HomeMy WebLinkAbout95-02992
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5. The child resided with the grandmother and the mother
from birth until on or about September 29, 1994, during which
time the grandmother provided much of the child's care.
6. On or about September 29, 1994, the mother called Kim
Romito, a friend, and told her that she planned to leave the
grandmother's residence and never return. Thereafter, the mother
left the grandmother's residence, leaving the child with the
grandmother.
7. since on or about September 29, 1994, the grandmother
has been the sole caretaker of the child.
B. On or about November 10, 1994, the mother called the
child, but neither disclosed her whereabouts nor indicated that
she intended to return.
9. In or around Christmas of 1994, the mother telephoned
the father colleot. The father's phone bill indicates that the
call was placed from Clearwater, Florida.
10. Since on or about November 10, 1994, the mother has not
attempted to contact the child.
11. The grandmother has concerns for the welfare of the
child if custody is not confirmed in her for reasons including
the following:
a. The m~ther has admitted to the grandmother that she has
used illegal drugs while in the company of Bradley L.
Barrick, sr, her boyfriend.
b. To the best of the grandmother's knowledge, the mother
is accompanied by Bradley L. Barrick, sr., for whom a bench
warrant was issued by the Cumberland county Court of Common
Pleas on or about october 14, 1994.
c. The grandmother fears that the mother may return and
attempt to enforce the Order dated July 17, 1987, without
the Court first determining whether the mother is able to
provide a stable environment for the child.
12. It is in the best interest of the child to be in the
grandmother's custody for reasons including the following:
a. The grandmother has cared for the child since birth and
has been the child's sole caretaker since on or about
September 29, 1994, and can continue to provide a stable
environment for the child.
b. The grandmother can continue to provide for the child's
physical and emotional needs including encouraging the
child's attendance in school and church.
13. The father agrees that it is in the best interests of
the child to remain in the grandmother's custody. See the
Consent Agreement attached hereto as Exhibit "B" and incorporated
herein by reference.
14. The mother did not act in the child's best interests by
abandoning the child and contacting the child only once in over
seven months.
WHEREFORE, the plaintiff requests that this court enter an
Order granting the plaintiff physical and legal custody of the
Respectfully submitted,
child subject to periods of visitation with Defendant Jeff Baer
at times mutually agreed upon by the plaintiff and Defendant Jeff
Baer.
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30an carey II
Attorney for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
carlisle, PA 17013
(717) 243-9400
The above-named Plaintiff, connie R. Miller, verifies that
the statements made in the above Petition are true and correct.
Plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa. C.B. 54904, relating to
unsworn falsification to authorities.
Date: </// /'/ " -
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c6nnie R. Millerr Plaintiff
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LAURIE MYERS,
Plaintiff
IN THE COURT OF CQI.mON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1411 CIVIL 198i
v.
JEFF BAER,
Defendant
CUSTODY
ORDER OF CaUR':"
AND NOW, this /7 ti. day of l',L.f ,198i, the attached
Custody Agreement is hereby approved and its terms made an Order
of Court.
By the Court,
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LAURIE MYERS,
Plaintiff
IN THE COURT OF CO~IMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 1411 CIVIL 1987
JEFF BAER,
Defendant
CUSTODY
CUSTODY AND VISITATION AGREEMENT
THIS AGREEMENT made this 16ft, day of -::Nly ,19!17,
between the plaintiff. LAURIE MYERS, and the defendant, JEFF
BAER, concerns the custody of the child: Amanda Nicole Myers.
WHEREAS, plaintiff and defendant desire to enter into an
agreement as to the custody of said child and to have this agreement
made an order of court. Plaintiff and defendant sgree to the
following:
1. Plaintiff shall have primary physical and legal custody
of the child.
2. Defendant shall have the right to reasonable visitation,
including periods of partial custody for purposes of visitation,
in a manner to be mutually agreed upon by the parties.
3. The parties to this agreement intend to be legally
bound and to hsve this agreement entered as an order of court.
The defendant acknowledges that he has been advised that the
Family La~ Clinic represents only the plaintiff in this matte,
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and has not adviscd or represcnted him.
lie hos chosen not to
obtain counsel, despite being odvised of his right to do so.
