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HomeMy WebLinkAbout03-1101 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TREVOR J. BARNINGER, v. CIVIL ACTION - LAW NO. 03,11 01 C~ f Lv-..- IN CUSTODY BRITTANY L. THOMPSON, Defendant COMPLAINT IN CUSTODY AND NOW, this bay of March, 2003, comes the Plaintiff, Trevor J. Barninger, by and through his attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a statement: 1. The Plaintiff, Trevor J. Baminger, is an adult individual currently residing at 2 Kelly Court, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant, Brittany L. Thompson, is an adult individual currently believed to be residing at 4173 Grouse Court, Apt. # 108, Mechanicsburg, Cumberland County, Pennsylvania, 17050. In addition, Defendant, Brittany L. Thompson, has a work address of East Pennsboro Plaza, 336 East Pennsboro Drive, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks primary physical custody and shared legal custody of the following minor child: Name Present Address Date of Birth Skyler Thompson-Baminger 4173 Grouse Court, Apt. #108 Enola, P A 17025 01/25/2003 Plaintiff and Defendant are the natural parents of the above mentioned minor child. The minor child was born out of wedlock. Document #264666 The minor child is presently in the custody of Defendant who is believed to reside at 4173 Grouse Court, Apt. #108, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Since birth, the minor child has resided with the following persons at the following addresses: Name Address Date * Since the birth of the minor child, the minor child has resided with the Defendant at approximately five different addresses with no permanent residence being more than five (5) days at a time. The mother of the minor child is Defendant, Brittany L. Thompson, who is believed to currently reside at 4173 Grouse Court, Apt. # 1 08, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The father of the minor child is Plaintiff, Trevor J. Baminger, who currently resides at 2 Kelly Court, Enola, Cumberland County, Pennsylvania, 17025. 4. The relationship of Defendant to the minor child is that of natural mother. The Defendant resides with the following persons: Name Relationship Unknown 5. The relationship of Plaintiff to the minor child is that of natural father. The Plaintiff currently resides with the following persons: Name Relationship Mr. and Mrs. Ron Baminger Father and Mother Tyler Baminger Brother Megan Baminger Sister -2- Document #264666 8. Each parent whose parental rights to the minor child have not been terminated and the person who has physical custody of the minor child have been named as parties to this action. WHEREFORE, the Plaintiff, Trevor J. Barninger, requests the Court to grant him primary physical custody and shared legal custody of the minor child. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By C-tl' Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ~-,~ -0 ~ -4- Document #264666 VERIFICATION I, Andrew C. Spears, Esquire, certify that I am the attorney for Plaintiff, Trevor J. Barninger, and that the facts set forth in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I further state that the Verification of Plaintiff, Trevor J. Barninger, cannot be obtained within the time required for the filing of this document, and that I am authorized to make this Verification. I further state that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. k Andrew C. Spears Dated: 3- 1) - ().~ Document #264666 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Complaint for Custody with reference to the foregoing action by first class mail, prepaid, this \d Jf... day of -1il Oft h ,2003, on the following: Brittany L. Thompson 4173 Grouse Court, Apt. # 108 Mechanicsburg, P A 17050 C J ( Andrew C. Spears, Esquire Document #264666 0 , ") c ~ <:. ~ ~ $ ~ '- $\... IN Ul "'\ W ~ " - \,.,., -.0 ~ .,;;.,> (~ oc__ ~ ~ .. -- :"_-.1 -..{, ~ . 1.1\ -.,.~ CJ --<... C TREVOR J. BARNINGER, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYL VANIA VS. BRITT ANY L. THOMPSON, Defendant :CUSTODY :NO. 2003- I j D I CIVIL TERM PRAECIPE TO ENTER APPEARANCE I, Joan Carey, of MidPenn Legal Services, enter my appearance as counsel of record for Brittany L. Thompson, Defendant in the above captioned case. 3/17 /o~~ " r Date ~Me~ Attorney at Law MIDPENN LEGAL SERVICES o s-~; c i~ ~' .- "'.. : :; co ::~J .~J TREVOR J. BARNINGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1101 CIVIL ACTION LAW BRITTANY L. THOMPSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, March 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Tuesday, April 15, 2003 , the conciliator, at 11 :00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will bt~ 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT, By: Isl Melissa P. Greevy. Esq. Custody Conciliator v The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ~_~ -$ ~ ~ f);J.yc-[" _-* t ~ ~ 82y::-E ~r::z~~ /'9 W-.5I5'-e ."" (" VIN7Ji1'C" /,.ii,I"',~,: f. 1'.-.;./\Ir'O I . L :-, : ("'1'-,,'1,/':\ .,"::::!G . ,r _ ,~.:: '/'j f.!'" f,\ ..." I,..) 2c :~? ;.,'._.! -.J C' ;~ ';'\ TREVOR J. BARNINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BRITTANY L. THOMPSON, Defendant NO. 03-1101 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 25th day of March, 2003, upon consideration of Plaintiffs Petition for Special Relief, it is ordered and directed as follows: 1. Neither party shall relocate the child's residence from Cumberland County, without prior order of com1; and 2. The balance of the issues raised in Plaintiffs petition are referred to the custody conciliation proC(~Ss, and the court administrator is requested to facilitate this refen~a1. BY THE COURT, J. Andrew C. Spears, Esq. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Attorney for Plaintiff Brittany L. Thompson 4173 Grouse Court, Apt. # 1 08 Mechanicsburg, P A 17050 Defendant, Pro Se ~ /I1A4.J.u~ 3. ;.5,03 ~ /J A .. A-I- a ~ - - ~ d I- ~ -- LttU/1.{ ~yj.c/.du:=_cl _3/J5J /l 3 Au r 1 '\r, i/!.~\"'.j \~rJ\ sr...I'J?d /." ""~-"'n" ..""':""'-'l,' fo.J .....". u:.:; ."1, -en J. ~. l \~ ... , f', ~ J :) '1;; ,...., '''1 . , '""~ "'I} 00 (.1",,;, (., :..:'C) APR 2 2 200~ fY TREVOR J. BARNINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1101 CIVIL TERM BRITTANY L. THOMPSON, CIVIL ACTION - LAW Defendant IN CUSTODY Oler, J. -- ORDER OF COURT AND NOW, this 2.lJ. day of April, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody: The parties, Trevor J. Barninger and Brittany L. Thompson shall have shared legal custody of the minor child Skyler Thompson-Barninger born January 25, 2003. 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 his health, education and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. 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. Physical Custody: The parties will share parenting time with the child in accordance with the following schedule which is structured in a two week rotation. A. Week One commences on April 19, 2003. On week one Father will have custody from 2:00 p.m. Saturday until 2:00 p.m. Tuesday and Mother will have custody from 2:00 p.m. Tuesday until 2:00 p.m. Saturday. B. Week Two commences on April 26, 2003. On week two Father will have custody from 2:00 p.m. Saturday until 2:00 p.m. Monday and Mother will have custody from 2:00 p.m. Monday until 2:00 p.m. Saturday. 3. Relocation: Neither party may relocate more than a thirty (30) minute drive from Enola, Pennsylvania without the express agreement of the other parent or further Order of Court. 4. Holidays: The parties will share time with the child on the holidays as they shall mutually agree. ~ '" 'VlNV^lASNN3d JJ.NnO~] (1i'~rn'F18~~~n~ 9S :2: ~~!d t12 tJdV SO Al:fllC:ik. =:ILL :10 3Jl,j:K)"-(]:~ ~ll:j NO, 03-1101 CIVIL TERM 5. matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this 6. The Custody Conciliation Conference shall reconvene on Monday, July 14, 2003, at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY THE COURT: ., ~ ~ s.k ,01.,.. t'., J. O;,t ~ew C. Spea<s, E,qu;,e, P.O. Box 5300,3211 North Fmnt Street, Ham'bu"" PA 17110-0:00 ~~~~ Carey, Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013 V ~/~ fP ~ ' ~ ~r-;. o TREVOR J. BARN INGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1101 CIVIL TERM BRITTANY L. THOMPSON, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 THE CUSTODY OF Skyler Thompson-Barninger January 25, 2003 Mother and Father 2. A Custody Conciliation Conference was held on April 15, 2003 with the following individuals in attendance: the Father, Trevor J. Barninger, and his counsel, Andrew Spears, Esquire; the Mother, Brittany L. Thompson, and her counsel, Joan Carey, Esquire. Father filed a Petition for Special Relief on March 25, 2003 which resulted an Order directing that neither party would relocate the child's residence from Cumberland County without further Order of Court. The remaining issues were referred to the custody conciliator. 3. The parties reached an agreement in the for elissa Peel Greevy, Esquire Custody Conciliator ~/ltI/)3 Date :212376 / JUL. 0 2 2003 TREVOR J. BARNINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1101 CIVIL TERM v. CIVIL ACTION - LAW BRITTANY L. THOMPSON, IN CUSTODY Defendant OLER, J. m ORDER OF COURT AND NOW, this .2. ') J day of July, 2003, upon consideration of the attached Custody Conciliation Summary Report, and it appearing that the parties are in need of a hearing, it is hereby ordered and directed as follows: 1. This Court's Order of April 23, 2003 shall remain in full force and effect, pending hearing or an agreement of the parties. 2. A hearing is scheduled in on Father's Complaint for primary physical custody of the minor child in Courtroom Number 1 of the Cumberland County Courthouse, on the ~n,.u day of ()-cto-{uz...u ,2003, at 9:31) _ o'clock 1.M., at which time testimony will be taken. For the purposes of the hearing, the Father, Trevor J. Barninger, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: eLL J. Wesley Ole Dis!: Andrew C. Spears, Esquire, P.O. Box 5300, Harrisburg, PA 17110-0300 ~ A.. .. :1..1 "-03../13 Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 U u~ /. q,. ~~"rI "7/3/t3 A.<....-- .f.. 