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HomeMy WebLinkAbout01-0432014 rM Richard Barrick, Plaintiff v. Holly Morse, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO.01-9?06CIVIL TERM ORDER AND NOW, this day of 2001, upon presentation of the foregoing Agreement, said Agreement is hereby approved and entered as an Order of Court. r. r ?,j Z1711 1w N '4-1- V" V' V V 7? . v i„ R5lAMi?? C4^*d Iw ?a?qn-?,akt ? ,sa'et?a3m ?1339p3L ryp? W M v RS a x O ?a d v2 ' U Richard Barrick, Plaintiff V. Holly Morse, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 13th day of July, 2001, between plaintiff, Richard Barrick, hereinafter (father), and defendant, Holly Morse, hereinafter (mother), concerns the custody of the child: Garrett Morse hereinafter (child), born June 10, 2001. Mother and father desire to enter into an agreement as to the custody of the child and to have this agreement made an Order of Court. Mother and father agree to the following: 1. The parties shall share legal custody of the child. 2. The parties shall share joint physical custody of the child, with the mother having primary custody. 3. The father will have custody every other weekend and the parties will alternate, weekly, two to three nights. Weekly evening stays will be mutually agreed upon by the parties. 4. The mother shall always have the option to have custody of the child on Mother's Day and the father shall always have the option to have custody of the child on Father's Day. 5. When the child is in the custody of the other parent, the non-custodial parent shall be entitled to -- a M ' reasonable telephone access with the child. 6. The parties shall keep one another advised of their current address and telephone number. 7. The father and mother will notify each other of all medical care the child receive while in that parent's care. Each parent will notify the other immediately of medical emergencies, which arise while the child is in that parent's care. 8. Neither party will do anything which may estrange the child from the other parent, or injure the opinions of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 9. The parties intend to be legally bound by the terms of this agreement and agree that it shall be made on Order of Court. 'UA%, Holly Mc se, De endant Richard Barrick, Plaintiff Brian P. R ney, Esquire Attorney for e Plaintiff Attorney I.D. # 86898 ABELN LAW OFFICES 37 E. Pomfret Street Carlisle, PA 17013 (717) 245-2851 ftr s ? s ? T c? r JUL 2 4 2002 '?( RICHARD A. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY MOLLY A. MORSE, Defendant : NO. 01 - 4320 CIVIL TERM ORDER AND NOW, this r., day of \ , 2002, having reviewed the agreement between the parties dated July 10, 2002 it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER R?s to = dams 'trl. Cr, z 7 ':' C!) ._ ?-.. _ L!JLU Jo- --D pSgMP. Rpk- _Nror:nt nF w,.?«. su s?p6?i*aa'€.e-vt., IMWWIWW WWW M wl RICHARD A. BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW h IN CUSTODY No. 01 J `f 3 a V HOLLY A. MORSE, Defendant :NO. 01 - 4320 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this h day of U (/ / , 2002, between Plaintiff, Richard Barrick, (hereinafter referred to as "Father" , and Defendant, (hereinafter referred to as "Mother"), concerns the custody of Mother and Father's natural child, Garrett A. Barrick (hereinafter referred to as "Child"), born June 10, 2001. Mother and father desire to enter into an agreement as to the custody of the child and to have this agreement made an Order of Court. Mother and Father agree to the following: 1. The parties shall share legal custody of the child. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement. 2. The parties shall share joint physical custody of the child; the mother shall have primary physical custody of the child. 3. The father shall have custody as follows: A. Every other weekend from Friday at 5:00 p.m. through Sunday at 5:00 p.m. B. Monday, Tuesday, Wednesday, Thursday, and Friday nights from 4:00 p.m. through 8:30 p.m. C. Father's Day from 9:00 a.m. through 2:00 p.m. and the child's birthday from 9:00 a.m. through 2:00 p.m. D. Holidays, including Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas from 9:00 a.m. through 2:00 p.m. F. Mother shall have the child from 9:00 am through 2:00 p.m on Mother's day. G. Other times as mutually agreed upon by the parties. v H. The Holiday visitation schedule shall supemede the regularly scheduled weekends. G. Both parties shall each have the right to take the child for up to two weeks uninterrupted vacation per year with reasonable notice of at least two weeks. 4. