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HomeMy WebLinkAbout03-5872RICHARD BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-Sr72,CIVIL TERM HEATHER BARRICK, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Richard Barrick, residing at 11 Peiper Court., Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Heather Barrick, her address as provided by Cumberland County Domestic Relations is c/o Sandy Sheaffer, 12 At Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. FRs+ 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Adin Barrick 1 I Peiper Court 11/23/02 9 months Carlisle, PA 17013 The child was not born out of wedlock The child is presently in the custody of Richard Barrick who resides at 11 Peiper Court., Carlisle, Cumberland County, Pennsylvania. 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 Richard & Heather Barrick 11 Peiper Court birth to Carlisle, PA 17103 May 25, 2003 Richard Barrick 11 Peiper Court May 26, 2003 Carlisle, PA 17013 to present 4. The mother of the children is Heather Barrick, her add;c?sgs provided by Cumberland County Domestic Relations is c/o Sandy Sheaffer, 12 tJVdinding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is married. The father of the children is Richard Barrick, currently residing at 11 Peiper Court, Carlisle, Pennsylvania 17013 He is married. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons. Name Adin Banick Relationship Son 6. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Unknown Relationship 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children . Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the 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. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. Plaintiff continues to maintain the same family household for the child that has been maintained since birth. The Defendant has moved from the family residence to an unknown address in Chambersburg. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, Date: Of '9 , O !; ut/vlo? Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff 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. Cons. Stat. § 4904 relating to unworn falsification to authorities. RticL, 3 Plaintiff Y C, C-3 r C N -y N n W 0 RICHARD BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-5872 CIVIL ACTION LAW HEATHER BARRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, November 14, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on Wednesday, December 10, 2003 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/ Jacqueline M Verney 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 Gym G? .,,r Fa- /i/•)/ Fa- hl-lf FEB 0 2 2004 RICHARD BARRICK, Plaintiff V. HEATHER BARRICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5872 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of f __ 04,upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The Father, Richard Barrick and the Mother, Heather Barrick, shall have shared legal custody of Adin Barrick, born November 23, 2002. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial physical custody of the Child as the parties agree. 4. Neither party shall do or say anything nor permit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 5. This Order is entered pursuant to 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. BY THE COURT, tY'? -04 1V__C_Q_aJ. Oa' A vi;N, Ni ls:Vkq]d Lh :Q NV h- 933 Wol &IVIONoaodd 3Hi do 3011-40-MIU cc: Mark F. Bayley, Esquire, Counsel for Father Heather Barrick, pro se 552 Montgomery Avenue Apt 6 Chambersburg, PA 17201 RICHARD BARRICK, Plaintiff V. HEATHER BARRICK, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2003-5872 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Adin Barrick November 23, 2002 Father 2. A Conciliation Conference was held in this matter on February 2, 2004, with the following individuals in attendance: Father, Richard Barrick, with his counsel, Mark F. Bayley, Esquire. Mother did not appear although she received notice of the conference. 3. Father requested an Order in the form as attached. "k, - .a - uy -. Date J qu ne M. Verney, E Esquire quire Custody Conciliator RICHARD BARRICK, Plaintiff/Respondent V. HEATHER BARRICK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-PENNSYLVANIA NO. 2003-5872 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CHANGE IN JURISDICTION IN ACCORDANCE WITH 23 Pa.C.S.A 0 5364 and 5410 Defendant/Petitioner, Heather Barrick, by and through her attorney, Kristen B. Hamilton, Esquire, of Neuharth Law Offices, respectfully submits this Petition as follows: 1. The Defendant/Petitioner is Heather Barrick, a sui juris adult (hereinafter "Mother") resides at 1051 Fox Meadow Road, Chambersburg, Franklin County, Pennsylvania 17201. 2. The Defendant/Respondent is Richard Barrick, a sui juris adult (hereinafter "Father') who resides at 180 Alters Road, Carlisle, Cumberland County, Pennsylvania 17015. Mother and Father are the natural parents of Adin Andrew Barrick, born November 23, 2002 during the marriage of the parties. 4. In February 2004 an Order was entered by the Honorable Wesley Oler granting primary physical custody of the child to Father, after the Conciliation was held without Mother present, for which Mother avers she did not receive proper notification of the time or place of the proceeding. This Order is attached hereto as "Exhibit A". 5. After the February 2004 Order went into effect Father allowed Mother to resume primary custody of the child, with Father exercising custody on alternating weekends. 6. Although Father resides in Cumberland County, Mother and the child reside in Chambersburg, Franklin County. 7. The parties attempted to reconcile, where Mother and child briefly moved back to Cumberland County for less than six (6) months; Mother and the child returned to Franklin County in January 2007. 8. Mother has repeatedly requested Father stipulate to a custody agreement where the terms of the agreement would accurately reflect the custody arrangement over the past three (3) years. 9. Mother will be filing a Custody Complaint with Franklin County to request the entry of an Order which accurately reflects the status quo since February 2004. The Custody Complaint is attached hereto as "Exhibit B". 10. Mother believes, and therefore avers, that since the child has primarily resided with her during the past three (3) years in Franklin County, that proper jurisdiction in this case now resides with Franklin County Court of Common Pleas. WHEREFORE, Defendant/Petitioner respectfully requests that Cumberland County relinquish jurisdiction in the above-referenced custody matter, based on the child having resided in Franklin County for three (3) years. Defendant/Petitioner further requests that she retain primary physical custody of the child, with Plaintiff/Respondent exercising custody on alternating weekends, until there is a determination of where appropriate jurisdiction for the custody matter is determined. Respectfully submitted, NEUHARTH LAW OFFICES isten B. Hamilton, Esq. Attorney for Petitioner, Heather Barrick Supreme Ct. ID#: 202303 232 Lincoln Way East Chambersburg, PA 17201 717-264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: S a-7 X?' Heather Barrick NEUHARTH LAW OFFICES 717 258 SSS3 02127/07 11:12am P. 002 r FEB 0 2 2004 RICHARD BARRICK, Plaintiff V. HEATHER BAMCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5972 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY O Ka OF COURT AND NOW, this day of f &6 C%1 21 !N , 2004, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: I . The Father, Richard Barrick and the Mother, Heather Garrick, shall have shared legal custody of Adin Barrick, born November 23, 2002. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial physical custody of the Child as the parties agree. 4. Neither party shall do or say anything nor permit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 5. This Order is entered pursuant to 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. BY THE COURT, 4104 6f J. -d 0 EXHIBIT A IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT FRANKLIN COUNTY BRANCH - PENNSYLVANIA HEATHER BARRICK, : Civil Action Law Plaintiff F.R. No. 2007- v. RICHARD BARRICK, Judge In Custody ORDER OF COURT AND DIRECTIVE FOR CONCILIATION NOW, this day of 2007, this Order will notify Richard Barrick, Defendant, that you have been sued in Court to obtain custody of the following child: Adin Andrew Barrick, born November 23, 2002. It is ordered and directed that , Esquire, the Court's Child Custody Conciliation Officer, is hereby directed to conduct a Conciliation Conference on , 2007 at o'clock _.M. at the Assigned Room, Third Floor of the Franklin County Courthouse, Chambersburg, Pennsylvania. The anticipated length of the Conciliation Conference is one (1) hour. The parties along with their legal counsel shall appear in person at the designated time for the Conciliation Conference. A Memorandum shall be furnished to the Conciliator at least two (2) days prior to the scheduled Conciliation Conference pursuant to the 39th Judicial District Civil Rule No. 1915.3 (b)(8). Failure to provide said Memorandum may result in the imposition of sanctions. At the Conciliation Conference an effort will be made to see if the issues can be resolved by an agreement between the parties. If an agreement cannot be reached, the Conciliator will assist in defining and narrowing the issues to reduce the time required for hearing by the Court. At the conclusion of the Conference, the Conciliator will prepare a Conference Summary Report for further action by the Court. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If you have not secured an attorney by the date of the scheduled Conciliation Conference, you shall nonetheless personally appear at the time scheduled for the Conciliation Conference without an attorney. The Plaintiff has deposited the nonrefundable sum of $200.00 with the Prothonotary for the cost of the Conciliation Conference and the Court reserves the right to further assign or divide these costs. EXHIBIT B Heather Barrick, Plaintiff V. Richard Barrick, Defendant Richard Barrick, Defendant, is hereby notified that if you fail to appear as provided by this Order, an Order of Court for custody, partial custody, or visitation may be entered against you or the Court may issue a warrant for your arrest. Pending further Order of Court, with emphasis placed on the arrangements for the six (6) months preceding the filing of this Complaint and with particular attention paid to the role of primary caretaker, the Court hereby establishes the following Temporary Order for custody pending a hearing; 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have physical custody of the child on an alternating weekend schedule. 4. Parties shall continue to share transportation. The Defendants are hereby notified that if they dispute the Plaintiff's averments regarding the current status of the custody arrangements and this Order is entered on the basis of those averments, she has the right to request a prompt conference with this Court. If the matter of the temporary custody arrangements is not resolved at that Conference, the Court may in atypical fact situations and in its sole discretion schedule a brief hearing limited to the issue of determining temporary custody arrangements pending the scheduled Conciliation Conference. The parties and their legal counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter prior to the Conciliation Conference. