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HomeMy WebLinkAbout96-02856 , , " !, 11 ' l~,~, i 1 t ~ ~ ~ I , ,/ ~ , , 1 ~ \ " .. }- ~ ' , "~'I ,,",1" " { ,Ii , I 01 " ., V I , 1 ~'. L \ " '1 ,. . ~ I I, ,'I ( ~, '" , ., ;' ,i " - :, . ... .') ~ :' ",i ~ \. i' \'\ " DOUGLAS C. STOUP, Plaintiff/Father JAMES H, STOUP and CAROL McCONNELL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 96,2856 - CIVIL TERM CIVIL ACTION - LAW CUSTODY DINA NOTARIANNI BARBUSH, Defendant/Mother CONTEMPT/REOUEST FOR HEARING AND REQUEST FOR TELEPHONE TESTIMONY PETITION I, Petitioner Douglas Stoup (Father) resides at 31950 Y, Paci fie Coast Highway, Malibu, California 90265, 2, Petitioner Carol McConnell (Paternal Grandmother) resides at 6337 Stephen's Crossing, Mechanicsburg, Pennsylvania 17055, 3, Petitioner James Stoup (Paternal Grandfather) resides at 851 Wynnewood Road, Camp Hill, Pennsylvania 17011. 4, Respondent Dina Notarianni Barbush (Mother) resides at 1711 Wyndham Road, Camp Hill, Pennsylvania 17011. 5, The parties are the parents and grandparents of Angelo Notarianni Barbush born on March 24, 1991. 6. Throughout the minor child's life, Mother has continually impeded and hindered Father's visitation with his son, 7, In 1994, Petitioner was forced to retain a Pennsylvania attorney to aid him in obtaining visitation in which the parties stipulated that Father could have supervised visitation of the ehild in the presence of Pate mal Grandfather and Paternal Great-Grandfather, '."1"1 . ]. 9, 20, 8, In 1995, Petitioner was forced to retain a New York attorney to aid him in obtaining visitation afthe child when Respondent moved to New York. In 1996, Petitioner retained a Pennsylvania attorney to aid him in obtaining visitation of his son when Respondent returned to Pennsylvania, Despite nurnerous court orders. Respondent continuously denies paternal grandparents and Father meaningful ..isitation with the minor child, During a hearing on December 16, 1996. the parties reached an agreement conceming grandparenl~ and Father's visitation, This counsel sent numerous proposed stipulations to Mother for her signature which were not executed by Mother, Father gives Mother adequate notice of his visitation, yet Mother repeatedly makes excuses which severely limits his visitation, Paternal Grandmother and Patemal Grandfather repeatedly attempt to exercise visitation with their grandson which is repeatedly denied, Mother either fails to return phone calls or makes excuses, Father was in town for a visit and few weeks ago and he and Paternal Grandparents asked Mother the location of the T-Ball game in which the child was participating because they wanted to attend the game, Mother vehemently opposed their attendance stthe game and therefore Father and Paternal Grandparents did not press the issue with Mother in fear that Mothe.' would put the child in an awkward position, Mother has done everything in her power to discourage visitation between the minor child and his Father and Paternal Grandparents. Mother and Father were supposed to attend a meeting together with the Psychologist, Dr, Riegler. during Father's last visit Mother canceled at the last minute, thus, Father attended alone, 10, II. 12, 13. 14, IS, 16. 17, 18, 19, . ,~'" , ,:I. 21. Mother discourages visitation with Paternal Grandfather and Paternal Grandmother even though Mother originally in 1994 required Father to exercise his visitation with Paternal Grandmother and allowed Paternal Grandfather to babysit the child. 22. Father resides in California and thus it is diftjeult for him to nltend a hearing in light of his past nltempts to resolve these malters. 23, Patemal Grandparents may be unavailable for a hearing as they may be out of state this summer, 24, Pa,R,C,P, Rule 1930,3 allows the use of telephone testimony in all domestic relations malters upon good cause shown, 25, Father and Paternal Grandparents have patiently altempted to resolve these issues, however, Mothcr is unwilling to allow thcm any meaningful visitation, 26, It would be in the child's best interests to have the hearing as soon as possible so that he may have stress-free, meaningful contact with his Father and his Paternal Grandparents, 27, Due to the vexatious and obdurate conduct of Mother, Father and Paternal Grandparents have incurred altorneys' fees and costs, Wherefore Father and Paternal Grandparents respectfully request that this Honorable Court schedule a hearing in this malter as soon as possible, allow the taking of telephone testimony, adjudge Mother in contempt and require Mother to pay Father and Paternal Grandparents reasonable allorneys' fl:es and costs, I, Respectfully submilled, C Date:Co/I~r(11 Emily Long ffma Sup, CI. 10 #66307 105 North Front Street P,O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 H4/1I1 ,4. I' I~ , I' I ~ C:) r:; ('; '/. 'J; ." . ~,~ ':i '''.1 ~r. ;-~! . : ts:J .,.. , .. ... (~ ~j ~h ..,..... ex. . '1) ,'. ........... l''L ..- I:, ~ , fC~'. :~j " " 0. ... el; \:l r- u 0' " " 1 I DOUGLAS C. STOUP V. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I NO. 96-2856 CIVIL TERM I I CIVIL ACTION - LAW DINA NOTARIANNI BARBUSH ORDIR or COURT AND NOW, this 23rd day of JULY, 1997, after review of the petition dated July 3, 1997, the Court sets a hearing for Wednesday, September 3, 1997, at 9100 a,m. in Courtroom * 1. If I find that the mother has refused to execute an agreement which WAS entered into between her and her counsel at the hearing before me on December 16, 1996, I intend to make her pay counsol fees for Douglas C, Stoup and also other costs related to the case. I would a180 ask that a copy of the agreement which mother has refused to sign be produced at the hearing. It is unreasonable to require the father again to come from California to attend a hearing where only partial custody is sought by the father and some periods of partial custody with the patornal grandpar~nts, Pursuant to Pa, R,C.P. 1930.3, I will permit telephone testimony to be taken of the father if he does not wish to attend the hearing. I would ask the paternal grandparents to appear in person since they are county residents. Emily L. Hoffman, Esquire For the Petitioner By the Court, Mark Silliker, Esquire For the Respondent Idd ~..... ""M'-~l~.{. 'i , . , (.I. \ ~ rold E. Sheely, P,J. / ~) 11 ~'f(t;') . A 1', I DOUGL.AS C. STOUP, Plaintiff/Father JAMES H, STOUP and CAROL McCONNELL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 96-28~6 - CIVIL TERM CIVIL ACTION - LAW CUSTODY DINA NOTARIANNI BARBUSH, Defendant/Mother ORDER I AND NOW, this _ day of , 1997, IT IS HEREBY ORDERED AND DECREED: iJ ", a, a hearing is scheduled for the _ day of ,1997, to be held at the I.; Cumberland County Courthouse, Courtroom #1, Carlisle Pennsylvania; b, Father and Paternal Grandparents may participate in the hearing through " ' telephone testimony; J"r ;, ' c. Mother shall pay Father~s and Paternal Grandparents' attorney's fees and costs, '" if By thc Court, HlI1'old E. Sheely, P.J, , \ I,': 1\\ 20, 'U/'II 8, In 1995, Petitioner was forced to retain a New York allorney to aid him in obtaining visitation of the child when Respondent moved to New York. In 1996, Petitioner retained a Pennsylvania attorney to aid him in obtaining visitation of his son when Respondent returned to Pennsylvania, Despite numerous court orders, Respondent continuously denies paternal grandparents and Father meaningful visitation with the minor child, During a hearing on December 16, 1996, the parties reached an agreement concerning grandparents and Father's visitation, This counsel sent numerous proposed stipulations to Mother for her aignature which were not executed by Mother, Father gives Mother adequate notice of his visitation, yet Mother repeatedly makes excuses which severely limits his visitation, Paternal Grandmother and Paternal Grandfather repeatedly allempt to exercise visitation with their grandson whieh is repeatedly denied. Mother either fails to return phone calls or makes excuses, Father was in town for a visit and few weeks ago and he and Paternal Grandparents asked Mother the location of the T -Ball game in which the child was participating because they wanted to allend the game, Mother vehemently opposed their allendance at the game and therefore Father and Paternal Grandparents did not press the issue with Mother in fear that Mother would put the child in an awkward position, Mother has done everything in her power to discourage visitation between the minor child and his Father and Paternal Grandparents. Mother and Father were supposed to attend a meeting together with the Psychologist. Dr, Riegler, during Father's last visit. Mother canceled at the last minute, thus, Father allended alone, 9, 10, II. 12, 13, 14. 15, 16, 17, 18, 19, ,.1, Emily Long Hoffman .~ .4n...,...t.. ." ~Ul 105 Nonh Front Slreet - . P,Q. 000 11415 H.rrlSbu'M, PA 17106,1475 0/1 ",'l/ (717)2Jl.1I12 F..: (717)2.14,22J4 ~ mail: hofllnlll1el/llep...net Lawrence Welker, Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 , '\'. "),t '"1,, -... i" ~ ;i~'i'~/;:." if" ~., i , " ",;!ot . \..k, ~,~. }""",., .' 1"',(llll,. \~~~l '1,11, '~,!I' 113' . "' ,')\ .,..' July J, 1997 Stoup v, Stoup Re: 96-2856 Dear Mr, Welker: Enclosed for tiling please find a petition requesting a hearing and envelopes, Mr, Richard Pearce and I discussed this petition and he advised me to revise the petition that [ previously tiled on June 18, 1997 and include a letter to ,-,dIJ.1DIftW dlrectly to 1_ Shee' instead of scheduling it for a conciliation conference, Please call if you have any questions, v-(~ f-" M Emily Long Hoffman Enclosures cc: Mark Silliker, Esquire " " , , '>-. G L't; u; oll. ,- /... " ~ji .~ f.u ~_:. - I.:"J l.. ~ . , ::~ (', '- .' LJ.~ ::1 ;,.,,. ~ C (.)f- , '. ~,< r~. ~;,'::-;:? flj'", ~-! (, t..:. j, 'J J'I", .. "" , I.. ~- ,'.. (' L.:.