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HomeMy WebLinkAbout01-108 FX JESSICA ANN BARNHART, Petitioner JAN 1 8 200" : IN THE COURT OF COMMON PLEAS OF - 'P : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001- JO</CIVIL TERM CHAD EUGENE BARNHART, Respondent IN CUSTODY ORDER OF COURT AND NO\V, this day of . 2001, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at . on the day of .2001 at . M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this carmot 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduling conference or hearing. JESSICA ANN BARNHART, Petitioner : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001- J:;f CIVIL TERM CHAD EUGENE BARNHART, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this ~y of January 2001, comes the Petitioner, Jessica A. Barnhart, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The petitioner is Jessica A. Barnhart, an adult individual who resides at 10 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The respondent, Chad E. Barnhart, is an adult individual who resides at 14 North Morris Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of one minor child, namely, Brady E. Barnhart, born June 12, 1995, age 5 years. 4. Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 5. The best interest of the children requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the children and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, By: Mar D. Schwartz, Esquire Attorney for Petitioner 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court J.D. No: 70216 Date: January, {~, 2001 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~/J//1A. /J 154~ I JESSICA ANN BARNHART Date: January 4, 2001 JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001- CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Mark D. Schwartz, Esquire, do hereby certifY that I have served a true and correct copy of the foregoing Petition for Custody upon counsel for the Defendant by placing it in the United States Mail, first class postage prepaid in Carlisle, Pennsylvania 17013, upon the following: Michael J. Hanft, Esquire Law Office of Michael J. Hanft 19 Brookwood Avenue Carlisle, PA 17013 ~9~ By: Mark D. Schwartz, Esquire Attorney for Petitioner, Jessica Ann Barnhart Date: January 5, 2001 ~ )1;1 A:l l) ~ (;l ~ ?-~ ~ '-!.l LI i" - "if ~W :3 ~ p ';A> ~ - ~ V\ ~ ~ ~ E p ~ ('l (:) ~.; 2~B ~;~ Y~8 ~'-._> -c: Z -< -< ,:::;> ~) ~-I , :~;<1\> 'p :::J ....--:-. '"IF ~?8 gl~ 8ri] ~ ::0 -< I Li ~ r- ::l (J) .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JESSICA ANN BARNHART, Petitioner CIVIL ACTION--LA W vs. NO. 2001-108 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN CUSTODY ACCEPTA.7\lCE OF SERVICE I, Michael J. Hanft, Esquire, accept service of the Petition for Custody in the above-captioned matter on behalf of my client, Chad Eugene Barnhart, and I certify that I am authorized to do so. Date: (I <7101 LAW OFFICE OF MICHAEL J. HANFT ,"~J7f/9 Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Car1isle,PA 17013-9142 (717) 249-5373 Attorney for Defendant F'\User Folder\Finn Doc.~\Gelldocs200 1 \ 1984-2acceplllIlce.selVice. wpd >- t..[) r ~;. c: ,-- ;:~ ~ ~, !..!~) ~~:~,' - ;.;:; s; - "-' '7 C-J ,- ,"::t > ., c=: ~ ,~> ~:-; .~~~ '- 1.-::1 re. 0 .,-.t t:.0 '.1-.: __1 ;S; .::.: -- ,,-- . .' ~J[jJ .,. "'-::-.' :--.[j~-- :,.-:: td~ :::. 0 <:::> 0 ~ ,. JESSICA ANN BARNHART PLAINTIFF V. CHAD EUGENE BARNHART DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-108 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 19th day of January, 2001, upon consideration ofthe attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Conrthouse, Carlisle on the 15th day of February , 2001, at 10:30 a.In. 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 defme 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. FOR THE COURT, By: Isl Hubert X. Gilroy. f:!p) Custody Conciliat . 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 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 2 Liberty Avenue Carlisle, Pennsylvania 170[3 Telephone (717) 249-3166 ~~ FILED-OFFICE ('- ",,~ ""-'TH"'IO- vr if<: :-<): vi\'\' 1M\{ OJ JAN 22 PN I: 44 CUMBERLJlND COUNiY PENNSYLVANIA ~-O<~o/ &/-C~..p~;t 4~ / ;).;/-01 ~~~ /Z.~ Z ~. ~~ /-d;)'O( t2r;r ~ ~ "1/~7 #. -------- -------------- ---- . ~ , :., MAR 0 6 2001 hb JESSICA ANN BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CNIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO. 01 -108 CNIL IN CUSTODY COURT ORDER AND NOW, this c; tt- day of March, 2001, upon consideration of the Conciliation Report, it is ordered and directed as follows: attached Custody 1. The Mother, Jessica Ann Barnhart, and the Father, Chad Eugene Barnhart, shall enjoy shared legal and shared physical custody of Brady E. Barnhart, born June 12, 1995. 2. Physical custody shall be handled with the parties sharing physical custody equally along the schedule as arranged between the parties which generally provides as follows: A. Father shall have physical custody on every Tuesday and Wednesday and on alternating weekends from Friday through Monday morning. B. Mother shall have physical custody on every Monday and Thursday and alternating weekends from Friday through Monday morning. 3. In the event a custodial parent requires daycare for the minor child for a period of three (3) hours or more, that parent must first contact the other parent and offer them the opportunity to care for the child during that timefrarne. 4. Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent. 5. This order is entered pursuant to an understanding that Mother has a separate apartment where she lives with the minor child and a separate bedroom for that child. If Father requests, Mother shall accommodate Father to make a visit to her apartment to verify the living situation. 6. 1bis order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference_ Neither party is waiving the opportunity to claim that they should have primary physical custody of the minor child in the event this matter is litigated again before a Conciliator or at a hearing before the Court. F\lc\!Djr\C~ ~ N r~ 'fU\'; D>'O,\-'\j\""O\i'>jl;, ..jf '. ~ " ~ l ,\. . . Q\ i'\~R ~"1 \'1'\ '3: \ Q CIJ'd:i:k:.,?-V:itD CO\j~ ~S\'L\j)l,l~\p- ! .. -or I> \ cc: 7. The parties shall meet again for a second Custody Conciliation Conference on May 17,2001 at 8:30 a.m. J. Mark D. Schwartz, Esquire Michael J. Hanft, Esquire r L~Un 1T1oJJ 03-07-{)1 ~JiS .. '~ JESSICA ANN BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO. 01 - 108 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1_ The pertinent information pertaining to the child who is the subject of this litigation is as follows: Brady E. Barnhart, born June 12, 1995. 2. A Conciliation Conference was held on March 2, 2001, with the following individuals in attendance: The Mother, Jessica Ann Barnhart, with her counsel, Mark D. Schwartz, Esquire; and the Father, Chad Eugene Barnhart, with his counsel, Michael J. Hanft, Esquire. 3. Based upon the recommendation of the Conciliator, the parties agree to the entry of an order in the form as attached. sir2! ~{ D TE Hube . Gilroy, Esquire Cu ody Conciliator JUN (} 5ZafJltIJ JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v :NO.Ol-Ol08 CIVILACTION-LAW CHAD EUGENE BARNHART, Defendant : IN CUSTODY COURT ORDER yt 4 v.....l:- AND NOW, this S- day of May, 2001, the Conciliator being advised that the parties desire to withdraw the above action, the May 17, 2001 Conciliation Conference is cancelled and the Conciliator relinquishes jurisdiction. BY THE COURT, Ot :,.. .~ wfj ~~~~j r-:'..;J. 1-125 &E~~ fJ!~-.;'_' j:."-- u.. o ~ \ <:::l <:::l -. ;,... '- ;;> ::5 o;$' 0;; ':J::>' '>;:;-.J ~fZ --'> ,":;:;:!2: '''''''''YJ Q;1o.: ~ :;:;, u -::r - 0::: - ?5 -, - C:> ~~ JESSICA ANN BARNHART PLAINTIFF V. CHAD EUGENE BARNHART DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-108 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Jnly 18, 2001 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 09, 2001 , tbe conciliator, at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort wiIl be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. AIl 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 hearing. FOR THE COURT, By: /s/ Hubert X. GilrQY. Esq. t1! Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with DisabiIites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. AIl 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 . ,-, - '-~ " 0:-) ij ~ Ji li__ ~: ;:1 ~-',', CUii?~;j.\-!5'i~i,';:(,~!~T:' "'/J.O/OI - Ck.:J:.. e,"'f rn~'ds_c{ 'ia M~ r:c-I..(..c..)~ /...>d.1 '00:- "l'\~ 1'&4. ..J.c. ~ 1kJ..J- C20,,,'f p~cr.L (10 1Jt.f.y ~~ (r Rit.. ES 'A' JESSICA ANN BARNHART, Petitioner IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001- /09' CIVIL TERM CHAD EUGENE BARNHART, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of . 2001, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at . on the_day of .2001 at_. M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduling conference or hearing. . . JESSICA ANN BARNHART, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW 2001-108 CML TERM CHAD EUGENE BARNHART, Respondent IN CUSTODY 'PETITION TO MODIFY CUSTODY AND NOW, comes the Petitioner, Jessica Ann Barnhart, by and through her attomeys, IRWIN, McKNIGHT & HUGHES, and files this Petition to Modify Custody, making the following statement: 1. The Petitioner is Jessica Ann Barnhart, an adult individual currently residing at 10 Independence Drive, Shippensburg, Pennsylvania 17257. 