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of twelve (12) hours, and for each person or entity which may provide daycare for the child. Each parent shall allow the child to have reasonable telephone contact with the other parent during their periods of custody. One telephone conversation with the child per day shall be deemed reasonable telephone contact with the child. The parties shall not not be precluded from additional telephone contacts with the child should circumstances warrant such additional contact. 5. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child, shall communicate with the other party by telephone or any other means practicable, informing ther other party of the nature of the illness or emergency, so the other parent can become involving in the decision making process as soon as possible. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 6. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. 7. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective successors, executors, administrators, heirs, personal representatives, and assigns. 8. This Agreement shall be governed and controlled by the laws of Pennsylvania. 9. The parties agree that this Agreement may be adopted as an Order of Court without the necesssity of a Court hearing. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. Richard A. arrick, Father ? f t S 5 h RICHARD BARRICK, Plaintiff/Petitioner vs. HOLLY MORSE, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, NO.: 01-4320 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY 1. The Petitioner is Richard Barrick, who resides at 180 Alters Rd., Carlisle, PA 17015. 2. The Respondent is Holly Morse, who resides at 610 Doubling Gap Rd., Newville, PA 17241 3. Petitioner is requesting that his scheduled visitation periods be extended in order to broaden the relationship between himself and his child. 4. Petitioner is requesting that he be awarded Primary Physical Custody of said child. WHEREFORE, the Petitioner requests a Modification of Custody. Date: Ir za o Respectfully Submitted, By. Paul Bradford Orr, Esquire Attorney for Plaintiff/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA Court ID # 71786 RICHARD BARRICK, Plaintiff/Petitioner vs. HOLLY MORSE, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, NO.: 01-4320 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE hereby certify that on this S? day of J1 ooe fYLkliQ , 2009, 1 mailed a copy of Petitioner's Petition for Modification of Custody to the following persons at the following address by First Class Mail as follows: Holly A. Morse 610 Doubling Gap Rd. Newville, PA 17241 Respondent, pro se Paul Bradford Orr, Esquire Attorney for Plaintiff/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No.: 71786 F?I.FD-0~t:trLF OF THE P"a "P"NNOTARY 2009 NOV -6 A ! I S V P- LV 1; no. ob C ?. K-- a 33 RICHARD BARRICK, Plaintiff/Petitioner vs. HOLLY MORSE, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, NO.: 01-4320 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY COURT ORDER AND NOW, this " day of October, 2009, Petitioner Richard Barrick, by and through his counsel, Paul Bradford Orr, Esquire, respectfully represents the following: 1. Petitioner is Richard Barrick, natural father of minor child, Garrett A. Barrick with a date of birth of June 10, 2001. 2. Respondent, Holly Morse, is the natural mother of the child referred to in paragraph one (1). 3. On July 25, 2002, an Order of Court was issued by the Honorable J. Edgar B. Bayley, whereby it was Ordered that Petitioner and Respondent would have Shared Legal Custody and Joint Physical Custody. The visitation scheduled was scheduled as follows: a. Father is to have Custody of the aforementioned child every other weekend from Friday at 5:00 pm through Sunday at 5:00 pm. b. Monday, Tuesday, Wednesday, Thursday, and Friday nights from 4:00 pm through 8:30 pm. (See copy of Order and Custody Agreement Attached and Marked as Petitioner's Exhibit "A"). 4. Respondent has not allowed Petitioner his rights to his visitation periods during the week days on and off since the signing of the Custody Agreement. 5. With regards to the Shared Legal Custody, Petitioner has not been permitted any medical, dental or school records for said minor child. Petitioner has not been notified by Respondent of any extracurricular activities, school pictures, children's parties, musical presentations, back-to-school night, or any of the same. 6. Respondent has been telling minor child to lie to Petitioner on issues regarding to his medical and schooling. For example, when minor child was placed on psychiatric medication, Respondent told minor child not to tell Petitioner. In addition Respondent told minor child not to tell Petitioner that he failed 1St grade. WHEREFORE, Petitioner respectfully requests that this Honorable Court find the Respondent in Contempt of the