'tIiNV^1ASNN3d ,uNncO nfTt:'l).j?8i^1m 2u:1/ I L"lI!','.; ',' " ^(JIj.l.,.;, '"" r 3CXJ';":i- ~-'I"lf' IYl I ':"'\..1 ...... , . JUL 0 2 2003 TREVOR J. BARN INGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1101 CIVIL TERM v. CIVIL ACTION - LAW BRITTANY L. THOMPSON, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 THE CUSTODY OF Skyler Thompson-Barninger January 25, 2003 Mother and Father 2. The parties' second Custody Conciliation Conference was held on July 1, 2003. The following individuals were in attendance: the Father, Trevor J. Barninger, and his counsel, Andrew Spears, Esquire; the Mother's counsel, Joan Carey, Esquire. The Mother did not attend. The Conciliation Conference was scheduled for this earlier date at Father's request due to some changes in circumstances that had been noted by the Father. 3. Father's position on custody is as follows: Father seeks primary physical custody of the child because since the April 15, 2003 Conference, Mother has again relocated twice. Additionally, he reports that Mother's present roommate has given her two weeks to find other housing arrangements. Father also represents that Mother has been fired from three employers since the April 15th Conference, two of which were allegedly due to her failure to show up for work. Father reports that Mother's present roommate has expressed concern that Mother goes out and leaves the child with her frequently. Father complains that the child is not being bathed and is frequently dirty when custodial exchanges occur. Father reports that Mother has become angry with him regarding his request to move the Conference date and was yelling and cursing in the presence of the child. He also alleges that she has come to his home, banged on the door cursing and has caused the landlord to tell him that if she appears again that he intends to call the police. Father reports that when he spoke with Mother on June 28, 2003 she indicated to him that she planned to relocate to Texas and that she was going to present her request to do so at today's Conciliation Conference. Father is still employed at the Enola Sportsmans Club. Approximately a month ago, he received a promotion to the kitchen manager. He continues NO. 03-1101 CIVIL TERM to work approximately 45 hours a week. Father has relocated from his parents' home and now resides in a four bedroom town home in Enola with his girlfriend and her three year old daughter. 4. Mother's position on custodv is as follows: Mother did not appear for the Conference, therefore her present position is not known. However, her counsel represented that she had last spoken with her client on June 18, 2003 and at that time the client was indicating a desire to relocate to Arizona. Mother's counsel did not have authority to make any agreements with regard to the changes in custodial schedule that Father desires. Mother's counsel indicated that she intends to file a Petition for a Plowman hearing because of Mother's desire to relocate out-of-state. During the time of the Conference, the Conciliator attempted to reach Mother by contacting her at work and home telephone numbers without success. 5. Inasmuch as Father seeks to have the Court transfer primary physical custody to him and Mother's counsel has indicated her intention to file a Petition for relocation, the matter is referred to the Court for hearing. Counsel expect the hearing will take one day. 1/ /0 ~ , I /.}~ ~ Melissa Pee Greevy, Esquire Custody Conciliator Date :215507 TREVOR J. BARNINGER, Plaintiff IN THE COURT OF C0M1v10N PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW BRITTANY L. THOMPSON, Defendant NO. 03-1101 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of October, 2003, upon relation of counsel, Andrew C. Spears, Esq., attorney for Plaintiff, and Joan Carey, Esq., attorney for Defendant, that the parties have amicably resolved the issues to be litigated at the hearing and that an agreed- upon order will be presented to the court by counsel for entry in the matter, the hearing scheduled for October 2, 2003, is cancelled. BY THE COURT, Andrew C. Spears, Esq. P.O. Box 5300 Harrisburg, P A 17110-0300 Attorney for Plaintiff esley Oler, Joan Carey, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Defendant . M.F'~ JIJ. 03 ()-3 c;~. :rc . . ViNVfilASNN3d AlNf1C(: !'~.:'n':';8~~n:) 6, =2 ~r,~,3 ? ,- IJU 11.'."(.,/.,.".;,,, ' I\t:!Y".I~,../ 't\),' L., ..;in ...\-' :C!.:.UC: ( i~Yl: '-..;--1 TREVOR J. BARNINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CNIL ACTION - LAW NO. 03-1101 BRITTANY L. THOMPSON, Defendant IN CUSTODY STIPULATED CUSTODY AGREEMENT WHEREAS, Trevor J. Baminger (hereinafter referred to as "Father") and Brittany L. Thompson (hereinafter referred to as "Mother") are the natural parents of Skyler Thompson- Baminger, DaB: 01/25/2003 (hereinafter referred to as "the Minor Child"). WHEREAS, Mother and Father desire to make arrangements for the custody of and visitation with the Minor Child; WHEREAS, both parties have had the opportunity to be advised by counsel; and WHEREAS, the parties intend to submit this Stipulated Custody Agreement to the Court of appropriate jurisdiction for incorporation and merger into a Court Order approving said Agreement. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, as follows: Legal Custodv I. Mother and Father shall have 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, nonemergency decisions affecting the Minor Child's general well-being including, but not 289788-1 limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. ~ 5309, each parent shall be entitled to all records and information pertaining to the Minor Child including, but not limited to, medical, dental, religious or school records, and the resident address of the Minor Child and of the other parent. 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. Phvsical Custodv 2. The parties have agreed that Father shall have primary physical custody of the Minor Child. The parties have further agreed that Mother shall have partial physical custody of the Minor Child, as agreed upon by the parties. 3. The parties agree that the holiday schedule will be decide only upon mutual agreement ofthe parties. 4. The parties agree to cooperate with one another in the implementation of the aforesaid Agreement and understand and agree that other changes or modifications in the aforesaid schedule, at times specified, may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the Minor Child. To that end, the parties agree to cooperate with one another to encourage the Minor Child's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the Minor Child's relationship with either parent. Neither party shall make disparaging comments about the other in front of the Minor Child; nor will they permit any other relative or any other third party to do so. -2- 289788-1 5. Upon knowledge of pending relocation of either parent, temporary or permanent, each parent must inform the other of their town of residence and telephone number within thirty (30) days. 6. During any period of custody, the parties to this Agreement shall not possess or use any controlled substances; nor shall they smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with these prohibitions. 7. Both parties agree that neither party shall remove the Minor Child from the Commonwealth of Pennsylvania for an extended period of time without prior notification and approval of the other party. 8. Both parties agree that this Agreement may only be modified by mutual expressed agreement of the parties or through a further Order of Court. 9. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 10. The parties agree that the Minor Child shall have liberal rights oftelephone contact with the noncustodial parent, no matter who is exercising hislher right to physical custody. This Agreement shall be effective immediately upon signature by both parties, and its validity is not contingent upon Court approval. - 3 - 289788-1 WHEREFORE, the parties pray that the Court enter the Order attached hereto. We verify that the statements made in this Agreement are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: OJ. klo c( 7'~ P -;-~ -- Trevor 1. B~ ~ ( ~ Date: ~!$101 L371a~~ ) Brittany L. ompson -4- 289788-1 n c- (~-;~ , L.::. -.j -< "" (:.;::> = .r- .." rq 0::> o ..... ..... :r: "J nl-' C-- .om -09 ~(':? ~~;H -~I.,; t-::; ill -~ ",. cn '< \.0 -0 =;;: r:-:' D TREVOR J. BARNINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CNIL ACTION - LAW NO. 03-1101 BRITTANY L. THOMPSON, Defendant IN CUSTODY ORDER OF COURT J~ <.( - AND NOW, this l.L ayof ~ ( L., , 2004, upon review and consideration of the Stipulated Custody Agreement of the parties, a copy of which is attached hereto, said Agreement is hereby APPROVED, ADOPTED, MERGED and INCORPORATED herein as the Order of this Court. BY THE COURT: '-j -.1 ! ! i , ! , / ~ /~ );,/C'JII: <--- J. f.,- l/' cc: Andrew C. Spears, Esquire, Attorney for Plaintiff Joan Carey, Esquire, Attorney for Defendant ~ ~$-O')'.lJ'f y. 289788-} >- c::: ~ t,w9 sa H::c 0>- .to ocr l.uo.: r.dtw -;:c >- ~ I.n i':: ~j-t oJ; (J:;;~ ;j~ u..J{b _~-CL [5 M :ll: a.. N I 0:: ...: :c -'I" = = "" TREVORJ. BARNINGER, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-lIO! CIVIL ACTION BRITTANY L. THOMPSON, DefendantIPetitioner : CUSTODY PETITION TO MODIFY CUSTODY The Petitioner, Defendant, Brittany Thompson, by and through her counsel, MidPenn Legal Services, respectfully represents the following in support of her petition for modification: I. Defendant/Petitioner is Brittany Thompson, hereinafter referred to as Mother, who resides at 1112 Columbus Avenue #9, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Plaintiff/Respondent is Trevor Barninger, hereinafter referred to as Father, who resides at 417 East Coover Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. On February 29,2004, an Order of Court was entered for custody of the parties' minor child, Skyler Thompson-Barninger, born January 25,2003. A true and correct copy of that Order is attached as "Exhibit A". The Order in pertinent part grants the parties shared legal custody of Skyler. Father has primary custody of Skyler while Mother has periods of partial physical custody at times agreed upon by the parties. 4. Mother seeks a modification of the current Order to better serve Skyler's best interests and to establish a more specific custody schedule that accommodates both parties' schedules. 