~ '-It '" d "i <"-' (}) PYS510 Cumberland County prothonotary's Ottice Page Civil Case Inquiry 1996-02856 STOUP DOUGLAS C ET AL (VS) BARBUSR DINA NOTARIANNI Reteren.:e No.,: Flled"..,.,.: 5/22/19~~ ca3e Type.,.,,: COMPLAINT - CUSTODY Time, '1......: 1~8 Ju gmel'lt:. '1' . . . : .00 Exec;ut on Date 8/08/ Ju ge Ae_ gned: SHEELY HAROLD E PJ Sat/Dis/Gntd.. /0 / Jur~ Trial.". Hi~ er Court 1 H er Court 2 ...................................................**.. ..............**........ General Index Attorney Info PLAINTIFF HOFFMAN EMILY L STOUP DOUGLAS C 3160 MULHOLLAND DRIVE BEVERLY HILLS CA 90210 STOUP JAMES H 851 WYNNE WOOD ROAD CAMP HILL PA 17011 ~CCONNELL CAROL 6337 STEPHEN'S CROSSING MECHANICSBURG PA 17055 BARBUSH DINA NOTARIANNI 510 ALLISON AVENUE MECHANICSBURG PA 17055 1 PLAINTIFF HOFFMAN EMILY L PLAINTIFF HOFFMAN EMILY L DEFENDANT SILLIKER MARK T ......**........................................................................ * Date Entries * .....................................................................**......**. 85/22/96 COMPLAINT - CUSTODY 5/24/96 ORDER OF COURT - DATED 5/23/96 - IN RE COMPLAINT FOR CUSTODY - PREHEARING CUSTODY CONFERENCE 6/27/96 9100 AM @ 302 S 18TH ST CAMP HILL - BY MICHAEL L BANGS ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES MAILED 5/24/96 07/11/96 CUSTODY CONCILIATION 50NFERENCE SUMMARY REPORT AND ORDER - DATED 7/11/96 - HEARI,G 8/2 96 1:00 PM CR 1 - BY HAROLD E SHEELY PJ - NOTICE MAILED 7 11/96 88/06/96 PETITION FOR SP CIAL RELIEF 0/12/96 ORDER - DATED 8/12/96 - IN RE PETITION FOR SPECIAL RELIEF - CUSTODY HEARING ~0/18/96 9:30 AM CR 1 - BY HAROLD E SHEELY PJ - NOTICE MAILED 8 12/96 CERTIFIC TE OF SERVICE PETITION FOR SPE5IAL RELIEF ORDER - DATED 10 11/96 - IN RE PETITION FOR SPECIAL RELIEF - CUSTODY HEARING 10/18/96 IS CONTINUED AND SCHEDULED 12/16/96 9 AM CR 1 - BY HAROLD E SHEELY PJ 12/17/96 ORDER OF COURT - DATED 12/16/96 - AGREEMENT REACHED" COUNSEL FOR FATHER SHALL SUBMIT A PROPOSED ORDER TO THE COURT FOR SIGNATURE - BY HAROLD E SHEELY PJ - COPIES MAILED 12/17/96 MARRIAGE SETTLEMENT AGREEMENT AFFIDAVIT OF CONSENT - PLAINTIFF AFFIDAVIT OF CONSENT - DEFENDANT WAIVER OF NOTICE OF INTENTION TO RE~UEST ENTRY OF A DIV DECREE-PLFF WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIV DECREE-DEFT AFFIDAVIT OF NTICE OF COUNSELING - EFENDANT PRAECIPE TO TRANSMIT RECORD CONTEMPT/REQUEST FOR HEARING AND REQUEST FOR TELEPHONE TESTIMONY PETITION 06/25/97 ORDER OF COURT - IN RE CONTEMPT/REQUEST FOR HEARING AND REQUEST FOR T6LEPHONE TESTIMONY PETITION - PREREARING CUSTODY CONFERENCE 7 31/97 10 AM 302 S 18TH ST CAMP HILL - BY MICHAEL L BANGS ESQ C STODY CONCIL ITOR - NOTICE AND COPIES MAILED 6/25/97 07/07/97 REQUEST FOR HEARING AND REQUEST FOR TELEPHONE TESTIMONY PETITION ............,.................**....,..................*............*............ * Escrow Information * * Fees' Debits Bea Bal Pvmts/Ad1 End Bal * ....*....*..***.***w**.......*........*..*.*..*.,......*******.**.....*****..... 08/13/96 lS~H~U ~5/23/97 o~~B~B~ 8~~B~B~ 8~~~~a~ 06/18/97 COMPLAINT TAX ON CMPLT SETTLEMENT JCP FF.E 35:gS ~:S8 35,08 .5 ~:88 J~ 45.50 45.50 .00 ........***.**..................................***..*............*............. -----------------.------- ------------ I' " " , ., ~ CO') '- II". ~ .. )o<f. , cr. ,Jz -- .J:;,' ..I.. "\:~ " ". [-. :~ f~' ,:"} - ).i ~, tr. ',\1 -, l'I' ;iJ: '~ '6 ,0 ~ , ' , ' " DOUGLAS C. STOUP, PlainliWFalhcr JAMES H, STOUP and CAROL McCONNELL, Plainlills IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 1)6-21156 - CIVIL TERM CIVIL ACTION - LAW CUSTODY DINA NOTARIANNI BARBUSH, Defendant/Mother : . _ \ \ ORDER , ,.' AND NOW, this ~'-___ day of -A.~~, 1996, it is hereby ORDERED and DECREED that a custody hearing be scheduled for the 18th day of October, 1996, &t, 9:30 o'clock AM, in Courtroom Number 1 of the Cumberland County Court House, Carlisle, Pennsylvania, The parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony, The parties shall also submit their proposals for a resolution of the matter, In the interim, Douglas C, Stoup shall have partial physical custody of his son, ANGELO NOTARIANNI BARBUSH, during the following times: a. From 9:00 a,m, to 8:00 p,m. on August 23, 24 and 25, 1996; b. From 1:00 p,m, to 7:00 p,m, on Monday August 26, 1996, unless the child is attending afternoon Kindergarden in which case Douglas C. Stoup shall have custody of the child from 4:00 to 8:00 p,m,; " c, Douglas C, Stoup shall retrive the child from Mother's home and shall return the child to Mother's home'b~~lu.,;Ji-:, . /__ Lt - I / -- - - II ro d E, Sheely, J, . FILm-OFFICI: or. ;-1 '17 !' 'r'n '()\!0TARY YG '//1', I 'J r'/ ') ~7 OJ <; t IiI .~, ClJ~1b"l\.., ;".LMY , PliNNSi'LVAN/A , , DOUGLAS C. STOUP, JAMES H, STOUP and CAROL McCONNELL, Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO, 96-2856 CIVIL TERM v, :CIVIL ACTION - LW DlNA NOTARIANNI BARBUSH, Defendant :CHlLD CUSTODY pETlrION FOR SPECJAL RELIEF AND NOW, comes Plaintiff, Douglas C. Stoup, by and through his attorneys, Mette, Evans & Woodside, and in support of his Petition for Special Relief avers as follows: 1. Plaintifl" Douglas C, Stoup resides at 27944 Pacific Coast Highway, Malibu, California 90265, 2, Defendant Dina Notarianni Barbush resides at 1711 Wyndham Road, Camp Hill, Pennsylvania 17011. 3. The parties are the parents of Angelo Notarianni Barbush born on March 24, 1991. 4, A Conciliation Conference was held in Attorney Michael Bangs' office on June 27, 1996, at which time no issues were resolved, 5. The Honorable Harold E, Sheely, President Judge, ordered that a hearing be scheduled for August 2, 1996 at 1:00 p,m. Please see Order, Conciliation Summary Report and New York Custody Order attached hereto and incorporated herein as Exhibit "A", , 6, Defendant mentioned to Plaintiffs counsel that she would not be able I , .', to make the hearing whereupon Plaintifl's counsel, on or about July 17th, advised I I Defendant to contact the Judge's chambers in order to inform them that she would not be available on that date, 7, On or about, July 23, 1996, Plaintiff's counsel received a telephone call from Attorney Weintraub, who had met with Defendant in an effort to resolve this matter although she did not officially retain him, 8, Plaintiffs counsel represented to Defendant's counsel that he would review a Stipulation postponing the hearing with Defendant which allowed Plaintiff to see his child prior to the October hearing with which he had no problem. 9, Plaintiffs counsel provided a proposed Stipulation to Defendant's counsel which is attached hereto as Exhibit "8" and incorporated herein. 10, Defendant never did retain Attorney Weintraub and therefore left on vacation on August 2nd without executing the Stipulation, 1 L Plaintiff desires to see his son prior to the October hearing as he has not. seen him since April and has arranged his schedule to be available August 22nd through 27th, 12, Plaintiff must make airline reservations so that he may come in to see his son. 13, It is believed that Plaintiff will not allow Defendant to see his child without this Honorable Court's Order, 14, Defendant is on vacation until August 12, 15, Plaintiff needs time to make travel arrangements, .2. WHEREFORE, Plaintiff respectfully request this Honorable Court grant him the visitation as requested in the attached Stipulation. Respectfully submitted, METTE, EVANS & WOODSIDE (': i j Emily Long 0 n, squire Supreme Court I.D.# 66307 3401 North l<"ront Street Post, Office Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 'I ',I Attorney tor Plaintiff I:' ~ I, I !'i ",', " ,', 1\:; '. , 'I Iii , .3. " ~11 "~'I'. ,..~L .." ", .~ ", tr" ('t) " ;'1"'..11' ,:) , ~'It: I f4' d !~lt'll "'1' I i~ ~" , l' 1'1'1 ' 1,'1 ;t, I, :'1\,,1 " (J ,l', ,1', :1' , ffj(\'H r~~ ;'j': '~. I ~ ,: "1' <',::,1' ,,!:i\ ,'.!,.II if.),;fl '\1'<,:',\. ' ,,~ r:. I 1CI,.:k i'l It.;, , l~;' ,~:. I "t ;/.( " " , " , , ,.1, .' , , '" )~ li"!i"l' h"..'il 'II..U ~1'1'11 ",: !' .ri'.'" ,l;I\'t' 'I f j:~ r I;:;:' 1,111" '1'," m.!:;:;. t:;: Li)~)i ~~,\\ ~;.i ':;'\: ((\lit i:! ~,; ',!, r:;:\ ~:l: ,I I't'l' f"\' / ','j' \, ;. 'I' , l}''I 1" il','\ ,/ tf :,,\" f',I, ! Ill, f,' " ' , ' . , , ,I" , , ,1.\ " , ,.,. '''~ij""""\,,,'\i,.,.''''..,J'':'..' ....... . ,........ . ,... ' , .1 ' . ~'-'jlL.t,ft"".tHh'Ft!;llifii~41mt~lltl.iW--i#fiIW~"-"f<'-~"'.1 , ".,,1 .., ~ .. ,.1, , ,,' 11#\ :, :)1 ri,j' ,Ii .\'\ Ii , ~ j: ,'II,' IlItIIbIt A ", " ..~ \ )', i,':\' 'i""1 , , . ; ~ '" " I \ I , , , ".' .............--.---. DOUGLAS C. STOUP, JAMES H, STOUP and CAROL McCONI-JELL, Plaintiffs ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96.2856 CIVIL TERM vs, CIVil ACTION. LAW DINA NOTARIANNI BARBUSH, Defendant CHilD CUSTODY ORDER AND NOW, this lO,lH day of. ,'Tl.JL) , 1996, upon receipt of the Conciliator's Report, it appearing the parties could not reach an agreement at the conciliation conference held in this matter, it is ordered that a hearing be scheduled for the ~d day of _ Qu..~ Lt.~-l , 1996, at l',oc:> o'clock ~,M., in Court Room Number --L- of tha Cumberland County Court House, Carlisle, Pennsylvania. The parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony, Additionally, the parties will submit their proposal for a resolution of the matter, BY THE COURT, \ I,... 1,1 A,I. /::i /tUf\~ l J, Sh~~ Emily Hoffman, Esquire Attorney for Plaintiffs Mrs. Dina Notarianni Barbush, pro se T:-?UE COPY FROM RECORD '.., . '" "'-"'-'/ ..;~ . I I' . ., ,', ". . ,J I "r:"-::", ;"..~: ~;rl,~;':::~rryli,~"ri:1 r,,":' :',lj ,;:;~l 'i ~,'.'~I C\:','; ". ~ :;~;,;;:,;,,:, ,'-.(.. 'I'.,~"_I H~ ="t)~1 ~.._. 10 qlto l '''n.. 0'1 ~I..\Y\('''" I..:J L Prothonotary 'f? . mlb ~.."_..... " --,-.. DOUGLAS C. STOUP, ) IN THE COURT OF COMMON PLEAS JAMES H, STOUP and ) OF CUMBERLAND COUNTY, CAROL McCONNELL, ) PENNSYLVANIA Plaintiffs ) ) NO, 96-2856 CIVIL TERM vs, ) ) CIVIL ACTION. LAW DINA NOTARIANNI BARBUSH, ) Defendant ) CHILD CUSTODY JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E, Sheely, President Judga CUSTODY CONCILIATION CONFERENCE SUMMARY REPQBI IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3.8(b), the undersigned Custody Conciliator submitll the following report: 1, The pertinent information concerning the chlld(ren) who Is(are) the subject of this litigation is as follows: NAME .IllB.THDA TE CURRENTLY IN CUSTODY OF Angelo Notarianni Barbush 24 March 1991 Defendant 2, A Conciliation Conference was held on 27 June 1996, and the following individuals were present: the Plaintiff end their attorney, Emily Hoffman, Esquire. The Defendant appeared pro se, 3, Items resolved by agreement: None 4. Issues yet to be resolved: An ultimate cUlltody schedule. 