previously issued Order and award counsel fees, costs, and other fees as appropriate to Petitioner. Additionally, Petitioner respectfully requests this Honorable Court to schedule an immediate Hearing so that Custody can be expanded of the minor child, Garrett A. Barrick, as Petitioner has suffered undue and unreasonable delay on the part of Respondent. ly Submitted, Paul Bradford Orr, Esquire Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID 71786 t RICHARD BARRICK, Plaintiff/Petitioner vs. HOLLY MORSE, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, NO.: 01-4320 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this -?' day of October, 2009, 1 mailed a copy of Petitioner's Petition for Contempt of Custody Court Order to the following persons at the following address by First Class Mail as follows: Holly Morse 610 Doubling Gap Rd. Newville, PA 17241 Respondent, pro se Paul Bradford Orr, Esquire Attorney for Plaintiff/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No.: 71786 - y1 FILED-10~'jt? 0E THE "TH,"'" C)TARY _. 2009 NOV - 6 AH 11: 1 ,56 RICHARD BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLLY MORSE 2001-4320 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 12, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 11, 2009 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. Gilroy, Es q. 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 (2oz-1 . CoFtFs f n P, LcrC P44y -(). Dam coplmbLC"cc., -/o W. MC4-rF, W. at ?r ? ? RICHARD BARRICK, Plaintiff V. HOLLY A. MORSE, Defendant r) C-- N O r 7 j Y ``? r n IN THE COURT OF COMMON P LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 01-4320 CIVIL ACTION - CUSTODY STIPULATED CUSTODY AGREEMENT WHEREAS, Richard Barrick, hereinafter matter referred to as "FATHER" and Holly A. Uglow, formerly known as Holly A. Morse, hereinafter referred to as "MOTHER" are the natural parents of Garrett Barrick (DOB: June 10, 2001); and WHEREAS, FATHER and MOTHER desire to make arrangements for the custody and visitation of the said child; and, WHEREAS, both parties have been advised by counsel or 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: 1. The parties shall have Joint Legal Custody of the child and shall confer with respect to major decisions with respect to the upbringing of the child including, but not limited to, his education, health, medical care and religious upbringing. 2. The parties shall equally share Physical Custody of the child on a week-on, week-off basis. By way of further explanation, Father shall pick up child from Mother's home on Sunday at 5:00 pm. Mother will pick up child from Father's home the following Sunday at 5:00 pm. 3. Transportation shall be the responsibility of the party receiving the child. The exchange shall take place at the parties' homes. 4. Each party will be given two (2) weeks consecutive a year to take with the child for Vacation. Each party will need to give the other party a two (2) week advance notice of when they plan on taking this vacation. Neither party will keep the child more than two (2) consecutive weeks total. Either the parties should agree to shift weeks or adjust the schedule accordingly so that neither party goes more than two (2) weeks without seeing said child. 5. Each party shall be responsible for the day to day care of the child while the child is in their custody, including but not limited to any and all daycare expenses. 6. Both 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 and/or times specified may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the child. To that end, the parties agree to cooperate with one another to encourage the relationship of the child with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. 7. Each parent is allowed reasonable telephone time with the child while the child is in the custody of the other parent. 8. The child will finish out School Year 2009/2010 in Newville and will start at Plainfield Elementary for School Year 2010/2011. 9. Mother will claim the child on her Income Taxes every year. 10. The holidays are on an alternating schedule. Byway of further explanation, Mother will have child for Christmas Eve 2009 until Christmas Day 2009 at 10:00 am. Father will have child Christmas Day 2009 from 10:00 am until 4:00 pm. Father will then have the child on Christmas Eve 2010 until Christmas Day 2010 at 10:00 am. Mother will have child Christmas Day 2010 from 10:00 am until 4:00 pm. The remaining Holiday schedule is as follows: a. New Years Eve 2009 - Father b. New Years Day 2010 - Mother C. Easter 2010 - Father d. Memorial Day 2010- Mother e. Mother's Day - Mother f. Father's Day - Father g. Fourth of July 2010 - Father h. Labor Day 2010 - Mother i. Thanksgiving 2010 - Father j. Child's Birthday - Whoever has him on that day. 11. In the event either party relocate their residence, temporary or permanent, they must notify the other party of his/her new address and telephone number at least thirty (30) days before the actual change of residence. 