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Home My WebLink About05-4130 AMY S, GRAYBILL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW NORVELL LEE BARTOW, SR., Defendant : NO. OS - 412() : IN CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY L Plaintiff is Amy S, Graybill, an adult individual currently residing at 335 West Perry Street, Enola, Cumberland County, Pennsylvania, 2, Defendant is Norvell Lee Bartow, Sr" AK-9467, an adult individual currently incarcerated at SCI-Dallas, 1000 Follies Road, Dallas, Pennsylvania, 3. The parties are the natural parents of two (2) children, namely, Norvell Lee Bartow, If. and Abria Sierra Bartow, born September 28, 2001. The children were born out of wedlock. 4, For the past five (5) years, or since the childrens' birth, the children have resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Amy S. Graybill W, Perry Street 1/04 to Enola, P A Present Amy S, Graybill W, Perry Street 2/04-1/05 Norvell Bartow, Sf. Enola, P A NAME ADDRESS DATES Amy S, Graybill 528 Dunkle Street Harrisburg, P A 7/02-1/04 Amy S Graybill Wakefield Road Harrisburg, PA 2/02-7/02 Amy S. Graybill Norvell Bartow, Sr. Wakefield Road Harrisburg, P A DOB-2/02 The natural mother of the children is Amy S, Graybill who resides as aforesaid, She is single, The natural father of the children is Norvell Bartow, Sr. who resides as aforesaid, He is single. 5, The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides alone with the children, 6. The relationship of the Defendant to the children is that of natural father. Defendant currently resides with other inmates at the State Correctional Institution. 7, Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. 8, Plaintiff has no information of any custody proceedings concellllng the children pending in any Court of this Commonwealth. 9, It is in the best interest and pellllanent welfare of the children to grant the relief requested because: a, Plaintiff has been and continues to be the primary custodian for the parties' children from the time of their birth through present; b. Plaintiff is capable of providing for and meeting the routine day-to-day care and needs of the children; c. Plaintiff can provide a stable home life for the children; d, Defendant has shown an inability to provide for the financial, physical, or emotional needs of the children; e, Defendant is unable to care for the children due to his incarceration; and f Defendant has an extensive criminal history involving serious criminal offenses. 10, Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. 11. Plaintiff attempted to resolve this matter by sending a Custody Stipulation and Agreement to Defendant however, Defendant has not responded to Plaintiff's repeated attempts to amicably resolve this matter. 12. Plaintiff is concerned about the childrens' well-being and what could occur when and if the Defendant is release from prison anytime in the near future, WHEREFORE, Plaintiff respectfully requests Your Honorable Court to schedule a Custody Conciliation Conference followed by a hearing at which time she should be granted primary physical and legal custody the children, Respectfully submitted, I , . '- 17110 VERIFICATION I verifY that the statements made in the foregoing document are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904, relating to unsworn falsifications to authorities, DATE ~/()ItJ.J aJ~ AMY S, YB, Plaintiff 7CJ r:J -w.. TfL ---... tL ---... ...... "-- V) C> G ~ ~~ S -t:: ~ -l b -C::. ~ po: ~~ c-:' .r: '.....;") _elK: ~ -- '(l'J:: f'-' ~:~(J g --<:I \,;~ ?~. _;I"C :\ ~:;)" , .~ ':;::'\ ----L c': " "J}S ~.. CJ ....:;. ~, -' - AMY S. GRAYBILL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-4130 CIVIL ACTION LAW NORVELL LEE BARTOW, SR, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, Augusl18, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJManlove's,1901 State St., Camp Hill, PA 17011 on Friday, September 09, 2005 at 9:00 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. All children age five or older may also be present at the conference, 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 tbe conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevv, Esq. Custody Conciliator /d{1 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 HA VE 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 ] 7013 Telephone (717) 249-3166 ~,~ ?-I'W'~'V/I ~ 50' E;('.;B . h ~ "f7>~I1'/ ~Zt, .50, ~..g, ~b ~ ~ ~ ~~ ~ .5t?l'e.,$ ~ AJJ!ncy-' i~";~ ":(,:]V'JrJ:J SO: '1 !ld SZ ~n'~ SOUZ AtJViONOiU.ocd 3111 :JO - 3~1:!:iO-CBll:l AMY S. GRAYBILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW NORVELL LEE BARTOW, SR, Defendant NO, 05-4130 CIVlL TERM : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this ~ \ ~ of August, 2005, comes Wendy J. F, Grella, Esquire, counsel of record for Plaintiff, Amy S, Graybill, and states that a copy of a Complaint for Custody and the Order of Court dated August 18, 2005, was forwarded to Norvell Lee Bartow, Sr, at AK-9467, SCI-Dallas, 1000 Follies Road, Dallas, Pennsylvania, 18612, by certified mail, restricted delivery, return receipt requested, A copy of said receipt is attached hereto indicating that service was made on August 30, 2005, ~ ~ Wendy 1. F, Grella, E Attorney for Plainti 3618 N. 6th Street P,O, Box 5292 Harrisburg, PA 17110 (717) 234-600 I lr .., .lI I'- .., I'- fT1 ru U.S. Postal Service CERTIFIED MAIL" RECEIPT (Domestic Mati Only; No Insura!J.