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JUN 2 ? 2000
KELLY A. BARNARD IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. CIVIL ACTION - LAW
CUSTODY
MICHAEL W.BARNARD
Defendant #994311 CIVIL TERM
ORDER OF COURT
AND NOW, thiseday of 3i:-Q , 20 -00, upon agreement of the
parties, the attached Custody Stipulation and Agreement is made an Order of
Court.
BY THE CO
J.
Ruby D. Weeks, Esquire For Plaintiff
Michael W. Barnard, Pro Se
G-a8•o?
R?
00 JUN 28 AH 8.29
CUMCEH ,=<\ll COUNTY
PENNSYLVANIA
KELLY A. BARNARD IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. CIVIL ACTION - LAW
CUSTODY
MICHAEL W.BARNARD
Defendant #994311 CIVIL TERM
CUSTODY STIPULATION AND AGREEMENT
This Agreement and Stipulation entered into the day and year hereinafter
set forth, is by and between Kelly A. Barnard, natural mother, by her attorney,
Ruby D. Weeks, Esquire, and Michael W. Barnard, natural father, who aver as
follows:
I. Plaintiff is Kelly A. Barnard natural mother and an adult sui juris, who
resides at 31 Roosevelt Avenue, Middletown, Cumberland County,
Pennsylvania, 17057.
II. Defendant is Michael W. Barnard natural father and an adult sui juris, who
resides at 210 DuBois Street, DuBois, Pennsylvania, 15801.
III. Mother and father are the parents of one child, Shanan Marie Barnard, born
September 23, 1993.
IV. The parties, Kelly A. Barnard and Michael W. Barnard, agree to the
following custody terms regarding custody of Shanan Marie Barnard, and
request the terms be entered as an Order of Court:
A. The parties shall have joint, shared, legal custody of the child.
B. The mother shall have actual physical custody of the child, with
partial custody awarded to the father as follows:
1. Every third weekend from Friday at 6:00 p.m. until Sunday at
6:30 p.m. unless the parties agree otherwise on a time for
exchange of custody. Exchange of custody shall take place at
- 2 -
the Wendy's in Enola with the Mother taking the child to
Wendy's and Father picking the child up there on Friday and
the Father taking the child to Wendy 's on Sunday evening and
the Mother picking the child up at that location.
2. On the Thanksgiving holiday, Father shall enjoy custody with
the minor child from Thanksgiving Day at 2:00 p.m. through the
following Sunday at 6:00 p.m.
3. For the Christmas holiday, Father shall enjoy custody from
Christmas Day at 2:00 p.m. through December 28th at 6:00 p.m.
4. The parties agree to alternate the Easter, Memorial Day, July
Fourth and Labor Day holidays, beginning with July Fourth 2000
when the father shall have the child from 8:00 a.m. to 9:00
p.m.
5. The father shall have partial custody of the child for seven
days during each of the summer months when the child is not in
school. For the year 2000, the parties shall mutually agree
on the dates for June and the father shall by June 30, 2000
advise the July and August dates. In subsequent years, the
father shall provide dates to the mother no later than May 15
of each year.
6. The father shall provide transportation to and from the
Wendy's restaurant in Enola, PA. He shall do so in a timely
fashion. In the event he is more than one (1) hour late
without calling the mother, that visit is forfeited by the
father.
C. The parties may modify this schedule as they agree. Absent an
agreement between the parties, the schedule set forth above shall
control.
- 3 -
D. Both parties shall enjoy reasonable telephone contact with the minor
child while the child is in the other parents custody.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the
terms hereof,
2000 .
set forth their hands and seals this day of ,
Ruby D. Weeks, Esquire
Attorney for Plaintiff
10 West High Street
Carlisle, PA 17013
tness
Mael W. BarnardW. Barnard
Defendant - father
- 4 -
COMMONWEALTH OF PENNSYLVANIA s
as
COUNTY OF CUMBERLAND s
On this, the p±4ay of --?1\n\?I20CL, before me, a Notary
Public, the undersigned officer, PLrsonallY appeared Kelly A. Barnard known to
me to be the person whose name is subscribed to the within Custody Stipulation
and Agreement, and acknowledged that she executed the same for the purposes
therein contained.
Go" jl
?OLA?pqulDMl, 7
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cu-c& aU Uj
.Notary Public
COMMONWEALTH OF PENNSYLVANIA
as
COUNTY OF CUMBERLAND
On this, the day of 20_, before me, a Notary
Public, the undersigned officer, personally appeared Michael W. Barnard,
known to me to be the person whose name is subscribed to the within Custody
Stipulation and Agreement, and acknowledged that he executed the same for the
purposes therein contained.
Notary Public
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JUN 2 72000 V
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ATTORNEY AT LAW
TELEPHONE 717-243.1294
TEN WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013.2985
The Honorable Judge Guido
1 Courthouse Square
Carlisle, PA 1,7,.9j3
Rp Y Barnard v. Barnard
#99-4311 Civil Term - In
Dear Judge Guido:
June 23, 2000
ii
Please be advised that the parties have reached an agreement in custody and no longer
require the hearing scheduled for June 28, 2000.
Sincerely,
Ruby D. Weeks, Esquire
RDWi cam- .
cc: Kelly Barnard
Michael Barnard
MAR 4 3 200JAP
KELLY A. BARNARD, IN THE COURT OF COMMON PLEAS OF
Plaintiff' CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MICHAEL W. BARNARD, NO. 99-4311 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this P K day of March 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
A hearing eduled in Courtrnnm Nn 5 of the Cumberland County Courthouse
on the a?? day of JZ".-q L , 2000 at : Dd A. M. at
which time testimony will be taken in this case. At that hearing, the Father, Michael
W. Barnard, shall be the moving party and shall proceed initially with testimony.
Counsel for the parties or, in the event Father does not obtain counsel for the
hearing, the Father himself and the attorney for the Mother shall file with the Court 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 at the hearing 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 September 14, 1999
shall remain in effect.
BY TH
J.
Edward E. Guido
cc: Ruby D. Weeks, Esq.
Michael W. Bernard gLQ-00
RD 2, Box 515
Brockway, PA 15824 45
20
l.'J II.
PEN.N!:, i L ",VI y
KELLY A. BARNARD,
Plaintiff
MICHAEL W. BARNARD,
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4311 CIVIL
IN CUSTODY
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:
The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Shanan Marie Barnard, bom September 23, 1993.
2. A Conciliation Conference was held on March 16, 2000, with the following individuals in
attendance:
The Mother, Kelly A. Barnard, with her counsel, Ruby D. Weeks, Esquire; and the Father,
Michael W. Barnard, who appeared without counsel.
3. The history of this case is that the parties separated in early 1999. At that time they lived in
Middletown and the Mother left the marital home and moved to Newville. Father then
moved to Debois in north western central Pennsylvania. Mother has since moved back to
Middletown, but Cumberland County has the case because it was originally filed when
Mother was residing in Newville.
4. The parties had a Custody Conciliation Conference in September of 1999 at which time a
temporary agreement was worked out that the Father would have the child one out of time
weekends. At that Conciliation, Father was represented by counsel. He is currently
unrepresented.
5. The case is now before the Conciliator based upon the prior order which was entered as a
temporary order and entered in anticipation of a second Custody Conciliation Conference.
At the second Custody Conciliation Conference, it was clear that there are a variety of issues
that are in dispute. Father wants custody of the child during the summer months and Mother
is unwilling to give Father primary custody during the summer. She is, however, offering
one week per month during the summer. There is also an issue with respect to alternating
holidays. Additionally, Father is proposing that he have alternating weekends during the
school year. Mother suggests that the child is currently having some emotional problems as
a result of incidents that have taken place during the time she is with the dad and Mother is
unwilling to expand the existing one weekend per month. Finally, there is a dispute between
the parties with respect to transportation. Father wants Mother to accommodate him and
meet at a halfway point. Father suggested he does not have a car and has limited income.
