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Home My WebLink About05-5431 LU ANN BERRIDGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW CUSTODY (\~, 5Y3 J NO.' CIVIL TERM ROY A. BATES, Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. LU ANN BERRIDGE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : CUSTODY D6/. SOli 3/ : NO. CIVIL TERM ROY A. BATES, Defendant COMPLAINT FOR CUSTODY The plaintiff, Lu Ann Berridge ("Mother"), by her attorneys, the Family Law Clinic, avers the following in support of her complaint for custody: 1. The plaintiff is Lu Ann Berridge (hereinafter "Mother"), residing at 27 Rays Drive, Newville, Cumberland County, Pennsylvania, 17241. 2. The defendant is Roy A. Bates ("Father"), residing at 16 Rays Drive, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Jordan Bates 27 Rays Drive Newville, Cumberland County Pennsylvania, 17241 12120/94 Conner Bates 27 Rays Drive Newville, Cumberland County Pennsylvania, 17241 5/19/98 The children were born out of wedlock. The children are presently in the custody of Mother, who resides at 27 Rays Drive, Newville, Pennsylvania, 17241, Cumberland County. During the past five years, the children have resided with the following persons at the following addresses: Name Address Dates Lu Ann Berridge 27 Rays Drive Newville, P A 17241 June 2004 through Present (Shared Custody) Roy A. Bates 16 Rays Drive Newville, P A 17241 June 2004 through Present (Shared Custody) Lu Ann Berridge and Roy A. Bates 16 Rays Drive Newville, P A 17241 May 2003 through May 2004 Lu Ann Berridge and Roy A. Bates 1950 McClures Gap Road Carlisle, P A 17013 June 2000 through April 2003 The mother of the children is Lu Ann Berridge, currently residing at 27 Rays Drive, Newville, Cumberland County, Pennsylvania, 17241. She is single. The father of the children is Roy A. Bates, currently residing at 16 Rays Drive, Newville, Cumberland County, Pennsylvania, 17241. He is single. 4. The relationship of the plaintiff to the children is that of mother. Mother resides with the following persons: Name Relationship Brianna Berridge Daughter Jordan Bates Son Conner Bates Son 5. The relationship ofthe defendant to the child is that of father. Father currently resides with the following persons: Name Unknown Relationship Girlfriend 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Mother does not know of a person not 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Mother has been the children's primary caretaker since the children's birth. b. Mother is able to provide the children with a home with the moral, emotional and physical surroundings required to adequately meet the children's needs. c. Mother continues to exercise parental duties on behalf of the children and enjoys the love and affection of the children. d. Mother is willing to encourage the children's relationship with their father. 8. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children has been named as parties to this action 9. Mother and Father entered into an Agreement as to Custody on May 5, 2005. The Agreement provides that Mother and Father shall share legal custody of the children, that Mother shall have primary physical custody of the children and that Father shall have periods of partial physical custody of the children. WHEREFORE, Plaintiff requests the Court grant primary physical custody of the children to Plaintiff and enter an Order consistent with the parties' agreement in the form attached hereto. Date: C7,) '1- /0 \ /) '~JL[' /1 ,... , l ' , i / _' i ' _ - - ; .,,) ," U I} il \..., / '< ' '.... /.,-'-1:: -,' ANNE , i C ONALD-FOX LUCY JOHNSTON-WALSH THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 234-2968 , ." 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 r-~\ ~~ I) . (\ . '.-,~ (-'l~h '~I\ild . . .,~ ,','Ii_..." "?f'j .1"--' /-- ~;d' r:? r--~j . . C) ~ ,- -~j -n ;~' _' . I C", :.:;:1 -:'\ ~ co -r] ) - -...J \"""--." t~~ o F-n ,I :.:::1 .../'" i~.;~i~~J /i~';,:'> ,.) C') , .' ---.....t . 'I " --,'., ~:\:' . 