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HomeMy WebLinkAbout08-1589 BRYAN BARRICK Plaintiff, V. LAURA BARRICK Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 08- CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Bryan Barrick, by and through his attorney, Mark F. Bayley, Esquire, and presents the following complaint for custody, representing as follows: 1. The Plaintiff, Bryan Barrick, is an adult individual residing at 247 Pine Grove Road, Gardners, Pennsylvania, 17324. 2. The Defendant, Laura Barrick, is an adult individual; her address is unknown to Plaintiff. 3. Plaintiff seeks custody of the following children: Name Present Residence Age D/O/B Katelyn Louise McClintock 247 Pine Grove Rd., Gardners, PA 10 3-28-1997 Hailie Lee Barrick 247 Pine Grove Rd., Gardners, PA 4 7-7-2003 Ava Lyn Barrick 247 Pine Grove Rd., Gardners, PA 2 1-20-06 4. Katelyn McClintock was born out of wedlock. Hailie and Ava Barrick were born in wedlock. 5. The children are presently in the custody of Bryan Barrick, who is residing at 247 Pine Grove Rd., Gardners, PA. 6. Over the past five years, the children have resided with: Name Relationship Address Dates Bryan Barrick Father 247 Pine Grove Rd. 2/08-Present Gardners, PA 17324 Bryan Barrick Father 247 Pine Grove Rd. 3/97-2/08 Laura Barrick Mother Gardners, PA 17324 7. The mother of the children is Laura Barrick, whose residence is unknown. She is married. 8. The father of the children is Bryan Barrick, residing at 247 Pine Grove Rd., Gardners, PA. He is married. 9. The relationship of the Plaintiff to the children is that of natural father. The children are currently in the custody of the Plaintiff. 10. The relationship of the Defendant to the children is that of natural mother. 11. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or any other Court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interests and permanent welfare of the children require a custody order to be entered as agreed upon by the parties or otherwise deemed to be in the best interests of the children by the Court. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference. Date: 0 Respectfully submitted, BAYLEY & MANGAN U\'?- Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff BRYAN BARRICK : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LAURA BARRICK : NO. 08- CIVIL TERM Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Br Barrick, Plaintiff C7 0 P C-- ao n Co- CD L" T ? " cr c n . G? BRYAN BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1589 CIVIL ACTION LAW LAURA BARRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 13, 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, April 15, 2008`__ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ , 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 fi i ?viiN ?vr? ,? 'S???' _ {r}ry iL1I``? ir,z ) r '' Yi {tl 9 £ :Z d E 1 dvw BUZ "for/- E o -L BRYAN BARRICK, Plaintiff V. LAURA BARRICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1589 CIVIL TERM : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Laura Barrick, in the above captioned case. Respectfully submitted, Aj?- Jelsica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: + A' aY 1 I. BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1589 CIVIL TERM LAURA BARRICK, : IN CUSTODY Defendant : CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Laura Barrick, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 Date: J ss ica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 X-N t? 't of APR 1 6 20091y s BRYAN BARRICK, Plaintiff V. LAURA BARRICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1589 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 11 day of _ , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Bryan Barrick and the Mother, Laura Barrick, shall have shared legal custody of Katelyn Louise McClintock, born March 28, 1997, Hailie Lee Barrick, born July 7, 2003, and Ava Lyn Barrick, born January 20, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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 children. 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. 2. The parents shall have shared physical custody as agreed. 3. Holidays shall be shared as agreed. In the event that the parents are unable to agree to a holiday schedule, the following shall control: A. Memorial Day, July 4th and Labor Day shall be alternated among the parties. 1 ],A q 11 :? 5?4d 1 d la3dV d'(3ll Z If 1 4 B. Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the children on Father's Day. C. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. D. Easter and Thanksgiving shall be shared with one party having physical custody from 9:00 a.m. to 3:00 p.m. and the other party having physical custody from 3:00 p.m. to 9:00 p.m. E. Each party shall be entitled to two non-consecutive weeks in the summer provided they give the other party 60 days prior notice. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ccY' rk F. Bayley, Esquire, Counsel for Father "Jessica Holst, Esquire, MidPenn Legal Services, Counsel for Mother 'Of t*f.S rna c l£cL `Y /IZ /D8 I BRYAN BARRICK, Plaintiff V. LAURA BARRICK, Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1589 CIVIL ACTION - LAW : IN CUSTODY 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Katelyn Louise McClintock March 28, 1997 Hailie Lee Barrick July 7, 2003 Ava Lyn Barrick January 20, 2006 shared shared shared 2. A Conciliation Conference was held in this matter on April 15, 2008, with the following in attendance: The Father, Bryan Barrick, with his counsel, Mark F. Bayley, Esquire, and the Mother, Laura Barrick, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services. 3. The parties agreed to an Order in the form as attached. Date cq ine M. Verney, Esquire Custody Conciliator BRYAN BARRICK, Plaintiff V. LAURA BARRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 08-1589 IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Laura Barrick, Petitioner, to proceed in forma paWeris. c -„ rnco =M 5. , ,. - x;c ` r- ;;t C" - < r r cz- 1, Michael J. Whare, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the patty. Michael J. Whare Esquire Attorney for Petitioner 3 7 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 (717) 243-3561 BRYAN BARRICK IN THE COURT OF COMMON PLEAS OF-' -- PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA? -) V. U x? ' 2008-1589 CIVIL ACTION LAW = LAURA BARRICK IN CUSTODY DI'VENDANT ORDER OF COURT AND NOW, Tuesday, January 31, 2012 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 28, 2012 at 2:30 PM for a Pre-Hearing C'ustody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ John 1, Mran-aan. It., Esq. _4 Custody Conciliator r- 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 L?? ? ?fJ Telephone (717) 249-3166 7tV . Cody ,ma! ,od ? off /nay yc • CoP? ?'a'? y a/?//z 11 BRYAN BARRICK, Plaintiff v LAURA BARRICK, Defendant PRIOR JUDGE: M.L. Ebert AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1589 CIVIL ACTION -LAW IN CUSTODY COURT ORDER t 7 day of March, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's prior Order of April 17, 2008, shall remain in place subject to the following modifications: 1. The parties shall continue to enjoy shared physical custody consistent with the following schedule unless agreed otherwise by the parties: A. Physical custody for Katelyn L. McClintock, born March 28, 1997, shall be handled such that Katelyn may continue to reside with the maternal grandmother and the parents shall have periods of physical custody with Katelyn as agreed by the parties. B. Custody of Hailie L. Barrick, born July 7, 2003, and Ava L. Barrick, born January 20, 2006, shall be handled during the school year with father having custody each weekend from Friday after school until Sunday at 7:00 p.m. Mother shall have custody the other days during the week. When the summer vacation starts, the schedule shall flip with father having custody during the week and mother having custody on weekends. Additionally, each parent shall have at least one full seven day period of vacation time with the children during the summer. r 2. Mother shall handle all transportation for exchange of custody with it being acknowledged that mother may relocate to Duncanon. In the summer, mother shall pick the children up at 1:00 p.m. on Friday to start her periods of custody and have custody until 7:00 p.m. on Sunday evening. 3. The children shall be enrolled in a public school where they are residing unless agreed otherwise by both parties. 