Mother suggests that Father is the one who has moved from the central Pennsylvania area
and, as a result, he should handle the transportation. Additionally, Mother suggests she has
physical problems which limit her ability to drive and she would be unable to obtain a friend
or family member who would commit such an extensive period of time for exchange of
custody.
6. Obviously, the parties are unable to reach an agreement and a hearing is required. The
Conciliator recommends an order in the form as attached.
Ali ao 6?? K SAZ
DATE Hubert X. Gilroy, Esquire
Custody Conciliator
KELLY A. BARNARD
Plaintiff
V.
MICHAEL W. BARNARD
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-4311
CIVIL ACTION - SUPPORT
PACSES NO. 807101050
dl }'??{jW????
AND NOW, this 3 day of T `^'?"Y 2,000, upon
consideration of the Petition of Carmen nn Cristini Eichman,
Esquire of the law firm of Pannebaker and Jones, P.C., to
withdraw as counsel for the Defendant, said Petition is granted.
By:
R K?
iy
KELLY A. BARNARD IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - CUSTODY
NO. 99-4311
MICHAEL W. BARNARD CIVIL ACTION - SUPPORT
Defendant/Respondent PACSES NO. 807101050
MOTION FOR RULE ABSOLUTE
To the Honorable Judges of the Said Court:
AND NOW, comes the Petitioner, Carmen Cristini
Eichman, Esquire, of the law firm of Pannebaker and Jones,
P.C., and respectfully sets forth as follows:
1. On January 7, 2000, the Petitioner, Carmen Cristini
Eichman of the law firm of Pannebaker and Jones, P.C.,
filed a Petition to Withdraw as Counsel for the
Defendant /Respondent in the above matter.
2. On January 11, 2000, the Court entered a Rule to
Show Cause issued upon both parties to show cause why the
Petitioner should not be permitted to withdraw as counsel
as Plaintiff. Said Rule was returnable within twenty (20)
days.
3. At the time the Rule to Show Cause was filed, the
Petitioner provided the Prothonotary with envelopes to
serve the Defendant when the Rule Returnable was signed.
The Prothonotary served the Rule Returnable on the
Defendant on January 11, 2000. On or about January 7, 2000,
the Petitioner sent a copy of the Rule to Show Cause to the
Defendant/Respondent, Michael W. Barnard, the Plaintiff's
attorney, Ruby D. Weeks, Esquire, the Support Hearing
Officer, Melissa Heckard, and the Custody Conciliator,
Hubert Gilroy, Esquire.
4. As a courtesy, the Petitioner also sent a copy of
the Rule Returnable to the Defendant/Respondent on January
19, 2000 by Certified Mail, Return Receipt Requested, and
by regular mail to the other three (3) parties.
5. On January 12, 2000, the Petitioner received a
letter dated January 11, 2000 from the Plaintiff's
attorney, Ruby D. Weeks, who did not object to the
Petition.
6. Twenty (20) days have passed, and the
Defendant /Respondent has failed to object or show any cause
why the Petitioner should not be allowed to withdraw as
counsel for the Defendant.
WHEREFORE, the Petitioner requests that the Rule
issued by the Court be made absolute and the Order signed
granting the Petitioner, Carmen Cristini Eichman, to
withdraw as counsel for the Defendant /Respondent, Michael
W. Barnard.
Respectfully submitted,
Pannebaker and Jones, P.C.
By:
Carmen Cristini Eichman
I.D. 79738
4000 Vine Street
Middletown PA 17057
(717) 944-1333
:nss 16171
Cumbercty
CERTIFICATE OF SERVICE
A copy of the foregoing Motion for Rule Absolute has been
served by sending a copy of record to the Plaintiff/Respondent:
Michael W. Barnard
C/o Terri Thomas
R.D. #2, Box 515
Brockway PA 15824
Ruby D. Weeks, Esquire
10 W. High Street
Carlisle PA 17013
Melissa Heckard Hubert Gilroy, Esquire
Cumberland County Domestic Relations Broujos & Gilroy, P.C.
PO Box 320 4 North Hanover Street
Carlisle PA 17013 Carlisle PA 17013
by depositing same in the United States mail, postage prepaid,
in Middletown, Pennsylvania, this je day of 1<11 g i / 2000.
PANNEBAKER AND JONES, P.C.
Attorneys for Defendant
r
'Carmen istini Eichman
I.D. 79738
4000 Vine Street
Middletown PA 17057
(717) 944-1333
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KELLY A. BARNARD IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - CUSTODY
NO. 99-4311
MICHAEL W. BARNARD CIVIL ACTION - SUPPORT
Defendant/Respondent PACSES NO. 807101050
RULE TO HOW CAUSE
AND NOW, this day of UAjUMAXY 2000, upon
consideration of the within Petition of Carmen Cristini Eichman,
Esquire, of the law firm of Pannebaker and Jones, P.C. to withdraw
as counsel for the above-captioned civil action, a Rule is issued
0-A Co.,...d I Nv"q (? ,_
upon the Defendant/Respondent, Michael W. Barnard, to show cause
why the Petitioner should not be permitted to withdraw as counsel. At /?/?'?,
Rule Returnable pd
By the Court
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00 JAN 1 l PN l Ol
COUNly
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KELLY A. BARNARD
Plaintiff
V.
MICHAEL W. BARNARD
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-4311
CIVIL ACTION - SUPPORT
PACSES NO. 807101050
PETITION TO WITHDRAW AS CO EL
To the Honorable Judges of the Said Court:
AND NOW, comes the Petitioner, Carmen Cristini Eichman, Esquire,
of Pannebaker and Jones, P.C., and respectfully requests this
Court grant leave to withdraw as counsel for the
Defendant /Respondent, Michael W. Barnard, in the above-captioned
action, and in support, she respectfully submits the following:
1. The Defendant /Respondent, Michael W. Barnard, is an adult
individual, who currently resides at RD #2, Box 515, Brockway,
Jefferson County, Pennsylvania 15824, and he has been represented
by the law firm of Pannebaker and Jones, P.C., since on or about
May 6, 1999.
2. The Rules of Professional Conduct Rule 1.16(b) provides that
a lawyer may withdraw from representing a client: if . . . (4) the
client fails substantially to fulfill an obligation to the lawyer
regarding services and has been given reasonable warning that the
lawyer will withdraw; (5) the representation will result in an
unreasonable financial burden on the lawyer; and (6) other good
cause for withdrawal exists.
3. The Petitioner seeks to withdraw as counsel in this matter
because of the following reasons, which have made it unreasonably
difficult for the Petitioner to carry out her employment
effectively, or pertains to the agreement:
a. The Defendant /Respondent has not made any payments for
lawyer's fees and costs, despite repeated requests and
demands for same except for the initial partial retainer
and one (1) other $50.00 payment, and he has an
outstanding balance with Pannebaker and Jones, P.C. in
the amount of $3,178.69, as of December 1, 1999. Further
representation of Defendant /Respondent will result in an
unreasonable financial burden on the Petitioner.
b. The Petitioner requested payment from
Defendant/Respondent on his bills dated November 1, 1999
and December 1, 1999, by e-mail dated December 13, 1999,
and by letter dated December 28, 1999. She has also
requested payment over the last few months during phone
calls from the Defendant/Respondent. See a copy of the
invoices, the e-mail, and the letter attached hereto and
marked as Exhibit "A." The Defendant/Respondent
promised to make a lump-sum payment and weekly payments
as discussed on various telephone calls and in his
December 22, 1999 letter. However, other than the one
(1) fifty ($50.00) dollar payment as mentioned
previously, the Defendant/Respondent has failed to make
any additional payments and has failed to respond to
notes on the invoices, the e-mail, or the letter.
