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HomeMy WebLinkAbout07-6258 THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law :No. REBECCA BARRICK, Defendant : IN DIVORCE and CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested ui these papers by the Plaintiff. You may also lose money or property or other rights important b) you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU SO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ' r THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Civil Action- Law No. REBECCA BARRICK, Defendant IN DIVORCE and CUSTODY COMPLAINT UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Thai D. Barrick, by and through his counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Thai D. Barrick, an adult individual, who currently resides at 1066 Centerville Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Rebecca Barrick, an adult individual who currently resides at 1801 Willow Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 2, 2005, in Carlisle, Cumberland County, Pennsylvania and separated on or about September 30, 2007. 5. There have been no prior actions of divorce or annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT 2 - PARTIAL CUSTODY 9. The previous paragraphs 1-8 are incorporated by reference. 10. Plaintiff seeks primary physical custody of the following child: Name Present residence Age Paige Barrick 1801 Willow Road 1 year 9 mos Carlisle, PA 17013 11. The child was not born out of wedlock. 12. The child is presently in the custody of Mother, who resides at 1801 Willow Road, Carlisle, Pennsylvania. 13. During the past five years, the child has resided with the following persons and at the following addresses: List all Persons List All Addresses Dates Thai and Rebecca Barrick Thai and Rebecca Barrick, 7 Pine Road Mt. Holly Springs PA 17065 2 Terri Drive Carlisle, PA 17015 Jan.06-Mar. 07 Mar.07- Sept. 07 14. The Mother of the children is Rebecca Barrick, who resides at 1801 Willow Road, Carlisle, Pennsylvania. She is married. 15. The Father is Thai D. Barrick, who resides at 1066 Centerville Road, Newville, Cumberland County, Pennsylvania. He is married. 16. The relationship of plaintiff to child is that of Father. The Father currently resides with the following persons: Name Relationship Amber Ewing Girlfriend Hailey Ewing Girlfriend's daughter 17. The relationship of defendant to child is that of Mother. The Mother currently resides with the following persons: Name Relationship Paige Barrick Daughter Marilyn Smith Mother Kirby Smith Step- Father Richard Esright Brother 18. 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. . . S 19. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 20. 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. 21. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Nam s Address Basis of Claim None 22. Reasons for granting relief: A) A Court Order of custody and structured visitation is desired so that Plaintiff and child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. B) A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his petition for partial physical custody of the child. Respectfully submitted, Date: -a -0 is el J. Whare squire 3 7 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. REBECCA BARRICK, Defendant IN DIVORCE and CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: do-e Thai D. arrick, Petitioner g 0 0 all, O O c O V` c v C? C r4 ( ? lr? r ._ s?-a --4 N) Ln "t7 (J I O q ni? 71 `,ra C7 THAI D. BARRICK PLAINTIFF V. REBECCA BARRICK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6258 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 01, 2007 , 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 13, 2007 at 8:30 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 pennanent 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 . 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 ,?p 4 A ?, 1!?? 1 y, ,I 1 •C Wd Z- ""t0 , L 0 2 Z f i. 171-1 L,O- e-11 41-a-e / DEC 17 2007,o4f' THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW REBECCA BARRICK, NO. 2007-6258 Defendant IN CUSTODY G COURT ORDER AND NOW, this ?t day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. 2. 3. 