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ATHERl A:- CHRISTlAt\
Student Attorney
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ROBERT E. RAINS
Supervising Attorney
FAMILY LAW CLINIC
150 South College Street
Carlisle, PA 17013
717/243-8897
CONNIE R. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
LAURIE MYERS AND JEFF BAER,
Defendants
NO. 95-
CIVIL TERM
CUSTODY
COIWEln AGREEMENT
This Agreement is entered on this
day of
1995, by the plaintiff, Connie R. Miller, and the defendant, Jeff
Baer. The plaintiff is represented by Joan Carey of Legal
Services, Inc.; the defendant is unrepresented but is aware of
his right to have an attorney.
The plaintiff, Connie R. Miller, hereinafter referred to as
the grandmother, is the maternal grandmother of Amanda Nicole
Myers, hereinafter referred to as the childr born June 24, 1986.
The defendant, Jeff Baer, hereinafter referred to as the
father, is the natural father of the child.
The defendant, Laurie Myers, hereinafter referred to as the
mother, is the natural mother of the child.
WHEREAS, the child lived with the grandmother and the mother
from birth until on or about September 29, 1994, during which
time the grandmother provided much of the child's care;
WHEREAS, the mother abruptly left the residence on or about
September 29, 1994, leaving the child with the grandmother;
WHEREAS, the grandmother has been the child's sole caretaker
since on or about September 29, 1994;
WHEREAS, the father agrees that it is in the best interests
of the child to remain in the custody of the grandmother;
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CONNIE R. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 1 fi) CIVIL TERM
LAURIE MYERS AND JEFF BAERr
Defendants
CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is connie R. Miller, residing at 428
Fairground Avenuer CarliSle, Cumberland CountYr Pennsylvania
17013.
2. The defendants are Laurie Myers, residing at an address
unknown to the plaintiff, and Jeff Baer, residing at 609B
Apartment 15 Geneva Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3. The plaintiff seeks custody of the following child:
Name
Amanda Nicole Myers
Present Residence
428 Fairground Avenue
Carlisle, PA 17013
Age
8
The child was born out of wedlock.
The child is presently in ths custody of Connie R. Miller,
who resides at 428 Fairground Avenue, carlisle, Pennsylvania.
During the child's lifetime, she has resided with the
following persons and at ~he following addresses:
Name
Plaintiff & Defendant
Address
76 W. Louther Street
Date
Birth - 6/89
6/89 - 9/29/94
Plaintiff & Defendant
Laurie Myers
428 Fairground Avenue
Carlisle, PA 17013
428 Fairground Avenue
Carlisler PA 17013
The mother of the child is Laurie Myers, currently residing
9/29/94 - Present
Plaintiff
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at an address unknown to the plaintiff.
She is single.
The father of the child is Jeff Baer, currently residing at
609B Apartment 15 Geneva Drive, Mechanicsburg, Pennsylvania.
He is single.
4. The relationship of plaintiff to the child is that of
maternal grandmother.
The plaintiff currently is residing with the child.
5. The relationship of Defendant Laurie Myers to the child
is that of mother.
Defendant Laurie Myers currently resides with the following
persons:
Name
Bradley L. Barrick, Sr.
Relationship
Boyfriend
6. The relationship oe Defendant Jeff Baer to the child is
that of father.
Defendant Jeff Baer currently resides alone.
1. The plaintiff has not participated as a party or
Witness, or in another capacitYr in other litigation concerning
the CUstody of the child in this or another court.
8. On July 17, 1981, pursuant to a Custody and Visitation
Agreement, Judge Hoffer of the Cumberland County Court of common
Pleas entered an Ordsr giving Defendant Laurie Myers primary
physical and legal custody of the child subject to reasonable
visitation in Defsndant Jeff Baer. See a copy of the Order
attached hereto as Exhibit "A" and incorporated herein by
reference.
9. The plaintiff has no information of any custody
proceeding concerning the child pending in a court of this
Commonwealth.
10. The 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.
11. The best interest and permanent welfare of the child
will be served by granting the relief requested for reasons
including the following:
a. The plaintiff has cared for the child since birth and
has been the child's only caretaker since on or about
September 29, 1994r whell the mother suddenly left the
household.
b. The mother did not act in the child's best interests by
abruptly abandoning the child, informing neither the
child nor the grandmother of her whereabouts since on
or about Septem~er 29, 1994, and having no contact with
the child except a brief phone call on or about
November lOr 1995, in which the mother refused to
indicate her whereabouts.
c. The grandmother is able to continue to provide a stable
environment for the child and to provide for the
child's physical and emotional needs.
d. The father agreea that it is in the best interests of
the child to remain in the custody of the grandmother.
