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HomeMy WebLinkAbout09-0772DANIEL BARRICK, Plaintiff V. COURTNEY M. HOCKENBERRY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA .NO. IN CUSTODY . COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, DANIEL BARRICK, and respectfully represents as follows: 1. The Plaintiff is DANIEL BARRICK, residing at Z Laurel Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is COURTNEY M. HOCKENBERRY, residing at 64 Tory Circle, Enola, Cumberland County, Pennsylvania 17025 3. The Plaintiff is seeking shared physical custody, of the following child: Name Residence Age Gavin D. Hockenberry 64 Tory Circle 0 Years Enola, PA 17025 3 The child was born out of marriage to the Plaintiff and Defendant. The child is presently in the custody of Defendant,'COURTNEY M. HOCKENBERRY, who currently resides at 64 Tory Circle, Enola, Cumberland County, Pennsylvania 17025, where the child has resided since birth. The father of the child is Plaintiff, DANIEL BARRICK, residing at 2 Laurel Drive, Enola, Cumberland County, Pennsylvania 17025. The mother of the child is Defendant, COURTNEYI' M. HOCKENBERRY, residing at 64 Tory Circle, Enola, Cumberland County, Pennsylvania 17025. 4. The relationship of Plaintiff, DANIEL BARRICK,', to the child is that of natural father. 5. The relationship of Defendant, COURTNEY M. HOCKENBERRY, to the child is that of natural mother. 6. The Plaintiff has not participated as a party or Witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. Plaintiff has no information of a custody proceeding concerning the custody of the said 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. 4 7. The Plaintiff requests that in the best interest of their minor child that Plaintiff and Defendant have shared physical custody. Defendant has refused the Plaintiffs legal right to have said child at their residence located at 2 Laurel Drive, Enola, Cumberland County, Pennsylvania 17025. Plaintiffs concerns are that he does not have access to their minor child. Plaintiff's concerns are that;he does not know where the minor child is or who is taking care of their minor child when in Defendant's care. Defendant will not divulge this information and refuses to allow Plaintiff to pick up the minor child from wherever said minor child is when in Defendant's care. Further, Plaintiff also requests that while Defendant is at work that their Minor child be placed in daycare where the minor child is while under Plaintiffs care. 8. Each parent whose parental rights of the child have not been terminated and the person's whom have shared physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the entry of an Order of (Court providing as follows: a. Plaintiff will be agreeable to a written agreement thj t he and the Defendant will use daycare in agreement of each tither. This is to prevent undue stress upon Plaintiff and their minor child while their minor child is in Defendant's care. Plaintiff and Defendant may pick up said minor child from daycare when it is their agreed upon day as follows, this schedule will continue until said minor child attends school bleginning on or about the year 2015. 1. Week One: Monday, Tuesday Plaintiff, Wednesday, Thursday Defendant, Friday, Saturday ahd Sunday Plaintiff 2. Week Two: Monday, Tuesday Defendant, Wednesday, Thursday Plaintiff, Friday, Saturday and Sunday Defendant. ti C> c? c-- ? `? :_`? ?-r ? ?a r''' 1. ``? =t ? ? , „r ? _ cn r _ ? ; r?a ? c.a ? MAR 2 7 20004 DANIEL BARRICK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-772 CIVIL ACTION LAW COURTNEY M. HOCKENBERRY Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2. ?) k day of 22 CA. , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Daniel Barrick, and the Mother, Courtney M. Hockenberry, shall have shared legal custody of Gavin D. Hockenberry, born January 8, 2009. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate' decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody in accordance with the following schedule, which includes gradually expanding periods of custody for the Father: A. Beginning on Tuesday, March 24, 2009 and continuing for two (2) weeks, the Father shall have custody of the Child on the following dates and times: On Tuesday, March 24 from 3:45 p.m. until 6:00 p.m. On Thursday, March 26 from 7:00 a.m. until 6:00 p.m. On Tuesday, March 31 from 7:00 a.m. until 6:00 p.m. On Thursday, April 2 from 3:45 p.m. until 6:00 p.m. On Friday, April 3 from 3:45 p.m. until 6:00 p.m. On Saturday, April 4 from 7:00 a.m. until 6:00 p.m. On Sunday, April 5 from 12:30 p.m. until 6:00 p.m. When the Father is obtaining