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HomeMy WebLinkAbout09-0553ROBERT MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 09<-553 Civil Term BRIAN BARRICK, : IN CUSTODY Defendant 1. Plaintiff is Robert Miller, who currently resides at 124 Tower Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Brian Barrick, who is currently believed to reside in Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff is the step-father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Andrew J. Barrick 3/30/2002 124 Tower Circle, Carlisle, Pa. 17013 Natural Mother, Jessica Miller, was deceased on December 28, 2008. Plaintiff currently has physical custody of the child and stands in loco parentis to the child. CUSTODY COMPLAINT During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Robert Miller 124 Tower Circle Zacherie Cordell Armold, half-brother, (12) Jessica Miller 124 Tower Circle Robert Miller Carlisle, Pa. 17013 Zacherie Cordell Armold, half-brother, (12) 12/28/08 - present Carlisle, Pa. 17013 2003 - 12/28/08 The mother of the child Jessica Miller. She is deceased. The father of the child is Brian Barrick. He currently resides in Newville, Pennsylvania. 4. The relationship of plaintiff to the child is that of step-father. The plaintiff currently resides with the child and his half-brother. 5. The relationship of defendant to the child is that of Natural Father. Plaintiff does not know who lives with the defendant. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is the step-father of the child and has lived with the child since 2003 when he married mother. Natural Father has not had contact with the child since 2004. Mother died on December 28. 2008. Plaintiff stands in loco parentis to the child, and is currently requesting a custody order confirming his physical and legal custody of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. child. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the owe 1130109 Respectfully submitted, J Adams, Esquire D No. 79465 1 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. -&- aw Date: ?^ gyp' Robert Miller, Plaintiff w o t A ROBERT MILLER PLAINTIFF V. BRIAN BARRICK DEFENDANT IN THE COURT OF COM ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-553 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 09, 2009 , upon consideratic it is hereby directed that parties and their respective counsel appear before John J.1\ at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, Mai for a Pre-Hearing Custody Conference. At such conference, an effort will be made t if this cannot be accomplished, to define and narrow the issues to be heard by the co order. Failure to appear at the conference may provide grounds for entry of a tempo The court hereby directs the parties to furnish any and all existing Pri Special Relief orders, and Custody orders to the conciliator 48 hours prior to FOR THE COURT, By: /s/ , john.1, Mangan, Lh, J Custody Conciliator n of the attached Complaint, angan, Jr., Esq. , the conciliator, h 19, 2009 at 10:00 AM resolve the issues in dispute; or rt, and to enter into a temporary ry or permanent order, n from Abuse orders, uled hearing. The Court of Common Pleas of Cumberland County is required by la to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and rea onable 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 O CE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPH NE 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 ( 4 i1 x Ji, ?1???t.?l 4i •4 ,..:iM 1 S • 1 Wd b-- 83A 600Z A,.,. MAR 19 2009 ROBERT MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-553 CIVIL ACTION LAW BRIAN BARRICK, IN CUSTODY Defendant ORDER OF COURT AND NOW this Ld' day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Step-Father, Robert Miller, shall have sole legal custody of Andrew J. Barrick, born 03/30/2002. Robert Miller shall have the right to make any and all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Robert Miller shall have the right to make any and all emergency decisions affecting the Child's well being. 2. Physical Custody: Step-Father, Robert Miller, shall have sole primary physical custody of the Child. Father, Brian Barrick, shall have contact with the Child at Step-Father's discretion and agreement. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control Ze 'bution: Adams, Esquire nan Barrick, 175 Beetem Hollow Rd., Newville, PA 1724 ?ohn J. Mangan, Esquire By the Court, i cr? s w? C0- w r-, LLJ 0 r 0 cv C G= C= csa r i? U ROBERT MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-553 CIVIL ACTION LAW BRIAN BARRICK, IN CUSTODY Defendant CUSTODY CONCELIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currgntly in the Custody of Andrew J. Barrick 03/30/2002 Solely Step-father 2. A Conciliation Conference was held with regard to this matter on March 19, 2009 with the following individuals in attendance: The Step-father, Robert Miller, with his counsel, Jane Adams, Esq. The Father, Brian Barrick, did not appear. 3. The Mother of the Child, Jessica Miller deceased on 12/28/2008. Step-father, Robert Miller, has been the father figure in the Child's life essentially the Child's entire, life. Step-father currently lives with the Child, Andrew Barrick, and another adopted Child who is twelve years old. Step-father is currently employed and has family support to care for the Child. Step-father is requesting legal authority to have care and custody of the Child. The Child views Step-father as his natural father. Biological Father, Brian Barrick, despite having proper service of the custody complaint has opted to not appear for the conference. Father has not had any contact with the Child in approximately five years. Father is a registered Megan's Law Offender and has indicated to Step-father's counsel that he is willing to consent to an adoption for the Child. 4. The undersigned recommends the entry of an Order in the form as attached. Date Jo gan , Esquire C Z Conciliator f 1' STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff BRIAN L. BARRICK, DEBRA HOSTLER and LORRIENE KELLY & THOMAS H. KELLY, III MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 42478 61 West Louther Street Carlisle, Pa 17013 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. NO. 09-553 Civil Term ROBERT MILLER, Defendant CIVIL ACTION-CUSTODY PETITION TO MODIFY CUSTODY ORDER Plaintiffs are Brian L. Barrick, Debra Hostler, Lorriene Kelly and Thomas H. Kelly, III. 2. Debra Hostler (hereinafter Plaintiff Hostler), maternal aunt of minor child, Andrew Barrick, resides at 44 Marsh Drive, Carlisle, Cumberland County, Pennsylvania. Lorriene Kelly (hereinafter Plaintiff L. Kelly) maternal aunt of minor child, Andrew Barrick, and her husband, Thomas H. Kelly, III (hereinafter Plaintiff T. Kelly), reside at 1212 Biddle Drive, Carlisle, Cumberland County, Pennsylvania. 4. Brian L. Barrick (hereinafter Plaintiff B. Barrick), biological father of minor child, Andrew Barrick, resides at 175 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. Y l) 1 5. Defendant is Robert Miller, also known as Leroy Miller (hereinafter Defendant Miller), who resides at 124 Tower Circle, Carlisle, Cumberland County, Pennsylvania. He is the widower of Jessica Miller and stepfather of the minor child, Andrew Barrick. 6. Andrew Barrick, born on March 30, 2002 is a minor child whose mother, Jessica Miller, died on December 28, 2008. 7. Andrew Barrick, a minor child, resides with Plaintiff Hostler, Plaintiff L. Kelly and Plaintiff T. Kelly and Defendant Miller on a rotating basis. 8. Plaintiffs seek Sole Legal and Physical Custody of the minor child, Andrew Barrick. 9. Plaintiff B. Barrick, the biological father of the minor child, Andrew Barrick, seeks to have sole custody of the child granted to Plaintiffs Hostler and L. Kelly, maternal aunts of the minor child and Plaintiff L. Kelly's husband Plaintiff T. Kelly. 