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA BAR ASSOCIATION LAWYER REFERRAL SERVICE 1-800-692-7375 (PA only) or 1-717-238-6715 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin 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. By the Court, J. IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT FRANKLIN COUNTY BRANCH - PENNSYLVANIA HEATHER BARRICK, Plaintiff V. RICHARD BARRICK, Civil Action Law F.R. No. 2007- Judge In Custody COMPLAINT FOR CUSTODY The Plaintiff, Heather Barrick, by and through her attorney, Kristen Hamilton, Esquire of Neuharth Law Offices, respectfully submits this Complaint for Custody and avers the following: The Plaintiff is Heather Barrick, hereinafter "Mother", who currently resides at 1051 Fox Meadow Road, Chambersburg, Pennsylvania 17201. The Defendant is Richard Barrick, hereinafter "Father", who currently resides at 180 Alters Road. Carlisle, Pennsylvania 17015. Mother and Father are the natural parents of Adin Andrew Barrick, born November 23, 2002. The child was born during the marriage of the parties. The parties later divorced. The child presently resides with his Mother at 1051 Fox Meadow Road, Chambersburg, Pennsylvania 17201. During the past five (5) years, the child has resided with the following persons and at the following addresses: Persons Address Dates Mother, Paramour, 552 Montgomery Avenue February 2004- (2) Half-Brothers Chambersburg, PA 17201 March 2004 Mother, Paramour 693 Center Drive March 2004- (2) Half- Brothers Chambersburg, PA 17201 End August 2006 Mother, Father (2) Half-Brothers 180 Alters Road Carlisle, PA 17015 End August 2006- January 2007 Mother, Paramour, (2) Half-Brothers 1051 Fox Meadow Road Chambersburg, PA 17201 January 2007- Present The mother of the child is Heather Barrick, currently residing at 1051 Fox Meadow Drive, Chambersburg, Pennsylvania 17201. She is single. The father of the child is Richard Barrick, currently residing at 180 Alters Road, Carlisle, Pennsylvania 17015. J He is single. 4. The relationship of Plaintiff to the child is that of Mother. Mother currently resides with the child, the child's half-brothers, Tyler (age 6) and Michael (age 8), and her longtime paramour, Mr. William Czap. The relationship of Defendant Barrick is that of Father. It is believed that Father usually resides alone. 5. In 2003, Father filed a custody action in Cumberland County seeking primary physical custody of Adin. Mother was not represented and did not appear at the Conciliation due to improper notification. In February of 2004 an Order was entered granting the relief Father requested. This Order is attached hereto as "Exhibit A." Although Father was granted primary physical custody, the child has resided primarily with Mother since February 2004. Father only sees the child on an alternating weekend basis. 6. Plaintiff has filed a Rule to Show Cause with Cumberland County, requesting that jurisdiction in this case be relinquished to Franklin County since the child has resided in Franklin County since 2004 and continues to reside in Franklin County. This Petition is attached hereto as "Exhibit B". 7. Awarding shared legal and primary physical custody of the child to Mother is in the best interests of the child because: A. Mother has been the primary caregiver to the child. B. Mother currently has primary physical custody of the child, and has had such custody since February 2004'. C. Father has never exercised primary custody of the child, although he filed for and received primary custody of the child in 2004. D. Father only sees the child on alternating weekends and all major holidays, excluding the year that Father was in jail and was only able to see the child on weekend furloughs. E. Mother believes, and therefore avers, that Father's work schedule has him away from the home approximately eighty (80) hours per week. E. Father has repeatedly threatened to "enforce" the 2004 Order, often during times where child support becomes an issue. F. Mother has requested that the parties file a modification to accurately reflect the true custody scenario, where Mother has primary custody. G. Father refuses to sign any agreement or modify the 2004 Order, and uses "enforcement" of the original Order when Mother broaches the subject of a modification. H. Mother is fearful that under the current custody Order, which has never been followed by the parties since its entrance in February 2004, the status quo can be interrupted at Father's discretion since the Order states he has "primary physical custody". I. Mother believes, and therefore avers, that it is in the best interests of the child to have an Order which accurately reflects the custody arrangement that the parties have had since 2004, especially with the child approaching school age. G. The child is currently ready to begin pre-school in Chambersburg, Franklin County at the end of March 2007. 8. Father was represented in the initial custody action by Mark F. Bayley, Esquire. A copy of this Custody Complaint and the Rule to Show Cause attached hereto, were served upon the Defendant's prior counsel at 57 West Pomfret Street, Carlisle, Pennsylvania 17013. A copy was also mailed to Defendant at his last known address of 180 Alters Road, Carlisle, Pennsylvania 17015. 9. 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 presented the opportunity to intervene: NONE Wherefore, Plaintiff respectfully requests that this Honorable Court grant shared legal custody to the parties and primary physical custody to her. Respectfully submitted, ri ten B. Hamilton, Esquire Attorney for Plaintiff, Heather Barrick Supreme Ct. ID#: 202303 Neuharth Law Offices 232 Lincoln Way East Chambersburg, PA 17201 717-264-2939 Dated: March 5, 2007 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: S +U-7 Heather Barrick ? ?"? t'...? ? --51 -?? ? ?? i' ? =, --- ".i J _. ?.' '?? ? _' .? ? ? C'i ?"'"? ?„? `: ?? •Y? ?? `• RICHARD BARRICK, Plaintiff/Respondent V. HEATHER BARRICK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-PENNSYLVANIA NO. 2003-5872 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AMENDED PETITION FOR CHANGE IN JURISDICTION IN ACCORDANCE WITH 23 Pa.C.S.A 5364 and 5410 Defendant/Petitioner, Heather Barrick, by and through her attorney, Kristen B. Hamilton, Esquire, of Neuharth Law Offices, respectfully submits this amendment to the Petition filed on March 9, 2007, in order to include the following paragraphs: 11. The 2004 Custody Order was executed by the Honorable Wesley Oler. There have been no previous rulings on the issue of jurisdiction in this custody matter. 12. Mark F. Bayley, Esquire, attorney for Plaintiff/Respondent in the 2003 custody matter, has been contacted regarding the submission of this Petition. At this time Attorney Bayley has been unable to contact Plaintiff/Respondent. It will be assumed that his client will object to the filing of this Petition. Respectfully submitted, NEUHARTH LAW OFFICES Kristen B. Hamilton, Esq. Attorney for Petitioner, Heather Barrick Supreme Ct. ID#: 202303 232 Lincoln Way East Chambersburg, PA 17201 717-264-2939 r N - RICHARD BARRICK, Plaintiff/Respondent v. HEATHER BARRICK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-PENNSYLVANIA NO. 2003-5872 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY AMENDED PETITION FOR CHANGE IN JURISDICTION IN ACCORDANCE WITH 23 Pa.C.S.A 5364 and 5410 Defendant/Petitioner, Heather Barrick, by and through her attorney, Kristen B. Hamilton, Esquire, of Neuharth Law Offices, respectfully submits this Petition as follows: 1. The Defendant/Petitioner is Heather Barrick, a sui juris adult (hereinafter "Mother") resides at 1051 Fox Meadow Road, Chambersburg, Franklin County, Pennsylvania 17201. The Defendant/Respondent is Richard Barrick, a sui juris adult (hereinafter "Father") who resides at 180 Alters Road, Carlisle, Cumberland County, Pennsylvania 17015. Mother and Father are the natural parents of Adin Andrew Barrick, born November 23, 2002 during the marriage of the parties. 4. In February 2004 an Order was entered by the Honorable Wesley Oler granting primary physical custody of the child to Father, after the Conciliation was held without Mother present, for which Mother avers she did not receive proper notification of the time or place of the proceeding. This Order is attached hereto as "Exhibit A". 5. After the February 2004 Order went into effect Father allowed Mother to resume primary custody of the child, with Father exercising custody on alternating weekends. 6. Although Father resides in Cumberland County, Mother and the child reside in Chambersburg, Franklin County. Y 7. The parties attempted to reconcile, where Mother and child briefly moved back to Cumberland County for less than six (6) months; Mother and the child returned to Franklin County in January 2007. 8. Mother has repeatedly requested Father stipulate to a custody agreement where the terms of the agreement would accurately reflect the custody arrangement over the past three (3) years. 9. Mother filed a Custody Complaint with Franklin County to request the entry of an Order which accurately reflects the status quo since February 2004. The Custody Complaint is attached hereto as "Exhibit B". 10. Mother believes, and therefore avers, that since the child has primarily resided with her during the past three (3) years in Franklin County, that proper jurisdiction in this case now resides with Franklin County Court of Common Pleas. 11. The 2004 Custody Order was executed by the Honorable Wesley Oler. There have been no previous rulings on the issue of jurisdiction in this custody matter. 12. Mark F. Bayley, Esquire, attorney for Plaintiff/Respondent in the 2003 custody matter, has been contacted regarding the submission of this Petition. At this time Attorney Bayley has been unable to contact Plaintiff/Respondent. It will be assumed that his client will object to the filing of this Petition. WHEREFORE, Defendant/Petitioner respectfully requests that Cumberland County relinquish jurisdiction in the above-referenced custody matter, based on the child having resided in Franklin County for three (3) years. Defendant/Petitioner further requests that she retain primary physical custody of the child, with Plaintiff/Respondent exercising custody on alternating weekends, until there is a determination of where appropriate jurisdiction for the custody matter is determined. Respectfully submitted, NEUHARTH LAW OFFICES Kristen B. Hamilton, Esq. Attorney for Petitioner, Heather Barrick Supreme Ct. ID#: 202303 232 Lincoln Way East Chambersburg, PA 17201 717-264-2939 NEUHARTH LAW OFFICES 717 25S 9998 02/27/07 11:12am P. 002 FEB 0 2 2004 V RICHARD RAWCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5872 CIVIL TERM HEATHER BARRICK, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT ? AND NOW, this day of ? f M 23 !1 , 2004, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The Father, Richard Barrick and the Mother, Heather Barrick, shall have shared legal custody of Adin Barrick, born November 23, 2002. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial physical custody of the Child as the parties agree. 4. Neither party shall do or say anything nor permit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 5. This Order is entered pursuant to 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. 0`? O BY THE COURT, WC.-. 2 9 og L T 61 1. EXHIBIT A IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT FRANKLIN COUNTY BRANCH - PENNSYLVANIA HEATHER BARRICK, : Civil Action Law Plaintiff F.R. No. 2007- v. RICHARD BARRIC ,:, : Judge In Custody ORDER OF COURT AND DIRECTIVE FOR CONCILIATION NOW, this day of 2007, this Order will notify Richard Barrick, Defendant, that you have been sued in Court to obtain custody of the following child: Adin Andrew Barrick, born November 23, 2002. It is ordered and directed that , Esquire, the Court's Child Custody Conciliation Officer, is hereby directed to conduct a Conciliation Conference on 2007 at o'clock -.M. at the Assigned Room. Third. Floor of the Franklin County Courthouse, Chambersburg, Pennsylvania. The anticipated length of tlhe Conciliation Conference is one (1) hour. The parties along with their legal counsel shall appear in person at the desiorated time for the Conciliation Conference- A ivlemorandum shah be furnished to the Conciliator at least two (2) days prior to the scheduled Conciliation Conference pursuant to the 39th Judicial District Civil Rule No. 191.5.3 (b)(8). Failure to provide said Memorandum may result in the imposition of sanctions. At the Conciliation Conference an effort will be made to see if the issues can be resolved by an agreement between the parties. If an agreement cannot be reached, the Conciliator will assist in defining and narrowing the issues to reduce the time required for hearing by the Court. At the conclusion of the Conference, the Conciliator will prepare a Conference Summary Report for further action by the Court. