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HomeMy WebLinkAbout07-7079NOTICE TO DEFEND AND CLAIM RIGHTS 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, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 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. Belinda Barton, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Scott Barton, Defendant. : NO. o l- 7C CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Belinda Barton ("Mother"), by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Belinda Barton, residing at RR 1 Box 635, Honey Grove, Juanita County, Pennsylvania 17035. 2. The defendant is Scott Barton ("Father"), residing at 511 Combs Avenue, Huntsville, Madison County, Arkansas 72740. 3. Plaintiff seeks shared legal custody of. Name Present Residence Age Collyn Barton 511 Combs Avenue 11 years Huntsville, AR 72740 Darryn Barton 511 Combs Avenue 8 years Huntsville, AR 72740 The child Collyn Barton was born out of wedlock. The child Darryn Barton was not born out of wedlock. The children are presently in the custody of Scott Barton, who resides at 511 Combs Avenue, Huntsville, Madison County, Arkansas 72740. During the past five years the children have resided with the following persons at the following addresses: Persons Scott Barton Karen Barton Address 511 Combs Avenue Huntsville, AR 72740 Dates 2004 - present Belinda Barton 104 Goodheart Road Shippensburg, PA 17257 The mother of the children is Belinda Barton. 2001- 2004 She is single. The father of the children is Scott Barton. He is married. 4. The relationship of plaintiff to the children is that of mother. Mother currently resides with the following persons: Name Relationship Mary Hurrell Mother's children's paternal grandmother Roger Hurrell Mother's children's paternal grandfather Eric Reese Mother's nephew Kenneth Hershey, Jr. Mother's son Cheyenne Hershey Mother's daughter Tyler Hershey Mother's son 5. The relationship of defendant to the children is that of father. Father currently resides with the following persons: Name Relationship Karen Barton Father's wife Collyn Barton Mother and Father's son Darryn Barton Mother and Father's son 6. Plaintiff has participated as a party, in other litigation concerning the custody of the children in this or another court. On January 12, 2005, the Honorable Edward E. Guido issued an Order of Court dismissing the petition for dependency, case number CP-21- JV-0234-2004, awarding Father primary physical care and custody of the children. The Court also granted Mother periods of partial physical custody as the parties agree, provided that the children shall be allowed to visit with Mother in person on an overnight basis during their break from school. The Court ordered Father to pay the costs of transportation, to cooperate with the Madison County, Arkansas Child Protective Services, and to allow frequent contact between the children and Mother and siblings by telephone at least two times per week. The Court scheduled a hearing for May 27, 2005 to determine the summer visitation schedule, to monitor the progress in dealing with the issues that led to dependency of Mother's other children, and to determine what is in the best interests of the children. On May 27, 2005, the Honorable Edward E. Guido reaffirmed the January 12, 2005 Order granting Father primary physical custody and Mother periods of partial physical custody as the parties agree. The Court awarded Mother and Father shared legal custody. The Court ordered that the children are not to be alone with Kenneth Hershey and for Mother to assure that nobody talk to the children about the custodial arrangements. The Court established a summer visitation schedule for 2005 and directed that, in the event that Mother and Father could not agree on periods of partial physical custody in the future, the parties shall proceed through conciliation and then to hearing if necessary. Finally, the Court vacated the appointment of Jacqueline M. Verney, Esquire as guardian ad litem. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Mother and Father have been unable to agree to a holiday visitation schedule; b. Mother can provide the children with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; c. Mother will permit contact between Father and the children; d. Mother is willing to accept partial physical custody of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, Mother requests the court to grant her shared legal custody and periods of partial physical custody of the child, with Father having primary physical custody. Mother requests the court grant her partial physical custody of the children specifically from December 19, 2007 to January 2, 2008 and to direct Father to pay for the costs of transportation. Respectfully submitted, Date: u' V Scott Weber Certified Legal Intern lk44,4 4?oj THO AS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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. Belinda Barton osas5o 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-JV-0234-2004 IN THE MATTER OF COLLYN BARTON, born May 8, 1996 IN THE MATTER OF DARRYN BARTON, born December 6, 1998 ORDER OF COURT. AND NOW, this 27th day of May, 2005, after hearing, reaffirm primary physical custody of the children in their Father subject to periods of partial physical custody in the Mother as the parties shall agree. The parties shall have shared legal custody of their children, Collyn Barton, born May 8, 1996, and Darryn Barton, born December 6, 1998. ' Mother shall have partial physical custody in the summer of 2005 from 9:30 a.m. today until 9:00 a.m. on August 1, 2005. During her periods of partial physical custody, Mother shall cooperate with the Cumberland Children and Youth Agency so that they may supervise her care of these children as they are her other two children. The following specific conditions shall be obeyed: 1. The children are not to be alone with her paramour, Kenneth Hershey, under any circumstances whatsoever. 