5. Skyler's best interests will be served by granting Mother's request for a modification because: a. Since the entry of the February 2004 Order, Mother regularly exercised her periods of partial custody on a weekly basis. b. The parties were able to agree to Mother's periods of partial custody until " February 14,2005, when Mother sought to return Skyler early because Mother was ill and did not want to expose Skyler. Father was angry because this interfered with his plans and he then refused to allow Mother to see Skyler for one month. Father then allowed Mother to see Skyler once or twice a week beginning in March 2005. c. Mother is concerned that Father will continue to make arbitrary decisions regarding when Mother can have periods of partial custody, based solely on whether he is upset with Mother. d. Mother is gainfully employed and has an apartment that is a safe and stable environment for Skyler to spend time in. e. Setting forth a more specific custody order will allow the parties to better plan their schedules and will provide Skyler with a more structured arrangement that ensures time with both parents. 6. Pursuant to C.C.R.P. 206-4, Mother's counsel sought the concurrence of Father's counsel, Jennifer Spears, Esquire, who indicated that she does not concur with the reliefrequested. , WHEREFORE, Mother respectfully requests this Court to modify the existing Order for Custody and grant Mother specific periods of partial physical custody. Respectfully s~itte' //)/ I // . Jess' a olst, Esquire Mi Penn Legal Services 401 E. Louther Street - Suite 103 Carlisle, P A 17013 (717) 243-9400 , VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the attached Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~~ . TREVOR J. BARNINGER, Plaintiff/Respondent BRITTANY L. THOMPSON, DefendantIPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03.110 1 CIVIL ACTION : CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Petitioner, Brittany Thompson, hereby certify that I have served a copy of the foregoing Petition for Modification on the following date and in the manner indicated below: Date: D;(t?fnb~' Yi ZU(jJ' U.S. First Class Mail, Postage Pre-Paid Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 c. Jessi Holst, Esquire Mi enn Legal Services 401 E. Louther Street - Suite 103 Carlisle, P A 17013 .--.'" '.") :::...\ ,. I C (.! ,---1 c:: o TREVOR J. BARNINGER, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-1101 CIVIL ACTION BRffTANY L. THOMPSON, Defendant/Petitioner : CUSTODY PRAECIPE TO PROCEED IN FORMA P AUPERlS To the Prothonotary: Kindly allow, Brittany Thompson, Petitioner, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal ~7 .",/ ices to the party. Je lca 0 st, Esquire idPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ----- -,.- :-j ,~ - TREVOR J. BARNINGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-110] CIVIL ACTION LAW BRITTANY 1.. THOMPSON lN CUSTODY DEFFNDANT ORDER OF COURT AND NOW, Friday, December 16, 2005 , upon consideration of the attached Complaint, it is hereby dirccted that parties and their respective counsel appear beforc Melissa P. Greevy, Esq. . the conciliator, at MDJ Manlove's, 19.~I_State St., CaDlI'..lfi!l, PA !70!L on Friday, January 20, 2006 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disputc; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to entcr into a temporary ordcr. All childrcn agc fivc or oldcr may also bc prcscnt at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl(. FOR THE COURT. By: isi Melissa P. CreeV)'., Esq. Custody Conciliator F The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TH1S PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pcnnsylvania 17013 Telephone (717) 249-3166 ~ .fr;'7 ~ ~ J;7,1;/1'/ c>?~ $zV 7 ~ ~tt;5(/;/, Ci Y /" 'W -?- ~ ~.7 1?7{7 ..)17 J/ e; \'IN'/!\:l.\8NN3d JJ.N!)(Y', ,C"'H?8INr1:J I'........ S lJ :ZII-ld 61 330 SOOZ AtN10NOriJOdd 3Hl :10 30i:l~CH'J31Id .' lr\\ ':; r . Plaintiff IN THE COURT OF COMMO~LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1101 CIVIL TERM TREVOR J. BARNINGER, v. CIVIL ACTION - LAW BRITTANY L. THOMPSON, IN CUSTODY Defendant OLER, J. --- ORDER OF COURT AND NOW, this ~ day of -Fe L,. , 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The partial custody provided for in the Order of February 29, 2004 shall be arranged as follows: A. Effective January 22, 2006, Mother shall have custody each week from Sunday at 10:00 a.m. until Monday at 10:00 a.m. B. Effective January 27, 2006, each week Mother shall have custody from Friday at 6:30 p.m. until Saturday at 3:00 p.m. 2. Mother shall provide all transportation incident to the custodial exchanges which occur on Friday, Saturday and Sunday. Father shall provide transportation incident to the ending of Mother's custodial period on Monday mornings. 3. Mother shall place a call to Father confirming her intent to exercise her Friday custodial period by 11 :00 a.m. on Wednesdays. Mother shall place a call to Father confirming her intent to exercise Sunday periods of custody by Fridays at 11 :00 a.m. 4. Easter 2006. Mother's custodial period for Easter Sunday 2006 shall not commence until noon or after Father's family dinner has occurred. 5. The Custody Conciliation Conference shall reconvene on April 21, 2006, at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 Slate Street, Camp Hill, PA 17011. Z I :01 \.P1 2 - 83:.1 9UUl A' ti' I, (I .. II ,,,"," , ."Hl ::IG' '-1, ,,\': .,..". ,"-j" , .~....\ ,..../j ,.,~'.....',,~ ....<1 38'i::!.:!O"{J:TBJ , NO. 03-1101 CIVIL TERM 6. Mother shall contact Parent Works no later than January 31, 2006 to begin working with the staff on understanding the developmental needs of the parties' daughter and to obtain assistance in parenting the child when she does not want to go to bed. Oist: Jessica Holst, Esquire, 401 E. Louther Street, Suite 103, Carlisle, PA 17013 Jennifer L. Spears, Esquire, 10 East High Street, Carlisle, PA 17013 >c. - ~ .;<.D,)-O(.. ~ Q-, \. 1 r, \i ~J ;, ,'~ i_.J , Plaintiff rt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1101 CIVIL TERM TREVOR J. BARNINGER, v. CIVIL ACTION - LAW BRITTANY L. THOMPSON, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 THE CUSTODY OF Skyler Thompson-Barninger January 25, 2003 Father 2. The Mother filed a Petition to Modify Custody on or about December 12, 2005. The Custody Conciliation Conference was scheduled for January 20, 2006. Attending the conference were: the Mother, Brittany L. Thompson and her counsel, Jessica Holst, Esquire; the Father, Trevor J. Barninger, and his counsel, Jennifer L. Spears, Esquire. The last Order entered in this matter was February 29, 2004. 3. Mother's position on custody is as follows: Mother reports that the parties have had some disagreements within the last year with regard to her periods of partial custody. The present Order provides no schedule. Mother reports that in February of 2005 she returned the child early from a period of custody because she was ill. This was inconvenient to Father whom she reports withheld the child for a period of one month. She claims that she has been exercising at least one overnight period of custody per week when Father has permitted it. Mother has a diary in which she has been keeping of her contacts with the child. Last year, Mother was very involved with caring for her terminally ill Mother and did not spend as much time with the parties' daughter as a result. She is now living in a four bedroom home with her step-father and boyfriend and would like to expand her periods of custody to two (2) overnights per week. \. , NO. 03-1101 CIVIL TERM 4. Father's position on custodv is as follows: Father reports that at times Mother has returned the child because she cannot handle responsibility of parenting her when she has difficulty getting her to go to sleep at night. He complains that she is unreliable and inconsistent in maintaining contact with the parties' daughter. He has a calendar in which he has kept a diary of Mother's contact. Father does not want to be bound to produce the child on a given schedule because of his perception that Mother will not follow through on a consistent basis. Father does not believe that he should have to give up custody of the child on his days off and perceives the schedule recommended by the Conciliator as giving Mother four (4) custodial days. Father was offered the opportunity to have a hearing before the Court to address the recommended Order. However, he declined. In particular, Father disputes the Conciliator recommendation that Mother be allowed to have custody on Sunday overnight to Monday even though he works until 8:00 p.m. on Sundays. It would be his preference that the child be returned by 8:00 p.m. 5. The parties agreed that they would try the recommended schedule and return in April 2006 to see how Mother's follow through has been. The Conciliator's recommended Order includes Mother's participation in Parent Works and a provision requiring her to call to confirm her custodial time in advance so that Father can make alternate plans if Mother will not be participating in her periods of custody. The Conciliator's recommended Order is attached. 11J.fQ lor Date Melissa Peel Greevy, Esquir Custody Conciliator :267496 ~~~_~:"_<',(~' -, "-,'"'\l ,~.~_) Plaintiff APR 2 8 2006 ' IN THE COURT OF COMJb~ PtEAS=6F-~J CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1101 CIVIL TERM TREVOR J. BARNINGER, v. BRITTANY L. THOMPSON, CIVIL ACTION - LAW IN CUSTODY Defendant ORDER AND NOW, this 21st day of April, 2006, the Father, having left a message at the Conciliator's office, that he and Mother have reached an agreement to leave the custodial schedule provided in this Court's most-recent Order intact and Mother's counsel having confirmed that her client is in agreement that the Order remain as written, the Conciliation Conference for April 21, 2006 is hereby CANCELED. This Court's Order dated February 1, 2006 shall remain in full force and effect pending further modification by the Court or a mutual agreement of the parties. BY THE COURT: Djs\: 62 :01 HV Z- ),'JH gaDZ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1101 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TREVOR J. BARNINGER, v. BRITTANY L. THOMPSON, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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: DATE OF BIRTH CURRENTLY IN THE CUSTODY OF NAME Skyler Thompson-Barninger January 25, 2003 Father 2. A follow-up Custody Conciliation Conference was scheduled for April 21, 2006. 3. Mother's position on custody is as follows: Mother's counsel reports that Mother is satisfied to leave the present Order unchanged. 