2. The Respondent is Chad Eugene Barnhart, an adult individual currently residing at 14 North Morris Street, Shippensburg, Pennsylvania 17257. 3. The parties are the natural parents of one (1) minor child, namely Brady E. Barnhart, born June 12, 1995, age 6 years. 4. The custody schedule of the parties one minor child has been set by Order of Court dated March 6, 200 I. A copy of said Order is attached hereto as Exhibit "A" and incorporated herein by reference thereto. 5. The minor child is entering fITst grade this September. 6. Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent during the upcoming school year. 7. The best interest of the children requires that the court grant the petitioner's request as set forth above. . . WHEREFORE, the Petitioner, Jessica Ann Barnhart, respectfully requests that the current Court periods of visitation with Respondent as this Honorable Court deems proper. Order be modified and that primary physical custody be awarded to Petitioner of the minor child with Respectfully submitted, By: r ark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, PAl 70 13 717-249-2353 Supreme Court LD. No: 70216 1/i' Date: July!3 ' 2001 Attorney for the Petitioner, Jessica Ann Barnhart l"., ....'" .; MAR 0'5 zooiU!7 JESSICA ANN BARNHART, Plaintiff IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO. 01-108 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of March, 2001, upon consideration of the Conciliation Report, it is ordered and directed as follows: attached Custody 1. The Mother, Jessica Ann Barnhart, and the Father, Chad Eugene Barnhart, shall enjoy shared legal and shared physical custody of Brady E. Barnhart, born June 12, 1995. 2. Physical custody shall be handled with the parties sharing physical custody equally along the schedule as arranged between the parties which generally provides as follows: A. Father shall have physical custody on every Tuesday and Wednesday and on alternating weekends from Friday through Monday morning. B. Mother shall have physical custody on every Monday and Thursday and alternating weekends from Friday through Monday morning. 3. In the event a custodial parent requires daycare for the minor child for a period of three (3) hours or more, that parent must first contact the other parent and offer them the opportunity to care for the child during that timeframe. 4. Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent. 5. This order is entered pursuant to an understanding that Mother has a separate apartment where she lives with the minor child and a separate bedroom for that child. If Father requests, Mother shall accommodate Father to make a visit to her apartment to verify the living situation. 6. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. Neither party is waiving the opportunity to claim that they should have primary physical custody of the minor child in the event this matter is litigated again before a Conciliator or at a hearing before the Court. " '., .- . , 7. The parties shall meet again for a second Custody Conciliation Conference on May 17,2001 at 8:30 a.m. BY THE COURT, /s/i;:lll/ u} I J cc: Mark D. Schwartz, Esquire Michael J. Hanft, Esquire . JESSICA ANN BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO. 01 - 108 CIVIL IN CUSTODY Prior Judge: CONCILIA nON CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this iitigation is as follows: Brady E. Barnhart, born June 12, 1995. 2. A Conciliation Conference was held on March 2, 2001, with the following individuals in attendance: The Mother, Jessica Ann Barnhart, with her counsel, Mark D. Schwartz, Esquire; and the Father, Chad Eugene Barnhart, with his counsel, Michael J. Hanft, Esquire. 3. Based upon the recommendation of the Conciliator, the parties agree to the entry of an order in the form as attached. ;~J.! d( DTE Hube . Gilroy, Esquire Cody Conciliator . > VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. fMJioil () f,OAfJJAO' i JESSICA A. BARNHART Date: JULY 13 ,2001 . . JESSICA ANN BARNHART, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001- 108 CIVIL TERM CHAD EUGENE BARNHART, Respondent IN CUSTODY CERTIFlCATE OF SERVICE I, Mark D. Schwartz, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, certified, restricted delivery, and addressed as follows: Michael J. Hanft, Esquire Law office of Michael J. Hanft 19 Brookwood Avenue Carlisle, PA 17013 By: x;::- Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, P A 17013 717-249-2353 Supreme Court J.D. # 702]6 Attorney for the Petitioner, Jessica Ann Barnhart () 't'ff Date: July ~ 200] '5 io;::) "'1 .... ~ kf y, ~ >- [~; ;.:..';' ~-, , ..-, ',' I ".'1 ,--' ! >- l=:r:: ~g.. r_!_I':"'! \ CD ,,- c-: ~i- c..:~ - 0" --,~ "- '" ::>' ::,. "" ::". ~ ~ iJ tD {~. ' ~~-.! :.":; :I~ ..Ci '::J "":~ =_J .', '-, ~ e= ~r~s ., ' '-;" " 3 , JESSICA ANN BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-108 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN DIVORCE NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME I, JESSICA ANN BARNHART, hereby give notice, avowing my intention to resume and hereafter use my prior surname, to wit: JESSICA ANN SMITH, in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704(a) (54 Pa. C.s.A. 704(a). My divorce, docketed to 2001-108 Civil Term, was granted on July 11,2001. I verifY that the statements made in this document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16th day of July, 2001. WITNESSED: ~~ JI. ~J/. f}-nt..J TO BE KNOWN AS: ' rf~t11MU ~./L:{; (SEAL) I JESSICA ANN SMITH .. ~.. -, COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this 16th day of July, 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, JESSICA ANN BARNHART, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Notice of Intention to Retake and Use Prior Name, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. . Notarial Seal Betzi A. Morrison, Notary Public Carlisl<< SolO, Cumberland Counly My Comml<,sio, Expires Dae. 15. 2004 Membef\ Penns}'lvanic Association of Notaries , , ~~ c". ::J -'" L~ :/") :; () >- -:r: _;_'0 1- '- ~ Q , .;: .~~2$ c: ~ '^ ,- ~: "'~- "6 ::T -~.. ~"". a..- ~ ,.- ~:~q - .- , 0 ~ -={f , c? Q . -< .- , j ~- I:t- ~ ~; ~~:1 ~~ -', =) C~ U . .. . JESSICA ANN SMITH, Plaintiff v CHADEUGENEBARNHAR~ Defendant JUt Ijt1OD; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- 0108 CIVIL IN CUSTODY COURT ORDER +'1 AND NOW, this 1'1 day of July, 2002, the conciliator being advised that the parties have reached an agreement in the above matter, the conciliator relinquishes jurisdiction. BY THE COURT, Cl!(GM Hubert X. Gilroy Custody Conciliat FUD-O,cFICE OF Tfc'E' o':CTHONOTARY 02 JUt 22 AH 10: 48 s7- ~ CUMBERLAi'iD COU;\7Y PENNSYLVANIA ~ ij', -,", ., OCT ~~D1 JESSICA ANN BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CNIL ACTION - LAW CHAD EUGENE BARNHART, Defendant NO. 01-0108 IN CUSTODY CNIL COURT ORDER AND NOW, this Z" 1 day of 0 ~:::tj<> cJ ,2001, upon consideration of the attached Custody.Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and the minor child to a custody evaluation to be performed by a professional agreed upon by legal counsel for the parties. This shall be an independent evaluation, with the professional sharing the results of the evaluation with both parties and their counsel. Costs of the evaluation shall be split equally between the parties. 2. Upon the conclusion of the evaluation and in the event at that time the parties are unable to reach an agreement on a permanent custody order, counsel for the parties may contact the conciliator directly to conduct a custody conciliation conference on tllis case. 3. Pending further order oftms court, this Court's prior order of March 6, 2001 shall remain in effect. cc: Mark D. Schwartz, Esquire Michael J. Hanft, Esquire \~ '~~ ::2 IV By;aRT, esley Oler, Jr. J. o C c: ~~~ o ,-, "-' ~t.,.. ;:~ ~~~ co -n .'- .....~, I:"_v, .-, ,,' ~, "-,';. ~--~':~ ::; "" ~ , ,.- ... -, JESSICA ANN BARNHART. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHADEUGENEBARNHAR~ Defendant NO. 01 - 0108 IN CUSTODY CIVIL Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE I 915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Brady E. Barnhart, bomJune 12, 1995. 2. A Conciliation Conference was held on September 27,2001, with the following individuals in attendance: The Mother, Jessica Ann Barnhart, with her counsel, Mark D. Schwartz, Esquire; and the Father, Chad Eugene Barnhart, with his counsel, Michael J. Hanft, Esquire. 3. The parties agree to the entry of an order in the form as attached. 1L~7! of DA .' v. : IN THE COURT OF COMMON PLEAS OF ~l 4, ZUG, : CUMBERLAND COUNTY, PENNSYL V ANIAO CIVIL ACTION - LAW JESSICA ANN SMITH (Previously Barnhart) Plaintiff No. 01-0108 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN CUSTODY ORDER OF COURT AND NOW, this /5' ~ day of n ft~ L t f ,2002, upon presentation and consideration of the attached stipulation and agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, 5. FiLE[}-OfF:CE OF Tf.;:': ,~_.; -. ~~'~'I_',:,,\ '~It:u4Y -~..{ w-..:z , " ~-" r ~ .~ :'.> ~. ""- . 't- <- r-. ~ ~'-'J n? OCT I b~ P;:; ? no tJ_ 'l I ., Jo~' If..... C'r "'n, ..'