4. The parties shall meet again with the Custody Conciliator for a Conference on Thursday, May 3, 2012, at 8:30 a.m. At that Conference and in the event the parties desire a hearing before the Court, the Conciliator may refer this matter to the Court for a hearing. Additionally, in the event circumstances develop between the date of this Order and the date of the Conciliation Conference scheduled above that merit an accelerated Conciliation Conference, counsel for the parties may contact the Conciliator directly to request an accelerated date. BY THE COURT, M. L. Ebert, Judge s ?V r- ! ) rn cc: Michael J. Whare, Esquire 6, Mark F. Bayley, Esquire <c tom, red :)-7lj, 5;f , BRYAN BARRICK, Plaintiff v LAURA BARRICK, Defendant PRIOR JUDGE: M.L. Ebert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1589 CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Katelyn L. McClintock, born March 28,1997, Hailie L. Barrick, born July 7, 2003, and Ava L. Barrick, born January 20, 2006. 2. A Conciliation Conference was held on March 1, 2012, with the following individuals in attendance: The father, Bryan Barrick, with his counsel Mark F. Bayley, Esquire, and the mother, Laura Barrick, with her counsel, Michael J. Whare, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: March -? , 2012 1'?i 4AI 1 Hubert X. G' oy, Esquire Custody C nciliator BRYAN BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2008-1589 CIVIL ACTION -LAW LAURA BARRICK, Defendant IN CUSTODY PRIOR JUDGE: M.L. Ebert COURT ORDER rA AND NOW, this 2 3 day of May, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's Order of April 17, 2008, as modified by Order of March 7, 2012, shall remain in place. 2. Legal counsel for the parties shall conduct a telephone conference with the Custody Conciliator on August 22, 2012 at 8:00 a.m. At that time and in the event the parties desire any modifications to the existing Orders, the Conciliator may submit an appropriate Order to this Court or, as necessary, refer this case to the Court for the scheduling of a hearing. BY THE COURT, M. L. Ebert, Judge rr cc: Michael J. Whare, Esquire < CD ? c--> .L_. Mark F. Bayley, Esquire -c ; CAF; ? s gk&, l ?d S?a qk a BRYAN BARRICK, Plaintiff v LAURA BARRICK, Defendant PRIOR JUDGE: M.L. Ebert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1589 CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I . The parties and their attorneys convened another Custody Conciliation Conference on May 3, 2012 at which time the Conciliator spoke to legal counsel for the parties. Based upon that conference and the agreement of the parties, the Conciliator recommends an Order in the form as attached. Date: May 52012 Hubert X. Gilroy, Custody Conciliat BRYAN BA.RRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2008-1589 CIVIL ACTION -LAW LAURA BA.RRICK, Defendant IN CUSTODY PRIOR JUDGE: M.L. Ebert COURT ORDER S~' AND NOW, this ~~ day of November, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's prior Orders consisting of the April 17, 2008 Order, the March 7, 2012 Order and the May 23, 2012 Order, shall remain in place subject to the following modifications: 1. The weekend schedule shall be such that mother will deliver the children to the father no later than 5:00 p.m. on Friday during the school year and the father shall have the children prepared and ready to go at 7:00 p.m. on Sunday for the mother to pick the children up at 7:00 p.rn. 2. Relative to the two non-consecutive weeks each parent is provided in the summer, those weeks may be exercised with the parent giving at least thirty days prior notice with the notice to be in writing or sent via text message. 3. Starting in 2013, mother shall have July 4`" in odd years and Memorial Day and Labor Day in even years, with father having Memorial Day and Labor Day in odd years and July 4`" in even years. 4. Both parents shall advise the other parent with respect to any type of medical treatment the children receive. Additionally, both parents shall endeavor to insure that each parent has equal access to all school/educational information and activities. 5. The parties shall arrange for the Thanksgiving and Christmas holidays to conduct a schedule such that, generally, each party has about 50% of the overnights during those holidays. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation..Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, M. L. Ebert, Judge r. ~::s -w rn Cz7 N _"~ tT _ ._: cc: / Michael J. Whare Esquire ~r.-_ ~ ~ ~; ti / , Mark F. Bayley Esquire -~ ~~' - ~. , '~; = , '-~ ~> -v ~ , ; e5 lust, ~r~ ~~~~~/~a ~A ~ ; - ' ~4 P N ~G _ ~~ BRYAN BARRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2008-1589 CIVIL ACTION -LAW LAURA BARRICK, Defendant IN CUSTODY PRIOR JUDGE: M.L. Ebert CONCILIATION CONFERENCE SUMMARY REPORT IN .ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Katelyn L. McClintock, born March 28, 1997, Hailie L. Barrick, born July 7, 2003, and Ava L. Barrick, born January 20, 2006. 2. A Conciliation Conference was held on November 16, 2012, with the following individuals in attendance: The father, Bryan Barrick, with his counsel Mark F. Bayley, Esquire, and the mother, Laura Barrick, with her counsel, Michael J. Whare, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: November ~ , 2012 Hubert .Gilroy, Esquire Cust y Conciliator OF T I i E 'R C f1i ' o r i 1, KIITOM & 2013 WR 25 PM 3: 4? UTAKIS CUMBERLAND , , -,°\f l ix Michelle L.Sommer,Esquire PENNSYLVAN Attorney LD.#: 93034 2 West High Street Carlisle,PA 17013 (717)249-0900 BRYAN BARRICK, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1589 CIVIL TERM LAURA BARRICK, n/k/a, CIVIL ACTION -LAW LAURA GILLESPIE IN CUSTODY Defendant/Petitioner PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Petitioner, LAURA. GILLESPIE, by and through her attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions for modification of custody, and in support thereof avers the following: 1. Petitioner is Laura Gillespie, Defendant/Petitioner (hereinafter referred to as "Mother"), who currently resides at 1623 State Road, Duncannon, Perry County, Pennsylvania and is represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis,L.L.P. 2. Respondent is Bryan Barrick, Plaintiff/Respondent (hereinafter referred to as "Father"), who currently resides at 32 Fairfield Street, Newville, Cumberland County, Pennsylvania and is represented by Mark F. Bayley, Esquire, of Bayley & Mangan. j '17t 5� t3 3. On or about February 14, 2012, following an agreement at Conciliation, all previous Court Order were vacated and the Court issued an Order, wherein the parties share Legal Custody of Katelyn L. McClintock, Hailie L. Barrick, and Ava L. Barrick (hereinafter referred to as "Children"). Mother and Father have shared Physical Custody of the Children, as set forth in the Court Order attached hereto and made a part hereof marked "Exhibit A" and as listed below. a. Periods of physical custody of Katelyn L. McClintock shall be agreed by the parties as Katelyn may continue to reside with the maternal grandparents. b. Custody of Hailie L. Barrick and Ava L. Barrick during the school year shall be such that Father will have custody each weekend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. and Mother shall have custody during the week. During the Summer; custody shall flip and Father shall have custody during the week and Mother shall have custody each weekend from Friday at 1:00 p.m. until Sunday at 7:00 p.m. 4. The Order was signed by the Honorable M.L. Ebert,Jr. on March 7, 2012. COUNT I -MODIFICATION FOR t USI( Y 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. This Agreement should be modified because: a. Mother is currently providing all the transportation for custody exchanges between the parties and would like the parties to share this responsibility equally. b. Mother would like the pick-up time for custody exchanges to be switched from 7:00 p.m. to 5:00 p.m. because the children are not getting home early enough to get ready for school, complete homework, and bath and get ready for bed at a reasonable hour. c. Mother would like the custody schedule for Father during the school year to be changed from = weekend to Lama other weekend because Mother would like the opportunity to spend time with the children on weekends when she is not working. d. Mother would like the,summer schedule to be changed because she desires the children's custody schedule remain consistent through the year. 7. Mother is requesting the following custody schedule: a. Father shall have custody every other weekend from Friday after school to Sunday at 5:00 p.m. b. Mother and Father will meet halfway to exchange the children at the Flying j off of 81 