1 8. Need for Independent psychologicel evaluation or counseling: The psychologlcel evaluation would be helpful. but both parties did not raise it or request It. 9. A hearing in this matter is expected to take one day, 10, Other matters and comments: This is a case that has been litigated In two states, The parties entered a Stipulated Order in August, 1994, a copy of which Is attached (Plaintiff's counsel did not have this information prior to filing the Complaint), The parties then litigated the custody issue in New York State which subsequently entered an order in January. 1996. a copy of which Is attached hereto, Father Ir,dlcated that the Mother did not comply with the order and did not allow him to have the time scheduled in the order, The Father petitioned for a more specific schedule find requested that he be permitted a total of five weeks over the course of the year, The Mother interpreted the order differently than the Father, and also determined that the child was not reacting well to the visitation, She also maintains that the Father has not complied with the order either, This is a case whereby the parties do not get along at all, They have litigated the matter in New York but because of the open-ended nature of the ord!lr in New York, the order was completely ineffective. Mother relocated to Pennsylvania and it is necessary that a very well-defined specific schedule be put in 3 . ',' .,' " '.: -", \ . , . . " . . ".,..: ' .',! . . .', , -- wuu. . CoucH ..c. -.... ; . . " :.' ,'. "'. '. ," '. '.. t " :.' "'. ";<" ~ .'" '., ." I . ' ....,' ,,,.,>. .,~ ,.<~~,.""..,.,..".:"..~., ';" . :,...,'."'.,,.' . ~:.' .' I :.,", . . ". . '. " '. . aIDER OF VISlI'A1m ' " PRESENf: HON. HARRY W.SEIBERT, Ir. Aaing Family Court loose STATE OF NEW YORK FAMlL Y OOURT COUNTY OF SARATOGA . , . DOlJ<3LAS C. STOUP, Petitioner, .COPV -against. Docket No. V-.i/I.3-qt>...... Fi~e No. 9285 . i I I DINA NOTARIANNI BARBUSH, RtBpoodtnL Petitioner, OOUGLAS~. STOUP, having brought this matter by Order to Show i: Cause dated April 7, 1995, ane! Petition for Modification of an Order Made by Another , ' , Court, verified the 30th day ofMarcl1, 1995,.~ ~ Rcspomlent,DINA ~OT~ , ',". t' t.. . ::.. ',~' ,', ' : .' ':' ;.. . ~. . ~.' II', , ." .," .'. " . aAReUSH, having ~mitted an Answer, Defense and ~.Petition, verified ~e 15th day of Iune, 1995 and Affidavit, sworn to on the 15dl day of Iune, 1995 and said matters having regularly come to be heard, aod Petitioner being pmialt and represented by Peter '. . ~ C, Sippcz:ly, Esq" .~d ~ being ,..- and ~ by BIUlAKElL & COUCH " P.c., Teresa G. DoMcllan &q" and the c:hild Qcing represented by. Melody Edwardsen Phillips. &q" Law Guardian, and due deliberation having been had th~ , . NO\v, upon Stipulation of the psitics, it is hereby ORDERED, that Petitioner.f'al.hcr. shall have visitation with the minor child, Anselo Notarianni, dO.b, March 24, 1991, in inaemenlS ofthrcc months, fora minimum .' ,t . .~. I . . . " . . . . ~ ; . ',',I ;: ". . '. -. : I ' ~ . .' .' , ,. . , " '. ' ~, 1 ,:,.a, ',' , a., . ,. '.., . I '. , ~ .. , " , \', ... ,WICIIJ. lie Couc:H ',Co -.... Ao-' . . of three days. The next two scbcduIed visitation periods should oocur In the months of Dcc:anbc:r, 1995 and March, 1996, fiom 10:00 Lm until 6:00 p.m. Subsclquent to the PetitiOner-father e:xa'Cising visitation in Dec:ernb<<, 1995 BrK! March, 1996, the Petitioner- father shall have visitation in June, 1996 BIld Sqltcmba', 1996 from 9:00 Lm. until 9:00 p,m.; it is flD1btr... ORDERFD, that subsequa1t to the Petitioner-father exercising visitation as stated , ", I. above, the Petitioner. fathers visitation shall be ina'eased in December, 1996 to include one ovemiWtt visit Subsequent to the Petitioner. father exercising visitation in December, 1996, the Petitioner-father shall have visitation in March, 1997 which shall include two overnight periods, Subsequent to the Petitioner.fa1her c:xacising visitation in March, 1997, the Petitioner-father shall have visitation in JWlC, 1997 which shall include three I , i I overnight periods; and it is further II ORDERED, that subsequent to the Petitioner.flllhcr exercising visitation as stated I above, and the minor child has obtained the age of seven years, the Petitioner- fillher shall have visitation for a period of one week, coosccutive days BIld nights, at his home in , , California. S~ to the Petiti~.father exm:ising' Visitation for the one week period, and the minor child has obtained the age of eight years, the Petitioncr-falher shall have visitation for a period of two-wed<s, coosccutive days BIld nights, at his home in California; and it is further ORDERFD, that subsequent to the Petitioner.father exercising his twc>week period visitation, the Petitioner. fat/!<< shall continue to have visitation for.a period of two-wceks during the swnmer months. In addition, the Petitioner.father shall have visitation for one ,I 2 " . . . ... w.... . lk Couat roC. -... , '. 4 week during the minor child's second semrster school rec:ess, if said rei:ms ia not one ~ long the Petitioner.filIher's visitatiol'l shall not interfere with the minor auld's , " . ech ntion 8I'Id will last only for the duration of the sch901 rcc:as. The Petitioner-l1lOtha' , shaU provide theR~polldent.father at leau thirty (30) days notice of the specific times , , and dales of the school rc:a.ss; and it ia flIrthcr' , ,", . ORDERED, that the Petitioner-father shall P.'ovide the Raspondcnt.rnochet with I Ii !i 'I II ,I Ii I' I I I , . thirty (30) days written notification for all visitation periods; The Petitioner.father shall provide all tnnsportation for said visitation periods; and it ia fuIthcI' ORDERED, that the Petitioner.father shall provide his address, telephone nunbel' I end p/K<o_ 'of lib - '" "-""'"'"""""" prior '" the """""'" of..;" 'I by the minor child at the Petitioner.fathcr's residence; and it, i., further ., ORDERED, that the Petitioner.father shall have reasonable, ~gu1ar telephone access with the minor child; and it is furthtr > ' " I , , 'ir I: ,I ! ORDERED, that the Petitioner.fi1thcr shall continue to pey to the Respondent- rmtha'the sum of Two Hundred Fifty ($250,00) per month Wi and for the support of the ri1inor child The Petitioner.fiIlhcr.shall Continue to provide health insurance on bd1aIf of the minor child and shall continue to pey any and all WlOOvcrcd medical and dental expmses incurred on bd18If of the minor child; and it is tiJrtha' ORDERED, that in the event that the minor d1ild shaUattend private schoo~ the Petitioner.father shall pey one half the ClOSt' of tuition for such school; 8I'Id it ia furthtr ORDERED, that the Petitioner.f'athcr shall continue to maintain his current life insurance policy which has the minor child named as the beneficiary, The Petitioner- . 3 . I I I I I I ...'. 6. 1110 Defendant, Douala C. Stoup qreca that he will not depart fi'om the Commonwealth ofPonnsylvanla with the child. 7. 1110 parties acknowlodae that they shallrenclotiate this Stipulation upon the minor child Ittainina the aae of six years. t:.~~- ./ Keith B. DeAnnond, Esquire Attorney for Plaintiff . es L. Walsh, ~ulre for Def~ncllnt . Date: Va-- -r. f?ly , . " . I , ~; ,', , " . t ,"~, ".' ". ..... ' ., , , " " , , ,., . , , 1,1 , , " . " '. '. , t', . ..' , .. ','. .. ,', , , ' 2 ' , ' ,', , ;'.' , ' .,'..: ~" , " '. I " . .., U~It."'I~' ~"t,.,. III" ",,,-"" (t) , II tl , ,'It Irl "1'1 \Ii' i~.\, ,; i,'I 1:1 " , , \ i , I ,\ " , , " II: , ' ",\ II I' , ' i' ',' ;1 \ , '" l , , , 11 J:I, , ,',I " " ,., , , " \ , , . .l.f 1,"lr'\': /.';.;(I.\'l,il' 'Un1'li,"lo"'YM1~tIWW I It.-, ExhIbIt B " , 1.1 " ,., b, l<'rom 2:00 p,m, to 7:00 p.m. on Monday August 26, 1996, unless this conflicts with the child's school schedule in which case Father shall have the child from 4:00 to 7:00 p,m,j 4, Father shall provide transportation for the visitation and Mother shall bring the child to Father's car in front of Mother's home and retrieve the child from Father's car at Mother's home. 5. The parties shall meet with their legal counsel on Monday, Auguat 26, 1996, at 9:00 a,m. at Mette, Evans and Woodside for a conference in an IJffort to resolve the custody issues, Should the child's first day of school be on August 26, 1996 the four party conference shall be on July 23, 1996 at 9:00 a,m. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written, Witness Douglas C. Stoup Witness Dina Notarianni Barbush ,.--...-. ..-,-......-. ,~ ~~ - rl .. - ~ ..., .... Oi' \'" N 7' .' ~;~~ t ,. ..... ,., ". :1 ;r: i J ' ~.. r.l.. ("\~ ( .. {? ~- , \D " \ I,~ CI.. ':,~ ~ re\'.' ~.f.. , ) ..-" . ,.." .... (1 ~ " ..') () ,;'; l' 'F 'I ~ 1 ! it~i ~ .c ~ ~ ~ ~ III! ~ ~": 0: ~ < I I ! J: ( 'I " , ' '" , , " , ~ . ,;. :"IIl'lT n.:, ":'\".'N1i4 A '''.U4IIIMIIUI': . . ~ry\ AUG 0 7 I~ . ", /1 .. /'ctl~NI!VI'I AT ~AW H....,1n'.III..rIl.l l'r"I,.tj'!YLv.\rHA '7'1().09~:'I0 !' , I'.,. !"9'1,) " II, 6: 0, '- ~~ .., '-..; ~~~' -" t/,,:"!: ~tt . ~" :r;~ j~ ~r "- ...~ -}/; ,,,J .- '>., ~.. ,-,;~ I..i.....,. ". 6 I' -'; \.lQ.. , " '3 , CJ (1) ,":,', (,) ."'- DOUGLAS C. STOUP, JAMES H, STOUP and CAROL McCONNELL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-2866 CIVIL TERM vs, CIVIL ACTION. LAW DINA NOTARIANNI BARBUSH, Defendant CHILD CUSTODY JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E, Sheely, President Judge CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1916,3.S(b), the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the chi/d(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Angelo Notarianni Barbush 24 March 1991 Defendant 2, A Conciliation Conference was held on 27 June 1996, end the following individuals were present: the Plaintiff and their attorney, Emily Hoffman, Esquire. The Defendant appeared pro se, 3. Items resolved by agreement: None 4, Issues yet to be resolved: An ultimate custody schedule. 