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HomeMy WebLinkAbout09-0355 _A OM CSC' &U ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JAMIE BARBER, Plaintiff V. RICHARD BARBER, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Jamie Barber, who currently resides at 31 Shughart Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Richard Barber, who currently resides at 204 Woodlawn Lane, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following children: Name: Jada Elizabeth Barber Date of Birth: November 13, 2000 Address: 31 Shughart Road, Carlisle, Cumberland County, Pennsylvania Name: Zoe Tae Barber IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0 9- ?.5h l l Utz{ Tc Date of Birth: July 1, 2002 Address: 31 Shughart Road, Carlisle, Cumberland County, Pennsylvania Name: Raif Michael Barber Date of Birth: October 21, 2003 Address: 31 Shughart Road, Carlisle, Cumberland County, Pennsylvania 4. The children were born during wedlock. 5. The children are presently in the custody of Jamie Barber, who resides at 31 Shughart Road, Carlisle, Cumberland County, Pennsylvania. 6. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Jamie and Richard Barber Jamie Barber Address 31 Shughart Road, Carlisle, PA 31 Shughart Carlisle, PA Date Birth - October 2008 Road, October 2008 - Present 7. The mother of the children is Jamie Barber, who resides at 31 Shughart Road, Carlisle, Cumberland County, Pennsylvania. 8. Mother of the children, Jamie Barber, is married but separated from Richard Barber. 9. The father of the children is Richard Barber, who currently resides at 204 Woodlawn Lane, Carlisle, Cumberland County, Pennsylvania. 10. Father of the children, Richard Barber, is married but separated from Jamie Barber. 11. The relationship of Plaintiff to the children is that of Mother. 12. The relationship of Defendant to the children is that of Father. 13. The Plaintiff currently resides with the following persons: herself and the children 14. The Defendant currently resides with the following persons: Erin Murphy, friend 15. The Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court, namely a Protection from Abuse Order docketed to No. 2008-7148. 16. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or 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. 18. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Plaintiff has been the primary caregiver of the minor children since their birth. Plaintiff has: i. Planned and prepared meals; u. Bathed, groomed and dressed the children; Purchased, cleaned and cared for the children's clothing; iv. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; Vi. Put the children to bed nightly, attended the children in the middle of the night, and awakened the children in the morning. b. The children have a psychological bond with the Plaintiff. C. Plaintiff is able to provide a stable environment for the children. d. Plaintiff believes that it is in the best interest of the children to have a stable and consistent custodial schedule. 19. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the children to the Plaintiff with periods of partial physical custody to the Defendant on alternating weekends and one night during each week. Respectfully submitted, ABOM&KUZZULA"S, L.L.P. DATE L) 23 D Kara W. Haggerty, Es Supreme Court ID NU 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Jamie Barber, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. 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 ao2 4 ` J IE BARBER CERTIFICATE OF SERVICE AND NOW, this 23 r° day of January 2009, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Anthony DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 Respectfully submitted, ABOM& KUTULA"S, L.L.P. Kara W. Haggerty, S Supreme Court ID 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff C'? ev CJ i r f?..) Tl CI V? i JAMIE BARBER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-355 CIVIL ACTION LAW RICHARD BARBER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, January 29, 2009 , 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, February 26, 2009 at 8:30 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/ Jacqueline M. Verney, Esq. 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 14, FEB 2 6 2009 JAMIE BARBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-355 CIVIL ACTION - LAW RICHARD BARBER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25th day of February, 2009, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, (Xacqtkline M. Verney, Esquire, Cu dy Conciliator ?-?, ? {.y} {.? 4 .. w? ...,...f ? r ; ??.^. } ?? -....., a,? f _,: 'ti...?