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If you have not secured an attorney by the date of the scheduled Conciliation Conference, you shall nonetheless pe-rsonally appear at the time scheduled for the Conciliation Conference without an attorney. The Plaintiff l.as deposited the nonrefundable sum of $200.00 with the Prothonotary for the cost of the Conciliation Conference and the Court reserves the right to further assign or divide these costs. EXHIBIT B Heather Barrick, Plaintiff V. Richard Barrick, Defendant Richard Barrick, Defendant, is hereby notified that if you fail to appear as provided by this Order, an Order of Court for custody, partial custody, or visitation may be entered against you or the Court may issue a warrant for your arrest. Pending further Order of Court, with emphasis placed on the arrangements for the six (6) months preceding the f ling of this Complaint and with particular attention paid to the role of primary caretaker, the Court hereby establishes the following Temporary Order for custody pending a hearing; Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have physical custody of the child on an alternating weekend schedule. 4. Parties shall continue to share transportation. The Defendants are hereby notified that if they dispute the Plaintiff s averments regarding the current status of the custody arrangements and this Order is entered on the basis of those averments. she has the right to request a prompt conference with this Court. If the matter of the temporary custody arrangements is not resolved at that Conference, the Court may in atypical fact situations and in its sole d1SCr't?1,I1 SClledllie DYI.°F 1??a lr'??j l.:nlted t0 tl.e ISSt L Ot determinlnu tempvra1?- custoody ai_ang-2me'rl s pendln scheduled ?'onc11? atlon Conference. . The parties and their legal counsel, if applicable. are hereby directed to engage in meaningful negotiations to resolve this matter prior to the Conciliation Conference. YOU SHOULD TAKE THIS PAVER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA BAR ASSOCIATION LAWYER REFERRAL SERVICE 1-800-692-737 (PA only) or 1-717-%38-6715 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin 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. By the Court. J. IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT FRANKLIN COUNTY BRANCH - PENNSYLVANIA HEATHER BARRICK, Plaintiff V. RICHARD) BARRICK, Civil Action Law F.R. No. 2007- Judge In Custody COMPLAINT FOR CUSTODY The Plaintiff, Heather Barrick, by and through her attorney, Kristen Hamilton, Esquire of Neuharth Law Offices, respectfully submits this Complaint for Custody and avers the following: 1. The Plaintiff is Heather Barrick, hereinafter "Mother". who currently resides at 1051 Fox Meadow Road, Chambersburg, Pennsylvania 17201. 1) The Defendant is Richard Barrick, hereinafter '`Father", who currently resides at 180 Alters Road. Carlisle, Pennsvlvania 17015. J. Mother and Father are the natural parents of Adin Andrew Barrick, born November 23, 2002. The child was born during the marriage of the parties. The parties later divorced. The child presently resides with his Mother at 1051 Fox Meadow Road, Chambersburg, Pennsylvania 17201. During the past five (s) yca •s, the child has resided with the following persons and at the following addresses: Persons Address Dates Mother, Paramour, 552 Montgomery Avelilte February 2004- (2) Half-Brotl.ers Chambersburg, PA 17201 March 2004 Mother, Paramour 693 Center Drive March 2004- (2) Half- Brothers Chambersburg, PA 17201 End August 2006 Mother, Father (2) Half-Brothers 180 Alters Road Carlisle, PA 17015 End August 2006- January 2007 Mother, Paramour, (2) Half-Brothers 1051 Fox Meadow Road Chambersburg, PA 17201 January 2007- Present The mother of the child is Heather Barrick, currently residing at 1051 Fox Meadow Drive, Chambersburg, Pennsylvania 17201. She is single. The father of the child is Richard Barrie, currently residing at 180 Alters Road, Carlisle, Pennsvlvania 17015. He is single. 4. The relationship of Plaintiff to the child is that of Mother. Mother currently resides with the child, the child's halms brothers, Tyler (age 6) and Michael (age 8), and her longtime paramour, Mr. William Czap. The relationship of Defendant Barrick is that of Father. It is believed that Father usually r?:sidcs alone. 5. In 2003, Father E led a custody action in Cumberland County seeking primary physical custody of Adin. Mother was not represented and did not appear at the Conciliation due to improper notification. In February of 2004 an Order was entered granting the relief Father requested. This Order is attached hereto as "Exhibit A." Although Father was granted primary physical custody, the child has resided primarily with Mother since February 2004. Father only sees the child on an alternating weekend basis. 6. Plaintiff has filed a Rule to Show Cause with Cumberland County, requesting that jurisdiction in this case be relincjLiished to Franklin County since the child has resided in Franklin County since 2004 and contii.ues to reside in Franklin County. This Petition is attached hereto as "Exhibit B". 7. c. CD i HEATHER BARRICK, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY - PENNSYLVANIA V. NO. 2003-5872 CIVIL TERM CIVIL ACTION - LAW RICHARD BARRICK, Defendant IN CUSTODY ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, RICHARD BARRICK, in the above-captioned matter. Respectfully submitted, J o-+ Date Awm & KUT ULAKi,, L.L.P. LI, &WO Michelle L. So er, Esquire Attorney I.D. No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant I- CERTIFICATE OF SERVICE AND NOW, this ?A\' day of March 2007, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Entry of Appearance, upon the Plaintiff by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Kristen Hamilton, Esquire Newharth Law Offices P. O. Box 359 Chambersburg, PA 17201 ABom & KUT ULAKIS, L.L.P. Michelle L. So er, Esquire Attorney I.D. No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant c-'., C`? ?„ .? -?+ ?? ? ? ?' ,? s "'? s-- d . , . , ? .,-? '° `? ^?? ?? `'? f ..-- RICHARD BARRICK, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-PENNSYLVANIA vs. HEATHER BARRICK, Defendant/Petitioner NO. 2003-5872 CIVIL TERM CUSTODY PETITION TO MODIFY CUSTODY ORDER Petitioner/Defendant, hereinafter "Mother", Heather Barrick, by and through her attorney, Kristen B. Hamilton, Esquire, of Arnoult, Taccino & Hamilton, respectfully represents the following: 1. Petitioner/Defendant, hereinafter "Mother," is Heather Barrick, who currently resides at 948 Stoney Bridge Drive, Chambersburg, Franklin County, Pennsylvania 17201. 2. Respondent/Plaintiff, hereinafter "Father", is Richard Barrick, who currently resides at 180 Alters Road, Carlisle, Cumberland County, Pennylsvania 17015. 3. Mother and Father are the natural parents of Adin Andrew Barrick, hereinafter "the child" or "Adin", born November 23, 2002. 4. A Custody Agreement and Order was entered by the Court on February 3, 2004. A copy of said Order has been attached and incorporated hereto as Defendant's Exhibit 1. 5. Since February 2004 the child has resided primarily with Mother and Father would see the child on alternating weekends from Friday through Sunday. The parties did attempt to reconcile where Mother and child moved back in with Father in Carlisle for approximately five (5) months, however attempts failed and in January Mother and the child returned to live in Franklin County. 6. Since the entry of the February 3, 2004 Order, there has been a substantial change in circumstances. Modification is warranted based upon the following reasons: A. Mother has exercised primary custody of the child, Adin with Father's express permission since February 2004. B. Since February 2004, Father has exercised custody of the child only on alternating weekends. C. On several occasions, especially when the parties are not getting along, Father has threatened to enforce the 2004 Custody Order by removing the child from Mother's custody. D. Mother repeatedly requested that Father stipulate to a custody agreement where the terms of the agreement accurately reflect the status quo arrangement, fearing that Father would follow through on his threats of enforcing the 2004 Order granting him primary custody. E. Having resided in Franklin County with the child for more than six (6) months, on March 14, 2007, Mother made a request to the Court that Cumberland relinquish jurisdiction in order to pursue a temporary order through Franklin County and simultaneously filed a Complaint for Custody in Franklin County. F. When Father received his paperwork, the Sunday he was to return the child to Mother after his weekend he refused and did not tell Mother when she could see the child again. G. Since Father received the Custody Complaint, he has only been allowing Mother to see the child every other week. H. Father has told Mother that if she does not agree to the week on/week off custody arrangement, he will simply go by 2004 Custody Order and she will not see Adin at all. 1. Since Mother and Father had planned for the child to remain within Franklin County for school, Mother enrolled the child in the Chambersburg Head Start program for pre-school beginning for the school year of 2007-2008, which Father was made aware of. J. Mother is concerned that the child is not adapting well to the new arrangement and believes that it is in the best interests of the child to return to her primary custody, which the parties have been doing for over three (3) years. WHEREFORE, Petitioner/Defendant requests that this Honorable Court grant Mother primary custody of the child and partial custody of the child to Father on an alternating weekend basis, as has been the status quo since February 2004. Respectfully submitted, ARNOULT, TACCINO & HAMILTON, LLC Kris n Hamilton, Esquire Attorney for Petitioner, H. Barrick Supreme Ct. ID#: 202303 14 N. Main Street, Suite 410 Chambersburg, PA 17201 Date: • I I. 0 717-264-0060 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ?` iHeather Barrick NEUHARTH LAW OFFICES 717 258 9993 02/27/07 11:12am F. 002 FEB 0 2 2004 RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5872 CIVIL TERM HEATHER BARRICK, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of f , 2044, upon - F e-L consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The Father, Richard Barrick and the Mother, Heather Barrick, shall have shared legal custody of Adin Barrick, born November 23, 2002. Each party shall have an equal right, to be exercised jointly with the other panty, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial physical custody of the Child as the parties agree. 4. Neither party shall do or say anything nor permit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 5. This Order is entered pursuant to 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. off'" BY THE COURT, J. EXHIBIT A C 1 •V^_i ? `f r ,k RICHARD BARRICK Plaintiff V. HEATHER BARRICK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5872 CIVIL ACTION-LAW IN CUSTODY IN RE: AMENDED PETITION FOR CHANGE IN JURISDICTION IN ACCORDANCE WITH 23 Pa. C.S.A. §§ 5364 and 5410 BEFORE OLER, J. ORDER OF COURT AND NOW, this ZV1day of April, 2007 upon consideration of Defendant Heather Barrick's Amended Petition for Change in Jurisdiction in Accordance with 23 Pa. C.S.A. §§ 5364 and 5410, and it appearing that no petition for modification of the existing order of custody is pending, the Petition for Change in Jurisdiction is denied without prejudice to the right of either party to request such a change at such time as the request can be evaluated in the context of a pending issue. BY THE COURT, Wesley Oler *., J. VIE'iVA IA » i`f p J M ¢ ifj? . `' ZS' :C Wd £z 8dd EOOZ AfflO 'O'H U,4d 3A JO KI??D-MIJA NEUYten B. Hamilton, Esq. HARTH LAW OFFICES 232 Lincoln Way East Chambersburg, PA 17201 Attorney for Defendant ,eki"chard Barrick 108 Alters Road Carlisle, PA 17015 Plaintiff /ark F. Bayley, Esq. 54 West Pomfret St. Carlisle, PA 17013 RICHARD BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-5872 CIVIL ACTION LAW HEATHER BARRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. Wednesday, April 18, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 22, 2007 at 9:30 AM ....._-- -----.._..---.