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Home My WebLink About96-00010 , ; ,i \ !: i ' j , r i ! f . , I , ,. I ! . I " I ' , I ~i C I dl cDl I I -;tJ1 I I ! j 1 , I I I j I I ; , . ~ c a cf) . , ,,..."? 4" w t"' " .' , ( ~ j o - I ...!j! 0-, .) 0, <I I i I RICHARD D. BARNETT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY vs. TAMMY D. BARNETT, Defendant COMPLAINT FOR CUSTODY AND NOW, Plaintiff Richard D. Barnett, by and through his attorney, Edward J. Weintraub, Esquire, files a Complaint For Custody against Defendant Tammy D. Barnett, and in support thereof, avers the following: 1. Defendant is Tammy D. Barnett, Mother, who currently resides at 6046 Edward Drive, Mechanicsburg, Pennsylvania 17055. 2. Plaintiff is Richard D. Barnett, Father, who currently resides at 42 Goldenrod Drive, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: NAME Present Address AGE Stephanie Barnett 6046 Edward Drive 8 Mechani"':burg, PA 17055 Kyle Barnett 6046 Edward Drive 3 Mechanicsburg, PA 17055 Shannon Barnett 6046 Edward Drive 2 Mechanicsburg, PA 17055 4. The children were not born out of wedlock. 5. The children, Stephanie Barnett, born July 16, 1987, Kyle Barnett, born July 3, 1992, and Shannon Barnett, born October 22, 1993, are presently in the custody of Mother, Tammy D. Barnett, who currently resides at 6046 Edward Drive, Mechanicsburg, PA 17055. 6. During the past five (5) years, the children, Stephanie Barnett, born July 16, 1987, Kyle Barnett, born July 3, 1992, and Shannon Barnett, born October 22, 1993, resided with the following persons at the following addresses: Persons AddresEt Date Richard & Tammy Barnett 6046 Edward Dr. 1987 Mechanicsburg, PA Richard & Tammy Barnett 4810 Hikey St. 1988 to 1990 Dover, PA Richard & Tammy Barnett 12 Seabury Lane 1991 to 1994 Downingtown, PA Tammy Barnett 6046 Edward Dr. 8/94 to Present Mechanicsburg, PA 7. The Mother of the children is Tammy D. Barnett, who currently resides at 6046 Edward Drive, Mechanicsburg, PA 17055. 8. The Father of the children is Richard D. Barnett, who currently resides at 42 Goldenrod Drive, Carlisle, PA 17013. 9. The parties are married. 10. The relationship of Defendant to the children is that of Mother. Defendant currently resides with the following person: Person Relationship Mr. and Mrs. Diller Parents 11. The relationship of Plaintiff to the children is that of Father. Plaintiff currently resides with the following persons: Person Relationship NONE 12. Plaintiff and Defendant have 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. 13. Plaintiff and Defendant have no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 14. Plaintiff and Defendant do 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. 15. The best interests and permanent welfare of the children, Stephanie Barnett, born July 16, 1987, Kyle Barnett, born July 3, 1992, and Shannon Barnett, born October 22, 1993, will be served by granting the relief requested, because the Plaintiff Father has been one of the children's primary caretakera. 16. Each parent whose parental rights to the chiluren have not been terminated and the persons who have physical custody of the children have 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 children will be given notice of the pendency of this action and the right to intervene. Name Address Basis of Claim NONE VERIFICATION I, Richard D. Barnett, hereby swear and affirm that the facts contained in the foregoing Complaint For Custody are true and correct and are made subject to the penalties of 18 Pa.C.S.A. Section 4909 relating to unsworn falsification to authorities. Date: 1"'2/+(9) a..(!}), ~ Richard D. Barnett, Plaintiff ~ . . >- In ,... ;-.: ..: ,-~ 1-- ~Q M L~. C, ~- :s '~ /EO :r:: CJ;! ~~- 0-~" ~ I - (:0: u... ...:" \~ (,.-) D>: <) ~L: ~-I .,.;;;_J '* :,.I{n Ci: \" I .~-.. ::.. /,-':".:0 (:: r. ' J: -' ",.') lL ::..:J.. L) '" 1'-: .p c." .., /~ u 'r-, 'Y:3 ~ I'rl "" I\-.{ - ~ 1- '"'6 c:.; ~~' \ i; " ., ~ Cl [;; ~ 6'. wO ~'-s ::-J ..; r 8~ :!: L~ , , ?.- n. ,.,;'.>0 ~~. \;-1 () r- :,','(;; L. --~I _~l>~ "'-0 [15?,:i i-'= .,,'; l.:.Ju. -, -.. Ll. '0 ~ 0 0' U - " --- . RICHARD D. BARNE'IT, : IN THE COURT OF COOMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. 