custody of the Child at 3:45 p.m. above, the Father shall pick up the Child at the babysitter and return the Child to the Mother's residence at 6:00 p.m. When the Father is obtaining custody of the Child at 7:00 a.m., the Mother shall transport the Child to the Father's residence. The Mother shall transport the Child to the Father's residence also on Sunday at 12:30 p.m. B. Beginning on Monday, April 6, 2009 and continuing for six (6) weeks, the parties shall have physical custody of the Child on the following bi-weekly schedule: During Week I, the Father shall have custody of the Child on Tuesday from 3:45 p.m. until 6:00 p.m. and from Wednesday at 3:45 p.m. through Thursday at 6:00 p.m. During Week II, the Father shall have custody of the Child from Tuesday at 3:45 p.m. through Wednesday at 6:00 p.m., from Thursday at 3:45 p.m. through 6:00 p.m., from Friday at 3:45 p.m. through Saturday at 6:00 p.m., and on Sunday from 12:30 p.m. through 6:00 p.m. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. C. Beginning Monday, May 18, 2009 and continuing for a six (6) week period, the parties shall have custody of the Child on the following bi-weekly schedule: During Week I, the Father shall have custody of the Child from Monday at 3:45 p.m. through Wednesday at 3:45 p.m. The Mother shall have custody from Wednesday at 3:45 p.m. through Friday at 3:45 p.m. The Father shall have custody from Friday at 3:45 p.m. through Saturday at 6:00 p.m. The Mother shall have custody from Saturday at 6:00 p.m. through Sunday at 12:30 p.m. The Father shall have custody on Sunday from 12:30 p.m. until 6:00 p.m. During Week II, the Mother shall have custody of the Child from Sunday at 6:00 p.m. through Wednesday at 3:45 p.m. The Father shall have custody from Wednesday at 3:45 p.m. through Friday at 3:45 p.m. The Mother shall have custody from Friday at 3:45 p.m. through Monday at 3:45 p.m. D. Beginning on Monday, June 29, 2009 and continuing thereafter on an ongoing basis, the parties shall have custody of the Child on an alternating bi-weekly basis as follows: During Week I, the Mother shall have custody of the Child from Sunday at 6:00 p.m. through Wednesday at 3:45 p.m. The Father shall have custody from Wednesday at 3:45 p.m. through Friday at 3:45 p.m. The Mother shall have custody from Friday at 3:45 p.m. through Monday at 3:45 p.m. During Week II, the Father shall have custody of the Child from Monday at 3:45 p.m. through Wednesday at 3:45 p.m. The Mother shall have custody from Wednesday at 3:45 p.m. through Friday at 3:45 p.m. The Father shall have custody from Friday at 3:45 p.m. through Sunday at 6:00 p.m. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Shared Holidays: The parties shall share having custody of the Child on New Years' Day, Easter Sunday, Memorial Day, July Fourth, Labor Day and Thanksgiving each year. On each holiday, one parent shall have custody of the Child from 8:00 a.m. until 3:00 p.m. and the other parent shall have custody from 3:00 p.m. until 8:00 p.m. In the event the Father is working on the holiday, the Father shall have the second half of the holiday and the Mother shall' have the first half. In the event the Father is not working on the holiday, the Father shall have custody of the Child during the first part of the holiday and the Mother shall have custody during the second part. In the event the Father's work schedule changes, the parties shall share having custody of the Child on the foregoing holidays as arranged by agreement. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 8:00 a.m. until 6:00 p.m. D. Child's birthday: In the event the Child's birthday falls on a weekend, the custodial parent shall be entitled to select the day on which that parent will have custody of the Child for his birthday and the other party will have the other weekend day for a period of custody with the Child, unless the parties agree to celebrate the Child's birthday jointly. 4. Beginning July 1, 2009 and continuing thereafter, each party shall be entitled to have custody of the Child for vacation each year for one (1) uninterrupted week upon providing at least thirty (30) days advance written notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Each party shall schedule his or her vacation weeks of custody to include that party's regular weekend period of custody and, unless otherwise agreed, the period of vacation custody shall run from Friday at 6:00 through the following Friday at 6:00 p.m. In the event either party intends to remove the Child from his or her residence for the vacation period of custody, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. Additional periods of vacation custody may be scheduled by agreement between the parties. 