10. Defendant Miller sued the biological father, Plaintiff B. Barrick, for custody of Andrew Barrick on January 30, 2009, a copy of that Complaint is attached as Exhibit «A » 11. In the Custody Complaint, defendant fails to identify Plaintiffs Hostler, L. Kelly and T. Kelly as parties who spend a substantial amount of time and money caring for minor child, Andrew Barrick and maintaining a sustained emotional, loving relationship with minor child, Andrew Barrick. 12. Attorney Jane Adams represented Defendant Miller in filing the Custody Complaint. 13. Attorney Jane Adams represented Jessica Miller in her divorce from Plaintiff B. Barrick. Plaintiff B. Barrick was not represented by counsel in this proceeding. ! e 2 14. Attorney Jane Adams represented Plaintiff B. Barrick in a criminal matter that resulted in his conviction and registration under Megan's Law. 15. Through the course of her representation, Attorney Jane Adams was receiving privileged and confidential information from Plaintiff B. Barrick. 16. Through the course of her representation of both Plaintiff B. Barrick and Jessica Miller, attorney Jane Adams met and was aware of the family relationships of Ms. Miller sisters and her brother-in-law, Plaintiffs Hostler, L. Kelly and T. Kelly. 17. Attorney Adams informed Plaintiff B. Barrick that he did not have to appear at the custody hearing. 18. Plaintiff B. Barrick contacted Mid-Penn Legal Services and attempted to retain counsel. 19. Plaintiff B. Barrick was told by Mid-Penn Legal Services that the only attorney available to him was Attorney Jane Adams. 20. Plaintiff B. Barrick is deeply concerned about the welfare of his son. 21. Plaintiff B. Barrick was told by Attorney Jane Adams that he would receive copies of any papers from the custody hearing. 22. Plaintiff B. Barrick has not received any copies of the custody order that was issued and instead received two copies of a Petition to Terminate Father's Rights and Petition for Adoption which Plaintiff B. Barrick had not consented to sign. 23. The Custody Complaint contains numerous essential misrepresentations, omissions and falsehoods. 24. The Custody Conciliation Summary Report states that the "Father has not had any contact with the Child in approximately five years." a d a 25. In fact, the father, Plaintiff B. Barrick had regularly visited with the minor child A. Barrick with the natural mother Jessica Miller up to Spring of 2008. 26. In Spring, 2008, an adult male moved in and also resided with Defendant Miller and Jessica Miller along with the two children. The visits by the father Plaintiff B. Barrick ceased at this time. 27. In the Custody Conciliation Summary Report, it is falsely stated that "Robert Miller, has been the father figure in the Child's life essentially the Child's entire life." 28. The biological father, Plaintiff B. Barrick, lived with the child A. Barrick and the child's mother in the same household from the time of the child's birth until he was two years old. 29. Plaintiff B. Barrick then regularly visited with child until Spring 2008 when the addition of another male in the household resulted in a stopping of visitation rights. 30. The Custody Conciliation Summary Report stated that the biological father, Plaintiff B. Barrick "has indicated to Step-father's counsel that he is willing to consent to an adoption for the Child." 31. Plaintiff B. Barrick never stated that he is willing to consent to an adoption by Defendant Miller of the minor child A. Barrick and did not return the adoption papers to Jane Adams, counsel for Defendant Miller. 32. Due to Plaintiff Barrick's absence, the court in the custody hearing of January 2009 did not rule upon the fitness of Defendant Miller as a father to minor child, Andrew Barrick, only granting custody to Defendant Miller by default. 33. Plaintiffs Hostler, L. Kelly and T. Kelly did not receive notice of the Custody Complaint and were not notified of the hearing. 44 34. Defendant Miller signed verification to the Complaint for Sole Custody that under penalty of perjury, all facts were true and correct. 35. Defendant Miller failed to state that minor child, Andrew Barrick, resided with Plaintiffs Hostler, L. Kelly and T. Kelly and that Plaintiffs have had physical custody and claims to custody. 36. Plaintiffs Hostler, L. Kelly and T. Kelly did not learn of the award of Sole Custody to Defendant Miller until they instituted the instant action for Custody. 37. Jessica Miller's death was due to chemical dependency when she resided with Defendant Miller. 38. Defendant Miller has a history of chemical dependency issues and in fact, met Jessica Miller while receiving inpatient treatment. 39. Plaintiffs Hostler, L. Kelly, T. Kelly and Defendant Miller have shared custody of the minor child, Andrew Barrick, following the death of the child's mother, Jessica Miller, on December 28, 2008. 40. In paragraph 3 of the Custody Complaint, there is a serious omission as to who the child has resided with over the past five years. The following should have been disclosed: Sadie Arnold 124 Tower Circle 2002 -2003 2004- 2007 41. In addition, Sadie Arnold, the maternal grandmother of the minor child, Andrew Barrick, has provided food, shelter, care and has enjoyed a loving close relationship with Andrew Barrick. t •1 42. Maternal Grandmother Sadie Arnold watches Andrew Barrick on a regular basis on Friday nights and Andrew sleeps over her home on these and other nights as needed. 43. Sadie Arnold was not listed in the custody complaint. 44. Maternal Grandmother Sadie Arnold was not notified of either the Custody Complaint or the Involuntary Termination of Parental Rights Petition that was recently filed by Defendant Miller. 45. During the past year, the minor child, Andrew Barrick, has resided with the following persons and at the following addresses: a. Jessica Miller and Defendant Miller who resided at 124 Tower Circle, Carlisle, Cumberland County, Pennsylvania - 2002- December 2008. b. Plaintiff Hostler, who resides at 44 Marsh Drive, Carlisle, Cumberland County, Pennsylvania - December 2008-present- shares custody with Plaintiff L. Kelly and Plaintiff T. Kelly from Saturday afternoon to Wednesday morning during the week, and also had custody of minor child, Andrew Barrick, on Saturdays before Jessica died. c. Plaintiffs L. Kelly and T. Kelly, who reside at 1212 Biddle Drive, Carlisle, Cumberland County, Pennsylvania - December 2008-present share custody with Plaintiff Hostler from Saturday afternoon to Wednesday morning during the week, also had custody of minor child, Andrew Barrick on Sundays before Jessica died. d. Defendant Miller who resides at 124 Tower Circle, North Middleton, Cumberland County, Pennsylvania - December 2008-present- has custody of .' , minor child, Andrew Barrick, from Wednesday through Saturday afternoon during the week. 46. Plaintiffs Hostler, L. Kelly and T. Kelly acted in loco parentis to the minor child prior to the death of his mother, Jessica Miller, which created a sustained, substantial and sincere interest in the welfare of the minor child, Andrew Barrick. 47. Plaintiffs Hostler, L. Kelly and T. Kelly cared for the child since his birth, whenever his mother was incapable of caring for the minor child due to her illnesses, both prior to her marriage to Defendant Miller and during the marriage. 48. Plaintiffs Hostler, L. Kelly and T. Kelly cared for the minor child, Andrew Barrick, every weekend from December 2008 to present. 49. Plaintiffs Hostler, L. Kelly, and T. Kelly have provided the minor child, Andrew Barrick, with a stable home, love, security, and care. 50. Plaintiffs Hostler, L. Kelly and T. Kelly never asked for nor received any money for the care of minor child, Andrew Barrick. 51. Plaintiffs have a sustained, substantial and sincere interest in the welfare of the minor child, Andrew Barrick. 52. Plaintiffs Hostler, L. Kelly and T. Kelly have demonstrated a deep concern for the welfare of the minor child in the past and continue to show deep concern for the welfare of the minor child, Andrew Barrick. 53. The relationship that exists between the minor child, Andrew Barrick, and the Plaintiffs Hostler, L. Kelly and T. Kelly is that of a parent-child relationship. 