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Home My WebLink About09-63301 Karen W. Miller, Esquire Attorney I.D. No. 200037 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Plainfiff Scot L Burner MARK S. BARNHARDT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09- G ,-y3a Civil Term LISA J. BARNHARDT, Defendant CIVIL ACTION - LAW COMPLAINT IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Mark S. Barnhardt, by and through his attorney, Karen W. Miller, Esquire, Caldwell & Kearns, and respectfully presents the following Custody Complaint with regard to the minor children identified in the following paragraphs, and files this Complaint; and in support thereof avers as follows: 1. The Plaintiff is Mark S. Barnhardt, an adult individual, who resides at 832 Flintlock Ridge Road, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 2. The Defendant is Lisa J. Barnhardt, an adult individual, who resides at 24 Mallard Court, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 3. Plaintiff and Defendant are the natural parents of the minor child whose name is set forth in the immediately following paragraph. Name 4. Plaintiff seeks full and complete physical and legal custody of the following child: Address Date of Birth/Age Austin A. Barnhardt (female) 832 Flintlock Ridge Road, May 10,1992/17 years old Mechanicsburg, PA 17055 5. The child was not born out of wedlock. 6. The child is presently in the custody of her father, Plaintiff, Mark S. Barnhardt. 7. During the past seventeen (17) years, the child has resided with the following persons at the following addresses: Name • Mark S. Barnhardt & Lisa J. Barnhardt • Mark S. Barnhardt Address 832 Flintlock Ridge Road Mechanicsburg, PA 17050 832 Flintlock Ridge Road Mechanicsburg, PA 17050 Date 12/92 -06/09 06/09 through present 8. The father of the child is Mark S. Barnhardt, currently residing at 832 Flintlock Ridge Road, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17050. 9. The father of the child is married to the mother. 10. The mother of the child is Lisa J. Barnhardt, currently residing at 24 Mallard Court, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17050. 11. The mother of the child is married to the father. 12. The Plaintiff avers that it is in the best interest and welfare of the minor child that he be granted full and complete physical and legal custody. 13. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the minor child in this or another court. 2 14. Plaintiff has no information of a custody proceeding concerning the minor child pending in a Court of this Commonwealth or any other state; or, indeed, for that matter, in any other country upon the face of this earth. 15. 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. 16. The best interests and permanent welfare of the minor child will be served by granting the relief requested herein, because: father has and shall continue to provide a' safe, stable, healthy and consistent residence for the child. 17. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff, Mark S. Barnhardt, requests that Your Honorable Court grant to him full and complete legal and physical custody of the minor child, to wit: Austin A. Barnhardt. Respectfully submitted, WELL &1 AK'EARN . LN 'ZL Dazed: q 2009 By: V" W. Miller Attorney I.D. #200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, Mark S. Barnhardt 09258-001/152821 3 VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Dated: 0 CiM'r-r??G , 2009 Mark S. Barnhardt ?•c FLED 2BUD SEP 23 PH I ? 29 ?,t r ?T.; *!(o5.5o Pik A`S'H (?"'? 533a'? R? a3oq?a MARK S. BARNHARDT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6330 CIVIL ACTION LAW LISA BARNHARDT IN CUSTODY DFFF.NDANT ORDER OF COURT AND NOW, Wednesday, September 30, 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 Country Courthouse, Carlisle on Tuesday, November 03, 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR "THE COURT, By; _Is/ ac ueline M. Verne Es q. 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 P%P OF 4%MM pR h.- of ""-1 4" W F:\FILES\C6ents\13914 Barnhardt\13914.LPrae Revised: 6/9/10 6:53PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARK S. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~ ,.a v. NO. 2009-b330 r_. ~ =; CIVIL ACTION -LAW ~ ~ ~-- ~~ 1r LISA BARNHARDT, r>?- ~ ; f_,~ Defendant IN DIVORCE ~ ~ ~- TO THE PROTHONOTARY: Please enter the appearance of Hubert X. Gilroy, Esquire, and Martson Law Offices on behalf of the Plaintiff, Mark S. Barnhardt in the above matter. MARTSON L W FICES By Hubert X. ilroy, Esquire 10 East igh Street ,~ Carlisle, PA 17013 Date: Junes-? , 2010 (717) 243-3341 Please withdraw the appearance of Karen W. Miller, Esquire, and the firm of Caldwell & Kearns on behalf of the Palitniff, Mark S. Barnhardt in the above matter. CALDW LL & KEARNS B ~ ~• Karen W. Miller, Esquire 3631 North Front Street Harrisburg, PA 17110-1533 Date: June ~J, 2010 (717) 232-7661