5. In the event either party is unavailable to provide care for the Child during his or her period of custody for a period of four (4) hours or more, that parent shall first contact the other parent to offer the opportunity to provide care for the Child during his or her unavailability before contacting third party caregivers. 6. The parties agree that the Mother shall be responsible to schedule the Child's regular medical checkups which shall be scheduled to ensure that the Father is able to attend the appointment if possible. 7. Unless otherwise agreed between the parties, the Mother shall be entitled to claim the Child for tax purposes in odd-numbered years and the Father shall be entitled to claim the Child for tax purposes in even-numbered years. 8. The parties shall share responsibility for providing transportation for exchanges of custody as arranged by agreement. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc ? Paniel Barrick - Father /Thomas Gould, Esquire - Counsel for Mother Co f 3?3c1v? BY THE COURT, 1 1 . 3 11417 1 C NV aloz 11yy..,;1, `Yr ii 031H DANIEL BARRICK Plaintiff VS. COURTNEY M. HOCKENBERRY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-772 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Gavin D. Hockenberry January 8, 2009 Mother 2. A custody conciliation conference was held on March 23, 2009, with the following individuals in attendance: the Father, Daniel Barrick, who is not represented by counsel in this matter, and the Mother, Courtney M. Hockenberry, with her counsel, Thomas Gould, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator DANIEL BARRICK, Plaintiff V. COURTNEY M. HOCKENBERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 0772 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION PETITION TO MODIFY CUSTODY ORDER 1. The Defendant/Petitioner (Mother) is Courtney M. Hockenberry residing at 64 Tory Circle, Enola, Cumberland County, Pennsylvania 17025. 2. The Plaintiff/Respondent (Father) is Daniel Barrick who resides at 2 Laurel Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Father and Mother are the biological parents of Gavin D. Hockenberry (Gavin), born January 8, 2009. 4. Mother seeks to Modify the Order of Court dated March 27, 2009, by continuing to have joint legal custody and by reducing the time spent with father. A copy of the March 27, 2009 Order is attached as exhibit A. 5. Gavin's best interest will be served if Mother's request is granted because: A. Mother continues to nurse Gavin and due to Father's increasingly extended times Mother is no longer able to provide sufficient milk for Gavin's needs while in the care of Father. B. Gavin is experiencing discomfort due to the conflict in his parent's schedules. C. Father has failed to communicate with Mother regarding the parenting concerns of Gavin. D_ Father has regularly delegated his parental responsibilities to his current girlfriend. E. Father has refused or failed to take Gavin to the designated childcare provider without notifying Mother or the childcare provider. WHEREFORE, Mother requests that this honorable court continue joint legal custody with the parents and designate a parenting schedule providing Mother with primary physical custody subject to liberal periods of partial physical custody to Father that are in the best interest of Gavin. Respectfully submitted, Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I, Courtney M. Hockenberry, hereby certify that the foregoing PETITION TO MODIFY CUSTODY ORDER is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED 1? (n - TCou ney M. Hockenber Petitioner 3 MAR 2 7 20(06 DANIEL BARRICK Plaintiff vs_ COURTNEY M. HOCKENBERRY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-772 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this d,74k day of ` 2009 upor, consideration of the attached Custodv Conciliation Report, it is ordered and directed as follows: 1. The Father, Daniel Barrick, and the Mother, Courtney M. Hockenberry, shall have shared legal custodv of Gavin D. Hockenberry, born January 8. 2009. Major decisions concerning the Child including, but not necessarily limited to, his health. welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's :-fights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity- or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Dav to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made. the parent having physical custody of the Child at the time of the emergencv shall be permitted to make any immediate decisions necessitated thereby However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C_S.A. §309, each party shall be entitled to complete and full information from any doctor, dentist, teacher. professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. ?. The parties shall have phvsficai custody in accordance with the following schedule, which includes gradually expanding periods of custody for the Father: A. Beginning on Tuesday. March 24. 