54. Defendant Miller has not demonstrated the capability to take care of the minor child, Andrew Barrick's special and normal needs: a. Andrew has a learning disability for which Defendant Miller has not taken part in the programs offered by Andrew's school. b. Andrew's school recommended him for occupational therapy for which Defendant Miller did not assist Andrew. c. Andrew lost his glasses, he has a lazy eye, and Plaintiff T. Kelly had to pressure Defendant Miller to get Andrew new glasses after two months. d. Andrew is again without his glasses and Defendant Miller has stated that the glasses are waiting for him to pick up. Plaintiffs contacted Allegheny Optical where previous glasses were dispensed under the insurance plan and none were ordered. When confronted, Defendant Miller lied about the glasses being ordered. e. Andrew requires treatment for an enlarged testicle which still has not been treated due to Defendant Miller's lack of concern. f. Andrew's school, Crestview Elementary, sends Andrew's paperwork to Plaintiff Hostler as she is the one who handles Andrew's paperwork. g. Defendant Miller has, in the past, failed to pick Andrew up from his bus stop. On at least one occasion Defendant Miller refused to pick Andrew up from school when he was called, and Plaintiff Hostler ultimately was called to pick him up. h. Defendant Miller does not have any food at his house, claiming that he takes the children out to eat for every meal when they are in his care and custody. i. Defendant Miller still has not paid the funeral expenses for Jessica, his deceased wife and mother of the minor, Andrew Barrick. j. Defendant Miller has a chemical dependency and he has a variety of strangers with similar habits invited to stay at his home at different times. k. Andrew is left at home alone while in Defendant Miller's "care" frequently, unsupervised and unfed while Defendant Miller sleeps during the day as he works nights. 1. Andrew and his brother, Zach, are dirty when they arrive at school on the days that Andrew resides with Defendant Miller. m. Defendant Miller failed to enroll Andrew in Camp Dragonfly for children coping with the loss of a parent, and Defendant Miller failed to seek counseling for Andrew, although it was suggested and favored by Plaintiffs and Andrew's teacher. n. Defendant Miller works night shifts at his job and is not able to supervise the minor child, Andrew Barrick, on nights when he works. 55. The best interest of the minor child, Andrew Barrick, will be served by granting the relief requested because it will allow the minor child to be properly cared for by adults who have a sustained, substantial and sincere interest in his welfare and who will provide the special care and attention that the child needs. 56. The relationship and bond between Plaintiffs Hostler, L. Kelly, T. Kelly and minor child Andrew Barrick is so strong that, even prior to his mother's death, Andrew resided at the Plaintiff's Hostler, L. Kelly and T. Kelly residences on weekends as well as at other times during each week. r ?? a 57. The natural father, Plaintiff Barrick, does not seek physical custody of his child, Andrew Barrick, as he believes that Plaintiffs Hostler, L. Kelly and T. Kelly should receive custody of the minor child, Andrew Barrick. 58. It is in the child's best interest to have sole custody granted to Plaintiffs Hostler, L. Kelly and T. Kelly. 59. Plaintiff Barrick feels that Plaintiffs Hostler, L. Kelly and T. Kelly would provide the best care for Andrew, due to their sustained, substantial relationship and the care that they have provided to the child since his birth. 60. Plaintiffs Barrick, Hostler, L. Kelly and T. Kelly have been informed of this current proceeding concerning the minor child, Andrew Barrick, and a Petition for Involuntary Termination of Father's Rights pending in Cumberland County court. 61. Plaintiffs Barrick, Hostler, L. Kelly and T. Kelly do not know of a person, not a party to the proceeding that has physical custody of the minor child or claims to have custody or visitation rights with respect to the minor child. 62. The best interest and permanent welfare of the minor child, Andrew Barrick, will be served by granting the relief requested because it will allow the minor child to have physical and emotional contact with his maternal aunts, and the parties that have acted in loco parentis to the minor child since the time of his birth, and who want to maintain their sustained, sincere and substantial role in his upbringing and in caring for his needs. 63. Plaintiffs Barrick, Hostler, L. Kelly and T. Kelly have a concern about the welfare of the minor child in that he is with his stepfather at times due to the fact that the stepfather/Defendant Miller has sole custody of the child despite the fact that the conditions in the Defendant Miller's home are deplorable, the care provided by the Defendant Miller is unhealthy, unsafe and inappropriate for the proper raising of a child, and the guests and visitors of the Defendant Miller's home contribute to a dangerous and poor environment for the raising of a child. 64. Plaintiff Barrick, the biological father of the minor child, Andrew Barrick, voices his concerns in this action and his desire to make sure that the welfare of the minor child is served by the granting of custody of the minor child to the Plaintiffs Hostler, L. Kelly and T. Kelly. WHEREFORE, Plaintiffs request the court grant sole legal and physical custody of the minor child, Andrew Barrick, to Plaintiffs Debra Hostler and Lorriene and Thomas H. Kelly, III. Respectfully submitted, :%-?0???- -? . Wargaret M. Stuski, Esgifire Pa. Sup. Ct. ID# 42478 61 West Louther Street Carlisle, Pennsylvania 17013 Counsel for the Plaintiffs t 11 1 EXHIBIT "A" ,1 y ROBERT MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. C 9 --553 Civil Term BRIAN BARRICK, IN CUSTODY Defendant 1. Plaintiff is Robert Miller, who currently resides at 124 Tower Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Brian Barrick, who is currently believed to reside in Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff is the step-father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Andrew J. Barrick 3/30/2002 124 Tower Circle, Carlisle, Pa. 17013 Natural Mother, Jessica Miller, was deceased on December 28, 2008. Plaintiff currently has physical custody of the child and stands in loco parentis to the child. CUSTODY COMPLAINT During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Robert Miller 124 Tower Circle Zacherie Cordell Armold, half-brother, (12) Jessica Miller 124 Tower Circle Robert Miller Carlisle, Pa. 17013 Zacherie Cordell Armold, half-brother, (12) 12/28/08 - present Carlisle, Pa. 17013 2003 - 12/28/08 e `' a The mother of the child Jessica Miller. She is deceased. The father of the child is Brian Barrick. He currently resides in Newville, Pennsylvania. 4. The relationship of plaintiff to the child is that of step-father. The plaintiff currently resides with the child and his half-brother. 5. The relationship of defendant to the child is that of Natural Father. Plaintiff does not know who lives with the defendant. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is the step-father of the child and has lived with the child since 2003 when he married mother. Natural Father has not had contact with the child since 2004 Mother died on December 28, 2008. Plaintiff stands in loco parentis to the child and is currently reguesting_a custody order confirming his physical and legal custody of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: 1130109 J Adams, Esquire .D No. 79465 1 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Robert Miller, Plaintiff Y ?Y ROBERT MILLER, Plaintiff V. BRIAN BARRICK, Defendant MAR 19 20098 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-553 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this 2 0' day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Step-Father, Robert Miller, shall have sole legal custody of Andrew J. Barrick, born 03/30/2002. Robert Miller shall have the right to make any and all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Robert Miller shall have the right to make any and all emergency decisions affecting the Child's well being. 