2. Mother shall assure that nobody talks to these children regarding the custodial arrangements. If the parties are unable to agree on any period of partial physical custody in the future, this matter shall proceed through conciliation and then to hearing if necessary. The Mother shall make the children available on Wednesdays between 7:30 p.m. and 9:30 p.m. Eastern Time to receive telephone calls from their Father. The appointment of Mrs. Verney as G.A.L. is vacated. Lindsay Dare Baird, Esquire For CCC&YS Jacqueline M. Verney, Esquire G.A.L. for Children Maggi E. Colwell, Esquire For the Father Belinda Barton 198 Black Gap Road, Lot 134 Fayetteville, PA 17222 Mother, Pro se Juvenile Probation CCC&YS CASA Court Administrator Prothonotary srs C) O t.- -° 5 1 - - n - I Belinda Barton, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Scott Barton Defendant NO.0 9 - '2 v T `CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Belinda Barton, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date )1 yl_t? Scott Weber Certified Legal Intern h"_?' 66 ROB T IL RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?? ? ? ?'.?, "'? . ? ' a. ? _,? ; '? r, 4 ? h i ? .. :' /"' ^., ? w ?_.? :?-> --. ?,€ BELINDA BARTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7079 CIVIL ACTION LAW SCOTT BARTON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, November 30, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, January 07, 2008 _ at 10:00 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/ john j. Man an r. 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 v 4 -t v ?.V, , 1 -163? / -)7111tw /%JOD (''7 ill" 'T? (21- -):rs 1it w+ xc(D flo -- Zq t - t Belinda Barton, Plaintiff V. Scott Barton, Defendant : IN THE COURT OR COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO 07-7079 CIVIL TERM ANSWER TO COMPLAINT 1. Agree 2. Agree 3. Agree 4. Unknown 5. Agree 6. Agree, Plaintiff has had the following Partial Custody times with the Children. Summer 2005 per schedule Christmas spent with Father Summer 2006 followed same schedule Christmas 2006 in PA with Plaintiff Summer 2007 Followed 2005 Schedule with difficulty from mother trying to keep children and discussing case with them which violated the 2005 order. 7. Disagree this is the year the Defendant should have partial custody of this holiday break from the school year. Defendant has also just recently had back surgery on 11/20/07 for a herniated disc and will not be able to travel for hearings in person will need to request a phone exemtion for this hearing. Wherefore, Defendant requests that this legal action not be grated to the plaintiff. The defendant does request that the court please file a final schedule of partial custody for the plaintiff and the defendant that follows the schedule that has been working up until this particular instance. Respectfully Submitted JnO44q Scott M. arton, Defendant 511 Combs Ave Huntsville, AR 72740 eel) rG ' ~ 14 X008 r BELINDA BARTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7079 CIVIL ACTION LAW SCOTT BARTON, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this eddy of January, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The custody complaint docketed at 07-7079 is hereby CONSOLIDATED with the civil docket number 05-2896. All subsequent filings in regard to this matter shall be filed under the 05- 2896 docket number. 2. Legal Custody: The Father, Scott Barton, and the Mother, Belinda Barton, shall have shared legal custody of Collyn barton, born 5/8/1996 and Darryn Barton, born 12/6/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Father, Scott Barton shall have primary physical custody of the Children subject to Mother's partial physical custody as follows: a. Mother shall have physical custody of the Children every summer, beginning one week after the Children's last day of school until one week before the first day of school for the next year. b. Commencing 2008 and in all even-numbered years, Mother shall have physical custody of the Children for Easter one week and for Christmas one week, with the specific understanding that this time shall commence within two (2) days of the holiday break until two (2) days before the end of the holiday break. In 2008, the Easter week shall be from Saturday March 15th through Saturday March 22nd. The exchange times shall be no later than 7:00 pm (EST). Father shall give Mother advance notice of the Children's school vacation schedule at the beginning of every year. C. Mother shall have physical custody at such other times as mutually agreed upon 0-4% 4. Custody Exchanges: The Mother and Father shall share the transportation for the custody exchanges. The exchange location shall be at the Wal-Mart in Indianapolis, Indiana no later than 7:00 pm (EST) on a Saturday, unless otherwise mutually agreed upon. Father shall forward to Mother a sum of two-hundred and fifty dollars ($250.00) at least two (2) weeks prior to the custody exchanges. Mother shall in turn bring any and all receipts for the cost of gasoline and tolls that are incurred for the trip. Mother shall reimburse any unused funds to Father as appropriate. Said sum of money may be modified as conditions warrant. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 6. In the event of a medical emergency, the custodial party shall notify the other parent as soon as practicable after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. Telephone contact between the non-custodial parent and the Children shall be liberal and reasonable as the parties may agree. In the absence of agreement, the custodial parent shall make available the Children at 7:00 pm Eastern Standard Time on Sunday. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. Distribution: Megan Riesmeyer, Esq. Scott Barton, 511 Combs Avenue, Huntsville, AR 72740 John J. Mangan, Esq. Co1 IF-&! M4 1J, j, i Q S "S It ° " 8 ! tiI`r 80u? Ald rL; 3? J?L JV . 4 10- -9 BELINDA BARTON, Plaintiff V. SCOTT BARTON, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7079 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUM IARY REPORT IN ACCORDANCE WITH 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Collyn Barton 5/8/1996 Father Darryn Barton 12/6/1998 Father 2. A Conciliation Conference was held with regard to this matter on January 7, 2008 with the following individuals in attendance: The Mother, Belinda Barton, with her counsel, Megan Riesmeyer, Esq. and Scott Weber, Certified Legal Intern The Father, Scott Barton, pro se 3. The Honorable Edward E. Guido entered an Order of Court dated May 27, 2005 awarding Father primary physical custody of the subject Children subject to Mother's partial physical custody. Said Order was issued under the juvenile dependency docket number CP-21-JV-0234-2004 and subsequently transferred to a civil custody docket number 05-2896. 3. The parties agreed to the entry of an Order in the form as attached. Date John 7. an an, squire Custo y C ciliator BELINDA BARTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 7079 CIVIL TERM SCOTT BARTON, . Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, this day of August 2009, the parties, BELINDA BARTON and SCOTT BARTON hereby enter into the following Custody Stipulation and Agreement regarding their minor sons, COLLYN BARTON and DARRYN BARTON: 1. The Plaintiff, Belinda Barton, is an adult individual who resides at 14229 Route 75 South, Honey Grove, Juniata County, Pennsylvania 17035. 2. The Defendant, Scott Barton, is an adult individual with an address of P. O. Box 1077, Huntsville, Arkansas, 72740. 3. The parties are the natural parents of two (2) children, namely, Collyn Barton, born May 8, 1996, and Darryn Barton, born December 6, 1998. 4. The parties agree to have shared legal custody of the minor children, Collyn Barton and Darryn Barton 2 5. The Plaintiff/Mother shall have primary physical custody of the minor children, Collyn Barton and Darryn Barton with the following stipulations: A. Collyn Barton and Darryn Barton will attend school in the district of the Plaintiff/Mother. The children must keep a GPA above 2.0 and have no tardiness or absentee issues. B. Defendant/Father will keep medical insurance on both children. Plaintiff/Mother has separate insurance. C. No support orders are to be filed. The financial support and needs of the children will be handled by the parties. D. Visitation with the children will be coordinated as the parties can agree. E. All issues concerning said minor children will be discussed by the parties via telephone conferences with major issues and decisions decided as the parties can agree is in the best interest of said minor children. F. If the terms of this Stipulation are not met, this Custody Stipulation will become null and void with the children being returned to Defendant/Father until the children reach eighteen (18) years of age. Custody will then revert back to prior Order of Court dated January 18, 2008. 6. The Defendant/Father shall have temporary physical custody of said minor children at times as agreed upon by the parties. 3 7. The parties shall provide for custody of said minor children during all holidays pursuant to their best interest. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medial emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 9. The parties shall not do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or hamper the free and natural development of the children's love and affection for the other party. 10. The parties may make such alternate arrangements regarding the physical custody of the children so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the children. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 4 11. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 14. Each parry has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. 5 IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. &J;Yn?n 111Yt (SEAL) BELINDA BARTON (SEAL) SCOTT BAR/TON 6 ry 1( BELINDA BARTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 7079 CIVIL TERM SCOTT BARTON, Defendant IN CUSTODY ORDER OF COURT i? AND NOW, this 10 day of 2009, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it' be entered as an Order of Court. By the Court, \* I,,- q N - Scott Barton Defendant Marcus A. McKnight, III, Esq. Attorney for Plaintiff (20, PCES M,-UL?CL glrrlvq X01 FILED-D 'q ? tCE OF THE PR ;T; !. ?Nn7ARY 2009 SEP 10 PH 4: 10 PENN ?LVw?N LA,