1 6. The Plaintiff's position on custody Is as follows; Thf) Plaintiff Douglas Stoup, natural father, lives in California and wants to have a schadule which would allow him to have five weeks of visitation spread out through the course of the year. The weeks would not be consecutive at this time, Given the age of the child, the Father would agree that the visitations occur in Ponnsylvanla for the time being, but that eventually within the next two years, that they occur outslda of the state, The Plaintiffs James H, Stoup and Carol McConnell, who are the paternal grandparents of the child, ere requesting contact with the child for sevaral hours one day a month. 6, The Defendant's position on custody is as follows; The Defendant would not provide a specific proposal to settle the case. She did Indicate that she would be In agreement to the grandparents have tha visitation as requested provided that they did not take the child out of Pennsylvania. When asked for a specific schedule, she Indicated that she wanted to monitor how her child did on the contacts and then determine what type of contact would be appropriate with the Father. 7. Need for separate counsel to represent child: None requested, 2 8, Need for independent psychological evaluation or counseling: The psychological avaluatlon would ba helpful, but both parties did not ralaa It or request It. 9, A haaring in this matter is expacted to take one day, 10, Other matters and comments: This is a case that has been litigated In two states. The parties entered a Stipulated Order in August, 1994, a copy of which is ettached (Plaintiff's counsel did not have this information prior to filing the Complaint), The parties then Iitigeted the custody issue in New York State which subsequently entered an order In January, 1996, a copy of which is attached hereto, Father Indicated that the Mother did not comply with the order and did not allow him to have the time scheduled in the order, The Father petitioned for a more specific schedule and requested that he be permitted a total of five weeks over the course of the year. The Mother interpreted the order differently than the Father, and also determined that the child was not reacting well to the visitation, She also maintains that the Father has not complied with the order either, This is a case whereby the parties do not get along at all, They have litigated the matter in New York but because of the open-ended nature of the order in New York, the order was completely ineffective, Mother relocated to Pennsylvania and it is necessary that a very well-defined specific schedule be put In 3 placIJ for these parties. On the one hand, the Mother must understand that when the visitation Is to occur, she cannot unilaterally change those times given the fact that the Father Is traveling in from California. On tha othar hend, the Father must provide Mother with advanca notice of the dates and times In which he expects to enter Pennsylvanls to exercise those visitation periods and must follow through " with that order, Absent e specific schedule In this case, the parties will continue to litigate all issues, Date: 1 July 1996 (44,jJ 7 ;{',./J Michael L. Bangs I Custody Conciliator , 4 IW"'.. &Coual..c. -.... "" . of three days. The ne:xltwo lIdTeduIed visitation periods should occur In the months of December, 1995 Ind MIrch, 1996, from 10:00..111. until 6:00 p.m. Subeequa1t to the Pditiana..fiIthcr ~ina visitltionln Decanbc:r, 1995 IIId MIR:b. 1996, the Petitioner- . fiIthcr shall have visitltioo In June, 1996 IIId Sqltanbcr, 1996 &om 9:00 Lrn. until 9:00 p.rn.; . It is f\xthcI' ORDERED, that subeequent to the Petition<<-fiIther exadsina vlsltatloo . stated , above, the Petitioncr-falhcrs visitation shall be increased in Decemba', 1996 to include one overnight visit. Subsequent to the I'ditiOM'-1iIher exercisinB visitation In OcceInbl2', 1996, the Pc:titioncr-falhcr shall have visitation in MardI, 1997 Mdc:h shall include two overnight pmods. Subsequent to the PetitiOlXl-faIhtr extteising visitation In MIl~":, 1997, the Pc:titioncr.falhcr shall have visitation in June, 1997 Mdc:h shall include three Ii ovanighl pmods; and it is further I ORDERED, that subscquc:nt to the Petitioner.father exen:isina visitatioo as stated above, 8Ild the minor child has obtained the age of seven years, the I'ditiOM'-father shall have visitation for a period of one wedc, consecutive days 8Ild niFts, at his home in . , California. ~ to the Petiti9"Cf.filthcI' exa'Cislng' Visitation for the one week period, and the minor child has obtained the age of eight years, the I'ditiOM'-fathcr shall have visitation for a period of two-wecks, consecutive days 8Ild niFts, at his home in California; Ind it is furthrr ORDERED, that subsequaIt to the Petitioner-father cxacislng his two-week period visitation, the Petitioner.falhcr shall continue to have visitatioo for,. period of two-weeb durina the SW1ll1let months, In addition, the Petitioner.father shall have visitation for one 2 . . .. Wll'lll~ Ie CoucH ..c. -... ",' ~,,. .. week durina the minor chilli. IClCOIIlI sen...... sc:hool raas, if said reCess Is not one ~ 1011I the Pdition<<-fidhcr'. visitation shall not intta-&R with the minor chilli. ., . eduaition end will1ast only for the ch.ntion of the schc;x>1 recess. The Pditioner-mothrt shall provide the ~ldcnt.fiIlhcoa' It 1_ thirty (30) days notice of the spcdfic times , end cIIIes of the sc:hool ruess; mil it is t\8thci , ", I , , I: ii I, 'I Ii II , , ORDERFD, that the Petitioner.fiIthcr shall pide the Rapondatt.mothtr with thirty (30) days wrilta1 notification for all visitation periods; The Pctitioner-fathet shall povide all blllSpOltltion for IBid visitation periods; Ind it is ftd1er ORDERED, that the Petitionc:r.fiIthcr shall provide his address, telephone numba' and phOO)~'ofhis residtncc to Rtspondent.mother prior to the occurrencc of visits by the minor child at the Pc:titioner.fathcr's residence; and it, is fUrther ORDERED, that the Petitioner.father shall have raISOIlIIble, regular telephone ICCCllI with the minor child; IIIld it is further " I , , 'j: j: ,I ~ ORDERED, that the Petitioner.father shall continue to pay to the Rapondalt. mother the sum of Two Hwldrc:d Fifty ($250.00) per month as end for the support of the minor child. The Petitioner.fiItM'.shan Qontinue to provide health insurance on bchalf of the minor child and shall continue to pay any IIIld all uncovered medical and dc'IItaI cxpala incumd on behalf of the minor rhi1d; IIIld it Is furtha' ORDERED, that in the event that the minor child shall attt:nd private sd1oo~ the Petitioner.father shall pay one half the cost' of tuition for such school; IIIld it is furtha' ORDERFD, that the Petitioner.father shall continue to maintain his CUITCIIt life insurance policy which has the minor child named as the beneficiary, The Petitioner- . 3 I I I I r I I I . DINA NOTAJUANNJ. Plaladff : IN nIB COURT OF COMMON PLfAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVU. AcnON . LAW : NO. 295 Civil 1994 DOUGLAS C. STOUP, Defendant , ' . : CUSTODY . " S1IPIR.A.TlON 0' co1RiBL nIB PARTIES hereto, by their coWllOI, ItipulltO u CollOM: I. They lie tbe parenlS of Anplo NotorianIIi. born March 24,1991. 2, On 1anuary 27, 1994, the Plaintift', Dina Notarianni filed a Complaint for Cuatody in the Court of Common Pleu of Cumberland County PennsyIVlllla. 3, On or about FebnlUY 26,1994, James L. Walsh, Esquire ~ service of the aforementioned Complaint on behalf of the Defendant, Doualu C. Stoup. 4, The Plaintift', DiM Notarianni, shall have primary physical cUltody and lepI cuatody of the aforomentloned child subject to the visitation riplS of the Dcf~ Douala C, Stoup, u set forth below. 5, The Defendant, DoIIIIII C, Stoup, shall have supervised visitation of the minor child in the presence oftbe Dofcnclant's mother, MIl, Carol McConnell provided that he pve the Plaintlft'written notice mailOll to the pctitionel's Iddrou at 501 Grant Road, Camp Hill, Pennlylvania ofbis request for visitation no less than one month prior to the propoud visitation. In the mnt that Mrt. Carol McConnel is unavailablo, Charles L. Stoup. the paternal arandf'athor ofDoua\U C, Stoup, 2825 Fairviow Road. Camp Hill, Pennsylvania 17011 shall act u n~~ . . . . . UOUGLII~ r. STOUP, JltllES H, S'l'oIJP dnd CAHOL H,~CONNELL. I' l,s 1111: i e f n ,IN 'l'IlE ':UUIlT 0,' CI}IIIION ['/',:11;; ,l'UI18JWLANlI r:OllN'I"', 1',;NN:,'lLVMIIII , ,NO, '.11; ';":1r,6 CIVIL T,;Hll ICIVIL ACTION - LIIW v" DINA NOTA~IIINNI BIIRBUSH, De~endant I I ClilLU ClIS'DObY PRE: -TR filL llJ:1110RIINDUH , 1, WITNESSES i " i I, t \ Defendant, natupl m()th",r bina B,'\rbushl , St",p-tather. Sam Barbush: i .. , "j " , , I : ! "aternal grandparents I The atoregoing witness"" will testify'as tp past and preo~nt custody ~atterB. the welfare at the mtnor child. the unreliability of the natural father, .nd fears as to premature extended visitation outside of the mldstate area. .i :.. 