2. Physical Custody: Step-Father, Robert Miller, shall have sole primary physical custody of the Child. Father, Brian Barrick, shall have contact with the Child at Step-Fither's discretion and agreement. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, D' re bution: Adams, Esquire ?Iobn Brian Barrick,175 Beetem Hollow Rd., Newville, PA 1724 J. Mangan, Esquire ROBERT MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-553 CIVIL ACTION LAW BRIAN BARRICK, IN CUSTODY Defendant CUSTODY CONCHJATION SUBEMARY REPORT IN ACCORDANCE WrM CUMBERLAND COUNTY RULE OF 0 DIM PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth QM*tly in the Custody of Andrew J. Barrick 03/30/2002 Solely Step-father 2. A Conciliation Conference was held with regard to this matter on March 19, 2009 with the following individuals in attendance: The Step-father, Robert Miller, with his counsel, Jane Adams, Esq. The Father, Brian Barrick, did not appear. 3. The Mother of the Child, Jessica. Miller deceased on 12/28/2008. Step-father, Robert Miller, has been the father figure in the Child's life essentially the Child's entire, life. Step-father currently lives with the Child, Andrew Barrick, and another adopted Child who is twelve years old. Step-father is currently employed and has family support to care for the Child. Step-father is requesting legal authority to have care and custody of the Child. The Child views Step-father as his natural father. Biological Father, Brian Barrick, despite having proper service of the custody complaint has opted to not appear for the conference. Father has not had any contact with the Child in approximately five years. Father is a registered Megan s Law Offender and has indicated to Step-father's counsel that he is willing to consent to an adoption for the Child. 4. The undersigned recommends the entry of an Order in the form as attached. Date Jro gan, Esquire C dConciliator t •? r VERIFICATION I, Brian L. Barrick verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4905 relating to unsworn falsification to authorities. (J /S%(ol Date Brian L. Barrick VERIFICATION I, Debra Hostler verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4905 relating to unsworn falsification to authorities. (u /ek) /09 Date Debra Hostler i ' VERIFICATION I, Lorriene Kelly verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4905 relating to unsworn falsification to authorities. Date Lorriene Kelly VERIFICATION I, Thomas H. Kelly, III verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4905 relating to unsworn falsification to authorities. 6 /3C,ZOq Date Thomas H. y, III •40% STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff BRIAN L. BARRICK, DEBRA HOSTLER and LORRIENE KELLY & THOMAS H. KELLY, III Plaintiffs V. ROBERT MILLER, Defendant NO. 09-553 Civil Term CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Margaret M. Stuski, Esquire, hereby certify that a copy of the Complaint was served upon Defendant's Attorney, this 3 day of , 2009, by first- class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa.R.C.P. 1930.4 (c) at the following: Jane Adams, iS ' 17 West South Street Carlisle, Pa 17013 Agaret M. St6skki, Es ire MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 42478 61 West Louther Street Carlisle, Pa 17013 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY R LE OF ?N €' '1,?o.?`? AMY 2009 JUN 30 Pal 3:34 #. # /,// - ?ld 7 Oj xla? STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff BRIAN L. BARRICK, DEBRA HOSTLER and LORRIENE KELLY & THOMAS H. KELLY, III MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 42478 61 West Louther Street Carlisle, PA 17013 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. NO. 09-553 Civil Term ROBERT MILLER, Defendant CIVIL ACTION-CUSTODY MOTION FOR EMERGENCY CUSTODY HEARING 1. Plaintiffs are Brian L. Barrick, Debra Hostler, Lorriene Kelly and Thomas H. Kelly, III. 2. Debra Hostler (hereinafter Plaintiff Hostler), maternal aunt of minor child, Andrew Barrick, resides at 44 Marsh Drive, Carlisle, Cumberland County, Pennsylvania. 3. Lorriene Kelly (hereinafter Plaintiff L. Kelly) maternal aunt of minor child, Andrew Barrick, and her husband, Thomas H. Kelly, III (hereinafter Plaintiff T. Kelly), reside at 1212 Biddle Drive, Carlisle, Cumberland County, Pennsylvania. 4. Brian L. Barrick (hereinafter Plaintiff B. Barrick), biological father of minor child, Andrew Barrick, resides at 175 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. Defendant is Robert Miller, also known as Leroy Miller (hereinafter Defendant Miller), who resides at 124 Tower Circle, Carlisle, Cumberland County, Pennsylvania. He is the widower of Jessica Miller and stepfather of the minor child, Andrew Barrick. He is represented by Jane Adams whose office is at 17 West South Street, Carlisle, Cumberland County, Pennsylvania. 6. Andrew Barrick, born on March 30, 2002 is a minor child whose mother, Jessica Miller, died on December 28, 2008. 7. Plaintiffs have filed a Petition to Reopen Default Judgment for Sole Custody, a copy of that Petition is attached as Exhibit "A." 8. The following have been filed in this and related matters: a. Complaint filed by Defendant Miller for custody of Andrew Barrick on January 30, 2009 b. March 20, 2009 Order of Court giving Defendant Miller sole legal and physical custody c. June 19, 2009 Petition for Involuntary Termination of Parental Rights Under Section 2512 of the Adoption Act seeking to terminate Plaintiff Barrick's parental rights d. June 19, 2009 Petition for Adoption seeking to establish Defendant Miller as Andrew Barrick's parent 9. Defendant has threatened to move out of the area, effectively making it much more difficult for any future custody proceedings to take place. 10. Defendant Miller has not demonstrated the capability to take care of the minor child, Andrew Barrick's special and normal needs: a. Andrew has a learning disability for which Defendant Miller has not taken part in the programs offered by Andrew's school. b. Andrew's school recommended him for occupational therapy for which Defendant Miller did not assist Andrew. c. Andrew lost his glasses, he has a lazy eye, and Plaintiff T. Kelly had to pressure Defendant Miller to get Andrew new glasses after two months. d. Andrew is again without his glasses and Defendant Miller has stated that the glasses are waiting for him to pick up. Plaintiffs contacted Allegheny Optical where previous glasses were dispensed under the insurance plan and none were ordered. When confronted, Defendant Miller lied about the glasses being ordered. e. Andrew requires treatment for an enlarged testicle, which still has not been treated due to Defendant Miller's lack of concern. f. Andrew's school, Crestview Elementary, sends Andrew's paperwork to Plaintiff Hostler as she is the one who handles Andrew's paperwork g. Defendant Miller has, in the past, failed to pick Andrew up from his bus stop. On at least one occasion Defendant Miller refused to pick Andrew up from school when he was called, and Plaintiff Hostler ultimately was called to pick him up. h. Defendant Miller does not have any food at his house, claiming that he takes the children out to eat for every meal when they are in his care and custody. i. Defendant Miller still has not paid the funeral expenses for Jessica, his deceased wife and mother of the minor, Andrew Barrick. j. Defendant Miller has a chemical dependency and he has a variety of strangers with similar habits invited to stay at his home at different times. k. Andrew is left at home alone while in Defendant Miller's "care" frequently, unsupervised, and unfed while Defendant Miller sleeps during the day as he works nights. 1. Andrew and his brother, Zach, are dirty when they arrive at school on the days that Andrew resides with Defendant Miller. m. Defendant Miller failed to enroll Andrew in Camp Dragonfly for children coping with the loss of a parent, and Defendant Miller failed to seek counseling for Andrew, although it was suggested and favored by Plaintiffs and Andrew's teacher. n. Defendant Miller works night shifts at his job and is not able to supervise the minor child, Andrew Barrick, on nights when he works. 