this case on November 27, 2007, by The Honorable Edward E. Guido. The Order, in pertinent part, gives the parties shared legal custody. Father has primary physical custody of Alex and Mother has periods of partial physical custody during her days off of work and at times agreed to by the parties. (See Attached Exhibit A - November 2007 Order). 5. Mother is entitled to a modification of the current order, which is in Alex's best interest, for reasons including but not limited to the following: a. Father recently pled guilty to his second DUI and was sentenced to a minimum of five (5) days confinement with a maximum of six (6) months confinement. b. While incarcerated for the DUI charge, Father was sent to the Immigration Section of the York County Prison and is facing deportation. (See Attached Exhibit B - printout from the US Government ICE Detainee Locator System) c. Mother moved to Luzerne County to re-establish herself and create an environment where she could raise Alex on a primary basis. In the meantime, Mother and Father continued to follow the basics of the existing order with Father having primary custody and Mother having partial custody. d. Mother learned of Father's legal situation from Paternal Grandmother who had retained custody of Alex for a period of time without notifying Mother of the changes to Father's circumstances. e. On January 4, 2012, Mother went to Paternal Grandmother's home and obtained custody of Alex. Mother has had primary physical custody of Alex since that time. f. Since Mother obtained custody of Alex, she has found that he is significantly delayed in his development; he does not know the alphabet or other basic skills usually mastered by the age of 5. Mother has started to work with Alex to develop skills needed to enter Kindergarten by the 2012-1013 school year and she has actively sought assistance through various community programs to help this process along. g. Mother is in a safe and positive environment in which to raise a child and she is willing and able to care for Alex as his primary caregiver. h. If Father is deported to Mexico, it will be extremely difficult for Mother to easily obtain Father's concurrence with various matters pertaining to legal custody of Alex. As such Mother should be entitled to sole legal custody in order to make necessary decisions for Alex's well-being. i. Mother has been and continues to be committed to her relationship with her son and regardless of the outcome of Father's situation, she will work cooperatively to ensure that Father is able to maintain a relationship with Alex. Mother will also ensure that Alex maintains a relationship with Paternal Grandmother since he already has a significant bond with her. 6. Counsel for Mother has contacted Father's prior counsel, Attorney Michael Whare and he is not currently retained by Father and cannot address the issue of concurrence. Counsel for Mother has provided Attorney Whare with a courtesy copy of this filing. WHEREFORE, Mother respectfully requests that this Court: 1. Schedule this matter is scheduled for conciliation. 2. Grant Petitioner sole legal custody of the child, Alejandro Barragan, born February 1, 2007. 3. Grant Petitioner primary physical custody of Alejandro. 4. Grant Respondent periods of supervised partial custody as agreed to by the parties. 5. Grans: the parties reasonable contact via telephone and written correspondence with Alejandro when he is in the other party's custody. 6. Any other relief that this court finds just and proper. Respectfully submitted, Jess ca Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, JESSICA BARRAGAN, verifies that the statements made in the above Petition for modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: IVA SSICA ARRAGAN < ,:..? .a...?w+.: Fem... „?:.. .:.-.r:a: .cam::: :.-.?:u.?s:v.,x, ,:can?x:ur ,z; ?zatu.+??x..::.ase:•:5s?rs•i ??, ..-? ?'.t?_1,i,? ... ?r.??Sd?it'r.til.,. ' V 2 92Q07 MARCO BARRAGAT , : IN THE COL tT OF CONLNION PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-6857 JESSICA ANN BARRAGAN, Defendant IN CUSTODY ORDER OF COURT ?x4- AND NOW, this ? i day of Stipulation of the parties, the Court hereby Orders as follows: 2007, based upon the 1. Mother and Father shall share legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non- emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding their health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial physical custody of the Child during her day's off work and at such times as mutually agreed upon by the parties. 4. Neither party shall do or say anything or permit a third party to do or say anything that may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. y,;AY; tFa•?6?€,..?'s.?. ,. _a??7ne?ac??s:zua?nrza.: ra.: .'r, - ,v.,.,saw?ars?nw,. :??.M ? ,?,.:mx?;?ra .red 5. Any modification or waiver of any of the provisions of t'le agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. BY I ccAchael I Whare, Esq., Counsel for Father r'Assica Ann Barragan, pro se S MARCO BARRAGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law :No. 0-7.. 1,'7S'7 JESSICA ANN BARRAGAN, Defendant IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this 11?1 day of Abner , 2007 by and between Jessica Ann Barragan (Hereinafter referred to as "Mother") of 8 Ross Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070 and Marco Barragan (Hereinafter referred to as "Father") of 5800 Susquehanna Trail, Lot #14, Manchester, York County, Pennsylvania, 17345. WHEREAS, Mother and Father are the natural parents of one child, namely, Alex Barragan, date of birth, February 1, 2007, age 9 months; and WHEREAS, Mother and Father have reached an agreement relative to the future care, custody and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Mother and Father shall share legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non- emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding their health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial physical custody of the Child during her day's off work and at such times as mutually agreed upon by the parties. 