. ufVJijC.i;'~_~;",,'~j ;~UUN1Y PEi\tIllSYLVANI,', ...J , ~~ J~ f ~ '.:) ~. J- <;\l JESSICA ANN SMITH (Previously Barnhart) Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 01-0108 CIVIL TERM CHAD EUGENE BARNHART, Defendant IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this _ day of July, 2002, by and between Jessica Ann Smith (hereinafter referred to as "Mother"), and Chad Eugene Barnhart (hereinafter referred to as "Father"). WHEREAS, Mother and father are the natural parents of Brady E. Barnhart, born June 12, 1995; and WHEREAS, on October 2, 2001, the parties agreed to submit themselves to an independent evaluator; and WHEREAS, the parties have been able to reach an agreement relative to custody of their minor son; and WHEREAS, the parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the minor child; and WHEREAS, the parties desire to confirm their agreement relative to custody of the minor child and execute a Stipulation and Agreement to effect the same. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The Mother and Father shall have joint legal custody of Brady E. Barnhart. 2. Mother shall have primary physical custody of Brady E. Barnhart. 3. Father shall have periods of partial physical custody of the minor child as follows: a. Every other weekend from Friday after the father finishes work through Sunday at 8:30 p.m. b. Every Tuesday from after school until 8:30 p.m.; if there is no school and the father is not working, then from Tuesday morning through 8:30 p.m. c. Any other times as agreed upon between the parties. 4. The parties will alternate holidays except for the Christmas Holiday which will be split between the parties with one party having December 24 at 12:00 p.m. through December 25 at 12:00 p.m., and the other party having December 25 at 12:00 p.m. through December 26 at 12:00 p.m. This schedule will alternate each year. . . 5. Each party shall enjoy one week vacation, and shall advise the other party of the vacation time at least thirty (30) days in advance. 6. The parties will keep each other advised immediately relative to any emergencies concerning the minor child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 7. The parties agree that there shall be reasonable telephone contact with the child during the periods when the child is not in the custody of that party. 8. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 9. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards. and birth certificates. Both parties may and are encouraged to attend school conferences and activities. 10. The parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child, and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. II. Any pemlanent modification or waiver of the provisions of this agreement must bc in writing and shall be effective only if made in writing and executed with the same fonnality as this Stipulation and Agreement. 12. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 13. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. . . . , IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year first above written. W1TNESS: L' ,~ . ~/ ~A~;JIzfrz~ZI l'l// c. .II , - , ~-~,' , ~ptf/ >- cc ~ !,LiS? "---""'rl ~~: kl,-- :-L1 ~2.~ 13 12_ o \D !r. 0'1 2:: z ~~ 0::k -- (~:::.J ::;i~? ";.l'~~--;' ~ (]Cu ~.I~J a.. ; U z .,::z l- e...; C- r>,,} L'7J f '. . '..... JUN 0 5 2D06ryl JESSICA A. STOUGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-0108 CIVIL ACTION - LAW CHAD E. BARNHART, Defendant IN CUSTODY COURT ORDER AND NOW, this ~ day of June, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No.1 of the Cumberland County Courthouse on the ja day of ,,,t/'t;;A~2006 at r: 3L> a... m. At this hearing thc Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of October 15,2002 shall remain in effect pending further Order of this Court or agreement of the parties. BY THE COURT, '-/~ 'Ti~ ~!/.;2/()6 /t.e...- ~& of'\ 0\)1 Cc: L Haggerty, Esquire ,)Ii:aria P. Cognetti, Esquire ~ (') ~~ ..c[:',- q!l=;- ;~.f r.:: '_, ~'= ~:_- , i..::' ;.:~: c J' / ~ '-':': ~ "" = C::~ ~-. S o;;? .-. :I:-:-, rT1f~' ?3!3 S~~ ';'~~ ::::t.. 7(") Dr-Tl >' :.< ~ N 32 -'<. <;-.;1 """'" JESSICA A. STOUGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 01-0108 CIVIL ACTION - LAW CHAD E. BARNHART, Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Brady E. Barnhart, born 12, 1995 2. A Conciliation Conference was held via telephone with the Conciliator and thc attorneys for the parties on May 30, 2006. The parties had a prior face-to-face custody conciliation conference. 3. This case involves a situation where Father has petitioned to modify the existing custody Ordcr. He is seeking more time with the child. The parties are unable to agree upon Father's request. They are not far apart, but a hearing is still required. 4. The Conciliator recommends an Order in the form as attached. ,2006 Date: June r 09/06/2006 14:44 FAX 717 909 406s MARIA P COGNETTI 141002 MARIA P. COGNETTI & ASSOC][ATES Attorneys & Counselors at Law 210 Gta1ldviev.r A'yr;mue. Suite 102 . Camp Hill, P A 17011 Telephone (717) 909-4060. Fax (717) 909-4068 Bmail CognettiLaw@so1.L:Otn Maria P. Cogneni'" Attotl1ey at Law Practice Limited 10 MatrlmoniaI LtI"IV Krislopher T. Smull Attorney 3t L:iw "Fellow, American AcaUc:rny of Matrimoniall..awyer.s Ft:llow, International Ac.:l.d.cmy uf Matrimonial ~wyers September 6, 2006 VIA FACSIMILE ONLY FAX NO. 717-240-6462 Honorable J. Wesley Oler Jr. Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013-3387 RE: STOUGHTv. BARNHART Docket No. 01-0108 Our File No. 781 Dear Judge Oler: Enclosed please find Defendant's Amended Pret1ial Memorandum with regard to the above-referenced matter, which is scheduled before you for Thursday, September 7, 2006. TlJank you for your attention to this matter. 14 S'tjf,o . '0;006 MPCllb Enclosure cc: Kara Haggerty, Esquire (wlel1c" via facsimile only) Mr. Chad Barnhart (w/enc., via regular mail) O~/OU/2006 14:44 FAA 717 909 4068 MARIA P CO=I @oos MARIA P. COGNETTI & ASSOCIATES MAlUA P. COGNETTl, ESQUIRE Attorney J.D. No, 27914 210 Grandview Avenue, Suile 102 CampHiU,PA 17011 Telephone No. (717) 9094060 Attornevs for Defendant/Petitioner JESSICAA. STOUGill, Plaintiffi'Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-0108 Civn. TERM CHAD E. BARNHART, Dcfendant!Petitioner : CIVIL ACTION - LAW : IN CUSTODY DEFENDANTIPETITlONER'S AMENDED PRE-HEARING MEMORAl'illUM I. HISTORY OF THE CASE: :DefendantfPetitioner, Chad E. Barnhart, (hereinafter "Father"), is currently residing at 10 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257. Plaintiffi'Respondent, Jessica A. Stought, (hereinafter "Mother"), is currently residing primarily at 238 Newburgh Road, Newburgh, Cumberland County, Pennsylvania I 7240-9212. The parties are the natural parents of one (1) child, namely Brady E. Barnhart, born June 12, 1995, who is currently ten (10) years of age. On or about October 15,2002, the parties entered into an Agreement regarding custody of their minor child. Pursuant to that Agreement, Respondent and Petitioner have shared legal custody of the child with primary physical custody being vested in Mother and periods of partial physical custody vested in Father on alternating weekends from Friday through Sunday <J.nd one evening per week. 09/06/2006 14:44 FAX 717 909 4068 lIARIA P COGNEITI @004 Following the entry of the October 15, 2002 Order of Court the parties altered the schedule on their own to allow Father more time with the child. For more than two (2) years Failier has exercised custody ofthe child every other weekend from Friday through Monday morning and every Wednesday overnight. Despite this additional time, the child continued to request more time with Father. Mother, however, was unwilling to agree 10 alter the schedule further. On or about March 13, 2006, Father filed a Petition for Modification of Custody seeking shared physical custody of the minor child. A custody conciliation was scheduled for April 21, 2006 before Hubert X. Gilroy, Esquire and subsequently continued until May 30,2006. On May 30, 2006 a conciliation conference was held and the parties were unable to come to an agreement. A hearing was subsequently scheduled for September 7,2006, at 9;30 a.m. before the Honorable 1. Wesley Oler, Jr. Following the conciliation conference the parties came to an agreement between thenwelves as to a new custody schedule for the child. The parties began following said schedule in June 2006 and continued to do $0 for the entire summer, despite not having a signed agreement. Said schedule was memorialized in a Stipulation by counsel for Father and was sent to counsel for Mother for review. Counsel for Mother responded, after having the draft Stipulation for over a month, with minor changes to the agreement mostly concerning holiday time, No change was requested regarding the day to day custody schedule. Counsel for Mother and counsel for Father spoke and agreed to a few modifications of the agreement, which was then to be faxed to counsel fOT Mother for her approval. 