~~ Co_verage Prov;d~d) . " . . D~~iil:1 C I A L USE: IJ1 CJ CJ CJ Return Reclept Fee (Endorsement Required) C Restrk:Ied Delivery Fee ...n (Endorsement Required) r'I r'I 0112 . .1~' ~~\ ([f1~' '~~~s;>\,- l,.~ ~) !(~ " f<''vq ~ ~ :5 ~~:=:nn\::~m~~C:_mm'--n- I'- o~,:'tN":; :::__~_~"J::m,j_~~~~---- Ciii,-state;ziPi4 - -. Postage $ $3.50 Certified Fee $2.30 $1.75 Total Postage & Fees $ $8.15 . Co 1, 2, and 3. Also complete . '" ' Item 41t NlilIlctsd Delivery " deolNd. ... . Print your name and address<on the reverse so that we can return the card to you. . Attach this card to the back of the rnallpleca, or on the front n space parmlts, 1. Article Addressed to: \::)~UJ... ~~\S ~v... - 9l\Ul1- 'SC-~ ~~ ~C\.\.i. O.J) ~ ~O-.!(~ ( I .~.. ~~ 1'j'lg.\L o Agent 0_ ,C, DateofDollvery Exproeo Meil o Return Recoipllor OC,O,O. 4. -trt Delive1y'/ (Extra Fee) 7004 1160 0005 2378 7689 ~-...- ,...........- -- o C 7"- :q6- ,: \ , \ --- '. ...., = = "'" (/) r-q --0 I en o ." 3"" nlp -v IT! 2-::S1: ;~;j~./. ("", ='1 "0 (51"fl 7'"'-\ ~. :'0 -< -0 ::r.: 0) o 0:> jRECEIVED SEP 2 0 'l~n5 I'y Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4130 CIVIL TERM AMY S. GRAYBILL, v. NORVElL LEE BARTOW, SR, CIVIL ACTION - LAW IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this U' rt, day of September, 2005 upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeQal Custody, The Mother, Amy S. Graybill, shall have primary legal custody of the minor children, Norvell Lee Bartow, Jr. and Abria Sierra Bartow, born September 28, 2001, Though not required to consult with Father with regard to issues attendant to legal custody such as health, education and religious upbringing, and Father's incarceration, Mother will, however, keep Father informed about major decisions and developments in these areas, 2, Physical Custody, The Mother, Amy S, Graybill, shall have primary physical custody of the minor children subject to Father's rights of partial custody which shall be arranged by mutual agreement of the parties, 3. This Order is temporary in nature and subject to modification upon proper petition to the Court. Should a petition be filed, the matter will be referred to Custody Conciliation in the ordinary course. 4, matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this BY THE COURT: Disl: wendy J, F, Grella, Esquire, 3618 North Sixth Street, p, 0, Box 5292, Harrisburg, PA 17110 :;:Harvell L Bartow, Sr., AK-9467, Sel-Dallas, 1000 Follies Road, Dallas, PA 18612 ~A7 q, ?\r:r o A..lN:;('(": . ."" i:"(.l;^Jr() S I :8 Hd 92 d3S sanz 'U'IIC' '" lie", -'f" :10 Auv._ 'I\~tjr ...vUC) :i 'U. 3JIJ:!G-0311:l ,- .. . AMY S. GRAYBILL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-4130 CIVIL TERM v, CIVIL ACTION - LAW NORVELL LEE BARTOW, SR, IN CUSTODY Defendant CUSTODY CONCILlA nON 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Norvell Lee Bartow, Jr. September 28, 2001 Mother Abria Sierra Bartow September 28, 2001 Mother 2. Mother filed a Complaint for Custody on August 12, 2005. The Custody Conciliation Conference was scheduled and held on September 9, 2005. Attending the conference were: the Mother, Amy S, Graybill, and her counsel, Wendy J, F. Grella, Esquire. The Father, Norvell Lee Bartow, Sr., did not appear as he is presently incarcerated at SCI-Dallas. 3. Service of Process: Mother's counsel presents a copy of a green card indicating certified mail restricted delivery of the Order scheduling the conference to the Defendant on August 30, 2005, 4, Mother's position on custody is as follows: Mother reports that she is and always has been the primary caregiver of the children, Mother says Father is presently on a parole detainer at SCI-Dallas, He has new charges for terroristic threats and simple assault against Mother for which he will be going to Court on October 11, 2005 in Cumberland County, His previous criminal history includes robbery and aggravated assault convictions from Dauphin County, Pennsylvania, Additionally, he was incarcerated two (2) years for DUI in 2002, Mother reports that the Father is a chronic alcoholic. NO. 05-4130 CIVIL TERM Mother seeks primary physical custody and legal custody of the children, She presents a letter dated August 31, 2005 signed by the Defendant in which he indicates that he is unable to attend the hearing and willing to cede temporary custody of the children to Amy Sue Graybill. Father's August 31, 2005 letter also indicates he has no desire to remove the children from the stability of which they have come to love with their Mother. 5, The Conciliator recommends entry of an Order in the form as attached, The recommendation for primary legal custody to the Mother is reflective of communication challenges which would be attendant to having Father fully participate in legal custodial decisions with Mother during his incarceration in the state correctional facility, However, she continues to have an on-going responsibility to keep Father informed with regard to legal custody issues related to the children, q, I~O( Date ~ Melissa Peel Greevy, Esquire Custody Conciliator :258449