2009 and continuing for two (2) weeks, the Father shall have custodv of the Child on the following dates and times: On Tuesdav. March 24 from 3:45 p.m. until 6:00 p.m. On Thursday. March 26 from 7:00 a.m_ until 6:00 p.m. On Tuesday_ March 31 from 7:00 a.m. until 6:00 p.m_ On Thursday. April 2 from 3:45 p.m. until 6:00 p_m. On Friday. April 3 from 3:45 p.m. until 6:00 p_m. On Saturday, April 4 from 7:00 a.m. until 6:00 p.m_ On Sunday. April 5 from 12:30 p.m. until 6:00 p.m. When the Father is obtaining custody of the Child at 3:45 p.m. above, the Father shall pick up the Child at the babysitter and return the Child to the Mother's residence at 6:00 p.m_ When the Father is obtaining custody of the Child at 7:00 a.m., the Mother shall transport the Child to the Father's residence. The Mother shall transport the Child to the Father's residence also on Sunday at 12:30 p-m. B. Beginning on Monday. April 6, 2009 and continuing for six (6) weeks, the parties shall have physical custody of the Child on the following bi-weekly schedule: During Week I. the Father shall have custody of the Child on Tuesday from 3:45 p.m. until 6:00 p.m. and from Wednesday at 3:45 p.m. through Thursday at 6:00 p.m. During Week II, the Father shall have custody of the Child from Tuesday at 3:45 p.m. through Wednesday at 6:00 p.m-, from Thursday at 3:45 p.m. through 6:00 p.m., from Friday at 3:45 p.m. through Saturday at 6:00 p_m., and on Sunday from 12:30 p.m. through 6:00 p.m. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. C. Beginning Monday, Islay 18. 2009 and continuing for a sic (6) week period, the parties shall have custody of the Child on the following bi-weekly schedule. During Week I, the Father shall have custody of the Child from Monday at 3:45 p.m. through Wednesday at 3:45 p.m. The Mother shall have custody from Wednesday at 3:45 p.m. through Friday at 3:45 p.m. The Father shall have custody from Friday at 3:45 p.m. through Saturday at 6:00 p.m. The Mother shall have custody from Saturday at 6:00 p.m_ through Sunday at 12:30 p-m. The Father shall have custody on Sunday from 12:30 p.m. until 6:00 p.m. During Week II. the Mother shall have custody of the Child from Sunday at 6:00 p.m. through Wednesday at 3:45 p.m. The Father shall have custodv from Wednesday at 3:45 p.m. through Friday at 3:45 p.m. The Mother shall have custody from Fridav at 3:45 p.m. through Monday at 3:45 p.m. D. Beginning on Monday-. June 29. 3009 and continuing thereafter on an ongoing basis. the parties shall have custodv of the Child on an altemating bi-weekly basis as follows: During Week I. the Mother shall have custody of the Child from Sunday at 6:00 p.m. through Wednesday at 3:45 p_m. The Father shall have custody from Wednesday- at 3:45 p.m. through Friday at 3:45 p.m_ The Mother shall have custody from Fridav at 3:45 p.m. through Monday at 3:45 p.m. During Week II. the Father shall hay-e custod-,- of the Child from Monday at 3:45 p.m. through Wednesday at 3:45 p.m. The Mother shall have custodv from Wednesday at :45 p.m. through Fridav at `45 p.m. The Father shall have custodv from Fridav at 3:45 p.m. through Sunday at 6:00 p-m. 3. The parties shall share or alternate having custody of the Child on holidavs as follows: A_ Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B. which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon- In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years; the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B_ B. Shared Holidavs: The parties shall share having custody of the Child on New Years' Day. Easter Sunday, Memorial Day, July Fourth, Labor Day and Thanksgiving each year. On each holiday, one parent shall have custody of the Child from 8:00 a.m. until 3:00 p_m_ and the other parent shall have custody from 3:00 p.m. until 8:00 p.m_ In the event the Father is working on the holiday, the Father shall have the second half of the holiday and the Mother shall have the first half. In the event the Father is not working on the holiday, the Father shall have custody of the Child during the first part of the holiday and the Mother shall have custody during the second part- In the event the Father's work schedule changes- the parties shall share having custody of the Child on the foregoing holidays as arranged by agreement. C. Mother's Dav/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Dav and the Father shall have custody on Father's Day from 8:00 a.m. until 6:00 p.m. D. Child's birthdav: In the event the Child's birthday falls on a weekend, the custodial parent shall be entitled to select the day on which that parent will have custody of the Child for his birthday and the other party will have the other weekend day for a period of custody with the Child, unless the parties agree to celebrate the Child's birthday jointly. 