on the Carlisle Pike or the receiving party will drive the entire distance to pick the children up. c. Beginning summer 2013 and beyond: i. Father shall have custody every other weekend from Friday after work to Sunday at 5:00 p.m. ii. Father shall also have custody for one full week during the months of June,July, and August. {THEREFORE, the Petitioner requests that this Court modify the existing Custody Order as described above. Respectfully submitted, A om&KUTULAms L.L.P. ()�� �k . DATE Michelle L. Sommer, Esquire Supreme Court ID 93034 2 West High Street Carlisle,Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner/Defendant VERIFICATION I, LAURA GILLESPIE, verify that the statements made in this Petition for Modification of Custody 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 �`(�h '3 LAURA GILLESPI CERTIFICATE OF SER)UCE AND NOW, this 251hday of March 2013, 1, Michelle L. Sommer, Esquire, of Aborn & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Modification of Custody, upon the Plaintiff by depositing, or causing to be deposited, same in the United States Mail, , postage prepaid addressed to the following: Mark F. Bayley,Esquire Bayley&Mangan 17 West South Street Carlisle,PA 17013 Attorney far the RespondentlPlainfiff Respectfully submitted, Abom &KundkAis,L.L.P. Michelle L. Somm.W, Esquire Attorney ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Petitioner/Defendant BRYAN BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAQA 0 - MCD 30 V. 2008-1589 CIVIL ACTION LAW LAURA BARRICK N/K/A LAURA GILLESPIE 2 r IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday,April 03,2013 —, 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 07,2013 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/ -JaLaqueAne M. Verney.EsTp�' 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 bef+ r- ver n&Aj 617 a A�9.'Ieoal 01311'? � BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.2008-1589 CIVIL ACTION-LAW C-) LAURA BARRICK,N/K/A C= LAURA GILLESPIE rn Co Defendant : IN CUSTODY --c r--> CD , o �. ORDER OF COURT } AND NOW,this I Coh\-day of , 2013, upon _. consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: 1. A Hearing is schedtlleed in Court Room No. a , of the Cu berland County Court House, on the day of , 2013, at �a o'clock, t4r.. M., at which time testimony will taken. For purposes of this Hearing, Mother 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 the hearing, the prior Order of Court of the Honorable M. L. Ebert, Jr. dated March 7, 2012 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. BY THE COURT, J. cc Michelle Sommer, Esquire, Counsel for Mother /Mark F. Bayley, Esquire, Counsel for Father (2 0? " � 45 � f�� BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2008-1589 CIVIL ACTION-LAW LAURA BARRICK,N/K/A LAURA GILLESPIE Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Katelyn L. McClintock March 28, 1997 Grandparents Hallie Barrick May 7, 2003 shared Ava L. Barrick January 20, 2006 shared 2. A Conciliation Conference was held in this matter on May 7, 2013, with the following in attendance: The Mother, Laura Gillespie, with her counsel, Michelle Sommer, Esquire, and the Father, Bryan Barrick, with his counsel, Mark F. Bayley, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered an Order of Court dated March 7, 2012 providing for shared legal custody and shared physical custody of the two younger children. During the school year, Mother has custody during the week and Father has custody every weekend. The schedule is reversed in the summer. The parties agree that Katelyn should continue to reside with her grandparents. Mother filed a Petition for Modification. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody, with Father having alternating weekends. Mother would like to have weekends with the children and would like this schedule to continue into the summer for consistency. 5. Father's position on custody is as follows: Father seeks to maintain the status quo. Father asserts that the March 7, 2012 Order of Court was arrived at with Father not objecting to Mother's relocation to Duncannon. 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. � 7 Date acq eline M. Verney, Esquire Custody Conciliator c� r-, r tt, KUTULAKIS 20 13 , Lai —j P11 tt: G,14 Michelle L.Sommer,Esquire Attornev J.D.#: 93034 - CUMBERLAND U UN i ' 26i'estNi.hStreet PENNSYLVANIA Carlisle,PA 17013 (71 7)249-0900 BRYAN BARRICK, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1589 CIVIL TERM LAURA BARRICK, n/k/a, CIVIL ACTION - LAW LAURA GILLESPIE IN CUSTODY Defendant/Petitioner MOTION FOR CONTINUANCE AND NOW comes the within, Laura Barrick, n/k/a Laura Gillespie, Defendant, by and through her counsel, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and avers the following: 1. A Custody Trial is scheduled for June 24, 2013 at 9:00 a.m. before the Honorable M.L. Ebert,Jr. 2. Defendant's counsel asks for a continuance on Defendant's behalf so that she maybe able to prepare for said Hearing. 3. A Conciliation Conference was held on August 22, 2012 before John J. Mangan,Jr., Esquire, Conciliator and an Order of Court for Custody was issued on November 21, 2012. a. All previous provisions of the Order of Court regarding custody will remain as is until the date of the rescheduled Hearing. 4. Defendant's counsel has contacted Plaintiff's counsel, Mark F. Bayley, Esquire, regarding this request for a continuance and he concurs with the filing of this Motion for Continuance. WHEREFORE, Defendant's counsel requests this Honorable Court to make an Order approving the continuance of the Custody Hearing that is currently scheduled for June 24, 2013 at 9:00 a.m. .ABOM & KUTULAKIS,L.L.P. Date t'J r�� � ,d ��� .►f"rf�� ✓ Michelle L. Sommer, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Supreme Court ID No. 93034 s CERTIFICATE, OF SERVICE AND NOW, this 3td day of June, 2013, I, Michelle L. Sommer, Esquire, of ABOM& KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Motion for Continuance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid and sent by facsimile addressed to the following: Mark F. Bayley, Esquire Bayley&Mangan 17 West South Street Carlisle,PA 17013 .Attorney for the Plaintf Respectfully submitted, ABOM&KUTULAKIS,L.L.P. Michelle L. Sommer, Esquire " 2 West High Street Carlisle,PA" 17013 (717) 249-0900 Supreme Court ID No. 93034 Attorney for Defendant 01 BRYAN BARRICK, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2008-1589 CIVIL TERM LAUIZ_?BARRICK, .-.//k/--, .CIVIL ACTION - LAW LAURA GILLESPIE IN CUSTODY Defendant/Petitioner ORDER OF COURT AND, NOW this day of , 2013, the Custody Hearing scheduled for June 24, 2013 at 9:00 a.m.is hereby continued until , 2013 at � �Am. By the Court, M.L. Ebert,Jr.,Judge ✓ IXSTRIBUTION: ,- /Mark F. Bayley,Esquire,For the Plaintiff Bayley&Mangan 17 West South Street Carlisle,PA 17013 �helle L. Sommer,Esquire,For the Defendant Abom&Kutulakis,Z LP a t 2 West High Street Carlisle, PA 17013 t-' Qn C,C-D Llt. )1.3 .3 Fi Mark F.Bayley,Esquire M BAYLEY&MANGAN c7- 17 West South Street ' Carlisle,PA 17013 o � $-- 717 241-2446 ( ) C-) �> , > - rl� BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LAURA BARRICK(N.K.A. LAURA : NO. CIVIL TERM GILLESPIE), : IN CUSTODY Defendant PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW comes Bryan Barrick,by and through his attorney, Mark F. Bayley, and in support of the within petition avers as follows: 1. The Honorable M. L. Ebert, Jr. is involved with the above captioned matter. 2. The Petitioner is Bryan Barrick, (hereafter"Father")who currently resides at 32 Fairfield Street,Newville. 3. The Respondent is Laura Barrick who is now known as Laura Gillespie(hereafter "Mother") who currently resides at 1623 State Road, Duncannon. 4. On February 14, 2013 the Honorable M. L. Ebert, Jr., issued an order in relation to the above captioned matter involving the following minor children: Hailie L. Barrick born July 7, 2003 Ava L. Barrick born January 20, 2006 f�3,Da dL (Said order is attached as "Exhibit A"). 5. Paragraph 4.13. states as follows: Custody of[Hailie and Ava] shall be handled during the school year with Father .having custody each weekend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. when Father shall have the children ready for Mother to pick up. Mother shall have custody the other days during the week. When summer vacation starts, the schedule shall flip with Father having custody during the week and Mother having custody on weekends. Mother's weekends shall be from 1:00 p.m. on Friday until 7:00 p.m. on Sunday. 