4. Father's position on custody is as follows: Father left a message at the Conciliator's office on the morning of the conciliation that the parties had agreed that they did not need to attend the conciliation. 5. Accordingly, the prior Order will remain unchanged. Jy Melissa Peel Greevy, Esqui e Custody Conciliator Date :274155 TREVOR J. BARNINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 03-1101 Civil Term BRITTANY L. THOMPSON (n/k/a BRITTANY L. GORDY), Defendant : CIVIL ACTION : CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Defendant/Petitioner, Brittany L. Gordy, by and through her attorney, Joseph D. Caraciolo, Esquire and Foreman & Foreman, PC, and files the instant Petition and in support thereof, avers as follows: 1. Defendant/Petitioner is Brittany L. Gordy, previously known as Brittany L. Thompson, hereinafter referred to as "Mother", who currently resides at 200 Creekwood Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Plaintiff/Respondent is Trevor J. Barninger, hereinafter referred to as "Father", who currently resides at 17 E. Coover Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Skyler Thompson-Barninger, born January 25, 2003, is the subject minor child of this litigation. 4. On February 1,2006, the Honorable J. Wesley Oler, Jr. of the Court of Common Please of Cumberland County entered an Order of Court regarding custody of the minor child. A copy of the Order of Court is attached hereto, marked Exhibit "A" and made a part hereof. 5. In accordance with the Judge's February 1, 2006 Order, Mother has partial custody from Sunday at 10:00 a.m. until Monday at 10:00 a.m. and Friday at 6:30 p.m. until Saturday at 3 :00 p.m. 6. Mother desires to have greater contacts with the subject minor child and is in a position to care for the child on a greater basis. 7. The child would benefit from spending greater periods of time with his mother, stepfather, and grandfather, who all reside at Defendant/Petitioner's residential address. 8. Additional periods of custody with Mother will not be overly burdensome to Father whose work schedule regularly interferes with Father's periods of custody with the child. 9. The best interest and permanent welfare of the subject minor child will be served by granting the relief requested as previously indicated. WHEREFORE, DefendantlPetitioner respectfully requests this Honorable Court modify the existing Order for custody of the subject minor child granting DefendantlPetitioner greater periods of custody as is the best interest of the child. Date: (01/7(0' e D. Caraciolo, Esquire reman & Foreman, P .C. 12 Market Street, 6th Floor Harrisburg, Pennsylvania 17101-2015 ID# 90919 Tel. (717) 236-9391 TREVOR J. BARNINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 03-1101 Civil Term BRITTANY L. THOMPSON (n/k/a BRITTANY L. GORDY), Defendant : CIVIL ACTION : CUSTODY VERIFICATION I verify that the statements made in this Petition for Modification of Custody Order are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: IO/17!IJG Signature: A~tii~~ BRITTAN . THOMPSON n/k/a Brittany L. Gordy TREVOR J. BARNINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 03-1101 Civil Term BRITTANY L. THOMPSON (n/k/a BRITTANY L. GORDY), Defendant CIVIL ACTION : CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition for Modification of a Custody Order in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing a copy of the same, first class mail, postage repaid and addressed to the person named as follows: Jennifer L. Spears, Esquire 10 East High Street Carlisle, PAl 7013 Date: rolrl/de 1 e D. Caraciolo, Esquire or man & Foreman, P.C. 112 Market Street, 6th Floor Harrisburg, Pennsylvania 17101-2015 ID# 90919 Tel. (717) 236-9391 .... ! r, .,.. l Plaintiff IN THE COURT OF COMMO~LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1101 CIVIL TERM CIVIL ACTION - LAW TREVOR J. BARNINGER, v. BRITTANY L. THOMPSON, IN CUSTODY Defendant OLER, J. --- ORDER OF COURT AND NOW, this ~ day of _~ b. , 2006, upon consideration of the attached Custody Conciliation Summary Report, it IS hereby ordered and directed as fa lIows: 1. The partial custody provided for in the Order of February 29, 2004 shall be arranged as follows: A. Effective January 22, 2006, Mother shan have custody each week from Sunday at 10:00 a.m. until Monday at 10:00 a.m. B. Effective January 27, 2006, each week Mother shall have custody from Friday at 6:30 p.m. until Saturday at 3:00 p.m. 2. Mother shall provide all transportation incident to the custodial exchanges which occur on Friday, Saturday and Sunday. Father shall provide transportation incident to the ending of Mother's custodial period on Monday mornings. 3. Mother shall place a call to Father confirming her intent to exercise her Friday custodial period by 11 :00 a.m. on Wednesdays. Mother shall place a call to Father confirming her intent to exercise Sunday periods of custody by Fridays at 11 :00 a.m. 4. Easter 2006. Mother's custodial period for Easter Sunday 2006 shall not commence until noon or after Father's family dinner has occurred. 5. The Custody Conciliation Conference shall reconvene on April 21, 2006, at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. EXHIBIT "A" ~ NO. 03-1101 CIVIL TERM 6. Mother shall contact Parent Works no later than January 31, 2006 to begin working with the staff on understanding the developmental needs of the parties' daughter and to obtain assistance in parenting the child when she does not want to go to bed. Dist: Jessica Horst, Esquire, 401 E. Louther Street, Suite 103, Carlisle. PA 17013 Jennifer L. Spears, Esquire, 10 East High Street, Carlisle, PA 17013 >~~ ~ ,;L. D,) .0'- o ~7fL ~ ~ ~ ~ ....c ~ ~ ~ B ~ 1:- ~ (') ~)~ l"1'~1 ;--.;~ ::~ J- z,' f.r, ~;" .~/ .., ,....;:- ';"~ }:~: -~,~... j; ~ 0 c=> -n c::I" o -i ("") ffl :n : ~~ -0 ':C ::Ii ::x~:~o c=.)m ~ ?E Ul -< TREVOR J. BARNINGER, Plaintiff v. BRITT ANY L. THOMPSON (n1k/a BRITTANY L. GORDY), Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 03-1101 Civil Term : CIVIL ACTION : CUSTODY ENTRY OF APPEARANCE Please enter the appearance of the undersigned, Joseph D. Caraciolo, Esquire, as attorney for the Defendant/Petitioner, Brittany L. Thompson, n/k/a Brittany L. Gordy, with regard to the above captioned matter. Date:/O/I~/o' /" D. C 010, Esquire Fo man & Foreman, P.C. 112 Market Street, 6th Floor Harrisburg, Pennsylvania 17101-2015 ID# 90919 Tel. (717) 236-9391 a c ~ -00) ~;~~- (J""'! ".": -<- r: <.- ~8 ~ ,-...;) = = C7"' o (J --I ~ ~,-n 1"1 - 11~ "::;0 '~"2 -r ~ . 1..-,1 '20 -"'-10 ~ ~ \.D '"'0 :3t W .. W (..;"1 TREVOR 1. BARNINGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1101 CIVIL ACTION LAW BRITTANY L. THOMPSON (N/K/ A BRITT ANY L. GORDY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 25, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Wednesday, November 15, 2006 at 2:30 PM 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinj!. FOR THE COURT. By: Isl Melissa P. Greevy, Esq. Custody Conciliator ilJL The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ fpv ~ /'fr'W ~ 11:Nt: 01 ~f;:? 't ~ _~U-, CjrJ-/[:()! ~ ~?-~~'r"9 ~'IF-OI > \/i,j\-;//f'!;l,.,S >'J !',J'::fr1 ,1JJ\l('l('..'t~-' - :::;":-..~rdnl"'\ ~ !'~') 'II .\J B S : II ~Jli 18 1:30 900l ;' ,1\)1 [Y" ".'<',i ""-' l 1 ~ ,0 v J..\);'~"-KU.u::O ;:jHl :l0 38J,j~71(~~"Ojlfj REVOR J. BARNINGER, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. RITTANY L. THOMPSON n/k/a BRITTANY L. GORDY), Defendant :CIVIL ACTION : CUSTODY :NO. 03-1101 Civil Term ENTRY OF APPEARANCE Please enter my appearance on behalf of Trevor J. Barninger. ate: III g lOb -/;?,~ {{~ Mary A. Etter Dissinger, Es re Supreme Court ID #27736 28 N. 32~ Street Camp Hill, PA 17011 (717) 975-2840 c: Melissa Greevy, Custody Conciliator Jennifer L. Spears, Esquire Joseph D. Caraciolo, Esquire o -'I C.J ,t-:'- .,""" '-,... (..n MOV '0 ZIII t),.-- ~ -r ..., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1101 CIVIL TERM TREVOR J. BARNINGER, v. CIVIL ACTION - LAW BRITTANY L. THOMPSON, N/KlA BRITTANY L. GORDY IN CUSTODY Defendant OLER, J. --- ORDER OF COURT AND NOW, this --1.s.:l day of D, /" - , 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES and replaces this Court's Order of February 1, 2006. 2. Leaal Custodv. The parties, Trevor J. Barninger and Brittany Thompson Gordy, shall have shared legal custody of the minor child, Skyler Thompson Barninger, born January 25, 2003. 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 their health, education and religion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. 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. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 3. Phvsical Custodv. A. Commencing November 16, 2006, Mother shall have custody each week from Thursday at 10:00 a.m. until Sunday at 10:00 a.m., except for one weekend per calendar month. If Father would like to have a weekend overnight occurring from Friday overnight until Saturday, or from Saturday overnight until \.li ,i \ i1~j. 'll., "''''1)', .('; 11\ !}, f:J J (f ~ 't 1 ,,!.l ...! ~1 '(1 1 1 [\I("\....:,r , . '-'. '~n' ';;;';;"~Jnl"\ l\J...i\H Ii"",i',; '. <.+.:-:::~ <'::-'"':;'.~i~/~ hJ r S :2 Wd iJ- 330900l Ab'Vl(),'~Oi;j.C;cd 3Hl jO 301.ii(;-031Ij .. If" - \ NO. 03-1101 CIVIL TERM Sunday, he will notify Mother by Monday of the week preceding the weekend to exchange with her custodial time to occur on either Saturday overnight to Monday or Monday overnight to Tuesday of the week immediate following his requested weekend custodial time. B. When Mother does not have custody, Father will have custody. 4. In the event either party is unavailable to provide care for the child during his or her period of custody for more than four (4) hours, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. 5. The parties will contact a therapist to initiate co-parent counseling for which they will share unreimbursed expenses equally. The contact to make their first appointment shall occur no later than November 20,2006. 6. Transportation. The parent receiving custody shall provide transportation incident to the custodial exchange. 7. Holidavs. A. Thanksaivina. The parties will share Thanksgiving Day each year as follows: Father will have custody from 9:00 a.m. until 3:00 p.m. and Mother will have custody from 3:00 p.m. until 9:00 p.m. B. Christmas. In even-numbered years, Mother will have custody on Christmas Eve from 8:00 p.m. until December 25th at 8:00 p.m. In odd-numbered years, Father will have custody on Christmas Eve from 8:00 p.m. until December 25th at 8:00 p.m. The preceding holiday schedule shall supercede the regular schedule. 