4. The Petitioner has taken reasonable steps to avoid foreseeable
prejudice to the rights of the Defendant/Respondent as follows:
a. The Petitioner has made repeated phone calls and has
written several notes to Defendant /Respondent to advise
him of her intention to file a Petition to Withdraw as
Counsel if he did not submit payment as set forth above.
b. The Petitioner will provide all papers and property to
Defendant/Respondent to which he is entitled.
c. Petitioner will work with new counsel in advising him or
her of the status of the file.
WHEREFORE, the Petitioner, Carmen Cristini Eichman, Esquire,
respectfully requests that this Honorable Court grant an Order
permitting her to withdraw as counsel for the Defendant/Respondent
in the above-captioned matter.
Respectfully submitted,
Pannebaker and Jones, P.C.
By: Carmen Cristini Eichman
I.D. 79738
4000 Vine Street
Middletown PA 17057
(717) 944-1333
:nss
Petition 1600 16171
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PAR"BAZZU AND mss, P. C.
FOUR THOUSAND VINE STREET
MIDOLETOWN, P:NNSYLVANIA 17057.3596
TELEPHONE E41AIL ADDRESS TELECOM
70.944.1333 plpcOp?sbakn•lonn.wn 704444003
December 28, 1999
Michael Barnard
c/o Terri Thomas
RD #2, Box 515
Brockway PA 15824
RE: Barnard V. Barnard
Dear Michael:
FILE
PETER IL HDOINM SL
DONNDL OM
Please find enclosed a Notice of Cancellation of the
Support Appeal scheduled for January 7, 2000, which will be
rescheduled sometime in the future.
I have not heard from you regarding the December 13, 1999
e-mail that I sent to you, so I have enclosed it for you. I am
very disappointed that I have not heard from you regarding your
outstanding fees, nor have I received any payment whatsoever.
Therefore, I can only assume that you do not intend to bring
your outstanding balance up to date or make any effort to pay
this account.
Michael, I regret that I am forced to file a Petition to
withdraw from your case earlier than I had anticipated since I
have not heard from you. As you know, your outstanding account
will still remain payable. I had hoped that you would contact me
so that we do not have to send the outstanding balance to the
District Justice office, which will cause you to incur
additional costs, pursuant to my office policy. Please advise.
Very truly yours,
Carmen Cristini Eichman
:nss
Enclosure
VISIT OUR WEB SI78 AT: A .pannebakeE-1onesxom
6ch.'j'?7 11E A"
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Carmen C. Eichman, Es
From: Carmen C. Eichman, Esq. --
Sent: Monday, December 13, 1999 2:08 PM
To: Michael Barnard (E-mail)
Subject: payment
Dear Michael,
It has been over a week since you promised to mail my office a $100.00 payment, with regular weekly $20.$25
payments. As you know, your account is outstanding over $3,000.00, and I have written off a lot of work that I did for you
in the past eight (8) months.
I understand that you are having some financial difficulties, and I have been patient with you. Throughout the
past eight months, I asked my boss to let me continue working on your case because you kept promising to make good
faith payments. Unfortunately, you have failed to do so. However, at our weekly staff meeting this morning, I was told
that I cannot continue to work on your case any longer without receiving payment in full by January 15, 2000, or I will be
forced to withdrew from your case prior to the custody hearing in February. My boss made this decision, and I have to
follow his decision. We cannot afford to be creditors, as I know that you have a lot of debt and have considered
Bankruptcy.
Michael, I know that you understand my position, as you would not continue to sell Hems from the hobby shop to
a customer who did not pay his or her bill for eight months, even if you were sympathetic to the customer. I don't know of
any other law fine that would have waited this long or given you so many opportunities to pay your bill before withdrawing
from your case.
Perhaps your boss, a friend, or a family member would be wilting to help you. 1 hope that you are able to pay
your outstanding bill in full, as I have enjoyed working with you. In the mean time, please make regular payments.
Sincerely,
Carmen Cristini Eichman
Ph,QNE 717.044.1333
O*n .
NO. 7t7.044.4001
• AT _ NEV; Cr•.E
PANNEBAKER AND JONES, P.C. PAGE: 1
.N[ a---------------_..?
1410/t/TOWM? PENN/YWA A 1'V?•`.R{de DATE i 12/01/99
BARNARD, MICHAEL W. CLIENT CODE; 0016171
C/O TERRI THOMAS
R. 0. #2, BOX 515 SWU MATTER: C DOM REL
BROCK.WAY PA 1.5824
Pox PROF92t1ONAL SCRVIC[4
-_---------_------------------------.__-__--------------------__-----••--_----
DATE REFERENCE DESCRIPTION CHARGE CREDIT BALANCE
08/01/99 0010717-1N 11150.00
09/30/99 PAYMENT REF; 131 8.18 1,141.82
09/01/99 0010918-IN 174.00 174.00
10/01/99 0011102-IN 832.00 832.00
10/01/99 OCT0067-FC 19.74 19.74
11/01/99 0011205-IN 741.50 741.50
11/01/99 NOVO056-FC 32:51' 32.51
12/01/99 0011387-IN 193.00 193.00
12/01/99 DECO059-FC 44.12 44.12
I'h.? CAD
NNW, kala
(I 1?7(Q vty mvt7l 9,111- 6tr(?--
,
G'? /'/' [p:_; ?, 178 6_.9
....------ ---•------------- 1 -_-
CURRENT 30 DAYS 60 DAYS 90 DAYS 120 DAYS BALANCE DUE
.----...-- ---- -------- -------------
37 1' 77A.01 361.7d 17d.0::) 1,141.c'.2 ,17t'•.59
------------------------------- ------------------------------------------
A FINANCE CHARGE WALL BE A88E3SED ON PAST DUE ACCOUNT8 "OVER 30 DAYS 114% INTEREST PER MONTH" 18% PER YEAR
HE 717.944.1307
FAX NO. 717.944.4004 ATI 1NEY I CCE
SPram 000.6 yf PAGE: 1
----_-- PANNEBAKEA ANDJONES P.C. r.
&XNT--OAT€L-------- --- 11 /01 /•99
M1OOL9TOWN. PCNIMMVAN1A 1 705 74 5 9 6
BARNARD, MICHAEL W. CLIENT CODE: 0015171
C/O TERRI THOMAS
R.D. k21 . BOX 515 ' SUSJ MATTER: C DOM REL
BROCK.WAY PA 15824
FOR PNOFp910NAL 59WIC",
------------.-----__------------- ----- ----
DATE REFERENCE DESCRIPTION CHARGE CREDIT BALANCE
----------------------------------------------------------
08/01/99 0010717-IN
., 1,150.00 - -_
09/30/99 PAYMENT REF; 131 8
8 1,141.82
09/01/99 0010918-IN .18
10/01/99 0011102-IN T 832.00 174.00
10/01/99 OCT0067-FC 19.00 832.00
11/01/99 0011205-IN_ _ 19'74 19.74
11/01/99 NOV0055-FC 741:50 741.50
32.51. 32.51
?t r Ca nfi ???d - (.? 1 ?? ??,Ve Sfv?a (?vvrl?, LItG h?
trav-7lt
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/TOTA:_; 2,941.57
----------------------
} DAYS DAYS 60 DAYS 90 DAYS 120 DAYS BALANCE DU
-----------------._____________--------
774 Ii1 851 74 174.00 1; 141 82 0 00 2,941.57
------------------------------------------------------------------------------------
A FINANCE CHARGE WILL BE ASBESSED ON PAST DUE ACCOUNTS "OVER 30 DAYS ILK INTERIM PER MONTH" 0% PER YEAR
CERTIFICATE OF SERVICE
A copy of the foregoing Petition to Withdraw as Counsel has been
served by sending a copy of record to the Defendant/Respondent:
Michael W. Barnard
C/o Terri Thomas
R.D. #2, Box 515
Brockway PA 15824
Ruby D. Weeks, Esquire
10 W. High Street
Carlisle PA 17013
Melissa Heckard Hubert Gilroy, Esquire
Cumberland County Domestic Relations Broujos & Gilroy, P.C.