12. Both parties agree that neither shall move out of the jurisdiction of Pennsylvania with the child without written consent of the ether parent or Court Order 13. This Agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon Court approval. WHEREFORE, the parties pray that the Court enter the Order attached hereto. We verify that the statements made in this Petition are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. n Adams, Esquire Holly A 11O-W Paul Bradford Orr, Esquire Richard Barrick JAN 1 2 2010 RICHARD BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW w ?-J HOLLY MORSE, NO. 2001-4320 Defendant IN CUSTODY N ORDER ?C? AND NOW, this 12 day of January, 2010, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. . (;, w--, ?) Hubert X. Gilroy, F Custody Conciliator F1E??- .ter T' JI.. -iL f:,fv. 2010 Jetty 25 Fri !: 21 `JAN 15 7.010 I v+\l1I v RICHARD BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No.: 01-4320 HOLLY A. MORSE, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this zSday of 2009, 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. Distribution: Paul Bradford Orr, Esquire Attorney for Plaintiff ,--lane Adams, Esquire Attorney for Defendant BY THE COURT: Hubert X. Gilroy, Esquire .? Custody Conciliator ?l RICHARD BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. w ?. 2001-4320 CIVIL ACTION LAW c :Z = = ? :- r t HOLLY MORSE _<D C) I IN CUSTODY ? --4 C) DEFENDANT > ? --n I _. ?> ORDER OF COURT AND NOW, Thursday, June 09, 2011 , upon consideration of the attached Co mplaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 15, 2011 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 define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. Gilroy, Es q, Custody Conciliator ??y vl*04? 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. Copy on"W16V _/V (?lrr d ? om Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 0-71 l? RICHARD BARRICK, Plaintiff VS. HOLLY MORSE, Defendant : IN THE COURT OF COMMON PI AWF ?Yr : CUMBERLAND COUNTY, PENNSI,TI -n •? rn.r NO.01-4320 © p may' N -)O CIVIL ACTION - LAW ?. 3 IN CUSTODY r Z •- ?• PRACEIPE TO ENTER AND WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Jane Adams, Esquire as counsel of record on behalf of the Defendant. Date: BY: J dams, Esquire 1 VV?* st South Street C e, PA 17013 Kindly enter the appearance of Jessica Holst, Esquire as counsel of record for the Defendant. Dater BY: Jess' . D. Holst, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 RICHARD BARRICK, Plaintiff VS. HOLLY MORSE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4320 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Holly Morse (n/k/a Holly Uglow), hereby certify that I have served a copy of the foregoing PRACEIPE TO ENTER AND WITHDRAW APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postaize Pre-Paid Paul B. Orr, Esquire Law Offices of Paul Orr 50 East High Street Carlisle, PA 17013 Date: J Z' l 4w?-- Je 1 a o , Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 RICHARD BARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v HOLLY UGLO (formerly HOLLY MORSE), NO. 2001-4320 ?7; y Defendant IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess c' COURT ORDER AND NOW, this / 1 ` day of August, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of January 25, 2009, shall continue in effect subject to the modifications set forth below: 2. Unless agreed otherwise by the parties, the minor child shall attend the Mount Rock Elementary School in the Big Spring School District. 3. In the event father desires to proceed with a hearing on his suggestion that he should have primary custody of the minor child, counsel for the father may contact the Custody Conciliator directly to schedule a telephone conference between counsel for the parties and the Conciliator after which the Conciliator may submit an appropriate Order to this Court scheduling a hearing. BY THE COURT, cc: ? Paul B. Orr, Esquire ?eS ? ./ Jane Adams, Esquire ?or 811111( , RICHARD BARRICK, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HOLLY UGLO (formerly HOLLY MORSE), NO. 2001-4320 Defendant IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE, OF CIVIL 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 ofthis litigation is as follows: Garrett Barrick, born June 10, 2001. 2. A Conciliation Conference was held on August 5, 2011, with the following individuals in attendance: The father, Richard Barrick, with his counsel Paul B. Orr, Esquire, and the mother, Holly Uglo (formerly Holly Morse), with her counsel, Jane Adams, Esquire. 