--_ for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ facquelineM. Verne ,Esq. wit 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 10 :01 WV ?Z M LOOZ OM & U ULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 RICHARD BARRICK Plaintiff V. HEATHER BARRICK Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 2003-5872 : CIVIL ACTION -LAW : IN CUSTODY MOTION TO WITHDRAW AS COUNSEL TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: AND NOW, this 1 st day of June, 2007, comes undersigned counsel, Michelle L. Sommer, Esquire, who respectfully requests This Honorable Court grant this Motion to Withdraw as Counsel for the above-named Plaintiff and, in support thereof, respectfully avers the following. 1. On March 12, 2007 undersigned counsel was retained by the Plaintiff, Richard Barrick, to represent him in the above-captioned custody matter. 2. Defendant is represented by Kristen Hamilton, Esquire. 3. A Pre-Hearing Custody Conference was scheduled for May, 22, 2007 at 9:30 a.m. 4. On March 14, 2007 Plaintiff, by his undersigned counsel, filed a Motion for Continuance of the Custody Conciliation Conference. 5. Plaintiff and Defendant have reached a mutually agreeable Custody Stipulation. 6. Plaintiff no longer desires representation by undersigned counsel in this matter. WHERERFORE, undersigned counsel respectfully requests This Honorable Court grant her request to withdraw as counsel in this matter. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: Michelle L. So r, Esquire Abom & Kutulakis, LLP. 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICE AND NOW, this I" day of June, 2007, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Motion to Withdraw as Counsel by First Class U.S. Mail to the following: Kristen Hamilton, Esquire 14 North Main Street Suite 410 Chambersburg, PA 17201 Richard Barrick 180 Alters Road Carlisle, PA 17013 Michelle L. So er, Esquire G .- rW RICHARD BARRICK Plaintiff V. HEATHER BARRICK Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 2003-5872 : CIVIL ACTION -LAW : IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: AND NOW9 this 1St day of June, 2007, comes undersigned counsel, Kristen B. Hamilton, Esquire, who respectfully requests This Honorable Court grant this Motion to Withdraw as Counsel for the above-named Defendant and, in support thereof, respectfully avers the following: 1. On February 13, 2007 undersigned counsel was retained by the Defendant, Heather Barrick, to represent him in the above-captioned custody matter. 2. Plaintiff is represented by Michelle Sommer, Esquire of Abom & Kutulakis. 3. A Pre-Hearing Custody Conference was scheduled for May, 22, 2007 at 9:30 a.m. 4. On March 14, 2007 Plaintiff, by his undersigned counsel, filed a Motion for Continuance of the Custody Conciliation Conference. 5. The Conciliation Conference was continued and is currently scheduled for Tuesday, June 5, 2007at 8:30 a.m. 6. On May 31, 2007, the undersigned counsel was informed by Defendant that the parties have reached a mutually agreeable Custody Stipulation. 7. On the same day, Defendant told the undersigned that she no longer desires to be represented by undersigned counsel in this matter. 8. Undersigned counsel requested that Defendant sign a Praecipe to Withdraw as Counsel due to the short notice regarding the termination of representation. 9. Defendant initially agreed to sign said Praecipe however declined to do so when the document was ready although Defendant still wishes to terminate representation. 10. Based on the Rules of Professional Responsibility, undersigned counsel believes that there is an obligation to attend said Conciliation Conference unless formally released from her obligation to do so by this Court or by a signed writing of the client. WHERERFORE, undersigned counsel respectfully requests This Honorable Court grant her request to withdraw as counsel in this matter. Respectfully submitted, Arnoult, Taccino & Hamilton, LLC Date: Krist n B. Hamilton, Esq. Supreme Ct. ID4 202303 14 North Main Street, Suite 410 Chambersburg, PA 17201 717-264-0060 CERTIFICATE OF SERVICE AND NOW, this 1St day of June, 2007, I, Kristen Hamilton, Esquire of Arnoult, Taccino & Hamilton, LLC, hereby certify that I did serve or cause to be served a copy of the foregoing Motion to Withdraw as Counsel by First Class U.S. Mail to the following: Michelle Sommer Abom & Kutulakis 36 South Hanover Sreet Carlisle, PA 17013 Heather Barrick 948 Stoney Bridge Drive Chambersburg, PA 17201 Date: b to 101 In Kristen . Hamilton, Esquire C"? ^'?? -.? ?',': `= :? ,. ? . ? ? ?` -.... ..a. ?- ??, .. ?? OM & UTULAKrS 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 RICHARD BARRICK, Plaintiff V. HEATHER BARRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA NO. 2003-5872 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: MOTION TO WITHDRAW AS COUNSEL AND NOW5 this 12th day of June, 2007, comes undersigned counsel, ABOM & KUTULAKIS, L.L.P., by Michelle L. Sommer, Esquire, who respectfully requests This Honorable Court grant this Motion to Withdraw as Counsel for the above-named Plaintiff and, in support thereof, respectfully avers the following: 1. On March 12, 2007, undersigned counsel was retained by the Plaintiff, Richard Barrick, to represent him in the above-captioned custody matter. 2. Defendant is represented by Kristen Hamilton, Esquire. 3. A Pre-Hearing Custody Conference was scheduled for May 22, 2007 at 9:30 a.m. 4. On March 14, 2007, Plaintiff, by his undersigned counsel, filed a Motion for Continuance of the Custody Conciliation Conference. 5. Plaintiff and Defendant have reached a mutually agreeable Custody Stipulation. 6. Plaintiff no longer desires representation by undersigned counsel in this matter. 7. Opposing Counsel, Kristen Hamilton, of Arnoult, Taccino & Hamilton, L.L.C., was contacted and does not oppose the Motion to Withdraw as Plaintiffs Counsel and in fact, is filing her own Motion to Withdraw as Defendant's Counsel in the above captioned matter. WHEREFORE, undersigned counsel respectfully request This Honorable Court grant her request to withdraw as counsel in this matter. Respectfully Submitted, ABOM &KUTULA"s L. L. P. Date: U Michelle L. So er, Esquire Attorney ID #93034 36 South Hanover Street Carlisle, PA 17013 Petitioner VERIFICATION I, Michelle L. Sommer, Esquire, verify that the statements made in the foregoing Motion to Withdraw as Counsel are true and correct to the best of my knowledge, information, and belief. 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 kT V'r NUWJ ' -- &W-av' Michelle L. So er, Esquire Attorney ID #93034 CERTIFICATE OF SERVICE AND NOW, this 12th day of June 2007, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that we did serve a true and correct copy of the foregoing Petition for Rule to Show Cause, upon Richard Barrick and Heather Barrick's counsel by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Via Certified Mail - Return Receipt Requested.- Richard Barrick 180 Alters Road Carlisle, PA 17015 Via regular mail: Kristen Hamilton, Esquire Arnoult, Taccino & Hamilton, L.LC. 14 North Main Street Suite 410 Chambersbur,a, Pennsylvania 17201 Michelle L. So r, Esquire -? .?-? ? , -;"1 __ ? ?? ,- } --- ('r,.? %?? ,?, ,. I 1 RICHARD BARRICK Plaintiff V. HEATHER BARRICK Defendant JUN 04 2007 P? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2003-5872 CIVIL ACTION -LAW IN CUSTODY AND NOW, this day of June, 2007, after due consideration of the within Motion, IT IS HEREBY ORDERED AND DECREED THAT the counsel's Motion to Withdraw as Counsel is hereby granted. BY THE COURT: Distribution: Michelle L. Sommer, Esquire Kristen Hamilton, Esquire Heather Barrick 77, I, . . It JUN 0 5 2007-rk RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5872 CIVIL TERM HEATHER BARRICK, : CIVIL ACTION - LAW Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this day of I,,,.A C?- , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 3, 2004 is hereby vacated. 2. The Father, Richard Barrick and the Mother, Heather Barrick, shall have shared legal custody of Adin Barrick, born November 23, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the Child. 4. Father shall have periods of partial physical custody on alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m. Y 5. Holidays shall be shared or alternated as agreed by the parties. cr r LIJ C) J ta- .. U LIJ :. ;.. C-L LL- © N 6. Transportation shall be shared such that the receiving party shall transport. 7. Neither party may relocate outside of Cumberland County without further Order of Court. 8. This Order is entered pursuant to 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. cc: Heather Barrick, pro se 12 East Winding Hill Road Mechanicsburg, PA 17055 Richard Barrick, pro se o 180 Alters Road Carlisle, PA 17015 rnuu.2?e? G -//- D 7 RV TITP MITRT RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-5872 CIVIL TERM HEATHER BARRICK, : CIVIL ACTION - LAW Defendant/Petitioner IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Adin Barrick November 23, 2002 shared 2. A Conciliation Conference was held in this matter on June 5, 2007, with the following individuals in attendance: Mother, Heather Barrick, pro se and Father, Richard Barrick, pro se. Counsel for both parties, Kristen Hamilton, Esquire and Michelle L. Sommer, Esquire were present, but the parties indicated that they wished to proceed pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated February 3, 2004 providing for shared legal custody, Father to have primary physical custody and Mother to have periods of partial physical custody as agreed by the parties. 4. The parties agreed to an Order in the form as attached. (Q -S A I? Date cq ine M. Verney, Esquire 101, Custody Conciliator JUN 0 4 2007" RICHARD BARRICK Plaintiff V. HEATHER BARRICK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2003-5872 CIVIL ACTION -LAW IN CUSTODY AND NOW, this I S l? day of June, 2007, after due consideration of the within Motion, IT IS HEREBY ORDERED AND DECREED THAT the ti counsel's Petition to Withdraw as Counsel is hereby granted. 1? C/ aUd 7 , BY THE COURT: ic 't nbution: helle L. Sommer, Esquire sten Hamilton, Esquire \ Xchard Barrick J L S .6 E?gJ, 61 1;qf tB, 0Z -l-U do '_ C? "loll-1 RICHARD BARRICK, Petitioner VS. HEATHER BARRICK, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2003-5872 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY COURT ORDER AND NOW, this 19th day of December, 2008, Petitioner Richard Barrick, by and through his counsel, Paul Bradford Orr, Esquire, respectfully represents the following: 1. Petitioner is Richard Barrick, natural father of minor child, Adin Barrick with a date of birth of November 23, 2002. 2. Respondent, Heather Barrick, is the natural mother of the child referred to in paragraph one (1). 3. On June 8, 2007, an Order of Court was issued by the Honorable J. Wesley Oler, Jr., whereby it was Ordered that Petitioner and Respondent would have Shared Legal Custody and Mother shall have Primary Physical Custody with Father having periods of Partial Physical Custody on alternating weekends from Friday at 5:30 pm to Sunday at 5:30 pm, of aforementioned minor child. (See copy of Order Attached and Marked as Petitioner's Exhibit "A"). 4. Respondent has not allowed Petitioner his rights to his visitation periods for approximately three (3) months now. (Last visitation: September 29, 2008) 5. In addition, Petitioner has not been allowed to exercise his right for visitation on the holidays as Ordered in said Order mentioned above. 