8. A telephone conference with counsel will be initiated by the Conciliator on December 19, 2006 at 3:00 p.m. Dist: Mary A. Etter Dissinger, Esquire, 400 S. State Road, arysville, PA 17053 \ I /7 . Joseph D. Caraciolo, Esquire, 112 Market Street, 6th Floor, Harrisburg, PA 17101/ /.) -cf -" J V ~ ( .~ /frl-..~-tL y1) " 1'1 TREVOR J. BARNINGER, Plaintiff/Petitioner :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. BRITTANY L. THOMPSON (n/k/a BRITTANY L. GORDY), Defendant/Respondent :CIVIL ACTION : CUSTODY :NO. 03-1101 Civil Term PETITION FOR EMERGENCY RELIEF And now comes Trevor Barninger, by and through his attorney, ary A. Etter Dissinger, and requests the Court to schedule a earing and in support of the petition avers as follows: Petitioner is Trevor J. Barninger. Respondent is Brittany L. Thompson (n.k.a. Brittany L. Gordy). The parties are the parents of a child, Skyler Wesley Barninger, born January 25, 2003. Respondent filed a petition to Modify Custody and a custody conference was held before the conciliator, Melissa Greevy, Esquire, on November 15, 2006. At the conference, Respondent raised allegations of child neglect and child abuse claiming that Petitioner's girlfriend had struck the child. 6. peti tioner herein raised allegations of child neglect and child abuse by Respondent herein in that she refused to allow him to examine the child when she returned the child from a visit on December 25, 2004, and after she had left, he and his guests discovered scratch marks on the child's neck. 7. At the custody conciliation conference, petitioner herein complained that when he went to the police about his concerns for his child's well-being, he was told that they could not investigate it because it had not happened recently, although it had happened just the day before. 8. At that time Petitioner's then counsel, advised him not to report it to Children and Youth. Despite the accusations and allegations by both parties against each other and their respective acquaintances, they entered into an Agreement which is reflected in the Order of Court dated December 1, 2006. (See attached Exhibit ~A") O. The parties agreed to engage in counseling for co-parenting and to share this expense equally. 1. At the conference, the parties agreed to utilize the services of Kurtz Cockley, with Alpha Group. 2, petitioner made arrangements for the counseling sessions and then notified Respondent herein of the earliest date the counselor was available. 3. Respondent herein indicated that because she was working, the date would not work and Respondent notified peti tioner a counseling session was scheduled for Friday at 1:00 p.m. 4. Petitioner was unable to confirm this, but went to the session at 1:00 p.m., and Respondent failed to attend. 15. On November 30, 2006, Respondent called petitioner and indicated she would not be going to counseling because she was not paying half the cost. 16. After a call from Petitioner's counsel to Respondent's counsel, Respondent began attending the sessions. 17. Under the agreed Order, Mother was to have the child for Thanksgiving, November 23, 2006, from 3:00pm until 9:00pm. 18. Respondent called Petitioner November 23, 2006, and told him the Court Order permitted her to keep the child through Sunday night. 19. petitioner did not agree, but had no Order in hand, so he allowed it to occur. 20. That Sunday, Respondent called and asked if she could keep the child through Monday at noon, because the child " was having so much fun, with her aunt and his cousins," which was untrue and in exchange Petitioner would get Respondent's Friday and Saturday that week. 1. petitioner agreed to the trade of custody time. 2. During the extension of time, Respondent took the child to Children & Youth and it is Petitioner's belief that she filed an allegation of child abuse and child neglect against him for incidents discussed a.t the custody conference immediately prior to entering into the agreed Order on November 15, 2006 set forth as the Court Order of December 1, 2006. 23. petitioner believes that Respondent has filed an allegation of abuse with Children & Youth on November 27, 2006, to circumvent compliance with the agreement she entered into on November 15, 2006, in the Conciliator's office. 24. The allegations made to Children & Youth were of such a nature that Children & Youth instructed Petitioner herein to take the child to Respondent's home on November 27, 2006. 25. Children & Youth called petitioner and gave him only thirty (30) minutes to take the child to Respondent's home. 26. petitioner herein complied with the directive of Children & Youth. 7. petitioner herein was told by Children & Youth that the police and their office would coordinate an investigation. 8. To this date petitioner has not been contacted by Children and Youth nor by the police department to conduct an investigation into the allegations. 9. Although Children & Youth has informed petitioner that he may have visitation with' the child so long as his mother supervises the visitation (See attached Exhibit UB"), and he has made this known to Respondent, Respondent refuses to allow petitioner any contact with the child except when the child is in her home. o. It is Petitioner's belief that Respondent has filed a report naming him as the perpetrator, even though at the custody conciliation conference she alleged that another individual harmed the child, and Petitioner believes that this was done for purposes of avoiding compliance with an Order she agreed to and to boost her position in regard to her desire to have primary physical custody of the child. Wherefore petitioner respectfully requests that his custodial eriods, as set forth in th~ agreed Order of December 1, 2006, be 'mmediately reinstated, and that he be awarded counsel fees if it 's established that Respondent filed allegations with Children & outh that were raised at the custody conference. NEW MATTER petitioner herein requests counsel fees as a sanction against espondent and in support of that avers as follows: 1. petitioner believes that Respondent filed a false report with Children & Youth naming him as the perpetrator of abuse on the child. 2. At the custody conference on November 15, 2006, Respondent herein named a friend of Petitioner's as an alleged abuser of the child. 3. Despite the allegations raised at the conciliation conference, Respondent entered into an agreement at the custody conciliator's office which has become an Order of Court dated December 1, 2006. 4. petitioner believes that Respondent filed a report against him with Children & Youth to avoid complying with an agreed Order. 35. petitioner believes that the allegations made about him to Children & Youth are for incidents that arose prior to the entry of the agreed Order. 36. petitioner has been put to significant legal expense as a result of Respondent's machinations. Wherefore, Petitioner respectfully requests that all counsel fees incurred since the custody conference on November 15, 2006, be reimbursed to him in full by Respondent. Respectfully submitted, DISSINGER AND DISSINGER /;1~ fA'{~j~~~~ Mary A. Etter Dissinger, E quire Supreme Court ID #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 c: Joseph D. Caraciolo, Esq. - 6th Floor Veterans Building 112 Market Street, Harrisburg, PA 17101-2015 II VERIFICATION I, Trevor J. Barninger, 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. ate: 17-/1> 10& ~ Trevor . . ,~ .~. lilY 10 11m TREVOR J. BARNINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMt3'ERLAND yOUNTY, PENNSYLVANIA NO. 03-1101 CIVIL TERM v. CIVIL ACTION - LAW BRITTANY L. THOMPSON, N/KlA BRITTANY L. GORDY IN CUSTODY Defendant OLER, J. --.;. , ORDER OF COURT AND NOW, this /5-1 day ofDt' L- , 2006, upon consideration of the attached Custody Concili~tion Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES and replaces this Court's Order of February 1, 2006. 2. Leaal Custody. The parties, Trevor J. Barninger and Brittany Thompson Gordy, shall have shared legal custody of the minor child, Skyler Thompson Barninger, born January 25, 2003. 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 their health, education and religion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, denta" religious or school records, the residence address of the child and of the other parent. 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. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after 'discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 3. Phvsical Custody. A. Commencing November 16, 2006, Mother shall have custody each week from Thursday at 10:00 a.m. until Sunday at 10:00 a.m., except for one weekend per calendar month. If Father would like to have a weekend overnight occurring from Friday overnight until Saturday, or from Saturday overnight until EXHIBIT j ":a" . \ NO. 03-1101 CIVIL TERM Sunday, he will notify Mother by Monday of the week preceding the .weekend to exchange with her custodial time to occur on either Saturday overnight to Monday or Monday overnight to Tuesday of the week immediate following his requested weekend custodial time. B. When Mother does not have custody, Father will have custody. 4. In the event either party is unavailable to provide care for the child during his or her period of custody for more than four (4) hours, that party shall first make a reasonable effort. to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers: . 5. The parties will contact a therapist to initiate co-parent counseling for which they will share unreimbursed expenses equally. The contact to make their first appointment shall occur no later than November 20. 2006. 6. Transoortation. The parent receiving custody shall provide transportation incident to the custodial exchange. 7. Holidavs. A. Thanksaivina. The parties will share Thanksgiving Day each year as follows: Father will have custody from 9:00 a.m. until 3:00 p.m. and Mother will have custody from 3:00 p.m. until 9:00 p.m. B. Christmas. In even-numbered years, Mother will have custody on Christmas Eve from 8:00 p.m. until December 25~h at 8:00 p.m. In odd-numbered years, Father will have custody on Christmas Eve from 8:00 p.m. until December 25th at 8:00 p.m. The preceding holiday schedule sha.ll supercede the regular schedule. 