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Home My WebLink About00-00961 iIlW~!!\lIMM'I!;s+i. . FEe 2 3 2Qrlo. ~ \ ~ BRADLEY BARNDT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J.J-rH r 9 (p I NO. CIVIL TERM KAYE BARNDT, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~'G day of f(-.:n , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ~ ~, ~ i ') ~ . , the conciliator, at ~ u. ~n\ f'\ N,.. \ \-\ec\'d'\\c::.<;n~~:}fA on the \ ~ day of ~, \ ,2000, at \ ',DC:> P.M., for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By:.~~r~~\w...Jj 1\HI'(\~\ lJ\~ ) . Custody Conciliator U'f'\S l ~I) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 TELEPHONE: (717) 249-3166 iii d -df'- tJtJ c2 'c29'-t9tJ CJ .;29' ?'Cf ["?""'""-',"; .,'e,'''' . _q.=Tc , q~ - * "" ' ,,' - ".,="".", '-'.""'~-,-,", - ..,"','. -, '" '''"~'iiII~liIW 11 \- FF.B ~?9 till ;~: ?9 ()=:Ui\riY PEf\l(\J~";YLVI~j',lV\ U-~rU~~;$~ '7f~ ~ ~ ~. t1~ ~ -# ~~p , "fl. ~~_"' ~~,_ ~ ."r' _~ _'r,",,,,,,,,,,,,,,"!i~!~;~!!Mm.~~~",,,,,,""'1"'~~_,~"'=t<f'I"lll!I:l , ' __ ,., ,~~!JII:F. ~ . ,~ '''~~",. BRADLEY BARNDT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ,2tJvv- 9U1 CIVIL TERM KAYE BARNDT, Defendant IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court to obtain custody, partial custody, or visitation of the children herein named. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and you may lose rights important to you, including custody or visitation of your children. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 e="-~~ = - -- ~~. ~ -< - ". ~:1ID..l!i!l;!IW~"" BRADLEY BARNDT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. J.bvv - q& / CIVIL TERM KAYE BARNDT, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is BRADLEY BARNDT, presently residing at 609 Monroe Street, Steelton, P A 17113. 2, The Defendant is KAYE BARNDT presently residing at 1059 Nanroc Drive, Mechanicsburg, Cumberland County, PA 17055. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Heather N. Barndt 1059 Nanroc Drive Mechanicsburg, P A 10 years The child was not born out of wedlock. The child is presently in the custody of Kaye Barndt who resides at 1059 Nanroc Drive, Mechanicsburg, PA. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Bradley Barndt, Kaye Barndt, and Kaye's two (2) children 1059 Nanroc Dr. Mechanicsburg, P A 1995 - 06/15/99 Kaye Barndt, Kaye's two (2) children, Kaye's aunt and Kaye's cousin 1059 Nanroc Dr. Mechanicsburg, P A 06/15/99. Present ...._~-~~ ~ .~-- .. .-~_!i>oJ=-_-, The mother of the child is Kaye Barndt, currently residing at 1059 Nanroc Dr., Mechanicsburg, PA. She is married to Plaintiff.. The father of the child is Bradley Barndt currently residing at 609 Monroe St., Steelton, Dauphin County, PA. He is married to Defendant, 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Name Relationship Grace Barndt Pam Barndt Michelle Barndt Charles Barndt Chris Barndt Mother Sister Sister Brother Nephew 5, The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Danielle Roeder Jason Roeder Sandy Allen Stacey Allen Daughter Son Aunt Cousin 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. -~~~>~" ~~ ~~,.~~ ".~~,~ ~"~ . , +- _~~ ,~IL~'",fu~~_'.;<._+__ 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Although the current arrangement of shared custody has worked well, Plaintiff has been advised by reliable sources that Defendant intends to relocate to the state of South Carolina within the next couple of weeks. It is believed and therefore averred that Defendant was not going to advise Plaintiff of the move of his daughter to South Carolina with Defendant until after the move had occurred. b, Plaintiff believes the best interests ofthe child would be for her to remain in the Commonwealth of Pennsylvania where she has always resided and where her extended family resides. c. Defendant's anticipated actions demonstrate that she is not willing to put the child's best interests ahead of Defendant's own desires. 8. 