96-10 CIVIL TERM . . . TAMMY D. BARNE'IT , : CIVIL ACTION - LAW Defendant CUSTODY CIUlIlR (F cnm . ( II AND tof, this I, upon consideration of the attached is ordered and directed as follows: day of r I L\ l \ CLY/, 1996, Custody Conciliation Summary Report, it I. The Mother, Tammy D. Barnett, and the Father, Richard D. Barnett, shall have shared legal custody of Stephanie Barnett, born July 16, 1987, Kyle Barnett, born July 3, 1992 and Shannon Barnett, born October 22, 1993. Shared legal custody includes and requires consultation between the parties in making all major decisions affecting the Children's best interests, including the major medical, educational and religious decisions. The Mother agrees to provide to the Father the school calendar, report cards and any other reports provided by the school exclusively to the Mother. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial custody of the Children on alternating weekends fran Friday at 3:30 p.m. until Sunday at 5:30 p.m. Upon providing ten (10) days notice to the Mother, the Father shall have partial custody of the Children on either Tuesday or Wednesday evenings each week from 3:30 p.m. until 7:30 p.m. 4. In addition, the Father shall have partial physical custody of the Children for ten (10) consecutive days during the Sllllll1er vacation upon providing thirty (30) days advanced notice to the Mother. The Father shall schedule his vacation custody period so that it does not interfere with Mother's scheduled holidays. The Father shall also attempt to avoid scheduling vacation custody during the period from July 3rd through July 16th. The Father's swrmer custody period is in addition to and may be scheduled to inmediately follow or precede the Father's regular weekend custody. Vacation custody under this provision shall end at least three (3) days prior to the resumption of the school year. 5. The parties shall share custody of the Children on holidays as follows: A. Thanksgiving - The Thanksgiving holiday shall be divided into Segment A Which begins on the Wednesday before ThanksgiVing at 6:00 p.m. and ends on Thanksgiving Day at 6:00 p.m., and Segment B, which begins on Thanksgiving Day at 6:00 p.m. and ends on the Friday following Thanksgiving at 6:00 p.m. The Father shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. ~ ThR Mother shall have custody of the Children during Segment A in even nllllbered years and during Segment B in odd numbered years. B. Christmas - The Christmas holiday shall be divided into Segment A, which shall begin on Christmas Eve at 12:00 noon and end on Christmas Day at 12:00 noon, and Segment B which shall begin on Christmas Day at 12:00 noon and end on Decel1Der 26 at 12:00 noon. The Father shall have custody of the Children during Segment A in odd numbered years and during Segment B in even nllllbered years. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. C. Memorial Day/Labor Day/President's Day - The party who has custody of the Children during the weekend preceding Memorial Day, Labor Day and President's Day shall also have custody of the Children through the Monday holiday until 5:30 p.m. D. Father's Day/Mother's Day - The Father shall have custody of the Children on Father's Day every year and the Mother shall have custody of the Children on Mother's Day of every year. E. Childrens' birthdays - Each parent shall have a fair and reasonable period of custody of each Child on his or her birthday every year. 6. The Children shall have unrestricted telephone access to the non-custodial party at all times. The custodial party shall insure that the non-custodial party has the telephone number and location where the Children can be contacted while in his or her custody. 7. Each party shall provide reasonable prior notice to the other party of any intention to relocate his or her residence. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this Order shall control. BY HE COURT, ., !/J. cc: Kent H. Patterson, Esquire Edward J. Weintraub, Esquire ~<':.t.> ~<C.{ ~)I"J(N., ...!. ,f'. n'r'l C"-',-- ";:..:i . Jf-h'.I;: CF j I: :' i"...' '."':r::'ll'r' % Pi:') /5 fn~: /3 C'LI"L.",,' ".,.. '11".v "j,;,.,.. '-'. '.'........01' IH:il\i~'.II"_tl.,\ c,......., "',1\, ~~ ~I~~ II-< .... ~ =.. ..... i~5~~ II-< ~ ~~ .. ~'~ ~ ~ .... ,.. t .. .... EJ, ..- i~ 5i ,Ii I v;~ ~~ ~~ . ' 'Sa c c:.. ~ i~ ~I !J iii ' :ii f!> I ~. . ~ ' - '3 ~I~~ i ~ .c_ o :: ~ . S 0-.-6 Cl ia J;li I, ,.., .!:: ~ . ,.., ~ ~ Cl ! i!i :i! , .