6. Paragraph 6 states: Mother shall be responsible for all transportation for exchange of custody with it being acknowledged that she relocated to Duncannon. . . . 7. Paragraph 7 states in part: ...[B]oth parents shall endeavor to insure that each parent has equal access to all school/educational information and activities. 8. Paragraph 9 states: Neither party shall do nor permit a third party to do, or say anything that would estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 9. On March 25, 2013 Mother filed a petition for modification of the February 14, 2013 order requesting, among other things,that Father's custodial periods be drastically reduced to every other weekend all year round and that Father share in transportation; Mother makes these requests despite the fact that Father had agreed on March 1, 2012 to Mother relocating to Duncannon with the kids attending school in Perry County contingent upon Mother's promise to maintain the current custodial arrangement and provide all transportation. 10. On February 14, 2013 an order was entered scheduling a trial to address Mother's pending petition for June 24, 2013 (attached as "Exhibit B"); Paragraph 2 of this order erroneously refers to the March 7, 2012 order as being controlling in the meantime; that order was vacated by the most recent controlling order of February 14, 2013. 11. Despite Mother's current aggressions in litigation, on May 21, 2013 she made the request through counsel for Father to agree to surrender his custodial period from the commencement of the summer school recess into Mother's first summer custodial weekend starting on Friday at 1:00 p.m. (See May 21, 2013 email exchange attached as "Exhibit C"). 12. On the same day Father declined the proposal. (See May 21, 2013 email exchange attached as"Exhibit C"). 13. Beginning on May 21,2013 Mother held out that the summer school recess commenced on June 6, 2013. 14. On June 6, 2013 Mother forwarded a text message to Father that the children were at school that day. 15. Father became suspicious and-contacted school staff who indicated that school had let out the day before on June 5, 2013 and that absolutely no school activities relating to students were being held on June 6. 16. Father then contacted undersigned counsel who faxed notice to Mother's counsel of his intent to file a contempt petition; however undersigned counsel did not realize at that time that Mother had lied and that school let out the day before; these facts were therefore not conveyed to Mother's counsel. 17. Subsequently in the afternoon of June 6, 2013 Mother returned the children to Father's residence. 18. When the children arrived they indicated to Father that school let out earlier that same day(June 6, 2013). 19. When Father confronted the children with his knowledge that school let out on June 5, 2013, the children admitted that Mother put them up to lying. 20. Mother's act of conscripting the 7 and 9 year old children to lie and conspire to unlawfully avoid Father's ordered custodial period demonstrates her lack of credibility and: A. Provided a horrendous parental example to the children with regard to integrity and following the rules and law in general. B. Violated paragraph 4.B. of the February 14, 2013 order by failing to provide the children to Father for his custodial period. C. Violated paragraph 6 by failing to transport the children to Father at commencement of the summer school recess on June 5, 2013. D. Violated paragraph 7 by failing to keep Father informed of school information. E. Violated paragraph 9 in that such actions were clearly intended to estrange the children from Father, injure the opinion of the children as to Father, and hamper the children's respect for Father. F. Demonstrates Mother's refusal to facilitate Father's relationship with the children under the current custodial arrangement let alone an arrangement that drastically reduces Father's custodial periods such as the one Mother now requests.- 21. Mother has violated orders regarding this matter on a continuing basis. 22. Mother has no respect for the Court's directives nor any interests other than her own. 23. A finding of willful contempt is now appropriate. WHEREFORE;Petitioner requests that Respondent be held in contempt of Court and that the Court award to Petitioner attorney and filing fees relating to the within petition along with all other relief deemed appropriate including modification of the current custodial arrangement. Respectfully submitted, BAYLEY & MANGAN V l Date.. Mark F. Bayley, EsLfuire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LAURA BARRICK(N.K.A. LAURA : NO. Q4TAff CIVIL TERM GILLESPIE), : IN CUSTODY Defendant VERIFICATION I verify that the statements made in the foregoing document are true and correct.: I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date Bry arrick BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO: 2008-1589 CIVIL ACTION- LAW LAURA BARRICK, Defendant : IN CUSTODY ORDER OF COURT AND NOW,this `art day of , 2013,upon consideration of the attached Custody Conciliation Report,it is ordered and directed as follows: 1. Father's Petition for Contempt is hereby withdrawn. Father shall have a makeup day from 7:00 p.m. on February 17, 2013 to 7:00 p.m. on February 18, 2013. 2. The prior Orders of Court dated April 17, 2008. March 7, 2012, May 23, 2012 and November 21, 2012 are hereby vacated. 3. The Father, Bryan Barrick and the Mother,Laura Barrick; shall have shared legal custody of Katelyn Louise McClintock, born March 28, 1997, Hailie Lee. Barrick,born July 7, 2003, and Ava Lyn Barrick, born January 20,2006. Each parent shall have an equal right, to be exercised jointly with the other parent,to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental,religious or school records,the residence address of the children and 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 children. 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. 4. The parents shall have shared physical custody of the children as follows: EXHIBIT " A. Physical custody of Katelyn L. McClintock shall be handled such that Katelyn may continue to reside with the maternal grandmother and the parents shall have periods of physical custody with Katelyn as agreed by the parties. B. Custody of Hailie L. Barrick and Ava L. Barrick shall be handled during the school year with Father having custody each weekend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. when Father shall have the children ready for Mother to pick up. Mother shall have custody the other days during the week._When summer vacation starts, the schedule shall flip with Father having custody during the week and Mother having custody on weekends. Mother's weekends shall be from 1:00 p.m. on Friday until 7:00 p.m. on Sunday. 5. Holidays shall take precedence over the regular schedule as follows: A. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 7:00 p.m. Father shall have physical custody of the children for Father's Day from 9:00 a.m. to 7:00 p.m. B. Easter shall be shared such that Father shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. C. Each party shall be entitled to two non-consecutive weeks in the summer provided they give the other party at least 30-days prior notice. Said notice shall be in writing or via text message. D. Starting in 2013, Mother shall have July 41.h in odd years and Memorial Day and Labor Day in even numbered years, with Father having Memorial Day and Labor Day in odd numbered years and July 4th in even numbered years. E. Thanksgiving shall be shared such that Mother shall always have physical custody from after school'on Wednesday to Thursday at 3:00 p.m. and from Sunday at 7:00 p.m. until Monday at 7:00 p.m. Father shall always have physical custody from Thursday at 3:00 p.m. until Sunday at 7:00 p.m. F. Christmas vacation shall be defined as after school on December 23 to 7:00 p.m. on January 1. Christmas shall be shared such that Mother shall have physical custody of the children from 12:00 noon on December 25 until December 30 at 7:00 p.m. Father shall all other overnights during the Christmas holiday as defined herein. 6. Mother shall be responsible for all transportation for exchange of custody with it being acknowledged that she relocated to Duncannon. Mother shall remain in her car at the curb during custody exchanges. 7. Both parents shall advise the other parent with respect to any type of medical treatment the children receive. Additionally, both parents shall endeavor to insure that each parent has equal access to all school/educational information and activities. 