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HomeMy WebLinkAbout08-5236Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Telephone (717) 540-9170 Facsimile (717) 540-5481 Attorney for Plaintiffs JOSEPH F. BORING and STEPHANIE L. BORING, Plaintiffs V. JENNIFER M. BARTA and JONATHAN KUNKLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. d g'? S'?L 3 6 c )V61 -f ef^ CIVIL ACTION - LAW IN CUSTODYNISITATION COMPLAINT FOR CUSTODY 1. Plaintiffs are Joseph F. Boring and Stephanie L. Boring, adult individuals who currently reside at 978 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Jennifer M. Barta, an adult individual who currently resides at 1332 Pitt Street, P.O. Box 434, Jennerstown, Somerset, Pennsylvania 15547. Ms. Barta, although never an "official" party to a custody action, has acted as the sole legal and physical custody caregiver for the subject minor child since her birth. 3. Defendant is Jonathan Kunkler, an adult individual who is believed to reside at 23466 Charleston Circle, Apartment 204, Fort Charlotte, Florida 33980. It is believed that Mr. Kunkler is attempting to enlist in the United States Army. He has never exercised any type of custody over the subject minor child. Counsel for Plaintiffs has been provided with a cellular telephone number for Mr. Kunkler and counsel has left several voicemail messages asking him to return her call. To date, no response has been received. 4. Plaintiffs seek shared legal custody with Jennifer M. Barta and primary physical custody of the following child: Name Present Residence Date of Birth Emily Nicole Barta 978 Eppley Road Mechanicsburg, PA The child was born out of wedlock. November 20, 2001 (6 years old) The child is presently in the custody of Plaintiffs who reside at 978 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 and has been since July 14, 2008. 5. During the past five years, the child has resided with the following persons and at the following addresses: A. Plaintiff Joseph F. Boring Plaintiff Stephanie L. Boring 978 Eppley Road Mechanicsburg, Pennsylvania July 14, 2008 - Present B. Dorothy and Richard Kunkler (paternal great-grandparents) 1212 Marina Court Lewisville, Texas August 2007 - July 14, 2008 C. Colleen Brennan and Donald Boring (mother's friends) 61 North Thomas Avenue Kingston, Pennsylvania May 2007 - August 2007 D. Royce and Loray Moore (maternal aunt and uncle) Hyndman, Pennsylvania April 2007 - May 2007 E. Rebecca (mother's friend) Jennerstown, Pennsylvania December 2006 - April 2007 F. Defendant Jennifer M. Barta Half-sister, Hannah Plaintiffs are unaware of the complete addresses that Defendant and the children resided in for the past five-year period. On several occasions, Defendant and the children resided in motels and friends' residences. These stays were usually for no longer than 3-6 months at a time. Hannah, as of December 2006, resides with her father in Harrisburg, Pennsylvania. 2003 - December 2006 6. The mother of the subject minor child is Jennifer M. Barta, who currently resides at 1332 Pitt Street, P.O. Box 434, Jennerstown, Somerset County, Pennsylvania 15547. She is single. 7. The father of the subject minor child is Jonathan Kunkler, who is currently believed to be residing at 23466 Charleston Circle, Apartment 204, Fort Charlotte, Florida 33980. He is believed to be single. 8. There is no familial relationship between Plaintiffs and the minor subject child. Plaintiffs are merely friends of Defendant Jennifer M. Barta and have agreed in the absence of any other adult individuals willing to accept the subject minor child into their home, have agreed to do so. The only members of Plaintiffs' household are themselves and the subject minor child. 9. The relationship of Defendant Jonathan Kunkler to the subject minor child is that of Father. It is unknown whether Defendant resides with anyone. He has never had significant contact with the child and has not been in contact with Defendant Jennifer M. Barta for several years. 10. The relationship of Defendant Jennifer M. Barta to the subject minor child is that of Mother. Defendant Jennifer M. Barta resides at 1332 Pitt Street, P.O. Box 434, Jennerstown, Somerset County, Pennsylvania 15547. She does not reside with anyone. 11. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the subject minor child in this or another court. Plaintiffs have no information of a custody proceeding concerning the subject minor child pending in a court of this Commonwealth. Plaintiffs do not know of a person not a party to the proceedings that have physical custody of the subject minor child or claims to have custody or visitation rights with respect to the subject minor child. 12. The best interest and permanent welfare of the subject minor child will be served by granting the relief requested because: A. Approximately two years ago, in December 2006, Defendant Jennifer M. Barta and her two daughters were residing at a motel. The motel owner reported Defendant Jennifer M. Barta to Somerset County Children and Youth Services neglect/abuse. After the report was filed, Hannah went to live with her father, Maurice Gamble, in Harrisburg, Pennsylvania, and Defendant Jennifer M. Barta removed herself from the motel. Emily remained at the motel with the motel owner and her children. During her stay with the motel owner, which lasted for approximately five months, Emily was paddled and made to sleep in the basement, which still gives her nightmares to this day. Emily was then sent to stay with her aunt and uncle for two months in Hyndman (Bedford County). From there, she was transferred to friends for four months in Kingston (Luzerne County), where it was suggested after Luzerne County Children and Youth Services, involvement, that she be moved once again. Finally, Emily was sent to stay with her great-grandparents in Lewisville, Texas, for a period of one year. On July 14, 2008, due to various reasons, i.e., the great-grandparents failing health, Emily's inability to adjust to life in Texas, missing her family and her half-sister, etc., she came back to Pennsylvania, at which time, Plaintiffs agreed, at Defendant Jennifer M. Barta's request, to take her into their home and raise her. B. Plaintiffs have provided a nurturing, loving and stable home environment for the child and should not be removed from Plaintiffs' care. C. It is believed that both Defendant Jennifer M. Barta and Defendant Jonathan Kunkler will sign a Stipulation providing Plaintiffs with primary physical custody of the subject minor child, or testify to their consent in court. D. And other reasons which may fully appear at conference. 13. Each parent whose parental rights to the child, which have not been terminated, and the persons who have physical custody of the child, have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiffs, Joseph F. Boring and Stephanie L. Boring, request this Honorable Court grant them shared legal custody with Defendant Jennifer M. Barta and primary physical custody of the child, Emily Nicole Barta, subject to periods of custody with Defendant Jennifer M. Barta and Defendant Jonathan Kunkler. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiffs VERIFICATION Upon my personal knowledge, information and belief, I, Joseph F. Boring, do hereby verify that the facts averred and statements made in the foregoing Complaint are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: R(o _ By- J ep .Boring VERIFICATION Upon my personal knowledge, information and belief, I, Stephanie L. Boring, do hereby verify that the facts averred and statements made in the foregoing Complaint are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: g' 2&_ ZoOg By: 17 Ann M A N,- LtJ Steph ie L. Boring ??' IS1 ?`'_ ?? ? r? ? ?y? ?(?'1? C?- cam ? V ?? r'S"t ?.? V? .vs, ? ~`--'?{'gip ? ???? ,.!. G.? Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Telephone (717) 540-9170 Facsimile (717) 540-5481 Attorney for Plaintiffs JOSEPH F. BORING and STEPHANIE L. BORING, Plaintiffs V. JENNIFER M. BARTA and JONATHAN KUNKLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 3 ?i C-??," CIVIL ACTION - LAW IN CUSTODYNISITATION PETITION FOR SPECIAL RELIEF AND NOW, come the Plaintiffs, Joseph F. Boring and Stephanie L. Boring, by and through their attorney, Cara A. Boyanowski, Esquire, and aver as follows: 1. Petitioners are Joseph F. Boring and Stephanie L. Boring, husband and wife, the Plaintiffs in the above captioned custody action. They are adult individuals who currently reside at 978 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent, Jennifer M. Barta, the Defendant in the above captioned custody action, is an adult individual who currently resides at 1332 Pitt Street, P.O. Box 434, Jennerstown, Somerset County. Pennsylvania 15547. She is the biological mother of the subject minor child, Emily Nicole Barta, born November 20, 2001. She is not represented by counsel at this time. 3. Respondent, Jonathan Kunkler, the Defendant in the above captioned custody action, is an adult individual who is believed to reside at 23466 Charleston Circle, Apartment 204, Fort Charlotte, Florida 33980. He is the biological father of the subject minor child, Emily Nicole Barta, born November 20, 2001. He is not represented by counsel at this time. 4. Simultaneous with the filing of this Petition for Special Relief, Petitioners are filing a Complaint in Custody, requesting shared legal custody and primary physical custody of Emily Nicole Barta, born November 20, 2001. Approximately two years ago, in December 2006, Defendant Jennifer M. Barta and her two minor daughters were residing in a motel in Somerset County, Pennsylvania. 