PO Box 320 4 North Hanover Street
Carlisle PA 17013 Carlisle PA 17013
by depositing same in the United States mail, postage prepaid,
-7 1
Middletown, Pennsylvania, this / ' day of 3a4U-C?, 2000.
PANNEBAKER AND JONES, P.C.
Attorneys for Defendant
By: U ?lry?i GL iGGf7 ??G61?r'
Carmen Cristini Eichman
I.D. 79738
4000 Vine Street
Middletown PA 17057
(717) 944-1333
in
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ATTORNEY AT LAW
TEN WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013.2955
January 11, 2000
Judge of Cumberland County Court of Common Pleas
I Courthouse Square
Carlisle, PA 17013
Re: Barnard v. Barnard
#99-4311 Civil Term - In Custody
Dear Judge:
Please be advised that my client does not object to Carmen Cristini Eichman, Esquire's
Petition to withdraw as counsel in the above-referenced matter.
Sincerely,
Ruby D. Weeks, Esquire
RDW/cam
cc: Caren Cristini Eichman, Esquire's
Kelly Barnard
SEP 14 1999-?
KELLY A. BERNARD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
MICHAEL W. BERNARD. NO. 99-4311 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this day of September, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. The Mother, Kelly A. Bernard, and the Father, Michael W. Bernard, shall enjoy
shared legal custody of Shanan Marie Bernard, bom September 23, 1993.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy periods of temporary physical custody of the minor child as
follows:
A. Prior to the initiation of Father's first weekend as set forth in sub-
Paragraph B below, Father may contact the Mother if he has time off
of work to make arrangements for him to come by and spend at least
4-5 hours with the minor child in advance of his scheduled overnight
visitations.
B. Every third weekend from Friday at 6:00 p.m. until Sunday at 6:30
p.m. unless the parties agree otherwise on a time for exchange of
custody. Exchange of custody shall take place at the Wendy's in
Enola with the Mother taking the child to Wendy's and Father
picking the child up there on Friday and the Father taking the child to
Wendy's on Sunday evening and the Mother picking the child up at
that location.
C. On the Thanksgiving holiday, Father shall enjoy custody with the
minor child from Thanksgiving Day at 2:00 p.m. through the
following Sunday at 6:00 p.m.
D. For the Christmas holiday, Father shall enjoy custody from
Christmas Day at 2:00 p.m. through December 281h at 6:00 p.m.
4. The parties may modify this schedule as they agree. Absent an agreement between -
the parties, the schedule set forth above shall control.
5. Both parties shall enjoy reasonable telephone contact with the minor child while the
child is in the other parents custody.
6. The parties shall meet with the Custody Conciliator for another conference on
February 3, 2000 at 9:30 a.m.
BYTiiEC T,
4
cc: Ruby D. Weeks, Esq.
Carmen Cristini Eichman, Esq. d•?
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KELLY A. BERNARD,
Plaintiff
MICHAEL W. BERNARD,
Defendant
Prior Judge:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4311 CIVIL
IN CUSTODY
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:
The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Shanan Marie Bernard, born September 23, 1993.
2. A Conciliation Conference was held on September 8, 1999, with the following individuals
in attendance:
The Mother, Kelly A. Bernard, with her counsel, Ruby D. Weeks, Esquire; and the Father,
Michael W. Bernard, with his counsel, Carmen Christini Eichman, Esquire.
3. The parties agree to the entry of an order in the form as attached.
DATE Hubert X. Gilroy squire
Custody Conc' 'ator
KELLY A. BARNARD IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
va CIVIL ACTION - LAW
CUSTODY
MICHAEL W. BARNARD
Defendant # CIVIL TERM Jry- 4311
AFFIDAVIT OF SERVICE BY MAU.
PURSUANT TO PAR _P. 1920-4 falflttiil
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss
1, RUBY D. WEEKS, ESQUIRE, Attorney for Kelly A. Barard, being duly sworn according to
law, depose and say that awe and correct copy of the Custody Complaint was served on the Defendant,
Michael W. Barnard, at 617 Vine Street, Middletown, Dauphin County, Pennsylvania, 17057, by mailing
the same to him by certified mail, restricted delivery, No. Z 013 333 983, on July 16, 1999. Service was
accepted on July 30, 1999.
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KELLY A. BARNARD IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION-LAW
MICHAEL W. BARNARD CUSTODY
M_
Defendant # i 1 CIVIL TERM
AND NOW, lhis4day of J-Jkl 1999, upon consideration of the attached complaint, it is hereby directed
that the panics and their respective counsel appear before, I the conciliator, a t O ?
? t(v36rlmd(u (nxN`A>1tn the
a? day of/, _ 19`flal 10 Vim., for a Pre-I-leering Custody Conference. At such conference, an elfa will be made
to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court,
and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear
at the conference may provide grounds for entry of a temporary or permanent order.
FOR Ti4F. COURT,
By: S ?1p >
Custody Conciliator ('C?3YS.
'rhe 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 scheduled conference or hearing.
YOU SHOULD TAKE 17-IIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOTAFFORD ONE, GO TO OR TF,LEPI-IONS T HE OFFICE SETFOR'T'H BELOW TO FIND OUT WHERE
YOU CAN GETLEGAL I IELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
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KELLY A. BARNARD IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs' CIVIL ACTION - LA W
MICHAEL W. BARNARD CUSTODY
Defendant # CIVIL TERM 9 q. yj)/ C Tai
ORDER OF COURT
YOU, MICHAEL W. BARNARD, Defendant, have been sued in Court to obtain custody, partial custody or
visitation of the child, bom September 23, 1993.
You are or&TW to appear in person at Courtroom No. _, Cumberland County Courthouse, Carlisle, Pennsylvania,
on , the_ of , 19_, at _ -.M. for a hearing. Until such hearing, custody of the child shall be
and remain with the natural mother, KELLY A. BARNARD.
Ifyou fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered
against you or the Court may issue a warrant for your arrest.
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 FORTII BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6200
BY THE COURT,
J.
KELLY A. BARNARD IN THE COURT OF COMMON PLEAS OF
PlalntfR CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
MICHAEL W. BARNARD CUSTODY
99.'0411
Defendant
COMPLAINT F # CIVIL TERM
OR JOINT AND SHARED CUSTODY
TO THE HONORABLE, THE JUDGES OF SAID COURT:
I. The Plaintiff is, KELLY A. BARNARD, hereafter referred to as the natural mother, residing at 2264 Pine Road,
Newville, Cumberland County, Pennsylvania, 17241.
2. The Defendant is MICHAEL W. BARNARD, hereafter referred to as the natural father, residing at 617 Vine
Street, Middletown, Dauphin County, Pennsylvania 17057, he may be moving to DuBois, PA, where his residence
is not determined.
3. Plaintiff seeks legal custody of the following child:
a. Name Present Residence ?g
Shanan Marie Bamard 2264 Pine Road, Newville 9
b. The child was bom on September 23, 1993.
C. The child is presently in the custody of the natural mother, who resides at 2264 Pine Rood, Newville,
Cumberland County, Pennsylvania 17241.
d. The child has resided with the Ibllowing persons and at the following addresses for the past 16 months:
Persons Addres a es
Mother, Uncle, Aunt 2264 Pine Rd. April 1999 until present
& Cousin Newville, PA
Mother and Father 617 Vine Street,
Middletown, PA
Mother and Father 527 Linden Street,
Middletown, PA
3. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody
of the child in this or another Court.
4. Plaintiff has no information of a custody pnxxxxding concerning the child pending in a Court of this Commonwealth.
5. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims
to have custody or visitation rights with respect to the child.
6. Each parent whose parental tights to the child has not been terminated and the person who has physical custody
of the child has been named as parties to this action. There are no other persons who are known to have or claim
a right to custody or visitation of the child, so none will be given notice of the pendency of this action and the right
to intervene.