8. The children shall be enrolled in a public school where they are residing unless agreed otherwise by both parties. 9. Neither party shall do nor permit a third party to do, or say anything that would estrange the Children from the ocher parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 10. RELOCATION:No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who.has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent,the terms of this Order shall control. BY THE COURT, M. L. Ebert, Jr., J. cc: Mark F. Bayley, Esquire, Counsel for Father '. Michael J. Whare, Esquire, Counsel for Mother �F r`� U)r� CD -< .i_ D--Vi T E COPY FROM RECORD RUE In Testir.-> nv whereof, I here unto set my hand and the seat oT said Co rt Pt Carlisle, Pa. This �y day of 20 Prothono r BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.2008-1589 CIVIL ACTION- LAW c� • � N r: LAURA BARRICK,N/K/A �� w Y LAURA GILLESPIE : rn CZ Defendant _ : Iht CUSTODY 70 -< -� -< CO C r—.:- •C ORDER OF COURT ��, CD -,r C) CD , .; AND NOW, this_ V day of , 2013, upon consideration of the attached Custody Conciliate n Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cu berland County Court House, on the day of , 2013, at C1,tV o'clock, A . M., at which time testimony will A taken. For purposes of this Hearing, Mother 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 the hearing, the prior Order of Court of the Honorable M. L. Ebert,Jr. dated March 7, 2012 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. BY THE COURT, J. cc: Michelle Sommer, Esquire, Counsel for Mother Mark F. Bayley, Esquire, Counsel for Father TPUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the s I oT•°said Co at cap lisie, Pa This.��lY of ' 20 ® EXHIBIT Protho tar a e BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.2008-1589 CIVIL ACTION- LAW LAURA BARRICK,N/K/A LAURA GILLESPIE Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Katelyn L. McClintock March 28, 1997 Grandparents Hallie Barrick May 7, 2003 shared Ava L. Barrick January 20, 2006 shared 2. A Conciliation Conference was held in this matter on May 7,2013, with the following in attendance: The Mother, Laura Gillespie, with her counsel, Michelle Sommer, Esquire, and the Father, Bryan Barrick, with his counsel, Mark F. Bayley, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered an Order of Court dated March 7, 2012 providing for shared legal custody and shared physical custody of the two younger children. During the school year, Mother has custody during the week and Father has custody every weekend. The schedule is reversed in the summer. The parties agree that Katelyn should continue to reside with her grandparents. Mother filed a Petition for Modification. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody, with Father having alternating weekends. Mother would like to have weekends with the children and would like this schedule to continue into the summer for consistency. r 5. Father's position on custody is as follows: Father seeks to maintain the status quo. Father asserts that the March 7, 2012 Order of Court was arrived at with Father not objecting to Mother's relocation to Duncannon. 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. S 7 Date acq eline M. Verney, Esquire Custody Conciliator L Mark Bayley From: "Mark Bayley"<markbayley @bayleymangan.com> To: "Michelle Sommer"<mis @abomkutulakis.com> Sent: Tuesday, May 21,2013 1:04 PM Subject: Re: Gillespie v. Barrick I am sorry Michelle,but Laura has done nothing lately to justify a deviation from the order for her own convenience.' To mention a couple of things, she has not followed through on last year's agreement and her word to leave the current situation in place in exchange for Bryan not opposing her move to Duncannon. She has additionally not followed through on her agreement to reimburse Bryan for his recent travel expenses. Mark F. Bayley,Esquire BAYLEY&MANGAN 17 West South Street Carlisle,'PA 17013 (717)241-2446 —Original Message----- From: Michelle Sommer To: Mark Bayley Cc: laura gillespie Sent:Tuesday, May 21,2013 11:54 AM Subject: Gillespie v. Barrick Mark: I wanted to touch base with you regarding the summer schedule and when it should switch for Bryan. School lets out on Thursday,June 6th. Mother would like to just continue and roll that right into her weekend and then Father can get the.children on Sunday night,June 9th and begin his weekly schedule through the 14th when Mother would begin her every other weekend. Would.that work? Let me know. PS: Any chance we cin reach any type of compromise or is this really going to a full,blown custody trial? Michelle Michelle L. Sommer, Esquire Abom & Kutulakis, L.L.P. 2 West High Street Carlisle,Pennsylvania 17013 (717) 249-0900- Office (717) 249-3344-Fax . **IMPORTANT NOTICE** The information contained in this email transmission is privileged and confidential and subject to the attorney/client privilege,and is otherwise protected from disclosure under applicable law. This transmission is intended only for the use of the individual or entity to which it is herein addressed. If the reader of this transmission is not the intended recipient,you are hereby notified that any dissemination,distribution,copying or use of this transmission or any information contained herein is strictly prohibited. If you have received this transmission in error,please call(717) 249-0900 and return the transmission to us via email,fax (717),249-3344,or U.S. First Class mail. We will promptly reimburse you for any costs you incur. EXHIBIT 6/7/2013 !n in nuaul1. nt:rvr b N 1 06/06/2013 11:19 Serial N0. ADR6011002554 TC: 247816 Destination Start Time ITiMe I Prints I ReSUltj Note 2493344 1g06-06 11:189g 00:00:19 001/001 OR Ig Note BBND: Double-SidedaBindingaDirectioon,Original: SpecialSorilinial,Forward: FPcodPeC RTX: Re-Tx. RLY: Relay MBx: confidential. BUL: Bulletin, SIP: SIP Fax, IPRDR. IP address Fax. I-Fax: Internet Fax Result OK: Communication OK, S-OK: Stop Communication, Pw-OFF: Power Switch OFF, TEL: RX from TEL, NG: Other Error, Cont: Continue, No Ans: No Answer, Refuse: Receipt Refused, BUSY: BUSY, M-Fu11:MemorY Full, LOVR:Receivin9 length Over, POVR:Receiving page Over, FIL:File Error, DC:Decode Error, MDN:MDN Response Error, DSN:DSN Response Error. Bayley 8z; M exrl gazz AT'T'ORNEYS AT LAW 17 West South Street Carlislo,Pa 17013 Mark F.Aayley,1?squiro Tolo�hoae:(7173 241-2446 Jolin J.Mangaa•III,13aquirc 'Fax: (717 241-245G - 73riaa O_Willi—,Esquire ' Connio J.Gibaoa_Seorerary June 6,2013 Michelle Sommer, Esquire r. 2 West Higb Street Carlisle,PA 17013 T�ia First CZass Mail&_Fax 77 7.249:3344 RE: Bryan Barrich and Lauur-a GiIIespie - Dear Michelle: - Bryan has reasoa_to believe that Laura tends to violate the Court Order today by retai»i.ng the children after school and into Pier weekend custodial period. 'The Within letter is the second aotice tbat Mr. Barrick is not agreeable to her doing so. -rho same notice was provided to you via email on May 21, 2013. I£Laura wishes to elect herself as judge and ignore the Court's directives she may rest assured that I Will Have a petitiom to have her fouad in contempt tiled next week and will seek attorney fees related to m.y efforts_' _ Sincerely, ark F. W ayley, Esquire cc: Bryan Warrick CJG/ BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW 0g-15g9 LAURA BARRICK(N.K.A. LAURA : NO. Q40 CIVIL TERM GILLESPIE), : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Michelle L. Sommer, Esq. 2 West High Street Carlisle,PA 17013 l O ` Mark F. q Bayley, Es e BRYAN BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA -_; V. 20084589 CIVIL ACTION LAW m _��`• .. . .= marts LAURA BARRICK N/K/A LAURA GILLESPIEy w c� IN CUSTODY DEFENDANT Ct ?s( ) 1 :z - ORDER OF COURT AND NOW, Wednesday,June 12,2013 , 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,July 17,2013 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/ 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 6//y/.3 32 South Bedford Street „ / ~� r %!' Carlisle, Pennsylvania 17013 o _I Telephone (717)249-3166 J L.S-mAK. _ Ctiv rv-&-e-8-4 / u"ALtLiA 9L BRYAN BARRICK, :IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-1589 CIVIL TERM LAURA BARRICK n/k/a LAURA GILLESPIE CIVIL ACTION LAW-CUSTODY Defendant/Petitioner PRAECIPE TO WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Defendant Laura Barrick. `` Respectfully Sub itted, Date: IZ-. Michelle L. S mer, Esquire Attorney for Defendant Supreme Court I.D.#93034 Abom & Kutulakis 2 West High Street Carlisle, PA 17013 PRAECIPE ENTRY OF APPEARANCE ZM `: C o r— TO THE PROTHONOTARY: �= C") C) ° Please enter'my appearance on behalf of the Defendant Laura Barrick. :> ca c--? N) Respectfully submitted, Date: 7 j ZC�r,j <ROMINGER& ASSOCIATES Kar . Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant Z BRIAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2008-1589 CIVIL ACTION - LW,, : _.. 3 � LAURA BARRICK, N/K/A rrn LAURA GILLESPIE, : IN CUSTODY '' "t'r Defendant N ORDER OF COURT K-y 1• AND NOW,this o2( day of , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: . retrial conference with the assigned Judge is hereby scheduled in the above case on the , 2013 at m. in courtroom number o land County Courthouse. The parties are directed to proceed with filing a pretrial statement wi urt and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. A Hearing is scheduled in Court Room No. 2, of the Cumberland County Court House, on the 6th day of September, 2013, at 9:30 o'clock,A. M., at which time testimony will be taken. For purposes of this Hearing, Mother shall be deemed to be the moving party on her Petition to Modify and shall proceed initially with testimony. Father shall be deemed the moving party on his Petition for Contempt and proceed initially with testimony on that issue. 3. Pending the hearing, the prior Order of Court of the Honorable M. L. Ebert, Jr. dated February 14, 2013 shall remain in full force and effect with the following modification: 4. Mother shall provide copies of the children's medical insurance cards to Father within one week of the date of this Order. In the future, when new medical insurance cards are received, Mother shall provide copies thereof to Father within one week of receipt. 5. 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, ;Karl ark F. Bayley, Esquire, Counsel for Father Rominger, Esquire, Counsel for Mother • �-c fit-s4 LL BRIAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1589 CIVIL ACTION - LAW LAURA BARRICK,N/K/A LAURA GILLESPIE, : IN CUSTODY Defendant PRIOR JUDGE: M. L. Ebert. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hailie L. Barrick July 7, 2003 Mother primary during school\ Father primary during summer Ava L. Barrick January 20, 2006 same as above 2. A Conciliation Conference was held in this matter on August 7, 2013, with the following in attendance: The Father, Brian Barrick, with his counsel, Mark F. Bayley, Esquire, and the Mother, Laura Gillespie, with her counsel, Karl Rominger, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered an Order of Court dated February 14, 2013 providing for shared legal custody, Mother having primary physical custody during the school year with Father having periods of partial physical custody every weekend; and in the summer, Father having primary physical custody with Mother having partial physical custody every weekend. 4. Mother filed a Petition for Modification which is currently scheduled for September 6, 2013 at 9:30 a.m. Father filed a Petition for Contempt, which would be consolidated with the current matter and heard at the September 6, 2013 hearing. 5. Father's position on custody is as follows: Father seeks a finding of contempt and reimbursement of filing fees and legal fees and such other remedy as the court determines. 6. Mother's position on custody is as follows: Mother denies the allegations of contempt. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and maintaining the status quo, with a provision that Mother is to provide copies of the children's medical insurance cards to Father. The Hearing should be consolidated with the currently scheduled hearing. 8 - 7- 13 1�L V Date acq line M. Verney, Esquire Custody Conciliator BRYAN BARRICK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA BARRICK, N/K/A LAURA GILLESPIE, DEFENDANT NO. 08-1589 CIVIL ORDER OF COURT AND NOW, this 6tn day of September, 2013, upon consideration of Bryan Barrick's Petition for Civil Contempt for Disobedience of Custody Order and after hearing in the matter, the Court does find beyond a reasonable doubt that the Defendant did violate the existing Order of Court; ACCORDINGLY, SHE IS ADJUDICATED IN CONTEMPT. As a sanction for this contempt, the Defendant shall pay Bryan Barrick's attorney and filing fees in the amount of$743.00. By the Court, M. L. Ebert, Jr., J. r/ Mark F. Bayley, Esquire Attorney for Plaintiff Karl Rominger, Esquire Attorney for Defendant bas M CAI ; 1 1 r CD BRYAN BARRICK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. C-) : (= C= LAURA BARRICK, N/K/A LAURA GILLESPIE, o M--,r DEFENDANT NO. 08-1589 CIVIL ; IN RE: CUSTODY -x ORDER OF COURT -< c AND NOW, this 6th day of September, 2013, upon consideration of Laura Gillespie's Petition for Modification of Custody, the memorandum filed by the parties' and after hearing; IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: The Father, Bryan Barrick and the Mother, Laura Barrick Gillespie, shall have shared legal custody of Katelyn Louise McClintock, born March 28, 1997, Hailie Lee Barrick, born July 7, 2003, and.Ava Lyn Barrick, born January 20, 2006. Each parent shall have an equal right to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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 children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to t hem 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. 2. Physical Custody: A. Mother shall have primary physical custody of the two minor children during the school year. The children shall be enrolled in the Susquenita School District. Except for the second weekend of each month, Father shall have partial physical custody of the children each weekend from Friday at 5:00 p.m. until Sunday at 6:00 p.m., unless other arrangements have been made by the parties and approved in advance. Mother shall have custody of the children on the second weekend of each month during the school year. B. Summer School Recess: Father shall have primary physical custody during the summer school recess. Father shall begin his first week of physical custody at 6:00 p.m. on the first Sunday following the conclusion of the school year. Except for the second weekend of each month, Mother shall have partial physical custody of the children each weekend from Friday at 5:00 p.m. until Sunday at 6:00 p.m. beginning June 13, 2014. Additionally, Mother will be allowed a period of seven consecutive days of summer vacation with the children to begin on one of her weekends. Mother shall s , provide the dates of the summer vacation to the Father on or before the third Friday of May each year. Mother shall resume her period of primary physical custody for the school year on the Sunday immediately before the first day of school at 6:00 p.m. Father shall have custody of the children on the second weekend of each month during the summer school recess. 3. Holidays and Summer Vacation shall take precedence over the regular scheduled as follows: A. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. until 7:00 p.m. Father shall have physical custody of the children from Father's Day from 9:00 a.m. until 7:00 p.m. B. Easter shall be shared such that Father shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. C. Starting in 2013, Mother shall have July 4th in odd years and Memorial Day and Labor Day in even numbered years, with Father having Memorial Day and Labor Day in odd numbered years and July 4th in even numbered years. D. Thanksgiving shall be shared such that Mother shall always have physical custody from after school on Wednesday, to Thursday at 3:00 p.m. and from Sunday at 7:00 p.m. until Monday at 7:00 p.m. Father shall always have physical custody from Thursday at 3:00 p.m. until Sunday at 7:00 p.m. E. Christmas vacation shall be defined as after school on December 23 to 7:00 p.m. on January 1. Christmas shall be shared such that Mother shall have physical custody of the children from 12:00 noon on December 25 until December 30 at a 7:00 p.m. Father shall have all other overnights during the Christmas holiday as defined herein. 4. Exchange Times: The times of exchange stated in this Order shall be strictly adhered to. No party shall take upon itself the right to extend any custodial time without the express prior permission of the non-custodial party. 5. Transportation: Mother shall be responsible for all transportation for exchange of custody. Exchanges shall take place at Father's home. Mother shall remain in her car at the curb during custody exchanges. 6. Medical Treatment: Both parents shall advise the other parent with respect to any type of medical treatment the children receive. Additionally, both parent shall endeavor to insure that each parent has equal access to all school/educational information and activities. 