09/06/2006 14:44 FAX 717 909 4068 MARIA P COGNETTI @005 For some unknown reason, on the evening of Tuesday, August 29, 2006, Mother angrily instructed Father 111at she would no longer be allowing him to follow the schedule that they had agreed to and that she was insisting that he go back to the original Order of October 15, 2002. Counsel for Father contacted c01.U1Sel for Mother on Wednesday, ALlgust 30, 2006, regarding the change in Mother's position. Mother's counsel assured counsel for Father that they still had a deal and that she would speak with Mother. Counsel for Mother then contacted counsel for Father and indicated that she had spoken with Mother and that there was no problem with the agreement. Counsel for Father then emailed a copy ofthe agre=ent to counsel for Mother for her final review. Counsel for Father contacted Father on Wednesday, August 30, 2006, based upon the word of counsel for Mother, to assure him that an agreement was reached and that the hearing scheduled for September 6, 2006, would not be necessary. Father proceeded with his day in the belief that the parties would continue following the agreement until Mother attempted to prevent Father from taking the child home from football practice, insisting that the parties were returning to the October 15, 2002 schedule until an agreement was signed or an order was entel'€:d. Father left with the child and Mother called the State Police, The State Police contacted Father but did not require him to return the child. This incident occurred just hours after counsel for Mother had assured counsel for Father that they had a deal, which raises the question of whether there was ever a deal at alL COllilsel for Mother then sent a letter by fax to cOlUlsel for Father at noon on August 31, 2006, indicating that the agreement was off and that she would be proceeding with the custody hearing. The timing of the letter 09/06/2006 14:45 FAX 717 909 4068 MARIA P COGNETTI I4i 008 required counsel to drop eveJYI:hing to complete tbis pre-hearing memorandum so that it could be submitted pursuant to the Court's Order of June 7, 2006. Counsel for Mother appeared to have her pre-hearing memorandum prepared, despite the fact that she had assured counsel for Father that they had an agreement. The more serious problem created by this turn of events is that Mother bas reverted to the terms of the old Order, forbidding Father from spending the time with his son that he has enjoyed for the last two (2) months, for fear that she will again call the police. Jl. STATEMENT OF ISSUES CURRENTLY BEFORE TffE COURT: Father believes that the child should reside with him on at least a SOl50 shared basis. Father filed for shared custody due to the wishes of the cbild and his belief that the cbild's best interests would be served by having him spend equal time with both parents. Father had agreed to a schedule that was something less than shared in order to try to avoid having to go to court but still believes that a shared schedule is best for the cbild. The child has now grown accustom to having longer periods oftime with Father and believes that Mother's actions, in unilaterally ceasing said visits, will be detrimental to the child. m. WITNESSES TO BE CALLED: 1. Bradv E. Barnhart (Parties' son) - Father is requesting that the, Court speak with the cbild in chambers. Father has requested that Mother produce the child and make him available at the 09/0612006 14:45 FAX 717 909 4068 MARIA P COGNETTI @007 time of the hearing. 2. Chad Barnhart - Will testify generally as to his relationship with the child; his fitness as a parent; the custodial environment he has provided for the child; his relationship with Mother; and, other arcas which pertain to the best interests of the child. 3. Jessica A Stought - As of cross. 4, Barrv Barnhart (Father's father) . wm testify generally as to his relationship with the child; Father's fitness as a parent; the custodial environment Father has provided for the child; Father's relationship with Mother; and, other areas which pertain to the best interests of the child. 5. Kendra Mathna (Father's girlfriend) - Will testify generally as to her relationship wiill the child; Father's fitness as a parent; the custodial environment Father has provided for the child; Father's relationship with Mother; and, other areas which pertain to the best interests ofthc child. 6. Summer Franzoni (Father's sister) - Will testify generally as to his relationship with the child; Father's fitness as a parent; the custodial environment Father has provided for the child; Father's relationship with Mother, and, other areas which pertain to the best interests o1'the child. 09/06/2006 14:45 FAX 717 909 4068 IllARIA P COGNEITI @008 7. Maria Barnett (Father's sister) - Will testify generally as to his relationship with the child; Father's fitness as a parent; the custodial environment Father has provided for the child; Father's relationship with Mother; and, other areas which pertain to the best interests of the child. Respectfully Submitted: MARIA P. COGNETTl & ASSOCIATES Date: September 6, 2006 By: ~ MARIA rl. CO@ TTl, ESQUIRE AttomeyI.D, No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/PetitioneI 09/06/2006 14:45 FAX 717 909 4068 HARIA P COGNETII @009 CERT.lFICATE OF SERVICE T, Maria P. Cognetti, Esquire, Attorney for DefendWltlPetitioner herein, do hereby eertify that on this date r served the foregoing Amended Pre-Hearing Memorandum by faxing a true and exact copy thereof addressed as follows: Kara Haggerty, Esquire ADOM & KUTULAKlS 8 South Hanover Street Carlisle, PA 17013 (Fax No. 717-249-3344) Date: September 6, 2006 By: MARlA P. COGNETTl & ASSOCIATES ~'ESQUfKE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner 09/06/2006 14:44 FAX 717 909 4068 MARIA P COGI'iETTI 141001 F A c s M L E To: The Honorable J. Welsey Oler, Jr. Fax: 717-240-6462 Re: Stought v. Barnhart Pages: 7 (including cover sheet) Date: September 6, 2006 Message: Please see attached letter and Amended Pretrial Memorandum Please call Laura at (J 17) 909-4060 if there is any problem in transmission. The lnfol'Tl'l3.tion c.ontained in this telefuc.simile is transrnated by an attorney. 1t is privileged and confidential! intended only for the use of the individual or entity named above. If the reader of this message is not the intended redpient, you are hereby notified that any dissemination, distribution of' copying of this communication is strid.Iy prohibited. If this communication has been received in error, please immediately notify us by telephone. coiled: if necessary. and return the original message to us at the above address via ihe U.S. Po~ Service (we will reimburse postage). Thank yO". From the desk of... Maria P. Cognetti, Esquire Man'a P. Cognetti & Associates 210 Grandvlew Avenue, Suite ] 02 Camp Hill. PA 17011 Telephone: 717-909.4060 Fax: 717.909-4066 JESSICA A. STOUGHT, Plaintiff RECEIVF't~; SEP u 1 200b IBY: /YlV' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A -. .;;j- - v. DOCKET NO. 01-0108 CHAD E. BARNHART, Defendant CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE J. WESLEY OLER,JR.: PLAINTIEF'S TRIAL MEMORANDJlM I. NAMES OF FACT WITNESSES AND ANTICIPATED TESTIMONY: A. Jessica A. Stought - Mother/Plaintiff B. John Stought - Stepfather i. It is anticipated that Mr. Stought will testify to his relationship with Brady. He will further testify to the history of his relationship with Father, Chad Barnhart. C. Tim Pyne - Friend of Mother and Stepfather i. It is anticipated that he will testify to Father/Defendant's behavior at football practice on August 30, 2006, that occurred in the presence of the child. D. Ed Reisinger - Maternal Grandfather i. It is anticipated that he will testify to Brady's relationship with his Mother and Stepfather. He will further testify to the history of the family's relationship with the Defendant. E. Debbie Stought - Step-grandmother i. It is anticipated that she will testify to Brady's demeanor around his Mother and Stepfather when in his father's custody. F. Jim Smith - Uncle i. It is anticipated that he will testify to Defendant/Father's behavior toward Brady's stepfather and members of Mother's family. G. Chad Barnhart - Father/Defendant i. As on cross-examination. H. Mother/Plaintiff reserves the right to call rebuttal witnesses, if necessary. I. Mother/Plaintiff reserves the right to supplement this request. :;;J. ~ II. NAMES OF EXPERT WITNESSES AND ANTICIPATED TESTIMONY: None at this time. Mother/Plaintiff reserves the right to supplement this request, if necessary. III. ISSUES FOR RESOLUTION: A. Whether it is in the subject minor child's best interests for Mother, Jessica Stought, to maintain primary physical custody? i. Suggested Answer: In the affirmative. IV. ESTIMATED LENGTH OF TRIAL: Two (2) to three (3) hours for Mother/Plaintiffs case. V. REPORTS FROM APPROPRIATE AGENCIES: None at this time. Mother/Plaintiff reserves the right to present any reports from any other appropriate agencies, if necessary. VI. REPORTS OF EXPERTS INTENDED TO BE CA T .T .RD AS WITNESSES: None at this time. Mother/Plaintiff reserves the right to present any reports from any experts intended to be called as witnesses, if necessary. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. tel. Kara W. Haggerty, s 36 South Hanover S Carlisle, PA 17013 (717) 249-0900 Attornry for Plaintiff J. ~ JESSICA A. STOUGHT, Plaintiff IN THE COURT OF COMMON PLEAS CUl\1BERLAND COUNTY, P A v. DOCKET NO. 01-0108 CHAD E. BARNHART, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 31" day of August, 2006, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Trial Memorandum on the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: By First-Class Mail: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, Pennsylvania 17011 Attornry for the Defendant MAmA P. COGNETTI & ASSOC][ATES Attorneys & Counselors at Law 210 Grandview Avenue, Suite 102. Camp Hill, PA 17011 Telephone (717) 909.4060. Pax (717) 909-4068 Email CognettiLaw@ao1.com Maria P. Cognetti* Attorney at Law Practice Limited to Matrimonial Law Kristopher T. Smull Attorney at Law *Fellow, American Academy of Matrimonial Lawyers Fellow, International Academy of Matrimonial Lawyers August 31, 2006 VIA FACSIMILE AND REGULAR MAIL FAX NO. 717-240-6462 Honorable J. Wesley Oler Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: STOUGHT V. BARNHART Docket No. 01-0108 Dear Judge Oler: Enclosed please fmd Defendant's Pretrial Memorandum with regard to the above- referenced matter, which is scheduled before you for Thursday, September 7,2006. Thank you for your attention to this matter. ~ Maria . MPC/lb Enclosure cc: Kara Haggerty, Esquire (wlenc., viafacsimile and regular mail) Chad Barnhart (wi enc, via regular mail) 8tp "5 <'006 08/31/2006 15:13 F~~ 717 909 406S MARIA P COGNETTI @002 MARIA P. COGNETTI & ASSOCIATES Attorneys & Counselors at Law 210 ,,,,,ndviow Avenue, Sum 102. CIlmp Hill, PA 170]] Tolephone (717) 909.4060 .. Fax (717) 909-40Sa Email CogaetLiLa.w@aolcom Maria P. Cogne:tti* AttOrney o(Law Practice Limited to Matrimonial Law Kristophcr T. Smull Attorney at I.aw .FeUow. American Academy of Ml1tr1mo.o.ial Lnwycrs Fellow. International Aei1demy of MatrilTIQnialLawyen; August 31, 2006 VIA FACSIMILE AND REGULAR MAIL FAX NO. 717-240-6462 Honorable J. Wesley Qler Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: STOUGHT V. BARNHART Docket No. 01-0108 Dear Judge Qler: Enclosed please find Defendant's Pretrial Memorandum with regard to the above- referenced matter, which is 5cbeduled before you for Thursday, September 7, 2006, Thank you for your attention to this matter, ~~a- !::j~ MPC/lb Enclosure cc: Kara Haggerty, Esquire (wlenc., via facsimile and regular mail) Chad Barnhart (wi ene, via regular mail) 08/31/2006 15:14 FAX 717 909 4068 lIAR!A P COGNEITI 141003 MARIA P. COGNETTI & ASSOCIATES MARIA ['. COGNElTI, ESQUIRE Attomey I.D. No.27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for DefendantIPetitioner JESSICA A. STOUGHT, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-0108 CIVIL TERM CHAD E. BARNHART, DefendantlPetitioner : CIVIL ACTION - LAW : IN CUSTODY DEFENDANT/PETITIO~"ER'S :PRE-HEARING MEMORANDUM 1. HISTORY OF THE CASE: DefendantIPetitioner, Chad E. Barnhart, Q1erejnafter "Father"), is currently residing at 10 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257. Plaintiff/Respondent, Jessica A. Stought, (hereinafter "Mother"), is currently residing primarily at 238 Newburgh Road, Newburgh, Cumberland County, Pennsylvania 17240-9212. The parties are the natural parents of one (I) child, namely Brady R Barnhart, born June 12, 1995, who is currently ten (10) years of age. On or about October 15, 2002, the parties entered into an Agreement regarding custody of their minor child. Pursuant to that Agreement, Respondent and Petitioner have shared legal custody of the child with primary physical custody being vested in Mother wd periods of partial physical custody vested in Father on alternating weekends from Friday through Sunday and one evening per week. Following the entry of the October 15, 2002 Order of Court the parties altered the schedule on their own to allow Father more time with the child. For more fuan two (2) years 08/31/2006 15:14 FAX 717 909 4068 MARIA P COGNElTI @004 Father has exercised custody of the child every other weekend from Friday through Monday morning and every Wednesday overnight. Despite this additional time, the child continued to request more time with Father. Mother, however, was unwilling to agree to alter the schedule further. On or about March 13, 2006, Father filed a Petition for Modification of Custody seeking shared physical custody of the minor child. A custody conciliation was scheduled for ApnlZI, 2006 before Hubert X. Gilroy, Esquire and subsequently continued until May 30,2006. On May 30, 2006 a conciliation conference was held and the parties were unable to come to an agreement. A hearing was subsequently scheduled for September 7,2006, at 9:30 a.m. before the Honorable J. Wesley Oler, Jr. Following the conciliation conference the parties came to an agreement between themselves as to a new custody schedule for the child. The parties began following said schedule in June 2006 and continued to do so for the entire summer, despite not having a signed agreement. Said schedule was memorialized in a Stipulation by couDsel for Father and was sent to counsel for Mother for review. Counsel for Mother responded, after having the draft Stipulation for over a month, with minor changes to the agreement mostly concerning holiday time. No change was requested regarding the day to day custody schedule. Counsel for Mother and counsel for Father spoke and agreed to a few modifications of the agreement, which was then to be faxed to counsel for Mother for her appTOvaL For some unknown reason, on the evening of Tuesday, August 29,2006, Mother angrily instructed Father that she would no longer be allowing him to follow the schedule that they had 08/31/2006 15:14 FAX 717 909 4068 IlARIA P COGNETTI @005 agreed to and that she was insisting that he go back to the original Order of October 15, 2002. Counsel for Father contacted couosel for Mother on Wednesday, August 30, 2006, regarding the change in Mother's position. Mother's counsel assured counsel for Father that they still had a deal and that she would speak with Mother. Counsel for Mother then con1:<lcted counsel for Father and indicated that she had spoken with Mother and that there was no problem with the agreement. Counsel for Father then emailed a copy of the agreement to counsel for Mother for her [mal review. Counsel for Father contacted Father on Wednesday, August 30,2006, based upon the word of counsel for Mother, to assure him that an agreement was reached and that the hearing scheduled for September 6, 2006, would not be necessary. Father proceeded with his day in the beliefthat the parties would continue following the agreement until Mother attempted to prevent Father from taking the child home from football practice, insisting that the parties were retuming to the October 15, 2002 schedule until an agreement Was signed or an order was entered. Father left with the child and Mother called the State Police. The State Police contacted Father but did not reqillre him to return the child. This incident occurred just hours after counsel for Mcther had assured counsel for Father that they had a deal, which raises the question of whether there was ever a deal at alL Counsel for Mother then sent a letter by fax to counsel for Father at noon On August 31, 2006, indicating that the agreement was off and that she would be proceeding with the custody hearing. The timing of the letter required counsel to drop everything to complete this pre-hearing memorandum so that it could be submitted pursuant to the Court's Order of June 7, 2006. Counsel for Mother appeared to have her pre-hearing memorandum prepared, despite the fact that she had assured counsel for Father 08/31/2006 15:14 FAX 717 909 4068 MARIA P COGNETTI @006 that they had an agreement. The more serious problem crcated by tllis turn of events is that Mother has reverted to the terms of the old Order, forbidding Father from spending the time with his son that he has enjoyed for thc last two (2) years, for fear that she will again call the police. n. STATEMENT OF ISSUES CURRENtLY BEFORE THE COURT: Father believes that the child should reside with him on at least a 50/50 shared basis. Father filed for shared custody due to the wishes of the child and his belief that the child's best interests would be served by having him spend equal time with both parents. Father had agreed to a schedule that was something less than shared in order to try to avoid having to go to court but still believes that a shared schedule is best for the child. The child has now grown accustomed to having longer periods oftime with Father and believes that Mother's actions, in unilaterally ceasing said visits, will be detrimental to the child. ill. WITNESSES TO BE CALLED: I. Chad Barnhart - Will testifY generally as to his relationship with the child; his fitness as a parent; the custodial environment he has provided for the child; his relationship with Mother; and, other areas which pertain to the best interests of the child. 2. Jessica A. Stouliht - As of cross. 08/31/2006 15:14 FAX 717 909 4068 IlARIA P COGNETTI 141007 3. Ban.:>' Barnhart (Father's father) - Win testify generally as to his relationship with the child; Father's fitness as a parent; the custodial environment Father has provided for the child; Father's relationship with Mother; and, other areas which pertain to the best interests of the child. 4. Kendra Mathna (Father's girlfriend) - will testifY generally as to her relationship with the child; Father's fimess as a parent; the custodial environment Father has provided for the cl1ild; Father's relationship with Mother; and, othe, areas which pertain to the best interests of the child. 5. Summer Franzoni (Father's sister) - Will tes1ifY generally as to his relationship with the child; Father's fimess as a parent; the custodial environment Father has provided for the child; Father's relationship with Mother; and, other areas which pertain to the best interests of the child. 