See Consent Agreement attached hereto as Exhibit "B"
and incorporated herein by reference.
12. Each parent whose parental rights to the child have
not been terminated and the person who has physical custody of
the child have been named as parties to this action.
WHEREFOREr the plaintiff requests this Court to grant
primary physical and legal custody of the child to the plaintiff
subject to periods of visitation with Defendant Jeff Baer at
times mutually agreed upon by the plaintiff and Defendant Jeff
Baer.
Respeotfully submitted,
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~oan carey .
Attorney for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named Plaintiff, connie R. Millerr verifies that
the statements made in the above complaint are true and correct.
Plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa. C.S. 54904, relating to
unsworn falsification to authorities.
Date:
,/,./-/-",
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Connie R. Miller, 'Plaintiff
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CONNIE R. MILLER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- ) '7{.LCIVIL TERM
CUSTODY
LAURIE MYERS AND JEFF BAERr
Defendant
PRM,C IE!LTQ..l'.R.QClill.P _ IN.f.Q1IMtlJ'.AUPEIH.5
To the Prothonotary:
Kindly allowr Connie R. Miller, PlaIntiff, to proceed in
f.Q!'JI\~ Qa\JQ~!'Jf!.
I, Joan Carey, attorney for the party proceeding in forma
pauperisr certify that I believe the party is unable to pay the
cOsts and that I am providing free legal services to the party,
The party's affidavit showing inability to pay the costs of
litigation is attached hereto.
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V___.._.., ~,. ..___.,.____,____
Joan Carey
Attorney for Plai ff
LEGAL SERVICEBr INC.
B Irvine Row
Carlisler PA 17013
(717) 243-9400
CONNIE R, MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBBRLAND COUNTY, PBNNSYLVANIA
v.
NO. 95-
CIVIL TERM
LAURIB HYBRS AND JEFF BABR,
Defendant
CUSTODY
At'E.IDl\YIJ JIU!!1fPOR'LQf_"'pETITIOt!
EOIl Lg,l\V!1 TO rRQ.cIH~p_nLf.Q.!ll1fLPM!PERIS
1. I am the plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs of
prosecutingr defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my
family and associates, to pay the costs of litigation.
3. I represent that the information below relating to my
ability to pay the fees and costs is true and correct.
(a)
Name:
(b)
,_<;Onni!L R L.ltUlu______' __ _,,_ _____
Address I _42!l,f!!irgrollnd,_.Aven!JJL,__ _ __, ,_, _____,
_ <;lIrUI11~,PA___..lIQt;l,__
Social Security Number: 182-iQ-5~;j!l_ _'_'___________,
If you are presently employed, state
Employer: __ NQIHL __ ____ _ ".. __________,__
Address: Nl"'- ,_ ..'_ ,___
(c)
Salary or wages per month: N/A
Type of work: N/A
If you are presently unemployed, state
Date of last employment: 19J1
Salary or wages per month: $553.00
Type of work: SoH eel c;lQthing
Other income within the past twelvo months
Business or profession: None
other self-employment: ll.one_ ------'
Interest: __1I2.ru! ______m_'__ ,-,--,-----
Dividends:. _,.NQn!L---, --' -,---------,-----
Pension and annuities: ,,!iQ.nlL_,____..,,_,___,__________
Social Secur it y benef its: ,...N9ntL__,___,.. _________
Support payments: _,j.2.Q.!LJ1Q......_____
Disability payments:,$HO .OQ/mQL,,____,_, ., ___________
Unemployment compensation and
supplemental benefits : Jio.nl1.__ ,____________
Workman I S compensation: _.JiQntL___,_._______
Public Assistance: __,~Q~.LQ.Q/mQ_L ___ ___
Other:
Jicmlt__,_, _,_
(d) Other contributions to household support
(Wife (Husband) Name: !i'OOI1,,_____,_________________
If your (husband) (wife) is employed, state
Bmployer :___!i.lA___
Salary or wages per month: N/A
Typ~ of work: __111IL__,,__,________,
Contributions from children: N/A
(e) Property owned
Cash: ,..Noll!!,
Checking Account: _Jion.!L__ _,_,___ .
Savings Account:..'5.0Q
Certificates of Deposit: !tQI\...IL________,_,____,___,___
Real Estate (including home): !iQn~
Motor vehicle: Make None
Year
Cost
Amount owed,
Stocks; bonds: None