7. Pursuant to the Custody and Grandparents Visitation Act, the mother requests this Court to grant an award ofjoint
shared legal custody to both parents.
8. The mother requests primary physical custody of the child in that she is in a better position to provide consistent
and stable care for the child and she is the parent more likely to assure that the child have a relationship with both
parents.
9. The best interests and permanent welfare of the child and her physical, spiritual, emotional and moral well-being
will be served by granting the relief requested of shared legal and primary physical custody with the mother with
such partial custody to the father as the court deems appropriate.
10. Plaintiff mother prays for an Order awarding shared legal custody of the minor child, Shanon Marie Barnard, born
September 23, 1993, to both parents with primary physical custody to the Plaintiff mother and with partial custody
awarded to Defendant father as this Court determines is in the best interests of the child.
WHEREFORE, Plaintiff mother prays for an Order awarding shared legal custody of the minor child, Shanan
Maric Barnard, to both parents with primary physical custody to the mother and partial custody to the father as the court
deems appropriate.
Date: 4l 3 •9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Respectfully submitted,
Ruby D. Weeks, Esquird
Attorney for Plaintiff
10 West High Street
Carlisle, Pennsylvania 17013
(717) 243-1294
sa
Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-
signed, being duty sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and
correct.
Swom to and subscribed to
bef fne this day
of, T= 1
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Notary Public
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KELLY ANN BARNARD IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL WAYNE BARNARD
DEFENDANT
99-4311 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, October 26, 2004 , 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 Thursday, December 02, 2004 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ HuberrX. Gikoy, Esq. mhc
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
/o ,ley A?
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OCT 2 0 2004
KELLY ANN BARNARD,
Plaintiff/Respondent
V.
MICHAEL WAYNE BARNARD,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 994311 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2004, upon consideration of the
Petition for Contempt and Modification, the following Order is entered:
1. This Court finds the Plaintiff/Respondent in contempt of the June 28,
2000, Custody Order.
2. This matter is scheduled for conciliation on , 2004,
at .m. with the conciliator located
at
3. The Plaintiff/Respondent is ordered to permit Defendant/Petitioner to have
reasonable telephone contact with the child while she is in
Plaintiff/Respondent's custody.
By the Court,
J.
Distribution:
Jessica Diamondstone, Esquire
8 Irvine Row
Carlisle, PA 17013
Kelly A. Barnard
23 Juniata Street
Royalton, PA 17057
KELLY A. BARNARD,
V.
Plaintiff/Respondent
MICHAEL W. BARNARD,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMMERLAND COUNTY PENNSYLVANIA
: No. 99-4311 CPAL TERM
IN CUSTODY
PETITION FOR CONTEMPT AND MODIFICATION
Petitioner, Michael W. Barnard, by and through his counsel, Jessica
Diamondstone of MidPenn Legal Services, states the following:
1. Plaintiff/Respondent, hereinafter referred to as Mother, resides at 23 Juniata
Street, Royalton, Dauphin County, Pennsylvania 17057.
2. Defendant/Petitioner, hereinafter referred to as Father, resides at 3030 Banks
Road, Chattanooga, Hamilton County, Tennessee 37421.
3. The above-named parties are the natural parents of Shanan Marie Barnard, born
September 23, 1993.
4. The current Custody Order, attached as Exhibit "A" and incorporated herein by
reference, is dated June 28, 2000. The Order, in pertinent part, grants Father
periods of visitation every third weekend, on Thanksgiving and Christmas, on the
alternating Easter, Memorial Day, July Fourth and Labor Day holidays and for
one week during each month of Shanan's summer vacation from school. In
addition, the Order grants the parties shared legal custody of Shanan.
5. The June 28, 2000, Custody Order was entered upon agreement of both parties.
6. Mother has willfully disobeyed the Agreement in ways including, but not limited,
to the following:
a. Refusing to permit Father to exercise his periods of visitation in
accordance with the Court Order. The father has not seen Shanan
since Christmas 2003.
b. Refusing to give Father copies of Shanan's school records.
c. Discouraging Shanan from visiting and spending time with Father on a
regular basis. Specifically, this summer Mother scheduled Shanan for
a visit with Father and, at the last minute, arbitrarily decided to cancel
the trip.
d. Repeatedly scheduling Shanan for other vacation plans or activities
during Father's periods of partial custody in order to prevent Father
from exercising his custodial rights.
6. Mother is not acting in Shanan's best interest for reasons including, but not
limited to, the following:
a. Mother has willfully denied Father physical contact with Shanan in the
ways set forth in paragraph six of this Petition for Contempt and
Modification.
b. Mother cancelled Father's scheduled periods of visitation, telling Father
that Shanan was ill. Father later discovered that Mother scheduled Shaman
to play basketball during Father's periods of visitation.
c. Mother failed to inform Father when Shanan was recently hospitalized,
thus excluding him from participating in any necessary and appropriate
decisions regarding Shanan.
d. Father has shared legal custody and is entitled to participate equally in
decisions regarding Shanan's health and well-being.
e. Mother involves Shanan in adult discussions and situations, telling Shanan
that Father will go to jail for not paying his child support. These negative
and disparaging comments interfere with the development of a healthy and
ongoing father/daughter relationship.
f. Mother discourages Shanan from having regular and ongoing contact with
Father by canceling visits and making disparaging remarks about Father to
Shanan. As a result of Mother's comments and actions, Shanan is
uncomfortable when she is scheduled to spend time with Father.
7. Father is entitled to modified periods of visitation with Shanan for reasons
including, but not limited to, the following:
a. Father now lives in Tennessee, making the current Order difficult, if not
impossible, for either party to follow with any regularity.
b. Father has a stable home with a supportive, caring family who can provide
for and nurture Shanan when she comes to visit.
c. Father is able to provide for Shanan's emotional, physical, financial and
medical needs when she is with him for extended periods of partial
custody.
d. Father lives with his wife and children in Tennessee and it is important
that Shanan have the opportunity to develop and nurture a relationship
with her stepmother and half-siblings.
e. Without this Court's intervention, the child is at risk of being harmed from
being denied contact with her father.
8. The mother is not represented by counsel.
WHEREFORE, Father respectfully requests the following:
a. That this Court find Mother in contempt of the existing June 28,
2000, Court Order.
b. That this matter be scheduled for a conciliation to establish terms
for a modified order establishing a schedule for Father's periods
of partial custody.
c. That Father be granted reasonable telephone contact with Shanan
while she is in Mother's custody.
d. Any other relief this court deems just and proper.
Respectfully submit d,
Jessica Dia ondstone
Attorney for Defendant/ Petitioner
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
J'JN 2 T 2000\
v
KELLY A. BARNARD
Plaintiff IN THE COURT OF COMMON PLEAS OF
CUMPERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
MICHAEL W.BARNARD CUSTODY
Defendant /199-4311 CIVIL TERM
ORDER OF_COURT
AND NOW, thier•aay of J f?Q 20 4d
upon agreement of the
parties, the attached Custody Stipulation and Agreement is made an order of
Court.
BY THE CO ,
7.
Ruby D. Weeks, Esquire For Plaintiff
Michael W. Barnard, Pro Se
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KELLY A. BARNARD IN THE COURT OF COMMON PLEAS OF
Pialntlff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
CUSTODY
MICHAEL W.BARNARD
Defendant #994311 CIVIL TERM
CUSTODY STIPULATION AND AGREEMENT
This Agreement and Stipulation entered into the day and year hereinafter
set forth, is by and between Kelly A. Barnard, natural mother, by her attorney,
Ruby D. Weeks, Esquire, and Michael W. Barnard, natural father, who aver as
follows:
I. Plaintiff is Kelly A. Barnard natural mother and an adult eui juris, who
resides at 31 Roosevelt Avenue, Middletown, Cumberland County,
Pennsylvania, 17057.