3. The father, Thai D. Barrick, and the mother, Rebecca Barrick, shall enjoy shared legal custody of Paige Barrick, born January 19, 2006. The mother shall enjoy primary physical custody of the minor child. The father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday when father gets off work until Sunday at 10:00 a.m. B. During the week, father shall have custody of the minor child during the day on the day father has off from work up until 6:00 p.m. C. At such other times as agreed upon by the parties. Both parties shall enjoy two non-consecutive weeks of custody with the minor child for purposes of vacation. The parent shall give the other parent at least thirty days notice as to when they intend to exercise that vacation time. 4. Each parent shall enjoy the right of first refusal to provide care for the minor child when the child is in the custody of the parent and the custodial parent will not be available to care for the child for a period of three hours or more. 5. The parties shall work between themselves to achieve a shared or alternating holiday schedule as they agree. For Christmas 2007, the mother shall have custody on Christmas Eve and Christmas Day until 2:00 p.m. and the father shall have custody on Christmas Day from 2:00 p.m. until December 26 at 10:00 a.m. 6. Both parents will insure that they are the only ones who handle any physical discipline with the minor child. 7. Unless agreed otherwise by the parties, the exchange of physical shall take place at the Giant store in Carlisle. 8. This order is entered pursuant to an agreement reached by the parties. In the event the parties desire to modify this order and cannot reach an agreement on any modification, either party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. BY THE C , Judge cc: Xchael J. Whare, Esquire Xacy B. Wolf, Esquire _ ` 5 Vi 1,? VAlk,-,N N.-lid 10 Z C :Z Ind 61 330 LODZ AbY10401-LOdd 3HI 30 9 THAI D. BARRICK, Plaintiff v REBECCA BARRICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6258 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 child who is the subject of this litigation is as follows: Paige Barrick, born January 19, 2006. 2. A Conciliation Conference was held on December 13, 2007, with the following individuals in attendance: The father, Thai D. Barrick, with his counsel, Michael J. Whare, Esquire, and the mother, Rebecca Barrick, with her counsel, Stacy B. Wolf, Esquire. 3. The parties agree to the entry of an Order in the form as attached. ra C' Date: Hubert X. Gilroy, Esqui e Custody Conciliator THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-6258 REBECCA BARRICK, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 25, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: L 610,5 Jiil J amck, Plaintiff ,) r? _r _? _ ??? i.i - ?. T,E ? „-s; _ ?--- ? _ t:?i ?? .,., ?.: ? . e? ?w' ? THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-6258 REBECCA BARRICK, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 25, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: S l 0Q ?Q 1 V?. V ,C1??i?r(1')?C Rebecca Barrick, Defendant hJ C _ ' J - i l THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-6258 REBECCA BARRICK, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: b Rebecca Barrick, Defendant C-) } C J l THAI D. BARRICK, Plaintiff V. REBECCA BARRICK, Defendant IN THE AAND OCOCUNTY1, PENNSYLVANIA CUMBERLRLN Civil Action- Law No. 07-6258 IN DIVORCE PRO OF OF SERVICE t Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • "Print your name and address on the reverse so that we can return the card to you. r Attach this card to the back of the maiipiece, or on the front If space permits. 1. Article Addressed to: ISO( 1w,%16V ` 041 Cf"rl%slc, A 1'7013 A. ftnftn 1Si 0 Agat O Add " B. Received by (Prtntad Name) C. Date of DOWWy KQl,a2CCc, (n. &cc i C` ld __-Af??7. D. Is delivery address Wemnt from Item 1? ? Yes ff YES, enter delivery address below: ? No 3. Service Type CerttNed Mail EB Express Mail Registered S? Return Receipt for Merchar dw ? insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) )&Yes 2. '"rt'` Number 7007 1490 0001 7953 7121 w FnaroWr horn servke } , Pe Form 3811, February 2004 Doe?Mtlc no" Receipt I M95-w-wim -..: STl "` C.f1 THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law REBECCA BARRICK, Defendant No. 07-6258 INDIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Filed October 25, 2007, was served on the Defendant by certified mail, endorsed restricted delivery-return receipt requested and signed on October 29, 2007 (attached hereto as proof of service). 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: by the Plaintiff on February 26, 2008; by the Defendant on February 25, 2008. 4. Related claims pending: None. 5. (b) Date Plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: February 27, 2008. ti Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: February 27, 2008. Respectfully submitted, Date: 3 Michael I Whare, squire 3 7 East Pomfret Street Carlisle, Pa 17013 (717) 243-3561 Supreme Court ID # 89028 Attorney for Plaintiff C? ? C ' :, Ce,FI - y w ?v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TRAr b. RARkZC- PLAT NTT r" VERSUS REBEKC-A Rftz_" bEFENbAK)T No. 0-7-Coa5'9 CrVIL Te DECREE IN DIVORCE AND NOW, Arm 4 ' ??? , IT IS ORDERED AND DECREED THAT 1 4Al: D. BARB] ?K , PLAINTIFF, AND RE8GCe jq - 8?