6. With regards to the Shared Legal Custody, Petitioner has not been permitted any medical, dental or school records for said minor child. Petitioner has not been notified by Respondent of any extracurricular activities, school pictures, children's parties, musical presentations, back-to-school night, or any of the same. 7. Per Order of Court dated June 8, 2007 neither party may relocate out of Cumberland County without further Order of Court. It is our understanding that Defendant/Respondent is currently living in Franklin County. It is also our understanding that she has changed her telephone number and refuses that number to Petition"t this time, Petitioner has no way to contact his son. WHEREFORE, Petitioner respectfully requests that this Honorable Court find the Respondent in Contempt of the previously issued Order and award counsel fees, costs, and other fees as appropriate to Petitioner. Additionally, Petitioner respectfully requests this Honorable Court to schedule an immediate Hearing so that Custody can be expanded of the minor child, Adin Barrick, as Petitioner has suffered undue and unreasonable delay on the part of Respondent. Re ec ul Su itted, r 1 ,/ Paul Bradford Orr, Esquire Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID 71786 VERIFICATION I verify that the statements made in the foregoing Petition 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: C I Richar , Plaintiff/Petitioner RICHARD BARRICK, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.: 2003-5872 CIVIL TERM HEATHER BARRICK, CIVIL ACTION - LAW Respondent IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this day of December, 2008, 1 mailed a copy of Petitioner's Petition for Contempt of Custody Court Order to the following persons at the following address by First Class Mail as follows: Heather Barrick 948 Stoney Bridge Drive Chambersburg, PA 17201 Respondent, pro se Paul Bradford Orr, Esquire Attorney for Plaintiff/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No.: 71786 V_ . '11 JUN 0 b 2007rk RICHARD BARRICK, PlaintifVRespondent V. HEATHER BARRICK, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2003-5872 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of I.. w ,. , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 3, 2004 is hereby vacated. 2. The Father, Richard Barrick and the Mother, Heather Barrick, shall have shared legal custody of Adin Barrick, born November 23, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the Child. 4. Father shall have periods of partial physical custody on alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m. 5. Holidays shall be shared or alternated as agreed by the parties. Y Petitioner's Exhibit "All 6. Transportation shall be shared such that the receiving party shall transport. 7. Neither party may relocate outside of Cumberland County without further Order of Court. 8. This Order is entered pursuant to 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. cc: Heather Barrick, pro se 12 East Winding Hill Road Mechanicsburg, PA 17055 Richard Barrick, pro se 180 Alters Road Carlisle, PA 17015 inv Tuip rOl TR T M M w ri ?. U c? - CCLIJ o ° Z) cv V C? ? F r7 RICHARD BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-5872 CIVIL ACTION LAW HEATHER BARRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, December 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 27, 2009 _ 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/ ac uelrne M. Verne 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 cl -z-w 41?) 5J - /r, Z-/ ?`G ?? JAN ? 7 200 RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5872 CIVIL TERM HEATHER BARRICK, : CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 21 9 day of _ Y • T3,ZI u2s !!, ? 2009 upon consideration of the attached Custody Conciliation Report, It is ordered and directed as follows: Father's allegations of contempt shall be held in abeyance. 2. The prior Order of Court dated June 8, 2007 shall remain in full force and effect with the following additions. 3. Within seven days of January 27, 2009, maternal grandmother and a representative from the First United Church of Christ shall inspect Father's home to determine whether the home is safe for the child to spend overnights. Both inspectors may take photographs and write a report to Mother and counsel for Father on the conditions of the home. 4. Pending the inspection, Father shall have partial physical custody of the child on Saturday, January 31, 2009 from 10:00 a.m. to 6:00 p.m. 5. In the event the inspection of the home is satisfactory to both inspectors, the parties shall revert to the prior custodial arrangement wherein Father is to have alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m. His overnight weekends would begin February 6, 2009. 6. In the event that the inspection is not satisfactory to one or both of the inspectors, then Father shall continue to have physical custody of the child alternating Saturdays from 10:00 a.m. to 6:00 p.m. until another Conciliation Conference is scheduled. 7. Transportation shall be shared such that the parties shall meet at the Sunoco gas station in Shippensburg. ?..3.. `\j .. . ? •. i.? C 'tea ?-1-. CJ C Ca ! a_ "1 8. This Order is entered pursuant to 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. BY THE COURT, L 4sJ-leyOler, Jr J. cc: PP l Bradford Orr, Esquire, counsel for Father ?Heather Barrick, pro se 948 Stonebridge Drive Chambersburg, PA 17202 COF e-S en-at LL RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-5872 CIVIL TERM HEATHER BARRICK, : CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Adin Barrick DATE OF BIRTH CURRENTLY IN CUSTODY OF November 23, 2002 Mother 2. A Conciliation Conference was held in this matter on January 27, 2009, with the following individuals in attendance: Father, Richard Barrick, with his counsel Paul Bradford Orr, Esquire and Mother, Heather Barrick, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated June 8, 2007 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody on alternating weekends. Neither party was to relocate out of Cumberland County without prior Order of Court. 4. Father filed a Petition for Contempt alleging that Mother had relocated to Franklin County and that she has withheld the child from Father since September, 2008. Mother admitted to moving to Franklin County, but maintained that Father's home was not suitable for the child to visit overnight. 5. The parties agreed to an Order in the form as attached. 9-1 - 0 Cl -? 111 9 ? Date " acq ' line M. Verney, Esquire Custody Conciliator RICHARD BARRICK, Petitioner vs. HEATHER BARRICK, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2003-5872 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY 1. The Petitioner is Richard Barrick, who resides at 180 Alters Rd., Carlisle, Pennsylvania 17013. 2. The Respondent is Heather Barrick, who resides at 948 Stoney Bridge Drive, Chambersburg, Pennsylvania 17202. 3. Petitioner is requesting that his scheduled visitation periods be extended in order to broaden the relationship between himself and his child. WHEREFORE, the Petitioner requests a Modification of Custody. Paul Bradford Orr, Esquire Attorney for Plaintiff/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA Court ID # 71786 Date: iq u0? Respectfully Submitted, By: j 6 VERIFICATION I verify that the statements made in the foregoing Petition 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. -is-14 z DATE: F-7 Richard Barrick, Plaintiff/Petitioner RICHARD BARRICK, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.: 2003-5872 CIVIL TERM HEATHER BARRICK, CIVIL ACTION - LAW Respondent IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this 0'9'-'Iday of , ?o-n 12009,1 mailed a copy of Petitioner's Petition for Modification of Custody to the following persons at the following address by First Class Mail as follows: Heather Barrick 948 Stoney Bridge Drive Chambersburg, PA 17201 Respondent, pro se Paul Bradford Orr, Esquire Attorney for Plaintiff/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No.: 71786 'v V O ` V? ., r1i CD r 4 '. .4, ¦ l• RICHARD BARRICK, Petitioner vs. HEATHER BARRICK, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2003-5872 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY COURT ORDER AND NOW, this 9t" day of February, 2009, Petitioner, Richard Barrick, by and through his counsel, Paul Bradford Orr, Esquire, respectfully represents the following: 1. Petitioner is Richard Barrick, natural father of minor child, Adin Barrick with a date of birth of November 23, 2002. 2. Respondent, Heather Barrick, is the natural mother of the child referred to in paragraph one (1). 3. On January 29, 2009, an Order of Court was issued by the Honorable J. Wesley Oler, Jr., whereby it was Ordered that Maternal Grandmother and a representative from the First United Church of Christ shall inspect Father's home. (See copy of Order Attached and Marked as Petitioner's Exhibit "A"). 4. Respondent's party never showed on the scheduled date and time to inspect Father's home. However, Petitioner did have a local Realtor and a member of the First United Church present. The Realtor has provided Counsel with pictures and a report. (See copy of pictures and report Attached and Marked as Petitioner's Exhibit "B„) 5. Per said Order of Court, Petitioner was to have Partial Physical Custody of said child on Saturday, January 31, 2009 from 10:00 am to 6:00 pm pending said inspection. Additional periods of visitation was to occur depending on the inspection of the Father's home. (See Order of Court referred to above) ¦ 1% 6. To date, February 9, 2009, Petitioner still has not seen his son. He showed up to the meeting place, Sunoco Gas Station in Shippensburg, according to said Order of Court, on January 31, 2009. He contacted Respondent on February 6, 2009, regarding visitation with his son and was notified at that time that she had no intentions of providing him with visitation. WHEREFORE, Petitioner respectfully requests that this Honorable Court find the Respondent in Contempt of the previously issued Order and award counsel fees, costs, and other fees as appropriate to Petitioner. Additionally, Petitioner respectfully requests this Honorable Court to schedule an immediate Hearing so that Custody can be expanded of the minor child, Adin Barrick, as Petitioner has suffered undue and unreasonable delay on the part of Respondent. espectfully Submitted, Paul Bradford Orr, Esquire Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID 71786 0 *0 f VERIFICATION I verify that the statements made in the foregoing Petition 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: Z [o 09 Richar, laintiff/Petitioner 101 wl? RICHARD BARRICK, Petitioner vs. HEATHER BARRICK, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2003-5872 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this day of February, 2009, 1 mailed a copy of Petitioner's Petition for Contempt of Custody Court Order to the following persons at the following address by First Class Mail as follows: Heather Barrick 948 Stoney Bridge Drive Chambersburg, PA 17201 Respondent, pro se Paul Bradford Orr, Esquire Attorney for Plaintiff/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No.: 71786 -10 u;AN 2 ; Zook RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5872 CIVIL TERM HEATHER BARRICK, : CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of , 2009, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: Father's allegations of contempt shall be held in abeyance. 2. The prior Order of Court dated June 8, 2007 shall remain in full force and effect with the following additions. 3. Within seven days of January 27, 2009, maternal grandmother and a representative from the First United Church of Christ shall inspect Father's home to determine whether the home is safe for the child to spend overnights. Both inspectors may take photographs and write a report to Mother and counsel for Father on. the conditions of the home. 4. Pending the inspection, Father shall have partial physical custody of the child on Saturday, January 31, 2009 from 10:00 a.m. to 6:00 p.m. 5. In the event the inspection of the home is satisfactory to both inspectors, the parties shall revert to the prior custodial arrangement wherein Father is to have alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m. His overnight weekends would begin February 6, 2009. 6. In the event that the inspection is not satisfactory to one or both of the inspectors, then Father shall continue to have physical custody of the child alternating Saturdays from 10:00 a.m. to 6:00 p.m. until another Conciliation Conference is scheduled. 7. Transportation shall be shared such that the parties shall meet at the Sunoco gas station in Shippensburg. Petitioner's Exhibit "All 4 8. This Order is entered pursuant to 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. BY THE COURT, C/ ? " -1 [1- -.71 , low J. sley Oler, Jr., J. cc: Paul Bradford Orr, Esquire, counsel for Father Heather Barrick, pro se 948 Stonebridge Drive Chambersburg, PA 17202 COPY AOM V " a . ?.. slid oft V a i'-A, Pa i RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-5872 CIVIL TERM HEATHER BARRICK, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Adin Barrick November 23, 2002 Mother 2. A Conciliation Conference was held in this matter on January 27, 2009, with the following individuals in attendance: Father, Richard Barrick, with his counsel Paul Bradford Orr, Esquire and Mother, Heather Barrick, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated June 8, 2007 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody on alternating weekends. Neither party was to relocate out of Cumberland County without prior Order of Court. 