II. Defendant is Michael W. Barnard natural father and an adult sui juris, who
resides at 210 DuBois Street, DuBois, Pennsylvania, 15801.
III. Mother and father are the parents of one child, Shanan Marie Barnard, born
September 23, 1993.
IV. The parties, Kelly A. Barnard and Michael W. Barnard, agree to the
following custody terms regarding custody of Shanan Marie Barnard, and
request the terms be entered as an Order of Court:
A. The parties shall have joint, shared, legal custody of the child.
B. The mother shall have actual physical custody of the child, with
partial custody awarded to the father as follows:
1. Every third weekend from Friday at 6:00 p.m. until Sunday at
6:30 p.m. unless the parties agree otherwise on a time for
exchange of custody. Exchange of custody shall take place at
- 2 -
the Wendy's in Enola with the Mother taking the child to
Wendy's and Father picking the child up there on Friday and
the Father taking the child to Wendy's on Sunday evening and
the Mother picking the child up at that location.
2. On the Thanksgiving holiday, Father shall enjoy custody with
the minor child from Thanksgiving Day at 2:00 p.m, through the
following Sunday at 6:00 p.m.
3. For the Christmas holiday, Father shall enjoy custody from
Christmas Day at 2:00 p.m. through December 28th at 6:00 p.m.
9. The parties agree to alternate the Easter, Memorial Day, July
Fourth and Labor Day holidays, beginning with July Fourth 2000
when the father shall have the child from 6:00 a.m. to 9:00
p.m.
S. The father shall have partial custody of the child for seven
days during each of the summer months when the child is not in
school. For the year 2000, the parties shall mutually agree
on the dates for June and the father shall by June 30, 2000
advise the July and August dates. In subsequent years, the
father shall provide dates to the mother no later than May 15
of each year.
6. The father shall provide transportation to and from the
Wendy's restaurant in Enola, PA. He shall do so in a timely
fashion. In the event he is more than one (1) hour late
without calling the mother, that visit is forfeited by the
father.
C. The parties may modify this schedule as they agree. Absent an
agreement between the parties, the schedule set forth above shall
control.
- 3 -
D. Both parties shall enjoy reasonable telephone contact with the minor
child while the child is in the other parents custody.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the
terms hereof, set forth their hands and seals this °? day of ,
2000
.
Ruby D. -Weeks, Esquire
Attorney for Plaintiff
10 West High Street
Carlisle, PA 17013
Witness
I
e A. Ha and
151lain iff other
Aw
Michael W. Barnard
Defendant - father
- 4 -
COMMONWEALTH; OF PENNSYLVANIA s
COUNTY OF CUMBERLAND s ee
s
On this, the ??ay of 2
yL, before me, a Notary
Public, the undersigned officer, p rsonally appeared Kelly A. Barnard, known to
me to be the person whose name is subscribed to the within Custody Stipulation
and Agreement, and acknowledged that she executed the same for the purposes
therein contained.
NWANAL UM
cam A6moy0w.
WN B*im Amuse 20, 2'000
COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF CUMBERLAND as
a otary Public
I
On this, the day Of 20_, before me, a Notary
Public, the undersigned officer, personally appeared Michael W. Barnard,
known to me to be the person whose name is subscribed to the within Custody
Stipulation and Agreement, and acknowledged that he executed the same for the
purposes therein contained.
Notary Public
- 5 -
VERIFICATION
The above-named Defendant, Michael Wayne Barnard, verifies
that the statements made in the above complaint For custody are
true and correct. Plaintiff understands that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Date: 9/,50/0(/ 411) Michael Wayne Barnard
`ut
,_..
KELLY ANN BARNARD,
Plaintiff/Respondent
V.
MICHAEL WAYNE BARNARD,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 99.43 t 1 CNR. TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I, Jessica Diamondstone, Esquire, of MidPerm Legal Services, attorney for the
Defendant/Petitioner, Michael Wayne Barnard, hereby certify that I have served a copy
of the foregoing Petition for Contempt and Modification on the following date and in the
manner indicated below:
U. S. First Class Mail. Postage Pre-Paid
Kelly A. Barnard
23 Juniata Street
Royalton, PA 17057
MidPenn LSO Services, Inc.
Date: gyp'/y O?/
Jessi cj(D , quire
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
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OCT 2 0 2004 d?
KELLY ANN BARNARD, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY PENNsrivANIA
V. No. 99.4311 CIM'MRM
MICHAEL WAYNE BARNARD,
Defendant/Petitioner IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Michael Wayne Barnard, Petitioner, to proceed in forma au eri s.
I, Jessica Diamondstone, attorney for the party proceeding in forma au eris,
certify that I believe the party is unable to pay the costs and that I am providing free legal
services to the party.
Jessica Diamondstone
Attorney for Petitioner
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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KELLY ANN BARNARD,
Plaintiff
v
MICHAEL WAYNE BARNARD,
Defendant
IV
DEC 10 2004
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 99-4311
: IN CUSTODY
COURT ORDER
AND NOW, this day of December, 2004, upon consideration of the attached
Custody Conciliation report, it is ordered and directed that this Courts prior Custody Order
of June 28, 2000 entered in the above the matter is ratified subject to the following
modifications:
1. The Father, Michael W. Barnard, shall have temporary custody of the minor child on the
Christmas Holidays as follows:
a. On December 26`h for a few hours, the time to be arranged between the parties.
b. From December 27`h until December 30yh, the time of pick up and return of custody
shall be arranged between the parties. It is understood the father shall take the minor
child to Syracuse, New York and spend time in Syracuse with the father's family.
2. Upon conclusion of the Christmas vacation with the father, the parties shall continue to
negotiate future periods of temporary custody where father may enjoy time with the
minor child. It is anticipated that father will have some period of time during the summer
months. In the event that parties are unable to reach an agreement, counsel for the parties
may contact the Conciliator directly to arrange another Custody Conciliation Conference,
which may be by telephone.
cc: Jessica Diamondstone, Esquire
Diane Baker, Esquire
Judge Edward E. Guido
I .
KELLY ANN BARNARD,
Plaintiff
v
MICHAEL WAYNE BARNARD,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 99-4311
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDLJRF, 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children/child who are the subject of this
litigation is as follows:
Shanan Marie Barnard, born September 23, 1993.
2. A Conciliation Conference was held on December 2, 2004, with the following
individuals in attendance:
The Mother, Kelly A. Barnard, with her counsel, Diane Baker and Jessica
Diamondstone who appeared on behalf of the Father, Michael W. Barnard.
3. The parties agree to the entry of an order in the form as attached.
(ID, I P'( 0 q 9/ ??"
DATE Hubert X. Gilroy Esquire
Custody Conci 'ator
Ag
KELLY ANN BARNARD, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4311 CIVIL
MICHAEL WAYNE BARNARD, ; CIVIL ACTION-LAW
Defendant : IN CUSTODY 44- AND NOW, this day of
Ar4 -, 2005, upon
consideration of the attached Petition, a Rule is issued upon the Plaintiff, Kelly Ann
Barnard, to show cause why Diane S. Baker, Esquire, should not be permitted to
withdraw as counsel.
RULE RETURNABLE 1(_ DAYS FROM SERVICE
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KELLY ANN BARNARD, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4311 CIVIL
MICHAEL WAYNE BARNARD, : CIVIL ACTION-LAW
Defendant : IN CUSTODY
AND NOW, comes Kelly Ann Barnard's attorney, Diane S. Baker, Esquire, and
petitions the Court to withdraw as counsel and in support thereof avers as follows:
1. Plaintiff in this custody matter is Kelly Ann Barnard, hereinafter referred
to as Plaintiff, an adult individual residing at 23 Juniata Street, Royalton, Dauphin
County, Pennsylvania.