6. In December 2006, the motel owner, Rebecca, reported Defendant Jennifer M. Barta to the Somerset County Children and Youth Services for neglect/abuse of the two children. 7. Somerset County Children and Youth Services did investigate the allegation, however, it did not take the children into protective custody, but instead, gave Defendant Jennifer M. Barta the option of placing the children with family members of her choosing. Emily, the subject minor child of this petition, was placed in the care of the motel owner, Rebecca, from December 2006 through April 2007, at which time Somerset County Children and Youth Services suggested that Emily be removed from Rebecca's care due to allegations that Emily had been paddled and instructed to sleep in the basement. Hannah, the second child, was placed in the custody of her biological father, Maurice Gamble, who resides in Harrisburg, Pennsylvania. She remains with him as of the date of this petition. 9. After residing with Rebecca, Defendant Jennifer M. Barta placed Emily in the home of her great aunt and great uncle in Hyndman (Bedford County). 10. Emily resided with her great aunt and great uncle for approximately one month. 11. After residing with her great aunt and great uncle, Defendant Jennifer M. Barta placed Emily in the home of family friends, Colleen Brennan and Donald Boring, who reside in Kingston (Luzerne County). 12. Emily resided with Ms. Brennan and Mr. Boring for approximately three months, at which time, the Luzerne County Children and Youth Services became involved in allegations surrounding Ms. Brennan and her own children and it was suggested that Emily leave the residence. 13. After residing with Ms. Brennan and Mr. Boring, Defendant Jennifer M. Barta placed Emily in the care of her paternal great-grandparents who reside in Lewisville, Texas. 14. Emily resided with her great-grandparents for approximately one year, then, due to her great-grandparents failing health, Emily's inability to adapt to live in Texas, and her desire to be closer to her half-sister and her family members, Emily returned to Pennsylvania on July 14, 2008. 15. At Defendant, Jennifer M. Barta's request, Petitioners welcomed Emily into their home. 16. Emily is ready to begin school. It is believed that she will begin First Grade on Wednesday, August 27, 2008, at Monroe Elementary of the Cumberland Valley School District. 17. Petitioners are attempting to enroll the minor child at Cumberland Valley School District, however, without any type of custody documents awarding them legal custody and/or primary physical custody, it is difficult. 18. It is believed that as a consequence of school enrollment, Emily will be required to participate in a physical examination and/or immunizations. 19. Petitioners are also attempting to enroll the minor child as a dependent on their health insurance plan, however, without any type of custody documents awarding them legal custody and/or primary physical custody, it is difficult. 20. Rule 1915.14 of the Pennsylvania Rules of Civil Procedure, permit "at any time after commencement of the action, the court may on application or its own motion grant appropriate interim or special relief. The relief may include but is not limited to the award of temporary custody, partial custody or visitation; the issuance of appropriate process directing that a child or a party or person having physical custody of a child be brought before the court; and a direction that a person post security to appear with the child when directed by the court or to comply with any order of the court." 21. Petitioners seek from this Honorable Court, the granting of a temporary award of legal and physical custody of the subject minor child, Emily Nicole Barta, born November 20, 2001, pending the parties participation in a custody conciliation conference for the purpose of permitting them to enroll Emily in First Grade at Monroe Elementary and obtain appropriate medical insurance for her. WHEREFORE, Petitioners, Joseph F. Boring and Stephanie L. Boring, request special relief from this Honorable Court, granting them temporary legal custody and primary physical custody over the minor child, Emily Nicole Barta, whose date of birth in November 20, 2001 (age six years). Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorney for Petitioner/Plaintiff VERIFICATION We hereby verify that the facts averred and statements made in the foregoing Petition for Special Relief are true and correct. We understand that false statements or averments therein made will subject us to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date:_- a (a -4 B' By: ?Te?`Boring Date:' 2 Lr - 2C?0$ By: AWVA?-S_ d Steph ie L. Boring CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, do hereby certify that on the M `l') day of O?gw , 2008, 1 caused a true and correct copy of the within Petition for Special Relief to be served upon the following individuals by depositing same in first class, United States mail, postage paid, from Harrisburg, Pennsylvania: Jennifer M. Barta 1332 Pitt Street P.O. Box 434 Jennerstown, PA 15547 Jonathan Kunkler 23466 Charleston Circle Apartment 204 Fort Charlotte, FL 33980 SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanows i, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiffs r- ' w SEP 0 4 200% Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Telephone (717) 540-9170 Facsimile (717) 540-5481 Attorney for Plaintiffs JOSEPH F. BORING and : IN THE COURT OF COMMON PLEAS STEPHANIE L. BORING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 08, 59.3L Civi t enrol JENNIFER M. BARTA and JONATHAN KUNKLER, : CIVIL ACTION - LAW Defendants : IN CUSTODYNISITATION ORDER OF COURT AND NOW, this 5 ih day of S e, C. C r , 2008, upon consideration of the attached Petition for Special Relief, it is hereby ORDERED and DECREED that Petitioners, Joseph F. Boring and Stephanie L. Boring, Husband and Wife, be granted '1 EMPORARY legal custody and primary physical custody of the minor child, Emily Nicole Barta, born November 20, 2001 (age six years), in order to enroll her in the First Grade at Monroe Elementary of the Cumberland Valley School District and obtain appropriate health insurance for her, pending the parties participation in a custody conciliation conference. BY THE COURT: z :?C d S' 3S SON &??p JOSEPH F. BORING AND STEPHANIE L. IN THE COURT OF COMMON PLEAS OF BORING PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5236 CIVIL ACTION LAW JENNIFER M. BARTA AND JONATHAN KUNKLER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 05, 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 Thursday, October 02, 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 f , 1 ' ?, 111 I } } q 0 I Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (telephone) (717) 540-5481 (facsimile) c bovanowskiQ)ssbc-law. com Attorney for Plaintiffs JOSEPH F. BORING and STEPHANIE L. BORING, Plaintiffs V. JENNIFER M. BARTA and JONATHAN KUNKLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5236 CIVIL ACTION - LAW IN CUSTODYNISITATION AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law, states the following: I am the attorney for Joseph F. Boring and Stephanie L. Boring, the Plaintiffs in the above-captioned child custody action. 2. Pursuant to my complaint in custody, the Court of Common Pleas of Cumberland County appointed Jacqueline M. Verney, Esquire, as Custody Conciliation Officer, and scheduled a custody conciliation conference for October 2, 2008. 3. On or about September 11, 2008, I forwarded a certified copy of the Order of Court scheduling the custody conciliation conference, by certified mail, return receipt requested, as well as, a copy of the custody complaint, on or about September 8, 2008 to Defendant, Jennifer M. Barta, at 1332 Pitt Street, P.O. Box 434, Jennerstown, PA 15547. A true and correct copy of the Domestic Return Receipt (PS Form 3811), signed by Jennifer M. Barta, is attached hereto as Exhibit "A." 4. As evidenced by her signature, Ms. Barta received the Order of Court scheduling the custody conciliation conference on September 15, 2008. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON, P.C. (?g I A0 ki it) Y)AIA41 By: Cara A. Boyanows i, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiffs ¦ Oofflplsr9ltems 1, 2, and S. Alto oOMPI e, " A. S001tve Item 4 H Rsstttatad DdIMy is desired. X Agent ¦ Print your name and address on the reAmm Addressee At that are can return the card to you. B. by (Printed NNW) ¦ Attach this card to to the beds of the maiiplem ? 7 -U or on the front ff space permits D. is delivery address diff mend from Item 1? 13 Yes 1. Article Addressed topp:,?,, ,, _" L? H YES, enter delvery address below: )KNo quLfu+u 153 . P'% 4 SAX P. ©. 1-13y 3. lype l.?Il P A Md Mail 0 EVrees Mail o Registered 0 Rewm Re xO for Merc wxfte ? insured man 0 C.O.D. 4. Restricted Deilverg (Extra Feat O Yes 2. Article Nuffd r (ra'anaferftm _ _ 7007 0710 0000 4886. 