11. Plaintiffs Hostler, L. Kelly and T. Kelly acted in loco parentis to the minor child prior to the death of his mother, Jessica Miller, which created a sustained, substantial and sincere interest in the welfare of the minor child, Andrew Barrick. 12. The best interest of the minor child, Andrew Barrick, will be served by granting the relief requested because it will allow the minor child to be properly cared for by adults who have a sustained, substantial and sincere interest in his welfare and who will provide the special care and attention that the child needs. 13. The relationship and bond between Plaintiffs Hostler, L. Kelly, T. Kelly and minor child Andrew Barrick is so strong that, even prior to his mother's death, Andrew resided at the Plaintiff s Hostler, L. Kelly, and T. Kelly residences on weekends as well as at other times during each week. 14. The natural father, Plaintiff Barrick, does not seek physical custody of his child, Andrew Barrick, as he believes that Plaintiffs Hostler, L. Kelly, and T. Kelly should receive custody of the minor child, Andrew Barrick. 15. Plaintiff Barrick feels that Plaintiffs Hostler, L. Kelly, and T. Kelly would provide the best care for Andrew, due to their sustained, substantial relationship and the care that they have provided to the child since his birth. 16. The best interest and permanent welfare of the minor child, Andrew Barrick, will be served by granting the relief requested because it will allow the minor child to have physical and emotional contact with his maternal aunts, and the parties that have acted in loco parentis to the minor child since the time of his birth, and who want to maintain their sustained, sincere, and substantial role in his upbringing and in caring for his needs. 17. Plaintiffs Barrick, Hostler, L. Kelly, and T. Kelly have a concern about the welfare of the minor child in that he is with his stepfather at times due to the fact that the stepfather/Defendant Miller has sole custody of the child despite the fact that the conditions in the Defendant Miller's home are deplorable, the care provided by the Defendant Miller is unhealthy, unsafe and inappropriate for the proper raising of a child, and the guests and visitors of the Defendant Miller's home contribute to a dangerous and poor environment for the raising of a child. 18. Plaintiff Barrick, the biological father of the minor child, Andrew Barrick, voices his concerns in this action and his desire to make sure that the welfare of the minor child is served by the granting of custody of the minor child to the Plaintiffs Hostler, L. Kelly, and T. Kelly. WHEREFORE, Plaintiffs request the Court immediately award them custody of the minor child Andrew Barrick pending a full custody hearing. In the alternative, Plaintiffs request any other relief that the Court deems appropriate. Respectfully submitted, Xgarr4eet. Stuski, s ire Pa. Sup. Ct. ID# 42478 61 West Louther Street Carlisle, Pennsylvania 17013 Counsel for the Plaintiffs STEPHANIE E. CHERTOK, ESQUIRE MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 42478 61 West Louther Street 61 West Louther Street Carlisle, Pennsylvania 17013 Carlisle, PA 17013 Attorney for Plaintiff Attorney for Plaintiff BRIAN L. BARRICK, DEBRA HOSTLER and LORRIENE KELLY & THOMAS H. KELLY, III Plaintiffs V. ROBERT MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND NO. 09-553 Civil Term CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esquire, do hereby certify that a true and correct copy of the Plaintiff s Motion for Emergency Custody Hearing in the above-captioned matter has been served upon the following persons on the ? day of , 2009, via first elass U.S. . fa-X Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 Attorney for Defendant Respectfully Submitted, / argaret . Stuski, Esquire Attorney for Plaintiff STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff BRIAN L. BARRICK, DEBRA HOSTLER and LORRIENE KELLY & THOMAS H. KELLY, III MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 42478 61 West Louther Street Carlisle, Pa 17013 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. NO. 09-553 Civil Term ROBERT MILLER, Defendant CIVIL ACTION-CUSTODY NOTICE TO PLEAD TO: Robert Miller c/o Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed within twenty (20) days from service hereof or a judgment may be entered against you. Date: 30 ?; Respectfully submitted, Counsel- for the Plaintiff Margaret M. Stuski, Esquire PA Supreme Court ID 42478 61 West Louther Street Carlisle, Pennsylvania 17013 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff BRIAN L. BARRICK, DEBRA HOSTLER and LORRIENE KELLY & THOMAS H. KELLY, III MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 42478 61 West Louther Street Carlisle, Pa 17013 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. ROBERT MILLER, Defendant ca ? T NO. 09-553 Civif germ - -77 CD CIVIL ACTION-CUSTODY _? - - J CO `zj PETITION TO MODIFY CUSTODY ORDER 1. Plaintiffs are Brian L. Barrick, Debra Hostler, Lorriene Kelly and Thomas H. Kelly, III. 2. Debra Hostler (hereinafter Plaintiff Hostler), maternal aunt of minor child, Andrew Barrick, resides at 44 Marsh Drive, Carlisle, Cumberland County, Pennsylvania. 3. Lorriene Kelly (hereinafter Plaintiff L. Kelly) maternal aunt of minor child, Andrew Barrick, and her husband, Thomas H. Kelly, III (hereinafter Plaintiff T. Kelly), reside at 1212 Biddle Drive, Carlisle, Cumberland County, Pennsylvania. 4. Brian L. Barrick (hereinafter Plaintiff B. Barrick), biological father of minor child, Andrew Barrick, resides at 175 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. 5. Defendant is Robert Miller, also known as Leroy Miller (hereinafter Defendant Miller), who resides at 124 Tower Circle, Carlisle, Cumberland County, Pennsylvania. He is the widower of Jessica Miller and stepfather of the minor child, Andrew Barrick. 6. Andrew Barrick, born on March 30, 2002 is a minor child whose mother, Jessica Miller, died on December 28, 2008. 7. Andrew Barrick, a minor child, resides with Plaintiff Hostler, Plaintiff L. Kelly and Plaintiff T. Kelly and Defendant Miller on a rotating basis. 8. Plaintiffs seek Sole Legal and Physical Custody of the minor child, Andrew Barrick. 9. Plaintiff B. Barrick, the biological father of the minor child, Andrew Barrick, seeks to have sole custody of the child granted to Plaintiffs Hostler and L. Kelly, maternal aunts of the minor child and Plaintiff L. Kelly's husband Plaintiff T. Kelly. 10. Defendant Miller sued the biological father, Plaintiff B. Barrick, for custody of Andrew Barrick on January 30, 2009, a copy of that Complaint is attached as Exhibit «A 11. In the Custody Complaint, defendant fails to identify Plaintiffs Hostler, L. Kelly and T. Kelly as parties who spend a substantial amount of time and money caring for minor child, Andrew Barrick and maintaining a sustained emotional, loving relationship with minor child, Andrew Barrick. 12. Attorney Jane Adams represented Defendant Miller in filing the Custody Complaint. 13. Attorney Jane Adams represented Jessica Miller in her divorce from Plaintiff B. Barrick. Plaintiff B. Barrick was not represented by counsel in this proceeding. 14. Attorney Jane Adams represented Plaintiff B. Barrick in a criminal matter that resulted in his conviction and registration under Megan's Law. 15. Through the course of her representation, Attorney Jane Adams was receiving privileged and confidential information from Plaintiff B. Barrick. 16. Through the course of her representation of both Plaintiff B. Barrick and Jessica Miller, attorney Jane Adams met and was aware of the family relationships of Ms. Miller sisters and her brother-in-law, Plaintiffs Hostler, L. Kelly and T. Kelly. 17. Attorney Adams informed Plaintiff B. Barrick that he did not have to appear at the custody hearing. 18. Plaintiff B. Barrick contacted Mid-Penn Legal Services and attempted to retain counsel. 