3. The parties agree to the entry of an Order in the form as attached.. Date: August , 2011 a?? n '?J Hubert X. Gilroy, Esquir Custody Conciliator • FILE" P irk F Marlin L. Markley, Jr., Esquire 2011 OCT 20 A = : n ti 3920 Market Street, Suite 303 Camp Hill, PA 17011?ty{,' Attorney ID No. 84745 INS Y I„?tt 1 P (717) 635-9538 - Telephone (717) 635-9578 - Facsimile Attorney for Plaintiff RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2001- 4320 CIVIL TERM HOLLY UGLO (formerly HOLLY CIVIL ACTION -CUSTODY MORSE), Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Richard Barrick, in the above captioned matter. Respectfully submitted, Date: V6120 20 it Marlin?kley, Jr., Esquire 3920 Mark Street, Suite 303 Camp Hill PA 17011 Attorney I No. 84745 (717) 635-9538 - Telephone (717) 635-9578 - Facsimile Attorney for Plaintiff RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2001- 4320 CIVIL TERM HOLLY UGLO (formerly HOLLY CIVIL ACTION - CUSTODY MORSE), Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the persons by First Class Postage Paid Mail, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: Jessica C.D. Holst, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Hubert X. Gilroy, Esq. 10 E. High Carlisle, PA 17013 Respectfully submitted, Date: 2,011 Marlin L. kle , Jr., Esquire 3920 Market S et, Suite 303 Camp Hill, P 17011 Attorney ID No. 84745 (717) 635-9538 - Telephone (717) 635-9578 - Facsimile Attorney for Plaintiff ,--,I t RICHARD BARRICK, Plaintiff vs. HOLLY UGLO (formerly HOLLY MORSE), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW of -?3ao C NO.-204-3494 ; mco C_ IN CUSTODY -<?' ,ca COURT ORDER AND NOW, this ! day of 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in the above-captioned matter on the 12t I day of 2012, at :3D P . m. in Courtroom No. of the Cum erland County Courthouse. At this hearing, the 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 the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of August 11, 2011, which incorporates the more previous Order of January 25, 2010, shall remain in place. BY THE COURT: cc: Marlin L. Markley, Esquire Jessica C. D. Holst, Esquire t0j:ie.5 ma,%d egl r-` U}.pJ,,k3 ' • C L4-ex Judge f77? r VM C? -T, $I 1 RICHARD BARRICK, Plaintiff vs. HOLLY UGLO (formerly HOLLY MORSE), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-3704 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT This matter has been before the Custody Conciliator a few times and the Conciliator conducted a recent conference with the parties and their counsel. The bottom line is that there is currently a 50-50 custody situation and the Father, for a variety of reasons, believes that it is in the best interest of the minor child for the Father to have primary custody. The Mother disagrees, and a hearing is required. The Conciliator recommends an Order in the as attached. Date: November ??, 0-, 2011 Hubert X. Gilroy, Custody Concili;y F 2I 1 1Z 01'z RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2001- 4320 CIVIL TERM HOLLY UGLO (formerly HOLLY CIVIL ACTION -CUSTODY MORSE), Defendant COURT ORDER AND NOW, this - -6- day of fA UA 2012, upon consideration of the Plaintiffs Motion for Continuance with Defendant's Co ence, it is ordered and directed as follows: 1. A hearing is scheduled in the above-captioned matter on the p1!?6 day of i11?e Cf? , 2012, at T, Z4 _ k. m. in Courtroom No. 6 of the Cumberland County Courthouse. At this hearing, the 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 the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of August 11, 2011, which incorporates the more previous Order of January 25, 2010, shall remain in place. BY THE M t?'t -,. Thomas 1 ey, Judge r- --? `_ 'm Distribution: Marlin L. Markley, Jr., Esq., 3920 Market Street, Suite 303, Camp Hill, Pennsylvania 17011 Jessica C. D. Holst, Esq., MidPenn Legal Services, 401 E. Louther St., Suite 103, Carlisle, PA 17013 AeI RICHARD BARRICK, Plaintiff v HOLLY UGLO (formerly HOLLY MORSE), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4320 CIVIL TERM IN CUSTODY IN RE: MOTION FOR CUSTODY MODIFICATION ORDER OF COURT =+? r N AND NOW, this 26th day of March, 2012, t?°ie motion for custody modification, without mother's presenaY tre -.aP following interim order is entered:x 1. Father shall have primary physical custody of the child, Garrett Barrick. 2. This interim order shall expire at 4:00 p.m. on Monday, April 2, 2012. 