3980 Ps form 3811. Fshtenry zoom Doe,eeAfe 1lelurn 11l,oelpt ___ ___ ,aaaie?ut-tee C) cN..a F rn rn rl ri-,? FF c CID John B. Dougherty, Esquire Supreme Court I.D. No. 70680 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Facsimile: 717-238-6691 Attorney tor: Petitioners JOSEPH F. BORING and STEPHANIE L. BORING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. JENNIFER M. BARTA and JONATHAN KUNKLER, Defendants. No. 08 - 5236 CIVIL ACTION - LAW IN CUSTODY/VISITATION PETITION FOR LEAVE OF COURT TO INTERVENE PURSUANT TO Pa.R.C.P. 1915.16 AND PETITION TO PARTICIPATE IN CUSTODY CONCILIATION AND NOW, Petitioners, Rebecca Burkett and Larry Burkett, by and through their attorney, John B. Dougherty, Esquire, respectfully submits this Petition to Intervene and, in support thereof, avers the following: I. Your Petitioners are Rebecca Burkett and Larry Burkett, husband and wife, who are adult individuals residing at 1326 Pitt Street, P. O. Box 440, Jennerstown, Somerset County, PA, 15547. 2. Petitioners are close friends and surrogate parents of the Defendant, Jennifer Barta, (hereinafter "Mother"), mother of the Minor Child, Emily Nicole Barta (herinafter "the Minor Child") 3. Mother began residing with Petitioners in 2001 when she was 21 years old and pregnant with the Minor Child. 4. At the time the Minor Child was born on November 20, 2001, Mother resided with the Petitioners and continued to reside with them while she attended school and treated for mental health issues. 5. From the date of the Minor Child's birth in November 2001 through October 2003, Mother resided with the Petitioners together with the Minor Child. 6. On October 15, 2003, Mother gave birth to Hannah Simone Barta and from October 2003 through January 2005, Mother, the Minor Child and Hannah resided periodically with Petitioners. 7. In January 2005, Mother was hospitalized and treated for depression in Somerset County. At that time, the Minor Child, once again, resided with the Petitioners. 8. In August 2005, Mother moved to an apartment in Somerset County with the Minor Child. 9. In February 2006, Mother and the Minor Child moved in again with the Petitioners. 10. In September 2006, Mother moved with the Minor Child to Boswell, Somerset County, Pennsylvania. 11. In October 2006, Mother, then moved back with the Minor Child to the Petitioners' residence. 12. In November 2006, Petitioners contacted Somerset County Children and Youth regarding an allegation of abuse committed by Mother. Mother was hospitalized and treated 2 again in Somerset County for mental health issues and the Minor Child resided with the Petitioners solely. From November 2006 through the Spring of 2007, Petitioners worked with Somerset County Children and Youth and caseworker Andrea Paragooda to establish supervised visitation for Mother, and assisted Mother in following up with her mental health treatment and parenting classes. 13. On April 5, 2007, Mother traveled to Bedford County with the Minor Child to reside with her maternal aunt and uncle, Lorray and Royce Moore. 14. In May of 2007, Mother, traveled to Luzerne County with the Minor Child to reside with her friends Colleen Brennan and Donald Boring. In July 2007, while residing in Luzerne County, another incident of abuse occurred and Luzerne County Children and Youth Services intervened. Mother, was hospitalized and treated for mental health issues for approximately two weeks. 15. In August 2007, Mother, returned to Somerset County to reside with the Petitioners at a hotel the Petitioners had recently purchased. At the same time, Children and Youth Services for Luzerne County arranged for the Minor Child to reside with paternal great- grandparents in Texas. The Minor Child resided there until July 14, 2008. 16. On or about July 14, 2008, Mother, requested that Plaintiffs, Joseph F. Boring and Stephanie L. Boring, supervise Emily until Somerset County Children and Youth could approve a supervised visitation schedule for Mother to spend time with the Minor Child. 17. On September 1, 2008, Mother contacted the Pennsylvania State Police to notify them that she would be removing the Minor Child from the Boring's residence. On the same 3 date, she traveled, along with two friends, to Cumberland County to pick up pick up the Minor Child and return her to Somerset County to reside. 18. On September 2, 2008, Mother enrolled Minor Child in North Star Elementary School in Somerset County. On the same date, Mother was, once again, hospitalized for mental health treatment and was referred to Somerset County MH/MR for services. 19. On September 9, 2008, the Plaintiffs, Joseph F. Boring and Stephanie L. Boring, traveled to Somerset County and presented North Star Elementary School officials with a copy of an Order from the Cumberland County Court of Common Pleas, which was purportedly entered pursuant to a Petition for Special Relief, and removed her from school and returned her to Cumberland County. 20. Between the period of September 1, 2008 and September 9, 2008 when Minor Child was removed from school, she resided with Petitioners. 21. Since the Minor Child was removed from Somerset County pursuant to the aforementioned Order, Plaintiffs have denied Mother as well as Petitioners any contact with the Minor Child. 22. Petitioners have been actively involved in assisting Mother in seeking mental health treatment and have provided a stable home and for Mother and the Minor Child. 23. Petitioners have been actively involved with Somerset County Children and Youth when they believed that Mother's actions were not in the best interests or were a danger to the Minor Child. 4 24. The Minor Child has resided with Petitioners for over half of her life and the Petitioners wish to be involved in providing for the well-being of the Minor Child until the time when Mother can competently and safely care for the Minor Child on her own. 25. Petitioners believe that they can provide a stable home environment for both supervised and unsupervised custody to be exercised by themselves and/or Mother until Mother is competent to exercise custody on her own. 26. Plaintiffs have only had custody of the Minor Child for two months and are not in the best position to provide for the well-being of the Minor Child. 27. A custody conciliation has been scheduled for October 2, 2008 at 8:30 a.m. before Conciliator Jacqueline Verney, Esquire. 28. Since Mother has been denied contact with the Minor Child since the Emergency Petition was granted and Petitioners have no desire to delay this matter further, Petitioners respectfully request leave of Court to participate in the Custody Conciliation scheduled for October 2, 2008 and, in the event an agreement cannot be reached regarding the Custody of the Minor Child, the issue of Intervention can then be decided after the conciliation. WHEREFORE, Petitioners respectfully request that the Court grant leave for the Petitioners to Participate in the Custody Conciliation scheduled for October 2, 2008 and furthermore, Petitioners request leave of Court to file a Counterclaim for Custody and to participate in future proceedings. 5 Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: JOHN B. DOUGHER Y Supreme Court I.D. No. 70680 6 SIP-22-2008 MON 02:36 PM COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: FAX NO. P. 08 We verify that the statements made in the attached pleading are true and correct. We understand that false statements heroin are made subject to the penalties set forth in 18 Pa.C.S. §4904 relating to unswom falsification to authorities. DATED: DATED: TT CERTIFICATE OF SERVICE AND NOW, this day of _ 8e 41-- , 2008, I, John B. Dougherty, Esquire, attorney for Petitioners, Rebecca Burkett and Larry Burkett, hereby certify that I served the within PETITION FOR LEAVE OF COURT TO INTERVENE this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Cara A. Boyanowski, Esquire Serratelli Schiffinan Brown & Calhoon 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Jennifer M. Barta 1332 Pitt Street P. O. Box 434 Jennerstown, PA 15547 Jonathan Kunkler 23466 Charleston Circle Apt. 204 Fort Charlotte, FL 33980 Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 By: 16. JOHN B. D GH Y y ?.3 s 0 ,t t JOSEPH F. BORING and STEPHANIE L. BORING, PLAINTIFFS V. JENNIFER M. BARTA and JONATHAN KUNKLER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5236 CIVIL IN RE: PETITION TO INTERVENE ORDER OF COURT AND NOW, this 1St day of October, 2008, upon consideration of the Plaintiffs' Petition for Leave of Court to intervene and Petition to Participate in Custody Conciliation, IT IS HEREBY ORDERED AND DIRECTED that the Petition to Intervene is DENIED at this time. IT IS FURTHER ORDERED AND DIRECTED that the Petition to Participate in the Custody Conciliation set for Thursday, October 2, 2008, at 8:30 a.m. is GRANTED. By the Court, M. L. Ebert, Jr., J. John B. Dougherty, Esquire Attorney for Petitioners Cara Boyanowski, Esquire Jacqueline Verney, Esquire -AAA "?`?"?'`? ?° oi'op Custody Conciliator 141l01' bas VIP 17 91:01A I-100 BE t + C`vt '. ' d m,Hi ?Q 301--?c-tT:nu OCt 0 6 zwt4 JOSEPH F. BORING and : IN THE COURT OF COMMON PLEAS OF STEPHANIE L. BORING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . V. : NO. 2008-5236 CIVIL ACTION - LAW JENNIFER M. BARTA and JONATHAN KUNKLER, : IN CUSTODY Defendants . ORDER OF COURT AND NOW, this day of 0 , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the /V"-- day of T y W&Os c , 2008, at P-30 o'clock, f. M., at which time testimony will be taken. For purposes of this Hearing, the Borings 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. The prior Orders of Court dated September 5, 2008 and October 1, 2008 are hereby vacated. 3. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 4. Joseph F. Boring and Stephanie L. Boring, the Mother, Jennifer M. Barta and the Father, Jonathan Kunkler, shall have shared legal custody of Emily Nicole Barta, born November 20, 2001. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, VALL??? Sal :g l4v 8-10029ol teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party 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. 5. Mother shall have the following periods of supervised visitation with the child: A. One Saturday per month with the Father of Emily's half sister, Hannah, as the supervisor. This visit shall occur in Harrisburg during Mother's regularly scheduled visit with Hannah. The Borings shall be responsible for transportation. This visit is generally from 1:00 p.m. to 7:00 p.m., but should be for any reasonable six hour period. B. The last Saturday of every month from 10:00 a.m. to 6:00 p.m. This visit shall occur in Somerset County with the Burketts as the supervisors. The Borings shall be responsible for transportation. However, nothing prevents the parties and the supervisors from agreeing to exchange custody at a midway point. 6. Father shall be periods of partial physical custody as agreed with the Borings. 7. Mother shall have reasonable telephone contact with the child at 5:00 p.m. every other day. Father shall have reasonable telephone contact with the child as arranged with the Borings. 8. 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., Z cc",Cara A. Boyanowski, Esquire, counsel for Borings -Grace D'Alo, Esquire, MidPenn Legal Services, counsel for Mother /Jonathan Kunkler, pr se 22234 Edgewater Drive Port Charlotte, FL 33952 A"Ohn B. Dougherty, Esquire, counsel for Burketts 0ariz 1043106 tt?l JOSEPH F. BORING and : IN THE COURT OF COMMON PLEAS OF STEPHANIE L. BORING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . V. : NO. 2008-5236 CIVIL ACTION - LAW JENNIFER M. BARTA and JONATHAN KUNKLER, : IN CUSTODY Defendants . 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Emily Nicole Barta November 20, 2001 Plaintiffs 2. A Conciliation Conference was held October 2, 2008 with the following individuals in attendance: The Plaintiffs, Joseph F. Boring and Stephanie L. Boring, with their counsel, Cara A. Boyanowski, Esquire, the Mother, Jennifer M. Barta, with her counsel, Grace D'Alo, Esquire, MidPenn Legal Services, the Father, Jonathan Kunkler, pro se, by telephone and Rebecca Burkett and Larry Burkett, who have filed a Petition to Intervene, with their counsel, John B. Dougherty, Esquire. 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated September 5, 2008 providing for plaintiffs to have temporary legal custody and primary physical custody of the child. On Oct 1, 2008, Judge Ebert entered an order denying for the time being, the Burketts' Petition to Intervene but permitting them to participate in the conciliation conference. 4. Plaintiffs' (Borings) position on custody is as follows: Plaintiffs seek shared legal custody and primary physical custody of the child. They assert that Mother signed a guardianship document giving them custody for one year. They further maintain that the child is in a stable home for the first time in her short life. Mother has mental health issues. Under the auspices of Somerset County Children & Youth, the child has lived in various homes, including the Burketts in Somerset County, with Mother at times and without Mother at times, and the paternal grandparents in Texas. The child lived with the paternal grandparents for approximately one year and attended kindergarten in Texas. Plaintiffs oppose the intervention of the Burketts alleging that the child was removed from their home by C&Y because of reports by the child that she lived in the basement and was spanked by them. There is a safety plan in effect through Somerset County requiring Mother to have only supervised visits with the child. C&Y permits the Burketts to the supervisors. The child is currently attending Monroe Elementary School in Cumberland County. She had been removed by the state police from the Borings custody at the request of Mother who returned her to the Burketts in Somerset County where she attended school briefly. 5. Father's position on custody is as follows: Father seeks shared legal custody with Mother and the Borings and periods of partial physical custody as agreed and two weeks in the summer. He agrees that the Borings should have primary physical custody of the child. 6. Mother's position on custody is as follows: Mother seeks shared legal custody with Father and the Burketts, with the Burketts having primary physical custody. Mother seeks to remove the child from the legal and physical custody of the Borings. Mother seeks frequent supervised visits with the child and if the child remains in Cumberland County, frequent visits are problematic. She alleges that Father has had little contact with the child. 7. The Burketts' position on custody is as follows: They seek to intervene in the custody matter to obtain shared legal custody with Mother and Father, and primary physical custody. They assert that they have had periods of physical custody of the child since she was born. They deny that C&Y removed her from their home. They explain that their home was undergoing renovations at the time Mother placed the child with the Borings. They will facilitate supervised visits with Mother and provide a home base where Mother can learn parenting skills under Somerset County C&Y's supervision. 8. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the child in the shared legal custody of the Borings and the parents, and the primary physical custody of the Borings, allowing Mother to have supervised visitation twice a month. It is expected that the Hearing will require one day. lo - k A Date cq ine M. Verney, Esquire Custody Conciliator JOSEPH F. BORING and STEPHANIE L. BORING, PLAINTIFFS V. JENNIFER M. BARTA and JONATHAN KUNKLER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5236 CIVIL AMENDED ORDER OF COURT AND NOW, this 13th day of October, 2008, IT IS HEREBY ORDERED AND DIRECTED that paragraph 5 of the Order of Court dated October 7, 2008, is amended to provide that Joseph F. and Stephanie L. Boring shall have temporary physical custody of the minor child, Emily Nicole Barta, born November 20, 2001, in order to enroll her in the first grade at Monroe Elementary of the Cumberland Valley School District and obtain appropriate health insurance for her, pending the hearing already scheduled for November 13, 2008, at 1:30 p.m. The remainder of the Court Order dated October 7, 2008, shall remain in full force and effect. By the Court, M. L. Ebert, Jr., J. /John B. Dougherty, Esquire For the Burketts //Cara Boyanowski, Esquire For the Borings .Grace D'Alo, Esquire Attorney for Mother Jacqueline Verney, Esquire Custody Conciliator Jonathan Kunkler, Pro se bas Co i•ES MaL'LaL ?o?i?1?o8 JOSEPH F. BORING and STEPHANIE L. BORING, Plaintiffs V. JENNIFER BARTA and JONATHAN KUNKLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2008-5236 : IN CUSTODY PRELIMINARY OBJECTIONS AND NOW, comes Plaintiff, JENNIFER BARTA, by and through her attorneys, MidPenn Legal Services, and files these Preliminary Objections to Defendant's Complaint for Custody and in furtherance thereof states as follows: 1. Defendant, Jennifer Barta (hereinafter MOTHER), lives at 1332 Pitt Street, P.O. Box 434, Jennerstown, Somerset County, Pennsylvania 15547. 2. The minor child, Emily, who is the subject of this custody proceeding was born to MOTHER on November 20, 2001, in Somerset County, Pennsylvania. 3. At the time of Emily's birth, MOTHER was living with Rebecca and Larry Burkett, a married couple, who have lived continuously for purposes of this action at 1326 Pitt Street, P.O. Box 440, Somerset County, PA 15547. 4. Rebecca and Larry Burkett have petitioned this Court to intervene in this custody action. 5. From Emily's birth through October 2003, a period of approximately two years, Emily and MOTHER lived with Rebecca and Larry Burkett. 6. On September 5, 2003, the Court of Common Pleas of Bedford County issued an order giving MOTHER primary physical and legal custody of Emily in a custody action between MOTHER and Emily's father, Jonathan Kunkle. A copy of said Order is attached hereto as Exhibit 1. 7. On October 15, 2003, MOTHER gave birth to Hannah Simone Barta and from October 2003 through January 2005, MOTHER, Hannah, and Emily lived with the Burketts sporadically. 8. In January, 2005, MOTHER was hospitalized and treated for depression in Somerset County. 9. In August of 2005, MOTHER moved to an apartment in Somerset County with Emily. 10. In February of 2006, MOTHER and Emily moved in again with the Burketts. 11. In September of 2006, MOTHER moved with Emily to Boswell, Somerset County, Pennsylvania. 12. In October of 2006, MOTHER and Emily moved in again with the Burketts. 13. In November of 2006, the Burketts contacted Somerset County Children and Youth due to their concern about Emily's safety. 14. MOTHER was hospitalized for mental health treatment and Emily stayed with the Burketts from November of 2006 through the spring of 2007. 15. The Burketts worked with Somerset County Children and Youth to establish supervised visitation for MOTHER and assisted MOTHER in her mental health treatment. 16. In April of 2007, MOTHER traveled with Emily to Bedford County and resided there with her maternal aunt and uncle, Lorray and Royce Moore. 17. In May of 2007, MOTHER traveled with Emily to reside with her friends Colleen Brennan and Donald Boring in Luzerne County. 