4. Neither party shall do or say anything or permit a third party to do or say anything that may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 5,. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 6. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 7. Both parties agree that the terms of this agreement have been fully explained to them by their respective legal counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Father is represented by Michael I Whare, Esquire. 8. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. .., Mod .. 9. Consented to: Date Marco Barragan Date Michael J. Whare, E ire Date J sica Ann Barragan CO/A IA Da a it ess for Jessica Ann Barragan Online Detainee Locator System ( 08'' - ' Quick Links Search Helpful Info Status of a Case About the Detainee Locator / FAQs Brochure ICE ERO Field Offices ICE Detention Facilities Privacy Notice ' External Links Bureau of Prisons Inmate Locator Page 1 of 1 Search... Espanol Enforcement & Removal » Online Detainee Locator System Search Results ...._ _. . _ .. A-Number Name Country of Birth Status Current Detention Facility Stat 1. 098032459 MARCO BARRAGAN-ANTONIO Mexico In Custody YORK COUNTY PRISON PA Results: 1 - .. S Ceot of Homeland Security ., USA.gov „ Freedom to inionnation x Privacy 3 usage Policy ,. Site }slap c Contact Us :. Get Browser Dlugins https://Iocator.ice.gov/odls/searchByAlienNumber.do 2/21/2012 MARCO BARRAGAN, IN THE COURT OF COMMON PLEAS Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-6857 CIVIL TERM JESSICA ANN BARRAGAN, Petitioner CUSTODY CERTIFICATE OF SERVICE I, Jessica Hoist, Esquire, of MidPenn Legal Services, attorney for Petitioner, Jessica Barragan, hereby certify that I have served a copy of the forgoing Petition for Modification by: LISPS First Class, Certified Mail, Electronic Receipt Requested: Marco Barragan A098032459 York County Prison - Immigration Section 3400 Concord Road York PA 17402 Date: '?- aa- k?L Jessica Hoist, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 MARCO BARRAGAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF <7? CUMBERLAND COUNTY, PENNSYANI,'r, M M r? y z z;u rm 2007-6857 CIVIL ACTION LAW ? C CD JESSICA ANN BARRAGAN I>c.- :zn IN CUSTODY c rv T, DEFENDANT ? - ORDER OF COURT AND NOW, Tuesday, February 28, 2012 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 Monday, March 19, 2012 at 10:30 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. jjCustody Conciliator y 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 T 1 h 717 249 3166 9-1do d cop P 07(2/ goal r? ,?'eoY e ep one ( ) 7 p Iro 3 MARCO BARRAGAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW C- c?_ JESSICA ANN BARRAGAN, NO. 2007-6857 l N _t Defendant IN CUSTODY K) COURT ORDER 5.7 2-1 AND NOW, this d ay of March, 2012, upon consideration of the attached Custody Conciliation Report, the prior Orders of Court entered in this matter are vacated and replaced with the following Order: 1. The mother, Jessica Ann Barragan, shall enjoy sole legal and primary physical custody of Alejandro Barragan, born February 1, 2007. 2. The Father shall enjoy periods of temporary physical custody at such time and under such circumstances as agreed upon by the parties. 3. In the event Father desires to modify this Order, Father may petition the Court to have the case again scheduled with the Custody Conciliator for a conference and, as appropriate, with the Court for a hearing. 4. It is noted that Mother is living in Luzerne County with the minor child and that for at least the past year prior to Mother taking custody, the child was residing in York County with the Father. In the event of any future filings in this case, this Court reserves the right to transfer this custody action to another county which may be more appropriate for venue. cc: ? Jessica Holst, Esquire ? Mr. Marco Barragan 6p-e5 ma.'(r-d -31axfix BY WCOUR Edward E. Guido, Judge MARCO BARRAGAN, Plaintiff vs. JESSICA ANN BARRAGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-6857 IN CUSTODY Prior Judge: The Honorable Edward E. Guido 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 child who is the subject of this litigation is as follows: Alejandro Barragan, born February 1, 2007 2. A Conciliation Conference was held on March 19, 2012, with the following individuals in attendance: the mother, Jessica Ann Barragan, with her counsel, Jessica Holst, Esquire. The father did not attend. 3. The Father is incarcerated in the York County Prison and Mother's attorney indicates that the Father is incarcerated based upon a potential deportation matter. Father underwent a five-day sentence in Cumberland County Prison in early January, and Mother's counsel understands that he was taken from Cumberland County Prison down to York County Prison and is currently subject to the potential deportation proceedings. 4. A prior Order of Court in this matter was issued in 2007 based upon a Stipulation of the parties. It gave Father primary physical custody. However, when Mother was alerted to the fact that Father was incarcerated, Mother took primary custody of the minor child and Mother has had the child in her custody since January 4, 2012. Mother resides in Luzerne County. Mother indicates to the Conciliator that the Father's last known address prior to his incarceration was at a trailer court in York County. 5. Counsel for the Mother attempted to arrange a telephone conference with the Father at Prison at the time of the conciliation. A phone call was made to the Prison and no individual answered the phone number. 6. The Conciliator recommends an Order in the form as attached. Date: March , 2012 t 1? Al a Hubert X. Gilroy, squire Custody Concili or r-- ?- GJ ???.. ;-{ C?..3 cr'= L-- r_ -? c _.