2, ISSUE;S ,I Counsel for Plaintlff and intensive negotiations over thQ essentially in agreement regarding area. befendant have engaged in ~ast u~ek., The partiem are visltation in th~ Harrisburg , , The main area separating the parties i~volves the tact that the min0r child has nevar b@an awa~ from his mother ove:nlght. It is further complicated by the fact that th~ child has re~cted negatively in the past to visitational ~erlode with the tather, f:omh1n~d "ltll $e'f~re doubts d~ tn f~tl-l'~r'~ IJarentlnq abilities. a~ w~ll ~l~ lli!: lLf~ Gtyl~ ln qen~l~ll. v. :IN THE COURT OF COMMON PI,EAS :CUMBERLAND COUNTY, PENNSYLVANIA ;NO, (, (. ) ,) ') If (( I I t \ (' J (I /I,', :CIVlL ACTION. LW DOUGLAS C, STOUP, JAMES H. STOUP and CAROL McCONNELL, Plaintiffs D1NA NOrARIANNI BARBUSH, Defendant :CHlLD CUSTODY oaJ)E~ OF COlfflI AND NOW, this ';),>,1\ day of ('t1.,y , 1996, upon consideration of the attached Complaint, it is ,hereby directed that the parties and their respective counsel appear before /flIt /1t( d L. .l}/i 1(~)- , the Conciliator, at 30l. SC(jI/1 /8'11. \1, {~(t!II) /li//iplf. on the :3 J II, day of 1 7L\/\f , 1996 at cl o'clock tL,m, for a Prehearing Custody Conference, At such Conference, an effort wiIl 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. Either party may bring the child who is the subject of this custody action to the Conference, but the child's attendance is not mandatory, Failure to appear at the Conference may provide grounds for entry of a Tempo!ary or Permanent O'rder, FO'R THE CO'URT: YOU SHO'ULD TAKE THIS PAPER TO' YO'UR LAWYER AT O'NCE. IF YO'U DO' NO'T HAVE A LAWYER O'R CANNO'T AFF'O'RD O'NE, GO' TO' O'R TELEPHO'NE THE O'FFICE SET FORTH BELO'W TO' FIND O'UT WHERE YO'U CAN GET LEGAL HELP. O'ffice of the Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 I ' L.l1 ("J /. /., I / .. J,' 1/ / ( I' Iii' " , r , , ,I '" " II " " I i " ;,1 I , I I " , , I , ''I .1'~~1I#~ L~-/. (~ ,lft.;~/ ~ 4 06#VI..... 5~V~t. '7,i11/u /1.fa.tV, ;t ",y' " " .5, ,;?i/4~ /~ ~t't!/ -- ~ v.x'~ ~ ' , ii' , " !l' I' 1-/ I , I , , , , 'H , , , ! " '! ,. I \ , , , ! , " DOUGLAS C, STOUP, JAMES H, STOUP and CAROL McCONNELL, PlaintilTs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA . , ')' /). f -r: :NO. 'It. ,/){, I..:..l I'" '/.1'" , v, :CIVIL ACTION. LW DINA NOTARIANNI BARBUSH, Defendant :CHILD CUSTODY CQMPLAINT FOR CUSTODY 1. Plaintiff is Douglas C. Stoup, residing at 13160 Mulholland Drive, Beverly Hills, CA &0210, 2, Plaintiff, Paternal Grandfather is James Stoup residing at 851 Wynnewood Road, Camp Hill, Pennsylvania 17011. 3. Plaintiff, Paternal Grandmother, is Carol McConnell residing at 6337 Stephen's Crossing, Mechanicsburg, Pennsylvania 17055, 4. The Defendant, mother, Dina Notarianni Barbush is residing at 510 Allison Avenue, Mechanicsburg, Pennsylvania, 5. Father seeka partial custody of the child Angelo Notarianni Barbush, born March, 1991, currently residing at 510 Allison Avenue, Mechanicsburg, Pennsylvania, 6, Paternal Grandfather and Paternal Grandmother seek visitation with the minor child Angelo Barbush, 7. The child was born out of wedlock, The child is presently residing with his mother at 510 Allison Avenue, Mechanicsburg, Pennsylvania, .2. '" " .. ,. B:RIlICATION i I. CAROLE McCONNELL, verify that the statements made in the foregomg document are true and correct to the best of my knowledge. I understand that false statementa herein made are subject to the penalties of 18 Pa.C.S. Section 4904. relating to ullllworn falsification to authorities. { '.,', .~I."" / '.' , CARO;, " ~~ ~~LL' ,-'r ", / / ,/ Date: S /.20 rt'/ ~ ' " lI5ll:lll1 . .. ,: VERIFICA1:ION I, JAMES STOUP, verily that the statements made in the foregoing document are true and correct to the best of my knowledge. 1 understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falllification to authorities. J Date: <; 12. (,) 1<'[ <c " ',' , ',I " ' '1 . I , , ' .. ' ". /, , , . , ~~ , , ~- '-' \, - ...." ......'1 ' ,,) ~~ '".-) r:,<') 1..:-'" "'-'-:J ~ '. ~ .'<;;.) '~ '.'~ c:., 'y\ .....~.. rf'I, 1,\., .\, '~ .~ '~-'-."" ~.'. I ' -'<~r.)' ~,,,' .....,) ~' I __~ . ~ . " .. " ,. ,DOUGLAS C, STOUP. Plailllifl1Falhcr JAMES H. STOUP and CAROL McCONNELL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 96-2856 . CIVIL TERM CIVIL ACTION . LAW CUSTODY DINA NOTARIANNI BARBUSH, Defendant/Mother : AND NOW, thiS;'!! { day of ORDER -of l)' (., (t' " ,~)L~" 1996, it is hereby ORDERED and DECREED, at the request of Plaintiffs' counsel, the custody hearing scheduled for the 18th of October, 1996, at 9:30 o'clock A.M. in Courtroom Number 1 of the Cumberland County Court House, Carlisle, PenllBylvania is continued and is scheduled for the 16th day of December, 1996 at 9:00 a.m. in Court Room No, 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania, The parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a stat.ement as to their expected testimony, The parties shall also submit their proposals for a resolution of the matter. No further continuances in this matter will be granted, In the interim, Douglas C. Stoup shall have partial physical custody of his son, ANGELO NOTARIANNI BARBUSH, during the following times: a, From 9:00 a,m. to 8:00 p,m, on November 23 and 24, 1996; b, !<'rom 1:00 p,m, to 8:00 p,m, on Friday, November 22, 1996 and Monday, November 25, 1996, unleos the child is attending afternoon Kindergarten in which case Douglas C, Stoup shall have custody of the child from 8:00 a,m. to 11:00 a,m, and 4:00 p,m, to 8:00 p,m,; c, Mother previously agreed to the F'ather's visitation of the child on November 22, 23, 24, and 25, 1996, if the hearing was held in January; d, Douglas C. Stoup shall retrieve the child from Mother's home and shall return the child to Mother's home, ,J ,', I I" i :~ :j \ ' " ! i ,1.1, J .~, " ,'.. " 748811 5. That date is inconvenient for Plaintiff due to his work schedule, 6, Plaintiff resides in California and would like to spend some time with his son , while in Pennsylvania and Plaintiff would be unable to spend any time with the child during that time period, 7, Plaintiff attempted to reschedule the hearing on November 25, 1996, however, Defendant would not agree, 8, Defendant is expecting a baby with a due date of November 17 and therefore feels that a hearing date of November 25 would not be suitable for her condition. 9, Plaintilfrequested that Defendant agree to a hearing date of December 16. 10, Defendant wants the hearing to be held in January because of her concern that in the event she was two weeks late with the baby then the baby would only be two weeks old and due to the proximity of the Christmas holiday, I \. Even though the hearing date of November 25 is not suitable, Plaintiff desires to visit with his son on November 22,23,24,25 and then will return on December 16 for the hearing and will stay for approximately 10 days thereafter, DOUGLAS C, STOUP, JAMES H, STOUP DIld CAROL MtCONNELL, Plaintiff. :IN THE COURT OF COMMON PLEAS :CUMBERLANDCOUNTY, PENNSYLVANIA :NO, 1)6.2K5c, CIVIL TERM v, :CIVIL ACTION. LW DINA NOTARIANNI BARBUSH, DtfcnnDllt :CHlLD CUSTODY CERTIFICATE OF SERVICE AND NOW, this 2nd day of October, 1996, I, Emily Long HolTman, Esquire hereby certify that I sent a true and correct copy of the Petition for Special Relief to Dina Notarianni Barbush, by placing a copy of same in the United States, first class mail, postage prepaid, addressed as follows: Dina Notarianni Barbush 1711 Wyndham Road Camp Hill, PA 17011 BY: METTE, EVANS & WOODSIDE ( , , f ", ( I' ~' '. (\ u ,I '~' - \' ,\. /' EMIL Y LONG OFFMAN, ESQUIRE Supremo Court 1.1>- "'.107 3401 North Front Street Post Office Box 5950 Harrisburg, PA 17110-0950 (717) 232.5000 Attorney for PlaintilT DATED: 10/02/96, 7411\01-1 . , , ". "I .. ri; ., F .. 1\1' -I ,'" (.;. I I I' , , ~ c,: ;-:1 '....' i L', J , , I Ii 1 l. ,. :,) ',. , 1 .. . . .1 I' 'I ," until September 16, 1997, when he will return the child at 8:00 p.m, e, In 1997 and for all odd numbered years thereafter, Father shall have custody of the child beginning December 24, at 6:00 p.m, and ending .January I, at 7:00 p.m, to be taken wherever Father wishes. f, For 1998 and every year thereafter, Father shall have custody of the child: 1. One month or more to be taken wherever Father wishes; 2, One week during the year which in the odd numbered years shall fall during the Christmas holiday as set forth in Paragraph "eO above; 3, Three long weekends during the year with overnights which shall begin on Thursday when the Father shall pick up the child at school and end on Monday when the Father shall return the child at 8:00 p,m. or which shall begin on Friday when the Father shall pick up the child at school and end on Tuesday when the Father IIhall return the child at 8:00 p.m.; 4, Father shall give Mother at least thirty (30) days advance notice of the times for his visitation; 5. Father may exercise the above visitations at whatever locations he deems appropriate; 6. If Father's schedule permits, F'ather shall have the option to exercise his .,., custodial periods as provided above .3. CERTIFICATE OF SERVICE I hereby certifY that I served a copy ofthe foregoing document upon the person(s) and in the manner indicated below, which service satislies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the U.S, mail, First.c1ass postage prepaid, as follows: Mark T. Silliker, Esquire ~04 State Street Harrisburg, P A 17101 Dina Notarianni Barbush 1711 Wyndham Road Camp Hill, PA 17011 METrE. EVANS & WOODSIDE BY: . (' , ~((u~~-k1 L~I'--" EMILY LONG O~~A, QUIRE SUlm:mc Cuurt J.D.I. 66.107 " 340 I North Front Street Post Office Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorney for Plaintiff DATED: 12/9/96 '~7KI,1 4, Mother and Father shall share ltlgal custody of the minor child with both parties having the right to make major parenting decisions affecting the child's health, education and welfare, 5, Mother shall have primary physical custody with Father to have partial physical custody pursuant to the following schedule: a, From December 13 to December 19, 1996. Father shall pick the child up from school on Friday, December 13. Father shall return the child to Mother's home on Sunday, December 15 at 7:00 p,m, On Monday, December 16, Father shall have custody of the child continuously until WedMsday, December 18. On Wedne~day, December 18 and on Thursday, December 19, Father shall pick the child up from school and return him to his Mother's home by 8:00 p,m. in the evening, b, Father shall have custody of the child for seven continuous overnights beginning on April 4, 1997, when he will pick the child up at school until April 11, 1997, when he will return the child at 8:00 p,m, c. Beginning June 30, 1997 and ending on July 14, 1997, Father shall have