6. Maria Barnett (Father's sister) - Will testify generally as to his relationship with the child; Father's fitness as a parent; the custodial environment Father has provided for the child; Father's relationship with Mother; and, other areas which pertain to the best interests of the child. Respectfully Submitted: MARIA P. COGNETl'I & ASSOCIATES Date: August 31, 2006 By: , 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for PefendantIPetitioner 08/31/2006 15:14 FAX 717 909 4068 MARIA P COGNETTI I4J 008 CERTIFICATE OF SERVICE T, Kristopher T. Smull, Esquire, Attomey for Petitioner herein, do hereby certify that on this date T served the foregoing PrecHeating Memorandum by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Kara Haggerty, Esquire ABOM & KUTULAKIS 8 South Hanover Street Carlisle, P A 17013 MARlA P. COGNETTI & ASSOCIATES I>ate: August 31, 2006 By: \ o R T. SMULL, ESQUIRE Attorney 1.0. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for I>cfendantIPetitioner 08/31/2006 15:13 FAX 717 909 4068 HARIA P COGNETII @001 F A c s I M I L E To: The Honorable J. Wesley Oler, Jr. Fax: 717-240-6462 Re: Stought v. Barnhart Pages: ~ (including cover sheet) Date: August 31. 2006 Message: Please see attached letter and Defendant's Pretrial Memorandum Please call laura at (717) 909-4060 if there is any problem in transmission. The informatign c:;ontainetl in this telefaC!.imile i-:i transmitted brt an attorney. It Is pti'filesed and confidential, inmnded onlyforthe U!ie of the individual (If entitynam~d :above. Ifthe readefofthi$ message is not the intended J"el;ipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. lfthi$ ~ommunicatiQn has been r~ce:ived in error, p'ease immediately notlfy""$ bytelephonti!:, coiled: if necessary, and return the original mes!liage to us at the above address via the U,S, Postal Service (we wm reimburse P05tage)~ Thank you. FrOm the desk of... Maria P. Cognl&ti) Esquire Maria P. Cogn~ttl & Associates 210 Grandvlew Avenue, Suite 102 Camp HiU,PA 17011 Telephone: 717-909-4060 Fax: 7 r 7.909-4066 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney l.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill,PA 1701I Telephone No. (717) 909.4060 Attorneys for Defendant/Petitioner JESSICA A. STQUGHT, Plaintiff/Respondent : IN THE COURT OF C0Ml\10N PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-0108CNIL TERM CHAD E. BARNHART, Defendant/Petitioner : CNIL ACTION - LAW : IN CUSTODY DEFENDANTIPETITTONER'S PRE-HEARING MEMORANDUM 1. HISTORY OF THE CASE: Defendant/Petitioner, Chad E. Barnhart, (hereinafter "Father"), is currently residing at 10 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257. Plaintiff/Respondent, Jessica A. Stought, (hereinafter "Mother"), is currently residing primarily at 238 Newburgh Road, Newburgh, Cumberland County, Pennsylvania 17240-9212. The parties are the natural parents of one (1) child, namely Brady E. Barnhart, born June 12, 1995, who is currently ten (10) years of age. On or about October 15,2002, the parties entered into.an Agreement regarding custody of their minor child. Pursuant to that Agreement, Respondent and Petitioner have shared legal custody of the child with primary physical custody being vested in Mother and periods of partial physical custody vested in Father on alternating weekends from Friday through Sunday and one evening per week. Following the entry ofthe October 15, 2002 Order of Court the parties altered the schedule on their own to allow Father more time with the child. For more than two (2) years Father has exercised custody ofthe child every other weekend from Friday through Monday morning and every Wednesday overnight. Despite this additional time, the child continued to request more time with Father. Mother, however, was unwilling to agree to alter the schedule further. On or about March 13, 2006, Father filed a Petition for Modification of Custody seeking shared physical custody of the minor child. A custody conciliation was scheduled for April 21, 2006 before Hubert X. Gilroy, Esquire and subsequently continued until May 30, 2006. On May 30,2006 a conciliation conference was held and the parties were unable to come t6 an agreement. A hearing was subsequently scheduled for September 7,2006, at 9:30 a.m. before the Honorable J. Wesley Oler, Jr. Following the conciliation conference the parties came to an agreement between themselves as to a new custody schedule for the child. The parties began following said schedule in June 2006 and continued to do so for the entire summer, despite not having a signed agreement. Said schedule was memorialized in a Stipulation by counsel for Father and was sent to counsel for Mother for review. Counsel for Mother responded, after having the draft Stipulation for over a month, with minor changes to the agreement mostly concerning holiday time. 'No change was requested regarding the day to day custody schedule. Counsel for Mother and counsel for Father spoke and agreed to a few modifications of the agreement, which was then to be faxed to counsel for Mother for her approval. For some unknown reason, on the evening of Tuesday, August 29, 2006, Mother angrily instructed Fatherthat she would no longer be allowing him to follow the schedule that they had agreed to and that she was insisting that he go back to the original Order of October 15, 2002. Counsel for Father contacted counsel for Mother on Wednesday, August 30, 2006, regarding the change in Mother's position. Mother's counsel assured counsel for Father that they still had a deal and that she would speak with Mother. Counsel for Mother then contacted counsel for Father and indicated that she had spoken with Mother and that there was no problem with the agreement. Counsel for Father then emailed a copy of the agreement to counsel for Mother for her final review. Counsel for Father contacted Father on Wednesday, August 30, 2006, based upon the word of counsel for Mother, to assure him that an agreement was reached and that the hearing scheduled for September 6, 2006, would not be necessary. Father proceeded with his day in the belief that the parties would continue following the agreement until Mother attempted to prevent Father from taking the child home from football practice, insisting that the parties were returning to the October 15,2002 schedule until an agreement was signed or an order was entered. Father left with the child and Mother called the State Police. The State Police contacted Father but did not require him to return the child. This incident occurred just hours after counsel for Mother had assured counsel for Father that they had a deal, which raises the question of whether there was ever a deal at all. Counsel for Mother then sent a letter by fax to counsel for Father at noon on August 31, 2006, indicating that the agreement was off and that she would be proceooing with the custody hearing. The timing of the letter required counsel to drop everything to complete this pre-hearing memorandum so that it could be submitted pursuant to the Court's Order ofJune 7, 2006. Counsel for Mother appeared to have her pre-hearing memorandum prepared, despite the fact that she had assured counsel for Father that they had an agreement. The more serious problem created by this turn of events is that Mother has reverted to the terms of the old Order, forbidding Father from spending the time with his son that he has enjoyed for the last two (2) yeaJ;"s, for fear that she will again call the police. II. STATEMENT OF ISSUES CURRBNTLYBEFORE THE COURT: Father believes that the child should reside with him on at least a 50/50 shared basis. Father filed for shared custody due to the wishes ofthe child and his belief that the child's best interests would be served by having him spend equal time with both parents. Father had agreed to a schedule that was something le~s than shared in order to try to avoid having to go to court but still believes that a shared schedule is best for the child. The child has now grown accustomed to having longer periods of time with Father and believes that Mother's actions, in unilaterally ceasing said visits, will be detrimental to the child. ill. WITNESSES TO BE CALLED: 1. Chad Barnhart - Will testifY generally as to his relationship with the child; his fitness as a parent; the custodial envirorunent he has provided for the child; his relationship with Mother; and, other areas which pertain to the best interests of the child. 2. Jessica A. Stought - As of Cross. 3. BarrvBarnhart (Father's father) - Will testifY generally as to his relationship with the child; Father's fitness as a parent; the custodial enviromnent Father has provided for the child; Father's relationship with Mother; and, other areas which pertain to the best interests of the child. 4. Kendra Mathna (Father's girlfriend) - Will testifY generally as to her relationship with the child; Father's fitness as a parent; the custodial environment Father has provided for the child; Father's relationship with Mother; and, other areas which pertain to the best interests of the child. 5. Summer Franzoni (Father's sister) - Will testifY generally as to his relationship with the child; Father's fitness as a parent; the custodial enVironment Father has provided for the child; Father's relationship with Mother; and, other areas which pertain to the best interests of the child. 