HomeMy WebLinkAbout05-4215
FRIEDMAN & KING, P.C.
Richard S. Friedman, Esquire
ID#07176
600 N. Second Street
Penthouse Suite
P. O. Box 984
Harrisburg, PA 17108
Tel.: (717) 236-8000/Fax: (717) 236-8080
Attorney for Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. O!; -I/J-tS C(~;L y~
: CIVIL ACTION - LAW
: CUSTODYIVISITATION
ERNEST G. MOPPIN III,
Plaintiff
MICHELLE L. BARRY,
Defendant
COMPLAINT FOR CUSTODY
] . The Plaintiff is Ernest G. Moppin Ill, residing at 446 Shuler Road, Etters, P A
173]9.
2. The Defendant is Michelle L. Barry, residing at 63] Lowther Street, Lernoyne, P A
]7043.
Plaintiff seeks custody ofthe following children:
NAME
PRESENT RESIDENCE AGE
Stephen M. Haas
631 Lowther Street, Lemoyne, P A ] 7043 13
The child was born out of wedlock.
The child, Stephen M. Haas, is presently in the custody of the Defendant.
During the past five (5) years, the child, Stephen M. Haas has resided with the following
persons and at the following addresses:
NAME
RESIDENCE
DATE
Michelle L. Barry and
Jeffrey Haas
631 Lowther Street
Lemoyne, P A 17043
2000 - Present
The mother of the child is Michelle L. Barry, currently residing at 631 Lowther Street,
Lemoyne, PA. She is married to Jeffrey Haas.
The father ofthe child is Ernest G. Moppin Ill, currently residing at 446 Shuler Road,
Etters, P A. He is married to Heather M. Moppin.
3. 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.
4. Plaintiff has no information of a custody proceeding concerning the child pending
in a court of this Commonwealth or any other state.
5. Plaintiff does not know of 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
6. The best interest and permanent welfare of the child will be served by granting the
relief requested because: Mother, Michelle L. Haas, has exhibited inattentive parental skills
which are not conducive to the safety and well-being of the child. Mother is also involved in an
unstable relationship and has inappropriate living conditions for the child, whose bedroom is on
the porch. Mother has indicated she "cannot handle" the child and wants to turn over custody to
Plaintiff. In addition, Plaintiff has been in a stable relationship for more than three years.
Plaintiff also has spent considerable time with the child. Therefore, we request the Court to
grant Custody to the Plaintifl.
7. 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 a party to this action.
WHEREFORE, Plaintiffrequests the Court to grant custody of the children.
Respectfully submitted,
Date:~J...t:d-"/~. j'b'S"'
I
FRIEDMAN & KING, P.C.
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RichardS'. Fn~,~~squire
600 N( Second Street
Penthouse Suite
P.O. Box 984
Harrisburg PA 17108
(7] 7) 236-8000
Attorney for Plaintiff
VERIFICATION
I, Ernest G. Moppin Ill, hereby acknowledges that I am the Plaintiff in the
foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated
therein are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
~M€~ 11~~it
Ernest G. oppm, III
Dated: August 3 , 2005
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(1)
ERNEST G. MOPPIN, III
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
05-4215 CIVIL ACTION LA W
MICHELLE L. BARRY
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, An2nst 24, 2005
, upon consid,~ration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, September 16,2005 at 1:00 PM
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 the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Melissa P. Greevv. ESQ.
Custody Conciliator
.:Y
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For intonnation 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 (:ourt. 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
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4215 CIVIL TERM
ERNEST G. MOPPIN, III,
v.
CIVIL ACTION - LAW
MICHELLE L. BARRY,
IN CUSTODY
Defendant
OLER, J. ---
ORDER OF COURT
AND NOvv, this ..1..S[l:,day of September, 2005, the Custody Complaint docketed to
05-4215 shall be consolidated with the action previously filed at 97-437 Civil Term and shall
be treated as a Petition for Modification of this Court's prior Order of April 2, 1997.
BY THE COURT:
Dist:
..&ard S. Friedman, Esquire, P.O. Box 984, Harrisburg, PA 17108
)"'chelle L. Barry, 631 Lowther Street, Lemoyne, PA 17043
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