two continuous weeks of custody with the child at Father's home, Father will pay for the transportation costs and will have a chaperone fly with the child to and from his home. d, Father shall have custody of the child for five continuous overnights beginning on September 11, 1997, when he will pick the child up from school .2. over Columbus Day, Christmas and President's Day in the odd numbered years and over Labor Day, Thanksgiving and Easter in the even numbered years; g, The parties agree to take whatever steps are necessary in implementing this schedule including but not limited to authorizing Father to pick up the child from schoo\. h. The above schedule may be modified upon Agreement of the relevant parties. i. During Father's custodial periods in the school year, Father shall see that the child is delivered to and picked up from schoo\. j. Father and Paternal Grandparents shall provide transportation for their custodial periods. k. Father and Paternal Grandparents shall each be permitted at least one telephone call per week to the child, I. Mother shall send Father the child's school calender by September 1 of every year, m. Each Paternal Grandparent may have 8 hours visitation per month with the minor child at a time or times to be agreed upon by the parties, If no agreement can be reached, then one Paternal Grandparent shall have visitation with the minor child the third Saturday of every month from I 11:00 a.m, to 7:00 p.m. and the other Paternal , Grandparent shall have visitation with the minor child on the first Wednesday of every month from 4:00 p,m. until 8:00 p.m, and the fourth Wednesday of every month from 4:00 p,m, until 8:00 p,m_ The Paternal Grandparents shall alternate this schedule monthly, Beginning in .4. , ' May of 1997. each Paternal Grandparent's 8 hour visitation will be increB8ed to include one overnight every othel' month to be taken at a time agreed upon by the parties. In the event the parties are unable to agree, the overnight visitation shall be taken the third Friday of the month to begin on Friday at 6:00 p,m, and end on Saturday at 6:00 p,m, n, The parties will make every effort to facilitate the best interests of the child, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written, Witness DouglB8 C, Stoup Witness Dina Notarianni Barbush Witness James H. Stoup Witness Carol McConnell .5. CERTIFICATE OF SERVICE I hereby cenil)r that I served a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the U.S. mail, First-class postage prepaid, as follows: Mark T. Silliker, Esquire 204 State Street Harrisburg, P A 17101 Dina Notarianni Barbush 1711 Wyndham Road Camp Hill, PA 17011 . , , ' METTE, EVANS & WOODSIDE , ,'. . C' . ~ EM~O~~~ Supreme Cuurt I.D # 66307 BY: 340 I North Front Street Post Office Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 Attorney for Plaintiff DATED: 12/9/96 .'711.1 , ., , ' DOUGLAS C. STOUP, PlainllmFath~r JAMES H. STOUP ami CAROL McCONNELL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-2856 - CIVIL TERM CIVIL ACTION - LAW CUSTODY DINA NOTARIANNI BARBUSH, : DefendanVMother : ORDER AND NOW, this day of , 1997, IT IS HEREBY ORDERED AND DECREED: 1. This Order shall supersede any and all prior Orders. 2. Douglas C. Stoup (hereinafter "Father") and Dina Notarianni Barbush (hereinafter "Mother") are the parents of a minor child, ANGELO NOTARIANNI BARBUSH, born March 24, 1991. 3. James H. Stoup (hereinafter "Paternal Grandfather") and Carol McConnell (hereinafter "Paternal Grandml}ther") are the grandparents of the minor child. , . . . -,-'-- 4. Mother and }<'ather shall share legal custody of the minor child with both parties having tho right to make ml\ior parl)nting decisions affecting the ~hild's health, l)ducation and welfare. 5. It is acknowledged between the parties that they are experiencing extreme difficulties within their relationship, which have in turn had a negative impact upon the subject minor child. In furtherance thereto, the parties have agreed to begin mediation under the direction of Dr. Elliot Riegler. In furtherance thereto, Dr. Riegler shall meet with the subject minor ~hild, as well as each of the parents, and he shall counsel them as to ways in which they might improve their ability to communicate, as well as co-parent, with the goal of improving the parental environment for the subject minor child. Likewise, he shall make recommendations unto the parties as to what type of visitation with Fathcr shall best reflect the interests of the minor child. It is particularly noted between the parties that an area of disagreemcnt is the subject of the child visiting ,,'ather in California, as well as gradually increasing visitation. Dr. Riegler shall specifically advise the parties in this area, and thc partics will generally follow any recommendations he might make. The costs of Dr. Riegler's services for Angelo shall be divided equally between the parties, and otherwisc, cach of thc partics shall pay for their own time with Dr. Rieglcr. - 2 - 6. Mother shall have primary physical custody with Father to have partial physical cUlltody pursuant to the following schedule: a. In light of thc fact that Father resides in California, he shllll be cntitled to unlimited long wcekends with overnights, in the Harrisburg area, provided he give Mother thirty (30) days advance written notice. If Mothcr has important pre. existing \llans, she wl\l advise Father of those plans at the time she is given notice. Mother shall do her absolute best to accommodate Father's request and Father shall exercise some flexibility in the event Mother already has important plans for the requested weekend. The long weekends shaH begin on Thursday when the Father shall pick up the child at school (3:00 p.m. if school is not in session) and end on Monday when the ..'ather shall return the child at 8:00 p.m. or which shall begin on Friday when the Father shall pick up the child at school (3:00 p.m. if school is not in session) and end on Tuesday when the Father shaH return the child at 8:00 p.m.. Mother may have some time with the child during these weekends keeping in mind the best interests of the child; b. Except as otherwise provided herein, ,,'ather shall have custody of the child with overnights from April 4, 1997, when he wl\l pick the child up at school until April 11, 1997, when he wl\l return the child at 8:00 p.m. During this time period Mother shall have custody of the child for one overnight on April 7, 1996 with Fathcr to again have custody at 9:00 a.m. on April 8, 1996. c. Beginning June 30, 1997 and ending on July 14, 1997, Father shall havc two continuous weeks of custody with the child. The visitation will be taken in Harrisburg or at the Father's home - 3 - 8:00 p.m. The Paternal Grandparents shall alternate this schedule monthly. b. Beginning in May of 1997, or sooner upon agreement of the parties, each Paternal Grandparent's 8 hour visitation will be increased to include one overnight every other month to be taken at a time agreed upon by the parties. In the event the parties are unable to agree, the overnight visitation shall be taken the third Fride.y of the month to begin on Friday at 6:00 p.m. and cnd on Saturday at 6:00 p.m. c. Paternal Grandparents will forcgo this monthly visitation during the months that Father has custody of the child. d. Over the Christmas holidaYII, in years when Father does not spend time with thc child, the Paternal Grandparents shall be given additional time with the child. 8. The parties will make evcry effort to facilitate the best interests of the child. 9. It is the parties' intention that Father's visitation with the minor child will increase over time and the parties' relationship will improve. 10. The parties have pledged to work towards creating a more positive and wholesome environment in which to raise the subject minor child. They have agreed on the need for the families to improve their lines of communication, and .6. " , " 4. Mother and Father shall share legal custody of the minor child with both parties having the right to make ml\ior parenting docisions affecting the child's health, education and welfare. 5. It is acknowledged between the parties that they are experiencing extreme difficulties within their relationship, which have in turn had a negative impact upon the subject minor child. In furtherance thereto, the parties have agreed to begin mediation under the direction of Dr. Elliot Riegler. In furtherance thereto, Dr. Riegler shall meet with the subject minor child, as well as each of the parents, and he shall counsel them as to ways in which they might improve their ability to communicate, as woll as co-parent, with the goal of improving the parental environment for the subject minor child. Likewise, he shall make recommendatiorul unto the parties as to what type of visitation with Father shall best reflect the interests of the minor child. It is particularly noted between the parties that an area of disagreement is the subject of the child visiting Father in California, as well as gradually increasing visitation. Dr. Riegler shall specifically advise the parties in this area, and the parties will generally follow any recommendations he might make. The cost.s of Dr. Riegler's services for Angelo shall be divided equally between the parties, and otherwise, each of the parties shall pay for their own time with Dr. Riegler. .2. 8:00 p.m. The Paternal Grandparents shall alternate this schedule monthly. b. Beginning in May of 1997, or sooner upon agreement of the parties, each Paternal Grandparent's 8 hour visitation will be increased to include one overnight every other month to be taken at a time agreed upon by the parties. In the event the parties are unable to agree, the overnight visitation shall be taken the third Friday of the month to begin on Friday at 6:00 p.m. and end on Saturday at 6:00 p.m. c. Paternal Grandparents will forego this monthly visitation during the months that Father has custody of the child. d. Over the Christmas holidays, in years when Father does not spend time with the child, the Paternal Grandparents shall be given additional time with the child. 