3. The parties will either have an agreement for signature by the Court or notice to the Court that an expedited custody hearing is needed by the close of business Monday, April 2, 2012. Bv the urt, H Thomas A Placey C.P.J. ? Marlin L. Markley, Jr., Esquire 3920 Market Street Suite 303 Camp Hill, PA 17011 For Plaintiff Jessica C.D. Holst, Esquire MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 For Defendant mae CO?i 5 Mm r 1041 L RICHARD BARRICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V., NO. 2001-4320 CIVIL TERM ?- HOLLY UGLOW (formerly CUSTODY r-0 - , HOLLY MORSE) =0 -`= Defendant wti .. STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODft ? AND NOW, this qIday of Lgof; 2012, Plaintiff, (hereinafter "Father") and Defendant (hereinafter "Mother"), having reached an agreement regarding custody and the best interest and welfare of their minor child, they hereby stipulate and agree as follows: 1. Father, Richard Barrick, resides at 180 Alters Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Mother, Holly Uglow, is currently incarcerated at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013. Upon her release, Mother will return to her residence at 11 Peiper Court, Carlisle, Cumberland County, Pennsylvania 17015. 3. Father and Mother are the natural and biological parents of the minor child, Garrett Barrick, June 10, 2001. 4. Legal Custody: Mother and Father shall share joint legal custody of Garrett. Mother and Father agree that major decisions concerning Garrett, including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in Garrett's best interest. Mother and Father agree not to impair the other party's rights to shared legal custody of Garrett. Mother and Father agree not to attempt to alienate the affections of Garrett from the other party. Each party shall notify the other of any activity or circumstance concerning Garrett that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of Garrett at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding Garrett back in school, authorizing enrollment in college, authorizing his driver's licenses or purchase of an automobile, authorizing employment, authorizing marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. It is understood that while Mother is incarcerated, Father shall have the ability to make any and all decisions affecting Garrett's well-being without consultation with Mother. It is further agreed that Father will be permitted to sign Garrett up for extracurricular activities in which Garrett has expressed an interest and that he will be responsible for all transportation for those activities. This will in no way prevent or exclude Mother's participation or attendance at these activities but is meant to ensure that Garrett is able to fully participate in those activities in which he has demonstrated an interest. 5. Father shall have primary physical custody of Garrett. 6. Upon her release from incarceration, and provided that it does not violate with any terms of bail conditions, parole or probation, Mother shall have periods of partial physical custody as follows: a. For the first month after her release, Mother will have periods of partial custody with Garrett every other Saturday and Sunday from 10:00 a.m. until 8:00p.m. each day. b. After one month, Mother will have periods of partial physical custody on alternating weekends from Friday after school until Sunday at 5:00 p.m. c. At any other times as the parties may agree. d. Transportation shall be provided by the receiving party. 7. Mother and Father intend to parent Garrett with friendly cooperation and in a spirit of compromise and flexibility. Any conflicts will be governed by the Agreement, should any occur. 8. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of Garrett and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from schools, physicians, psychologists, or other individuals concerning Garrett's progress and welfare. 9. Holidays: a. This holiday schedule shall not be in effect until Mother has been released from her period of incarceration. b. New Year's: In even numbered years, Mother shall have Garrett from December 31St at 12:00 noon until January 1St at 12:00 noon and in odd numbered years, Father shall have Garrett from December 31St at 12:00 noon until January V t at 12:00 noon. (The December 31St year shall control the even/odd determination). c. Easter: The parties shall split the Easter holiday with Father having Garrett from 8:00am until 2:00pm in even numbered years and Mother having Garrett from 2:00pm until 8:00pm. In odd numbered years, the parties shall reverse this schedule. d. Mother will have physical custody of Garrett on Mother's Day and Father will have physical custody of Garrett on Father's Day. On either day, the parent shall have Garrett from 9:00 a.m. until 7:00 p.m. e. Memorial Day and Labor Day: The parties shall simply allow these two holidays to fall where they may in regard to the regular custody schedule. The party having