8. A telephone conference with counsel will be initiated by the Conciliator on December 19, 2006 at 3:00 p.m. BY THE COURT: t5t J LJes fe '5 ()f-"r. i r. J. Wesley ler, Jr., J. Dist: Mary A. Etter Dissinger, Esquire, 400 S. State Road. Marysville, PA 17053 Joseph D. Caraciolo. Esquire, 112 Market Street, 6th Floor, Harrisburg, PA 111A\J.;: J ,;' -. '''':'. .' 0.; _-....,)'/ !; . ""C.-.,,'.,: '. '." T estfr,olllN'l " ;; 1'. j b'~ ;1'1 if~'; -, ' Ihiv,,oj Wne:"An~ ;.. . . . - '..,.-Vni..i d ~ of .......:. "I-;'e unto sat m~ l'l___, sara ,\ , .... , ~f(; _ '\ r; ~ :\. ,,,artls,e Pa Ol_L..l{ (._. ~T1'- .., tJt;ffll Cumberland County Children & Youth . Services L ti f}i'~~ ~~. fY'~ ~nuku. g.>~ C;/{//- ~~. Agency Administrator Gary I. Shuey, MSW, LSW County Commissioners Bn.lce Barclay Gary Eichelberger Richard Rovegno Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013-2961 (717) 240-6120 (717) 697-0371, Ext. 6120 (717) 532-7286, Ext. 6120 .~ .- " December 7, 2006 To Whom It May Concern: This letter is to \-erify that as 1217/0.6 Cumberland County Children and Youth Services has agreed to allow Mary Baminger to help supervise the contact between Trevor "TJ" Baminger and Skyler Thompson-Barnmger. Mary Baminger has agreed to and was made aware that this Agency's current safety plan is that Mr. Baminger is not to be alone with Skyler until further notice from this Agency. That means that when Skyler is in her care, she is to supervise all contact between Mr. Baminger and Skyler. Mary Baminger was madeaware tliat she will be held responsible if this safety plan is not followed when she is to be supervising the contact- This plan is in effect until further notice from this Agency. If there are any questions on this, please contact me at 240-5311. Thank you. ~- K---- V'~K . lrglma oser Intake Caseworker EXHIBIT I "B" If TREVOR J. BARNINGER, Plaintiff/Petitioner :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. BRITTANY L. THOMPSON (n/k/a BRITTANY L. GORDY), Defendant/Respondent :CIVIL ACTION : CUSTODY :NO. 03-1101 Civil Term CERTXFXCATE OF SERVXCE I, Mary A. Etter Dissinger, Esquire, hereby certify that on the ate set forth below I served a true and correct copy of the foregoing document upon Joseph Caraciolo, Esquire, attorney for espondent, by First Class United States Mail addressed as follows: Joseph Caraciolo, Esquire 6th Floor Veterans Building 112 Market Street Harrisburg, PA 17101-2015 ate: / d-/8/a , ~oc~~. Mary A. Etter Dissinger, sq. ~)~ ~ ~ :0 ~ ~ () c: -:~.~ ~ ,., ~ U-, <:::::.. B r---' r;::? (_..~.J c,'j"'" C") --n .--1 -.- ft'1 iIl c"f"': (;~., '-:--' ) o c" C"') C) :~..~ (5 (..) '"" TREVOR J. BARNINGER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 03-1101 Civil Term BRITTANY L. THOMPSON (n/k1a BRITTANY L. GORDY), Defendant/Respondent CIVIL ACTION CUSTODY ORDER OF COURT AND NOW, this day of , 200 , upon consideration of the attached Answer to Petition for Emergency Relief, and New Matter, it is hereby ORDERED that Petitioner's Petition for Emergency Relief is DISMISSED, and that Respondent's New Matter requesting attorneys fees in the amount of$330.00 is GRANTED. By The Court: 1. Distribution: -Mary A. Etter Dissinger, Esquire (Attorney for Petitioner) 28 N. 32nd Street, Camp Hill, PA 17011 -Joseph D. Caraciolo, Esquire (Attorney for Respondent) 112 Market Street, 6th Floor, Harrisburg, P A 17101 TREVOR J. BARNINGER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 03-1101 Civil Term BRITTANY L. THOMPSON (nlkla BRITTANY L. GORDY), Defendant/Respondent CIVIL ACTION CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW, comes the Respondent, Brittany L. Gordy, by and through her attorneys, Foreman & Foreman, P.C., and respectfully files the following Answer to Petition for Emergency Relief filed by Petitioner, averring as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Objection/denied. Answering party objects to the facts contained in this averment as a violation of Local Rule 1915.3-6 stating in pertinent part, "statements made by the parties, or their witnesses, shall not be admissible as evidence in court." To the extent an answer is deemed to be necessary, the same is denied. By way of further answer, and reserving the aforementioned objection, a statement by the Respondent was made at the conciliation conference that someone struck the child, based on picture evidence and statements of the child, and that it was Respondent's suspicion at the time that the abuser may have been Petitioner's girlfriend. 6. Objection/denied. Objection to the relevance of this paragraph. The facts in the averment contained in this paragraph include information regarding an alleged incident which occurred two years ago and have no bearing on the current issues involving the parties. To the extent the allegations are deemed to be true, the same are objected to as irrelevant. Respondent denies the allegations raised in this averment and affirmatively asserts that the child has not been neglected or abused by Respondent at any time relevant the current action, or at any time in the past, including December 25,2004. 7. Denied. After reasonable investigation, the Respondent is without knowledge or information sufficient to form a belief as to the truth of this averment, and the same is denied. By way of further answer, the information contained in this averment are insufficient to allow Respondent to formulate an answer, in that they failed to state the date when the alleged incident occurred, the police department the alleged complaint was made to, the officer who was alleged to have made the statement, or the manner in which the complaint was made. 8. Denied. After reasonable investigation, the Respondent is without knowledge or information sufficient to form a belief as to the truth of this averment, and the same is denied. By way of further answer, due to attorney/client privilege, Respondent is unable to investigate the facts alleged in this averment further. 9. Admitted in part, denied in part. It is admitted that the parties entered an agreement substantially in the form of Petitioners' Exhibit "A", and that Respondent alleged that the child had been abused while in the custody of Petitioner, it is denied that Petitioner made any accusations or allegations of abuse at any time relevant to this proceeding. 10. Admitted in part, denied in part. It is admitted that the parties agree to initiate co- parent counseling, it is denied that they agreed to share the expenses equally. By way of further answer, the parties agree to share the umeimbursed medical expenses equally. 11. Admitted in part, denied in part. It is admitted that the parties agreed to contact a therapist, and that the services of Kurtz Cockley with Alpha Group were considered. It is denied that the parties agreed to utilize the services of Kurtz Cockley, and deny that said services were ordered by the Court as evidenced by Petitioner's Exhibit "A". 12. Admitted in part, denied in part. It is admitted that Petitioner made plans without the Respondent's knowledge and unilaterally attempted to enforce these plans by calling the Respondent and telling her when she must appear before a co-parenting counselor. The remaining facts in this averment are denied. 13. Admitted. It is admitted that Respondent was unable to attend the unilaterally scheduled co-parent counseling with Kurtz Cockley as her schedule did not allow for the same. By way of further answer, Petitioner immediately rescheduled the conference for December 8, 2006 and successfully met with Kurtz Cockley at 1 :00 p.m. in his office. Since that time, Petitioner has met with Kurtz on December 14, 2006 at 12:00 p.m. in Landisburg, and is scheduled to meet with him again on Friday, December 22, 2006. 14. Denied. After reasonable investigation, the Respondent is without knowledge or information sufficient to form a belief as to the truth of this averment, and the same is denied. By way of further answer, it is denied that Petitioner went to the conference scheduled for December 8, 2006 at 1 :00 p.m. Instead, Respondent was at the conference with Kurtz Cockley on December 8, 2006 at 1 :00 p.m. and Petitioner's mother appeared at the conference fifteen minutes late informing Kurtz Cockley that Petitioner was sick and could not attend. 15. Denied. It is denied that the Petitioner indicated that she would not be going to counseling because she was not paying half the cost, as previously admitted, the Petitioner would be paying half of the unreimbursed expenses equally. By way of further answer, Respondent, as of the present date, successfully attended two conferences with Kurtz Cockley and is scheduled for a third. 16. Admitted in part, denied in part. It IS admitted that Respondent attended counseling seSSlOns. It is denied that there is a correlation between any conversation Respondent's counsel had with Petitioner's counsel and Petitioner's action of attending counseling sessions. 17. Admitted. By way of further answer, according to the agreed Order, mother was to have the child from Thursday at 10:00 p.m. until Sunday at 10:00 a.m. 18. Denied. It is denied that the Respondent read the Court Order to Petitioner at any time. By way of further answer, the Court Order speaks for itself, and indicates in paragraph 3.a that "Mother shall have custody each week from Thursday at 10:00 a.m. until Sunday at 10:00 a.m." 19. Denied. It is denied that Petitioner did not agree to the schedule as indicated in the Court Order as attached to Petitioner's Petition for Emergency Relief. By way of further answer, at the conciliation conference previously held, Petitioner agreed that Respondent would have custody from Thursday through Sunday. 20. Admitted in part, denied in part. It is admitted that Respondent called Petitioner and requested additional time with the child. It is denied that Respondent's excuse was "untrue" and asserted that such colorful observation is superfluous and without supporting factual evidence. To the extent Petitioner asserts that the child was not having fun with the child's aunt and cousins, strict proof is hereby demanded at trial. 21. Admitted. 