+Rkrc K , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; PROTHONOTARY 1110m5 ??-? -? -? -e ????? ? ., ' -? ,? THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : Civil Action- Law No. 07-6258 REBECCA BARRICK, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Thai D. Barrick by and through his counsel, Michael J. Whare, Esquire and in support of his Petition to Modify Custody avers as follows: 1. Petitioner is Thai D. Barrick, hereinafter referred to as "Father". 2. Defendant is Rebecca Barrick, hereinafter referred to as "Mother". 3. The parties are the parents of Paige Barrick, born January 19, 2006, hereinafter referred to as "Child". 3. On December 19, 2007, The Honorable Edward E. Guido entered a Custody Order based on an agreement entered into by the parties at the conciliation conference. (Attached as Exhibit A) 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Mother has not been following the custody order. b) Father has changed jobs and the current custody needs to be modified so that Father can consistently exercise his periods of partial physical custody of the Child. 5. The best interest of the Child will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant his Petition to Modify Custody. Respectfully submitted, A- Date: Michael I Whare, Esquire 3 7 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : Civil Action- Law : No. 07-6258 REBECCA BARRICK, Defendant IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. r Date: Thai D. Barrick, Petitioner THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-6258 REBECCA BARRICK, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Dated. Michael J. Whare, squire Attorney for Plaintiff Ski co THAI D. BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-6258 CIVIL ACTION LAW REBECCA BARRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 04, 2008 , 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 11, 2008 at 8:30 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, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For 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 V,w f t s')- h )r 3 DEC 2,4 2006 THAI D. BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW REBECCA BARRICK, NO. 2007-6258 Defendant IN CUSTODY COURT ORDER 9 04 TWW%W AND NOW, this day of DeopmbM 2001 upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of December 19, 2007, is vacated and replaced with the following Order: 1. The father, Thai D. Barrick, and the mother, Rebecca Barrick, shall enjoy shared legal custody of Paige Barrick, born January 19, 2006. 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. On alternating weeks from Wednesday at 3:00 p.m. until Friday at 3:30 p.m. Exchange of custody shall be at the Target store in Carlisle unless agreed otherwise by the parties. The parties are specifically directed to not either themselves or anyone who is with them for exchange of custody, engage in any verbal altercations with the other party or other people in attendance for exchange of custody. B. Pertinent holidays shall be handled as follows: (i) The Thanksgiving holiday shall be alternated each year. Father shall have Thanksgiving 2009. The times shall be from 9:00 a.m. until 7:00 p.m. r1 (ii) The Christmas holiday shall be split between the standard A and B segments as follows: Segment A shall be from Christmas Eve at noon until Christmas Day at noon, and Segment B shall be from Christmas Day at noon until December 26 at noon. The parties shall alternate the segments with the Mother having Segment A in 2008 and the Father having Segment B in 2008. 4. Neither party shall say anything to the minor child to disparage the other party nor shall they allow any other adult to communicate with the minor child with respect to disparaging remarks of the other parent. 5. This Order is entered pursuant to the recommendation of the custody Conciliator. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a custody conciliation. Edward E. Guido, Judge cc: ° ichael J. Whare, Esquire Stacy B. Wolf, Esquire COP ?l s?o4 S 1 :? [I S- Nvr HE iwQ 11 0 ,• THAI D. BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW REBECCA BARRICK, NO. 2007-6258 Defendant IN CUSTODY Prior Judge: The Honorable Edward E. Guido 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 of this litigation is as follows: Paige Barrick, born January 19, 2006 2. A Conciliation Conference was held on December 19, 2008, with the following individuals in attendance: The mother, Rebecca Barrick, who appeared with her counsel, Stacy B. Wolf, Esquire, and the father, Thai D. Barrick, with his counsel, Michael J. Whare, Esquire. 