2. Defendant is Michael Wayne Barnard, who is currently represented by
Jessica Diamondstone, Esquire
3. Plaintiffs counsel, Diane S. Baker, Esquire, requests leave of court to
withdraw as counsel as follows:
a. On November 3, 2004, Plaintiff met with Attorney Diane S. Baker,
regarding custody. Plaintiff requested that Attorney Baker represent her and was
provided with a written Fee Agreement.
b. Plaintiff has an outstanding balance with Attorney Diane S. Baker and has
never made any payments on the account.
2
C. On January 26, 2005, Attorney Diane S. Baker notified Plaintiff by letter,
a copy of which is attached hereto as Exhibit A, that she would withdraw as counsel if
payment was not made.
4. Attorney Diane S. Baker requests leave of court to withdraw as counsel
because Plaintiff has not complied with the fee agreement and has failed to make
payment to Petitioner.
WHEREFORE, Diane S. Baker respectfiilly requests the Court issue an order
upon Plaintiff, Kelly Ann Barnard, to show cause why Diane S. Baker should not be
permitted to withdraw as counsel.
Sup. Court. ID #53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
that false statements herein are made subject to the penalties of Pa. CS, 4904 relating to
unswom falsification to authorities.
Diane S. Baker, Esquire
Diane Sommers Baker,
12-C443 a (717) 67 1.96CC • FAX (717)
January 26, 2005
Ms. Kelly Barnard
23 Juniata Street
Royalton, PA 17057
Dear Kelly:
Enclosed please find correspondence which requires our response concemin;
visitation arrangements for the summer.
Unfortunately, you have not made any payments on your account despite
promises made to my secretary. Of course, I cannot continue to represent you if you are
not going to pay me. Therefore, please be advised that I will take no further action on
your case until significant payments are made. Furthermore, if I do not receive any
payments from you in the next ten days, then I will file a Petition to Withdraw as your
counsel, which notifies the other attorney that I am no longer representing you.
I await your response.
Very truly yours,
Diane S. Baker
DSB:Isf
Enclosure
"EXHIBIT A"
Visit our wabsite a wvw.DianeBak:rLaw.con
E-mail: DSBAKERLAWCaol.com
I hereby certify that on this 13 lay of all i / , 2005, a true and
correct copy of the foregoing document was served on the following persons by United
States Mail, postage prepaid, addressed as follows:
Jessica Diamondstone, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Kelly Ann Barnard
23 Juniata Street
Royalton, PA 17057
Respectfully submitted,
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
Sup. Court. ID #53200
27 South Arlene Street
}
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RECEIVED APR 182005"
KELLY ANN BARNARD, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4311 CIVIL
MICHAEL WAYNE BARNARD, : CIVIL ACTION-LAW
Defendant : IN CUSTODY
AND NOW, this 4N r_ day of , 2005, upon consideration of
the attached Petition, Diane S. Baker, Esquire, is granted leave of court to withdraw as
counsel for Plaintiff, Kelly A. Barnard.
I.
Fii12:47
Diane S. Baker, Esquire
I.D. No. 53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
KELLY ANN BARNARD,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL WAYNE BARNARD,
Defendant
NO. 99-4311 CIVIL
CIVIL ACTION - LAW
IN CUSTODY
AND NOW comes, Diane S. Baker, Esquire, attorney for Plaintiff, Kelly A.
Barnard, and petitions the court to withdraw as counsel and in support thereof avers as
follows:
The Petitioner is Diane S. Baker, Esquire, an adult individual and an
attorney with offices at 27 South Arlene Street, Harrisburg, Pennsylvania.
2. Plaintiff/Respondent is Kelly A. Barnard, hereinafter referred to as
Respondent, an adult individual with a last known mailing address of 23 Juniata Street,
Royalton, Pennsylvania 17057.
3. On April 20, 2005, The Honorable Edward E. Guido issued a Rule upon
the Respondent to show cause why her counsel, Diane S. Baker, should not be granted
leave of court to withdraw as counsel.
4. The Rule was returnable fifteen (15) days from service and Respondent
was served by regular mail to her last known mailing address on April 21, 2005. The
original certificate of service is attached hereto as Exhibit A.
5. It has been more than fifteen (15) days since service of the Rule and
Defendant has failed to respond.
WHEREFORE, Petitioner Diane S. Baker respectfully requests your Honorable
Court make the Rule absolute and grant Petitioner leave of court to withdraw as counsel
for the Respondent Kelly A. Barnard.
Sup. CT. ID #53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
that false statements herein are made subject to the penalties of Pa. C.S. 4904 relating to
unswom falsification to authorities.
Baker, Esquire
I hereby certify that on this _?L day of 2005, a true and
correct copy of the foregoing document was served on the fat owing persons by United
States Mail, postage prepaid, addressed as follows:
Kelly Ann Barnard
23 Juniata Street
Royalton, PA 17057
Supreme Court ID #53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
I hereby certify that on the 21" day of April, 2005, a true and correct copy of the
Rule to Show Cause was served on the following persons by United States Mail, postage
prepaid, addressed as follows:
Kelly Ann Barnard
23 Juniata Street
Royalton, PA 17057
Respectfully sub ' ted
giaitee`S. Baker
Supreme Court ID #53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
EXHIBIT A
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RECEIVED MAY 2 3 1005
Diane S. Baker, Esquire
I.D. No. 53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717)671.9600
KELLY ANN BARNARD,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4311 CIVIL
MICHAEL WAYNE BARNARD, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
Please withdraw the appearance of Diane S. Baker, Esquire, on behalf of the
Plaintiff, Kelly Ann Barnard, in the above captioned action.
DATE: May 25, 2005
ane S. Baker, Esquire
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112
(717) 671-9600
ID# 53200
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DEC 0 7 2005
KELLY ANN BARNARD, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99-4311 CIVIL ACTION - LAW
MICHAEL WAYNE BARNARD, IN CUSTODY
Defendant
ORDER
4
AND NOW, THIS -4 ! - day of December, 2005, the Conciliator being advised
that the Cumberland County Order has been transferred to another County and the parties
will proceed with litigating any issues in the other County, the Conciliator relinquishes
jurisdiction.
Hubert X. Gilroy, Esquire
Custody Conciliator
165 ;, .
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DEC 1 0 2004'
KELLY ANN BARNARD,
Plaintiff
v
MICHAEL WAYNE BARNARD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 994311
IN CUSTODY
COURT ORDER
AND NOW, this day of December, 2004, upon consideration of the attached
Custody Conciliation report, it is ordered and directed that this Courts prior Custody Order
of June 28, 2000 entered in the above the matter is ratified subject to the following
modifications:
1. The Father, Michael W. Barnard, shall have temporary custody of the minor child on the
Christmas Holidays as follows:
a. On December 26th for a few hours, the time to be arranged between the parties.
b. From December 27th until December 30th, the time of pick up and return of custody
shall be arranged between the parties. It is understood the father shall take the minor
child to Syracuse, New York and spend time in Syracuse with the father's family.
2. Upon conclusion of the Christmas vacation with the father, the parties shall continue to
negotiate future periods of temporary custody where father may enjoy time with the
minor child. It is anticipated that father will have some period of time during the summer
months. In the event that parties are unable to reach an agreement, counsel for the parties
may contact the Conciliator directly to arrange another Custody Conciliation Conference,
which may be by telephone.
cc: Jessica Diamondstone, Esquire
Diane Baker, Esquire > ry 4 /I
Judge Edward E. C:uido
??"• ? , rA;? iU'??
1_"x;3 'v ,.. .?_.
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KELLY ANN BARNARD,
Plaintiff
v
MICHAEL WAYNE BARNARD,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4311
IN CUSTODY
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 children/child who are the subject of this
litigation is as follows:
Shanan Marie Barnard, born September 23, 1993.
2. A Conciliation Conference was held on December 2, 2004, with the following
individuals in attendance:
The Mother, Kelly A. Barnard, with her counsel, Diane Baker and Jessica
Diamondstone who appeared on behalf of the Father,. Michael W. Barnard.