19. Plaintiff B. Barrick was told by Mid-Penn Legal Services that the only attorney available to him was Attorney Jane Adams. 20. Plaintiff B. Barrick is deeply concerned about the welfare of his son. 21. Plaintiff B. Barrick was told by Attorney Jane Adams that he would receive copies of any papers from the custody hearing. 22. Plaintiff B. Barrick has not received any copies of the custody order that was issued and instead received two copies of a Petition to Terminate Father's Rights and Petition for Adoption which Plaintiff B. Barrick had not consented to sign. 23. The Custody Complaint contains numerous essential misrepresentations, omissions and falsehoods. 24. The Custody Conciliation Summary Report states that the "Father has not had any contact with the Child in approximately five years." 25. In fact, the father, Plaintiff B. Barrick had regularly visited with the minor child A. Barrick with the natural mother Jessica Miller up to Spring of 2008. 26. In Spring, 2008, an adult male moved in and also resided with Defendant Miller and Jessica Miller along with the two children. The visits by the father Plaintiff B. Barrick ceased at this time. 27. In the Custody Conciliation Summary Report, it is falsely stated that "Robert Miller, has been the father figure in the Child's life essentially the Child's entire life." 28. The biological father, Plaintiff B. Barrick, lived with the child A. Barrick and the child's mother in the same household from the time of the child's birth until he was two years old. 29. Plaintiff B. Barrick then regularly visited with child until Spring 2008 when the addition of another male in the household resulted in a stopping of visitation rights. 30. The Custody Conciliation Summary Report stated that the biological father, Plaintiff B. Barrick "has indicated to Step-father's counsel that he is willing to consent to an adoption for the Child." 31. Plaintiff B. Barrick never stated that he is willing to consent to an adoption by Defendant Miller of the minor child A. Barrick and did not return the adoption papers to Jane Adams, counsel for Defendant Miller. 32. Due to Plaintiff Barrick's absence, the court in the custody hearing of January 2009 did not rule upon the fitness of Defendant Miller as a father to minor child, Andrew Barrick, only granting custody to Defendant Miller by default. 33. Plaintiffs Hostler, L. Kelly and T. Kelly did not receive notice of the Custody Complaint and were not notified of the hearing. 34. Defendant Miller signed verification to the Complaint for Sole Custody that under penalty of perjury, all facts were true and correct. 35. Defendant Miller failed to state that minor child, Andrew Barrick, resided with Plaintiffs Hostler, L. Kelly and T. Kelly and that Plaintiffs have had physical custody and claims to custody. 36. Plaintiffs Hostler, L. Kelly and T. Kelly did not learn of the award of Sole Custody to Defendant Miller until they instituted the instant action for Custody. 37. Jessica Miller's death was due to chemical dependency when she resided with Defendant Miller. 38. Defendant Miller has a history of chemical dependency issues and in fact, met Jessica Miller while receiving inpatient treatment. 39. Plaintiffs Hostler, L. Kelly, T. Kelly and Defendant Miller have shared custody of the minor child, Andrew Barrick, following the death of the child's mother, Jessica Miller, on December 28, 2008. 40. In paragraph 3 of the Custody Complaint, there is a serious omission as to who the child has resided with over the past five years. The following should have been disclosed: Sadie Arnold 124 Tower Circle 2002- 2003 2004 -2007 41. In addition, Sadie Arnold, the maternal grandmother of the minor child, Andrew Barrick, has provided food, shelter, care and has enjoyed a loving close relationship with Andrew Barrick. 42. Maternal Grandmother Sadie Arnold watches Andrew Barrick on a regular basis on Friday nights and Andrew sleeps over her home on these and other nights as needed. 43. Sadie Arnold was not listed in the custody complaint. 44. Maternal Grandmother Sadie Arnold was not notified of either the Custody Complaint or the Involuntary Termination of Parental Rights Petition that was recently filed by Defendant Miller. 45. During the past year, the minor child, Andrew Barrick, has resided with the following persons and at the following addresses: a. Jessica Miller and Defendant Miller who resided at 124 Tower Circle, Carlisle, Cumberland County, Pennsylvania - 2002- December 2008. b. Plaintiff Hostler, who resides at 44 Marsh Drive, Carlisle, Cumberland County, Pennsylvania - December 2008-present- shares custody with Plaintiff L. Kelly and Plaintiff T. Kelly from Saturday afternoon to Wednesday morning during the week, and also had custody of minor child, Andrew Barrick, on Saturdays before Jessica died. c. Plaintiffs L. Kelly and T. Kelly, who reside at 1212 Biddle Drive, Carlisle, Cumberland County, Pennsylvania - December 2008-present share custody with Plaintiff Hostler from Saturday afternoon to Wednesday morning during the week, also had custody of minor child, Andrew Barrick on Sundays before Jessica died. d. Defendant Miller who resides at 124 Tower Circle, North Middleton, Cumberland County, Pennsylvania - December 2008-present- has custody of minor child, Andrew Barrick, from Wednesday through Saturday afternoon during the week. 46. Plaintiffs Hostler, L. Kelly and T. Kelly acted in loco parentis to the minor child prior to the death of his mother, Jessica Miller, which created a sustained, substantial and sincere interest in the welfare of the minor child, Andrew Barrick. 47. Plaintiffs Hostler, L. Kelly and T. Kelly cared for the child since his birth, whenever his mother was incapable of caring for the minor child due to her illnesses, both prior to her marriage to Defendant Miller and during the marriage. 48. Plaintiffs Hostler, L. Kelly and T. Kelly cared for the minor child, Andrew Barrick, every weekend from December 2008 to present. 49. Plaintiffs Hostler, L. Kelly, and T. Kelly have provided the minor child, Andrew Barrick, with a stable home, love, security, and care. 50. Plaintiffs Hostler, L. Kelly and T. Kelly never asked for nor received any money for the care of minor child, Andrew Barrick. 51. Plaintiffs have a sustained, substantial and sincere interest in the welfare of the minor child, Andrew Barrick. 52. Plaintiffs Hostler, L. Kelly and T. Kelly have demonstrated a deep concern for the welfare of the minor child in the past and continue to show deep concern for the welfare of the minor child, Andrew Barrick. 53. The relationship that exists between the minor child, Andrew Barrick, and the Plaintiffs Hostler, L. Kelly and T. Kelly is that of a parent-child relationship. 54. Defendant Miller has not demonstrated the capability to take care of the minor child, Andrew Barrick's special and normal needs: a. Andrew has a learning disability for which Defendant Miller has not taken part in the programs offered by Andrew's school. b. Andrew's school recommended him for occupational therapy for which Defendant Miller did not assist Andrew. c. Andrew lost his glasses, he has a lazy eye, and Plaintiff T. Kelly had to pressure Defendant Miller to get Andrew new glasses after two months. d. Andrew is again without his glasses and Defendant Miller has stated that the glasses are waiting for him to pick up. Plaintiffs contacted Allegheny Optical where previous glasses were dispensed under the insurance plan and none were ordered. When confronted, Defendant Miller lied about the glasses being ordered. e. Andrew requires treatment for an enlarged testicle which still has not been treated due to Defendant Miller's lack of concern. f. Andrew's school, Crestview Elementary, sends Andrew's paperwork to Plaintiff Hostler as she is the one who handles Andrew's paperwork. g. Defendant Miller has, in the past, failed to pick Andrew up from his bus stop. On at least one occasion Defendant Miller refused to pick Andrew up from school when he was called, and Plaintiff Hostler ultimately was called to pick him up. h. Defendant Miller does not have any food at his house, claiming that he takes the children out to eat for every meal when they are in his care and custody. i. Defendant Miller still has not paid the funeral expenses for Jessica, his deceased wife and mother of the minor, Andrew Barrick. j. Defendant Miller has a chemical dependency and he has a variety of strangers with similar habits invited to stay at his home at different times. k. Andrew is left at home alone while in Defendant Miller's "care" frequently, unsupervised and unfed while Defendant Miller sleeps during the day as he works nights. 