7. Alienation: No party, nor members of any party's family, shall do anything which may estrange the children from the other party or that party's family, injure the opinion of the children as to the other party or that party's family, or which may hamper the free and natural development of the children's love and affection from the other party or that party's family. 8. Communication: The children shall be provided liberal access to telephone communications with the non-custodial party at all reasonable times. Mother and Father shall utilize computer internet email to communicate with one another regarding custody matters. Neither party shall use their current spouse as an intermediary when communicating about custody matters. 9. Future Relocation: No party shall relocate the children if such relocation will significantly impair the ability of the non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the children consents to the proposed relocation or (b) the Court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. By the Court, M. L. Ebert, Jr., J. Mark F. Bayley, Esquire Attorney for Plaintiff _.,,-<aarl Rominger, Esquire Attorney for Defendant bas e� m L, g 9/13 BRYAN BARRICK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA : c`} V. =M rn LAURA BARRICK, N/K/A LAURA =� -0 Mr CD GILLESPIE, -< ' C' DEFENDANT NO. 08-1589 CIVIL CD IN RE: CUSTODY ORDER OF COURT AND NOW, this 6t" day of September, 2013, after hearing in the matter, pursuant to 23 Pa.C.S.A. §5323(d) the Court states the following reasons in support of the Custody Order issued in this case: 1. Both parents will encourage and permit frequent and continuing contact between the children and the other party. 2. Neither party has abused the children or poses any risk of harm to the children. 3. Both parties are very capable of performing parental duties on behalf of the children. 4. The current order will now allow Mother to plan family outings at least one weekend per month. The same will apply to the Father during the summer school recess. 5. Both parties are very capable of maintaining a loving, stable, consistent and nurturing relationship with the children adequate for the children's emotional needs. 6. Given Mother's very flexible work schedule, and her prior agreement to provide transportation in exchange for allowing the relocation to Duncannon, Mother will continue to provide all transportation. 7. At the present time, the parties live approximately 40 miles apart. Father has agreed that the children should continue their education in the Susquenita School District. However, the distance between the homes is such that 50/50 custody is not feasible. 8. The level of conflict between these parties is moderate. The Court's requirement that the parties now communicate with each other by means of computer internet email and that they avoid using their spouses as intermediaries in custody matters should improve communications between the parties. 9. All in all, the Court finds that there has been little substantial change between the parties since the last Order that would justify major modification of the Order. By the Court, N\��t �-4 \// M. L. Ebert, Jr., J. ,,,4ark F. Bayley, Esquire 0 /Attorney for Plaintiff .. Karl Rominger, Esquire Attorney for Defendant bas COP F1LFD 1i�>' OF THE PROTf ONO iAi 20141111Y Y 2 3 All 9: 13 CUMBERLAND COUNTY PENNSYLVANIA BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. LAURA GILLESPIE, Defendant : Civil Action- Law : No. 2008-1589 Civil • : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Laura Gillespie, by and through her counsel, Michael J. Whare, Esquire and avers as follows: 1. The Petitioner, Laura Gillespie, hereinafter referred to as "mother", is an adult individual residing at 1623 State Road, Duncannon, Pennsylvania 17020. 2. The Respondent, Bryan Barrick, hereinafter referred to as "father", is an adult individual residing at 32 Fairfield Street, Newville, Pennsylvania 17241. x#83.00 ipd 171 ,e# 3°6a7G 3. The parties are the parents of Katelyn L. McClintock, born March 28, 1997, Hailie L. Barrick, born July 7, 2003 and Ava L. Barrick, born January 20, 2006, hereinafter referred to as "children". 4. On September 6, 2013, the Honorable M.L. Ebert, Jr., issued a custody order concerning the children. (Attached as Exhibit "A") 5. In pertinent part, paragraph 5 provides that mother shall provide all transportation. Mother originally agreed to provide all transportation for the custody exchanges in exchange for father allowing mother to move to Duncannon with the children. 6. Since the entry of said Order, there has been a significant change in circumstances in that: a. Mother only has one vehicle. Mother's husband works Monday through Friday and needs the vehicle to get to and from work. b. Mother has asked father to help with the transportation on Fridays and father has refused. Father has told mother to send the children via cab to his residence. Mother does believe that sending the children via cab is appropriate nor is it economically feasible for mother. c. Mother cannot transport the children to father's residence on Friday evenings as the order directs due to the lack of a vehicle and father is threatening mother with a contempt petition. 7. Mother is respectfully requesting that the order be modified to provide that father shall provide the transportation on Fridays and Mother shall provide the transportation on Sundays. 8. The best interests and permanent welfare of the children would be served by the Court modifying the Order as requested by the Petitioner. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant her petition to modify custody. Date: a /-"/"( Respectfully submitted, Michael J. Whare,(Esquire 37 East Pomfret Street Carlisle, PA 17013 717-243-3561 Supreme Ct. Id No. 89028 Attorney for Petitioner BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. LAURA GILLESPIE, Defendant : Civil Action- Law : No. 2008-1589 Civil : IN CUSTODY VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 5°71 -1 aura Gillespie, Petitioner BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA BARRICK, N/K/A LAURA GILLESPIE, DEFENDANT : NO. 08-1589 CIVIL C") C=0 - z w --t rn CO zx rri - cnr— 1 • `v vZo `-� C IN RE: CUSTODY . • -"' or,, ORDER OF COURT - . AND NOW, this 6th day of September, 2013, upon consideration of Laura Gillespie's Petition for Modification of Custody, the memorandum filed by the parties' and after hearing; IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: The Father, Bryan Barrick and the Mother, Laura Barrick Gillespie, shall have shared legal custody of Katelyn Louise McClintock, born March 28, 1997, Hailie Lee Barrick, born July 7, 2003, and Ave.Lyn Barrick, born January 20, 2006. Each parent shall have an equal right to be exercised jointly with the other parent, to make all major non -emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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 '1 all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to t hem 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. 2. Physical Custody: A. Mother shall have primary physical custody of the two minor children during the school year. The children shall be enrolled in the Susquenita School District. Except for the second weekend of each month, Father shall have partial physical custody of the children each weekend from Friday at 5:00 p.m. until Sunday at 6:00 p.m., unless other arrangements have been made by the parties and approved in advance. Mother shall have custody of the children on the second weekend of each month during the school year. B. Summer School Recess: Father shall have primary physical custody during the summer school recess. Father shall begin his first week of physical custody at 6:00 p.m. on the first Sunday following the conclusion of the school year. Except for the second weekend of each month, Mother shall have partial physical custody of the children each weekend from Friday at 5:00 p.m. until Sunday at 6:00 p.m. beginning June 13, 2014. Additionally, Mother will be allowed a period of seven consecutive days of summer vacation with the children to begin on one of her weekends. Mother shall provide the dates of the summer vacation to the Father on or before the third Friday of May each year. Mother shall resume her period of primary physical custody for the school year on the Sunday immediately before the first day of school at 6:00 p.m. Father shall have custody of the children on the second weekend of each month during the summer school recess. 