3. The parties agree to the entry of an order in the forme as attached.
[a ?( o q
DATE
Hubert X. Gilroy 'Esqui
Custody Conci 'ator
KELLY ANN BARNARD, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4311 CIVIL
MICHAEL WAYNE BARNARD, CIVIL ACTION - LAW
Defendant IN CUSTODY
PETITION TO WITHDRAW AS COUNSEL
AND NOW, comes Kelly Ann Barnard's attorney, Diane S. Baker, Esquire, and
petitions the Court to withdraw as counsel and in support thereof avers as follows:
Plaintiff in this custody matter is Kelly Ann Barnard, hereinafter referred
to as Plaintiff, an adult individual residing at 23 Juniata Street, Royalton, Dauphin
County, Pennsylvania.
1 Defendant is Michael Wayne Barnard, who is currently represented by
Jessica Diamondstone, Esquire
3. Plaintiff's counsel, Diane S. Baker, Esquire, requests leave of court to
withdraw as counsel as follows:
a. On November 3, 2004, Plaintiff met with Attorney Diane S. Baker,
regarding custody. Plaintiff requested that Attorney Baker represent her and was
provided with a written Fee Agreement.
b. Plaintiff has an outstanding balance with Attorney Diane S. Baker and has
never made any payments on the account.
2
C. On January 26, 2005, Attorney Diane S. Baker notified Plaintiff by letter,
a copy of which is attached hereto as Exhibit A, that she would withdraw as counsel if
payment was not made.
4. Attorney Diane S. Baker requests leave of court to withdraw as counsel
because Plaintiff has not complied with the fee agreement and has failed to make
payment to Petitioner.
WHEREFORE, Diane S. Baker respectfully requests the Court issue an order
upon Plaintiff, Kelly Ann Barnard, to show cause why Diane S. Baker should not be
permitted to withdraw as counsel.
Sup. Court. ID #53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
that false statements herein are made subject to the penalties of Pa. C.S. 4904 relating to
unworn falsification to authorities.
Diane S. Baker, Esquire
Diane Sommers Baker, Esquire
27 South Arlene Street • P.O. Box 6443 • Harrisburg, PA 117112-0443 0 (7171 671-96CC • FAY (717) 671.9x01
January 26, 2005
Ms. Kelly Barnard
23 Juniata Street
Royalton, PA 17057
Dear Kelly:
Enclosad please find correspondence which requires our response concerning
visitation arraneements for the summer.
Unfortunately, you have not made any payments on your account despite
promises made to my secretary. Of course, I cannot continue to represent you if you are
not going to pay me. Therefore, please be advised that I will take no further action on
your case until significant payments are made. Furthermore, if 1 do not receive anv
payments from you in the next ten days, then I will file a Petition to Withdraw as your
counsel, which notifies the other attorney that I am no Ionger representing you.
I await your response.
Very truly yours,
Diane S. Baker
DSBAsf
Enclosure
"EXHIBIT A"
Gisic our website at w ,.DianeBakerLaw.com
E-mail: DSBAKERLAW®aol.com
CERTIFICATE OF SERVICE
//J
I hereby certify that on this 13 lday of al, ! / / , 2005, a true and
correct copy of the foregoing document was served on the following persons by United
States Mail, postage prepaid, addressed as follows:
Jessica Diamondstone, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Kelly Ann Barnard
23 Juniata Street
Royalton, PA 17057
Sup. Court. ID #53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
5
Respectfully submitted,
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KELLY ANN BARNARD, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4311 CIVIL
MICHAEL WAYNE BARNARD, CIVIL ACTION- LAW
Defendant IN CUSTODY
RULE TO SHOW CAUSE
AND NOW, this ?6+*4*-day of , 2005, upon
consideration of the attached Petition, a Rule is issued upon the Plaintiff, Kelly Ann
Barnard, to show cause why Diane S. Baker, Esquire, should not be permitted to
withdraw as counsel.
RULE RETURNABLE 1?(- DAYS FROM SERVICE
BY TH T:
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Diane S. Baker, Esquire
I.D. No. 53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
KELLY ANN BARNARD,
Plaintiff
V.
MICHAEL WAYNE BARNARD,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4311 CIVIL
CIVIL ACTION - LAW
IN CUSTODY
PETITION TO MAKE RULE ABSOLUTE
AND NOW comes, Diane S. Baker, Esquire, attorney for Plaintiff, Kelly A.
Barnard, and petitions the court to withdraw as counsel and in support thereof avers as
follows:
1. The Petitioner is Diane S. Baker, Esquire, an adult individual and an
attorney with offices at 27 South Arlene Street, Harrisburg, Pennsylvania.
2. Plaintiff/Respondent is Kelly A. Barnard, hereinafter referred to as
Respondent, an adult individual with a last known mailing address of 23 Juniata Street,
Royalton, Pennsylvania 17057.
3. On April 20, 2005, The Honorable Edward E. Guido issued a Rule upon
the Respondent to show cause why her counsel, Diane S. Baker, should not be granted
leave of court to withdraw as counsel.
4. The Rule was returnable fifteen (15) days from service and Respondent
was served by regular mail to her last known mailing address on April 21, 2005. The
original certificate of service is attached hereto as Exhibit A.
5. It has been more than fifteen (15) days since service of the Rule and
Defendant has failed to respond.
WHEREFORE, Petitioner Diane S. Baker respectfully requests your Honorable
Court make the Rule absolute and grant Petitioner leave of court to withdraw as counsel
for the Respondent Kelly A. Barnard.
Sup. CT. ID #53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
that false statements herein are made subject to the penalties of Pa. C.S. 4904 relating to
unworn falsification to authorities.
Baker, Esquire
CERTIFICATE OF SERVICE
I hereby certify that on this UV day of 2005, a true and
correct copy of the foregoing document was served on the J owing persons by United
States Mail, postage prepaid, addressed as follows:
Kelly Ann Barnard
23 Juniata Street
Royalton, PA 17057
Supreme Court ID #53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
CERTIFICATE OF SERVICE
I hereby certify that on the 21" day of April, 2005, a true and correct copy of the
Rule to Show Cause was served on the following persons by United States Mail, postage
prepaid, addressed as follows:
Kelly Ann Barnard
23 Juniata Street
Royalton, PA 17057
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
EXHIBIT A
Supreme Court ID #53200
27 South Arlene Street
_,
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KELLY ANN BARNARD, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4311 CIVIL
MICHAEL WAYNE BARNARD, CIVIL ACTION- LAW
Defendant IN CUSTODY
ORDER
AND NOW, this ?y k4- day of = ?, 2005, upon consideration of
the attached Petition, Diane S. Baker, Esquire, is granted leave of court to withdraw as
counsel for Plaintiff, Kelly A. Barnard.
J.
Diane S. Baker, Esquire
I.D. No. 53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
KELLY ANN BARNARD,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL WAYNE BARNARD,
Defendant
NO. 99-4311 CIVIL
CIVIL ACTION - LAW
IN CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE
Please withdraw the appearance of Diane S. Baker, Esquire, on behalf of the
Plaintiff, Kelly Ann Barnard, in the above captioned action.
DATE: May 25, 2005
Mane S. Baker, Esquire
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112
(717) 671-9600
ID# 53200
'?,
?= ? ._
DEC 0 7 2005
V
KELLY ANN BARNARD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 994311 CIVIL ACTION - LAW
MICHAEL WAYNE BARNARD, IN CUSTODY
Defendant
ORDER
AND NOW, THIS day of December, 2005, the Conciliator being advised
that the Cumberland County Order has been transferred to another County and the parties
will proceed with litigating any issues in the other County, the Conciliator relinquishes
jurisdiction.
Hubert X. Gilroy, Esquire
Custody Conciliator
_..:. ---