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HomeMy WebLinkAbout08-6116ANTONIO MARCUS BARNETT, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. a$ .` CIVIL TERM ELIZABETH HURLEY, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Antonio Marcus Barnett, Sr., residing at 807 Factory Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Elizabeth Hurley, residing at 906 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff seeks periods of partial custody of the following child: Name Present Residence Age Antonio Marcus Barnett, Jr. 906 Alexander Spring Road, Carlisle, PA 2 The child was born out of wedlock. The child is presently in the custody of defendant mother. During the past five years, the child has resided with the following persons and at the following addresses: Person Mother Address Above Dates 4/26/06- present The mother of the child is Elizabeth Hurley. She is unmarried. The father of the child is Antonio Marcus Barnett, Sr. He is unmarried. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Name Tanya Hockley Relationship Paramour 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Antonio Marcus Barnett, Jr. Virginia & Edward Hurley Relationship Subject child Maternal Grandparents (of child) 11 6. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff can provide the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; b) Plaintiff is willing to accept periods of partial custody of the child; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 8. 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: None Wherefore, plaintiff requests the court to grant custody of the child. c dsay D. Bak, Esq ire 37 South Hanover Carlisle, PA 17013 Attorney for Plaintiff I verify that to best of my knowledge and belief, 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. IL, b dwY1 Antonio Marcus Barnett, Sr. Plaintiff D _0 -0 sp. grl t < r _o O c? W co X33 -u a r t ANTONIO MARCUS BARNETT, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6116 CIVIL ACTION LAW ELIZABETH HURLEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday,_ October 15, 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 _ Tuesday, November 04, 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/ LacqueKne M. Verney, Esq. 0 Custody Conciliator P" 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 ?- Z:£ add 9 1 11, 0 60oz A tbiv a - ; d 3HL j0 3Ji?????-t131N Nnv n 5 Zoos" ANTONIO MARCUS BARNETT, SR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6116 CIVIL ACTION - LAW ELIZABETH HURLEY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of N b ut4t" , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Antonio Marcus Barnett, Sr. and the Mother, Elizabeth Hurley, shall have shared legal custody of Antonio Marcus Barnett, Jr., born April 26, 2006. 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 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 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 parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: A. Every Tuesday and Friday from 3:30 p.m. to 8:00 p.m. B. Beginning November 9, 2008 alternating Sundays from 2:00 p.m. to 6:00 p.m. C. Such other times as the parties agree. 4 of the child from Thursday at 5:00 p.m. to Friday at 3:30 p.m. 5. Pick up and drop off shall be at the child's daycare facility during normal business hours. Otherwise, the parties shall exchange custody at the Carlisle Borough Police Department. 6. This Order is entered pursuant to an agreement of the parties 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. Another Custody Conciliation Conference is scheduled for December 22, 2008 at 8:30 a.m. BY THE COURT, J. Z cc: indsay D. Baird, Esquire, Counsel for Father JJane Adams, Esquire, Counsel for Mother &F1,QS rr,? c Thanksgiving shall be shared such that Father shall have physical custody 61 A8 WV 9- AON BOOZ l-," C--031H ANTONIO MARCUS BARNETT, SR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ELIZABETH HURLEY, Defendant 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: : NO. 2008-6116 CIVIL ACTION - LAW : IN CUSTODY 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 Antonio Marcus Barnett, Jr. April 26, 2006 Mother 2. A Conciliation Conference was held in this matter on November 4, 2008, with the following in attendance: The Father, Antonio Marcus Barnett, Sr., with his counsel, Lindsay D. Baird, Esquire, and the Mother, Elizabeth Hurley, with her counsel, Jane Adams, Esquire. 3. The parties agreed to an Order in the form as attached. It -L4 -oF Date cq line M. Verney, Esquire Custody Conciliator DEC 2 2 2008 ANTONIO MARCUS BARNETT, SR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6116 CIVIL ACTION - LAW ELIZABETH HURLEY, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 1110 day of Ott,t,*%? tLr , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 5, 2008 shall remain in full force and effect with the following modifications. 2. Father shall have physical custody of the child on Christmas Eve, 2008 from 10:00 a.m. to 3:00 p.m. 3. In addition to the periods of partial physical custody set forth in the Order of Court dated November 5, 2008, beginning March 6, 2009, Father shall have alternating weekends from Friday at 3:00 p.m. to Saturday at 3:00 p.m. The weekends shall coincide with the weekends that Mother works. 4. Any other major holidays that Mother works, Father shall have physical custody of the child the night before the holiday until the day of the holiday when Mother is off from work. 5. Mother shall have physical custody of the child on Mother's Day from 9:00 a.rn. to 3:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 3:00 p.m. 6. Transportation shall be shared as agreed by the parties. 7. This Order is entered pursuant to an agreement of the parties 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 THE COURT, 1? A., ?,4 M.L. Ebert, Jr., J. cc: ndsay D. Baird, Esquire, Counsel for Father Jane Adams, Esquire, Counsel for Mother ? I e7l-,a I-cqk a4 l0e I? 1 I 1t 1 ?ar.,,..? 4- i; t .t U G .a _i a UI0 9 r z { S ? ANTONIO MARCUS BARNETT, SR.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6116 CIVIL ACTION - LAW ELIZABETH HURLEY, . Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Antonio Marcus Barnett, Jr. April 26, 2006 Mother 2. A Conciliation Conference was held in this matter on December 22, 2008, with the following in attendance: The Father, Antonio Marcus Barnett, Sr., with his counsel, Lindsay D. Baird, Esquire, and the Mother, Elizabeth Hurley, with her counsel, Jane Adams, Esquire. 3. The Honorable M.L. Ebert, Jr. entered an Order of Court dated November 5, 2008 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody. 4. The parties agreed to an Order in the form as attached. ?a k Date ac line M. Verney, Esquire Custody Conciliator