22. Denied/objection. After reasonable investigation, the Respondent is without knowledge or information sufficient to form a belief as to the truth of the facts contained in this averment, specifically as to Petitioner's beliefs. By way of further answer, Respondent knows of at least five people who are permitted under Pa. C.S.A. Section 6312 to report suspected child abuse, such parties being Petitioner, Respondent, Petitioner's counsel, Respondent's counsel, and the Custody Conciliator. Objection. To the extent Petitioner has information that Respondent made a confidential report to Children and Youth, Petitioner's publicizing Respondent's confidential report is a violation of 23 Pa. C.S.A. Section 6349(b) and is a misdemeanor of the third degree. 23. Denied/objection. After reasonable investigation, the Respondent is without knowledge or information sufficient to form a belief as to the truth of the facts contained in this averment, specifically as to Petitioner's beliefs. By way of further answer, Respondent knows of at least five people who are permitted under Pa. C.S.A. Section 6312 to report suspected child abuse, such parties being Petitioner, Respondent, Petitioner's counsel, Respondent's counsel, and the Custody Conciliator. Objection. To the extent Petitioner has information that Respondent made a confidential report to Children and Youth, Petitioner~s publicizing Respondent's confidential report is a violation of 23 Pa. C.S.A. Section 6349(b) and is a misdemeanor of the third degree. 24.. Admitted. Based on the severity of the allegations, and the overwhelming evidence that abuse had occurred, Children and Youth instructed Respondent to take the child to Respondent's home on November 27: 2006. 25. Admitted. 26. Admitted. 27. Admitted. 28. Denied. After reasonable investigation, the Respondent is without knowledge or information sufficient to form a belief as to the truth of this averment, and the same is denied. By way of further answer, Children and Youth have apparently taken appropriate action under 23 Pa. C.S.A. Section 6368, and have approximately sixty days to complete their investigation in accordance with Section 6368( c). 29. Denied. The allegations in this paragraph are denied. By way of further answer, Respondent was initially informed by Children and Youth that only she had the ability to supervise contact between the child and Petitioner, and Respondent made a good faith effort to allow Petitioner time with his child. In fact, Petitioner has spent time with the child after the alleged report to Children and Youth, in the supervision of Respondent. On December 12, 2006, Respondent learned that Petitioner is free to spend time with the child in the supervision of Petitioner's mother, and Respondent has fully complied with all requests to see the child. On Friday, December 15, 2006 at 6:45 a.m., Petitioner and Petitioner's mother had custody of the child at 6:45 a.m. until Saturday at 2:45 p.m. and on Sunday, December 17,2006, Petitioner and Petitioner"s mother had custody of the child from 2:30 p.m. until 8:45 p.m. It is anticipated that, in the event Children and Youth determine the allegations to be unfounded, the current Custody Order will remain in effect. 30" Denied/objection. After reasonable investigation, the Respondent is without knowledge or information sufficient to form a belief as to the truth of the facts contained in this averment, specifically as to Petitioner's beliefs. By way of further answer, Respondent knows of at least five people who are permitted under Pa. C.S.A. Section 6312 to report suspected child abuse, such parties being Petitioner, Respondent, Petitioner's counsel, Respondent's counsel, and the Custody Conciliator. Objection. To the extent Petitioner has information that Respondent made a confidential report to Children and Youth, Petitioner's publicizing Respondent's confidential report is a violation of 23 Pa. C.S.A. Section 6349(b) and is a misdemeanor of the third degree. WHEREFORE, Respondent respectfully requests that this Honorable Court deny Petitioner's Petition for Emergency Relief and allow Children and Youth to continue their investigation in accordance with 23 Pa. C.S.A. Section 6368 without interference which could lead to more abuse of the child, and to award Respondent counsel fees for filing a frivolous Petition for Emergency Relief when the appropriate remedy would be to contact the legislature regarding an amendment to 23 Pa. C.S.A. Section 6301 et seq. ANSWER TO NEW MATTER Respondent respectfully submits the following Answer to Petitioner's New Matter, averring as follows: 31. Denied. It is denied that Respondent filed any false report with Children and Youth. By way of further answer, the reporting procedure for Children and Youth are defined in 23 Pa. C.S.A. Section 6313, and are to be kept confidential in accordance with 23 Pa. C.S.A. Section 6339. 32. Objection/denied. Answering party objects to the facts contained in this averment as a violation of Local Rule 1915.3-6 stating in pertinent part, "statements made by the parties, or their witnesses, shall not be admissible as evidence in court." To the extent an answer is deemed to be necessary, the same is denied. By way of further answer, and reserving the aforementioned objection, a statement by the Respondent was made at the conciliation conference that someone struck the child, based on picture evidence and statements of the child, and that it was Respondent's suspicion at the time that the abuser may have been Petitioner's girlfriend. 33. Admitted. It is admitted that Respondent entered into an agreement at the custody conciliation conference as more fully described in Petitioner's Exhibit "A". 34. Denied. It is denied that any false report was filed by Respondent, it is further denied that Respondent has failed to comply with the Court Order. 35. Denied. After reasonable investigation, the Respondent is without sufficient knowledge or information sufficient to form a belief as to the truth of this averment, and that it is impossible for Respondent to investigate Petitioner's beliefs and the same is denied. 36. Denied. It is denied that Respondent is the cause of Petitioner's significant legal expense, but, on the contrary, alleges that Petitioner's abusive conduct, specifically the abuse of the child leading to an investigation of Children and Youth, has lead to Petitioner's legal expense. WHEREFORE, Respondent respectfully requests that Petitioner's New Matter be denied and dismissed with prejudice as the allegations contained therein are unfounded and untrue, and the relief requested is unavailable. NEW MATTER 37. Paragraph 1 through 36 of Petitioner's Emergency Petition for Relief and New Matter are incorporated herein by reference. 38.. The allegations contained in Petitioner's Emergency Petition for Relief and New Matter amount to a misunderstanding or disapproval of 23 Pa. C.S.A. Section 6301 et seq. and not regarding any contemptuous conduct of the Respondent. 39. It is presumed that the legislature gave Children and Youth such broad powers in order to prevent on-going abuse, and cure any past abuse. 40. The appropriate remedy for Petitioner's complaint is to allege that 23 Pa. C.S.A. Section 6301 et seq. is either unconstitutional or inapplicable to the current circumstances. 41. Petitioner has neither alleged that 23 Pa. C.S.A. Section 6301 et seq. IS unconstitutional or inapplicable. 42. Petitioner is attempting, by his Petition for Emergency Relief and New Matter, to change the language of23 Pa. C.S.A. Section 6301 et seq. without complying with the legislative process for enacting or changing Statutes in this Commonwealth as more fully described in the Pennsylvania Constitution. 43. It is impossible for Respondent to grant Petitioner the relief requested as Children and Youth have broad powers under 23 Pa. CooS.A. Section 6301 et seqoo to take actions it deems are in the best interest of the child, and to prevent further abuse. 44. In filing this Motion, and pointing out to Petitioner that 23 Pa. C.S.A. Section 6301 et seq. is the controlling law in this case, Respondent has incurred significant attorneys fees, including approximately one-half hour preparation time and one hour time in drafting the instant Answer and New Matter. 45.. Said attorneys fees are a direct result of Petitioner's misunderstanding of current Pennsylvania law, including, but not limited to 23 Pa. C.S.A. Section 6301 et seq. 46, Petitioner should be responsible for Respondent's attorneys fees in answering the Petition for Emergency Relief and New Matter. WHEREFORE, Respondent respectfully requests that this Honorable Court enter an Order awarding counsel fees to Respondent for Petitioner's filing of frivolous Petition for Emergency Relief and New Matter, in the amount of $330.00. Date: December l'1 , 2006 J seph D. Caraciolo, Esquire oreman & Foreman, P.C. 112 Market Street, 6th Floor Harrisburg, Pennsylvania 17101-2015 ID# 90919 Tel. (717) 236-9391 TREVOR J. BARNINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 03-1101 Civil Term BRITTANY L. THOMPSON (n1k/a BRITTANY L. GORDY), Defendant CIVIL ACTION : CUSTODY VERIFICATION I verify that the statements made in foregoing Answer to Emergency Petition for Relief are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. Date: M/19~(P Signature: TREVOR J. BARNINGER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 03-1101 Civil Term BRITTANY L. THOMPSON (n/k/a BRITTANY L. GORDY), Defendant/Respondent CIVIL ACTION CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer with New Matter to Petition for Emergency Relief in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing a copy of the same, first class mail, postage repaid and addressed to the person named as follows: Mary A. Etter Dissinger, Esquire 28 N. 32nd Street Camp Hill, PA 17011 Date: December~, 2006 / A seph D. Caraciolo, Esquire oreman & Foreman, P.C. 112 Market Street, 6th Floor Harrisburg, Pennsylvania 17101-2015 ID# 90919 Tel. (717) 236-9391 TREVOR J. BARNINGER, Plaintiff v. BRITTANYL. THOMPSON, Defendant I -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1101 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of December, 2006, upon consideration of Plaintiffs Petition for Emergency Relief, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral to Melissa Greevy, Esq. 4 A. Etter Dissinger, Esq. 28 North 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff hePh D. Car.ciolo, Esq. 6th Floor Veterans Building ~ 112 Market Street Harrisburg, PA 17101-2015 Attorney for Defendant :rc BY THE COURT, J. Uxid ~-,/ztU1d ~ f.9/dlll /)~!lU ~tl :6 U~ \ Z :1309GOl :JO ,. t<ll;. DEe J 8 ZlII "vi .y TREVOR J. BARN INGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1101 CIVIL TERM v. BRITTANY L. THOMPSON, N/K/A BRITTANY L. GORDY CIVIL ACTION - LAW IN CUSTODY Defendant OLER, J. --- ORDER OF COURT AND NOW, this -Z.'Zltday of J:' <-. , 2006, upon consideration of the attached Custody Conciliation Summary eport, it is hereby ordered and directed as follows: 1. This Order VACATES and replaces this Court's Order of February 1, 2006. This Order modifies this Court's Order of December 1, 2006. 