18. In July of 2007, while still in Luzerne County, MOTHER was again hospitalized for mental health treatment,Luzerne County Children and Youth intervened based on reports that Emily was not safe in MOTHER's care. 19. In August of 2007, MOTHER returned to Somerset County to reside with the Burketts. At the same time, Luzeme County Children and Youth arranged for Emily to reside with her paternal grandparents in Texas. 20. Emily stayed in Texas with her maternal grandparents until July 14, 2008. 21. On or about July 14, 2008, MOTHER asked the Plaintiffs, Joseph and Stephanie Boring, who live in Cumberland County, to act as supervisors for her visits with Emily under Somerset County Children and Youth's plan. 22. The Plaintiffs are not related to Emily by blood or marriage. 23. On September 1, 2008, MOTHER notified the Pennsylvania State Police that she would be removing Emily from the Plaintiff s custody because the Borings were not giving MOTHER access to Emily as they had agreed. 24. On September 1, 2008, MOTHER drove to Cumberland County with two friends and removed Emily from the Boring's' residence and returned to Somerset County. MOTHER placed Emily once again in the care and custody of the Burketts. 25. On September 2, MOTHER enrolled Emily in public school in Somerset County. 26. On the same day, September 2, MOTHER was referred for MH/MR treatment and hospitalized again. 27. On September 9, 2008, the Borings drove to Somerset County and removed Emily from the care and custody of the Burketts based on an ex-parte custody Order issued by this Court on September 5, 2008. 28. A custody conciliation was held on October 2, 2008, where MOTHER through her counsel objected to the Plaintiff's standing and this Court's jurisdiction and informed the custody conciliator that Preliminary Objections would be filed. 29. Pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) as outlined below this Court does not have jurisdiction in this matter and the Plaintiffs do not have standing. 1. JURISDICTION 30. Paragraphs 1 through 29 are hereby incorporated as if fully set forth herein. 31. Under Section 5424 (b) of the UCCJEA, a child custody determination has been made by another court and remains in effect. (23 Pa.C.S. §5424(b)). See Exhibit 1. 32. The majority of information pertinent to a custody case regarding Emily is located in Somerset County, Pennsylvania. 33. MOTHER's history of mental health treatment and those familiar with are in Somerset County. 34. All those familiar with MOTHER and the Burketts and their involvement with the Somerset County Children and Youth agency reside in Somerset County. 35. Another Court of this Commonwealth, the Bedford County Court of Common Pleas, has already issued a custody order pertaining to Emily. 36. It is an unreasonable financial burden on MOTHER to travel to Cumberland County to litigate matters relating to the custody of Emily. 37. Emily's connection to Cumberland County is based only on residing with Plaintiffs for two months. a) Plaintiffs do not have any other children. Although they may have provided good care for Emily, they do not have any right to continued custody under any theory of law. b) Plaintiffs do not stand "in loco parentis" because MOTHER has not knowingly ceded her parental rights to them nor have they demonstrated a basis for their custody under the emergency powers of this Court. At no time was Somerset County, either through its courts or its Children and Youth Agency, unable, unwilling or unavailable to act in Emily's best interests. c) At no time was Somerset County, either through its courts or its Children and Youth Agency, unable, unwilling or unavailable to continue its supervision of MOTHER. d) At no time did Somerset County, either through its courts or its Children and Youth Agency, find the Burketts unable, unwilling, or unsuitable as caretakers for Emily. e) Plaintiffs admitted to forcing MOTHER to sign over legal guardianship to them while MOTHER was in the back seat of their car and, obviously, unrepresented and without consultation with anyone. f) MOTHER's history of mental health disease and MH/MR treatment was well known to Plaintiffs who therefore knew or should have known that Plaintiff did not fully understand the implications of signing such a guardianship agreement. 38. Pursuant to the Uniform Child Custody Jurisdiction Enforcement Act 23 Pa.C.S. §5427, this Court may decline to exercise its jurisdiction at any time when a court of another jurisdiction is the more appropriate forum. 39. Pursuant to the Uniform Child Custody Jurisdiction Enforcement Act 23 Pa.C.S. §5422(b), this Court does not have the power to modify Bedford County's Order in custody because this Court did not have jurisdiction to make an initial determination under 23 Pa.C.S. §5421: a. This court is not the "home" jurisdiction of Emily because neither Emily nor one of her parents has lived in Cumberland County for six months. b. The Bedford County Court has not declined to exercise jurisdiction. c. Substantial evidence relating to Emily's welfare is in Somerset County and Bedford County. d. Clearly Bedford County has continuing jurisdiction based on its previous order and Somerset County has a claim to being the most appropriate forum. 40. For all of the foregoing reasons, Somerset County or Bedford County is the more appropriate forum for this custody action. II. STANDING 41. Paragraphs 1-40 are herein incorporated by reference. 42. The Plaintiffs are third parties in relation to Emily. 43. The Plaintiffs have not demonstrated a need for this Court to exercise its powers for emergency relief. (See paragraph 37 above.) 44. The Plaintiffs have had custody of Emily for less than two months. 45. Under the definitions in the UCCJEA, 23 Pa.C.S. §5402, the Plaintiffs are not persons acting as parents in that: a. They have not had physical custody for a period of six consecutive months before the commencement of this custody action. b. The have not been awarded legal custody through a full hearing by this Court. WHEREFORE, MOTHER requests this Court dismiss Plaintiffs Complaint for Custody, based on this Court's lack of jurisdiction and the Plaintiffs lack of standing. MOTHER further requests that custody of the minor child, Emily Nicole Barta, be returned to MOTHER under the care and supervision of the Somerset County Children and Youth Agency. In the alternative, MOTHER requests that this Court issue a Rule to Show Cause why Plaitniffs Complaint for Custody should not be dismissed and the care and custody of Emily not be returned to MOTHER under the supervision of the Somerset County Children and Youth Agency. Respectfully Submitted, G a e . D' Alo d enn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 CERTIFICATE OF SERVICE AND NOW, this i S day of Q C-?0 2008, I, Grace E. D' Alo, Esquire, attorney for the Defendant, Jennifer Barta, heregy certify that I served the within PRELIMINARY OBJECTIONS this day by depositing the same in the United States mail, first class, postage prepaid, in the post office in Carlisle, Pennsylvania, addressed to: John B. Dougherty, Esquire, Ira H. Weinstock, P.C. 800 North Second Street, Harrisburg, PA 17102 Jonathan Kunkler, 23466 Charleston Circle, Apt. 204 Fort Charlotte, FL 33980 Cara A. Boyanowski, Esquire Serratelli, Schiffman, Brown & Calhoun 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 it, I _::f3 .L 10, 171 VC +, - 1t1Url 1 !+J ?i41? 1111. 'j-)M9 r. 1 IN THE COURT OF COMMON PLEAB, BEDI#ORD COUNTY, PENSTMVANIA JENNIFER M. ETA, Plaintiff VS. JONATHAN E. KUN=% Defendant NO. 807 for the year 2003 Civil. Action - Law To Custody ORDER OF COURT And now, this 5th day of September, 2003, the Order of the Court is as follows: 1. The custody conference scheduled this date ie hereby continued generally. 2. Plaintiff, Jennifer M. Karma, is hereby awaxded primary physical and legal custody of the parties' minor child, Emily N. Barta, born November 2o, 2ooi. Defendant, Jonathan E. Kunkler, shall have partiaI custody of the minor child at such times as the parties may mutually agree. By the Court, Counsel: For the Plaintiff - pro se 65 W. 91h Street, Apt. #103 Everett, PA IL5537 For the Defendant - pro se 9487 Old Stage Road Prince George, VA 23875 EXHIBIT 1 ti _? ? ?:.- c_. ~? -, , ?,.. ?? ?