4. Beginning July 1, 2009 and continuing thereafter, each party shall be entitled to have custody of the Child for vacation each year for one (1) uninterrupted week upon providing at least thirty (30) days advance written notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Each party shall schedule his or her vacation weeks of custody to include that party's regular weekend period of custody and, unless otherwise agreed, the period of vacation custody shall run from Friday at 6:00 through the following Friday at 6:00 p.m. In the event either party intends to remove the Child from his or her residence for the vacation period of custody, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. Additional periods of vacation custody may be scheduled by agreement between the parties- In the event either party is unavailable to provide care for the Child during his or her period of custody for a period of four (4) hours or more. that parent shall first contact the other parent to offer the opportunity to provide care for the Child during his or her unavailability before contacting third par iv caregivers. 6. The parties agree that the Mother shall be responsible to schedule the Child's regular medical checkups which shall be scheduled to ensure that the Father is :able to attend the appointment if possible- 7. Unless otherwise agreed between the parties, the Mother shall be entitled to claim the Child for tax purposes in odd-numbered years and the Father shall be entitled to claim the Child for tax purposes in even-numbered years. 8. The parties shall share responsibility for providing transportation for exchanges of custody as arranged by agreement. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision_ 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation. conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By THE. COURT. Irl / b CC' Daniel Barrick - Father Thomas Gould, Esquire - Counsel for Mother r _ ?J Z V :1 FLED-OI- O THE PROTHMTARY 2009 JUN -5 QM I I: 32 ELt -,, t, ru - iwl COUP IY € EWSkVAN A C, 2 1 "? F DANIEL BARRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-772 CIVIL ACTION LAW COURTNEY M.HOCKENBERRY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW,. Thursday, June 11, 2009 ; upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, July 07, 2009 at 4:30 PM 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/ Dawn S. Sunda Es o. 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 OF THE p 7- '--? 1) TARY 1009 JUtl 12 it I I : 4.0 CU v c. f^i eoey enat U.IL -lc?l -b. S"" ( 941r DANIEL BARRICK, § Plaintiff/Petitioner § v. § COURTNEY M. HOCKENBERRY, § Defendant/Respondent § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-772 CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER PURSUANT TO 23 Pa.C.S. 5310 AND NOW, comes the Petitioner, Daniel Barrick, by his attorney, Tanner Law Offices, LLC, and represents as follows: 1. Petitioner, Daniel Barrick, is an individual currently residing at 2 Laurel Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Respondent, Courtney M. Hockenberry, is an adult individual currently residing at 64 Tory Circle, Enola, Cumberland County, Pennsylvania 17025. 3. The parties are the parents of one minor child, namely Gavin D. Hockenberry, born January 8, 2009. 4. Petitioner respectfully represents that on March 27, 2009, an Order of Court was entered for Custody, in Cumberland County, Docket No. 2009-772 (Exhibit "A"). 5. Respondent filed a Petition to Modify Custody Order on June 5, 2009. 