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HomeMy WebLinkAbout10-2932 r MORGAN BARELA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. /lj- dv;?? t171!/'( / DAVID LYNCH, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Morgan Barela, by and through her counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Morgan Barela, who currently resides at 20 Park Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is David Lynch, who currently resides at 253 Fairview Street, Mountain Top, Luzerne County, Pennsylvania 18707. 3. Plaintiff seeks primary physical custody of Name Primary Residence DOB Jarret B. Lynch 20 Park Street. 07/10/08 Mt. Holly Springs, PA 17065 The child was not born out of wedlock. The child is presently in the custody of Mother. /#1 ? w)`? Since birth, the child has resided with the following persons at the following addresses: Name Addresses Dates Morgan Barela and David Lynch 94 Baltimore Ave. Dillsburg, PA 17019 birth-Oct. 2008 Morgan Barela, 24 Blueberry Lane Oct. 08-March 23, 2009 David Lynch, Stacey Lauer, White Haven, PA 18661 Ray Lauer, Stephanie Lauer, Mack Lauer and Ray Lauer, Jr. Morgan Barela 20 Park Street March 24, 2009- Aug. 2009 Deborah Cyr, Joe Cyr, Mt. Holly, PA 17065 Mckenna Cyr and Richard Barela Morgan Barela and David 253 Fairview St Aug. 2009- April 8, 2010 Lynch Moutain Top, PA 18707 Morgan Barela 20 Park Street April 8, 2010- Present Deborah Cyr, Joe Cyr, Mt. Holly, PA 17065 Mckenna Cyr and Richard Barela The Mother of the child is Morgan Barela, who resides at 20 Park Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. She is single. The Father of the child is David Lynch, who resides at 253 Fairview Street, Mountain Top, Luzerne County, Pennsylvania 18707. He is single. 4. The relationship of the Plaintiff to the child is that of natural Mother. The Plaintiff currently resides with the following persons: Name Relationship Jarrett B. Lynch son Deborah Cyr mother Joe Cyr step-father Mckenna Cyr sister Richard Barela brother 5. The relationship of the Defendant to the child is that of natural Father. The Defendant currently resides with the following persons: Name Himself Relationship 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. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child haven 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: Name(s) Address Basis of Claim None 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has undertaken and performed the primary parental responsibilities for the child. b) Plaintiff is best able to provide the care and nurture which the child needs for healthy development. c) A Court Order of custody and structured visitation is desired so that Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her Complaint for primary physical custody of the child. Respectfully submitted, Date: s-/o N--- - -// L Michael J. Whare, quire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff MORGAN BARELA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law DAVID LYNCH, Defendant No. IN CUSTODY VERIFICATION 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. Date:S- 3- /D Bum `;, 0,-a--WA- Morgan Barela, Plaintiff V MORGAN BARELA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 10-2932 CIVIL ACTION LA~' ~ ~~~, DAVID LYNCH - ~ ~' ~ ~?? IN CUSTODY - ,-~ - r ;n Defendant _ - - c3 `>" _ . ,. , ORDER OF COURT _ ._ _- ; ~:-~ ~- c .~ ,. ' `.-i AND NOW this ~` day of July 2010, upon consideration of the attached Cu~ody~~ :: Conciliation Report, it is Ordered and Directed as follows: 1. Leal Custody: The Father, David Lynch, and the Mother, Morgan Barela, shall have shared legal custody of Jarret B. Lynch, born 07/10/2008. The parties shall have an equal right 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 of 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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody of Jarret as the parties may agree. It is understood that Mother shall be flexible in regard to Father's work schedule and consideration shall be made to be liberal as to Father's custodial time between the months of November and February. The parties shall meet approximately half-way between the parents' respective residences for the custody exchanges of the Child. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon to be shared and alternated. 5. Neither party may say or do anything nor permit a third party to do or say 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. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible a$er the emergency is handled. 7. 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 the Court, -~~i?r\UL-- J. Di tribution: ~chael Whare, Esquire ./ISavid Lynch, 253 Fairview Park, Mountain Top, PA, 18707 ~Jbhn J. Mangan, Esquire Ifs/~~ ~''''1 TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day 1St Half From 9 am until 3 m Father Mother Easter Day 2° Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Day From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanks 'vin Da Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12!31 year to control the even/odd determination) Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father MORGAN BARELA, Plaintiff v. DAVID LYNCH, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2932 CNIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jarret B. Lynch 07/10/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 17, 2010 with the following individuals in attendance: The Mother, Morgan Barela, with her counsel, Michael Whare, Esq. The Father, David Lynch, self-represented party 3. The parties agreed to the entry of an Order in the form as attached. `_'-~~ Date John . M an, Esquire Cust dy nciliator