3. There are a number of issues in dispute which do not necessarily merit a hearing at this particular time. Based upon the Conciliator's recommendation, the Conciliator recommends an Order in the form as attached. Date: December 2008 z2k?z ubertroy, Esquire Custody Conciliator OF THE PROTHONOTARY 2011 MAR 28 PM 2: 30 CUMBERLAND COUNTY PENNSYLVANIA THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-6258 REBECCA BARRICK, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Thai D. Barrick by and through his counsel, Michael J. Whare, Esquire and in support of his Petition to Modify Custody avers as follows: 1. Petitioner is Thai D. Barrick, hereinafter referred to as "Father". 2. Defendant is Rebecca Barrick, hereinafter referred to as "Mother". 3. The parties are the parents of Paige Barrick, born January 19, 2006, hereinafter referred to as "Child". 3. On January 2, 2009, The Honorable Edward E. Guido entered a Custody Order based on the recommendation of the custody Conciliator. (Attached as Exhibit A) 4. Since the entry of said Order, there has been a significant change in circumstances in that: 0 G,Zk- 1 ZO.M ?A at Ck4_ 1095 X5717 0 a) Father's work schedule has changed and the current custody order needs to be modified so that Father can consistently exercise his periods of partial physical custody of the Child. b) Mother denied Father his scheduled time over Christmas this past year. Also, Mother is unwilling to work with Father concerning his days off and allowing him time with Child. 5. The best interest of the Child will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant his Petition to Modify Custody. Respectfully submitted, Date: ai'/ 'J d ?' -4 Michael J. Whar , Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law REBECCA BARRICK, Defendant : No. 07-6258 : IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: s' Z S I L- D 'A Thai D. Barrick, ner I; FHAI D. BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW REBECCA BARRICK, NO. 2007-6258 Defendant IN CUSTODY COURT ORDER AND NOW, this day of Dooemb" 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order oi' December 19, 2007, is vacated and replaced with the following Order: 1. The father, Thai D. Barrick, and the mother, Rebecca Barrick, shall enjoy shared legal custody of Paige Barrick, born January 19, 2006. 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. On alternating weeks from Wednesday at 3:00 p.m. until Friday at 3:30 p.m. Exchange of custody shall be at the Target store in Carlisle unless agreed otherwise by the parties. The parties are specifically directed to not either themselves or anyone who is with them for exchange of custody, engage in any verbal altercations with the other party or other people in attendance for exchange of custody. B. Pertinent holidays shall be handled as follows: (i) The Thanksgiving holiday shall be alternated each year. Father shall have Thanksgiving 2009. The times shall be from 9:00 a.m. until 7:00 p.m, I l ?? a (ii) The Christmas holiday shall be split between the standard A and B segments as follows: Segment A shall be from Christmas Eve at noon until Christmas Day at noon, and Segment B shall be from Christmas Day at noon until December 26 at noon. The parties shall alternate the segments with the Mother having Segment A in 2008 and the Father having Segment B in 2008. 4. Neither party shall say anything to the minor child to disparage the other party nor shall they allow any other adult to communicate with the minor child with respect to disparaging remarks of the other parent. 5. This Order is entered pursuant to the recommendation of the custody Conciliator. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a custody conciliation. Edward E. Guido, Judge cc: Michael J. Whare, Esquire Stacy B. Wolf, Esquire THAI D. BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW REBECCA BARRICK, NO. 2007-6258 Defendant IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT 1N 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 of this litigation is as follows: Paige Barrick, born January 19, 2006 2. A Conciliation Conference was held on December 19, 2008, with the following individuals in attendance: The mother, Rebecca Barrick, who appeared with her counsel, Stacy B. Wolf, Esquire, and the father, Thai D. Barrick, with his counsel, Michael J. Whare, Esquire. 