4. Father filed a Petition for Contempt alleging that Mother had relocated to Franklin County and that she has withheld the child from Father since September, 2008. Mother admitted to moving to Franklin County, but maintained that Father's home was not suitable for the child to visit overnight. 5. The parties agreed to an Order in the form as attached. k"L?2 (--- Date ?Jacq?line M. Verney, Esquire Custody Conciliator r I, Glenn Schneider, Licensed Realtor, do hereby swear that I inspected the property located at 180 Alters Road, Carlisle, Pennsylvania, on Thursday, January 29, 2009, for Paul Bradford Orr, Esquire, on behalf of his client, Richard Barrick, and report the following: (Please see attached pictures) 1. Kitchen - Very clean; floors clean; properly maintained; well organized; functioning kitchen. 2. Living Room - Very clean; carpet clean; properly maintained, well organized; functioning living room. 3. Bathroom - Very clean; floor clean; tub/shower clean; property maintained; well organized; functioning bathroom. 4. Child Room #1- Room for two young girls; very spacious; very clean; carpet clean; properly maintained; well organized child room. 5. Child Room #2 - Room for teenage girl; very spacious; very clean; carpet clean; properly maintained; well organized room. 6. Child Room #3 - Room for three young boys; very spacious; very clean; carpet clean; properly maintained; well organized room. 7. Heat - Oil hot air furnace and wood stove - working properly - home very warm 8. Outside of Home - Properly maintained; struc ly sound. Schneider, Realtor Petitioner's Exhibit „B le hh, J t M M f t j kf:A e ?t RICHARD BARRICK, IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 2003-5872 CIVIL TERM HEATHER BARRICK, : CIVIL ACTION - LAW Respondent : IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 10th day of February, 2009, Paul Orr, Esquire, Attorney, in the above-captioned action, served a true copy of the Petition for Modification of Custody, executed by the Plaintiff in the above-captioned matter, upon Heather Barrick by hand delivery on February 10, 2009, in the Franklin County Courthouse, Domestic Relations Office at 12:30 pm. Dated: 1 (0 (61 By: Paul Bradford Orr, Esquire w ? C) j-4 cri RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.: 2003-5872 CIVIL TERM HEATHER BARRICK, : CIVIL ACTION - LAW Respondent : IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 10th day of February, 2009, Paul Orr, Esquire, Attorney, in the above-captioned action, served a true copy of the Petition for Contempt of Custody Court order, executed by the Plaintiff in the above-captioned matter, upon Heather Barrick by hand delivery on February 10, 2009, in the Franklin County Courthouse, Domestic Relations Office at 12:30 pm. Dated: 2,(16161 ,yj Paul Bradford Orr, Esquire ;?.:... rrA }G F.? r „f RICHARD BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-5872 CIVIL ACTION LAW HEATHER BARRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, March 16, 2009 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. 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/ ac ueline M. Verne 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 I :1 Wd 8 ! 83.E 60OZ Kam'{4 F i 3. 30 nD !_ .. 4B,13 .. :, Richard Barrick Petitioner Vs. Heather Barrick Respondent 03-11-09 !qo' C 00 C V; ?- Response To Contempt Of Custody Order On January 29, 2009, an Order of Court was issued. Whereby it was ordered that Maternal Grandmother and a representative specifically named Mrs. Heather Orr. Whom was chosen by Mr. Barrick's council Mr. Paul Bradford. Mr. Bradford stated that Mrs. Orr was a representative from his church, that he had no personal ties with. Shall inspect fathers home to determine whether the home is safe for said child to spend overnights. Mr. Bradford contacted Maternal Grandmother (Sandra Ludwig) on January 27,2009 to give her contact information for Mrs. Heather Orr. 1. On January 27,2009 Mr. Paul Bradford informed Maternal Grandmother (Sandra Ludwig) that she would only be allowed to inspect the home upon Mr. Barricks discretion. 2. The first inspection date was agreed on by Mrs. Ludwig and Mrs. Heather Orr for Wednesday January 28, 2009 at 10:00 am. Upon Mrs. Ludwig speaking with Mrs. Orr, she asked Mrs. Orr if she was related to Mr. Paul Bradford Orr. Mrs. Heather Orr at that time revealed that she is in fact related to Mr. Paul Bradford. At that time Mrs. Orr questioned Sandra Ludwig to the relevance to her question. Apparently not understanding completely what Mr. Bradford assigned her to do? On Wednesday January 28, 2009 Mr. Bradford contacted Mrs. Ludwig and advised her that Mrs. Heather Orr was unable to make the inspection, at that time that was the only explanation given by Mr. Bradford. 3. On Thursday January 29, 2009 I (Heather Barrick) contacted Jacqueline M. Verney, Esq. and advised the office of the under handed actions of Mr. Paul Bradford Orr. At that time I was advised that Jacqueline M. Verney Esq. no longer had any control over the situation, until either parties filed more paper work. 4. On Thursday January 29, 2009 apparently Mr. Paul Bradford assigned another one of his colleagues, family, or friends this time without it being agreed upon by both parties. I was never advised of the Mr. Glenn Schneider, Realtor that inspected Mr. Barricks home. Per Mr. Bradford's Exhibit "B". Which is questionable. w ? Due to Mr.Barrick and his council not abiding by the order set forth on January 29,2009. Issued by the Honorable J. Wesley Oler Jr. I Heather Barrick ask the court to 1. Grant another inspection of Mr. Barricks home, this time by CPS. Exhibit "B" that was put forth by Mr. Barricks council did not represent anything other than Mr. Barricks and his council tact in using family members to weigh in his clients favor and interfere with the order set forth. The pictures that were provided were printed in black and white to cover the deplorable condition the home is really in. 2. I ask that Mr. Barrick not be allowed overnight visits until a proper inspection is conducted. 3. I ask that Mr. Barricks wife be advised that she is to stop harassing me, and interjecting herself in this situation. Mr.Barricks wife has called my phone inquiring about picking up my son. Which is Mr. Barricks tact in wanting to truly spend time with his son. Mr. Barrick and his wife have only been married 4months living together for a year. I feel I have the right to know the persons name that will be involved in our sons life. Mr. Barrick has yet to advise me of his wife's full maiden name. 4. Mr. Barrick is a convicted felon, due to his drinking. I ask that Mr. Barrick enter a program that will help him deal with his alcohol abuse. Also that Mr. Barrick enter a program to help him have a bond with the three sons that he to is responsible for. Mr. Barrick does not have a close relationship with his children even when they are living under the same roof. Mr. Barrick is responsible for his own business. When he gets a call he must leave. Where, and with whom does that leave our son? Mr. Barricks sons were lucky to see there Father five hours out of 48 hr. weekend with him. My understanding is that Mr. Barricks 14yr.old step daughter is the care taker of his children when he is not available. That is also a concern, how a 14 yr. old feels about being interjected into a family and she's being made to stay at home with 3 younger children. Our son has returned from visits with his father with bruises. When I ask him what happened, he `s stated that the girls at Daddy's house did it. And that there were no grown ups there, just the 14 yr. old. And apparently she locks herself in her bedroom and lets the children fend for them selves. 5. I am asking that all of which has been presented, be taken into consideration and to let all including statements from Maternal Grandmother on Monday March 30,2009. And the audio of the message from Mr.Barricks wife.At the rescheduled conciliation. If the conciliator is ill equip to conduct and follow threw unbiased. I ask that the case be sent forth to Honorable J. Wesley Oler Jr. where all aspects of this case be dealt with. &4tL, d3 i3- o L r' ? -r - ? -_. s? , ??. , ? ? ?_ = - .: ; , _? ??- ?, ? . rv -, ?,? :.r; -.rs ?c MAR 3 0 2000 RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5872 CIVIL ACTION - LAW HEATHER BARRICK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 3 D ?, day of 04 y L ? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. / , of the Cumberland County Court House, on the day of , 2009, at ; .? o'clock, _A. M., at which time testimony wil be tE {en. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party (or the party) shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated June 8, 2007 and January 29, 2009 shall remain in full force and effect. 3. 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. cc: yPau1 Bradford Orr Esquire, counsel for F ,,'Heather Barrick, pro se 948 Stoney Bridge Drive Chambersburg, PA 17201 20a t £S rn&c LCL I y/l/of BY THE COURT, YWAIASNN3d AMW '7F;R i??f h! ! I s l l wv I- fimz Jam' O O UC)dd ail. ?O RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5872 CIVIL ACTION - LAW HEATHER BARRICK, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Adin Barrick November 23, 2002 Mother 2. A Conciliation Conference was held March 30, 2009 with the following individuals in attendance: The Father, Richard Barrick, with his counsel, Paul Bradford Orr, Esquire, and the Mother, Heather Barrick, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated June 8, 2007 and January 29, 2009 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. The latest Order provided for the parties to inspect Father's home since Mother alleged it was unsuitable for the child to be there. Father originally filed for contempt alleging Mother had withheld the child from Father since September 2008 and had relocated to Franklin County in violation of the earlier Order of Court. Father filed again for contempt alleging Mother violated the January 29, 2009 Order by not sending the maternal grandmother to inspect the home. 4. Father's position on custody is as follows: Father seeks shared legal and partial physical custody and a finding of contempt. Father continues to assert that Mother has withheld the child from Father, and that Mother is alienating the child from him. Father requests Mother have a psychiatric evaluation. Father maintains that his house is appropriate for the child. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of the child. She denies she is in contempt of the prior Orders. She maintains that Father's representative cancelled the home inspection. She asserts that Father is a convicted felon, that he is an alcoholic and that the house is unfit for the child. Mother requests Father undergo a psychiatric evaluation. Mother maintains that Father is not present much of the time that the child would be there on weekends and inappropriately has a 14-year old baby sit the child. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. Date Jac eline M. Verney, Esquire Custody Conciliator i 'J RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2003-5872 CIVIL ACTION - LAW HEATHER BARRICK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 15th day of July, 2009, upon consideration of (a) Plaintiff's Petition for Contempt of Custody Court Order filed December 19, 2008, (b) Plaintiff's Petition for Contempt of Custody Court Order filed February 10, 2009, and (C) Plaintiff's Petition for Modification of Custody filed February 10, 2009, and following a hearing held on this date, the record is declared closed and it is ordered and directed as follows: 1. As to each petition for contempt, Defendant is found to have intentionally, voluntarily, and willfully failed to comply with the terms of the court orders herein and she consequently adjudicated in contempt. The sanction of the Court is that Defendant pay attorney's fees to Plaintiff's counsel in the amount of $1,675 within 45 days of the date of this order and that she undergo imprisonment in the Cumberland County Prison for a period of one month. The condition of purge with respect to the prison sentence is that Defendant hereafter comply in all respects with all custody orders in effect in this case. 2. As to the petition for modification of custody with respect to the parties' child Adin Barrick (d.o.b. November 23, 2002), the matter is taken under advisement. By the Court, C (Yjr Paul Bradford Orr, Esquire For the Plaintiff CCP Heather Barrick, pro se 948 Stoney Bridge Drive Chambersburg, PA 17201 :mlc d ? 