8. The parties will make every effort to facilitate the best interests of the child. 1 I ,I I 'I 9. It is the parties' intention that Father's visitation with the minor child will increase over time and the parties' relationship will improve. 10. The parties have pledged to work towards creating a more positive and wholesome environment in which to raise the subject minor child. They have agreed on the need for the families to improve their lines of communication, and i I , I I I I - 6 . ,enerally they have agreed to work together to elllure the b.est intere.ts of the subject minor child. BYTHECOURTl , , J. J" " , " " 'J " j, ., 1'" , ' " , , , ' , " " <, , .7. DOUGLAS C. STOUP, PlaintiffIFalher JAMES H. STOUP and CAROL McCONNELL. Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-2856 - CIVIL TERM CIVIL ACTION - LAW CUSTODY DlNA NOTARIANNI BARBUSH, DefendanVMother : PRDER AND NOW, this _ day of ORDERED AND DECREED: . 1997,IT IS HEREBY 1. This Order shall supersede any and all prior Orders. 2. Douglas C. Stoup (hereinafter "Father") and Dina Notarianni Barbush (hereinafter "Mother") are the parents of a minor child, ANGELO NOTARIANNI BARBUSH, born March 24, 1991. i I 3. James H. Stoup (hereinafter "Paternal Grandfather") and Carol McConnell (hereinafter "Paternal Grandmother") are the grandparents of the minor child. I 4. Mother and Father shall share legal custody of the minor child with both parties having the right to make major parenting decisions affecting the child's health, education and welfare. 5. It is acknowledged between the parties that they are experiencing extreme difficulties within their relationship, which have in turn had a nllgative impact upon the subject minor child. In furtherance thereto, the parties have agreed to begin mediation under the direction of Dr. Elliot Riegler. In furtherance thereto, Dr. Riegler shall meet with the subject minor child, as well as each of the parents, and he shall counsel them as to ways in which they might improve their ability to communicate, as well as co-parent, with the goal of improving the parental environment for the subject minor child. Likewise, he shall make recommendations unto the parties as to what type of visitation with Father shall best reflect the interests of the minor child. It is particularly noted between the parties that an area of disagreement is tho subject of the child visiting Father in California, as well as gradually increasing visitation. Dr. Riegler shall specifically advise the parties in this area, and the parties will generally follow any recommendations he might make. The costs of Dr. Riegler's services for Angelo shall be divided equally between the parties, and otherwise, each of the parties shall pay for their own time with Dr. Riegler. - 2. 6 Mother shall have primary physical custody with Father to have partial physical custody pursuant to the following schedule: a. In light of the fact that ~'ather resides in California, he shall be entitled to unlimited long weekends with overnights, in the Harrisburg area, provided he give Mother thirty (30) days advance written notice. If Mother has important pre- existing plans, she will advise Father of those plans at the time she is given notice. Mother shall do her absolute best to accommodate Father's request and Father shall exercise some flexibility in the event Mother already has important plans for the requested weekend. The long weekends shall begin on Thursday when the Father shall pick up the child at school (3:00 p.m. if school is not in session) and end on Monday when the Father shall return the child at 8:00 p.m. or which shall begin on Friday when the Father shall pick up the child at school (3:00 p.m. if school is not in session) and end on Tuesday when the Father shall return the child at 8:00 p.lO.. Mother may have some time with the child during these weekends keeping in mind the best interests of the child; b. Except as otherwise provided herein, Father shall have custody of the child with overnights from April 4, 1997, when he will pick the child up at school until April 11, 1997, when he will return the child at 8:00 p.m. During this time period Mother shall have custody of the child for one overnight on April 7, 1996 with Father to again have custody at 9:00 a.m. on April 8, 1996. c. Beginning June 30, 1997 and ending on July 14, 1997, Father shall have two continuous weeks of custody with the child. The visitation will be taken in Harrisburg or at the Father's home - 3 . 4. Mother and Father shall share legal custody of the minor child with both parties having the right to make major parenting decisions affecting the child's health, education and welfare. 5. It is acknowledged between the parties that they are experiencing extreme difficulties within their relationship, which have in turn had a negative impact upon the subject minor child. In furtherance thereto, the parties have agreed to begin mediation under the direction of Dr. Elliot Riegler. In furtherance thereto, Dr. Riegler shall meet with the subject minor child, as well as each of the parents, and he shall counsel them as to ways in which they might improve their ability to communicate, as well as co-parent, with the goal of improving the parental environnleni. for the subject minor child. Likowise, he shall make recommendations unto the parties as to what type of visitation with Father shall best reflect the interests of the minor child. It is particularly noted between the parties that an area of disagreement is the subject of the child visiting Father in California, as well as gradually increasing visitation. Dr. Riegler shall specifically advise the parties in this area, and the parties will generally follow any recommendations he might make. The costs of Dr. Riegler's services for Angelo shall be divided equally between the parties, and otherwise, each of the parties shall pay for their own time with Dr. Riegler. .2- 8:00 p.m. The Paternal Grandparents shall alternate this schedule monthly. b. Beginning in May of 1997, or sooner upon agreement of the parties, each Paternal Grandparent's 8 hour visitation will be increased to include one overnight every other month to be taken at a time agreed upon by the parties. In the event the parties are unable to agree, the overnight visitation shall be taken the third Friday of the month to begin on Friday at 6:00 p.m. and end on Saturday at 6:00 p.m. c. Paternal Gl'andparents will forego this monthly visitation during the months that Father has custody of the child. d. Over the Christmas holidays, in years when Father does not spend time with the child, the Paternal Grandparents shall be given additional time with the child. 8. The parties will make every effort to facilitate the best interests of the child. 9. It is the parties' intention that Father's visitation with the minor child will increase over time and the parties' relationship will improve. 10. The parties have pledged to work towards creating a more positive and wholesome environment in which to raise the subject minor child. They have agreed on the need for the families to improve their lines of communication, and - 6- - I' ;."1 renerally they have arreed to work together to ensure the best interesta of the ' 8ubject minor child. , , ; BY THE COURT: i J. 'I 'I , I ',I , , l " , , , ~ r fJ , I I ; ,.I .~' 'I , ! :'j " ',;1 , , , , " , , , , \ .7. .----,....-; ~ 'f ' 4. Mother and Father shall share legal custody of the minor child with both parties having the right to make ml\ior parenting decisions affecting the child's health, education and welfare. 5. It is acknowledged between the parties that they are experiencing extreme difficulties within their relationship, which have in turn had a negative impact upon the subject minor child. In furtherance thereto, the parties have agreed to begin mediation under the direction of Dr. Elliot Riegler. In furtherance thereto, Dr. Riegler shall meet with the subject minor child, as well as eaah of tho parent." and he shall counsel them as to ways in which they might improve their ability to communicate, as well as co-parent, with the goal of improving the parental environment for the subject minor child. Likewise, he shall make recommendations unto the parties as to what type of visitation with Father shall best reflect the interests of the minor child. It is particularly noted between the parties that an area of disagreement is the subject of the child visiting Father in California, as well as gradually increasing visitation. Dr. Riegler shall specifically advise the parties in this area, and the parties will generally follow any recommendations he might make. The costs of Dr. Riegler's services for Angelo shall be divided equally between the parties, and otherwise, each of the parties shall pay for their own time with Dr. Riegler. .2. 