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, WHEREFORE, plaintiff requests the court to grant custody of the child to plaintiff, Respectfully submitted, m~'~<t- R. Mark Thomas, Esquire Attorney for Plaintiff 101 South Market Street Mechanicsburg, P A 17055 (717)796-2100 ID# 41301 "-- "" ~"j VERIFICATION I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: '2 - /'I-a:> f] ~ /JL)~ Ioioi ^-.--'~ ...........-., ( ,~~ - lillIiill>:t~~~"-~~- ,,', ' >t~~ ~'t '" ~ ~ w Wv ~ ~ '" -- ....... Uv ~ - ~ ~ . ~ ~ ~.\:~~ ~ ~ '," .,"'~ C' " ,,; 6}C~~ : ~~; ~~-:'- ~(..; ~;<) S?t:. z -\ -<. CJ o -" "''1 CD co -.-', -, --' ~ "- '"' ir") ::::;"1 [:;~, :-j C} .--;, -'I ~~~ --, ~ .. BRilDLEY BARNDT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COONTY, PENNSYLVANIA . . vs. . NO. 00-961 CIVIL TERM . . . KAYE BARNDT, . CIVIL ACTION - LAW . Defendant : IN CUSTODY ORDER OF COURT AND lOl, this JJo &- consideration of the attached and directed as follows: day of ~ Custody Conciliation , 2000, upon Report, it is ordered 1. The Father, Bradley Barndt, and the Mother, Kaye Barndt, shall have shared legal custody of HeatherN. Barndt, born May 12, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The parties shall share having physical custody of the Child with specific arrangements to be established by agreement of the parties in coordination with their work schedules. 3. The Child shall continue to attend school at Tri Cormnunity Elementary School through the remainder of the 1999-2000 school year. 4. The parties shall continue to discuss and cooperate in reaching an agreement as to elementary school enrollment for the Child beginning in the 2000-2001 school year. 5. The parties shall share, alternate or make other arrangements for custody of the Child on holidays by mutual agreement. 6. The parties and their counsel shall attend a second Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, Esquire, on Tuesday, July 18, 2000, at 3:00 p.m. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of ,.J ~" . . "~ , ~ ~'; ~ , , this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: w,~~ R. Mark Thomas, Esquire - Counsel for Father f1.~_' , .nil' 0 I Maryanne Murphy, Esquire - Counsel for Mother ~ f '~ '!-,z& -00 Rf<3 ~ CF '>r/\,Ftf tP,~; 11['0....' 2" .......! I-~( j\ _'. b !';[; 9: (: ii',. ", i ,,',' 1'\"1'1 '01','il-;,] 1,_, ' ....<.;......'j I I PENiVSYLV!\i~:/\ "-cr_"',' ,:"l'I _ ~~".,\",;,<"H '." .".,~~~1JIII!ItIIifl!1W ~_,' I~.~, '.~ ,1!1111!' ......l. _, ,L V-"~i'_ ~ BRADLEY BARNDT, : IN THE COURT OF COMMON PLEAS OF ~ ; 1'1 plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA r.' . i . . NO. 00-961 CIVIL TERM vs. . . . KAYE BARNDT , . CIVIL ACTION - LAW . Defendant . IN CUSTODY . CUS'lWY cctlC.ILIATICN SUMMARY REPORT IN AC.'CmDANCE WITH CUMBERLAND COONTY RULE OF CIVIL PROCEIJURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Heather N. Barndt May 12, 1989 Father/Mother 2. A Conciliation Conference was held on April 13, 2000, following individuals in attendance: The Father, Bradley Barndt, counsel, R. Mark Thomas, Esquire, and the Mother, Kaye Barndt, counsel, Maryanne Murphy, Esquire. wi th the with his wi th her 3. The parties agreed to entry of an Order in the form as attached. ~ {l, .h::> nl'l . IJA.~ Dawn S. sunday, Esquire Custody Conciliator .1. _." JUL 2 4 20~ BRADLEY BARNDT, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . CIVIL ACTION - LAW . . NO. 00-961 . : KAYE BARNDT, . . Defendant . IN CUSTODY . aIDER OF COORT AND NCkl, this 18th day of July, 2000, the Conciliator, being advised by counsel that the Custody Conciliation Conference scheduled for July 18, 2000 is no longer necessary, hereby relinquishes jurisdiction in this case. FOR THE COURT, fb--.1~ Custody Conciliator ~iar,,~ ~_ilIlll ~ >~IRlhiIiiMlf_.. " '-',' ,~',_'~__'_""_'~'_,~,__,_> "" ',n_ ~" '_~ -""'"'.