'It. ': :1 -.:> :Q LU ANN BERRIDGE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : CUSTODY c'5 - 5/13/ : NO. CIVIL 1 bKM ROY A. BATES, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Lu Ann Berridge, through her attorneys, the Family Law Clinic to proceed in forma pauperis. The Family Law Clinic, attorneys proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. ~ " r", i' ~ ;' . \ //}, I' v~" U 1':' ~:~.... \,.._ r7-..!...l/L,{.' - '_/~<,.j."1\' "- _- RDBER'L Cf 'INS THOMAM. PLACE LUCY JOHNSON-WALSH ANNE MACDONALD-FOX Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ,,~ C~:::} (:,:';) (:-'-~ () -n ,~<--.. .'~ " --. 1'.) C) --n r-:> C":; C:J i",: C:"'-''t 4 ,.. LV ANN BERRIDGE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : CUSTODY C'fJ-.- ,jJ'I31 : NO. CIVIL TERM ROY A. BATES, Defendant CUSTODY AGREEMENT 'J f'~ J0. THIS AGREEMENT, made this 0 day of AI 2005, between Lu Ann Berridge (hereinafter "Mother"), and Roy A. Bates (hereinafter "Father"), concerns the custody of their children, Jordan Bates, born December 20, 1994, and Conner Bates, born May 19, 1998, (hereinafter "children"). Mother and Father desire to enter into an agreement regarding the custody of the children. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every other weekend. Father shall pick up the children at 4:00 p.m. on Friday and return the children to Mother at 3:00 p.m. on Sunday. Additionally, Father shall have periods of partial physical custody for two evenings every week at times mutually agreed upon by the parties. 4. The holiday schedule shall be mutually agreed upon by the parties. 5. Father agrees to sleep the night before he is to take the children to Ohio during his periods of partial physical custody. 6. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. 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. 7. Father understands that the Family Law Clinic represents only Mother's interest in this matter and that he has the right to obtain legal counsel. Father has chosen to proceed in this matter without an attorney. ~. n f7 ,-, // \ a~,-- Ci! ! ~2rf~~~ '~-tu 1\.nn Berridge, Plaintiff d Q i- A-- itnes I ~7i2 /1 f3aL~ ~s, Defundant, Pro Se ~ /d-~/0'5 Date I , ~ 1 J a 1i<JIfJ0r f/c W tness ,-5--8- 0 S~ Date F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Counsel for Plaintiff c, ,....'., ~.:-} C~~-_":') () C_ry -II (-:-) C: c:; -~.," -'-. t.".) - LU ANN BERRIDGE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : CUSTODY Cf)' 5'13( : NO. CIVIL TERM ROY A. BATES, Defendant CUSTODY AGREEMENT THIS AGREEMENT, made this '(St1, day of l1A'1 2005, between Lu Ann Berridge (hereinafter "Mother"), and Roy A. Bates (hereinafter "Father"), concerns the custody of their children, Jordan Bates, born December 20,1994, and Conner Bates, born May 19, 1998, (hereinafter "children"). Mother and Father desire to enter into an agreement regarding the custody of the children. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every other weekend. Father shall pick up the children at 4:00 p.m. on Friday and return the children to Mother at 8:00 p.m. en Sunday. Additionally, Fath!~r shall have periods of partial physical custody for two evenings every week at times mutually agreed upon by the parties. 4. The holiday schedule shall be mutually agreed upon by the parties. 5. Father agrees to sleep the night before he is to take the children to Ohio during his periods of partial physical custody. 6. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 7. Father understands that the Family Law Clinic represents only Mother's interest in this matter and that he has the right to obtain legal counsel. Father has chosen to proceed in this matter without an attorney. -7f2 .;11. f3~ ~tes, Defendant, Pro Se Y!a.'J-!05 Date /I AA' .iJ~ ~. ~ S-8-I?j~-' Date nni er . Smitrovich Certified Legal Intern ~ /. Ii I !t~~tt Thom a Anne acDonald-Fox Staff Attorney' FAMIL y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Counsel for Plaintiff r-:) Cl C?, -T1 ;Jl 9 ':"':{ ..,._'1. 'c- -r'l {d - vi ~:; () r~::J -n <"-->'"'1 t;? ~~',:t -I c-;\ -T\~; )."~. .\.-.,...,;...;,~, ,,;,~'~H~~"._~' '_ ..~, _.,~~ , ::-: \~j:'~~ !.:- ! --- ....1 0' - - ~ ~ . - ,.- LU ANN BERRIDGE, Plaintiff v. ROY A. BATES, Defendant ~\ RECEIVE-Ij OCT 2 4 L005 BY: Mil : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION-LAW : CUSTODY ()j-' Pil( : NO. CIVIL TERM ORDER And now, this Z r' day of ()d?...., , 2005, the attached Agreement is approved and entered as an Order of the Court. 1. '6r;P \fJ ~ p .' !", , . ----~---- - ,_OJ c';; '" ," 'N' -'-'-, ..-........... . ".- ,..-..-- "",.". '\") ..\ ...- ' : ~, .--- '- -