1. Andrew and his brother, Zach, are dirty when they arrive at school on the days that Andrew resides with Defendant Miller. m. Defendant Miller failed to enroll Andrew in Camp Dragonfly for children coping with the loss of a parent, and Defendant Miller failed to seek counseling for Andrew, although it was suggested and favored by Plaintiffs and Andrew's teacher. n. Defendant Miller works night shifts at his job and is not able to supervise the minor child, Andrew Barrick, on nights when he works. 55. The best interest of the minor child, Andrew Barrick, will be served by granting the relief requested because it will allow the minor child to be properly cared for by adults who have a sustained, substantial and sincere interest in his welfare and who will provide the special care and attention that the child needs. 56. The relationship and bond between Plaintiffs Hostler, L. Kelly, T. Kelly and minor child Andrew Barrick is so strong that, even prior to his mother's death, Andrew resided at the Plaintiff's Hostler, L. Kelly and T. Kelly residences on weekends as well as at other times during each week. 57. The natural father, Plaintiff Barrick, does not seek physical custody of his child, Andrew Barrick, as he believes that Plaintiffs Hostler, L. Kelly and T. Kelly should receive custody of the minor child, Andrew Barrick. 58. It is in the child's best interest to have sole custody granted to Plaintiffs Hostler, L. Kelly and T. Kelly. 59. Plaintiff Barrick feels that Plaintiffs Hostler, L. Kelly and T. Kelly would provide the best care for Andrew, due to their sustained, substantial relationship and the care that they have provided to the child since his birth. 60. Plaintiffs Barrick, Hostler, L. Kelly and T. Kelly have been informed of this current proceeding concerning the minor child, Andrew Barrick, and a Petition for Involuntary Termination of Father's Rights pending in Cumberland County court. 61. Plaintiffs Barrick, Hostler, L. Kelly and T. Kelly do not know of a person, not a party to the proceeding that has physical custody of the minor child or claims to have custody or visitation rights with respect to the minor child. 62. The best interest and permanent welfare of the minor child, Andrew Barrick, will be served by granting the relief requested because it will allow the minor child to have physical and emotional contact with his maternal aunts, and the parties that have acted in loco parentis to the minor child since the time of his birth, and who want to maintain their sustained, sincere and substantial role in his upbringing and in caring for his needs. 63. Plaintiffs Barrick, Hostler, L. Kelly and T. Kelly have a concern about the welfare of the minor child in that he is with his stepfather at times due to the fact that the stepfather/Defendant Miller has sole custody of the child despite the fact that the conditions in the Defendant Miller's home are deplorable, the care provided by the Defendant Miller is unhealthy, unsafe and inappropriate for the proper raising of a child, and the guests and visitors of the Defendant Miller's home contribute to a dangerous and poor environment for the raising of a child. 64. Plaintiff Barrick, the biological father of the minor child, Andrew Barrick, voices his concerns in this action and his desire to make sure that the welfare of the minor child is served by the granting of custody of the minor child to the Plaintiffs Hostler, L. Kelly and T. Kelly. WHEREFORE, Plaintiffs request the court grant sole legal and physical custody of the minor child, Andrew Barrick, to Plaintiffs Debra Hostler and Lorriene and Thomas H. Kelly, III. Respectfully submitted, ,- argaret M. Stuski, sq °re Pa. Sup. Ct. ID# 42478 61 West Louther Street Carlisle, Pennsylvania 17013 Counsel for the Plaintiffs EXHIBIT "A" ROBERT MILLER, vs. BRIAN BARRICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : No. 49--553 IN CUSTODY Defendant CUSTODY COMPLAINT Civil Term 1. Plaintiff is Robert Miller, who currently resides at 124 Tower Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Brian Barrick, who is currently believed to reside in Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff is the step-father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Andrew J. Barrick 3/30/2002 124 Tower Circle, Carlisle, Pa. 17013 Natural Mother, Jessica Miller, was deceased on December 28, 2008. Plaintiff currently has physical custody of the child and stands in loco parentis to the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Robert Miller 124 Tower Circle Zacherie Cordell Armold, half-brother, (12) Jessica Miller 124 Tower Circle Robert Miller Carlisle, Pa. 17013 Zacherie Cordell Armold, half-brother, (12) 12/28/08 - present Carlisle, Pa. 17013 2003 - 12128/08 The mother of the child Jessica Miller. She is deceased. The father of the child is Brian Barrick. He currently resides in Newville, Pennsylvania. 4. The relationship of plaintiff to the child is that of step-father. The plaintiff currently resides with the child and his half-brother. 5. The relationship of defendant to the child is that of Natural Father. Plaintiff does not know who lives with the defendant. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is the step-father of the child and has lived with the child since 2003 when he married mother. Natural Father has not had contact with the child since 2004. Mother died on December 28, 2008. Plaintiff stands in loco parentis to the child and is currently requesting a custody order confirming his physical and legal custody of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: 0%9 J& Adams, Esquire D No. 79465 1 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. -&-aw Date: ?- jP' Robert Miller, Plaintiff . V. L< MAR 19 20006 ROBERT MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-553 CIVIL ACTION LAW BRIAN BARRICK, IN CUSTODY Defendant ORDER OF COURT AND NOW this 2d' day of March 2009, upon consideration of the, attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Step-Father, Robert Miller, shall have sole legal custody of Andrew J. Barrick, born 03/30/2002. Robert Miller shall have the right to make any and all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Robert Miller shall have the right to make any and all emergency decisions affecting the Child's well being. 2. Physical Custody: Step-Father, Robert Miller, shall have sole primary physical custody of the Child. Father, Brian Barrick, shall have contact with the Child at Step-Fkher's discretion and agreement. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Di 'button: Adams, Esquire ??onhn an Barrick, 175 Beetem Hollow Rd., Newville, PA 1724 J. Mangan, Esquire By the Court, ROBERT MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-553 CIVIL ACTION LAW BRIAN BARRICK, IN CUSTODY Defendant CUSTODY CONCH1ATION SUMIMiARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Andrew J. Barrick 03/30/2002 Solely Step-father 2. A Conciliation Conference was held with regard to this matter on March 19, 2009 with the following individuals in attendance: The Step-father, Robert Miller, with his counsel, Jane Adams, Esq. The Father, Brian Barrick, did not appear. 