6. Maria Barnett (Father's sister) - Will testifY generally as to his relationship with the child; Father's fitness as a parent; the custodial enviromnent Father has provided for the child; Father's relationship with Mother; and, other areas which pertain to the best interests of the child. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: August 31, 2006 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011' Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for Petitioner herein, do hereby certifY that on this date I served the foregoing Pre-Hearing Memorandum by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Kara Haggerty, Esquire ABOM & KUTULAKIS 8 South Hanover Street Carlisle, P A 17013 MARIA P. COGNETTI & ASSOCIATES Date: August 31, 2006 By: 210 Grandview Avenue, Suite 102 CampHill,PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner ^, JESSICA A. STOUGHT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-0108 CIVIL ACTION LAW CHAD E. BARNHART DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 15, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _.Hub,n:tX., Gilro)', E.s'l., ,.' the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 21, 2006 at 9:30 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 detine 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 schednled hearing. FOR THE COURT. By: /s/ Hubert X Gilrov. Esq. Custody Conciliator '?~'). The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 THIS PAPER TO YOUR A TTORNEY 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 J /? -,?it:. .3 A; .tJ~ 3 '11; .,?i6 " /~~ RLED-OFftCE OF THE PHOTHONOTf\RY 2006 MAR 16 AM II: 20 CUMBERLhi\;j GOUNTY PENNSYLVANiA . W. ~1't~ -z 4 ~' ~~ )~ % ~/i~/.~ ~~~ft.~?~, , RECEIVED MAR i 4 2006 '. BY: JESSICA A. STOUGHT, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-0108 CIVIL TERM CHAD E. BARNHART, Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Conciliator, at the , Esquire, , Pennsylvania, on the day of , 2006, at .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or, if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT DATED: BY: Custody Conciliator YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA "VYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, pA 17013 (717) 249-3166 iJ. G ,._~ MARlA P. COGNETTI & ASSOCIATES MARlA P. COGNETTI, ESQUIRE AttorneylD. No. 27914 210 Grandview Avenue, Suite 102 CampHiIl,PA 17011 Telephone No. (717) 9094060 Attorneys for Defendant JESSICA A. STOUGHT, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-0108 CIVIL TERM CHAD E. BARNHART, Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY AN EXISTING CUSTODY ORDER AND NOW, comes Defendant, Chad E. Barnhart, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Petition to Modify an Existing Custody Order, and in support thereof avers as fol1ows: 1. Petitioner is Chad E. Barnhart who currently resides at 10 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Respondent is Jessica A. Stought who currently resides at 238 Newburgh Road, Newburgh, Cumberland County, Pennsylvania 17240-9212. 3. Respondent and Petitioner are the natural parents of one child, namely Brady E. Barnhart, born June 12,1995, who is currently ten (10) years of age. 4. On or about July of 2002, the parties entered into an Agreement regarding custody of the parties' minor child. Pursuant to that Agreement, Respondent and Petitioner have joint legal custody of the child. Mother has primary physical custody of the child and Father has periods of partial physical custody as detailed in the Agreement. A true and correct copy of said Agreement is attached hereto and marked as Exhibit "A." .' 5. Petitioner believes and therefore avers that it is in the best interest of the minor child that the prior custody Order be modified for the following reasons: a. The minor child desires to spend an equal amount oftime with both parties. b. The Petitioner is a fit parent and is equally available to the parties' child. c. Petitioner desires shared physical custody of his child. 6. Petitioner believes and therefore avers that it is in the child's best interest that he and Respondent equally share legal and physical custody ofthe child and therefore he be awarded shared physical custody oftheir minor child. WHEREFORE, Petitioner requests this Honorable Court grant shared legal and physical custody of the child to both Mother and Father. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: March 10, 2006 By: 210 Grandview Avenue, Suite 102 Camp Hill, PAl 701 I Telephone No. (717) 909-4060 Attorney for Petitioner , , " YERtFICA TIm!: 1, Chad E, Bamhart, hereby verify and smte that the facE SlIt forth in the foregoing documellt are true and COrrect to the best oftri)' irrfoI"l"""tion, knowledge and belief 1 und=tal1d tb.at false statements bl:.....eirJ. are made S1.1bject to the peMIties of '18 Pa.. C.S,A. S4904 ,elating to unswom ver'.nCl!rtlon ro authorities. Date; :3/IO! 0& ~ Chad E. B ,. v. : IN THE COURT OF COMMON PLEAS OF \E9i14 L' : CUMBERLAND COUNTY, PENNSYI,VANIAO CIVIL ACTION - LAW JESSICA ANN SMITH (previously Barnhart) Plaintiff No. 01-0108 CIVIL TERM CHADEUGENEBARNHAR~ Defendant IN CUSTODY ORDER OF COURT AND NOW, this ! 5 It, day of O.::t", L t) _' 2002, upon presentation and consideration of the attached stipulation and agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. Bj~Z g oj!. JESSICA ANN SMITH (previously Barnhart) Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 01-0108 CIVIL TERM CHADEUGENEBARNHAR~ Defendant IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this _ day of July, 2002, by and between Jessica Ann Smith (hereinafter referred to as "Mother"), and Chad Eugene Barnhart (hereinafter referred to as "Father"), WHEREAS, Mother and father are the natural parents of Brady E. Barnhart, born June 12,1995; and WHEREAS, on October 2, 2001, the parties agreed to submit themselves to an independent evaluator; and WHEREAS, the parties have been able to reach an agreement relative to custody of their minor son; and WHEREAS, the parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the minor child; and WHEREAS, the parties desire to confirm their agreement relative to custody of the minor child and execute a Stipulation and Agreement to effect the same. NOW, THEREFORE, inconsideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: I. The Mother and Father shall have joint legal custody of Brady E. Barnhart. 2, Mother shall have primary physical custody of Brady E. Barnhart. 3. Father shall have periods of partial physical custody of the minor child as follows: a. Every other weekend from Friday after the father finishes work through Sunday at 8:30 p.m. b. Every Tuesday from after school until 8:30 p.m.; if there is no school and the father is not working, then from Tuesday morning through 8:30 p,m. c. Any other times as agreed upon between the parties. 4. The parties will alternate holidays except for the Christmas Holiday which will be split between the parties with one party having December 24 at 12:00 p.m. through December 25 at 12:00 p.m., and the other party having December 25 at 12:00 p.m. through December 26 at 12:00 p.m. This schedule will alternate each year. ., 5. Each party shall enjoy one week vacation, and shall advise the other party of the vacation time at least thirty (30) days in advance. 6. The parties will keep each other advised immediately relative to any emergencies concerning the minor child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 7. The parties agree that there shall be reasonable telephone contact with the child during the periods when the child is not in the custody of that party. 8. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 9. Each party shall be entitled to complete and full infonnation from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, '. academic and school report cards, and birth certificates. Both parties may and are encouraged to attend school conferences and activities. 10. The parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child, and shall retain such jurisdiction should circumstances change and either party desires or requires modification of -said Order. II. Any permanent modification Or waiver of the provisions of this agreement must be in writing and shall be effective only if made in writing and executed with the _ same formality as this Stipulation and Agreement. 12. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 13. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party aCknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of dur~s or undue influence. '. , . IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year first above written. WITNESS: Ljd(r~&wv~ hSSI~AA~)J'dJu# ~~~ 7/ I 41. ,:?- ",---r- tHAD E BARNHART . , .' CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Petitioner herein, do hereby certify that on this date I served the foregoing Petition to Modify an Existing Custody Order by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Kathleen A. Engle, Esquire ABOM & KUTULAKIS 8 South Hanover Street Carlisle, PA l7013 MARIA P. COGNETTI & ASSOCIATES Date: March 10, 2006 By: ~fi-/~~t// MAP. COGNET , ESQill I Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Petitioner >- a; <co l- LJ...!C~ 0;" u-::'>-~ ,. , ~7t~, @Ei: El.::-..~ F- U- o , ". (.:..) "- ~ '::-' ~"_.' ~-~ ,-=. (") -~ "'" <<;-=;-: .-<' , ~ __t~! "-"~ ,- -" Ci - '-~ ~~ ~;< "'"' ~ ~ ' ~ , 9 \":':J ~~e cl~~ . .' 