6. Petitioner seeks to modify the Order of Court dated March 27, 2009 by sharing physical custody of their child, with each parent having the child 50 percent of the time. 6. The child's best interest will be served if Petitioner''s request is granted because: A. While the Respondent desires to nurse the child, Mother has difficulty expressing milk, so child drinks formula and will soon start eating baby food, and so can spend more time in Petitioner's custody. B. Respondent does not keep Petitioner informed as to the child's doctor visits, including the scheduling and cancelling of doctor visits, as well as diagnosis and treatment resulting from doctor visits. C. Respondent has enrolled the child in non-state licensed day care. D. The child's current day care provider will not notify the Petitioner of any special circumstances regarding their child. E. The child's current day care provider operates in a substandard fashion, for example, there are many children cared for and few adults; there is no crib or changing table; the yard is not fenced in; there are several dogs which shed hair on the furniture and carpet; and there are exposed wires on the porch. WHEREFORE, Petitioner requests that the Court modify the existing order for Custody because it will be in the best interest of the child. Respectfully submitted, ~~ N • /~~rtycc Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for PetitionerlDefendant TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~~ ~ ^~ Daniel Barric MAR 2 7 2008 DANIEL BARRICK IN THE COURT OF COIv1MON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ?009-772 CIVIL ACTIO'` LA~~ COL'RTIvEY M. HOCKENBERRY Defendant 1N CUSTODY ORDER OF COURT AND NOW, this a7~~ day of _ ~_~~,~ _ ?009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Daniel Barrick, and the Mother. Courtney M. Hockenberry, shall have shared legal custody of Gavin D. Hockenberry, born January 8, ?009. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties afrer discussion and con:>ultation with a view toward obtaining and following a harmonious policy in the Child's best interest. lveither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to an_v emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency artd consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. ~~309, each party shall be entitled to complete and full information from any doctor, dentist, teacher. professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. ?. The parties shall hay-e phy~sicai custod: in accordance ~~ith th.e follo~ying schedule, which includes gradually expanding periods of custody for the Father: A. Beginning on Tuesday. March ~-I. ?009 and continuing for two (?) weeks, the Father shall have custody of the Child on the follo~~ing dates and times: On Tuesday. March ?~ from ~:~~ p.m. until 6:00 p.m. On Thursday. March 26 from 7:00 a.m. until 6x)0 p.m. On Tuesda}: March 31 from 7:00 a.rn. until 6:00 p.m. On Thursday. April 2 from ~:~~ p.rn. until 6:00 p.m. On Friday. April 3 from ~:-i~ p.m. until f :00 p.m. On Saturda~•, :-~pri1 ~4 from 7:00 a.m. until 6:00 p.m. On Sunday. April ~ from 1 ~':30 p.rn. until 6:00 p.m. Exhibit "A" Vvhen the Father is obtaining custodv of the Child at 3:45 p.m. above, the Father shall pick up the Child at the babysitter and return the Child to the Mother's residence at b:00 p.m. When the Father is obtaining custody of the Child at 7:00 a.m., the Mother shall transport the Child to the Father's residence. The Mother shalt transport the Child to the Father's residence also on Sunday at ] 2:30 p.m. B. Beginning on Monday, April 6, 2009 and continuing for si:~ (b) weeks, the parties shall have physical custodv of the Child on the following bi-weekly schedule: During Week I. the Father shall have custody of the Child on Tuesday from 3:45 p.m. until 6:00 p.m. and from Wednesday at 3:45 p.m. through Thursday at 6:00 p.m. During Week II, the Father shall have custodv of the Child from Tuesday at 3:45 p.m. through Wednesday at 6:00 p.m., from Thursday at 3:45 p.m. through 6:00 p.m., from Friday at 3:45 p.m. through Saturday at 6:00 p_m., and on Sunday from 12:30 p.m. through 6:00 p.m. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. C. Beginning Monday, 1~1av 18. 2009 and continuing far a sic (b) week period, the parties shall have custody of the Child on the following bi-weekly schedule: During Week I; the Father shall have custody of the Child from Monday at 3:45 p.m. t•, through Wednesday at 3:45 p.m. The t1~Iother shall have custody from Wednesday at 3:45 p.m. through Friday at 3:45 P-m- The Father shall have custody from Friday at 3:45 p.m. through Saturday at 6:00 p.m. The Mother shall have custody from Saturday at 6:00 p.m. through Sunday at 12:30 p.m. The Father shall have custody on Sunday from 12:30 p.m. tuttil 6:00 p.m. During Week II, the Mother shall have custody of the Child from Sunday at 6:00 p.m. through Wednesday at 3:45 p.m. The Father shall have custodv from Wednesday at 3:45 p.m. through Friday at 3:45 p.m. The Mother shall have custody from Friday at 3:45 p.nt. through Monday at 3:45 p.m. D. Beginning