3. The Mother of the Child, Jessica Miller deceased on 12/28/2008. Step-father, Robert Miller, has been the father figure in the Child's life essentially the Child's entire- life. Step-father currently lives with the Child, Andrew Barrick, and another adopted Child who is twelve years old. Step-father is currently employed and has family support to care for the Child. Step-father is requesting legal authority to have care and custody of the Child. The Child views Step-father as his natural father. Biological Father, Brian Barrick, despite having proper service of the custody complaint has opted to not appear for the conference. Father has not had any contact with the Child in approximately five years. Father is a registered Megan' s Law Offender and has indicated to Step-father's counsel that he is willing to consent to an adoption for the Child. 4. The undersigned recommends the entry of an Order in the form as attached. Date Jo gan, Esquire C od Conciliator VERIFICATION I, Brian L. Barrick verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4905 relating to unsworn falsification to authorities. P Date Brian L. Barrick VERIFICATION I, Debra Hostler verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4905 relating to unsworn falsification to authorities. CC 001, Date Debra Hostler VERIFICATION I, Lorriene Kelly verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4905 relating to unsworn falsification to authorities. Date Lorriene Kelly VERIFICATION I, Thomas H. Kelly, III verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4905 relating to unworn falsification to authorities. Date Thomas H. y, III STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff BRIAN L. BARRICK, DEBRA HOSTLER and LORRIENE KELLY & THOMAS H. KELLY, III Plaintiffs V. ROBERT MILLER, Defendant NO. 09-553 Civil Term CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Margaret M. Stuski, Esquire, hereby certify that a copy of the Complaint was served upon Defendant's Attorney, this ?C day of i , 2009, by first- class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa.R.C.P. 1930.4 (c) at the following: Jane Adams, Es 17 West South ?treet Carlisle, Pa 17013 MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 42478 61 West Louther Street Carlisle, Pa 17013 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Margaret M. 'Stuski, Esgjlre OF TFi,- P,,= ZCU9 Jet;; . 0 ri' ` !`fity BRIAN L. BARRICK, DEBRA IN THE COURT OF COMMON PLEAS OF HOSTLER AND LORRIENE KELLEY & CUMBERLAND COUNTY, PENNSYLVANIA THOMAS H. KELLY, III, PLAINTIFFS V. ROBERT MILLER, DEFENDANT : 09-553 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2009, the within motion for an emergency custody hearing IS DENIED. There being a pending petition to modify a custody order which has been referred to conciliation, IT IS ORDERED that Robert Miller shall not move Andrew Barrick, born March 30, 2002, outside of Cumberland County without the permission of a court. By t Court, 1 Edgar B. Baffty, /rgaret M. Stuski, Esquire For Plaintiffs ./ Jane Adams, Esquire For Defendant Court Administrator sal (2c f 1 ;ES /n2 t L£. L 711/0,7 lz? pt -a c- ? Z L i 1) HLED-t OF iF Pr l f! _i. Ir. r Iiil 2009 J L- i A i 1= '41 Cab = :::- : -)Ur 'PEf 11 `ii BRIAN L. BARRICK, DEBRA HOSTLER, IN THE COURT OF COMMON PLEAS OF LORRIENE KELLY, THOMAS H. KELLY, III PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT MILLER 2009-553 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 01, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 20, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . Man an r. Es q. 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 AL.ED--lilt r,?.F OF THE PF',1; ? YY-,If) 2009 rJL -2 AM ;a, 3 8 , J u'N EY STEPHANIE E. CHERTOK, ESQUIRE MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 42478 61 West Louther Street 61 West Louther Street Carlisle, Pennsylvania 17013 Carlisle, PA 17013 Attorney for Plaintiff Attorney for Plaintiff ROBERT MILLER, Plaintiff v. BRIAN L. BARRICK, Defendant IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY NO. 09-553 Civil Term CIVIL ACTION-CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Margaret M. Stuski, Esquire, on behalf of the Intervenor, Sadie Armold. Date: /G '/ ~ c:~S% A ARET . STUSKI, E QUIRE l~A Supreme Court ID# 42478 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 STEPHANIE E. CHERTOK, ESQUIRE MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 42478 61 West Louther Str~I 61 West Louther Street Carlisle, Pennsylvania 17013 Carlisle, PA 17013 Attorney for Plaintiff Attorney for Plaintiff ROBERT MILLER, Plaintiff IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY v. . BRIAN L. BARRICK, . Defendant NO. 09-553 Civil Term CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Margaret M. Stuski, Esquire, hereby certify that a copy of the Praecipe to Enter Appearance was served upon Defendant's Attorney, this 'yam day of Oct--~-~ , 2009, by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa.R.C.P. 1930.4 (c) at the following: Jane Adams 17 West South Street Carlisle, Pa 17013 r' garet M. ~tuski, Esqui e FILE;- - _ Z~~OL~ f~ Gi~ ~~ ~~ Li L:~ ... _ ~ i'~1 z STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff MARGARET M. STUSKI, ESQUIRE PA Supreme Court ID: 42478 61 West Louther Street Carlisle, PA 17013 Attorney for Plaintiff ROBERT MILLER, Plaintiff v. BRIAN L. BARRICK, Defendant IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY NO. 09-553 Civil Term CIVIL ACTION-CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Margaret M. Stuski, Esquire, on behalf of the Defendant, Brian L. Barrick. Date: i~~~z-~~ 9 ARGARET M. STUSKI, QUIRE PA Supreme Court ID# 42478 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, Pennsylvania 17013 Attornev for Plaintiff ROBERT MILLER, Plaintiff v. BRIAN L. BARRICK, MARGARET M. STLJSKI, ESQUIRE PA Supreme Court ID: 42478 61 West Louther Street Carlisle, PA 17013 Attorney for Plaintiff IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY NO. 09-553 Civil Term Defendant CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Margaret M. Stuski, Esquire, hereby certify that a copy of the Praecipe to Enter Appearance was served upon Plaintiff's Attorney, this 3~ -Zi' day of ~~~~~ , 2009, by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa.R.C.P. 1930.4 (c) at the following: Jane Adams 17 West South Street Carlisle, Pa 17013 -> ~~c 11~argaret .Stuski, uire :_ ?'ice ~ ; ,_~. .~ _ ._ ~ . .~ vs. ~1~~~'t~i try ~ ~ ~~ STEPHANIE E. CHERTOK, ESQUIRE '~F ~~ ~~~~i`"~ ~• PA Supreme Court ID #: 52651 ~0 ALLIED ATTORNEYS OF CENTRAL PENNSYLVAN~~~ ~ 4 PM 3• 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax ~.: l t jU~'{ 1 P~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW BRIAN BARRICK, IN THE COiJRT OF COMMON PLEAS OF DEBRA HOSTLER and :CUMBERLAND COUNTY, PENNSYLVANIA LORRIENE KELLY and THOMAS H. KELLY, III, :CIVIL ACTION- LAW Plaintiffs ROBERT MILLER, Defendant NO. 09-0553 CIVIL PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Stephanie E. Chertok, Esq. and Allied Attorneys of Central Pennsylvania, LLC as counsel on behalf of Plaintiffs, BRIAN BARRICK, DEBRA HOSTLER, LORRIENE KELLY, and THOMAS H. KELLY,III, in the above-captioned matter. Respectfully Submitted, Date: d ~ ~~ St phanie .Chertok PA. Supreme Court ID 52651 Allied Attorneys of Central Pennsylvania, LI,C 61 W. Louther Street Carlisle, Pa 17013 (717) 249-1177 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID #: 52651 ALLIED ATTORNEYS OF CENTRAL PENNSYLVANIA, LLC 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW BRIAN BARRICK, 1N THE COURT OF COMMON PLEAS OF DEBRA HOSTLER and :CUMBERLAND COUNTY, PENNSYLVANIA LORRIENE KELLY and THOMAS H. KELLY, III, :CIVIL ACTION- LAW Plaintiffs NO. 09-0553 CIVIL vs. ROBERT MILLER, Defendant CERTIFICATE OF SERVICE I Christie D. Lose, paralegal, for Allied Attorneys of Central 1?ennsylvania, LLC, hereby certify that on this ~'~ day of ~(,~ , 2010, that a true and correct copy of the Praecipe to Withdraw Appearance was mailed to the following: Tom & Lorrie Kelly 1212 Biddle Drive Carlisle, Pa 17013 Margaret M. Stuski, Esq. 908 Walnut Street Wormleysburg, PA 17043 Debra Hostler 44 Marsh Drive Carlisle, Pa 17013 Brian Barrick 175 Beetem Hollow Road Newville, PA 17:?41 /s/ Christie D. Lose Christie D. Lose, Paralegal 61 W. Louther Street Carlisle, Pa 17013 (717) 249-1177