custody the weekend of the holiday will extend his/her weekend to end Monday evening at 5:00p.m. rather than Sunday at 5:00p.m. f. July 4th: The parties shall alternate this holiday with Father having the day in 2012 and Mother having the day in 2013. The parties shall continue to alternate this holiday for future years. g. Thanksgiving: The parties shall split the Thanksgiving holiday with Father having Garrett from 8:00am until 2:00pm in even numbered years and Mother having Garrett from 2:00pm until 8:00pm. In odd numbered years, the parties shall reverse this schedule. h. Christmas: In even numbered years, Father shall have Garrett from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and Mother shall have Garrett from 12:00 noon Christmas Day until December 26th at 12:00 noon. In odd numbered years, Mother shall have Garrett from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and Father shall have Garrett from 12:00 noon Christmas Day until December 26th at 12:00 noon. i. The holiday schedule outlined above will take precedence over the regular custody schedule. All other holidays not outlined above are subject to the regular custody schedule or other agreement of the parties. 10. Mother and Father shall permit and support Garrett's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc., shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time and date variations to the other parent when special recreational options or other unexpected opportunities arise. 11. Mother and Father shall organize ways for Garrett to maintain his friendships, extracurricular activities, and other special interests, regardless of which household he may be in. It is also suggested that toys, clothes, etc., not become matters of contention. Major gifts should be discussed and coordinated between Mother and Father. 12. Mother and Father must confer with the other parent before arranging regularly occurring extracurricular activities for Garrett which might interfere with regular visitation. 13. Mother and Father shall use care in screening babysitting/childcare providers. The telephone numbers of these providers will be provided to both parents. Mother and Father should provide one another with a phone number and address where Garrett may be contacted whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 14. During any period of custody or visitation, neither Mother nor Father shall possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. Mother and Father shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 15. Telephone contact: Mother and Father shall be entitled to reasonable telephone contact with Garrett, which shall not be excessive. 16. Neither Mother nor Father shall permanently relocate without compliance with the provisions of 23 PaCS §5337. The parties agree that Cumberland County shall retain jurisdiction of this matter. 17. No Conflict Zone: Mother and Father should agree to refrain from encouraging Garrett to provide reports about the other parent. Communication should always take place directly between Mother and Father, without using Garrett or significant others as intermediaries. Mother and Father should encourage Garrett to send the appropriate holiday cards to the other parent. 18. Mother and Father shall be entitled to custodial time outside the parameters of this Agreement so long as they agree to such changes or additions to the regular custody schedule. Mother and Father also recognize that by agreement, they may make any changes, alterations or additions to any portion of this Agreement. In the case of a disagreement regarding such changes, Mother and Father shall follow the custody schedule as outlined in this Agreement. WHEREFORE, the parties request that this Honorable Court confirm this Stipulation in an Order Confirming Custody. Respectfully submitted: RICHARD BARRICK M 1 L. Markley, Jr., Esquire Law ffice of Marlin L. Markley, Jr. 392 Market Street, Suite 303 Camp Hill, PA 17011 (717) 635-9538 Attorney for Plaintiff ) ''- 1199- 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 Attorney for Defendant RICHARD BARRICK, Plaintiff V. HOLLY UGLOW (formerly HOLLY MORSE) Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4320 CIVIL TERM CUSTODY Si ORDER AND NOW, this _ a y of 2012, on consideration of the attached Stipulation for Entry of an Agreed Qrder of Custody, it is hereby ORDERED and DECREED that the terms and conditions of the aforementioned stipulation are hereby entered as an Order of Court. .. ?" BY URT: MC4V MM ^p 01- 70 70 -j FT Distribution: ? Marlin L. Markley, Jr., Esquire; 3920 Market Street, Ste. 303, Camp Hill, PA 17011 = c~' Jessica C. D. Holst, Esquire, MPLS, 401 E. Louther Street, Ste. 103, Carlisle, PA 17013 &p, PSota.:(,ed ?ltg Y ?