'F RICHARD BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER BARRICK, : Defendant NO. 03-5872 CIVIL TERM ORDER OF COURT AND NOW, this 20'h day of July, 2009, upon consideration of Plaintiff's Petition for Modification of Custody filed February 10, 2009, with respect to the parties' child, Adin Barrick (d.o.b. November 23, 2002), and following a hearing held on July 15, 2009, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in Defendant, the mother; 3. Temporary or partial physical custody of the child shall be in Plaintiff, the father, at the following times: a. During the school year, (1) On alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m.; provided, that where the following Monday is a federal holiday Plaintiff's period of temporary or partial custody shall extend to 5:30 p.m. on that Monday; (2) On Thanksgiving Day, from 3:00 p.m. until 8:00 p.m.; (3) During Christmas vacation, from 3:00 p.m. on Christmas Day until 3:00 p.m. on December 31. b. During the summer, for alternating two-week periods, the first such period to begin one week after the end of school. 4. Exchanges of custody shall occur at the Sunoco gas station in Shippensburg. 5. Nothing herein is intended to preclude the parties from varying the custodial terms of this order by mutual consent. BY THE COURT, G J, esley Ole Y, Jr., J. ,,haul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff father Barrick 948 Stonebridge Drive .A Chambersburg, PA 17202 Defendant, pro Se OF THE EROTHaNIOTFRY 2089 JUL 20 FM 3: 30 ill h- . , ? uOjgry PeNNIS'YLVN41A 2010 J~~~ 17 ~~°~°s 2~ 4z U,v~ _,,_.: :.: t. RICHARD BARRICK, :THE COURT OF COMMOI~,~'L~A~ OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No 2003-5872 HEATHER BARRICK, :CIVIL ACTION - AT LAW Defendant :CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONTARY: Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for the Defendant in the above captioned matter, Heather Barrick. By: JE E B. COSTOPOULOS, ESQUI Attorney LD. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ,~ Facsimile No. (717) 591-9065 Dated: ~5' Zd l CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office through first class mail, prepaid, and addressed as follows: Paul B. Orr, Esquire 50 E. High Street Carlisle, PA 17013 By: JEA B. COSTOPOULOS, ES Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant Date: ~G ~~~C~-d ~ 6 ' - ~. JUN ~ 3 2010 RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2003-5872 CIVIL ACTION -LAW t7 0 ..~ a ~,_, HEATHER BARRICK, ~~' ~`:' rr . ~ c° ~=. ~ -n i-ii - Defendant .'' : IN CUSTODY ~ ` ~`-° -~, l.,y -, , c, - r~ C ;. -- ORDER OF COURT ~, ~`> ~"~ ~: -~ .. L, _ ;! -~ ~ AND NOW, this ~,~ day of t~ cZ.~~ e . , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~, of the Cumberland County Court House, on the /k~, day of (~-~^.~.~~ie--cam , 2010, at o'clock, ~. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated July 20, 2009 shall remain in full force and effect with the following modifications. 3. The Father, Richard Barrick and the Mother, Heather Barrick, shall have shared legal custody of Adin Barrick, born November 23, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with r regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Each party shall cooperate with a home study of their residence if paid for by the opposing party. 5. The custody exchange shall take place at Sheetz on Trindle Road in Carlisle. 6. Neither party is permitted to relocate outside of Cumberland County without prior Order of Court or agreement of the parties. 7. 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. BY THE COURT, ,~ ; _ J. ~esley Oler, Jr., L J. cc:~ul Bradford Orr, Esquire, counsel for Father Jeanne Costopoulos, Esquire, counsel for Mother co DES ~~~ ~~24~,~ ~~ r RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2003-5872 CIVIL ACTION -LAW HEATHER BARRICK, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Adin Barrick November 23, 2002 Mother 2. A Conciliation Conference was held June 21, 2010 with the following individuals in attendance: The Father, Richard Barrick, with his counsel, Paul Bradford Orr, Esquire, and the Mother, Heather Barrick, with her counsel, Jeanne Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated July 15, 2009 finding Mother in contempt of court and July 20, 2009 providing for shared legal custody, Mother having primary physical custody during the school year, Father having alternating weekends during the school year and the parties having shared physical custody in the summer on a 2 week on/2 week off schedule. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having alternating weekends. Father asserts that Mother moved to Cumberland County and is living with her parents in a two bedroom home, with her parents and three children and that Mother and three children share a bedroom. Father maintains that his residence is more appropriate for the child. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She admits that she is living with her parents and that the children share a bedroom, but each has their own bed. Mother asserts that the child complains of Father's house in that there are six or seven children living in that house. The child also reports that the living environment is chaotic. Mother continues to be concerned about Father's house being rodent infested and having mold. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo with some modifications agreed to by the parties. It is expected that the Hearing will require one day. Date cq ine M. Verney, Esquire Custody Conciliator d RICHARD BARRICK, Plaintiff vs. HEATHER BARRICK, Defendant AND NOW, this -?Iay of 14 S , 2010, in consideration of Defendant's Motion for Continuance, the hearing scheduled for October 18, 2010, is continued o ? ?'Q10 until the -11W day of , 2010, 1; 3 m. in Courtroom No. 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE C URT: J. esley Oler, Jr(, Distribution: ? Paul Bradford Orr Esq, 50 E. High Street Carlisle, PA 17013 For Plaintiff ./ Jeanne B. Costopoulos, Esq., 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 For Defendant ???ES rn?tl?cl.? THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA]vIA No 2003-5872 6 CIVIL ACTION - AT LAW CUSTODY ORDER ' r r t RICHARD BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER BARRICK, : Defendant NO. 03-5872 CIVIL TERM ORDER OF COURT AND NOW, this 17`h day of December, 2010, upon consideration of Plaintiffs petition for modification of custody filed with respect to the parties' child, Adin Barrick (d.o.b. November 23, 2002), and following a hearing held on December 16, 2010, it is ordered and directed as follows: 1. Except as modified hereafter, the order of court dated July 20, 2009, as supplemented by the order of court dated June 23, 2010, shall remain in full force and effect; 2. Defendant shall not permit the child to be in the presence of William Czap; 3. Defendant shall not relocate the residence of the child without prior permission of the court; and 4. Defendant shall not disparage, in or out of their presence, any of the children in Plaintiff's household. ?ul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff BY THE COURT, C.., 4,1 1 OA4 /Wesley 0409, Jr., J. c o 0 rn FT1 r r-1 M- r- rn t ,. -n ? °r,rt rv ---'I'e-annd Costopoulos, Esq. 130 Gettysburg Pike Suite C Mechanicsburg, PA 17055 Attorney for Defendant C Cr ?*ES M'aLLd o'll -z/ to =Yll RICHARD BARRICK, Plaintiff v HEATHER BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5872 CIVIL TERM IN CUSTODY IN RE: PETITION FOR MODIFICATION ORDER OF COURT AND NOW, this 16th day of December, 2010, upon consideration of Plaintiff's Petition for Modification of Custody with respect to the parties' child, Adin Barrick (date of birth November 23, 2002), and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 For Plaintiff ?eanne B. Costopoulos, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 For Defendant :mae tQS rri?c - C -9 - C N . tJl _ By the Court, Marlin L. Markley, Jr., Esquire 3920 Market Street, Suite 303 Camp Hill, PA 17011 Attorney ID No. 84745 (717) 635-9538 - Telephone (717) 635-9578 - Facsimile q{ FILAR-?Ut??JTAR` ?i Cf • ?? f/1 2012- COIABERLANO CG'jt11`( pENNs`?L?A?1A RICHARD BARRICK, Plaintiff/Petitioner V. HEATHER BARRICK, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - 5872 CIVIL TERM CIVIL ACTION -CUSTODY PETITION FOR CONTEMPT OF ORDER OF CUSTODY gad PETITION TO MODIFY ORDER OF CUSTODY AND NOW, comes the Plaintiff, Richard Barrick, by and through his attorney, Marlin Markley, Jr., files a Petition for Contempt of Order of Custody against Defendant, and in supp thereof, avers the following: 1. Plaintiff is Father, who currently resides at 180 Alters Road, Carlisle, Cumber County, Pennsylvania. 2. Defendant is Mother, who currently resides at 656 Burnthouse Road, Cumberland County, Pennsylvania and/or 14 E. Winding Hill Road, Mechanicsburg, Cu County, Pennsylvania. 3. The parties hereto are the parents of Adin Barrick, who currently resides primer with Mother at 656 Burnthouse Road, Carlisle, Cumberland County, Pennsylvania and/or 14 Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, and partially with Father 180 Alters Road, Carlisle, Cumberland County, Pennsylvania. 4. On December 17, 2010, the Honorable J. Wesley Oler, entered an Order of Custo in the Court of Common Pleas of Cumberland County, Pennsylvania. A copy of said Order Court is marked Exhibit "A", attached hereto and made part hereof. PETITION FOR CONTEMPT OF ORDER OF CUSTODY 5. Paragraphs one (1) through four (4) are incorporated herein by reference. 6. Defendant, Mother, has willfully failed to comply with the following provisions said Order: c n??G 2A 3 ? s? a) Paragraph 2 - Defendant has resided with William Czap and had the child the presence of William Czap. b) Paragraph 3 - Defendant has relocated the residence of the child without prior permission of the court. 7. Plaintiff, Father, has incurred substantial counsel fees and costs as a result Mother's contempt. 8. Defendant, Mother, should be responsible for Father's reasonable counsel fees costs. WHERFORE, Plaintiff respectfully requests that this Honorable Court enter an Order adjudicating Defendant in Contempt of Court and'transferring primary custody to Plaintiff, awarding him counsel fees and costs, and any other form of relief which the Court deems just. PETITION TO MODIFY ORDER OF CUSTODY 9. Paragraphs one (1) through eight (8) are incorporated herein by reference. 10. It is in the best interest of the child to award primary physical custody to Plair because Plaintiff has followed the current and previous custody orders, is better suited to help child improve his grades, and will accommodate the child forming a healthy relationship N Mother. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an awarding him primary physical custody. Respectfully submitted, Date: 7' 2 4"ZV/Z Attorne ID No. 84745 (717) 635-9538 - Telephone (717) 635-9578 - Facsimile Attorney for Plaintiff Marlin L. ey, Jr., Esquire 3920 Mar t Street, Suite 303 Camp 6 , PA 17011 07-20-'12 16:19 FROM-Marlin L Markley RICHARD BARRICK, PlaintiMetitioner V. HEAATHEk BARRICK, Ddendw Rc dcnt 717-635-9573 T-539 ^0004!0004 I?--311 : IN TIRE COURT OF C(?bWN PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - 5872 CIVIL TERM CI'V'IL AC nON - CUSTODY VERt?iCAT?QN I verify that tt staments mark in this Petition axe true and correct. I u mdwxtantl that false state mmo herein are made subject to the penalties of 18 Pa.C.S. §X4944, relating to unsworn f9sificntion to authorities. 