` .,,? '.o 'a t ? . JOSEPH F. BORING and STEPHANIE L. BORING, Plaintiffs V. JENNIFER BARTA and JONATHAN KUNKLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : NO. 2008-5236 : IN CUSTODY RULE TO SHOW CAUSE 11 4 t1'? consideration of the AND NOW, this day of t. ?' o btr , 2008, upon Preliminary Objections filed by Defendant, Jennifer Barta, a rule is used upon the Plaintiffs to show cause why the relief requested by MOTHER should not be granted. RULE RETURNABLE: N 0 V !. Oo t c 7 1 '100 6 BY THE COURT, ,A\ -t U4P-\_\ M. L. Ebert, Jr., Judge %' x Distribution: John B. Dougherty, Esquire, Ira H. Weinstock, P.C., 800 North Second Street, Harrisburg, PA 17102 (Phone: 717-238-1657) /Grace E. D'Alo, MidPenn Legal Services, 401 East Louther St., Carlisle, PA, 17013 (Phone 717 / 243-9400) ,Jonathan Kunkler, 23466 Charleston Circle, Apt. 204, Fort Charlotte, FL 33980 ara A. Boyanowski, Esquire, Serratelli, Schiffman, Brown & Calhoun, 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110 (Phone 717-540-9170) 120 tES rnza t /0?.2D/v8 VrNV'tl?1 SNN3d -mno 6 S :01 WV OZ 130 goon Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Telephone (717) 540-9170 Facsimile (717) 540-5481 Attorney for Plaintiffs JOSEPH F. BORING and STEPHANIE L. BORING, Plaintiffs V. JENNIFER M. BARTA and JONATHAN KUNKLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5236 CIVIL ACTION - LAW IN CUSTODYNISITATION PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANTS' PRELIMINARY OBJECTIONS AND NOW come Plaintiffs Joseph F. Boring and Stephanie L. Boring (hereinafter "Plaintiffs"), by their attorneys, Serratelli, Schiff nan, Brown & Calhoon, P. C. , and file their Preliminary Objection to Defendant Jennifer M. Barta's Preliminary Objections, and in support thereof aver as follows: PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE 1. Plaintiffs are Joseph F. Boring and Stephanie L. Boring, husband and wife, who are adult individuals currently residing at 978 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Jennifer Barta, is an adult individual currently residing at 1332 Pitt Street, P.O. Box 434, Jennerstown, Somerset County, Pennsylvania 15547. She is represented by Grace E. D'Alo, Esquire or MidPenn Legal Services, Inc. 3. Plaintiffs initiated this action by the filing of a custody Complaint against Defendants ("the Complaint") on September 2, 2008 as evidenced by the time-stamp appearing on the first page of the Complaint, a true and correct copy of which is attached hereto as Exhibit «A 3, 4. The Complaint was served upon Defendant Jennifer M. Barta (hereinafter "Defendant Barta") on September 15, 2008, as evidenced by the Affidavit of Service, which has affixed to it a copy of the United States Postal Services Domestic Return Receipt card, a true and correct copy of which is attached hereto as Exhibit "B." 5. Rule 1915.5(a) of the Pennsylvania Rules of Civil Procedure clearly states " a party must raise any question of jurisdiction of the person or venue by preliminary objection filed within twenty days of service of the pleading to which objection is made or at the time of the hearing, whichever first occurs." 6. Rule 1915.5(b) of the Pennsylvania Rules of Civil Procedure clearly states " a party may file a counterclaim asserting the right of custody, partial custody or visitation within twenty days of service of the complaint upon that party or at the time of hearing whichever first occurs." 7. Defendant Barta was served with the Complaint on September 15, 2008; therefore, under Rule 1915.5, she was required to file any preliminary objections to the Complaint on or before October 5, 2008. 8. Defendant Barta, through her counsel, filed preliminary objections to the Complaint on October 15, 2008, ten days after the time period permitted for filing preliminary objections expired. 9. Defendant Barta did not file a motion or petition seeking an extension of the 20- day time period. 10. Rule 1915.5 specifically states that responsive pleadings must not delay a scheduled custody hearing. 11. A hearing in this matter is currently scheduled for November 13, 2008. 12. Resolution of Defendant Barta's untimely preliminary objections, filed well past the permitted 20 day period, and less than one month prior to the scheduled custody hearing, will delay the custody hearing. 13. In addition, as a direct and proximate result of Defendant Barta's untimely filing of her preliminary objections, Plaintiffs have incurred additional time and expense in having to prepare and file these Preliminary Objections in the nature of a motion to strike, and will further be burdened by the additional time and cost associated with the litigation of Defendant Barta's untimely preliminary objections. 14. Plaintiffs have been prejudiced by Defendant Barta's untimely filing and therefore the Court should strike the Defendants' preliminary objections accordingly. WHEREFORE, Plaintiffs, Joseph F. and Stephanie L. Boring, request that this Honorable Court strike Defendant Jennifer Barta's Preliminary Objections, filed October 15, 2008, as untimely. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON amuwu"' Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certify that on this 4th day of November 2008, I served a true and correct copy of Plaintiffs' Preliminary Objection to Defendant's Preliminary Objections via U.S. Mail, postage paid upon the following: Grace E. D'Alo MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17103 Attorney for Defendant Jennifer M. Barta Jonathan Kunkler 22234 Edgewater Drive Port Charlotte, FL 33952 0011-ho&!4 ", Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Cm NO ;to & .3. Z gj". 2m ` ?p ?o _ N Z n Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Telephone (717) 540-9170 Facsimile (717) 540-5481 Attorney for Plaintiffs JOSEPH F. BORING and : IN THE COURT OF COMMON PLEAS STEPHANIE L. BORING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 0% - 5o1S(o alvi t VEr'M JENNIFER M. BARTA and JONATHAN KUNKLER, CIVIL ACTION - LAW Defendants IN CUSTODY/VISITATION ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2008, at _.m., 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. FOR THE COURT: Date: Custody Conciliator The court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 C,7 CQ T1 Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 -,1? SERRATELLI SCHIFFMAN BROWN & CALHOON t^y 2080 Linglestown Road -i7 .1" -r1 Suite 201 Harrisburg, PA 17110 Telephone (717) 540-9170 Facsimile (717) 540-5481 Attorney for Plaintiffs JOSEPH F. BORING and STEPHANIE L. BORING, Plaintiffs V. JENNIFER M. BARTA and JONATHAN KUNKLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : IN CUSTODYNISITATION COMPLAINT FOR CUSTODY Plaintiffs are Joseph F. Boring and Stephanie L. Boring, adult individuals who currently reside at 978 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Jennifer M. Barta, an adult individual who currently resides at 1332 Pitt Street, P.O. Box 434, Jennerstown, Somerset, Pennsylvania 15547. Ms. Barta, although never an "official" party to a custody action, has acted as the sole legal and physical custody caregiver for the subject minor child since her birth. 3. Defendant is Jonathan Kunkler, an adult individual who is believed to reside at 23466 Charleston Circle, Apartment 204, Fort Charlotte, Florida 33980. It is believed that Mr. Kunkler is attempting to enlist in the United States Army. He has never exercised any type of custody over the subject minor child. Counsel for Plaintiffs has been provided with a cellular telephone number for Mr. Kunkler and counsel has left several voicemail messages asking him to return her call. To date, no response has been received. 4. Plaintiffs seek shared legal custody with Jennifer M. Barta and primary physical custody of the following child: Name Present Residence Date of Birth Emily Nicole Barta 978 Eppley Road November 20, 2001 Mechanicsburg, PA (6 years old) The child was born out of wedlock. The child is presently in the custody of Plaintiffs who reside at 978 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 and has been since July 14, 2008. 5. During the past five years, the child has resided with the following persons and at the following addresses: A. Plaintiff Joseph F. Boring Plaintiff Stephanie L. Boring 978 Eppley Road Mechanicsburg, Pennsylvania July 14, 2008 - Present B. Dorothy and Richard Kunkler (paternal great-grandparents) 1212 Marina Court Lewisville, Texas August 2007 - July 14, 2008 C. Colleen Brennan and Donald Boring (mother's friends) 61 North Thomas Avenue Kingston, Pennsylvania May 2007 - August 2007 D. Royce and Loray Moore (maternal aunt and uncle) Hyndman, Pennsylvania April 2007 - May 2007 E. Rebecca (mother's friend) Jennerstown, Pennsylvania December 2006 - April 2007 F. Defendant Jennifer M. Barta Half-sister, Hannah Plaintiffs are unaware of the complete addresses that Defendant and the children resided in for the past five-year period. On several occasions, Defendant and the children resided in motels and friends' residences. These stays were usually for no longer than 3-6 months at a time. Hannah, as of December 2006, resides with her father in Harrisburg, Pennsylvania. 2003 - December 2006 6. The mother of the subject minor child is Jennifer M. Barta, who currently resides at 1332 Pitt Street, P.O. Box 434, Jennerstown, Somerset County, Pennsylvania 15547. She is single. 7. The father of the subject minor child is Jonathan Kunkler, who is currently believed to be residing at 23466 Charleston Circle, Apartment 204, Fort Charlotte, Florida 33980. He is believed to be single. 8. There is no familial relationship between Plaintiffs and the minor subject child. Plaintiffs are merely friends of Defendant Jennifer M. Barta and have agreed in the absence of any other adult individuals willing to accept the subject minor child into their home, have agreed to do so. The only members of Plaintiffs' household are themselves and the subject minor child. 9. The relationship of Defendant Jonathan Kunkler to the subject minor child is that of Father. It is unknown whether Defendant resides with anyone. He has never had significant contact with the child and has not been in contact with Defendant Jennifer M. Barta for several years. 10. The relationship of Defendant Jennifer M. Barta to the subject minor child is that of Mother. Defendant Jennifer M. Barta resides at 1332 Pitt Street, P.O. Box 434, Jennerstown, Somerset County, Pennsylvania 15547. She does not reside with anyone. 11. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the subject minor child in this or another court. Plaintiffs have no information of a custody proceeding concerning the subject minor child pending in a court of this Commonwealth. Plaintiffs do not know of a person not a party to the proceedings that have physical custody of the subject minor child or claims to have custody or visitation rights with respect to the subject minor child. 