2. Leaal Custody. The parties, Trevor J. Barninger and Brittany Thompson Gordy, shall have shared legal custody of the minor child, Skyler Thompson Barninger, born January 25, 2003. 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 their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. 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. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 3. Phvsical Custody. A. Commencing November 16, 2006, Mother shall have custody each week from Thursday at 10:00 a.m. until Sunday at 10:00 a.m., except for one weekend per calendar month. If Father would like to have a (' -, .., p.1 L" ". .J'I] gonz .~(.' .r"-, ;,0 (,.J v", r ." . NO. 03-1101 CIVIL TERM weekend overnight occurring from Friday overnight until Saturday, or from Saturday overnight until Sunday, he will notify Mother by Monday of the week preceding the weekend to exchange with her custodial time to occur on either Saturday overnight to Monday or Monday overnight to Tuesday of the week immediate following his requested weekend custodial time. B. Father's periods of custody will be supervised by the paternal grandmother at all times until otherwise directed by Cumberland County Children and Youth, in writing. 4. In the event either party is unavailable to provide care for the child during his or her period of custody for more than four (4) hours, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. 5. The parties will contact a therapist to initiate co-parent counseling for which they will share unreimbursed expenses equally. The contact to make their first appointment shall occur no later than November 20, 2006. 6. Transportation. The parent receiving custody shall provide transportation incident to the custodial exchange. 7. Holidays. A. ThanksgivinQ. The parties will share Thanksgiving Day each year as follows: Father will have custody from 9:00 a.m. until 3:00 p.m. and Mother will have custody from 3:00 p.m. until 9:00 p.m. B. Christmas. In even-numbered years, Mother will have custody on Christmas Eve from 8:00 p.m. until December 25th at 8:00 p.m. In odd-numbered years, Father will have custody on Christmas Eve from 8:00 p.m. until December 25th at 8:00 p.m. The preceding holiday schedule shall supercede the regular schedule. 8. The parent then having custody of the child shall be responsible to ensure that the child attends all medical, speech and language appointments which occur during that parent's custodial time. Additionally, the parties will strictlv comply with a requirement that they promptly and thoroughly communicate with each other with regard to all appointments scheduled for Skyler so as to provide each other with reasonable opportunities to attend said appointments. NO. 03-1101 CIVIL TERM BY THE COURT: J. Dist: ~ A. Etter Dissinger, Esquire, 400 S. State Road, Marysville, PA 17053 (via fax - 975.3924) os.ph D. C...ciolo, Esquire, 112 Ma~ Floor, Harrisburg, PA 17101 (via fax - 236.6602) . - TREVOR J. BARNINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1101 CIVIL TERM v. CIVIL ACTION - LAW BRITTANY L. THOMPSON, N/K/A BRITTANY L. GORDY IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 THE CUSTODY OF Skyler Thompson-Barninger January 25, 2003 Father 2. The Conciliator had a fOllOW-Up telephone conference with Counsel on December 19, 2006. The Conciliator also spoke with Virginia Koser of Cumberland County Children and Youth regarding the status of a pending investigation. 3 Counsel agreed to resume the schedule in the Order of December 1, 2006, with a proviso that Children and Youth would approve a modification to said Order providing that Father's custodial time be supervised by the paternal grandmother at all times. At such time that Children and Youth no longer considers it necessary for Father's custodial time to be supervised, this requirement will be discontinued upon written communication from the Agency to the Conciliator. Counsel further agreed to an addition to the Order of December 1, 2006 which would require that the parent then having custody provide transportation for the child to medical appointments. .. NO. 03-1101 CIVIL TERM 4. A copy of the Conciliation Report and proposed Order is being provided to Counsel via facsimile before the Court will have had an opportunity to provide certified Orders to Counsel. Counsel are to instruct their parties to immediately commence following the attached Order prior to the receipt of the a certified copy thereof. /Y:2.J-/or Date Melissa Peel Greevy, Esquire Custody Conciliator :288970 TREVOR 1. BARNINGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 03-1101 CIVIL ACTION LAW BRITTANY L. THOMPSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 28, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, FA 17055 on Tuesday, January 30, 2007 , the conciliator, at 10:30 AM 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinf!. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator pv^ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3166 "~fp?- ~ ~l ~~?~ ~H., ~fp~~~"~ '''''0' - l' I . ,/1 !, 1 " 'c, :1(1 C -:; '~--r 0(, ....! -:-:100("'" .,,"1--- .it) Ut -,i ,,' ',' .:."',,..,1 -" t ~"r., , ,~:::-"--.:J ::;,-Il :::10 _J \./ t.:; ,-;-, (....:-."Cf :37L:1 7l? ~e. -el ?t?-6e. 'el ?fl"6e .c: / .'- ". FEIJ 0 J 2007f TREVOR J. BARNINGER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-1101 CIVIL ACTION LAW BRITTANY L. THOMPSON Defendant IN CUSTODY ORDER OF COURT 2.00 7 AND NOW, this ~ day of fe:..b. , 1iJ06, consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order of this Court date December 27,2006 shall continue in effect. 2. In the event the Child has a scheduled medical/counseling appointment during the Father's period of custody, the Mother shall pick up the Child one hour prior to the appointment. In the event the Father attends the Child's appointment, the Father shall resume his period of custody from the time ofthe appointment. Otherwise, the Mother shall return the Child to the Father's custody immediately following the appointment. 3. The parties shall provide the necessary authorizations to Children and Youth Services to enable the agency to provide any test results received by the agency to both parties' attorneys. 4. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on February 22,2007 at 8:00 a.m. BY THE COURT, J. cc: Mary A. Etter Dissinger, Esquire - Counsel for Father 7 Joseph D. Caraciolo, Esquire _ Counsel for Mother .~.~.;l- lJ e,-o ~ L /' ,:,-..1 -=r C'-J C- cr> I en w W- r-- g c..... . . mJOI~ TREVOR J. BARNINGER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-1101 CIVIL ACTION LAW BRITTANY J. THOMPSON Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 Skyler Wesley Baminger January 25,2003 F ather/Mother 2. A custody conciliation conference was held on January 30, 2007, with the following individuals in attendance: the Father, Trevor J. Barninger, with his counsel, Mary A. Etter Dissinger, Esquire, and the Mother Brittany L. Gordy, formerly Thompson, with her counsel, Joseph D. Caraciolo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. J ~ ;> II ,J..OOI Date t1-I A Dawn S. Sunday, Esquire Q Custody Conciliator y FEe 18 2007~ TREVORJ.B~GER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-1101 CIVIL ACTION LAW BRITTANY L. THOMPSON Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2'7lL.- day of ~~ ' 2007, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 8,2007 is vacated and replaced with this Order. The prior Order of this Court dated December 1,2006 shall continue in effect as modified by this Order. 2. Paragraph 3 of the December 1, 2006 Order is vacated and replaced with this provision. The parties shall share having physical custody of the Child in accordance with the following biweekly schedule: A. Week I: During Week I, the Father shall have custody of the Child from Saturday at 10:00 a.m. through Wednesday at 10:00 a.m. and the Mother shall have custody from Wednesday at 10:00 a.m. through Sunday at 10:00 a.m. B. Week II: During Week II, the Father shall have custody of the Child from Sunday at 10:00 a.m. through Wednesday at 10:00 a.m. and the Mother shall have custody from Wednesday at 10:00 a.m. through Saturday at 10:00 a.m. 3. The Father's periods of custody with the Child shall continue to be supervised as required by Children and Youth Services until such time as the agency terminates the requirement. 4. The parties shall continue with their course of co-parenting counseling with Kurtz Cockley with sessions to occur no less frequently than on a monthly basis. 5. The Father shall undergo a hair follicle drug test, with the Mother present at the time of sample collection. The Father shall sign any authorizations necessary in order to provide the test results to counsel for both parties. 6. The parties shall provide the necessary authorizations to Children and Youth Services to enable the agency to provide any test results received by the agencies to both parties' attorneys. Vl1\i\Jl\lASNI\J3d I ""-,,","'",, '-'''-'^'n,", I"\.U\;[ ::,;'" I . :;~.:'.-~~'.n' ,~! h..! 01 : II Wi! 82 83.:1 LDOZ Al:lV10t"iCH10cd 3Hl::JO 38H:iO--Q311:l 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: & A. Etter Dissinger, Esquire - Counsel for Father ~ /oseph D. Caraciolo, Esquire - Counsel for Mother TREVORJ.B~GER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-1101 CNIL ACTION LAW BRITTANY L. THOMPSON Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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: DATE OF BIRTH CURRENTLY IN CUSTODY OF NAME Skyler Wesley Baminger January 25,2003 Mother/Father 2. A custody conciliation conference was held on February 22, 2007 with the following individuals in attendance: the Father, Trevor J. Baminger, with his counsel, Mary A. Etter Dissinger, Esquire, and the Mother, Brittany L. Gordy, formerly Thompson, with her counsel, Joseph D. Caraciolo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. pj,VUMJ d-df ;)007 Date Da~~ Custody Conciliator