17atc• Signature: RichardlMmid RICHARD BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2003-5872 CIVIL ACTION LAW {? HEATHER BARRICK T IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 01, 2012 , upon consideration of the attached Comp it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 05, 2012 at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in d if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a to 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: ls/ ac ueline M. Verney, Esq / Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Am 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 arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch 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 ? ??rU? / . ??? / Telephone (717) 249-3166 Pc9no ? ?a ae/sire h7 I/e??ey,?s? _- ?o?®?%? ?r- ??, /eal D? "L7 Cw'T1 art CD 7 liator, AM ; or ed RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA c-~ ~; v No. 2003 - 5872 CIVIL TERM ~ ~ . HEATHER BARRICK, :CIVIL ACTION -CUSTODY ~~ c~ Defendant ~ ~ '`' ~~ Fn x~ ~i ~, "~ .._ ~ .C" ~7 CUSTODY STIPULATION WHEREAS, the subject of this stipulation for custody is the Plaintiff's and child, Adin Barrick, born November 23, 2002; and WHEREAS, the parties wish to enter into an agreement relative to custody of the child; WHEREAS, it is in the best interest of the child that this Court decide the matter because parties and the child reside in Cumberland County, Pennsylvania, and it is the desire of both and all parties involved that the child continue to share time with both parents, which would the child to continue to reside in Cumberland County, thus giving this Court jurisdiction; 1~ THEREFORE, this f y day of V V s ~ 2012, in consideration of the covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, parties agree as follows: The parties will share joint legal custody of Adin Barrick. The parties agree major decisions concerning their child, including, but not necessarily limited to, the child's h welfare, education, religious training and upbringing shall be made by them jointly, after disci and consultation with each other, with a view toward obtaining and following a harmonious 1 in the child's best interest. Each party agrees not to impair the other party's rights to shared c-; -~ rn r*y -~a~, c`, -~ c~ -n -~, :~°' -.. j. ..' tµ:b ~' "~'r« custody of the child. Each party agrees not to attempt to alienate the affections of the child from t other party. Each parry shall notify the other of any activity or circumstance concerning their ch that could reasonably be expected to be of concern to the other. Day to day decisions shall be t responsibility of the pazent then having physical custody. With regard to any emergency decision which must be made, the parent having physical custody of the child at the time of the emergen shall be permitted to make any immediate decisions necessitated thereby. However, that pare shall inform the other of the emergency and consult with him or her as soon as possible. Each pa, shall be entitled to complete and full information from any doctor, dentist, teacher, professional authority and to have copies of any reports given to either party as a parent. 2. Father, Richard Bamck, shall have primary physical custody of the child. 3. Mother, Heather Barrick, shall have partial physical custody of the child at t following times: a. During the school year, (1) On alternating weekends from Friday at 5:30 p.m. to Sunday at 5:~0 p.m.; provided, that where the following Monday is a federal holiday Mother's period of or partial custody shall extend to 5:30 p.m. on that Monday; (2) On Thanksgiving Day, from 3:00 p.m. unti18:00 p.m.; (3) During Christmas vacation, from 3:00 p.m. on Christmas Day until 3:1 p.m. on December 31. b. During the summer, for alternating two-week periods, the first such period begin one week after the end of school. 4. The custody exchanges shall take place at Sheetz located at the intersection Routes 233 and 11 in Newville. 5. No party shall relocate the child if such relocation will significantly impair ability of anon-relocating parry to exercise his or her custodial rights unless a) every person has custodial rights to the child consents to the proposed relocation or b) the court approves proposed relocation. The parry seeking relocation must follow the procedures required by Pa.C.S. §5337 as set forth in Exhibit A attached to this custody stipulation. 6. Both parents shall refrain from making derogatory comments about the other in the presence of the child and to the extent possible shall prevent third parties from making comments in the presence of the child. 7. This stipulation may only be altered by the mutual consent of mother and father. 8. It is the intention and desire of each of the undersigned parties that this be confirmed as an order of court, without requiring their presence before the court, pursuant Rule 1915.7. Richard Barrick Date Heather Bamck Date EXHIBIT A REQUIREMENTS REGARDING RELOCATION OF RESIDENCE A relocation is a move or change of residence that will significantly impair the ability of the nc relocating party to easily exercise periods of custody. You cannot relocate with the child(re~ without following these procedures. If you aze contemplating such a move, you aze strongly urged to seek the advice of an attorney to make sure that you are following the procedures. You are not permitted to relocate your residence without either: • The consent of every individual who has custody rights to the child(ren) to the proposed relocation OR • The court approves the proposed relocation. NOTICE 1. The party proposing the relocation must notify every other party who has custody rights to the child(ren) of the proposed move by certified mail, return receipt requested. You should complete the attached "Notice of Proposed Relocation to Be Completed by Party Intending To Relocate" and send the notice to all other parties by certified mail, return receipt requested. 2. Notice must be given 60 days before the date of the proposed relocation OR 10 days after the date that the party knows about the relocation only if the individual did not IU and could not have reasonably known about the relocation in time to comply with the days notice or it is not reasonably possible to delay the date of relocation to comply w the 60 day notice. 3. You must include with this mailing the attached "Counter-Affidavit Regarding Relocation". The other parties must complete this form to indicate their position with regard to the proposed move. WHAT DO(ES) THE OTHER PARTY(IESI DO WHEN THEY RECEIVE THE NOTICE AND COUNTER-AFFIDAVIT? 1. If you receive a notice and acounter-affidavit, you must complete the counter-affidavit and file with the Prothonotary's Office this completed counter-affidavit within 30 days from the day you receive the notice and counter-affidavit. If you fail to file this counter- affidavit within the 30 days, you will be foreclosed from objecting to the relocation. 2. If the counter-affidavit is timely filed and the party objects to the proposed relocation objects to the proposed modification of the custody order, a hearing will be held. 3. You must serve the other party with the Counter-Affidavit by certified mail, return receipt requested. 4. If notice of the proposed relocation has been properly given and no objection to the proposed relocation has been filed with the Prothontoary, then it will be presumed that the nonrelocating party has consented to the proposed relocation. 5. If a party who has been given proper notice does not file with the court an objection to the relocation within 30 days after receipt of the notice but later petitions the court for review of the custodial arrangements, the court shall not accept testimony challenging relocation. The party proposing relocation shall file the following with the Prothonotary prior to relo An affidavit stating that the party provided notice to every individual entitled to notice, the time to file an objection to the proposed relocation has passed and no individual entitled to receive notice has filed an objection to the proposed relocation. 2. Proof that proper notice was given in the form of a return receipt with the signature of addressee and a copy of the full notice that was sent to the addressee. 3. A petition to confirm the relocation and modify any existing custody order, and 4. A proposed order containing the information in the notice. WHAT DO I DO IF ACOUNTER-AFFIDAVIT IS FILED WITH THE PROTHONOTARY THAT INDICATES THERE IS NO OBJECTION TO THE PROPOSED RELOCATION AND NO OBJECTION TO THE MODIFICATION OF CUSTODY ORDER CONSISTENT WITH THE PROPOSAL FOR A REVISED CUSTODY SCHEDULE? • The court may modify the existing custody order by approving the proposal for a revised custody schedule submitted with the Notice. You should submit a proposed order with distribution and attach a copy of the notice and the couner-affidavit. WHAT DO I DO IF ACOUNTER-AFFIDAVIT IS FILED WITH THE PROTHONOTARY WHICH INDICATES THAT THE NONRELOCATING PARTY OBJECTS EITHER TO THE PROPOSED RELOCATION OR TO THE MODIFICATION OF THE CUSTODY ORDER? You should file a motion for a hearing with the Prothonotary's Office. The matter will be assigned to a judge for the scheduling of a hearing and disposition. RICHARD BARRICK, Plaintiff v. HEATHER BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - 5872 CIVIL TERM CIVIL ACTION -CUSTODY NOTICE OF PROPOSED RELOCATION TO BE COMPLETED BY PARTY INTENDING TO RELOCATE I, pazent of on intend to and answer the following questions as 1. What is the address of the intended new residence? 2. What is the mailing address of the intended new residence? 3. What are the name(s) and age(s) of all individual(s) who will be living at this new residence? 4. What is the home telephone number of the intended new residence? 5. What is the name of the new school and the new school district? 6. What is the date of the proposed relocation? 7. What are the reasons for the proposed relocation? 8. How do you proposed to change the custody schedule that is currently in effect? 9. Is there any other information that is relevant to the proposed relocation? 10. I have included acounter-affidavit that you can use to object to the proposed relocation. WARNING TO NON-RELOCATING PARTY IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION, YOU MUS FILE THIS COUNTER-AFFIDAVIT WITH THE PROTHONOTARY'S WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE FORECLOSED FROM OBJECTING TO THE RELOCATION. I verify that the statements made in this counter-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 Signature Print Name Address Telephone Number RICHARD BARRICK, Plaintiff v. HEATHER BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i No. 2003 - 5872 CIVIL TERM CIVIL ACTION -CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION The party objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty (30) days of receipt of the Notice of Proposed Relocation. I, file this counter-affidavit regarding the proposed relocation. I received the Notice of Proposed Relocation on 1. What are the names and ages of the child(ren) affected by the proposed relocation? 2. Where do this/these child(ren) currently reside? Check one of the following boxes: ^ I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice ^ I do not object to the relocation, but I do object to modification of the custody order and request that a hearing be scheduled. I request that a hearing be scheduled ^ a. Prior to allowing the child(ren) to relocate. ^ b. After the child(ren) relocate. ^ I do object to the relocation and I do object to the modification of the custody order, and request that a hearing be held on both matters prior to the relocation taking place. I understand that I must fde this counter-affidavit with the Prothonotary's Office and ~ I must mail a copy to the other party by certified mail, return receipt requested. I understand that if I fail to file this counter-affidavit and mail a copy to the other party within thirty (30) days of receipt of the proposed relocation notice, I shall be prevented from objecting to the relocation. I verify that the statements made in this counter-affidavit aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date Signature Print Name Address Telephone Number .,~ _ ~ .-.Y. RICHARD BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• : N0.2003-5872 CIVIL ACTION - LA~3 • HEATHER BARRICK, r~ C Defendant : IN CUSTODY ~ ~ w ~~ .... . >~ ORDER OF COURT ~ ~ ~ i ~ i z w ~ -t 4 - AND NOW, this 20`~ day of August, 2012, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, /mil v acqu ine M. Verney, Esquire, Custod Conciliator