12. The best interest and permanent welfare of the subject minor child will be served by granting the relief requested because: A. Approximately two years ago, in December 2006, Defendant Jennifer M. Barta and her two daughters were residing at a motel. The motel owner reported Defendant Jennifer M. Barta to Somerset County Children and Youth Services neglect/abuse. After the report was filed, Hannah went to live with her father, Maurice Gamble, in Harrisburg, Pennsylvania, and Defendant Jennifer M. Barta removed herself from the motel. Emily remained at the motel with the motel owner and her children. During her stay with the motel owner, which lasted for approximately five months, Emily was paddled and made to sleep in the basement, which still gives her nightmares to this day. Emily was then sent to stay with her aunt and uncle for two months in Hyndman (Bedford County). From there, she was transferred to friends for four months in Kingston (Luzerne County), where it was suggested after Luzerne County Children and Youth Services, involvement, that she be moved once again. Finally, Emily was sent to stay with her great-grandparents in Lewisville, Texas, for a period of one year. On July 14, 2008, due to various reasons, i. e., the great-grandparents failing health, Emily's inability to adjust to life in Texas, missing her family and her half-sister, etc., she came back to Pennsylvania, at which time, Plaintiffs agreed, at Defendant Jennifer M. Barta's request, to take her into their home and raise her. B. Plaintiffs have provided a nurturing, loving and stable home environment for the child and should not be removed from Plaintiffs' care. C. It is believed that both Defendant Jennifer M. Barta and Defendant Jonathan Kunkler will sign a Stipulation providing Plaintiffs with primary physical custody of the subject minor child, or testify to their consent in court. D. And other reasons which may fully appear at conference. 13. Each parent whose parental rights to the child, which have not been terminated, and the persons who have physical custody of the child, have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiffs, Joseph F. Boring and Stephanie L. Boring, request this Honorable Court grant them shared legal custody with Defendant Jennifer M. Barta and primary physical custody of the child, Emily Nicole Barta, subject to periods of custody with Defendant Jennifer M. Barta and Defendant Jonathan Kunkler. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON 001qq"L-Vu32k Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiffs VERIFICATION Upon my personal knowledge, information and belief, I, Joseph F. Boring, do hereby verify that the facts averred and statements made in the foregoing Complaint are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: !F' R6 --OF By. J ep . Boring VERIFICATION Upon my personal knowledge, information and belief, I, Stephanie L. Boring, do hereby verify that the facts averred and statements made in the foregoing Complaint are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: g' 2-& _ 2- 00'? By: , A-U"nAs A Steph e L. Boring • • f I n fV C=zk C Co Cara A. Boyanowski, Esquire r-- SERRATELLI SCHIFFMAN BROWN & CALHOON = J : -. ? i ++ _C17 ?7 2080 Linglestown Road _. . . r=; j Suite 201 Harrisburg PA 17110 - ? -' , (717) 540-9170 (telephone) it w z rn (717) 540-5481 (facsimile) -- --4 cboyanowskiAssbc-law.com Attorney for Plaintiffs JOSEPH F. BORING and : IN THE COURT OF COMMON PLEAS STEPHANIE L. BORING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. JENNIFER M. BARTA and JONATHAN KUNKLER, Defendants : NO. 2008-5236 : CIVIL ACTION -LAW : IN CUSTODYNISITATION AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law, states the following: I am the attorney for Joseph F. Boring and Stephanie L. Boring, the Plaintiffs in the above-captioned child custody action. 2. Pursuant to my complaint in custody, the Court of Common Pleas of Cumberland County appointed Jacqueline M. Verney, Esquire, as Custody Conciliation Officer, and scheduled a custody conciliation conference for October 2, 2008. 3. On or about September 11, 2008, I forwarded a certified copy of the Order of Court scheduling the custody conciliation conference, by certified mail, return receipt requested, as well as, a copy of the custody complaint, on or about September 8, 2008 to Defendant, Jennifer M. Barta, at 1332 Pitt Street, P.O. Box 434, Jennerstown, PA 15547. A true and correct copy of the Domestic Return Receipt (PS Form 3811), signed by Jennifer M. Barta, is attached hereto as Exhibit "A." 4. As evidenced by her signature, Ms. Barta received the Order of Court scheduling the custody conciliation conference on September 15, 2008. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON, P.C. By: Cara A. Boyanows i, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiffs ¦ Complete Items 1, 2, and 3. Also complete' item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed top'. ,?d f lua, 1332 V%vk SAX p:o. bu x ?A--Y1 pA 1564-- - I I ? x dL B.'Steceivd5 by (Fhh?ted Nbnre) NM-70- D.ioddveryaddressarmentftmitsmi? XnAL &,,A ? Yes If YES, enter delivery address below, -No 3. Ser!jlpe Type Meg ? Express mail JISZ? 13 Registered 13 Realm Receipt for Merchandise ? Insured Mail ? c.o.D. 4. Restricted Delivery? (Extra Fee) 13 Yes 2. Article Number (rransf rftMservketebeq 7007 0710 0000 4886 3980 08 Form 3811, February 2004 Domestic Return Receipt 102595-02-WIS40 ? ^" .._ c ??, " ' } -t r ; r } - .? ? ,'? .._. ?A ?f_?-j . w ??F ^"? ? r?P"b Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Telephone (717) 540-9170 Facsimile (717) 540-5481 Attorney for Plaintiffs JOSEPH F. BORING and STEPHANIE L. BORING, Plaintiffs v. JENNIFER M. BARTA and JONATHAN KUNKLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODYNISITATION MOTION FOR LEAVE OF COURT TO CALL WITNESS VIA "TELEPHONE AT TRIAL AND NOW, come the Plaintiffs, Joseph F. Boring and Stephanie L. Boring, by and through their attorney, Cara A. Boyanowski, Esquire, and aver as follows: 1. Plaintiffs, Joseph F. Boring and Stephanie L. Boring, wish to call caseworker, Jennifer Custer, of the Somerset County Children and Youth Services office as a fact witness at the trial scheduled in this matter. 2. Ms. Custer is the caseworker assigned to the Barta family in Somerset County. I. Ms. Custer is presently over eight months pregnant and to request she travel from Somerset County to Cumberland County to testify in person at the trial scheduled in this matter would be a physical hardship for her. 4. Counsel for Plaintiffs contacted opposing counsel via letter on November 4, 2008 requesting counsel's concurrence in the request to call Ms. Custer to testify via telephone during the trial. A true and correct copy of the undersigned counsel's November 4, 2008 letter is attached hereto and is market as Exhibit "A." 5. On November 10, 2008, the undersigned counsel received a telephone call from opposing counsel advising that she had no objection to Plaintiffs' request to have Ms. Custer testify via telephone during the trial. 6. Plaintiffs are prepared, if necessary, to place the call to Ms. Custer at their financial expense. 7. Plaintiffs will be prejudiced in presenting their case if Ms. Custer is unable to testify via telephone, as she is not in a physical condition to drive from Somerset County to Cumberland County to testify in person. Conversely, Defendant will not be prejudiced by Ms. Custer testifying by telephone. WHEREFORE, Plaintiffs, Joseph F. Boring and Stephanie L. Boring, respectfully request this Honorable Court enter an order permitting them to call Jennifer Custer of the Somerset County Child and Youth Services office to testify on their behalf at the trial scheduled in this matter on Thursday, November 10, 2008, via telephone. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certify that on this 10th day of November 2008, 1 served a true and correct copy of Plaintiffs' Motion for Leave of Court to Call Witness Via Telephone at Trial via U.S. Mail, postage paid upon the following: Grace E. D'Alo MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17103 (Attorney for Defendant Jennifer M. Barta) Jonathan Kunkler 22234 Edgewater Drive Port Charlotte, FL 33952 Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 r C? 0z p 1 m Q r v??Z mm ?o z A M . % CARA A. BOYANOWSKI (717) 540-9170, Ext. 2925 November 4, 2008 VIA FAX & US MAIL Grace E. D'Alo, Esquire MID PENN LEGAL SERVICES 401 East Louther Street Carlisle, PA 17013 RE: Boring v. Barta and Kunkler Our File No. 08-347 Dear Attorney D'Alo: cboyanowski@ssbc-Iaw.com Please be advised that I wish to have Caseworker Jennifer Custer from Sommerset County Children and Youth testify at the upcoming custody hearing in the above-referenced matter. Due to the distance between Sommerset County and Cumberland County, I am seeking your concurrence to have Ms. Custer present her testimony telephonically. Please contact my office to let me know if you agree to my request. Thank you for your kind attention and I look forward to hearing from you. Sincerely yours, SUITE 201 2080 LINGLESTOWN ROAD HARRISBURG, PA 17110-9670 FAX (717) 540-5481 SERRATELLI SCHIFFMAN BROWN & CALHOON ()akra ffiABaoya?noaws i CAB/ted cc: Joseph and Stephanie Boring Jonathan Kunkler ^,.? n s.,. .. '--1 _ i {-,.. 