3. Holidays and Summer Vacation shall take precedence over the regular scheduled as follows: A. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. until 7:00 p.m. Father shall have physical custody of the children from Father's Day from 9:00 a.m. until 7:00 p.m. B. Easter shall be shared such that Father shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. C. Starting in 2013, Mother shall have July 4th in odd years and Memorial Day and Labor Day in even numbered years, with Father having Memorial Day and Labor Day in odd numbered years and July 4th in even numbered years. D. Thanksgiving shall be shared such that Mother shall always have physical custody from after school on Wednesday, to Thursday at 3:00 p.m. and from Sunday at 7:00 p.m. until Monday at 7:00 p.m. Father shall always have physical custody from Thursday at 3:00 p.m. until Sunday at 7:00 p.m. E. Christmas vacation shall be defined as after school on December 23 to 7:00 p.m. on January 1. Christmas shall be shared such that Mother shall have physical custody of the children from 12:00 noon on December 25 until December 30 at a 7:00 p.m. Father shall have all other overnights during the Christmas holiday as defined herein. 4. Exchange Times: The times of exchange stated in this Order shall be strictly adhered to. No party shall take upon itself the right to extend any custodial time without the express prior permission of the non-custodial party. 5. Transportation: Mother shall be responsible for all transportation for exchange of custody. Exchanges shall take place at Father's home. Mother shall remain in her car at the curb during custody exchanges. 6. Medical Treatment: Both parents shall advise the other parent with respect to any type of medical treatment the children receive. Additionally, both parent shall endeavor to insure that each parent has equal access to all school/educational information and activities. 7. Alienation: No party, nor members of any party's family, shall do anything which may estrange the children from the other party or that party's family, injure the opinion of the children as to the other party or that party's family, or which may hamper the free and natural development of the children's love and affection from the other party or that party's family. 8. Communication: The children shall be provided liberal access to telephone communications with the non-custodial party at all reasonable times. Mother and Father shall utilize computer internet email to communicate with one another regarding custody matters. Neither party shall use their current spouse as an intermediary when communicating about custody matters. 9. Future Relocation: No party shall relocate the children if such relocation will significantly impair the ability of the non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the children consents to the proposed relocation or (b) the Court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. By the Court, Mark F. Bayley, Esquire Attorney for Plaintiff rl Rominger, Esquire Attorney for Defendant bas • 4�/3 .113 M. L. Ebert, Jr., BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law LAURA GILLESPIE, Defendant : No. 2008-1589 Civil : IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petioner's Petition for Modification of Custody Order upon the following by hand delivery: Date: T. 3--/q Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 Michael J. Whar , Esquire Attorney for Petitioner BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • : Civil Action- Law • : No. 2008-1589 Civil LAURA GILLESPIE, Defendant : IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Laura Gillespie, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or plead no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges C) ❑ 18 Pa.C.S. Ch. 25 ❑ ❑-rzyy�'� fry� W (relating to criminal = 1; homicide) ci'r r C-2 0 18 Pa.C.S. §2702 0 0 3 c -a riro (relating to aggravated assault) -4 • 18 Pa.C.S. §2706 0 0 (relating to terroristic threats) O 18 Pa.C.S. §2709.1 0 (relating to stalking) • 18 Pa.C.S. §2901 LJ 0 (relating to kidnapping) O 18 Pa.C.S. §2902 0 LI (relating to unlawful restraint) • 18 Pa.C.S. §2903 (relating to false imprisonment) • 18 Pa.C.S. §2910 0 (relating to luring a child into a motor vehicle or structure) O 18 Pa.C.S. §3121 (relating to rape) O 18 Pa.C.S. §3122.1 0 0 (relating to statutory sexual assault) O 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) O 18 Pa.C.S. §3124.1 0 (relating to sexual assault) O 18 Pa.C.S. §3125 0 0 (relating to aggravated indecent assault) O 18 Pa.C.S. §3126 0 0 (relating to indecent assault) O 18 Pa.C.S. §3127 0 (relating to indecent exposure) O 18 Pa.C.S. §3129 LJ 0 (relating to sexual intercourse with animal) 0 18 Pa.C.S. §3130 0 0 (relating to conduct relating to sex offenders) • 18 Pa.C.S. §3301 0 0 (relating to arson and related offenses) O 18 Pa.C.S. §4302 0 0 (relating to incest) O 18 Pa.C.S. §4303 (relating to concealing death of child) O 18 Pa.C.S. §4304 0 0 (relating to endangering welfare of children) 0 18 Pa.C.S. §4305 (relating to dealing in infant children) 0 18 Pa.C.S. §5902(b) 0 0 (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or ❑ 0 (d) (relating to obscene and other sexual materials and performances) O 18 Pa.C.S. §6301 0 0 (relating to corruption of minors) O 18 Pa.C.S. §6312 0 0 (relating to sexual abuse of children) O 18 Pa.C.S. §6318 0 0 (relating to unlawful contact with minor) O 18 Pa.C.S. §6320 0 0 (relating to sexual exploitation of children) O 23 Pa.C.S. § 6114 0 0 (relating to contempt for violation of protection order or agreement) O Driving under the 0 0 influence of drugs or alcohol ❑ Manufacture, sale, 0 0 delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other all that household apply member ❑ A finding of abuse by a Children & Youth 0 0 Agency or similar agency in Pennsylvania or similar statute in another jurisdiction O Abusive conduct as defined under the 0 0 Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction O Other: 0 0 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: Date 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or 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. n r Signature LatLD$.1-C...k Printed Name G ; 1\ IQ BRYAN BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. LAURA GILLESPIE DEFENDANT . CUMBERLAND COUNTY, PENNSYLVANIA 2008 -1589 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 29, 2014 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, June 25, 2014 9:30 AM for a Pre - Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in- person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. 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. Copl'es sl 9�i Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249 -3166 BRYAN BARRICK, Plaintiff V. LAURA GILLESPIE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1589 CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this .1.� day of th "Tv�' �' , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 6, 2013 shall remain in full force and effect with the following addition and modification. 2. The children's backpacks shall travel with the children from parent to parent. 3. Mother's period of partial physical custody on Fridays shall begin when Mother has the transportation available to pick up the children. When Mother knows the time she will pick up the children she shall notify Father. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. A telephone conference is scheduled for Tuesday, August 26, 2014 at 8:30 a.m. BY THE COURT, cc: ichael J. Whare, Esquire, Counsel for Mother Mark F. Bayley, Esquire, Counsel for Father Copl'es 'tccL c./AgtV 1, 0, ( BRYAN BARRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1589 CIVIL ACTION - LAW LAURA GILLESPIE, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hallie L. Barrick July 7, 2003 Mother Ava L. Barrick January 20, 2006 Mother 2. A Conciliation Conference was held in this matter on June 25, 2014, with the following in attendance: The Mother, Laura Gillespie, with his counsel, Michael J. Whare, Esquire and the Father, Bryan Barrick, with his counsel, Mark F. Bayley, Esquires 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated:; September 6, 2013 providing for shared legal custody, Mother having primary physical £l custody during the school year, with Father having three weekends per month and during-, the summer, Father having primary physical custody with Mother having three weekend's: per month. Mother was responsible for all transportation. 4. The parties agreed to an Order in the form as attached. Date: 6- 2-5--1 acqine M. Verney, Esquire Custody Conciliator