on Ivlondav. June 2'~. "?U09 and continuing thereafter on an ongoing basis. the parties shall have custodv of the Child on an altematin~ bi-weekly basic as follows: During Week I, the Mother shall have custodv of the Child frfjm Sunday at 6:00 p.m. through Wednesday at 3:45 p.m. ` The Father shall have custody from Wednesday at 3:-15 p.m. through Friday at 3:45 p.m. The Mother shall have custodv from Friday at 3:45 p.m. through ylondav at 3:=15 p.m. During Week II. the Father shall have custody oi- the Child from ~Iondav at 3:45 p.m. through Wednesday at 3:45 p.m. The Mother shall have custodv from ~~'ednesda~ at 3:-1~ p.m: throu~?h Friday at 3:=15 P-m- The Father shall have custod~~ from Frida~~ at 3:-1~ p.cn. through Sunday at b:00 p_m. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, c~•hich shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the ?vlother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. in even-numbered years, the Father shall have custody of the Chip' during Segment A and the Mother shall have custody during Segment B. B. Shared Holidays: The parties shall share having custody of the Child on New Years' Day, Easter Sunday, Memorial Day, July Fourth, Labor Day and Thanksgiving each year. On each holiday, one parent shall have custody of the Child from 8:00 a.m. until x:00 p.m. and the other parent shall have custody from 3:00 p.m. until 8:00 p.m. In the event the Fa"ther is working on the holiday_ the Fa!-her shat! have the second half of the holiday and the Mother shall have the first half: In the event the Father is not workin~~ on the holiday, the Father shall have custody of the Child during the first part of the holiday and the Mother shall have custody during the second part. In the event the Father's work schedule changes, the parties shall share having custody of the Child on the fore~oina holidays as arranged by agreement. C. Mother's Dav/Father's Day: In every year, the Mother shall hay°e custody of the Child on Mother's Dav and the Father shall have custody on Father's Day from 8:00 a.m. until 6:00 p.m. D. Childs birthday: In the event the Child's birthday falls on a weekend, the custodial parent shall be entitled to select the day or. which that parent will have custatiy of the Child for his birthday and the other party will have the other weekend day for a period of custody with the Child, unless the parties agree to celebrate the Child's birthday jointly. ~. Beginning July 1, 2009 and continuing thereafter, each party shall be entitled to have custody of the Child for vacation each year for one (1) uninterrupted week upon providing at least thirty (30 j day°s advance written notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Each party shall schedule his or her vacation weeks of custody to include that party's regular weekend period of custody and, unless otherwise agreed, the period of vacation custody shall nrn #rom Friday at 6:00 through the following Friday at 6:00 p.m. In the event either party intends to remove the Child from his or her residence for the vacation period of custody that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. Additional periods of vacation custody may be scheduled by agreement between the parties. ~. In the event either party is unavailable to provide care for the Child curing his or her period of custody for a period of four (4) hours or more. that parent shall first contact the other parent to offer the opportunity to provide care for the Child Burin<, his or her unavailability_ before contacting third part: caregivers. 6. The parties agree that the Mother Shall be responsible to schedule thz Child's regular medical checkups which shall be scheduled to ensure that the Father is •.:blz to attend the appointment if possible. t . 7. Unless otherwise agreed between the parties. the Mother shall be entitled to claim the Child for tax purposes in odd-numbered years and the Father shall be entitled to claim the Child for tax purposes in even-numbered years. 8. The parties shall share responsibility for providing transportation fox exchanges of custody as arranged by agreement. 9. Neither party shall do or say anything which may estrange the Child from the other parent. injure the opinion of the Child as to the other parent. or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation. conference. The parties may rnodify the provisions of this Order bw mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, C J. cc: Daniel Barrick -Father Thomas Gould, Esquire -Counsel for Mother - :j ~~, i r~ _ .. ~~ :zV ~a:.es~~q 7 ~aLEt~- r ~~" ,~ , x'10.00 PP A'r'N Gc.~' a3o5 e-~ aa8~~~