11f- /J 11 , . , i JESSICA A. STOUGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-0108 CNIL TERM CHAD E. BARNHART, Defendant : CNIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 7tl. day of s,..pi , 2006, it is hereby ORDERED and DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: -?:hI 5z..~ ~ r- "'C C'? ~ u..rQ .. ," - :::> "~ ~~~~} :::::: "' 9 . ~ ~-.,.. cflS -, ~ .-....c'- r- 0:16: i ,f) ;:E!..W ""- FE: U-J :~3~ U) u_ '-'" ",,-0:: 0 = ::J = <--' <.) 11' o-.~ ~()- ~ ~ iJ .~ e;0- ~ I .Q.. ~ ()-" . < JESSICA A. STOUGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-0108 CNIL TERM CHAD E. BARNHART, Defendant : CIVlL ACTION - LAW : IN CUSTODY STIPULATION FOR CUSTODY AND NOW, this ,'-I-lo.-dayof 5e;:;-k1Ub.et.., 2006, come Plaintiff, Jessica A. Stought, by and through her attorney, Kara W. Haggerty, Esquire, and Defendant, Chad E. Barnhart, by and through his attorney, Maria P. Cognetti, Esquire, and hereby enter the following Stipulation for Custody as follows: 1. Plaintiff is Jessica A. Stought (hereinafter "Mother") an adult individual who currently resides at 238 Newburg Road, Newburg, Cumberland County, Pennsylvania 17240. 2. Defendant is Chad E. Barnhart (hereinafter "Father") an adult individual who currently resides at 10 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of one minor child, namely Brady E. Barnhart, born J1llle 12, 1995, who is currently eleven (11) years of age. 4. The parties agree to share legal custody oftheir minor child. All decisions effecting the child's growth and development including, but not limited to: medical and dental treatment; psychiatric or psychological therapy or like treatment; decisions relating to actual or potential litigation involving the child, directly or as a beneficiary, other than custody and litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extra curricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view toward obtaining and following a hannonious policy in the child's best interest. 5. Mother shall have primary physical custody ofthe minor child. Father shall have partial physical custody of the minor child as follows: a) On a rotating two week basis: 1. Week one: with Mother beginning Thursday after school, or 9:00 a.m. ifno school, through Wednesday until school begins, or 9:00 a.m. ifno school. 1I. Week two: with Father beginning Wednesday after school, or at 9:00 a.m. ifno school, through Monday morning until school begins, or 9:00 a.m. ifno school; with Mother Monday after school, or at 9:00 a.m. ifno school; through Wednesday morning until school begins, or 9:00 a.m. ifno school; with Father Wednesday after school, or 9:00 a.m. ifno school, through Thursday morning until school begins, or 9:00 a.m, ifno school. By way of example, the following chart illustrates the parties' schedule: Week One I Th PM I' M I eo, M I = M I M M I' M I W Mff I Week Two I Th F I 'F I ~ F I '"" F 1M FM I'M [w ~ I \L'v~ ~p~\/ Q;OP cif9 yJ.rC-r ~rf b) The Christmas holiday will be divided into two segments. Segment "A" shall begin on Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon. Segment "B" shall begin at 12:00 noon on Christmas Day and continue through December 26 at 12:00 noon. The segments will alternate between the parents with Mother having . oeLL . cilIA""") Segment "A" ill __numbered years and segment "B' ill ~ numbered year. Father shall have Segment "A" in ~':fa' numbered years and Segment "B" in~umbered years. The parties shall equally divide all other days ofthe child's Christmas break not specifically set forth herein. c) The New Years Day holiday shall be divided as follows: Mother shall have December 31 at 12:00 noon through January 1 at 12:00 noon, and Father shall have January 1 at 12:00 noon through January 2 at 12:00 noon or the beginning of school. This schedule will remain the same every year. d) The following holidays shall be alternated from year to year: President's Day, Memorial Day Labor Day, the child's birthday, Fourth of July, and LaEOny. Mother shall have custody on Labor Day 2006 and the holidays shall alternate from that point forward. fhtl-Se.. hO/1 days :5ha/1 rVfrt -(;.t?""t 9:00 /4.M, To 7.-00 P. rn . e) Thanksgiving Day and Easter Sunday shall be shared by the parties, On Easter, Mother shall have 9:00 a.m. through 3:00 p.m. with the child every year, and Father shall have 3:00 p.m. through 9:00 p.m. with the child every year. On Thanksgiving, Father shall have 9:00 a.m. through 3:00 p.m. with the child every year, and Mother shall have 3:00 p.m. through 9:00 p.m. with the child every year. f) Mother shall have custody every Mother's Day beginning at 9:00 a.m. the and concluding at 7:00 p.m. Father shall have custody every Father's Day beginning at 9:00 a.m. and concluding at 7:00 p.m. g) Each party shall be entitled to one (1) uninterrupted week (seven days) of vacation with the child during his summer break: from school. The parties shall schedule said periods of vacation during their custodial period and shall give the other party thirty (30) days notice of their intended vacation period. The party exercising their week of vacation time shall provide the other party with their itinerary, including, but not limited to, dates, times, specific address or location, a land line telephone number, and any other contact information. h) Thanksgiving and Christmas 2006 - Father shall exercise custody of the child no earlier than Tuesday after school at the beginning of the 2006 Thanksgiving break: through the end of the break:, at which time the regular schedule will resume. Mother shall exercise custody ofthe child from December 24, 2006, at 7:00 p.m. through December 27,2006, at 9:00 a.m., at which time the regular custody schedule shall resume. . . 6. The parties may modifY the schedule as set forth above as they may agree to be in the best interest ofthe minor child, and the parties are encouraged to be flexible in accommodating reasonable requests for scheduled changes. 7. The non-custodial parent at any given time shall have reasonable ongoing telephone access to the minor child, and the minor child should not be precluded from telephoning the non-custodial parent at reasonable times. Should the minor child be unavailable to receive a telephone call from the parent, the custodial parent shall be responsible for having the child return the telephone call. 8. Each party shall keep the other advised of a current address and telephone number. 9. Each party shall advise the other promptly of any illness suffered or injury sustained by the minor child. 10. The parties shall communicate directly with each other regarding the minor child, and shall not allow any interference from any third persons. The minor child should not be used as an intermediary. All contact between the parties, whether in person or by telephone, shall be polite, civil and respectful. 11. The parties will not undertake or allow by any other person the poisoning of the child's mind against one of the other parties by conversation which includes any critical, hostile, or condemning language, or any way derogates the other party from extended family members. ~ . .. . 12. The parties shall not conduct or permit arguments or heated conversations in the presence or hearing of the minor child. 13. Neither party shall attempt or condone any attempt to directly or indirectly, by any artifice, or subterfuge, whatsoever, to estrange the minor child from the other parent, or to injure or impair the mutual love and affection of the minor child. At all times, each parent shall encourage and foster in the minor child a sincere respect and affection for the other parent, and shall not hamper the natural development of the child's love and respect for the other parent. l4. Each parent shall keep the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor child is engaged. Both parents shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parents shall be responsible for the child's attendance at regularly scheduled activities and special events. 15. Each party acknowledges that they have been advised of the legal ramifications of this Stipulation from their respective attorneys, and voluntarily consent to this agreement. l6. It is the intention of the parties that this Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act 23 Pa.C.S. 54. It is agreed that, until subsequent Order of Court of competent jurisdiction, Pennsylvania shall be deemed the home state ofthe child, and that this Stipulation shall be considered the first custody decree or initial decree concerning said minor child. 17. The parties agree that the attorneys for the parties shall schedule a telephone conference in early December to review the impact of the new schedule on Brady's school perfornlance. IN WITNESS THEREOF, and intending to be legally bound thereby, the parties hereto have hereunto set their hands and seals the day and year first above written. d5/1/l<:r.A) d/)~/ &essica A. Stought Plaintiff Kara W. Haggerty, Attorney for Plaint! r" Maria P. Cogne i squire Attorney for Defendant If, VJ!O\~ /.(' fV~" lar~1 1:5 VhCl.tlat!~ble -Gr 0<.- -!!vII cia;,,, dvn:J ~e-Ir Ct./Sfodu-<J -1-1 m e. an d 4-tz e cJu lIJ ttJ Pt"; d be.- {() I ~ -:50/'Vl€.ClY1t2... o~er %t2h -IJ.ao Ir Me/bcbers) '!he.- cus-lodt4-/ larer,f 5ha~ ';;rst om,. 'ft-ta+ penod of' -I-In.e. w Yt.e oiUt e.r pa r e. n 1-.