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HomeMy WebLinkAbout08-2546M ASHLEY ROBERTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY RYAN WAYNE BARRICK, Defendant. : NO. 19g - CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your Children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. 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 ASHLEY ROBERTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY RYAN WAYNE BARRICK, Defendant. : NO. 01-=? CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Ashley Roberts, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Ashley Roberts, residing at 2 Noble Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Ryan Wayne Barrick, residing at 1908 George Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks primary custody of. Name Present Residence Age Derk Edward Roberts 2 Noble Avenue, Carlisle, Five (5) Months Cumberland County, PA 17013 Born 11/15/07 The child was born out of wedlock. The child is presently in the custody of Ashley Roberts, who resides at 2 Noble Avenue, Carlisle, Cumberland County, Pennsylvania 17013. Since the child's birth and during the past five months of the child's life, the child has resided with the following persons at the following address: Persons Ashley M. Roberts Kaden D. Roberts Tashawna M. Roberts Address 2 Noble Avenue, Carlisle, Cumberland County, PA, 17013 Dates 11/15/07-4/14/08 The mother of the child is Ashley Roberts. She is single. The father of the child is Ryan Wayne Barrick. He is divorced. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Kaden D. Roberts Tashawna M. Roberts Relationship to Plaintiff Son Daughter The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship to Defendant Jodi Grant Mother of Defendant Bob Keck Defendant's Mother's Boyfriend 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 child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for all of the child's life; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has encouraged contact between Defendant and the child and will continue to do so; d. Plaintiff is willing to accept custody of the child; e. Plaintiff and Defendant have reached an agreement regarding custody of their child. 8. Each parent whose parental rights to the children have not been terminated and the. person who has physical custody to the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her shared legal custody and primary physical custody of the child, with the father having periods of partial custody as stipulated in the attached custody agreement. 5 a oor? Date:241i T OM CE ROBERT RAINS ?---? LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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. Ash ey Ro s ' "7 f:3 ?? ,? _ _ - >; - _, ^`? '? :.. ,, .. .} --G ASHLEY ROBERTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY RYAN WAYNE BARRICK, Defendant. :NO. Qg . 2VI& CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ashley Roberts, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date f d FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 1 HUMAN M. YLACh ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys r_-, +v r:a ? 7 ._, C J T? ' ? 1 : ~L ?- ? ?? _- _'; ? i_,, ?. --,,^? : .. .,. _ _.?. a ` 7'? ?,.f . j A ? ASHLEY ROBERTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY RYAN WAYNE BARRICK, Defendant. : NO. CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this day of 2008, between Ashley Roberts (Mother) and Ryan Wayne Barrick (Father) concerns the custody of their child, Derk Edward Roberts, born November 15, 2007. Mother and Father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child every other weekend, from Friday at 4:00 p.m. through Sunday at 4:00 p.m. 4. Father shall call Mother twenty-four (24) hours in advance of his scheduled custody periods to confirm that he intends to exercise them. 5. Mother and Father shall determine drop off and pick up times and locations as mutually agreed. 6. Father shall be responsible for transporting the child for custody exchanges. 7. Mother and Father shall share holidays with the child as mutually agreed. 8. Neither party shall consume alcoholic beverages to the point of intoxication while the child is in his or her custody, nor shall they permit third parties to do so. 9. Mother and Father shall notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 11. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than to seek the advice of his own legal counsel. 12. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. 13. The parties may modify the terms of this agreement by mutual agreement only. 'I Ash ey Ro rts, Plaintiff y ayne Barrick, Defendant ?`" Witness A 1120bg Legal Intern for Plaintiff 4R:Bt&1NS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 ?? ?? ,_?7 ?;_? ?-? -,? , ,` R?".7 ?-i r.J _?:- t' -? _.. ? ?. "7") .._ ?_ ? ?. _- _ r N 7 ? (' ?._ -^< APR 2 22008 A4? ASHLEY ROBERTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY RYAN WAYNE BARRICK, Defendant. :NO. CIVIL TERM CUSTODY ORDER AND NOW, thi day of '2008, the following Order is entered by consent of the parties with regard to custody of the parties' minor child, Derk Edward Roberts, born November 15, 2007. As per the attached and signed custody agreement, the following terms are approved and entered as an order of court: 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child every other weekend, from Friday at 4:00 p.m. through Sunday at 4:00 p.m. 4. Father shall call Mother twenty-four (24) hours in advance of his scheduled custody periods to confirm that he intends to exercise them. 5. Mother and Father shall determine drop off and pick up times and locations as mutually agreed. 6. Father shall be responsible for transporting the child for custody exchanges. 7. Mother and Father shall share holidays with the child as mutually agreed. 8. Neither party shall consume alcoholic beverages to the point of intoxication while the 3 child is in his or her custody, nor shall they permit third parties to do so 9. Mother and Father shall notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 11. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than to seek the advice of his own legal counsel. 12. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. 13. The parties may modify the terms of this agreement by mutual agreement only. J. cr VIV? 1, : Y V, 6 Z ON 010 '1 Z w? - go/ br/b Cl ryJ-{?. ?U