3. There are a number of issues in dispute which do not necessarily merit a hearing at this particular time. Based upon the Conciliator's recommendation, the Conciliator recommends an Order in the form as attached. Date: December dQ- , 2008 J?? I- ubert roy, Esquire Custody Conciliator I , THAI D. BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-6258 REBECCA BARRICK, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. VAwe, Esquire, attorney for Petitioner, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Dated: ?? Michael J. Wh e, Esquire Attorney for Petitioner THAI D. BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. C C= --n 2007-6258 CIVIL ACTION LAW -oz ° `-+ r"C0 b. REBECCA BARRICK Wr?- 'at i DEFENDANT IN CUSTODY X0 W Z C-) ORDER OF COURT -? o m .y AND NOW, Monday, A pril 04, 2011 upon consideration of the attached Compla int, 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 Wednesday, May 11, 2011 at 8:30 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. Gilro Es g. _ 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 (A) t4t? Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 14-1 a I A THAI D. BARRICK, Pl i iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNS V IIA a nt , l -aX MM VS. CIVIL ACTION - LAW r~ -<> w o° REBECCA BARRICK, NO. 2007-6258 r:" =° Defendant IN CUSTODY =Z:3 y` G. r i rn COURT ORDER te ' a AND NOW, this a3 t day of May, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of January 2, 2009, is vacated and replaced with the following Order: 1. The father, Thai D. Barrick, and the mother, Rebecca Barrick, shall enjoy shared legal custody of Paige Barrick, born January 19, 2006. 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. During the summer months when the child is not in school, on alternating weeks from Sunday at 10:00 a.m. until Tuesday at 9:00 a.m. B. During the school year, every Sunday from 10:00 a.m. until 7:00 p.m. In the event the minor child has school off on Monday for vacation or other reasons, father's time shall go from Sunday at 10:00 a.m. until Monday at 9:00 a.m. C. At such other times as agreed upon by the parties. D. In the event father's work schedule changes such that he has different days off, the schedule above shall be adjusted to correspond to custody on his days off. If such a schedule does not work, either party shall petition the court to have a conference again with the Custody Conciliator. However, pending any conference, father shall have custody during his days off. l? 4. Each parent shall also enjoy up to two non-consecutive weeks of vacation during the summer months upon at least thirty days notice. Father's two weeks shall include his alternating weekly schedule during the summer months. 5. Holidays shall be handled as follows: (A) The Thanksgiving holiday shall be alternated each year from 9:00 a.m. until 7:00 p.m. Thanksgiving 2011 shall be with the father. (B) The Christmas holiday shall be split between the standard A and B segments as follows: Segment A shall be from Christmas Eve at noon until Christmas Day at noon, and Segment B shall be from Christmas Day at noon until December 26 at noon. The parties shall alternate the segments with the father having Segment A in 2011 and the parties alternating thereafter. 4. Neither party shall say anything to the minor child to disparage the other party nor shall they allow any other adult to communicate with the minor child with respect to disparaging remarks of the other parent. Additionally, communication between the parties shall be limited strictly to matters relating to custody and there shall be no harassing or non-custodial communications between the parties. 5. Exchange of custody shall take place at the K-Mart store on Walnut Bottom road unless agreed otherwise by the parties. BY THE URT, Edward E. Guido, Judge cc: Michael J. Whare, Esquire ' Stacy B. Wolf, Esquire e*0 I t? SIa? v? THAI D. BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW REBECCA BARRICK, NO. 2007-6258 Defendant IN CUSTODY Prior Judge: The Honorable Edward E. Guido 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: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Paige Barrick, born January 19, 2006 2. A Conciliation Conference was held on May 11, 2011, with the following individuals in attendance: The mother, Rebecca Barrick, who appeared with her counsel, Stacy B. Wolf, Esquire, and the father, Thai D. Barrick, with his counsel, Michael J. Whare, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: May , 2011 Hubert X. Gilroy, Esq 're Custody Conciliator