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Home My WebLink About08-5542STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff LESA A. BARWICK, Plaintiff V. THOMAS A. BARWICK, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION: LAW NO.0 T -S,5 7 IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Lesa A. Barwick, who resides at 236 Henderson St., Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Thomas A. Barwick, Jr., who resides at Building 9 Unit 35, North Slope Run, Hollow Rd., Shawnee on Delaware, Monroe County, Pennsylvania. 3. Plaintiff seeks Physical Custody of the following Child: Name: Present Residence: DOB: Age: Amanda Paige Barwick 236 Henderson St., Carlisle, PA 17013 2/16/99 9 The Child was not born out of wedlock. The Child is presently in the custody of Lesa A. Barwick, her Mother, and she has been in her Mother's custody for her entire life. During the past five years, the Child has resided with the following persons and at the following addresses: Name: Address: Dates: Lesa A. Barwick and 236 Henderson St. 2003-November 2007 Thomas A. Barwick, Jr. Carlisle, PA 17013 Name: Address: Dates: Lesa A. Barwick 236 Henderson St. November 2007 to Present Carlisle, PA 17013 4. The Mother of the Child, Lesa A. Barwick, is currently residing at 236 Henderson St., Carlisle, PA 17013. The Father of the Child is Thomas A. Barwick, Jr., and is currently residing at Building 9 Unit 35, North Slope Run, Hollow Rd., Shawnee on Delaware, Pennsylvania 18356. The relationship of Plaintiff to the Child is that of natural Mother. The Plaintiff currently resides with the Child at the above residence. 6. The relationship of Defendant to the Child is that of Natural Father. The Father lived with the Child and the Mother until he left in November 2007. 7. Neither Plaintiff nor Defendant has participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the Child in this or any other court. 8. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth or any other state. 9. Plaintiff knows of no person other than the Child's Father, Defendant herein, who has or claims to have custody or visitation rights with respect to the Child. 10. The best interest and permanent welfare of the Child will be served by granting the relief requested due to the fact that the Child is happy and safe in the stable environment where she currently is living and has lived for her entire life. The Child has a strong bond and relationship with her Mother and her Mother's family and it is in her best interest and permanent welfare to remain in the primary legal and physical custody of her Mother. It would also be in the Child's best interest to continue to receive visits for several hours from her Father every other weekend as she has done since the time that he left Plaintiff and Child in November 2007. Plaintiff is requesting that a temporary Emergency Custody Order be granted due to Defendant constantly threatening to take the Child from Plaintiff and bring her to his own residence permanently, a place that is unknown to her and does not have the structure and stability that the Child has had for the past nine years. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary legal and physical custody of the Child, Amanda Paige Barwick, and to grant partial physical custody to Defendant in the form of visits to take place for several hours per visit every other weekend in or around the Child's residence. Respectfully submitted, /Steplffnie E.-Chertok, Esq. Pa. Sup. Ct. ID# 52651 Cindy Hribal, Esq. Pa. Sup. Ct. ID# 202325 61 West Louther Street Carlisle, Pennsylvania 17013 Counsel for the Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4905 relating to unsworn falsification to authorities. c U U? Date Lesa A. Barwick STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 (717) 249-1177 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA LESA A. BARWICK, Plaintiff V. THOMAS A. BARWICK, JR., Defendant CIVIL ACTION: LAW NO. CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff IN CUSTODY CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esquire, counsel for Lesa A. Barwick, hereby certify that a copy of the Complaint for Custody directed to Defendant Thomas A. Barwick, Jr., was served upon Defendant at Defendant's residence, Building 9 Unit 35, North Slope Run, Hollow Rd., Shawnee on Delaware, Pennsylvania 18356., this W, day of , 2008 by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa. C R. P. 1930.4(c). Co sel for the Plaints Stephanie E. Chertok, Esq. Pa. Sup. Ct. ID# 52651 Cindy L. Hribal, Esq. Pa. Sup. Ct. ID# 202325 61 West Louther Street Carlisle, Pennsylvania 17013 L ti5 ?- co zil- .55 -• r F - c:r? t LESA A. BARWICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2008-5542 CIVIL ACTION LAW THOMAS A. BARWICK, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 26, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 23, 2008 at 9:30 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/ ac ueline M. Verne 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 - r/, d, " row-e 4v -5a A?v t( ?? yyqq t irti ? ?? .r`r`? V f ! ?fF 9C :Z A 6Z d 3S 9001 1?ti1? U ?i? s :"Hi aO STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff LESA A. BARWICK, Plaintiff V. THOMAS A. BARWICK, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION: LAW NO. 08-5542 IN CUSTODY PRAECIPE FOR RE-INSTATEMENT OF COMPLAINT To the Prothonotary: Please re-instate the attached Complaint pursuant to P.A.R.C..P. 401. Date Stephanie E. Chertok, Esq. Pa. Sup. Ct. ID# 52651 Cindy Hribal, Esq. Pa. Sup. Ct. ID# 202325 61 West Louther Street Carlisle, Pennsylvania 17013 Counsel for the Plaintiff AM c ?. DEC 19 [tWi? ?r LESA A. BARWICK, Plaintiff V. THOMAS A. BARWICK, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5542 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ? day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Mother shall have sole legal custody of Amanda Paige Barwick, born February 16, 1999. 2. Mother shall have primary physical custody of the child. Father shall have periods of partial physical custody as agreed by the parties. 4. Neither party shall do or say anything, nor permit third parties from doing or saying anything that may 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. 5. 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 T cephanie E. Chertok, Esquire, Counsel for Mother ,,,nlxobert A. Barwick, Jr., pro se c/o Carlisle Carrier 6380 Brackbill Blvd. Mechanicsburg, PA 17055 J. r/, r 1! LESA A. BARWICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5542 CIVIL ACTION - LAW THOMAS A. BARWICK, JR., Defendant : IN CUSTODY PRIOR JUDGE: None 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 concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Amanda Paige Barwick February 16, 1999 Mother 2. A Conciliation Conference was held in this matter on December 18, 2008, with the following in attendance: The Mother, Lesa A. Barwick, with her counsel, Stephanie E. Chertok, Esquire. Father, although notified of the conference, did not appear 3. Mother requested an Order of Court in the form as attached. /d- - i? -eir Date iacqile ;U M. Verney, Esquire Custody Conciliator