6. Mother shall have primary physical custody with Father to have partial physical custody pursuant to the following schedule: a. i' , I I ,I " I ,I I I I In light of the fact that Father resides in California, he shall be entitled to unlimited long weekends with overnights, in the Harrisburg area, provided he give Mother thirty (30) days advance written notice. If Mother has important pre- existing plans, she will advise ,,'ather of those plans at the time she is given notice. Mother shall do her absolute best to accommodate Father's request and Father shall exercise some flexibility in the event Mother already has important plans for the requested weekend. The long weekends shall begin on Thursday when the Father shall pick up the child at school (3:00 p.m. if school is not in session) and end on Monday when the Father shall return the child at 8:00 p.m. or which shall begin on Friday when the Father shall pick up the child at school (3:00 p.m. if school is not in session) and end on Tuesday when the Father shall return the child at 8:00 p.m.. Mother may have some time with the child during these weekends keeping in mind the best interests of the child; Except as otherwise provided herein, Father shall have custody of the child with overnights from April 4, 1997, when he will pick the child up at school until April 11, 1997, when he will return the child at 8:00 p.m. During this time period Mother shall have custody of the child for one overnight on April 7, 1996 with Father to again have custody at 9:00 a.m. on April 8, 1996. c. Beginning June 30, 1997 and ending on July 14, 1997, Father shall have two continuous weeks of custody with the child. The visitation will be taken in Harrisburg or at the Father's home b. - 3. dependant upon Dr. Riegler's recommendation. If Dr. Riegler recommends that the visitation take place in Harrisburg, then Mother may have some time with the child during Father's viaitation in the best interest of the child. d. Father shall have custody of the child for five continuous days and overnights beginning on September 11, 1997, when he will pick the child up from school until September 16, 1997, when he will return the child at 8:00 p.m. Mother may have some time with the child during Father's visitation in the best interest of the child. e. With regard to Christmas, in 1997, Father shall have custody of the child beginning December 25, at 1:00 p.m. and ending December 26 at 3:00 p.m. Father shall also have two or three additional overnights during the Christmas and/or New Years holidays plus additional periods dependant upon Dr. Riegler's recommendation. f. For 1998, the parties shall determine additional periods of Father's custody of the child pursuant to Dr. Rieglp.r's recommendation. g. If Father's schedule permits, Father shall have the option to exercise his custodial periods as provided above over Columbus Day, President's Day and Memorial Day in the odd numbered years and over Labor Day, Thanksgiving and Easter in the even numbered years; h. The parties agree to take whatever steps are necessary in implementing this schedule including but not limited to authorizing Father to pick up the child from schoo\. i. The above schedule may be modified upon Agreement of the relevant parties. - 4 - 8:00 p.m. The Paternal Grandparents shall alternate this schedule monthly. b. Beginning in May of 1997, or sooner upon agreement of the parties, each Paternal Grandparent's 8 hour visitation will be increased to include one overnight every other month to be taken at a time agreed upon by the parties. In the event the parties are unable to agree, the overnight visitation shall be taken the third Friday of the month to begin on Friday at 6:00 p.m. and end on Saturday at 6:00 p.m. c. Paternal Grandparents will forego this monthly visitation during the months that Father has custody of the child. d. Over the Christmas holidays, in years when Father does not spend time with the child, the Paternal Grandparents shall be given additional time with the child. 8. The parties will make every effort to facilitate the best interests of the child. 9. It is the parties' intention that Father's visitation with the minor child will increase over time and the parties' relationship will improve. ! , , , 10. The parties have pledged to work towards creating a more positive and wholesome environment in which to raise the subject minor child. They have agreed on the need for the families to improve their lines of communication, and - 6- generally they have agreed to work together to ensure the best interests of the subject minor child. BY THE COURT: J. " " , " ::1 :1 ';j 1"", ',' " ,', .7. DOUGLAS C. STOUP, PlaintiWFathcr JAMES H. STOUP and CAROL McCONNELL. Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-2856 - CIVIL TERM CIVIL ACTION - LAW CUSTODY DlNA NOTARIANNI BARBUSH, Defendant/Mother : ORDER AND NOW, this _ day of .1997, IT IS HEREBY ORDERED AND DECREED: 1. This Order shaH supersede any and all prior Orders. 2. Douglas C. Stoup (hereinalter "Father") and Dina Notarianni Barbush (hereinafter "Mother") are the parents of a minor child, ANGELO NOTARIANNI BARBUSH, born March 24, 1991. 3.. James H. Stoup (hereinafter "Paternal Grandfather~) and Carol McConnell (hereinafter "Paternal Grandmother") are the grandparents of the minor child. 4. Mother and Father shallllhare legal custody of the minor child with both parties having the right to make ml\ior parenting decisions affecting the child's health, education and welfare. 5. It is acknowledged between the partics that they are experiencing extreme difficulties within their relationship, which have in turn had a negative impact upon the subject minor child. In furtherance thereto, the parties have agreed to begin mediation under the direction of Dr. Elliot Riegler. In furtherance thereto, Dr. Riegler shall meet with the subject minor child, as well as each of the parents, and he shall counsel them as to ways in which they might improve their ability to communicate, as well as co-parent, with the goal of improving the parental environment for the subject minor child. Likewise, he shall make recommendations unto the parties as to what type of visitation with Father shall best reflect the interests of the minor child. It is particularly noted between the parties that an area of disagreement is the subject of the child visiting Father in Calit'ornia, as well as gradually increasing visitation. Dr. Ricgler shall specifically advise the parties in this area, and the parties will generally follow any recommendations he might make. The costs of Dr. Riegler's services for Angelo shall be divided equally between the parties, and, otherwise, each of the parties shall pay for their own time with Dr. Riegler. - 2- 6. Mother shall have primary physical custody with Father to have partial physical custody pursuant to the following schedule: a. In light of the fact that Father resides in California, he shall be entitled to unlimited long weekends with overnights, in the Harrisburg area, provided he give Mother thirty (30) days advance written notice. If Mother has important pre- llxisting plans, she will advise Father of those plans at the time she is given notice. Mother shall do her absolute best to accommodate Father's request and Father shall exercise some flexibility in the event Mother already has important plans for the requested weekend. The long weekends shall begin on Thursday when the Father shall pick up the child at school (3:00 p.m. if school is not in session) and end on Monday when the Father shall return the child at 8:00 p.m. or which shall begin on Friday when the Father shall pick up the child at school (3:00 p.m. if school is not in session) and end on Tuesday when the Father shall return the child at 8:00 p.m.. Mother may have some time with the child during these weekends keeping in mind the best interests of the child; b. Except as otherwise provided herein, Father shall have custody of the child with overnights from April 4, 1997, when he- will pick the child up at school until April 11, 1997, when he will return the child at 8:00 p.m. During this time period Mother shall have custody of the child for one overnight on April 7, 1996 with Father to again have custody at 9:00 a.m. on April 8, 1996. c. Beginning June 30, 1997 and ending on July 14, 1997, Father shall have two continuous weeks of custc,dy with the child. The visitation will be taken in Harrisburg 01' at the ..'ather's home - 3- , visitation, betwecn thllm thcy shall mediate those issucs undcr the direction of Dr. Elliot Riegler who will make recommendations to the parties regarding thosc issues. It is particullllly noted between thc parties that an lIlea of disagreement is thc subjcct of the child visiting Father in California, as well as gradually incrcasing visitation. Dr. Riegler shall specifically advise the parties in this area, and thc parties will generally follow any recommendations he might make. The costs of Dr. Riegler's scrviccs for Angelo shall be divided equally between the parties, and otherwise, each of the parties shall pay for their own time with Dr. Riegler. 6. Mother shall have primary physical custody with Father to have partial physical custody pursuant to the followinK schedule: " a. In light of the fact that Father resides in California, he shall be cntitlcd to unlimitcd long weekends with overnights, in the Harrisburg arca, provided he give Mother thirty (30) days advance written notice. If Mothcr has important pre-existing plans, she will advise Father of those plans stthe time she is given notice. Mother shall do her absolute best to accommodatc Father's requcst. The long weekends shall be~in on Thursday when the Father shall pick up the child at Mother's home at 4:30 p.m. (3:00 p.m. if school is not in session) and end on Monday when the Father shall return the child at 8:00 p.m. or which shall begin on Friday when the Father shall pick up the child at Mother's home at 4:30 p.m. (3:00 p.m. ifschool is not in session)and end on Tuesday when the Father shall return the child at 8:00 p.m.. b. With regard to Christmas, in the odd-numbercd years, Father shall have custody of the child on .]. 1 I DOUGLAS C. STOUP, ) Plaintill'lFnther ) JAM" }UP and ) CAR. '>NNELL, ) Plaintill's ) ) vs. ) ) DlNA NOTARIANNI BARBUSH, ) Defendant/Mother ) lAY 11 _tfJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2856 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW \hi, /,1- I~ "y of 1114 . 1m. h"i"" 00'''''' f~ , the parties for some time, the undersigned Concilia r assumes the mailer has been resolved and hereby relinquishes jurisdiction of the case. Ifeithcr of the partics wishes funher proceedings in this action, they should petition the Court anew. .i ,; , I, Emily L. Hoffman, Esquire Mark T. 8i1liker, Esquire , I~ FOR THE COURT. ~ /) AlA MICHAEL L. BANGS Custody Conciliator I 1 , , \-,. ,\ \, ~~ l.tl .... r.r: , 1'"'" ...; .. tu!") C'..: "j ~,:I .. , , , .... " I,!:, ':'1.. \':j (JI. , h';/ '.., (,) , 1 , 1 " Ii, ~- " I/U ~ " :.. ~' ,'.:.;" ':, C'~ 'j U Gl () " , "