5 NOV 17 20080 JOSEPH F. BORING : IN THE COURT OF COMMON PLEAS OF and STEPHANIE L. BORING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION-LAW JENNIFER BARTA and : NO. 2008-5236 JONATHAN KUNKLER, Defendants : IN CUSTODY ORDER AND NOW, this 4 day of November, 2008, it is hereby ORDERED and DECREED, with respect to the matters before this Court in the above-captioned case that: 1. The Preliminary Objections filed by Defendant Jennifer Barta on October 15, 2008, are dismissed. 2. The Children's Advocacy Clinic of Penn State Dickinson School of Law is appointed to serve as the Guardian Ad Litem for Emily Barta, born on November 20, 2001. 3. Cumberland County Children and Youth Agency is ordered to open an active case file for Jennifer Barta and is directed to work cooperatively with Somerset County Children and Youth to develop a plan around reunification of Emily Barta with her mother, the Defendant, Jennifer Barta. 4. The Court directs Cumberland County Children and Youth to convene a Family Resource Group meeting to effectuate this reunification goal. At a minimum, the following people should participate in the Family Group Resource meeting: a. Jennifer Barta; b. Stephanie and Joseph Boring; c. Rebecca and Larry Burkett; d. Cindy Sniscak or an appropriate representative from the Beech Street Program that Emily attends; e. Jennifer Custer, Amy Briskey or an appropriate representative from Somerset County Children and Youth. f. Beth Browning or an appropriate representative from Cumberland County Children and Youth; g. An appropriate representative from the Children's Advocacy Clinic. 5. The list in paragraph 4 above is not exclusive and any other person may participate based on the Group's decisions. 6. Until a new plan is developed and complied with, this Court's Order of November 7, 2008, will remain in full force and effect. 7. This Court will retain jurisdiction of this matter unless and until it is requested to transfer jurisdiction. Distribution: Cara Boyanowski Grace E. D'Alo John Dougherty Somerset County Children and Youth Cumberland County Children and Youth Children's Advocacy Clinic M.L. Ebert, Jr., Judge ?? : PV' S6- AQ'N ? j 3 Z JOSEPH F. BORING and STEPHANIE L. BORING, Plaintiffs V. JENNIFER BARTA and JONATHAN KUNKLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2008-5236 IN CUSTODY PETITION TO MODIFY COURT ORDER AND NOW, comes the Children's Advocacy Clinic as Guardian Ad Litem for the minor child in the above-captioned matter, and respectfully requests that this Honorable Court modify the Order of Court, entered November 24, 2008, as follows: 1. On November 24, 2008, the Honorable M.L. Ebert, Jr. entered an Order of Court in the above-captioned matter. 2. In Paragraph 2 of the November 24, 2008 Order of Court, the Children's Advocacy Clinic was appointed to serve as Guardian Ad Litem for the minor child, Emily Barta, born November 20, 2001. 3. The Guardian Ad Litem is seeking a more expansive appointment that would allow the Guardian Ad Litem to have access to information in order to determine what is in the best interests of the minor child. 4. The Guardian Ad Litem respectfully requests that this Honorable Court modify Paragraph 2 of the Order of Court as follows: "The Children's Advocacy Clinic of Penn State Dickinson School of Law is appointed to serve as the Guardian Ad Litem for Emily Barta, born on November 20, 2001. As Guardian Ad Litem for the minor child, the Children's Advocacy Clinic shall have full access to all education, medical, child welfare agency and mental health records relating to the minor child." 5. In addition, the Guardian Ad Litem is seeking clarification on Paragraph 6 of the November 24, 2008 Order of Court, which references a November 7, 2008 Order of Court. However, there is no Order of Court for this action from November 7, 2008. The Order of Court, which the Court was referencing, was entered on October 7, 2008 and amended on October 13, 2008. 6. The Guardian Ad Litem respectfully requests that this Honorable Court modify Paragraph 6 of the Order of Court as follows: "Until a new plan is developed and complied with, this Court's Order of October 7, 2008, amended by Order of October 13, 2008, will remain in full force and effect." 7. In accordance with C.C.R.P. 208.2(d), the concurrence of opposing counsel of record was sought, with the following responses: Counsel for Plaintiffs was contacted and concurrence was received; Counsel for Mother was contacted and concurrence was received; Father (Pro Se) was contacted, but no response was received. WHEREFORE, the Guardian Ad Litem respectfully requests that this Honorable Court enter an Order of Court with the aforementioned modifications, which are incorporated in the attached proposed Order of Court. We'Lawrence, Esq. Lucy Johnston-Walsh, Esq. CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone: (717) 243-2968 Fax: (717) 243-3639 JOSEPH F. BORING and STEPHANIE L. BORING, Plaintiffs V. JENNIFER BARTA and JONATHAN KUNKLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008-5236 IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 18th day of December, 2008, I, Kate Lawrence, Esq., hereby certify that I served a true and correct copy of the Petition to Modify Court Order on the following parties by depositing a copy of the same in the United States mail: Cara Boyanowski, Esq. Counsel for Plaintiffs Serratelli Schiffinan Brown & Calhoon, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Grace E. D'Alo, Esq. Counsel for Mother MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Jonathan Kunkler Father (Pro Se) 22234 Edgewater Drive Port Charlotte, FL 33952 AateLawreynce, 'fully Submitted, Esq. Lucy Johnston-Walsh, Esq. CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone: (717) 243-2968 Fax: (717) 243-3639 is -t? co ? ?- -rn JOSEPH F. BORING and STEPHANIE L. BORING, Plaintiffs V. JENNIFER BARTA and JONATHAN KUNKLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-5236 IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow the Children's Advocacy Clinic to proceed in forma pauperis. The Children's Advocacy Clinic certifies that we are representing the minor child in the above- captioned matter as Guardian Ad Litem. Because a child has no source of income, our client is unable to pay the costs and we are providing free legal service. Date: December 18, 2008 Respectfully Submitted, "date Lawrence, Esq. Lucy Johnston-Walsh, Esq. CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone: (717) 243-2968 Fax: (717) 243-3639 ?? ? c3 --r m y CIO y -C` r,.7 .. DECC 19 20M6-n JOSEPH F. BORING : IN THE COURT OF COMMON PLEAS OF and STEPHANIE L. BORING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW JENNIFER BARTA and : NO. 2008-5236 JONATHAN KUNKLER, Defendants : IN CUSTODY ORDER OF COURT AND NOW, this day of t cc.t*W , 2008, it is hereby ORDERED and DECREED, with respect to the matters before this Court in the above-captioned case, that the Order of Court entered November 24, 2008, shall be vacated and the following shall be decreed: 1. The Preliminary Objections filed by Defendant Jennifer Barta on October 15, 2008, are dismissed. 2. The Children's Advocacy Clinic of Penn State Dickinson School of Law is appointed to serve as the Guardian Ad Litem for Emily Barta, born on November 20, 2001. As Guardian Ad Litem for the minor child, the Children's Advocacy Clinic shall have full access to all education, medical, child welfare agency and mental health records relating to the minor child. 3. Cumberland County Children and Youth Agency is ordered to open an active case file for Jennifer Barta and is directed to work cooperatively with Somerset county Children and Youth to develop a plan around reunification of Emily Barta with her mother, the Defendant, Jennifer Barta. 4. The Court directs Cumberland County Children and Youth to convene a Family Resource Group meeting to effectuate this reunification goal. At a minimum, the following people should participate in the Family Group Resource meeting: a. Jennifer Barta; b. Stephanie and Joseph Boring; c. Rebecca and Larry Burkett; d. Cindy Sniscak or an appropriate representative from the Beech Street Program that Emily attends; e. Jennifer Custer, Amy Briskey or an appropriate representative from Somerset County Children and Youth; f. Beth Browning or an appropriate representative from Cumberland County Children and Youth; g. An appropriate representative from the Children's Advocacy Clinic. 5. The list in paragraph 4 above is not exclusive and any other person may participate based on the Group's decisions. 6. Until a new plan is developed and complied with, this Court's Order of October 7, 2008, amended by Order of October 13, 2008, will remain in full force and effect. 7. This Court will retain jurisdiction of this matter unless and until it is requested to transfer jurisdiction. BY THE COURT: M. L. Ebert, Jr., Judge ,? 1 ti e? ll? ? ,` ?: ? ?V ? ? .r 4. I ? ?1?lnn> . Distribution: (ZCara Boyanowski, Esq., Serratelli Schiffinan Brown & Calhoon, P.C., Counsel for Plaintiffs 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110 race E. D'Alo, Esq., MidPenn Legal Services, Counsel for Mother 401 E. Louther Street, Carlisle, PA 17013 /onathan Kunkler, Father (Pro Se) /Ucy Johnston-Walsh, Esq., Children's Advocacy Clinic, Guardian Ad Litem for Minor Child /ohn Dougherty, Esq., Ira H. Weinstock, P.C. 800 North Second Street, Harrisburg, PA 17102 22234 Edgewater Drive, Port Charlotte, FL 33952 45 North Pitt Street, Carlisle, PA 17013 i ?° Clly Barrick, Cumberland County Children and Youth 16 West High Street, Suite 200, Carlisle, PA 17013 /Te'nnifer Custer and Amy Briskey, Somerset County Children and Youth 300 North Center Avenue, Suite 220, Somerset, PA 15501