- ""1Iiil ,)" ~" "'~'-"-'" - --~. o c: ~,~ (/))'0 ~{:~ S;: zQ 5>(:: Z =< ~'1l11-i. o D ~ r= () 71 r:! -, N c':, c-.J ::;::"_1> ~i ;:.'; -, <, j;~'::; ;-:.:t'n ~ ':0 -< s:? en !i,l ~,-= Ii ~" - VI J_ -J'e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA CIVIL ACTION - LAW BRADLEY BARNDT, Plaintiff NO. 00-961 Civil Term v. KA YE BARNDT, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~'^ day of ~, 2000, upon consideration ofthe attached Stipulation for Modification of Custody Order, IT IS HEREBY ORDERED AND DECREED that custody of the minor child, HEATHER N. BARNDT, born May 12, 1989, is awarded as follows: I. The parents shall share legal custody of the minor child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The parents shall share physical custody of the child with specific arrangements to be established by agreement of the parents in coordination with their work schedules. The primary residence of the minor child shall be with Mother. ,l>oi~'. ~~ -." ~, -. L~ ~~~- 3. The child shaH attend school at Greenwood Elementary School beginning August 29, 2000, 4. The parents shaH share or alternate the holidays with the minor child, with specific arrangements to be determined by mutual agreement. 5. Each parent shaH provide the other with a current telephone number and address. 6. Both parents shaH permit reasonable telephone access between the child and the other parent. The child shall be permitted reasonable telephone access to place calls to each of her parents while she is with the other. 7. By mutual consent of the parents, a revised custody schedule may be agreed upon between them for and in the best interests of the minor child. 8. This Order shaH replace and supercede any and all prior Orders of Court or agreements between the parents. 9. This Order shaH remain in fuH force and effect until further Order of Court. BY THE COURT: Distribution: Honorabl~. Guido C~.r"( -DO '6* R. Mark Thomas, Esquire , counsel for Plaintiff Maryann Murphy, Esquire counsel for Defendant ,~. " ~. , . -. . ~'~~Q-' <2 ~ -otQ ,~ Q.CJ ~8 7~ ~ g ~ '" , -' ~ '-P. ~ u~..,,~ ,= _ ""hC' r _ ;;{, ".,.1, 'J;.:n ~" r- ~:f;t\3 '../ '\ Cl,o. ~.J""f~ :t...:c 0.0 :%t'n g ~ """"'0 _". _~~~, ~ -~,~ "~1- ~_ .._~~~>'0*";tl_IJ!~~:wJllI~~~~~~mftllMfWl'~""l."~_~~^~ '. J "-,,:',- ,;,_;-~ ._' i _. ~;': . " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW BRADLEY BARNDT, Plaintiff NO. 00-961 Civil Term v. KAYE BARNDT, Defendant IN CUSTODY STIPULATION FOR MODIFICATION OF CUSTODY ORDER " The parties to this action, KAYE BARNDT (hereinafter refened to as "MOTHER"), and BRADLEY BARNDT (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody with respect to the minor child: HEATHER N. BARNDT, born May 12, 1989, hereby stipulate and agree to the entry of an Order of Court awarding custody of HEATHER as follows: 1. The parents agree that they shall share legal custody of the minor child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The parents agree that they shall share physical custody of the child with specific arrangements to be established by agreement of the parents in coordination with their work ~~ "0- -,I f.' 4J.I_,,' , ~ schedules. The primary residence of the minor child shall be with Mother. 3. The parents agree that the child shall attend school at Greenwood Elementary School beginning August 29, 2000, 4. The parents agree to share or alternate the holidays with the minor child, with specific arrangements to be determined by mutual agreement. 5. The parents agree that each parent shall provide the other with a current telephone number and address. 6. Both parents agree to permit reasonable telephone access between the child and the other parent. The child shall be permitted reasonable telephone access to place calls to each of her parents while she is with the other. 7. The parents agree that, by their mutual consent, a revised custody schedule may be agreed upon between them for and in the best interests of the minor child, 8. The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania for approval and for entry of a modified Order awarding custody as set forth herein, and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Modification of a Custody Order on the date indicated below. 1~z2~60 Date ,<Z9~~. .fJ~ ~ Witness BRADLEY BARNDT 7-;p.~ Date ~~~/ Witness - ~"-""''''~,",~~iM~ '-ilf~~". "1IIlllI --' "0_ ~ ' -='-.... .-"-~", '.1 n CJ r-) ~ ....;,) '~'1 := m " I -::,) Z :T,! Z '" (/J < r'--..: j ~: L> , . -> C~ - .. , <-? -c:::: i3 )> ", , " z :J1 ~;::J ::2 :i] .::- -<